Illinois General Assembly - Full Text of SB3161
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Full Text of SB3161  103rd General Assembly

SB3161 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3161

 

Introduced 2/6/2024, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7.5
235 ILCS 5/1-3.45 new
235 ILCS 5/3-12
235 ILCS 5/5-1  from Ch. 43, par. 115
235 ILCS 5/5-8 new
235 ILCS 5/6-29  from Ch. 43, par. 144e
235 ILCS 5/7-3.5 new
235 ILCS 5/7-15 new

    Amends the Liquor Control Act of 1934. Provides that the amendatory Act may be referred to as the Uniform Alcohol Direct-Shipping Compliance Act. Provides for the registration of third-party providers that ship wine to residents of this State on behalf of winery shippers. With regard to third-party providers, sets forth provisions concerning registration applications; recordkeeping; reporting; and suspending, revoking, or refusing to issue or renew a registration. Provides that a carrier may not deliver to a consumer a package known by the carrier to contain wine unless the consignor is a licensed winery shipper or registered third-party provider and the carrier has verified that license or registration for the current license period. Requires winery shippers, third-party providers, and carriers to file with the Illinois Liquor Control Commission a monthly report containing specified information concerning wine shipments. Provides that the State Commission may suspend, revoke, or refuse to issue or renew a license to manufacture, distribute, or sell alcoholic liquor issued by the State Commission if the State Commission finds, after notice and an opportunity for an evidentiary hearing, that the person holding the license has shipped alcoholic liquor into another state in violation of that state's law. Makes other changes. Amends the Freedom of Information Act to make a conforming change.


LRB103 39274 RPS 69427 b

 

 

A BILL FOR

 

SB3161LRB103 39274 RPS 69427 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 1. This Act may be referred to as the Uniform
5Alcohol Direct-Shipping Compliance Act.
 
6    Section 5. The Freedom of Information Act is amended by
7changing Section 7.5 as follows:
 
8    (5 ILCS 140/7.5)
9    (Text of Section before amendment by P.A. 103-472)
10    Sec. 7.5. Statutory exemptions. To the extent provided for
11by the statutes referenced below, the following shall be
12exempt from inspection and copying:
13        (a) All information determined to be confidential
14    under Section 4002 of the Technology Advancement and
15    Development Act.
16        (b) Library circulation and order records identifying
17    library users with specific materials under the Library
18    Records Confidentiality Act.
19        (c) Applications, related documents, and medical
20    records received by the Experimental Organ Transplantation
21    Procedures Board and any and all documents or other
22    records prepared by the Experimental Organ Transplantation

 

 

SB3161- 2 -LRB103 39274 RPS 69427 b

1    Procedures Board or its staff relating to applications it
2    has received.
3        (d) Information and records held by the Department of
4    Public Health and its authorized representatives relating
5    to known or suspected cases of sexually transmissible
6    disease or any information the disclosure of which is
7    restricted under the Illinois Sexually Transmissible
8    Disease Control Act.
9        (e) Information the disclosure of which is exempted
10    under Section 30 of the Radon Industry Licensing Act.
11        (f) Firm performance evaluations under Section 55 of
12    the Architectural, Engineering, and Land Surveying
13    Qualifications Based Selection Act.
14        (g) Information the disclosure of which is restricted
15    and exempted under Section 50 of the Illinois Prepaid
16    Tuition Act.
17        (h) Information the disclosure of which is exempted
18    under the State Officials and Employees Ethics Act, and
19    records of any lawfully created State or local inspector
20    general's office that would be exempt if created or
21    obtained by an Executive Inspector General's office under
22    that Act.
23        (i) Information contained in a local emergency energy
24    plan submitted to a municipality in accordance with a
25    local emergency energy plan ordinance that is adopted
26    under Section 11-21.5-5 of the Illinois Municipal Code.

 

 

SB3161- 3 -LRB103 39274 RPS 69427 b

1        (j) Information and data concerning the distribution
2    of surcharge moneys collected and remitted by carriers
3    under the Emergency Telephone System Act.
4        (k) Law enforcement officer identification information
5    or driver identification information compiled by a law
6    enforcement agency or the Department of Transportation
7    under Section 11-212 of the Illinois Vehicle Code.
8        (l) Records and information provided to a residential
9    health care facility resident sexual assault and death
10    review team or the Executive Council under the Abuse
11    Prevention Review Team Act.
12        (m) Information provided to the predatory lending
13    database created pursuant to Article 3 of the Residential
14    Real Property Disclosure Act, except to the extent
15    authorized under that Article.
16        (n) Defense budgets and petitions for certification of
17    compensation and expenses for court appointed trial
18    counsel as provided under Sections 10 and 15 of the
19    Capital Crimes Litigation Act (repealed). This subsection
20    (n) shall apply until the conclusion of the trial of the
21    case, even if the prosecution chooses not to pursue the
22    death penalty prior to trial or sentencing.
23        (o) Information that is prohibited from being
24    disclosed under Section 4 of the Illinois Health and
25    Hazardous Substances Registry Act.
26        (p) Security portions of system safety program plans,

 

 

SB3161- 4 -LRB103 39274 RPS 69427 b

1    investigation reports, surveys, schedules, lists, data, or
2    information compiled, collected, or prepared by or for the
3    Department of Transportation under Sections 2705-300 and
4    2705-616 of the Department of Transportation Law of the
5    Civil Administrative Code of Illinois, the Regional
6    Transportation Authority under Section 2.11 of the
7    Regional Transportation Authority Act, or the St. Clair
8    County Transit District under the Bi-State Transit Safety
9    Act (repealed).
10        (q) Information prohibited from being disclosed by the
11    Personnel Record Review Act.
12        (r) Information prohibited from being disclosed by the
13    Illinois School Student Records Act.
14        (s) Information the disclosure of which is restricted
15    under Section 5-108 of the Public Utilities Act.
16        (t) (Blank).
17        (u) Records and information provided to an independent
18    team of experts under the Developmental Disability and
19    Mental Health Safety Act (also known as Brian's Law).
20        (v) Names and information of people who have applied
21    for or received Firearm Owner's Identification Cards under
22    the Firearm Owners Identification Card Act or applied for
23    or received a concealed carry license under the Firearm
24    Concealed Carry Act, unless otherwise authorized by the
25    Firearm Concealed Carry Act; and databases under the
26    Firearm Concealed Carry Act, records of the Concealed

 

 

SB3161- 5 -LRB103 39274 RPS 69427 b

1    Carry Licensing Review Board under the Firearm Concealed
2    Carry Act, and law enforcement agency objections under the
3    Firearm Concealed Carry Act.
4        (v-5) Records of the Firearm Owner's Identification
5    Card Review Board that are exempted from disclosure under
6    Section 10 of the Firearm Owners Identification Card Act.
7        (w) Personally identifiable information which is
8    exempted from disclosure under subsection (g) of Section
9    19.1 of the Toll Highway Act.
10        (x) Information which is exempted from disclosure
11    under Section 5-1014.3 of the Counties Code or Section
12    8-11-21 of the Illinois Municipal Code.
13        (y) Confidential information under the Adult
14    Protective Services Act and its predecessor enabling
15    statute, the Elder Abuse and Neglect Act, including
16    information about the identity and administrative finding
17    against any caregiver of a verified and substantiated
18    decision of abuse, neglect, or financial exploitation of
19    an eligible adult maintained in the Registry established
20    under Section 7.5 of the Adult Protective Services Act.
21        (z) Records and information provided to a fatality
22    review team or the Illinois Fatality Review Team Advisory
23    Council under Section 15 of the Adult Protective Services
24    Act.
25        (aa) Information which is exempted from disclosure
26    under Section 2.37 of the Wildlife Code.

 

 

SB3161- 6 -LRB103 39274 RPS 69427 b

1        (bb) Information which is or was prohibited from
2    disclosure by the Juvenile Court Act of 1987.
3        (cc) Recordings made under the Law Enforcement
4    Officer-Worn Body Camera Act, except to the extent
5    authorized under that Act.
6        (dd) Information that is prohibited from being
7    disclosed under Section 45 of the Condominium and Common
8    Interest Community Ombudsperson Act.
9        (ee) Information that is exempted from disclosure
10    under Section 30.1 of the Pharmacy Practice Act.
11        (ff) Information that is exempted from disclosure
12    under the Revised Uniform Unclaimed Property Act.
13        (gg) Information that is prohibited from being
14    disclosed under Section 7-603.5 of the Illinois Vehicle
15    Code.
16        (hh) Records that are exempt from disclosure under
17    Section 1A-16.7 of the Election Code.
18        (ii) Information which is exempted from disclosure
19    under Section 2505-800 of the Department of Revenue Law of
20    the Civil Administrative Code of Illinois.
21        (jj) Information and reports that are required to be
22    submitted to the Department of Labor by registering day
23    and temporary labor service agencies but are exempt from
24    disclosure under subsection (a-1) of Section 45 of the Day
25    and Temporary Labor Services Act.
26        (kk) Information prohibited from disclosure under the

 

 

SB3161- 7 -LRB103 39274 RPS 69427 b

1    Seizure and Forfeiture Reporting Act.
2        (ll) Information the disclosure of which is restricted
3    and exempted under Section 5-30.8 of the Illinois Public
4    Aid Code.
5        (mm) Records that are exempt from disclosure under
6    Section 4.2 of the Crime Victims Compensation Act.
7        (nn) Information that is exempt from disclosure under
8    Section 70 of the Higher Education Student Assistance Act.
9        (oo) Communications, notes, records, and reports
10    arising out of a peer support counseling session
11    prohibited from disclosure under the First Responders
12    Suicide Prevention Act.
13        (pp) Names and all identifying information relating to
14    an employee of an emergency services provider or law
15    enforcement agency under the First Responders Suicide
16    Prevention Act.
17        (qq) Information and records held by the Department of
18    Public Health and its authorized representatives collected
19    under the Reproductive Health Act.
20        (rr) Information that is exempt from disclosure under
21    the Cannabis Regulation and Tax Act.
22        (ss) Data reported by an employer to the Department of
23    Human Rights pursuant to Section 2-108 of the Illinois
24    Human Rights Act.
25        (tt) Recordings made under the Children's Advocacy
26    Center Act, except to the extent authorized under that

 

 

SB3161- 8 -LRB103 39274 RPS 69427 b

1    Act.
2        (uu) Information that is exempt from disclosure under
3    Section 50 of the Sexual Assault Evidence Submission Act.
4        (vv) Information that is exempt from disclosure under
5    subsections (f) and (j) of Section 5-36 of the Illinois
6    Public Aid Code.
7        (ww) Information that is exempt from disclosure under
8    Section 16.8 of the State Treasurer Act.
9        (xx) Information that is exempt from disclosure or
10    information that shall not be made public under the
11    Illinois Insurance Code.
12        (yy) Information prohibited from being disclosed under
13    the Illinois Educational Labor Relations Act.
14        (zz) Information prohibited from being disclosed under
15    the Illinois Public Labor Relations Act.
16        (aaa) Information prohibited from being disclosed
17    under Section 1-167 of the Illinois Pension Code.
18        (bbb) Information that is prohibited from disclosure
19    by the Illinois Police Training Act and the Illinois State
20    Police Act.
21        (ccc) Records exempt from disclosure under Section
22    2605-304 of the Illinois State Police Law of the Civil
23    Administrative Code of Illinois.
24        (ddd) Information prohibited from being disclosed
25    under Section 35 of the Address Confidentiality for
26    Victims of Domestic Violence, Sexual Assault, Human

 

 

SB3161- 9 -LRB103 39274 RPS 69427 b

1    Trafficking, or Stalking Act.
2        (eee) Information prohibited from being disclosed
3    under subsection (b) of Section 75 of the Domestic
4    Violence Fatality Review Act.
5        (fff) Images from cameras under the Expressway Camera
6    Act. This subsection (fff) is inoperative on and after
7    July 1, 2025.
8        (ggg) Information prohibited from disclosure under
9    paragraph (3) of subsection (a) of Section 14 of the Nurse
10    Agency Licensing Act.
11        (hhh) Information submitted to the Illinois State
12    Police in an affidavit or application for an assault
13    weapon endorsement, assault weapon attachment endorsement,
14    .50 caliber rifle endorsement, or .50 caliber cartridge
15    endorsement under the Firearm Owners Identification Card
16    Act.
17        (iii) Data exempt from disclosure under Section 50 of
18    the School Safety Drill Act.
19        (jjj) (hhh) Information exempt from disclosure under
20    Section 30 of the Insurance Data Security Law.
21        (kkk) (iii) Confidential business information
22    prohibited from disclosure under Section 45 of the Paint
23    Stewardship Act.
24        (lll) (Reserved).
25        (mmm) (iii) Information prohibited from being
26    disclosed under subsection (e) of Section 1-129 of the

 

 

SB3161- 10 -LRB103 39274 RPS 69427 b

1    Illinois Power Agency Act.
2        (nnn) Information prohibited from being disclosed
3    under Section 6-29 of the Liquor Control Act of 1934.
4(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
5102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
68-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
7102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
86-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
9eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
10revised 1-2-24.)
 
11    (Text of Section after amendment by P.A. 103-472)
12    Sec. 7.5. Statutory exemptions. To the extent provided for
13by the statutes referenced below, the following shall be
14exempt from inspection and copying:
15        (a) All information determined to be confidential
16    under Section 4002 of the Technology Advancement and
17    Development Act.
18        (b) Library circulation and order records identifying
19    library users with specific materials under the Library
20    Records Confidentiality Act.
21        (c) Applications, related documents, and medical
22    records received by the Experimental Organ Transplantation
23    Procedures Board and any and all documents or other
24    records prepared by the Experimental Organ Transplantation
25    Procedures Board or its staff relating to applications it

 

 

SB3161- 11 -LRB103 39274 RPS 69427 b

1    has received.
2        (d) Information and records held by the Department of
3    Public Health and its authorized representatives relating
4    to known or suspected cases of sexually transmissible
5    disease or any information the disclosure of which is
6    restricted under the Illinois Sexually Transmissible
7    Disease Control Act.
8        (e) Information the disclosure of which is exempted
9    under Section 30 of the Radon Industry Licensing Act.
10        (f) Firm performance evaluations under Section 55 of
11    the Architectural, Engineering, and Land Surveying
12    Qualifications Based Selection Act.
13        (g) Information the disclosure of which is restricted
14    and exempted under Section 50 of the Illinois Prepaid
15    Tuition Act.
16        (h) Information the disclosure of which is exempted
17    under the State Officials and Employees Ethics Act, and
18    records of any lawfully created State or local inspector
19    general's office that would be exempt if created or
20    obtained by an Executive Inspector General's office under
21    that Act.
22        (i) Information contained in a local emergency energy
23    plan submitted to a municipality in accordance with a
24    local emergency energy plan ordinance that is adopted
25    under Section 11-21.5-5 of the Illinois Municipal Code.
26        (j) Information and data concerning the distribution

 

 

SB3161- 12 -LRB103 39274 RPS 69427 b

1    of surcharge moneys collected and remitted by carriers
2    under the Emergency Telephone System Act.
3        (k) Law enforcement officer identification information
4    or driver identification information compiled by a law
5    enforcement agency or the Department of Transportation
6    under Section 11-212 of the Illinois Vehicle Code.
7        (l) Records and information provided to a residential
8    health care facility resident sexual assault and death
9    review team or the Executive Council under the Abuse
10    Prevention Review Team Act.
11        (m) Information provided to the predatory lending
12    database created pursuant to Article 3 of the Residential
13    Real Property Disclosure Act, except to the extent
14    authorized under that Article.
15        (n) Defense budgets and petitions for certification of
16    compensation and expenses for court appointed trial
17    counsel as provided under Sections 10 and 15 of the
18    Capital Crimes Litigation Act (repealed). This subsection
19    (n) shall apply until the conclusion of the trial of the
20    case, even if the prosecution chooses not to pursue the
21    death penalty prior to trial or sentencing.
22        (o) Information that is prohibited from being
23    disclosed under Section 4 of the Illinois Health and
24    Hazardous Substances Registry Act.
25        (p) Security portions of system safety program plans,
26    investigation reports, surveys, schedules, lists, data, or

 

 

SB3161- 13 -LRB103 39274 RPS 69427 b

1    information compiled, collected, or prepared by or for the
2    Department of Transportation under Sections 2705-300 and
3    2705-616 of the Department of Transportation Law of the
4    Civil Administrative Code of Illinois, the Regional
5    Transportation Authority under Section 2.11 of the
6    Regional Transportation Authority Act, or the St. Clair
7    County Transit District under the Bi-State Transit Safety
8    Act (repealed).
9        (q) Information prohibited from being disclosed by the
10    Personnel Record Review Act.
11        (r) Information prohibited from being disclosed by the
12    Illinois School Student Records Act.
13        (s) Information the disclosure of which is restricted
14    under Section 5-108 of the Public Utilities Act.
15        (t) (Blank).
16        (u) Records and information provided to an independent
17    team of experts under the Developmental Disability and
18    Mental Health Safety Act (also known as Brian's Law).
19        (v) Names and information of people who have applied
20    for or received Firearm Owner's Identification Cards under
21    the Firearm Owners Identification Card Act or applied for
22    or received a concealed carry license under the Firearm
23    Concealed Carry Act, unless otherwise authorized by the
24    Firearm Concealed Carry Act; and databases under the
25    Firearm Concealed Carry Act, records of the Concealed
26    Carry Licensing Review Board under the Firearm Concealed

 

 

SB3161- 14 -LRB103 39274 RPS 69427 b

1    Carry Act, and law enforcement agency objections under the
2    Firearm Concealed Carry Act.
3        (v-5) Records of the Firearm Owner's Identification
4    Card Review Board that are exempted from disclosure under
5    Section 10 of the Firearm Owners Identification Card Act.
6        (w) Personally identifiable information which is
7    exempted from disclosure under subsection (g) of Section
8    19.1 of the Toll Highway Act.
9        (x) Information which is exempted from disclosure
10    under Section 5-1014.3 of the Counties Code or Section
11    8-11-21 of the Illinois Municipal Code.
12        (y) Confidential information under the Adult
13    Protective Services Act and its predecessor enabling
14    statute, the Elder Abuse and Neglect Act, including
15    information about the identity and administrative finding
16    against any caregiver of a verified and substantiated
17    decision of abuse, neglect, or financial exploitation of
18    an eligible adult maintained in the Registry established
19    under Section 7.5 of the Adult Protective Services Act.
20        (z) Records and information provided to a fatality
21    review team or the Illinois Fatality Review Team Advisory
22    Council under Section 15 of the Adult Protective Services
23    Act.
24        (aa) Information which is exempted from disclosure
25    under Section 2.37 of the Wildlife Code.
26        (bb) Information which is or was prohibited from

 

 

SB3161- 15 -LRB103 39274 RPS 69427 b

1    disclosure by the Juvenile Court Act of 1987.
2        (cc) Recordings made under the Law Enforcement
3    Officer-Worn Body Camera Act, except to the extent
4    authorized under that Act.
5        (dd) Information that is prohibited from being
6    disclosed under Section 45 of the Condominium and Common
7    Interest Community Ombudsperson Act.
8        (ee) Information that is exempted from disclosure
9    under Section 30.1 of the Pharmacy Practice Act.
10        (ff) Information that is exempted from disclosure
11    under the Revised Uniform Unclaimed Property Act.
12        (gg) Information that is prohibited from being
13    disclosed under Section 7-603.5 of the Illinois Vehicle
14    Code.
15        (hh) Records that are exempt from disclosure under
16    Section 1A-16.7 of the Election Code.
17        (ii) Information which is exempted from disclosure
18    under Section 2505-800 of the Department of Revenue Law of
19    the Civil Administrative Code of Illinois.
20        (jj) Information and reports that are required to be
21    submitted to the Department of Labor by registering day
22    and temporary labor service agencies but are exempt from
23    disclosure under subsection (a-1) of Section 45 of the Day
24    and Temporary Labor Services Act.
25        (kk) Information prohibited from disclosure under the
26    Seizure and Forfeiture Reporting Act.

 

 

SB3161- 16 -LRB103 39274 RPS 69427 b

1        (ll) Information the disclosure of which is restricted
2    and exempted under Section 5-30.8 of the Illinois Public
3    Aid Code.
4        (mm) Records that are exempt from disclosure under
5    Section 4.2 of the Crime Victims Compensation Act.
6        (nn) Information that is exempt from disclosure under
7    Section 70 of the Higher Education Student Assistance Act.
8        (oo) Communications, notes, records, and reports
9    arising out of a peer support counseling session
10    prohibited from disclosure under the First Responders
11    Suicide Prevention Act.
12        (pp) Names and all identifying information relating to
13    an employee of an emergency services provider or law
14    enforcement agency under the First Responders Suicide
15    Prevention Act.
16        (qq) Information and records held by the Department of
17    Public Health and its authorized representatives collected
18    under the Reproductive Health Act.
19        (rr) Information that is exempt from disclosure under
20    the Cannabis Regulation and Tax Act.
21        (ss) Data reported by an employer to the Department of
22    Human Rights pursuant to Section 2-108 of the Illinois
23    Human Rights Act.
24        (tt) Recordings made under the Children's Advocacy
25    Center Act, except to the extent authorized under that
26    Act.

 

 

SB3161- 17 -LRB103 39274 RPS 69427 b

1        (uu) Information that is exempt from disclosure under
2    Section 50 of the Sexual Assault Evidence Submission Act.
3        (vv) Information that is exempt from disclosure under
4    subsections (f) and (j) of Section 5-36 of the Illinois
5    Public Aid Code.
6        (ww) Information that is exempt from disclosure under
7    Section 16.8 of the State Treasurer Act.
8        (xx) Information that is exempt from disclosure or
9    information that shall not be made public under the
10    Illinois Insurance Code.
11        (yy) Information prohibited from being disclosed under
12    the Illinois Educational Labor Relations Act.
13        (zz) Information prohibited from being disclosed under
14    the Illinois Public Labor Relations Act.
15        (aaa) Information prohibited from being disclosed
16    under Section 1-167 of the Illinois Pension Code.
17        (bbb) Information that is prohibited from disclosure
18    by the Illinois Police Training Act and the Illinois State
19    Police Act.
20        (ccc) Records exempt from disclosure under Section
21    2605-304 of the Illinois State Police Law of the Civil
22    Administrative Code of Illinois.
23        (ddd) Information prohibited from being disclosed
24    under Section 35 of the Address Confidentiality for
25    Victims of Domestic Violence, Sexual Assault, Human
26    Trafficking, or Stalking Act.

 

 

SB3161- 18 -LRB103 39274 RPS 69427 b

1        (eee) Information prohibited from being disclosed
2    under subsection (b) of Section 75 of the Domestic
3    Violence Fatality Review Act.
4        (fff) Images from cameras under the Expressway Camera
5    Act. This subsection (fff) is inoperative on and after
6    July 1, 2025.
7        (ggg) Information prohibited from disclosure under
8    paragraph (3) of subsection (a) of Section 14 of the Nurse
9    Agency Licensing Act.
10        (hhh) Information submitted to the Illinois State
11    Police in an affidavit or application for an assault
12    weapon endorsement, assault weapon attachment endorsement,
13    .50 caliber rifle endorsement, or .50 caliber cartridge
14    endorsement under the Firearm Owners Identification Card
15    Act.
16        (iii) Data exempt from disclosure under Section 50 of
17    the School Safety Drill Act.
18        (jjj) (hhh) Information exempt from disclosure under
19    Section 30 of the Insurance Data Security Law.
20        (kkk) (iii) Confidential business information
21    prohibited from disclosure under Section 45 of the Paint
22    Stewardship Act.
23        (lll) (iii) Data exempt from disclosure under Section
24    2-3.196 of the School Code.
25        (mmm) (iii) Information prohibited from being
26    disclosed under subsection (e) of Section 1-129 of the

 

 

SB3161- 19 -LRB103 39274 RPS 69427 b

1    Illinois Power Agency Act.
2        (nnn) Information prohibited from being disclosed
3    under Section 6-29 of the Liquor Control Act of 1934.
4(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
5102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
68-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
7102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
86-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
9eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
10103-580, eff. 12-8-23; revised 1-2-24.)
 
11    Section 10. The Liquor Control Act of 1934 is amended by
12changing Sections 3-12, 5-1, and 6-29 and by adding Sections
131-3.45, 5-8, 7-3.5, and 7-15 as follows:
 
14    (235 ILCS 5/1-3.45 new)
15    Sec. 1-3.45. Third-party provider. "Third-party provider"
16means any entity that provides fulfillment house services,
17including warehousing, packaging, distribution, order
18processing, or shipment of wine, but not the sale of wine, on
19behalf of a winery shipper.
 
20    (235 ILCS 5/3-12)
21    Sec. 3-12. Powers and duties of State Commission.
22    (a) The State Commission shall have the following powers,
23functions, and duties:

 

 

SB3161- 20 -LRB103 39274 RPS 69427 b

1        (1) To receive applications, to register third-party
2    providers, and to issue licenses to manufacturers, foreign
3    importers, importing distributors, distributors,
4    non-resident dealers, on premise consumption retailers,
5    off premise sale retailers, special event retailer
6    licensees, special use permit licenses, auction liquor
7    licenses, brew pubs, caterer retailers, non-beverage
8    users, railroads, including owners and lessees of
9    sleeping, dining and cafe cars, airplanes, boats, brokers,
10    and wine maker's premises licensees in accordance with the
11    provisions of this Act, and to suspend or revoke such
12    licenses and registrations upon the State Commission's
13    determination, upon notice after hearing, that a licensee
14    or registrant has violated any provision of this Act or
15    any rule or regulation issued pursuant thereto and in
16    effect for 30 days prior to such violation. Except in the
17    case of an action taken pursuant to a violation of Section
18    6-3, 6-5, or 6-9, any action by the State Commission to
19    suspend or revoke a licensee's license or a registrant's
20    registration may be limited to the license or registration
21    for the specific premises where the violation occurred. An
22    action for a violation of this Act shall be commenced by
23    the State Commission within 2 years after the date the
24    State Commission becomes aware of the violation.
25        In lieu of suspending or revoking a license or
26    registration, the commission may impose a fine, upon the

 

 

SB3161- 21 -LRB103 39274 RPS 69427 b

1    State Commission's determination and notice after hearing,
2    that a licensee or registrant has violated any provision
3    of this Act or any rule or regulation issued pursuant
4    thereto and in effect for 30 days prior to such violation.
5        For the purpose of this paragraph (1), when
6    determining multiple violations for the sale of alcohol to
7    a person under the age of 21, a second or subsequent
8    violation for the sale of alcohol to a person under the age
9    of 21 shall only be considered if it was committed within 5
10    years after the date when a prior violation for the sale of
11    alcohol to a person under the age of 21 was committed.
12        The fine imposed under this paragraph may not exceed
13    $500 for each violation. Each day that the activity, which
14    gave rise to the original fine, continues is a separate
15    violation. The maximum fine that may be levied against any
16    licensee or registrant, for the period of the license or
17    registration, shall not exceed $20,000. The maximum
18    penalty that may be imposed on a licensee for selling a
19    bottle of alcoholic liquor with a foreign object in it or
20    serving from a bottle of alcoholic liquor with a foreign
21    object in it shall be the destruction of that bottle of
22    alcoholic liquor for the first 10 bottles so sold or
23    served from by the licensee. For the eleventh bottle of
24    alcoholic liquor and for each third bottle thereafter sold
25    or served from by the licensee with a foreign object in it,
26    the maximum penalty that may be imposed on the licensee is

 

 

SB3161- 22 -LRB103 39274 RPS 69427 b

1    the destruction of the bottle of alcoholic liquor and a
2    fine of up to $50.
3        Any notice issued by the State Commission to a
4    licensee or registrant for a violation of this Act or any
5    notice with respect to settlement or offer in compromise
6    shall include the field report, photographs, and any other
7    supporting documentation necessary to reasonably inform
8    the licensee of the nature and extent of the violation or
9    the conduct alleged to have occurred. The failure to
10    include such required documentation shall result in the
11    dismissal of the action.
12        (2) To adopt such rules and regulations consistent
13    with the provisions of this Act which shall be necessary
14    to carry on its functions and duties to the end that the
15    health, safety and welfare of the People of the State of
16    Illinois shall be protected and temperance in the
17    consumption of alcoholic liquors shall be fostered and
18    promoted and to distribute copies of such rules and
19    regulations to all licensees affected thereby.
20        (3) To call upon other administrative departments of
21    the State, county and municipal governments, county and
22    city police departments and upon prosecuting officers for
23    such information and assistance as it deems necessary in
24    the performance of its duties.
25        (4) To recommend to local commissioners rules and
26    regulations, not inconsistent with the law, for the

 

 

SB3161- 23 -LRB103 39274 RPS 69427 b

1    distribution and sale of alcoholic liquors throughout the
2    State.
3        (5) To inspect, or cause to be inspected, any premises
4    in this State where alcoholic liquors are manufactured,
5    distributed, warehoused, or sold. Nothing in this Act
6    authorizes an agent of the State Commission to inspect
7    private areas within the premises without reasonable
8    suspicion or a warrant during an inspection. "Private
9    areas" include, but are not limited to, safes, personal
10    property, and closed desks.
11        (5.1) Upon receipt of a complaint or upon having
12    knowledge that any person is engaged in business as a
13    manufacturer, importing distributor, distributor, or
14    retailer without a license or valid license or as a
15    third-party provider without registering with the State
16    Commission, to conduct an investigation. If, after
17    conducting an investigation, the State Commission is
18    satisfied that the alleged conduct occurred or is
19    occurring, it may issue a cease and desist notice as
20    provided in this Act, impose civil penalties as provided
21    in this Act, notify the local liquor authority, or file a
22    complaint with the State's Attorney's Office of the county
23    where the incident occurred or the Attorney General.
24        (5.2) Upon receipt of a complaint or upon having
25    knowledge that any person is shipping alcoholic liquor
26    into this State from a point outside of this State if the

 

 

SB3161- 24 -LRB103 39274 RPS 69427 b

1    shipment is in violation of this Act, to conduct an
2    investigation. If, after conducting an investigation, the
3    State Commission is satisfied that the alleged conduct
4    occurred or is occurring, it may issue a cease and desist
5    notice as provided in this Act, impose civil penalties as
6    provided in this Act, notify the foreign jurisdiction, or
7    file a complaint with the State's Attorney's Office of the
8    county where the incident occurred or the Attorney
9    General.
10        (5.3) To receive complaints from licensees,
11    registrants, local officials, law enforcement agencies,
12    organizations, and persons stating that any licensee or
13    registrant has been or is violating any provision of this
14    Act or the rules and regulations issued pursuant to this
15    Act. Such complaints shall be in writing, signed and sworn
16    to by the person making the complaint, and shall state
17    with specificity the facts in relation to the alleged
18    violation. If the State Commission has reasonable grounds
19    to believe that the complaint substantially alleges a
20    violation of this Act or rules and regulations adopted
21    pursuant to this Act, it shall conduct an investigation.
22    If, after conducting an investigation, the State
23    Commission is satisfied that the alleged violation did
24    occur, it shall proceed with disciplinary action against
25    the licensee or registrant as provided in this Act.
26        (5.4) To make arrests and issue notices of civil

 

 

SB3161- 25 -LRB103 39274 RPS 69427 b

1    violations where necessary for the enforcement of this
2    Act.
3        (5.5) To investigate any and all unlicensed or
4    unregistered activity.
5        (5.6) To impose civil penalties or fines to any person
6    who, without holding a valid license or registration,
7    engages in conduct that requires a license or registration
8    pursuant to this Act, in an amount not to exceed $20,000
9    for each offense as determined by the State Commission. A
10    civil penalty shall be assessed by the State Commission
11    after a hearing is held in accordance with the provisions
12    set forth in this Act regarding the provision of a hearing
13    for the revocation or suspension of a license or
14    registration.
15        (6) To hear and determine appeals from orders of a
16    local commission in accordance with the provisions of this
17    Act, as hereinafter set forth. Hearings under this
18    subsection shall be held in Springfield or Chicago, at
19    whichever location is the more convenient for the majority
20    of persons who are parties to the hearing.
21        (7) The State Commission shall establish uniform
22    systems of accounts to be kept by all retail licensees
23    having more than 4 employees, and for this purpose the
24    State Commission may classify all retail licensees having
25    more than 4 employees and establish a uniform system of
26    accounts for each class and prescribe the manner in which

 

 

SB3161- 26 -LRB103 39274 RPS 69427 b

1    such accounts shall be kept. The State Commission may also
2    prescribe the forms of accounts to be kept by all retail
3    licensees having more than 4 employees, including, but not
4    limited to, accounts of earnings and expenses and any
5    distribution, payment, or other distribution of earnings
6    or assets, and any other forms, records, and memoranda
7    which in the judgment of the commission may be necessary
8    or appropriate to carry out any of the provisions of this
9    Act, including, but not limited to, such forms, records,
10    and memoranda as will readily and accurately disclose at
11    all times the beneficial ownership of such retail licensed
12    business. The accounts, forms, records, and memoranda
13    shall be available at all reasonable times for inspection
14    by authorized representatives of the State Commission or
15    by any local liquor control commissioner or his or her
16    authorized representative. The commission may, from time
17    to time, alter, amend, or repeal, in whole or in part, any
18    uniform system of accounts, or the form and manner of
19    keeping accounts.
20        (8) In the conduct of any hearing authorized to be
21    held by the State Commission, to appoint, at the
22    commission's discretion, hearing officers to conduct
23    hearings involving complex issues or issues that will
24    require a protracted period of time to resolve, to
25    examine, or cause to be examined, under oath, any licensee
26    or registrant, and to examine or cause to be examined the

 

 

SB3161- 27 -LRB103 39274 RPS 69427 b

1    books and records of such licensee or registrant; to hear
2    testimony and take proof material for its information in
3    the discharge of its duties hereunder; to administer or
4    cause to be administered oaths; for any such purpose to
5    issue subpoena or subpoenas to require the attendance of
6    witnesses and the production of books, which shall be
7    effective in any part of this State, and to adopt rules to
8    implement its powers under this paragraph (8).
9        Any circuit court may, by order duly entered, require
10    the attendance of witnesses and the production of relevant
11    books subpoenaed by the State Commission and the court may
12    compel obedience to its order by proceedings for contempt.
13        (9) To investigate the administration of laws in
14    relation to alcoholic liquors in this and other states and
15    any foreign countries, and to recommend from time to time
16    to the Governor and through him or her to the legislature
17    of this State, such amendments to this Act, if any, as it
18    may think desirable and as will serve to further the
19    general broad purposes contained in Section 1-2 hereof.
20        (10) To adopt such rules and regulations consistent
21    with the provisions of this Act which shall be necessary
22    for the control, sale, or disposition of alcoholic liquor
23    damaged as a result of an accident, wreck, flood, fire, or
24    other similar occurrence.
25        (11) To develop industry educational programs related
26    to responsible serving and selling, particularly in the

 

 

SB3161- 28 -LRB103 39274 RPS 69427 b

1    areas of overserving consumers and illegal underage
2    purchasing and consumption of alcoholic beverages.
3        (11.1) To license persons providing education and
4    training to alcohol beverage sellers and servers for
5    mandatory and non-mandatory training under the Beverage
6    Alcohol Sellers and Servers Education and Training
7    (BASSET) programs and to develop and administer a public
8    awareness program in Illinois to reduce or eliminate the
9    illegal purchase and consumption of alcoholic beverage
10    products by persons under the age of 21. Application for a
11    license shall be made on forms provided by the State
12    Commission.
13        (12) To develop and maintain a repository of license
14    and regulatory information.
15        (13) (Blank).
16        (14) On or before April 30, 2008 and every 2 years
17    thereafter, the State Commission shall present a written
18    report to the Governor and the General Assembly that shall
19    be based on a study of the impact of Public Act 95-634 on
20    the business of soliciting, selling, and shipping wine
21    from inside and outside of this State directly to
22    residents of this State. As part of its report, the State
23    Commission shall provide all of the following information:
24            (A) The amount of State excise and sales tax
25        revenues generated.
26            (B) The amount of licensing fees received.

 

 

SB3161- 29 -LRB103 39274 RPS 69427 b

1            (C) The number of cases of wine shipped from
2        inside and outside of this State directly to residents
3        of this State.
4            (D) The number of alcohol compliance operations
5        conducted.
6            (E) The number of winery shipper's licenses
7        issued.
8            (F) The number of each of the following: reported
9        violations; cease and desist notices issued by the
10        Commission; notices of violations issued by the
11        Commission and to the Department of Revenue; and
12        notices and complaints of violations to law
13        enforcement officials, including, without limitation,
14        the Illinois Attorney General and the U.S. Department
15        of Treasury's Alcohol and Tobacco Tax and Trade
16        Bureau.
17        (15) As a means to reduce the underage consumption of
18    alcoholic liquors, the State Commission shall conduct
19    alcohol compliance operations to investigate whether
20    businesses that are soliciting, selling, and shipping wine
21    from inside or outside of this State directly to residents
22    of this State are licensed by this State or are selling or
23    attempting to sell wine to persons under 21 years of age in
24    violation of this Act.
25        (16) The State Commission shall, in addition to
26    notifying any appropriate law enforcement agency, submit

 

 

SB3161- 30 -LRB103 39274 RPS 69427 b

1    notices of complaints or violations of Sections 6-29 and
2    6-29.1 by persons who do not hold a winery shipper's
3    license under this Act to the Illinois Attorney General
4    and to the U.S. Department of Treasury's Alcohol and
5    Tobacco Tax and Trade Bureau.
6        (17)(A) A person licensed to make wine under the laws
7    of another state who has a winery shipper's license under
8    this Act and annually produces less than 25,000 gallons of
9    wine or a person who has a first-class or second-class
10    wine manufacturer's license, a first-class or second-class
11    wine-maker's license, or a limited wine manufacturer's
12    license under this Act and annually produces less than
13    25,000 gallons of wine may make application to the
14    Commission for a self-distribution exemption to allow the
15    sale of not more than 5,000 gallons of the exemption
16    holder's wine to retail licensees per year and to sell
17    cider, mead, or both cider and mead to brewers, class 1
18    brewers, class 2 brewers, and class 3 brewers that,
19    pursuant to subsection (e) of Section 6-4 of this Act,
20    sell beer, cider, mead, or any combination thereof to
21    non-licensees at their breweries.
22        (B) In the application, which shall be sworn under
23    penalty of perjury, such person shall state (1) the date
24    it was established; (2) its volume of production and sales
25    for each year since its establishment; (3) its efforts to
26    establish distributor relationships; (4) that a

 

 

SB3161- 31 -LRB103 39274 RPS 69427 b

1    self-distribution exemption is necessary to facilitate the
2    marketing of its wine; and (5) that it will comply with the
3    liquor and revenue laws of the United States, this State,
4    and any other state where it is licensed.
5        (C) The State Commission shall approve the application
6    for a self-distribution exemption if such person: (1) is
7    in compliance with State revenue and liquor laws; (2) is
8    not a member of any affiliated group that produces
9    directly or indirectly more than 25,000 gallons of wine
10    per annum, 930,000 gallons of beer per annum, or 50,000
11    gallons of spirits per annum; (3) will not annually
12    produce for sale more than 25,000 gallons of wine, 930,000
13    gallons of beer, or 50,000 gallons of spirits; and (4)
14    will not annually sell more than 5,000 gallons of its wine
15    to retail licensees.
16        (D) A self-distribution exemption holder shall
17    annually certify to the State Commission its production of
18    wine in the previous 12 months and its anticipated
19    production and sales for the next 12 months. The State
20    Commission may fine, suspend, or revoke a
21    self-distribution exemption after a hearing if it finds
22    that the exemption holder has made a material
23    misrepresentation in its application, violated a revenue
24    or liquor law of Illinois, exceeded production of 25,000
25    gallons of wine, 930,000 gallons of beer, or 50,000
26    gallons of spirits in any calendar year, or become part of

 

 

SB3161- 32 -LRB103 39274 RPS 69427 b

1    an affiliated group producing more than 25,000 gallons of
2    wine, 930,000 gallons of beer, or 50,000 gallons of
3    spirits.
4        (E) Except in hearings for violations of this Act or
5    Public Act 95-634 or a bona fide investigation by duly
6    sworn law enforcement officials, the State Commission, or
7    its agents, the State Commission shall maintain the
8    production and sales information of a self-distribution
9    exemption holder as confidential and shall not release
10    such information to any person.
11        (F) The State Commission shall issue regulations
12    governing self-distribution exemptions consistent with
13    this Section and this Act.
14        (G) Nothing in this paragraph (17) shall prohibit a
15    self-distribution exemption holder from entering into or
16    simultaneously having a distribution agreement with a
17    licensed Illinois distributor.
18        (H) It is the intent of this paragraph (17) to promote
19    and continue orderly markets. The General Assembly finds
20    that, in order to preserve Illinois' regulatory
21    distribution system, it is necessary to create an
22    exception for smaller makers of wine as their wines are
23    frequently adjusted in varietals, mixes, vintages, and
24    taste to find and create market niches sometimes too small
25    for distributor or importing distributor business
26    strategies. Limited self-distribution rights will afford

 

 

SB3161- 33 -LRB103 39274 RPS 69427 b

1    and allow smaller makers of wine access to the marketplace
2    in order to develop a customer base without impairing the
3    integrity of the 3-tier system.
4        (18)(A) A class 1 brewer licensee, who must also be
5    either a licensed brewer or licensed non-resident dealer
6    and annually manufacture less than 930,000 gallons of
7    beer, may make application to the State Commission for a
8    self-distribution exemption to allow the sale of not more
9    than 232,500 gallons per year of the exemption holder's
10    beer to retail licensees and to brewers, class 1 brewers,
11    and class 2 brewers that, pursuant to subsection (e) of
12    Section 6-4 of this Act, sell beer, cider, mead, or any
13    combination thereof to non-licensees at their breweries.
14        (B) In the application, which shall be sworn under
15    penalty of perjury, the class 1 brewer licensee shall
16    state (1) the date it was established; (2) its volume of
17    beer manufactured and sold for each year since its
18    establishment; (3) its efforts to establish distributor
19    relationships; (4) that a self-distribution exemption is
20    necessary to facilitate the marketing of its beer; and (5)
21    that it will comply with the alcoholic beverage and
22    revenue laws of the United States, this State, and any
23    other state where it is licensed.
24        (C) Any application submitted shall be posted on the
25    State Commission's website at least 45 days prior to
26    action by the State Commission. The State Commission shall

 

 

SB3161- 34 -LRB103 39274 RPS 69427 b

1    approve the application for a self-distribution exemption
2    if the class 1 brewer licensee: (1) is in compliance with
3    the State, revenue, and alcoholic beverage laws; (2) is
4    not a member of any affiliated group that manufactures,
5    directly or indirectly, more than 930,000 gallons of beer
6    per annum, 25,000 gallons of wine per annum, or 50,000
7    gallons of spirits per annum; (3) shall not annually
8    manufacture for sale more than 930,000 gallons of beer,
9    25,000 gallons of wine, or 50,000 gallons of spirits; (4)
10    shall not annually sell more than 232,500 gallons of its
11    beer to retail licensees and class 3 brewers and to
12    brewers, class 1 brewers, and class 2 brewers that,
13    pursuant to subsection (e) of Section 6-4 of this Act,
14    sell beer, cider, mead, or any combination thereof to
15    non-licensees at their breweries; and (5) has relinquished
16    any brew pub license held by the licensee, including any
17    ownership interest it held in the licensed brew pub.
18        (D) A self-distribution exemption holder shall
19    annually certify to the State Commission its manufacture
20    of beer during the previous 12 months and its anticipated
21    manufacture and sales of beer for the next 12 months. The
22    State Commission may fine, suspend, or revoke a
23    self-distribution exemption after a hearing if it finds
24    that the exemption holder has made a material
25    misrepresentation in its application, violated a revenue
26    or alcoholic beverage law of Illinois, exceeded the

 

 

SB3161- 35 -LRB103 39274 RPS 69427 b

1    manufacture of 930,000 gallons of beer, 25,000 gallons of
2    wine, or 50,000 gallons of spirits in any calendar year or
3    became part of an affiliated group manufacturing more than
4    930,000 gallons of beer, 25,000 gallons of wine, or 50,000
5    gallons of spirits.
6        (E) The State Commission shall issue rules and
7    regulations governing self-distribution exemptions
8    consistent with this Act.
9        (F) Nothing in this paragraph (18) shall prohibit a
10    self-distribution exemption holder from entering into or
11    simultaneously having a distribution agreement with a
12    licensed Illinois importing distributor or a distributor.
13    If a self-distribution exemption holder enters into a
14    distribution agreement and has assigned distribution
15    rights to an importing distributor or distributor, then
16    the self-distribution exemption holder's distribution
17    rights in the assigned territories shall cease in a
18    reasonable time not to exceed 60 days.
19        (G) It is the intent of this paragraph (18) to promote
20    and continue orderly markets. The General Assembly finds
21    that in order to preserve Illinois' regulatory
22    distribution system, it is necessary to create an
23    exception for smaller manufacturers in order to afford and
24    allow such smaller manufacturers of beer access to the
25    marketplace in order to develop a customer base without
26    impairing the integrity of the 3-tier system.

 

 

SB3161- 36 -LRB103 39274 RPS 69427 b

1        (19)(A) A class 1 craft distiller licensee or a
2    non-resident dealer who manufactures less than 50,000
3    gallons of distilled spirits per year may make application
4    to the State Commission for a self-distribution exemption
5    to allow the sale of not more than 5,000 gallons of the
6    exemption holder's spirits to retail licensees per year.
7        (B) In the application, which shall be sworn under
8    penalty of perjury, the class 1 craft distiller licensee
9    or non-resident dealer shall state (1) the date it was
10    established; (2) its volume of spirits manufactured and
11    sold for each year since its establishment; (3) its
12    efforts to establish distributor relationships; (4) that a
13    self-distribution exemption is necessary to facilitate the
14    marketing of its spirits; and (5) that it will comply with
15    the alcoholic beverage and revenue laws of the United
16    States, this State, and any other state where it is
17    licensed.
18        (C) Any application submitted shall be posted on the
19    State Commission's website at least 45 days prior to
20    action by the State Commission. The State Commission shall
21    approve the application for a self-distribution exemption
22    if the applicant: (1) is in compliance with State revenue
23    and alcoholic beverage laws; (2) is not a member of any
24    affiliated group that produces more than 50,000 gallons of
25    spirits per annum, 930,000 gallons of beer per annum, or
26    25,000 gallons of wine per annum; (3) does not annually

 

 

SB3161- 37 -LRB103 39274 RPS 69427 b

1    manufacture for sale more than 50,000 gallons of spirits,
2    930,000 gallons of beer, or 25,000 gallons of wine; and
3    (4) does not annually sell more than 5,000 gallons of its
4    spirits to retail licensees.
5        (D) A self-distribution exemption holder shall
6    annually certify to the State Commission its manufacture
7    of spirits during the previous 12 months and its
8    anticipated manufacture and sales of spirits for the next
9    12 months. The State Commission may fine, suspend, or
10    revoke a self-distribution exemption after a hearing if it
11    finds that the exemption holder has made a material
12    misrepresentation in its application, violated a revenue
13    or alcoholic beverage law of Illinois, exceeded the
14    manufacture of 50,000 gallons of spirits, 930,000 gallons
15    of beer, or 25,000 gallons of wine in any calendar year, or
16    has become part of an affiliated group manufacturing more
17    than 50,000 gallons of spirits, 930,000 gallons of beer,
18    or 25,000 gallons of wine.
19        (E) The State Commission shall adopt rules governing
20    self-distribution exemptions consistent with this Act.
21        (F) Nothing in this paragraph (19) shall prohibit a
22    self-distribution exemption holder from entering into or
23    simultaneously having a distribution agreement with a
24    licensed Illinois importing distributor or a distributor.
25        (G) It is the intent of this paragraph (19) to promote
26    and continue orderly markets. The General Assembly finds

 

 

SB3161- 38 -LRB103 39274 RPS 69427 b

1    that in order to preserve Illinois' regulatory
2    distribution system, it is necessary to create an
3    exception for smaller manufacturers in order to afford and
4    allow such smaller manufacturers of spirits access to the
5    marketplace in order to develop a customer base without
6    impairing the integrity of the 3-tier system.
7        (20)(A) A class 3 brewer licensee who must manufacture
8    less than 465,000 gallons of beer in the aggregate and not
9    more than 155,000 gallons at any single brewery premises
10    may make application to the State Commission for a
11    self-distribution exemption to allow the sale of not more
12    than 6,200 gallons of beer from each in-state or
13    out-of-state class 3 brewery premises, which shall not
14    exceed 18,600 gallons annually in the aggregate, that is
15    manufactured at a wholly owned class 3 brewer's in-state
16    or out-of-state licensed premises to retail licensees and
17    class 3 brewers and to brewers, class 1 brewers, class 2
18    brewers that, pursuant to subsection (e) of Section 6-4,
19    sell beer, cider, or both beer and cider to non-licensees
20    at their licensed breweries.
21        (B) In the application, which shall be sworn under
22    penalty of perjury, the class 3 brewer licensee shall
23    state:
24            (1) the date it was established;
25            (2) its volume of beer manufactured and sold for
26        each year since its establishment;

 

 

SB3161- 39 -LRB103 39274 RPS 69427 b

1            (3) its efforts to establish distributor
2        relationships;
3            (4) that a self-distribution exemption is
4        necessary to facilitate the marketing of its beer; and
5            (5) that it will comply with the alcoholic
6        beverage and revenue laws of the United States, this
7        State, and any other state where it is licensed.
8        (C) Any application submitted shall be posted on the
9    State Commission's website at least 45 days before action
10    by the State Commission. The State Commission shall
11    approve the application for a self-distribution exemption
12    if the class 3 brewer licensee: (1) is in compliance with
13    the State, revenue, and alcoholic beverage laws; (2) is
14    not a member of any affiliated group that manufacturers,
15    directly or indirectly, more than 465,000 gallons of beer
16    per annum; (3) shall not annually manufacture for sale
17    more than 465,000 gallons of beer or more than 155,000
18    gallons at any single brewery premises; and (4) shall not
19    annually sell more than 6,200 gallons of beer from each
20    in-state or out-of-state class 3 brewery premises, and
21    shall not exceed 18,600 gallons annually in the aggregate,
22    to retail licensees and class 3 brewers and to brewers,
23    class 1 brewers, and class 2 brewers that, pursuant to
24    subsection (e) of Section 6-4 of this Act, sell beer,
25    cider, or both beer and cider to non-licensees at their
26    breweries.

 

 

SB3161- 40 -LRB103 39274 RPS 69427 b

1        (D) A self-distribution exemption holder shall
2    annually certify to the State Commission its manufacture
3    of beer during the previous 12 months and its anticipated
4    manufacture and sales of beer for the next 12 months. The
5    State Commission may fine, suspend, or revoke a
6    self-distribution exemption after a hearing if it finds
7    that the exemption holder has made a material
8    misrepresentation in its application, violated a revenue
9    or alcoholic beverage law of Illinois, exceeded the
10    manufacture of 465,000 gallons of beer in any calendar
11    year or became part of an affiliated group manufacturing
12    more than 465,000 gallons of beer, or exceeded the sale to
13    retail licensees, brewers, class 1 brewers, class 2
14    brewers, and class 3 brewers of 6,200 gallons per brewery
15    location or 18,600 gallons in the aggregate.
16        (E) The State Commission may adopt rules governing
17    self-distribution exemptions consistent with this Act.
18        (F) Nothing in this paragraph shall prohibit a
19    self-distribution exemption holder from entering into or
20    simultaneously having a distribution agreement with a
21    licensed Illinois importing distributor or a distributor.
22    If a self-distribution exemption holder enters into a
23    distribution agreement and has assigned distribution
24    rights to an importing distributor or distributor, then
25    the self-distribution exemption holder's distribution
26    rights in the assigned territories shall cease in a

 

 

SB3161- 41 -LRB103 39274 RPS 69427 b

1    reasonable time not to exceed 60 days.
2        (G) It is the intent of this paragraph to promote and
3    continue orderly markets. The General Assembly finds that
4    in order to preserve Illinois' regulatory distribution
5    system, it is necessary to create an exception for smaller
6    manufacturers in order to afford and allow such smaller
7    manufacturers of beer access to the marketplace in order
8    to develop a customer base without impairing the integrity
9    of the 3-tier system.
10    (b) On or before April 30, 1999, the Commission shall
11present a written report to the Governor and the General
12Assembly that shall be based on a study of the impact of Public
13Act 90-739 on the business of soliciting, selling, and
14shipping alcoholic liquor from outside of this State directly
15to residents of this State.
16    As part of its report, the Commission shall provide the
17following information:
18        (i) the amount of State excise and sales tax revenues
19    generated as a result of Public Act 90-739;
20        (ii) the amount of licensing fees received as a result
21    of Public Act 90-739;
22        (iii) the number of reported violations, the number of
23    cease and desist notices issued by the Commission, the
24    number of notices of violations issued to the Department
25    of Revenue, and the number of notices and complaints of
26    violations to law enforcement officials.

 

 

SB3161- 42 -LRB103 39274 RPS 69427 b

1(Source: P.A. 101-37, eff. 7-3-19; 101-81, eff. 7-12-19;
2101-482, eff. 8-23-19; 102-442, eff. 8-20-21; 102-558, eff.
38-20-21; 102-813, eff. 5-13-22.)
 
4    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
5    Sec. 5-1. Licenses issued by the Illinois Liquor Control
6Commission shall be of the following classes:
7    (a) Manufacturer's license - Class 1. Distiller, Class 2.
8Rectifier, Class 3. Brewer, Class 4. First Class Wine
9Manufacturer, Class 5. Second Class Wine Manufacturer, Class
106. First Class Winemaker, Class 7. Second Class Winemaker,
11Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
12Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft
13Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
14Class 14. Class 3 Brewer,
15    (b) Distributor's license,
16    (c) Importing Distributor's license,
17    (d) Retailer's license,
18    (e) Special Event Retailer's license (not-for-profit),
19    (f) Railroad license,
20    (g) Boat license,
21    (h) Non-Beverage User's license,
22    (i) Wine-maker's premises license,
23    (j) Airplane license,
24    (k) Foreign importer's license,
25    (l) Broker's license,

 

 

SB3161- 43 -LRB103 39274 RPS 69427 b

1    (m) Non-resident dealer's license,
2    (n) Brew Pub license,
3    (o) Auction liquor license,
4    (p) Caterer retailer license,
5    (q) Special use permit license,
6    (r) Winery shipper's license,
7    (s) Craft distiller tasting permit,
8    (t) Brewer warehouse permit,
9    (u) Distilling pub license,
10    (v) Craft distiller warehouse permit,
11    (w) Beer showcase permit.
12    No person, firm, partnership, corporation, or other legal
13business entity that is engaged in the manufacturing of wine
14may concurrently obtain and hold a wine-maker's license and a
15wine manufacturer's license.
16    (a) A manufacturer's license shall allow the manufacture,
17importation in bulk, storage, distribution and sale of
18alcoholic liquor to persons without the State, as may be
19permitted by law and to licensees in this State as follows:
20    Class 1. A Distiller may make sales and deliveries of
21alcoholic liquor to distillers, rectifiers, importing
22distributors, distributors and non-beverage users and to no
23other licensees.
24    Class 2. A Rectifier, who is not a distiller, as defined
25herein, may make sales and deliveries of alcoholic liquor to
26rectifiers, importing distributors, distributors, retailers

 

 

SB3161- 44 -LRB103 39274 RPS 69427 b

1and non-beverage users and to no other licensees.
2    Class 3. A Brewer may make sales and deliveries of beer to
3importing distributors and distributors and may make sales as
4authorized under subsection (e) of Section 6-4 of this Act,
5including any alcoholic liquor that subsection (e) of Section
66-4 authorizes a brewer to sell in its original package only to
7a non-licensee for pick-up by a non-licensee either within the
8interior of the brewery premises or at outside of the brewery
9premises at a curb-side or parking lot adjacent to the brewery
10premises, subject to any local ordinance.
11    Class 4. A first class wine-manufacturer may make sales
12and deliveries of up to 50,000 gallons of wine to
13manufacturers, importing distributors and distributors, and to
14no other licensees. If a first-class wine-manufacturer
15manufactures beer, it shall also obtain and shall only be
16eligible for, in addition to any current license, a class 1
17brewer license, shall not manufacture more than 930,000
18gallons of beer per year, and shall not be a member of or
19affiliated with, directly or indirectly, a manufacturer that
20produces more than 930,000 gallons of beer per year. If the
21first-class wine-manufacturer manufactures spirits, it shall
22also obtain and shall only be eligible for, in addition to any
23current license, a class 1 craft distiller license, shall not
24manufacture more than 50,000 gallons of spirits per year, and
25shall not be a member of or affiliated with, directly or
26indirectly, a manufacturer that produces more than 50,000

 

 

SB3161- 45 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 46 -LRB103 39274 RPS 69427 b

150,000 gallons of spirits per year, and shall not be a member
2of or affiliated with, directly or indirectly, a manufacturer
3that produces more than 50,000 gallons of spirits per year. A
4first-class wine-maker holding a class 1 brewer license or a
5class 1 craft distiller license shall not be eligible for a
6wine-maker's premises license but shall be permitted to sell
7wine manufactured at the first-class wine-maker premises to
8non-licensees.
9    Class 7. A second-class wine-maker's license shall allow
10the manufacture of up to 150,000 gallons of wine per year, and
11the storage and sale of such wine to distributors in this State
12and to persons without the State, as may be permitted by law. A
13person who, prior to June 1, 2008 (the effective date of Public
14Act 95-634), is a holder of a second-class wine-maker's
15license and annually produces more than 25,000 gallons of its
16own wine and who distributes its wine to licensed retailers
17shall cease this practice on or before July 1, 2008 in
18compliance with Public Act 95-634. If a second-class
19wine-maker manufactures beer, it shall also obtain and shall
20only be eligible for, in addition to any current license, a
21class 2 brewer license, shall not manufacture more than
223,720,000 gallons of beer per year, and shall not be a member
23of or affiliated with, directly or indirectly, a manufacturer
24that produces more than 3,720,000 gallons of beer per year. If
25a second-class wine-maker manufactures spirits, it shall also
26obtain and shall only be eligible for, in addition to any

 

 

SB3161- 47 -LRB103 39274 RPS 69427 b

1current license, a class 2 craft distiller license, shall not
2manufacture more than 100,000 gallons of spirits per year, and
3shall not be a member of or affiliated with, directly or
4indirectly, a manufacturer that produces more than 100,000
5gallons of spirits per year.
6    Class 8. A limited wine-manufacturer may make sales and
7deliveries not to exceed 40,000 gallons of wine per year to
8distributors, and to non-licensees in accordance with the
9provisions of this Act.
10    Class 9. A craft distiller license, which may only be held
11by a class 1 craft distiller licensee or class 2 craft
12distiller licensee but not held by both a class 1 craft
13distiller licensee and a class 2 craft distiller licensee,
14shall grant all rights conveyed by either: (i) a class 1 craft
15distiller license if the craft distiller holds a class 1 craft
16distiller license; or (ii) a class 2 craft distiller licensee
17if the craft distiller holds a class 2 craft distiller
18license.
19    Class 10. A class 1 craft distiller license, which may
20only be issued to a licensed craft distiller or licensed
21non-resident dealer, shall allow the manufacture of up to
2250,000 gallons of spirits per year provided that the class 1
23craft distiller licensee does not manufacture more than a
24combined 50,000 gallons of spirits per year and is not a member
25of or affiliated with, directly or indirectly, a manufacturer
26that produces more than 50,000 gallons of spirits per year. If

 

 

SB3161- 48 -LRB103 39274 RPS 69427 b

1a class 1 craft distiller manufactures beer, it shall also
2obtain and shall only be eligible for, in addition to any
3current license, a class 1 brewer license, shall not
4manufacture more than 930,000 gallons of beer per year, and
5shall not be a member of or affiliated with, directly or
6indirectly, a manufacturer that produces more than 930,000
7gallons of beer per year. If a class 1 craft distiller
8manufactures wine, it shall also obtain and shall only be
9eligible 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
15craft distiller licensee may make sales and deliveries to
16importing distributors and distributors and to retail
17licensees in accordance with the conditions set forth in
18paragraph (19) of subsection (a) of Section 3-12 of this Act.
19However, the aggregate amount of spirits sold to non-licensees
20and sold or delivered to retail licensees may not exceed 5,000
21gallons per year.
22    A class 1 craft distiller licensee may sell up to 5,000
23gallons of such spirits to non-licensees to the extent
24permitted by any exemption approved by the State Commission
25pursuant to Section 6-4 of this Act. A class 1 craft distiller
26license holder may store such spirits at a non-contiguous

 

 

SB3161- 49 -LRB103 39274 RPS 69427 b

1licensed location, but at no time shall a class 1 craft
2distiller license holder directly or indirectly produce in the
3aggregate more than 50,000 gallons of spirits per year.
4    A class 1 craft distiller licensee may hold more than one
5class 1 craft distiller's license. However, a class 1 craft
6distiller that holds more than one class 1 craft distiller
7license shall not manufacture, in the aggregate, more than
850,000 gallons of spirits by distillation per year and shall
9not sell, in the aggregate, more than 5,000 gallons of such
10spirits to non-licensees in accordance with an exemption
11approved by the State Commission pursuant to Section 6-4 of
12this Act.
13    Class 11. A class 2 craft distiller license, which may
14only be issued to a licensed craft distiller or licensed
15non-resident dealer, shall allow the manufacture of up to
16100,000 gallons of spirits per year provided that the class 2
17craft distiller licensee does not manufacture more than a
18combined 100,000 gallons of spirits per year and is not a
19member of or affiliated with, directly or indirectly, a
20manufacturer that produces more than 100,000 gallons of
21spirits per year. If a class 2 craft distiller manufactures
22beer, it shall also obtain and shall only be eligible for, in
23addition to any current license, a class 2 brewer license,
24shall not manufacture more than 3,720,000 gallons of beer per
25year, and shall not be a member of or affiliated with, directly
26or indirectly, a manufacturer that produces more than

 

 

SB3161- 50 -LRB103 39274 RPS 69427 b

13,720,000 gallons of beer per year. If a class 2 craft
2distiller manufactures wine, it shall also obtain and shall
3only be eligible for, in addition to any current license, a
4second-class wine-maker's license, shall not manufacture more
5than 150,000 gallons of wine per year, and shall not be a
6member of or affiliated with, directly or indirectly, a
7manufacturer that produces more than 150,000 gallons of wine
8per year. A class 2 craft distiller licensee may make sales and
9deliveries to importing distributors and distributors, but
10shall not make sales or deliveries to any other licensee. If
11the State Commission provides prior approval, a class 2 craft
12distiller licensee may annually transfer up to 100,000 gallons
13of spirits manufactured by that class 2 craft distiller
14licensee to the premises of a licensed class 2 craft distiller
15wholly owned and operated by the same licensee. A class 2 craft
16distiller may transfer spirits to a distilling pub wholly
17owned and operated by the class 2 craft distiller subject to
18the following limitations and restrictions: (i) the transfer
19shall not annually exceed more than 5,000 gallons; (ii) the
20annual amount transferred shall reduce the distilling pub's
21annual permitted production limit; (iii) all spirits
22transferred shall be subject to Article VIII of this Act; (iv)
23a written record shall be maintained by the distiller and
24distilling pub specifying the amount, date of delivery, and
25receipt of the product by the distilling pub; and (v) the
26distilling pub shall be located no farther than 80 miles from

 

 

SB3161- 51 -LRB103 39274 RPS 69427 b

1the class 2 craft distiller's licensed location.
2    A class 2 craft distiller shall, prior to transferring
3spirits to a distilling pub wholly owned by the class 2 craft
4distiller, furnish a written notice to the State Commission of
5intent to transfer spirits setting forth the name and address
6of the distilling pub and shall annually submit to the State
7Commission a verified report identifying the total gallons of
8spirits transferred to the distilling pub wholly owned by the
9class 2 craft distiller.
10    A class 2 craft distiller license holder may store such
11spirits at a non-contiguous licensed location, but at no time
12shall a class 2 craft distiller license holder directly or
13indirectly produce in the aggregate more than 100,000 gallons
14of spirits per year.
15    Class 12. A class 1 brewer license, which may only be
16issued to a licensed brewer or licensed non-resident dealer,
17shall allow the manufacture of up to 930,000 gallons of beer
18per year provided that the class 1 brewer licensee does not
19manufacture more than a combined 930,000 gallons of beer per
20year and is not a member of or affiliated with, directly or
21indirectly, a manufacturer that produces more than 930,000
22gallons of beer per year. If a class 1 brewer manufactures
23spirits, it shall also obtain and shall only be eligible for,
24in addition to any current license, a class 1 craft distiller
25license, shall not manufacture more than 50,000 gallons of
26spirits per year, and shall not be a member of or affiliated

 

 

SB3161- 52 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 53 -LRB103 39274 RPS 69427 b

1in addition to any current license, a class 2 craft distiller
2license, shall not manufacture more than 100,000 gallons of
3spirits per year, and shall not be a member of or affiliated
4with, directly or indirectly, a manufacturer that produces
5more than 100,000 gallons of spirits per year. If a class 2
6craft distiller manufactures wine, it shall also obtain and
7shall only be eligible for, in addition to any current
8license, a second-class wine-maker's license, shall not
9manufacture more than 150,000 gallons of wine per year, and
10shall not be a member of or affiliated with, directly or
11indirectly, a manufacturer that produces more than 150,000
12gallons of wine a year. A class 2 brewer licensee may make
13sales and deliveries to importing distributors and
14distributors, but shall not make sales or deliveries to any
15other licensee. If the State Commission provides prior
16approval, a class 2 brewer licensee may annually transfer up
17to 3,720,000 gallons of beer manufactured by that class 2
18brewer licensee to the premises of a licensed class 2 brewer
19wholly owned and operated by the same licensee.
20    A class 2 brewer may transfer beer to a brew pub wholly
21owned and operated by the class 2 brewer subject to the
22following limitations and restrictions: (i) the transfer shall
23not annually exceed more than 31,000 gallons; (ii) the annual
24amount transferred shall reduce the brew pub's annual
25permitted production limit; (iii) all beer transferred shall
26be subject to Article VIII of this Act; (iv) a written record

 

 

SB3161- 54 -LRB103 39274 RPS 69427 b

1shall be maintained by the brewer and brew pub specifying the
2amount, date of delivery, and receipt of the product by the
3brew pub; and (v) the brew pub shall be located no farther than
480 miles from the class 2 brewer's licensed location.
5    A class 2 brewer shall, prior to transferring beer to a
6brew pub wholly owned by the class 2 brewer, furnish a written
7notice to the State Commission of intent to transfer beer
8setting forth the name and address of the brew pub and shall
9annually submit to the State Commission a verified report
10identifying the total gallons of beer transferred to the brew
11pub wholly owned by the class 2 brewer.
12    Class 14. A class 3 brewer license, which may be issued to
13a brewer or a non-resident dealer, shall allow the manufacture
14of no more than 465,000 gallons of beer per year and no more
15than 155,000 gallons at a single brewery premises, and shall
16allow the sale of no more than 6,200 gallons of beer from each
17in-state or out-of-state class 3 brewery premises, or 18,600
18gallons in the aggregate, to retail licensees, class 1
19brewers, class 2 brewers, and class 3 brewers as long as the
20class 3 brewer licensee does not manufacture more than a
21combined 465,000 gallons of beer per year and is not a member
22of or affiliated with, directly or indirectly, a manufacturer
23that produces more than 465,000 gallons of beer per year to
24make sales to importing distributors, distributors, retail
25licensees, brewers, class 1 brewers, class 2 brewers, and
26class 3 brewers in accordance with the conditions set forth in

 

 

SB3161- 55 -LRB103 39274 RPS 69427 b

1paragraph (20) of subsection (a) of Section 3-12. If the State
2Commission provides prior approval, a class 3 brewer may
3annually transfer up to 155,000 gallons of beer manufactured
4by that class 3 brewer to the premises of a licensed class 3
5brewer wholly owned and operated by the same licensee. A class
63 brewer shall manufacture beer at the brewer's class 3
7designated licensed premises, and may sell beer as otherwise
8provided in this Act.
9    (a-1) A manufacturer which is licensed in this State to
10make sales or deliveries of alcoholic liquor to licensed
11distributors or importing distributors and which enlists
12agents, representatives, or individuals acting on its behalf
13who contact licensed retailers on a regular and continual
14basis in this State must register those agents,
15representatives, or persons acting on its behalf with the
16State Commission.
17    Registration of agents, representatives, or persons acting
18on behalf of a manufacturer is fulfilled by submitting a form
19to the Commission. The form shall be developed by the
20Commission and shall include the name and address of the
21applicant, the name and address of the manufacturer he or she
22represents, the territory or areas assigned to sell to or
23discuss pricing terms of alcoholic liquor, and any other
24questions deemed appropriate and necessary. All statements in
25the forms required to be made by law or by rule shall be deemed
26material, and any person who knowingly misstates any material

 

 

SB3161- 56 -LRB103 39274 RPS 69427 b

1fact under oath in an application is guilty of a Class B
2misdemeanor. Fraud, misrepresentation, false statements,
3misleading statements, evasions, or suppression of material
4facts in the securing of a registration are grounds for
5suspension or revocation of the registration. The State
6Commission shall post a list of registered agents on the
7Commission's website.
8    (b) A distributor's license shall allow (i) the wholesale
9purchase and storage of alcoholic liquors and sale of
10alcoholic liquors to licensees in this State and to persons
11without the State, as may be permitted by law; (ii) the sale of
12beer, cider, mead, or any combination thereof to brewers,
13class 1 brewers, and class 2 brewers that, pursuant to
14subsection (e) of Section 6-4 of this Act, sell beer, cider,
15mead, or any combination thereof to non-licensees at their
16breweries; (iii) the sale of vermouth to class 1 craft
17distillers and class 2 craft distillers that, pursuant to
18subsection (e) of Section 6-4 of this Act, sell spirits,
19vermouth, or both spirits and vermouth to non-licensees at
20their distilleries; or (iv) as otherwise provided in this Act.
21No person licensed as a distributor shall be granted a
22non-resident dealer's license.
23    (c) An importing distributor's license may be issued to
24and held by those only who are duly licensed distributors,
25upon the filing of an application by a duly licensed
26distributor, with the Commission and the Commission shall,

 

 

SB3161- 57 -LRB103 39274 RPS 69427 b

1without the payment of any fee, immediately issue such
2importing distributor's license to the applicant, which shall
3allow the importation of alcoholic liquor by the licensee into
4this State from any point in the United States outside this
5State, and the purchase of alcoholic liquor in barrels, casks
6or other bulk containers and the bottling of such alcoholic
7liquors before resale thereof, but all bottles or containers
8so filled shall be sealed, labeled, stamped and otherwise made
9to comply with all provisions, rules and regulations governing
10manufacturers in the preparation and bottling of alcoholic
11liquors. The importing distributor's license shall permit such
12licensee to purchase alcoholic liquor from Illinois licensed
13non-resident dealers and foreign importers only. No person
14licensed as an importing distributor shall be granted a
15non-resident dealer's license.
16    (d) A retailer's license shall allow the licensee to sell
17and offer for sale at retail, only in the premises specified in
18the license, alcoholic liquor for use or consumption, but not
19for resale in any form. Except as provided in Section 6-16,
206-29, or 6-29.1, nothing in this Act shall deny, limit,
21remove, or restrict the ability of a holder of a retailer's
22license to transfer or ship alcoholic liquor to the purchaser
23for use or consumption subject to any applicable local law or
24ordinance. For the purposes of this Section, "shipping" means
25the movement of alcoholic liquor from a licensed retailer to a
26consumer via a common carrier. Except as provided in Section

 

 

SB3161- 58 -LRB103 39274 RPS 69427 b

16-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit,
2remove, or restrict the ability of a holder of a retailer's
3license to deliver alcoholic liquor to the purchaser for use
4or consumption. The delivery shall be made only within 12
5hours from the time the alcoholic liquor leaves the licensed
6premises of the retailer for delivery. For the purposes of
7this Section, "delivery" means the movement of alcoholic
8liquor purchased from a licensed retailer to a consumer
9through the following methods:
10        (1) delivery within licensed retailer's parking lot,
11    including curbside, for pickup by the consumer;
12        (2) delivery by an owner, officer, director,
13    shareholder, or employee of the licensed retailer; or
14        (3) delivery by a third-party contractor, independent
15    contractor, or agent with whom the licensed retailer has
16    contracted to make deliveries of alcoholic liquors.
17    Under subsection (1), (2), or (3), delivery shall not
18include the use of common carriers.
19    Any retail license issued to a manufacturer shall only
20permit the manufacturer to sell beer at retail on the premises
21actually occupied by the manufacturer. For the purpose of
22further describing the type of business conducted at a retail
23licensed premises, a retailer's licensee may be designated by
24the State Commission as (i) an on premise consumption
25retailer, (ii) an off premise sale retailer, or (iii) a
26combined on premise consumption and off premise sale retailer.

 

 

SB3161- 59 -LRB103 39274 RPS 69427 b

1    Except for a municipality with a population of more than
21,000,000 inhabitants, a home rule unit may not regulate the
3delivery of alcoholic liquor inconsistent with this
4subsection. This paragraph is a limitation under subsection
5(i) of Section 6 of Article VII of the Illinois Constitution on
6the concurrent exercise by home rule units of powers and
7functions exercised by the State. A non-home rule municipality
8may not regulate the delivery of alcoholic liquor inconsistent
9with this subsection.
10    Notwithstanding any other provision of this subsection
11(d), a retail licensee may sell alcoholic liquors to a special
12event retailer licensee for resale to the extent permitted
13under subsection (e).
14    (e) A special event retailer's license (not-for-profit)
15shall permit the licensee to purchase alcoholic liquors from
16an Illinois licensed distributor (unless the licensee
17purchases less than $500 of alcoholic liquors for the special
18event, in which case the licensee may purchase the alcoholic
19liquors from a licensed retailer) and shall allow the licensee
20to sell and offer for sale, at retail, alcoholic liquors for
21use or consumption, but not for resale in any form and only at
22the location and on the specific dates designated for the
23special event in the license. An applicant for a special event
24retailer license must (i) furnish with the application: (A) a
25resale number issued under Section 2c of the Retailers'
26Occupation Tax Act or evidence that the applicant is

 

 

SB3161- 60 -LRB103 39274 RPS 69427 b

1registered under Section 2a of the Retailers' Occupation Tax
2Act, (B) a current, valid exemption identification number
3issued under Section 1g of the Retailers' Occupation Tax Act,
4and a certification to the Commission that the purchase of
5alcoholic liquors will be a tax-exempt purchase, or (C) a
6statement that the applicant is not registered under Section
72a of the Retailers' Occupation Tax Act, does not hold a resale
8number under Section 2c of the Retailers' Occupation Tax Act,
9and does not hold an exemption number under Section 1g of the
10Retailers' Occupation Tax Act, in which event the Commission
11shall set forth on the special event retailer's license a
12statement to that effect; (ii) submit with the application
13proof satisfactory to the State Commission that the applicant
14will provide dram shop liability insurance in the maximum
15limits; and (iii) show proof satisfactory to the State
16Commission that the applicant has obtained local authority
17approval.
18    Nothing in this Act prohibits an Illinois licensed
19distributor from offering credit or a refund for unused,
20salable alcoholic liquors to a holder of a special event
21retailer's license or the special event retailer's licensee
22from accepting the credit or refund of alcoholic liquors at
23the conclusion of the event specified in the license.
24    (f) A railroad license shall permit the licensee to import
25alcoholic liquors into this State from any point in the United
26States outside this State and to store such alcoholic liquors

 

 

SB3161- 61 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 62 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 63 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 64 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 65 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 66 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 67 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 68 -LRB103 39274 RPS 69427 b

1form of alcoholic liquor purchased from a licensed distributor
2or importing distributor, (vi) with the prior approval of the
3Commission, annually transfer no more than 155,000 gallons of
4beer manufactured on the premises to a licensed brew pub
5wholly owned and operated by the same licensee, and (vii)
6notwithstanding item (i) of this subsection, brew pubs wholly
7owned and operated by the same licensee may combine each
8location's production limit of 155,000 gallons of beer per
9year and allocate the aggregate total between the wholly
10owned, operated, and licensed locations.
11    A brew pub licensee shall not under any circumstance sell
12or offer for sale beer manufactured by the brew pub licensee to
13retail licensees.
14    A person who holds a class 2 brewer license may
15simultaneously hold a brew pub license if the class 2 brewer
16(i) does not, under any circumstance, sell or offer for sale
17beer manufactured by the class 2 brewer to retail licensees;
18(ii) does not hold more than 3 brew pub licenses in this State;
19(iii) does not manufacture more than a combined 3,720,000
20gallons of beer per year, including the beer manufactured at
21the brew pub; and (iv) is not a member of or affiliated with,
22directly or indirectly, a manufacturer that produces more than
233,720,000 gallons of beer per year or any other alcoholic
24liquor.
25    Notwithstanding any other provision of this Act, a
26licensed brewer, class 2 brewer, or non-resident dealer who

 

 

SB3161- 69 -LRB103 39274 RPS 69427 b

1before July 1, 2015 manufactured less than 3,720,000 gallons
2of beer per year and held a brew pub license on or before July
31, 2015 may (i) continue to qualify for and hold that brew pub
4license for the licensed premises and (ii) manufacture more
5than 3,720,000 gallons of beer per year and continue to
6qualify for and hold that brew pub license if that brewer,
7class 2 brewer, or non-resident dealer does not simultaneously
8hold a class 1 brewer license and is not a member of or
9affiliated with, directly or indirectly, a manufacturer that
10produces more than 3,720,000 gallons of beer per year or that
11produces any other alcoholic liquor.
12    A brew pub licensee may apply for a class 3 brewer license
13and, upon meeting all applicable qualifications of this Act
14and relinquishing all commonly owned brew pub or retail
15licenses, shall be issued a class 3 brewer license. Nothing in
16this Act shall prohibit the issuance of a class 3 brewer
17license if the applicant:
18        (1) has a valid retail license on or before May 1,
19    2021;
20        (2) has an ownership interest in at least two brew
21    pubs licenses on or before May 1, 2021;
22        (3) the brew pub licensee applies for a class 3 brewer
23    license on or before October 1, 2022 and relinquishes all
24    commonly owned brew pub licenses; and
25        (4) relinquishes all commonly owned retail licenses on
26    or before December 31, 2022.

 

 

SB3161- 70 -LRB103 39274 RPS 69427 b

1    If a brew pub licensee is issued a class 3 brewer license,
2the class 3 brewer license shall expire on the same date as the
3existing brew pub license and the State Commission shall not
4require a class 3 brewer licensee to obtain a brewer license,
5or in the alternative to pay a fee for a brewer license, until
6the date the brew pub license of the applicant would have
7expired.
8    (o) A caterer retailer license shall allow the holder to
9serve alcoholic liquors as an incidental part of a food
10service that serves prepared meals which excludes the serving
11of snacks as the primary meal, either on or off-site whether
12licensed or unlicensed. A caterer retailer license shall allow
13the holder, a distributor, or an importing distributor to
14transfer any inventory to and from the holder's retail
15premises and shall allow the holder to purchase alcoholic
16liquor from a distributor or importing distributor to be
17delivered directly to an off-site event.
18    Nothing in this Act prohibits a distributor or importing
19distributor from offering credit or a refund for unused,
20salable beer to a holder of a caterer retailer license or a
21caterer retailer licensee from accepting a credit or refund
22for unused, salable beer, in the event an act of God is the
23sole reason an off-site event is cancelled and if: (i) the
24holder of a caterer retailer license has not transferred
25alcoholic liquor from its caterer retailer premises to an
26off-site location; (ii) the distributor or importing

 

 

SB3161- 71 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 72 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 73 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 74 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 75 -LRB103 39274 RPS 69427 b

1make wine under the laws of another state shall also be
2disclosed by the winery shipper's licensee, and a copy of the
3written appointment of the third-party wine provider, except
4for a common carrier, to the wine manufacturer shall be filed
5with the State Commission as a supplement to the winery
6shipper's license application or any renewal thereof. The
7winery shipper's license holder shall affirm under penalty of
8perjury, as part of the winery shipper's license application
9or renewal, that he or she only ships wine, either directly or
10indirectly through a third-party provider registered under
11Section 5-8, from the licensee's own production. A third-party
12provider's shipment of wine on behalf of a winery shipper must
13comply with Section 5-8.
14    Except for a common carrier, a third-party provider
15shipping wine on behalf of a winery shipper's license holder
16is the agent of the winery shipper's license holder and, as
17such, a winery shipper's license holder is responsible for the
18acts and omissions of the third-party provider acting on
19behalf of the license holder. A winery shipper's use of the
20services of a third-party provider does not relieve the winery
21shipper of any obligation under this Act or any rule adopted
22under this Act. A third-party provider, except for a common
23carrier, that engages in shipping wine into Illinois must
24comply with Section 5-8 and on behalf of a winery shipper's
25license holder shall consent to the jurisdiction of the State
26Commission and the State. Any third-party, except for a common

 

 

SB3161- 76 -LRB103 39274 RPS 69427 b

1carrier, holding such an appointment shall, by February 1 of
2each calendar year and upon request by the State Commission or
3the Department of Revenue, file with the State Commission a
4statement detailing each shipment made to an Illinois
5resident. The statement shall include the name and address of
6the third-party provider filing the statement, the time period
7covered by the statement, and the following information:
8        (1) the name, address, and license number of the
9    winery shipper on whose behalf the shipment was made;
10        (2) the quantity of the products delivered; and
11        (3) the date and address of the shipment.
12If the Department of Revenue or the State Commission requests
13a statement under this paragraph, the third-party provider
14must provide that statement no later than 30 days after the
15request is made. Any books, records, supporting papers, and
16documents containing information and data relating to a
17statement under this paragraph shall be kept and preserved for
18a period of 3 years, unless their destruction sooner is
19authorized, in writing, by the Director of Revenue, and shall
20be open and available to inspection by the Director of Revenue
21or the State Commission or any duly authorized officer, agent,
22or employee of the State Commission or the Department of
23Revenue, at all times during business hours of the day. Any
24person who violates any provision of this paragraph or any
25rule of the State Commission for the administration and
26enforcement of the provisions of this paragraph is guilty of a

 

 

SB3161- 77 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 78 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 79 -LRB103 39274 RPS 69427 b

1of Section 6-31 of this Act. The transferred alcoholic liquor
2may not be sold or resold in any form. An applicant for the
3craft distiller tasting permit license must also submit with
4the application proof satisfactory to the State Commission
5that the applicant will provide dram shop liability insurance
6to the maximum limits and have local authority approval.
7    (t) A brewer warehouse permit may be issued to the holder
8of a class 1 brewer license or a class 2 brewer license. If the
9holder of the permit is a class 1 brewer licensee, the brewer
10warehouse permit shall allow the holder to store or warehouse
11up to 930,000 gallons of tax-determined beer manufactured by
12the holder of the permit at the premises specified on the
13permit. If the holder of the permit is a class 2 brewer
14licensee, the brewer warehouse permit shall allow the holder
15to store or warehouse up to 3,720,000 gallons of
16tax-determined beer manufactured by the holder of the permit
17at the premises specified on the permit. Sales to
18non-licensees are prohibited at the premises specified in the
19brewer warehouse permit.
20    (u) A distilling pub license shall allow the licensee to
21only (i) manufacture up to 5,000 gallons of spirits per year
22only on the premises specified in the license, (ii) make sales
23of the spirits manufactured on the premises or, with the
24approval of the State Commission, spirits manufactured on
25another distilling pub licensed premises that is wholly owned
26and operated by the same licensee to importing distributors

 

 

SB3161- 80 -LRB103 39274 RPS 69427 b

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

 

 

SB3161- 81 -LRB103 39274 RPS 69427 b

1    (v) A craft distiller warehouse permit may be issued to
2the holder of a class 1 craft distiller or class 2 craft
3distiller license. The craft distiller warehouse permit shall
4allow the holder to store or warehouse up to 500,000 gallons of
5spirits manufactured by the holder of the permit at the
6premises specified on the permit. Sales to non-licensees are
7prohibited at the premises specified in the craft distiller
8warehouse permit.
9    (w) A beer showcase permit license shall allow an
10Illinois-licensed distributor to transfer a portion of its
11beer inventory from its licensed premises to the premises
12specified in the beer showcase permit license, and, in the
13case of a class 3 brewer, transfer only beer the class 3 brewer
14manufactures from its licensed premises to the premises
15specified in the beer showcase permit license; and to sell or
16offer for sale at retail, only in the premises specified in the
17beer showcase permit license, the transferred or delivered
18beer for on or off premise consumption, but not for resale in
19any form and to sell to non-licensees not more than 96 fluid
20ounces of beer per person. A beer showcase permit license may
21be granted for the following time periods: one day or less; or
222 or more days to a maximum of 15 days per location in any
2312-month period. An applicant for a beer showcase permit
24license must also submit with the application proof
25satisfactory to the State Commission that the applicant will
26provide dram shop liability insurance to the maximum limits

 

 

SB3161- 82 -LRB103 39274 RPS 69427 b

1and have local authority approval. The State Commission shall
2require the beer showcase applicant to comply with Section
36-27.1.
4(Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19;
5101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff.
68-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22;
7102-442, eff. 8-20-21; 102-1142, eff. 2-17-23.)
 
8    (235 ILCS 5/5-8 new)
9    Sec. 5-8. Third-party provider registration.
10    (a) A third-party provider must register with the State
11Commission before shipping wine into this State. Registration
12as a third-party provider is valid for a 2-year period and may
13be renewed. The application for registration as a third-party
14provider must include:
15        (1) each address from which the third-party provider
16    will ship wine to a consumer;
17        (2) the name, business address, and license number of
18    each winery shipper, with the name stated as it appears on
19    the winery shipper license, on whose behalf the
20    third-party provider will ship wine to a consumer; and
21        (3) any other information the State Commission may
22    require.
23    (b) To register as a third-party provider, the third-party
24provider must pay a $50 fee and agree to:
25        (1) allow the State Commission to inspect and audit

 

 

SB3161- 83 -LRB103 39274 RPS 69427 b

1    its records under subsection (e);
2        (2) allow the State Commission to inspect a location
3    under Section 3-12;
4        (3) appoint and maintain an agent for service of
5    process under subsection (g); and
6        (4) submit to the jurisdiction of the State
7    Commission, the courts, and any other enforcement
8    authority of this State in a matter relating to
9    enforcement of a law of this State regulating shipment of
10    wine to a person in this State.
11    (c) A third-party provider may ship wine on behalf of a
12winery shipper to a consumer only if:
13        (1) the third-party provider maintains a registration
14    under this Section that is not suspended, revoked, or
15    canceled;
16        (2) the wine was supplied to the third-party provider
17    by a licensed winery shipper;
18        (3) the package containing the wine clearly indicates:
19            (A) on the shipping label, the name and applicable
20        address of the third-party provider, as they appear in
21        the registration under this Section, as consignor, and
22        the name and address of the consumer, as intended
23        recipient;
24            (B) on the package or shipping label, the name and
25        winery shipper's license number of the licensed winery
26        shipper that supplied to the third-party provider the

 

 

SB3161- 84 -LRB103 39274 RPS 69427 b

1        wine contained in the package; and
2        (4) the shipment is otherwise authorized under this
3    Act.
4    (d) A registered third-party provider is subject to the
5jurisdiction of the State Commission, the courts, and any
6other enforcement authority of this State in a matter relating
7to the enforcement of the laws of this State regulating
8shipment of alcoholic liquor directly to a person in this
9State.
10    (e) The State Commission may inspect and audit the records
11of a registered third-party provider for compliance with the
12laws of this State regulating shipment of wine directly to a
13person in this State. A registered third-party provider shall
14allow the State Commission to inspect and audit its records
15and, at the State Commission's request in a record, provide
16complete and accurate copies of its records to the State
17Commission at a location specified by the State Commission,
18not later than 15 days after the date of the request.
19    (f) The State Commission may inspect, during ordinary
20hours of operation, a location where a registered third-party
21provider conducts business to assess compliance with the laws
22of this State regulating shipment of alcoholic liquor directly
23to a person in this State.
24    (g) A registered third-party provider shall appoint and
25continuously maintain with the State Commission an agent for
26service of process. The agent may be located in this State or

 

 

SB3161- 85 -LRB103 39274 RPS 69427 b

1another state. By appointing an agent under this subsection,
2the registered third-party provider affirms that the agent
3consents to accept service. Service of process on the agent
4constitutes valid service of process on the registered
5third-party provider in an action or proceeding arising out of
6enforcement of law of this State regulating shipment of wine
7directly to a person in this State. If a registered
8third-party provider fails to maintain in the records of the
9State Commission a current agent for service of process or if
10the current agent cannot be served with reasonable diligence,
11the State Commission is the agent for service of process.
12    (h) The State Commission may disclose a report, record,
13order, or other information in its possession, for a
14regulatory or enforcement purpose, to:
15        (1) a State agency or law enforcement agency;
16        (2) a local or state agency in another state with
17    regulatory authority over matters relating to alcoholic
18    liquor or taxation or a law enforcement agency of another
19    state; and
20        (3) a federal agency with regulatory authority
21    relating to alcoholic liquor or taxation or a federal law
22    enforcement agency.
23    (i) The State Commission may disclose to the public an
24order resulting from a completed investigation.
 
25    (235 ILCS 5/6-29)  (from Ch. 43, par. 144e)

 

 

SB3161- 86 -LRB103 39274 RPS 69427 b

1    Sec. 6-29. Winery shipper's license.
2    (a) The General Assembly declares that the following is
3the intent of this Section:
4        (1) To authorize direct shipment of wine by an
5    out-of-state maker of wine on the same basis permitted an
6    in-state maker of wine pursuant to the authority of the
7    State under the provisions of Section 2 of the
8    Twenty-First Amendment to the United States Constitution
9    and in conformance with the United States Supreme Court
10    decision decided on May 16, 2005 in Granholm v. Heald.
11        (2) To reaffirm that the General Assembly's findings
12    and declarations that selling alcoholic liquor through
13    various direct marketing means such as catalogs,
14    newspapers, mailings, and the Internet directly to
15    consumers of this State poses a serious threat to the
16    State's efforts to further temperance and prevent youth
17    from accessing alcoholic liquor and the expansion of youth
18    access to additional types of alcoholic liquors.
19        (3) To maintain the State's broad powers granted by
20    Section 2 of the Twenty-First Amendment to the United
21    States Constitution to control the importation or sale of
22    alcoholic liquor and its right to structure its alcoholic
23    liquor distribution system.
24        (4) To ensure that the General Assembly, by
25    authorizing limited direct shipment of wine to meet the
26    directives of the United States Supreme Court, does not

 

 

SB3161- 87 -LRB103 39274 RPS 69427 b

1    intend to impair or modify the State's distribution of
2    wine through distributors or importing distributors, but
3    only to permit limited shipment of wine for personal use.
4        (5) To provide that, in the event that a court of
5    competent jurisdiction declares or finds that this
6    Section, which is enacted to conform Illinois law to the
7    United States Supreme Court decision, is invalid or
8    unconstitutional, the Illinois General Assembly at its
9    earliest general session shall conduct hearings and study
10    methods to conform to any directive or order of the court
11    consistent with the temperance and revenue collection
12    purposes of this Act.
13    (a-5) In this Section, "carrier" means a person or entity
14that:
15        (1) holds himself, herself, or itself out to the
16    general public as engaged in the business of transporting
17    goods for a fee; and
18        (2) is engaged in the business of transporting and
19    delivering alcoholic beverages in this State directly to
20    consumers.
21    (b) Notwithstanding any other provision of law, a wine
22shipper licensee may ship, for personal use and not for
23resale, not more than 12 cases of wine per year to any resident
24of this State who is 21 years of age or older.
25    (b-3) Notwithstanding any other provision of law, sale and
26shipment by a winery shipper licensee pursuant to this Section

 

 

SB3161- 88 -LRB103 39274 RPS 69427 b

1shall be deemed to constitute a sale in this State.
2    (b-5) The shipping container of any wine shipped under
3this Section shall be clearly labeled with the following
4words: "CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF
5AGE OR OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY
6MUST BE SHOWN BEFORE DELIVERY.". This warning must be
7prominently displayed on the packaging. A licensee shall
8require the transporter or common carrier that delivers the
9wine to obtain the signature of a person 21 years of age or
10older at the delivery address at the time of delivery. At the
11expense of the licensee, the licensee shall receive a delivery
12confirmation from the express company, common carrier, or
13contract carrier indicating the location of the delivery, time
14of delivery, and the name and signature of the individual 21
15years of age or older who accepts delivery. The State
16Commission shall design and create a label or approve a label
17that must be affixed to the shipping container by the
18licensee.
19    (b-10) A carrier may not deliver to a consumer a package
20known by the carrier to contain wine unless:
21        (1) the consignor is a licensed winery shipper and the
22    carrier has verified its winery shipper license for the
23    current license period; or
24        (2) the consignor is a registered third-party provider
25    and the carrier has verified the registration.
26    A carrier that verifies that a winery shipper has a winery

 

 

SB3161- 89 -LRB103 39274 RPS 69427 b

1shipper license for the current license period may consider
2the license to be valid for the remainder of the license
3period, unless the carrier receives notice from the State
4Commission that the license has been suspended or revoked. A
5carrier that verifies that a third-party provider is
6registered may consider the registration to be valid unless
7the carrier receives notice from the State Commission that the
8registration has been suspended or revoked.
9    (b-15) A registered third-party provider shall file with
10the State Commission a monthly report that includes:
11        (1) the name, business address, and registration
12    number of the third-party provider;
13        (2) the total number of gallons of wine shipped to
14    consumers by the third-party provider during the reporting
15    period; and
16        (3) for each shipment of wine to a consumer during the
17    reporting period:
18            (A) the name, business address, and license number
19        of the winery shipper on whose behalf the third-party
20        provider shipped the wine, with the name stated, if
21        possible, as it appears on the winery shipper license;
22            (B) the name and address of the consumer to whom
23        the wine was shipped;
24            (C) the address from which the third-party
25        provider originated the shipment, stated identically
26        as an address provided by the third-party provider

 

 

SB3161- 90 -LRB103 39274 RPS 69427 b

1        under paragraph (1) of subsection (a) of Section 5-8;
2            (D) the date the shipment was delivered;
3            (E) the type and quantity by volume of wine
4        shipped; and
5            (F) the name and business address of the carrier
6        that delivered the wine and the carrier's parcel
7        tracking number for the shipment.
8    If no business was transacted in this State during the
9reporting period, a report under this subsection must include
10the information under paragraph (1) and report that no
11business was transacted in this State during the reporting
12period.
13    Any books, records, supporting papers, and documents
14containing information and data relating to a statement under
15this subsection shall be kept and preserved for a period of 3
16years, unless their destruction is authorized sooner in
17writing by the Director of Revenue, and shall be open and
18available to inspection by the Director of Revenue or the
19State Commission or any duly authorized officer, agent, or
20employee of the State Commission or the Department of Revenue,
21at all times during business hours of the day. Any person who
22violates any provision of this subsection or any rule of the
23State Commission for the administration and enforcement of the
24provisions of this subsection is guilty of a Class C
25misdemeanor. In case of a continuing violation, each day's
26continuance thereof shall be a separate and distinct offense.

 

 

SB3161- 91 -LRB103 39274 RPS 69427 b

1    (b-20) A licensed winery shipper shall file with the State
2Commission a monthly report that includes:
3        (1) the name, business address, and license number of
4    the licensed winery shipper;
5        (2) the total gallons of each type of wine shipped to
6    consumers during the reporting period; and
7        (3) for each shipment of wine to a consumer during the
8    reporting period:
9            (A) the name and address of the consumer to whom
10        the wine was shipped;
11            (B) the date the shipment was delivered;
12            (C) the type and quantity by volume of wine
13        shipped;
14            (D) the purchase price of the wine shipped and the
15        amount and type of each tax charged in connection with
16        the wine;
17            (E) if the wine was shipped for the licensed
18        winery shipper by a third-party provider, the name,
19        business address, and registration number of the
20        third-party provider, with the name stated, if
21        possible, as it appears on the third-party provider's
22        registration; and
23            (F) if the wine was delivered by a carrier, the
24        name and business address of the carrier and the
25        carrier's parcel tracking number for the shipment.
26    If no business was transacted in this State during the

 

 

SB3161- 92 -LRB103 39274 RPS 69427 b

1reporting period, a report under this subsection must include
2the information under paragraph (1) and report that no
3business was transacted in this State during the reporting
4period.
5    (b-25) A carrier shall file with the State Commission a
6monthly report that includes:
7        (1) the name and business address of the carrier;
8        (2) a list containing the name, business address, and
9    winery shipper license number or third-party provider
10    registration number of each licensed winery shipper and
11    registered third-party provider with which the carrier has
12    an agreement to ship wine, with the name stated, if
13    possible, as it appears on the winery shipper license or
14    third-party provider registration; and
15        (3) for each shipment known by the carrier to contain
16    wine that was delivered to a consumer during the reporting
17    period:
18            (A) the name and business address of the consignor
19        of the shipment;
20            (B) the name and address of the consumer;
21            (C) the date the shipment was delivered by the
22        carrier;
23            (D) the weight, in pounds, of the package; and
24            (E) the carrier's parcel tracking number for the
25        shipment.
26    If no business was transacted in this State during the

 

 

SB3161- 93 -LRB103 39274 RPS 69427 b

1reporting period, a report under this subsection must include
2the information under paragraph (1) and report that no
3business was transacted in this State during the reporting
4period.
5    (b-30) The State Commission shall prescribe the form and
6deadline for filing a report under this Section. The State
7Commission may require the report to be filed electronically.
8The State Commission may require a person filing the report to
9submit additional information, including business records, to
10substantiate information in the report.
11    (b-35) Except as provided in subsection (b-40), reports
12filed under this Section and information obtained from the
13report, records inspected or obtained by the State Commission
14under subsection (e) of Section 5-8, and other information
15obtained by the State Commission relating to enforcement or
16investigation of a violation of this Act are confidential,
17exempt from disclosure under the Freedom of Information Act,
18and exempt from public inspection.
19    (b-40) The State Commission may disclose a report under
20this Section or information from the report:
21        (1) if reasonably necessary to enforce or implement
22    this Act or other law of this State relating to the
23    shipment of alcoholic liquor directly to individuals in
24    this State; or
25        (2) as a compilation of aggregated data if personally
26    identifiable information is not disclosed.

 

 

SB3161- 94 -LRB103 39274 RPS 69427 b

1    The State Commission may disclose to a carrier the
2information specified under paragraph (3) of subsection (b-15)
3and information specified under paragraph (2) of subsection
4(a) of Section 5-8.
5    (b-42) A carrier shipping wine into or within this State
6shall appoint and continuously maintain with the State
7Commission an agent for service of process. The agent may be
8located in this State or another state. By appointing an agent
9under this subsection, the carrier affirms that the agent
10consents to accept service. Service of process on the agent
11constitutes valid service of process on the carrier in an
12action or proceeding arising out of enforcement of law of this
13State regulating shipment of wine directly to a person in this
14State. If a carrier fails to maintain in the records of the
15State Commission a current agent for service of process or if
16the current agent cannot be served with reasonable diligence,
17the State Commission is the agent for service of process.
18    (b-45) If the State Commission has reason to believe that
19alcoholic liquor has been shipped unlawfully into or within
20this State, the State Commission may give notice to the
21consignor requiring the consignor to show cause why shipments
22by the consignor into or within this State should not be
23prohibited. If the State Commission, after an opportunity for
24an evidentiary hearing, determines that the consignor shipped
25alcoholic liquor into or within this State unlawfully, the
26State Commission may issue an administrative order prohibiting

 

 

SB3161- 95 -LRB103 39274 RPS 69427 b

1additional shipments by the consignor of alcoholic liquor into
2or within this State.
3    (b-50) The State Commission may give notice to a carrier
4of the administrative order under subsection (b-45). Except as
5provided in subsection (b-60), beginning 10 days after the
6date of the notice, and until the carrier receives notice that
7the administrative order is rescinded, the carrier may not
8accept from the consignor identified in the notice, for
9shipment into or within this State, a package known by the
10carrier to contain wine.
11    (b-55) For good cause, the State Commission may rescind an
12administrative order issued under subsection (b-45). On
13rescinding the order, the State Commission shall give notice
14of the rescission to each carrier that received notice under
15subsection (b-50) of the order.
16    (b-60) The State Commission may not hold a hearing under
17subsection (a) less than 30 days after the date of the notice
18requiring the consignor to show cause unless:
19        (1) the consignor agrees to an earlier hearing date;
20    or
21        (2) the notice describes with particularity how the
22    consignor's alleged unlawful shipment poses a serious risk
23    to public health or safety.
24    (b-65) If the notice includes a description under
25paragraph (2) of subsection (b-60) and the State Commission
26issues an administrative order under subsection (a):

 

 

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1        (1) the order must identify the risk; and
2        (2) the State Commission's notice under subsection
3    (b-45) to a carrier must require the carrier to implement
4    the order as soon as possible.
5    (b-70) An administrative order issued under subsection (a)
6is subject to judicial review under the Administrative Review
7Law.
8    (b-75) This amendatory Act of the 103rd General Assembly
9modifies, limits, or supersedes the Electronic Signatures in
10Global and National Commerce Act, 15 U.S.C. Section 7001 et
11seq., as amended, but does not modify, limit, or supersede 15
12U.S.C. Section 7001(c), or authorize electronic delivery of
13any of the notices described in 15 U.S.C. Section 7003(b).
14    (c) No broker within this State shall solicit consumers to
15engage in direct wine shipments under this Section.
16    (d) It is not the intent of this Section to impair the
17distribution of wine through distributors or importing
18distributors, but only to permit shipments of wine for
19personal use.
20(Source: P.A. 95-634, eff. 6-1-08.)
 
21    (235 ILCS 5/7-3.5 new)
22    Sec. 7-3.5. Suspension, revocation, or nonrenewal of
23license for unlawful shipping into another state.
24    (a) Notwithstanding subsection (b) of Section 10-1, the
25State Commission may suspend, revoke, or refuse to issue or

 

 

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1renew a license to manufacture, distribute, or sell alcoholic
2liquor issued by the State Commission if the State Commission
3finds, after notice and an opportunity for an evidentiary
4hearing, that the person holding the license has shipped
5alcoholic liquor into another state in violation of that
6state's law.
7    (b) The State Commission may not suspend, revoke, or
8refuse to issue or renew a license issued by the State
9Commission under subsection (a) if the person holding the
10license shows that:
11        (1) the violation of the other state's law is the
12    subject of an enforcement action in the other state that
13    is pending before an administrative body or trial or
14    appellate court in the other state;
15        (2) an enforcement action described in paragraph (1)
16    has concluded in the other state and resulted in a
17    determination that no violation of the other state's law
18    occurred; or
19        (3) the violation of the other state's law occurred
20    more than 2 years before the date of the notice under
21    subsection (a).
 
22    (235 ILCS 5/7-15 new)
23    Sec. 7-15. Third-party provider registrations.
24Registrations as a third-party provider shall be governed
25under this Article in the same manner as licenses.
 

 

 

SB3161- 98 -LRB103 39274 RPS 69427 b

1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.