Full Text of SB1782 97th General Assembly
SB1782 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1782 Introduced 2/9/2011, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED: |
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235 ILCS 5/6-4 | from Ch. 43, par. 121 |
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Amends the Liquor Control Act of 1934. Specifies that any person having been licensed as a manufacturer shall be
permitted to receive one retailer's license for the premises in which he
or she actually conducts such business, permitting only the retail sale of beer manufactured at such premises and only on
such premises. Effective immediately.
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| | A BILL FOR |
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| | | SB1782 | | LRB097 06715 ASK 46802 b |
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| 1 | | AN ACT concerning liquor.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Section 6-4 as follows:
| 6 | | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| 7 | | Sec. 6-4. (a) No person licensed by any licensing authority | 8 | | as a
distiller, or a wine manufacturer, or any subsidiary or | 9 | | affiliate
thereof, or any officer, associate, member, partner, | 10 | | representative,
employee, agent or shareholder owning more | 11 | | than 5% of the outstanding
shares of such person shall be | 12 | | issued an importing distributor's or
distributor's license, | 13 | | nor shall any person licensed by any licensing
authority as an | 14 | | importing distributor, distributor or retailer, or any
| 15 | | subsidiary or affiliate thereof, or any officer or associate, | 16 | | member,
partner, representative, employee, agent or | 17 | | shareholder owning more than
5% of the outstanding shares of | 18 | | such person be issued a distiller's
license or a wine | 19 | | manufacturer's license; and no person or persons
licensed as a | 20 | | distiller by any licensing authority shall have any
interest, | 21 | | directly or indirectly, with such distributor or importing
| 22 | | distributor.
| 23 | | However, an importing distributor or distributor, which on |
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| 1 | | January
1, 1985 is owned by a brewer, or any subsidiary or | 2 | | affiliate thereof or any
officer, associate, member, partner, | 3 | | representative, employee, agent or
shareholder owning more | 4 | | than 5% of the outstanding shares of the importing
distributor | 5 | | or distributor referred to in this paragraph, may own or
| 6 | | acquire an ownership interest of more than 5% of the | 7 | | outstanding shares of
a wine manufacturer and be issued a wine
| 8 | | manufacturer's license by any licensing authority.
| 9 | | (b) The foregoing provisions shall not apply to any person | 10 | | licensed
by any licensing authority as a distiller or wine | 11 | | manufacturer, or to
any subsidiary or affiliate of any | 12 | | distiller or wine manufacturer who
shall have been heretofore | 13 | | licensed by the State Commission as either an
importing | 14 | | distributor or distributor during the annual licensing period
| 15 | | expiring June 30, 1947, and shall actually have made sales | 16 | | regularly to
retailers.
| 17 | | (c) Provided, however, that in such instances where a | 18 | | distributor's
or importing distributor's license has been | 19 | | issued to any distiller or
wine manufacturer or to any | 20 | | subsidiary or affiliate of any distiller or
wine manufacturer | 21 | | who has, during the licensing period ending June 30,
1947, sold | 22 | | or distributed as such licensed distributor or importing
| 23 | | distributor alcoholic liquors and wines to retailers, such | 24 | | distiller or
wine manufacturer or any subsidiary or affiliate | 25 | | of any distiller or
wine manufacturer holding such | 26 | | distributor's or importing distributor's
license may continue |
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| 1 | | to sell or distribute to retailers such alcoholic
liquors and | 2 | | wines which are manufactured, distilled, processed or
marketed | 3 | | by distillers and wine manufacturers whose products it sold or
| 4 | | distributed to retailers during the whole or any part of its | 5 | | licensing
periods; and such additional brands and additional | 6 | | products may be added
to the line of such distributor or | 7 | | importing distributor, provided, that
such brands and such | 8 | | products were not sold or distributed by any
distributor or | 9 | | importing distributor licensed by the State Commission
during | 10 | | the licensing period ending June 30, 1947, but can not sell or
| 11 | | distribute to retailers any other alcoholic liquors or wines.
| 12 | | (d) It shall be unlawful for any distiller licensed | 13 | | anywhere to have
any stock ownership or interest in any | 14 | | distributor's or importing
distributor's license wherein any | 15 | | other person has an interest therein
who is not a distiller and | 16 | | does not own more than 5% of any stock in any
distillery. | 17 | | Nothing herein contained shall apply to such distillers or
| 18 | | their subsidiaries or affiliates, who had a distributor's or | 19 | | importing
distributor's license during the licensing period | 20 | | ending June 30, 1947,
which license was owned in whole by such | 21 | | distiller, or subsidiaries or
affiliates of such distiller.
| 22 | | (e) Any person having been licensed as a manufacturer shall | 23 | | be
permitted to receive one retailer's license for the premises | 24 | | in which he
or she actually conducts such business, permitting | 25 | | only the retail sale of beer manufactured at such premises and | 26 | | only on
such premises, but no such person shall be entitled to |
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| 1 | | more than one
retailer's license in any event, and, other than | 2 | | a manufacturer of beer
as stated above, no manufacturer or | 3 | | distributor or importing
distributor, excluding airplane | 4 | | licensees exercising powers provided in
paragraph (i) of | 5 | | Section 5-1 of this Act, or any subsidiary or affiliate
| 6 | | thereof, or any officer,
associate, member, partner, | 7 | | representative, employee or agent, or
shareholder shall be | 8 | | issued a retailer's license, nor shall any person
having a | 9 | | retailer's license, excluding airplane licensees exercising | 10 | | powers
provided in paragraph (i) of Section 5-1 of this
Act, or | 11 | | any subsidiary or affiliate thereof, or
any officer, associate, | 12 | | member, partner, representative or agent, or
shareholder be | 13 | | issued a manufacturer's license or importing distributor's
| 14 | | license.
| 15 | | A person licensed as a craft distiller not affiliated with | 16 | | any other person manufacturing spirits may be permitted to | 17 | | receive one retailer's license for the premises in which he or | 18 | | she actually conducts business permitting only the retail sale | 19 | | of spirits manufactured at such premises. Such sales shall be | 20 | | limited to on-premises, in-person sales only, for lawful | 21 | | consumption on or off premises. A craft distiller licensed for | 22 | | retail sale shall secure liquor liability insurance coverage in | 23 | | an 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 |
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| 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, | 5 | | sold, distributed or controlled, directly or
indirectly, | 6 | | by any affiliate, subsidiary, officer, associate, member,
| 7 | | partner, representative, employee, agent or shareholder | 8 | | owning more than 5%
of the outstanding shares of such | 9 | | person does not exceed
10% of the total alcoholic liquor | 10 | | sales of said retail licensee; and
| 11 | | (ii) where the Commission determines, having | 12 | | considered the public
welfare, the economic impact upon the | 13 | | State and the entirety of the facts
and circumstances | 14 | | involved, that the purpose and intent of this Section
would | 15 | | not be violated by 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; 96-1367, eff. 7-28-10.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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