Illinois General Assembly - Full Text of HB4486
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Full Text of HB4486  99th General Assembly

HB4486eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB4486 EngrossedLRB099 15765 RPS 40069 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 5-1, 5-3, 6-4, and 6-31 as follows:
 
6    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
7    Sec. 5-1. Licenses issued by the Illinois Liquor Control
8Commission shall be of the following classes:
9    (a) Manufacturer's license - Class 1. Distiller, Class 2.
10Rectifier, Class 3. Brewer, Class 4. First Class Wine
11Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
12First Class Winemaker, Class 7. Second Class Winemaker, Class
138. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
1410. Class 1 Brewer, Class 11. Class 2 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,

 

 

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

 

 

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1importing distributors and distributors and may make sales as
2authorized under subsection (e) of Section 6-4 of this Act.
3    Class 4. A first class wine-manufacturer may make sales and
4deliveries of up to 50,000 gallons of wine to manufacturers,
5importing distributors and distributors, and to no other
6licensees.
7    Class 5. A second class Wine manufacturer may make sales
8and deliveries of more than 50,000 gallons of wine to
9manufacturers, importing distributors and distributors and to
10no other licensees.
11    Class 6. A first-class wine-maker's license shall allow the
12manufacture of up to 50,000 gallons of wine per year, and the
13storage and sale of such wine to distributors in the State and
14to persons without the State, as may be permitted by law. A
15person who, prior to June 1, 2008 (the effective date of Public
16Act 95-634) this amendatory Act of the 95th General Assembly,
17is a holder of a first-class wine-maker's license and annually
18produces more than 25,000 gallons of its own wine and who
19distributes its wine to licensed retailers shall cease this
20practice on or before July 1, 2008 in compliance with Public
21Act 95-634 this amendatory Act of the 95th General Assembly.
22    Class 7. A second-class wine-maker's license shall allow
23the manufacture of between 50,000 and 150,000 gallons of wine
24per year, and the storage and sale of such wine to distributors
25in this State and to persons without the State, as may be
26permitted by law. A person who, prior to June 1, 2008 (the

 

 

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1effective date of Public Act 95-634) this amendatory Act of the
295th General Assembly, is a holder of a second-class
3wine-maker's license and annually produces more than 25,000
4gallons of its own wine and who distributes its wine to
5licensed retailers shall cease this practice on or before July
61, 2008 in compliance with Public Act 95-634 this amendatory
7Act of the 95th General Assembly.
8    Class 8. A limited wine-manufacturer may make sales and
9deliveries not to exceed 40,000 gallons of wine per year to
10distributors, and to non-licensees in accordance with the
11provisions of this Act.
12    Class 9. A craft distiller license shall allow the
13manufacture of up to 100,000 30,000 gallons of spirits by
14distillation for one year after the effective date of this
15amendatory Act of the 97th General Assembly and up to 35,000
16gallons of spirits by distillation per year thereafter and the
17storage of such spirits. If a craft distiller licensee is not
18affiliated with any other manufacturer, then the craft
19distiller licensee may sell such spirits to distributors in
20this State and up to 2,500 gallons of such spirits to
21non-licensees to the extent permitted by any exemption approved
22by the Commission pursuant to Section 6-4 of this Act.
23    Any craft distiller licensed under this Act who on July 28,
242010 (the effective date of Public Act 96-1367) this amendatory
25Act of the 96th General Assembly was licensed as a distiller
26and manufactured no more spirits than permitted by this Section

 

 

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1shall not be required to pay the initial licensing fee.
2    Class 10. A class 1 brewer license, which may only be
3issued to a licensed brewer or licensed non-resident dealer,
4shall allow the manufacture of up to 930,000 gallons of beer
5per year provided that the class 1 brewer licensee does not
6manufacture more than a combined 930,000 gallons of beer per
7year and is not a member of or affiliated with, directly or
8indirectly, a manufacturer that produces more than 930,000
9gallons of beer per year or any other alcoholic liquor. A class
101 brewer 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.
14    Class 11. A class 2 brewer license, which may only be
15issued to a licensed brewer or licensed non-resident dealer,
16shall allow the manufacture of up to 3,720,000 gallons of beer
17per year provided that the class 2 brewer licensee does not
18manufacture more than a combined 3,720,000 gallons of beer per
19year and is not a member of or affiliated with, directly or
20indirectly, a manufacturer that produces more than 3,720,000
21gallons of beer per year or any other alcoholic liquor. A class
222 brewer licensee may make sales and deliveries to importing
23distributors and distributors, but shall not make sales or
24deliveries to any other licensee. If the State Commission
25provides prior approval, a class 2 brewer licensee may annually
26transfer up to 3,720,000 gallons of beer manufactured by that

 

 

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1class 2 brewer licensee to the premises of a licensed class 2
2brewer wholly owned and operated by the same licensee.
3    (a-1) A manufacturer which is licensed in this State to
4make sales or deliveries of alcoholic liquor to licensed
5distributors or importing distributors and which enlists
6agents, representatives, or individuals acting on its behalf
7who contact licensed retailers on a regular and continual basis
8in this State must register those agents, representatives, or
9persons acting on its behalf with the State Commission.
10    Registration of agents, representatives, or persons acting
11on behalf of a manufacturer is fulfilled by submitting a form
12to the Commission. The form shall be developed by the
13Commission and shall include the name and address of the
14applicant, the name and address of the manufacturer he or she
15represents, the territory or areas assigned to sell to or
16discuss pricing terms of alcoholic liquor, and any other
17questions deemed appropriate and necessary. All statements in
18the forms required to be made by law or by rule shall be deemed
19material, and any person who knowingly misstates any material
20fact under oath in an application is guilty of a Class B
21misdemeanor. Fraud, misrepresentation, false statements,
22misleading statements, evasions, or suppression of material
23facts in the securing of a registration are grounds for
24suspension or revocation of the registration. The State
25Commission shall post a list of registered agents on the
26Commission's website.

 

 

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1    (b) A distributor's license shall allow the wholesale
2purchase and storage of alcoholic liquors and sale of alcoholic
3liquors to licensees in this State and to persons without the
4State, as may be permitted by law.
5    (c) An importing distributor's license may be issued to and
6held by those only who are duly licensed distributors, upon the
7filing of an application by a duly licensed distributor, with
8the Commission and the Commission shall, without the payment of
9any fee, immediately issue such importing distributor's
10license to the applicant, which shall allow the importation of
11alcoholic liquor by the licensee into this State from any point
12in the United States outside this State, and the purchase of
13alcoholic liquor in barrels, casks or other bulk containers and
14the bottling of such alcoholic liquors before resale thereof,
15but all bottles or containers so filled shall be sealed,
16labeled, stamped and otherwise made to comply with all
17provisions, rules and regulations governing manufacturers in
18the preparation and bottling of alcoholic liquors. The
19importing distributor's license shall permit such licensee to
20purchase alcoholic liquor from Illinois licensed non-resident
21dealers and foreign importers only.
22    (d) A retailer's license shall allow the licensee to sell
23and offer for sale at retail, only in the premises specified in
24the license, alcoholic liquor for use or consumption, but not
25for resale in any form. Nothing in Public Act 95-634 this
26amendatory Act of the 95th General Assembly shall deny, limit,

 

 

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1remove, or restrict the ability of a holder of a retailer's
2license to transfer, deliver, or ship alcoholic liquor to the
3purchaser for use or consumption subject to any applicable
4local law or ordinance. Any retail license issued to a
5manufacturer shall only permit the manufacturer to sell beer at
6retail on the premises actually occupied by the manufacturer.
7For the purpose of further describing the type of business
8conducted at a retail licensed premises, a retailer's licensee
9may be designated by the State Commission as (i) an on premise
10consumption retailer, (ii) an off premise sale retailer, or
11(iii) a combined on premise consumption and off premise sale
12retailer.
13    Notwithstanding any other provision of this subsection
14(d), a retail licensee may sell alcoholic liquors to a special
15event retailer licensee for resale to the extent permitted
16under subsection (e).
17    (e) A special event retailer's license (not-for-profit)
18shall permit the licensee to purchase alcoholic liquors from an
19Illinois licensed distributor (unless the licensee purchases
20less than $500 of alcoholic liquors for the special event, in
21which case the licensee may purchase the alcoholic liquors from
22a licensed retailer) and shall allow the licensee to sell and
23offer for sale, at retail, alcoholic liquors for use or
24consumption, but not for resale in any form and only at the
25location and on the specific dates designated for the special
26event in the license. An applicant for a special event retailer

 

 

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1license must (i) furnish with the application: (A) a resale
2number issued under Section 2c of the Retailers' Occupation Tax
3Act or evidence that the applicant is registered under Section
42a of the Retailers' Occupation Tax Act, (B) a current, valid
5exemption identification number issued under Section 1g of the
6Retailers' Occupation Tax Act, and a certification to the
7Commission that the purchase of alcoholic liquors will be a
8tax-exempt purchase, or (C) a statement that the applicant is
9not registered under Section 2a of the Retailers' Occupation
10Tax Act, does not hold a resale number under Section 2c of the
11Retailers' Occupation Tax Act, and does not hold an exemption
12number under Section 1g of the Retailers' Occupation Tax Act,
13in which event the Commission shall set forth on the special
14event retailer's license a statement to that effect; (ii)
15submit with the application proof satisfactory to the State
16Commission that the applicant will provide dram shop liability
17insurance in the maximum limits; and (iii) show proof
18satisfactory to the State Commission that the applicant has
19obtained local authority approval.
20    (f) A railroad license shall permit the licensee to import
21alcoholic liquors into this State from any point in the United
22States outside this State and to store such alcoholic liquors
23in this State; to make wholesale purchases of alcoholic liquors
24directly from manufacturers, foreign importers, distributors
25and importing distributors from within or outside this State;
26and to store such alcoholic liquors in this State; provided

 

 

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1that the above powers may be exercised only in connection with
2the importation, purchase or storage of alcoholic liquors to be
3sold or dispensed on a club, buffet, lounge or dining car
4operated on an electric, gas or steam railway in this State;
5and provided further, that railroad licensees exercising the
6above powers shall be subject to all provisions of Article VIII
7of this Act as applied to importing distributors. A railroad
8license shall also permit the licensee to sell or dispense
9alcoholic liquors on any club, buffet, lounge or dining car
10operated on an electric, gas or steam railway regularly
11operated by a common carrier in this State, but shall not
12permit the sale for resale of any alcoholic liquors to any
13licensee within this State. A license shall be obtained for
14each car in which such sales are made.
15    (g) A boat license shall allow the sale of alcoholic liquor
16in individual drinks, on any passenger boat regularly operated
17as a common carrier on navigable waters in this State or on any
18riverboat operated under the Riverboat Gambling Act, which boat
19or riverboat maintains a public dining room or restaurant
20thereon.
21    (h) A non-beverage user's license shall allow the licensee
22to purchase alcoholic liquor from a licensed manufacturer or
23importing distributor, without the imposition of any tax upon
24the business of such licensed manufacturer or importing
25distributor as to such alcoholic liquor to be used by such
26licensee solely for the non-beverage purposes set forth in

 

 

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1subsection (a) of Section 8-1 of this Act, and such licenses
2shall be divided and classified and shall permit the purchase,
3possession and use of limited and stated quantities of
4alcoholic liquor as follows:
5Class 1, not to exceed ......................... 500 gallons
6Class 2, not to exceed ....................... 1,000 gallons
7Class 3, not to exceed ....................... 5,000 gallons
8Class 4, not to exceed ...................... 10,000 gallons
9Class 5, not to exceed ....................... 50,000 gallons
10    (i) A wine-maker's premises license shall allow a licensee
11that concurrently holds a first-class wine-maker's license to
12sell and offer for sale at retail in the premises specified in
13such license not more than 50,000 gallons of the first-class
14wine-maker's wine that is made at the first-class wine-maker's
15licensed premises per year for use or consumption, but not for
16resale in any form. A wine-maker's premises license shall allow
17a licensee who concurrently holds a second-class wine-maker's
18license to sell and offer for sale at retail in the premises
19specified in such license up to 100,000 gallons of the
20second-class wine-maker's wine that is made at the second-class
21wine-maker's licensed premises per year for use or consumption
22but not for resale in any form. A wine-maker's premises license
23shall allow a licensee that concurrently holds a first-class
24wine-maker's license or a second-class wine-maker's license to
25sell and offer for sale at retail at the premises specified in
26the wine-maker's premises license, for use or consumption but

 

 

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

 

 

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1but shall not permit the sale for resale of any alcoholic
2liquors to any licensee within this State. A single airplane
3license shall be required of an airline company if liquor
4service is provided on board aircraft in this State. The annual
5fee for such license shall be as determined in Section 5-3.
6    (k) A foreign importer's license shall permit such licensee
7to purchase alcoholic liquor from Illinois licensed
8non-resident dealers only, and to import alcoholic liquor other
9than in bulk from any point outside the United States and to
10sell such alcoholic liquor to Illinois licensed importing
11distributors and to no one else in Illinois; provided that (i)
12the foreign importer registers with the State Commission every
13brand of alcoholic liquor that it proposes to sell to Illinois
14licensees during the license period, (ii) the foreign importer
15complies with all of the provisions of Section 6-9 of this Act
16with respect to registration of such Illinois licensees as may
17be granted the right to sell such brands at wholesale, and
18(iii) the foreign importer complies with the provisions of
19Sections 6-5 and 6-6 of this Act to the same extent that these
20provisions apply to manufacturers.
21    (l) (i) A broker's license shall be required of all persons
22who solicit orders for, offer to sell or offer to supply
23alcoholic liquor to retailers in the State of Illinois, or who
24offer to retailers to ship or cause to be shipped or to make
25contact with distillers, rectifiers, brewers or manufacturers
26or any other party within or without the State of Illinois in

 

 

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1order that alcoholic liquors be shipped to a distributor,
2importing distributor or foreign importer, whether such
3solicitation or offer is consummated within or without the
4State of Illinois.
5    No holder of a retailer's license issued by the Illinois
6Liquor Control Commission shall purchase or receive any
7alcoholic liquor, the order for which was solicited or offered
8for sale to such retailer by a broker unless the broker is the
9holder of a valid broker's license.
10    The broker shall, upon the acceptance by a retailer of the
11broker's solicitation of an order or offer to sell or supply or
12deliver or have delivered alcoholic liquors, promptly forward
13to the Illinois Liquor Control Commission a notification of
14said transaction in such form as the Commission may by
15regulations prescribe.
16    (ii) A broker's license shall be required of a person
17within this State, other than a retail licensee, who, for a fee
18or commission, promotes, solicits, or accepts orders for
19alcoholic liquor, for use or consumption and not for resale, to
20be shipped from this State and delivered to residents outside
21of this State by an express company, common carrier, or
22contract carrier. This Section does not apply to any person who
23promotes, solicits, or accepts orders for wine as specifically
24authorized in Section 6-29 of this Act.
25    A broker's license under this subsection (l) shall not
26entitle the holder to buy or sell any alcoholic liquors for his

 

 

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1own account or to take or deliver title to such alcoholic
2liquors.
3    This subsection (l) shall not apply to distributors,
4employees of distributors, or employees of a manufacturer who
5has registered the trademark, brand or name of the alcoholic
6liquor pursuant to Section 6-9 of this Act, and who regularly
7sells such alcoholic liquor in the State of Illinois only to
8its registrants thereunder.
9    Any agent, representative, or person subject to
10registration pursuant to subsection (a-1) of this Section shall
11not be eligible to receive a broker's license.
12    (m) A non-resident dealer's license shall permit such
13licensee to ship into and warehouse alcoholic liquor into this
14State from any point outside of this State, and to sell such
15alcoholic liquor to Illinois licensed foreign importers and
16importing distributors and to no one else in this State;
17provided that (i) said non-resident dealer shall register with
18the Illinois Liquor Control Commission each and every brand of
19alcoholic liquor which it proposes to sell to Illinois
20licensees during the license period, (ii) it shall comply with
21all of the provisions of Section 6-9 hereof with respect to
22registration of such Illinois licensees as may be granted the
23right to sell such brands at wholesale, and (iii) the
24non-resident dealer shall comply with the provisions of
25Sections 6-5 and 6-6 of this Act to the same extent that these
26provisions apply to manufacturers.

 

 

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1    (n) A brew pub license shall allow the licensee to only (i)
2manufacture up to 155,000 gallons of beer per year only on the
3premises specified in the license, (ii) make sales of the beer
4manufactured on the premises or, with the approval of the
5Commission, beer manufactured on another brew pub licensed
6premises that is wholly owned and operated by the same licensee
7to importing distributors, distributors, and to non-licensees
8for use and consumption, (iii) store the beer upon the
9premises, (iv) sell and offer for sale at retail from the
10licensed premises for off-premises consumption no more than
11155,000 gallons per year so long as such sales are only made
12in-person, (v) sell and offer for sale at retail for use and
13consumption on the premises specified in the license any form
14of alcoholic liquor purchased from a licensed distributor or
15importing distributor, and (vi) with the prior approval of the
16Commission, annually transfer no more than 155,000 gallons of
17beer manufactured on the premises to a licensed brew pub wholly
18owned and operated by the same licensee.
19    A brew pub licensee shall not under any circumstance sell
20or offer for sale beer manufactured by the brew pub licensee to
21retail licensees.
22    A person who holds a class 2 brewer license may
23simultaneously hold a brew pub license if the class 2 brewer
24(i) does not, under any circumstance, sell or offer for sale
25beer manufactured by the class 2 brewer to retail licensees;
26(ii) does not hold more than 3 brew pub licenses in this State;

 

 

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1(iii) does not manufacture more than a combined 3,720,000
2gallons of beer per year, including the beer manufactured at
3the brew pub; and (iv) is not a member of or affiliated with,
4directly or indirectly, a manufacturer that produces more than
53,720,000 gallons of beer per year or any other alcoholic
6liquor.
7    Notwithstanding any other provision of this Act, a licensed
8brewer, class 2 brewer, or non-resident dealer who before July
91, 2015 manufactured less than than 3,720,000 gallons of beer
10per year and held a brew pub license on or before July 1, 2015
11may (i) continue to qualify for and hold that brew pub license
12for the licensed premises and (ii) manufacture more than
133,720,000 gallons of beer per year and continue to qualify for
14and hold that brew pub license if that brewer, class 2 brewer,
15or non-resident dealer does not simultaneously hold a class 1
16brewer license and is not a member of or affiliated with,
17directly or indirectly, a manufacturer that produces more than
183,720,000 gallons of beer per year or that produces any other
19alcoholic liquor.
20    (o) A caterer retailer license shall allow the holder to
21serve alcoholic liquors as an incidental part of a food service
22that serves prepared meals which excludes the serving of snacks
23as the primary meal, either on or off-site whether licensed or
24unlicensed.
25    (p) An auction liquor license shall allow the licensee to
26sell and offer for sale at auction wine and spirits for use or

 

 

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

 

 

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1of age or older for that resident's personal use and not for
2resale. Prior to receiving a winery shipper's license, an
3applicant for the license must provide the Commission with a
4true copy of its current license in any state in which it is
5licensed as a manufacturer of wine. An applicant for a winery
6shipper's license must also complete an application form that
7provides any other information the Commission deems necessary.
8The application form shall include an acknowledgement
9consenting to the jurisdiction of the Commission, the Illinois
10Department of Revenue, and the courts of this State concerning
11the enforcement of this Act and any related laws, rules, and
12regulations, including authorizing the Department of Revenue
13and the Commission to conduct audits for the purpose of
14ensuring compliance with Public Act 95-634 this amendatory Act.
15    A winery shipper licensee must pay to the Department of
16Revenue the State liquor gallonage tax under Section 8-1 for
17all wine that is sold by the licensee and shipped to a person
18in this State. For the purposes of Section 8-1, a winery
19shipper licensee shall be taxed in the same manner as a
20manufacturer of wine. A licensee who is not otherwise required
21to register under the Retailers' Occupation Tax Act must
22register under the Use Tax Act to collect and remit use tax to
23the Department of Revenue for all gallons of wine that are sold
24by the licensee and shipped to persons in this State. If a
25licensee fails to remit the tax imposed under this Act in
26accordance with the provisions of Article VIII of this Act, the

 

 

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1winery shipper's license shall be revoked in accordance with
2the provisions of Article VII of this Act. If a licensee fails
3to properly register and remit tax under the Use Tax Act or the
4Retailers' Occupation Tax Act for all wine that is sold by the
5winery shipper and shipped to persons in this State, the winery
6shipper's license shall be revoked in accordance with the
7provisions of Article VII of this Act.
8    A winery shipper licensee must collect, maintain, and
9submit to the Commission on a semi-annual basis the total
10number of cases per resident of wine shipped to residents of
11this State. A winery shipper licensed under this subsection (r)
12must comply with the requirements of Section 6-29 of this
13amendatory Act.
14    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
15Section 3-12, the State Commission may receive, respond to, and
16investigate any complaint and impose any of the remedies
17specified in paragraph (1) of subsection (a) of Section 3-12.
18    (s) A craft distiller tasting permit license shall allow an
19Illinois licensed craft distiller to transfer a portion of its
20alcoholic liquor inventory from its retail licensed premises to
21the premises specified in the license hereby created and to
22conduct a sampling, only in the premises specified in the
23license hereby created, of the transferred alcoholic liquor in
24accordance with subsection (c) of Section 6-31 of this Act. The
25transferred alcoholic liquor may not be sold or resold in any
26form. An applicant for the craft distiller tasting permit

 

 

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1license must also submit with the application proof
2satisfactory to the State Commission that the applicant will
3provide dram shop liability insurance to the maximum limits and
4have local authority approval.
5(Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13;
698-756, eff. 7-16-14; 99-448, eff. 8-24-15; revised 10-27-15.)
 
7    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
8    Sec. 5-3. License fees. Except as otherwise provided
9herein, at the time application is made to the State Commission
10for a license of any class, the applicant shall pay to the
11State Commission the fee hereinafter provided for the kind of
12license applied for.
13    The fee for licenses issued by the State Commission shall
14be as follows:
15    For a manufacturer's license:
16    Class 1. Distiller .............................$3,600
17    Class 2. Rectifier .............................3,600
18    Class 3. Brewer ................................900
19    Class 4. First-class Wine Manufacturer .........600
20    Class 5. Second-class
21        Wine Manufacturer ..........................1,200
22    Class 6. First-class wine-maker ................600
23    Class 7. Second-class wine-maker ...............1200
24    Class 8. Limited Wine Manufacturer..............120
25    Class 9. Craft Distiller........................ 1,800

 

 

HB4486 Engrossed- 22 -LRB099 15765 RPS 40069 b

1    Class 10. Class 1 Brewer........................25
2    Class 11. Class 2 Brewer........................ 25
3    For a Brew Pub License .........................1,050
4    For a caterer retailer's license................200
5    For a foreign importer's license ...............25
6    For an importing distributor's license .........25
7    For a distributor's license ....................270
8    For a non-resident dealer's license
9        (500,000 gallons or over) ..................270
10    For a non-resident dealer's license
11        (under 500,000 gallons) ....................90
12    For a wine-maker's premises license ............100
13    For a winery shipper's license
14        (under 250,000 gallons).....................150
15    For a winery shipper's license
16        (250,000 or over, but under 500,000 gallons).500
17    For a winery shipper's license
18        (500,000 gallons or over)...................1,000
19    For a wine-maker's premises license,
20        second location ............................350
21    For a wine-maker's premises license,
22        third location .............................350
23    For a retailer's license .......................500
24    For a special event retailer's license,
25        (not-for-profit) ...........................25
26    For a special use permit license,

 

 

HB4486 Engrossed- 23 -LRB099 15765 RPS 40069 b

1        one day only ...............................50
2        2 days or more .............................100
3    For a railroad license .........................60
4    For a boat license .............................180
5    For an airplane license, times the
6        licensee's maximum number of aircraft
7        in flight, serving liquor over the
8        State at any given time, which either
9        originate, terminate, or make
10        an intermediate stop in the State ..........60
11    For a non-beverage user's license:
12        Class 1 ....................................24
13        Class 2 ....................................60
14        Class 3 ....................................120
15        Class 4 ....................................240
16        Class 5 ....................................600
17    For a broker's license .........................600
18    For an auction liquor license ..................50
19    For a homebrewer special event permit........... 25
20    For a craft distiller tasting permit............ 25
21    Fees collected under this Section shall be paid into the
22Dram Shop Fund. On and after July 1, 2003, of the funds
23received for a retailer's license, in addition to the first
24$175, an additional $75 shall be paid into the Dram Shop Fund,
25and $250 shall be paid into the General Revenue Fund. Beginning
26June 30, 1990 and on June 30 of each subsequent year through

 

 

HB4486 Engrossed- 24 -LRB099 15765 RPS 40069 b

1June 29, 2003, any balance over $5,000,000 remaining in the
2Dram Shop Fund shall be credited to State liquor licensees and
3applied against their fees for State liquor licenses for the
4following year. The amount credited to each licensee shall be a
5proportion of the balance in the Dram Fund that is the same as
6the proportion of the license fee paid by the licensee under
7this Section for the period in which the balance was
8accumulated to the aggregate fees paid by all licensees during
9that period.
10    No fee shall be paid for licenses issued by the State
11Commission to the following non-beverage users:
12        (a) Hospitals, sanitariums, or clinics when their use
13    of alcoholic liquor is exclusively medicinal, mechanical
14    or scientific.
15        (b) Universities, colleges of learning or schools when
16    their use of alcoholic liquor is exclusively medicinal,
17    mechanical or scientific.
18        (c) Laboratories when their use is exclusively for the
19    purpose of scientific research.
20(Source: P.A. 98-55, eff. 7-5-13; 99-448, eff. 8-24-15.)
 
21    (235 ILCS 5/6-4)  (from Ch. 43, par. 121)
22    Sec. 6-4. (a) No person licensed by any licensing authority
23as a distiller, or a wine manufacturer, or any subsidiary or
24affiliate thereof, or any officer, associate, member, partner,
25representative, employee, agent or shareholder owning more

 

 

HB4486 Engrossed- 25 -LRB099 15765 RPS 40069 b

1than 5% of the outstanding shares of such person shall be
2issued an importing distributor's or distributor's license,
3nor shall any person licensed by any licensing authority as an
4importing distributor, distributor or retailer, or any
5subsidiary or affiliate thereof, or any officer or associate,
6member, partner, representative, employee, agent or
7shareholder owning more than 5% of the outstanding shares of
8such person be issued a distiller's license or a wine
9manufacturer's license; and no person or persons licensed as a
10distiller by any licensing authority shall have any interest,
11directly or indirectly, with such distributor or importing
12distributor.
13    However, an importing distributor or distributor, which on
14January 1, 1985 is owned by a brewer, or any subsidiary or
15affiliate thereof or any officer, associate, member, partner,
16representative, employee, agent or shareholder owning more
17than 5% of the outstanding shares of the importing distributor
18or distributor referred to in this paragraph, may own or
19acquire an ownership interest of more than 5% of the
20outstanding shares of a wine manufacturer and be issued a wine
21manufacturer's license by any licensing authority.
22    (b) The foregoing provisions shall not apply to any person
23licensed by any licensing authority as a distiller or wine
24manufacturer, or to any subsidiary or affiliate of any
25distiller or wine manufacturer who shall have been heretofore
26licensed by the State Commission as either an importing

 

 

HB4486 Engrossed- 26 -LRB099 15765 RPS 40069 b

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

 

 

HB4486 Engrossed- 27 -LRB099 15765 RPS 40069 b

1distributor's or importing distributor's license wherein any
2other person has an interest therein who is not a distiller and
3does not own more than 5% of any stock in any distillery.
4Nothing herein contained shall apply to such distillers or
5their subsidiaries or affiliates, who had a distributor's or
6importing distributor's license during the licensing period
7ending June 30, 1947, which license was owned in whole by such
8distiller, or subsidiaries or affiliates of such distiller.
9    (e) Any person licensed as a brewer, class 1 brewer, or
10class 2 brewer shall be permitted to sell on the licensed
11premises to non-licensees for on or off-premises consumption
12for the premises in which he or she actually conducts such
13business beer manufactured by the brewer, class 1 brewer, or
14class 2 brewer. Such sales shall be limited to on-premises,
15in-person sales only, for lawful consumption on or off
16premises. Such authorization shall be considered a privilege
17granted by the brewer license and, other than a manufacturer of
18beer as stated above, no manufacturer or distributor or
19importing distributor, excluding airplane licensees exercising
20powers provided in paragraph (i) of Section 5-1 of this Act, or
21any subsidiary or affiliate thereof, or any officer, associate,
22member, partner, representative, employee or agent, or
23shareholder shall be issued a retailer's license, nor shall any
24person having a retailer's license, excluding airplane
25licensees exercising powers provided in paragraph (i) of
26Section 5-1 of this Act, or any subsidiary or affiliate

 

 

HB4486 Engrossed- 28 -LRB099 15765 RPS 40069 b

1thereof, or any officer, associate, member, partner,
2representative or agent, or shareholder be issued a
3manufacturer's license or importing distributor's license.
4    A person who holds a class 1 or class 2 brewer license and
5is authorized by this Section to sell beer to non-licensees
6shall not sell beer to non-licensees from more than 3 total
7brewer or commonly owned brew pub licensed locations in this
8State. The class 1 or class 2 brewer shall designate to the
9State Commission the brewer or brew pub locations from which it
10will sell beer to non-licensees.
11    A person licensed as a craft distiller not affiliated with
12any other person manufacturing spirits may be authorized by the
13Commission to sell up to 2,500 gallons of spirits produced by
14the person to non-licensees for on or off-premises consumption
15for the premises in which he or she actually conducts business
16permitting only the retail sale of spirits manufactured at such
17premises. Such sales shall be limited to on-premises, in-person
18sales only, for lawful consumption on or off premises, and such
19authorization shall be considered a privilege granted by the
20craft distiller license. A craft distiller licensed for retail
21sale shall secure liquor liability insurance coverage in an
22amount at least equal to the maximum liability amounts set
23forth in subsection (a) of Section 6-21 of this Act.
24    (f) (Blank).
25    (g) Notwithstanding any of the foregoing prohibitions, a
26limited wine manufacturer may sell at retail at its

 

 

HB4486 Engrossed- 29 -LRB099 15765 RPS 40069 b

1manufacturing site for on or off premises consumption and may
2sell to distributors. A limited wine manufacturer licensee
3shall secure liquor liability insurance coverage in an amount
4at least equal to the maximum liability amounts set forth in
5subsection (a) of Section 6-21 of this Act.
6    (h) The changes made to this Section by Public Act 99-47
7this amendatory Act of the 99th General Assembly shall not
8diminish or impair the rights of any person, whether a
9distiller, wine manufacturer, agent, or affiliate thereof, who
10requested in writing and submitted documentation to the State
11Commission on or before February 18, 2015 to be approved for a
12retail license pursuant to what has heretofore been subsection
13(f); provided that, on or before that date, the State
14Commission considered the intent of that person to apply for
15the retail license under that subsection and, by recorded vote,
16the State Commission approved a resolution indicating that such
17a license application could be lawfully approved upon that
18person duly filing a formal application for a retail license
19and if that person, within 90 days of the State Commission
20appearance and recorded vote, first filed an application with
21the appropriate local commission, which application was
22subsequently approved by the appropriate local commission
23prior to consideration by the State Commission of that person's
24application for a retail license. It is further provided that
25the State Commission may approve the person's application for a
26retail license or renewals of such license if such person

 

 

HB4486 Engrossed- 30 -LRB099 15765 RPS 40069 b

1continues to diligently adhere to all representations made in
2writing to the State Commission on or before February 18, 2015,
3or thereafter, or in the affidavit filed by that person with
4the State Commission to support the issuance of a retail
5license and to abide by all applicable laws and duly adopted
6rules.
7(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15;
8revised 10-30-15.)
 
9    (235 ILCS 5/6-31)
10    Sec. 6-31. Product sampling.
11    (a) Retailer, distributor, importing distributor,
12manufacturer and nonresident dealer licensees may conduct
13product sampling for consumption at a licensed retail location.
14Up to 3 samples, consisting of no more than (i) 1/4 ounce of
15distilled spirits, (ii) one ounce of wine, or (iii) 2 ounces of
16beer may be served to a consumer in one day.
17    (b) Notwithstanding the provisions of subsection (a), an
18on-premises retail licensee may offer for sale and serve more
19than one drink per person for sampling purposes. In any event,
20all provisions of Section 6-28 shall apply to an on-premises
21retail licensee that conducts product sampling.
22    (c) A craft distiller tasting permit licensee may conduct
23product sampling of distilled spirits for consumption at the
24location specified in the craft distiller tasting permit
25license. Up to 3 samples, consisting of no more than 1/4 ounce

 

 

HB4486 Engrossed- 31 -LRB099 15765 RPS 40069 b

1of distilled spirits, may be served to a consumer in one day.
2(Source: P.A. 99-46, eff. 7-15-15.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.