Full Text of HB3020 103rd General Assembly
HB3020 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3020 Introduced 2/16/2023, by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
| 235 ILCS 5/5-1 | from Ch. 43, par. 115 | 235 ILCS 5/5-3 | from Ch. 43, par. 118 | 235 ILCS 5/6-29 | from Ch. 43, par. 144e |
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Amends the Liquor Control Act of 1934. Creates a brewer shipper's license that allows a person with a brewer, class 1 brewer, class 2 brewer, class 3 brewer, or brewpub license or who is licensed to make beer under the laws of another state to ship beer made by that licensee directly to a resident of this State who is 21 years of age or older for that resident's personal use and not for resale. Sets forth provisions concerning application for the license; license fees; third-party providers; taxes; and reporting and other requirements. Makes conforming changes.
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| | A BILL FOR |
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| | | HB3020 | | LRB103 28603 RPS 54984 b |
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| 1 | | AN ACT concerning liquor.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Sections 5-1, 5-3, and 6-29 as follows: | 6 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | 7 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control | 8 | | Commission
shall be of the following classes: | 9 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 10 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 11 | | Manufacturer, Class 5. Second Class Wine Manufacturer, Class | 12 | | 6. First Class Winemaker, Class 7. Second Class Winemaker, | 13 | | Class 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, | 14 | | Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft | 15 | | Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer, | 16 | | Class 14. Class 3 Brewer, | 17 | | (b) Distributor's license, | 18 | | (c) Importing Distributor's license, | 19 | | (d) Retailer's license, | 20 | | (e) Special Event Retailer's license (not-for-profit), | 21 | | (f) Railroad license, | 22 | | (g) Boat license, | 23 | | (h) Non-Beverage User's license, |
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| 1 | | (i) Wine-maker's premises license, | 2 | | (j) Airplane license, | 3 | | (k) Foreign importer's license, | 4 | | (l) Broker's license, | 5 | | (m) Non-resident dealer's
license, | 6 | | (n) Brew Pub license, | 7 | | (o) Auction liquor license, | 8 | | (p) Caterer retailer license, | 9 | | (q) Special use permit license, | 10 | | (r) Winery shipper's license, | 11 | | (s) Craft distiller tasting permit, | 12 | | (t) Brewer warehouse permit, | 13 | | (u) Distilling pub license, | 14 | | (v) Craft distiller warehouse permit, | 15 | | (w) Beer showcase permit , . | 16 | | (x) Brewer shipper's license. | 17 | | No
person, firm, partnership, corporation, or other legal | 18 | | business entity that is
engaged in the manufacturing of wine | 19 | | may concurrently obtain and hold a
wine-maker's license and a | 20 | | wine manufacturer's license. | 21 | | (a) A manufacturer's license shall allow the manufacture,
| 22 | | importation in bulk, storage, distribution and sale of | 23 | | alcoholic liquor
to persons without the State, as may be | 24 | | permitted by law and to licensees
in this State as follows: | 25 | | Class 1. A Distiller may make sales and deliveries of | 26 | | alcoholic liquor to
distillers, rectifiers, importing |
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| 1 | | distributors, distributors and
non-beverage users and to no | 2 | | other licensees. | 3 | | Class 2. A Rectifier, who is not a distiller, as defined | 4 | | herein, may make
sales and deliveries of alcoholic liquor to | 5 | | rectifiers, importing distributors,
distributors, retailers | 6 | | and non-beverage users and to no other licensees. | 7 | | Class 3. A Brewer may make sales and deliveries of beer to | 8 | | importing
distributors and distributors and may make sales as | 9 | | authorized under subsection (e) of Section 6-4 of this Act, | 10 | | including any alcoholic liquor that subsection (e) of Section | 11 | | 6-4 authorizes a brewer to sell in its original package only to | 12 | | a non-licensee for pick-up by a non-licensee either within the | 13 | | interior of the brewery premises or at outside of the brewery | 14 | | premises at a curb-side or parking lot adjacent to the brewery | 15 | | premises, subject to any local ordinance. | 16 | | Class 4. A first class wine-manufacturer may make sales | 17 | | and deliveries of
up to 50,000 gallons of wine to | 18 | | manufacturers,
importing
distributors and distributors, and to | 19 | | no other licensees. If a first-class wine-manufacturer | 20 | | manufactures beer, it shall also obtain and shall only be | 21 | | eligible for, in addition to any current license, a class 1 | 22 | | brewer license, shall not manufacture more than 930,000 | 23 | | gallons of beer per year, and shall not be a member of or | 24 | | affiliated with, directly or indirectly, a manufacturer that | 25 | | produces more than 930,000 gallons of beer per year. If the | 26 | | first-class wine-manufacturer manufactures spirits, it shall |
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| 1 | | also obtain and shall only be eligible for, in addition to any | 2 | | current license, a class 1 craft distiller license, shall not | 3 | | manufacture more than 50,000 gallons of spirits per year, and | 4 | | shall not be a member of or affiliated with, directly or | 5 | | indirectly, a manufacturer that produces more than 50,000 | 6 | | gallons of spirits per year. A first-class wine-manufacturer | 7 | | shall be permitted to sell wine manufactured at the | 8 | | first-class wine-manufacturer premises to non-licensees. | 9 | | Class 5. A second class Wine manufacturer may make sales | 10 | | and deliveries
of more than 50,000 gallons of wine to | 11 | | manufacturers, importing distributors
and distributors and to | 12 | | no other licensees. | 13 | | Class 6. A first-class wine-maker's license shall allow | 14 | | the manufacture
of up to 50,000 gallons of wine per year, and | 15 | | the
storage
and sale of such
wine to distributors in the State | 16 | | and to persons without the
State, as may be permitted by law. A | 17 | | person who, prior to June 1, 2008 (the effective date of Public | 18 | | Act 95-634), is a holder of a first-class wine-maker's license | 19 | | and annually produces more than 25,000 gallons of its own wine | 20 | | and who distributes its wine to licensed retailers shall cease | 21 | | this practice on or before July 1, 2008 in compliance with | 22 | | Public Act 95-634. If a first-class wine-maker manufactures | 23 | | beer, it shall also obtain and shall only be eligible for, in | 24 | | addition to any current license, a class 1 brewer license, | 25 | | shall not manufacture more than 930,000 gallons of beer per | 26 | | year, and shall not be a member of or affiliated with, directly |
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| 1 | | or indirectly, a manufacturer that produces more than 930,000 | 2 | | gallons of beer per year. If the first-class wine-maker | 3 | | manufactures spirits, it shall also obtain and shall only be | 4 | | eligible for, in addition to any current license, a class 1 | 5 | | craft distiller license, shall not manufacture more than | 6 | | 50,000 gallons of spirits per year, and shall not be a member | 7 | | of or affiliated with, directly or indirectly, a manufacturer | 8 | | that produces more than 50,000 gallons of spirits per year. A | 9 | | first-class wine-maker holding a class 1 brewer license or a | 10 | | class 1 craft distiller license shall not be eligible for a | 11 | | wine-maker's premises license but shall be permitted to sell | 12 | | wine manufactured at the first-class wine-maker premises to | 13 | | non-licensees. | 14 | | Class 7. A second-class wine-maker's license shall allow | 15 | | the manufacture
of up to 150,000 gallons of wine per year, and
| 16 | | the
storage and sale of such wine
to distributors in this State | 17 | | and to persons without the State, as may be
permitted by law. A | 18 | | person who, prior to June 1, 2008 (the effective date of Public | 19 | | Act 95-634), is a holder of a second-class wine-maker's | 20 | | license and annually produces more than 25,000 gallons of its | 21 | | own wine and who distributes its wine to licensed retailers | 22 | | shall cease this practice on or before July 1, 2008 in | 23 | | compliance with Public Act 95-634. If a second-class | 24 | | wine-maker manufactures beer, it shall also obtain and shall | 25 | | only be eligible for, in addition to any current license, a | 26 | | class 2 brewer license, shall not manufacture more than |
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| 1 | | 3,720,000 gallons of beer per year, and shall not be a member | 2 | | of or affiliated with, directly or indirectly, a manufacturer | 3 | | that produces more than 3,720,000 gallons of beer per year. If | 4 | | a second-class wine-maker manufactures spirits, it shall also | 5 | | obtain and shall only be eligible for, in addition to any | 6 | | current license, a class 2 craft distiller license, shall not | 7 | | manufacture more than 100,000 gallons of spirits per year, and | 8 | | shall not be a member of or affiliated with, directly or | 9 | | indirectly, a manufacturer that produces more than 100,000 | 10 | | gallons of spirits per year. | 11 | | Class 8. A limited wine-manufacturer may make sales and | 12 | | deliveries not to
exceed 40,000 gallons of wine per year to | 13 | | distributors, and to
non-licensees in accordance with the | 14 | | provisions of this Act. | 15 | | Class 9. A craft distiller license, which may only be held | 16 | | by a class 1 craft distiller licensee or class 2 craft | 17 | | distiller licensee but not held by both a class 1 craft | 18 | | distiller licensee and a class 2 craft distiller licensee, | 19 | | shall grant all rights conveyed by either: (i) a class 1 craft | 20 | | distiller license if the craft distiller holds a class 1 craft | 21 | | distiller license; or (ii) a class 2 craft distiller licensee | 22 | | if the craft distiller holds a class 2 craft distiller | 23 | | license. | 24 | | Class 10. A class 1 craft distiller license, which may | 25 | | only be issued to a licensed craft distiller or licensed | 26 | | non-resident dealer, shall allow the manufacture of up to |
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| 1 | | 50,000 gallons of spirits per year provided that the class 1 | 2 | | craft distiller licensee does not manufacture more than a | 3 | | combined 50,000 gallons of spirits per year and is not a member | 4 | | of or affiliated with, directly or indirectly, a manufacturer | 5 | | that produces more than 50,000 gallons of spirits per year. If | 6 | | a class 1 craft distiller manufactures beer, it shall also | 7 | | obtain and shall only be eligible for, in addition to any | 8 | | current license, a class 1 brewer license, shall not | 9 | | manufacture more than 930,000 gallons of beer per year, and | 10 | | shall not be a member of or affiliated with, directly or | 11 | | indirectly, a manufacturer that produces more than 930,000 | 12 | | gallons of beer per year. If a class 1 craft distiller | 13 | | manufactures wine, it shall also obtain and shall only be | 14 | | eligible for, in addition to any current license, a | 15 | | first-class wine-manufacturer license or a first-class | 16 | | wine-maker's license, shall not manufacture more than 50,000 | 17 | | gallons of wine per year, and shall not be a member of or | 18 | | affiliated with, directly or indirectly, a manufacturer that | 19 | | produces more than 50,000 gallons of wine per year. A class 1 | 20 | | craft distiller licensee may make sales and deliveries to | 21 | | importing distributors and distributors and to retail | 22 | | licensees in accordance with the conditions set forth in | 23 | | paragraph (19) of subsection (a) of Section 3-12 of this Act. | 24 | | However, the aggregate amount of spirits sold to non-licensees | 25 | | and sold or delivered to retail licensees may not exceed 5,000 | 26 | | gallons per year. |
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| 1 | | A class 1 craft distiller licensee may sell up to 5,000 | 2 | | gallons of such spirits to non-licensees to the extent | 3 | | permitted by any exemption approved by the State Commission | 4 | | pursuant to Section 6-4 of this Act. A class 1 craft distiller | 5 | | license holder may store such spirits at a non-contiguous | 6 | | licensed location, but at no time shall a class 1 craft | 7 | | distiller license holder directly or indirectly produce in the | 8 | | aggregate more than 50,000 gallons of spirits per year. | 9 | | A class 1 craft distiller licensee may hold more than one | 10 | | class 1 craft distiller's license. However, a class 1 craft | 11 | | distiller that holds more than one class 1 craft distiller | 12 | | license shall not manufacture, in the aggregate, more than | 13 | | 50,000 gallons of spirits by distillation per year and shall | 14 | | not sell, in the aggregate, more than 5,000 gallons of such | 15 | | spirits to non-licensees in accordance with an exemption | 16 | | approved by the State Commission pursuant to Section 6-4 of | 17 | | this Act. | 18 | | Class 11. A class 2 craft distiller license, which may | 19 | | only be issued to a licensed craft distiller or licensed | 20 | | non-resident dealer, shall allow the manufacture of up to | 21 | | 100,000 gallons of spirits per year provided that the class 2 | 22 | | craft distiller licensee does not manufacture more than a | 23 | | combined 100,000 gallons of spirits per year and is not a | 24 | | member of or affiliated with, directly or indirectly, a | 25 | | manufacturer that produces more than 100,000 gallons of | 26 | | spirits per year. If a class 2 craft distiller manufactures |
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| 1 | | beer, it shall also obtain and shall only be eligible for, in | 2 | | addition to any current license, a class 2 brewer license, | 3 | | shall not manufacture more than 3,720,000 gallons of beer per | 4 | | year, and shall not be a member of or affiliated with, directly | 5 | | or indirectly, a manufacturer that produces more than | 6 | | 3,720,000 gallons of beer per year. If a class 2 craft | 7 | | distiller manufactures wine, it shall also obtain and shall | 8 | | only be eligible for, in addition to any current license, a | 9 | | second-class wine-maker's license, shall not manufacture more | 10 | | than 150,000 gallons of wine per year, and shall not be a | 11 | | member of or affiliated with, directly or indirectly, a | 12 | | manufacturer that produces more than 150,000 gallons of wine | 13 | | per year. A class 2 craft distiller licensee may make sales and | 14 | | deliveries to importing distributors and distributors, but | 15 | | shall not make sales or deliveries to any other licensee. If | 16 | | the State Commission provides prior approval, a class 2 craft | 17 | | distiller licensee may annually transfer up to 100,000 gallons | 18 | | of spirits manufactured by that class 2 craft distiller | 19 | | licensee to the premises of a licensed class 2 craft distiller | 20 | | wholly owned and operated by the same licensee. A class 2 craft | 21 | | distiller may transfer spirits to a distilling pub wholly | 22 | | owned and operated by the class 2 craft distiller subject to | 23 | | the following limitations and restrictions: (i) the transfer | 24 | | shall not annually exceed more than 5,000 gallons; (ii) the | 25 | | annual amount transferred shall reduce the distilling pub's | 26 | | annual permitted production limit; (iii) all spirits |
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| 1 | | transferred shall be subject to Article VIII of this Act; (iv) | 2 | | a written record shall be maintained by the distiller and | 3 | | distilling pub specifying the amount, date of delivery, and | 4 | | receipt of the product by the distilling pub; and (v) the | 5 | | distilling pub shall be located no farther than 80 miles from | 6 | | the class 2 craft distiller's licensed location. | 7 | | A class 2 craft distiller shall, prior to transferring | 8 | | spirits to a distilling pub wholly owned by the class 2 craft | 9 | | distiller, furnish a written notice to the State Commission of | 10 | | intent to transfer spirits setting forth the name and address | 11 | | of the distilling pub and shall annually submit to the State | 12 | | Commission a verified report identifying the total gallons of | 13 | | spirits transferred to the distilling pub wholly owned by the | 14 | | class 2 craft distiller. | 15 | | A class 2 craft distiller license holder may store such | 16 | | spirits at a non-contiguous licensed location, but at no time | 17 | | shall a class 2 craft distiller license holder directly or | 18 | | indirectly produce in the aggregate more than 100,000 gallons | 19 | | of spirits per year. | 20 | | Class 12. A class 1 brewer license, which may only be | 21 | | issued to a licensed brewer or licensed non-resident dealer, | 22 | | shall allow the manufacture of up to 930,000 gallons of beer | 23 | | per year provided that the class 1 brewer licensee does not | 24 | | manufacture more than a combined 930,000 gallons of beer per | 25 | | year and is not a member of or affiliated with, directly or | 26 | | indirectly, a manufacturer that produces more than 930,000 |
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| 1 | | gallons of beer per year. If a class 1 brewer manufactures | 2 | | spirits, it shall also obtain and shall only be eligible for, | 3 | | in addition to any current license, a class 1 craft distiller | 4 | | license, shall not manufacture more than 50,000 gallons of | 5 | | spirits per year, and shall not be a member of or affiliated | 6 | | with, directly or indirectly, a manufacturer that produces | 7 | | more than 50,000 gallons of spirits per year. If a class 1 | 8 | | craft brewer manufactures wine, it shall also obtain and shall | 9 | | only be eligible for, in addition to any current license, a | 10 | | first-class wine-manufacturer license or a first-class | 11 | | wine-maker's license, shall not manufacture more than 50,000 | 12 | | gallons of wine per year, and shall not be a member of or | 13 | | affiliated with, directly or indirectly, a manufacturer that | 14 | | produces more than 50,000 gallons of wine per year. A class 1 | 15 | | brewer licensee may make sales and deliveries to importing | 16 | | distributors and distributors and to retail licensees in | 17 | | accordance with the conditions set forth in paragraph (18) of | 18 | | subsection (a) of Section 3-12 of this Act. If the State | 19 | | Commission provides prior approval, a class 1 brewer may | 20 | | annually transfer up to 930,000 gallons of beer manufactured | 21 | | by that class 1 brewer to the premises of a licensed class 1 | 22 | | brewer wholly owned and operated by the same licensee. | 23 | | Class 13. A class 2 brewer license, which may only be | 24 | | issued to a licensed brewer or licensed non-resident dealer, | 25 | | shall allow the manufacture of up to 3,720,000 gallons of beer | 26 | | per year provided that the class 2 brewer licensee does not |
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| 1 | | manufacture more than a combined 3,720,000 gallons of beer per | 2 | | year and is not a member of or affiliated with, directly or | 3 | | indirectly, a manufacturer that produces more than 3,720,000 | 4 | | gallons of beer per year. If a class 2 brewer manufactures | 5 | | spirits, it shall also obtain and shall only be eligible for, | 6 | | in addition to any current license, a class 2 craft distiller | 7 | | license, shall not manufacture more than 100,000 gallons of | 8 | | spirits per year, and shall not be a member of or affiliated | 9 | | with, directly or indirectly, a manufacturer that produces | 10 | | more than 100,000 gallons of spirits per year. If a class 2 | 11 | | craft distiller manufactures wine, it shall also obtain and | 12 | | shall only be eligible for, in addition to any current | 13 | | license, a second-class wine-maker's license, shall not | 14 | | manufacture more than 150,000 gallons of wine per year, and | 15 | | shall not be a member of or affiliated with, directly or | 16 | | indirectly, a manufacturer that produces more than 150,000 | 17 | | gallons of wine a year. A class 2 brewer licensee may make | 18 | | sales and deliveries to importing distributors and | 19 | | distributors, but shall not make sales or deliveries to any | 20 | | other licensee. If the State Commission provides prior | 21 | | approval, a class 2 brewer licensee may annually transfer up | 22 | | to 3,720,000 gallons of beer manufactured by that class 2 | 23 | | brewer licensee to the premises of a licensed class 2 brewer | 24 | | wholly owned and operated by the same licensee. | 25 | | A class 2 brewer may transfer beer to a brew pub wholly | 26 | | owned and operated by the class 2 brewer subject to the |
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| 1 | | following limitations and restrictions: (i) the transfer shall | 2 | | not annually exceed more than 31,000 gallons; (ii) the annual | 3 | | amount transferred shall reduce the brew pub's annual | 4 | | permitted production limit; (iii) all beer transferred shall | 5 | | be subject to Article VIII of this Act; (iv) a written record | 6 | | shall be maintained by the brewer and brew pub specifying the | 7 | | amount, date of delivery, and receipt of the product by the | 8 | | brew pub; and (v) the brew pub shall be located no farther than | 9 | | 80 miles from the class 2 brewer's licensed location. | 10 | | A class 2 brewer shall, prior to transferring beer to a | 11 | | brew pub wholly owned by the class 2 brewer, furnish a written | 12 | | notice to the State Commission of intent to transfer beer | 13 | | setting forth the name and address of the brew pub and shall | 14 | | annually submit to the State Commission a verified report | 15 | | identifying the total gallons of beer transferred to the brew | 16 | | pub wholly owned by the class 2 brewer. | 17 | | Class 14. A class 3 brewer license, which may be issued to | 18 | | a brewer or a non-resident dealer, shall allow the manufacture | 19 | | of no more than 465,000 gallons of beer per year and no more | 20 | | than 155,000 gallons at a single brewery premises, and shall | 21 | | allow the sale of no more than 6,200 gallons of beer from each | 22 | | in-state or out-of-state class 3 brewery premises, or 18,600 | 23 | | gallons in the aggregate, to retail licensees, class 1 | 24 | | brewers, class 2 brewers, and class 3 brewers as long as the | 25 | | class 3 brewer licensee does not manufacture more than a | 26 | | combined 465,000 gallons of beer per year and is not a member |
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| 1 | | of or affiliated with, directly or indirectly, a manufacturer | 2 | | that produces more than 465,000 gallons of beer per year to | 3 | | make sales to importing distributors, distributors, retail | 4 | | licensees, brewers, class 1 brewers, class 2 brewers, and | 5 | | class 3 brewers in accordance with the conditions set forth in | 6 | | paragraph (20) of subsection (a) of Section 3-12. If the State | 7 | | Commission provides prior approval, a class 3 brewer may | 8 | | annually transfer up to 155,000 gallons of beer manufactured | 9 | | by that class 3 brewer to the premises of a licensed class 3 | 10 | | brewer wholly owned and operated by the same licensee. A class | 11 | | 3 brewer shall manufacture beer at the brewer's class 3 | 12 | | designated licensed premises, and may sell beer as otherwise | 13 | | provided in this Act. | 14 | | (a-1) A manufacturer which is licensed in this State to | 15 | | make sales or
deliveries of alcoholic liquor to licensed | 16 | | distributors or importing distributors and which enlists | 17 | | agents, representatives, or
individuals acting on its behalf | 18 | | who contact licensed retailers on a regular
and continual | 19 | | basis in this State must register those agents, | 20 | | representatives,
or persons acting on its behalf with the | 21 | | State Commission. | 22 | | Registration of agents, representatives, or persons acting | 23 | | on behalf of a
manufacturer is fulfilled by submitting a form | 24 | | to the Commission. The form
shall be developed by the | 25 | | Commission and shall include the name and address of
the | 26 | | applicant, the name and address of the manufacturer he or she |
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| 1 | | represents,
the territory or areas assigned to sell to or | 2 | | discuss pricing terms of
alcoholic liquor, and any other | 3 | | questions deemed appropriate and necessary.
All statements in | 4 | | the forms required to be made by law or by rule shall be
deemed | 5 | | material, and any person who knowingly misstates any material | 6 | | fact under
oath in an application is guilty of a Class B | 7 | | misdemeanor. Fraud,
misrepresentation, false statements, | 8 | | misleading statements, evasions, or
suppression of material | 9 | | facts in the securing of a registration are grounds for
| 10 | | suspension or revocation of the registration. The State | 11 | | Commission shall post a list of registered agents on the | 12 | | Commission's website. | 13 | | (b) A distributor's license shall allow (i) the wholesale | 14 | | purchase and storage
of alcoholic liquors and sale of | 15 | | alcoholic liquors to licensees in this State and to persons | 16 | | without the State, as may be permitted by law; (ii) the sale of | 17 | | beer, cider, mead, or any combination thereof to brewers, | 18 | | class 1 brewers, and class 2 brewers that, pursuant to | 19 | | subsection (e) of Section 6-4 of this Act, sell beer, cider, | 20 | | mead, or any combination thereof to non-licensees at their | 21 | | breweries; (iii) the sale of vermouth to class 1 craft | 22 | | distillers and class 2 craft distillers that, pursuant to | 23 | | subsection (e) of Section 6-4 of this Act, sell spirits, | 24 | | vermouth, or both spirits and vermouth to non-licensees at | 25 | | their distilleries; or (iv) as otherwise provided in this Act. | 26 | | No person licensed as a distributor shall be granted a |
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| 1 | | non-resident dealer's license. | 2 | | (c) An importing distributor's license may be issued to | 3 | | and held by
those only who are duly licensed distributors, | 4 | | upon the filing of an
application by a duly licensed | 5 | | distributor, with the Commission and
the Commission shall, | 6 | | without the
payment of any fee, immediately issue such | 7 | | importing distributor's
license to the applicant, which shall | 8 | | allow the importation of alcoholic
liquor by the licensee into | 9 | | this State from any point in the United
States outside this | 10 | | State, and the purchase of alcoholic liquor in
barrels, casks | 11 | | or other bulk containers and the bottling of such
alcoholic | 12 | | liquors before resale thereof, but all bottles or containers
| 13 | | so filled shall be sealed, labeled, stamped and otherwise made | 14 | | to comply
with all provisions, rules and regulations governing | 15 | | manufacturers in
the preparation and bottling of alcoholic | 16 | | liquors. The importing
distributor's license shall permit such | 17 | | licensee to purchase alcoholic
liquor from Illinois licensed | 18 | | non-resident dealers and foreign importers only. No person | 19 | | licensed as an importing distributor shall be granted a | 20 | | non-resident dealer's license. | 21 | | (d) A retailer's license shall allow the licensee to sell | 22 | | and offer
for sale at retail, only in the premises specified in | 23 | | the license,
alcoholic liquor for use or consumption, but not | 24 | | for resale in any form. Except as provided in Section 6-16, | 25 | | 6-29, or 6-29.1, nothing in this Act shall deny, limit, | 26 | | remove, or restrict the ability of a holder of a retailer's |
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| 1 | | license to transfer or ship alcoholic liquor to the purchaser | 2 | | for use or consumption subject to any applicable local law or | 3 | | ordinance. For the purposes of this Section, "shipping" means | 4 | | the movement of alcoholic liquor from a licensed retailer to a | 5 | | consumer via a common carrier. Except as provided in Section | 6 | | 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, | 7 | | remove, or restrict the ability of a holder of a retailer's | 8 | | license to deliver alcoholic liquor to the purchaser for use | 9 | | or consumption. The delivery shall be made only within 12 | 10 | | hours from the time the alcoholic liquor leaves the licensed | 11 | | premises of the retailer for delivery. For the purposes of | 12 | | this Section, "delivery" means the movement of alcoholic | 13 | | liquor purchased from a licensed retailer to a consumer | 14 | | through the following methods: | 15 | | (1) delivery within licensed retailer's parking lot, | 16 | | including curbside, for pickup by the consumer; | 17 | | (2) delivery by an owner, officer, director, | 18 | | shareholder, or employee of the licensed retailer; or | 19 | | (3) delivery by a third-party contractor, independent | 20 | | contractor, or agent with whom the licensed retailer has | 21 | | contracted to make deliveries of alcoholic liquors. | 22 | | Under subsection (1), (2), or (3), delivery shall not | 23 | | include the use of common carriers. | 24 | | Any retail license issued to a manufacturer shall only
| 25 | | permit the manufacturer to sell beer at retail on the premises | 26 | | actually
occupied by the manufacturer. For the purpose of |
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| 1 | | further describing the type of business conducted at a retail | 2 | | licensed premises, a retailer's licensee may be designated by | 3 | | the State Commission as (i) an on premise consumption | 4 | | retailer, (ii) an off premise sale retailer, or (iii) a | 5 | | combined on premise consumption and off premise sale retailer.
| 6 | | Except for a municipality with a population of more than | 7 | | 1,000,000 inhabitants, a home rule unit may not regulate the | 8 | | delivery of alcoholic liquor inconsistent with this | 9 | | subsection. This paragraph is a limitation under subsection | 10 | | (i) of Section 6 of Article VII of the Illinois Constitution on | 11 | | the concurrent exercise by home rule units of powers and | 12 | | functions exercised by the State. | 13 | | Notwithstanding any other provision of this subsection | 14 | | (d), a retail
licensee may sell alcoholic liquors to a special | 15 | | event retailer licensee for
resale to the extent permitted | 16 | | under subsection (e). | 17 | | (e) A special event retailer's license (not-for-profit) | 18 | | shall permit the
licensee to purchase alcoholic liquors from | 19 | | an Illinois licensed distributor
(unless the licensee | 20 | | purchases less than $500 of alcoholic liquors for the
special | 21 | | event, in which case the licensee may purchase the alcoholic | 22 | | liquors
from a licensed retailer) and shall allow the licensee | 23 | | to sell and offer for
sale, at retail, alcoholic liquors for | 24 | | use or consumption, but not for resale
in any form and only at | 25 | | the location and on the specific dates designated for
the | 26 | | special event in the license. An applicant for a special event |
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| 1 | | retailer
license must
(i) furnish with the application: (A) a | 2 | | resale number issued under Section
2c of the Retailers' | 3 | | Occupation Tax Act or evidence that the applicant is
| 4 | | registered under Section 2a of the Retailers' Occupation Tax | 5 | | Act, (B) a
current, valid exemption identification
number | 6 | | issued under Section 1g of the Retailers' Occupation Tax Act, | 7 | | and a
certification to the Commission that the purchase of | 8 | | alcoholic liquors will be
a tax-exempt purchase, or (C) a | 9 | | statement that the applicant is not registered
under Section | 10 | | 2a of the Retailers' Occupation Tax Act, does not hold a resale
| 11 | | number under Section 2c of the Retailers' Occupation Tax Act, | 12 | | and does not
hold an exemption number under Section 1g of the | 13 | | Retailers' Occupation Tax
Act, in which event the Commission | 14 | | shall set forth on the special event
retailer's license a | 15 | | statement to that effect; (ii) submit with the application | 16 | | proof satisfactory to
the State Commission that the applicant | 17 | | will provide dram shop liability
insurance in the maximum | 18 | | limits; and (iii) show proof satisfactory to the
State | 19 | | Commission that the applicant has obtained local authority
| 20 | | approval. | 21 | | Nothing in this Act prohibits an Illinois licensed | 22 | | distributor from offering credit or a refund for unused, | 23 | | salable alcoholic liquors to a holder of a special event | 24 | | retailer's license or the special event retailer's licensee | 25 | | from accepting the credit or refund of alcoholic liquors at | 26 | | the conclusion of the event specified in the license. |
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| 1 | | (f) A railroad license shall permit the licensee to import | 2 | | alcoholic
liquors into this State from any point in the United | 3 | | States outside this
State and to store such alcoholic liquors | 4 | | in this State; to make wholesale
purchases of alcoholic | 5 | | liquors directly from manufacturers, foreign
importers, | 6 | | distributors and importing distributors from within or outside
| 7 | | this State; and to store such alcoholic liquors in this State; | 8 | | provided
that the above powers may be exercised only in | 9 | | connection with the
importation, purchase or storage of | 10 | | alcoholic liquors to be sold or
dispensed on a club, buffet, | 11 | | lounge or dining car operated on an electric,
gas or steam | 12 | | railway in this State; and provided further, that railroad
| 13 | | licensees exercising the above powers shall be subject to all | 14 | | provisions of
Article VIII of this Act as applied to importing | 15 | | distributors. A railroad
license shall also permit the | 16 | | licensee to sell or dispense alcoholic
liquors on any club, | 17 | | buffet, lounge or dining car operated on an electric,
gas or | 18 | | steam railway regularly operated by a common carrier in this | 19 | | State,
but shall not permit the sale for resale of any | 20 | | alcoholic liquors to any
licensee within this State. A license | 21 | | shall be obtained for each car in which
such sales are made. | 22 | | (g) A boat license shall allow the sale of alcoholic | 23 | | liquor in
individual drinks, on any passenger boat regularly | 24 | | operated as a common
carrier on navigable waters in this State | 25 | | or on any riverboat operated
under
the Illinois Gambling Act, | 26 | | which boat or riverboat maintains a public
dining room or |
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| 1 | | restaurant thereon. | 2 | | (h) A non-beverage user's license shall allow the licensee | 3 | | to
purchase alcoholic liquor from a licensed manufacturer or | 4 | | importing
distributor, without the imposition of any tax upon | 5 | | the business of such
licensed manufacturer or importing | 6 | | distributor as to such alcoholic
liquor to be used by such | 7 | | licensee solely for the non-beverage purposes
set forth in | 8 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 9 | | shall be divided and classified and shall permit the
purchase, | 10 | | possession and use of limited and stated quantities of
| 11 | | alcoholic liquor as follows: | 12 | | Class 1, not to exceed ......................... 500 gallons
| 13 | | Class 2, not to exceed ....................... 1,000 gallons
| 14 | | Class 3, not to exceed ....................... 5,000 gallons
| 15 | | Class 4, not to exceed ...................... 10,000 gallons
| 16 | | Class 5, not to exceed ....................... 50,000 gallons | 17 | | (i) A wine-maker's premises license shall allow a
licensee | 18 | | that concurrently holds a first-class wine-maker's license to | 19 | | sell
and offer for sale at retail in the premises specified in | 20 | | such license
not more than 50,000 gallons of the first-class | 21 | | wine-maker's wine that is
made at the first-class wine-maker's | 22 | | licensed premises per year for use or
consumption, but not for | 23 | | resale in any form. A wine-maker's premises
license shall | 24 | | allow a licensee who concurrently holds a second-class
| 25 | | wine-maker's license to sell and offer for sale at retail in | 26 | | the premises
specified in such license up to 100,000 gallons |
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| 1 | | of the
second-class wine-maker's wine that is made at the | 2 | | second-class wine-maker's
licensed premises per year
for use | 3 | | or consumption but not for resale in any form. A first-class | 4 | | wine-maker that concurrently holds a class 1 brewer license or | 5 | | a class 1 craft distiller license shall not be eligible to hold | 6 | | a wine-maker's premises license. A wine-maker's premises | 7 | | license shall allow a
licensee that concurrently holds a | 8 | | first-class wine-maker's license or a second-class
| 9 | | wine-maker's license to sell
and offer for sale at retail at | 10 | | the premises specified in the wine-maker's premises license, | 11 | | for use or consumption but not for resale in any form, any | 12 | | beer, wine, and spirits purchased from a licensed distributor. | 13 | | Upon approval from the
State Commission, a wine-maker's | 14 | | premises license
shall allow the licensee to sell and offer | 15 | | for sale at (i) the wine-maker's
licensed premises and (ii) at | 16 | | up to 2 additional locations for use and
consumption and not | 17 | | for resale. Each location shall require additional
licensing | 18 | | per location as specified in Section 5-3 of this Act. A | 19 | | wine-maker's premises licensee shall
secure liquor liability | 20 | | insurance coverage in an amount at
least equal to the maximum | 21 | | liability amounts set forth in
subsection (a) of Section 6-21 | 22 | | of this Act.
| 23 | | (j) An airplane license shall permit the licensee to | 24 | | import
alcoholic liquors into this State from any point in the | 25 | | United States
outside this State and to store such alcoholic | 26 | | liquors in this State; to
make wholesale purchases of |
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| 1 | | alcoholic liquors directly from
manufacturers, foreign | 2 | | importers, distributors and importing
distributors from within | 3 | | or outside this State; and to store such
alcoholic liquors in | 4 | | this State; provided that the above powers may be
exercised | 5 | | only in connection with the importation, purchase or storage
| 6 | | of alcoholic liquors to be sold or dispensed on an airplane; | 7 | | and
provided further, that airplane licensees exercising the | 8 | | above powers
shall be subject to all provisions of Article | 9 | | VIII of this Act as
applied to importing distributors. An | 10 | | airplane licensee shall also
permit the sale or dispensing of | 11 | | alcoholic liquors on any passenger
airplane regularly operated | 12 | | by a common carrier in this State, but shall
not permit the | 13 | | sale for resale of any alcoholic liquors to any licensee
| 14 | | within this State. A single airplane license shall be required | 15 | | of an
airline company if liquor service is provided on board | 16 | | aircraft in this
State. The annual fee for such license shall | 17 | | be as determined in
Section 5-3. | 18 | | (k) A foreign importer's license shall permit such | 19 | | licensee to purchase
alcoholic liquor from Illinois licensed | 20 | | non-resident dealers only, and to
import alcoholic liquor | 21 | | other than in bulk from any point outside the
United States and | 22 | | to sell such alcoholic liquor to Illinois licensed
importing | 23 | | distributors and to no one else in Illinois;
provided that (i) | 24 | | the foreign importer registers with the State Commission
every
| 25 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 26 | | licensees during the
license period, (ii) the foreign importer |
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| 1 | | complies with all of the provisions
of Section
6-9 of this Act | 2 | | with respect to registration of such Illinois licensees as may
| 3 | | be granted the
right to sell such brands at wholesale, and | 4 | | (iii) the foreign importer complies with the provisions of | 5 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 6 | | provisions apply to manufacturers. | 7 | | (l) (i) A broker's license shall be required of all | 8 | | persons
who solicit
orders for, offer to sell or offer to | 9 | | supply alcoholic liquor to
retailers in the State of Illinois, | 10 | | or who offer to retailers to ship or
cause to be shipped or to | 11 | | make contact with distillers, craft distillers, rectifiers,
| 12 | | brewers or manufacturers or any other party within or without | 13 | | the State
of Illinois in order that alcoholic liquors be | 14 | | shipped to a distributor,
importing distributor or foreign | 15 | | importer, whether such solicitation or
offer is consummated | 16 | | within or without the State of Illinois. | 17 | | No holder of a retailer's license issued by the Illinois | 18 | | Liquor
Control Commission shall purchase or receive any | 19 | | alcoholic liquor, the
order for which was solicited or offered | 20 | | for sale to such retailer by a
broker unless the broker is the | 21 | | holder of a valid broker's license. | 22 | | The broker shall, upon the acceptance by a retailer of the | 23 | | broker's
solicitation of an order or offer to sell or supply or | 24 | | deliver or have
delivered alcoholic liquors, promptly forward | 25 | | to the Illinois Liquor
Control Commission a notification of | 26 | | said transaction in such form as
the Commission may by |
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| 1 | | regulations prescribe. | 2 | | (ii) A broker's license shall be required of
a person | 3 | | within this State, other than a retail licensee,
who, for a fee | 4 | | or commission, promotes, solicits, or accepts orders for
| 5 | | alcoholic liquor, for use or consumption and not for
resale, | 6 | | to be shipped from this State and delivered to residents | 7 | | outside of
this State by an express company, common carrier, | 8 | | or contract carrier.
This Section does not apply to any person | 9 | | who promotes, solicits, or accepts
orders for wine as | 10 | | specifically authorized in Section 6-29 of this Act. | 11 | | A broker's license under this subsection (l)
shall not | 12 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 13 | | own account or to take or deliver title to
such alcoholic | 14 | | liquors. | 15 | | This subsection (l)
shall not apply to distributors, | 16 | | employees of
distributors, or employees of a manufacturer who | 17 | | has registered the
trademark, brand or name of the alcoholic | 18 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 19 | | sells such alcoholic liquor
in the State of Illinois only to | 20 | | its registrants thereunder. | 21 | | Any agent, representative, or person subject to | 22 | | registration pursuant to
subsection (a-1) of this Section | 23 | | shall not be eligible to receive a broker's
license. | 24 | | (m) A non-resident dealer's license shall permit such | 25 | | licensee to ship
into and warehouse alcoholic liquor into this | 26 | | State from any point
outside of this State, and to sell such |
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| 1 | | alcoholic liquor to Illinois licensed
foreign importers and | 2 | | importing distributors and to no one else in this State;
| 3 | | provided that (i) said non-resident dealer shall register with | 4 | | the Illinois Liquor
Control Commission each and every brand of | 5 | | alcoholic liquor which it proposes
to sell to Illinois | 6 | | licensees during the license period, (ii) it shall comply with | 7 | | all of the provisions of Section 6-9 hereof with
respect to | 8 | | registration of such Illinois licensees as may be granted the | 9 | | right
to sell such brands at wholesale by duly filing such | 10 | | registration statement, thereby authorizing the non-resident | 11 | | dealer to proceed to sell such brands at wholesale, and (iii) | 12 | | the non-resident dealer shall comply with the provisions of | 13 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 14 | | provisions apply to manufacturers. No person licensed as a | 15 | | non-resident dealer shall be granted a distributor's or | 16 | | importing distributor's license. | 17 | | (n) A brew pub license shall allow the licensee to only (i) | 18 | | manufacture up to 155,000 gallons of beer per year only
on the | 19 | | premises specified in the license, (ii) make sales of the
beer | 20 | | manufactured on the premises or, with the approval of the | 21 | | Commission, beer manufactured on another brew pub licensed | 22 | | premises that is wholly owned and operated by the same | 23 | | licensee to importing distributors, distributors,
and to | 24 | | non-licensees for use and consumption, (iii) store the beer | 25 | | upon
the premises, (iv) sell and offer for sale at retail from | 26 | | the licensed
premises for off-premises
consumption no more |
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| 1 | | than 155,000 gallons per year so long as such sales are only | 2 | | made in-person, (v) sell and offer for sale at retail for use | 3 | | and consumption on the premises specified in the license any | 4 | | form of alcoholic liquor purchased from a licensed distributor | 5 | | or importing distributor, (vi) with the prior approval of the | 6 | | Commission, annually transfer no more than 155,000 gallons of | 7 | | beer manufactured on the premises to a licensed brew pub | 8 | | wholly owned and operated by the same licensee, and (vii) | 9 | | notwithstanding item (i) of this subsection, brew pubs wholly | 10 | | owned and operated by the same licensee may combine each | 11 | | location's production limit of 155,000 gallons of beer per | 12 | | year and allocate the aggregate total between the wholly | 13 | | owned, operated, and licensed locations. | 14 | | A brew pub licensee shall not under any circumstance sell | 15 | | or offer for sale beer manufactured by the brew pub licensee to | 16 | | retail licensees. | 17 | | A person who holds a class 2 brewer license may | 18 | | simultaneously hold a brew pub license if the class 2 brewer | 19 | | (i) does not, under any circumstance, sell or offer for sale | 20 | | beer manufactured by the class 2 brewer to retail licensees; | 21 | | (ii) does not hold more than 3 brew pub licenses in this State; | 22 | | (iii) does not manufacture more than a combined 3,720,000 | 23 | | gallons of beer per year, including the beer manufactured at | 24 | | the brew pub; and (iv) is not a member of or affiliated with, | 25 | | directly or indirectly, a manufacturer that produces more than | 26 | | 3,720,000 gallons of beer per year or any other alcoholic |
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| 1 | | liquor. | 2 | | Notwithstanding any other provision of this Act, a | 3 | | licensed brewer, class 2 brewer, or non-resident dealer who | 4 | | before July 1, 2015 manufactured less than 3,720,000 gallons | 5 | | of beer per year and held a brew pub license on or before July | 6 | | 1, 2015 may (i) continue to qualify for and hold that brew pub | 7 | | license for the licensed premises and (ii) manufacture more | 8 | | than 3,720,000 gallons of beer per year and continue to | 9 | | qualify for and hold that brew pub license if that brewer, | 10 | | class 2 brewer, or non-resident dealer does not simultaneously | 11 | | hold a class 1 brewer license and is not a member of or | 12 | | affiliated with, directly or indirectly, a manufacturer that | 13 | | produces more than 3,720,000 gallons of beer per year or that | 14 | | produces any other alcoholic liquor. | 15 | | A brew pub licensee may apply for a class 3 brewer license | 16 | | and , upon : (i) meeting all applicable qualifications of this | 17 | | Act , and relinquishing all commonly owned brew pub or retail | 18 | | licenses , shall be issued a class 3 brewer license. Nothing in | 19 | | this Act shall prohibit the issuance of a class 3 brewer | 20 | | license if the applicant: | 21 | | (1) has a valid retail license on or before May 1, | 22 | | 2021; | 23 | | (2) has an ownership interest in at least two brew | 24 | | pubs licenses on or before May 1, 2021; | 25 | | (3) the brew pub licensee applies for a class 3 brewer | 26 | | license on or before October 1, 2022 and relinquishes all |
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| 1 | | commonly owned brew pub licenses; and | 2 | | (4) relinquishes all commonly owned retail licenses on | 3 | | or before December 31, 2022. | 4 | | If a brew pub licensee is issued a class 3 brewer license, | 5 | | the class 3 brewer license shall expire on the same date as the | 6 | | existing brew pub license and the State Commission shall not | 7 | | require a class 3 brewer licensee to obtain a brewer license, | 8 | | or in the alternative to pay a fee for a brewer license, until | 9 | | the date the brew pub license of the applicant would have | 10 | | expired. | 11 | | (o) A caterer retailer license shall allow the holder
to | 12 | | serve alcoholic liquors as an incidental part of a food | 13 | | service that serves
prepared meals which excludes the serving | 14 | | of snacks as
the primary meal, either on or off-site whether | 15 | | licensed or unlicensed. A caterer retailer license shall allow | 16 | | the holder, a distributor, or an importing distributor to | 17 | | transfer any inventory to and from the holder's retail | 18 | | premises and shall allow the holder to purchase alcoholic | 19 | | liquor from a distributor or importing distributor to be | 20 | | delivered directly to an off-site event. | 21 | | Nothing in this Act prohibits a distributor or importing | 22 | | distributor from offering credit or a refund for unused, | 23 | | salable beer to a holder of a caterer retailer license or a | 24 | | caterer retailer licensee from accepting a credit or refund | 25 | | for unused, salable beer, in the event an act of God is the | 26 | | sole reason an off-site event is cancelled and if: (i) the |
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| 1 | | holder of a caterer retailer license has not transferred | 2 | | alcoholic liquor from its caterer retailer premises to an | 3 | | off-site location; (ii) the distributor or importing | 4 | | distributor offers the credit or refund for the unused, | 5 | | salable beer that it delivered to the off-site premises and | 6 | | not for any unused, salable beer that the distributor or | 7 | | importing distributor delivered to the caterer retailer's | 8 | | premises; and (iii) the unused, salable beer would likely | 9 | | spoil if transferred to the caterer retailer's premises. A | 10 | | caterer retailer license shall allow the holder to transfer | 11 | | any inventory from any off-site location to its caterer | 12 | | retailer premises at the conclusion of an off-site event or | 13 | | engage a distributor or importing distributor to transfer any | 14 | | inventory from any off-site location to its caterer retailer | 15 | | premises at the conclusion of an off-site event, provided that | 16 | | the distributor or importing distributor issues bona fide | 17 | | charges to the caterer retailer licensee for fuel, labor, and | 18 | | delivery and the distributor or importing distributor collects | 19 | | payment from the caterer retailer licensee prior to the | 20 | | distributor or importing distributor transferring inventory to | 21 | | the caterer retailer premises. | 22 | | For purposes of this subsection (o), an "act of God" means | 23 | | an unforeseeable event, such as a rain or snow storm, hail, a | 24 | | flood, or a similar event, that is the sole cause of the | 25 | | cancellation of an off-site, outdoor event. | 26 | | (p) An auction liquor license shall allow the licensee to |
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| 1 | | sell and offer
for sale at auction wine and spirits for use or | 2 | | consumption, or for resale by
an Illinois liquor licensee in | 3 | | accordance with provisions of this Act. An
auction liquor | 4 | | license will be issued to a person and it will permit the
| 5 | | auction liquor licensee to hold the auction anywhere in the | 6 | | State. An auction
liquor license must be obtained for each | 7 | | auction at least 14 days in advance of
the auction date. | 8 | | (q) A special use permit license shall allow an Illinois | 9 | | licensed
retailer to transfer a portion of its alcoholic | 10 | | liquor inventory from its
retail licensed premises to the | 11 | | premises specified in the license hereby
created; to purchase | 12 | | alcoholic liquor from a distributor or importing distributor | 13 | | to be delivered directly to the location specified in the | 14 | | license hereby created; and to sell or offer for sale at | 15 | | retail, only in the premises
specified in the license hereby | 16 | | created, the transferred or delivered alcoholic liquor for
use | 17 | | or consumption, but not for resale in any form. A special use | 18 | | permit
license may be granted for the following time periods: | 19 | | one day or less; 2 or
more days to a maximum of 15 days per | 20 | | location in any 12-month period. An
applicant for the special | 21 | | use permit license must also submit with the
application proof | 22 | | satisfactory to the State Commission that the applicant will
| 23 | | provide dram shop liability insurance to the maximum limits | 24 | | and have local
authority approval. | 25 | | A special use permit license shall allow the holder to | 26 | | transfer any inventory from the holder's special use premises |
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| 1 | | to its retail premises at the conclusion of the special use | 2 | | event or engage a distributor or importing distributor to | 3 | | transfer any inventory from the holder's special use premises | 4 | | to its retail premises at the conclusion of an off-site event, | 5 | | provided that the distributor or importing distributor issues | 6 | | bona fide charges to the special use permit licensee for fuel, | 7 | | labor, and delivery and the distributor or importing | 8 | | distributor collects payment from the retail licensee prior to | 9 | | the distributor or importing distributor transferring | 10 | | inventory to the retail premises. | 11 | | Nothing in this Act prohibits a distributor or importing | 12 | | distributor from offering credit or a refund for unused, | 13 | | salable beer to a special use permit licensee or a special use | 14 | | permit licensee from accepting a credit or refund for unused, | 15 | | salable beer at the conclusion of the event specified in the | 16 | | license if: (i) the holder of the special use permit license | 17 | | has not transferred alcoholic liquor from its retail licensed | 18 | | premises to the premises specified in the special use permit | 19 | | license; (ii) the distributor or importing distributor offers | 20 | | the credit or refund for the unused, salable beer that it | 21 | | delivered to the premises specified in the special use permit | 22 | | license and not for any unused, salable beer that the | 23 | | distributor or importing distributor delivered to the | 24 | | retailer's premises; and (iii) the unused, salable beer would | 25 | | likely spoil if transferred to the retailer premises. | 26 | | (r) A winery shipper's license shall allow a person
with a |
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| 1 | | first-class or second-class wine manufacturer's
license, a | 2 | | first-class or second-class wine-maker's license,
or a limited | 3 | | wine manufacturer's license or who is licensed to
make wine | 4 | | under the laws of another state to ship wine
made by that | 5 | | licensee directly to a resident of this
State who is 21 years | 6 | | of age or older for that resident's
personal use and not for | 7 | | resale. Prior to receiving a
winery shipper's license, an | 8 | | applicant for the license must
provide the Commission with a | 9 | | true copy of its current
license in any state in which it is | 10 | | licensed as a manufacturer
of wine. An applicant for a winery | 11 | | shipper's license must
also complete an application form that | 12 | | provides any other
information the State Commission deems | 13 | | necessary. The application form shall include all addresses | 14 | | from which the applicant for a winery shipper's license | 15 | | intends to ship wine, including the name and address of any | 16 | | third party, except for a common carrier, authorized to ship | 17 | | wine on behalf of the manufacturer. The
application form shall | 18 | | include an acknowledgement consenting
to the jurisdiction of | 19 | | the Commission, the Illinois
Department of Revenue, and the | 20 | | courts of this State concerning
the enforcement of this Act | 21 | | and any related laws, rules, and
regulations, including | 22 | | authorizing the Department of Revenue
and the Commission to | 23 | | conduct audits for the purpose of
ensuring compliance with | 24 | | Public Act 95-634, and an acknowledgement that the wine | 25 | | manufacturer is in compliance with Section 6-2 of this Act. | 26 | | Any third party, except for a common carrier, authorized to |
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| 1 | | ship wine on behalf of a first-class or second-class wine | 2 | | manufacturer's licensee, a first-class or second-class | 3 | | wine-maker's licensee, a limited wine manufacturer's licensee, | 4 | | or a person who is licensed to make wine under the laws of | 5 | | another state shall also be disclosed by the winery shipper's | 6 | | licensee, and a copy of the written appointment of the | 7 | | third-party wine provider, except for a common carrier, to the | 8 | | wine manufacturer shall be filed with the State Commission as | 9 | | a supplement to the winery shipper's license application or | 10 | | any renewal thereof. The winery shipper's license holder shall | 11 | | affirm under penalty of perjury, as part of the winery | 12 | | shipper's license application or renewal, that he or she only | 13 | | ships wine, either directly or indirectly through a | 14 | | third-party provider, from the licensee's own production. | 15 | | Except for a common carrier, a third-party provider | 16 | | shipping wine on behalf of a winery shipper's license holder | 17 | | is the agent of the winery shipper's license holder and, as | 18 | | such, a winery shipper's license holder is responsible for the | 19 | | acts and omissions of the third-party provider acting on | 20 | | behalf of the license holder. A third-party provider, except | 21 | | for a common carrier, that engages in shipping wine into | 22 | | Illinois on behalf of a winery shipper's license holder shall | 23 | | consent to the jurisdiction of the State Commission and the | 24 | | State. Any third-party, except for a common carrier, holding | 25 | | such an appointment shall, by February 1 of each calendar year | 26 | | and upon request by the State Commission or the Department of |
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| 1 | | Revenue, file with the State Commission a statement detailing | 2 | | each shipment made to an Illinois resident. The statement | 3 | | shall include the name and address of the third-party provider | 4 | | filing the statement, the time period covered by the | 5 | | statement, and the following information: | 6 | | (1) the name, address, and license number of the | 7 | | winery shipper on whose behalf the shipment was made; | 8 | | (2) the quantity of the products delivered; and | 9 | | (3) the date and address of the shipment. | 10 | | If the Department of Revenue or the State Commission requests | 11 | | a statement under this paragraph, the third-party provider | 12 | | must provide that statement no later than 30 days after the | 13 | | request is made. Any books, records, supporting papers, and | 14 | | documents containing information and data relating to a | 15 | | statement under this paragraph shall be kept and preserved for | 16 | | a period of 3 years, unless their destruction sooner is | 17 | | authorized, in writing, by the Director of Revenue, and shall | 18 | | be open and available to inspection by the Director of Revenue | 19 | | or the State Commission or any duly authorized officer, agent, | 20 | | or employee of the State Commission or the Department of | 21 | | Revenue, at all times during business hours of the day. Any | 22 | | person who violates any provision of this paragraph or any | 23 | | rule of the State Commission for the administration and | 24 | | enforcement of the provisions of this paragraph is guilty of a | 25 | | Class C misdemeanor. In case of a continuing violation, each | 26 | | day's continuance thereof shall be a separate and distinct |
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| 1 | | offense. | 2 | | The State Commission shall adopt rules as soon as | 3 | | practicable to implement the requirements of Public Act 99-904 | 4 | | and shall adopt rules prohibiting any such third-party | 5 | | appointment of a third-party provider, except for a common | 6 | | carrier, that has been deemed by the State Commission to have | 7 | | violated the provisions of this Act with regard to any winery | 8 | | shipper licensee. | 9 | | A winery shipper licensee must pay to the Department
of | 10 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 11 | | all wine that is sold by the licensee and shipped to a person
| 12 | | in this State. For the purposes of Section 8-1, a winery
| 13 | | shipper licensee shall be taxed in the same manner as a
| 14 | | manufacturer of wine. A licensee who is not otherwise required | 15 | | to register under the Retailers' Occupation Tax Act must
| 16 | | register under the Use Tax Act to collect and remit use tax to
| 17 | | the Department of Revenue for all gallons of wine that are sold
| 18 | | by the licensee and shipped to persons in this State. If a
| 19 | | licensee fails to remit the tax imposed under this Act in
| 20 | | accordance with the provisions of Article VIII of this Act, | 21 | | the
winery shipper's license shall be revoked in accordance
| 22 | | with the provisions of Article VII of this Act. If a licensee
| 23 | | fails to properly register and remit tax under the Use Tax Act
| 24 | | or the Retailers' Occupation Tax Act for all wine that is sold
| 25 | | by the winery shipper and shipped to persons in this
State, the | 26 | | winery shipper's license shall be revoked in
accordance with |
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| 1 | | the provisions of Article VII of this Act. | 2 | | A winery shipper licensee must collect, maintain, and
| 3 | | submit to the Commission on a semi-annual basis the
total | 4 | | number of cases per resident of wine shipped to residents
of | 5 | | this State.
A winery shipper licensed under this subsection | 6 | | (r)
must comply with the requirements of Section 6-29 of this | 7 | | Act. | 8 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 9 | | Section 3-12, the State Commission may receive, respond to, | 10 | | and investigate any complaint and impose any of the remedies | 11 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 12 | | As used in this subsection, "third-party provider" means | 13 | | any entity that provides fulfillment house services, including | 14 | | warehousing, packaging, distribution, order processing, or | 15 | | shipment of wine, but not the sale of wine, on behalf of a | 16 | | licensed winery shipper. | 17 | | (s) A craft distiller tasting permit license shall allow | 18 | | an Illinois licensed class 1 craft distiller or class 2 craft | 19 | | distiller to transfer a portion of its alcoholic liquor | 20 | | inventory from its class 1 craft distiller or class 2 craft | 21 | | distiller licensed premises to the premises specified in the | 22 | | license hereby created and to conduct a sampling, only in the | 23 | | premises specified in the license hereby created, of the | 24 | | transferred alcoholic liquor in accordance with subsection (c) | 25 | | of Section 6-31 of this Act. The transferred alcoholic liquor | 26 | | may not be sold or resold in any form. An applicant for the |
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| 1 | | craft distiller tasting permit license must also submit with | 2 | | the application proof satisfactory to the State Commission | 3 | | that the applicant will provide dram shop liability insurance | 4 | | to the maximum limits and have local authority approval. | 5 | | (t) A brewer warehouse permit may be issued to the holder | 6 | | of a class 1 brewer license or a class 2 brewer license. If the | 7 | | holder of the permit is a class 1 brewer licensee, the brewer | 8 | | warehouse permit shall allow the holder to store or warehouse | 9 | | up to 930,000 gallons of tax-determined beer manufactured by | 10 | | the holder of the permit at the premises specified on the | 11 | | permit. If the holder of the permit is a class 2 brewer | 12 | | licensee, the brewer warehouse permit shall allow the holder | 13 | | to store or warehouse up to 3,720,000 gallons of | 14 | | tax-determined beer manufactured by the holder of the permit | 15 | | at the premises specified on the permit. Sales to | 16 | | non-licensees are prohibited at the premises specified in the | 17 | | brewer warehouse permit. | 18 | | (u) A distilling pub license shall allow the licensee to | 19 | | only (i) manufacture up to 5,000 gallons of spirits per year | 20 | | only on the premises specified in the license, (ii) make sales | 21 | | of the spirits manufactured on the premises or, with the | 22 | | approval of the State Commission, spirits manufactured on | 23 | | another distilling pub licensed premises that is wholly owned | 24 | | and operated by the same licensee to importing distributors | 25 | | and distributors and to non-licensees for use and consumption, | 26 | | (iii) store the spirits upon the premises, (iv) sell and offer |
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| 1 | | for sale at retail from the licensed premises for off-premises | 2 | | consumption no more than 5,000 gallons per year so long as such | 3 | | sales are only made in-person, (v) sell and offer for sale at | 4 | | retail for use and consumption on the premises specified in | 5 | | the license any form of alcoholic liquor purchased from a | 6 | | licensed distributor or importing distributor, and (vi) with | 7 | | the prior approval of the State Commission, annually transfer | 8 | | no more than 5,000 gallons of spirits manufactured on the | 9 | | premises to a licensed distilling pub wholly owned and | 10 | | operated by the same licensee. | 11 | | A distilling pub licensee shall not under any circumstance | 12 | | sell or offer for sale spirits manufactured by the distilling | 13 | | pub licensee to retail licensees. | 14 | | A person who holds a class 2 craft distiller license may | 15 | | simultaneously hold a distilling pub license if the class 2 | 16 | | craft distiller (i) does not, under any circumstance, sell or | 17 | | offer for sale spirits manufactured by the class 2 craft | 18 | | distiller to retail licensees; (ii) does not hold more than 3 | 19 | | distilling pub licenses in this State; (iii) does not | 20 | | manufacture more than a combined 100,000 gallons of spirits | 21 | | per year, including the spirits manufactured at the distilling | 22 | | pub; and (iv) is not a member of or affiliated with, directly | 23 | | or indirectly, a manufacturer that produces more than 100,000 | 24 | | gallons of spirits per year or any other alcoholic liquor. | 25 | | (v) A craft distiller warehouse permit may be issued to | 26 | | the holder of a class 1 craft distiller or class 2 craft |
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| 1 | | distiller license. The craft distiller warehouse permit shall | 2 | | allow the holder to store or warehouse up to 500,000 gallons of | 3 | | spirits manufactured by the holder of the permit at the | 4 | | premises specified on the permit. Sales to non-licensees are | 5 | | prohibited at the premises specified in the craft distiller | 6 | | warehouse permit. | 7 | | (w) A beer showcase permit license shall allow an | 8 | | Illinois-licensed distributor to transfer a portion of its | 9 | | beer inventory from its licensed premises to the premises | 10 | | specified in the beer showcase permit license, and, in the | 11 | | case of a class 3 brewer, transfer only beer the class 3 brewer | 12 | | manufactures from its licensed premises to the premises | 13 | | specified in the beer showcase permit license; and to sell or | 14 | | offer for sale at retail, only in the premises specified in the | 15 | | beer showcase permit license, the transferred or delivered | 16 | | beer for on or off premise consumption, but not for resale in | 17 | | any form and to sell to non-licensees not more than 96 fluid | 18 | | ounces of beer per person. A beer showcase permit license may | 19 | | be granted for the following time periods: one day or less; or | 20 | | 2 or more days to a maximum of 15 days per location in any | 21 | | 12-month period. An applicant for a beer showcase permit | 22 | | license must also submit with the application proof | 23 | | satisfactory to the State Commission that the applicant will | 24 | | provide dram shop liability insurance to the maximum limits | 25 | | and have local authority approval. The State Commission shall | 26 | | require the beer showcase applicant to comply with Section |
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| 1 | | 6-27.1. | 2 | | (x) A brewer shipper's license shall allow a person with a | 3 | | brewer, class 1 brewer, class 2 brewer, class 3 brewer, or | 4 | | brewpub license or who is licensed to make beer under the laws | 5 | | of another state to ship beer made by that licensee directly to | 6 | | a resident of this State who is 21 years of age or older for | 7 | | that resident's personal use and not for resale. Prior to | 8 | | receiving a brewer shipper's license, an applicant for the | 9 | | license must provide the State Commission with a true copy of | 10 | | its current license in any state in which it is licensed as a | 11 | | manufacturer of beer. An applicant for a brewer shipper's | 12 | | license must also complete an application form that provides | 13 | | any other information the State Commission deems necessary. | 14 | | The application form shall include all addresses from which | 15 | | the applicant for a brewer shipper's license intends to ship | 16 | | beer, including the name and address of any third party, | 17 | | except for a common carrier, authorized to ship beer on behalf | 18 | | of the licensee. The application form shall include an | 19 | | acknowledgment consenting to the jurisdiction of the State | 20 | | Commission, the Department of Revenue, and the courts of this | 21 | | State concerning the enforcement of this Act and any related | 22 | | laws, rules, and regulations, including authorizing the | 23 | | Department of Revenue and the State Commission to conduct | 24 | | audits for the purpose of ensuring compliance, and an | 25 | | acknowledgment that the brewer shipper's licensee is in | 26 | | compliance with Section 6-2 of this Act. Any third party, |
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| 1 | | except for a common carrier, authorized to ship beer on behalf | 2 | | of a brewer, class 1 brewer, class 2 brewer, class 3 brewer, or | 3 | | brewpub license, or a person who is licensed to make beer under | 4 | | the laws of another state shall also be disclosed by the brewer | 5 | | shipper's licensee, and a copy of the written appointment of | 6 | | the third-party beer provider, except for a common carrier, to | 7 | | the beer manufacturer shall be filed with the State Commission | 8 | | as a supplement to the brewer shipper's license application or | 9 | | any renewal thereof. The brewer shipper's license holder shall | 10 | | affirm under penalty of perjury, as part of the brewer | 11 | | shipper's license application or renewal, that he or she only | 12 | | ships beer, either directly or indirectly through a | 13 | | third-party provider, from the licensee's own production. | 14 | | Except for a common carrier, a third-party provider | 15 | | shipping beer on behalf of a brewer shipper's license holder | 16 | | is the agent of the brewer shipper's license holder and, as | 17 | | such, a brewer shipper's license holder is responsible for the | 18 | | acts and omissions of the third-party provider acting on | 19 | | behalf of the license holder. A third-party provider, except | 20 | | for a common carrier, that engages in shipping beer into | 21 | | Illinois on behalf of a brewer shipper's license holder shall | 22 | | consent to the jurisdiction of the State Commission and the | 23 | | State. Any third party, except for a common carrier, holding | 24 | | such an appointment shall, by February 1 of each calendar year | 25 | | and upon request by the State Commission or the Department of | 26 | | Revenue, file with the State Commission a statement detailing |
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| 1 | | each shipment made to an Illinois resident. The statement | 2 | | shall include the name and address of the third-party provider | 3 | | filing the statement, the time period covered by the | 4 | | statement, and the following information: | 5 | | (1) the name, address, and license number of the | 6 | | brewer shipper on whose behalf the shipment was made; | 7 | | (2) the quantity of the products delivered; and | 8 | | (3) the date and address of the shipment. | 9 | | If the Department of Revenue or the State Commission | 10 | | requests a statement under this paragraph, the third-party | 11 | | provider must provide that statement no later than 30 days | 12 | | after the request is made. Any books, records, supporting | 13 | | papers, and documents containing information and data relating | 14 | | to a statement under this paragraph shall be kept and | 15 | | preserved for a period of 3 years, unless their destruction | 16 | | sooner is authorized, in writing, by the Director of Revenue, | 17 | | and shall be open and available to inspection by the Director | 18 | | of Revenue or the State Commission or any duly authorized | 19 | | officer, agent, or employee of the State Commission or the | 20 | | Department of Revenue, at all times during business hours of | 21 | | the day. Any person who violates any provision of this | 22 | | paragraph or any rule of the State Commission for the | 23 | | administration and enforcement of the provisions of this | 24 | | paragraph is guilty of a Class C misdemeanor. In case of a | 25 | | continuing violation, each day's continuance thereof shall be | 26 | | a separate and distinct offense. |
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| 1 | | The State Commission shall adopt rules as soon as | 2 | | practicable to implement the requirements of this Act and | 3 | | shall adopt rules prohibiting any such third-party appointment | 4 | | of a third-party provider, except for a common carrier, that | 5 | | has been deemed by the State Commission to have violated the | 6 | | provisions of this Act with regard to any brewer shipper's | 7 | | licensee. | 8 | | A brewer shipper's licensee must pay to the Department of | 9 | | Revenue the State liquor gallonage tax under Section 8-1 for | 10 | | all beer that is sold by the licensee and shipped to a person | 11 | | in this State. For the purposes of Section 8-1, a brewer | 12 | | shipper licensee shall be taxed in the same manner as a | 13 | | manufacturer of beer. A licensee who is not otherwise required | 14 | | to register under the Retailers' Occupation Tax Act must | 15 | | register under the Use Tax Act to collect and remit use tax to | 16 | | the Department of Revenue for all gallons of beer that are sold | 17 | | by the licensee and shipped to persons in this State. If a | 18 | | licensee fails to remit the tax imposed under this Act in | 19 | | accordance with the provisions of Article VIII of this Act, | 20 | | the brewer shipper's license shall be revoked in accordance | 21 | | with the provisions of Article VII of this Act. If a licensee | 22 | | fails to properly register and remit tax under the Use Tax Act | 23 | | or the Retailers' Occupation Tax Act for all beer that is sold | 24 | | by the brewer shipper and shipped to persons in this State, the | 25 | | brewer shipper's license shall be revoked in accordance with | 26 | | the provisions of Article VII of this Act. |
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| 1 | | A brewer shipper's licensee must collect, maintain, and | 2 | | submit to the State Commission on a semi-annual basis the | 3 | | total number of cases per resident of beer shipped to | 4 | | residents of this State. A brewer shipper licensed under this | 5 | | subsection (x) must comply with the requirements of Section | 6 | | 6-29 of this Act. | 7 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 8 | | Section 3-12, the State Commission may receive, respond to, | 9 | | and investigate any complaint and impose any of the remedies | 10 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 11 | | As used in this subsection, "third-party provider" means | 12 | | any entity that provides fulfillment house services, including | 13 | | warehousing, packaging, distribution, order processing, or | 14 | | shipment of beer, on behalf of a licensed brewer shipper. | 15 | | (Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; | 16 | | 101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. | 17 | | 8-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22; | 18 | | 102-442, eff. 8-20-21; revised 2-28-22.) | 19 | | (235 ILCS 5/5-3) (from Ch. 43, par. 118) | 20 | | Sec. 5-3. License fees. Except as otherwise provided | 21 | | herein, at the time
application is made to the State | 22 | | Commission for a license of any class, the
applicant shall pay | 23 | | to the State Commission the fee hereinafter provided for
the | 24 | | kind of license applied for. | 25 | | The fee for licenses issued by the State Commission shall |
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| 1 | | be as follows: | |
2 | | | Online | Initial | |
3 | | | renewal | license | |
4 | | | | or | |
5 | | | | non-online | |
6 | | | | renewal |
| |
7 | | For a manufacturer's license: | | | |
8 | | Class 1. Distiller ................. | $4,000 | $5,000 | |
9 | | Class 2. Rectifier ................. | 4,000 | 5,000 | |
10 | | Class 3. Brewer .................... | 1,200 | 1,500 | |
11 | | Class 4. First-class Wine | | | |
12 | | Manufacturer ................... | 1,200 | 1,500 | |
13 | | Class 5. Second-class | | | |
14 | | Wine Manufacturer .............. | 1,500 | 1,750 | |
15 | | Class 6. First-class wine-maker .... | 1,200 | 1,500 | |
16 | | Class 7. Second-class wine-maker ... | 1,500 | 1,750 | |
17 | | Class 8. Limited Wine | | | |
18 | | Manufacturer .................... | 250 | 350 | |
19 | | Class 9. Craft Distiller ............ | 2,000 | 2,500 | |
20 | | Class 10. Class 1 Craft Distiller ... | 50 | 75 | |
21 | | Class 11. Class 2 Craft Distiller ... | 75 | 100 | |
22 | | Class 12. Class 1 Brewer ............ | 50 | 75 | |
23 | | Class 13. Class 2 Brewer ............ | 75 | 100 | |
24 | | Class 14. Class 3 Brewer ............ | 25 | 50 | |
25 | | For a Brew Pub License .............. | 1,200 | 1,500 | |
26 | | For a Distilling Pub License ........ | 1,200 | 1,500 | |
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| 1 | | For a caterer retailer's license .... | 350 | 500 | |
2 | | For a foreign importer's license ... | 25 | 25 | |
3 | | For an importing distributor's | | | |
4 | | license ......................... | 25 | 25 | |
5 | | For a distributor's license | | | |
6 | | (11,250,000 gallons | | | |
7 | | or over) ........................ | 1,450 | 2,200 | |
8 | | For a distributor's license | | | |
9 | | (over 4,500,000 gallons, but | | | |
10 | | under 11,250,000 gallons) ....... | 950 | 1,450 | |
11 | | For a distributor's license | | | |
12 | | (4,500,000 gallons or under) .... | 300 | 450 | |
13 | | For a non-resident dealer's license | | | |
14 | | (500,000 gallons or over) | | | |
15 | | or with self-distribution | | | |
16 | | privileges ..................... | 1,200 | 1,500 | |
17 | | For a non-resident dealer's license | | | |
18 | | (under 500,000 gallons) ........ | 250 | 350 | |
19 | | For a wine-maker's premises | | | |
20 | | license ........................ | 250 | 500 | |
21 | | For a winery shipper's license | | | |
22 | | (under 250,000 gallons) ......... | 200 | 350 | |
23 | | For a winery shipper's license
| | | |
24 | | (250,000 or over, but | | | |
25 | | under 500,000 gallons) .......... | 750 | 1,000 | |
26 | | For a winery shipper's license
| | | |
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| 1 | | (500,000 gallons or over) ....... | 1,200 | 1,500 | |
2 | | For a brewer shipper's license | | | |
3 | | (under 250,000 gallons) ......... | 200 | 350 | |
4 | | For a brewer shipper's license | | | |
5 | | (250,000 or over, but | | | |
6 | | under 500,000 gallons) .......... | 750 | 1,000 | |
7 | | For a brewer shipper's license | | | |
8 | | (500,000 gallons or over) ....... | 1,200 | 1,500 | |
9 | | For a wine-maker's premises | | | |
10 | | license, second location ....... | 500 | 1,000 | |
11 | | For a wine-maker's premises | | | |
12 | | license, third location ........ | 500 | 1,000 | |
13 | | For a retailer's license ........... | 600 | 750 | |
14 | | For a special event retailer's | | | |
15 | | license, (not-for-profit) ...... | 25 | 25 | |
16 | | For a beer showcase permit license, | | | |
17 | | one day only ................... | 100 | 150 | |
18 | | 2 days or more ................. | 150 | 250 | |
19 | | For a special use permit license, | | | |
20 | | one day only ................... | 100 | 150 | |
21 | | 2 days or more ................. | 150 | 250 | |
22 | | For a railroad license ............. | 100 | 150 | |
23 | | For a boat license ................. | 500 | 1,000 | |
24 | | For an airplane license, times the | | | |
25 | | licensee's maximum number of | | | |
26 | | aircraft in flight, serving | | | |
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| 1 | | liquor over the State at any | | | |
2 | | given time, which either | | | |
3 | | originate, terminate, or make | | | |
4 | | an intermediate stop in | | | |
5 | | the State ....................... | 100 | 150 | |
6 | | For a non-beverage user's license: | | | |
7 | | Class 1 ........................ | 24 | 24 | |
8 | | Class 2 ........................ | 60 | 60 | |
9 | | Class 3 ........................ | 120 | 120 | |
10 | | Class 4 ........................ | 240 | 240 | |
11 | | Class 5 ........................ | 600 | 600 | |
12 | | For a broker's license ............. | 750 | 1,000 | |
13 | | For an auction liquor license ...... | 100 | 150 | |
14 | | For a homebrewer special | | | |
15 | | event permit .................... | 25 | 25 | |
16 | | For a craft distiller | | | |
17 | | tasting permit .................. | 25 | 25 | |
18 | | For a BASSET trainer license ........ | 300 | 350 | |
19 | | For a tasting representative | | | |
20 | | license ......................... | 200 | 300 | |
21 | | For a brewer warehouse permit ....... | 25 | 25 | |
22 | | For a craft distiller | | | |
23 | | warehouse permit ............... | 25 | 25 |
| 24 | | Fees collected under this Section shall be paid into the
| 25 | | Dram Shop Fund. The State Commission shall waive license | 26 | | renewal fees for those retailers' licenses that are designated |
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| 1 | | as "1A" by the State Commission and expire on or after July 1, | 2 | | 2022, and on or before June 30, 2023. One-half of the funds | 3 | | received for a retailer's license shall be paid into the Dram | 4 | | Shop Fund and one-half of the funds received for a retailer's | 5 | | license shall be paid into the General Revenue Fund. | 6 | | No fee shall be paid for licenses issued by the State | 7 | | Commission to
the following non-beverage users: | 8 | | (a) Hospitals, sanitariums, or clinics when their use | 9 | | of alcoholic
liquor is exclusively medicinal, mechanical | 10 | | or scientific. | 11 | | (b) Universities, colleges of learning or schools when | 12 | | their use of
alcoholic liquor is exclusively medicinal, | 13 | | mechanical or scientific. | 14 | | (c) Laboratories when their use is exclusively for the | 15 | | purpose of
scientific research. | 16 | | (Source: P.A. 101-482, eff. 8-23-19; 101-615, eff. 12-20-19; | 17 | | 102-442, eff. 8-20-21; 102-558, eff. 8-20-21; 102-699, eff. | 18 | | 4-19-22.)
| 19 | | (235 ILCS 5/6-29) (from Ch. 43, par. 144e)
| 20 | | Sec. 6-29. Winery shipper's and brewer shipper's licenses | 21 | | license .
| 22 | | (a) The General Assembly declares that the following is | 23 | | the
intent of this Section: | 24 | | (1) To authorize direct shipment of wine or beer by an
| 25 | | out-of-state maker of wine or beer on the same basis |
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| 1 | | permitted an
in-state maker of wine or beer pursuant to | 2 | | the authority of the State
under the provisions of Section | 3 | | 2 of the Twenty-First
Amendment to the United States | 4 | | Constitution and in
conformance with the United States | 5 | | Supreme Court decision
decided on May 16, 2005 in Granholm | 6 | | v. Heald. | 7 | | (2) To reaffirm that the General Assembly's findings
| 8 | | and declarations that selling alcoholic liquor through
| 9 | | various direct marketing means such as catalogs,
| 10 | | newspapers, mailings, and the Internet directly to
| 11 | | consumers of this State poses a serious threat to the
| 12 | | State's efforts to further temperance and prevent youth
| 13 | | from accessing alcoholic liquor and the expansion of youth
| 14 | | access to additional types of alcoholic liquors. | 15 | | (3) To maintain the State's broad powers granted by
| 16 | | Section 2 of the Twenty-First Amendment to the United
| 17 | | States Constitution to control the importation or sale of
| 18 | | alcoholic liquor and its right to structure its alcoholic
| 19 | | liquor distribution system. | 20 | | (4) To ensure that the General Assembly, by | 21 | | authorizing
limited direct shipment of wine or beer to | 22 | | meet the directives of
the United States Supreme Court, | 23 | | does not intend to impair
or modify the State's | 24 | | distribution of wine or beer through
distributors or | 25 | | importing distributors, but only to permit
limited | 26 | | shipment of wine or beer for personal use. |
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| 1 | | (5) To provide that, in the event that a court of
| 2 | | competent jurisdiction declares or finds that this
| 3 | | Section, which is enacted to conform Illinois law to the
| 4 | | United States Supreme Court decision, is invalid or
| 5 | | unconstitutional, the Illinois General Assembly at its
| 6 | | earliest general session shall conduct hearings and study
| 7 | | methods to conform to any directive or order of the court | 8 | | consistent with the temperance and
revenue collection | 9 | | purposes of this Act. | 10 | | (b) Notwithstanding any other provision of law, a
wine | 11 | | shipper licensee may ship, for personal use and not for
| 12 | | resale, not more than 12 cases of wine per year to any resident
| 13 | | of this State who is 21 years of age or older. | 14 | | (b-2) Notwithstanding any other provision of law, a brewer | 15 | | shipper's licensee may ship, for personal use and not for | 16 | | resale, not more than 12 cases of beer per year to any resident | 17 | | of this State who is 21 years of age or older. | 18 | | (b-3) Notwithstanding any other provision of law, sale and
| 19 | | shipment by a winery shipper's or brewer shipper's shipper | 20 | | licensee pursuant to this
Section shall be deemed to | 21 | | constitute a sale in this State. | 22 | | (b-5) The shipping container of any wine or beer shipped | 23 | | under this
Section shall be clearly labeled with the following | 24 | | words:
"CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF | 25 | | AGE OR
OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY | 26 | | MUST BE
SHOWN BEFORE DELIVERY.". This warning must be |
| | | HB3020 | - 53 - | LRB103 28603 RPS 54984 b |
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| 1 | | prominently
displayed on the packaging. A licensee shall | 2 | | require the
transporter or common carrier that delivers the | 3 | | wine or beer to obtain
the signature of a person 21 years of | 4 | | age or older at the
delivery address at the time of delivery. | 5 | | At the expense of the
licensee, the licensee shall receive a | 6 | | delivery confirmation
from the express company, common | 7 | | carrier, or contract carrier
indicating the location of the | 8 | | delivery, time of delivery, and
the name and signature of the | 9 | | individual 21 years of age or
older who accepts delivery. The | 10 | | Commission shall design
and create a label or approve a label | 11 | | that must be affixed to
the shipping container by the | 12 | | licensee.
| 13 | | (c) No broker within this State shall solicit consumers to | 14 | | engage in
direct wine or beer shipments under this Section.
| 15 | | (d) It is not the intent of this Section to impair the | 16 | | distribution of
wine or beer through distributors or importing | 17 | | distributors, but only to permit
shipments of wine or beer for | 18 | | personal use.
| 19 | | (Source: P.A. 95-634, eff. 6-1-08 .)
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