Full Text of SB2797 99th General Assembly
SB2797eng 99TH GENERAL ASSEMBLY |
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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 Video Gaming
Act is amended by changing | 5 | | Section 5 as follows:
| 6 | | (230 ILCS 40/5)
| 7 | | Sec. 5. Definitions. As used in this Act:
| 8 | | "Board" means the Illinois Gaming Board.
| 9 | | "Credit" means one, 5, 10, or 25 cents either won or | 10 | | purchased by a player.
| 11 | | "Distributor" means an individual, partnership, | 12 | | corporation, or limited liability company licensed under
this | 13 | | Act to buy, sell, lease, or distribute video gaming terminals | 14 | | or major
components or parts of video gaming terminals to or | 15 | | from terminal
operators.
| 16 | | "Electronic card" means a card purchased from a licensed | 17 | | establishment, licensed fraternal establishment, licensed | 18 | | veterans establishment, or licensed truck stop establishment | 19 | | for use in that establishment as a substitute for cash in the | 20 | | conduct of gaming on a video gaming terminal. | 21 | | "Electronic voucher" means a voucher printed by an | 22 | | electronic video game machine that is redeemable in the | 23 | | licensed establishment for which it was issued. |
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| 1 | | "Terminal operator" means an individual, partnership, | 2 | | corporation, or limited liability company that is
licensed | 3 | | under this Act and that owns, services, and maintains video
| 4 | | gaming terminals for placement in licensed establishments, | 5 | | licensed truck stop establishments, licensed fraternal
| 6 | | establishments, or licensed veterans establishments.
| 7 | | "Licensed technician" means an individual
who
is licensed | 8 | | under this Act to repair,
service, and maintain
video gaming | 9 | | terminals.
| 10 | | "Licensed terminal handler" means a person, including but | 11 | | not limited to an employee or independent contractor working | 12 | | for a manufacturer, distributor, supplier, technician, or | 13 | | terminal operator, who is licensed under this Act to possess or | 14 | | control a video gaming terminal or to have access to the inner | 15 | | workings of a video gaming terminal. A licensed terminal | 16 | | handler does not include an individual, partnership, | 17 | | corporation, or limited liability company defined as a | 18 | | manufacturer, distributor, supplier, technician, or terminal | 19 | | operator under this Act. | 20 | | "Manufacturer" means an individual, partnership, | 21 | | corporation, or limited liability company that is
licensed | 22 | | under this Act and that manufactures or assembles video gaming
| 23 | | terminals.
| 24 | | "Supplier" means an individual, partnership, corporation, | 25 | | or limited liability company that is
licensed under this Act to | 26 | | supply major components or parts to video gaming
terminals to |
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| 1 | | licensed
terminal operators.
| 2 | | "Net terminal income" means money put into a video gaming | 3 | | terminal minus
credits paid out to players.
| 4 | | "Video gaming terminal" means any electronic video game | 5 | | machine
that, upon insertion of cash, electronic cards or | 6 | | vouchers, or any combination thereof, is available to play or | 7 | | simulate the play of
a video game, including but not limited to | 8 | | video poker, line up, and blackjack, as
authorized by the Board | 9 | | utilizing a video display and microprocessors in
which the | 10 | | player may receive free games or credits that can be
redeemed | 11 | | for cash. The term does not include a machine that directly
| 12 | | dispenses coins, cash, or tokens or is for amusement purposes | 13 | | only.
| 14 | | "Licensed establishment" means any licensed retail | 15 | | establishment , as described in subsection (d) of Section 5-1 of | 16 | | the Liquor Control Act of 1934, where
alcoholic liquor is | 17 | | drawn, poured, mixed, or otherwise served for consumption
on | 18 | | the premises, whether the establishment operates on a nonprofit | 19 | | or for-profit basis. "Licensed establishment" includes any | 20 | | such establishment that has a contractual relationship with an | 21 | | inter-track wagering location licensee licensed under the | 22 | | Illinois Horse Racing Act of 1975, provided any contractual | 23 | | relationship shall not include any transfer or offer of revenue | 24 | | from the operation of video gaming under this Act to any | 25 | | licensee licensed under the Illinois Horse Racing Act of 1975. | 26 | | Provided, however, that the licensed establishment that has |
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| 1 | | such a contractual relationship with an inter-track wagering | 2 | | location licensee may not, itself, be (i) an inter-track | 3 | | wagering location licensee, (ii) the corporate parent or | 4 | | subsidiary of any licensee licensed under the Illinois Horse | 5 | | Racing Act of 1975, or (iii) the corporate subsidiary of a | 6 | | corporation that is also the corporate parent or subsidiary of | 7 | | any licensee licensed under the Illinois Horse Racing Act of | 8 | | 1975. "Licensed establishment" does not include a facility | 9 | | operated by an organization licensee, an inter-track wagering | 10 | | licensee, or an inter-track wagering location licensee | 11 | | licensed under the Illinois Horse Racing Act of 1975 or a | 12 | | riverboat licensed under the Riverboat Gambling Act, except as | 13 | | provided in this paragraph. The changes made to this definition | 14 | | by Public Act 98-587 are declarative of existing law. "Licensed | 15 | | establishment" does not include the premises of any | 16 | | manufacturer's licensee, wine maker's premises licensee, or | 17 | | brew pub licensee licensed under the Liquor Control Act of | 18 | | 1934.
| 19 | | "Licensed fraternal establishment" means the location | 20 | | where a qualified
fraternal organization that derives its | 21 | | charter from a national fraternal
organization regularly | 22 | | meets.
| 23 | | "Licensed veterans establishment" means the location where | 24 | | a qualified
veterans organization that derives its charter from | 25 | | a national veterans
organization regularly meets.
| 26 | | "Licensed truck stop establishment" means a facility (i) |
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| 1 | | that is at least a
3-acre facility with a convenience store, | 2 | | (ii) with separate diesel
islands for fueling commercial motor | 3 | | vehicles, (iii) that sells at retail more than 10,000 gallons | 4 | | of diesel or biodiesel fuel per month, and (iv) with parking | 5 | | spaces for commercial
motor vehicles. "Commercial motor | 6 | | vehicles" has the same meaning as defined in Section 18b-101 of | 7 | | the Illinois Vehicle Code. The requirement of item (iii) of | 8 | | this paragraph may be met by showing that estimated future | 9 | | sales or past sales average at least 10,000 gallons per month.
| 10 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; | 11 | | 98-582, eff. 8-27-13; 98-587, eff. 8-27-13; 98-756, eff. | 12 | | 7-16-14.)
| 13 | | Section 10. The Liquor Control Act of 1934 is amended by | 14 | | changing Sections 5-1 and 6-4 as follows: | 15 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | 16 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control | 17 | | Commission
shall be of the following classes: | 18 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 19 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 20 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | 21 | | First Class Winemaker, Class 7. Second Class Winemaker, Class | 22 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | 23 | | 10. Class 1 Brewer, Class 11. Class 2 Brewer, | 24 | | (b) Distributor's license, |
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| 1 | | (c) Importing Distributor's license, | 2 | | (d) Retailer's license, | 3 | | (e) Special Event Retailer's license (not-for-profit), | 4 | | (f) Railroad license, | 5 | | (g) Boat license, | 6 | | (h) Non-Beverage User's license, | 7 | | (i) Wine-maker's premises license, | 8 | | (j) Airplane license, | 9 | | (k) Foreign importer's license, | 10 | | (l) Broker's license, | 11 | | (m) Non-resident dealer's
license, | 12 | | (n) Brew Pub license, | 13 | | (o) Auction liquor license, | 14 | | (p) Caterer retailer license, | 15 | | (q) Special use permit license, | 16 | | (r) Winery shipper's license.
| 17 | | No
person, firm, partnership, corporation, or other legal | 18 | | business entity that is
engaged in the manufacturing of wine | 19 | | may concurrently obtain and hold a
wine-maker's license and a | 20 | | wine manufacturer's license. | 21 | | (a) A manufacturer's license shall allow the manufacture,
| 22 | | importation in bulk, storage, distribution and sale of | 23 | | alcoholic liquor
to persons without the State, as may be | 24 | | permitted by law and to licensees
in this State as follows: | 25 | | Class 1. A Distiller may make sales and deliveries of | 26 | | alcoholic liquor to
distillers, rectifiers, importing |
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| 1 | | distributors, distributors and
non-beverage users and to no | 2 | | other licensees. | 3 | | Class 2. A Rectifier, who is not a distiller, as defined | 4 | | herein, may make
sales and deliveries of alcoholic liquor to | 5 | | rectifiers, importing distributors,
distributors, retailers | 6 | | and non-beverage users and to no other licensees. | 7 | | Class 3. A Brewer may make sales and deliveries of beer to | 8 | | importing
distributors and distributors and may make sales as | 9 | | authorized under subsection (e) of Section 6-4 of this Act. | 10 | | Class 4. A first class wine-manufacturer may make sales and | 11 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
| 12 | | importing
distributors and distributors, and to no other | 13 | | licensees. | 14 | | Class 5. A second class Wine manufacturer may make sales | 15 | | and deliveries
of more than 50,000 gallons of wine to | 16 | | manufacturers, importing distributors
and distributors and to | 17 | | no other licensees. | 18 | | Class 6. A first-class wine-maker's license shall allow the | 19 | | manufacture
of up to 50,000 gallons of wine per year, and the
| 20 | | storage
and sale of such
wine to distributors in the State and | 21 | | to persons without the
State, as may be permitted by law. A | 22 | | person who, prior to June 1, 2008 ( the effective date of Public | 23 | | Act 95-634) this amendatory Act of the 95th General Assembly , | 24 | | is a holder of a first-class wine-maker's license and annually | 25 | | produces more than 25,000 gallons of its own wine and who | 26 | | distributes its wine to licensed retailers shall cease this |
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| 1 | | practice on or before July 1, 2008 in compliance with Public | 2 | | Act 95-634 this amendatory Act of the 95th General Assembly . | 3 | | Class 7. A second-class wine-maker's license shall allow | 4 | | the manufacture
of between 50,000 and 150,000 gallons of wine | 5 | | per year, and
the
storage and sale of such wine
to distributors | 6 | | in this State and to persons without the State, as may be
| 7 | | permitted by law. A person who, prior to June 1, 2008 ( the | 8 | | effective date of Public Act 95-634) this amendatory Act of the | 9 | | 95th General Assembly , is a holder of a second-class | 10 | | wine-maker's license and annually produces more than 25,000 | 11 | | gallons of its own wine and who distributes its wine to | 12 | | licensed retailers shall cease this practice on or before July | 13 | | 1, 2008 in compliance with Public Act 95-634 this amendatory | 14 | | Act of 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 100,000 30,000 gallons of spirits by | 21 | | distillation for one year after the effective date of this | 22 | | amendatory Act of the 97th General Assembly and up to 35,000 | 23 | | gallons of spirits by distillation per year thereafter and the | 24 | | storage of such spirits. A craft distiller license holder may | 25 | | store such spirits at a non-contiguous licensed location, but | 26 | | at no time shall a craft distiller license holder, or any |
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| 1 | | subsidiary or affiliate thereof, or any officer, associate, | 2 | | member, partner, representative, employee, agent, or | 3 | | shareholder of that craft distiller license holder directly or | 4 | | indirectly produce in the aggregate more than 100,000 gallons | 5 | | of spirits per year. A craft distiller license holder shall not | 6 | | be affiliated with, directly or indirectly, any other alcoholic | 7 | | liquor manufacturer licensed by any licensing authority. A If a | 8 | | craft distiller licensee is not affiliated with any other | 9 | | manufacturer, then the craft distiller licensee may sell such | 10 | | spirits to distributors in this State and up to 2,500 gallons | 11 | | of such spirits to non-licensees to the extent permitted by any | 12 | | exemption approved by the Commission pursuant to Section 6-4 of | 13 | | this Act. | 14 | | Any craft distiller licensed under this Act who on July 28, | 15 | | 2010 ( the effective date of Public Act 96-1367) this amendatory | 16 | | Act of the 96th General Assembly was licensed as a distiller | 17 | | and manufactured no more spirits than permitted by this Section | 18 | | shall not be required to pay the initial licensing fee. | 19 | | Class 10. A class 1 brewer license, which may only be | 20 | | issued to a licensed brewer or licensed non-resident dealer, | 21 | | shall allow the manufacture of up to 930,000 gallons of beer | 22 | | per year provided that the class 1 brewer licensee does not | 23 | | manufacture more than a combined 930,000 gallons of beer per | 24 | | year and is not a member of or affiliated with, directly or | 25 | | indirectly, a manufacturer that produces more than 930,000 | 26 | | gallons of beer per year or any other alcoholic liquor. A class |
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| 1 | | 1 brewer licensee may make sales and deliveries to importing | 2 | | distributors and distributors and to retail licensees in | 3 | | accordance with the conditions set forth in paragraph (18) of | 4 | | subsection (a) of Section 3-12 of this Act. | 5 | | Class 11. A class 2 brewer license, which may only be | 6 | | issued to a licensed brewer or licensed non-resident dealer, | 7 | | shall allow the manufacture of up to 3,720,000 gallons of beer | 8 | | per year provided that the class 2 brewer licensee does not | 9 | | manufacture more than a combined 3,720,000 gallons of beer per | 10 | | year and is not a member of or affiliated with, directly or | 11 | | indirectly, a manufacturer that produces more than 3,720,000 | 12 | | gallons of beer per year or any other alcoholic liquor. A class | 13 | | 2 brewer licensee may make sales and deliveries to importing | 14 | | distributors and distributors, but shall not make sales or | 15 | | deliveries to any other licensee. If the State Commission | 16 | | provides prior approval, a class 2 brewer licensee may annually | 17 | | transfer up to 3,720,000 gallons of beer manufactured by that | 18 | | class 2 brewer licensee to the premises of a licensed class 2 | 19 | | brewer wholly owned and operated by the same licensee. | 20 | | (a-1) A manufacturer which is licensed in this State to | 21 | | make sales or
deliveries of alcoholic liquor to licensed | 22 | | distributors or importing distributors and which enlists | 23 | | agents, representatives, or
individuals acting on its behalf | 24 | | who contact licensed retailers on a regular
and continual basis | 25 | | in this State must register those agents, representatives,
or | 26 | | persons acting on its behalf with the State Commission. |
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| 1 | | Registration of agents, representatives, or persons acting | 2 | | on behalf of a
manufacturer is fulfilled by submitting a form | 3 | | to the Commission. The form
shall be developed by the | 4 | | Commission and shall include the name and address of
the | 5 | | applicant, the name and address of the manufacturer he or she | 6 | | represents,
the territory or areas assigned to sell to or | 7 | | discuss pricing terms of
alcoholic liquor, and any other | 8 | | questions deemed appropriate and necessary.
All statements in | 9 | | the forms required to be made by law or by rule shall be
deemed | 10 | | material, and any person who knowingly misstates any material | 11 | | fact under
oath in an application is guilty of a Class B | 12 | | misdemeanor. Fraud,
misrepresentation, false statements, | 13 | | misleading statements, evasions, or
suppression of material | 14 | | facts in the securing of a registration are grounds for
| 15 | | suspension or revocation of the registration. The State | 16 | | Commission shall post a list of registered agents on the | 17 | | Commission's website. | 18 | | (b) A distributor's license shall allow the wholesale | 19 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 20 | | liquors to licensees
in this State and to persons without the | 21 | | State, as may be permitted by law. | 22 | | (c) An importing distributor's license may be issued to and | 23 | | held by
those only who are duly licensed distributors, upon the | 24 | | filing of an
application by a duly licensed distributor, with | 25 | | the Commission and
the Commission shall, without the
payment of | 26 | | any fee, immediately issue such importing distributor's
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| 1 | | license to the applicant, which shall allow the importation of | 2 | | alcoholic
liquor by the licensee into this State from any point | 3 | | in the United
States outside this State, and the purchase of | 4 | | alcoholic liquor in
barrels, casks or other bulk containers and | 5 | | the bottling of such
alcoholic liquors before resale thereof, | 6 | | but all bottles or containers
so filled shall be sealed, | 7 | | labeled, stamped and otherwise made to comply
with all | 8 | | provisions, rules and regulations governing manufacturers in
| 9 | | the preparation and bottling of alcoholic liquors. The | 10 | | importing
distributor's license shall permit such licensee to | 11 | | purchase alcoholic
liquor from Illinois licensed non-resident | 12 | | dealers and foreign importers only. | 13 | | (d) A retailer's license shall allow the licensee to sell | 14 | | and offer
for sale at retail, only in the premises specified in | 15 | | the license,
alcoholic liquor for use or consumption, but not | 16 | | for resale in any form. Nothing in Public Act 95-634 this | 17 | | amendatory Act of the 95th General Assembly shall deny, limit, | 18 | | remove, or restrict the ability of a holder of a retailer's | 19 | | license to transfer, deliver, or ship alcoholic liquor to the | 20 | | purchaser for use or consumption subject to any applicable | 21 | | local law or ordinance. Any retail license issued to a | 22 | | manufacturer shall only
permit the manufacturer to sell beer at | 23 | | retail on the premises actually
occupied by the manufacturer. | 24 | | For the purpose of further describing the type of business | 25 | | conducted at a retail licensed premises, a retailer's licensee | 26 | | may be designated by the State Commission as (i) an on premise |
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| 1 | | consumption retailer, (ii) an off premise sale retailer, or | 2 | | (iii) a combined on premise consumption and off premise sale | 3 | | retailer.
| 4 | | Notwithstanding any other provision of this subsection | 5 | | (d), a retail
licensee may sell alcoholic liquors to a special | 6 | | event retailer licensee for
resale to the extent permitted | 7 | | under subsection (e). | 8 | | (e) A special event retailer's license (not-for-profit) | 9 | | shall permit the
licensee to purchase alcoholic liquors from an | 10 | | Illinois licensed distributor
(unless the licensee purchases | 11 | | less than $500 of alcoholic liquors for the
special event, in | 12 | | which case the licensee may purchase the alcoholic liquors
from | 13 | | a licensed retailer) and shall allow the licensee to sell and | 14 | | offer for
sale, at retail, alcoholic liquors for use or | 15 | | consumption, but not for resale
in any form and only at the | 16 | | location and on the specific dates designated for
the special | 17 | | event in the license. An applicant for a special event retailer
| 18 | | license must
(i) furnish with the application: (A) a resale | 19 | | number issued under Section
2c of the Retailers' Occupation Tax | 20 | | Act or evidence that the applicant is
registered under Section | 21 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 22 | | exemption identification
number issued under Section 1g of the | 23 | | Retailers' Occupation Tax Act, and a
certification to the | 24 | | Commission that the purchase of alcoholic liquors will be
a | 25 | | tax-exempt purchase, or (C) a statement that the applicant is | 26 | | not registered
under Section 2a of the Retailers' Occupation |
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| 1 | | Tax Act, does not hold a resale
number under Section 2c of the | 2 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 3 | | number under Section 1g of the Retailers' Occupation Tax
Act, | 4 | | in which event the Commission shall set forth on the special | 5 | | event
retailer's license a statement to that effect; (ii) | 6 | | submit with the application proof satisfactory to
the State | 7 | | Commission that the applicant will provide dram shop liability
| 8 | | insurance in the maximum limits; and (iii) show proof | 9 | | satisfactory to the
State Commission that the applicant has | 10 | | obtained local authority
approval. | 11 | | (f) A railroad license shall permit the licensee to import | 12 | | alcoholic
liquors into this State from any point in the United | 13 | | States outside this
State and to store such alcoholic liquors | 14 | | in this State; to make wholesale
purchases of alcoholic liquors | 15 | | directly from manufacturers, foreign
importers, distributors | 16 | | and importing distributors from within or outside
this State; | 17 | | and to store such alcoholic liquors in this State; provided
| 18 | | that the above powers may be exercised only in connection with | 19 | | the
importation, purchase or storage of alcoholic liquors to be | 20 | | sold or
dispensed on a club, buffet, lounge or dining car | 21 | | operated on an electric,
gas or steam railway in this State; | 22 | | and provided further, that railroad
licensees exercising the | 23 | | above powers shall be subject to all provisions of
Article VIII | 24 | | of this Act as applied to importing distributors. A railroad
| 25 | | license shall also permit the licensee to sell or dispense | 26 | | alcoholic
liquors on any club, buffet, lounge or dining car |
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| 1 | | operated on an electric,
gas or steam railway regularly | 2 | | operated by a common carrier in this State,
but shall not | 3 | | permit the sale for resale of any alcoholic liquors to any
| 4 | | licensee within this State. A license shall be obtained for | 5 | | each car in which
such sales are made. | 6 | | (g) A boat license shall allow the sale of alcoholic liquor | 7 | | in
individual drinks, on any passenger boat regularly operated | 8 | | as a common
carrier on navigable waters in this State or on any | 9 | | riverboat operated
under
the Riverboat Gambling Act, which boat | 10 | | or riverboat maintains a public
dining room or restaurant | 11 | | thereon. | 12 | | (h) A non-beverage user's license shall allow the licensee | 13 | | to
purchase alcoholic liquor from a licensed manufacturer or | 14 | | importing
distributor, without the imposition of any tax upon | 15 | | the business of such
licensed manufacturer or importing | 16 | | distributor as to such alcoholic
liquor to be used by such | 17 | | licensee solely for the non-beverage purposes
set forth in | 18 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 19 | | shall be divided and classified and shall permit the
purchase, | 20 | | possession and use of limited and stated quantities of
| 21 | | alcoholic liquor as follows: | 22 | | Class 1, not to exceed ......................... 500 gallons
| 23 | | Class 2, not to exceed ....................... 1,000 gallons
| 24 | | Class 3, not to exceed ....................... 5,000 gallons
| 25 | | Class 4, not to exceed ...................... 10,000 gallons
| 26 | | Class 5, not to exceed ....................... 50,000 gallons |
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| 1 | | (i) A wine-maker's premises license shall allow a
licensee | 2 | | that concurrently holds a first-class wine-maker's license to | 3 | | sell
and offer for sale at retail in the premises specified in | 4 | | such license
not more than 50,000 gallons of the first-class | 5 | | wine-maker's wine that is
made at the first-class wine-maker's | 6 | | licensed premises per year for use or
consumption, but not for | 7 | | resale in any form. A wine-maker's premises
license shall allow | 8 | | a licensee who concurrently holds a second-class
wine-maker's | 9 | | license to sell and offer for sale at retail in the premises
| 10 | | specified in such license up to 100,000 gallons of the
| 11 | | second-class wine-maker's wine that is made at the second-class | 12 | | wine-maker's
licensed premises per year
for use or consumption | 13 | | but not for resale in any form. A wine-maker's premises license | 14 | | shall allow a
licensee that concurrently holds a first-class | 15 | | wine-maker's license or a second-class
wine-maker's license to | 16 | | sell
and offer for sale at retail at the premises specified in | 17 | | the wine-maker's premises license, for use or consumption but | 18 | | not for resale in any form, any beer, wine, and spirits | 19 | | purchased from a licensed distributor. Upon approval from the
| 20 | | State Commission, a wine-maker's premises license
shall allow | 21 | | the licensee to sell and offer for sale at (i) the wine-maker's
| 22 | | licensed premises and (ii) at up to 2 additional locations for | 23 | | use and
consumption and not for resale. Each location shall | 24 | | require additional
licensing per location as specified in | 25 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
| 26 | | secure liquor liability insurance coverage in an amount at
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| 1 | | least equal to the maximum liability amounts set forth in
| 2 | | subsection (a) of Section 6-21 of this Act.
| 3 | | (j) An airplane license shall permit the licensee to import
| 4 | | alcoholic liquors into this State from any point in the United | 5 | | States
outside this State and to store such alcoholic liquors | 6 | | in this State; to
make wholesale purchases of alcoholic liquors | 7 | | directly from
manufacturers, foreign importers, distributors | 8 | | and importing
distributors from within or outside this State; | 9 | | and to store such
alcoholic liquors in this State; provided | 10 | | that the above powers may be
exercised only in connection with | 11 | | the importation, purchase or storage
of alcoholic liquors to be | 12 | | sold or dispensed on an airplane; and
provided further, that | 13 | | airplane licensees exercising the above powers
shall be subject | 14 | | to all provisions of Article VIII of this Act as
applied to | 15 | | importing distributors. An airplane licensee shall also
permit | 16 | | the sale or dispensing of alcoholic liquors on any passenger
| 17 | | airplane regularly operated by a common carrier in this State, | 18 | | but shall
not permit the sale for resale of any alcoholic | 19 | | liquors to any licensee
within this State. A single airplane | 20 | | license shall be required of an
airline company if liquor | 21 | | service is provided on board aircraft in this
State. The annual | 22 | | fee for such license shall be as determined in
Section 5-3. | 23 | | (k) A foreign importer's license shall permit such licensee | 24 | | to purchase
alcoholic liquor from Illinois licensed | 25 | | non-resident dealers only, and to
import alcoholic liquor other | 26 | | than in bulk from any point outside the
United States and to |
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| 1 | | sell such alcoholic liquor to Illinois licensed
importing | 2 | | distributors and to no one else in Illinois;
provided that (i) | 3 | | the foreign importer registers with the State Commission
every
| 4 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 5 | | licensees during the
license period, (ii) the foreign importer | 6 | | complies with all of the provisions
of Section
6-9 of this Act | 7 | | with respect to registration of such Illinois licensees as may
| 8 | | be granted the
right to sell such brands at wholesale, and | 9 | | (iii) the foreign importer complies with the provisions of | 10 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 11 | | provisions apply to manufacturers. | 12 | | (l) (i) A broker's license shall be required of all persons
| 13 | | who solicit
orders for, offer to sell or offer to supply | 14 | | alcoholic liquor to
retailers in the State of Illinois, or who | 15 | | offer to retailers to ship or
cause to be shipped or to make | 16 | | contact with distillers, rectifiers,
brewers or manufacturers | 17 | | or any other party within or without the State
of Illinois in | 18 | | order that alcoholic liquors be shipped to a distributor,
| 19 | | importing distributor or foreign importer, whether such | 20 | | solicitation or
offer is consummated within or without the | 21 | | State of Illinois. | 22 | | No holder of a retailer's license issued by the Illinois | 23 | | Liquor
Control Commission shall purchase or receive any | 24 | | alcoholic liquor, the
order for which was solicited or offered | 25 | | for sale to such retailer by a
broker unless the broker is the | 26 | | holder of a valid broker's license. |
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| 1 | | The broker shall, upon the acceptance by a retailer of the | 2 | | broker's
solicitation of an order or offer to sell or supply or | 3 | | deliver or have
delivered alcoholic liquors, promptly forward | 4 | | to the Illinois Liquor
Control Commission a notification of | 5 | | said transaction in such form as
the Commission may by | 6 | | regulations prescribe. | 7 | | (ii) A broker's license shall be required of
a person | 8 | | within this State, other than a retail licensee,
who, for a fee | 9 | | or commission, promotes, solicits, or accepts orders for
| 10 | | alcoholic liquor, for use or consumption and not for
resale, to | 11 | | be shipped from this State and delivered to residents outside | 12 | | of
this State by an express company, common carrier, or | 13 | | contract carrier.
This Section does not apply to any person who | 14 | | promotes, solicits, or accepts
orders for wine as specifically | 15 | | authorized in Section 6-29 of this Act. | 16 | | A broker's license under this subsection (l)
shall not | 17 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 18 | | own account or to take or deliver title to
such alcoholic | 19 | | liquors. | 20 | | This subsection (l)
shall not apply to distributors, | 21 | | employees of
distributors, or employees of a manufacturer who | 22 | | has registered the
trademark, brand or name of the alcoholic | 23 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 24 | | sells such alcoholic liquor
in the State of Illinois only to | 25 | | its registrants thereunder. | 26 | | Any agent, representative, or person subject to |
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| 1 | | registration pursuant to
subsection (a-1) of this Section shall | 2 | | not be eligible to receive a broker's
license. | 3 | | (m) A non-resident dealer's license shall permit such | 4 | | licensee to ship
into and warehouse alcoholic liquor into this | 5 | | State from any point
outside of this State, and to sell such | 6 | | alcoholic liquor to Illinois licensed
foreign importers and | 7 | | importing distributors and to no one else in this State;
| 8 | | provided that (i) said non-resident dealer shall register with | 9 | | the Illinois Liquor
Control Commission each and every brand of | 10 | | alcoholic liquor which it proposes
to sell to Illinois | 11 | | licensees during the license period, (ii) it shall comply with | 12 | | all of the provisions of Section 6-9 hereof with
respect to | 13 | | registration of such Illinois licensees as may be granted the | 14 | | right
to sell such brands at wholesale, and (iii) the | 15 | | non-resident dealer shall comply 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 | | (n) A brew pub license shall allow the licensee to only (i) | 19 | | manufacture up to 155,000 gallons of beer per year only
on the | 20 | | premises specified in the license, (ii) make sales of the
beer | 21 | | manufactured on the premises or, with the approval of the | 22 | | Commission, beer manufactured on another brew pub licensed | 23 | | premises that is wholly owned and operated by the same licensee | 24 | | to importing distributors, distributors,
and to non-licensees | 25 | | for use and consumption, (iii) store the beer upon
the | 26 | | premises, (iv) sell and offer for sale at retail from the |
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| 1 | | licensed
premises for off-premises
consumption no more than | 2 | | 155,000 gallons per year so long as such sales are only made | 3 | | in-person, (v) sell and offer for sale at retail for use and | 4 | | consumption on the premises specified in the license any form | 5 | | of alcoholic liquor purchased from a licensed distributor or | 6 | | importing distributor, and (vi) with the prior approval of the | 7 | | Commission, annually transfer no more than 155,000 gallons of | 8 | | beer manufactured on the premises to a licensed brew pub wholly | 9 | | owned and operated by the same licensee. | 10 | | A brew pub licensee shall not under any circumstance sell | 11 | | or offer for sale beer manufactured by the brew pub licensee to | 12 | | retail licensees. | 13 | | A person who holds a class 2 brewer license may | 14 | | simultaneously hold a brew pub license if the class 2 brewer | 15 | | (i) does not, under any circumstance, sell or offer for sale | 16 | | beer manufactured by the class 2 brewer to retail licensees; | 17 | | (ii) does not hold more than 3 brew pub licenses in this State; | 18 | | (iii) does not manufacture more than a combined 3,720,000 | 19 | | gallons of beer per year, including the beer manufactured at | 20 | | the brew pub; and (iv) is not a member of or affiliated with, | 21 | | directly or indirectly, a manufacturer that produces more than | 22 | | 3,720,000 gallons of beer per year or any other alcoholic | 23 | | liquor. | 24 | | Notwithstanding any other provision of this Act, a licensed | 25 | | brewer, class 2 brewer, or non-resident dealer who before July | 26 | | 1, 2015 manufactured less than than 3,720,000 gallons of beer |
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| 1 | | per year and held a brew pub license on or before July 1, 2015 | 2 | | may (i) continue to qualify for and hold that brew pub license | 3 | | for the licensed premises and (ii) manufacture more than | 4 | | 3,720,000 gallons of beer per year and continue to qualify for | 5 | | and hold that brew pub license if that brewer, class 2 brewer, | 6 | | or non-resident dealer does not simultaneously hold a class 1 | 7 | | brewer license and is not a member of or affiliated with, | 8 | | directly or indirectly, a manufacturer that produces more than | 9 | | 3,720,000 gallons of beer per year or that produces any other | 10 | | alcoholic liquor. | 11 | | (o) A caterer retailer license shall allow the holder
to | 12 | | serve alcoholic liquors as an incidental part of a food service | 13 | | that serves
prepared meals which excludes the serving of snacks | 14 | | as
the primary meal, either on or off-site whether licensed or | 15 | | unlicensed. | 16 | | (p) An auction liquor license shall allow the licensee to | 17 | | sell and offer
for sale at auction wine and spirits for use or | 18 | | consumption, or for resale by
an Illinois liquor licensee in | 19 | | accordance with provisions of this Act. An
auction liquor | 20 | | license will be issued to a person and it will permit the
| 21 | | auction liquor licensee to hold the auction anywhere in the | 22 | | State. An auction
liquor license must be obtained for each | 23 | | auction at least 14 days in advance of
the auction date. | 24 | | (q) A special use permit license shall allow an Illinois | 25 | | licensed
retailer to transfer a portion of its alcoholic liquor | 26 | | inventory from its
retail licensed premises to the premises |
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| 1 | | specified in the license hereby
created, and to sell or offer | 2 | | for sale at retail, only in the premises
specified in the | 3 | | license hereby created, the transferred alcoholic liquor for
| 4 | | use or consumption, but not for resale in any form. A special | 5 | | use permit
license may be granted for the following time | 6 | | periods: one day or less; 2 or
more days to a maximum of 15 days | 7 | | per location in any 12 month period. An
applicant for the | 8 | | special use permit license must also submit with the
| 9 | | application proof satisfactory to the State Commission that the | 10 | | applicant will
provide dram shop liability insurance to the | 11 | | maximum limits and have local
authority approval. | 12 | | (r) A winery shipper's license shall allow a person
with a | 13 | | first-class or second-class wine manufacturer's
license, a | 14 | | first-class or second-class wine-maker's license,
or a limited | 15 | | wine manufacturer's license or who is licensed to
make wine | 16 | | under the laws of another state to ship wine
made by that | 17 | | licensee directly to a resident of this
State who is 21 years | 18 | | of age or older for that resident's
personal use and not for | 19 | | resale. Prior to receiving a
winery shipper's license, an | 20 | | applicant for the license must
provide the Commission with a | 21 | | true copy of its current
license in any state in which it is | 22 | | licensed as a manufacturer
of wine. An applicant for a winery | 23 | | shipper's license must
also complete an application form that | 24 | | provides any other
information the Commission deems necessary. | 25 | | The
application form shall include an acknowledgement | 26 | | consenting
to the jurisdiction of the Commission, the Illinois
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| 1 | | Department of Revenue, and the courts of this State concerning
| 2 | | the enforcement of this Act and any related laws, rules, and
| 3 | | regulations, including authorizing the Department of Revenue
| 4 | | and the Commission to conduct audits for the purpose of
| 5 | | ensuring compliance with Public Act 95-634 this amendatory Act . | 6 | | A winery shipper licensee must pay to the Department
of | 7 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 8 | | all wine that is sold by the licensee and shipped to a person
| 9 | | in this State. For the purposes of Section 8-1, a winery
| 10 | | shipper licensee shall be taxed in the same manner as a
| 11 | | manufacturer of wine. A licensee who is not otherwise required | 12 | | to register under the Retailers' Occupation Tax Act must
| 13 | | register under the Use Tax Act to collect and remit use tax to
| 14 | | the Department of Revenue for all gallons of wine that are sold
| 15 | | by the licensee and shipped to persons in this State. If a
| 16 | | licensee fails to remit the tax imposed under this Act in
| 17 | | accordance with the provisions of Article VIII of this Act, the
| 18 | | winery shipper's license shall be revoked in accordance
with | 19 | | the provisions of Article VII of this Act. If a licensee
fails | 20 | | to properly register and remit tax under the Use Tax Act
or the | 21 | | Retailers' Occupation Tax Act for all wine that is sold
by the | 22 | | winery shipper and shipped to persons in this
State, the winery | 23 | | shipper's license shall be revoked in
accordance with the | 24 | | provisions of Article VII of this Act. | 25 | | A winery shipper licensee must collect, maintain, and
| 26 | | submit to the Commission on a semi-annual basis the
total |
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| 1 | | number of cases per resident of wine shipped to residents
of | 2 | | this State.
A winery shipper licensed under this subsection (r)
| 3 | | must comply with the requirements of Section 6-29 of this | 4 | | amendatory Act. | 5 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 6 | | Section 3-12, the State Commission may receive, respond to, and | 7 | | investigate any complaint and impose any of the remedies | 8 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 9 | | (Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13; | 10 | | 98-756, eff. 7-16-14; 99-448, eff. 8-24-15; revised 10-27-15.)
| 11 | | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| 12 | | Sec. 6-4. (a) No person licensed by any licensing authority | 13 | | as a
distiller, or a wine manufacturer, or any subsidiary or | 14 | | affiliate
thereof, or any officer, associate, member, partner, | 15 | | representative,
employee, agent or shareholder owning more | 16 | | than 5% of the outstanding
shares of such person shall be | 17 | | issued an importing distributor's or
distributor's license, | 18 | | nor shall any person licensed by any licensing
authority as an | 19 | | importing distributor, distributor or retailer, or any
| 20 | | subsidiary or affiliate thereof, or any officer or associate, | 21 | | member,
partner, representative, employee, agent or | 22 | | shareholder owning more than
5% of the outstanding shares of | 23 | | such person be issued a distiller's
license , craft distiller's | 24 | | license, or a wine manufacturer's license; and no person or | 25 | | persons
licensed as a distiller or craft distiller by any |
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| 1 | | licensing authority shall have any
interest, directly or | 2 | | indirectly, with such distributor or importing
distributor.
| 3 | | However, an importing distributor or distributor, which on | 4 | | January
1, 1985 is owned by a brewer, or any subsidiary or | 5 | | affiliate thereof or any
officer, associate, member, partner, | 6 | | representative, employee, agent or
shareholder owning more | 7 | | than 5% of the outstanding shares of the importing
distributor | 8 | | or distributor referred to in this paragraph, may own or
| 9 | | acquire an ownership interest of more than 5% of the | 10 | | outstanding shares of
a wine manufacturer and be issued a wine
| 11 | | manufacturer's license by any licensing authority.
| 12 | | (b) The foregoing provisions shall not apply to any person | 13 | | licensed
by any licensing authority as a distiller or wine | 14 | | manufacturer, or to
any subsidiary or affiliate of any | 15 | | distiller or wine manufacturer who
shall have been heretofore | 16 | | licensed by the State Commission as either an
importing | 17 | | distributor or distributor during the annual licensing period
| 18 | | expiring June 30, 1947, and shall actually have made sales | 19 | | regularly to
retailers.
| 20 | | (c) Provided, however, that in such instances where a | 21 | | distributor's
or importing distributor's license has been | 22 | | issued to any distiller or
wine manufacturer or to any | 23 | | subsidiary or affiliate of any distiller or
wine manufacturer | 24 | | who has, during the licensing period ending June 30,
1947, sold | 25 | | or distributed as such licensed distributor or importing
| 26 | | distributor alcoholic liquors and wines to retailers, such |
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| 1 | | distiller or
wine manufacturer or any subsidiary or affiliate | 2 | | of any distiller or
wine manufacturer holding such | 3 | | distributor's or importing distributor's
license may continue | 4 | | to sell or distribute to retailers such alcoholic
liquors and | 5 | | wines which are manufactured, distilled, processed or
marketed | 6 | | by distillers and wine manufacturers whose products it sold or
| 7 | | distributed to retailers during the whole or any part of its | 8 | | licensing
periods; and such additional brands and additional | 9 | | products may be added
to the line of such distributor or | 10 | | importing distributor, provided, that
such brands and such | 11 | | products were not sold or distributed by any
distributor or | 12 | | importing distributor licensed by the State Commission
during | 13 | | the licensing period ending June 30, 1947, but can not sell or
| 14 | | distribute to retailers any other alcoholic liquors or wines.
| 15 | | (d) It shall be unlawful for any distiller licensed | 16 | | anywhere to have
any stock ownership or interest in any | 17 | | distributor's or importing
distributor's license wherein any | 18 | | other person has an interest therein
who is not a distiller and | 19 | | does not own more than 5% of any stock in any
distillery. | 20 | | Nothing herein contained shall apply to such distillers or
| 21 | | their subsidiaries or affiliates, who had a distributor's or | 22 | | importing
distributor's license during the licensing period | 23 | | ending June 30, 1947,
which license was owned in whole by such | 24 | | distiller, or subsidiaries or
affiliates of such distiller.
| 25 | | (e) Any person licensed as a brewer, class 1 brewer, or | 26 | | class 2 brewer shall be
permitted to sell on the licensed |
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| 1 | | premises to non-licensees for on or off-premises consumption | 2 | | for the premises in which he
or she actually conducts such | 3 | | business beer manufactured by the brewer, class 1 brewer, or | 4 | | class 2 brewer. Such sales shall be limited to on-premises, | 5 | | in-person sales only, for lawful consumption on or off | 6 | | premises. Such authorization shall be considered a privilege | 7 | | granted by the brewer license and, other than a manufacturer of | 8 | | beer
as stated above, no manufacturer or distributor or | 9 | | importing
distributor, 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, employee or agent, or
| 13 | | shareholder shall be issued a retailer's license, nor shall any | 14 | | person
having a retailer's license, excluding airplane | 15 | | licensees exercising powers
provided in paragraph (i) of | 16 | | Section 5-1 of this
Act, or any subsidiary or affiliate | 17 | | thereof, or
any officer, associate, member, partner, | 18 | | representative or agent, or
shareholder be issued a | 19 | | manufacturer's license or importing distributor's
license.
| 20 | | A person who holds a class 1 or class 2 brewer license and | 21 | | is authorized by this Section to sell beer to non-licensees | 22 | | shall not sell beer to non-licensees from more than 3 total | 23 | | brewer or commonly owned brew pub licensed locations in this | 24 | | State. The class 1 or class 2 brewer shall designate to the | 25 | | State Commission the brewer or brew pub locations from which it | 26 | | will sell beer to non-licensees. |
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| 1 | | A person licensed as a craft distiller not affiliated with | 2 | | any other person manufacturing spirits may be authorized by the | 3 | | Commission to sell up to 2,500 gallons of spirits produced by | 4 | | the person to non-licensees for on or off-premises consumption | 5 | | for the premises in which he or she actually conducts business | 6 | | permitting only the retail sale of spirits manufactured at such | 7 | | premises. Such sales shall be limited to on-premises, in-person | 8 | | sales only, for lawful consumption on or off premises, and such | 9 | | authorization shall be considered a privilege granted by the | 10 | | craft distiller license. A craft distiller licensed for retail | 11 | | sale shall secure liquor liability insurance coverage in an | 12 | | amount at least equal to the maximum liability amounts set | 13 | | forth in subsection (a) of Section 6-21 of this Act. | 14 | | A craft distiller license holder shall not deliver any | 15 | | alcoholic liquor to any non-licensee off the licensed premises. | 16 | | A craft distiller shall affirm in its annual craft distiller's | 17 | | license application that it does not produce more than 100,000 | 18 | | gallons of distilled spirits annually and that the craft | 19 | | distiller does not sell more than 2,500 gallons of spirits to | 20 | | non-licensees for on or off-premises consumption. In the | 21 | | application, which shall be sworn under penalty of perjury, the | 22 | | craft distiller shall state the volume of production and sales | 23 | | for each year since the craft distiller's establishment. | 24 | | (f) (Blank).
| 25 | | (g) Notwithstanding any of the foregoing prohibitions, a | 26 | | limited wine
manufacturer may sell at retail at its |
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| 1 | | manufacturing site for on or off
premises consumption and may | 2 | | sell to distributors. A limited wine manufacturer licensee
| 3 | | shall secure liquor liability insurance coverage in an amount
| 4 | | at least equal to the maximum liability amounts set forth in
| 5 | | subsection (a) of Section 6-21 of this Act.
| 6 | | (h) The changes made to this Section by Public Act 99-47 | 7 | | this amendatory Act of the 99th General Assembly shall not | 8 | | diminish or impair the rights of any person, whether a | 9 | | distiller, wine manufacturer, agent, or affiliate thereof, who | 10 | | requested in writing and submitted documentation to the State | 11 | | Commission on or before February 18, 2015 to be approved for a | 12 | | retail license pursuant to what has heretofore been subsection | 13 | | (f); provided that, on or before that date, the State | 14 | | Commission considered the intent of that person to apply for | 15 | | the retail license under that subsection and, by recorded vote, | 16 | | the State Commission approved a resolution indicating that such | 17 | | a license application could be lawfully approved upon that | 18 | | person duly filing a formal application for a retail license | 19 | | and if that person, within 90 days of the State Commission | 20 | | appearance and recorded vote, first filed an application with | 21 | | the appropriate local commission, which application was | 22 | | subsequently approved by the appropriate local commission | 23 | | prior to consideration by the State Commission of that person's | 24 | | application for a retail license. It is further provided that | 25 | | the State Commission may approve the person's application for a | 26 | | retail license or renewals of such license if such person |
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| 1 | | continues to diligently adhere to all representations made in | 2 | | writing to the State Commission on or before February 18, 2015, | 3 | | or thereafter, or in the affidavit filed by that person with | 4 | | the State Commission to support the issuance of a retail | 5 | | license and to abide by all applicable laws and duly adopted | 6 | | rules. | 7 | | (Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15; | 8 | | revised 10-30-15.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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