4 |
| Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Sections 1-3.05, 1-3.15, 1-3.16, 1-3.21, 1-3.27, | 6 |
| 1-3.29, 1-3.33, 3-12, 3-14, 4-4, 5-1, 5-3, 6-2, 6-4, 6-5, 6-6, | 7 |
| 6-6.5, 6-7, 6-8, 6-9, 6-9.1, 6-17, 6-17.1, 6-21, 6-22, 6-29, | 8 |
| 6-29.1, 6-31, 7-1, 7-6, 8-1, 8-2, 8-5, 8-10, 9-13, 10-1, and | 9 |
| 10-7.1 and by adding Sections 1-3.38 and 1-3.39 as follows:
| 10 |
| (235 ILCS 5/1-3.05) (from Ch. 43, par. 95.05)
| 11 |
| Sec. 1-3.05. "Alcoholic liquor" includes alcohol, spirits, | 12 |
| wine and beer, and
every liquid or solid, patented or not, | 13 |
| containing alcohol, spirits, wine
or beer, and capable of being | 14 |
| consumed as a beverage by a human being. The
provisions of this | 15 |
| Act shall not apply to alcohol used in the manufacture
of | 16 |
| denatured alcohol produced in accordance with Acts of Congress | 17 |
| and
regulations promulgated thereunder, nor to any liquid or | 18 |
| solid containing
0.5%
one-half of one per cent , or less, of | 19 |
| alcohol by volume. No tax provided
for in Article VIII of this | 20 |
| Act shall apply to wine intended for use and
used by any church | 21 |
| or religious organization for sacramental purposes,
provided | 22 |
| that such wine shall be purchased from a licensed manufacturer ,
| 23 |
| or
importing distributor , or beer and wine importing | 24 |
| distributor under this Act.
| 25 |
| (Source: P.A. 82-783.)
| 26 |
| (235 ILCS 5/1-3.15) (from Ch. 43, par. 95.15)
| 27 |
| Sec. 1-3.15. "Distributor" means any person, other than a | 28 |
| manufacturer ,
or non-resident dealer , or beer and wine | 29 |
| distributor licensed under this Act, who is engaged in this
| 30 |
| State in purchasing,
storing, possessing or warehousing any | 31 |
| alcoholic liquors for resale or
reselling at wholesale, whether |
|
|
|
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| 1 |
| within or without this State.
| 2 |
| (Source: P.A. 83-1254.)
| 3 |
| (235 ILCS 5/1-3.16) (from Ch. 43, par. 95.16)
| 4 |
| Sec. 1-3.16. "Importing distributor" means any person | 5 |
| other than a
non-resident dealer or beer and wine importing | 6 |
| distributor licensed under this Act who
imports into this
| 7 |
| State, from any point in the United States outside this State, | 8 |
| whether for
himself or for another, any alcoholic liquors for | 9 |
| sale or resale, or for
use in the manufacture, preparation or | 10 |
| compounding of products other than
alcoholic liquors, or who | 11 |
| imports into this State, from any point in the
United States | 12 |
| outside this State, for consumption in any one calendar year,
| 13 |
| more than one gallon of such liquors.
| 14 |
| (Source: P.A. 83-1254.)
| 15 |
| (235 ILCS 5/1-3.21) (from Ch. 43, par. 95.21)
| 16 |
| Sec. 1-3.21. "Sale" means any transfer, exchange or barter
| 17 |
| in any manner, or
by any means whatsoever, including the | 18 |
| transfer of alcoholic liquors by and
through the transfer or | 19 |
| negotiation of warehouse receipts or certificates,
and | 20 |
| includes and means all sales made by any person, whether | 21 |
| principal,
proprietor, agent, servant or employee. The term | 22 |
| "sale" includes any
transfer of alcoholic liquor from a foreign | 23 |
| importer's license to an
importing distributor's license even | 24 |
| if both licenses are held by the same
person and any transfer | 25 |
| of beer or wine from a foreign importer's license to a beer and | 26 |
| wine
importing distributor's license even if both licenses are | 27 |
| held by the same
person .
| 28 |
| (Source: P.A. 82-783.)
| 29 |
| (235 ILCS 5/1-3.27) (from Ch. 43, par. 95.27)
| 30 |
| Sec. 1-3.27. "Foreign importer" means anyone other than a | 31 |
| non-resident
dealer licensed under this Act who imports
into | 32 |
| this State,
from any point outside the United States, any | 33 |
| alcoholic liquors other than
in bulk for sale to a licensed |
|
|
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| importing distributor or licensed beer and wine importing | 2 |
| distributor .
| 3 |
| (Source: P.A. 83-1254.)
| 4 |
| (235 ILCS 5/1-3.29) (from Ch. 43, par. 95.29)
| 5 |
| Sec. 1-3.29. "Non-resident dealer" means any person, firm, | 6 |
| partnership,
corporation or other legal business entity who or | 7 |
| which exports into this
State, from any point outside of this | 8 |
| State, any alcoholic liquors for sale
to Illinois licensed | 9 |
| foreign importers ,
or importing distributors , or beer and wine | 10 |
| importing distributors . Such
license shall be restricted to the | 11 |
| actual manufacturer of such alcoholic
liquors or the primary | 12 |
| United States importer of such alcoholic liquors,
if | 13 |
| manufactured outside of the United States, or the duly | 14 |
| registered agent
of such manufacturer or importer. | 15 |
| Registration of such agent with the State
Commission, in such | 16 |
| manner and form as it may prescribe, shall be a prerequisite
to | 17 |
| the issuance of such license to an agent.
| 18 |
| Any licensed Illinois manufacturer of Class 1, Class 2, or | 19 |
| Class 3 may
obtain a Non-Resident Dealer's License at no fee. A | 20 |
| manufacturer whose
production of alcoholic liquor is less than | 21 |
| 500,000 gallons per year may
obtain a Non-Resident Dealer's | 22 |
| License for an annual fee of $75.
| 23 |
| (Source: P.A. 82-783.)
| 24 |
| (235 ILCS 5/1-3.33)
| 25 |
| Sec. 1-3.33. "Brew Pub" means a person who manufactures | 26 |
| beer only at a
designated premises to make sales to importing | 27 |
| distributors, distributors, beer and wine importing | 28 |
| distributors, beer and wine distributors,
and to non-licensees | 29 |
| for use and consumption only, who stores beer
at the designated | 30 |
| premises, and who is allowed to sell at retail from the
| 31 |
| licensed premises, provided that a brew pub licensee shall not | 32 |
| sell for
off-premises consumption more than 50,000 gallons per | 33 |
| year.
| 34 |
| (Source: P.A. 90-432, eff. 1-1-98.)
|
|
|
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| (235 ILCS 5/1-3.38 new) | 2 |
| Sec. 1-3.38. Beer and wine distributor. "Beer and wine | 3 |
| distributor" means any person, other than a manufacturer, | 4 |
| distributor,
or non-resident dealer licensed under this Act, | 5 |
| who is engaged in this
State in purchasing,
storing, | 6 |
| possessing, or warehousing any beer or wine for resale or
| 7 |
| reselling at wholesale, whether within or without this State.
| 8 |
| (235 ILCS 5/1-3.39 new)
| 9 |
| Sec. 1-3.39. Beer and wine importing distributor. "Beer and | 10 |
| wine importing distributor" means any person other than a
| 11 |
| non-resident dealer or importing distributor licensed under | 12 |
| this Act who
imports into this
State, from any point in the | 13 |
| United States outside this State, whether for
himself or for | 14 |
| another, any beer or wine for sale or resale or who imports | 15 |
| into this State, from any point in the
United States outside | 16 |
| this State, for consumption in any one calendar year,
more than | 17 |
| one gallon of beer and wine.
| 18 |
| (235 ILCS 5/3-12) (from Ch. 43, par. 108)
| 19 |
| Sec. 3-12. Powers and duties of State Commission.
| 20 |
| (a) The State commission shall have the following powers,
| 21 |
| functions and duties:
| 22 |
| (1) To receive applications and to issue licenses to | 23 |
| manufacturers,
foreign importers, importing distributors, | 24 |
| beer and wine importing distributors, beer and wine | 25 |
| distributors, distributors, non-resident dealers,
on | 26 |
| premise consumption retailers, off premise sale retailers, | 27 |
| special event
retailer licensees, special use permit | 28 |
| licenses, auction liquor licenses, brew
pubs, caterer | 29 |
| retailers, non-beverage users, railroads, including owners | 30 |
| and
lessees of sleeping, dining and cafe cars, airplanes, | 31 |
| boats,
brokers, and wine maker's premises licensees in | 32 |
| accordance
with the provisions of this Act, and to suspend | 33 |
| or revoke such licenses upon
the State commission's |
|
|
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| determination, upon notice after hearing, that a
licensee | 2 |
| has violated any provision of this Act or any rule or | 3 |
| regulation
issued pursuant thereto and in effect for 30 | 4 |
| days prior to such violation.
| 5 |
| In lieu of suspending or revoking a license, the | 6 |
| commission may impose
a fine, upon the State commission's | 7 |
| determination and notice after hearing,
that a licensee has | 8 |
| violated any provision of this Act or any rule or
| 9 |
| regulation issued pursuant thereto and in effect for 30 | 10 |
| days prior to such
violation. The fine imposed under this | 11 |
| paragraph may not exceed $500 for each
violation. Each day | 12 |
| that the activity, which gave rise to the original fine,
| 13 |
| continues is a separate violation. The maximum fine that | 14 |
| may be levied against
any licensee, for the period of the | 15 |
| license, shall not exceed $20,000.
The maximum penalty that | 16 |
| may be imposed on a licensee for selling a bottle of
| 17 |
| alcoholic liquor with a foreign object in it or serving | 18 |
| from a bottle of
alcoholic liquor with a foreign object in | 19 |
| it shall be the destruction of that
bottle of alcoholic | 20 |
| liquor for the first 10 bottles so sold or served from by
| 21 |
| the licensee. For the eleventh bottle of alcoholic liquor | 22 |
| and for each third
bottle thereafter sold or served from by | 23 |
| the licensee with a foreign object in
it, the maximum | 24 |
| penalty that may be imposed on the licensee is the | 25 |
| destruction
of the bottle of alcoholic liquor and a fine of | 26 |
| up to $50.
| 27 |
| (2) To adopt such rules and regulations consistent with | 28 |
| the
provisions of this Act which shall be necessary to | 29 |
| carry on its
functions and duties to the end that the | 30 |
| health, safety and welfare of
the People of the State of | 31 |
| Illinois shall be protected and temperance in
the | 32 |
| consumption of alcoholic liquors shall be fostered and | 33 |
| promoted and
to distribute copies of such rules and | 34 |
| regulations to all licensees
affected thereby.
| 35 |
| (3) To call upon other administrative departments of | 36 |
| the State,
county and municipal governments, county and |
|
|
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| city police departments and
upon prosecuting officers for | 2 |
| such information and assistance as it
deems necessary in | 3 |
| the performance of its duties.
| 4 |
| (4) To recommend to local commissioners rules and | 5 |
| regulations, not
inconsistent with the law, for the | 6 |
| distribution and sale of alcoholic
liquors throughout the | 7 |
| State.
| 8 |
| (5) To inspect, or cause to be inspected, any
premises | 9 |
| in this State
where alcoholic liquors are manufactured, | 10 |
| distributed, warehoused, or
sold.
| 11 |
| (5.1) Upon receipt of a complaint or upon having | 12 |
| knowledge that any person
is engaged in business as a | 13 |
| manufacturer, importing distributor, distributor, beer and | 14 |
| wine importing distributor, beer and wine distributor,
or | 15 |
| retailer without a license or valid license, to notify the | 16 |
| local liquor
authority, file a complaint with the State's | 17 |
| Attorney's Office of the county
where the incident | 18 |
| occurred, or initiate an investigation with the | 19 |
| appropriate
law enforcement officials.
| 20 |
| (5.2) To issue a cease and desist notice to persons | 21 |
| shipping alcoholic
liquor
into this State from a point | 22 |
| outside of this State if the shipment is in
violation of | 23 |
| this Act.
| 24 |
| (5.3) To receive complaints from licensees, local | 25 |
| officials, law
enforcement agencies, organizations, and | 26 |
| persons stating that any licensee has
been or is violating | 27 |
| any provision of this Act or the rules and regulations
| 28 |
| issued pursuant to this Act. Such complaints shall be in | 29 |
| writing, signed and
sworn to by the person making the | 30 |
| complaint, and shall state with specificity
the facts in | 31 |
| relation to the alleged violation. If the Commission has
| 32 |
| reasonable grounds to believe that the complaint | 33 |
| substantially alleges a
violation of this Act or rules and | 34 |
| regulations adopted pursuant to this Act, it
shall conduct | 35 |
| an investigation. If, after conducting an investigation, | 36 |
| the
Commission is satisfied that the alleged violation did |
|
|
|
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| occur, it shall proceed
with disciplinary action against | 2 |
| the licensee as provided in this Act.
| 3 |
| (6) To hear and determine appeals from orders of a | 4 |
| local commission
in accordance with the provisions of this | 5 |
| Act, as hereinafter set forth.
Hearings under this | 6 |
| subsection shall be held in Springfield or Chicago,
at | 7 |
| whichever location is the more convenient for the majority | 8 |
| of persons
who are parties to the hearing.
| 9 |
| (7) The commission shall establish uniform systems of | 10 |
| accounts to be
kept by all retail licensees having more | 11 |
| than 4 employees, and for this
purpose the commission may | 12 |
| classify all retail licensees having more
than 4 employees | 13 |
| and establish a uniform system of accounts for each
class | 14 |
| and prescribe the manner in which such accounts shall be | 15 |
| kept.
The commission may also prescribe the forms of | 16 |
| accounts to be kept by
all retail licensees having more | 17 |
| than 4 employees, including but not
limited to accounts of | 18 |
| earnings and expenses and any distribution,
payment, or | 19 |
| other distribution of earnings or assets, and any other
| 20 |
| forms, records and memoranda which in the judgment of the | 21 |
| commission may
be necessary or appropriate to carry out any | 22 |
| of the provisions of this
Act, including but not limited to | 23 |
| such forms, records and memoranda as
will readily and | 24 |
| accurately disclose at all times the beneficial
ownership | 25 |
| of such retail licensed business. The accounts, forms,
| 26 |
| records and memoranda shall be available at all reasonable | 27 |
| times for
inspection by authorized representatives of the | 28 |
| State commission or by
any local liquor control | 29 |
| commissioner or his or her authorized representative.
The | 30 |
| commission, may, from time to time, alter, amend or repeal, | 31 |
| in whole
or in part, any uniform system of accounts, or the | 32 |
| form and manner of
keeping accounts.
| 33 |
| (8) In the conduct of any hearing authorized to be held | 34 |
| by the
commission, to appoint, at the commission's | 35 |
| discretion, hearing officers
to conduct hearings involving | 36 |
| complex issues or issues that will require a
protracted |
|
|
|
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| period of time to resolve, to examine, or cause to be | 2 |
| examined,
under oath, any licensee, and to examine or cause | 3 |
| to be examined the books and
records
of such licensee; to | 4 |
| hear testimony and take proof material for its
information | 5 |
| in the discharge of its duties hereunder; to administer or
| 6 |
| cause to be administered oaths; for any such purpose to | 7 |
| issue
subpoena or subpoenas to require the attendance of | 8 |
| witnesses and the
production of books, which shall be | 9 |
| effective in any part of this State, and
to adopt rules to | 10 |
| implement its powers under this paragraph (8).
| 11 |
| Any Circuit Court may by order duly entered,
require | 12 |
| the attendance of witnesses and the production of relevant | 13 |
| books
subpoenaed by the State commission and the court may | 14 |
| compel
obedience to its order by proceedings for contempt.
| 15 |
| (9) To investigate the administration of laws in | 16 |
| relation to
alcoholic liquors in this and other states and | 17 |
| any foreign countries,
and to recommend from time to time | 18 |
| to the Governor and through him or
her to the legislature | 19 |
| of this State, such amendments to this Act, if any, as
it | 20 |
| may think desirable and as will serve to further the | 21 |
| general broad
purposes contained in Section 1-2 hereof.
| 22 |
| (10) To adopt such rules and regulations consistent | 23 |
| with the
provisions of this Act which shall be necessary | 24 |
| for the control, sale or
disposition of alcoholic liquor | 25 |
| damaged as a result of an accident, wreck,
flood, fire or | 26 |
| other similar occurrence.
| 27 |
| (11) To develop industry educational programs related | 28 |
| to responsible
serving and selling, particularly in the | 29 |
| areas of overserving consumers and
illegal underage | 30 |
| purchasing and consumption of alcoholic beverages.
| 31 |
| (11.1) To license persons providing education and | 32 |
| training to alcohol
beverage sellers and servers under the
| 33 |
| Beverage Alcohol Sellers and Servers
Education and | 34 |
| Training (BASSET) programs and to develop and administer a | 35 |
| public
awareness program in Illinois to reduce or eliminate | 36 |
| the illegal purchase and
consumption of alcoholic beverage |
|
|
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HB7032 |
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| products by persons under the age of 21.
Application for a | 2 |
| license shall be made on forms provided by the State
| 3 |
| Commission.
| 4 |
| (12) To develop and maintain a repository of license | 5 |
| and regulatory
information.
| 6 |
| (13) On or before January 15, 1994, the Commission | 7 |
| shall issue
a written report to the Governor and General | 8 |
| Assembly that is to be based on a
comprehensive study of | 9 |
| the impact on and implications for the State of Illinois
of | 10 |
| Section 1926 of the Federal ADAMHA Reorganization Act of | 11 |
| 1992 (Public Law
102-321). This study shall address the | 12 |
| extent to which Illinois currently
complies with the | 13 |
| provisions of P.L. 102-321 and the rules promulgated | 14 |
| pursuant
thereto.
| 15 |
| As part of its report, the Commission shall provide the | 16 |
| following essential
information:
| 17 |
| (i) the number of retail distributors of tobacco | 18 |
| products, by type and
geographic area, in the State;
| 19 |
| (ii) the number of reported citations and | 20 |
| successful convictions,
categorized by type and | 21 |
| location of retail distributor, for violation of the
| 22 |
| Sale of Tobacco to Minors Act and the Smokeless
Tobacco | 23 |
| Limitation Act;
| 24 |
| (iii) the extent and nature of organized | 25 |
| educational and governmental
activities that are | 26 |
| intended to promote, encourage or otherwise secure
| 27 |
| compliance with any Illinois laws that prohibit the | 28 |
| sale or distribution of
tobacco products to minors; and
| 29 |
| (iv) the level of access and availability of | 30 |
| tobacco products to
individuals under the age of 18.
| 31 |
| To obtain the data necessary to comply with the provisions | 32 |
| of P.L. 102-321
and the requirements of this report, the | 33 |
| Commission shall conduct random,
unannounced inspections of a | 34 |
| geographically and scientifically representative
sample of the | 35 |
| State's retail tobacco distributors.
| 36 |
| The Commission shall consult with the Department of Public |
|
|
|
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| 1 |
| Health, the
Department of Human Services, the
Illinois State | 2 |
| Police and any
other executive branch agency, and private | 3 |
| organizations that may have
information relevant to this | 4 |
| report.
| 5 |
| The Commission may contract with the Food and Drug | 6 |
| Administration of the
U.S. Department of Health and Human | 7 |
| Services to conduct unannounced
investigations of Illinois | 8 |
| tobacco vendors to determine compliance with federal
laws | 9 |
| relating to the illegal sale of cigarettes and smokeless | 10 |
| tobacco products
to persons under the age of 18.
| 11 |
| (b) On or before April 30, 1999, the Commission shall | 12 |
| present a written
report to the Governor and the General | 13 |
| Assembly that shall be based on a study
of the impact of this | 14 |
| amendatory Act of 1998 on the business of soliciting,
selling, | 15 |
| and shipping
alcoholic liquor from outside of this State | 16 |
| directly to residents of this
State.
| 17 |
| As part of its report, the Commission shall provide the | 18 |
| following
information:
| 19 |
| (i) the amount of State excise and sales tax revenues | 20 |
| generated as a
result of this amendatory Act of 1998;
| 21 |
| (ii) the amount of licensing fees received as a result | 22 |
| of this amendatory
Act of 1998;
| 23 |
| (iii) the number of reported violations, the number of | 24 |
| cease and desist
notices issued by the Commission, the | 25 |
| number of notices of violations issued
to the Department of | 26 |
| Revenue, and the number of notices and complaints of
| 27 |
| violations to law enforcement officials.
| 28 |
| (Source: P.A. 91-553, eff. 8-14-99; 91-922, eff. 7-7-00; | 29 |
| 92-378, eff.
8-16-01; 92-813, eff. 8-21-02.)
| 30 |
| (235 ILCS 5/3-14) (from Ch. 43, par. 109)
| 31 |
| Sec. 3-14. Issuance of license by Commission. Nothing | 32 |
| contained in this
Act shall, however, be construed to
permit | 33 |
| the State Commission to issue any license, other than
| 34 |
| manufacturer's, foreign importer's, importing distributor's, | 35 |
| beer and wine importing distributor's, non-resident
dealer's, |
|
|
|
HB7032 |
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| and
distributor's, beer and wine distributor's, broker's and | 2 |
| non-beverage user's license for any premises in any
prohibited | 3 |
| territory, or to issue any license other than manufacturer's,
| 4 |
| foreign importer's, importing distributor's, beer and wine | 5 |
| importing distributor's, non-resident dealer's,
distributor's, | 6 |
| beer and wine distributor's,
railroad's,
airplane's, boat's, | 7 |
| or broker's license, auction liquor license, or
non-beverage
| 8 |
| user's license, unless the
person applying for such license | 9 |
| shall have obtained a local license for
the same premises. When | 10 |
| such person has obtained a local license and has
made | 11 |
| application to the State Commission in conformity with this Act | 12 |
| and
paid the license fee provided, it shall be the duty of the | 13 |
| State Commission
to issue a retailer's license to him; | 14 |
| provided, however, that the State
Commission may refuse the | 15 |
| issuance or renewal of a retailer's license, upon
notice and | 16 |
| after hearing, upon the grounds authorized in Section 6-3
of | 17 |
| this Act, and, provided further, that the issuance of such
| 18 |
| license shall not prejudice the State Commission's action in | 19 |
| subsequently
suspending or revoking such license if it is | 20 |
| determined by the State
Commission, upon notice and after | 21 |
| hearing, that the licensee has, within
the same or the | 22 |
| preceding license period, violated any provision of this
Act or | 23 |
| any rule or regulation issued pursuant thereto and in effect | 24 |
| for 30
days prior to such violation.
The Commission may also | 25 |
| refuse to renew a license if the licensee has failed
to pay an | 26 |
| offer in compromise, pre-disciplinary settlement, or a fine | 27 |
| imposed
by order.
| 28 |
| (Source: P.A. 89-250, eff. 1-1-96.)
| 29 |
| (235 ILCS 5/4-4) (from Ch. 43, par. 112)
| 30 |
| Sec. 4-4. Each local liquor control commissioner shall also | 31 |
| have the
following powers, functions and duties with respect to | 32 |
| licenses, other than
licenses to manufacturers, importing | 33 |
| distributors, beer and wine importing distributors,
| 34 |
| distributors, beer and wine distributors, foreign
importers, | 35 |
| non-resident dealers, non-beverage users, brokers, railroads,
|
|
|
|
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| 1 |
| airplanes and boats.
| 2 |
| 1. To grant and or suspend for not more than thirty | 3 |
| days or revoke for
cause all local licenses issued to | 4 |
| persons for premises within his
jurisdiction;
| 5 |
| 2. To enter or to authorize any law enforcing officer | 6 |
| to enter at any
time upon any premises licensed hereunder | 7 |
| to determine whether any of the
provisions of this Act or | 8 |
| any rules or regulations adopted by him or by the
State | 9 |
| Commission have been or are being violated, and at such | 10 |
| time to
examine said premises of said licensee in | 11 |
| connection therewith;
| 12 |
| 3. To notify the Secretary of State where a club | 13 |
| incorporated under the
General Not for Profit Corporation | 14 |
| Act of 1986 or a foreign corporation
functioning
as a club | 15 |
| in this State under a certificate of authority issued under | 16 |
| that
Act has violated this Act by selling or offering for | 17 |
| sale at retail alcoholic
liquors without a retailer's | 18 |
| license;
| 19 |
| 4. To receive complaint from any citizen within his | 20 |
| jurisdiction that
any of the provisions of this Act, or any | 21 |
| rules or regulations adopted
pursuant hereto, have been or | 22 |
| are being violated and to act upon such
complaints in the | 23 |
| manner hereinafter provided;
| 24 |
| 5. To receive local license fees and pay the same | 25 |
| forthwith to the city,
village, town or county treasurer as | 26 |
| the case may be.
| 27 |
| Each local liquor commissioner also has the duty to notify
| 28 |
| the Secretary of State of any convictions for a violation of | 29 |
| Section 6-20 of
this Act or a similar provision of a local | 30 |
| ordinance.
| 31 |
| In counties and municipalities, the local liquor control
| 32 |
| commissioners shall also have the power to levy fines in | 33 |
| accordance with
Section 7-5 of this Act.
| 34 |
| (Source: P.A. 91-357, eff. 7-29-99; 92-804, eff. 1-1-03.)
| 35 |
| (235 ILCS 5/5-1) (from Ch. 43, par. 115)
|
|
|
|
HB7032 |
- 13 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| Sec. 5-1. Licenses issued by the Illinois Liquor Control | 2 |
| Commission
shall be of the following classes:
| 3 |
| (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 4 |
| Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 5 |
| Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | 6 |
| First Class Winemaker, Class 7. Second Class Winemaker, Class | 7 |
| 8.
Limited Wine Manufacturer,
| 8 |
| (b) Distributor's license,
| 9 |
| (b-1) Beer and Wine Distributor's license,
| 10 |
| (c) Importing Distributor's license,
| 11 |
| (c-1) Beer and Wine Importing Distributor's license,
| 12 |
| (d) Retailer's license,
| 13 |
| (e) Special Event Retailer's license (not-for-profit),
| 14 |
| (f) Railroad license,
| 15 |
| (g) Boat license,
| 16 |
| (h) Non-Beverage User's license,
| 17 |
| (i) Wine-maker's premises license,
| 18 |
| (j) Airplane license,
| 19 |
| (k) Foreign importer's license,
| 20 |
| (l) Broker's license,
| 21 |
| (m) Non-resident dealer's
license,
| 22 |
| (n) Brew Pub license,
| 23 |
| (o) Auction liquor license,
| 24 |
| (p) Caterer retailer license,
| 25 |
| (q) Special use permit license.
| 26 |
| No
person, firm, partnership, corporation, or other legal | 27 |
| business entity that is
engaged in the manufacturing of wine | 28 |
| may concurrently obtain and hold a
wine-maker's license and a | 29 |
| wine manufacturer's license.
| 30 |
| (a) A manufacturer's license shall allow the manufacture,
| 31 |
| importation in bulk, storage, distribution and sale of | 32 |
| alcoholic liquor
to persons without the State, as may be | 33 |
| permitted by law and to licensees
in this State as follows:
| 34 |
| Class 1. A Distiller may make sales and deliveries of | 35 |
| alcoholic liquor to
distillers, rectifiers, importing | 36 |
| distributors, distributors and
non-beverage users and may make |
|
|
|
HB7032 |
- 14 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| sales and deliveries of wine and beer to beer and wine | 2 |
| importing distributors and beer and wine distributors and to no | 3 |
| other licensees.
| 4 |
| Class 2. A Rectifier, who is not a distiller, as defined | 5 |
| herein, may make
sales and deliveries of alcoholic liquor to | 6 |
| rectifiers, importing distributors,
distributors, retailers | 7 |
| and non-beverage users and may make sales and deliveries of | 8 |
| wine and beer to beer and wine importing distributors and beer | 9 |
| and wine distributors and to no other licensees.
| 10 |
| Class 3. A Brewer may make sales and deliveries of beer to | 11 |
| importing
distributors, beer and wine importing distributors,
| 12 |
| distributors, beer and wine distributors, and to | 13 |
| non-licensees, and to
retailers provided the brewer obtains an | 14 |
| importing distributor's license , beer and wine importing | 15 |
| distributor's license,
or
distributor's license , or beer and | 16 |
| wine distributor's license in accordance with the provisions of | 17 |
| this Act.
| 18 |
| Class 4. A first class wine-manufacturer may make sales and | 19 |
| deliveries of
up to 50,000 gallons of wine to manufacturers,
| 20 |
| importing
distributors , beer and wine importing distributors,
| 21 |
| and distributors, and beer and wine distributors and to no | 22 |
| other 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 , beer and wine importing | 26 |
| distributors,
and distributors , and beer and wine distributors
| 27 |
| and to no other licensees.
| 28 |
| Class 6. A first-class wine-maker's license shall allow the | 29 |
| manufacture
of up to 50,000 gallons of wine per year, and the
| 30 |
| storage
and sale of such
wine to distributors and beer and wine | 31 |
| distributors in the State and to persons without the
State, as | 32 |
| may be permitted by law. A first-class wine-maker's license | 33 |
| shall
allow the sale of no more than 5,000
gallons of the | 34 |
| licensee's wine to retailers. The State Commission shall issue
| 35 |
| only one first-class wine-maker's license to any person, firm, | 36 |
| partnership,
corporation, or other legal business entity that |
|
|
|
HB7032 |
- 15 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| is engaged in the making of
less than 50,000 gallons of wine | 2 |
| annually that applies for a first-class
wine-maker's license. | 3 |
| No subsidiary or affiliate thereof, nor any officer,
associate, | 4 |
| member, partner, representative, employee, agent, or | 5 |
| shareholder may
be issued an additional wine-maker's license by | 6 |
| the State Commission.
| 7 |
| Class 7. A second-class wine-maker's license shall allow | 8 |
| the manufacture
of between 50,000 and 100,000 gallons of wine | 9 |
| per year, and
the
storage and sale of such wine
to distributors | 10 |
| and beer and wine distributors in this State and to persons | 11 |
| without the State, as may be
permitted by law. A second-class | 12 |
| wine-maker's license shall allow the sale
of
no more than | 13 |
| 10,000 gallons of the licensee's wine directly to retailers.
| 14 |
| The State Commission shall issue only one second-class | 15 |
| wine-maker's license
to any person, firm, partnership, | 16 |
| corporation, or other legal business entity
that is engaged in | 17 |
| the making of less than 100,000 gallons of wine annually
that | 18 |
| applies for a second-class wine-maker's license. No subsidiary | 19 |
| or
affiliate thereof, or any officer, associate, member, | 20 |
| partner, representative,
employee, agent, or shareholder may | 21 |
| be issued an additional wine-maker's
license by the State | 22 |
| Commission.
| 23 |
| Class 8. A limited wine-manufacturer may make sales and | 24 |
| deliveries not to
exceed 40,000 gallons of wine per year to | 25 |
| distributors , beer and wine distributors , and to
non-licensees | 26 |
| in accordance with the provisions of this Act.
| 27 |
| (a-1) A manufacturer which is licensed in this State to | 28 |
| make sales or
deliveries of alcoholic liquor and which enlists | 29 |
| agents, representatives, or
individuals acting on its behalf | 30 |
| who contact licensed retailers on a regular
and continual basis | 31 |
| in this State must register those agents, representatives,
or | 32 |
| persons acting on its behalf with the State Commission.
| 33 |
| Registration of agents, representatives, or persons acting | 34 |
| on behalf of a
manufacturer is fulfilled by submitting a form | 35 |
| to the Commission. The form
shall be developed by the | 36 |
| Commission and shall include the name and address of
the |
|
|
|
HB7032 |
- 16 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| applicant, the name and address of the manufacturer he or she | 2 |
| represents,
the territory or areas assigned to sell to or | 3 |
| discuss pricing terms of
alcoholic liquor, and any other | 4 |
| questions deemed appropriate and necessary.
All statements in | 5 |
| the forms required to be made by law or by rule shall be
deemed | 6 |
| material, and any person who knowingly misstates any material | 7 |
| fact under
oath in an application is guilty of a Class B | 8 |
| misdemeanor. Fraud,
misrepresentation, false statements, | 9 |
| misleading statements, evasions, or
suppression of material | 10 |
| facts in the securing of a registration are grounds for
| 11 |
| suspension or revocation of the registration.
| 12 |
| (b) A distributor's license shall allow the wholesale | 13 |
| purchase and storage
of alcoholic liquors and sale of alcoholic | 14 |
| liquors to licensees
in this State and to persons without the | 15 |
| State, as may be permitted by law.
| 16 |
| (b-1) A beer and wine distributor's license shall allow the | 17 |
| wholesale purchase and storage
of beer and wine and sale of | 18 |
| beer and wine to licensees
in this State and to persons without | 19 |
| the State, as may be permitted by law.
| 20 |
| (c) An importing distributor's license may be issued to and | 21 |
| held by
those only who are duly licensed distributors, upon the | 22 |
| filing of an
application by a duly licensed distributor, with | 23 |
| the Commission and
the Commission shall, without the
payment of | 24 |
| any fee, immediately issue such importing distributor's
| 25 |
| license to the applicant, which shall allow the importation of | 26 |
| alcoholic
liquor by the importing distributor's licensee into | 27 |
| this State from any point in the United
States outside this | 28 |
| State, and the purchase of alcoholic liquor in
barrels, casks | 29 |
| or other bulk containers and the bottling of such
alcoholic | 30 |
| liquors before resale thereof, but all bottles or containers
so | 31 |
| filled shall be sealed, labeled, stamped and otherwise made to | 32 |
| comply
with all provisions, rules and regulations governing | 33 |
| manufacturers in
the preparation and bottling of alcoholic | 34 |
| liquors. The importing
distributor's license shall permit such | 35 |
| licensee to purchase alcoholic
liquor from Illinois licensed | 36 |
| non-resident dealers and foreign importers only.
|
|
|
|
HB7032 |
- 17 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| (c-1) A beer and wine importing distributor's license may | 2 |
| be issued to and held by
only those who are duly licensed beer | 3 |
| and wine distributors, upon the filing of an
application by a | 4 |
| duly licensed beer and wine distributor, with the Commission; | 5 |
| and
the Commission shall, without the
payment of any fee, | 6 |
| immediately issue a beer and wine importing distributor's
| 7 |
| license to the applicant, which shall allow the importation of | 8 |
| beer and wine by the beer and wine distributor's licensee into | 9 |
| this State from any point in the United
States outside this | 10 |
| State, and the purchase of beer and wine in
barrels, casks, or | 11 |
| other bulk containers and the bottling of beer and wine before | 12 |
| its resale, but all bottles or containers
so filled shall be | 13 |
| sealed, labeled, stamped, and otherwise made to comply
with all | 14 |
| provisions, rules, and regulations governing manufacturers in
| 15 |
| the preparation and bottling of beer and wine. The beer and | 16 |
| wine importing
distributor's license shall permit the licensee | 17 |
| to purchase beer and wine from Illinois licensed non-resident | 18 |
| dealers and foreign importers only.
| 19 |
| (d) A retailer's license shall allow the licensee to sell | 20 |
| and offer
for sale at retail, only in the premises specified in | 21 |
| such license,
alcoholic liquor for use or consumption, but not | 22 |
| for resale in any form:
Provided that any retail license issued | 23 |
| to a manufacturer shall only
permit such manufacturer to sell | 24 |
| beer at retail on the premises actually
occupied by such | 25 |
| manufacturer.
| 26 |
| After January 1, 1995 there shall be 2 classes of licenses | 27 |
| issued under a
retailers license.
| 28 |
| (1) A "retailers on premise consumption license" shall | 29 |
| allow the licensee
to sell and offer for sale at retail, | 30 |
| only on the premises specified in the
license, alcoholic | 31 |
| liquor for use or consumption on the premises or on and off
| 32 |
| the premises, but not for resale in any form.
| 33 |
| (2) An "off premise sale license" shall allow the | 34 |
| licensee to sell, or
offer for sale at retail, alcoholic | 35 |
| liquor intended only for off premise
consumption and not | 36 |
| for resale in any form.
|
|
|
|
HB7032 |
- 18 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| Notwithstanding any other provision of this subsection | 2 |
| (d), a retail
licensee may sell alcoholic liquors to a special | 3 |
| event retailer licensee for
resale to the extent permitted | 4 |
| under subsection (e).
| 5 |
| (e) A special event retailer's license (not-for-profit) | 6 |
| shall permit the
licensee to purchase alcoholic liquors from an | 7 |
| Illinois licensed distributor or beer and wine distributor
| 8 |
| (unless the licensee purchases less than $500 of alcoholic | 9 |
| liquors for the
special event, in which case the licensee may | 10 |
| purchase the alcoholic liquors
from a licensed retailer) and | 11 |
| shall allow the licensee to sell and offer for
sale, at retail, | 12 |
| alcoholic liquors for use or consumption, but not for resale
in | 13 |
| any form and only at the location and on the specific dates | 14 |
| designated for
the special event in the license. An applicant | 15 |
| for a special event retailer
license must
(i) furnish with the | 16 |
| application: (A) a resale number issued under Section
2c of the | 17 |
| Retailers' Occupation Tax Act or evidence that the applicant is
| 18 |
| registered under Section 2a of the Retailers' Occupation Tax | 19 |
| Act, (B) a
current, valid exemption identification
number | 20 |
| issued under Section 1g of the Retailers' Occupation Tax Act, | 21 |
| and a
certification to the Commission that the purchase of | 22 |
| alcoholic liquors will be
a tax-exempt purchase, or (C) a | 23 |
| statement that the applicant is not registered
under Section 2a | 24 |
| of the Retailers' Occupation Tax Act, does not hold a resale
| 25 |
| number under Section 2c of the Retailers' Occupation Tax Act, | 26 |
| and does not
hold an exemption number under Section 1g of the | 27 |
| Retailers' Occupation Tax
Act, in which event the Commission | 28 |
| shall set forth on the special event
retailer's license a | 29 |
| statement to that effect; (ii) submit with the application | 30 |
| proof satisfactory to
the State Commission that the applicant | 31 |
| will provide dram shop liability
insurance in the maximum | 32 |
| limits; and (iii) show proof satisfactory to the
State | 33 |
| Commission that the applicant has obtained local authority
| 34 |
| approval.
| 35 |
| (f) A railroad license shall permit the licensee to import | 36 |
| alcoholic
liquors into this State from any point in the United |
|
|
|
HB7032 |
- 19 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| States outside this
State and to store such alcoholic liquors | 2 |
| in this State; to make wholesale
purchases of alcoholic liquors | 3 |
| directly from manufacturers, foreign
importers, distributors | 4 |
| and importing distributors from within or outside
this State; | 5 |
| to make wholesale purchases of beer and wine directly from beer | 6 |
| and wine distributors and beer and wine importing distributors | 7 |
| from within or outside this State; and to store such alcoholic | 8 |
| liquors in this State; provided
that the above powers may be | 9 |
| exercised only in connection with the
importation, purchase or | 10 |
| storage of alcoholic liquors to be sold or
dispensed on a club, | 11 |
| buffet, lounge or dining car operated on an electric,
gas or | 12 |
| steam railway in this State; and provided further, that | 13 |
| railroad
licensees exercising the above powers shall be subject | 14 |
| to all provisions of
Article VIII of this Act as applied to | 15 |
| importing distributors and beer and wine importing | 16 |
| distributors . A railroad
license shall also permit the licensee | 17 |
| to sell or dispense alcoholic
liquors on any club, buffet, | 18 |
| lounge or dining car operated on an electric,
gas or steam | 19 |
| railway regularly operated by a common carrier in this State,
| 20 |
| but shall not permit the sale for resale of any alcoholic | 21 |
| liquors to any
licensee within this State. A license shall be | 22 |
| obtained for each car in which
such sales are made.
| 23 |
| (g) A boat license shall allow the sale of alcoholic liquor | 24 |
| in
individual drinks, on any passenger boat regularly operated | 25 |
| as a common
carrier on navigable waters in this State or on any | 26 |
| riverboat operated
under
the Riverboat Gambling Act, which boat | 27 |
| or riverboat maintains a public
dining room or restaurant | 28 |
| thereon.
| 29 |
| (h) A non-beverage user's license shall allow the licensee | 30 |
| to
purchase alcoholic liquor from a licensed manufacturer or | 31 |
| importing
distributor, without the imposition of any tax upon | 32 |
| the business of such
licensed manufacturer or importing | 33 |
| distributor as to such alcoholic
liquor to be used by such | 34 |
| licensee solely for the non-beverage purposes
set forth in | 35 |
| subsection (a) of Section 8-1 of this Act , and
such licenses | 36 |
| shall be divided and classified and shall permit the
purchase, |
|
|
|
HB7032 |
- 20 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| possession and use of limited and stated quantities of
| 2 |
| 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
licensee | 9 |
| that concurrently holds a first-class wine-maker's license to | 10 |
| sell
and offer for sale at retail in the premises specified in | 11 |
| such license
not more than 50,000 gallons of the first-class | 12 |
| wine-maker's wine that is
made at the first-class wine-maker's | 13 |
| licensed premises per year for use or
consumption, but not for | 14 |
| resale in any form. A wine-maker's premises
license shall allow | 15 |
| a licensee who concurrently holds a second-class
wine-maker's | 16 |
| license to sell and offer for sale at retail in the premises
| 17 |
| specified in such license up to 100,000 gallons of the
| 18 |
| second-class wine-maker's wine that is made at the second-class | 19 |
| wine-maker's
licensed premises per year
for use or consumption | 20 |
| but not for resale in any form. Upon approval from the
State | 21 |
| Commission, a wine-maker's premises license
shall allow the | 22 |
| licensee to sell and offer for sale at (i) the wine-maker's
| 23 |
| licensed premises and (ii) at up to 2 additional locations for | 24 |
| use and
consumption and not for resale. Each location shall | 25 |
| require additional
licensing per location as specified in | 26 |
| Section 5-3 of this Act.
| 27 |
| (j) An airplane license shall permit the licensee to import
| 28 |
| alcoholic liquors into this State from any point in the United | 29 |
| States
outside this State and to store such alcoholic liquors | 30 |
| in this State; to
make wholesale purchases of alcoholic liquors | 31 |
| directly from
manufacturers, foreign importers, distributors | 32 |
| and importing
distributors from within or outside this State; | 33 |
| to make wholesale purchases of beer and wine directly from beer | 34 |
| and wine distributors and beer and wine importing distributors
| 35 |
| and to store such
alcoholic liquors in this State; provided | 36 |
| that the above powers may be
exercised only in connection with |
|
|
|
HB7032 |
- 21 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| the importation, purchase or storage
of alcoholic liquors to be | 2 |
| sold or dispensed on an airplane; and
provided further, that | 3 |
| airplane licensees exercising the above powers
shall be subject | 4 |
| to all provisions of Article VIII of this Act as
applied to | 5 |
| importing distributors and beer and wine importing | 6 |
| distributors . An airplane licensee shall also
permit the sale | 7 |
| or dispensing of alcoholic liquors on any passenger
airplane | 8 |
| regularly operated by a common carrier in this State, but shall
| 9 |
| not permit the sale for resale of any alcoholic liquors to any | 10 |
| licensee
within this State. A single airplane license shall be | 11 |
| required of an
airline company if liquor service is provided on | 12 |
| board aircraft in this
State. The annual fee for such license | 13 |
| shall be as determined in
Section 5-3.
| 14 |
| (k) A foreign importer's license shall permit such licensee | 15 |
| to purchase
alcoholic liquor from Illinois licensed | 16 |
| non-resident dealers only, and to
import alcoholic liquor other | 17 |
| than in bulk from any point outside the
United States and to | 18 |
| sell such alcoholic liquor to Illinois licensed
importing | 19 |
| distributors and beer and wine importing distributors and to no | 20 |
| one else in Illinois;
provided that the foreign importer | 21 |
| registers with the State Commission
every
brand of
alcoholic | 22 |
| liquor that it proposes to sell to Illinois licensees during | 23 |
| the
license period and
provided further that the foreign | 24 |
| importer complies with all of the provisions
of Section
6-9 of | 25 |
| this Act with respect to registration of such Illinois | 26 |
| licensees as may
be granted the
right to sell such brands at | 27 |
| wholesale.
| 28 |
| (l) (i) A broker's license shall be required of all persons
| 29 |
| who solicit
orders for, offer to sell or offer to supply | 30 |
| alcoholic liquor to
retailers in the State of Illinois, or who | 31 |
| offer to retailers to ship or
cause to be shipped or to make | 32 |
| contact with distillers, rectifiers,
brewers or manufacturers | 33 |
| or any other party within or without the State
of Illinois in | 34 |
| order that alcoholic liquors be shipped to a distributor,
| 35 |
| importing distributor , beer and wine importing distributor, | 36 |
| beer and wine distributor, or foreign importer, whether such |
|
|
|
HB7032 |
- 22 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| solicitation or
offer is consummated within or without the | 2 |
| State of Illinois.
| 3 |
| No holder of a retailer's license issued by the Illinois | 4 |
| Liquor
Control Commission shall purchase or receive any | 5 |
| alcoholic liquor, the
order for which was solicited or offered | 6 |
| for sale to such retailer by a
broker unless the broker is the | 7 |
| holder of a valid broker's license.
| 8 |
| The broker shall, upon the acceptance by a retailer of the | 9 |
| broker's
solicitation of an order or offer to sell or supply or | 10 |
| deliver or have
delivered alcoholic liquors, promptly forward | 11 |
| to the Illinois Liquor
Control Commission a notification of | 12 |
| said transaction in such form as
the Commission may by | 13 |
| regulations prescribe.
| 14 |
| (ii) A broker's license shall be required of
a person | 15 |
| within this State, other than a retail licensee,
who, for a fee | 16 |
| or commission, promotes, solicits, or accepts orders for
| 17 |
| alcoholic liquor, for use or consumption and not for
resale, to | 18 |
| be shipped from this State and delivered to residents outside | 19 |
| of
this State by an express company, common carrier, or | 20 |
| contract carrier.
This Section does not apply to any person who | 21 |
| promotes, solicits, or accepts
orders for wine as specifically | 22 |
| authorized in Section 6-29 of this Act.
| 23 |
| A broker's license under this subsection (1) shall not | 24 |
| entitle the holder to
buy or sell any
alcoholic liquors for his | 25 |
| own account or to take or deliver title to
such alcoholic | 26 |
| liquors.
| 27 |
| This subsection (1) shall not apply to distributors, beer | 28 |
| and wine importing distributors, employees of
distributors or | 29 |
| beer and wine importing distributors , or employees of a | 30 |
| manufacturer who has registered the
trademark, brand or name of | 31 |
| the alcoholic liquor pursuant to Section 6-9
of this Act, and | 32 |
| who regularly sells such alcoholic liquor
in the State of | 33 |
| Illinois only to its registrants thereunder.
| 34 |
| Any agent, representative, or person subject to | 35 |
| registration pursuant to
subsection (a-1) of this Section shall | 36 |
| not be eligible to receive a broker's
license.
|
|
|
|
HB7032 |
- 23 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| (m) A non-resident dealer's license shall permit such | 2 |
| licensee to ship
into and warehouse alcoholic liquor into this | 3 |
| State from any point
outside of this State, and to sell such | 4 |
| alcoholic liquor to Illinois licensed
foreign importers ,
and
| 5 |
| importing distributors , beer and wine importing distributors
| 6 |
| and to no one else in this State;
provided that said | 7 |
| non-resident dealer shall register with the Illinois Liquor
| 8 |
| Control Commission each and every brand of alcoholic liquor | 9 |
| which it proposes
to sell to Illinois licensees during the | 10 |
| license period; and further provided
that it shall comply with | 11 |
| all of the provisions of Section 6-9 hereof with
respect to | 12 |
| registration of such Illinois licensees as may be granted the | 13 |
| right
to sell such brands at wholesale.
| 14 |
| (n) A brew pub license shall allow the licensee to | 15 |
| manufacture beer only
on the premises specified in the license, | 16 |
| to make sales of the
beer manufactured on the premises to | 17 |
| importing distributors, beer and wine importing distributors,
| 18 |
| distributors, beer and wine distributors,
and to non-licensees | 19 |
| for use and consumption, to store the beer upon
the premises, | 20 |
| and to sell and offer for sale at retail from the licensed
| 21 |
| premises, provided that a brew pub licensee shall not sell for | 22 |
| off-premises
consumption more than 50,000 gallons per year.
| 23 |
| (o) A caterer retailer license shall allow the holder
to | 24 |
| serve alcoholic liquors as an incidental part of a food service | 25 |
| that serves
prepared meals which excludes the serving of snacks | 26 |
| as
the primary meal, either on or off-site whether licensed or | 27 |
| unlicensed.
| 28 |
| (p) An auction liquor license shall allow the licensee to | 29 |
| sell and offer
for sale at auction wine and spirits for use or | 30 |
| consumption, or for resale by
an Illinois liquor licensee in | 31 |
| accordance with provisions of this Act. An
auction liquor | 32 |
| license will be issued to a person and it will permit the
| 33 |
| auction liquor licensee to hold the auction anywhere in the | 34 |
| State. An auction
liquor license must be obtained for each | 35 |
| auction at least 14 days in advance of
the auction date.
| 36 |
| (q) A special use permit license shall allow an Illinois |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| licensed
retailer to transfer a portion of its alcoholic liquor | 2 |
| inventory from its
retail licensed premises to the premises | 3 |
| specified in the license hereby
created, and to sell or offer | 4 |
| for sale at retail, only in the premises
specified in the | 5 |
| license hereby created, the transferred alcoholic liquor for
| 6 |
| use or consumption, but not for resale in any form. A special | 7 |
| use permit
license may be granted for the following time | 8 |
| periods: one day or less; 2 or
more days to a maximum of 15 days | 9 |
| per location in any 12 month period. An
applicant for the | 10 |
| special use permit license must also submit with the
| 11 |
| application proof satisfactory to the State Commission that the | 12 |
| applicant will
provide dram shop liability insurance to the | 13 |
| maximum limits and have local
authority approval.
| 14 |
| (Source: P.A. 91-357, eff. 7-29-99; 92-105, eff. 1-1-02; | 15 |
| 92-378, eff.
8-16-01; 92-651, eff. 7-11-02; 92-672, eff. | 16 |
| 7-16-02.)
| 17 |
| (235 ILCS 5/5-3) (from Ch. 43, par. 118)
| 18 |
| Sec. 5-3. License fees. Except as otherwise provided | 19 |
| herein, at the time
application is made to the State Commission | 20 |
| for a license of any class, the
applicant shall pay to the | 21 |
| State Commission the fee hereinafter provided for
the kind of | 22 |
| license applied for.
| 23 |
| The fee for licenses issued by the State Commission shall | 24 |
| be as follows:
| 25 |
| For a manufacturer's license:
|
|
26 | | Class 1. Distiller ............................. | $3,600 | |
27 | | Class 2. Rectifier ............................. | 3,600 | |
28 | | Class 3. Brewer ................................ | 900 | |
29 | | Class 4. First-class Wine Manufacturer ......... | 600 | |
30 | | Class 5. Second-class | | |
31 | | Wine Manufacturer .......................... | 1,200 | |
32 | | Class 6. First-class wine-maker ................ | 600 | |
33 | | Class 7. Second-class wine-maker ............... | 1200 | |
34 | | Class 8. Limited Wine Manufacturer .............. | 120 | |
35 | | For a Brew Pub License ......................... | 1,050 | |
|
|
|
|
HB7032 |
- 25 - |
LRB093 18566 LRD 44287 b |
|
|
1 | | For a caterer retailer's license ................ | 200 | |
2 | | For a foreign importer's license ............... | 25 | |
3 | | For an importing distributor's license ......... | 25 |
|
4 | | For a beer and wine importing |
|
|
5 | | distributor's license .....................
| 25 | |
6 | | For a distributor's license .................... | 270 |
|
7 | | For a beer and wine |
|
|
8 | | distributor's license .....................
| 250 | |
9 | | For a non-resident dealer's license | | |
10 | | (500,000 gallons or over) .................. | 270 | |
11 | | For a non-resident dealer's license | | |
12 | | (under 500,000 gallons) .................... | 90 | |
13 | | For a wine-maker's premises license ............ | 100 | |
14 | | For a wine-maker's premises license, | | |
15 | | second location ............................ | 350 | |
16 | | For a wine-maker's premises license, | | |
17 | | third location ............................. | 350 | |
18 | | For a retailer's license ....................... | 500 | |
19 | | For a special event retailer's license, | | |
20 | | (not-for-profit) ........................... | 25 | |
21 | | For a special use permit license, | | |
22 | | one day only ............................... | 50 | |
23 | | 2 days or more ............................. | 100 | |
24 | | For a railroad license ......................... | 60 | |
25 | | For a boat license ............................. | 180 | |
26 | | For an airplane license, times the | | |
27 | | licensee's maximum number of aircraft | | |
28 | | in flight, serving liquor over the | | |
29 | | State at any given time, which either | | |
30 | | originate, terminate, or make | | |
31 | | an intermediate stop in the State .......... | 60 | |
32 | | For a non-beverage user's license: | | |
33 | | Class 1 .................................... | 24 | |
34 | | Class 2 .................................... | 60 | |
35 | | Class 3 .................................... | 120 | |
36 | | Class 4 .................................... | 240 | |
|
|
|
|
HB7032 |
- 26 - |
LRB093 18566 LRD 44287 b |
|
|
1 | | Class 5 .................................... | 600 | |
2 | | For a broker's license ......................... | 600 | |
3 | | For an auction liquor license .................. | 50 |
| 4 |
| Fees collected under this Section shall be paid into the
| 5 |
| Dram Shop Fund. On and after July 1, 2003, of the funds | 6 |
| received for a
retailer's license, in
addition to the
first | 7 |
| $175, an additional $75 shall be paid into the Dram Shop Fund, | 8 |
| and $250
shall be
paid into the General Revenue Fund. Beginning | 9 |
| June 30, 1990 and on June 30
of each
subsequent year through | 10 |
| June 29, 2003, any balance over $5,000,000
remaining in the | 11 |
| Dram Shop Fund
shall be credited to State liquor licensees and | 12 |
| applied against their fees for
State liquor licenses for the | 13 |
| following year. The amount credited to each
licensee shall be a | 14 |
| proportion of the balance in the Dram Fund that is the
same as | 15 |
| the proportion of the license fee paid by the licensee under
| 16 |
| this Section for the period in which the balance was | 17 |
| accumulated to the
aggregate fees paid by all licensees during | 18 |
| that period.
| 19 |
| No fee shall be paid for licenses issued by the State | 20 |
| Commission to
the following non-beverage users:
| 21 |
| (a) Hospitals, sanitariums, or clinics when their use | 22 |
| of alcoholic
liquor is exclusively medicinal, mechanical | 23 |
| or scientific.
| 24 |
| (b) Universities, colleges of learning or schools when | 25 |
| their use of
alcoholic liquor is exclusively medicinal, | 26 |
| mechanical or scientific.
| 27 |
| (c) Laboratories when their use is exclusively for the | 28 |
| purpose of
scientific research.
| 29 |
| (Source: P.A. 92-378, eff.
8-16-01; 93-22, eff. 6-20-03 .)
| 30 |
| (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| 31 |
| Sec. 6-4. (a) No person licensed by any licensing authority | 32 |
| as a
distiller, or a wine manufacturer, or any subsidiary or | 33 |
| affiliate
thereof, or any officer, associate, member, partner, | 34 |
| representative,
employee, agent or shareholder owning more | 35 |
| than 5% of the outstanding
shares of such person shall be |
|
|
|
HB7032 |
- 27 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| issued an importing distributor's , beer and wine importing | 2 |
| distributor's,
or
distributor's , or beer and wine | 3 |
| distributor's license, nor shall any person licensed by any | 4 |
| licensing
authority as an importing distributor, beer and wine | 5 |
| importing distributor, distributor , beer and wine distributor,
| 6 |
| or retailer, or any
subsidiary or affiliate thereof, or any | 7 |
| officer or associate, member,
partner, representative, | 8 |
| employee, agent or shareholder owning more than
5% of the | 9 |
| outstanding shares of such person be issued a distiller's
| 10 |
| license or a wine manufacturer's license; and no person or | 11 |
| persons
licensed as a distiller by any licensing authority | 12 |
| shall have any
interest, directly or indirectly, with such | 13 |
| distributor , beer and wine importing distributor,
or importing
| 14 |
| distributor , or beer and wine distributor .
| 15 |
| However, an importing distributor or distributor, which on | 16 |
| January
1, 1985 is owned by a brewer, or any subsidiary or | 17 |
| affiliate thereof or any
officer, associate, member, partner, | 18 |
| representative, employee, agent or
shareholder owning more | 19 |
| than 5% of the outstanding shares of the importing
distributor | 20 |
| or distributor referred to in this paragraph, may own or
| 21 |
| acquire an ownership interest of more than 5% of the | 22 |
| outstanding shares of
a wine manufacturer and be issued a wine
| 23 |
| manufacturer's license by any licensing authority.
| 24 |
| (b) The foregoing provisions shall not apply to any person | 25 |
| licensed
by any licensing authority as a distiller or wine | 26 |
| manufacturer, or to
any subsidiary or affiliate of any | 27 |
| distiller or wine manufacturer who
shall have been heretofore | 28 |
| licensed by the State Commission as either an
importing | 29 |
| distributor or distributor during the annual licensing period
| 30 |
| expiring June 30, 1947, and shall actually have made sales | 31 |
| regularly to
retailers.
| 32 |
| (c) Provided, however, that in such instances where a | 33 |
| distributor's
or importing distributor's license has been | 34 |
| issued to any distiller or
wine manufacturer or to any | 35 |
| subsidiary or affiliate of any distiller or
wine manufacturer | 36 |
| who has, during the licensing period ending June 30,
1947, sold |
|
|
|
HB7032 |
- 28 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| or distributed as such licensed distributor or importing
| 2 |
| distributor alcoholic liquors and wines to retailers, such | 3 |
| distiller or
wine manufacturer or any subsidiary or affiliate | 4 |
| of any distiller or
wine manufacturer holding such | 5 |
| distributor's or importing distributor's
license may continue | 6 |
| to sell or distribute to retailers such alcoholic
liquors and | 7 |
| wines which are manufactured, distilled, processed or
marketed | 8 |
| by distillers and wine manufacturers whose products it sold or
| 9 |
| distributed to retailers during the whole or any part of its | 10 |
| licensing
periods; and such additional brands and additional | 11 |
| products may be added
to the line of such distributor or | 12 |
| importing distributor, provided, that
such brands and such | 13 |
| products were not sold or distributed by any
distributor or | 14 |
| importing distributor licensed by the State Commission
during | 15 |
| the licensing period ending June 30, 1947, but can not sell or
| 16 |
| distribute to retailers any other alcoholic liquors or wines.
| 17 |
| (d) It shall be unlawful for any distiller licensed | 18 |
| anywhere to have
any stock ownership or interest in any | 19 |
| distributor's or importing
distributor's license wherein any | 20 |
| other person has an interest therein
who is not a distiller and | 21 |
| does not own more than 5% of any stock in any
distillery. | 22 |
| Nothing herein contained shall apply to such distillers or
| 23 |
| their subsidiaries or affiliates, who had a distributor's or | 24 |
| importing
distributor's license during the licensing period | 25 |
| ending June 30, 1947,
which license was owned in whole by such | 26 |
| distiller, or subsidiaries or
affiliates of such distiller.
| 27 |
| (e) Any person having been licensed as a manufacturer shall | 28 |
| be
permitted to receive one retailer's license for the premises | 29 |
| in which he
actually conducts such business, permitting the | 30 |
| sale of beer only on
such premises, but no such person shall be | 31 |
| entitled to more than one
retailer's license in any event, and, | 32 |
| other than a manufacturer of beer
as stated above, no | 33 |
| manufacturer or distributor , beer and wine distributor,
or
| 34 |
| importing
distributor, or beer and wine importing distributor,
| 35 |
| excluding airplane licensees exercising powers provided in
| 36 |
| paragraph (i) of Section 5-1 of this Act, or any subsidiary or |
|
|
|
HB7032 |
- 29 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| affiliate
thereof, or any officer,
associate, member, partner, | 2 |
| representative, employee or agent, or
shareholder shall be | 3 |
| issued a retailer's license, nor shall any person
having a | 4 |
| retailer's license, excluding airplane licensees exercising | 5 |
| powers
provided in paragraph (i) of Section 5-1 of this
Act, or | 6 |
| any subsidiary or affiliate thereof, or
any officer, associate, | 7 |
| member, partner, representative or agent, or
shareholder be | 8 |
| issued a manufacturer's license, importing distributor's
| 9 |
| license , or beer and wine importing distributor's license .
| 10 |
| (f) However, the foregoing prohibitions against any person | 11 |
| licensed as
a distiller or wine manufacturer being issued a | 12 |
| retailer's license shall not apply:
| 13 |
| (i) to any hotel, motel or restaurant whose principal | 14 |
| business is not
the sale of alcoholic liquors if said | 15 |
| retailer's sales of any alcoholic
liquors manufactured, | 16 |
| sold, distributed or controlled, directly or
indirectly, | 17 |
| by any affiliate, subsidiary, officer, associate, member,
| 18 |
| partner, representative, employee, agent or shareholder | 19 |
| owning more than 5%
of the outstanding shares of such | 20 |
| person does not exceed
10% of the total alcoholic liquor | 21 |
| sales of said retail licensee; and
| 22 |
| (ii) where the Commission determines, having | 23 |
| considered the public
welfare, the economic impact upon the | 24 |
| State and the entirety of the facts
and circumstances | 25 |
| involved, that the purpose and intent of this Section
would | 26 |
| not be violated by granting an exemption.
| 27 |
| (g) Notwithstanding any of the foregoing prohibitions, a | 28 |
| limited wine
manufacturer may sell at retail at its | 29 |
| manufacturing site for on or off
premises consumption and may | 30 |
| sell to distributors and beer and wine distributors .
| 31 |
| (Source: P.A. 86-858.)
| 32 |
| (235 ILCS 5/6-5) (from Ch. 43, par. 122)
| 33 |
| Sec. 6-5. Except as otherwise provided in this Section, it | 34 |
| is unlawful
for any person having a retailer's license or
any | 35 |
| officer, associate, member, representative or agent of such |
|
|
|
HB7032 |
- 30 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| licensee
to accept, receive or borrow money, or anything else | 2 |
| of value, or accept
or receive credit (other than merchandising | 3 |
| credit in the ordinary
course of business for a period not to | 4 |
| exceed 30 days) directly or
indirectly from any manufacturer, | 5 |
| importing distributor , beer and wine importing distributor,
or
| 6 |
| distributor , or beer and wine distributor of alcoholic liquor, | 7 |
| or from any person connected with or in any way
representing, | 8 |
| or from any member of the family of, such manufacturer,
| 9 |
| importing distributor, beer and wine importing distributor,
| 10 |
| distributor , beer and wine distributor, or wholesaler, or from | 11 |
| any
stockholders in any corporation engaged in manufacturing, | 12 |
| distributing
or wholesaling of such liquor, or from any | 13 |
| officer, manager, agent or
representative of said | 14 |
| manufacturer. Except as provided below, it is
unlawful for any | 15 |
| manufacturer ,
or distributor , beer and wine distributor,
or
| 16 |
| importing distributor , or beer and wine importing distributor
| 17 |
| to give or lend money or
anything of value, or otherwise loan | 18 |
| or extend credit (except such
merchandising credit) directly or | 19 |
| indirectly to any retail licensee or
to the manager, | 20 |
| representative, agent, officer or director of such
licensee. A | 21 |
| manufacturer, distributor , beer and wine distributor,
or
| 22 |
| importing distributor , or beer and wine importing distributor
| 23 |
| may furnish
free advertising, posters,
signs, brochures, | 24 |
| hand-outs, or other promotional devices or materials to
any | 25 |
| unit of government owning or operating any auditorium, | 26 |
| exhibition hall,
recreation facility or other similar facility | 27 |
| holding a retailer's license,
provided that the primary purpose | 28 |
| of such promotional devices or materials
is to promote public | 29 |
| events being held at such facility. A unit of government
owning | 30 |
| or operating such a facility holding a retailer's license may | 31 |
| accept
such promotional devices or materials designed | 32 |
| primarily to promote public
events held at the facility. No | 33 |
| retail licensee delinquent beyond the
30 day period specified | 34 |
| in this Section shall
solicit, accept or receive credit, | 35 |
| purchase or acquire alcoholic
liquors, directly or indirectly | 36 |
| from any other licensee, and no
manufacturer, distributor , beer |
|
|
|
HB7032 |
- 31 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| and wine distributor,
or importing distributor , or beer and | 2 |
| wine importing distributor shall knowingly grant
or extend | 3 |
| credit, sell, furnish or supply alcoholic liquors to any such
| 4 |
| delinquent retail licensee; provided that the purchase price of | 5 |
| all beer
sold to a retail licensee shall be paid by the retail | 6 |
| licensee in cash
on or before delivery of the beer, and unless | 7 |
| the purchase price payable
by a retail licensee for beer sold | 8 |
| to him in returnable bottles shall
expressly include a charge | 9 |
| for the bottles and cases, the retail
licensee shall, on or | 10 |
| before delivery of such beer, pay the seller in
cash a deposit | 11 |
| in an amount not less than the deposit required to be
paid by | 12 |
| the distributor or beer and wine distributor to the brewer; but | 13 |
| where the brewer sells direct
to the retailer, the deposit | 14 |
| shall be an amount no less than that
required by the brewer | 15 |
| from his own distributors or beer and wine distributors ; and | 16 |
| provided further,
that in no instance shall this deposit be | 17 |
| less than 50 cents for each
case of beer in pint or smaller | 18 |
| bottles and 60 cents for each case of
beer in quart or | 19 |
| half-gallon bottles; and provided further, that the
purchase | 20 |
| price of all beer sold to an importing distributor , beer and | 21 |
| wine importing distributor,
or
distributor , or beer and wine | 22 |
| distributor shall be paid by such importing distributor , beer | 23 |
| and wine importing distributor,
or distributor , or beer and | 24 |
| wine distributor
in cash on or before the 15th day (Sundays and | 25 |
| holidays excepted) after
delivery of such beer to such | 26 |
| purchaser; and unless the purchase price
payable by such | 27 |
| importing distributor , beer and wine importing distributor,
or
| 28 |
| distributor , or beer and wine distributor for beer sold in
| 29 |
| returnable bottles and cases shall expressly include a charge | 30 |
| for the
bottles and cases, such importing distributor , beer and | 31 |
| wine importing distributor,
or distributor , or beer and wine | 32 |
| distributor shall, on
or before the 15th day (Sundays and | 33 |
| holidays excepted) after delivery of
such beer to such | 34 |
| purchaser, pay the seller in cash a required amount as
a | 35 |
| deposit to assure the return of such bottles and cases. Nothing | 36 |
| herein
contained shall prohibit any licensee from crediting or |
|
|
|
HB7032 |
- 32 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| refunding to a
purchaser the actual amount of money paid for | 2 |
| bottles, cases, kegs or
barrels returned by the purchaser to | 3 |
| the seller or paid by the purchaser
as a deposit on bottles, | 4 |
| cases, kegs or barrels, when such containers or
packages are | 5 |
| returned to the seller. Nothing herein contained shall
prohibit | 6 |
| any manufacturer, importing distributor , beer and wine | 7 |
| importing distributor,
or distributor , or beer and wine | 8 |
| distributor from
extending usual and customary credit for | 9 |
| alcoholic liquor sold to
customers or purchasers who live in or | 10 |
| maintain places of business
outside of this State when such | 11 |
| alcoholic liquor is actually transported
and delivered to such | 12 |
| points outside of this State.
| 13 |
| No right of action shall exist for the collection of any | 14 |
| claim based
upon credit extended to a distributor, beer and | 15 |
| wine distributor, importing distributor , beer and wine | 16 |
| importing distributor, or retail
licensee contrary to the | 17 |
| provisions of this Section.
| 18 |
| Every manufacturer, importing distributor , beer and wine | 19 |
| importing distributor,
and distributor , and beer and wine | 20 |
| distributor shall
submit or cause to be submitted, to the State | 21 |
| Commission, in triplicate,
not later than Thursday of each | 22 |
| calendar week, a verified written list
of the names and | 23 |
| respective addresses of each retail licensee purchasing
| 24 |
| spirits or wine from such manufacturer, importing distributor , | 25 |
| beer and wine importing distributor,
or
distributor , or beer | 26 |
| and wine distributor who, on the first business day of that | 27 |
| calendar week, was
delinquent beyond the above mentioned | 28 |
| permissible merchandising credit
period of 30 days; or, if such | 29 |
| is the fact, a verified written statement
that no retail | 30 |
| licensee purchasing spirits or wine was then delinquent
beyond | 31 |
| such permissible merchandising credit period of 30 days.
| 32 |
| Every manufacturer, importing distributor , beer and wine | 33 |
| importing distributor,
and distributor , and beer and wine | 34 |
| distributor shall
submit or cause to be submitted, to the State | 35 |
| Commission, in triplicate,
a verified written list of the names | 36 |
| and respective addresses of each
previously reported |
|
|
|
HB7032 |
- 33 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| delinquent retail licensee who has cured such
delinquency by | 2 |
| payment, which list shall be submitted not later than the
close | 3 |
| of the second full business day following the day such | 4 |
| delinquency
was so cured.
| 5 |
| Such written verified reports required to be submitted by | 6 |
| this
Section shall be posted by the State Commission in each of | 7 |
| its offices
in places available for public inspection not later | 8 |
| than the day
following receipt thereof by the Commission. The | 9 |
| reports so posted shall
constitute notice to every | 10 |
| manufacturer, importing distributor , beer and wine importing | 11 |
| distributor,
and
distributor , and beer and wine distributor of | 12 |
| the information contained therein. Actual notice to
| 13 |
| manufacturers, importing distributors , beer and wine importing | 14 |
| distributors,
and distributors , and beer and wine distributors
| 15 |
| of the
information contained in any such posted reports, | 16 |
| however received,
shall also constitute notice of such | 17 |
| information.
| 18 |
| The 30 day merchandising credit period allowed by this | 19 |
| Section shall
commence with the day immediately following the | 20 |
| date of invoice and
shall include all successive days including | 21 |
| Sundays and holidays to and
including the 30th successive day.
| 22 |
| In addition to other methods allowed by law, payment by | 23 |
| check during
the period for which merchandising credit may be | 24 |
| extended under the
provisions of this Section shall be | 25 |
| considered payment. All checks
received in payment for | 26 |
| alcoholic liquor shall be promptly deposited for
collection. A | 27 |
| post dated check or a check dishonored on presentation for
| 28 |
| payment shall not be deemed payment.
| 29 |
| A retail licensee shall not be deemed to be delinquent in | 30 |
| payment for
any alleged sale to him of alcoholic liquor when | 31 |
| there exists a bona fide
dispute between such retailer and a | 32 |
| manufacturer, importing distributor , beer and wine importing | 33 |
| distributor,
or distributor , or beer and wine distributor with | 34 |
| respect to the amount of indebtedness existing
because of such | 35 |
| alleged sale.
| 36 |
| A delinquent retail licensee who engages in the retail |
|
|
|
HB7032 |
- 34 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| liquor
business at 2 or more locations shall be deemed to be | 2 |
| delinquent with
respect to each such location.
| 3 |
| The license of any person who violates any provision of | 4 |
| this Section
shall be subject to suspension or revocation in | 5 |
| the manner provided by
this Act.
| 6 |
| If any part or provision of this Article or the application | 7 |
| thereof
to any person or circumstances shall be adjudged | 8 |
| invalid by a court of
competent jurisdiction, such judgment | 9 |
| shall be confined by its operation
to the controversy in which | 10 |
| it was mentioned and shall not affect or
invalidate the | 11 |
| remainder of this Article or the application thereof to
any | 12 |
| other person or circumstance and to this and the provisions of | 13 |
| this
Article are declared severable.
| 14 |
| (Source: P.A. 83-762.)
| 15 |
| (235 ILCS 5/6-6) (from Ch. 43, par. 123)
| 16 |
| Sec. 6-6. Except as otherwise provided in this Act no | 17 |
| manufacturer ,
or
distributor , beer and wine distributor,
or
| 18 |
| importing distributor , or beer and wine importing distributor
| 19 |
| shall, directly, or indirectly,
sell, supply, furnish, give or | 20 |
| pay for, or loan or lease, any
furnishing, fixture or equipment | 21 |
| on the premises of a place of business
of another licensee | 22 |
| authorized under this Act to sell alcoholic liquor
at retail, | 23 |
| either for consumption on or off the premises, nor shall he or | 24 |
| she
directly or indirectly, pay for any such license, or | 25 |
| advance, furnish,
lend or give money for payment of such | 26 |
| license, or purchase or become
the owner of any note, mortgage, | 27 |
| or other evidence of indebtedness of
such licensee or any form | 28 |
| of security therefor, nor shall such
manufacturer, or
| 29 |
| distributor, beer and wine distributor,
or importing | 30 |
| distributor, or beer and wine importing distributor, directly | 31 |
| or
indirectly, be interested in the ownership, conduct or | 32 |
| operation of the
business of any licensee authorized to sell | 33 |
| alcoholic liquor at retail,
nor shall any manufacturer, or
| 34 |
| distributor, beer and wine distributor,
or importing | 35 |
| distributor , or beer and wine importing distributor be
|
|
|
|
HB7032 |
- 35 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| interested directly or indirectly or as owner or part owner of | 2 |
| said
premises or as lessee or lessor thereof, in any premises | 3 |
| upon which
alcoholic liquor is sold at retail.
| 4 |
| No manufacturer ,
or distributor , beer and wine | 5 |
| distributor,
or importing distributor , or beer and wine | 6 |
| importing distributor shall,
directly or indirectly or through | 7 |
| a subsidiary or affiliate, or by any
officer, director or firm | 8 |
| of such manufacturer, distributor , beer and wine distributor,
| 9 |
| or importing
distributor, or beer and wine importing | 10 |
| distributor furnish, give, lend or rent, install, repair or | 11 |
| maintain,
to or for any retail licensee in this State, any
| 12 |
| signs or inside advertising materials except as provided in | 13 |
| this Section and
Section 6-5. With respect to
retail licensees, | 14 |
| other than any government owned or operated auditorium,
| 15 |
| exhibition hall, recreation facility or other similar facility | 16 |
| holding a
retailer's license as described in Section 6-5, a | 17 |
| manufacturer,
distributor, beer and wine distributor,
or
| 18 |
| importing distributor , or beer and wine importing distributor
| 19 |
| may furnish, give, lend or rent and
erect, install, repair and | 20 |
| maintain to or for any retail licensee, for use
at any one time | 21 |
| in or about or in connection with a retail establishment on
| 22 |
| which the products of the manufacturer, distributor , beer and | 23 |
| wine distributor,
or importing
distributor , or beer and wine | 24 |
| importing distributor are sold, the following signs and inside | 25 |
| advertising materials
as authorized in subparts (i), (ii), | 26 |
| (iii), and (iv):
| 27 |
| (i) Permanent outside signs shall be limited to one | 28 |
| outside sign, per
brand, in place and in use at any one | 29 |
| time,
costing not more than $893, exclusive of erection,
| 30 |
| installation, repair and maintenance costs, and permit | 31 |
| fees and
shall bear only the manufacturer's name, brand | 32 |
| name, trade name, slogans,
markings, trademark, or other | 33 |
| symbols commonly associated with and generally
used in | 34 |
| identifying the product including, but not limited to, | 35 |
| "cold beer", "on
tap", "carry out", and "packaged liquor".
| 36 |
| (ii) Temporary outside signs shall be
limited to one |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| temporary outside sign per brand. Examples of temporary | 2 |
| outside
signs are banners, flags, pennants,
streamers, and | 3 |
| other items of a temporary and non-permanent
nature. Each | 4 |
| temporary outside sign must include the manufacturer's | 5 |
| name,
brand name, trade name, slogans, markings,
| 6 |
| trademark, or other symbol commonly associated with and | 7 |
| generally used in
identifying the product. Temporary | 8 |
| outside signs may also include,
for example, the product,
| 9 |
| price, packaging, date or dates of a promotion and an | 10 |
| announcement of a
retail licensee's specific sponsored | 11 |
| event, if the temporary outside sign is
intended to promote | 12 |
| a product, and provided that the announcement of the retail
| 13 |
| licensee's event and the product promotion are held | 14 |
| simultaneously. However,
temporary outside signs may not | 15 |
| include names, slogans, markings, or logos that
relate to | 16 |
| the retailer. Nothing in this subpart (ii) shall prohibit a
| 17 |
| distributor , beer and wine distributor,
or importing | 18 |
| distributor , or beer and wine importing distributor from | 19 |
| bearing the cost of creating or
printing a temporary | 20 |
| outside sign for the retail licensee's specific sponsored
| 21 |
| event or from bearing the cost of creating or printing a | 22 |
| temporary sign for a
retail licensee containing, for | 23 |
| example, community goodwill expressions,
regional sporting | 24 |
| event announcements, or seasonal messages, provided that | 25 |
| the
primary purpose of the temporary outside sign is to | 26 |
| highlight, promote, or
advertise the product.
In addition, | 27 |
| temporary outside signs provided by the manufacturer to
the | 28 |
| distributor , beer and wine distributor,
or importing | 29 |
| distributor , or beer and wine importing distributor may | 30 |
| also include, for example, subject
to the limitations of | 31 |
| this Section, preprinted community goodwill expressions,
| 32 |
| sporting event announcements, seasonal messages, and | 33 |
| manufacturer promotional
announcements. However, a | 34 |
| distributor , beer and wine distributor,
or importing | 35 |
| distributor , or beer and wine importing distributor shall | 36 |
| not bear
the cost of such manufacturer preprinted signs.
|
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| (iii) Permanent inside
signs, whether visible from the | 2 |
| outside or the inside of the premises,
include, but are not | 3 |
| limited to: alcohol lists and menus that may include
names, | 4 |
| slogans, markings, or logos that relate to the retailer; | 5 |
| neons;
illuminated signs; clocks; table lamps; mirrors; | 6 |
| tap handles; decalcomanias;
window painting; and window | 7 |
| trim. All permanent inside signs in place
and in use at any | 8 |
| one time shall cost in the aggregate not more than $2000 | 9 |
| per
manufacturer. A permanent inside sign must include the
| 10 |
| manufacturer's name, brand name, trade name, slogans, | 11 |
| markings, trademark, or
other symbol commonly associated | 12 |
| with and generally used in identifying
the product. | 13 |
| However,
permanent inside signs may not include names, | 14 |
| slogans, markings, or logos
that relate to the retailer. | 15 |
| For the purpose of this subpart (iii), all
permanent inside | 16 |
| signs may be displayed in an adjacent courtyard or patio
| 17 |
| commonly referred to as a "beer garden" that is a part of | 18 |
| the retailer's
licensed premises.
| 19 |
| (iv) Temporary inside signs shall include, but are not | 20 |
| limited to, lighted
chalk boards, acrylic table tent | 21 |
| beverage or hors d'oeuvre list holders,
banners, flags, | 22 |
| pennants, streamers, and inside advertising materials such | 23 |
| as
posters, placards, bowling sheets, table tents, inserts | 24 |
| for acrylic table tent
beverage or hors d'oeuvre list | 25 |
| holders, sports schedules,
or similar printed or | 26 |
| illustrated materials; however, such items, for example,
| 27 |
| as coasters, trays, napkins, glassware and cups shall not | 28 |
| be deemed to be
inside signs or advertising materials and | 29 |
| may only be sold to retailers. All
temporary inside signs | 30 |
| and inside advertising materials in place and in use at
any | 31 |
| one time shall cost in the aggregate not more than $325 per | 32 |
| manufacturer.
Nothing in this subpart (iv) prohibits a | 33 |
| distributor , beer and wine distributor,
or importing | 34 |
| distributor , or beer and wine importing distributor
from | 35 |
| paying the cost of
printing or creating any temporary | 36 |
| inside banner or inserts for acrylic table
tent beverage or |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| hors d'oeuvre list holders for a retail licensee, provided
| 2 |
| that the primary purpose for the banner or insert is to | 3 |
| highlight, promote, or
advertise the product. For the | 4 |
| purpose of this subpart (iv), all temporary
inside signs | 5 |
| and inside advertising materials may be displayed in an | 6 |
| adjacent
courtyard or patio commonly referred to as a "beer | 7 |
| garden" that is a part of
the retailer's licensed premises.
| 8 |
| A "cost adjustment factor" shall be used to periodically | 9 |
| update the
dollar limitations prescribed in subparts (i), | 10 |
| (iii), and (iv). The Commission
shall establish the adjusted | 11 |
| dollar limitation on an annual basis beginning in
January, | 12 |
| 1997. The term "cost adjustment factor"
means a percentage | 13 |
| equal to the change in the Bureau of Labor Statistics
Consumer | 14 |
| Price Index or 5%, whichever is greater.
The restrictions | 15 |
| contained in this Section 6-6 do not apply to signs, or
| 16 |
| promotional or advertising materials furnished by | 17 |
| manufacturers, distributors , beer and wine distributors,
or
| 18 |
| importing distributors , or beer and wine importing | 19 |
| distributors to a government owned or operated facility holding
| 20 |
| a retailer's license as described in Section 6-5.
| 21 |
| No distributor , beer and wine distributor,
or importing | 22 |
| distributor , or beer and wine importing distributor shall | 23 |
| directly or indirectly
or through a subsidiary or affiliate, or | 24 |
| by any officer, director or
firm of such manufacturer, | 25 |
| distributor , beer and wine distributor,
or importing | 26 |
| distributor,
or beer and wine importing distributor furnish, | 27 |
| give, lend or rent, install, repair or maintain, to or for any
| 28 |
| retail licensee in this State, any signs or
inside advertising | 29 |
| materials described in subparts (i), (ii), (iii), or (iv)
of | 30 |
| this Section except as the agent for or on behalf of a | 31 |
| manufacturer,
provided that the total cost of any signs and | 32 |
| inside advertising materials
including but not limited to | 33 |
| labor, erection, installation and permit fees
shall be paid by | 34 |
| the manufacturer whose product or products said signs
and | 35 |
| inside advertising materials advertise and except as follows:
| 36 |
| A distributor , beer and wine distributor,
or importing |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| distributor , or beer and wine importing distributor may | 2 |
| purchase from or enter into a
written agreement with a | 3 |
| manufacturer or a manufacturer's designated supplier
and such | 4 |
| manufacturer or the manufacturer's designated supplier may | 5 |
| sell or
enter into an agreement to sell to a distributor , beer | 6 |
| and wine distributor,
or importing distributor , or beer and | 7 |
| wine importing distributor
permitted signs and advertising | 8 |
| materials described in subparts (ii), (iii), or
(iv) of this | 9 |
| Section for the purpose of furnishing, giving, lending, | 10 |
| renting,
installing, repairing, or maintaining such signs or | 11 |
| advertising materials to or
for any retail licensee in this | 12 |
| State. Any purchase by a distributor , beer and wine | 13 |
| distributor,
or
importing distributor , or beer and wine | 14 |
| importing distributor from a manufacturer or a manufacturer's | 15 |
| designated
supplier shall be voluntary and the manufacturer may | 16 |
| not require the
distributor , beer and wine distributor,
or the
| 17 |
| importing distributor , or beer and wine importing distributor
| 18 |
| to purchase signs or advertising
materials from the | 19 |
| manufacturer or the manufacturer's designated supplier.
| 20 |
| A distributor , beer and wine distributor,
or importing | 21 |
| distributor , or beer and wine importing distributor shall be | 22 |
| deemed the owner of such
signs or advertising materials | 23 |
| purchased from a manufacturer or
a manufacturer's designated | 24 |
| supplier.
| 25 |
| The provisions of Public Act 90-373
concerning signs or | 26 |
| advertising materials delivered by a manufacturer to a
| 27 |
| distributor , beer and wine distributor,
or importing | 28 |
| distributor , or beer and wine importing distributor shall apply | 29 |
| only to signs or advertising
materials delivered on or after | 30 |
| August 14, 1997.
| 31 |
| No person engaged in the business of manufacturing, | 32 |
| importing or
distributing alcoholic liquors shall, directly or | 33 |
| indirectly, pay for,
or advance, furnish, or lend money for the | 34 |
| payment of any license for
another. Any licensee who shall | 35 |
| permit or assent, or be a party in any
way to any violation or | 36 |
| infringement of the provisions of this Section
shall be deemed |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| guilty of a violation of this Act, and any money loaned
| 2 |
| contrary to a provision of this Act shall not be recovered | 3 |
| back, or any
note, mortgage or other evidence of indebtedness, | 4 |
| or security, or any
lease or contract obtained or made contrary | 5 |
| to this Act shall be
unenforceable and void.
| 6 |
| This Section shall not apply to airplane licensees | 7 |
| exercising powers
provided in paragraph (i) of Section 5-1 of | 8 |
| this Act.
| 9 |
| (Source: P.A. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96; | 10 |
| 90-373, eff.
8-14-97; 90-432, eff. 1-1-98; 90-655, eff. | 11 |
| 7-30-98.)
| 12 |
| (235 ILCS 5/6-6.5)
| 13 |
| Sec. 6-6.5. Sanitation. A manufacturer, distributor, beer | 14 |
| and wine distributor,
or importing
distributor , or beer and | 15 |
| wine importing distributor may sell coil cleaning services to a | 16 |
| retail licensee at fair market
cost.
| 17 |
| A manufacturer, distributor, beer and wine distributor,
or
| 18 |
| importing distributor , or beer and wine importing distributor
| 19 |
| may sell dispensing
accessories to retail licensees at a price | 20 |
| not less than the cost to the
manufacturer, distributor, beer | 21 |
| and wine distributor,
or importing distributor , or beer and | 22 |
| wine importing distributor who initially purchased
them. | 23 |
| Dispensing accessories include, but are not limited to, items | 24 |
| such as
standards, faucets, cold plates, rods, vents, taps, tap | 25 |
| standards, hoses,
washers, couplings, gas gauges, vent | 26 |
| tongues, shanks, and check valves.
| 27 |
| Coil cleaning supplies
consisting of detergents, cleaning | 28 |
| chemicals, brushes, or similar type cleaning
devices may be | 29 |
| sold at a price not less than the cost to the manufacturer,
| 30 |
| distributor, beer and wine distributor,
or importing | 31 |
| distributor , or beer and wine importing distributor .
| 32 |
| (Source: P.A. 90-432, eff. 1-1-98.)
| 33 |
| (235 ILCS 5/6-7) (from Ch. 43, par. 124)
| 34 |
| Sec. 6-7. No manufacturer ,
or distributor , beer and wine |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| distributor,
or importing distributor , beer and wine importing | 2 |
| distributor, or foreign
importer shall sell or deliver any | 3 |
| package containing alcoholic liquor
manufactured or | 4 |
| distributed by him unless the same shall have affixed
thereto | 5 |
| all cancelled revenue stamps which may be provided by Federal | 6 |
| law,
and shall also bear thereon a clear and legible label | 7 |
| containing the name
and address of the manufacturer, the kind | 8 |
| of alcoholic liquor contained
therein, and in the case of | 9 |
| alcoholic liquor (other than beer and imported
Scotch whiskey | 10 |
| and brandy 4 years old or more) the date when manufactured
and | 11 |
| the minimum alcoholic content thereof. No person or persons,
| 12 |
| corporation, partnership or firm shall label alcoholic liquor | 13 |
| as "whiskey"
or "gin" or shall import for sale or shall sell in | 14 |
| this State alcoholic
liquor labeled as "whiskey" or "gin" | 15 |
| unless the entire alcoholic content
thereof, except flavoring | 16 |
| materials, is a distillate of fermented mash of
grain or | 17 |
| mixture of grains. Alcoholic liquor of the type of whiskey or | 18 |
| gin
not conforming to this requirement must be labeled | 19 |
| "imitation whiskey" or
"imitation gin" (as the case may be). No | 20 |
| spirits shall contain any
substance, compound or ingredient | 21 |
| which is injurious to health or
deleterious for human | 22 |
| consumption. No package shall be delivered by any
manufacturer | 23 |
| or distributor , beer and wine distributor,
or importing | 24 |
| distributor , beer and wine importing distributor, or foreign | 25 |
| importer
unless the same shall be securely sealed so that the | 26 |
| contents thereof
cannot be removed without breaking the seal so | 27 |
| placed thereon by said
manufacturer, and no other licensee | 28 |
| shall sell, have in his possession, or
use any package or | 29 |
| container which does not comply with this Section or
does not | 30 |
| bear evidence that said package, when delivered to him, | 31 |
| complied
herewith.
| 32 |
| (Source: P.A. 82-783.)
| 33 |
| (235 ILCS 5/6-8) (from Ch. 43, par. 125)
| 34 |
| Sec. 6-8. Each manufacturer ,
or importing distributor , | 35 |
| beer and wine importing distributor, or foreign importer
shall |
|
|
|
HB7032 |
- 42 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| keep an accurate record of all alcoholic liquors manufactured,
| 2 |
| distributed, sold, used, or delivered by him in this State | 3 |
| during each
month, showing therein to whom sold, and shall | 4 |
| furnish a copy thereof or a
report thereon to the State | 5 |
| Commission, as the State Commission may,
request.
| 6 |
| Each importing distributor , beer and wine importing | 7 |
| distributor, or manufacturer to whom alcoholic liquors
| 8 |
| imported into this State have been consigned shall effect | 9 |
| possession and
physical control thereof by storing such | 10 |
| alcoholic liquors in the premises
wherein such importing | 11 |
| distributor , beer and wine importing distributor, or | 12 |
| manufacturer is licensed to engage in
such business as an | 13 |
| importing distributor , beer and wine importing distributor, or | 14 |
| manufacturer and to make such
alcoholic liquors together with | 15 |
| accompanying invoices, bills of lading and
receiving tickets | 16 |
| available for inspection by an agent or representative of
the | 17 |
| Department of Revenue and of the State Commission.
| 18 |
| All alcoholic liquor imported into this State must be | 19 |
| off-loaded from the
common carrier, vehicle, or mode of | 20 |
| transportation by which the alcoholic
liquor was delivered into | 21 |
| this State. The alcoholic liquor shall be stored at
the | 22 |
| licensed premises of the importing distributor or beer and wine | 23 |
| importing distributor before sale and delivery to
licensees in | 24 |
| this State. A distributor , beer and wine distributor,
or
| 25 |
| importing distributor, or beer and wine importing distributor,
| 26 |
| upon
application to the Commission, may secure a waiver of the | 27 |
| provisions of this
Section for purposes of delivering beer | 28 |
| directly to a licensee holding or
otherwise participating in a | 29 |
| special event sponsored by a unit of government or
a | 30 |
| not-for-profit organization.
| 31 |
| (Source: P.A. 88-535.)
| 32 |
| (235 ILCS 5/6-9) (from Ch. 43, par. 126)
| 33 |
| Sec. 6-9. Registration of trade marks; sale within | 34 |
| geographical area;
delivery to authorized persons. The | 35 |
| Legislature hereby finds and declares
that for purposes of
|
|
|
|
HB7032 |
- 43 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| ensuring the preservation and enhancement of interbrand | 2 |
| competition in
the alcoholic liquor industry within the State, | 3 |
| ensuring that importation
and distribution of alcoholic liquor | 4 |
| in the State will be subject to
thorough and inexpensive | 5 |
| monitoring by the State, reducing the
importation of illicit or | 6 |
| untaxed alcoholic liquor into the State,
excluding misbranded | 7 |
| alcoholic liquor products from the State,
providing incentives | 8 |
| to distributors to service and sell to larger
numbers of retail | 9 |
| licensees in the geographic area where such
distributors are | 10 |
| engaged in business, and reducing the amount of
spoiled and | 11 |
| overaged alcoholic liquor products sold to consumers,
it is | 12 |
| necessary to restrict the purchase of alcoholic liquors at
| 13 |
| wholesale in the State to those persons selected by the | 14 |
| manufacturer,
distributor, beer and wine distributor,
| 15 |
| importing distributor , beer and wine importing distributor, or | 16 |
| foreign importer who owns or
controls the trade mark, brand or | 17 |
| name of the alcoholic liquor
products sold to such persons, and | 18 |
| to restrict the geographic area
or areas within which such | 19 |
| persons sell such alcoholic liquor at
wholesale, as provided in | 20 |
| this Section.
| 21 |
| Each manufacturer, non-resident dealer, distributor, beer | 22 |
| and wine distributor, importing distributor,
beer and wine | 23 |
| importing distributor, or
foreign importer who owns or controls | 24 |
| the trade mark, brand or name of
any alcoholic liquor shall | 25 |
| register with the State Commission, in the Chicago
office, on | 26 |
| or before the effective date, the name
of each person to whom | 27 |
| such manufacturer, non-resident dealer, distributor,
beer and | 28 |
| wine distributor, importing
distributor, beer and wine | 29 |
| importing distributor, or foreign importer grants the right to | 30 |
| sell at wholesale
in this State any such alcoholic liquor, | 31 |
| specifying the particular trade
mark, brand or name of | 32 |
| alcoholic liquor as to which such right is
granted, the | 33 |
| geographical area or areas for which such right is granted
and | 34 |
| the period of time for which such rights are granted to such | 35 |
| person.
Each manufacturer,
non-resident dealer, distributor , | 36 |
| beer and wine distributor,
or importing distributor, beer and |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| wine importing distributor, or foreign
importer who is required | 2 |
| to register under this Section must furnish a copy
of the | 3 |
| registration statement at the time of appointment to the person | 4 |
| who has
been granted the right to sell alcoholic liquor at | 5 |
| wholesale. However, if a
person who has been appointed the | 6 |
| right to sell alcoholic liquor at wholesale
does not receive a | 7 |
| copy of the registration statement as required under this
| 8 |
| Section, such person may file a registration statement with the | 9 |
| State
Commission, provided that the person furnishes a copy of | 10 |
| that registration
statement to the manufacturer, non-resident | 11 |
| dealer, distributor, beer and wine distributor, importing
| 12 |
| distributor, beer and wine importing distributor, or foreign | 13 |
| importer within 30 days of filing the registration
statement. | 14 |
| The registration statement shall state:
| 15 |
| (1) the name of the person appointed;
| 16 |
| (2) the name of the manufacturer, non-resident dealer, | 17 |
| distributor, beer and wine distributor,
importing distributor, | 18 |
| beer and wine importing distributor, or foreign importer from | 19 |
| whom the person received the
right to sell alcoholic liquor;
| 20 |
| (3) the particular trade mark, brand, or name of alcoholic | 21 |
| liquor
as
to
which the right to sell at wholesale is granted; | 22 |
| and
| 23 |
| (4) the geographical areas for which the right to sell at
| 24 |
| wholesale
is
granted.
| 25 |
| Such manufacturer, non-resident dealer, distributor, beer | 26 |
| and wine distributor, importing distributor,
beer and wine | 27 |
| importing distributor, or
foreign
importer may grant the right | 28 |
| to sell at wholesale any trade mark, brand
or name of any | 29 |
| alcoholic liquor in any geographical area to more than
one | 30 |
| person. If the registration is received after the effective | 31 |
| date, the
Commission shall treat the date the registration was | 32 |
| received in the Chicago
office as the effective
date. Such | 33 |
| registration shall be made on a form prescribed by the
State | 34 |
| Commission and the State Commission may require such | 35 |
| registration
to be on a form provided by it.
| 36 |
| No such registration shall be made
in any other manner than |
|
|
|
HB7032 |
- 45 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| as is provided in this
Section and only those persons | 2 |
| registered by the manufacturer, non-resident
dealer, | 3 |
| distributor, beer and wine distributor, importing distributor | 4 |
| beer and wine importing distributor, or foreign importer, shall | 5 |
| have
the right to sell at wholesale in this State, the brand of | 6 |
| alcoholic liquor
specified on the registration form.
| 7 |
| However, a licensed Illinois distributor who has not been | 8 |
| registered to
sell a brand of alcoholic liquor, but for a | 9 |
| period of 2 years prior
to
November 8, 1979 has been engaged in | 10 |
| the purchase of a brand for resale
from a licensed Illinois | 11 |
| distributor who has the right to sell that brand
at wholesale, | 12 |
| may continue to purchase and resell the brand at wholesale,
and | 13 |
| may purchase from the same distributor and resell at wholesale | 14 |
| any
new brands of the same manufacturer, provided that:
| 15 |
| (1) Within 60 days after November 8, 1979 he identifies | 16 |
| the brand which
he so purchased to the State Commission and | 17 |
| the Commission within 30 days
thereafter verifies that the | 18 |
| purchases have occurred;
| 19 |
| (2) Thereafter, he notifies the State Commission in | 20 |
| writing of any brands
of the same manufacturer which he | 21 |
| wishes to purchase from the same distributor
that were not | 22 |
| available for distribution on or before November 8, 1979,
| 23 |
| and that the Commission within 30 days of such notification | 24 |
| verifies
that the brand is a new brand of the same | 25 |
| manufacturer, and that the same
licensed Illinois | 26 |
| distributor has the right to sell the new brand at | 27 |
| wholesale;
| 28 |
| (3) His licensed business address is within the | 29 |
| geographical area for
which the licensed Illinois | 30 |
| distributor from whom the purchases are made
has the right | 31 |
| to sell said brand or brands of alcoholic liquor; and
| 32 |
| (4) His sales are made within the geographical area for | 33 |
| which the licensed
Illinois distributor from whom the | 34 |
| purchases are made has the right to sell
the brand or | 35 |
| brands of alcoholic liquor and only to retail licensees | 36 |
| whose
licensed premises are located within the |
|
|
|
HB7032 |
- 46 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| aforementioned geographical area.
| 2 |
| No person to whom such right is granted shall sell at | 3 |
| wholesale in
this State any alcoholic liquor bearing such trade | 4 |
| mark, brand or name
outside of the geographical area for which | 5 |
| such person holds such
selling right, as registered with the | 6 |
| State Commission, nor shall he
sell such alcoholic liquor | 7 |
| within such geographical area to a retail
licensee if the | 8 |
| premises specified in such retailer's license are
located | 9 |
| outside such geographical area.
Any licensed Illinois | 10 |
| distributor or beer and wine distributor who has not been | 11 |
| granted the right to sell
any alcoholic liquor at wholesale and | 12 |
| is purchasing alcoholic liquor from a
person who has been | 13 |
| granted the right to sell at wholesale may sell and deliver
| 14 |
| only to retail licensees whose licensed premises are within the | 15 |
| same
geographical area as the person who has been granted the | 16 |
| right to sell at
wholesale.
| 17 |
| No manufacturer, importing distributor, beer and wine | 18 |
| importing distributor, distributor, beer and wine distributor,
| 19 |
| non-resident dealer,
or foreign
importer shall sell or deliver | 20 |
| any package containing alcoholic liquor
manufactured or | 21 |
| distributed by him for resale, unless the person to whom
such | 22 |
| package is sold or delivered is authorized to receive such | 23 |
| package
in accordance with the provisions of this Act.
| 24 |
| (Source: P.A. 92-105, eff. 1-1-02.)
| 25 |
| (235 ILCS 5/6-9.1)
| 26 |
| Sec. 6-9.1. Deliveries to retail establishments.
| 27 |
| (a) A distributor of wine or spirits or a beer and wine | 28 |
| distributor shall deliver to any retailer within
any
geographic | 29 |
| area in which that distributor or beer and wine distributor has | 30 |
| been granted by a wholesaler the
right to sell its trademark, | 31 |
| brand, or name at least once every 2 weeks if (i)
in
the case of | 32 |
| a retailer located in a county with a population of at least
| 33 |
| 3,000,000 inhabitants or in a county adjacent to a county with | 34 |
| at least
3,000,000 inhabitants, the retailer agrees to purchase | 35 |
| at least $200 of wine or
spirits from the distributor or at |
|
|
|
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|
| 1 |
| least $200 of wine from the beer and wine distributor every 2 | 2 |
| weeks; or (ii) in the case of a retailer
located in a county | 3 |
| with a population of less than 3,000,000 that is not
adjacent | 4 |
| to a county with a population of at least 3,000,000 | 5 |
| inhabitants, the
retailer agrees to purchase at least $50 of | 6 |
| wine or spirits from the
distributor
or $50 of wine from the | 7 |
| beer and wine distributor every 2 weeks.
| 8 |
| (b) On January 1, 2002 and every 2 years thereafter, the | 9 |
| dollar amounts in
items
(i) and (ii) of subsection (a) shall be | 10 |
| increased or decreased by a percentage
equal to the percentage | 11 |
| increase or decrease in the Consumer Price Index
during the | 12 |
| previous 2 years according to the most recent available data.
| 13 |
| (Source: P.A. 91-482, eff. 1-1-00.)
| 14 |
| (235 ILCS 5/6-17) (from Ch. 43, par. 133)
| 15 |
| Sec. 6-17. (a) No licensee licensed under the provisions of | 16 |
| this
Act shall deny or permit his agents and employees to deny | 17 |
| any person the
full and equal enjoyment of the accommodations, | 18 |
| advantages, facilities and
privileges of any premises in which | 19 |
| alcoholic liquors are authorized to be
sold subject only to the | 20 |
| conditions and limitations established by law and
applicable | 21 |
| alike to all citizens.
| 22 |
| (b) A distributor , beer and wine distributor,
or an
| 23 |
| importing distributor , or beer and wine importing distributor
| 24 |
| may refuse to sell
beer, brew, or similar beverages containing | 25 |
| 0.5% or less of alcohol by
volume to a non-licensee.
| 26 |
| (Source: P.A. 86-1469.)
| 27 |
| (235 ILCS 5/6-17.1)
| 28 |
| Sec. 6-17.1. Distributors; sales to retailers. The General | 29 |
| Assembly
hereby finds and declares that for the purposes of | 30 |
| ensuring that all retail
licensees have the opportunity to | 31 |
| receive alcoholic liquor, reducing the amount of spoiled
and | 32 |
| overaged alcoholic liquor sold to customers, and maintaining | 33 |
| the distribution
system and the State's ability to regulate | 34 |
| against illegal importation of alcoholic liquor,
it is |
|
|
|
HB7032 |
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|
| 1 |
| necessary to prevent discrimination among retail licensees as | 2 |
| provided in
this Section.
| 3 |
| A distributor , beer and wine distributor,
or importing | 4 |
| distributor , or beer and wine importing distributor designated | 5 |
| as a distributor , beer and wine distributor,
or
importing | 6 |
| distributor , or beer and wine importing distributor for | 7 |
| alcoholic liquor within a designated geographic area or areas
| 8 |
| under Section 6-9 of this Act shall use its best efforts to | 9 |
| make
available for sale to retail licensees, in its designated | 10 |
| geographic area or
areas, each brand of alcoholic liquor which | 11 |
| the distributor , beer and wine distributor,
or the importing | 12 |
| distributor
, or beer and wine importing distributor has been | 13 |
| authorized to distribute.
Nothing in this Section prohibits a | 14 |
| distributor , beer and wine distributor,
or importing | 15 |
| distributor , or beer and wine importing distributor from
| 16 |
| establishing purchase requirements unless the requirements | 17 |
| have the effect of
excluding a majority of the retail licensees | 18 |
| in the designated geographic area
or areas from purchasing the | 19 |
| alcoholic liquor.
| 20 |
| (Source: P.A. 91-186, eff. 1-1-00.)
| 21 |
| (235 ILCS 5/6-21) (from Ch. 43, par. 135)
| 22 |
| Sec. 6-21. (a) Every person who is injured within this | 23 |
| State, in
person or property, by any intoxicated person has a | 24 |
| right of
action in his or her own name, severally or jointly, | 25 |
| against any person,
licensed under the laws of this State or of | 26 |
| any other state to sell
alcoholic liquor, who, by selling or | 27 |
| giving alcoholic liquor,
within or without the territorial | 28 |
| limits of this State, causes the
intoxication of such person.
| 29 |
| Any person at least
21 years of age who pays for a hotel or | 30 |
| motel room or facility knowing that
the room or facility is to | 31 |
| be used by any person under 21 years of age for
the unlawful | 32 |
| consumption of alcoholic liquors and such consumption causes
| 33 |
| the intoxication of the person under 21 years of age, shall be | 34 |
| liable to
any person who is injured in person or property by | 35 |
| the intoxicated person
under 21 years of age.
Any person |
|
|
|
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| 1 |
| owning, renting, leasing or permitting the
occupation of any | 2 |
| building or premises with knowledge that alcoholic
liquors are | 3 |
| to be sold therein, or who having leased the same for other
| 4 |
| purposes, shall knowingly permit therein the sale of any | 5 |
| alcoholic liquors
that have caused the intoxication of any | 6 |
| person, shall be liable, severally
or jointly, with the person | 7 |
| selling
or giving the liquors. However, if such building or | 8 |
| premises belong to a
minor or other person under guardianship | 9 |
| the guardian of such person shall
be held liable instead of the | 10 |
| ward. A married woman has the same right to
bring the action | 11 |
| and to control it and the amount recovered as an unmarried
| 12 |
| woman. All damages recovered by a minor under this Act shall be | 13 |
| paid either
to the minor, or to his or her parent, guardian or | 14 |
| next friend as the court
shall direct. The unlawful sale or | 15 |
| gift of alcoholic liquor works a
forfeiture of all rights of | 16 |
| the lessee or tenant under any lease or
contract of rent upon | 17 |
| the premises where the unlawful sale or gift takes
place. All | 18 |
| actions for damages under this Act may be by any appropriate
| 19 |
| action in the circuit court. An action shall lie for injuries | 20 |
| to either
means
of
support or loss of society, but not both, | 21 |
| caused by an intoxicated person
or in
consequence of the
| 22 |
| intoxication of any person resulting as hereinabove set out.
| 23 |
| "Loss of society" means the mutual benefits that each family | 24 |
| member receives
from the other's continued existence, | 25 |
| including love, affection, care,
attention, companionship, | 26 |
| comfort, guidance, and protection. "Family" includes
spouse, | 27 |
| children, parents, brothers, and sisters.
The action, if
the | 28 |
| person from whom support or society was furnished is living, | 29 |
| shall be
brought by
any person injured in means of support or | 30 |
| society in his or her name for
his or her
benefit and the | 31 |
| benefit of all other persons
injured in means of support or | 32 |
| society. However, any person claiming to be
injured in
means of | 33 |
| support or society and not included in any action brought
| 34 |
| hereunder may join by
motion made within the times herein | 35 |
| provided for bringing such action or
the personal | 36 |
| representative of the deceased person from whom such
support or |
|
|
|
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| 1 |
| society was furnished may so join. In every such action the | 2 |
| jury
shall
determine the amount of damages to be recovered | 3 |
| without regard to and
with no special instructions as to the | 4 |
| dollar limits on recovery imposed
by this Section. The amount | 5 |
| recovered in every such action is for the
exclusive benefit of | 6 |
| the person injured in loss of support or society and
shall be
| 7 |
| distributed to such persons in the proportions determined by | 8 |
| the
verdict rendered or judgment entered in the action. If the | 9 |
| right of action is
settled by agreement with the personal | 10 |
| representative of a deceased
person from whom support or | 11 |
| society was furnished, the court having
jurisdiction of
the | 12 |
| estate of the deceased person shall distribute the amount of | 13 |
| the
settlement to the person injured in loss of support or | 14 |
| society in the
proportion,
as determined by the court, that the | 15 |
| percentage of dependency of each
such person upon the deceased | 16 |
| person bears to the sum of the percentages
of dependency of all | 17 |
| such persons upon the deceased person. For all
causes of action | 18 |
| involving persons injured, killed, or incurring property
| 19 |
| damage before September 12, 1985, in no event
shall the | 20 |
| judgment or recovery under this Act for injury to the person
or | 21 |
| to the property of any person as hereinabove set out exceed | 22 |
| $15,000, and
recovery under this Act for loss of means of | 23 |
| support resulting from the
death or injury of any person, as | 24 |
| hereinabove set out,
shall not exceed $20,000.
For all causes | 25 |
| of action
involving persons injured, killed, or incurring | 26 |
| property damage after
September 12, 1985 but before July 1, | 27 |
| 1998, in
no event shall the
judgment or recovery for injury to | 28 |
| the person or property of any person
exceed $30,000 for each | 29 |
| person incurring damages, and recovery
under this
Act for loss | 30 |
| of means of support resulting from the death or
injury of any
| 31 |
| person shall not exceed $40,000.
For all causes of action
| 32 |
| involving persons injured, killed, or incurring property | 33 |
| damage on or after
July 1, 1998, in no event shall the
judgment | 34 |
| or recovery for injury to the person or property of any person
| 35 |
| exceed $45,000 for each person incurring damages, and recovery | 36 |
| under this
Act for either loss of means of support or loss of |
|
|
|
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| 1 |
| society resulting from the
death or injury
of any
person shall | 2 |
| not exceed $55,000.
Beginning in 1999, every January 20, these | 3 |
| liability limits
shall automatically be increased or | 4 |
| decreased, as applicable,
by a percentage equal to the | 5 |
| percentage change in the consumer price index-u
during the | 6 |
| preceding 12-month calendar year. "Consumer price index-u" | 7 |
| means
the index published by the Bureau of Labor Statistics of | 8 |
| the United States
Department of Labor that measures the average | 9 |
| change in prices of goods and
services purchased by all urban | 10 |
| consumers, United States city average, all
items, 1982-84 = | 11 |
| 100. The new amount resulting from each annual adjustment
shall | 12 |
| be determined by the Comptroller and made available to the | 13 |
| chief judge of
each judicial circuit.
The liability limits at | 14 |
| the time at which damages
subject to such limits are awarded by | 15 |
| final judgment or settlement shall be
utilized by the courts.
| 16 |
| Nothing in this Section bars
any person
from making separate | 17 |
| claims which, in the aggregate, exceed any one limit
where such | 18 |
| person incurs more than one type of compensable damage,
| 19 |
| including personal injury, property damage, and loss to means | 20 |
| of support or
society.
However, all persons claiming loss to | 21 |
| means of support or society shall be
limited to
an aggregate | 22 |
| recovery not to exceed the single limitation set forth herein
| 23 |
| for the death or injury of each person from whom support or | 24 |
| society is
claimed.
| 25 |
| Nothing in this Act shall be construed to confer a cause of | 26 |
| action for
injuries to the person or property of the | 27 |
| intoxicated person himself, nor
shall anything in this Act be | 28 |
| construed to confer a cause of action for
loss of means of | 29 |
| support or society on the intoxicated person himself or on
any | 30 |
| person
claiming to be supported by such intoxicated person or | 31 |
| claiming the society
of such person.
In conformance with the | 32 |
| rule of statutory construction enunciated in
the general | 33 |
| Illinois saving provision in Section 4 of "An Act to revise
the | 34 |
| law in relation to the construction of the statutes", approved | 35 |
| March
5, 1874, as amended, no amendment of this Section | 36 |
| purporting to abolish
or having the effect of abolishing a |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| cause of action shall be applied to
invalidate a cause of | 2 |
| action accruing before its effective date, irrespective
of | 3 |
| whether the amendment was passed before or after the effective | 4 |
| date of
this amendatory Act of 1986.
| 5 |
| Each action hereunder shall be barred unless commenced | 6 |
| within one year
next after the cause of action accrued.
| 7 |
| However, a licensed distributor , beer and wine | 8 |
| distributor, or brewer whose only connection with the
| 9 |
| furnishing of alcoholic liquor which is alleged to have caused | 10 |
| intoxication
was the furnishing or maintaining of any apparatus | 11 |
| for the dispensing or
cooling of beer is not liable under this | 12 |
| Section, and if such licensee is
named as a defendant, a proper | 13 |
| motion to dismiss shall be granted.
| 14 |
| (b) Any person licensed under any state or local law to
| 15 |
| sell alcoholic liquor, whether
or not a citizen or resident of | 16 |
| this State,
who in person or through an agent
causes the | 17 |
| intoxication, by the sale or gift of
alcoholic liquor, of any | 18 |
| person who, while
intoxicated, causes injury to
any person or | 19 |
| property in the State of Illinois
thereby submits such licensed | 20 |
| person, and, if an individual, his or her
personal | 21 |
| representative, to the jurisdiction of the courts of this State
| 22 |
| for a cause of action arising under subsection (a) above.
| 23 |
| Service of process upon any person who is subject to the
| 24 |
| jurisdiction of the courts of this State, as provided in this | 25 |
| subsection,
may be made by personally serving the summons upon | 26 |
| the defendant outside
this State, as provided in the Code of | 27 |
| Civil Procedure, as now or hereafter
amended, with the same | 28 |
| force and effect as
though summons had been personally served | 29 |
| within this State.
| 30 |
| Only causes of action arising under subsection (a) above | 31 |
| may be
asserted against a defendant in an action in which | 32 |
| jurisdiction over him
or her is based upon this subsection.
| 33 |
| Nothing herein contained limits or affects the right to | 34 |
| serve
any process in any other manner now or hereafter provided | 35 |
| by law.
| 36 |
| (Source: P.A. 90-111, eff. 7-14-97.)
|
|
|
|
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|
| 1 |
| (235 ILCS 5/6-22) (from Ch. 43, par. 137)
| 2 |
| Sec. 6-22. No person , except a manufacturer ,
or
| 3 |
| distributor, beer and wine distributor,
or importing
| 4 |
| distributor, or beer and wine importing distributor, shall fill | 5 |
| or refill, in whole or in part, any original
package of | 6 |
| alcoholic liquor with the same or any other kind or quality of
| 7 |
| alcoholic liquor, and it shall be unlawful for any person to | 8 |
| have in his
possession for sale at retail any bottles, casks or | 9 |
| other containers
containing alcoholic liquor, except in | 10 |
| original packages.
| 11 |
| (Source: P.A. 82-783.)
| 12 |
| (235 ILCS 5/6-29) (from Ch. 43, par. 144e)
| 13 |
| Sec. 6-29. Interstate reciprocal wine shipments.
| 14 |
| (a) Notwithstanding
any other provision of law, an adult | 15 |
| resident or holder of an alcoholic
beverage license in a state | 16 |
| which affords Illinois licensees or adult
residents an equal | 17 |
| reciprocal shipping privilege may ship, for personal use
and | 18 |
| not for resale, not more than 2 cases of wine (each case | 19 |
| containing not
more than 9 liters) per year to any adult | 20 |
| resident of this State. Delivery
of a shipment pursuant to this | 21 |
| Section shall not be deemed to constitute a
sale in this State.
| 22 |
| (b) The shipping container of any wine sent into or out of | 23 |
| this State
under this Section shall be clearly labeled to | 24 |
| indicate that the package
cannot be delivered to a person under | 25 |
| the age of 21 years.
| 26 |
| (c) No broker within this State shall solicit consumers to | 27 |
| engage in
interstate reciprocal wine shipments under this | 28 |
| Section. No shipper
located outside this State may advertise | 29 |
| such interstate reciprocal wine
shipments in this State.
| 30 |
| (d) It is not the intent of this Section to impair the | 31 |
| distribution of
wine through distributors , beer and wine | 32 |
| distributors,
or importing distributors, or beer and wine | 33 |
| importing distributors, but only to permit
shipments of wine | 34 |
| for personal use.
|
|
|
|
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LRB093 18566 LRD 44287 b |
|
| 1 |
| (Source: P.A. 86-1483.)
| 2 |
| (235 ILCS 5/6-29.1)
| 3 |
| Sec. 6-29.1. Direct shipments of alcoholic liquor. | 4 |
| Pursuant to the
Twenty-First Amendment of the United States | 5 |
| Constitution allowing states to
regulate the distribution and | 6 |
| sale of alcoholic liquor and pursuant to the
federal | 7 |
| Webb-Kenyon Act declaring that alcoholic liquor shipped in | 8 |
| interstate
commerce must comply with state laws, the General | 9 |
| Assembly hereby finds and
declares that selling alcoholic | 10 |
| liquor from a point outside this State
through various direct | 11 |
| marketing means, such as catalogs,
newspapers, mailers, and the | 12 |
| Internet,
directly to residents of this State poses a serious | 13 |
| threat
to the State's efforts to prevent youths from accessing | 14 |
| alcoholic liquor;
to State revenue collections; and to the | 15 |
| economy of this State.
| 16 |
| Any person manufacturing, distributing, or selling
| 17 |
| alcoholic liquor who knowingly ships or transports or causes | 18 |
| the shipping or
transportation of any alcoholic liquor from a | 19 |
| point outside this State to a
person in this State who does not | 20 |
| hold a manufacturer's, distributor's,
beer and wine | 21 |
| distributor's, importing distributor's, beer and wine | 22 |
| importing distributor's, or non-resident dealer's license | 23 |
| issued by the Liquor
Control Commission, other than a shipment | 24 |
| of sacramental wine to a bona fide
religious organization, a | 25 |
| shipment authorized by Section 6-29, or any other
shipment | 26 |
| authorized by this Act, is in violation of this Act.
| 27 |
| The Commission, upon determining, after investigation, | 28 |
| that a person
has violated this Section, shall give notice to | 29 |
| the person by certified mail to
cease and desist all shipments | 30 |
| of
alcoholic liquor into this State and to withdraw from this | 31 |
| State within 5
working days after receipt of the notice all | 32 |
| shipments of alcoholic liquor then
in transit.
| 33 |
| Whenever the Commission has reason to believe that a person
| 34 |
| has failed to comply with the Commission notice under this | 35 |
| Section, it shall
notify the Department of Revenue and file a |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| complaint with the State's Attorney
of the county where the | 2 |
| alcoholic liquor was delivered or with appropriate
law | 3 |
| enforcement officials.
| 4 |
| Failure to comply with the notice issued by the Commission | 5 |
| under this Section
constitutes a
business offense for which the | 6 |
| person shall be fined not more than $1,000 for
a first offense, | 7 |
| not more than $5,000 for a second offense, and not more than
| 8 |
| $10,000 for a third or
subsequent offense. Each shipment of | 9 |
| alcoholic liquor delivered in
violation of the cease and desist | 10 |
| notice shall constitute a separate offense.
| 11 |
| (Source: P.A. 90-739, eff. 8-13-98.)
| 12 |
| (235 ILCS 5/6-31)
| 13 |
| Sec. 6-31. Product sampling.
| 14 |
| (a) Retailer, distributor, beer and wine distributor,
| 15 |
| importing distributor, beer and wine importing distributor,
| 16 |
| manufacturer , and
nonresident dealer licensees may conduct | 17 |
| product sampling for consumption at a
licensed retail location. | 18 |
| Up to 3 samples, consisting of no more than (i) 1/4
ounce of | 19 |
| distilled spirits, (ii) one ounce of wine, or (iii) 2 ounces of | 20 |
| beer
may be served to a consumer in one day.
| 21 |
| (b) Notwithstanding the provisions of subsection (a), an | 22 |
| on-premises retail
licensee may offer for sale and serve more | 23 |
| than one drink per person for
sampling purposes without | 24 |
| violating paragraph (1) of subsection (b) of Section
6-28 or | 25 |
| paragraph (6) of subsection (c) of Section 6-28 of this Act,
| 26 |
| provided the total quantity of the sampling package,
regardless | 27 |
| of the number of containers in which the alcoholic liquor is | 28 |
| being
served, does not exceed 1 ounce of distilled spirits, 4 | 29 |
| ounces of wine, or
16
ounces of beer.
In any event, all
| 30 |
| provisions of Section 6-28
shall apply to an on-premises
retail | 31 |
| licensee that conducts product sampling.
| 32 |
| (Source: P.A. 90-432, eff. 1-1-98; 90-626, eff. 1-1-99.)
| 33 |
| (235 ILCS 5/7-1) (from Ch. 43, par. 145)
| 34 |
| Sec. 7-1. An applicant for a retail license from the State |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| Commission
shall submit to the State Commission an application | 2 |
| in writing under oath
stating:
| 3 |
| (1) The applicant's name and mailing address;
| 4 |
| (2) The name and address of the applicant's business;
| 5 |
| (3) If applicable, the date of the filing of the | 6 |
| "assumed name" of
the business with the County Clerk;
| 7 |
| (4) In case of a copartnership, the date of the | 8 |
| formation of the
partnership; in the case of an Illinois | 9 |
| corporation, the date of its
incorporation; or in the case | 10 |
| of a foreign corporation, the State where
it was | 11 |
| incorporated and the date of its becoming qualified under | 12 |
| the Business
Corporation Act of 1983 to transact business | 13 |
| in the State of Illinois;
| 14 |
| (5) The number, the date of issuance and the date of | 15 |
| expiration of
the applicant's current local retail liquor | 16 |
| license;
| 17 |
| (6) The name of the city, village, or county that | 18 |
| issued the local
retail liquor license;
| 19 |
| (7) The name and address of the landlord if the | 20 |
| premises are leased;
| 21 |
| (8) The date of the applicant's first request for a | 22 |
| State liquor
license and whether it was granted, denied or | 23 |
| withdrawn;
| 24 |
| (9) The address of the applicant when the first | 25 |
| application for a
State liquor license was made;
| 26 |
| (10) The applicant's current State liquor license | 27 |
| number;
| 28 |
| (11) The date the applicant began liquor sales at his | 29 |
| place of business;
| 30 |
| (12) The address of the applicant's warehouse if he | 31 |
| warehouses liquor;
| 32 |
| (13) The applicant's Retailer's Occupation Tax (ROT) | 33 |
| Registration Number;
| 34 |
| (14) The applicant's document locater number on his | 35 |
| Federal Special
Tax Stamp;
| 36 |
| (15) Whether the applicant is delinquent in the payment |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| of the
Retailer's Occupational Tax (Sales Tax), and if so, | 2 |
| the reasons therefor;
| 3 |
| (16) Whether the applicant is delinquent under the cash | 4 |
| beer law,
and if so, the reasons therefor;
| 5 |
| (17) In the case of a retailer, whether he is | 6 |
| delinquent under the
30 day credit law, and if so, the | 7 |
| reasons therefor;
| 8 |
| (18) In the case of a distributor or beer and wine | 9 |
| distributor , whether he is delinquent under
the 15 day | 10 |
| credit law, and if so, the reasons therefor;
| 11 |
| (19) Whether the applicant has made an application for | 12 |
| a liquor
license which has been denied, and if so, the | 13 |
| reasons therefor;
| 14 |
| (20) Whether the applicant has ever had any previous | 15 |
| liquor license
suspended or revoked, and if so, the reasons | 16 |
| therefor;
| 17 |
| (21) Whether the applicant has ever been convicted of a | 18 |
| gambling
offense or felony, and if so, the particulars | 19 |
| thereof;
| 20 |
| (22) Whether the applicant possesses a current Federal | 21 |
| Wagering Stamp,
and if so, the reasons therefor;
| 22 |
| (23) Whether the applicant, or any other person, | 23 |
| directly in his place
of business is a public official, and | 24 |
| if so, the particulars thereof;
| 25 |
| (24) The applicant's name, sex, date of birth, social | 26 |
| security
number, position and percentage of ownership in | 27 |
| the business; and the
name, sex, date of birth, social | 28 |
| security number, position and
percentage of ownership in | 29 |
| the business of every sole owner, partner,
corporate | 30 |
| officer, director, manager and any person who owns 5% or | 31 |
| more
of the shares of the applicant business entity or | 32 |
| parent corporations of
the applicant business entity; and
| 33 |
| (25) That he has not received or borrowed money or | 34 |
| anything else of
value, and that he will not receive or | 35 |
| borrow money or anything else of
value (other than | 36 |
| merchandising credit in the ordinary course of
business for |
|
|
|
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LRB093 18566 LRD 44287 b |
|
| 1 |
| a period not to exceed 90 days as herein expressly
| 2 |
| permitted under Section 6-5 hereof), directly or
| 3 |
| indirectly, from any manufacturer, importing distributor , | 4 |
| beer and wine importing distributor,
or
distributor , or | 5 |
| beer and wine distributor, or from any representative of | 6 |
| any such manufacturer,
importing distributor , beer and | 7 |
| wine importing distributor,
or distributor, or beer and | 8 |
| wine distributor nor be a party in
any way, directly or | 9 |
| indirectly, to any violation by a manufacturer,
| 10 |
| distributor , beer and wine distributor,
or importing | 11 |
| distributor , or beer and wine importing distributor of | 12 |
| Section 6-6 of this Act.
| 13 |
| In addition to any other requirement of this Section, an | 14 |
| applicant for
a special use permit license and a special event | 15 |
| retailer's license shall
also submit (A) proof satisfactory to | 16 |
| the Commission that the applicant
has a resale number issued | 17 |
| under Section 2c of the Retailer's Occupation Tax
Act or that | 18 |
| the applicant is registered under Section 2a of the Retailer's
| 19 |
| Occupation Tax Act, (B) proof satisfactory to the Commission | 20 |
| that the
applicant has a current, valid exemption | 21 |
| identification number issued under
Section 1g of the Retailers' | 22 |
| Occupation Tax Act and a certification to the
Commission that | 23 |
| the purchase of alcoholic liquors will be a tax-exempt
| 24 |
| purchase, or (C) a statement that the applicant is not | 25 |
| registered under
Section 2a of the Retailers' Occupation Tax | 26 |
| Act, does not hold a resale
number under Section 2c of the | 27 |
| Retailers' Occupation Tax Act, and does not
hold an exemption | 28 |
| number under Section 1g of the Retailers' Occupation
Tax Act.
| 29 |
| The applicant shall also submit proof of adequate dram shop
| 30 |
| insurance for the special event prior to being issued a | 31 |
| license.
| 32 |
| In addition to the foregoing information, such application | 33 |
| shall
contain such other and further information as the State | 34 |
| Commission and
the local commission may, by rule or regulation | 35 |
| not inconsistent with
law, prescribe.
| 36 |
| If the applicant reports a felony conviction as required |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| under
paragraph (21) of this Section, such conviction may be | 2 |
| considered by the
Commission in determining qualifications for | 3 |
| licensing, but shall not
operate as a bar to licensing.
| 4 |
| If said application is made in behalf of a partnership, | 5 |
| firm,
association, club or corporation, then the same shall be | 6 |
| signed by one
member of such partnership or the president or
| 7 |
| secretary of
such corporation or an authorized agent of said
| 8 |
| partnership or corporation.
| 9 |
| All other applications shall be on forms prescribed by
the | 10 |
| State Commission, and which may exclude any of the above | 11 |
| requirements which
the State Commission rules to be | 12 |
| inapplicable.
| 13 |
| (Source: P.A. 90-596, eff. 6-24-98; 91-357, eff. 7-29-99.)
| 14 |
| (235 ILCS 5/7-6) (from Ch. 43, par. 150)
| 15 |
| Sec. 7-6. All proceedings for the revocation or suspension | 16 |
| of licenses
of manufacturers, distributors, beer and wine | 17 |
| distributors, importing distributors, beer and wine importing | 18 |
| distributors, non-resident dealers,
foreign
importers, | 19 |
| non-beverage users, railroads, airplanes and boats shall be
| 20 |
| before the State Commission. All such proceedings and all | 21 |
| proceedings
for the revocation or suspension of a retailer's | 22 |
| license before the
State commission shall be in accordance with | 23 |
| rules and regulations
established by it not inconsistent with | 24 |
| law. However, no such license
shall be so revoked or suspended | 25 |
| except after a hearing by the State
commission with reasonable | 26 |
| notice to the licensee served by registered
or certified mail | 27 |
| with return receipt requested at least 10 days
prior to
the | 28 |
| hearings at the last known place of business of the licensee | 29 |
| and
after an opportunity to appear and defend. Such notice | 30 |
| shall
specify the
time and place of the hearing, the nature of | 31 |
| the charges, the
specific provisions of the Act and rules | 32 |
| violated, and the specific facts
supporting the charges or | 33 |
| violation. The
findings of the Commission shall be predicated | 34 |
| upon competent evidence.
The revocation of a local license | 35 |
| shall automatically result in the
revocation of a State |
|
|
|
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LRB093 18566 LRD 44287 b |
|
| 1 |
| license.
Upon notification by the Illinois Department of | 2 |
| Revenue, the State
Commission shall revoke any license issued | 3 |
| by it if the licensee has
violated the
provisions of Section 3 | 4 |
| of the Retailers' Occupation Tax Act.
All procedures for the | 5 |
| suspension or revocation
of a license, as enumerated above, are | 6 |
| applicable to the levying of fines
for violations of this Act | 7 |
| or any rule or regulation issued pursuant thereto.
| 8 |
| (Source: P.A. 93-22, eff. 6-20-03.)
| 9 |
| (235 ILCS 5/8-1) (from Ch. 43, par. 158)
| 10 |
| Sec. 8-1. A tax is imposed upon the privilege of engaging | 11 |
| in business as a
manufacturer ,
or as an importing distributor ,
| 12 |
| or beer and wine importing distributor of alcoholic liquor | 13 |
| other than beer
at the rate of $0.185 per gallon for cider | 14 |
| containing not less than
0.5% alcohol by volume nor more than | 15 |
| 7% alcohol by volume, $0.73
per gallon for wine other than
| 16 |
| cider containing less than 7% alcohol by volume, and $4.50
per | 17 |
| gallon on alcohol and spirits manufactured and sold or used by | 18 |
| such
manufacturer, or as agent for any other person, or sold or | 19 |
| used by such
importing distributor or beer and wine | 20 |
| distributor , or as agent for any other person. A tax is imposed
| 21 |
| upon the privilege of engaging in business as a manufacturer of | 22 |
| beer or as an
importing distributor or beer and wine importing | 23 |
| distributor of beer at the rate of $0.185 per gallon on
all | 24 |
| beer manufactured and sold or used by such manufacturer, or as | 25 |
| agent for
any other person, or sold or used by such importing | 26 |
| distributor or beer and wine importing distributor , or as agent
| 27 |
| for any other person. Any brewer manufacturing beer in this | 28 |
| State shall be
entitled to and given a credit or refund of 75% | 29 |
| of the tax imposed on each
gallon of beer up to 4.9 million | 30 |
| gallons per year in any given calendar year
for tax paid or | 31 |
| payable on beer produced and sold in the State of Illinois.
| 32 |
| For the purpose of this Section, "cider" means any | 33 |
| alcoholic beverage
obtained by the alcohol fermentation of the | 34 |
| juice of apples or pears
including, but not limited to, | 35 |
| flavored, sparkling, or carbonated cider.
|
|
|
|
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LRB093 18566 LRD 44287 b |
|
| 1 |
| The credit or refund created by this Act shall apply to all | 2 |
| beer taxes
in the calendar years 1982 through 1986.
| 3 |
| The increases made by this amendatory Act of the 91st | 4 |
| General Assembly in
the rates of taxes imposed under this | 5 |
| Section shall apply beginning on July
1, 1999.
| 6 |
| A tax at the rate of 1¢ per gallon on beer and 48¢ per | 7 |
| gallon on
alcohol and spirits is also imposed upon the | 8 |
| privilege of engaging in
business as a retailer or as a | 9 |
| distributor who is not also an importing
distributor with | 10 |
| respect to all beer and all alcohol and spirits owned
or | 11 |
| possessed by such retailer or distributor when this amendatory | 12 |
| Act of
1969 becomes effective, and with respect to which the | 13 |
| additional tax
imposed by this amendatory Act upon | 14 |
| manufacturers and importing
distributors does not apply. | 15 |
| Retailers and distributors who are subject
to the additional | 16 |
| tax imposed by this paragraph of this Section shall be
required | 17 |
| to inventory such alcoholic liquor and to pay this additional
| 18 |
| tax in a manner prescribed by the Department.
| 19 |
| The provisions of this Section shall be construed to apply | 20 |
| to any
importing distributor or beer and wine importing | 21 |
| distributor engaging in business in this State, whether
| 22 |
| licensed or not.
| 23 |
| However, such tax is not imposed upon any such business as | 24 |
| to any
alcoholic liquor shipped outside Illinois by an Illinois | 25 |
| licensed
manufacturer ,
or importing distributor, or beer and | 26 |
| wine importing distributor, nor as to any alcoholic liquor
| 27 |
| delivered in Illinois by an Illinois licensed manufacturer ,
or
| 28 |
| importing
distributor , or beer and wine importing distributor
| 29 |
| to a purchaser for immediate transportation by the purchaser
to | 30 |
| another state into which the purchaser has a legal right, under | 31 |
| the
laws of such state, to import such alcoholic liquor, nor as | 32 |
| to any
alcoholic liquor other than beer sold by one Illinois | 33 |
| licensed
manufacturer ,
or importing distributor , or beer and | 34 |
| wine importing distributor to another Illinois licensed
| 35 |
| manufacturer ,
or importing distributor , or beer and wine | 36 |
| importing distributor to the extent to which the sale of
|
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| alcoholic liquor other than beer by one Illinois licensed | 2 |
| manufacturer ,
or importing distributor , or beer and wine | 3 |
| importing distributor to another Illinois licensed | 4 |
| manufacturer ,
or
importing distributor , or beer and wine | 5 |
| importing distributor is authorized by the licensing | 6 |
| provisions of this
Act, nor to alcoholic liquor whether | 7 |
| manufactured in or imported into
this State when sold to a | 8 |
| "non-beverage user" licensed by the State for
use in the | 9 |
| manufacture of any of the following when they are unfit for
| 10 |
| beverage purposes:
| 11 |
| Patent and proprietary medicines and medicinal, | 12 |
| antiseptic, culinary
and toilet preparations;
| 13 |
| Flavoring extracts and syrups and food products;
| 14 |
| Scientific, industrial and chemical products, excepting | 15 |
| denatured
alcohol;
| 16 |
| Or for scientific, chemical, experimental or mechanical | 17 |
| purposes;
| 18 |
| Nor is the tax imposed upon the privilege of engaging in | 19 |
| any business
in interstate commerce or otherwise, which | 20 |
| business may not, under the
Constitution and Statutes of the | 21 |
| United States, be made the subject of
taxation by this State.
| 22 |
| The tax herein imposed shall be in addition to all other | 23 |
| occupation
or privilege taxes imposed by the State of Illinois | 24 |
| or political
subdivision thereof.
| 25 |
| If any alcoholic liquor manufactured in or imported into | 26 |
| this State
is sold to a licensed manufacturer ,
or importing | 27 |
| distributor , or beer and wine importing distributor by a
| 28 |
| licensed manufacturer ,
or importing distributor , or beer and | 29 |
| wine importing distributor to be used solely as an
ingredient | 30 |
| in the manufacture of any beverage for human consumption, the
| 31 |
| tax imposed upon such purchasing manufacturer ,
or importing | 32 |
| distributor , or beer and wine importing distributor
shall be | 33 |
| reduced by the amount of the taxes which have been paid by the
| 34 |
| selling manufacturer ,
or importing distributor , or beer and | 35 |
| wine importing distributor under this Act as to such
alcoholic | 36 |
| liquor so used to the Department of Revenue.
|
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| If any person received any alcoholic liquors from a | 2 |
| manufacturer , or
importing distributor, or beer and wine | 3 |
| importing distributor, with respect to which alcoholic liquors | 4 |
| no tax is
imposed under this Article, and such alcoholic liquor | 5 |
| shall thereafter
be disposed of in such manner or under such | 6 |
| circumstances as may cause
the same to become the base for the | 7 |
| tax imposed by this Article, such
person shall make the same | 8 |
| reports and returns, pay the same taxes and
be subject to all | 9 |
| other provisions of this Article relating to
manufacturers ,
and
| 10 |
| importing distributors , or beer and wine importing | 11 |
| distributors .
| 12 |
| Nothing in this Article shall be construed to require the | 13 |
| payment to
the Department of the taxes imposed by this Article | 14 |
| more than once with
respect to any quantity of alcoholic liquor | 15 |
| sold or used within this
State.
| 16 |
| No tax is imposed by this Act on sales of alcoholic liquor | 17 |
| by
Illinois licensed foreign importers to Illinois licensed | 18 |
| importing
distributors or beer and wine importing | 19 |
| distributors .
| 20 |
| (Source: P.A. 90-625, eff. 7-10-98; 91-38, eff. 6-15-99.)
| 21 |
| (235 ILCS 5/8-2) (from Ch. 43, par. 159)
| 22 |
| Sec. 8-2. It is the duty of each manufacturer with respect | 23 |
| to alcoholic
liquor produced or imported by such manufacturer, | 24 |
| or purchased tax-free by
such manufacturer from another | 25 |
| manufacturer or from an importing
distributor or beer and wine | 26 |
| importing distributor , and of each importing distributor and | 27 |
| beer and wine importing distributor as to alcoholic liquor
| 28 |
| purchased by such importing distributor or beer and wine | 29 |
| importing distributor from foreign importers or from
anyone | 30 |
| from any point in the United States outside of this State or
| 31 |
| purchased tax-free from another manufacturer or from an
| 32 |
| importing
distributor or beer and wine importing distributor , | 33 |
| to pay the tax imposed by Section 8-1 to the
Department of | 34 |
| Revenue on or before the 15th day of the calendar month
| 35 |
| following the calendar month in which such alcoholic liquor is |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| sold or used
by such manufacturer or by such importing | 2 |
| distributor or beer and wine importing distributor other than | 3 |
| in an
authorized tax-free manner or to pay that tax | 4 |
| electronically as provided in
this Section.
| 5 |
| Each manufacturer ,
and each importing distributor , and | 6 |
| beer and wine importing distributor shall
make payment under | 7 |
| one of the following methods: (1) on or before the
15th day of | 8 |
| each calendar month, file in person or by United States
| 9 |
| first-class
mail, postage pre-paid,
with the Department of | 10 |
| Revenue, on
forms prescribed and furnished by the Department, a | 11 |
| report in writing in
such form as may be required by the | 12 |
| Department in order to compute, and
assure the accuracy of, the | 13 |
| tax due on all taxable sales and uses of
alcoholic liquor | 14 |
| occurring during the preceding month. Payment of the tax
in the | 15 |
| amount disclosed by the report shall accompany the report or, | 16 |
| (2) on
or
before the 15th day of each calendar month, | 17 |
| electronically file with the
Department of Revenue, on forms | 18 |
| prescribed and furnished by the Department, an
electronic | 19 |
| report in such form as may be required by the Department in | 20 |
| order to
compute,
and assure the accuracy of, the tax due on | 21 |
| all taxable sales and uses of
alcoholic liquor
occurring during | 22 |
| the preceding month. An electronic payment of the tax in the
| 23 |
| amount
disclosed by the report shall accompany the report. A | 24 |
| manufacturer ,
or
distributor , or beer and wine distributor, who
| 25 |
| files an electronic report and electronically pays the tax | 26 |
| imposed pursuant to
Section 8-1
to the Department of Revenue on | 27 |
| or before the 15th day of the calendar month
following
the | 28 |
| calendar month in which such alcoholic liquor is sold or used | 29 |
| by that
manufacturer ,
or
importing distributor , or beer and | 30 |
| wine importing distributor other than in an authorized tax-free | 31 |
| manner shall pay to
the
Department the amount of the tax | 32 |
| imposed pursuant to Section 8-1, less a
discount
which is | 33 |
| allowed to reimburse the manufacturer ,
or importing | 34 |
| distributor , or beer and wine importing distributor for the
| 35 |
| expenses incurred in keeping and maintaining records, | 36 |
| preparing and filing the
electronic
returns, remitting the tax, |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| and supplying data to the Department upon
request.
| 2 |
| The discount shall be in an amount as follows:
| 3 |
| (1) For original returns due on or after January 1, | 4 |
| 2003 through
September 30, 2003, the discount shall be | 5 |
| 1.75% or $1,250 per return, whichever
is less;
| 6 |
| (2) For original returns due on or after October 1, | 7 |
| 2003 through September
30, 2004, the discount shall be 2% | 8 |
| or $3,000 per return, whichever is less; and
| 9 |
| (3) For original returns due on or after October 1, | 10 |
| 2004, the discount
shall
be 2% or $2,000 per return, | 11 |
| whichever is less.
| 12 |
| The Department may, if it deems it necessary in order to | 13 |
| insure the
payment of the tax imposed by this Article, require | 14 |
| returns to be made
more frequently than and covering periods of | 15 |
| less than a month. Such return
shall contain such further | 16 |
| information as the Department may reasonably
require.
| 17 |
| It shall be presumed that all alcoholic liquors acquired or | 18 |
| made by any
importing distributor , beer and wine importing | 19 |
| distributor, or manufacturer have been sold or used by him in | 20 |
| this
State and are the basis for the tax imposed by this | 21 |
| Article unless proven,
to the satisfaction of the Department, | 22 |
| that such alcoholic liquors are (1)
still in the possession of | 23 |
| such importing distributor , beer and wine importing | 24 |
| distributor, or manufacturer, or
(2) prior to the termination | 25 |
| of possession have been lost by theft or
through unintentional | 26 |
| destruction, or (3) that such alcoholic liquors are
otherwise | 27 |
| exempt from taxation under this Act.
| 28 |
| The Department may require any foreign importer to file | 29 |
| monthly
information returns, by the 15th day of the month | 30 |
| following the month which
any such return covers, if the | 31 |
| Department determines this to be necessary
to the proper | 32 |
| performance of the Department's functions and duties under
this | 33 |
| Act. Such return shall contain such information as the | 34 |
| Department may
reasonably require.
| 35 |
| Every manufacturer ,
and importing distributor , and beer | 36 |
| and wine importing distributor shall also file, with the
|
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| Department, a bond in an amount not less than $1,000 and not to | 2 |
| exceed
$100,000 on a form to be approved by, and with a surety | 3 |
| or sureties
satisfactory to, the Department. Such bond shall be | 4 |
| conditioned upon the
manufacturer ,
or importing distributor , | 5 |
| or beer and wine importing distributor paying to the Department | 6 |
| all monies
becoming due from such manufacturer ,
or importing | 7 |
| distributor , or beer and wine importing distributor under this
| 8 |
| Article. The Department shall fix the penalty of such bond in | 9 |
| each case,
taking into consideration the amount of alcoholic | 10 |
| liquor expected to be
sold and used by such manufacturer ,
or
| 11 |
| importing distributor, or beer and wine importing distributor,
| 12 |
| and the
penalty fixed by the Department shall be sufficient, in | 13 |
| the Department's
opinion, to protect the State of Illinois | 14 |
| against failure to pay any amount
due under this Article, but | 15 |
| the amount of the penalty fixed by the
Department shall not | 16 |
| exceed twice the amount of tax liability of a monthly
return, | 17 |
| nor shall the amount of such penalty be less than $1,000. The
| 18 |
| Department shall notify the Commission of the Department's | 19 |
| approval or
disapproval of any such manufacturer's ,
or
| 20 |
| importing distributor's , or beer and wine importing | 21 |
| distributor's bond, or
of the termination or cancellation of | 22 |
| any such bond, or of the Department's
direction to a | 23 |
| manufacturer ,
or importing distributor , or beer and wine | 24 |
| importing distributor that he must file
additional bond in | 25 |
| order to comply with this Section. The Commission shall
not | 26 |
| issue a license to any applicant for a manufacturer's license,
| 27 |
| or importing
distributor's license , or beer and wine importing | 28 |
| distributor's license unless the Commission has received a | 29 |
| notification
from the Department showing that such applicant | 30 |
| has filed a satisfactory
bond with the Department hereunder and | 31 |
| that such bond has been approved by
the Department. Failure by | 32 |
| any licensed manufacturer ,
or importing
distributor , or beer | 33 |
| and wine importing distributor to keep a satisfactory bond in | 34 |
| effect with the Department or to
furnish additional bond to the | 35 |
| Department, when required hereunder by the
Department to do so, | 36 |
| shall be grounds for the revocation or suspension of
such |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| manufacturer's ,
or importing distributor's , or beer and wine | 2 |
| importing distributor's license by the Commission.
If a | 3 |
| manufacturer ,
or importing distributor , or beer and wine | 4 |
| importing distributor fails to pay any amount due
under this | 5 |
| Article, his bond with the Department shall be deemed | 6 |
| forfeited,
and the Department may institute a suit in its own | 7 |
| name on such bond.
| 8 |
| After notice and opportunity for a hearing the State | 9 |
| Commission may
revoke or suspend the license of any | 10 |
| manufacturer ,
or importing distributor , or beer and wine | 11 |
| importing distributor
who fails to comply with the provisions | 12 |
| of this Section. Notice of such
hearing and the time and place | 13 |
| thereof shall be in writing and shall
contain a statement of | 14 |
| the charges against the licensee. Such notice may be
given by | 15 |
| United States registered or certified mail with return receipt
| 16 |
| requested, addressed to the person concerned at his last known | 17 |
| address and
shall be given not less than 7 days prior to the | 18 |
| date fixed for the
hearing. An order revoking or suspending a | 19 |
| license under the provisions of
this Section may be reviewed in | 20 |
| the manner provided in Section 7-10
of this Act. No new license | 21 |
| shall be granted to a person
whose license has been revoked for | 22 |
| a violation of this Section or, in case
of suspension, shall | 23 |
| such suspension be terminated until he has paid to the
| 24 |
| Department all taxes and penalties which he owes the State | 25 |
| under the
provisions of this Act.
| 26 |
| Every manufacturer ,
or importing distributor , or beer and | 27 |
| wine importing distributor who has, as verified by
the | 28 |
| Department, continuously complied with the conditions of the | 29 |
| bond under
this Act for a period of 2 years shall be considered | 30 |
| to be a prior
continuous compliance taxpayer. In determining | 31 |
| the consecutive period of
time for qualification as a prior | 32 |
| continuous compliance taxpayer, any
consecutive period of time | 33 |
| of qualifying compliance immediately prior to
the effective | 34 |
| date of this amendatory Act of 1987 shall be credited to any
| 35 |
| manufacturer or importing distributor.
| 36 |
| Every prior continuous compliance taxpayer shall be exempt |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| from the bond
requirements of this Act until the Department has | 2 |
| determined the taxpayer
to be delinquent in the filing of any | 3 |
| return or deficient in the payment of
any tax under this Act. | 4 |
| Any taxpayer who fails to pay an admitted or
established | 5 |
| liability under this Act may also be required to post bond or
| 6 |
| other acceptable security with the Department guaranteeing the | 7 |
| payment of
such admitted or established liability.
| 8 |
| The Department shall discharge any surety and shall release | 9 |
| and return
any bond or security deposit assigned, pledged or | 10 |
| otherwise provided to it
by a taxpayer under this Section | 11 |
| within 30 days after: (1) such taxpayer
becomes a prior | 12 |
| continuous compliance taxpayer; or (2) such taxpayer has
ceased | 13 |
| to collect receipts on which he is required to remit tax to the
| 14 |
| Department, has filed a final tax return, and has paid to the | 15 |
| Department an
amount sufficient to discharge his remaining tax | 16 |
| liability as determined by
the Department under this Act.
| 17 |
| (Source: P.A. 92-393, eff. 1-1-03; 93-22, eff. 6-20-03.)
| 18 |
| (235 ILCS 5/8-5) (from Ch. 43, par. 163a)
| 19 |
| Sec. 8-5. As soon as practicable after any return is filed, | 20 |
| the Department
shall examine such return and shall correct such | 21 |
| return according to its
best judgment and information, which | 22 |
| return so corrected by the Department
shall be prima facie | 23 |
| correct and shall be prima facie evidence of the
correctness of | 24 |
| the amount of tax due, as shown therein. Instead of
requiring | 25 |
| the licensee to file an amended return, the Department may | 26 |
| simply
notify the licensee of the correction or corrections it | 27 |
| has made. Proof of
such correction by the Department, or of the | 28 |
| determination of the amount of
tax due as provided in Sections | 29 |
| 8-4 and 8-10, may be made at
any hearing before the Department | 30 |
| or in any legal proceeding by a
reproduced copy of the | 31 |
| Department's record relating thereto in the name of
the | 32 |
| Department under the certificate of the Director of Revenue. | 33 |
| Such
reproduced copy shall, without further proof, be admitted | 34 |
| into evidence
before the Department or in any legal proceeding | 35 |
| and shall be prima facie
proof of the correctness of the amount |
|
|
|
HB7032 |
- 69 - |
LRB093 18566 LRD 44287 b |
|
| 1 |
| of tax due, as shown therein. If the
return so corrected by the | 2 |
| Department discloses the sale or use, by a
licensed | 3 |
| manufacturer ,
or importing distributor, or beer and wine | 4 |
| importing distributor, of alcoholic liquors as to
which the tax | 5 |
| provided for in this Article should have been paid, but has
not | 6 |
| been paid, in excess of the alcoholic liquors reported as being | 7 |
| taxable
by the licensee, and as to which the proper tax was | 8 |
| paid the Department
shall notify the licensee that it shall | 9 |
| issue the taxpayer a notice of tax
liability for the amount of | 10 |
| tax claimed by the Department to be due,
together with | 11 |
| penalties at the rates prescribed by Sections 3-3, 3-5 and
3-6 | 12 |
| of the Uniform Penalty and Interest Act, which amount of tax | 13 |
| shall be
equivalent to the amount of tax which, at the | 14 |
| prescribed rate per gallon,
should have been paid with respect | 15 |
| to the alcoholic liquors disposed of in
excess of those | 16 |
| reported as being taxable. In a case where no return has
been | 17 |
| filed, the Department shall determine the amount of tax due | 18 |
| according
to its best judgment and information and shall issue | 19 |
| the taxpayer a notice
of tax liability for the amount of tax | 20 |
| claimed by the Department to be due
as herein provided together | 21 |
| with penalties at the rates prescribed by
Sections 3-3, 3-5 and | 22 |
| 3-6 of the Uniform Penalty and Interest Act. If, in
| 23 |
| administering the provisions of this Act, a comparison of a | 24 |
| licensee's
return or returns with the books, records and | 25 |
| physical inventories of such
licensee discloses a deficiency | 26 |
| which cannot be allocated by the Department
to a particular | 27 |
| month or months, the Department shall issue the taxpayer a
| 28 |
| notice of tax liability for the amount of tax claimed by the | 29 |
| Department to
be due for a given period, but without any | 30 |
| obligation upon the Department
to allocate such deficiency to | 31 |
| any particular month or months, together
with penalties at the | 32 |
| rates prescribed by Sections 3-3, 3-5 and 3-6 of the
Uniform | 33 |
| Penalty and Interest Act, which amount of tax shall be | 34 |
| equivalent to
the amount of tax which, at the prescribed rate | 35 |
| per gallon, should have
been paid with respect to the alcoholic | 36 |
| liquors disposed of in excess of
those reported being taxable, |
|
|
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| 1 |
| with the tax thereon having been paid under
which circumstances | 2 |
| the aforesaid notice of tax liability shall be prima
facie | 3 |
| correct and shall be prima facie evidence of the correctness of | 4 |
| the
amount of tax due as shown therein; and proof of such | 5 |
| correctness may be
made in accordance with, and the | 6 |
| admissibility of a reproduced copy of such
notice of the | 7 |
| Department's notice of tax liability shall be governed by,
all | 8 |
| the provisions of this Act applicable to corrected returns.
| 9 |
| If the licensee dies or becomes a person under legal | 10 |
| disability
at any time before the Department issues its notice | 11 |
| of tax liability, such
notice shall be issued to the | 12 |
| administrator, executor or other legal
representative, as | 13 |
| such, of the deceased or licensee who is under legal
| 14 |
| disability.
| 15 |
| If such licensee or legal representative, within 60 days | 16 |
| after such
notice of tax liability, files a protest to such | 17 |
| notice of tax liability
and requests a hearing thereon, the | 18 |
| Department shall give at least 7 days'
notice to such licensee | 19 |
| or legal representative, as the case may be, of the
time and | 20 |
| place fixed for such hearing and shall hold a hearing in
| 21 |
| conformity with the provisions of this Act, and pursuant | 22 |
| thereto shall
issue a final assessment to such licensee or | 23 |
| legal representative for the
amount found to be due as a result | 24 |
| of such hearing.
| 25 |
| If a protest to the notice of tax liability and a request | 26 |
| for a hearing
thereon is not filed within 60 days after such | 27 |
| notice of tax liability,
such notice of tax liability shall | 28 |
| become final without the necessity of a
final assessment being | 29 |
| issued and shall be deemed to be a final assessment.
| 30 |
| In case of failure to pay the tax, or any portion thereof, | 31 |
| or any
penalty provided for herein, when due, the Department | 32 |
| may recover the
amount of such tax, or portion thereof, or | 33 |
| penalty in a civil action; or if
the licensee dies or becomes a | 34 |
| person under legal disability, by filing a
claim therefor | 35 |
| against his or her estate; provided that no such claim shall
be | 36 |
| filed against the estate of any deceased or of the licensee who |
|
|
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| 1 |
| is under
legal disability for any tax or penalty or portion | 2 |
| thereof except in the
manner prescribed and within the time | 3 |
| limited by the Probate Act of 1975,
as amended.
| 4 |
| The collection of any such tax and penalty, or either, by | 5 |
| any means
provided for herein, shall not be a bar to any | 6 |
| prosecution under this Act.
| 7 |
| In addition to any other penalty provided for in this | 8 |
| Article, any
licensee who fails to pay any tax within the time | 9 |
| required by this Article
shall be subject to assessment of | 10 |
| penalties and interest at rates set
forth in the Uniform | 11 |
| Penalty and Interest Act.
| 12 |
| (Source: P.A. 87-205; 87-879 .)
| 13 |
| (235 ILCS 5/8-10) (from Ch. 43, par. 164)
| 14 |
| Sec. 8-10. It is the duty of each manufacturer, importing | 15 |
| distributor , or beer and wine importing distributor,
and | 16 |
| foreign importer to keep, at his licensed address or place of | 17 |
| business,
complete and accurate records of all sales or other | 18 |
| dispositions of
alcoholic liquor, and complete and accurate | 19 |
| records of all alcoholic liquor
produced, manufactured, | 20 |
| compounded or imported, whether for himself or for
another, | 21 |
| together with a physical inventory made as of the close of each
| 22 |
| period for which a return is required, covering all alcoholic | 23 |
| liquors on
hand. The Department of Revenue may in its | 24 |
| discretion prescribe reasonable
and uniform methods for | 25 |
| keeping such records by manufacturers ,
and importing
| 26 |
| distributors , beer and wine importing distributors, and | 27 |
| foreign importers.
| 28 |
| In case of failure by manufacturers ,
and importing | 29 |
| distributors , and beer and wine importing distributors to keep
| 30 |
| such records or to make them available to the Department on | 31 |
| demand, the
Department shall determine the amount of tax due | 32 |
| according to its best
judgment and information, which amount so | 33 |
| determined by the Department
shall be prima facie correct, and | 34 |
| the Department's notice of tax liability
shall be given, and | 35 |
| protest thereto and demand for a hearing may be made
and final |
|
|
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| 1 |
| assessments arrived at, in accordance with the provisions of
| 2 |
| Section 8-5 hereof.
| 3 |
| It is the duty of each manufacturer, importing distributor , | 4 |
| or beer and wine importing distributor, and foreign
importer, | 5 |
| who imports alcoholic liquor into the State, and each | 6 |
| non-resident
dealer who ships alcoholic liquor into the State, | 7 |
| to mail to the
Department one duplicate invoice, together with | 8 |
| a bill of lading, covering
such shipment and stating the | 9 |
| quantity and, except in the case of alcoholic
liquor imported | 10 |
| in bulk to be bottled by an authorized licensee in this
State | 11 |
| using his own label and brand, the invoice shall also state the
| 12 |
| brand, labels and size of containers.
| 13 |
| It is the duty of each manufacturer, importing distributor | 14 |
| and foreign
importer, who imports spirits into the State, and | 15 |
| each non-resident
dealer who ships spirits into the State, to | 16 |
| mail to the State Commission
monthly a report containing a | 17 |
| compilation of the information required to
be furnished to the | 18 |
| Department by the preceding paragraph, except that
information | 19 |
| concerning spirits imported in bulk need not be included. The
| 20 |
| report shall include all information mailed to the Department | 21 |
| during the
preceding month.
| 22 |
| All books and records, which manufacturers, importing | 23 |
| distributors, beer and wine importing distributors,
| 24 |
| non-resident dealers and foreign importers are required by this | 25 |
| Section to
keep, shall be preserved for a period of 3 years, | 26 |
| unless the Department, in
writing, authorizes their | 27 |
| destruction or disposal at an earlier date.
| 28 |
| (Source: P.A. 86-654.)
| 29 |
| (235 ILCS 5/9-13) (from Ch. 43, par. 176)
| 30 |
| Sec. 9-13. It is unlawful to sell alcoholic liquor at | 31 |
| retail
or to grant or
issue, or cause to be granted or issued, | 32 |
| any license to sell alcoholic
liquor at retail within the | 33 |
| limits of any political subdivision or precinct
or at any | 34 |
| premises
while the prohibition against such sales is in effect, | 35 |
| or to sell at retail
alcoholic liquor other than beer |
|
|
|
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LRB093 18566 LRD 44287 b |
|
| 1 |
| containing not more than 4% of alcohol by
weight, or to grant | 2 |
| or issue or cause to be granted any license to sell
such | 3 |
| alcoholic liquor at retail within the limits of such political
| 4 |
| subdivision or precinct while the prohibition against such | 5 |
| sales is in
effect, or to sell at retail alcoholic liquor | 6 |
| containing more than 4% of
alcohol by weight except in the | 7 |
| original package and not for consumption on
the premises, or to | 8 |
| grant or issue or cause to be granted or issued any
license to | 9 |
| sell such alcoholic liquor at retail within the limits of such
| 10 |
| political subdivision or precinct while the prohibition | 11 |
| against such sales
is in effect. If any such license be granted | 12 |
| or issued in violation of this
Section
section , the license | 13 |
| shall be void. This Section
section shall not prohibit the
| 14 |
| issuance of and operation under a manufacturer's ,
or
| 15 |
| distributor's , beer and wine distributor's,
or
importing | 16 |
| distributor's , or beer and wine importing distributor's
| 17 |
| license in accordance with law.
| 18 |
| (Source: P.A. 86-861.)
| 19 |
| (235 ILCS 5/10-1) (from Ch. 43, par. 183)
| 20 |
| Sec. 10-1. Violations; penalties. Whereas a substantial | 21 |
| threat
to the sound and careful control, regulation, and | 22 |
| taxation of the
manufacture, sale, and distribution of | 23 |
| alcoholic liquors exists by virtue
of individuals who | 24 |
| manufacture,
import, distribute, or sell alcoholic liquors | 25 |
| within the State without
having first obtained a valid license | 26 |
| to do so, and whereas such threat is
especially serious along | 27 |
| the borders of this State, and whereas such threat
requires | 28 |
| immediate correction by this Act, by active investigation and
| 29 |
| prosecution by law enforcement officials and prosecutors, and | 30 |
| by prompt and
strict enforcement through the courts of this | 31 |
| State to punish violators and
to deter such conduct in the | 32 |
| future:
| 33 |
| (a) Any person who manufactures, imports
for distribution | 34 |
| or use, or distributes or sells alcoholic liquor at any
place | 35 |
| within the State without having first obtained a valid license |
|
|
|
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LRB093 18566 LRD 44287 b |
|
| 1 |
| to do
so under the provisions of this Act shall be guilty of a | 2 |
| business offense
and fined not more than $1,000 for the first | 3 |
| such offense and shall be
guilty of a Class 4 felony for each | 4 |
| subsequent offense.
| 5 |
| (b) (1) Any retailer, licensed in this State, who knowingly | 6 |
| causes to
furnish,
give, sell, or otherwise being within the | 7 |
| State, any alcoholic liquor destined
to be used, distributed, | 8 |
| consumed or sold in another state, unless such
alcoholic liquor | 9 |
| was received in this State by a duly licensed distributor, beer | 10 |
| and wine distributor,
or importing distributor, or beer and | 11 |
| wine importing distributor
distributors shall have his license | 12 |
| suspended for 7 days for
the first offense and for the second | 13 |
| offense, shall have his license
revoked by the Commission.
| 14 |
| (2) In the event the Commission receives a certified copy | 15 |
| of a final order
from a foreign jurisdiction that an Illinois | 16 |
| retail licensee has been found to
have violated that foreign | 17 |
| jurisdiction's laws, rules, or regulations
concerning the | 18 |
| importation of alcoholic liquor into that foreign | 19 |
| jurisdiction,
the violation may be grounds for the Commission | 20 |
| to revoke, suspend, or refuse
to
issue or renew a license, to | 21 |
| impose a fine, or to take any additional action
provided by | 22 |
| this Act with respect to the Illinois retail license or | 23 |
| licensee.
Any such action on the part of the Commission shall | 24 |
| be in accordance with this
Act and implementing rules.
| 25 |
| For the purposes of paragraph (2): (i) "foreign | 26 |
| jurisdiction" means a
state, territory, or possession of the | 27 |
| United States, the District of Columbia,
or the Commonwealth of | 28 |
| Puerto Rico, and (ii) "final order" means an order or
judgment | 29 |
| of a court or administrative body that determines the rights of | 30 |
| the
parties respecting the subject matter of the proceeding, | 31 |
| that remains in full
force and effect, and from which no appeal | 32 |
| can be taken.
| 33 |
| (c) Any person who shall make any false statement or | 34 |
| otherwise
violates any of the provisions of this Act in | 35 |
| obtaining any license
hereunder, or who having obtained a | 36 |
| license hereunder shall violate any
of the provisions of this |
|
|
|
HB7032 |
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LRB093 18566 LRD 44287 b |
|
| 1 |
| Act with respect to the manufacture,
possession, distribution | 2 |
| or sale of alcoholic liquor, or with respect to
the maintenance | 3 |
| of the licensed premises, or shall violate any other
provision | 4 |
| of this Act, shall for a first offense be guilty of a petty
| 5 |
| offense and fined not more than $500, and for a second or | 6 |
| subsequent
offense shall be guilty of a Class B misdemeanor.
| 7 |
| (d) Each day any person engages in business as a | 8 |
| manufacturer,
foreign importer, importing distributor, beer | 9 |
| and wine importing distributor, distributor , beer and wine | 10 |
| distributor, or retailer in
violation of the provisions of this | 11 |
| Act shall constitute a separate offense.
| 12 |
| (e) Any person, under the age of 21 years who, for the | 13 |
| purpose
of buying, accepting or receiving alcoholic liquor from | 14 |
| a
licensee, represents that he is 21 years of age or over shall | 15 |
| be guilty
of a Class A misdemeanor.
| 16 |
| (f) In addition to the penalties herein provided, any | 17 |
| person
licensed as a wine-maker in either class who | 18 |
| manufactures more wine than
authorized by his license shall be | 19 |
| guilty of a business offense and shall be
fined $1 for each | 20 |
| gallon so manufactured.
| 21 |
| (g) A person shall be exempt from prosecution for a | 22 |
| violation of this
Act if he is a peace officer in the | 23 |
| enforcement of the criminal laws and
such activity is approved | 24 |
| in writing by one of the following:
| 25 |
| (1) In all counties, the respective State's Attorney;
| 26 |
| (2) The Director of State Police under
Section 2605-10, | 27 |
| 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,
2605-115, | 28 |
| 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, | 29 |
| 2605-205, 2605-210,
2605-215, 2605-250, 2605-275, | 30 |
| 2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
| 31 |
| 2605-340,
2605-350, 2605-355, 2605-360, 2605-365, | 32 |
| 2605-375, 2605-390, 2605-400, 2605-405,
2605-420,
| 33 |
| 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the | 34 |
| Department of State
Police Law (20 ILCS 2605/2605-10, | 35 |
| 2605/2605-15, 2605/2605-75,
2605/2605-100, 2605/2605-105, | 36 |
| 2605/2605-110, 2605/2605-115,
2605/2605-120, |
|
|
|
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LRB093 18566 LRD 44287 b |
|
| 1 |
| 2605/2605-130, 2605/2605-140, 2605/2605-190, | 2 |
| 2605/2605-200,
2605/2605-205, 2605/2605-210, | 3 |
| 2605/2605-215, 2605/2605-250, 2605/2605-275,
| 4 |
| 2605/2605-300,
2605/2605-305, 2605/2605-315, | 5 |
| 2605/2605-325, 2605/2605-335, 2605/2605-340,
| 6 |
| 2605/2605-350, 2605/2605-355, 2605/2605-360,
| 7 |
| 2605/2605-365, 2605/2605-375, 2605/2605-390,
| 8 |
| 2605/2605-400, 2605/2605-405, 2605/2605-420, | 9 |
| 2605/2605-430, 2605/2605-435,
2605/2605-500, | 10 |
| 2605/2605-525, or 2605/2605-550); or
| 11 |
| (3) In cities over 1,000,000, the Superintendent of | 12 |
| Police.
| 13 |
| (Source: P.A. 90-739, eff. 8-13-98; 91-239, eff. 1-1-00.)
| 14 |
| (235 ILCS 5/10-7.1) (from Ch. 43, par. 189.1)
| 15 |
| Sec. 10-7.1. The Commission, upon receipt of a complaint or | 16 |
| upon having
knowledge that any
person is engaged in the | 17 |
| business as a manufacturer, importing distributor, beer and | 18 |
| wine importing distributor,
distributor , beer and wine | 19 |
| distributor, or retailer without a license or valid license, | 20 |
| shall notify
the Department of Revenue and the local liquor | 21 |
| authority, and file a
complaint with the State's Attorney's
| 22 |
| Office of the County where the incident occurred or initiate an
| 23 |
| investigation with the appropriate
law enforcement officials.
| 24 |
| (Source: P.A. 90-739, eff. 8-13-98.)
|
|