Full Text of SB3019 100th General Assembly
SB3019enr 100TH 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, 6-4, 6-6, 6-8, and 8-1 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), is a holder of a first-class wine-maker's license | 17 | | and annually produces more than 25,000 gallons of its own wine | 18 | | and who distributes its wine to licensed retailers shall cease | 19 | | this practice on or before July 1, 2008 in compliance with | 20 | | Public Act 95-634. | 21 | | Class 7. A second-class wine-maker's license shall allow | 22 | | the manufacture
of between 50,000 and 150,000 gallons of wine | 23 | | per year, and
the
storage and sale of such wine
to distributors | 24 | | in this State and to persons without the State, as may be
| 25 | | permitted by law. A person who, prior to June 1, 2008 (the | 26 | | effective date of Public Act 95-634), is a holder of a |
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| 1 | | second-class wine-maker's license and annually produces more | 2 | | than 25,000 gallons of its own wine and who distributes its | 3 | | wine to licensed retailers shall cease this practice on or | 4 | | before July 1, 2008 in compliance with Public Act 95-634. | 5 | | Class 8. A limited wine-manufacturer may make sales and | 6 | | deliveries not to
exceed 40,000 gallons of wine per year to | 7 | | distributors, and to
non-licensees in accordance with the | 8 | | provisions of this Act. | 9 | | Class 9. A craft distiller license shall allow the | 10 | | manufacture of up to 100,000 gallons of spirits by distillation | 11 | | per year and the storage of such spirits. If a craft distiller | 12 | | licensee, including a craft distiller licensee who holds more | 13 | | than one craft distiller license, is not affiliated with any | 14 | | other manufacturer of spirits, then the craft distiller | 15 | | licensee may sell such spirits to distributors in this State | 16 | | and up to 2,500 gallons of such spirits to non-licensees to the | 17 | | extent permitted by any exemption approved by the Commission | 18 | | pursuant to Section 6-4 of this Act. A craft distiller license | 19 | | holder may store such spirits at a non-contiguous licensed | 20 | | location, but at no time shall a craft distiller license holder | 21 | | directly or indirectly produce in the aggregate more than | 22 | | 100,000 gallons of spirits per year. | 23 | | A craft distiller licensee may hold more than one craft | 24 | | distiller's license. However, a craft distiller that holds more | 25 | | than one craft distiller license shall not manufacture, in the | 26 | | aggregate, more than 100,000 gallons of spirits by distillation |
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| 1 | | per year and shall not sell, in the aggregate, more than 2,500 | 2 | | gallons of such spirits to non-licensees in accordance with an | 3 | | exemption approved by the State Commission pursuant to Section | 4 | | 6-4 of this Act. | 5 | | Any craft distiller licensed under this Act who on July 28, | 6 | | 2010 (the effective date of Public Act 96-1367) was licensed as | 7 | | a distiller and manufactured no more spirits than permitted by | 8 | | this Section shall not be required to pay the initial licensing | 9 | | fee. | 10 | | Class 10. A class 1 brewer license, which may only be | 11 | | issued to a licensed brewer or licensed non-resident dealer, | 12 | | shall allow the manufacture of up to 930,000 gallons of beer | 13 | | per year provided that the class 1 brewer licensee does not | 14 | | manufacture more than a combined 930,000 gallons of beer per | 15 | | year and is not a member of or affiliated with, directly or | 16 | | indirectly, a manufacturer that produces more than 930,000 | 17 | | gallons of beer per year or any other alcoholic liquor. A class | 18 | | 1 brewer licensee may make sales and deliveries to importing | 19 | | distributors and distributors and to retail licensees in | 20 | | accordance with the conditions set forth in paragraph (18) of | 21 | | subsection (a) of Section 3-12 of this Act. | 22 | | Class 11. A class 2 brewer license, which may only be | 23 | | issued to a licensed brewer or licensed non-resident dealer, | 24 | | shall allow the manufacture of up to 3,720,000 gallons of beer | 25 | | per year provided that the class 2 brewer licensee does not | 26 | | manufacture more than a combined 3,720,000 gallons of beer per |
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| 1 | | year and is not a member of or affiliated with, directly or | 2 | | indirectly, a manufacturer that produces more than 3,720,000 | 3 | | gallons of beer per year or any other alcoholic liquor. A class | 4 | | 2 brewer licensee may make sales and deliveries to importing | 5 | | distributors and distributors, but shall not make sales or | 6 | | deliveries to any other licensee. If the State Commission | 7 | | provides prior approval, a class 2 brewer licensee may annually | 8 | | transfer up to 3,720,000 gallons of beer manufactured by that | 9 | | class 2 brewer licensee to the premises of a licensed class 2 | 10 | | brewer wholly owned and operated by the same licensee. | 11 | | (a-1) A manufacturer which is licensed in this State to | 12 | | make sales or
deliveries of alcoholic liquor to licensed | 13 | | distributors or importing distributors and which enlists | 14 | | agents, representatives, or
individuals acting on its behalf | 15 | | who contact licensed retailers on a regular
and continual basis | 16 | | in this State must register those agents, representatives,
or | 17 | | persons acting on its behalf with the State Commission. | 18 | | Registration of agents, representatives, or persons acting | 19 | | on behalf of a
manufacturer is fulfilled by submitting a form | 20 | | to the Commission. The form
shall be developed by the | 21 | | Commission and shall include the name and address of
the | 22 | | applicant, the name and address of the manufacturer he or she | 23 | | represents,
the territory or areas assigned to sell to or | 24 | | discuss pricing terms of
alcoholic liquor, and any other | 25 | | questions deemed appropriate and necessary.
All statements in | 26 | | the forms required to be made by law or by rule shall be
deemed |
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| 1 | | material, and any person who knowingly misstates any material | 2 | | fact under
oath in an application is guilty of a Class B | 3 | | misdemeanor. Fraud,
misrepresentation, false statements, | 4 | | misleading statements, evasions, or
suppression of material | 5 | | facts in the securing of a registration are grounds for
| 6 | | suspension or revocation of the registration. The State | 7 | | Commission shall post a list of registered agents on the | 8 | | Commission's website. | 9 | | (b) A distributor's license shall allow the wholesale | 10 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 11 | | liquors to licensees
in this State and to persons without the | 12 | | State, as may be permitted by law. No person licensed as a | 13 | | distributor shall be granted a non-resident dealer's license. | 14 | | (c) An importing distributor's license may be issued to and | 15 | | held by
those only who are duly licensed distributors, upon the | 16 | | filing of an
application by a duly licensed distributor, with | 17 | | the Commission and
the Commission shall, without the
payment of | 18 | | any fee, immediately issue such importing distributor's
| 19 | | license to the applicant, which shall allow the importation of | 20 | | alcoholic
liquor by the licensee into this State from any point | 21 | | in the United
States outside this State, and the purchase of | 22 | | alcoholic liquor in
barrels, casks or other bulk containers and | 23 | | the bottling of such
alcoholic liquors before resale thereof, | 24 | | but all bottles or containers
so filled shall be sealed, | 25 | | labeled, stamped and otherwise made to comply
with all | 26 | | provisions, rules and regulations governing manufacturers in
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| 1 | | the preparation and bottling of alcoholic liquors. The | 2 | | importing
distributor's license shall permit such licensee to | 3 | | purchase alcoholic
liquor from Illinois licensed non-resident | 4 | | dealers and foreign importers only. No person licensed as an | 5 | | importing distributor shall be granted a non-resident dealer's | 6 | | license. | 7 | | (d) A retailer's license shall allow the licensee to sell | 8 | | and offer
for sale at retail, only in the premises specified in | 9 | | the license,
alcoholic liquor for use or consumption, but not | 10 | | for resale in any form. Nothing in Public Act 95-634 shall | 11 | | deny, limit, remove, or restrict the ability of a holder of a | 12 | | retailer's license to transfer, deliver, or ship alcoholic | 13 | | liquor to the purchaser for use or consumption subject to any | 14 | | applicable local law or ordinance. Any retail license issued to | 15 | | a manufacturer shall only
permit the manufacturer to sell beer | 16 | | at retail on the premises actually
occupied by the | 17 | | manufacturer. For the purpose of further describing the type of | 18 | | business conducted at a retail licensed premises, a retailer's | 19 | | licensee may be designated by the State Commission as (i) an on | 20 | | premise consumption retailer, (ii) an off premise sale | 21 | | retailer, or (iii) a combined on premise consumption and off | 22 | | premise sale retailer.
| 23 | | Notwithstanding any other provision of this subsection | 24 | | (d), a retail
licensee may sell alcoholic liquors to a special | 25 | | event retailer licensee for
resale to the extent permitted | 26 | | under subsection (e). |
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| 1 | | (e) A special event retailer's license (not-for-profit) | 2 | | shall permit the
licensee to purchase alcoholic liquors from an | 3 | | Illinois licensed distributor
(unless the licensee purchases | 4 | | less than $500 of alcoholic liquors for the
special event, in | 5 | | which case the licensee may purchase the alcoholic liquors
from | 6 | | a licensed retailer) and shall allow the licensee to sell and | 7 | | offer for
sale, at retail, alcoholic liquors for use or | 8 | | consumption, but not for resale
in any form and only at the | 9 | | location and on the specific dates designated for
the special | 10 | | event in the license. An applicant for a special event retailer
| 11 | | license must
(i) furnish with the application: (A) a resale | 12 | | number issued under Section
2c of the Retailers' Occupation Tax | 13 | | Act or evidence that the applicant is
registered under Section | 14 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 15 | | exemption identification
number issued under Section 1g of the | 16 | | Retailers' Occupation Tax Act, and a
certification to the | 17 | | Commission that the purchase of alcoholic liquors will be
a | 18 | | tax-exempt purchase, or (C) a statement that the applicant is | 19 | | not registered
under Section 2a of the Retailers' Occupation | 20 | | Tax Act, does not hold a resale
number under Section 2c of the | 21 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 22 | | number under Section 1g of the Retailers' Occupation Tax
Act, | 23 | | in which event the Commission shall set forth on the special | 24 | | event
retailer's license a statement to that effect; (ii) | 25 | | submit with the application proof satisfactory to
the State | 26 | | Commission that the applicant will provide dram shop liability
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| 1 | | insurance in the maximum limits; and (iii) show proof | 2 | | satisfactory to the
State Commission that the applicant has | 3 | | obtained local authority
approval. | 4 | | Nothing in this Act prohibits an Illinois licensed | 5 | | distributor from offering credit or a refund for unused, | 6 | | salable alcoholic liquors to a holder of a special event | 7 | | retailer's license or from the special event retailer's | 8 | | licensee accepting the credit or refund of alcoholic liquors at | 9 | | the conclusion of the event specified in the license. | 10 | | (f) A railroad license shall permit the licensee to import | 11 | | alcoholic
liquors into this State from any point in the United | 12 | | States outside this
State and to store such alcoholic liquors | 13 | | in this State; to make wholesale
purchases of alcoholic liquors | 14 | | directly from manufacturers, foreign
importers, distributors | 15 | | and importing distributors from within or outside
this State; | 16 | | and to store such alcoholic liquors in this State; provided
| 17 | | that the above powers may be exercised only in connection with | 18 | | the
importation, purchase or storage of alcoholic liquors to be | 19 | | sold or
dispensed on a club, buffet, lounge or dining car | 20 | | operated on an electric,
gas or steam railway in this State; | 21 | | and provided further, that railroad
licensees exercising the | 22 | | above powers shall be subject to all provisions of
Article VIII | 23 | | of this Act as applied to importing distributors. A railroad
| 24 | | license shall also permit the licensee to sell or dispense | 25 | | alcoholic
liquors on any club, buffet, lounge or dining car | 26 | | operated on an electric,
gas or steam railway regularly |
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| 1 | | operated by a common carrier in this State,
but shall not | 2 | | permit the sale for resale of any alcoholic liquors to any
| 3 | | licensee within this State. A license shall be obtained for | 4 | | each car in which
such sales are made. | 5 | | (g) A boat license shall allow the sale of alcoholic liquor | 6 | | in
individual drinks, on any passenger boat regularly operated | 7 | | as a common
carrier on navigable waters in this State or on any | 8 | | riverboat operated
under
the Riverboat Gambling Act, which boat | 9 | | or riverboat maintains a public
dining room or restaurant | 10 | | thereon. | 11 | | (h) A non-beverage user's license shall allow the licensee | 12 | | to
purchase alcoholic liquor from a licensed manufacturer or | 13 | | importing
distributor, without the imposition of any tax upon | 14 | | the business of such
licensed manufacturer or importing | 15 | | distributor as to such alcoholic
liquor to be used by such | 16 | | licensee solely for the non-beverage purposes
set forth in | 17 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 18 | | shall be divided and classified and shall permit the
purchase, | 19 | | possession and use of limited and stated quantities of
| 20 | | alcoholic liquor as follows: | 21 | | Class 1, not to exceed ......................... 500 gallons
| 22 | | Class 2, not to exceed ....................... 1,000 gallons
| 23 | | Class 3, not to exceed ....................... 5,000 gallons
| 24 | | Class 4, not to exceed ...................... 10,000 gallons
| 25 | | Class 5, not to exceed ....................... 50,000 gallons | 26 | | (i) A wine-maker's premises license shall allow a
licensee |
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| 1 | | that concurrently holds a first-class wine-maker's license to | 2 | | sell
and offer for sale at retail in the premises specified in | 3 | | such license
not more than 50,000 gallons of the first-class | 4 | | wine-maker's wine that is
made at the first-class wine-maker's | 5 | | licensed premises per year for use or
consumption, but not for | 6 | | resale in any form. A wine-maker's premises
license shall allow | 7 | | a licensee who concurrently holds a second-class
wine-maker's | 8 | | license to sell and offer for sale at retail in the premises
| 9 | | specified in such license up to 100,000 gallons of the
| 10 | | second-class wine-maker's wine that is made at the second-class | 11 | | wine-maker's
licensed premises per year
for use or consumption | 12 | | but not for resale in any form. A wine-maker's premises license | 13 | | shall allow a
licensee that concurrently holds a first-class | 14 | | wine-maker's license or a second-class
wine-maker's license to | 15 | | sell
and offer for sale at retail at the premises specified in | 16 | | the wine-maker's premises license, for use or consumption but | 17 | | not for resale in any form, any beer, wine, and spirits | 18 | | purchased from a licensed distributor. Upon approval from the
| 19 | | State Commission, a wine-maker's premises license
shall allow | 20 | | the licensee to sell and offer for sale at (i) the wine-maker's
| 21 | | licensed premises and (ii) at up to 2 additional locations for | 22 | | use and
consumption and not for resale. Each location shall | 23 | | require additional
licensing per location as specified in | 24 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
| 25 | | secure liquor liability insurance coverage in an amount at
| 26 | | least equal to the maximum liability amounts set forth in
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| 1 | | subsection (a) of Section 6-21 of this Act.
| 2 | | (j) An airplane license shall permit the licensee to import
| 3 | | alcoholic liquors into this State from any point in the United | 4 | | States
outside this State and to store such alcoholic liquors | 5 | | in this State; to
make wholesale purchases of alcoholic liquors | 6 | | directly from
manufacturers, foreign importers, distributors | 7 | | and importing
distributors from within or outside this State; | 8 | | and to store such
alcoholic liquors in this State; provided | 9 | | that the above powers may be
exercised only in connection with | 10 | | the importation, purchase or storage
of alcoholic liquors to be | 11 | | sold or dispensed on an airplane; and
provided further, that | 12 | | airplane licensees exercising the above powers
shall be subject | 13 | | to all provisions of Article VIII of this Act as
applied to | 14 | | importing distributors. An airplane licensee shall also
permit | 15 | | the sale or dispensing of alcoholic liquors on any passenger
| 16 | | airplane regularly operated by a common carrier in this State, | 17 | | but shall
not permit the sale for resale of any alcoholic | 18 | | liquors to any licensee
within this State. A single airplane | 19 | | license shall be required of an
airline company if liquor | 20 | | service is provided on board aircraft in this
State. The annual | 21 | | fee for such license shall be as determined in
Section 5-3. | 22 | | (k) A foreign importer's license shall permit such licensee | 23 | | to purchase
alcoholic liquor from Illinois licensed | 24 | | non-resident dealers only, and to
import alcoholic liquor other | 25 | | than in bulk from any point outside the
United States and to | 26 | | sell such alcoholic liquor to Illinois licensed
importing |
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| 1 | | distributors and to no one else in Illinois;
provided that (i) | 2 | | the foreign importer registers with the State Commission
every
| 3 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 4 | | licensees during the
license period, (ii) the foreign importer | 5 | | complies with all of the provisions
of Section
6-9 of this Act | 6 | | with respect to registration of such Illinois licensees as may
| 7 | | be granted the
right to sell such brands at wholesale, and | 8 | | (iii) the foreign importer complies with the provisions of | 9 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 10 | | provisions apply to manufacturers. | 11 | | (l) (i) A broker's license shall be required of all persons
| 12 | | who solicit
orders for, offer to sell or offer to supply | 13 | | alcoholic liquor to
retailers in the State of Illinois, or who | 14 | | offer to retailers to ship or
cause to be shipped or to make | 15 | | contact with distillers, rectifiers,
brewers or manufacturers | 16 | | or any other party within or without the State
of Illinois in | 17 | | order that alcoholic liquors be shipped to a distributor,
| 18 | | importing distributor or foreign importer, whether such | 19 | | solicitation or
offer is consummated within or without the | 20 | | State of Illinois. | 21 | | No holder of a retailer's license issued by the Illinois | 22 | | Liquor
Control Commission shall purchase or receive any | 23 | | alcoholic liquor, the
order for which was solicited or offered | 24 | | for sale to such retailer by a
broker unless the broker is the | 25 | | holder of a valid broker's license. | 26 | | The broker shall, upon the acceptance by a retailer of the |
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| 1 | | broker's
solicitation of an order or offer to sell or supply or | 2 | | deliver or have
delivered alcoholic liquors, promptly forward | 3 | | to the Illinois Liquor
Control Commission a notification of | 4 | | said transaction in such form as
the Commission may by | 5 | | regulations prescribe. | 6 | | (ii) A broker's license shall be required of
a person | 7 | | within this State, other than a retail licensee,
who, for a fee | 8 | | or commission, promotes, solicits, or accepts orders for
| 9 | | alcoholic liquor, for use or consumption and not for
resale, to | 10 | | be shipped from this State and delivered to residents outside | 11 | | of
this State by an express company, common carrier, or | 12 | | contract carrier.
This Section does not apply to any person who | 13 | | promotes, solicits, or accepts
orders for wine as specifically | 14 | | authorized in Section 6-29 of this Act. | 15 | | A broker's license under this subsection (l)
shall not | 16 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 17 | | own account or to take or deliver title to
such alcoholic | 18 | | liquors. | 19 | | This subsection (l)
shall not apply to distributors, | 20 | | employees of
distributors, or employees of a manufacturer who | 21 | | has registered the
trademark, brand or name of the alcoholic | 22 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 23 | | sells such alcoholic liquor
in the State of Illinois only to | 24 | | its registrants thereunder. | 25 | | Any agent, representative, or person subject to | 26 | | registration pursuant to
subsection (a-1) of this Section shall |
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| 1 | | not be eligible to receive a broker's
license. | 2 | | (m) A non-resident dealer's license shall permit such | 3 | | licensee to ship
into and warehouse alcoholic liquor into this | 4 | | State from any point
outside of this State, and to sell such | 5 | | alcoholic liquor to Illinois licensed
foreign importers and | 6 | | importing distributors and to no one else in this State;
| 7 | | provided that (i) said non-resident dealer shall register with | 8 | | the Illinois Liquor
Control Commission each and every brand of | 9 | | alcoholic liquor which it proposes
to sell to Illinois | 10 | | licensees during the license period, (ii) it shall comply with | 11 | | all of the provisions of Section 6-9 hereof with
respect to | 12 | | registration of such Illinois licensees as may be granted the | 13 | | right
to sell such brands at wholesale, and (iii) the | 14 | | non-resident dealer shall comply with the provisions of | 15 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 16 | | provisions apply to manufacturers. No person licensed as a | 17 | | non-resident dealer shall be granted a distributor's or | 18 | | importing distributor's license. | 19 | | (n) A brew pub license shall allow the licensee to only (i) | 20 | | manufacture up to 155,000 gallons of beer per year only
on the | 21 | | premises specified in the license, (ii) make sales of the
beer | 22 | | manufactured on the premises or, with the approval of the | 23 | | Commission, beer manufactured on another brew pub licensed | 24 | | premises that is wholly owned and operated by the same licensee | 25 | | to importing distributors, distributors,
and to non-licensees | 26 | | for use and consumption, (iii) store the beer upon
the |
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| 1 | | premises, (iv) sell and offer for sale at retail from the | 2 | | licensed
premises for off-premises
consumption no more than | 3 | | 155,000 gallons per year so long as such sales are only made | 4 | | in-person, (v) sell and offer for sale at retail for use and | 5 | | consumption on the premises specified in the license any form | 6 | | of alcoholic liquor purchased from a licensed distributor or | 7 | | importing distributor, and (vi) with the prior approval of the | 8 | | Commission, annually transfer no more than 155,000 gallons of | 9 | | beer manufactured on the premises to a licensed brew pub wholly | 10 | | owned and operated by the same licensee. | 11 | | A brew pub licensee shall not under any circumstance sell | 12 | | or offer for sale beer manufactured by the brew pub licensee to | 13 | | retail licensees. | 14 | | A person who holds a class 2 brewer license may | 15 | | simultaneously hold a brew pub license if the class 2 brewer | 16 | | (i) does not, under any circumstance, sell or offer for sale | 17 | | beer manufactured by the class 2 brewer to retail licensees; | 18 | | (ii) does not hold more than 3 brew pub licenses in this State; | 19 | | (iii) does not manufacture more than a combined 3,720,000 | 20 | | gallons of beer per year, including the beer manufactured at | 21 | | the brew pub; and (iv) is not a member of or affiliated with, | 22 | | directly or indirectly, a manufacturer that produces more than | 23 | | 3,720,000 gallons of beer per year or any other alcoholic | 24 | | liquor. | 25 | | Notwithstanding any other provision of this Act, a licensed | 26 | | brewer, class 2 brewer, or non-resident dealer who before July |
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| 1 | | 1, 2015 manufactured less than 3,720,000 gallons of beer per | 2 | | year and held a brew pub license on or before July 1, 2015 may | 3 | | (i) continue to qualify for and hold that brew pub license for | 4 | | the licensed premises and (ii) manufacture more than 3,720,000 | 5 | | gallons of beer per year and continue to qualify for and hold | 6 | | that brew pub license if that brewer, class 2 brewer, or | 7 | | non-resident dealer does not simultaneously hold a class 1 | 8 | | brewer license and is not a member of or affiliated with, | 9 | | directly or indirectly, a manufacturer that produces more than | 10 | | 3,720,000 gallons of beer per year or that produces any other | 11 | | alcoholic liquor. | 12 | | (o) A caterer retailer license shall allow the holder
to | 13 | | serve alcoholic liquors as an incidental part of a food service | 14 | | that serves
prepared meals which excludes the serving of snacks | 15 | | as
the primary meal, either on or off-site whether licensed or | 16 | | unlicensed. | 17 | | (p) An auction liquor license shall allow the licensee to | 18 | | sell and offer
for sale at auction wine and spirits for use or | 19 | | consumption, or for resale by
an Illinois liquor licensee in | 20 | | accordance with provisions of this Act. An
auction liquor | 21 | | license will be issued to a person and it will permit the
| 22 | | auction liquor licensee to hold the auction anywhere in the | 23 | | State. An auction
liquor license must be obtained for each | 24 | | auction at least 14 days in advance of
the auction date. | 25 | | (q) A special use permit license shall allow an Illinois | 26 | | licensed
retailer to transfer a portion of its alcoholic liquor |
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| 1 | | inventory from its
retail licensed premises to the premises | 2 | | specified in the license hereby
created, and to sell or offer | 3 | | for sale at retail, only in the premises
specified in the | 4 | | license hereby created, the transferred alcoholic liquor for
| 5 | | use or consumption, but not for resale in any form. A special | 6 | | use permit
license may be granted for the following time | 7 | | periods: one day or less; 2 or
more days to a maximum of 15 days | 8 | | per location in any 12-month period. An
applicant for the | 9 | | special use permit license must also submit with the
| 10 | | application proof satisfactory to the State Commission that the | 11 | | applicant will
provide dram shop liability insurance to the | 12 | | maximum limits and have local
authority approval. | 13 | | (r) A winery shipper's license shall allow a person
with a | 14 | | first-class or second-class wine manufacturer's
license, a | 15 | | first-class or second-class wine-maker's license,
or a limited | 16 | | wine manufacturer's license or who is licensed to
make wine | 17 | | under the laws of another state to ship wine
made by that | 18 | | licensee directly to a resident of this
State who is 21 years | 19 | | of age or older for that resident's
personal use and not for | 20 | | resale. Prior to receiving a
winery shipper's license, an | 21 | | applicant for the license must
provide the Commission with a | 22 | | true copy of its current
license in any state in which it is | 23 | | licensed as a manufacturer
of wine. An applicant for a winery | 24 | | shipper's license must
also complete an application form that | 25 | | provides any other
information the Commission deems necessary. | 26 | | The application form shall include all addresses from which the |
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| 1 | | applicant for a winery shipper's license intends to ship wine, | 2 | | including the name and address of any third party, except for a | 3 | | common carrier, authorized to ship wine on behalf of the | 4 | | manufacturer. The
application form shall include an | 5 | | acknowledgement consenting
to the jurisdiction of the | 6 | | Commission, the Illinois
Department of Revenue, and the courts | 7 | | of this State concerning
the enforcement of this Act and any | 8 | | related laws, rules, and
regulations, including authorizing | 9 | | the Department of Revenue
and the Commission to conduct audits | 10 | | for the purpose of
ensuring compliance with Public Act 95-634, | 11 | | and an acknowledgement that the wine manufacturer is in | 12 | | compliance with Section 6-2 of this Act. Any third party, | 13 | | except for a common carrier, authorized to ship wine on behalf | 14 | | of a first-class or second-class wine manufacturer's licensee, | 15 | | a first-class or second-class wine-maker's licensee, a limited | 16 | | wine manufacturer's licensee, or a person who is licensed to | 17 | | make wine under the laws of another state shall also be | 18 | | disclosed by the winery shipper's licensee, and a copy of the | 19 | | written appointment of the third-party wine provider, except | 20 | | for a common carrier, to the wine manufacturer shall be filed | 21 | | with the State Commission as a supplement to the winery | 22 | | shipper's license application or any renewal thereof. The | 23 | | winery shipper's license holder shall affirm under penalty of | 24 | | perjury, as part of the winery shipper's license application or | 25 | | renewal, that he or she only ships wine, either directly or | 26 | | indirectly through a third-party provider, from the licensee's |
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| 1 | | own production. | 2 | | Except for a common carrier, a third-party provider | 3 | | shipping wine on behalf of a winery shipper's license holder is | 4 | | the agent of the winery shipper's license holder and, as such, | 5 | | a winery shipper's license holder is responsible for the acts | 6 | | and omissions of the third-party provider acting on behalf of | 7 | | the license holder. A third-party provider, except for a common | 8 | | carrier, that engages in shipping wine into Illinois on behalf | 9 | | of a winery shipper's license holder shall consent to the | 10 | | jurisdiction of the State Commission and the State. Any | 11 | | third-party, except for a common carrier, holding such an | 12 | | appointment shall, by February 1 of each calendar year and upon | 13 | | request by the State Commission or the Department of Revenue, | 14 | | file with the State Commission a statement detailing each | 15 | | shipment made to an Illinois resident. The statement shall | 16 | | include the name and address of the third-party provider filing | 17 | | the statement, the time period covered by the statement, and | 18 | | the following information: | 19 | | (1) the name, address, and license number of the winery | 20 | | shipper on whose behalf the shipment was made; | 21 | | (2) the quantity of the products delivered; and | 22 | | (3) the date and address of the shipment. | 23 | | If the Department of Revenue or the State Commission requests a | 24 | | statement under this paragraph, the third-party provider must | 25 | | provide that statement no later than 30 days after the request | 26 | | is made. Any books, records, supporting papers, and documents |
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| 1 | | containing information and data relating to a statement under | 2 | | this paragraph shall be kept and preserved for a period of 3 | 3 | | years, unless their destruction sooner is authorized, in | 4 | | writing, by the Director of Revenue, and shall be open and | 5 | | available to inspection by the Director of Revenue or the State | 6 | | Commission or any duly authorized officer, agent, or employee | 7 | | of the State Commission or the Department of Revenue, at all | 8 | | times during business hours of the day. Any person who violates | 9 | | any provision of this paragraph or any rule of the State | 10 | | Commission for the administration and enforcement of the | 11 | | provisions of this paragraph is guilty of a Class C | 12 | | misdemeanor. In case of a continuing violation, each day's | 13 | | continuance thereof shall be a separate and distinct offense. | 14 | | The State Commission shall adopt rules as soon as | 15 | | practicable to implement the requirements of Public Act 99-904 | 16 | | and shall adopt rules prohibiting any such third-party | 17 | | appointment of a third-party provider, except for a common | 18 | | carrier, that has been deemed by the State Commission to have | 19 | | violated the provisions of this Act with regard to any winery | 20 | | shipper licensee. | 21 | | A winery shipper licensee must pay to the Department
of | 22 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 23 | | all wine that is sold by the licensee and shipped to a person
| 24 | | in this State. For the purposes of Section 8-1, a winery
| 25 | | shipper licensee shall be taxed in the same manner as a
| 26 | | manufacturer of wine. A licensee who is not otherwise required |
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| 1 | | to register under the Retailers' Occupation Tax Act must
| 2 | | register under the Use Tax Act to collect and remit use tax to
| 3 | | the Department of Revenue for all gallons of wine that are sold
| 4 | | by the licensee and shipped to persons in this State. If a
| 5 | | licensee fails to remit the tax imposed under this Act in
| 6 | | accordance with the provisions of Article VIII of this Act, the
| 7 | | winery shipper's license shall be revoked in accordance
with | 8 | | the provisions of Article VII of this Act. If a licensee
fails | 9 | | to properly register and remit tax under the Use Tax Act
or the | 10 | | Retailers' Occupation Tax Act for all wine that is sold
by the | 11 | | winery shipper and shipped to persons in this
State, the winery | 12 | | shipper's license shall be revoked in
accordance with the | 13 | | provisions of Article VII of this Act. | 14 | | A winery shipper licensee must collect, maintain, and
| 15 | | submit to the Commission on a semi-annual basis the
total | 16 | | number of cases per resident of wine shipped to residents
of | 17 | | this State.
A winery shipper licensed under this subsection (r)
| 18 | | must comply with the requirements of Section 6-29 of this Act. | 19 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 20 | | Section 3-12, the State Commission may receive, respond to, and | 21 | | investigate any complaint and impose any of the remedies | 22 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 23 | | As used in this subsection, "third-party provider" means | 24 | | any entity that provides fulfillment house services, including | 25 | | warehousing, packaging, distribution, order processing, or | 26 | | shipment of wine, but not the sale of wine, on behalf of a |
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| 1 | | licensed winery shipper. | 2 | | (s) A craft distiller tasting permit license shall allow an | 3 | | Illinois licensed craft distiller to transfer a portion of its | 4 | | alcoholic liquor inventory from its craft distiller licensed | 5 | | premises to the premises specified in the license hereby | 6 | | created and to conduct a sampling, only in the premises | 7 | | specified in the license hereby created, of the transferred | 8 | | alcoholic liquor in accordance with subsection (c) of Section | 9 | | 6-31 of this Act. The transferred alcoholic liquor may not be | 10 | | sold or resold in any form. An applicant for the craft | 11 | | distiller tasting permit license must also submit with the | 12 | | application proof satisfactory to the State Commission that the | 13 | | applicant will provide dram shop liability insurance to the | 14 | | maximum limits and have local authority approval. | 15 | | (Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16; | 16 | | 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff. | 17 | | 1-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17.)
| 18 | | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| 19 | | Sec. 6-4. (a) No person licensed by any licensing authority | 20 | | as a
distiller, or a wine manufacturer, or any subsidiary or | 21 | | affiliate
thereof, or any officer, associate, member, partner, | 22 | | representative,
employee, agent or shareholder owning more | 23 | | than 5% of the outstanding
shares of such person shall be | 24 | | issued an importing distributor's or
distributor's license, | 25 | | nor shall any person licensed by any licensing
authority as an |
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| 1 | | importing distributor, distributor or retailer, or any
| 2 | | subsidiary or affiliate thereof, or any officer or associate, | 3 | | member,
partner, representative, employee, agent or | 4 | | shareholder owning more than
5% of the outstanding shares of | 5 | | such person be issued a distiller's
license, a craft | 6 | | distiller's license, or a wine manufacturer's license; and no | 7 | | person or persons
licensed as a distiller or craft distiller by | 8 | | any licensing authority shall have any
interest, directly or | 9 | | indirectly, with such distributor or importing
distributor.
| 10 | | However, an importing distributor or distributor, which on | 11 | | January
1, 1985 is owned by a brewer, or any subsidiary or | 12 | | affiliate thereof or any
officer, associate, member, partner, | 13 | | representative, employee, agent or
shareholder owning more | 14 | | than 5% of the outstanding shares of the importing
distributor | 15 | | or distributor referred to in this paragraph, may own or
| 16 | | acquire an ownership interest of more than 5% of the | 17 | | outstanding shares of
a wine manufacturer and be issued a wine
| 18 | | manufacturer's license by any licensing authority.
| 19 | | (b) The foregoing provisions shall not apply to any person | 20 | | licensed
by any licensing authority as a distiller or wine | 21 | | manufacturer, or to
any subsidiary or affiliate of any | 22 | | distiller or wine manufacturer who
shall have been heretofore | 23 | | licensed by the State Commission as either an
importing | 24 | | distributor or distributor during the annual licensing period
| 25 | | expiring June 30, 1947, and shall actually have made sales | 26 | | regularly to
retailers.
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| 1 | | (c) Provided, however, that in such instances where a | 2 | | distributor's
or importing distributor's license has been | 3 | | issued to any distiller or
wine manufacturer or to any | 4 | | subsidiary or affiliate of any distiller or
wine manufacturer | 5 | | who has, during the licensing period ending June 30,
1947, sold | 6 | | or distributed as such licensed distributor or importing
| 7 | | distributor alcoholic liquors and wines to retailers, such | 8 | | distiller or
wine manufacturer or any subsidiary or affiliate | 9 | | of any distiller or
wine manufacturer holding such | 10 | | distributor's or importing distributor's
license may continue | 11 | | to sell or distribute to retailers such alcoholic
liquors and | 12 | | wines which are manufactured, distilled, processed or
marketed | 13 | | by distillers and wine manufacturers whose products it sold or
| 14 | | distributed to retailers during the whole or any part of its | 15 | | licensing
periods; and such additional brands and additional | 16 | | products may be added
to the line of such distributor or | 17 | | importing distributor, provided, that
such brands and such | 18 | | products were not sold or distributed by any
distributor or | 19 | | importing distributor licensed by the State Commission
during | 20 | | the licensing period ending June 30, 1947, but can not sell or
| 21 | | distribute to retailers any other alcoholic liquors or wines.
| 22 | | (d) It shall be unlawful for any distiller licensed | 23 | | anywhere to have
any stock ownership or interest in any | 24 | | distributor's or importing
distributor's license wherein any | 25 | | other person has an interest therein
who is not a distiller and | 26 | | does not own more than 5% of any stock in any
distillery. |
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| 1 | | Nothing herein contained shall apply to such distillers or
| 2 | | their subsidiaries or affiliates, who had a distributor's or | 3 | | importing
distributor's license during the licensing period | 4 | | ending June 30, 1947,
which license was owned in whole by such | 5 | | distiller, or subsidiaries or
affiliates of such distiller.
| 6 | | (e) Any person licensed as a brewer, class 1 brewer, or | 7 | | class 2 brewer shall be
permitted to sell on the licensed | 8 | | premises to non-licensees for on or off-premises consumption | 9 | | for the premises in which he
or she actually conducts such | 10 | | business beer manufactured by the brewer, class 1 brewer, or | 11 | | class 2 brewer. Such sales shall be limited to on-premises, | 12 | | in-person sales only, for lawful consumption on or off | 13 | | premises. Such authorization shall be considered a privilege | 14 | | granted by the brewer license and, other than a manufacturer of | 15 | | beer
as stated above, no manufacturer or distributor or | 16 | | importing
distributor, excluding airplane licensees exercising | 17 | | powers provided in
paragraph (i) of Section 5-1 of this Act, or | 18 | | any subsidiary or affiliate
thereof, or any officer,
associate, | 19 | | member, partner, representative, employee or agent, or
| 20 | | shareholder shall be issued a retailer's license, nor shall any | 21 | | person
having a retailer's license, excluding airplane | 22 | | licensees exercising powers
provided in paragraph (i) of | 23 | | Section 5-1 of this
Act, or any subsidiary or affiliate | 24 | | thereof, or
any officer, associate, member, partner, | 25 | | representative or agent, or
shareholder be issued a | 26 | | manufacturer's license or importing distributor's
license.
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| 1 | | A manufacturer of beer that imports or transfers beer into | 2 | | this State must comply with Sections 6-8 and 8-1 of this Act. | 3 | | A person who holds a class 1 or class 2 brewer license and | 4 | | is authorized by this Section to sell beer to non-licensees | 5 | | shall not sell beer to non-licensees from more than 3 total | 6 | | brewer or commonly owned brew pub licensed locations in this | 7 | | State. The class 1 or class 2 brewer shall designate to the | 8 | | State Commission the brewer or brew pub locations from which it | 9 | | will sell beer to non-licensees. | 10 | | A person licensed as a craft distiller, including a person | 11 | | who holds more than one craft distiller license, not affiliated | 12 | | with any other person manufacturing spirits may be authorized | 13 | | by the Commission to sell up to 2,500 gallons of spirits | 14 | | produced by the person to non-licensees for on or off-premises | 15 | | consumption for the premises in which he or she actually | 16 | | conducts business permitting only the retail sale of spirits | 17 | | manufactured at such premises. Such sales shall be limited to | 18 | | on-premises, in-person sales only, for lawful consumption on or | 19 | | off premises, and such authorization shall be considered a | 20 | | privilege granted by the craft distiller license. A craft | 21 | | distiller licensed for retail sale shall secure liquor | 22 | | liability insurance coverage in an amount at least equal to the | 23 | | maximum liability amounts set forth in subsection (a) of | 24 | | Section 6-21 of this Act. | 25 | | A craft distiller license holder shall not deliver any | 26 | | alcoholic liquor to any non-licensee off the licensed premises. |
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| 1 | | A craft distiller shall affirm in its annual craft distiller's | 2 | | license application that it does not produce more than 100,000 | 3 | | gallons of distilled spirits annually and that the craft | 4 | | distiller does not sell more than 2,500 gallons of spirits to | 5 | | non-licensees for on or off-premises consumption. In the | 6 | | application, which shall be sworn under penalty of perjury, the | 7 | | craft distiller shall state the volume of production and sales | 8 | | for each year since the craft distiller's establishment. | 9 | | (f) (Blank).
| 10 | | (g) Notwithstanding any of the foregoing prohibitions, a | 11 | | limited wine
manufacturer may sell at retail at its | 12 | | manufacturing site for on or off
premises consumption and may | 13 | | sell to distributors. A limited wine manufacturer licensee
| 14 | | shall secure liquor liability insurance coverage in an amount
| 15 | | at least equal to the maximum liability amounts set forth in
| 16 | | subsection (a) of Section 6-21 of this Act.
| 17 | | (h) The changes made to this Section by Public Act 99-47 | 18 | | shall not diminish or impair the rights of any person, whether | 19 | | a distiller, wine manufacturer, agent, or affiliate thereof, | 20 | | who requested in writing and submitted documentation to the | 21 | | State Commission on or before February 18, 2015 to be approved | 22 | | for a retail license pursuant to what has heretofore been | 23 | | subsection (f); provided that, on or before that date, the | 24 | | State Commission considered the intent of that person to apply | 25 | | for the retail license under that subsection and, by recorded | 26 | | vote, the State Commission approved a resolution indicating |
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| 1 | | that such a license application could be lawfully approved upon | 2 | | that person duly filing a formal application for a retail | 3 | | license and if that person, within 90 days of the State | 4 | | Commission appearance and recorded vote, first filed an | 5 | | application with the appropriate local commission, which | 6 | | application was subsequently approved by the appropriate local | 7 | | commission prior to consideration by the State Commission of | 8 | | that person's application for a retail license. It is further | 9 | | provided that the State Commission may approve the person's | 10 | | application for a retail license or renewals of such license if | 11 | | such person continues to diligently adhere to all | 12 | | representations made in writing to the State Commission on or | 13 | | before February 18, 2015, or thereafter, or in the affidavit | 14 | | filed by that person with the State Commission to support the | 15 | | issuance of a retail license and to abide by all applicable | 16 | | laws and duly adopted rules. | 17 | | (Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15; | 18 | | 99-642, eff. 7-28-16; 99-902, eff. 8-26-16; 100-201, eff. | 19 | | 8-18-17.)
| 20 | | (235 ILCS 5/6-6) (from Ch. 43, par. 123)
| 21 | | Sec. 6-6.
Except as otherwise provided in this Act no | 22 | | manufacturer or
distributor or importing distributor shall, | 23 | | directly or indirectly,
sell, supply, furnish, give or pay for, | 24 | | or loan or lease, any
furnishing, fixture or equipment on the | 25 | | premises of a place of business
of another licensee authorized |
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| 1 | | under this Act to sell alcoholic liquor
at retail, either for | 2 | | consumption on or off the premises, nor shall he or she,
| 3 | | directly or indirectly, pay for any such license, or advance, | 4 | | furnish,
lend or give money for payment of such license, or | 5 | | purchase or become
the owner of any note, mortgage, or other | 6 | | evidence of indebtedness of
such licensee or any form of | 7 | | security therefor, nor shall such
manufacturer, or | 8 | | distributor, or importing distributor, directly or
indirectly, | 9 | | be interested in the ownership, conduct or operation of the
| 10 | | business of any licensee authorized to sell alcoholic liquor at | 11 | | retail,
nor shall any manufacturer, or distributor, or | 12 | | importing distributor be
interested directly or indirectly or | 13 | | as owner or part owner of said
premises or as lessee or lessor | 14 | | thereof, in any premises upon which
alcoholic liquor is sold at | 15 | | retail.
| 16 | | No manufacturer or distributor or importing distributor | 17 | | shall,
directly or indirectly or through a subsidiary or | 18 | | affiliate, or by any
officer, director or firm of such | 19 | | manufacturer, distributor or importing
distributor, furnish, | 20 | | give, lend or rent, install, repair or maintain,
to or for any | 21 | | retail licensee in this State, any
signs or inside advertising | 22 | | materials except as provided in this Section and
Section 6-5. | 23 | | With respect to
retail licensees, other than any government | 24 | | owned or operated auditorium,
exhibition hall, recreation | 25 | | facility or other similar facility holding a
retailer's license | 26 | | as described in Section 6-5, a manufacturer,
distributor, or |
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| 1 | | importing distributor may furnish, give, lend or rent and
| 2 | | erect, install, repair and maintain to or for any retail | 3 | | licensee, for use
at any one time in or about or in connection | 4 | | with a retail establishment on
which the products of the | 5 | | manufacturer, distributor or importing
distributor are sold, | 6 | | the following signs and inside advertising materials
as | 7 | | authorized in subparts (i), (ii), (iii), and (iv):
| 8 | | (i) Permanent outside signs shall cost be limited to | 9 | | one outside sign, per
brand, in place and in use at any one | 10 | | time,
costing not more than $3,000 per manufacturer $893 , | 11 | | exclusive of erection,
installation, repair and | 12 | | maintenance costs, and permit fees and
shall bear only the | 13 | | manufacturer's name, brand name, trade name, slogans,
| 14 | | markings, trademark, or other symbols commonly associated | 15 | | with and generally
used in identifying the product | 16 | | including, but not limited to, "cold beer", "on
tap", | 17 | | "carry out", and "packaged liquor".
| 18 | | (ii) Temporary outside signs shall include, but not be | 19 | | limited to, be
limited to one temporary outside sign per | 20 | | brand. Examples of temporary outside
signs are banners, | 21 | | flags, pennants,
streamers, and other items of a temporary | 22 | | and non-permanent
nature , and shall cost not more than | 23 | | $1,000 per manufacturer . Each temporary outside sign must | 24 | | include the manufacturer's name,
brand name, trade name, | 25 | | slogans, markings,
trademark, or other symbol commonly | 26 | | associated with and generally used in
identifying the |
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| 1 | | product. Temporary outside signs may also include,
for | 2 | | example, the product,
price, packaging, date or dates of a | 3 | | promotion and an announcement of a
retail licensee's | 4 | | specific sponsored event, if the temporary outside sign is
| 5 | | intended to promote a product, and provided that the | 6 | | announcement of the retail
licensee's event and the product | 7 | | promotion are held simultaneously. However,
temporary | 8 | | outside signs may not include names, slogans, markings, or | 9 | | logos that
relate to the retailer. Nothing in this subpart | 10 | | (ii) shall prohibit a
distributor or importing distributor | 11 | | from bearing the cost of creating or
printing a temporary | 12 | | outside sign for the retail licensee's specific sponsored
| 13 | | event or from bearing the cost of creating or printing a | 14 | | temporary sign for a
retail licensee containing, for | 15 | | example, community goodwill expressions,
regional sporting | 16 | | event announcements, or seasonal messages, provided that | 17 | | the
primary purpose of the temporary outside sign is to | 18 | | highlight, promote, or
advertise the product.
In addition, | 19 | | temporary outside signs provided by the manufacturer to
the | 20 | | distributor or importing distributor may also include, for | 21 | | example, subject
to the limitations of this Section, | 22 | | preprinted community goodwill expressions,
sporting event | 23 | | announcements, seasonal messages, and manufacturer | 24 | | promotional
announcements. However, a distributor or | 25 | | importing distributor shall not bear
the cost of such | 26 | | manufacturer preprinted signs.
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| 1 | | (iii) Permanent inside
signs, whether visible from the | 2 | | outside or the inside of the premises,
include, but are not | 3 | | limited to: alcohol lists and menus that may include
names, | 4 | | slogans, markings, or logos that relate to the retailer; | 5 | | neons;
illuminated signs; clocks; table lamps; mirrors; | 6 | | tap handles; decalcomanias;
window painting; and window | 7 | | trim. All neons, illuminated signs, clocks, table lamps, | 8 | | mirrors, and tap handles are the property of the | 9 | | manufacturer and shall be returned to the manufacturer or | 10 | | its agent upon request. All permanent inside signs in place
| 11 | | and in use at any one time shall cost in the aggregate not | 12 | | more than $6,000 $2000 per
manufacturer. A permanent inside | 13 | | sign must include the
manufacturer's name, brand name, | 14 | | trade name, slogans, markings, trademark, or
other symbol | 15 | | commonly associated with and generally used in identifying
| 16 | | the product. However,
permanent inside signs may not | 17 | | include names, slogans, markings, or logos
that relate to | 18 | | the retailer. For the purpose of this subpart (iii), all
| 19 | | permanent inside signs may be displayed in an adjacent | 20 | | courtyard or patio
commonly referred to as a "beer garden" | 21 | | that is a part of the retailer's
licensed premises.
| 22 | | (iv) Temporary inside signs shall include, but are not | 23 | | limited to, lighted
chalk boards, acrylic table tent | 24 | | beverage or hors d'oeuvre list holders,
banners, flags, | 25 | | pennants, streamers, and inside advertising materials such | 26 | | as
posters, placards, bowling sheets, table tents, inserts |
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| 1 | | for acrylic table tent
beverage or hors d'oeuvre list | 2 | | holders, sports schedules,
or similar printed or | 3 | | illustrated materials and product displays, such as | 4 | | display racks, bins, barrels, or similar items, the primary | 5 | | function of which is to temporarily hold and display | 6 | | alcoholic beverages ; however, such items, for example,
as | 7 | | coasters, trays, napkins, glassware and cups shall not be | 8 | | deemed to be
inside signs or advertising materials and may | 9 | | only be sold to retailers at fair market value, which shall | 10 | | be no less than the cost of the item to the manufacturer, | 11 | | distributor, or importing distributor . All
temporary | 12 | | inside signs and inside advertising materials in place and | 13 | | in use at
any one time shall cost in the aggregate not more | 14 | | than $1,000 $325 per manufacturer.
Nothing in this subpart | 15 | | (iv) prohibits a distributor or importing distributor
from | 16 | | paying the cost of
printing or creating any temporary | 17 | | inside banner or inserts for acrylic table
tent beverage or | 18 | | hors d'oeuvre list holders for a retail licensee, provided
| 19 | | that the primary purpose for the banner or insert is to | 20 | | highlight, promote, or
advertise the product. For the | 21 | | purpose of this subpart (iv), all temporary
inside signs | 22 | | and inside advertising materials may be displayed in an | 23 | | adjacent
courtyard or patio commonly referred to as a "beer | 24 | | garden" that is a part of
the retailer's licensed premises.
| 25 | | A "cost adjustment factor" shall be used to periodically | 26 | | update the
dollar limitations prescribed in subparts (i), |
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| 1 | | (iii), and (iv). The Commission
shall establish the adjusted | 2 | | dollar limitation on an annual basis beginning in
January, | 3 | | 1997. The term "cost adjustment factor"
means a percentage | 4 | | equal to the change in the Bureau of Labor Statistics
Consumer | 5 | | Price Index or 5%, whichever is greater.
The restrictions | 6 | | contained in this Section 6-6 do not apply to signs, or
| 7 | | promotional or advertising materials furnished by | 8 | | manufacturers, distributors
or importing distributors to a | 9 | | government owned or operated facility holding
a retailer's | 10 | | license as described in Section 6-5.
| 11 | | No distributor or importing distributor shall directly or | 12 | | indirectly
or through a subsidiary or affiliate, or by any | 13 | | officer, director or
firm of such manufacturer, distributor or | 14 | | importing distributor,
furnish, give, lend or rent, install, | 15 | | repair or maintain, to or for any
retail licensee in this | 16 | | State, any signs or
inside advertising materials described in | 17 | | subparts (i), (ii), (iii), or (iv)
of this Section except as | 18 | | the agent for or on behalf of a manufacturer,
provided that the | 19 | | total cost of any signs and inside advertising materials
| 20 | | including but not limited to labor, erection, installation and | 21 | | permit fees
shall be paid by the manufacturer whose product or | 22 | | products said signs
and inside advertising materials advertise | 23 | | and except as follows:
| 24 | | A distributor or importing distributor may purchase from or | 25 | | enter into a
written agreement with a manufacturer or a | 26 | | manufacturer's designated supplier
and such manufacturer or |
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| 1 | | the manufacturer's designated supplier may sell or
enter into | 2 | | an agreement to sell to a distributor or importing distributor
| 3 | | permitted signs and advertising materials described in | 4 | | subparts (ii), (iii), or
(iv) of this Section for the purpose | 5 | | of furnishing, giving, lending, renting,
installing, | 6 | | repairing, or maintaining such signs or advertising materials | 7 | | to or
for any retail licensee in this State. Any purchase by a | 8 | | distributor or
importing distributor from a manufacturer or a | 9 | | manufacturer's designated
supplier shall be voluntary and the | 10 | | manufacturer may not require the
distributor or the importing | 11 | | distributor to purchase signs or advertising
materials from the | 12 | | manufacturer or the manufacturer's designated supplier.
| 13 | | A distributor or importing distributor shall be deemed the | 14 | | owner of such
signs or advertising materials purchased from a | 15 | | manufacturer or
a manufacturer's designated supplier.
| 16 | | The provisions of Public Act 90-373
concerning signs or | 17 | | advertising materials delivered by a manufacturer to a
| 18 | | distributor or importing distributor shall apply only to signs | 19 | | or advertising
materials delivered on or after August 14, 1997.
| 20 | | A manufacturer, distributor, or importing distributor may | 21 | | furnish free social media advertising to a retail licensee if | 22 | | the social media advertisement does not contain the retail | 23 | | price of any alcoholic liquor and the social media | 24 | | advertisement complies with any applicable rules or | 25 | | regulations issued by the Alcohol and Tobacco Tax and Trade | 26 | | Bureau of the United States Department of the Treasury. A |
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| 1 | | manufacturer, distributor, or importing distributor may list | 2 | | the names of one or more unaffiliated retailers in the | 3 | | advertisement of alcoholic liquor through social media. | 4 | | Nothing in this Section shall prohibit a retailer from | 5 | | communicating with a manufacturer, distributor, or importing | 6 | | distributor on social media or sharing media on the social | 7 | | media of a manufacturer, distributor, or importing | 8 | | distributor. A retailer may request free social media | 9 | | advertising from a manufacturer, distributor, or importing | 10 | | distributor. Nothing in this Section shall prohibit a | 11 | | manufacturer, distributor, or importing distributor from | 12 | | sharing, reposting, or otherwise forwarding a social media post | 13 | | by a retail licensee, so long as the sharing, reposting, or | 14 | | forwarding of the social media post does not contain the retail | 15 | | price of any alcoholic liquor. No manufacturer, distributor, or | 16 | | importing distributor shall pay or reimburse a retailer, | 17 | | directly or indirectly, for any social media advertising | 18 | | services, except as specifically permitted in this Act. No | 19 | | retailer shall accept any payment or reimbursement, directly or | 20 | | indirectly, for any social media advertising services offered | 21 | | by a manufacturer, distributor, or importing distributor, | 22 | | except as specifically permitted in this Act. For the purposes | 23 | | of this Section, "social media" means a service, platform, or | 24 | | site where users communicate with one another and share media, | 25 | | such as pictures, videos, music, and blogs, with other users | 26 | | free of charge. |
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| 1 | | No person engaged in the business of manufacturing, | 2 | | importing or
distributing alcoholic liquors shall, directly or | 3 | | indirectly, pay for,
or advance, furnish, or lend money for the | 4 | | payment of any license for
another. Any licensee who shall | 5 | | permit or assent, or be a party in any
way to any violation or | 6 | | infringement of the provisions of this Section
shall be deemed | 7 | | guilty of a violation of this Act, and any money loaned
| 8 | | contrary to a provision of this Act shall not be recovered | 9 | | back, or any
note, mortgage or other evidence of indebtedness, | 10 | | or security, or any
lease or contract obtained or made contrary | 11 | | to this Act shall be
unenforceable and void.
| 12 | | This Section shall not apply to airplane licensees | 13 | | exercising powers
provided in paragraph (i) of Section 5-1 of | 14 | | this Act.
| 15 | | (Source: P.A. 98-756, eff. 7-16-14; 99-448, eff. 8-24-15.)
| 16 | | (235 ILCS 5/6-8) (from Ch. 43, par. 125)
| 17 | | Sec. 6-8.
Each manufacturer or importing distributor or | 18 | | foreign importer
shall keep an accurate record of all alcoholic | 19 | | liquors manufactured,
distributed, sold, used, or delivered by | 20 | | him in this State during each
month, showing therein to whom | 21 | | sold, and shall furnish a copy thereof or a
report thereon to | 22 | | the State Commission, as the State Commission may,
request.
| 23 | | Each importing distributor or manufacturer to whom | 24 | | alcoholic liquors
imported into this State have been consigned | 25 | | shall effect possession and
physical control thereof by storing |
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| 1 | | such alcoholic liquors in the premises
wherein such importing | 2 | | distributor or manufacturer is licensed to engage in
such | 3 | | business as an importing distributor or manufacturer and to | 4 | | make such
alcoholic liquors together with accompanying | 5 | | invoices, bills of lading and
receiving tickets available for | 6 | | inspection by an agent or representative of
the Department of | 7 | | Revenue and of the State Commission.
| 8 | | All alcoholic liquor imported into this State must be | 9 | | off-loaded from the
common carrier, vehicle, or mode of | 10 | | transportation by which the alcoholic
liquor was delivered into | 11 | | this State. The alcoholic liquor shall be stored at
the | 12 | | licensed premises of the importing distributor before sale and | 13 | | delivery to
licensees in this State. A distributor or importing | 14 | | distributor, upon
application to the Commission, may secure a | 15 | | waiver of the provisions of this
Section for purposes of | 16 | | delivering beer directly to a licensee holding or
otherwise | 17 | | participating in a special event sponsored by a unit of | 18 | | government or
a not-for-profit organization.
| 19 | | A manufacturer of beer that imports or transfers beer into | 20 | | this State must comply with the provisions of this Section. | 21 | | (Source: P.A. 88-535.)
| 22 | | (235 ILCS 5/8-1)
| 23 | | Sec. 8-1.
A tax is imposed upon the privilege of engaging | 24 | | in business as a
manufacturer or as an importing distributor of | 25 | | alcoholic liquor other than beer
at the rate of $0.185 per |
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| 1 | | gallon until September 1, 2009 and $0.231 per gallon beginning | 2 | | September 1, 2009 for cider containing not less than
0.5% | 3 | | alcohol by volume nor more than 7% alcohol by volume, $0.73
per | 4 | | gallon until September 1, 2009 and $1.39 per gallon beginning | 5 | | September 1, 2009 for wine other than
cider containing less | 6 | | than 7% alcohol by volume, and $4.50
per gallon until September | 7 | | 1, 2009 and $8.55 per gallon beginning September 1, 2009 on | 8 | | alcohol and spirits manufactured and sold or used by such
| 9 | | manufacturer, or as agent for any other person, or sold or used | 10 | | by such
importing distributor, or as agent for any other | 11 | | person. A tax is imposed
upon the privilege of engaging in | 12 | | business as a manufacturer of beer or as an
importing | 13 | | distributor of beer at the rate of $0.185 per gallon until | 14 | | September 1, 2009 and $0.231 per gallon beginning September 1, | 15 | | 2009 on
all beer manufactured and sold or used by such | 16 | | manufacturer, or as agent for
any other person, or sold or used | 17 | | by such importing distributor, or as agent
for any other | 18 | | person. Any brewer manufacturing beer in this State shall be
| 19 | | entitled to and given a credit or refund of 75% of the tax | 20 | | imposed on each
gallon of beer up to 4.9 million gallons per | 21 | | year in any given calendar year
for tax paid or payable on beer | 22 | | produced and sold in the State of Illinois.
| 23 | | For the purpose of this Section, "cider" means any | 24 | | alcoholic beverage
obtained by the alcohol fermentation of the | 25 | | juice of apples or pears
including, but not limited to, | 26 | | flavored, sparkling, or carbonated cider.
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| 1 | | The credit or refund created by this Act shall apply to all | 2 | | beer taxes
in the calendar years 1982 through 1986.
| 3 | | The increases made by this amendatory Act of the 91st | 4 | | General Assembly in
the rates of taxes imposed under this | 5 | | Section shall apply beginning on July
1, 1999.
| 6 | | A tax at the rate of 1˘ per gallon on beer and 48˘ per | 7 | | gallon on
alcohol and spirits is also imposed upon the | 8 | | privilege of engaging in
business as a retailer or as a | 9 | | distributor who is not also an importing
distributor with | 10 | | respect to all beer and all alcohol and spirits owned
or | 11 | | possessed by such retailer or distributor when this amendatory | 12 | | Act of
1969 becomes effective, and with respect to which the | 13 | | additional tax
imposed by this amendatory Act upon | 14 | | manufacturers and importing
distributors does not apply. | 15 | | Retailers and distributors who are subject
to the additional | 16 | | tax imposed by this paragraph of this Section shall be
required | 17 | | to inventory such alcoholic liquor and to pay this additional
| 18 | | tax in a manner prescribed by the Department.
| 19 | | The provisions of this Section shall be construed to apply | 20 | | to any
importing distributor engaging in business in this | 21 | | State, whether
licensed or not.
| 22 | | However, such tax is not imposed upon any such business as | 23 | | to any
alcoholic liquor shipped outside Illinois by an Illinois | 24 | | licensed
manufacturer or importing distributor, nor as to any | 25 | | alcoholic liquor
delivered in Illinois by an Illinois licensed | 26 | | manufacturer or importing
distributor to a purchaser for |
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| 1 | | immediate transportation by the purchaser
to another state into | 2 | | which the purchaser has a legal right, under the
laws of such | 3 | | state, to import such alcoholic liquor, nor as to any
alcoholic | 4 | | liquor other than beer sold by one Illinois licensed
| 5 | | manufacturer or importing distributor to another Illinois | 6 | | licensed
manufacturer or importing distributor to the extent to | 7 | | which the sale of
alcoholic liquor other than beer by one | 8 | | Illinois licensed manufacturer
or importing distributor to | 9 | | another Illinois licensed manufacturer or
importing | 10 | | distributor is authorized by the licensing provisions of this
| 11 | | Act, nor to alcoholic liquor whether manufactured in or | 12 | | imported into
this State when sold to a "non-beverage user" | 13 | | licensed by the State for
use in the manufacture of any of the | 14 | | following when they are unfit for
beverage purposes:
| 15 | | Patent and proprietary medicines and medicinal, | 16 | | antiseptic, culinary
and toilet preparations;
| 17 | | Flavoring extracts and syrups and food products;
| 18 | | Scientific, industrial and chemical products, excepting | 19 | | denatured
alcohol;
| 20 | | Or for scientific, chemical, experimental or mechanical | 21 | | purposes;
| 22 | | Nor is the tax imposed upon the privilege of engaging in | 23 | | any business
in interstate commerce or otherwise, which | 24 | | business may not, under the
Constitution and Statutes of the | 25 | | United States, be made the subject of
taxation by this State.
| 26 | | The tax herein imposed shall be in addition to all other |
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| 1 | | occupation
or privilege taxes imposed by the State of Illinois | 2 | | or political
subdivision thereof.
| 3 | | If any alcoholic liquor manufactured in or imported into | 4 | | this State
is sold to a licensed manufacturer or importing | 5 | | distributor by a
licensed manufacturer or importing | 6 | | distributor to be used solely as an
ingredient in the | 7 | | manufacture of any beverage for human consumption, the
tax | 8 | | imposed upon such purchasing manufacturer or importing | 9 | | distributor
shall be reduced by the amount of the taxes which | 10 | | have been paid by the
selling manufacturer or importing | 11 | | distributor under this Act as to such
alcoholic liquor so used | 12 | | to the Department of Revenue.
| 13 | | If any person received any alcoholic liquors from a | 14 | | manufacturer or
importing distributor, with respect to which | 15 | | alcoholic liquors no tax is
imposed under this Article, and | 16 | | such alcoholic liquor shall thereafter
be disposed of in such | 17 | | manner or under such circumstances as may cause
the same to | 18 | | become the base for the tax imposed by this Article, such
| 19 | | person shall make the same reports and returns, pay the same | 20 | | taxes and
be subject to all other provisions of this Article | 21 | | relating to
manufacturers and importing distributors.
| 22 | | Nothing in this Article shall be construed to require the | 23 | | payment to
the Department of the taxes imposed by this Article | 24 | | more than once with
respect to any quantity of alcoholic liquor | 25 | | sold or used within this
State.
| 26 | | No tax is imposed by this Act on sales of alcoholic liquor |
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| 1 | | by
Illinois licensed foreign importers to Illinois licensed | 2 | | importing
distributors.
| 3 | | All of the proceeds of the additional tax imposed by Public | 4 | | Act 96-34 shall be deposited by the Department into the Capital | 5 | | Projects Fund. The remainder of the tax imposed by this Act | 6 | | shall be deposited by the Department into the General Revenue | 7 | | Fund. | 8 | | A manufacturer of beer that imports or transfers beer into | 9 | | this State must comply with the provisions of this Section with | 10 | | regard to the beer imported into this State. | 11 | | The provisions of this Section 8-1 are severable under | 12 | | Section 1.31 of the Statute on Statutes.
| 13 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | 14 | | eff. 7-13-09; 96-1000, eff. 7-2-10.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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