Full Text of SB3348 96th General Assembly
SB3348sam005 96TH GENERAL ASSEMBLY
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Sen. Heather Steans
Filed: 4/14/2010
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LRB096 20500 ASK 39986 a |
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| AMENDMENT TO SENATE BILL 3348
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| AMENDMENT NO. ______. Amend Senate Bill 3348 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Sections 5-1, 5-3, and 6-4 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
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| 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, |
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| (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 .
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| No
person, firm, partnership, corporation, or other legal | 16 |
| business entity that is
engaged in the manufacturing of wine | 17 |
| may concurrently obtain and hold a
wine-maker's license and a | 18 |
| wine manufacturer's license. | 19 |
| (a) A manufacturer's license shall allow the manufacture,
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| importation in bulk, storage, distribution and sale of | 21 |
| alcoholic liquor
to persons without the State, as may be | 22 |
| permitted by law and to licensees
in this State as follows: | 23 |
| Class 1. A Distiller may make sales and deliveries of | 24 |
| alcoholic liquor to
distillers, rectifiers, importing | 25 |
| distributors, distributors , and
non-beverage users and to | 26 |
| non-licensees subject to the limits of subsection (e) of |
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| Section 6-4 of this Act no 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,
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| 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
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| 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 |
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| 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
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| 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, non-licensees subject to the limits of | 23 |
| subsection (e) of Section 6-4 of this Act, and persons without | 24 |
| the State, as may be permitted by law. | 25 |
| Any distiller licensed under this Act on the effective date | 26 |
| of this amendatory Act of the 96th General Assembly who applies |
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| for licensure as a craft distiller and meets the qualifications | 2 |
| for licensure shall not be required to pay the initial | 3 |
| licensing fee. | 4 |
| (a-1) A manufacturer which is licensed in this State to | 5 |
| make sales or
deliveries of alcoholic liquor and which enlists | 6 |
| agents, representatives, or
individuals acting on its behalf | 7 |
| who contact licensed retailers on a regular
and continual basis | 8 |
| in this State must register those agents, representatives,
or | 9 |
| persons acting on its behalf with the State Commission. | 10 |
| Registration of agents, representatives, or persons acting | 11 |
| on behalf of a
manufacturer is fulfilled by submitting a form | 12 |
| to the Commission. The form
shall be developed by the | 13 |
| Commission and shall include the name and address of
the | 14 |
| applicant, the name and address of the manufacturer he or she | 15 |
| represents,
the territory or areas assigned to sell to or | 16 |
| discuss pricing terms of
alcoholic liquor, and any other | 17 |
| questions deemed appropriate and necessary.
All statements in | 18 |
| the forms required to be made by law or by rule shall be
deemed | 19 |
| material, and any person who knowingly misstates any material | 20 |
| fact under
oath in an application is guilty of a Class B | 21 |
| misdemeanor. Fraud,
misrepresentation, false statements, | 22 |
| misleading statements, evasions, or
suppression of material | 23 |
| facts in the securing of a registration are grounds for
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| suspension or revocation of the registration. | 25 |
| (b) A distributor's license shall allow the wholesale | 26 |
| purchase and storage
of alcoholic liquors and sale of alcoholic |
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| liquors to licensees
in this State and to persons without the | 2 |
| State, as may be permitted by law. | 3 |
| (c) An importing distributor's license may be issued to and | 4 |
| held by
those only who are duly licensed distributors, upon the | 5 |
| filing of an
application by a duly licensed distributor, with | 6 |
| the Commission and
the Commission shall, without the
payment of | 7 |
| any fee, immediately issue such importing distributor's
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| license to the applicant, which shall allow the importation of | 9 |
| alcoholic
liquor by the licensee into this State from any point | 10 |
| in the United
States outside this State, and the purchase of | 11 |
| alcoholic liquor in
barrels, casks or other bulk containers and | 12 |
| the bottling of such
alcoholic liquors before resale thereof, | 13 |
| but all bottles or containers
so filled shall be sealed, | 14 |
| labeled, stamped and otherwise made to comply
with all | 15 |
| provisions, rules and regulations governing manufacturers in
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| the preparation and bottling of alcoholic liquors. The | 17 |
| importing
distributor's license shall permit such licensee to | 18 |
| purchase alcoholic
liquor from Illinois licensed non-resident | 19 |
| dealers and foreign importers only. | 20 |
| (d) A retailer's license shall allow the licensee to sell | 21 |
| and offer
for sale at retail, only in the premises specified in | 22 |
| the license,
alcoholic liquor for use or consumption, but not | 23 |
| for resale in any form. Nothing in this amendatory Act of the | 24 |
| 95th General Assembly shall deny, limit, remove, or restrict | 25 |
| the ability of a holder of a retailer's license to transfer, | 26 |
| deliver, or ship alcoholic liquor to the purchaser for use or |
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| consumption subject to any applicable local law or ordinance. | 2 |
| Any retail license issued to a manufacturer shall only
permit | 3 |
| the manufacturer to sell beer at retail on the premises | 4 |
| actually
occupied by the manufacturer. For the purpose of | 5 |
| further describing the type of business conducted at a retail | 6 |
| licensed premises, a retailer's licensee may be designated by | 7 |
| the State Commission as (i) an on premise consumption retailer, | 8 |
| (ii) an off premise sale retailer, or (iii) a combined on | 9 |
| premise consumption and off premise sale retailer.
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| Notwithstanding any other provision of this subsection | 11 |
| (d), a retail
licensee may sell alcoholic liquors to a special | 12 |
| event retailer licensee for
resale to the extent permitted | 13 |
| under subsection (e). | 14 |
| (e) A special event retailer's license (not-for-profit) | 15 |
| shall permit the
licensee to purchase alcoholic liquors from an | 16 |
| Illinois licensed distributor
(unless the licensee purchases | 17 |
| less than $500 of alcoholic liquors for the
special event, in | 18 |
| which case the licensee may purchase the alcoholic liquors
from | 19 |
| a licensed retailer) and shall allow the licensee to sell and | 20 |
| offer for
sale, at retail, alcoholic liquors for use or | 21 |
| consumption, but not for resale
in any form and only at the | 22 |
| location and on the specific dates designated for
the special | 23 |
| 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 | 25 |
| number issued under Section
2c of the Retailers' Occupation Tax | 26 |
| Act or evidence that the applicant is
registered under Section |
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| 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 2 |
| exemption identification
number issued under Section 1g of the | 3 |
| Retailers' Occupation Tax Act, and a
certification to the | 4 |
| Commission that the purchase of alcoholic liquors will be
a | 5 |
| tax-exempt purchase, or (C) a statement that the applicant is | 6 |
| not registered
under Section 2a of the Retailers' Occupation | 7 |
| Tax Act, does not hold a resale
number under Section 2c of the | 8 |
| Retailers' Occupation Tax Act, and does not
hold an exemption | 9 |
| number under Section 1g of the Retailers' Occupation Tax
Act, | 10 |
| in which event the Commission shall set forth on the special | 11 |
| event
retailer's license a statement to that effect; (ii) | 12 |
| submit with the application proof satisfactory to
the State | 13 |
| Commission that the applicant will provide dram shop liability
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| insurance in the maximum limits; and (iii) show proof | 15 |
| satisfactory to the
State Commission that the applicant has | 16 |
| obtained local authority
approval. | 17 |
| (f) A railroad license shall permit the licensee to import | 18 |
| 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
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| 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 a club, buffet, lounge or dining car |
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| operated on an electric,
gas or steam railway in this State; | 2 |
| and provided further, that railroad
licensees exercising the | 3 |
| above powers shall be subject to all provisions of
Article VIII | 4 |
| of this Act as applied to importing distributors. A railroad
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| license shall also permit the licensee to sell or dispense | 6 |
| alcoholic
liquors on any club, buffet, lounge or dining car | 7 |
| operated on an electric,
gas or steam railway regularly | 8 |
| operated by a common carrier in this State,
but shall not | 9 |
| 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 | 11 |
| each car in which
such sales are made. | 12 |
| (g) A boat license shall allow the sale of alcoholic liquor | 13 |
| in
individual drinks, on any passenger boat regularly operated | 14 |
| as a common
carrier on navigable waters in this State or on any | 15 |
| riverboat operated
under
the Riverboat Gambling Act, which boat | 16 |
| or riverboat maintains a public
dining room or restaurant | 17 |
| thereon. | 18 |
| (h) A non-beverage user's license shall allow the licensee | 19 |
| to
purchase alcoholic liquor from a licensed manufacturer or | 20 |
| importing
distributor, without the imposition of any tax upon | 21 |
| the business of such
licensed manufacturer or importing | 22 |
| distributor as to such alcoholic
liquor to be used by such | 23 |
| licensee solely for the non-beverage purposes
set forth in | 24 |
| subsection (a) of Section 8-1 of this Act, and
such licenses | 25 |
| shall be divided and classified and shall permit the
purchase, | 26 |
| possession and use of limited and stated quantities of
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| alcoholic liquor as follows: | 2 |
| 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 | 7 |
| (i) A wine-maker's premises license shall allow a
licensee | 8 |
| that concurrently holds a first-class wine-maker's license to | 9 |
| sell
and offer for sale at retail in the premises specified in | 10 |
| such license
not more than 50,000 gallons of the first-class | 11 |
| wine-maker's wine that is
made at the first-class wine-maker's | 12 |
| licensed premises per year for use or
consumption, but not for | 13 |
| resale in any form. A wine-maker's premises
license shall allow | 14 |
| a licensee who concurrently holds a second-class
wine-maker's | 15 |
| 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 | 18 |
| wine-maker's
licensed premises per year
for use or consumption | 19 |
| but not for resale in any form. A wine-maker's premises license | 20 |
| shall allow a
licensee that concurrently holds a first-class | 21 |
| wine-maker's license or a second-class
wine-maker's license to | 22 |
| sell
and offer for sale at retail at the premises specified in | 23 |
| the wine-maker's premises license, for use or consumption but | 24 |
| not for resale in any form, any beer, wine, and spirits | 25 |
| purchased from a licensed distributor. Upon approval from the
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| State Commission, a wine-maker's premises license
shall allow |
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| 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 | 3 |
| use and
consumption and not for resale. Each location shall | 4 |
| require additional
licensing per location as specified in | 5 |
| Section 5-3 of this Act. A wine-maker's premises licensee shall
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| secure liquor liability insurance coverage in an amount at
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| least equal to the maximum liability amounts set forth in
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| subsection (a) of Section 6-21 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 | 11 |
| States
outside this State and to store such alcoholic liquors | 12 |
| in this State; to
make wholesale purchases of alcoholic liquors | 13 |
| directly from
manufacturers, foreign importers, distributors | 14 |
| and importing
distributors from within or outside this State; | 15 |
| and to store such
alcoholic liquors in this State; provided | 16 |
| that the above powers may be
exercised only in connection with | 17 |
| the importation, purchase or storage
of alcoholic liquors to be | 18 |
| sold or dispensed on an airplane; and
provided further, that | 19 |
| airplane licensees exercising the above powers
shall be subject | 20 |
| to all provisions of Article VIII of this Act as
applied to | 21 |
| importing distributors. An airplane licensee shall also
permit | 22 |
| the sale or dispensing of alcoholic liquors on any passenger
| 23 |
| airplane regularly operated by a common carrier in this State, | 24 |
| but shall
not permit the sale for resale of any alcoholic | 25 |
| liquors to any licensee
within this State. A single airplane | 26 |
| license shall be required of an
airline company if liquor |
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| service is provided on board aircraft in this
State. The annual | 2 |
| fee for such license shall be as determined in
Section 5-3. | 3 |
| (k) A foreign importer's license shall permit such licensee | 4 |
| to purchase
alcoholic liquor from Illinois licensed | 5 |
| non-resident dealers only, and to
import alcoholic liquor other | 6 |
| than in bulk from any point outside the
United States and to | 7 |
| sell such alcoholic liquor to Illinois licensed
importing | 8 |
| distributors and to no one else in Illinois;
provided that (i) | 9 |
| the foreign importer registers with the State Commission
every
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| brand of
alcoholic liquor that it proposes to sell to Illinois | 11 |
| licensees during the
license period, (ii) the foreign importer | 12 |
| complies with all of the provisions
of Section
6-9 of this Act | 13 |
| with respect to registration of such Illinois licensees as may
| 14 |
| be granted the
right to sell such brands at wholesale, and | 15 |
| (iii) the foreign importer complies with the provisions of | 16 |
| Sections 6-5 and 6-6 of this Act to the same extent that these | 17 |
| provisions apply to manufacturers. | 18 |
| (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 | 20 |
| alcoholic liquor to
retailers in the State of Illinois, or who | 21 |
| offer to retailers to ship or
cause to be shipped or to make | 22 |
| contact with distillers, rectifiers,
brewers or manufacturers | 23 |
| or any other party within or without the State
of Illinois in | 24 |
| order that alcoholic liquors be shipped to a distributor,
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| importing distributor or foreign importer, whether such | 26 |
| solicitation or
offer is consummated within or without the |
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| State of Illinois. | 2 |
| No holder of a retailer's license issued by the Illinois | 3 |
| Liquor
Control Commission shall purchase or receive any | 4 |
| alcoholic liquor, the
order for which was solicited or offered | 5 |
| for sale to such retailer by a
broker unless the broker is the | 6 |
| holder of a valid broker's license. | 7 |
| The broker shall, upon the acceptance by a retailer of the | 8 |
| broker's
solicitation of an order or offer to sell or supply or | 9 |
| deliver or have
delivered alcoholic liquors, promptly forward | 10 |
| to the Illinois Liquor
Control Commission a notification of | 11 |
| said transaction in such form as
the Commission may by | 12 |
| regulations prescribe. | 13 |
| (ii) A broker's license shall be required of
a person | 14 |
| within this State, other than a retail licensee,
who, for a fee | 15 |
| or commission, promotes, solicits, or accepts orders for
| 16 |
| alcoholic liquor, for use or consumption and not for
resale, to | 17 |
| be shipped from this State and delivered to residents outside | 18 |
| of
this State by an express company, common carrier, or | 19 |
| contract carrier.
This Section does not apply to any person who | 20 |
| promotes, solicits, or accepts
orders for wine as specifically | 21 |
| authorized in Section 6-29 of this Act. | 22 |
| A broker's license under this subsection (l)
shall not | 23 |
| entitle the holder to
buy or sell any
alcoholic liquors for his | 24 |
| own account or to take or deliver title to
such alcoholic | 25 |
| liquors. | 26 |
| This subsection (l)
shall not apply to distributors, |
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| employees of
distributors, or employees of a manufacturer who | 2 |
| has registered the
trademark, brand or name of the alcoholic | 3 |
| liquor pursuant to Section 6-9
of this Act, and who regularly | 4 |
| sells such alcoholic liquor
in the State of Illinois only to | 5 |
| its registrants thereunder. | 6 |
| Any agent, representative, or person subject to | 7 |
| registration pursuant to
subsection (a-1) of this Section shall | 8 |
| not be eligible to receive a broker's
license. | 9 |
| (m) A non-resident dealer's license shall permit such | 10 |
| licensee to ship
into and warehouse alcoholic liquor into this | 11 |
| State from any point
outside of this State, and to sell such | 12 |
| alcoholic liquor to Illinois licensed
foreign importers and | 13 |
| importing distributors and to no one else in this State;
| 14 |
| provided that (i) said non-resident dealer shall register with | 15 |
| the Illinois Liquor
Control Commission each and every brand of | 16 |
| alcoholic liquor which it proposes
to sell to Illinois | 17 |
| licensees during the license period, (ii) it shall comply with | 18 |
| all of the provisions of Section 6-9 hereof with
respect to | 19 |
| registration of such Illinois licensees as may be granted the | 20 |
| right
to sell such brands at wholesale, and (iii) the | 21 |
| non-resident dealer shall comply with the provisions of | 22 |
| Sections 6-5 and 6-6 of this Act to the same extent that these | 23 |
| provisions apply to manufacturers. | 24 |
| (n) A brew pub license shall allow the licensee to | 25 |
| manufacture beer only
on the premises specified in the license, | 26 |
| to make sales of the
beer manufactured on the premises to |
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| importing distributors, distributors,
and to non-licensees for | 2 |
| use and consumption, to store the beer upon
the premises, and | 3 |
| to sell and offer for sale at retail from the licensed
| 4 |
| premises, provided that a brew pub licensee shall not sell for | 5 |
| off-premises
consumption more than 50,000 gallons per year. | 6 |
| (o) A caterer retailer license shall allow the holder
to | 7 |
| serve alcoholic liquors as an incidental part of a food service | 8 |
| that serves
prepared meals which excludes the serving of snacks | 9 |
| as
the primary meal, either on or off-site whether licensed or | 10 |
| unlicensed. | 11 |
| (p) An auction liquor license shall allow the licensee to | 12 |
| sell and offer
for sale at auction wine and spirits for use or | 13 |
| consumption, or for resale by
an Illinois liquor licensee in | 14 |
| accordance with provisions of this Act. An
auction liquor | 15 |
| license will be issued to a person and it will permit the
| 16 |
| auction liquor licensee to hold the auction anywhere in the | 17 |
| State. An auction
liquor license must be obtained for each | 18 |
| auction at least 14 days in advance of
the auction date. | 19 |
| (q) A special use permit license shall allow an Illinois | 20 |
| licensed
retailer to transfer a portion of its alcoholic liquor | 21 |
| inventory from its
retail licensed premises to the premises | 22 |
| specified in the license hereby
created, and to sell or offer | 23 |
| for sale at retail, only in the premises
specified in the | 24 |
| license hereby created, the transferred alcoholic liquor for
| 25 |
| use or consumption, but not for resale in any form. A special | 26 |
| use permit
license may be granted for the following time |
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| periods: one day or less; 2 or
more days to a maximum of 15 days | 2 |
| per location in any 12 month period. An
applicant for the | 3 |
| special use permit license must also submit with the
| 4 |
| application proof satisfactory to the State Commission that the | 5 |
| applicant will
provide dram shop liability insurance to the | 6 |
| maximum limits and have local
authority approval. | 7 |
| (r) A winery shipper's license shall allow a person
with a | 8 |
| first-class or second-class wine manufacturer's
license, a | 9 |
| first-class or second-class wine-maker's license,
or a limited | 10 |
| wine manufacturer's license or who is licensed to
make wine | 11 |
| under the laws of another state to ship wine
made by that | 12 |
| licensee directly to a resident of this
State who is 21 years | 13 |
| of age or older for that resident's
personal use and not for | 14 |
| resale. Prior to receiving a
winery shipper's license, an | 15 |
| applicant for the license must
provide the Commission with a | 16 |
| true copy of its current
license in any state in which it is | 17 |
| licensed as a manufacturer
of wine. An applicant for a winery | 18 |
| shipper's license must
also complete an application form that | 19 |
| provides any other
information the Commission deems necessary. | 20 |
| The
application form shall include an acknowledgement | 21 |
| consenting
to the jurisdiction of the Commission, the Illinois
| 22 |
| Department of Revenue, and the courts of this State concerning
| 23 |
| the enforcement of this Act and any related laws, rules, and
| 24 |
| regulations, including authorizing the Department of Revenue
| 25 |
| and the Commission to conduct audits for the purpose of
| 26 |
| ensuring compliance with this amendatory Act. |
|
|
|
09600SB3348sam005 |
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LRB096 20500 ASK 39986 a |
|
| 1 |
| A winery shipper licensee must pay to the Department
of | 2 |
| Revenue the State liquor gallonage tax under Section 8-1 for
| 3 |
| all wine that is sold by the licensee and shipped to a person
| 4 |
| in this State. For the purposes of Section 8-1, a winery
| 5 |
| shipper licensee shall be taxed in the same manner as a
| 6 |
| manufacturer of wine. A licensee who is not otherwise required | 7 |
| to register under the Retailers' Occupation Tax Act must
| 8 |
| register under the Use Tax Act to collect and remit use tax to
| 9 |
| the Department of Revenue for all gallons of wine that are sold
| 10 |
| by the licensee and shipped to persons in this State. If a
| 11 |
| licensee fails to remit the tax imposed under this Act in
| 12 |
| accordance with the provisions of Article VIII of this Act, the
| 13 |
| winery shipper's license shall be revoked in accordance
with | 14 |
| the provisions of Article VII of this Act. If a licensee
fails | 15 |
| to properly register and remit tax under the Use Tax Act
or the | 16 |
| Retailers' Occupation Tax Act for all wine that is sold
by the | 17 |
| winery shipper and shipped to persons in this
State, the winery | 18 |
| shipper's license shall be revoked in
accordance with the | 19 |
| provisions of Article VII of this Act. | 20 |
| A winery shipper licensee must collect, maintain, and
| 21 |
| submit to the Commission on a semi-annual basis the
total | 22 |
| number of cases per resident of wine shipped to residents
of | 23 |
| this State.
A winery shipper licensed under this subsection (r)
| 24 |
| must comply with the requirements of Section 6-29 of this | 25 |
| amendatory Act.
| 26 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-634, eff. 6-1-08; |
|
|
|
09600SB3348sam005 |
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LRB096 20500 ASK 39986 a |
|
| 1 |
| 95-769, eff. 7-29-08.) | 2 |
| (235 ILCS 5/5-3) (from Ch. 43, par. 118) | 3 |
| Sec. 5-3. License fees. Except as otherwise provided | 4 |
| herein, at the time
application is made to the State Commission | 5 |
| for a license of any class, the
applicant shall pay to the | 6 |
| State Commission the fee hereinafter provided for
the kind of | 7 |
| license applied for. | 8 |
| The fee for licenses issued by the State Commission shall | 9 |
| be as follows: | 10 |
| For a manufacturer's license: | |
11 | | Class 1. Distiller ............................. | $3,600 |
|
12 | | Class 2. Rectifier ............................. | 3,600 |
|
13 | | Class 3. Brewer ................................ | 900 |
|
14 | | Class 4. First-class Wine Manufacturer ......... | 600 |
|
15 | | Class 5. Second-class | |
|
16 | | Wine Manufacturer .......................... | 1,200 |
|
17 | | Class 6. First-class wine-maker ................ | 600 |
|
18 | | Class 7. Second-class wine-maker ............... | 1200 |
|
19 | | Class 8. Limited Wine Manufacturer .............. | 120 |
|
20 | | Class 9. Craft Distiller ....................... | 1,800 |
|
21 | | For a Brew Pub License ......................... | 1,050 |
|
22 | | For a caterer retailer's license ................ | 200 |
|
23 | | For a foreign importer's license ............... | 25 |
|
24 | | For an importing distributor's license ......... | 25 |
|
25 | | For a distributor's license .................... | 270 |
|
|
|
|
|
09600SB3348sam005 |
- 19 - |
LRB096 20500 ASK 39986 a |
|
| 1 | | For a non-resident dealer's license | |
|
2 | | (500,000 gallons or over) .................. | 270 |
|
3 | | For a non-resident dealer's license | |
|
4 | | (under 500,000 gallons) .................... | 90 |
|
5 | | For a wine-maker's premises license ............ | 100 |
|
6 | | For a winery shipper's license | |
|
7 | | (under 250,000 gallons) ..................... | 150 |
|
8 | | For a winery shipper's license
| |
|
9 | | (250,000 or over, but under 500,000 gallons) . | 500 |
|
10 | | For a winery shipper's license
| |
|
11 | | (500,000 gallons or over) ................... | 1,000 |
|
12 | | For a wine-maker's premises license, | |
|
13 | | second location ............................ | 350 |
|
14 | | For a wine-maker's premises license, | |
|
15 | | third location ............................. | 350 |
|
16 | | For a retailer's license ....................... | 500 |
|
17 | | For a special event retailer's license, | |
|
18 | | (not-for-profit) ........................... | 25 |
|
19 | | For a special use permit license, | |
|
20 | | one day only ............................... | 50 |
|
21 | | 2 days or more ............................. | 100 |
|
22 | | For a railroad license ......................... | 60 |
|
23 | | For a boat license ............................. | 180 |
|
24 | | For an airplane license, times the | |
|
25 | | licensee's maximum number of aircraft | |
|
26 | | in flight, serving liquor over the | |
|
|
|
|
|
09600SB3348sam005 |
- 20 - |
LRB096 20500 ASK 39986 a |
|
| 1 | | State at any given time, which either | |
|
2 | | originate, terminate, or make | |
|
3 | | an intermediate stop in the State .......... | 60 |
|
4 | | For a non-beverage user's license: | |
|
5 | | Class 1 .................................... | 24 |
|
6 | | Class 2 .................................... | 60 |
|
7 | | Class 3 .................................... | 120 |
|
8 | | Class 4 .................................... | 240 |
|
9 | | Class 5 .................................... | 600 |
|
10 | | For a broker's license ......................... | 600 |
|
11 | | For an auction liquor license .................. | 50 |
| 12 |
| Fees collected under this Section shall be paid into the
| 13 |
| Dram Shop Fund. On and after July 1, 2003, of the funds | 14 |
| received for a
retailer's license, in
addition to the
first | 15 |
| $175, an additional $75 shall be paid into the Dram Shop Fund, | 16 |
| and $250
shall be
paid into the General Revenue Fund. Beginning | 17 |
| June 30, 1990 and on June 30
of each
subsequent year through | 18 |
| June 29, 2003, any balance over $5,000,000
remaining in the | 19 |
| Dram Shop Fund
shall be credited to State liquor licensees and | 20 |
| applied against their fees for
State liquor licenses for the | 21 |
| following year. The amount credited to each
licensee shall be a | 22 |
| proportion of the balance in the Dram Fund that is the
same as | 23 |
| the proportion of the license fee paid by the licensee under
| 24 |
| this Section for the period in which the balance was | 25 |
| accumulated to the
aggregate fees paid by all licensees during | 26 |
| that period. |
|
|
|
09600SB3348sam005 |
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LRB096 20500 ASK 39986 a |
|
| 1 |
| No fee shall be paid for licenses issued by the State | 2 |
| Commission to
the following non-beverage users: | 3 |
| (a) Hospitals, sanitariums, or clinics when their use | 4 |
| of alcoholic
liquor is exclusively medicinal, mechanical | 5 |
| or scientific. | 6 |
| (b) Universities, colleges of learning or schools when | 7 |
| their use of
alcoholic liquor is exclusively medicinal, | 8 |
| mechanical or scientific. | 9 |
| (c) Laboratories when their use is exclusively for the | 10 |
| purpose of
scientific research. | 11 |
| (Source: P.A. 95-634, eff. 6-1-08 .)
| 12 |
| (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| 13 |
| Sec. 6-4. (a) No person licensed by any licensing authority | 14 |
| as a
distiller, or a wine manufacturer, or any subsidiary or | 15 |
| affiliate
thereof, or any officer, associate, member, partner, | 16 |
| representative,
employee, agent or shareholder owning more | 17 |
| than 5% of the outstanding
shares of such person shall be | 18 |
| issued an importing distributor's or
distributor's license, | 19 |
| nor shall any person licensed by any licensing
authority as an | 20 |
| importing distributor, distributor or retailer, or any
| 21 |
| subsidiary or affiliate thereof, or any officer or associate, | 22 |
| member,
partner, representative, employee, agent or | 23 |
| shareholder owning more than
5% of the outstanding shares of | 24 |
| such person be issued a distiller's
license or a wine | 25 |
| manufacturer's license; and no person or persons
licensed as a |
|
|
|
09600SB3348sam005 |
- 22 - |
LRB096 20500 ASK 39986 a |
|
| 1 |
| distiller by any licensing authority shall have any
interest, | 2 |
| directly or indirectly, with such distributor or importing
| 3 |
| distributor.
| 4 |
| However, an importing distributor or distributor, which on | 5 |
| January
1, 1985 is owned by a brewer, or any subsidiary or | 6 |
| affiliate thereof or any
officer, associate, member, partner, | 7 |
| representative, employee, agent or
shareholder owning more | 8 |
| than 5% of the outstanding shares of the importing
distributor | 9 |
| or distributor referred to in this paragraph, may own or
| 10 |
| acquire an ownership interest of more than 5% of the | 11 |
| outstanding shares of
a wine manufacturer and be issued a wine
| 12 |
| manufacturer's license by any licensing authority.
| 13 |
| (b) The foregoing provisions shall not apply to any person | 14 |
| licensed
by any licensing authority as a distiller or wine | 15 |
| manufacturer, or to
any subsidiary or affiliate of any | 16 |
| distiller or wine manufacturer who
shall have been heretofore | 17 |
| licensed by the State Commission as either an
importing | 18 |
| distributor or distributor during the annual licensing period
| 19 |
| expiring June 30, 1947, and shall actually have made sales | 20 |
| regularly to
retailers.
| 21 |
| (c) Provided, however, that in such instances where a | 22 |
| distributor's
or importing distributor's license has been | 23 |
| issued to any distiller or
wine manufacturer or to any | 24 |
| subsidiary or affiliate of any distiller or
wine manufacturer | 25 |
| who has, during the licensing period ending June 30,
1947, sold | 26 |
| or distributed as such licensed distributor or importing
|
|
|
|
09600SB3348sam005 |
- 23 - |
LRB096 20500 ASK 39986 a |
|
| 1 |
| distributor alcoholic liquors and wines to retailers, such | 2 |
| distiller or
wine manufacturer or any subsidiary or affiliate | 3 |
| of any distiller or
wine manufacturer holding such | 4 |
| distributor's or importing distributor's
license may continue | 5 |
| to sell or distribute to retailers such alcoholic
liquors and | 6 |
| wines which are manufactured, distilled, processed or
marketed | 7 |
| by distillers and wine manufacturers whose products it sold or
| 8 |
| distributed to retailers during the whole or any part of its | 9 |
| licensing
periods; and such additional brands and additional | 10 |
| products may be added
to the line of such distributor or | 11 |
| importing distributor, provided, that
such brands and such | 12 |
| products were not sold or distributed by any
distributor or | 13 |
| importing distributor licensed by the State Commission
during | 14 |
| the licensing period ending June 30, 1947, but can not sell or
| 15 |
| distribute to retailers any other alcoholic liquors or wines.
| 16 |
| (d) It shall be unlawful for any distiller licensed | 17 |
| anywhere to have
any stock ownership or interest in any | 18 |
| distributor's or importing
distributor's license wherein any | 19 |
| other person has an interest therein
who is not a distiller and | 20 |
| does not own more than 5% of any stock in any
distillery. | 21 |
| Nothing herein contained shall apply to such distillers or
| 22 |
| their subsidiaries or affiliates, who had a distributor's or | 23 |
| importing
distributor's license during the licensing period | 24 |
| ending June 30, 1947,
which license was owned in whole by such | 25 |
| distiller, or subsidiaries or
affiliates of such distiller.
| 26 |
| (e) Any person having been licensed as a manufacturer shall |
|
|
|
09600SB3348sam005 |
- 24 - |
LRB096 20500 ASK 39986 a |
|
| 1 |
| be
permitted to receive one local retailer's license for the | 2 |
| premises in which he
or she actually conducts such business, | 3 |
| permitting only the retail sale of alcoholic liquor produced | 4 |
| beer only on
such premises, but no such person shall be | 5 |
| entitled to more than one
local retailer's license in any | 6 |
| event, and, other than a manufacturer of beer
as stated above, | 7 |
| no manufacturer or distributor or importing
distributor, | 8 |
| excluding airplane licensees exercising powers provided in
| 9 |
| paragraph (i) of Section 5-1 of this Act, or any subsidiary or | 10 |
| affiliate
thereof, or any officer,
associate, member, partner, | 11 |
| representative, employee or agent, or
shareholder shall be | 12 |
| issued a retailer's license, nor shall any person
having a | 13 |
| retailer's license, excluding airplane licensees exercising | 14 |
| powers
provided in paragraph (i) of Section 5-1 of this
Act, or | 15 |
| any subsidiary or affiliate thereof, or
any officer, associate, | 16 |
| member, partner, representative or agent, or
shareholder be | 17 |
| issued a manufacturer's license or , importing distributor's
| 18 |
| license.
| 19 |
| All retail sales made by a manufacturer pursuant to this | 20 |
| Section shall be limited to on-premises, in-person sales only, | 21 |
| for consumption on or off the licensed premises. A manufacturer | 22 |
| licensee shall secure liquor liability insurance coverage in an | 23 |
| amount at least equal to the maximum liability amounts set | 24 |
| forth in subsection (a) of Section 6-21 of this Act. | 25 |
| (f) However, the foregoing prohibitions against any person | 26 |
| licensed as
a distiller or wine manufacturer being issued a |
|
|
|
09600SB3348sam005 |
- 25 - |
LRB096 20500 ASK 39986 a |
|
| 1 |
| retailer's license shall not apply:
| 2 |
| (i) to any hotel, motel or restaurant whose principal | 3 |
| business is not
the sale of alcoholic liquors if said | 4 |
| retailer's sales of any alcoholic
liquors manufactured, sold, | 5 |
| distributed or controlled, directly or
indirectly, by any | 6 |
| affiliate, subsidiary, officer, associate, member,
partner, | 7 |
| representative, employee, agent or shareholder owning more | 8 |
| than 5%
of the outstanding shares of such person does not | 9 |
| exceed
10% of the total alcoholic liquor sales of said retail | 10 |
| licensee; and
| 11 |
| (ii) where the Commission determines, having considered | 12 |
| the public
welfare, the economic impact upon the State and the | 13 |
| entirety of the facts
and circumstances involved, that the | 14 |
| purpose and intent of this Section
would not be violated by | 15 |
| granting an exemption.
| 16 |
| (g) Notwithstanding any of the foregoing prohibitions, a | 17 |
| limited wine
manufacturer may sell at retail at its | 18 |
| manufacturing site for on or off
premises consumption and may | 19 |
| sell to distributors. A limited wine manufacturer licensee
| 20 |
| shall secure liquor liability insurance coverage in an amount
| 21 |
| at least equal to the maximum liability amounts set forth in
| 22 |
| subsection (a) of Section 6-21 of this Act.
| 23 |
| (Source: P.A. 95-634, eff. 6-1-08 .)".
|
|