Full Text of HB4589 99th General Assembly
HB4589 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4589 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
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Amends the Liquor Control Act of 1934. In a provision that authorizes a person to make homemade brewed beverages without a license under the Act, adds a requirement that the person who purchases the apparatus or equipment used to produce the homemade brewed beverages must be 21 years of age or older. Effective immediately.
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| | A BILL FOR |
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| | | HB4589 | | LRB099 18156 RPS 42523 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 6-36 as follows: | 6 | | (235 ILCS 5/6-36) | 7 | | Sec. 6-36. Homemade brewed beverages. | 8 | | (a) No license or permit is required under this Act for the | 9 | | making of homemade brewed beverages or for the possession, | 10 | | transportation, or storage of homemade brewed beverages by any | 11 | | person 21 years of age or older, if all of the following apply: | 12 | | (1) the person who makes the homemade brewed beverages | 13 | | receives no compensation; | 14 | | (2) the homemade brewed beverages are not sold or | 15 | | offered for sale; and | 16 | | (3) the total quantity of homemade brewed beverages | 17 | | made, in a calendar year, by the person does not exceed 100 | 18 | | gallons if the household has only one person 21 years of | 19 | | age or older or 200 gallons if the household has 2 or more | 20 | | persons 21 years of age or older ; and . | 21 | | (4) the person who purchases the apparatus or equipment | 22 | | used to produce the homemade brewed beverages is 21 years | 23 | | of age or older. |
| | | HB4589 | - 2 - | LRB099 18156 RPS 42523 b |
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| 1 | | (b) A person who makes, possesses, transports, or stores | 2 | | homemade brewed beverages in compliance with the limitations | 3 | | specified in subsection (a) is not a brewer, class 1 brewer, | 4 | | class 2 brewer, wholesaler, retailer, or a manufacturer of beer | 5 | | for the purposes of this Act. | 6 | | (c) Homemade brewed beverages made in compliance with the | 7 | | limitations specified in subsection (a) may be consumed by the | 8 | | person who made it and his or her family, neighbors, and | 9 | | friends at any private residence or other private location | 10 | | where the possession and consumption of alcohol are permissible | 11 | | under this Act, local ordinances, and other applicable law, | 12 | | provided that the homemade brewed beverages are not made | 13 | | available for consumption by the general public. | 14 | | (d) Homemade brewed beverages made in compliance with the | 15 | | limitations specified in subsection (a) may be used for | 16 | | purposes of a public exhibition, demonstration, tasting, or | 17 | | sampling with sampling sizes as authorized by Section 6-31, if | 18 | | the event is held at a private residence or at a location other | 19 | | than a retail licensed premises. If the public event is not | 20 | | held at a private residence, the event organizer shall obtain a | 21 | | homebrewer special event permit for each location, and is | 22 | | subject to the provisions in subsection (a) of Section 6-21. | 23 | | Homemade brewed beverages used for purposes described in this | 24 | | subsection (d), including the submission or consumption of the | 25 | | homemade brewed beverages, are not considered sold or offered | 26 | | for sale under this Act. A public exhibition, demonstration, |
| | | HB4589 | - 3 - | LRB099 18156 RPS 42523 b |
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| 1 | | tasting, or sampling with sampling sizes as authorized by | 2 | | Section 6-31 held by a licensee on a location other than a | 3 | | retail licensed premises may require an admission charge to the | 4 | | event, but no separate or additional fee may be charged for the | 5 | | consumption of a person's homemade brewed beverages at the | 6 | | public exhibition, demonstration, tasting, or sampling with | 7 | | sampling sizes as authorized by Section 6-31. Event admission | 8 | | charges that are collected may be partially used to provide | 9 | | prizes to makers of homemade brewed beverages, but the | 10 | | admission charges may not be divided in any fashion among the | 11 | | makers of the homemade brewed beverages who participate in the | 12 | | event. Homemade brewed beverages used for purposes described in | 13 | | this subsection (d) are not considered sold or offered for sale | 14 | | under this Act if a maker of homemade brewed beverages receives | 15 | | free event admission or discounted event admission in return | 16 | | for the maker's donation of the homemade brewed beverages to an | 17 | | event specified in this subsection (d) that collects event | 18 | | admission charges; free admission or discounted admission to | 19 | | the event is not considered compensation under this Act. No | 20 | | admission fee and no charge for the consumption of a person's | 21 | | homemade brewed beverage may be collected if the public | 22 | | exhibition, demonstration, tasting, or sampling with sampling | 23 | | sizes as authorized by Section 6-31 is held at a private | 24 | | residence. | 25 | | (e) A person who is not a licensee under this Act may at a | 26 | | private residence, and a person who is a licensee under this |
| | | HB4589 | - 4 - | LRB099 18156 RPS 42523 b |
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| 1 | | Act may on the licensed premises, conduct, sponsor, or host a | 2 | | contest, competition, or other event for the exhibition, | 3 | | demonstration, judging, tasting, or sampling of homemade | 4 | | brewed beverages made in compliance with the limitations | 5 | | specified in subsection (a), if the person does not sell the | 6 | | homemade brewed beverages and, unless the person is the brewer | 7 | | of the homemade brewed beverages, does not acquire any | 8 | | ownership interest in the homemade brewed beverages. If the | 9 | | contest, competition, exhibition, demonstration, or judging is | 10 | | not held at a private residence, the consumption of the | 11 | | homemade brewed beverages is limited to qualified judges and | 12 | | stewards as defined by a national or international beer judging | 13 | | program, who are identified by the event organizer in advance | 14 | | of the contest, competition, exhibition, demonstration, or | 15 | | judging. Homemade brewed beverages used for the purposes | 16 | | described in this subsection (e), including the submission or | 17 | | consumption of the homemade brewed beverages, are not | 18 | | considered sold or offered for sale under this Act and any | 19 | | prize awarded at a contest or competition or as a result of an | 20 | | exhibition, demonstration, or judging is not considered | 21 | | compensation under this Act. An exhibition, demonstration, | 22 | | judging, contest, or competition held by a licensee on a | 23 | | licensed premises may require an admission charge to the event, | 24 | | but no separate or additional fee may be charged for the | 25 | | consumption of a person's homemade brewed beverage at the | 26 | | exhibition, demonstration, judging, contest, or competition. A |
| | | HB4589 | - 5 - | LRB099 18156 RPS 42523 b |
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| 1 | | portion of event admission charges that are collected may be | 2 | | used to provide prizes to makers of homemade brewed beverages, | 3 | | but the admission charges may not be divided in any fashion | 4 | | among the makers of the homemade brewed beverages who | 5 | | participate in the event. Homemade brewed beverages used for | 6 | | purposes described in this subsection (e) are not considered | 7 | | sold or offered for sale under this Act if a maker of homemade | 8 | | brewed beverages receives free event admission or discounted | 9 | | event admission in return for the maker's donation of the | 10 | | homemade brewed beverages to an event specified in this | 11 | | subsection (e) that collects event admission charges; free | 12 | | admission or discounted admission to the event is not | 13 | | considered compensation under this Act. No admission fee and no | 14 | | charge for the consumption of a person's homemade brewed | 15 | | beverage may be charged if the exhibition, demonstration, | 16 | | judging, contest, or competition is held at a private | 17 | | residence. The fact that a person is acting in a manner | 18 | | authorized by this Section is not, by itself, sufficient to | 19 | | constitute a public nuisance under Section 10-7 of this Act. If | 20 | | the contest, competition, or other event is held on licensed | 21 | | premises, the licensee may allow the homemade brewed beverages | 22 | | to be stored on the premises if the homemade brewed beverages | 23 | | are clearly identified and kept separate from any alcohol | 24 | | beverages owned by the licensee. If the contest, competition, | 25 | | or other event is held on licensed premises, other provisions | 26 | | of this Act not inconsistent with this Section apply. |
| | | HB4589 | - 6 - | LRB099 18156 RPS 42523 b |
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| 1 | | (f) A commercial enterprise engaged primarily in selling | 2 | | supplies and equipment to the public for use by homebrewers may | 3 | | manufacture homemade brewed beverages for the purpose of | 4 | | tasting the homemade brewed beverages at the location of the | 5 | | commercial enterprise, provided that the homemade brewed | 6 | | beverages are not sold or offered for sale. Homemade brewed | 7 | | beverages provided at a commercial enterprise for tasting under | 8 | | this subsection (f) shall be in compliance with Sections 6-16, | 9 | | 6-21, and 6-31 of this Act. A commercial enterprise engaged | 10 | | solely in selling supplies and equipment for use by homebrewers | 11 | | shall not be required to secure a license under this Act, | 12 | | however, such commercial enterprise shall secure liquor | 13 | | liability insurance coverage in an amount at least equal to the | 14 | | maximum liability amounts set forth in subsection (a) of | 15 | | Section 6-21 of this Act. | 16 | | (g) Homemade brewed beverages are not subject to Section | 17 | | 8-1 of this Act.
| 18 | | (Source: P.A. 98-55, eff. 7-5-13; 99-78, eff. 7-20-15; 99-448, | 19 | | eff. 8-24-15.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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