Illinois General Assembly - Full Text of SB3348
Illinois General Assembly

Previous General Assemblies

Full Text of SB3348  96th General Assembly

SB3348sam001 96TH GENERAL ASSEMBLY

Sen. Heather Steans

Filed: 3/2/2010

 

 


 

 


 
09600SB3348sam001 LRB096 20500 ASK 38074 a

1
AMENDMENT TO SENATE BILL 3348

2     AMENDMENT NO. ______. Amend Senate Bill 3348 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Liquor Control Act of 1934 is amended by
5 changing Sections 5-1 and 5-3 as follows:
 
6     (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
7     Sec. 5-1. Licenses issued by the Illinois Liquor Control
8 Commission shall be of the following classes:
9     (a) Manufacturer's license - Class 1. Distiller, Class 2.
10 Rectifier, Class 3. Brewer, Class 4. First Class Wine
11 Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
12 First Class Winemaker, Class 7. Second Class Winemaker, Class
13 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
14     (b) Distributor's license,
15     (c) Importing Distributor's license,
16     (d) Retailer's license,

 

 

09600SB3348sam001 - 2 - LRB096 20500 ASK 38074 a

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

 

 

09600SB3348sam001 - 3 - LRB096 20500 ASK 38074 a

1 other licensees.
2     Class 2. A Rectifier, who is not a distiller, as defined
3 herein, may make sales and deliveries of alcoholic liquor to
4 rectifiers, importing distributors, distributors, retailers
5 and non-beverage users and to no other licensees.
6     Class 3. A Brewer may make sales and deliveries of beer to
7 importing distributors, distributors, and to non-licensees,
8 and to retailers provided the brewer obtains an importing
9 distributor's license or distributor's license in accordance
10 with the provisions of this Act.
11     Class 4. A first class wine-manufacturer may make sales and
12 deliveries of up to 50,000 gallons of wine to manufacturers,
13 importing distributors and distributors, and to no other
14 licensees.
15     Class 5. A second class Wine manufacturer may make sales
16 and deliveries of more than 50,000 gallons of wine to
17 manufacturers, importing distributors and distributors and to
18 no other licensees.
19     Class 6. A first-class wine-maker's license shall allow the
20 manufacture of up to 50,000 gallons of wine per year, and the
21 storage and sale of such wine to distributors in the State and
22 to persons without the State, as may be permitted by law. A
23 person who, prior to the effective date of this amendatory Act
24 of the 95th General Assembly, is a holder of a first-class
25 wine-maker's license and annually produces more than 25,000
26 gallons of its own wine and who distributes its wine to

 

 

09600SB3348sam001 - 4 - LRB096 20500 ASK 38074 a

1 licensed retailers shall cease this practice on or before July
2 1, 2008 in compliance with this amendatory Act of the 95th
3 General Assembly.
4     Class 7. A second-class wine-maker's license shall allow
5 the manufacture of between 50,000 and 150,000 gallons of wine
6 per year, and the storage and sale of such wine to distributors
7 in this State and to persons without the State, as may be
8 permitted by law. A person who, prior to the effective date of
9 this amendatory Act of the 95th General Assembly, is a holder
10 of a second-class wine-maker's license and annually produces
11 more than 25,000 gallons of its own wine and who distributes
12 its wine to licensed retailers shall cease this practice on or
13 before July 1, 2008 in compliance with this amendatory Act of
14 the 95th General Assembly.
15     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.
19     Class 9. A craft distiller license shall allow the
20 manufacture of up to 60,000 gallons of alcoholic liquor per
21 year, and the storage and sale of such alcohol to distributors
22 in this State and to persons without the State, as may be
23 permitted by law. A craft distiller may make sales and
24 deliveries to non-licensees in the following manner: to allow
25 on-premises product samplings at the licensed location and to
26 allow sales of the distilled product for off-premises

 

 

09600SB3348sam001 - 5 - LRB096 20500 ASK 38074 a

1 consumption from the licensed location not to exceed 25,000
2 proof-gallons per year.
3     Any distiller licensed under this Act on the effective date
4 of this amendatory Act of the 96th General Assembly who applies
5 for licensure as a craft distiller and meets the qualifications
6 for licensure shall not be required to pay the initial
7 licensing fee.
8     (a-1) A manufacturer which is licensed in this State to
9 make sales or deliveries of alcoholic liquor and which enlists
10 agents, representatives, or individuals acting on its behalf
11 who contact licensed retailers on a regular and continual basis
12 in this State must register those agents, representatives, or
13 persons acting on its behalf with the State Commission.
14     Registration of agents, representatives, or persons acting
15 on behalf of a manufacturer is fulfilled by submitting a form
16 to the Commission. The form shall be developed by the
17 Commission and shall include the name and address of the
18 applicant, the name and address of the manufacturer he or she
19 represents, the territory or areas assigned to sell to or
20 discuss pricing terms of alcoholic liquor, and any other
21 questions deemed appropriate and necessary. All statements in
22 the forms required to be made by law or by rule shall be deemed
23 material, and any person who knowingly misstates any material
24 fact under oath in an application is guilty of a Class B
25 misdemeanor. Fraud, misrepresentation, false statements,
26 misleading statements, evasions, or suppression of material

 

 

09600SB3348sam001 - 6 - LRB096 20500 ASK 38074 a

1 facts in the securing of a registration are grounds for
2 suspension or revocation of the registration.
3     (b) A distributor's license shall allow the wholesale
4 purchase and storage of alcoholic liquors and sale of alcoholic
5 liquors to licensees in this State and to persons without the
6 State, as may be permitted by law.
7     (c) An importing distributor's license may be issued to and
8 held by those only who are duly licensed distributors, upon the
9 filing of an application by a duly licensed distributor, with
10 the Commission and the Commission shall, without the payment of
11 any fee, immediately issue such importing distributor's
12 license to the applicant, which shall allow the importation of
13 alcoholic liquor by the licensee into this State from any point
14 in the United States outside this State, and the purchase of
15 alcoholic liquor in barrels, casks or other bulk containers and
16 the bottling of such alcoholic liquors before resale thereof,
17 but all bottles or containers so filled shall be sealed,
18 labeled, stamped and otherwise made to comply with all
19 provisions, rules and regulations governing manufacturers in
20 the preparation and bottling of alcoholic liquors. The
21 importing distributor's license shall permit such licensee to
22 purchase alcoholic liquor from Illinois licensed non-resident
23 dealers and foreign importers only.
24     (d) A retailer's license shall allow the licensee to sell
25 and offer for sale at retail, only in the premises specified in
26 the license, alcoholic liquor for use or consumption, but not

 

 

09600SB3348sam001 - 7 - LRB096 20500 ASK 38074 a

1 for resale in any form. Nothing in this amendatory Act of the
2 95th General Assembly shall deny, limit, remove, or restrict
3 the ability of a holder of a retailer's license to transfer,
4 deliver, or ship alcoholic liquor to the purchaser for use or
5 consumption subject to any applicable local law or ordinance.
6 Any retail license issued to a manufacturer shall only permit
7 the manufacturer to sell beer at retail on the premises
8 actually occupied by the manufacturer. For the purpose of
9 further describing the type of business conducted at a retail
10 licensed premises, a retailer's licensee may be designated by
11 the State Commission as (i) an on premise consumption retailer,
12 (ii) an off premise sale retailer, or (iii) a combined on
13 premise consumption and off premise sale retailer.
14     Notwithstanding any other provision of this subsection
15 (d), a retail licensee may sell alcoholic liquors to a special
16 event retailer licensee for resale to the extent permitted
17 under subsection (e).
18     (e) A special event retailer's license (not-for-profit)
19 shall permit the licensee to purchase alcoholic liquors from an
20 Illinois licensed distributor (unless the licensee purchases
21 less than $500 of alcoholic liquors for the special event, in
22 which case the licensee may purchase the alcoholic liquors from
23 a licensed retailer) and shall allow the licensee to sell and
24 offer for sale, at retail, alcoholic liquors for use or
25 consumption, but not for resale in any form and only at the
26 location and on the specific dates designated for the special

 

 

09600SB3348sam001 - 8 - LRB096 20500 ASK 38074 a

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

 

 

09600SB3348sam001 - 9 - LRB096 20500 ASK 38074 a

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

 

 

09600SB3348sam001 - 10 - LRB096 20500 ASK 38074 a

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

 

 

09600SB3348sam001 - 11 - LRB096 20500 ASK 38074 a

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

 

 

09600SB3348sam001 - 12 - LRB096 20500 ASK 38074 a

1 airplane regularly operated by a common carrier in this State,
2 but shall not permit the sale for resale of any alcoholic
3 liquors to any licensee within this State. A single airplane
4 license shall be required of an airline company if liquor
5 service is provided on board aircraft in this State. The annual
6 fee for such license shall be as determined in Section 5-3.
7     (k) A foreign importer's license shall permit such licensee
8 to purchase alcoholic liquor from Illinois licensed
9 non-resident dealers only, and to import alcoholic liquor other
10 than in bulk from any point outside the United States and to
11 sell such alcoholic liquor to Illinois licensed importing
12 distributors and to no one else in Illinois; provided that (i)
13 the foreign importer registers with the State Commission every
14 brand of alcoholic liquor that it proposes to sell to Illinois
15 licensees during the license period, (ii) the foreign importer
16 complies with all of the provisions of Section 6-9 of this Act
17 with respect to registration of such Illinois licensees as may
18 be granted the right to sell such brands at wholesale, and
19 (iii) the foreign importer complies with the provisions of
20 Sections 6-5 and 6-6 of this Act to the same extent that these
21 provisions apply to manufacturers.
22     (l) (i) A broker's license shall be required of all persons
23 who solicit orders for, offer to sell or offer to supply
24 alcoholic liquor to retailers in the State of Illinois, or who
25 offer to retailers to ship or cause to be shipped or to make
26 contact with distillers, rectifiers, brewers or manufacturers

 

 

09600SB3348sam001 - 13 - LRB096 20500 ASK 38074 a

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

 

 

09600SB3348sam001 - 14 - LRB096 20500 ASK 38074 a

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

 

 

09600SB3348sam001 - 15 - LRB096 20500 ASK 38074 a

1 provisions apply to manufacturers.
2     (n) A brew pub license shall allow the licensee to
3 manufacture beer only on the premises specified in the license,
4 to make sales of the beer manufactured on the premises to
5 importing distributors, distributors, and to non-licensees for
6 use and consumption, to store the beer upon the premises, and
7 to sell and offer for sale at retail from the licensed
8 premises, provided that a brew pub licensee shall not sell for
9 off-premises consumption more than 50,000 gallons per year.
10     (o) A caterer retailer license shall allow the holder to
11 serve alcoholic liquors as an incidental part of a food service
12 that serves prepared meals which excludes the serving of snacks
13 as the primary meal, either on or off-site whether licensed or
14 unlicensed.
15     (p) An auction liquor license shall allow the licensee to
16 sell and offer for sale at auction wine and spirits for use or
17 consumption, or for resale by an Illinois liquor licensee in
18 accordance with provisions of this Act. An auction liquor
19 license will be issued to a person and it will permit the
20 auction liquor licensee to hold the auction anywhere in the
21 State. An auction liquor license must be obtained for each
22 auction at least 14 days in advance of the auction date.
23     (q) A special use permit license shall allow an Illinois
24 licensed retailer to transfer a portion of its alcoholic liquor
25 inventory from its retail licensed premises to the premises
26 specified in the license hereby created, and to sell or offer

 

 

09600SB3348sam001 - 16 - LRB096 20500 ASK 38074 a

1 for sale at retail, only in the premises specified in the
2 license hereby created, the transferred alcoholic liquor for
3 use or consumption, but not for resale in any form. A special
4 use permit license may be granted for the following time
5 periods: one day or less; 2 or more days to a maximum of 15 days
6 per location in any 12 month period. An applicant for the
7 special use permit license must also submit with the
8 application proof satisfactory to the State Commission that the
9 applicant will provide dram shop liability insurance to the
10 maximum limits and have local authority approval.
11     (r) A winery shipper's license shall allow a person with a
12 first-class or second-class wine manufacturer's license, a
13 first-class or second-class wine-maker's license, or a limited
14 wine manufacturer's license or who is licensed to make wine
15 under the laws of another state to ship wine made by that
16 licensee directly to a resident of this State who is 21 years
17 of age or older for that resident's personal use and not for
18 resale. Prior to receiving a winery shipper's license, an
19 applicant for the license must provide the Commission with a
20 true copy of its current license in any state in which it is
21 licensed as a manufacturer of wine. An applicant for a winery
22 shipper's license must also complete an application form that
23 provides any other information the Commission deems necessary.
24 The application form shall include an acknowledgement
25 consenting to the jurisdiction of the Commission, the Illinois
26 Department of Revenue, and the courts of this State concerning

 

 

09600SB3348sam001 - 17 - LRB096 20500 ASK 38074 a

1 the enforcement of this Act and any related laws, rules, and
2 regulations, including authorizing the Department of Revenue
3 and the Commission to conduct audits for the purpose of
4 ensuring compliance with this amendatory Act.
5     A winery shipper licensee must pay to the Department of
6 Revenue the State liquor gallonage tax under Section 8-1 for
7 all wine that is sold by the licensee and shipped to a person
8 in this State. For the purposes of Section 8-1, a winery
9 shipper licensee shall be taxed in the same manner as a
10 manufacturer of wine. A licensee who is not otherwise required
11 to register under the Retailers' Occupation Tax Act must
12 register under the Use Tax Act to collect and remit use tax to
13 the Department of Revenue for all gallons of wine that are sold
14 by the licensee and shipped to persons in this State. If a
15 licensee fails to remit the tax imposed under this Act in
16 accordance with the provisions of Article VIII of this Act, the
17 winery shipper's license shall be revoked in accordance with
18 the provisions of Article VII of this Act. If a licensee fails
19 to properly register and remit tax under the Use Tax Act or the
20 Retailers' Occupation Tax Act for all wine that is sold by the
21 winery shipper and shipped to persons in this State, the winery
22 shipper's license shall be revoked in accordance with the
23 provisions of Article VII of this Act.
24     A winery shipper licensee must collect, maintain, and
25 submit to the Commission on a semi-annual basis the total
26 number of cases per resident of wine shipped to residents of

 

 

09600SB3348sam001 - 18 - LRB096 20500 ASK 38074 a

1 this State. A winery shipper licensed under this subsection (r)
2 must comply with the requirements of Section 6-29 of this
3 amendatory Act.
4     (s) A craft distiller's premises license shall allow a
5 licensee that concurrently holds a craft distiller license to
6 sell and offer for sale at retail in the premises specified in
7 such license not more than 25,000 proof-gallons of the craft
8 distillery product that is made at the licensed premises per
9 year for use or consumption, but not for resale in any form. A
10 craft distiller's premises license shall allow a licensee who
11 concurrently holds a craft distiller's license to sell and
12 offer for sale at retail in the premises specified in such
13 license up to 25,000 gallons of the product that is made at the
14 licensed premises per year for use or consumption but not for
15 resale in any form.
16 (Source: P.A. 95-331, eff. 8-21-07; 95-634, eff. 6-1-08;
17 95-769, eff. 7-29-08.)
 
18     (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
19     Sec. 5-3. License fees. Except as otherwise provided
20 herein, at the time application is made to the State Commission
21 for a license of any class, the applicant shall pay to the
22 State Commission the fee hereinafter provided for the kind of
23 license applied for.
24     The fee for licenses issued by the State Commission shall
25 be as follows:

 

 

09600SB3348sam001 - 19 - LRB096 20500 ASK 38074 a

1     For a manufacturer's license:
2    Class 1. Distiller .............................$3,600
3    Class 2. Rectifier .............................3,600
4    Class 3. Brewer ................................900
5    Class 4. First-class Wine Manufacturer .........600
6    Class 5. Second-class
7        Wine Manufacturer ..........................1,200
8    Class 6. First-class wine-maker ................600
9    Class 7. Second-class wine-maker ...............1200
10    Class 8. Limited Wine Manufacturer..............120
11    Class 9. Craft Distiller....................... 1,800
12    For a Brew Pub License .........................1,050
13    For a caterer retailer's license................200
14    For a foreign importer's license ...............25
15    For an importing distributor's license .........25
16    For a distributor's license ....................270
17    For a non-resident dealer's license
18        (500,000 gallons or over) ..................270
19    For a non-resident dealer's license
20        (under 500,000 gallons) ....................90
21    For a wine-maker's premises license ............100
22    For a craft distiller's premises license....... 100
23    For a winery shipper's license
24        (under 250,000 gallons).....................150
25    For a winery shipper's license
26        (250,000 or over, but under 500,000 gallons).500

 

 

09600SB3348sam001 - 20 - LRB096 20500 ASK 38074 a

1    For a winery shipper's license
2        (500,000 gallons or over)...................1,000
3    For a wine-maker's premises license,
4        second location ............................350
5    For a wine-maker's premises license,
6        third location .............................350
7    For a retailer's license .......................500
8    For a special event retailer's license,
9        (not-for-profit) ...........................25
10    For a special use permit license,
11        one day only ...............................50
12        2 days or more .............................100
13    For a railroad license .........................60
14    For a boat license .............................180
15    For an airplane license, times the
16        licensee's maximum number of aircraft
17        in flight, serving liquor over the
18        State at any given time, which either
19        originate, terminate, or make
20        an intermediate stop in the State ..........60
21    For a non-beverage user's license:
22        Class 1 ....................................24
23        Class 2 ....................................60
24        Class 3 ....................................120
25        Class 4 ....................................240
26        Class 5 ....................................600

 

 

09600SB3348sam001 - 21 - LRB096 20500 ASK 38074 a

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

 

 

09600SB3348sam001 - 22 - LRB096 20500 ASK 38074 a

1     purpose of scientific research.
2 (Source: P.A. 95-634, eff. 6-1-08.)".