Full Text of HB4486 99th General Assembly
HB4486eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning liquor.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Sections 5-1, 5-3, 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 | 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, Class | 14 | | 10. 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 | 11 | | business entity that is
engaged in the manufacturing of wine | 12 | | may concurrently obtain and hold a
wine-maker's license and a | 13 | | wine manufacturer's license. | 14 | | (a) A manufacturer's license shall allow the manufacture,
| 15 | | importation in bulk, storage, distribution and sale of | 16 | | alcoholic liquor
to persons without the State, as may be | 17 | | permitted by law and to licensees
in this State as follows: | 18 | | Class 1. A Distiller may make sales and deliveries of | 19 | | alcoholic liquor to
distillers, rectifiers, importing | 20 | | distributors, distributors and
non-beverage users and to no | 21 | | other licensees. | 22 | | Class 2. A Rectifier, who is not a distiller, as defined | 23 | | herein, may make
sales and deliveries of alcoholic liquor to | 24 | | rectifiers, importing distributors,
distributors, retailers | 25 | | and 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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| 1 | | importing
distributors and distributors and may make sales as | 2 | | authorized under subsection (e) of Section 6-4 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 June 1, 2008 ( the effective date of Public | 16 | | Act 95-634) this amendatory Act of the 95th General Assembly , | 17 | | is a holder of a first-class wine-maker's license and annually | 18 | | produces more than 25,000 gallons of its own wine and who | 19 | | distributes its wine to licensed retailers shall cease this | 20 | | practice on or before July 1, 2008 in compliance with Public | 21 | | Act 95-634 this amendatory Act of the 95th 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 June 1, 2008 ( the |
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| 1 | | effective date of Public Act 95-634) this amendatory Act of the | 2 | | 95th General Assembly , is a holder of a second-class | 3 | | wine-maker's license and annually produces more than 25,000 | 4 | | gallons of its own wine and who distributes its wine to | 5 | | licensed retailers shall cease this practice on or before July | 6 | | 1, 2008 in compliance with Public Act 95-634 this amendatory | 7 | | Act of the 95th General Assembly . | 8 | | Class 8. A limited wine-manufacturer may make sales and | 9 | | deliveries not to
exceed 40,000 gallons of wine per year to | 10 | | distributors, and to
non-licensees in accordance with the | 11 | | provisions of this Act. | 12 | | Class 9. A craft distiller license shall allow the | 13 | | manufacture of up to 100,000 30,000 gallons of spirits by | 14 | | distillation for one year after the effective date of this | 15 | | amendatory Act of the 97th General Assembly and up to 35,000 | 16 | | gallons of spirits by distillation per year thereafter and the | 17 | | storage of such spirits. If a craft distiller licensee is not | 18 | | affiliated with any other manufacturer, then the craft | 19 | | distiller licensee may sell such spirits to distributors in | 20 | | this State and up to 2,500 gallons of such spirits to | 21 | | non-licensees to the extent permitted by any exemption approved | 22 | | by the Commission pursuant to Section 6-4 of this Act. | 23 | | Any craft distiller licensed under this Act who on July 28, | 24 | | 2010 ( the effective date of Public Act 96-1367) this amendatory | 25 | | Act of the 96th General Assembly was licensed as a distiller | 26 | | and manufactured no more spirits than permitted by this Section |
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| 1 | | shall not be required to pay the initial licensing fee. | 2 | | Class 10. A class 1 brewer license, which may only be | 3 | | issued to a licensed brewer or licensed non-resident dealer, | 4 | | shall allow the manufacture of up to 930,000 gallons of beer | 5 | | per year provided that the class 1 brewer licensee does not | 6 | | manufacture more than a combined 930,000 gallons of beer per | 7 | | year and is not a member of or affiliated with, directly or | 8 | | indirectly, a manufacturer that produces more than 930,000 | 9 | | gallons of beer per year or any other alcoholic liquor. A class | 10 | | 1 brewer licensee may make sales and deliveries to importing | 11 | | distributors and distributors and to retail licensees in | 12 | | accordance with the conditions set forth in paragraph (18) of | 13 | | subsection (a) of Section 3-12 of this Act. | 14 | | Class 11. A class 2 brewer license, which may only be | 15 | | issued to a licensed brewer or licensed non-resident dealer, | 16 | | shall allow the manufacture of up to 3,720,000 gallons of beer | 17 | | per year provided that the class 2 brewer licensee does not | 18 | | manufacture more than a combined 3,720,000 gallons of beer per | 19 | | year and is not a member of or affiliated with, directly or | 20 | | indirectly, a manufacturer that produces more than 3,720,000 | 21 | | gallons of beer per year or any other alcoholic liquor. A class | 22 | | 2 brewer licensee may make sales and deliveries to importing | 23 | | distributors and distributors, but shall not make sales or | 24 | | deliveries to any other licensee. If the State Commission | 25 | | provides prior approval, a class 2 brewer licensee may annually | 26 | | transfer up to 3,720,000 gallons of beer manufactured by that |
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| 1 | | class 2 brewer licensee to the premises of a licensed class 2 | 2 | | brewer wholly owned and operated by the same licensee. | 3 | | (a-1) A manufacturer which is licensed in this State to | 4 | | make sales or
deliveries of alcoholic liquor to licensed | 5 | | distributors or importing distributors and which enlists | 6 | | agents, representatives, or
individuals acting on its behalf | 7 | | who contact licensed retailers on a regular
and continual basis | 8 | | in this State must register those agents, representatives,
or | 9 | | persons acting on its behalf with the State Commission. | 10 | | Registration of agents, representatives, or persons acting | 11 | | on behalf of a
manufacturer is fulfilled by submitting a form | 12 | | to the Commission. The form
shall be developed by the | 13 | | Commission and shall include the name and address of
the | 14 | | applicant, the name and address of the manufacturer he or she | 15 | | represents,
the territory or areas assigned to sell to or | 16 | | discuss pricing terms of
alcoholic liquor, and any other | 17 | | questions deemed appropriate and necessary.
All statements in | 18 | | the forms required to be made by law or by rule shall be
deemed | 19 | | material, and any person who knowingly misstates any material | 20 | | fact under
oath in an application is guilty of a Class B | 21 | | misdemeanor. Fraud,
misrepresentation, false statements, | 22 | | misleading statements, evasions, or
suppression of material | 23 | | facts in the securing of a registration are grounds for
| 24 | | suspension or revocation of the registration. The State | 25 | | Commission shall post a list of registered agents on the | 26 | | Commission's website. |
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| 1 | | (b) A distributor's license shall allow the wholesale | 2 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 3 | | liquors to licensees
in this State and to persons without the | 4 | | State, as may be permitted by law. | 5 | | (c) An importing distributor's license may be issued to and | 6 | | held by
those only who are duly licensed distributors, upon the | 7 | | filing of an
application by a duly licensed distributor, with | 8 | | the Commission and
the Commission shall, without the
payment of | 9 | | any fee, immediately issue such importing distributor's
| 10 | | license to the applicant, which shall allow the importation of | 11 | | alcoholic
liquor by the licensee into this State from any point | 12 | | in the United
States outside this State, and the purchase of | 13 | | alcoholic liquor in
barrels, casks or other bulk containers and | 14 | | the bottling of such
alcoholic liquors before resale thereof, | 15 | | but all bottles or containers
so filled shall be sealed, | 16 | | labeled, stamped and otherwise made to comply
with all | 17 | | provisions, rules and regulations governing manufacturers in
| 18 | | the preparation and bottling of alcoholic liquors. The | 19 | | importing
distributor's license shall permit such licensee to | 20 | | purchase alcoholic
liquor from Illinois licensed non-resident | 21 | | dealers and foreign importers only. | 22 | | (d) A retailer's license shall allow the licensee to sell | 23 | | and offer
for sale at retail, only in the premises specified in | 24 | | the license,
alcoholic liquor for use or consumption, but not | 25 | | for resale in any form. Nothing in Public Act 95-634 this | 26 | | amendatory Act of the 95th General Assembly shall deny, limit, |
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| 1 | | remove, or restrict the ability of a holder of a retailer's | 2 | | license to transfer, deliver, or ship alcoholic liquor to the | 3 | | purchaser for use or consumption subject to any applicable | 4 | | local law or ordinance. Any retail license issued to a | 5 | | manufacturer shall only
permit the manufacturer to sell beer at | 6 | | retail on the premises actually
occupied by the manufacturer. | 7 | | For the purpose of further describing the type of business | 8 | | conducted at a retail licensed premises, a retailer's licensee | 9 | | may be designated by the State Commission as (i) an on premise | 10 | | consumption retailer, (ii) an off premise sale retailer, or | 11 | | (iii) a combined on premise consumption and off premise sale | 12 | | retailer.
| 13 | | Notwithstanding any other provision of this subsection | 14 | | (d), a retail
licensee may sell alcoholic liquors to a special | 15 | | event retailer licensee for
resale to the extent permitted | 16 | | under subsection (e). | 17 | | (e) A special event retailer's license (not-for-profit) | 18 | | shall permit the
licensee to purchase alcoholic liquors from an | 19 | | Illinois licensed distributor
(unless the licensee purchases | 20 | | less than $500 of alcoholic liquors for the
special event, in | 21 | | which case the licensee may purchase the alcoholic liquors
from | 22 | | a licensed retailer) and shall allow the licensee to sell and | 23 | | offer for
sale, at retail, alcoholic liquors for use or | 24 | | consumption, but not for resale
in any form and only at the | 25 | | location and on the specific dates designated for
the special | 26 | | event in the license. An applicant for a special event retailer
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| 1 | | license must
(i) furnish with the application: (A) a resale | 2 | | number issued under Section
2c of the Retailers' Occupation Tax | 3 | | Act or evidence that the applicant is
registered under Section | 4 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 5 | | exemption identification
number issued under Section 1g of the | 6 | | Retailers' Occupation Tax Act, and a
certification to the | 7 | | Commission that the purchase of alcoholic liquors will be
a | 8 | | tax-exempt purchase, or (C) a statement that the applicant is | 9 | | not registered
under Section 2a of the Retailers' Occupation | 10 | | Tax Act, does not hold a resale
number under Section 2c of the | 11 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 12 | | number under Section 1g of the Retailers' Occupation Tax
Act, | 13 | | in which event the Commission shall set forth on the special | 14 | | event
retailer's license a statement to that effect; (ii) | 15 | | submit with the application proof satisfactory to
the State | 16 | | Commission that the applicant will provide dram shop liability
| 17 | | insurance in the maximum limits; and (iii) show proof | 18 | | satisfactory to the
State Commission that the applicant has | 19 | | obtained local authority
approval. | 20 | | (f) A railroad license shall permit the licensee to import | 21 | | alcoholic
liquors into this State from any point in the United | 22 | | States outside this
State and to store such alcoholic liquors | 23 | | in this State; to make wholesale
purchases of alcoholic liquors | 24 | | directly from manufacturers, foreign
importers, distributors | 25 | | and importing distributors from within or outside
this State; | 26 | | and to store such alcoholic liquors in this State; provided
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| 1 | | that the above powers may be exercised only in connection with | 2 | | the
importation, purchase or storage of alcoholic liquors to be | 3 | | sold or
dispensed on a club, buffet, lounge or dining car | 4 | | operated on an electric,
gas or steam railway in this State; | 5 | | and provided further, that railroad
licensees exercising the | 6 | | above powers shall be subject to all provisions of
Article VIII | 7 | | of this Act as applied to importing distributors. A railroad
| 8 | | license shall also permit the licensee to sell or dispense | 9 | | alcoholic
liquors on any club, buffet, lounge or dining car | 10 | | operated on an electric,
gas or steam railway regularly | 11 | | operated by a common carrier in this State,
but shall not | 12 | | permit the sale for resale of any alcoholic liquors to any
| 13 | | licensee within this State. A license shall be obtained for | 14 | | each car in which
such sales are made. | 15 | | (g) A boat license shall allow the sale of alcoholic liquor | 16 | | in
individual drinks, on any passenger boat regularly operated | 17 | | as a common
carrier on navigable waters in this State or on any | 18 | | riverboat operated
under
the Riverboat Gambling Act, which boat | 19 | | or riverboat maintains a public
dining room or restaurant | 20 | | thereon. | 21 | | (h) A non-beverage user's license shall allow the licensee | 22 | | to
purchase alcoholic liquor from a licensed manufacturer or | 23 | | importing
distributor, without the imposition of any tax upon | 24 | | the business of such
licensed manufacturer or importing | 25 | | distributor as to such alcoholic
liquor to be used by such | 26 | | licensee solely for the non-beverage purposes
set forth in |
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| 1 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 2 | | shall be divided and classified and shall permit the
purchase, | 3 | | possession and use of limited and stated quantities of
| 4 | | alcoholic liquor as follows: | 5 | | Class 1, not to exceed ......................... 500 gallons
| 6 | | Class 2, not to exceed ....................... 1,000 gallons
| 7 | | Class 3, not to exceed ....................... 5,000 gallons
| 8 | | Class 4, not to exceed ...................... 10,000 gallons
| 9 | | Class 5, not to exceed ....................... 50,000 gallons | 10 | | (i) A wine-maker's premises license shall allow a
licensee | 11 | | that concurrently holds a first-class wine-maker's license to | 12 | | sell
and offer for sale at retail in the premises specified in | 13 | | such license
not more than 50,000 gallons of the first-class | 14 | | wine-maker's wine that is
made at the first-class wine-maker's | 15 | | licensed premises per year for use or
consumption, but not for | 16 | | resale in any form. A wine-maker's premises
license shall allow | 17 | | a licensee who concurrently holds a second-class
wine-maker's | 18 | | license to sell and offer for sale at retail in the premises
| 19 | | specified in such license up to 100,000 gallons of the
| 20 | | second-class wine-maker's wine that is made at the second-class | 21 | | wine-maker's
licensed premises per year
for use or consumption | 22 | | but not for resale in any form. A wine-maker's premises license | 23 | | shall allow a
licensee that concurrently holds a first-class | 24 | | wine-maker's license or a second-class
wine-maker's license to | 25 | | sell
and offer for sale at retail at the premises specified in | 26 | | the wine-maker's premises license, for use or consumption but |
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| 1 | | not for resale in any form, any beer, wine, and spirits | 2 | | purchased from a licensed distributor. Upon approval from the
| 3 | | State Commission, a wine-maker's premises license
shall allow | 4 | | the licensee to sell and offer for sale at (i) the wine-maker's
| 5 | | licensed premises and (ii) at up to 2 additional locations for | 6 | | use and
consumption and not for resale. Each location shall | 7 | | require additional
licensing per location as specified in | 8 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
| 9 | | secure liquor liability insurance coverage in an amount at
| 10 | | least equal to the maximum liability amounts set forth in
| 11 | | subsection (a) of Section 6-21 of this Act.
| 12 | | (j) An airplane license shall permit the licensee to import
| 13 | | alcoholic liquors into this State from any point in the United | 14 | | States
outside this State and to store such alcoholic liquors | 15 | | in this State; to
make wholesale purchases of alcoholic liquors | 16 | | directly from
manufacturers, foreign importers, distributors | 17 | | and importing
distributors from within or outside this State; | 18 | | and to store such
alcoholic liquors in this State; provided | 19 | | that the above powers may be
exercised only in connection with | 20 | | the importation, purchase or storage
of alcoholic liquors to be | 21 | | sold or dispensed on an airplane; and
provided further, that | 22 | | airplane licensees exercising the above powers
shall be subject | 23 | | to all provisions of Article VIII of this Act as
applied to | 24 | | importing distributors. An airplane licensee shall also
permit | 25 | | the sale or dispensing of alcoholic liquors on any passenger
| 26 | | airplane regularly operated by a common carrier in this State, |
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| 1 | | but shall
not permit the sale for resale of any alcoholic | 2 | | liquors to any licensee
within this State. A single airplane | 3 | | license shall be required of an
airline company if liquor | 4 | | service is provided on board aircraft in this
State. The annual | 5 | | fee for such license shall be as determined in
Section 5-3. | 6 | | (k) A foreign importer's license shall permit such licensee | 7 | | to purchase
alcoholic liquor from Illinois licensed | 8 | | non-resident dealers only, and to
import alcoholic liquor other | 9 | | than in bulk from any point outside the
United States and to | 10 | | sell such alcoholic liquor to Illinois licensed
importing | 11 | | distributors and to no one else in Illinois;
provided that (i) | 12 | | the foreign importer registers with the State Commission
every
| 13 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 14 | | licensees during the
license period, (ii) the foreign importer | 15 | | complies with all of the provisions
of Section
6-9 of this Act | 16 | | with respect to registration of such Illinois licensees as may
| 17 | | be granted the
right to sell such brands at wholesale, and | 18 | | (iii) the foreign importer complies with the provisions of | 19 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 20 | | provisions apply to manufacturers. | 21 | | (l) (i) A broker's license shall be required of all persons
| 22 | | who solicit
orders for, offer to sell or offer to supply | 23 | | alcoholic liquor to
retailers in the State of Illinois, or who | 24 | | offer to retailers to ship or
cause to be shipped or to make | 25 | | contact with distillers, rectifiers,
brewers or manufacturers | 26 | | or any other party within or without the State
of Illinois in |
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| 1 | | order that alcoholic liquors be shipped to a distributor,
| 2 | | importing distributor or foreign importer, whether such | 3 | | solicitation or
offer is consummated within or without the | 4 | | State of Illinois. | 5 | | No holder of a retailer's license issued by the Illinois | 6 | | Liquor
Control Commission shall purchase or receive any | 7 | | alcoholic liquor, the
order for which was solicited or offered | 8 | | for sale to such retailer by a
broker unless the broker is the | 9 | | holder of a valid broker's license. | 10 | | The broker shall, upon the acceptance by a retailer of the | 11 | | broker's
solicitation of an order or offer to sell or supply or | 12 | | deliver or have
delivered alcoholic liquors, promptly forward | 13 | | to the Illinois Liquor
Control Commission a notification of | 14 | | said transaction in such form as
the Commission may by | 15 | | regulations prescribe. | 16 | | (ii) A broker's license shall be required of
a person | 17 | | within this State, other than a retail licensee,
who, for a fee | 18 | | or commission, promotes, solicits, or accepts orders for
| 19 | | alcoholic liquor, for use or consumption and not for
resale, to | 20 | | be shipped from this State and delivered to residents outside | 21 | | of
this State by an express company, common carrier, or | 22 | | contract carrier.
This Section does not apply to any person who | 23 | | promotes, solicits, or accepts
orders for wine as specifically | 24 | | authorized in Section 6-29 of this Act. | 25 | | A broker's license under this subsection (l)
shall not | 26 | | entitle the holder to
buy or sell any
alcoholic liquors for his |
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| 1 | | own account or to take or deliver title to
such alcoholic | 2 | | liquors. | 3 | | This subsection (l)
shall not apply to distributors, | 4 | | employees of
distributors, or employees of a manufacturer who | 5 | | has registered the
trademark, brand or name of the alcoholic | 6 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 7 | | sells such alcoholic liquor
in the State of Illinois only to | 8 | | its registrants thereunder. | 9 | | Any agent, representative, or person subject to | 10 | | registration pursuant to
subsection (a-1) of this Section shall | 11 | | not be eligible to receive a broker's
license. | 12 | | (m) A non-resident dealer's license shall permit such | 13 | | licensee to ship
into and warehouse alcoholic liquor into this | 14 | | State from any point
outside of this State, and to sell such | 15 | | alcoholic liquor to Illinois licensed
foreign importers and | 16 | | importing distributors and to no one else in this State;
| 17 | | provided that (i) said non-resident dealer shall register with | 18 | | the Illinois Liquor
Control Commission each and every brand of | 19 | | alcoholic liquor which it proposes
to sell to Illinois | 20 | | licensees during the license period, (ii) it shall comply with | 21 | | all of the provisions of Section 6-9 hereof with
respect to | 22 | | registration of such Illinois licensees as may be granted the | 23 | | right
to sell such brands at wholesale, and (iii) the | 24 | | non-resident dealer shall comply with the provisions of | 25 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 26 | | provisions apply to manufacturers. |
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| 1 | | (n) A brew pub license shall allow the licensee to only (i) | 2 | | manufacture up to 155,000 gallons of beer per year only
on the | 3 | | premises specified in the license, (ii) make sales of the
beer | 4 | | manufactured on the premises or, with the approval of the | 5 | | Commission, beer manufactured on another brew pub licensed | 6 | | premises that is wholly owned and operated by the same licensee | 7 | | to importing distributors, distributors,
and to non-licensees | 8 | | for use and consumption, (iii) store the beer upon
the | 9 | | premises, (iv) sell and offer for sale at retail from the | 10 | | licensed
premises for off-premises
consumption no more than | 11 | | 155,000 gallons per year so long as such sales are only made | 12 | | in-person, (v) sell and offer for sale at retail for use and | 13 | | consumption on the premises specified in the license any form | 14 | | of alcoholic liquor purchased from a licensed distributor or | 15 | | importing distributor, and (vi) with the prior approval of the | 16 | | Commission, annually transfer no more than 155,000 gallons of | 17 | | beer manufactured on the premises to a licensed brew pub wholly | 18 | | owned and operated by the same licensee. | 19 | | A brew pub licensee shall not under any circumstance sell | 20 | | or offer for sale beer manufactured by the brew pub licensee to | 21 | | retail licensees. | 22 | | A person who holds a class 2 brewer license may | 23 | | simultaneously hold a brew pub license if the class 2 brewer | 24 | | (i) does not, under any circumstance, sell or offer for sale | 25 | | beer 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 | 2 | | gallons of beer per year, including the beer manufactured at | 3 | | the brew pub; and (iv) is not a member of or affiliated with, | 4 | | directly or indirectly, a manufacturer that produces more than | 5 | | 3,720,000 gallons of beer per year or any other alcoholic | 6 | | liquor. | 7 | | Notwithstanding any other provision of this Act, a licensed | 8 | | brewer, class 2 brewer, or non-resident dealer who before July | 9 | | 1, 2015 manufactured less than than 3,720,000 gallons of beer | 10 | | per year and held a brew pub license on or before July 1, 2015 | 11 | | may (i) continue to qualify for and hold that brew pub license | 12 | | for the licensed premises and (ii) manufacture more than | 13 | | 3,720,000 gallons of beer per year and continue to qualify for | 14 | | and hold that brew pub license if that brewer, class 2 brewer, | 15 | | or non-resident dealer does not simultaneously hold a class 1 | 16 | | brewer license and is not a member of or affiliated with, | 17 | | directly or indirectly, a manufacturer that produces more than | 18 | | 3,720,000 gallons of beer per year or that produces any other | 19 | | alcoholic liquor. | 20 | | (o) A caterer retailer license shall allow the holder
to | 21 | | serve alcoholic liquors as an incidental part of a food service | 22 | | that serves
prepared meals which excludes the serving of snacks | 23 | | as
the primary meal, either on or off-site whether licensed or | 24 | | unlicensed. | 25 | | (p) An auction liquor license shall allow the licensee to | 26 | | sell and offer
for sale at auction wine and spirits for use or |
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| 1 | | consumption, or for resale by
an Illinois liquor licensee in | 2 | | accordance with provisions of this Act. An
auction liquor | 3 | | license will be issued to a person and it will permit the
| 4 | | auction liquor licensee to hold the auction anywhere in the | 5 | | State. An auction
liquor license must be obtained for each | 6 | | auction at least 14 days in advance of
the auction date. | 7 | | (q) A special use permit license shall allow an Illinois | 8 | | licensed
retailer to transfer a portion of its alcoholic liquor | 9 | | inventory from its
retail licensed premises to the premises | 10 | | specified in the license hereby
created, and to sell or offer | 11 | | for sale at retail, only in the premises
specified in the | 12 | | license hereby created, the transferred alcoholic liquor for
| 13 | | use or consumption, but not for resale in any form. A special | 14 | | use permit
license may be granted for the following time | 15 | | periods: one day or less; 2 or
more days to a maximum of 15 days | 16 | | per location in any 12 month period. An
applicant for the | 17 | | special use permit license must also submit with the
| 18 | | application proof satisfactory to the State Commission that the | 19 | | applicant will
provide dram shop liability insurance to the | 20 | | maximum limits and have local
authority approval. | 21 | | (r) A winery shipper's license shall allow a person
with a | 22 | | first-class or second-class wine manufacturer's
license, a | 23 | | first-class or second-class wine-maker's license,
or a limited | 24 | | wine manufacturer's license or who is licensed to
make wine | 25 | | under the laws of another state to ship wine
made by that | 26 | | licensee directly to a resident of this
State who is 21 years |
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| 1 | | of age or older for that resident's
personal use and not for | 2 | | resale. Prior to receiving a
winery shipper's license, an | 3 | | applicant for the license must
provide the Commission with a | 4 | | true copy of its current
license in any state in which it is | 5 | | licensed as a manufacturer
of wine. An applicant for a winery | 6 | | shipper's license must
also complete an application form that | 7 | | provides any other
information the Commission deems necessary. | 8 | | The
application form shall include an acknowledgement | 9 | | consenting
to the jurisdiction of the Commission, the Illinois
| 10 | | Department of Revenue, and the courts of this State concerning
| 11 | | the enforcement of this Act and any related laws, rules, and
| 12 | | regulations, including authorizing the Department of Revenue
| 13 | | and the Commission to conduct audits for the purpose of
| 14 | | ensuring compliance with Public Act 95-634 this amendatory Act . | 15 | | A winery shipper licensee must pay to the Department
of | 16 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 17 | | all wine that is sold by the licensee and shipped to a person
| 18 | | in this State. For the purposes of Section 8-1, a winery
| 19 | | shipper licensee shall be taxed in the same manner as a
| 20 | | manufacturer of wine. A licensee who is not otherwise required | 21 | | to register under the Retailers' Occupation Tax Act must
| 22 | | register under the Use Tax Act to collect and remit use tax to
| 23 | | the Department of Revenue for all gallons of wine that are sold
| 24 | | by the licensee and shipped to persons in this State. If a
| 25 | | licensee fails to remit the tax imposed under this Act in
| 26 | | accordance with the provisions of Article VIII of this Act, the
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| 1 | | winery shipper's license shall be revoked in accordance
with | 2 | | the provisions of Article VII of this Act. If a licensee
fails | 3 | | to properly register and remit tax under the Use Tax Act
or the | 4 | | Retailers' Occupation Tax Act for all wine that is sold
by the | 5 | | winery shipper and shipped to persons in this
State, the winery | 6 | | shipper's license shall be revoked in
accordance with the | 7 | | provisions of Article VII of this Act. | 8 | | A winery shipper licensee must collect, maintain, and
| 9 | | submit to the Commission on a semi-annual basis the
total | 10 | | number of cases per resident of wine shipped to residents
of | 11 | | this State.
A winery shipper licensed under this subsection (r)
| 12 | | must comply with the requirements of Section 6-29 of this | 13 | | amendatory Act. | 14 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 15 | | Section 3-12, the State Commission may receive, respond to, and | 16 | | investigate any complaint and impose any of the remedies | 17 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 18 | | (s) A craft distiller tasting permit license shall allow an | 19 | | Illinois licensed craft distiller to transfer a portion of its | 20 | | alcoholic liquor inventory from its retail licensed premises to | 21 | | the premises specified in the license hereby created and to | 22 | | conduct a sampling, only in the premises specified in the | 23 | | license hereby created, of the transferred alcoholic liquor in | 24 | | accordance with subsection (c) of Section 6-31 of this Act. The | 25 | | transferred alcoholic liquor may not be sold or resold in any | 26 | | form. An applicant for the craft distiller tasting permit |
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| 1 | | license must also submit with the application proof | 2 | | satisfactory to the State Commission that the applicant will | 3 | | provide dram shop liability insurance to the maximum limits and | 4 | | have local authority approval. | 5 | | (Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13; | 6 | | 98-756, 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 | 9 | | herein, at the time
application is made to the State Commission | 10 | | for a license of any class, the
applicant shall pay to the | 11 | | State Commission the fee hereinafter provided for
the kind of | 12 | | license applied for. | 13 | | The fee for licenses issued by the State Commission shall | 14 | | be 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 | |
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| 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, | | |
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| 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
| 22 | | Dram Shop Fund. On and after July 1, 2003, of the funds | 23 | | received for a
retailer's license, in
addition to the
first | 24 | | $175, an additional $75 shall be paid into the Dram Shop Fund, | 25 | | and $250
shall be
paid into the General Revenue Fund. Beginning | 26 | | June 30, 1990 and on June 30
of each
subsequent year through |
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| 1 | | June 29, 2003, any balance over $5,000,000
remaining in the | 2 | | Dram Shop Fund
shall be credited to State liquor licensees and | 3 | | applied against their fees for
State liquor licenses for the | 4 | | following year. The amount credited to each
licensee shall be a | 5 | | proportion of the balance in the Dram Fund that is the
same as | 6 | | the proportion of the license fee paid by the licensee under
| 7 | | this Section for the period in which the balance was | 8 | | accumulated to the
aggregate fees paid by all licensees during | 9 | | that period. | 10 | | No fee shall be paid for licenses issued by the State | 11 | | Commission 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 | 23 | | as a
distiller, or a wine manufacturer, or any subsidiary or | 24 | | affiliate
thereof, or any officer, associate, member, partner, | 25 | | representative,
employee, agent or shareholder owning more |
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| 1 | | than 5% of the outstanding
shares of such person shall be | 2 | | issued an importing distributor's or
distributor's license, | 3 | | nor shall any person licensed by any licensing
authority as an | 4 | | importing distributor, distributor or retailer, or any
| 5 | | subsidiary or affiliate thereof, or any officer or associate, | 6 | | member,
partner, representative, employee, agent or | 7 | | shareholder owning more than
5% of the outstanding shares of | 8 | | such person be issued a distiller's
license or a wine | 9 | | manufacturer's license; and no person or persons
licensed as a | 10 | | distiller by any licensing authority shall have any
interest, | 11 | | directly or indirectly, with such distributor or importing
| 12 | | distributor.
| 13 | | However, an importing distributor or distributor, which on | 14 | | January
1, 1985 is owned by a brewer, or any subsidiary or | 15 | | affiliate thereof or any
officer, associate, member, partner, | 16 | | representative, employee, agent or
shareholder owning more | 17 | | than 5% of the outstanding shares of the importing
distributor | 18 | | or distributor referred to in this paragraph, may own or
| 19 | | acquire an ownership interest of more than 5% of the | 20 | | outstanding shares of
a wine manufacturer and be issued a wine
| 21 | | manufacturer's license by any licensing authority.
| 22 | | (b) The foregoing provisions shall not apply to any person | 23 | | licensed
by any licensing authority as a distiller or wine | 24 | | manufacturer, or to
any subsidiary or affiliate of any | 25 | | distiller or wine manufacturer who
shall have been heretofore | 26 | | licensed by the State Commission as either an
importing |
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| 1 | | distributor or distributor during the annual licensing period
| 2 | | expiring June 30, 1947, and shall actually have made sales | 3 | | regularly to
retailers.
| 4 | | (c) Provided, however, that in such instances where a | 5 | | distributor's
or importing distributor's license has been | 6 | | issued to any distiller or
wine manufacturer or to any | 7 | | subsidiary or affiliate of any distiller or
wine manufacturer | 8 | | who has, during the licensing period ending June 30,
1947, sold | 9 | | or distributed as such licensed distributor or importing
| 10 | | distributor alcoholic liquors and wines to retailers, such | 11 | | distiller or
wine manufacturer or any subsidiary or affiliate | 12 | | of any distiller or
wine manufacturer holding such | 13 | | distributor's or importing distributor's
license may continue | 14 | | to sell or distribute to retailers such alcoholic
liquors and | 15 | | wines which are manufactured, distilled, processed or
marketed | 16 | | by distillers and wine manufacturers whose products it sold or
| 17 | | distributed to retailers during the whole or any part of its | 18 | | licensing
periods; and such additional brands and additional | 19 | | products may be added
to the line of such distributor or | 20 | | importing distributor, provided, that
such brands and such | 21 | | products were not sold or distributed by any
distributor or | 22 | | importing distributor licensed by the State Commission
during | 23 | | the licensing period ending June 30, 1947, but can not sell or
| 24 | | distribute to retailers any other alcoholic liquors or wines.
| 25 | | (d) It shall be unlawful for any distiller licensed | 26 | | anywhere to have
any stock ownership or interest in any |
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| 1 | | distributor's or importing
distributor's license wherein any | 2 | | other person has an interest therein
who is not a distiller and | 3 | | does not own more than 5% of any stock in any
distillery. | 4 | | Nothing herein contained shall apply to such distillers or
| 5 | | their subsidiaries or affiliates, who had a distributor's or | 6 | | importing
distributor's license during the licensing period | 7 | | ending June 30, 1947,
which license was owned in whole by such | 8 | | distiller, or subsidiaries or
affiliates of such distiller.
| 9 | | (e) Any person licensed as a brewer, class 1 brewer, or | 10 | | class 2 brewer shall be
permitted to sell on the licensed | 11 | | premises to non-licensees for on or off-premises consumption | 12 | | for the premises in which he
or she actually conducts such | 13 | | business beer manufactured by the brewer, class 1 brewer, or | 14 | | class 2 brewer. Such sales shall be limited to on-premises, | 15 | | in-person sales only, for lawful consumption on or off | 16 | | premises. Such authorization shall be considered a privilege | 17 | | granted by the brewer license and, other than a manufacturer of | 18 | | beer
as stated above, no manufacturer or distributor or | 19 | | importing
distributor, excluding airplane licensees exercising | 20 | | powers provided in
paragraph (i) of Section 5-1 of this Act, or | 21 | | any subsidiary or affiliate
thereof, or any officer,
associate, | 22 | | member, partner, representative, employee or agent, or
| 23 | | shareholder shall be issued a retailer's license, nor shall any | 24 | | person
having a retailer's license, excluding airplane | 25 | | licensees exercising powers
provided in paragraph (i) of | 26 | | Section 5-1 of this
Act, or any subsidiary or affiliate |
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| 1 | | thereof, or
any officer, associate, member, partner, | 2 | | representative or agent, or
shareholder be issued a | 3 | | manufacturer's license or importing distributor's
license.
| 4 | | A person who holds a class 1 or class 2 brewer license and | 5 | | is authorized by this Section to sell beer to non-licensees | 6 | | shall not sell beer to non-licensees from more than 3 total | 7 | | brewer or commonly owned brew pub licensed locations in this | 8 | | State. The class 1 or class 2 brewer shall designate to the | 9 | | State Commission the brewer or brew pub locations from which it | 10 | | will sell beer to non-licensees. | 11 | | A person licensed as a craft distiller not affiliated with | 12 | | any other person manufacturing spirits may be authorized by the | 13 | | Commission to sell up to 2,500 gallons of spirits produced by | 14 | | the person to non-licensees for on or off-premises consumption | 15 | | for the premises in which he or she actually conducts business | 16 | | permitting only the retail sale of spirits manufactured at such | 17 | | premises. Such sales shall be limited to on-premises, in-person | 18 | | sales only, for lawful consumption on or off premises, and such | 19 | | authorization shall be considered a privilege granted by the | 20 | | craft distiller license. A craft distiller licensed for retail | 21 | | sale shall secure liquor liability insurance coverage in an | 22 | | amount at least equal to the maximum liability amounts set | 23 | | forth in subsection (a) of Section 6-21 of this Act. | 24 | | (f) (Blank).
| 25 | | (g) Notwithstanding any of the foregoing prohibitions, a | 26 | | limited wine
manufacturer may sell at retail at its |
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| 1 | | manufacturing site for on or off
premises consumption and may | 2 | | sell to distributors. A limited wine manufacturer licensee
| 3 | | shall secure liquor liability insurance coverage in an amount
| 4 | | at least equal to the maximum liability amounts set forth in
| 5 | | subsection (a) of Section 6-21 of this Act.
| 6 | | (h) The changes made to this Section by Public Act 99-47 | 7 | | this amendatory Act of the 99th General Assembly shall not | 8 | | diminish or impair the rights of any person, whether a | 9 | | distiller, wine manufacturer, agent, or affiliate thereof, who | 10 | | requested in writing and submitted documentation to the State | 11 | | Commission on or before February 18, 2015 to be approved for a | 12 | | retail license pursuant to what has heretofore been subsection | 13 | | (f); provided that, on or before that date, the State | 14 | | Commission considered the intent of that person to apply for | 15 | | the retail license under that subsection and, by recorded vote, | 16 | | the State Commission approved a resolution indicating that such | 17 | | a license application could be lawfully approved upon that | 18 | | person duly filing a formal application for a retail license | 19 | | and if that person, within 90 days of the State Commission | 20 | | appearance and recorded vote, first filed an application with | 21 | | the appropriate local commission, which application was | 22 | | subsequently approved by the appropriate local commission | 23 | | prior to consideration by the State Commission of that person's | 24 | | application for a retail license. It is further provided that | 25 | | the State Commission may approve the person's application for a | 26 | | retail license or renewals of such license if such person |
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| 1 | | continues to diligently adhere to all representations made in | 2 | | writing to the State Commission on or before February 18, 2015, | 3 | | or thereafter, or in the affidavit filed by that person with | 4 | | the State Commission to support the issuance of a retail | 5 | | license and to abide by all applicable laws and duly adopted | 6 | | rules. | 7 | | (Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15; | 8 | | revised 10-30-15.)
| 9 | | (235 ILCS 5/6-31)
| 10 | | Sec. 6-31. Product sampling.
| 11 | | (a) Retailer, distributor, importing distributor, | 12 | | manufacturer and
nonresident dealer licensees may conduct | 13 | | product sampling for consumption at a
licensed retail location. | 14 | | Up to 3 samples, consisting of no more than (i) 1/4
ounce of | 15 | | distilled spirits, (ii) one ounce of wine, or (iii) 2 ounces of | 16 | | beer
may be served to a consumer in one day.
| 17 | | (b) Notwithstanding the provisions of subsection (a), an | 18 | | on-premises retail
licensee may offer for sale and serve more | 19 | | than one drink per person for
sampling purposes.
In any event, | 20 | | all
provisions of Section 6-28
shall apply to an on-premises
| 21 | | retail licensee that conducts product sampling.
| 22 | | (c) A craft distiller tasting permit licensee may conduct | 23 | | product sampling of distilled spirits for consumption at the | 24 | | location specified in the craft distiller tasting permit | 25 | | license. Up to 3 samples, consisting of no more than 1/4 ounce |
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| 1 | | of 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 | 4 | | becoming law.
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