Illinois General Assembly - Full Text of SB3348
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Full Text of SB3348  96th General Assembly

SB3348enr 96TH GENERAL ASSEMBLY

  
  
  

 


 
SB3348 Enrolled LRB096 20500 ASK 36177 b

1     AN ACT concerning liquor.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Liquor Control Act of 1934 is amended by
5 changing Sections 5-1, 5-3, and 6-4 as follows:
 
6     (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
7     Sec. 5-1. Licenses issued by the Illinois Liquor Control
8 Commission shall be of the following classes:
9     (a) Manufacturer's license - Class 1. Distiller, Class 2.
10 Rectifier, Class 3. Brewer, Class 4. First Class Wine
11 Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
12 First Class Winemaker, Class 7. Second Class Winemaker, Class
13 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
14     (b) Distributor's license,
15     (c) Importing Distributor's license,
16     (d) Retailer's license,
17     (e) Special Event Retailer's license (not-for-profit),
18     (f) Railroad license,
19     (g) Boat license,
20     (h) Non-Beverage User's license,
21     (i) Wine-maker's premises license,
22     (j) Airplane license,
23     (k) Foreign importer's license,

 

 

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

 

 

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1 distributor's license or distributor's license in accordance
2 with the provisions of this Act.
3     Class 4. A first class wine-manufacturer may make sales and
4 deliveries of up to 50,000 gallons of wine to manufacturers,
5 importing distributors and distributors, and to no other
6 licensees.
7     Class 5. A second class Wine manufacturer may make sales
8 and deliveries of more than 50,000 gallons of wine to
9 manufacturers, importing distributors and distributors and to
10 no other licensees.
11     Class 6. A first-class wine-maker's license shall allow the
12 manufacture of up to 50,000 gallons of wine per year, and the
13 storage and sale of such wine to distributors in the State and
14 to persons without the State, as may be permitted by law. A
15 person who, prior to the effective date of this amendatory Act
16 of the 95th General Assembly, is a holder of a first-class
17 wine-maker's license and annually produces more than 25,000
18 gallons of its own wine and who distributes its wine to
19 licensed retailers shall cease this practice on or before July
20 1, 2008 in compliance with this amendatory Act of the 95th
21 General Assembly.
22     Class 7. A second-class wine-maker's license shall allow
23 the manufacture of between 50,000 and 150,000 gallons of wine
24 per year, and the storage and sale of such wine to distributors
25 in this State and to persons without the State, as may be
26 permitted by law. A person who, prior to the effective date of

 

 

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1 this amendatory Act of the 95th General Assembly, is a holder
2 of a second-class wine-maker's license and annually produces
3 more than 25,000 gallons of its own wine and who distributes
4 its wine to licensed retailers shall cease this practice on or
5 before July 1, 2008 in compliance with this amendatory Act of
6 the 95th General Assembly.
7     Class 8. A limited wine-manufacturer may make sales and
8 deliveries not to exceed 40,000 gallons of wine per year to
9 distributors, and to non-licensees in accordance with the
10 provisions of this Act.
11     Class 9. A craft distiller license shall allow the
12 manufacture of up to 5,000 gallons of spirits by distillation
13 per year and the storage of such spirits. If a craft distiller
14 licensee is not affiliated with any other manufacturer, then
15 the craft distiller licensee may sell such spirits to
16 distributors in this State and non-licensees to the extent
17 permitted by any exemption approved by the Commission pursuant
18 to Section 6-4 of this Act.
19     Any craft distiller licensed under this Act who on the
20 effective date of this amendatory Act of the 96th General
21 Assembly was licensed as a distiller and manufactured no more
22 spirits than permitted by this Section shall not be required to
23 pay the initial licensing fee.
24     (a-1) A manufacturer which is licensed in this State to
25 make sales or deliveries of alcoholic liquor and which enlists
26 agents, representatives, or individuals acting on its behalf

 

 

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1 who contact licensed retailers on a regular and continual basis
2 in this State must register those agents, representatives, or
3 persons acting on its behalf with the State Commission.
4     Registration of agents, representatives, or persons acting
5 on behalf of a manufacturer is fulfilled by submitting a form
6 to the Commission. The form shall be developed by the
7 Commission and shall include the name and address of the
8 applicant, the name and address of the manufacturer he or she
9 represents, the territory or areas assigned to sell to or
10 discuss pricing terms of alcoholic liquor, and any other
11 questions deemed appropriate and necessary. All statements in
12 the forms required to be made by law or by rule shall be deemed
13 material, and any person who knowingly misstates any material
14 fact under oath in an application is guilty of a Class B
15 misdemeanor. Fraud, misrepresentation, false statements,
16 misleading statements, evasions, or suppression of material
17 facts in the securing of a registration are grounds for
18 suspension or revocation of the registration.
19     (b) A distributor's license shall allow the wholesale
20 purchase and storage of alcoholic liquors and sale of alcoholic
21 liquors to licensees in this State and to persons without the
22 State, as may be permitted by law.
23     (c) An importing distributor's license may be issued to and
24 held by those only who are duly licensed distributors, upon the
25 filing of an application by a duly licensed distributor, with
26 the Commission and the Commission shall, without the payment of

 

 

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1 any fee, immediately issue such importing distributor's
2 license to the applicant, which shall allow the importation of
3 alcoholic liquor by the licensee into this State from any point
4 in the United States outside this State, and the purchase of
5 alcoholic liquor in barrels, casks or other bulk containers and
6 the bottling of such alcoholic liquors before resale thereof,
7 but all bottles or containers so filled shall be sealed,
8 labeled, stamped and otherwise made to comply with all
9 provisions, rules and regulations governing manufacturers in
10 the preparation and bottling of alcoholic liquors. The
11 importing distributor's license shall permit such licensee to
12 purchase alcoholic liquor from Illinois licensed non-resident
13 dealers and foreign importers only.
14     (d) A retailer's license shall allow the licensee to sell
15 and offer for sale at retail, only in the premises specified in
16 the license, alcoholic liquor for use or consumption, but not
17 for resale in any form. Nothing in this amendatory Act of the
18 95th General Assembly shall deny, limit, remove, or restrict
19 the ability of a holder of a retailer's license to transfer,
20 deliver, or ship alcoholic liquor to the purchaser for use or
21 consumption subject to any applicable local law or ordinance.
22 Any retail license issued to a manufacturer shall only permit
23 the manufacturer to sell beer at retail on the premises
24 actually occupied by the manufacturer. For the purpose of
25 further describing the type of business conducted at a retail
26 licensed premises, a retailer's licensee may be designated by

 

 

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1 the State Commission as (i) an on premise consumption retailer,
2 (ii) an off premise sale retailer, or (iii) a combined on
3 premise consumption and off premise sale retailer.
4     Notwithstanding any other provision of this subsection
5 (d), a retail licensee may sell alcoholic liquors to a special
6 event retailer licensee for resale to the extent permitted
7 under subsection (e).
8     (e) A special event retailer's license (not-for-profit)
9 shall permit the licensee to purchase alcoholic liquors from an
10 Illinois licensed distributor (unless the licensee purchases
11 less than $500 of alcoholic liquors for the special event, in
12 which case the licensee may purchase the alcoholic liquors from
13 a licensed retailer) and shall allow the licensee to sell and
14 offer for sale, at retail, alcoholic liquors for use or
15 consumption, but not for resale in any form and only at the
16 location and on the specific dates designated for the special
17 event in the license. An applicant for a special event retailer
18 license must (i) furnish with the application: (A) a resale
19 number issued under Section 2c of the Retailers' Occupation Tax
20 Act or evidence that the applicant is registered under Section
21 2a of the Retailers' Occupation Tax Act, (B) a current, valid
22 exemption identification number issued under Section 1g of the
23 Retailers' Occupation Tax Act, and a certification to the
24 Commission that the purchase of alcoholic liquors will be a
25 tax-exempt purchase, or (C) a statement that the applicant is
26 not registered under Section 2a of the Retailers' Occupation

 

 

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1 Tax Act, does not hold a resale number under Section 2c of the
2 Retailers' Occupation Tax Act, and does not hold an exemption
3 number under Section 1g of the Retailers' Occupation Tax Act,
4 in which event the Commission shall set forth on the special
5 event retailer's license a statement to that effect; (ii)
6 submit with the application proof satisfactory to the State
7 Commission that the applicant will provide dram shop liability
8 insurance in the maximum limits; and (iii) show proof
9 satisfactory to the State Commission that the applicant has
10 obtained local authority approval.
11     (f) A railroad license shall permit the licensee to import
12 alcoholic liquors into this State from any point in the United
13 States outside this State and to store such alcoholic liquors
14 in this State; to make wholesale purchases of alcoholic liquors
15 directly from manufacturers, foreign importers, distributors
16 and importing distributors from within or outside this State;
17 and to store such alcoholic liquors in this State; provided
18 that the above powers may be exercised only in connection with
19 the importation, purchase or storage of alcoholic liquors to be
20 sold or dispensed on a club, buffet, lounge or dining car
21 operated on an electric, gas or steam railway in this State;
22 and provided further, that railroad licensees exercising the
23 above powers shall be subject to all provisions of Article VIII
24 of this Act as applied to importing distributors. A railroad
25 license shall also permit the licensee to sell or dispense
26 alcoholic liquors on any club, buffet, lounge or dining car

 

 

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1 operated on an electric, gas or steam railway regularly
2 operated by a common carrier in this State, but shall not
3 permit the sale for resale of any alcoholic liquors to any
4 licensee within this State. A license shall be obtained for
5 each car in which such sales are made.
6     (g) A boat license shall allow the sale of alcoholic liquor
7 in individual drinks, on any passenger boat regularly operated
8 as a common carrier on navigable waters in this State or on any
9 riverboat operated under the Riverboat Gambling Act, which boat
10 or riverboat maintains a public dining room or restaurant
11 thereon.
12     (h) A non-beverage user's license shall allow the licensee
13 to purchase alcoholic liquor from a licensed manufacturer or
14 importing distributor, without the imposition of any tax upon
15 the business of such licensed manufacturer or importing
16 distributor as to such alcoholic liquor to be used by such
17 licensee solely for the non-beverage purposes set forth in
18 subsection (a) of Section 8-1 of this Act, and such licenses
19 shall be divided and classified and shall permit the purchase,
20 possession and use of limited and stated quantities of
21 alcoholic liquor as follows:
22 Class 1, not to exceed ......................... 500 gallons
23 Class 2, not to exceed ....................... 1,000 gallons
24 Class 3, not to exceed ....................... 5,000 gallons
25 Class 4, not to exceed ...................... 10,000 gallons
26 Class 5, not to exceed ....................... 50,000 gallons

 

 

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1     (i) A wine-maker's premises license shall allow a licensee
2 that concurrently holds a first-class wine-maker's license to
3 sell and offer for sale at retail in the premises specified in
4 such license not more than 50,000 gallons of the first-class
5 wine-maker's wine that is made at the first-class wine-maker's
6 licensed premises per year for use or consumption, but not for
7 resale in any form. A wine-maker's premises license shall allow
8 a licensee who concurrently holds a second-class wine-maker's
9 license to sell and offer for sale at retail in the premises
10 specified in such license up to 100,000 gallons of the
11 second-class wine-maker's wine that is made at the second-class
12 wine-maker's licensed premises per year for use or consumption
13 but not for resale in any form. A wine-maker's premises license
14 shall allow a licensee that concurrently holds a first-class
15 wine-maker's license or a second-class wine-maker's license to
16 sell and offer for sale at retail at the premises specified in
17 the wine-maker's premises license, for use or consumption but
18 not for resale in any form, any beer, wine, and spirits
19 purchased from a licensed distributor. Upon approval from the
20 State Commission, a wine-maker's premises license shall allow
21 the licensee to sell and offer for sale at (i) the wine-maker's
22 licensed premises and (ii) at up to 2 additional locations for
23 use and consumption and not for resale. Each location shall
24 require additional licensing per location as specified in
25 Section 5-3 of this Act. A wine-maker's premises licensee shall
26 secure liquor liability insurance coverage in an amount at

 

 

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1 least equal to the maximum liability amounts set forth in
2 subsection (a) of Section 6-21 of this Act.
3     (j) An airplane license shall permit the licensee to import
4 alcoholic liquors into this State from any point in the United
5 States outside this State and to store such alcoholic liquors
6 in this State; to make wholesale purchases of alcoholic liquors
7 directly from manufacturers, foreign importers, distributors
8 and importing distributors from within or outside this State;
9 and to store such alcoholic liquors in this State; provided
10 that the above powers may be exercised only in connection with
11 the importation, purchase or storage of alcoholic liquors to be
12 sold or dispensed on an airplane; and provided further, that
13 airplane licensees exercising the above powers shall be subject
14 to all provisions of Article VIII of this Act as applied to
15 importing distributors. An airplane licensee shall also permit
16 the sale or dispensing of alcoholic liquors on any passenger
17 airplane regularly operated by a common carrier in this State,
18 but shall not permit the sale for resale of any alcoholic
19 liquors to any licensee within this State. A single airplane
20 license shall be required of an airline company if liquor
21 service is provided on board aircraft in this State. The annual
22 fee for such license shall be as determined in Section 5-3.
23     (k) A foreign importer's license shall permit such licensee
24 to purchase alcoholic liquor from Illinois licensed
25 non-resident dealers only, and to import alcoholic liquor other
26 than in bulk from any point outside the United States and to

 

 

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

 

 

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

 

 

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1 registration pursuant to subsection (a-1) of this Section shall
2 not be eligible to receive a broker's license.
3     (m) A non-resident dealer's license shall permit such
4 licensee to ship into and warehouse alcoholic liquor into this
5 State from any point outside of this State, and to sell such
6 alcoholic liquor to Illinois licensed foreign importers and
7 importing distributors and to no one else in this State;
8 provided that (i) said non-resident dealer shall register with
9 the Illinois Liquor Control Commission each and every brand of
10 alcoholic liquor which it proposes to sell to Illinois
11 licensees during the license period, (ii) it shall comply with
12 all of the provisions of Section 6-9 hereof with respect to
13 registration of such Illinois licensees as may be granted the
14 right to sell such brands at wholesale, and (iii) the
15 non-resident dealer shall comply with the provisions of
16 Sections 6-5 and 6-6 of this Act to the same extent that these
17 provisions apply to manufacturers.
18     (n) A brew pub license shall allow the licensee to
19 manufacture beer only on the premises specified in the license,
20 to make sales of the beer manufactured on the premises to
21 importing distributors, distributors, and to non-licensees for
22 use and consumption, to store the beer upon the premises, and
23 to sell and offer for sale at retail from the licensed
24 premises, provided that a brew pub licensee shall not sell for
25 off-premises consumption more than 50,000 gallons per year.
26     (o) A caterer retailer license shall allow the holder to

 

 

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

 

 

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

 

 

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1 to register under the Retailers' Occupation Tax Act must
2 register under the Use Tax Act to collect and remit use tax to
3 the Department of Revenue for all gallons of wine that are sold
4 by the licensee and shipped to persons in this State. If a
5 licensee fails to remit the tax imposed under this Act in
6 accordance with the provisions of Article VIII of this Act, the
7 winery shipper's license shall be revoked in accordance with
8 the provisions of Article VII of this Act. If a licensee fails
9 to properly register and remit tax under the Use Tax Act or the
10 Retailers' Occupation Tax Act for all wine that is sold by the
11 winery shipper and shipped to persons in this State, the winery
12 shipper's license shall be revoked in accordance with the
13 provisions of Article VII of this Act.
14     A winery shipper licensee must collect, maintain, and
15 submit to the Commission on a semi-annual basis the total
16 number of cases per resident of wine shipped to residents of
17 this State. A winery shipper licensed under this subsection (r)
18 must comply with the requirements of Section 6-29 of this
19 amendatory Act.
20 (Source: P.A. 95-331, eff. 8-21-07; 95-634, eff. 6-1-08;
21 95-769, eff. 7-29-08.)
 
22     (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
23     Sec. 5-3. License fees. Except as otherwise provided
24 herein, at the time application is made to the State Commission
25 for a license of any class, the applicant shall pay to the

 

 

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1 State Commission the fee hereinafter provided for the kind of
2 license applied for.
3     The fee for licenses issued by the State Commission shall
4 be as follows:
5     For a manufacturer's license:
6    Class 1. Distiller .............................$3,600
7    Class 2. Rectifier .............................3,600
8    Class 3. Brewer ................................900
9    Class 4. First-class Wine Manufacturer .........600
10    Class 5. Second-class
11        Wine Manufacturer ..........................1,200
12    Class 6. First-class wine-maker ................600
13    Class 7. Second-class wine-maker ...............1200
14    Class 8. Limited Wine Manufacturer..............120
15    Class 9. Craft Distiller....................... 1,800
16    For a Brew Pub License .........................1,050
17    For a caterer retailer's license................200
18    For a foreign importer's license ...............25
19    For an importing distributor's license .........25
20    For a distributor's license ....................270
21    For a non-resident dealer's license
22        (500,000 gallons or over) ..................270
23    For a non-resident dealer's license
24        (under 500,000 gallons) ....................90
25    For a wine-maker's premises license ............100
26    For a winery shipper's license

 

 

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1        (under 250,000 gallons).....................150
2    For a winery shipper's license
3        (250,000 or over, but under 500,000 gallons).500
4    For a winery shipper's license
5        (500,000 gallons or over)...................1,000
6    For a wine-maker's premises license,
7        second location ............................350
8    For a wine-maker's premises license,
9        third location .............................350
10    For a retailer's license .......................500
11    For a special event retailer's license,
12        (not-for-profit) ...........................25
13    For a special use permit license,
14        one day only ...............................50
15        2 days or more .............................100
16    For a railroad license .........................60
17    For a boat license .............................180
18    For an airplane license, times the
19        licensee's maximum number of aircraft
20        in flight, serving liquor over the
21        State at any given time, which either
22        originate, terminate, or make
23        an intermediate stop in the State ..........60
24    For a non-beverage user's license:
25        Class 1 ....................................24
26        Class 2 ....................................60

 

 

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1        Class 3 ....................................120
2        Class 4 ....................................240
3        Class 5 ....................................600
4    For a broker's license .........................600
5    For an auction liquor license ..................50
6     Fees collected under this Section shall be paid into the
7 Dram Shop Fund. On and after July 1, 2003, of the funds
8 received for a retailer's license, in addition to the first
9 $175, an additional $75 shall be paid into the Dram Shop Fund,
10 and $250 shall be paid into the General Revenue Fund. Beginning
11 June 30, 1990 and on June 30 of each subsequent year through
12 June 29, 2003, any balance over $5,000,000 remaining in the
13 Dram Shop Fund shall be credited to State liquor licensees and
14 applied against their fees for State liquor licenses for the
15 following year. The amount credited to each licensee shall be a
16 proportion of the balance in the Dram Fund that is the same as
17 the proportion of the license fee paid by the licensee under
18 this Section for the period in which the balance was
19 accumulated to the aggregate fees paid by all licensees during
20 that period.
21     No fee shall be paid for licenses issued by the State
22 Commission to the following non-beverage users:
23         (a) Hospitals, sanitariums, or clinics when their use
24     of alcoholic liquor is exclusively medicinal, mechanical
25     or scientific.
26         (b) Universities, colleges of learning or schools when

 

 

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1     their use of alcoholic liquor is exclusively medicinal,
2     mechanical or scientific.
3         (c) Laboratories when their use is exclusively for the
4     purpose of scientific research.
5 (Source: P.A. 95-634, eff. 6-1-08.)
 
6     (235 ILCS 5/6-4)  (from Ch. 43, par. 121)
7     Sec. 6-4. (a) No person licensed by any licensing authority
8 as a distiller, or a wine manufacturer, or any subsidiary or
9 affiliate thereof, or any officer, associate, member, partner,
10 representative, employee, agent or shareholder owning more
11 than 5% of the outstanding shares of such person shall be
12 issued an importing distributor's or distributor's license,
13 nor shall any person licensed by any licensing authority as an
14 importing distributor, distributor or retailer, or any
15 subsidiary or affiliate thereof, or any officer or associate,
16 member, partner, representative, employee, agent or
17 shareholder owning more than 5% of the outstanding shares of
18 such person be issued a distiller's license or a wine
19 manufacturer's license; and no person or persons licensed as a
20 distiller by any licensing authority shall have any interest,
21 directly or indirectly, with such distributor or importing
22 distributor.
23     However, an importing distributor or distributor, which on
24 January 1, 1985 is owned by a brewer, or any subsidiary or
25 affiliate thereof or any officer, associate, member, partner,

 

 

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1 representative, employee, agent or shareholder owning more
2 than 5% of the outstanding shares of the importing distributor
3 or distributor referred to in this paragraph, may own or
4 acquire an ownership interest of more than 5% of the
5 outstanding shares of a wine manufacturer and be issued a wine
6 manufacturer's license by any licensing authority.
7     (b) The foregoing provisions shall not apply to any person
8 licensed by any licensing authority as a distiller or wine
9 manufacturer, or to any subsidiary or affiliate of any
10 distiller or wine manufacturer who shall have been heretofore
11 licensed by the State Commission as either an importing
12 distributor or distributor during the annual licensing period
13 expiring June 30, 1947, and shall actually have made sales
14 regularly to retailers.
15     (c) Provided, however, that in such instances where a
16 distributor's or importing distributor's license has been
17 issued to any distiller or wine manufacturer or to any
18 subsidiary or affiliate of any distiller or wine manufacturer
19 who has, during the licensing period ending June 30, 1947, sold
20 or distributed as such licensed distributor or importing
21 distributor alcoholic liquors and wines to retailers, such
22 distiller or wine manufacturer or any subsidiary or affiliate
23 of any distiller or wine manufacturer holding such
24 distributor's or importing distributor's license may continue
25 to sell or distribute to retailers such alcoholic liquors and
26 wines which are manufactured, distilled, processed or marketed

 

 

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1 by distillers and wine manufacturers whose products it sold or
2 distributed to retailers during the whole or any part of its
3 licensing periods; and such additional brands and additional
4 products may be added to the line of such distributor or
5 importing distributor, provided, that such brands and such
6 products were not sold or distributed by any distributor or
7 importing distributor licensed by the State Commission during
8 the licensing period ending June 30, 1947, but can not sell or
9 distribute to retailers any other alcoholic liquors or wines.
10     (d) It shall be unlawful for any distiller licensed
11 anywhere to have any stock ownership or interest in any
12 distributor's or importing distributor's license wherein any
13 other person has an interest therein who is not a distiller and
14 does not own more than 5% of any stock in any distillery.
15 Nothing herein contained shall apply to such distillers or
16 their subsidiaries or affiliates, who had a distributor's or
17 importing distributor's license during the licensing period
18 ending June 30, 1947, which license was owned in whole by such
19 distiller, or subsidiaries or affiliates of such distiller.
20     (e) Any person having been licensed as a manufacturer shall
21 be permitted to receive one retailer's license for the premises
22 in which he or she actually conducts such business, permitting
23 the sale of beer only on such premises, but no such person
24 shall be entitled to more than one retailer's license in any
25 event, and, other than a manufacturer of beer as stated above,
26 no manufacturer or distributor or importing distributor,

 

 

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1 excluding airplane licensees exercising powers provided in
2 paragraph (i) of Section 5-1 of this Act, or any subsidiary or
3 affiliate thereof, or any officer, associate, member, partner,
4 representative, employee or agent, or shareholder shall be
5 issued a retailer's license, nor shall any person having a
6 retailer's license, excluding airplane licensees exercising
7 powers provided in paragraph (i) of Section 5-1 of this Act, or
8 any subsidiary or affiliate thereof, or any officer, associate,
9 member, partner, representative or agent, or shareholder be
10 issued a manufacturer's license or , importing distributor's
11 license.
12     A person licensed as a craft distiller not affiliated with
13 any other person manufacturing spirits may be permitted to
14 receive one retailer's license for the premises in which he or
15 she actually conducts business permitting only the retail sale
16 of spirits manufactured at such premises. Such sales shall be
17 limited to on-premises, in-person sales only, for lawful
18 consumption on or off premises. A craft distiller licensed for
19 retail sale shall secure liquor liability insurance coverage in
20 an amount at least equal to the maximum liability amounts set
21 forth in subsection (a) of Section 6-21 of this Act.
22     (f) However, the foregoing prohibitions against any person
23 licensed as a distiller or wine manufacturer being issued a
24 retailer's license shall not apply:
25     (i) to any hotel, motel or restaurant whose principal
26 business is not the sale of alcoholic liquors if said

 

 

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1 retailer's sales of any alcoholic liquors manufactured, sold,
2 distributed or controlled, directly or indirectly, by any
3 affiliate, subsidiary, officer, associate, member, partner,
4 representative, employee, agent or shareholder owning more
5 than 5% of the outstanding shares of such person does not
6 exceed 10% of the total alcoholic liquor sales of said retail
7 licensee; and
8     (ii) where the Commission determines, having considered
9 the public welfare, the economic impact upon the State and the
10 entirety of the facts and circumstances involved, that the
11 purpose and intent of this Section would not be violated by
12 granting an exemption.
13     (g) Notwithstanding any of the foregoing prohibitions, a
14 limited wine manufacturer may sell at retail at its
15 manufacturing site for on or off premises consumption and may
16 sell to distributors. A limited wine manufacturer licensee
17 shall secure liquor liability insurance coverage in an amount
18 at least equal to the maximum liability amounts set forth in
19 subsection (a) of Section 6-21 of this Act.
20 (Source: P.A. 95-634, eff. 6-1-08.)
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.