Illinois General Assembly - Full Text of SB2193
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB2193  103rd General Assembly

SB2193 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2193

 

Introduced 2/10/2023, by Sen. Ram Villivalam

 

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

    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.


LRB103 28600 RPS 54981 b

 

 

A BILL FOR

 

SB2193LRB103 28600 RPS 54981 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 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
8Commission shall be of the following classes:
9    (a) Manufacturer's license - Class 1. Distiller, Class 2.
10Rectifier, Class 3. Brewer, Class 4. First Class Wine
11Manufacturer, Class 5. Second Class Wine Manufacturer, Class
126. First Class Winemaker, Class 7. Second Class Winemaker,
13Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
14Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft
15Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
16Class 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,

 

 

SB2193- 2 -LRB103 28600 RPS 54981 b

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
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

 

 

SB2193- 3 -LRB103 28600 RPS 54981 b

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,
10including any alcoholic liquor that subsection (e) of Section
116-4 authorizes a brewer to sell in its original package only to
12a non-licensee for pick-up by a non-licensee either within the
13interior of the brewery premises or at outside of the brewery
14premises at a curb-side or parking lot adjacent to the brewery
15premises, subject to any local ordinance.
16    Class 4. A first class wine-manufacturer may make sales
17and deliveries of up to 50,000 gallons of wine to
18manufacturers, importing distributors and distributors, and to
19no other licensees. If a first-class wine-manufacturer
20manufactures beer, it shall also obtain and shall only be
21eligible for, in addition to any current license, a class 1
22brewer license, shall not manufacture more than 930,000
23gallons of beer per year, and shall not be a member of or
24affiliated with, directly or indirectly, a manufacturer that
25produces more than 930,000 gallons of beer per year. If the
26first-class wine-manufacturer manufactures spirits, it shall

 

 

SB2193- 4 -LRB103 28600 RPS 54981 b

1also obtain and shall only be eligible for, in addition to any
2current license, a class 1 craft distiller license, shall not
3manufacture more than 50,000 gallons of spirits per year, and
4shall not be a member of or affiliated with, directly or
5indirectly, a manufacturer that produces more than 50,000
6gallons of spirits per year. A first-class wine-manufacturer
7shall be permitted to sell wine manufactured at the
8first-class wine-manufacturer premises to non-licensees.
9    Class 5. A second class Wine manufacturer may make sales
10and deliveries of more than 50,000 gallons of wine to
11manufacturers, importing distributors and distributors and to
12no other licensees.
13    Class 6. A first-class wine-maker's license shall allow
14the manufacture of up to 50,000 gallons of wine per year, and
15the storage and sale of such wine to distributors in the State
16and to persons without the State, as may be permitted by law. A
17person who, prior to June 1, 2008 (the effective date of Public
18Act 95-634), is a holder of a first-class wine-maker's license
19and annually produces more than 25,000 gallons of its own wine
20and who distributes its wine to licensed retailers shall cease
21this practice on or before July 1, 2008 in compliance with
22Public Act 95-634. If a first-class wine-maker manufactures
23beer, it shall also obtain and shall only be eligible for, in
24addition to any current license, a class 1 brewer license,
25shall not manufacture more than 930,000 gallons of beer per
26year, and shall not be a member of or affiliated with, directly

 

 

SB2193- 5 -LRB103 28600 RPS 54981 b

1or indirectly, a manufacturer that produces more than 930,000
2gallons of beer per year. If the first-class wine-maker
3manufactures spirits, it shall also obtain and shall only be
4eligible for, in addition to any current license, a class 1
5craft distiller license, shall not manufacture more than
650,000 gallons of spirits per year, and shall not be a member
7of or affiliated with, directly or indirectly, a manufacturer
8that produces more than 50,000 gallons of spirits per year. A
9first-class wine-maker holding a class 1 brewer license or a
10class 1 craft distiller license shall not be eligible for a
11wine-maker's premises license but shall be permitted to sell
12wine manufactured at the first-class wine-maker premises to
13non-licensees.
14    Class 7. A second-class wine-maker's license shall allow
15the manufacture of up to 150,000 gallons of wine per year, and
16the storage and sale of such wine to distributors in this State
17and to persons without the State, as may be permitted by law. A
18person who, prior to June 1, 2008 (the effective date of Public
19Act 95-634), is a holder of a second-class wine-maker's
20license and annually produces more than 25,000 gallons of its
21own wine and who distributes its wine to licensed retailers
22shall cease this practice on or before July 1, 2008 in
23compliance with Public Act 95-634. If a second-class
24wine-maker manufactures beer, it shall also obtain and shall
25only be eligible for, in addition to any current license, a
26class 2 brewer license, shall not manufacture more than

 

 

SB2193- 6 -LRB103 28600 RPS 54981 b

13,720,000 gallons of beer per year, and shall not be a member
2of or affiliated with, directly or indirectly, a manufacturer
3that produces more than 3,720,000 gallons of beer per year. If
4a second-class wine-maker manufactures spirits, it shall also
5obtain and shall only be eligible for, in addition to any
6current license, a class 2 craft distiller license, shall not
7manufacture more than 100,000 gallons of spirits per year, and
8shall not be a member of or affiliated with, directly or
9indirectly, a manufacturer that produces more than 100,000
10gallons of spirits per year.
11    Class 8. A limited wine-manufacturer may make sales and
12deliveries not to exceed 40,000 gallons of wine per year to
13distributors, and to non-licensees in accordance with the
14provisions of this Act.
15    Class 9. A craft distiller license, which may only be held
16by a class 1 craft distiller licensee or class 2 craft
17distiller licensee but not held by both a class 1 craft
18distiller licensee and a class 2 craft distiller licensee,
19shall grant all rights conveyed by either: (i) a class 1 craft
20distiller license if the craft distiller holds a class 1 craft
21distiller license; or (ii) a class 2 craft distiller licensee
22if the craft distiller holds a class 2 craft distiller
23license.
24    Class 10. A class 1 craft distiller license, which may
25only be issued to a licensed craft distiller or licensed
26non-resident dealer, shall allow the manufacture of up to

 

 

SB2193- 7 -LRB103 28600 RPS 54981 b

150,000 gallons of spirits per year provided that the class 1
2craft distiller licensee does not manufacture more than a
3combined 50,000 gallons of spirits per year and is not a member
4of or affiliated with, directly or indirectly, a manufacturer
5that produces more than 50,000 gallons of spirits per year. If
6a class 1 craft distiller manufactures beer, it shall also
7obtain and shall only be eligible for, in addition to any
8current license, a class 1 brewer license, shall not
9manufacture more than 930,000 gallons of beer per year, and
10shall not be a member of or affiliated with, directly or
11indirectly, a manufacturer that produces more than 930,000
12gallons of beer per year. If a class 1 craft distiller
13manufactures wine, it shall also obtain and shall only be
14eligible for, in addition to any current license, a
15first-class wine-manufacturer license or a first-class
16wine-maker's license, shall not manufacture more than 50,000
17gallons of wine per year, and shall not be a member of or
18affiliated with, directly or indirectly, a manufacturer that
19produces more than 50,000 gallons of wine per year. A class 1
20craft distiller licensee may make sales and deliveries to
21importing distributors and distributors and to retail
22licensees in accordance with the conditions set forth in
23paragraph (19) of subsection (a) of Section 3-12 of this Act.
24However, the aggregate amount of spirits sold to non-licensees
25and sold or delivered to retail licensees may not exceed 5,000
26gallons per year.

 

 

SB2193- 8 -LRB103 28600 RPS 54981 b

1    A class 1 craft distiller licensee may sell up to 5,000
2gallons of such spirits to non-licensees to the extent
3permitted by any exemption approved by the State Commission
4pursuant to Section 6-4 of this Act. A class 1 craft distiller
5license holder may store such spirits at a non-contiguous
6licensed location, but at no time shall a class 1 craft
7distiller license holder directly or indirectly produce in the
8aggregate more than 50,000 gallons of spirits per year.
9    A class 1 craft distiller licensee may hold more than one
10class 1 craft distiller's license. However, a class 1 craft
11distiller that holds more than one class 1 craft distiller
12license shall not manufacture, in the aggregate, more than
1350,000 gallons of spirits by distillation per year and shall
14not sell, in the aggregate, more than 5,000 gallons of such
15spirits to non-licensees in accordance with an exemption
16approved by the State Commission pursuant to Section 6-4 of
17this Act.
18    Class 11. A class 2 craft distiller license, which may
19only be issued to a licensed craft distiller or licensed
20non-resident dealer, shall allow the manufacture of up to
21100,000 gallons of spirits per year provided that the class 2
22craft distiller licensee does not manufacture more than a
23combined 100,000 gallons of spirits per year and is not a
24member of or affiliated with, directly or indirectly, a
25manufacturer that produces more than 100,000 gallons of
26spirits per year. If a class 2 craft distiller manufactures

 

 

SB2193- 9 -LRB103 28600 RPS 54981 b

1beer, it shall also obtain and shall only be eligible for, in
2addition to any current license, a class 2 brewer license,
3shall not manufacture more than 3,720,000 gallons of beer per
4year, and shall not be a member of or affiliated with, directly
5or indirectly, a manufacturer that produces more than
63,720,000 gallons of beer per year. If a class 2 craft
7distiller manufactures wine, it shall also obtain and shall
8only be eligible for, in addition to any current license, a
9second-class wine-maker's license, shall not manufacture more
10than 150,000 gallons of wine per year, and shall not be a
11member of or affiliated with, directly or indirectly, a
12manufacturer that produces more than 150,000 gallons of wine
13per year. A class 2 craft distiller licensee may make sales and
14deliveries to importing distributors and distributors, but
15shall not make sales or deliveries to any other licensee. If
16the State Commission provides prior approval, a class 2 craft
17distiller licensee may annually transfer up to 100,000 gallons
18of spirits manufactured by that class 2 craft distiller
19licensee to the premises of a licensed class 2 craft distiller
20wholly owned and operated by the same licensee. A class 2 craft
21distiller may transfer spirits to a distilling pub wholly
22owned and operated by the class 2 craft distiller subject to
23the following limitations and restrictions: (i) the transfer
24shall not annually exceed more than 5,000 gallons; (ii) the
25annual amount transferred shall reduce the distilling pub's
26annual permitted production limit; (iii) all spirits

 

 

SB2193- 10 -LRB103 28600 RPS 54981 b

1transferred shall be subject to Article VIII of this Act; (iv)
2a written record shall be maintained by the distiller and
3distilling pub specifying the amount, date of delivery, and
4receipt of the product by the distilling pub; and (v) the
5distilling pub shall be located no farther than 80 miles from
6the class 2 craft distiller's licensed location.
7    A class 2 craft distiller shall, prior to transferring
8spirits to a distilling pub wholly owned by the class 2 craft
9distiller, furnish a written notice to the State Commission of
10intent to transfer spirits setting forth the name and address
11of the distilling pub and shall annually submit to the State
12Commission a verified report identifying the total gallons of
13spirits transferred to the distilling pub wholly owned by the
14class 2 craft distiller.
15    A class 2 craft distiller license holder may store such
16spirits at a non-contiguous licensed location, but at no time
17shall a class 2 craft distiller license holder directly or
18indirectly produce in the aggregate more than 100,000 gallons
19of spirits per year.
20    Class 12. A class 1 brewer license, which may only be
21issued to a licensed brewer or licensed non-resident dealer,
22shall allow the manufacture of up to 930,000 gallons of beer
23per year provided that the class 1 brewer licensee does not
24manufacture more than a combined 930,000 gallons of beer per
25year and is not a member of or affiliated with, directly or
26indirectly, a manufacturer that produces more than 930,000

 

 

SB2193- 11 -LRB103 28600 RPS 54981 b

1gallons of beer per year. If a class 1 brewer manufactures
2spirits, it shall also obtain and shall only be eligible for,
3in addition to any current license, a class 1 craft distiller
4license, shall not manufacture more than 50,000 gallons of
5spirits per year, and shall not be a member of or affiliated
6with, directly or indirectly, a manufacturer that produces
7more than 50,000 gallons of spirits per year. If a class 1
8craft brewer manufactures wine, it shall also obtain and shall
9only be eligible for, in addition to any current license, a
10first-class wine-manufacturer license or a first-class
11wine-maker's license, shall not manufacture more than 50,000
12gallons of wine per year, and shall not be a member of or
13affiliated with, directly or indirectly, a manufacturer that
14produces more than 50,000 gallons of wine per year. A class 1
15brewer licensee may make sales and deliveries to importing
16distributors and distributors and to retail licensees in
17accordance with the conditions set forth in paragraph (18) of
18subsection (a) of Section 3-12 of this Act. If the State
19Commission provides prior approval, a class 1 brewer may
20annually transfer up to 930,000 gallons of beer manufactured
21by that class 1 brewer to the premises of a licensed class 1
22brewer wholly owned and operated by the same licensee.
23    Class 13. A class 2 brewer license, which may only be
24issued to a licensed brewer or licensed non-resident dealer,
25shall allow the manufacture of up to 3,720,000 gallons of beer
26per year provided that the class 2 brewer licensee does not

 

 

SB2193- 12 -LRB103 28600 RPS 54981 b

1manufacture more than a combined 3,720,000 gallons of beer per
2year and is not a member of or affiliated with, directly or
3indirectly, a manufacturer that produces more than 3,720,000
4gallons of beer per year. If a class 2 brewer manufactures
5spirits, it shall also obtain and shall only be eligible for,
6in addition to any current license, a class 2 craft distiller
7license, shall not manufacture more than 100,000 gallons of
8spirits per year, and shall not be a member of or affiliated
9with, directly or indirectly, a manufacturer that produces
10more than 100,000 gallons of spirits per year. If a class 2
11craft distiller manufactures wine, it shall also obtain and
12shall only be eligible for, in addition to any current
13license, a second-class wine-maker's license, shall not
14manufacture more than 150,000 gallons of wine per year, and
15shall not be a member of or affiliated with, directly or
16indirectly, a manufacturer that produces more than 150,000
17gallons of wine a year. A class 2 brewer licensee may make
18sales and deliveries to importing distributors and
19distributors, but shall not make sales or deliveries to any
20other licensee. If the State Commission provides prior
21approval, a class 2 brewer licensee may annually transfer up
22to 3,720,000 gallons of beer manufactured by that class 2
23brewer licensee to the premises of a licensed class 2 brewer
24wholly owned and operated by the same licensee.
25    A class 2 brewer may transfer beer to a brew pub wholly
26owned and operated by the class 2 brewer subject to the

 

 

SB2193- 13 -LRB103 28600 RPS 54981 b

1following limitations and restrictions: (i) the transfer shall
2not annually exceed more than 31,000 gallons; (ii) the annual
3amount transferred shall reduce the brew pub's annual
4permitted production limit; (iii) all beer transferred shall
5be subject to Article VIII of this Act; (iv) a written record
6shall be maintained by the brewer and brew pub specifying the
7amount, date of delivery, and receipt of the product by the
8brew pub; and (v) the brew pub shall be located no farther than
980 miles from the class 2 brewer's licensed location.
10    A class 2 brewer shall, prior to transferring beer to a
11brew pub wholly owned by the class 2 brewer, furnish a written
12notice to the State Commission of intent to transfer beer
13setting forth the name and address of the brew pub and shall
14annually submit to the State Commission a verified report
15identifying the total gallons of beer transferred to the brew
16pub wholly owned by the class 2 brewer.
17    Class 14. A class 3 brewer license, which may be issued to
18a brewer or a non-resident dealer, shall allow the manufacture
19of no more than 465,000 gallons of beer per year and no more
20than 155,000 gallons at a single brewery premises, and shall
21allow the sale of no more than 6,200 gallons of beer from each
22in-state or out-of-state class 3 brewery premises, or 18,600
23gallons in the aggregate, to retail licensees, class 1
24brewers, class 2 brewers, and class 3 brewers as long as the
25class 3 brewer licensee does not manufacture more than a
26combined 465,000 gallons of beer per year and is not a member

 

 

SB2193- 14 -LRB103 28600 RPS 54981 b

1of or affiliated with, directly or indirectly, a manufacturer
2that produces more than 465,000 gallons of beer per year to
3make sales to importing distributors, distributors, retail
4licensees, brewers, class 1 brewers, class 2 brewers, and
5class 3 brewers in accordance with the conditions set forth in
6paragraph (20) of subsection (a) of Section 3-12. If the State
7Commission provides prior approval, a class 3 brewer may
8annually transfer up to 155,000 gallons of beer manufactured
9by that class 3 brewer to the premises of a licensed class 3
10brewer wholly owned and operated by the same licensee. A class
113 brewer shall manufacture beer at the brewer's class 3
12designated licensed premises, and may sell beer as otherwise
13provided in this Act.
14    (a-1) A manufacturer which is licensed in this State to
15make sales or deliveries of alcoholic liquor to licensed
16distributors or importing distributors and which enlists
17agents, representatives, or individuals acting on its behalf
18who contact licensed retailers on a regular and continual
19basis in this State must register those agents,
20representatives, or persons acting on its behalf with the
21State Commission.
22    Registration of agents, representatives, or persons acting
23on behalf of a manufacturer is fulfilled by submitting a form
24to the Commission. The form shall be developed by the
25Commission and shall include the name and address of the
26applicant, the name and address of the manufacturer he or she

 

 

SB2193- 15 -LRB103 28600 RPS 54981 b

1represents, the territory or areas assigned to sell to or
2discuss pricing terms of alcoholic liquor, and any other
3questions deemed appropriate and necessary. All statements in
4the forms required to be made by law or by rule shall be deemed
5material, and any person who knowingly misstates any material
6fact under oath in an application is guilty of a Class B
7misdemeanor. Fraud, misrepresentation, false statements,
8misleading statements, evasions, or suppression of material
9facts in the securing of a registration are grounds for
10suspension or revocation of the registration. The State
11Commission shall post a list of registered agents on the
12Commission's website.
13    (b) A distributor's license shall allow (i) the wholesale
14purchase and storage of alcoholic liquors and sale of
15alcoholic liquors to licensees in this State and to persons
16without the State, as may be permitted by law; (ii) the sale of
17beer, cider, mead, or any combination thereof to brewers,
18class 1 brewers, and class 2 brewers that, pursuant to
19subsection (e) of Section 6-4 of this Act, sell beer, cider,
20mead, or any combination thereof to non-licensees at their
21breweries; (iii) the sale of vermouth to class 1 craft
22distillers and class 2 craft distillers that, pursuant to
23subsection (e) of Section 6-4 of this Act, sell spirits,
24vermouth, or both spirits and vermouth to non-licensees at
25their distilleries; or (iv) as otherwise provided in this Act.
26No person licensed as a distributor shall be granted a

 

 

SB2193- 16 -LRB103 28600 RPS 54981 b

1non-resident dealer's license.
2    (c) An importing distributor's license may be issued to
3and held by those only who are duly licensed distributors,
4upon the filing of an application by a duly licensed
5distributor, with the Commission and the Commission shall,
6without the payment of any fee, immediately issue such
7importing distributor's license to the applicant, which shall
8allow the importation of alcoholic liquor by the licensee into
9this State from any point in the United States outside this
10State, and the purchase of alcoholic liquor in barrels, casks
11or other bulk containers and the bottling of such alcoholic
12liquors before resale thereof, but all bottles or containers
13so filled shall be sealed, labeled, stamped and otherwise made
14to comply with all provisions, rules and regulations governing
15manufacturers in the preparation and bottling of alcoholic
16liquors. The importing distributor's license shall permit such
17licensee to purchase alcoholic liquor from Illinois licensed
18non-resident dealers and foreign importers only. No person
19licensed as an importing distributor shall be granted a
20non-resident dealer's license.
21    (d) A retailer's license shall allow the licensee to sell
22and offer for sale at retail, only in the premises specified in
23the license, alcoholic liquor for use or consumption, but not
24for resale in any form. Except as provided in Section 6-16,
256-29, or 6-29.1, nothing in this Act shall deny, limit,
26remove, or restrict the ability of a holder of a retailer's

 

 

SB2193- 17 -LRB103 28600 RPS 54981 b

1license to transfer or ship alcoholic liquor to the purchaser
2for use or consumption subject to any applicable local law or
3ordinance. For the purposes of this Section, "shipping" means
4the movement of alcoholic liquor from a licensed retailer to a
5consumer via a common carrier. Except as provided in Section
66-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit,
7remove, or restrict the ability of a holder of a retailer's
8license to deliver alcoholic liquor to the purchaser for use
9or consumption. The delivery shall be made only within 12
10hours from the time the alcoholic liquor leaves the licensed
11premises of the retailer for delivery. For the purposes of
12this Section, "delivery" means the movement of alcoholic
13liquor purchased from a licensed retailer to a consumer
14through 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
23include the use of common carriers.
24    Any retail license issued to a manufacturer shall only
25permit the manufacturer to sell beer at retail on the premises
26actually occupied by the manufacturer. For the purpose of

 

 

SB2193- 18 -LRB103 28600 RPS 54981 b

1further describing the type of business conducted at a retail
2licensed premises, a retailer's licensee may be designated by
3the State Commission as (i) an on premise consumption
4retailer, (ii) an off premise sale retailer, or (iii) a
5combined on premise consumption and off premise sale retailer.
6    Except for a municipality with a population of more than
71,000,000 inhabitants, a home rule unit may not regulate the
8delivery of alcoholic liquor inconsistent with this
9subsection. This paragraph is a limitation under subsection
10(i) of Section 6 of Article VII of the Illinois Constitution on
11the concurrent exercise by home rule units of powers and
12functions exercised by the State.
13    Notwithstanding any other provision of this subsection
14(d), a retail licensee may sell alcoholic liquors to a special
15event retailer licensee for resale to the extent permitted
16under subsection (e).
17    (e) A special event retailer's license (not-for-profit)
18shall permit the licensee to purchase alcoholic liquors from
19an Illinois licensed distributor (unless the licensee
20purchases less than $500 of alcoholic liquors for the special
21event, in which case the licensee may purchase the alcoholic
22liquors from a licensed retailer) and shall allow the licensee
23to sell and offer for sale, at retail, alcoholic liquors for
24use or consumption, but not for resale in any form and only at
25the location and on the specific dates designated for the
26special event in the license. An applicant for a special event

 

 

SB2193- 19 -LRB103 28600 RPS 54981 b

1retailer license must (i) furnish with the application: (A) a
2resale number issued under Section 2c of the Retailers'
3Occupation Tax Act or evidence that the applicant is
4registered under Section 2a of the Retailers' Occupation Tax
5Act, (B) a current, valid exemption identification number
6issued under Section 1g of the Retailers' Occupation Tax Act,
7and a certification to the Commission that the purchase of
8alcoholic liquors will be a tax-exempt purchase, or (C) a
9statement that the applicant is not registered under Section
102a of the Retailers' Occupation Tax Act, does not hold a resale
11number under Section 2c of the Retailers' Occupation Tax Act,
12and does not hold an exemption number under Section 1g of the
13Retailers' Occupation Tax Act, in which event the Commission
14shall set forth on the special event retailer's license a
15statement to that effect; (ii) submit with the application
16proof satisfactory to the State Commission that the applicant
17will provide dram shop liability insurance in the maximum
18limits; and (iii) show proof satisfactory to the State
19Commission that the applicant has obtained local authority
20approval.
21    Nothing in this Act prohibits an Illinois licensed
22distributor from offering credit or a refund for unused,
23salable alcoholic liquors to a holder of a special event
24retailer's license or the special event retailer's licensee
25from accepting the credit or refund of alcoholic liquors at
26the conclusion of the event specified in the license.

 

 

SB2193- 20 -LRB103 28600 RPS 54981 b

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

 

 

SB2193- 21 -LRB103 28600 RPS 54981 b

1restaurant thereon.
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
24allow a licensee who concurrently holds a second-class
25wine-maker's license to sell and offer for sale at retail in
26the premises specified in such license up to 100,000 gallons

 

 

SB2193- 22 -LRB103 28600 RPS 54981 b

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

 

 

SB2193- 23 -LRB103 28600 RPS 54981 b

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

 

 

SB2193- 24 -LRB103 28600 RPS 54981 b

1complies with all of the provisions of Section 6-9 of this Act
2with respect to registration of such Illinois licensees as may
3be granted the right to sell such brands at wholesale, and
4(iii) the foreign importer complies with the provisions of
5Sections 6-5 and 6-6 of this Act to the same extent that these
6provisions apply to manufacturers.
7    (l) (i) A broker's license shall be required of all
8persons who solicit orders for, offer to sell or offer to
9supply alcoholic liquor to retailers in the State of Illinois,
10or who offer to retailers to ship or cause to be shipped or to
11make contact with distillers, craft distillers, rectifiers,
12brewers or manufacturers or any other party within or without
13the State of Illinois in order that alcoholic liquors be
14shipped to a distributor, importing distributor or foreign
15importer, whether such solicitation or offer is consummated
16within or without the State of Illinois.
17    No holder of a retailer's license issued by the Illinois
18Liquor Control Commission shall purchase or receive any
19alcoholic liquor, the order for which was solicited or offered
20for sale to such retailer by a broker unless the broker is the
21holder of a valid broker's license.
22    The broker shall, upon the acceptance by a retailer of the
23broker's solicitation of an order or offer to sell or supply or
24deliver or have delivered alcoholic liquors, promptly forward
25to the Illinois Liquor Control Commission a notification of
26said transaction in such form as the Commission may by

 

 

SB2193- 25 -LRB103 28600 RPS 54981 b

1regulations prescribe.
2    (ii) A broker's license shall be required of a person
3within this State, other than a retail licensee, who, for a fee
4or commission, promotes, solicits, or accepts orders for
5alcoholic liquor, for use or consumption and not for resale,
6to be shipped from this State and delivered to residents
7outside of this State by an express company, common carrier,
8or contract carrier. This Section does not apply to any person
9who promotes, solicits, or accepts orders for wine as
10specifically authorized in Section 6-29 of this Act.
11    A broker's license under this subsection (l) shall not
12entitle the holder to buy or sell any alcoholic liquors for his
13own account or to take or deliver title to such alcoholic
14liquors.
15    This subsection (l) shall not apply to distributors,
16employees of distributors, or employees of a manufacturer who
17has registered the trademark, brand or name of the alcoholic
18liquor pursuant to Section 6-9 of this Act, and who regularly
19sells such alcoholic liquor in the State of Illinois only to
20its registrants thereunder.
21    Any agent, representative, or person subject to
22registration pursuant to subsection (a-1) of this Section
23shall not be eligible to receive a broker's license.
24    (m) A non-resident dealer's license shall permit such
25licensee to ship into and warehouse alcoholic liquor into this
26State from any point outside of this State, and to sell such

 

 

SB2193- 26 -LRB103 28600 RPS 54981 b

1alcoholic liquor to Illinois licensed foreign importers and
2importing distributors and to no one else in this State;
3provided that (i) said non-resident dealer shall register with
4the Illinois Liquor Control Commission each and every brand of
5alcoholic liquor which it proposes to sell to Illinois
6licensees during the license period, (ii) it shall comply with
7all of the provisions of Section 6-9 hereof with respect to
8registration of such Illinois licensees as may be granted the
9right to sell such brands at wholesale by duly filing such
10registration statement, thereby authorizing the non-resident
11dealer to proceed to sell such brands at wholesale, and (iii)
12the non-resident dealer shall comply with the provisions of
13Sections 6-5 and 6-6 of this Act to the same extent that these
14provisions apply to manufacturers. No person licensed as a
15non-resident dealer shall be granted a distributor's or
16importing distributor's license.
17    (n) A brew pub license shall allow the licensee to only (i)
18manufacture up to 155,000 gallons of beer per year only on the
19premises specified in the license, (ii) make sales of the beer
20manufactured on the premises or, with the approval of the
21Commission, beer manufactured on another brew pub licensed
22premises that is wholly owned and operated by the same
23licensee to importing distributors, distributors, and to
24non-licensees for use and consumption, (iii) store the beer
25upon the premises, (iv) sell and offer for sale at retail from
26the licensed premises for off-premises consumption no more

 

 

SB2193- 27 -LRB103 28600 RPS 54981 b

1than 155,000 gallons per year so long as such sales are only
2made in-person, (v) sell and offer for sale at retail for use
3and consumption on the premises specified in the license any
4form of alcoholic liquor purchased from a licensed distributor
5or importing distributor, (vi) with the prior approval of the
6Commission, annually transfer no more than 155,000 gallons of
7beer manufactured on the premises to a licensed brew pub
8wholly owned and operated by the same licensee, and (vii)
9notwithstanding item (i) of this subsection, brew pubs wholly
10owned and operated by the same licensee may combine each
11location's production limit of 155,000 gallons of beer per
12year and allocate the aggregate total between the wholly
13owned, operated, and licensed locations.
14    A brew pub licensee shall not under any circumstance sell
15or offer for sale beer manufactured by the brew pub licensee to
16retail licensees.
17    A person who holds a class 2 brewer license may
18simultaneously hold a brew pub license if the class 2 brewer
19(i) does not, under any circumstance, sell or offer for sale
20beer 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
23gallons of beer per year, including the beer manufactured at
24the brew pub; and (iv) is not a member of or affiliated with,
25directly or indirectly, a manufacturer that produces more than
263,720,000 gallons of beer per year or any other alcoholic

 

 

SB2193- 28 -LRB103 28600 RPS 54981 b

1liquor.
2    Notwithstanding any other provision of this Act, a
3licensed brewer, class 2 brewer, or non-resident dealer who
4before July 1, 2015 manufactured less than 3,720,000 gallons
5of beer per year and held a brew pub license on or before July
61, 2015 may (i) continue to qualify for and hold that brew pub
7license for the licensed premises and (ii) manufacture more
8than 3,720,000 gallons of beer per year and continue to
9qualify for and hold that brew pub license if that brewer,
10class 2 brewer, or non-resident dealer does not simultaneously
11hold a class 1 brewer license and is not a member of or
12affiliated with, directly or indirectly, a manufacturer that
13produces more than 3,720,000 gallons of beer per year or that
14produces any other alcoholic liquor.
15    A brew pub licensee may apply for a class 3 brewer license
16and, upon: (i) meeting all applicable qualifications of this
17Act, and relinquishing all commonly owned brew pub or retail
18licenses, shall be issued a class 3 brewer license. Nothing in
19this Act shall prohibit the issuance of a class 3 brewer
20license 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

 

 

SB2193- 29 -LRB103 28600 RPS 54981 b

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,
5the class 3 brewer license shall expire on the same date as the
6existing brew pub license and the State Commission shall not
7require a class 3 brewer licensee to obtain a brewer license,
8or in the alternative to pay a fee for a brewer license, until
9the date the brew pub license of the applicant would have
10expired.
11    (o) A caterer retailer license shall allow the holder to
12serve alcoholic liquors as an incidental part of a food
13service that serves prepared meals which excludes the serving
14of snacks as the primary meal, either on or off-site whether
15licensed or unlicensed. A caterer retailer license shall allow
16the holder, a distributor, or an importing distributor to
17transfer any inventory to and from the holder's retail
18premises and shall allow the holder to purchase alcoholic
19liquor from a distributor or importing distributor to be
20delivered directly to an off-site event.
21    Nothing in this Act prohibits a distributor or importing
22distributor from offering credit or a refund for unused,
23salable beer to a holder of a caterer retailer license or a
24caterer retailer licensee from accepting a credit or refund
25for unused, salable beer, in the event an act of God is the
26sole reason an off-site event is cancelled and if: (i) the

 

 

SB2193- 30 -LRB103 28600 RPS 54981 b

1holder of a caterer retailer license has not transferred
2alcoholic liquor from its caterer retailer premises to an
3off-site location; (ii) the distributor or importing
4distributor offers the credit or refund for the unused,
5salable beer that it delivered to the off-site premises and
6not for any unused, salable beer that the distributor or
7importing distributor delivered to the caterer retailer's
8premises; and (iii) the unused, salable beer would likely
9spoil if transferred to the caterer retailer's premises. A
10caterer retailer license shall allow the holder to transfer
11any inventory from any off-site location to its caterer
12retailer premises at the conclusion of an off-site event or
13engage a distributor or importing distributor to transfer any
14inventory from any off-site location to its caterer retailer
15premises at the conclusion of an off-site event, provided that
16the distributor or importing distributor issues bona fide
17charges to the caterer retailer licensee for fuel, labor, and
18delivery and the distributor or importing distributor collects
19payment from the caterer retailer licensee prior to the
20distributor or importing distributor transferring inventory to
21the caterer retailer premises.
22    For purposes of this subsection (o), an "act of God" means
23an unforeseeable event, such as a rain or snow storm, hail, a
24flood, or a similar event, that is the sole cause of the
25cancellation of an off-site, outdoor event.
26    (p) An auction liquor license shall allow the licensee to

 

 

SB2193- 31 -LRB103 28600 RPS 54981 b

1sell and offer for sale at auction wine and spirits for use or
2consumption, or for resale by an Illinois liquor licensee in
3accordance with provisions of this Act. An auction liquor
4license will be issued to a person and it will permit the
5auction liquor licensee to hold the auction anywhere in the
6State. An auction liquor license must be obtained for each
7auction at least 14 days in advance of the auction date.
8    (q) A special use permit license shall allow an Illinois
9licensed retailer to transfer a portion of its alcoholic
10liquor inventory from its retail licensed premises to the
11premises specified in the license hereby created; to purchase
12alcoholic liquor from a distributor or importing distributor
13to be delivered directly to the location specified in the
14license hereby created; and to sell or offer for sale at
15retail, only in the premises specified in the license hereby
16created, the transferred or delivered alcoholic liquor for use
17or consumption, but not for resale in any form. A special use
18permit license may be granted for the following time periods:
19one day or less; 2 or more days to a maximum of 15 days per
20location in any 12-month period. An applicant for the special
21use permit license must also submit with the application proof
22satisfactory to the State Commission that the applicant will
23provide dram shop liability insurance to the maximum limits
24and have local authority approval.
25    A special use permit license shall allow the holder to
26transfer any inventory from the holder's special use premises

 

 

SB2193- 32 -LRB103 28600 RPS 54981 b

1to its retail premises at the conclusion of the special use
2event or engage a distributor or importing distributor to
3transfer any inventory from the holder's special use premises
4to its retail premises at the conclusion of an off-site event,
5provided that the distributor or importing distributor issues
6bona fide charges to the special use permit licensee for fuel,
7labor, and delivery and the distributor or importing
8distributor collects payment from the retail licensee prior to
9the distributor or importing distributor transferring
10inventory to the retail premises.
11    Nothing in this Act prohibits a distributor or importing
12distributor from offering credit or a refund for unused,
13salable beer to a special use permit licensee or a special use
14permit licensee from accepting a credit or refund for unused,
15salable beer at the conclusion of the event specified in the
16license if: (i) the holder of the special use permit license
17has not transferred alcoholic liquor from its retail licensed
18premises to the premises specified in the special use permit
19license; (ii) the distributor or importing distributor offers
20the credit or refund for the unused, salable beer that it
21delivered to the premises specified in the special use permit
22license and not for any unused, salable beer that the
23distributor or importing distributor delivered to the
24retailer's premises; and (iii) the unused, salable beer would
25likely spoil if transferred to the retailer premises.
26    (r) A winery shipper's license shall allow a person with a

 

 

SB2193- 33 -LRB103 28600 RPS 54981 b

1first-class or second-class wine manufacturer's license, a
2first-class or second-class wine-maker's license, or a limited
3wine manufacturer's license or who is licensed to make wine
4under the laws of another state to ship wine made by that
5licensee directly to a resident of this State who is 21 years
6of age or older for that resident's personal use and not for
7resale. Prior to receiving a winery shipper's license, an
8applicant for the license must provide the Commission with a
9true copy of its current license in any state in which it is
10licensed as a manufacturer of wine. An applicant for a winery
11shipper's license must also complete an application form that
12provides any other information the State Commission deems
13necessary. The application form shall include all addresses
14from which the applicant for a winery shipper's license
15intends to ship wine, including the name and address of any
16third party, except for a common carrier, authorized to ship
17wine on behalf of the manufacturer. The application form shall
18include an acknowledgement consenting to the jurisdiction of
19the Commission, the Illinois Department of Revenue, and the
20courts of this State concerning the enforcement of this Act
21and any related laws, rules, and regulations, including
22authorizing the Department of Revenue and the Commission to
23conduct audits for the purpose of ensuring compliance with
24Public Act 95-634, and an acknowledgement that the wine
25manufacturer is in compliance with Section 6-2 of this Act.
26Any third party, except for a common carrier, authorized to

 

 

SB2193- 34 -LRB103 28600 RPS 54981 b

1ship wine on behalf of a first-class or second-class wine
2manufacturer's licensee, a first-class or second-class
3wine-maker's licensee, a limited wine manufacturer's licensee,
4or a person who is licensed to make wine under the laws of
5another state shall also be disclosed by the winery shipper's
6licensee, and a copy of the written appointment of the
7third-party wine provider, except for a common carrier, to the
8wine manufacturer shall be filed with the State Commission as
9a supplement to the winery shipper's license application or
10any renewal thereof. The winery shipper's license holder shall
11affirm under penalty of perjury, as part of the winery
12shipper's license application or renewal, that he or she only
13ships wine, either directly or indirectly through a
14third-party provider, from the licensee's own production.
15    Except for a common carrier, a third-party provider
16shipping wine on behalf of a winery shipper's license holder
17is the agent of the winery shipper's license holder and, as
18such, a winery shipper's license holder is responsible for the
19acts and omissions of the third-party provider acting on
20behalf of the license holder. A third-party provider, except
21for a common carrier, that engages in shipping wine into
22Illinois on behalf of a winery shipper's license holder shall
23consent to the jurisdiction of the State Commission and the
24State. Any third-party, except for a common carrier, holding
25such an appointment shall, by February 1 of each calendar year
26and upon request by the State Commission or the Department of

 

 

SB2193- 35 -LRB103 28600 RPS 54981 b

1Revenue, file with the State Commission a statement detailing
2each shipment made to an Illinois resident. The statement
3shall include the name and address of the third-party provider
4filing the statement, the time period covered by the
5statement, 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.
10If the Department of Revenue or the State Commission requests
11a statement under this paragraph, the third-party provider
12must provide that statement no later than 30 days after the
13request is made. Any books, records, supporting papers, and
14documents containing information and data relating to a
15statement under this paragraph shall be kept and preserved for
16a period of 3 years, unless their destruction sooner is
17authorized, in writing, by the Director of Revenue, and shall
18be open and available to inspection by the Director of Revenue
19or the State Commission or any duly authorized officer, agent,
20or employee of the State Commission or the Department of
21Revenue, at all times during business hours of the day. Any
22person who violates any provision of this paragraph or any
23rule of the State Commission for the administration and
24enforcement of the provisions of this paragraph is guilty of a
25Class C misdemeanor. In case of a continuing violation, each
26day's continuance thereof shall be a separate and distinct

 

 

SB2193- 36 -LRB103 28600 RPS 54981 b

1offense.
2    The State Commission shall adopt rules as soon as
3practicable to implement the requirements of Public Act 99-904
4and shall adopt rules prohibiting any such third-party
5appointment of a third-party provider, except for a common
6carrier, that has been deemed by the State Commission to have
7violated the provisions of this Act with regard to any winery
8shipper licensee.
9    A winery shipper licensee must pay to the Department of
10Revenue the State liquor gallonage tax under Section 8-1 for
11all wine that is sold by the licensee and shipped to a person
12in this State. For the purposes of Section 8-1, a winery
13shipper licensee shall be taxed in the same manner as a
14manufacturer of wine. A licensee who is not otherwise required
15to register under the Retailers' Occupation Tax Act must
16register under the Use Tax Act to collect and remit use tax to
17the Department of Revenue for all gallons of wine that are sold
18by the licensee and shipped to persons in this State. If a
19licensee fails to remit the tax imposed under this Act in
20accordance with the provisions of Article VIII of this Act,
21the winery shipper's license shall be revoked in accordance
22with the provisions of Article VII of this Act. If a licensee
23fails to properly register and remit tax under the Use Tax Act
24or the Retailers' Occupation Tax Act for all wine that is sold
25by the winery shipper and shipped to persons in this State, the
26winery shipper's license shall be revoked in accordance with

 

 

SB2193- 37 -LRB103 28600 RPS 54981 b

1the provisions of Article VII of this Act.
2    A winery shipper licensee must collect, maintain, and
3submit to the Commission on a semi-annual basis the total
4number of cases per resident of wine shipped to residents of
5this State. A winery shipper licensed under this subsection
6(r) must comply with the requirements of Section 6-29 of this
7Act.
8    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
9Section 3-12, the State Commission may receive, respond to,
10and investigate any complaint and impose any of the remedies
11specified in paragraph (1) of subsection (a) of Section 3-12.
12    As used in this subsection, "third-party provider" means
13any entity that provides fulfillment house services, including
14warehousing, packaging, distribution, order processing, or
15shipment of wine, but not the sale of wine, on behalf of a
16licensed winery shipper.
17    (s) A craft distiller tasting permit license shall allow
18an Illinois licensed class 1 craft distiller or class 2 craft
19distiller to transfer a portion of its alcoholic liquor
20inventory from its class 1 craft distiller or class 2 craft
21distiller licensed premises to the premises specified in the
22license hereby created and to conduct a sampling, only in the
23premises specified in the license hereby created, of the
24transferred alcoholic liquor in accordance with subsection (c)
25of Section 6-31 of this Act. The transferred alcoholic liquor
26may not be sold or resold in any form. An applicant for the

 

 

SB2193- 38 -LRB103 28600 RPS 54981 b

1craft distiller tasting permit license must also submit with
2the application proof satisfactory to the State Commission
3that the applicant will provide dram shop liability insurance
4to the maximum limits and have local authority approval.
5    (t) A brewer warehouse permit may be issued to the holder
6of a class 1 brewer license or a class 2 brewer license. If the
7holder of the permit is a class 1 brewer licensee, the brewer
8warehouse permit shall allow the holder to store or warehouse
9up to 930,000 gallons of tax-determined beer manufactured by
10the holder of the permit at the premises specified on the
11permit. If the holder of the permit is a class 2 brewer
12licensee, the brewer warehouse permit shall allow the holder
13to store or warehouse up to 3,720,000 gallons of
14tax-determined beer manufactured by the holder of the permit
15at the premises specified on the permit. Sales to
16non-licensees are prohibited at the premises specified in the
17brewer warehouse permit.
18    (u) A distilling pub license shall allow the licensee to
19only (i) manufacture up to 5,000 gallons of spirits per year
20only on the premises specified in the license, (ii) make sales
21of the spirits manufactured on the premises or, with the
22approval of the State Commission, spirits manufactured on
23another distilling pub licensed premises that is wholly owned
24and operated by the same licensee to importing distributors
25and distributors and to non-licensees for use and consumption,
26(iii) store the spirits upon the premises, (iv) sell and offer

 

 

SB2193- 39 -LRB103 28600 RPS 54981 b

1for sale at retail from the licensed premises for off-premises
2consumption no more than 5,000 gallons per year so long as such
3sales are only made in-person, (v) sell and offer for sale at
4retail for use and consumption on the premises specified in
5the license any form of alcoholic liquor purchased from a
6licensed distributor or importing distributor, and (vi) with
7the prior approval of the State Commission, annually transfer
8no more than 5,000 gallons of spirits manufactured on the
9premises to a licensed distilling pub wholly owned and
10operated by the same licensee.
11    A distilling pub licensee shall not under any circumstance
12sell or offer for sale spirits manufactured by the distilling
13pub licensee to retail licensees.
14    A person who holds a class 2 craft distiller license may
15simultaneously hold a distilling pub license if the class 2
16craft distiller (i) does not, under any circumstance, sell or
17offer for sale spirits manufactured by the class 2 craft
18distiller to retail licensees; (ii) does not hold more than 3
19distilling pub licenses in this State; (iii) does not
20manufacture more than a combined 100,000 gallons of spirits
21per year, including the spirits manufactured at the distilling
22pub; and (iv) is not a member of or affiliated with, directly
23or indirectly, a manufacturer that produces more than 100,000
24gallons of spirits per year or any other alcoholic liquor.
25    (v) A craft distiller warehouse permit may be issued to
26the holder of a class 1 craft distiller or class 2 craft

 

 

SB2193- 40 -LRB103 28600 RPS 54981 b

1distiller license. The craft distiller warehouse permit shall
2allow the holder to store or warehouse up to 500,000 gallons of
3spirits manufactured by the holder of the permit at the
4premises specified on the permit. Sales to non-licensees are
5prohibited at the premises specified in the craft distiller
6warehouse permit.
7    (w) A beer showcase permit license shall allow an
8Illinois-licensed distributor to transfer a portion of its
9beer inventory from its licensed premises to the premises
10specified in the beer showcase permit license, and, in the
11case of a class 3 brewer, transfer only beer the class 3 brewer
12manufactures from its licensed premises to the premises
13specified in the beer showcase permit license; and to sell or
14offer for sale at retail, only in the premises specified in the
15beer showcase permit license, the transferred or delivered
16beer for on or off premise consumption, but not for resale in
17any form and to sell to non-licensees not more than 96 fluid
18ounces of beer per person. A beer showcase permit license may
19be granted for the following time periods: one day or less; or
202 or more days to a maximum of 15 days per location in any
2112-month period. An applicant for a beer showcase permit
22license must also submit with the application proof
23satisfactory to the State Commission that the applicant will
24provide dram shop liability insurance to the maximum limits
25and have local authority approval. The State Commission shall
26require the beer showcase applicant to comply with Section

 

 

SB2193- 41 -LRB103 28600 RPS 54981 b

16-27.1.
2    (x) A brewer shipper's license shall allow a person with a
3brewer, class 1 brewer, class 2 brewer, class 3 brewer, or
4brewpub license or who is licensed to make beer under the laws
5of another state to ship beer made by that licensee directly to
6a resident of this State who is 21 years of age or older for
7that resident's personal use and not for resale. Prior to
8receiving a brewer shipper's license, an applicant for the
9license must provide the State Commission with a true copy of
10its current license in any state in which it is licensed as a
11manufacturer of beer. An applicant for a brewer shipper's
12license must also complete an application form that provides
13any other information the State Commission deems necessary.
14The application form shall include all addresses from which
15the applicant for a brewer shipper's license intends to ship
16beer, including the name and address of any third party,
17except for a common carrier, authorized to ship beer on behalf
18of the licensee. The application form shall include an
19acknowledgment consenting to the jurisdiction of the State
20Commission, the Department of Revenue, and the courts of this
21State concerning the enforcement of this Act and any related
22laws, rules, and regulations, including authorizing the
23Department of Revenue and the State Commission to conduct
24audits for the purpose of ensuring compliance, and an
25acknowledgment that the brewer shipper's licensee is in
26compliance with Section 6-2 of this Act. Any third party,

 

 

SB2193- 42 -LRB103 28600 RPS 54981 b

1except for a common carrier, authorized to ship beer on behalf
2of a brewer, class 1 brewer, class 2 brewer, class 3 brewer, or
3brewpub license, or a person who is licensed to make beer under
4the laws of another state shall also be disclosed by the brewer
5shipper's licensee, and a copy of the written appointment of
6the third-party beer provider, except for a common carrier, to
7the beer manufacturer shall be filed with the State Commission
8as a supplement to the brewer shipper's license application or
9any renewal thereof. The brewer shipper's license holder shall
10affirm under penalty of perjury, as part of the brewer
11shipper's license application or renewal, that he or she only
12ships beer, either directly or indirectly through a
13third-party provider, from the licensee's own production.
14    Except for a common carrier, a third-party provider
15shipping beer on behalf of a brewer shipper's license holder
16is the agent of the brewer shipper's license holder and, as
17such, a brewer shipper's license holder is responsible for the
18acts and omissions of the third-party provider acting on
19behalf of the license holder. A third-party provider, except
20for a common carrier, that engages in shipping beer into
21Illinois on behalf of a brewer shipper's license holder shall
22consent to the jurisdiction of the State Commission and the
23State. Any third party, except for a common carrier, holding
24such an appointment shall, by February 1 of each calendar year
25and upon request by the State Commission or the Department of
26Revenue, file with the State Commission a statement detailing

 

 

SB2193- 43 -LRB103 28600 RPS 54981 b

1each shipment made to an Illinois resident. The statement
2shall include the name and address of the third-party provider
3filing the statement, the time period covered by the
4statement, 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
10requests a statement under this paragraph, the third-party
11provider must provide that statement no later than 30 days
12after the request is made. Any books, records, supporting
13papers, and documents containing information and data relating
14to a statement under this paragraph shall be kept and
15preserved for a period of 3 years, unless their destruction
16sooner is authorized, in writing, by the Director of Revenue,
17and shall be open and available to inspection by the Director
18of Revenue or the State Commission or any duly authorized
19officer, agent, or employee of the State Commission or the
20Department of Revenue, at all times during business hours of
21the day. Any person who violates any provision of this
22paragraph or any rule of the State Commission for the
23administration and enforcement of the provisions of this
24paragraph is guilty of a Class C misdemeanor. In case of a
25continuing violation, each day's continuance thereof shall be
26a separate and distinct offense.

 

 

SB2193- 44 -LRB103 28600 RPS 54981 b

1    The State Commission shall adopt rules as soon as
2practicable to implement the requirements of this Act and
3shall adopt rules prohibiting any such third-party appointment
4of a third-party provider, except for a common carrier, that
5has been deemed by the State Commission to have violated the
6provisions of this Act with regard to any brewer shipper's
7licensee.
8    A brewer shipper's licensee must pay to the Department of
9Revenue the State liquor gallonage tax under Section 8-1 for
10all beer that is sold by the licensee and shipped to a person
11in this State. For the purposes of Section 8-1, a brewer
12shipper licensee shall be taxed in the same manner as a
13manufacturer of beer. A licensee who is not otherwise required
14to register under the Retailers' Occupation Tax Act must
15register under the Use Tax Act to collect and remit use tax to
16the Department of Revenue for all gallons of beer that are sold
17by the licensee and shipped to persons in this State. If a
18licensee fails to remit the tax imposed under this Act in
19accordance with the provisions of Article VIII of this Act,
20the brewer shipper's license shall be revoked in accordance
21with the provisions of Article VII of this Act. If a licensee
22fails to properly register and remit tax under the Use Tax Act
23or the Retailers' Occupation Tax Act for all beer that is sold
24by the brewer shipper and shipped to persons in this State, the
25brewer shipper's license shall be revoked in accordance with
26the provisions of Article VII of this Act.

 

 

SB2193- 45 -LRB103 28600 RPS 54981 b

1    A brewer shipper's licensee must collect, maintain, and
2submit to the State Commission on a semi-annual basis the
3total number of cases per resident of beer shipped to
4residents of this State. A brewer shipper licensed under this
5subsection (x) must comply with the requirements of Section
66-29 of this Act.
7    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
8Section 3-12, the State Commission may receive, respond to,
9and investigate any complaint and impose any of the remedies
10specified in paragraph (1) of subsection (a) of Section 3-12.
11    As used in this subsection, "third-party provider" means
12any entity that provides fulfillment house services, including
13warehousing, packaging, distribution, order processing, or
14shipment 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;
16101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff.
178-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22;
18102-442, 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
21herein, at the time application is made to the State
22Commission for a license of any class, the applicant shall pay
23to the State Commission the fee hereinafter provided for the
24kind of license applied for.
25    The fee for licenses issued by the State Commission shall

 

 

SB2193- 46 -LRB103 28600 RPS 54981 b

1be as follows:
2OnlineInitial
3renewallicense
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 ...................1,2001,500
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..............1,2001,500
26    For a Distilling Pub License........ 1,200 1,500

 

 

SB2193- 47 -LRB103 28600 RPS 54981 b

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.........................2525
5    For a distributor's license
6        (11,250,000 gallons
7        or over)........................1,4502,200
8    For a distributor's license
9        (over 4,500,000 gallons, but
10        under 11,250,000 gallons)....... 9501,450
11    For a distributor's license
12        (4,500,000 gallons or under)....300450
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 ........................250500
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)..........7501,000
26    For a winery shipper's license

 

 

SB2193- 48 -LRB103 28600 RPS 54981 b

1        (500,000 gallons or over).......1,200 1,500
2    For a brewer shipper's license
3        (under 250,000 gallons).........200350
4    For a brewer shipper's license
5        (250,000 or over, but
6        under 500,000 gallons)..........7501,000
7    For a brewer shipper's license
8        (500,000 gallons or over).......1,2001,500
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 ........5001,000
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

 

 

SB2193- 49 -LRB103 28600 RPS 54981 b

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.......................100150
6    For a non-beverage user's license:
7        Class 1 ........................2424
8        Class 2 ........................6060
9        Class 3 ........................120120
10        Class 4 ........................240240
11        Class 5 ........................600600
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....................2525
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.........................200300
21    For a brewer warehouse permit....... 2525
22    For a craft distiller
23        warehouse permit...............25 25
24    Fees collected under this Section shall be paid into the
25Dram Shop Fund. The State Commission shall waive license
26renewal fees for those retailers' licenses that are designated

 

 

SB2193- 50 -LRB103 28600 RPS 54981 b

1as "1A" by the State Commission and expire on or after July 1,
22022, and on or before June 30, 2023. One-half of the funds
3received for a retailer's license shall be paid into the Dram
4Shop Fund and one-half of the funds received for a retailer's
5license shall be paid into the General Revenue Fund.
6    No fee shall be paid for licenses issued by the State
7Commission 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;
17102-442, eff. 8-20-21; 102-558, eff. 8-20-21; 102-699, eff.
184-19-22.)
 
19    (235 ILCS 5/6-29)  (from Ch. 43, par. 144e)
20    Sec. 6-29. Winery shipper's and brewer shipper's licenses
21license.
22    (a) The General Assembly declares that the following is
23the 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

 

 

SB2193- 51 -LRB103 28600 RPS 54981 b

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.

 

 

SB2193- 52 -LRB103 28600 RPS 54981 b

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
11shipper licensee may ship, for personal use and not for
12resale, not more than 12 cases of wine per year to any resident
13of this State who is 21 years of age or older.
14    (b-2) Notwithstanding any other provision of law, a brewer
15shipper's licensee may ship, for personal use and not for
16resale, not more than 12 cases of beer per year to any resident
17of this State who is 21 years of age or older.
18    (b-3) Notwithstanding any other provision of law, sale and
19shipment by a winery shipper's or brewer shipper's shipper
20licensee pursuant to this Section shall be deemed to
21constitute a sale in this State.
22    (b-5) The shipping container of any wine or beer shipped
23under this Section shall be clearly labeled with the following
24words: "CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF
25AGE OR OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY
26MUST BE SHOWN BEFORE DELIVERY.". This warning must be

 

 

SB2193- 53 -LRB103 28600 RPS 54981 b

1prominently displayed on the packaging. A licensee shall
2require the transporter or common carrier that delivers the
3wine or beer to obtain the signature of a person 21 years of
4age or older at the delivery address at the time of delivery.
5At the expense of the licensee, the licensee shall receive a
6delivery confirmation from the express company, common
7carrier, or contract carrier indicating the location of the
8delivery, time of delivery, and the name and signature of the
9individual 21 years of age or older who accepts delivery. The
10Commission shall design and create a label or approve a label
11that must be affixed to the shipping container by the
12licensee.
13    (c) No broker within this State shall solicit consumers to
14engage in direct wine or beer shipments under this Section.
15    (d) It is not the intent of this Section to impair the
16distribution of wine or beer through distributors or importing
17distributors, but only to permit shipments of wine or beer for
18personal use.
19(Source: P.A. 95-634, eff. 6-1-08.)