Full Text of SB2755 95th General Assembly
SB2755enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning liquor.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Sections 5-1 and 8-2 as follows:
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| (235 ILCS 5/5-1) (from Ch. 43, par. 115)
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| (Text of Section before amendment by P.A. 95-634 )
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| Sec. 5-1. Licenses issued by the Illinois Liquor Control | 9 |
| Commission
shall be of the following classes:
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| (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 11 |
| Rectifier, Class 3. Brewer, Class 4. First Class Wine
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| Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | 13 |
| First Class Winemaker, Class 7. Second Class Winemaker, Class | 14 |
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Limited Wine Manufacturer,
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| (b) Distributor's license,
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| (c) Importing Distributor's license,
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| (d) Retailer's license,
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| (e) Special Event Retailer's license (not-for-profit),
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| (f) Railroad license,
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| (g) Boat license,
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| (h) Non-Beverage User's license,
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| (i) Wine-maker's premises license,
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| (j) Airplane license,
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| (k) Foreign importer's license,
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| (l) Broker's license,
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| (m) Non-resident dealer's
license,
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| (n) Brew Pub license,
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| (o) Auction liquor license,
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| (p) Caterer retailer license,
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| (q) Special use permit license.
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| No
person, firm, partnership, corporation, or other legal | 9 |
| business entity that is
engaged in the manufacturing of wine | 10 |
| may concurrently obtain and hold a
wine-maker's license and a | 11 |
| wine manufacturer's license.
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| (a) A manufacturer's license shall allow the manufacture,
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| importation in bulk, storage, distribution and sale of | 14 |
| alcoholic liquor
to persons without the State, as may be | 15 |
| permitted by law and to licensees
in this State as follows:
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| Class 1. A Distiller may make sales and deliveries of | 17 |
| alcoholic liquor to
distillers, rectifiers, importing | 18 |
| distributors, distributors and
non-beverage users and to no | 19 |
| other licensees.
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| Class 2. A Rectifier, who is not a distiller, as defined | 21 |
| herein, may make
sales and deliveries of alcoholic liquor to | 22 |
| rectifiers, importing distributors,
distributors, retailers | 23 |
| and non-beverage users and to no other licensees.
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| Class 3. A Brewer may make sales and deliveries of beer to | 25 |
| importing
distributors, distributors, and to non-licensees, | 26 |
| and to
retailers provided the brewer obtains an importing |
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| distributor's license or
distributor's license in accordance | 2 |
| with the provisions of this Act.
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| Class 4. A first class wine-manufacturer may make sales and | 4 |
| deliveries of
up to 50,000 gallons of wine to manufacturers,
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| importing
distributors and distributors, and to no other | 6 |
| licensees.
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| 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.
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| 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
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| 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 |
| first-class wine-maker's license shall
allow the sale of no | 16 |
| more than 5,000
gallons of the licensee's wine to retailers. | 17 |
| The State Commission shall issue
only one first-class | 18 |
| wine-maker's license to any person, firm, partnership,
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| corporation, or other legal business entity that is engaged in | 20 |
| the making of
less than 50,000 gallons of wine annually that | 21 |
| applies for a first-class
wine-maker's license. No subsidiary | 22 |
| or affiliate thereof, nor any officer,
associate, member, | 23 |
| partner, representative, employee, agent, or shareholder may
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| be issued an additional wine-maker's license by the State | 25 |
| Commission.
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| Class 7. A second-class wine-maker's license shall allow |
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| the manufacture
of between 50,000 and 100,000 gallons of wine | 2 |
| per year, and
the
storage and sale of such wine
to distributors | 3 |
| in this State and to persons without the State, as may be
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| permitted by law. A second-class wine-maker's license shall | 5 |
| allow the sale
of
no more than 10,000 gallons of the licensee's | 6 |
| wine directly to retailers.
The State Commission shall issue | 7 |
| only one second-class wine-maker's license
to any person, firm, | 8 |
| partnership, corporation, or other legal business entity
that | 9 |
| is engaged in the making of less than 100,000 gallons of wine | 10 |
| annually
that applies for a second-class wine-maker's license. | 11 |
| No subsidiary or
affiliate thereof, or any officer, associate, | 12 |
| member, partner, representative,
employee, agent, or | 13 |
| shareholder may be issued an additional wine-maker's
license by | 14 |
| the State Commission.
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| Class 8. A limited wine-manufacturer may make sales and | 16 |
| deliveries not to
exceed 40,000 gallons of wine per year to | 17 |
| distributors, and to
non-licensees in accordance with the | 18 |
| provisions of this Act.
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| (a-1) A manufacturer which is licensed in this State to | 20 |
| make sales or
deliveries of alcoholic liquor and which enlists | 21 |
| agents, representatives, or
individuals acting on its behalf | 22 |
| who contact licensed retailers on a regular
and continual basis | 23 |
| in this State must register those agents, representatives,
or | 24 |
| persons acting on its behalf with the State Commission.
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| Registration of agents, representatives, or persons acting | 26 |
| on behalf of a
manufacturer is fulfilled by submitting a form |
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| to the Commission. The form
shall be developed by the | 2 |
| Commission and shall include the name and address of
the | 3 |
| applicant, the name and address of the manufacturer he or she | 4 |
| represents,
the territory or areas assigned to sell to or | 5 |
| discuss pricing terms of
alcoholic liquor, and any other | 6 |
| questions deemed appropriate and necessary.
All statements in | 7 |
| the forms required to be made by law or by rule shall be
deemed | 8 |
| material, and any person who knowingly misstates any material | 9 |
| fact under
oath in an application is guilty of a Class B | 10 |
| misdemeanor. Fraud,
misrepresentation, false statements, | 11 |
| misleading statements, evasions, or
suppression of material | 12 |
| facts in the securing of a registration are grounds for
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| suspension or revocation of the registration.
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| (b) A distributor's license shall allow the wholesale | 15 |
| purchase and storage
of alcoholic liquors and sale of alcoholic | 16 |
| liquors to licensees
in this State and to persons without the | 17 |
| State, as may be permitted by law.
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| (c) An importing distributor's license may be issued to and | 19 |
| held by
those only who are duly licensed distributors, upon the | 20 |
| filing of an
application by a duly licensed distributor, with | 21 |
| the Commission and
the Commission shall, without the
payment of | 22 |
| any fee, immediately issue such importing distributor's
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| license to the applicant, which shall allow the importation of | 24 |
| alcoholic
liquor by the licensee into this State from any point | 25 |
| in the United
States outside this State, and the purchase of | 26 |
| alcoholic liquor in
barrels, casks or other bulk containers and |
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| the bottling of such
alcoholic liquors before resale thereof, | 2 |
| but all bottles or containers
so filled shall be sealed, | 3 |
| labeled, stamped and otherwise made to comply
with all | 4 |
| provisions, rules and regulations governing manufacturers in
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| the preparation and bottling of alcoholic liquors. The | 6 |
| importing
distributor's license shall permit such licensee to | 7 |
| purchase alcoholic
liquor from Illinois licensed non-resident | 8 |
| dealers and foreign importers only.
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| (d) A retailer's license shall allow the licensee to sell | 10 |
| and offer
for sale at retail, only in the premises specified in | 11 |
| the license,
alcoholic liquor for use or consumption, but not | 12 |
| for resale in any form:
Provided that any retail license issued | 13 |
| to a manufacturer shall only
permit the manufacturer to sell | 14 |
| beer at retail on the premises actually
occupied by the | 15 |
| manufacturer. For the purpose of further describing the type of | 16 |
| business conducted at a retail licensed premises, a retailer's | 17 |
| licensee may be designated by the State Commission as (i) an on | 18 |
| premise consumption retailer, (ii) an off premise sale | 19 |
| retailer, or (iii) a combined on premise consumption and off | 20 |
| premise sale retailer.
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| Notwithstanding any other provision of this subsection | 22 |
| (d), a retail
licensee may sell alcoholic liquors to a special | 23 |
| event retailer licensee for
resale to the extent permitted | 24 |
| under subsection (e).
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| (e) A special event retailer's license (not-for-profit) | 26 |
| shall permit the
licensee to purchase alcoholic liquors from an |
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| Illinois licensed distributor
(unless the licensee purchases | 2 |
| less than $500 of alcoholic liquors for the
special event, in | 3 |
| which case the licensee may purchase the alcoholic liquors
from | 4 |
| a licensed retailer) and shall allow the licensee to sell and | 5 |
| offer for
sale, at retail, alcoholic liquors for use or | 6 |
| consumption, but not for resale
in any form and only at the | 7 |
| location and on the specific dates designated for
the special | 8 |
| event in the license. An applicant for a special event retailer
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| license must
(i) furnish with the application: (A) a resale | 10 |
| number issued under Section
2c of the Retailers' Occupation Tax | 11 |
| Act or evidence that the applicant is
registered under Section | 12 |
| 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 13 |
| exemption identification
number issued under Section 1g of the | 14 |
| Retailers' Occupation Tax Act, and a
certification to the | 15 |
| Commission that the purchase of alcoholic liquors will be
a | 16 |
| tax-exempt purchase, or (C) a statement that the applicant is | 17 |
| not registered
under Section 2a of the Retailers' Occupation | 18 |
| Tax Act, does not hold a resale
number under Section 2c of the | 19 |
| Retailers' Occupation Tax Act, and does not
hold an exemption | 20 |
| number under Section 1g of the Retailers' Occupation Tax
Act, | 21 |
| in which event the Commission shall set forth on the special | 22 |
| event
retailer's license a statement to that effect; (ii) | 23 |
| submit with the application proof satisfactory to
the State | 24 |
| Commission that the applicant will provide dram shop liability
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| insurance in the maximum limits; and (iii) show proof | 26 |
| satisfactory to the
State Commission that the applicant has |
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| obtained local authority
approval.
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| (f) A railroad 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
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| 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 a club, buffet, lounge or dining car | 12 |
| operated on an electric,
gas or steam railway in this State; | 13 |
| and provided further, that railroad
licensees exercising the | 14 |
| above powers shall be subject to all provisions of
Article VIII | 15 |
| of this Act as applied to importing distributors. A railroad
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| license shall also permit the licensee to sell or dispense | 17 |
| alcoholic
liquors on any club, buffet, lounge or dining car | 18 |
| operated on an electric,
gas or steam railway regularly | 19 |
| operated by a common carrier in this State,
but shall not | 20 |
| permit the sale for resale of any alcoholic liquors to any
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| licensee within this State. A license shall be obtained for | 22 |
| each car in which
such sales are made.
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| (g) A boat license shall allow the sale of alcoholic liquor | 24 |
| in
individual drinks, on any passenger boat regularly operated | 25 |
| as a common
carrier on navigable waters in this State or on any | 26 |
| riverboat operated
under
the Riverboat Gambling Act, which boat |
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| or riverboat maintains a public
dining room or restaurant | 2 |
| thereon.
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| (h) A non-beverage user's license shall allow the licensee | 4 |
| to
purchase alcoholic liquor from a licensed manufacturer or | 5 |
| importing
distributor, without the imposition of any tax upon | 6 |
| the business of such
licensed manufacturer or importing | 7 |
| distributor as to such alcoholic
liquor to be used by such | 8 |
| licensee solely for the non-beverage purposes
set forth in | 9 |
| subsection (a) of Section 8-1 of this Act, and
such licenses | 10 |
| shall be divided and classified and shall permit the
purchase, | 11 |
| possession and use of limited and stated quantities of
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| alcoholic liquor as follows:
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| Class 1, not to exceed ......................... 500 gallons
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| Class 2, not to exceed ....................... 1,000 gallons
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| Class 3, not to exceed ....................... 5,000 gallons
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| Class 4, not to exceed ...................... 10,000 gallons
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| Class 5, not to exceed ....................... 50,000 gallons
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| (i) A wine-maker's premises license shall allow a
licensee | 19 |
| that concurrently holds a first-class wine-maker's license to | 20 |
| sell
and offer for sale at retail in the premises specified in | 21 |
| such license
not more than 50,000 gallons of the first-class | 22 |
| wine-maker's wine that is
made at the first-class wine-maker's | 23 |
| licensed premises per year for use or
consumption, but not for | 24 |
| resale in any form. A wine-maker's premises
license shall allow | 25 |
| a licensee who concurrently holds a second-class
wine-maker's | 26 |
| license to sell and offer for sale at retail in the premises
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| specified in such license up to 100,000 gallons of the
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| second-class wine-maker's wine that is made at the second-class | 3 |
| wine-maker's
licensed premises per year
for use or consumption | 4 |
| but not for resale in any form. A wine-maker's premises license | 5 |
| shall allow a
licensee that concurrently holds a first-class | 6 |
| wine-maker's license or a second-class
wine-maker's license to | 7 |
| sell
and offer for sale at retail at the premises specified in | 8 |
| the wine-maker's premises license, for use or consumption but | 9 |
| not for resale in any form, any beer, wine, and spirits | 10 |
| purchased from a licensed distributor. Upon approval from the
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| State Commission, a wine-maker's premises license
shall allow | 12 |
| the licensee to sell and offer for sale at (i) the wine-maker's
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| licensed premises and (ii) at up to 2 additional locations for | 14 |
| use and
consumption and not for resale. Each location shall | 15 |
| require additional
licensing per location as specified in | 16 |
| Section 5-3 of this Act.
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| (j) An airplane license shall permit the licensee to import
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| alcoholic liquors into this State from any point in the United | 19 |
| States
outside this State and to store such alcoholic liquors | 20 |
| in this State; to
make wholesale purchases of alcoholic liquors | 21 |
| directly from
manufacturers, foreign importers, distributors | 22 |
| and importing
distributors from within or outside this State; | 23 |
| and to store such
alcoholic liquors in this State; provided | 24 |
| that the above powers may be
exercised only in connection with | 25 |
| the importation, purchase or storage
of alcoholic liquors to be | 26 |
| sold or dispensed on an airplane; and
provided further, that |
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| airplane licensees exercising the above powers
shall be subject | 2 |
| to all provisions of Article VIII of this Act as
applied to | 3 |
| importing distributors. An airplane licensee shall also
permit | 4 |
| the sale or dispensing of alcoholic liquors on any passenger
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| airplane regularly operated by a common carrier in this State, | 6 |
| but shall
not permit the sale for resale of any alcoholic | 7 |
| liquors to any licensee
within this State. A single airplane | 8 |
| license shall be required of an
airline company if liquor | 9 |
| service is provided on board aircraft in this
State. The annual | 10 |
| fee for such license shall be as determined in
Section 5-3.
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| (k) A foreign importer's license shall permit such licensee | 12 |
| to purchase
alcoholic liquor from Illinois licensed | 13 |
| non-resident dealers only, and to
import alcoholic liquor other | 14 |
| than in bulk from any point outside the
United States and to | 15 |
| sell such alcoholic liquor to Illinois licensed
importing | 16 |
| distributors and to no one else in Illinois;
provided that (i) | 17 |
| the foreign importer registers with the State Commission
every
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| brand of
alcoholic liquor that it proposes to sell to Illinois | 19 |
| licensees during the
license period , (ii) and
provided further | 20 |
| that the foreign importer complies with all of the provisions
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| of Section
6-9 of this Act with respect to registration of such | 22 |
| Illinois licensees as may
be granted the
right to sell such | 23 |
| brands at wholesale , and (iii) the foreign importer complies | 24 |
| with the provisions of Sections 6-5 and 6-6 of this Act to the | 25 |
| same extent that these provisions apply to manufacturers .
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| (l) (i) A broker's license shall be required of all persons
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| who solicit
orders for, offer to sell or offer to supply | 2 |
| alcoholic liquor to
retailers in the State of Illinois, or who | 3 |
| offer to retailers to ship or
cause to be shipped or to make | 4 |
| contact with distillers, rectifiers,
brewers or manufacturers | 5 |
| or any other party within or without the State
of Illinois in | 6 |
| order that alcoholic liquors be shipped to a distributor,
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| importing distributor or foreign importer, whether such | 8 |
| solicitation or
offer is consummated within or without the | 9 |
| State of Illinois.
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| No holder of a retailer's license issued by the Illinois | 11 |
| Liquor
Control Commission shall purchase or receive any | 12 |
| alcoholic liquor, the
order for which was solicited or offered | 13 |
| for sale to such retailer by a
broker unless the broker is the | 14 |
| holder of a valid broker's license.
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| The broker shall, upon the acceptance by a retailer of the | 16 |
| broker's
solicitation of an order or offer to sell or supply or | 17 |
| deliver or have
delivered alcoholic liquors, promptly forward | 18 |
| to the Illinois Liquor
Control Commission a notification of | 19 |
| said transaction in such form as
the Commission may by | 20 |
| regulations prescribe.
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| (ii) A broker's license shall be required of
a person | 22 |
| within this State, other than a retail licensee,
who, for a fee | 23 |
| or commission, promotes, solicits, or accepts orders for
| 24 |
| alcoholic liquor, for use or consumption and not for
resale, to | 25 |
| be shipped from this State and delivered to residents outside | 26 |
| of
this State by an express company, common carrier, or |
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| contract carrier.
This Section does not apply to any person who | 2 |
| promotes, solicits, or accepts
orders for wine as specifically | 3 |
| authorized in Section 6-29 of this Act.
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| A broker's license under this subsection (1) shall not | 5 |
| entitle the holder to
buy or sell any
alcoholic liquors for his | 6 |
| own account or to take or deliver title to
such alcoholic | 7 |
| liquors.
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| This subsection (1) shall not apply to distributors, | 9 |
| employees of
distributors, or employees of a manufacturer who | 10 |
| has registered the
trademark, brand or name of the alcoholic | 11 |
| liquor pursuant to Section 6-9
of this Act, and who regularly | 12 |
| sells such alcoholic liquor
in the State of Illinois only to | 13 |
| its registrants thereunder.
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| Any agent, representative, or person subject to | 15 |
| registration pursuant to
subsection (a-1) of this Section shall | 16 |
| not be eligible to receive a broker's
license.
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| (m) A non-resident dealer's license shall permit such | 18 |
| licensee to ship
into and warehouse alcoholic liquor into this | 19 |
| State from any point
outside of this State, and to sell such | 20 |
| alcoholic liquor to Illinois licensed
foreign importers and | 21 |
| importing distributors and to no one else in this State;
| 22 |
| provided that (i) said non-resident dealer shall register with | 23 |
| the Illinois Liquor
Control Commission each and every brand of | 24 |
| alcoholic liquor which it proposes
to sell to Illinois | 25 |
| licensees during the license period , (ii) ; and further | 26 |
| provided
that it shall comply with all of the provisions of |
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| Section 6-9 hereof with
respect to registration of such | 2 |
| Illinois licensees as may be granted the right
to sell such | 3 |
| brands at wholesale , and (iii) the non-resident dealer shall | 4 |
| comply with the provisions of Sections 6-5 and 6-6 of this Act | 5 |
| to the same extent that these provisions apply to | 6 |
| manufacturers .
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| (n) A brew pub license shall allow the licensee to | 8 |
| manufacture beer only
on the premises specified in the license, | 9 |
| to make sales of the
beer manufactured on the premises to | 10 |
| importing distributors, distributors,
and to non-licensees for | 11 |
| use and consumption, to store the beer upon
the premises, and | 12 |
| to sell and offer for sale at retail from the licensed
| 13 |
| premises, provided that a brew pub licensee shall not sell for | 14 |
| off-premises
consumption more than 50,000 gallons per year.
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| (o) A caterer retailer license shall allow the holder
to | 16 |
| serve alcoholic liquors as an incidental part of a food service | 17 |
| that serves
prepared meals which excludes the serving of snacks | 18 |
| as
the primary meal, either on or off-site whether licensed or | 19 |
| unlicensed.
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| (p) An auction liquor license shall allow the licensee to | 21 |
| sell and offer
for sale at auction wine and spirits for use or | 22 |
| consumption, or for resale by
an Illinois liquor licensee in | 23 |
| accordance with provisions of this Act. An
auction liquor | 24 |
| license will be issued to a person and it will permit the
| 25 |
| auction liquor licensee to hold the auction anywhere in the | 26 |
| State. An auction
liquor license must be obtained for each |
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| auction at least 14 days in advance of
the auction date.
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| (q) A special use permit license shall allow an Illinois | 3 |
| licensed
retailer to transfer a portion of its alcoholic liquor | 4 |
| inventory from its
retail licensed premises to the premises | 5 |
| specified in the license hereby
created, and to sell or offer | 6 |
| for sale at retail, only in the premises
specified in the | 7 |
| license hereby created, the transferred alcoholic liquor for
| 8 |
| use or consumption, but not for resale in any form. A special | 9 |
| use permit
license may be granted for the following time | 10 |
| periods: one day or less; 2 or
more days to a maximum of 15 days | 11 |
| per location in any 12 month period. An
applicant for the | 12 |
| special use permit license must also submit with the
| 13 |
| application proof satisfactory to the State Commission that the | 14 |
| applicant will
provide dram shop liability insurance to the | 15 |
| maximum limits and have local
authority approval.
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| (Source: P.A. 95-331, eff. 8-21-07.)
| 17 |
| (Text of Section after amendment by P.A. 95-634 )
| 18 |
| Sec. 5-1. Licenses issued by the Illinois Liquor Control | 19 |
| Commission
shall be of the following classes:
| 20 |
| (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 21 |
| Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 22 |
| Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | 23 |
| First Class Winemaker, Class 7. Second Class Winemaker, Class | 24 |
| 8.
Limited Wine Manufacturer,
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| (b) Distributor's license,
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LRB095 15971 KBJ 41983 b |
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| 1 |
| (c) Importing Distributor's license,
| 2 |
| (d) Retailer's license,
| 3 |
| (e) Special Event Retailer's license (not-for-profit),
| 4 |
| (f) Railroad license,
| 5 |
| (g) Boat license,
| 6 |
| (h) Non-Beverage User's license,
| 7 |
| (i) Wine-maker's premises license,
| 8 |
| (j) Airplane license,
| 9 |
| (k) Foreign importer's license,
| 10 |
| (l) Broker's license,
| 11 |
| (m) Non-resident dealer's
license,
| 12 |
| (n) Brew Pub license,
| 13 |
| (o) Auction liquor license,
| 14 |
| (p) Caterer retailer license,
| 15 |
| (q) Special use permit license,
| 16 |
| (r) Winery shipper's license.
| 17 |
| No
person, firm, partnership, corporation, or other legal | 18 |
| business entity that is
engaged in the manufacturing of wine | 19 |
| may concurrently obtain and hold a
wine-maker's license and a | 20 |
| wine manufacturer's license.
| 21 |
| (a) A manufacturer's license shall allow the manufacture,
| 22 |
| importation in bulk, storage, distribution and sale of | 23 |
| alcoholic liquor
to persons without the State, as may be | 24 |
| permitted by law and to licensees
in this State as follows:
| 25 |
| Class 1. A Distiller may make sales and deliveries of | 26 |
| alcoholic liquor to
distillers, rectifiers, importing |
|
|
|
SB2755 Enrolled |
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LRB095 15971 KBJ 41983 b |
|
| 1 |
| distributors, distributors and
non-beverage users and to no | 2 |
| other licensees.
| 3 |
| Class 2. A Rectifier, who is not a distiller, as defined | 4 |
| herein, may make
sales and deliveries of alcoholic liquor to | 5 |
| rectifiers, importing distributors,
distributors, retailers | 6 |
| and non-beverage users and to no other licensees.
| 7 |
| Class 3. A Brewer may make sales and deliveries of beer to | 8 |
| importing
distributors, distributors, and to non-licensees, | 9 |
| and to
retailers provided the brewer obtains an importing | 10 |
| distributor's license or
distributor's license in accordance | 11 |
| with the provisions of this Act.
| 12 |
| Class 4. A first class wine-manufacturer may make sales and | 13 |
| deliveries of
up to 50,000 gallons of wine to manufacturers,
| 14 |
| importing
distributors and distributors, and to no other | 15 |
| licensees.
| 16 |
| Class 5. A second class Wine manufacturer may make sales | 17 |
| and deliveries
of more than 50,000 gallons of wine to | 18 |
| manufacturers, importing distributors
and distributors and to | 19 |
| no other licensees.
| 20 |
| Class 6. A first-class wine-maker's license shall allow the | 21 |
| manufacture
of up to 50,000 gallons of wine per year, and the
| 22 |
| storage
and sale of such
wine to distributors in the State and | 23 |
| to persons without the
State, as may be permitted by law. A | 24 |
| person who, prior to the effective date of this amendatory Act | 25 |
| of the 95th General Assembly, is a holder of a first-class | 26 |
| wine-maker's license and annually produces more than 25,000 |
|
|
|
SB2755 Enrolled |
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LRB095 15971 KBJ 41983 b |
|
| 1 |
| gallons of its own wine and who distributes its wine to | 2 |
| licensed retailers shall cease this practice on or before July | 3 |
| 1, 2008 in compliance with this amendatory Act of the 95th | 4 |
| General Assembly.
| 5 |
| Class 7. A second-class wine-maker's license shall allow | 6 |
| the manufacture
of between 50,000 and 150,000 gallons of wine | 7 |
| per year, and
the
storage and sale of such wine
to distributors | 8 |
| in this State and to persons without the State, as may be
| 9 |
| permitted by law. A person who, prior to the effective date of | 10 |
| this amendatory Act of the 95th General Assembly, is a holder | 11 |
| of a second-class wine-maker's license and annually produces | 12 |
| more than 25,000 gallons of its own wine and who distributes | 13 |
| its wine to licensed retailers shall cease this practice on or | 14 |
| before July 1, 2008 in compliance with this amendatory Act of | 15 |
| the 95th General Assembly.
| 16 |
| Class 8. A limited wine-manufacturer may make sales and | 17 |
| deliveries not to
exceed 40,000 gallons of wine per year to | 18 |
| distributors, and to
non-licensees in accordance with the | 19 |
| provisions of this Act.
| 20 |
| (a-1) A manufacturer which is licensed in this State to | 21 |
| make sales or
deliveries of alcoholic liquor and which enlists | 22 |
| agents, representatives, or
individuals acting on its behalf | 23 |
| who contact licensed retailers on a regular
and continual basis | 24 |
| in this State must register those agents, representatives,
or | 25 |
| persons acting on its behalf with the State Commission.
| 26 |
| Registration of agents, representatives, or persons acting |
|
|
|
SB2755 Enrolled |
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LRB095 15971 KBJ 41983 b |
|
| 1 |
| on behalf of a
manufacturer is fulfilled by submitting a form | 2 |
| to the Commission. The form
shall be developed by the | 3 |
| Commission and shall include the name and address of
the | 4 |
| applicant, the name and address of the manufacturer he or she | 5 |
| represents,
the territory or areas assigned to sell to or | 6 |
| discuss pricing terms of
alcoholic liquor, and any other | 7 |
| questions deemed appropriate and necessary.
All statements in | 8 |
| the forms required to be made by law or by rule shall be
deemed | 9 |
| material, and any person who knowingly misstates any material | 10 |
| fact under
oath in an application is guilty of a Class B | 11 |
| misdemeanor. Fraud,
misrepresentation, false statements, | 12 |
| misleading statements, evasions, or
suppression of material | 13 |
| facts in the securing of a registration are grounds for
| 14 |
| suspension or revocation of the registration.
| 15 |
| (b) A distributor's license shall allow the wholesale | 16 |
| purchase and storage
of alcoholic liquors and sale of alcoholic | 17 |
| liquors to licensees
in this State and to persons without the | 18 |
| State, as may be permitted by law.
| 19 |
| (c) An importing distributor's license may be issued to and | 20 |
| held by
those only who are duly licensed distributors, upon the | 21 |
| filing of an
application by a duly licensed distributor, with | 22 |
| the Commission and
the Commission shall, without the
payment of | 23 |
| any fee, immediately issue such importing distributor's
| 24 |
| license to the applicant, which shall allow the importation of | 25 |
| alcoholic
liquor by the licensee into this State from any point | 26 |
| in the United
States outside this State, and the purchase of |
|
|
|
SB2755 Enrolled |
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LRB095 15971 KBJ 41983 b |
|
| 1 |
| alcoholic liquor in
barrels, casks or other bulk containers and | 2 |
| the bottling of such
alcoholic liquors before resale thereof, | 3 |
| but all bottles or containers
so filled shall be sealed, | 4 |
| labeled, stamped and otherwise made to comply
with all | 5 |
| provisions, rules and regulations governing manufacturers in
| 6 |
| the preparation and bottling of alcoholic liquors. The | 7 |
| importing
distributor's license shall permit such licensee to | 8 |
| purchase alcoholic
liquor from Illinois licensed non-resident | 9 |
| dealers and foreign importers only.
| 10 |
| (d) A retailer's license shall allow the licensee to sell | 11 |
| and offer
for sale at retail, only in the premises specified in | 12 |
| the license,
alcoholic liquor for use or consumption, but not | 13 |
| for resale in any form. Nothing in this amendatory Act of the | 14 |
| 95th General Assembly shall deny, limit, remove, or restrict | 15 |
| the ability of a holder of a retailer's license to transfer, | 16 |
| deliver, or ship alcoholic liquor to the purchaser for use or | 17 |
| consumption subject to any applicable local law or ordinance. | 18 |
| Any retail license issued to a manufacturer shall only
permit | 19 |
| the manufacturer to sell beer at retail on the premises | 20 |
| actually
occupied by the manufacturer. For the purpose of | 21 |
| further describing the type of business conducted at a retail | 22 |
| licensed premises, a retailer's licensee may be designated by | 23 |
| the State Commission as (i) an on premise consumption retailer, | 24 |
| (ii) an off premise sale retailer, or (iii) a combined on | 25 |
| premise consumption and off premise sale retailer.
| 26 |
| Notwithstanding any other provision of this subsection |
|
|
|
SB2755 Enrolled |
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LRB095 15971 KBJ 41983 b |
|
| 1 |
| (d), a retail
licensee may sell alcoholic liquors to a special | 2 |
| event retailer licensee for
resale to the extent permitted | 3 |
| under subsection (e).
| 4 |
| (e) A special event retailer's license (not-for-profit) | 5 |
| shall permit the
licensee to purchase alcoholic liquors from an | 6 |
| Illinois licensed distributor
(unless the licensee purchases | 7 |
| less than $500 of alcoholic liquors for the
special event, in | 8 |
| which case the licensee may purchase the alcoholic liquors
from | 9 |
| a licensed retailer) and shall allow the licensee to sell and | 10 |
| offer for
sale, at retail, alcoholic liquors for use or | 11 |
| consumption, but not for resale
in any form and only at the | 12 |
| location and on the specific dates designated for
the special | 13 |
| event in the license. An applicant for a special event retailer
| 14 |
| license must
(i) furnish with the application: (A) a resale | 15 |
| number issued under Section
2c of the Retailers' Occupation Tax | 16 |
| Act or evidence that the applicant is
registered under Section | 17 |
| 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 18 |
| exemption identification
number issued under Section 1g of the | 19 |
| Retailers' Occupation Tax Act, and a
certification to the | 20 |
| Commission that the purchase of alcoholic liquors will be
a | 21 |
| tax-exempt purchase, or (C) a statement that the applicant is | 22 |
| not registered
under Section 2a of the Retailers' Occupation | 23 |
| Tax Act, does not hold a resale
number under Section 2c of the | 24 |
| Retailers' Occupation Tax Act, and does not
hold an exemption | 25 |
| number under Section 1g of the Retailers' Occupation Tax
Act, | 26 |
| in which event the Commission shall set forth on the special |
|
|
|
SB2755 Enrolled |
- 22 - |
LRB095 15971 KBJ 41983 b |
|
| 1 |
| event
retailer's license a statement to that effect; (ii) | 2 |
| submit with the application proof satisfactory to
the State | 3 |
| Commission that the applicant will provide dram shop liability
| 4 |
| insurance in the maximum limits; and (iii) show proof | 5 |
| satisfactory to the
State Commission that the applicant has | 6 |
| obtained local authority
approval.
| 7 |
| (f) A railroad license shall permit the licensee to import | 8 |
| alcoholic
liquors into this State from any point in the United | 9 |
| States outside this
State and to store such alcoholic liquors | 10 |
| in this State; to make wholesale
purchases of alcoholic liquors | 11 |
| directly from manufacturers, foreign
importers, distributors | 12 |
| and importing distributors from within or outside
this State; | 13 |
| and to store such alcoholic liquors in this State; provided
| 14 |
| that the above powers may be exercised only in connection with | 15 |
| the
importation, purchase or storage of alcoholic liquors to be | 16 |
| sold or
dispensed on a club, buffet, lounge or dining car | 17 |
| operated on an electric,
gas or steam railway in this State; | 18 |
| and provided further, that railroad
licensees exercising the | 19 |
| above powers shall be subject to all provisions of
Article VIII | 20 |
| of this Act as applied to importing distributors. A railroad
| 21 |
| license shall also permit the licensee to sell or dispense | 22 |
| alcoholic
liquors on any club, buffet, lounge or dining car | 23 |
| operated on an electric,
gas or steam railway regularly | 24 |
| operated by a common carrier in this State,
but shall not | 25 |
| permit the sale for resale of any alcoholic liquors to any
| 26 |
| licensee within this State. A license shall be obtained for |
|
|
|
SB2755 Enrolled |
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LRB095 15971 KBJ 41983 b |
|
| 1 |
| each car in which
such sales are made.
| 2 |
| (g) A boat license shall allow the sale of alcoholic liquor | 3 |
| in
individual drinks, on any passenger boat regularly operated | 4 |
| as a common
carrier on navigable waters in this State or on any | 5 |
| riverboat operated
under
the Riverboat Gambling Act, which boat | 6 |
| or riverboat maintains a public
dining room or restaurant | 7 |
| thereon.
| 8 |
| (h) A non-beverage user's license shall allow the licensee | 9 |
| to
purchase alcoholic liquor from a licensed manufacturer or | 10 |
| importing
distributor, without the imposition of any tax upon | 11 |
| the business of such
licensed manufacturer or importing | 12 |
| distributor as to such alcoholic
liquor to be used by such | 13 |
| licensee solely for the non-beverage purposes
set forth in | 14 |
| subsection (a) of Section 8-1 of this Act, and
such licenses | 15 |
| shall be divided and classified and shall permit the
purchase, | 16 |
| possession and use of limited and stated quantities of
| 17 |
| alcoholic liquor as follows:
| 18 |
| Class 1, not to exceed ......................... 500 gallons
| 19 |
| Class 2, not to exceed ....................... 1,000 gallons
| 20 |
| Class 3, not to exceed ....................... 5,000 gallons
| 21 |
| Class 4, not to exceed ...................... 10,000 gallons
| 22 |
| Class 5, not to exceed ....................... 50,000 gallons
| 23 |
| (i) A wine-maker's premises license shall allow a
licensee | 24 |
| that concurrently holds a first-class wine-maker's license to | 25 |
| sell
and offer for sale at retail in the premises specified in | 26 |
| such license
not more than 50,000 gallons of the first-class |
|
|
|
SB2755 Enrolled |
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LRB095 15971 KBJ 41983 b |
|
| 1 |
| wine-maker's wine that is
made at the first-class wine-maker's | 2 |
| licensed premises per year for use or
consumption, but not for | 3 |
| resale in any form. A wine-maker's premises
license shall allow | 4 |
| a licensee who concurrently holds a second-class
wine-maker's | 5 |
| license to sell and offer for sale at retail in the premises
| 6 |
| specified in such license up to 100,000 gallons of the
| 7 |
| second-class wine-maker's wine that is made at the second-class | 8 |
| wine-maker's
licensed premises per year
for use or consumption | 9 |
| but not for resale in any form. A wine-maker's premises license | 10 |
| shall allow a
licensee that concurrently holds a first-class | 11 |
| wine-maker's license or a second-class
wine-maker's license to | 12 |
| sell
and offer for sale at retail at the premises specified in | 13 |
| the wine-maker's premises license, for use or consumption but | 14 |
| not for resale in any form, any beer, wine, and spirits | 15 |
| purchased from a licensed distributor. Upon approval from the
| 16 |
| State Commission, a wine-maker's premises license
shall allow | 17 |
| the licensee to sell and offer for sale at (i) the wine-maker's
| 18 |
| licensed premises and (ii) at up to 2 additional locations for | 19 |
| use and
consumption and not for resale. Each location shall | 20 |
| require additional
licensing per location as specified in | 21 |
| Section 5-3 of this Act. A wine-maker's premises licensee shall
| 22 |
| secure liquor liability insurance coverage in an amount at
| 23 |
| least equal to the maximum liability amounts set forth in
| 24 |
| subsection (a) of Section 6-21 of this Act.
| 25 |
| (j) An airplane license shall permit the licensee to import
| 26 |
| alcoholic liquors into this State from any point in the United |
|
|
|
SB2755 Enrolled |
- 25 - |
LRB095 15971 KBJ 41983 b |
|
| 1 |
| States
outside this State and to store such alcoholic liquors | 2 |
| in this State; to
make wholesale purchases of alcoholic liquors | 3 |
| directly from
manufacturers, foreign importers, distributors | 4 |
| and importing
distributors from within or outside this State; | 5 |
| and to store such
alcoholic liquors in this State; provided | 6 |
| that the above powers may be
exercised only in connection with | 7 |
| the importation, purchase or storage
of alcoholic liquors to be | 8 |
| sold or dispensed on an airplane; and
provided further, that | 9 |
| airplane licensees exercising the above powers
shall be subject | 10 |
| to all provisions of Article VIII of this Act as
applied to | 11 |
| importing distributors. An airplane licensee shall also
permit | 12 |
| the sale or dispensing of alcoholic liquors on any passenger
| 13 |
| airplane regularly operated by a common carrier in this State, | 14 |
| but shall
not permit the sale for resale of any alcoholic | 15 |
| liquors to any licensee
within this State. A single airplane | 16 |
| license shall be required of an
airline company if liquor | 17 |
| service is provided on board aircraft in this
State. The annual | 18 |
| fee for such license shall be as determined in
Section 5-3.
| 19 |
| (k) A foreign importer's license shall permit such licensee | 20 |
| to purchase
alcoholic liquor from Illinois licensed | 21 |
| non-resident dealers only, and to
import alcoholic liquor other | 22 |
| than in bulk from any point outside the
United States and to | 23 |
| sell such alcoholic liquor to Illinois licensed
importing | 24 |
| distributors and to no one else in Illinois;
provided that (i) | 25 |
| the foreign importer registers with the State Commission
every
| 26 |
| brand of
alcoholic liquor that it proposes to sell to Illinois |
|
|
|
SB2755 Enrolled |
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LRB095 15971 KBJ 41983 b |
|
| 1 |
| licensees during the
license period , (ii) and
provided further | 2 |
| that the foreign importer complies with all of the provisions
| 3 |
| of Section
6-9 of this Act with respect to registration of such | 4 |
| Illinois licensees as may
be granted the
right to sell such | 5 |
| brands at wholesale , and (iii) the foreign importer complies | 6 |
| with the provisions of Sections 6-5 and 6-6 of this Act to the | 7 |
| same extent that these provisions apply to manufacturers .
| 8 |
| (l) (i) A broker's license shall be required of all persons
| 9 |
| who solicit
orders for, offer to sell or offer to supply | 10 |
| alcoholic liquor to
retailers in the State of Illinois, or who | 11 |
| offer to retailers to ship or
cause to be shipped or to make | 12 |
| contact with distillers, rectifiers,
brewers or manufacturers | 13 |
| or any other party within or without the State
of Illinois in | 14 |
| order that alcoholic liquors be shipped to a distributor,
| 15 |
| importing distributor or foreign importer, whether such | 16 |
| solicitation or
offer is consummated within or without the | 17 |
| State of Illinois.
| 18 |
| No holder of a retailer's license issued by the Illinois | 19 |
| Liquor
Control Commission shall purchase or receive any | 20 |
| alcoholic liquor, the
order for which was solicited or offered | 21 |
| for sale to such retailer by a
broker unless the broker is the | 22 |
| holder of a valid broker's license.
| 23 |
| The broker shall, upon the acceptance by a retailer of the | 24 |
| broker's
solicitation of an order or offer to sell or supply or | 25 |
| deliver or have
delivered alcoholic liquors, promptly forward | 26 |
| to the Illinois Liquor
Control Commission a notification of |
|
|
|
SB2755 Enrolled |
- 27 - |
LRB095 15971 KBJ 41983 b |
|
| 1 |
| said transaction in such form as
the Commission may by | 2 |
| regulations prescribe.
| 3 |
| (ii) A broker's license shall be required of
a person | 4 |
| within this State, other than a retail licensee,
who, for a fee | 5 |
| or commission, promotes, solicits, or accepts orders for
| 6 |
| alcoholic liquor, for use or consumption and not for
resale, to | 7 |
| be shipped from this State and delivered to residents outside | 8 |
| of
this State by an express company, common carrier, or | 9 |
| contract carrier.
This Section does not apply to any person who | 10 |
| promotes, solicits, or accepts
orders for wine as specifically | 11 |
| authorized in Section 6-29 of this Act.
| 12 |
| A broker's license under this subsection (l)
shall not | 13 |
| entitle the holder to
buy or sell any
alcoholic liquors for his | 14 |
| own account or to take or deliver title to
such alcoholic | 15 |
| liquors.
| 16 |
| This subsection (l)
shall not apply to distributors, | 17 |
| employees of
distributors, or employees of a manufacturer who | 18 |
| has registered the
trademark, brand or name of the alcoholic | 19 |
| liquor pursuant to Section 6-9
of this Act, and who regularly | 20 |
| sells such alcoholic liquor
in the State of Illinois only to | 21 |
| its registrants thereunder.
| 22 |
| Any agent, representative, or person subject to | 23 |
| registration pursuant to
subsection (a-1) of this Section shall | 24 |
| not be eligible to receive a broker's
license.
| 25 |
| (m) A non-resident dealer's license shall permit such | 26 |
| licensee to ship
into and warehouse alcoholic liquor into this |
|
|
|
SB2755 Enrolled |
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LRB095 15971 KBJ 41983 b |
|
| 1 |
| State from any point
outside of this State, and to sell such | 2 |
| alcoholic liquor to Illinois licensed
foreign importers and | 3 |
| importing distributors and to no one else in this State;
| 4 |
| provided that (i) said non-resident dealer shall register with | 5 |
| the Illinois Liquor
Control Commission each and every brand of | 6 |
| alcoholic liquor which it proposes
to sell to Illinois | 7 |
| licensees during the license period , (ii) ; and further | 8 |
| provided
that it shall comply with all of the provisions of | 9 |
| Section 6-9 hereof with
respect to registration of such | 10 |
| Illinois licensees as may be granted the right
to sell such | 11 |
| brands at wholesale , and (iii) the non-resident dealer shall | 12 |
| comply with the provisions of Sections 6-5 and 6-6 of this Act | 13 |
| to the same extent that these provisions apply to | 14 |
| manufacturers .
| 15 |
| (n) A brew pub license shall allow the licensee to | 16 |
| manufacture beer only
on the premises specified in the license, | 17 |
| to make sales of the
beer manufactured on the premises to | 18 |
| importing distributors, distributors,
and to non-licensees for | 19 |
| use and consumption, to store the beer upon
the premises, and | 20 |
| to sell and offer for sale at retail from the licensed
| 21 |
| premises, provided that a brew pub licensee shall not sell for | 22 |
| off-premises
consumption more than 50,000 gallons per year.
| 23 |
| (o) A caterer retailer license shall allow the holder
to | 24 |
| serve alcoholic liquors as an incidental part of a food service | 25 |
| that serves
prepared meals which excludes the serving of snacks | 26 |
| as
the primary meal, either on or off-site whether licensed or |
|
|
|
SB2755 Enrolled |
- 29 - |
LRB095 15971 KBJ 41983 b |
|
| 1 |
| unlicensed.
| 2 |
| (p) An auction liquor license shall allow the licensee to | 3 |
| sell and offer
for sale at auction wine and spirits for use or | 4 |
| consumption, or for resale by
an Illinois liquor licensee in | 5 |
| accordance with provisions of this Act. An
auction liquor | 6 |
| license will be issued to a person and it will permit the
| 7 |
| auction liquor licensee to hold the auction anywhere in the | 8 |
| State. An auction
liquor license must be obtained for each | 9 |
| auction at least 14 days in advance of
the auction date.
| 10 |
| (q) A special use permit license shall allow an Illinois | 11 |
| licensed
retailer to transfer a portion of its alcoholic liquor | 12 |
| inventory from its
retail licensed premises to the premises | 13 |
| specified in the license hereby
created, and to sell or offer | 14 |
| for sale at retail, only in the premises
specified in the | 15 |
| license hereby created, the transferred alcoholic liquor for
| 16 |
| use or consumption, but not for resale in any form. A special | 17 |
| use permit
license may be granted for the following time | 18 |
| periods: one day or less; 2 or
more days to a maximum of 15 days | 19 |
| per location in any 12 month period. An
applicant for the | 20 |
| special use permit license must also submit with the
| 21 |
| application proof satisfactory to the State Commission that the | 22 |
| applicant will
provide dram shop liability insurance to the | 23 |
| maximum limits and have local
authority approval.
| 24 |
| (r) A winery shipper's license shall allow a person
with a | 25 |
| first-class or second-class wine manufacturer's
license, a | 26 |
| first-class or second-class wine-maker's license,
or a limited |
|
|
|
SB2755 Enrolled |
- 30 - |
LRB095 15971 KBJ 41983 b |
|
| 1 |
| wine manufacturer's license or who is licensed to
make wine | 2 |
| under the laws of another state to ship wine
made by that | 3 |
| licensee directly to a resident of this
State who is 21 years | 4 |
| of age or older for that resident's
personal use and not for | 5 |
| resale. Prior to receiving a
winery shipper's license, an | 6 |
| applicant for the license must
provide the Commission with a | 7 |
| true copy of its current
license in any state in which it is | 8 |
| licensed as a manufacturer
of wine. An applicant for a winery | 9 |
| shipper's license must
also complete an application form that | 10 |
| provides any other
information the Commission deems necessary. | 11 |
| The
application form shall include an acknowledgement | 12 |
| consenting
to the jurisdiction of the Commission, the Illinois
| 13 |
| Department of Revenue, and the courts of this State concerning
| 14 |
| the enforcement of this Act and any related laws, rules, and
| 15 |
| regulations, including authorizing the Department of Revenue
| 16 |
| and the Commission to conduct audits for the purpose of
| 17 |
| ensuring compliance with this amendatory Act. | 18 |
| A winery shipper licensee must pay to the Department
of | 19 |
| Revenue the State liquor gallonage tax under Section 8-1 for
| 20 |
| all wine that is sold by the licensee and shipped to a person
| 21 |
| in this State. For the purposes of Section 8-1, a winery
| 22 |
| shipper licensee shall be taxed in the same manner as a
| 23 |
| manufacturer of wine. A licensee who is not otherwise required | 24 |
| to register under the Retailers' Occupation Tax Act must
| 25 |
| register under the Use Tax Act to collect and remit use tax to
| 26 |
| the Department of Revenue for all gallons of wine that are sold
|
|
|
|
SB2755 Enrolled |
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LRB095 15971 KBJ 41983 b |
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| by the licensee and shipped to persons in this State. If a
| 2 |
| licensee fails to remit the tax imposed under this Act in
| 3 |
| accordance with the provisions of Article VIII of this Act, the
| 4 |
| winery shipper's license shall be revoked in accordance
with | 5 |
| the provisions of Article VII of this Act. If a licensee
fails | 6 |
| to properly register and remit tax under the Use Tax Act
or the | 7 |
| Retailers' Occupation Tax Act for all wine that is sold
by the | 8 |
| winery shipper and shipped to persons in this
State, the winery | 9 |
| shipper's license shall be revoked in
accordance with the | 10 |
| provisions of Article VII of this Act. | 11 |
| A winery shipper licensee must collect, maintain, and
| 12 |
| submit to the Commission on a semi-annual basis the
total | 13 |
| number of cases per resident of wine shipped to residents
of | 14 |
| this State.
A winery shipper licensed under this subsection (r)
| 15 |
| must comply with the requirements of Section 6-29 of this | 16 |
| amendatory Act.
| 17 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-634, eff. 6-1-08.)
| 18 |
| (235 ILCS 5/8-2) (from Ch. 43, par. 159)
| 19 |
| Sec. 8-2. It is the duty of each manufacturer with respect | 20 |
| to alcoholic
liquor produced or imported by such manufacturer, | 21 |
| or purchased tax-free by
such manufacturer from another | 22 |
| manufacturer or importing
distributor, and of each importing | 23 |
| distributor as to alcoholic liquor
purchased by such importing | 24 |
| distributor from foreign importers or from
anyone from any | 25 |
| point in the United States outside of this State or
purchased |
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LRB095 15971 KBJ 41983 b |
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| tax-free from another manufacturer or importing
distributor, | 2 |
| to pay the tax imposed by Section 8-1 to the
Department of | 3 |
| Revenue on or before the 15th day of the calendar month
| 4 |
| following the calendar month in which such alcoholic liquor is | 5 |
| sold or used
by such manufacturer or by such importing | 6 |
| distributor other than in an
authorized tax-free manner or to | 7 |
| pay that tax electronically as provided in
this Section.
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| Each manufacturer and each importing distributor shall
| 9 |
| make payment under one of the following methods: (1) on or | 10 |
| before the
15th day of each calendar month, file in person or | 11 |
| by United States
first-class
mail, postage pre-paid,
with the | 12 |
| Department of Revenue, on
forms prescribed and furnished by the | 13 |
| Department, a report in writing in
such form as may be required | 14 |
| by the Department in order to compute, and
assure the accuracy | 15 |
| of, the tax due on all taxable sales and uses of
alcoholic | 16 |
| liquor occurring during the preceding month. Payment of the tax
| 17 |
| in the amount disclosed by the report shall accompany the | 18 |
| report or, (2) on
or
before the 15th day of each calendar | 19 |
| month, electronically file with the
Department of Revenue, on | 20 |
| forms prescribed and furnished by the Department, an
electronic | 21 |
| report in such form as may be required by the Department in | 22 |
| order to
compute,
and assure the accuracy of, the tax due on | 23 |
| all taxable sales and uses of
alcoholic liquor
occurring during | 24 |
| the preceding month. An electronic payment of the tax in the
| 25 |
| amount
disclosed by the report shall accompany the report. A | 26 |
| manufacturer or
distributor who
files an electronic report and |
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LRB095 15971 KBJ 41983 b |
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| electronically pays the tax imposed pursuant to
Section 8-1
to | 2 |
| the Department of Revenue on or before the 15th day of the | 3 |
| calendar month
following
the calendar month in which such | 4 |
| alcoholic liquor is sold or used by that
manufacturer or
| 5 |
| importing distributor other than in an authorized tax-free | 6 |
| manner shall pay to
the
Department the amount of the tax | 7 |
| imposed pursuant to Section 8-1, less a
discount
which is | 8 |
| allowed to reimburse the manufacturer or importing distributor
| 9 |
| for the
expenses incurred in keeping and maintaining records, | 10 |
| preparing and filing the
electronic
returns, remitting the tax, | 11 |
| and supplying data to the Department upon
request.
| 12 |
| The discount shall be in an amount as follows:
| 13 |
| (1) For original returns due on or after January 1, | 14 |
| 2003 through
September 30, 2003, the discount shall be | 15 |
| 1.75% or $1,250 per return, whichever
is less;
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| (2) For original returns due on or after October 1, | 17 |
| 2003 through September
30, 2004, the discount shall be 2% | 18 |
| or $3,000 per return, whichever is less; and
| 19 |
| (3) For original returns due on or after October 1, | 20 |
| 2004, the discount
shall
be 2% or $2,000 per return, | 21 |
| whichever is less.
| 22 |
| The Department may, if it deems it necessary in order to | 23 |
| insure the
payment of the tax imposed by this Article, require | 24 |
| returns to be made
more frequently than and covering periods of | 25 |
| less than a month. Such return
shall contain such further | 26 |
| information as the Department may reasonably
require.
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| It shall be presumed that all alcoholic liquors acquired or | 2 |
| made by any
importing distributor or manufacturer have been | 3 |
| sold or used by him in this
State and are the basis for the tax | 4 |
| imposed by this Article unless proven,
to the satisfaction of | 5 |
| the Department, that such alcoholic liquors are (1)
still in | 6 |
| the possession of such importing distributor or manufacturer, | 7 |
| or
(2) prior to the termination of possession have been lost by | 8 |
| theft or
through unintentional destruction, or (3) that such | 9 |
| alcoholic liquors are
otherwise exempt from taxation under this | 10 |
| Act.
| 11 |
| The Department may require any foreign importer to file | 12 |
| monthly
information returns, by the 15th day of the month | 13 |
| following the month which
any such return covers, if the | 14 |
| Department determines this to be necessary
to the proper | 15 |
| performance of the Department's functions and duties under
this | 16 |
| Act. Such return shall contain such information as the | 17 |
| Department may
reasonably require.
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| Every manufacturer and importing distributor shall also | 19 |
| file, with the
Department, a bond in an amount not less than | 20 |
| $1,000 and not to exceed
$100,000 on a form to be approved by, | 21 |
| and with a surety or sureties
satisfactory to, the Department. | 22 |
| Such bond shall be conditioned upon the
manufacturer or | 23 |
| importing distributor paying to the Department all monies
| 24 |
| becoming due from such manufacturer or importing distributor | 25 |
| under this
Article. The Department shall fix the penalty of | 26 |
| such bond in each case,
taking into consideration the amount of |
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LRB095 15971 KBJ 41983 b |
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| alcoholic liquor expected to be
sold and used by such | 2 |
| manufacturer or importing distributor, and the
penalty fixed by | 3 |
| the Department shall be sufficient, in the Department's
| 4 |
| opinion, to protect the State of Illinois against failure to | 5 |
| pay any amount
due under this Article, but the amount of the | 6 |
| penalty fixed by the
Department shall not exceed twice the | 7 |
| amount of tax liability of a monthly
return, nor shall the | 8 |
| amount of such penalty be less than $1,000. The
Department | 9 |
| shall notify the Commission of the Department's approval or
| 10 |
| disapproval of any such manufacturer's or importing | 11 |
| distributor's bond, or
of the termination or cancellation of | 12 |
| any such bond, or of the Department's
direction to a | 13 |
| manufacturer or importing distributor that he must file
| 14 |
| additional bond in order to comply with this Section. The | 15 |
| Commission shall
not issue a license to any applicant for a | 16 |
| manufacturer's or importing
distributor's license unless the | 17 |
| Commission has received a notification
from the Department | 18 |
| showing that such applicant has filed a satisfactory
bond with | 19 |
| the Department hereunder and that such bond has been approved | 20 |
| by
the Department. Failure by any licensed manufacturer or | 21 |
| importing
distributor to keep a satisfactory bond in effect | 22 |
| with the Department or to
furnish additional bond to the | 23 |
| Department, when required hereunder by the
Department to do so, | 24 |
| shall be grounds for the revocation or suspension of
such | 25 |
| manufacturer's or importing distributor's license by the | 26 |
| Commission.
If a manufacturer or importing distributor fails to |
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LRB095 15971 KBJ 41983 b |
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| pay any amount due
under this Article, his bond with the | 2 |
| Department shall be deemed forfeited,
and the Department may | 3 |
| institute a suit in its own name on such bond.
| 4 |
| After notice and opportunity for a hearing the State | 5 |
| Commission may
revoke or suspend the license of any | 6 |
| manufacturer or importing distributor
who fails to comply with | 7 |
| the provisions of this Section. Notice of such
hearing and the | 8 |
| time and place thereof shall be in writing and shall
contain a | 9 |
| statement of the charges against the licensee. Such notice may | 10 |
| be
given by United States registered or certified mail with | 11 |
| return receipt
requested, addressed to the person concerned at | 12 |
| his last known address and
shall be given not less than 7 days | 13 |
| prior to the date fixed for the
hearing. An order revoking or | 14 |
| suspending a license under the provisions of
this Section may | 15 |
| be reviewed in the manner provided in Section 7-10
of this Act. | 16 |
| No new license shall be granted to a person
whose license has | 17 |
| been revoked for a violation of this Section or, in case
of | 18 |
| suspension, shall such suspension be terminated until he has | 19 |
| paid to the
Department all taxes and penalties which he owes | 20 |
| the State under the
provisions of this Act.
| 21 |
| Every manufacturer or importing distributor who has, as | 22 |
| verified by
the Department, continuously complied with the | 23 |
| conditions of the bond under
this Act for a period of 2 years | 24 |
| shall be considered to be a prior
continuous compliance | 25 |
| taxpayer. In determining the consecutive period of
time for | 26 |
| qualification as a prior continuous compliance taxpayer, any
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LRB095 15971 KBJ 41983 b |
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| consecutive period of time of qualifying compliance | 2 |
| immediately prior to
the effective date of this amendatory Act | 3 |
| of 1987 shall be credited to any
manufacturer or importing | 4 |
| distributor.
| 5 |
| A manufacturer or importing distributor that is a prior | 6 |
| continuous compliance taxpayer under this Section and becomes a | 7 |
| successor as the result of an acquisition, merger, or | 8 |
| consolidation of a manufacturer or importing distributor shall | 9 |
| be deemed to be a prior continuous compliance taxpayer with | 10 |
| respect to the acquired, merged, or consolidated entity.
| 11 |
| Every prior continuous compliance taxpayer shall be exempt | 12 |
| from the bond
requirements of this Act until the Department has | 13 |
| determined the taxpayer
to be delinquent in the filing of any | 14 |
| return or deficient in the payment of
any tax under this Act. | 15 |
| Any taxpayer who fails to pay an admitted or
established | 16 |
| liability under this Act may also be required to post bond or
| 17 |
| other acceptable security with the Department guaranteeing the | 18 |
| payment of
such admitted or established liability.
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| The Department shall discharge any surety and shall release | 20 |
| and return
any bond or security deposit assigned, pledged or | 21 |
| otherwise provided to it
by a taxpayer under this Section | 22 |
| within 30 days after: (1) such taxpayer
becomes a prior | 23 |
| continuous compliance taxpayer; or (2) such taxpayer has
ceased | 24 |
| to collect receipts on which he is required to remit tax to the
| 25 |
| Department, has filed a final tax return, and has paid to the | 26 |
| Department an
amount sufficient to discharge his remaining tax |
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LRB095 15971 KBJ 41983 b |
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| liability as determined by
the Department under this Act.
| 2 |
| (Source: P.A. 92-393, eff. 1-1-03; 93-22, eff. 6-20-03.)
| 3 |
| Section 95. No acceleration or delay. Where this Act makes | 4 |
| changes in a statute that is represented in this Act by text | 5 |
| that is not yet or no longer in effect (for example, a Section | 6 |
| represented by multiple versions), the use of that text does | 7 |
| not accelerate or delay the taking effect of (i) the changes | 8 |
| made by this Act or (ii) provisions derived from any other | 9 |
| Public Act.
| 10 |
| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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|