99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4486

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/1-3.35
235 ILCS 5/5-1  from Ch. 43, par. 115
235 ILCS 5/6-4  from Ch. 43, par. 121

    Amends the Liquor Control Act of 1934. Provides that a craft distiller license allows the manufacture of up to 100,000 gallons (instead of 35,000 gallons) of spirits by distillation per year and the storage of those spirits. Provides that a craft distiller licensee that is not affiliated with any other manufacturer may sell up to 5,000 gallons (instead of 2,500 gallons) of spirits to non-licensees. Authorizes a craft distiller to obtain a special use permit license. Makes conforming changes. Effective immediately.


LRB099 15765 RPS 40069 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4486LRB099 15765 RPS 40069 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 1-3.35, 5-1, and 6-4 as follows:
 
6    (235 ILCS 5/1-3.35)
7    Sec. 1-3.35. Special use permit license. "Special use
8permit license" means a license for use by a retailer or craft
9distiller to allow for the transfer of alcoholic beverages from
10an existing licensed retail premises to a designated site for a
11specific event.
12(Source: P.A. 88-91; 89-250, eff. 1-1-96.)
 
13    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
14    Sec. 5-1. Licenses issued by the Illinois Liquor Control
15Commission shall be of the following classes:
16    (a) Manufacturer's license - Class 1. Distiller, Class 2.
17Rectifier, Class 3. Brewer, Class 4. First Class Wine
18Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
19First Class Winemaker, Class 7. Second Class Winemaker, Class
208. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
2110. Class 1 Brewer, Class 11. Class 2 Brewer,
22    (b) Distributor's license,

 

 

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1    (c) Importing Distributor's license,
2    (d) Retailer's license,
3    (e) Special Event Retailer's license (not-for-profit),
4    (f) Railroad license,
5    (g) Boat license,
6    (h) Non-Beverage User's license,
7    (i) Wine-maker's premises license,
8    (j) Airplane license,
9    (k) Foreign importer's license,
10    (l) Broker's license,
11    (m) Non-resident dealer's license,
12    (n) Brew Pub license,
13    (o) Auction liquor license,
14    (p) Caterer retailer license,
15    (q) Special use permit license,
16    (r) Winery shipper's license.
17    No person, firm, partnership, corporation, or other legal
18business entity that is engaged in the manufacturing of wine
19may concurrently obtain and hold a wine-maker's license and a
20wine manufacturer's license.
21    (a) A manufacturer's license shall allow the manufacture,
22importation in bulk, storage, distribution and sale of
23alcoholic liquor to persons without the State, as may be
24permitted by law and to licensees in this State as follows:
25    Class 1. A Distiller may make sales and deliveries of
26alcoholic liquor to distillers, rectifiers, importing

 

 

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1distributors, distributors and non-beverage users and to no
2other licensees.
3    Class 2. A Rectifier, who is not a distiller, as defined
4herein, may make sales and deliveries of alcoholic liquor to
5rectifiers, importing distributors, distributors, retailers
6and non-beverage users and to no other licensees.
7    Class 3. A Brewer may make sales and deliveries of beer to
8importing distributors and distributors and may make sales as
9authorized under subsection (e) of Section 6-4 of this Act.
10    Class 4. A first class wine-manufacturer may make sales and
11deliveries of up to 50,000 gallons of wine to manufacturers,
12importing distributors and distributors, and to no other
13licensees.
14    Class 5. A second class Wine manufacturer may make sales
15and deliveries of more than 50,000 gallons of wine to
16manufacturers, importing distributors and distributors and to
17no other licensees.
18    Class 6. A first-class wine-maker's license shall allow the
19manufacture of up to 50,000 gallons of wine per year, and the
20storage and sale of such wine to distributors in the State and
21to persons without the State, as may be permitted by law. A
22person who, prior to June 1, 2008 (the effective date of Public
23Act 95-634) this amendatory Act of the 95th General Assembly,
24is a holder of a first-class wine-maker's license and annually
25produces more than 25,000 gallons of its own wine and who
26distributes its wine to licensed retailers shall cease this

 

 

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1practice on or before July 1, 2008 in compliance with Public
2Act 95-634 this amendatory Act of the 95th General Assembly.
3    Class 7. A second-class wine-maker's license shall allow
4the manufacture of between 50,000 and 150,000 gallons of wine
5per year, and the storage and sale of such wine to distributors
6in this State and to persons without the State, as may be
7permitted by law. A person who, prior to June 1, 2008 (the
8effective date of Public Act 95-634) this amendatory Act of the
995th General Assembly, is a holder of a second-class
10wine-maker's license and annually produces more than 25,000
11gallons of its own wine and who distributes its wine to
12licensed retailers shall cease this practice on or before July
131, 2008 in compliance with Public Act 95-634 this amendatory
14Act of the 95th General Assembly.
15    Class 8. A limited wine-manufacturer may make sales and
16deliveries not to exceed 40,000 gallons of wine per year to
17distributors, and to non-licensees in accordance with the
18provisions of this Act.
19    Class 9. A craft distiller license shall allow the
20manufacture of up to 100,000 30,000 gallons of spirits by
21distillation for one year after the effective date of this
22amendatory Act of the 97th General Assembly and up to 35,000
23gallons of spirits by distillation per year thereafter and the
24storage of such spirits. If a craft distiller licensee is not
25affiliated with any other manufacturer, then the craft
26distiller licensee may sell such spirits to distributors in

 

 

HB4486- 5 -LRB099 15765 RPS 40069 b

1this State and up to 5,000 2,500 gallons of such spirits to
2non-licensees to the extent permitted by any exemption approved
3by the Commission pursuant to Section 6-4 of this Act.
4    Any craft distiller licensed under this Act who on July 28,
52010 (the effective date of Public Act 96-1367) this amendatory
6Act of the 96th General Assembly was licensed as a distiller
7and manufactured no more spirits than permitted by this Section
8shall not be required to pay the initial licensing fee.
9    Class 10. A class 1 brewer license, which may only be
10issued to a licensed brewer or licensed non-resident dealer,
11shall allow the manufacture of up to 930,000 gallons of beer
12per year provided that the class 1 brewer licensee does not
13manufacture more than a combined 930,000 gallons of beer per
14year and is not a member of or affiliated with, directly or
15indirectly, a manufacturer that produces more than 930,000
16gallons of beer per year or any other alcoholic liquor. A class
171 brewer licensee may make sales and deliveries to importing
18distributors and distributors and to retail licensees in
19accordance with the conditions set forth in paragraph (18) of
20subsection (a) of Section 3-12 of this Act.
21    Class 11. A class 2 brewer license, which may only be
22issued to a licensed brewer or licensed non-resident dealer,
23shall allow the manufacture of up to 3,720,000 gallons of beer
24per year provided that the class 2 brewer licensee does not
25manufacture more than a combined 3,720,000 gallons of beer per
26year and is not a member of or affiliated with, directly or

 

 

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1indirectly, a manufacturer that produces more than 3,720,000
2gallons of beer per year or any other alcoholic liquor. A class
32 brewer licensee may make sales and deliveries to importing
4distributors and distributors, but shall not make sales or
5deliveries to any other licensee. If the State Commission
6provides prior approval, a class 2 brewer licensee may annually
7transfer up to 3,720,000 gallons of beer manufactured by that
8class 2 brewer licensee to the premises of a licensed class 2
9brewer wholly owned and operated by the same licensee.
10    (a-1) A manufacturer which is licensed in this State to
11make sales or deliveries of alcoholic liquor to licensed
12distributors or importing distributors and which enlists
13agents, representatives, or individuals acting on its behalf
14who contact licensed retailers on a regular and continual basis
15in this State must register those agents, representatives, or
16persons acting on its behalf with the State Commission.
17    Registration of agents, representatives, or persons acting
18on behalf of a manufacturer is fulfilled by submitting a form
19to the Commission. The form shall be developed by the
20Commission and shall include the name and address of the
21applicant, the name and address of the manufacturer he or she
22represents, the territory or areas assigned to sell to or
23discuss pricing terms of alcoholic liquor, and any other
24questions deemed appropriate and necessary. All statements in
25the forms required to be made by law or by rule shall be deemed
26material, and any person who knowingly misstates any material

 

 

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1fact under oath in an application is guilty of a Class B
2misdemeanor. Fraud, misrepresentation, false statements,
3misleading statements, evasions, or suppression of material
4facts in the securing of a registration are grounds for
5suspension or revocation of the registration. The State
6Commission shall post a list of registered agents on the
7Commission's website.
8    (b) A distributor's license shall allow the wholesale
9purchase and storage of alcoholic liquors and sale of alcoholic
10liquors to licensees in this State and to persons without the
11State, as may be permitted by law.
12    (c) An importing distributor's license may be issued to and
13held by those only who are duly licensed distributors, upon the
14filing of an application by a duly licensed distributor, with
15the Commission and the Commission shall, without the payment of
16any fee, immediately issue such importing distributor's
17license to the applicant, which shall allow the importation of
18alcoholic liquor by the licensee into this State from any point
19in the United States outside this State, and the purchase of
20alcoholic liquor in barrels, casks or other bulk containers and
21the bottling of such alcoholic liquors before resale thereof,
22but all bottles or containers so filled shall be sealed,
23labeled, stamped and otherwise made to comply with all
24provisions, rules and regulations governing manufacturers in
25the preparation and bottling of alcoholic liquors. The
26importing distributor's license shall permit such licensee to

 

 

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1purchase alcoholic liquor from Illinois licensed non-resident
2dealers and foreign importers only.
3    (d) A retailer's license shall allow the licensee to sell
4and offer for sale at retail, only in the premises specified in
5the license, alcoholic liquor for use or consumption, but not
6for resale in any form. Nothing in Public Act 95-634 this
7amendatory Act of the 95th General Assembly shall deny, limit,
8remove, or restrict the ability of a holder of a retailer's
9license to transfer, deliver, or ship alcoholic liquor to the
10purchaser for use or consumption subject to any applicable
11local law or ordinance. Any retail license issued to a
12manufacturer shall only permit the manufacturer to sell beer at
13retail on the premises actually occupied by the manufacturer.
14For the purpose of further describing the type of business
15conducted at a retail licensed premises, a retailer's licensee
16may be designated by the State Commission as (i) an on premise
17consumption retailer, (ii) an off premise sale retailer, or
18(iii) a combined on premise consumption and off premise sale
19retailer.
20    Notwithstanding any other provision of this subsection
21(d), a retail licensee may sell alcoholic liquors to a special
22event retailer licensee for resale to the extent permitted
23under subsection (e).
24    (e) A special event retailer's license (not-for-profit)
25shall permit the licensee to purchase alcoholic liquors from an
26Illinois licensed distributor (unless the licensee purchases

 

 

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1less than $500 of alcoholic liquors for the special event, in
2which case the licensee may purchase the alcoholic liquors from
3a licensed retailer) and shall allow the licensee to sell and
4offer for sale, at retail, alcoholic liquors for use or
5consumption, but not for resale in any form and only at the
6location and on the specific dates designated for the special
7event in the license. An applicant for a special event retailer
8license must (i) furnish with the application: (A) a resale
9number issued under Section 2c of the Retailers' Occupation Tax
10Act or evidence that the applicant is registered under Section
112a of the Retailers' Occupation Tax Act, (B) a current, valid
12exemption identification number issued under Section 1g of the
13Retailers' Occupation Tax Act, and a certification to the
14Commission that the purchase of alcoholic liquors will be a
15tax-exempt purchase, or (C) a statement that the applicant is
16not registered under Section 2a of the Retailers' Occupation
17Tax Act, does not hold a resale number under Section 2c of the
18Retailers' Occupation Tax Act, and does not hold an exemption
19number under Section 1g of the Retailers' Occupation Tax Act,
20in which event the Commission shall set forth on the special
21event retailer's license a statement to that effect; (ii)
22submit with the application proof satisfactory to the State
23Commission that the applicant will provide dram shop liability
24insurance in the maximum limits; and (iii) show proof
25satisfactory to the State Commission that the applicant has
26obtained local authority approval.

 

 

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1    (f) A railroad license shall permit the licensee to import
2alcoholic liquors into this State from any point in the United
3States outside this State and to store such alcoholic liquors
4in this State; to make wholesale purchases of alcoholic liquors
5directly from manufacturers, foreign importers, distributors
6and importing distributors from within or outside this State;
7and to store such alcoholic liquors in this State; provided
8that the above powers may be exercised only in connection with
9the importation, purchase or storage of alcoholic liquors to be
10sold or dispensed on a club, buffet, lounge or dining car
11operated on an electric, gas or steam railway in this State;
12and provided further, that railroad licensees exercising the
13above powers shall be subject to all provisions of Article VIII
14of this Act as applied to importing distributors. A railroad
15license shall also permit the licensee to sell or dispense
16alcoholic liquors on any club, buffet, lounge or dining car
17operated on an electric, gas or steam railway regularly
18operated by a common carrier in this State, but shall not
19permit the sale for resale of any alcoholic liquors to any
20licensee within this State. A license shall be obtained for
21each car in which such sales are made.
22    (g) A boat license shall allow the sale of alcoholic liquor
23in individual drinks, on any passenger boat regularly operated
24as a common carrier on navigable waters in this State or on any
25riverboat operated under the Riverboat Gambling Act, which boat
26or riverboat maintains a public dining room or restaurant

 

 

HB4486- 11 -LRB099 15765 RPS 40069 b

1thereon.
2    (h) A non-beverage user's license shall allow the licensee
3to purchase alcoholic liquor from a licensed manufacturer or
4importing distributor, without the imposition of any tax upon
5the business of such licensed manufacturer or importing
6distributor as to such alcoholic liquor to be used by such
7licensee solely for the non-beverage purposes set forth in
8subsection (a) of Section 8-1 of this Act, and such licenses
9shall be divided and classified and shall permit the purchase,
10possession and use of limited and stated quantities of
11alcoholic liquor as follows:
12Class 1, not to exceed ......................... 500 gallons
13Class 2, not to exceed ....................... 1,000 gallons
14Class 3, not to exceed ....................... 5,000 gallons
15Class 4, not to exceed ...................... 10,000 gallons
16Class 5, not to exceed ....................... 50,000 gallons
17    (i) A wine-maker's premises license shall allow a licensee
18that concurrently holds a first-class wine-maker's license to
19sell and offer for sale at retail in the premises specified in
20such license not more than 50,000 gallons of the first-class
21wine-maker's wine that is made at the first-class wine-maker's
22licensed premises per year for use or consumption, but not for
23resale in any form. A wine-maker's premises license shall allow
24a licensee who concurrently holds a second-class wine-maker's
25license to sell and offer for sale at retail in the premises
26specified in such license up to 100,000 gallons of the

 

 

HB4486- 12 -LRB099 15765 RPS 40069 b

1second-class wine-maker's wine that is made at the second-class
2wine-maker's licensed premises per year for use or consumption
3but not for resale in any form. A wine-maker's premises license
4shall allow a licensee that concurrently holds a first-class
5wine-maker's license or a second-class wine-maker's license to
6sell and offer for sale at retail at the premises specified in
7the wine-maker's premises license, for use or consumption but
8not for resale in any form, any beer, wine, and spirits
9purchased from a licensed distributor. Upon approval from the
10State Commission, a wine-maker's premises license shall allow
11the licensee to sell and offer for sale at (i) the wine-maker's
12licensed premises and (ii) at up to 2 additional locations for
13use and consumption and not for resale. Each location shall
14require additional licensing per location as specified in
15Section 5-3 of this Act. A wine-maker's premises licensee shall
16secure liquor liability insurance coverage in an amount at
17least equal to the maximum liability amounts set forth in
18subsection (a) of Section 6-21 of this Act.
19    (j) An airplane license shall permit the licensee to import
20alcoholic liquors into this State from any point in the United
21States outside this State and to store such alcoholic liquors
22in this State; to make wholesale purchases of alcoholic liquors
23directly from manufacturers, foreign importers, distributors
24and importing distributors from within or outside this State;
25and to store such alcoholic liquors in this State; provided
26that the above powers may be exercised only in connection with

 

 

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1the importation, purchase or storage of alcoholic liquors to be
2sold or dispensed on an airplane; and provided further, that
3airplane licensees exercising the above powers shall be subject
4to all provisions of Article VIII of this Act as applied to
5importing distributors. An airplane licensee shall also permit
6the sale or dispensing of alcoholic liquors on any passenger
7airplane regularly operated by a common carrier in this State,
8but shall not permit the sale for resale of any alcoholic
9liquors to any licensee within this State. A single airplane
10license shall be required of an airline company if liquor
11service is provided on board aircraft in this State. The annual
12fee for such license shall be as determined in Section 5-3.
13    (k) A foreign importer's license shall permit such licensee
14to purchase alcoholic liquor from Illinois licensed
15non-resident dealers only, and to import alcoholic liquor other
16than in bulk from any point outside the United States and to
17sell such alcoholic liquor to Illinois licensed importing
18distributors and to no one else in Illinois; provided that (i)
19the foreign importer registers with the State Commission every
20brand of alcoholic liquor that it proposes to sell to Illinois
21licensees during the license period, (ii) the foreign importer
22complies with all of the provisions of Section 6-9 of this Act
23with respect to registration of such Illinois licensees as may
24be granted the right to sell such brands at wholesale, and
25(iii) the foreign importer complies with the provisions of
26Sections 6-5 and 6-6 of this Act to the same extent that these

 

 

HB4486- 14 -LRB099 15765 RPS 40069 b

1provisions apply to manufacturers.
2    (l) (i) A broker's license shall be required of all persons
3who solicit orders for, offer to sell or offer to supply
4alcoholic liquor to retailers in the State of Illinois, or who
5offer to retailers to ship or cause to be shipped or to make
6contact with distillers, rectifiers, brewers or manufacturers
7or any other party within or without the State of Illinois in
8order that alcoholic liquors be shipped to a distributor,
9importing distributor or foreign importer, whether such
10solicitation or offer is consummated within or without the
11State of Illinois.
12    No holder of a retailer's license issued by the Illinois
13Liquor Control Commission shall purchase or receive any
14alcoholic liquor, the order for which was solicited or offered
15for sale to such retailer by a broker unless the broker is the
16holder of a valid broker's license.
17    The broker shall, upon the acceptance by a retailer of the
18broker's solicitation of an order or offer to sell or supply or
19deliver or have delivered alcoholic liquors, promptly forward
20to the Illinois Liquor Control Commission a notification of
21said transaction in such form as the Commission may by
22regulations prescribe.
23    (ii) A broker's license shall be required of a person
24within this State, other than a retail licensee, who, for a fee
25or commission, promotes, solicits, or accepts orders for
26alcoholic liquor, for use or consumption and not for resale, to

 

 

HB4486- 15 -LRB099 15765 RPS 40069 b

1be shipped from this State and delivered to residents outside
2of this State by an express company, common carrier, or
3contract carrier. This Section does not apply to any person who
4promotes, solicits, or accepts orders for wine as specifically
5authorized in Section 6-29 of this Act.
6    A broker's license under this subsection (l) shall not
7entitle the holder to buy or sell any alcoholic liquors for his
8own account or to take or deliver title to such alcoholic
9liquors.
10    This subsection (l) shall not apply to distributors,
11employees of distributors, or employees of a manufacturer who
12has registered the trademark, brand or name of the alcoholic
13liquor pursuant to Section 6-9 of this Act, and who regularly
14sells such alcoholic liquor in the State of Illinois only to
15its registrants thereunder.
16    Any agent, representative, or person subject to
17registration pursuant to subsection (a-1) of this Section shall
18not be eligible to receive a broker's license.
19    (m) A non-resident dealer's license shall permit such
20licensee to ship into and warehouse alcoholic liquor into this
21State from any point outside of this State, and to sell such
22alcoholic liquor to Illinois licensed foreign importers and
23importing distributors and to no one else in this State;
24provided that (i) said non-resident dealer shall register with
25the Illinois Liquor Control Commission each and every brand of
26alcoholic liquor which it proposes to sell to Illinois

 

 

HB4486- 16 -LRB099 15765 RPS 40069 b

1licensees during the license period, (ii) it shall comply with
2all of the provisions of Section 6-9 hereof with respect to
3registration of such Illinois licensees as may be granted the
4right to sell such brands at wholesale, and (iii) the
5non-resident dealer shall comply with the provisions of
6Sections 6-5 and 6-6 of this Act to the same extent that these
7provisions apply to manufacturers.
8    (n) A brew pub license shall allow the licensee to only (i)
9manufacture up to 155,000 gallons of beer per year only on the
10premises specified in the license, (ii) make sales of the beer
11manufactured on the premises or, with the approval of the
12Commission, beer manufactured on another brew pub licensed
13premises that is wholly owned and operated by the same licensee
14to importing distributors, distributors, and to non-licensees
15for use and consumption, (iii) store the beer upon the
16premises, (iv) sell and offer for sale at retail from the
17licensed premises for off-premises consumption no more than
18155,000 gallons per year so long as such sales are only made
19in-person, (v) sell and offer for sale at retail for use and
20consumption on the premises specified in the license any form
21of alcoholic liquor purchased from a licensed distributor or
22importing distributor, and (vi) with the prior approval of the
23Commission, annually transfer no more than 155,000 gallons of
24beer manufactured on the premises to a licensed brew pub wholly
25owned and operated by the same licensee.
26    A brew pub licensee shall not under any circumstance sell

 

 

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1or offer for sale beer manufactured by the brew pub licensee to
2retail licensees.
3    A person who holds a class 2 brewer license may
4simultaneously hold a brew pub license if the class 2 brewer
5(i) does not, under any circumstance, sell or offer for sale
6beer manufactured by the class 2 brewer to retail licensees;
7(ii) does not hold more than 3 brew pub licenses in this State;
8(iii) does not manufacture more than a combined 3,720,000
9gallons of beer per year, including the beer manufactured at
10the brew pub; and (iv) is not a member of or affiliated with,
11directly or indirectly, a manufacturer that produces more than
123,720,000 gallons of beer per year or any other alcoholic
13liquor.
14    Notwithstanding any other provision of this Act, a licensed
15brewer, class 2 brewer, or non-resident dealer who before July
161, 2015 manufactured less than than 3,720,000 gallons of beer
17per year and held a brew pub license on or before July 1, 2015
18may (i) continue to qualify for and hold that brew pub license
19for the licensed premises and (ii) manufacture more than
203,720,000 gallons of beer per year and continue to qualify for
21and hold that brew pub license if that brewer, class 2 brewer,
22or non-resident dealer does not simultaneously hold a class 1
23brewer license and is not a member of or affiliated with,
24directly or indirectly, a manufacturer that produces more than
253,720,000 gallons of beer per year or that produces any other
26alcoholic liquor.

 

 

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1    (o) A caterer retailer license shall allow the holder to
2serve alcoholic liquors as an incidental part of a food service
3that serves prepared meals which excludes the serving of snacks
4as the primary meal, either on or off-site whether licensed or
5unlicensed.
6    (p) An auction liquor license shall allow the licensee to
7sell and offer for sale at auction wine and spirits for use or
8consumption, or for resale by an Illinois liquor licensee in
9accordance with provisions of this Act. An auction liquor
10license will be issued to a person and it will permit the
11auction liquor licensee to hold the auction anywhere in the
12State. An auction liquor license must be obtained for each
13auction at least 14 days in advance of the auction date.
14    (q) A special use permit license shall allow an Illinois
15licensed retailer or craft distiller to transfer a portion of
16its alcoholic liquor inventory from its retail licensed
17premises to the premises specified in the license hereby
18created, and to sell or offer for sale at retail, only in the
19premises specified in the license hereby created, the
20transferred alcoholic liquor for use or consumption, but not
21for resale in any form. A special use permit license may be
22granted for the following time periods: one day or less; 2 or
23more days to a maximum of 15 days per location in any 12 month
24period. An applicant for the special use permit license must
25also submit with the application proof satisfactory to the
26State Commission that the applicant will provide dram shop

 

 

HB4486- 19 -LRB099 15765 RPS 40069 b

1liability insurance to the maximum limits and have local
2authority approval.
3    (r) A winery shipper's license shall allow a person with a
4first-class or second-class wine manufacturer's license, a
5first-class or second-class wine-maker's license, or a limited
6wine manufacturer's license or who is licensed to make wine
7under the laws of another state to ship wine made by that
8licensee directly to a resident of this State who is 21 years
9of age or older for that resident's personal use and not for
10resale. Prior to receiving a winery shipper's license, an
11applicant for the license must provide the Commission with a
12true copy of its current license in any state in which it is
13licensed as a manufacturer of wine. An applicant for a winery
14shipper's license must also complete an application form that
15provides any other information the Commission deems necessary.
16The application form shall include an acknowledgement
17consenting to the jurisdiction of the Commission, the Illinois
18Department of Revenue, and the courts of this State concerning
19the enforcement of this Act and any related laws, rules, and
20regulations, including authorizing the Department of Revenue
21and the Commission to conduct audits for the purpose of
22ensuring compliance with Public Act 95-634 this amendatory Act.
23    A winery shipper licensee must pay to the Department of
24Revenue the State liquor gallonage tax under Section 8-1 for
25all wine that is sold by the licensee and shipped to a person
26in this State. For the purposes of Section 8-1, a winery

 

 

HB4486- 20 -LRB099 15765 RPS 40069 b

1shipper licensee shall be taxed in the same manner as a
2manufacturer of wine. A licensee who is not otherwise required
3to register under the Retailers' Occupation Tax Act must
4register under the Use Tax Act to collect and remit use tax to
5the Department of Revenue for all gallons of wine that are sold
6by the licensee and shipped to persons in this State. If a
7licensee fails to remit the tax imposed under this Act in
8accordance with the provisions of Article VIII of this Act, the
9winery shipper's license shall be revoked in accordance with
10the provisions of Article VII of this Act. If a licensee fails
11to properly register and remit tax under the Use Tax Act or the
12Retailers' Occupation Tax Act for all wine that is sold by the
13winery shipper and shipped to persons in this State, the winery
14shipper's license shall be revoked in accordance with the
15provisions of Article VII of this Act.
16    A winery shipper licensee must collect, maintain, and
17submit to the Commission on a semi-annual basis the total
18number of cases per resident of wine shipped to residents of
19this State. A winery shipper licensed under this subsection (r)
20must comply with the requirements of Section 6-29 of this
21amendatory Act.
22    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
23Section 3-12, the State Commission may receive, respond to, and
24investigate any complaint and impose any of the remedies
25specified in paragraph (1) of subsection (a) of Section 3-12.
26(Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13;

 

 

HB4486- 21 -LRB099 15765 RPS 40069 b

198-756, eff. 7-16-14; 99-448, eff. 8-24-15; revised 10-27-15.)
 
2    (235 ILCS 5/6-4)  (from Ch. 43, par. 121)
3    Sec. 6-4. (a) No person licensed by any licensing authority
4as a distiller, or a wine manufacturer, or any subsidiary or
5affiliate thereof, or any officer, associate, member, partner,
6representative, employee, agent or shareholder owning more
7than 5% of the outstanding shares of such person shall be
8issued an importing distributor's or distributor's license,
9nor shall any person licensed by any licensing authority as an
10importing distributor, distributor or retailer, or any
11subsidiary or affiliate thereof, or any officer or associate,
12member, partner, representative, employee, agent or
13shareholder owning more than 5% of the outstanding shares of
14such person be issued a distiller's license or a wine
15manufacturer's license; and no person or persons licensed as a
16distiller by any licensing authority shall have any interest,
17directly or indirectly, with such distributor or importing
18distributor.
19    However, an importing distributor or distributor, which on
20January 1, 1985 is owned by a brewer, or any subsidiary or
21affiliate thereof or any officer, associate, member, partner,
22representative, employee, agent or shareholder owning more
23than 5% of the outstanding shares of the importing distributor
24or distributor referred to in this paragraph, may own or
25acquire an ownership interest of more than 5% of the

 

 

HB4486- 22 -LRB099 15765 RPS 40069 b

1outstanding shares of a wine manufacturer and be issued a wine
2manufacturer's license by any licensing authority.
3    (b) The foregoing provisions shall not apply to any person
4licensed by any licensing authority as a distiller or wine
5manufacturer, or to any subsidiary or affiliate of any
6distiller or wine manufacturer who shall have been heretofore
7licensed by the State Commission as either an importing
8distributor or distributor during the annual licensing period
9expiring June 30, 1947, and shall actually have made sales
10regularly to retailers.
11    (c) Provided, however, that in such instances where a
12distributor's or importing distributor's license has been
13issued to any distiller or wine manufacturer or to any
14subsidiary or affiliate of any distiller or wine manufacturer
15who has, during the licensing period ending June 30, 1947, sold
16or distributed as such licensed distributor or importing
17distributor alcoholic liquors and wines to retailers, such
18distiller or wine manufacturer or any subsidiary or affiliate
19of any distiller or wine manufacturer holding such
20distributor's or importing distributor's license may continue
21to sell or distribute to retailers such alcoholic liquors and
22wines which are manufactured, distilled, processed or marketed
23by distillers and wine manufacturers whose products it sold or
24distributed to retailers during the whole or any part of its
25licensing periods; and such additional brands and additional
26products may be added to the line of such distributor or

 

 

HB4486- 23 -LRB099 15765 RPS 40069 b

1importing distributor, provided, that such brands and such
2products were not sold or distributed by any distributor or
3importing distributor licensed by the State Commission during
4the licensing period ending June 30, 1947, but can not sell or
5distribute to retailers any other alcoholic liquors or wines.
6    (d) It shall be unlawful for any distiller licensed
7anywhere to have any stock ownership or interest in any
8distributor's or importing distributor's license wherein any
9other person has an interest therein who is not a distiller and
10does not own more than 5% of any stock in any distillery.
11Nothing herein contained shall apply to such distillers or
12their subsidiaries or affiliates, who had a distributor's or
13importing distributor's license during the licensing period
14ending June 30, 1947, which license was owned in whole by such
15distiller, or subsidiaries or affiliates of such distiller.
16    (e) Any person licensed as a brewer, class 1 brewer, or
17class 2 brewer shall be permitted to sell on the licensed
18premises to non-licensees for on or off-premises consumption
19for the premises in which he or she actually conducts such
20business beer manufactured by the brewer, class 1 brewer, or
21class 2 brewer. Such sales shall be limited to on-premises,
22in-person sales only, for lawful consumption on or off
23premises. Such authorization shall be considered a privilege
24granted by the brewer license and, other than a manufacturer of
25beer as stated above, no manufacturer or distributor or
26importing distributor, excluding airplane licensees exercising

 

 

HB4486- 24 -LRB099 15765 RPS 40069 b

1powers provided in paragraph (i) of Section 5-1 of this Act, or
2any subsidiary or affiliate thereof, or any officer, associate,
3member, partner, representative, employee or agent, or
4shareholder shall be issued a retailer's license, nor shall any
5person having a retailer's license, excluding airplane
6licensees exercising powers provided in paragraph (i) of
7Section 5-1 of this Act, or any subsidiary or affiliate
8thereof, or any officer, associate, member, partner,
9representative or agent, or shareholder be issued a
10manufacturer's license or importing distributor's license.
11    A person who holds a class 1 or class 2 brewer license and
12is authorized by this Section to sell beer to non-licensees
13shall not sell beer to non-licensees from more than 3 total
14brewer or commonly owned brew pub licensed locations in this
15State. The class 1 or class 2 brewer shall designate to the
16State Commission the brewer or brew pub locations from which it
17will sell beer to non-licensees.
18    A person licensed as a craft distiller not affiliated with
19any other person manufacturing spirits may be authorized by the
20Commission to sell up to 5,000 2,500 gallons of spirits
21produced by the person to non-licensees for on or off-premises
22consumption for the premises in which he or she actually
23conducts business permitting only the retail sale of spirits
24manufactured at such premises. Such sales shall be limited to
25on-premises, in-person sales only, for lawful consumption on or
26off premises, and such authorization shall be considered a

 

 

HB4486- 25 -LRB099 15765 RPS 40069 b

1privilege granted by the craft distiller license. A craft
2distiller licensed for retail sale shall secure liquor
3liability insurance coverage in an amount at least equal to the
4maximum liability amounts set forth in subsection (a) of
5Section 6-21 of this Act.
6    (f) (Blank).
7    (g) Notwithstanding any of the foregoing prohibitions, a
8limited wine manufacturer may sell at retail at its
9manufacturing site for on or off premises consumption and may
10sell to distributors. A limited wine manufacturer licensee
11shall secure liquor liability insurance coverage in an amount
12at least equal to the maximum liability amounts set forth in
13subsection (a) of Section 6-21 of this Act.
14    (h) The changes made to this Section by Public Act 99-47
15this amendatory Act of the 99th General Assembly shall not
16diminish or impair the rights of any person, whether a
17distiller, wine manufacturer, agent, or affiliate thereof, who
18requested in writing and submitted documentation to the State
19Commission on or before February 18, 2015 to be approved for a
20retail license pursuant to what has heretofore been subsection
21(f); provided that, on or before that date, the State
22Commission considered the intent of that person to apply for
23the retail license under that subsection and, by recorded vote,
24the State Commission approved a resolution indicating that such
25a license application could be lawfully approved upon that
26person duly filing a formal application for a retail license

 

 

HB4486- 26 -LRB099 15765 RPS 40069 b

1and if that person, within 90 days of the State Commission
2appearance and recorded vote, first filed an application with
3the appropriate local commission, which application was
4subsequently approved by the appropriate local commission
5prior to consideration by the State Commission of that person's
6application for a retail license. It is further provided that
7the State Commission may approve the person's application for a
8retail license or renewals of such license if such person
9continues to diligently adhere to all representations made in
10writing to the State Commission on or before February 18, 2015,
11or thereafter, or in the affidavit filed by that person with
12the State Commission to support the issuance of a retail
13license and to abide by all applicable laws and duly adopted
14rules.
15(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15;
16revised 10-30-15.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.