Full Text of SB2989 99th General Assembly
SB2989enr 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 Liquor Control Act of 1934 is amended by | 5 | | changing Sections 5-1, 5-3, 6-29.1, and 10-1 as follows: | 6 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | 7 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control | 8 | | Commission
shall be of the following classes: | 9 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 10 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 11 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | 12 | | First Class Winemaker, Class 7. Second Class Winemaker, Class | 13 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | 14 | | 10. Class 1 Brewer, Class 11. Class 2 Brewer, | 15 | | (b) Distributor's license, | 16 | | (c) Importing Distributor's license, | 17 | | (d) Retailer's license, | 18 | | (e) Special Event Retailer's license (not-for-profit), | 19 | | (f) Railroad license, | 20 | | (g) Boat license, | 21 | | (h) Non-Beverage User's license, | 22 | | (i) Wine-maker's premises license, | 23 | | (j) Airplane license, |
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| 1 | | (k) Foreign importer's license, | 2 | | (l) Broker's license, | 3 | | (m) Non-resident dealer's
license, | 4 | | (n) Brew Pub license, | 5 | | (o) Auction liquor license, | 6 | | (p) Caterer retailer license, | 7 | | (q) Special use permit license, | 8 | | (r) Winery shipper's license.
| 9 | | No
person, firm, partnership, corporation, or other legal | 10 | | business entity that is
engaged in the manufacturing of wine | 11 | | may concurrently obtain and hold a
wine-maker's license and a | 12 | | wine manufacturer's license. | 13 | | (a) A manufacturer's license shall allow the manufacture,
| 14 | | importation in bulk, storage, distribution and sale of | 15 | | alcoholic liquor
to persons without the State, as may be | 16 | | permitted by law and to licensees
in this State as follows: | 17 | | Class 1. A Distiller may make sales and deliveries of | 18 | | alcoholic liquor to
distillers, rectifiers, importing | 19 | | distributors, distributors and
non-beverage users and to no | 20 | | other licensees. | 21 | | Class 2. A Rectifier, who is not a distiller, as defined | 22 | | herein, may make
sales and deliveries of alcoholic liquor to | 23 | | rectifiers, importing distributors,
distributors, retailers | 24 | | and non-beverage users and to no other licensees. | 25 | | Class 3. A Brewer may make sales and deliveries of beer to | 26 | | importing
distributors and distributors and may make sales as |
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| 1 | | authorized under subsection (e) of Section 6-4 of this Act. | 2 | | Class 4. A first class wine-manufacturer may make sales and | 3 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
| 4 | | importing
distributors and distributors, and to no other | 5 | | licensees. | 6 | | Class 5. A second class Wine manufacturer may make sales | 7 | | and deliveries
of more than 50,000 gallons of wine to | 8 | | manufacturers, importing distributors
and distributors and to | 9 | | no other licensees. | 10 | | Class 6. A first-class wine-maker's license shall allow the | 11 | | manufacture
of up to 50,000 gallons of wine per year, and the
| 12 | | storage
and sale of such
wine to distributors in the State and | 13 | | to persons without the
State, as may be permitted by law. A | 14 | | person who, prior to June 1, 2008 ( the effective date of Public | 15 | | Act 95-634) this amendatory Act of the 95th General Assembly , | 16 | | is a holder of a first-class wine-maker's license and annually | 17 | | produces more than 25,000 gallons of its own wine and who | 18 | | distributes its wine to licensed retailers shall cease this | 19 | | practice on or before July 1, 2008 in compliance with Public | 20 | | Act 95-634 this amendatory Act of the 95th General Assembly . | 21 | | Class 7. A second-class wine-maker's license shall allow | 22 | | the manufacture
of between 50,000 and 150,000 gallons of wine | 23 | | per year, and
the
storage and sale of such wine
to distributors | 24 | | in this State and to persons without the State, as may be
| 25 | | permitted by law. A person who, prior to June 1, 2008 ( the | 26 | | effective date of Public Act 95-634) this amendatory Act of the |
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| 1 | | 95th General Assembly , is a holder of a second-class | 2 | | wine-maker's license and annually produces more than 25,000 | 3 | | gallons of its own wine and who distributes its wine to | 4 | | licensed retailers shall cease this practice on or before July | 5 | | 1, 2008 in compliance with Public Act 95-634 this amendatory | 6 | | Act of the 95th General Assembly . | 7 | | Class 8. A limited wine-manufacturer may make sales and | 8 | | deliveries not to
exceed 40,000 gallons of wine per year to | 9 | | distributors, and to
non-licensees in accordance with the | 10 | | provisions of this Act. | 11 | | Class 9. A craft distiller license shall allow the | 12 | | manufacture of up to 30,000 gallons of spirits by distillation | 13 | | for one year after March 1, 2013 ( the effective date of Public | 14 | | Act 97-1166) this amendatory Act of the 97th General Assembly | 15 | | and up to 35,000 gallons of spirits by distillation per year | 16 | | thereafter and the storage of such spirits. If a craft | 17 | | distiller licensee is not affiliated with any other | 18 | | manufacturer, then the craft distiller licensee may sell such | 19 | | spirits to distributors in this State and up to 2,500 gallons | 20 | | of such spirits to non-licensees to the extent permitted by any | 21 | | exemption approved by the Commission pursuant to Section 6-4 of | 22 | | this Act. | 23 | | Any craft distiller licensed under this Act who on July 28, | 24 | | 2010 ( the effective date of Public Act 96-1367) this amendatory | 25 | | Act of the 96th General Assembly was licensed as a distiller | 26 | | and manufactured no more spirits than permitted by this Section |
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| 1 | | shall not be required to pay the initial licensing fee. | 2 | | Class 10. A class 1 brewer license, which may only be | 3 | | issued to a licensed brewer or licensed non-resident dealer, | 4 | | shall allow the manufacture of up to 930,000 gallons of beer | 5 | | per year provided that the class 1 brewer licensee does not | 6 | | manufacture more than a combined 930,000 gallons of beer per | 7 | | year and is not a member of or affiliated with, directly or | 8 | | indirectly, a manufacturer that produces more than 930,000 | 9 | | gallons of beer per year or any other alcoholic liquor. A class | 10 | | 1 brewer licensee may make sales and deliveries to importing | 11 | | distributors and distributors and to retail licensees in | 12 | | accordance with the conditions set forth in paragraph (18) of | 13 | | subsection (a) of Section 3-12 of this Act. | 14 | | Class 11. A class 2 brewer license, which may only be | 15 | | issued to a licensed brewer or licensed non-resident dealer, | 16 | | shall allow the manufacture of up to 3,720,000 gallons of beer | 17 | | per year provided that the class 2 brewer licensee does not | 18 | | manufacture more than a combined 3,720,000 gallons of beer per | 19 | | year and is not a member of or affiliated with, directly or | 20 | | indirectly, a manufacturer that produces more than 3,720,000 | 21 | | gallons of beer per year or any other alcoholic liquor. A class | 22 | | 2 brewer licensee may make sales and deliveries to importing | 23 | | distributors and distributors, but shall not make sales or | 24 | | deliveries to any other licensee. If the State Commission | 25 | | provides prior approval, a class 2 brewer licensee may annually | 26 | | transfer up to 3,720,000 gallons of beer manufactured by that |
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| 1 | | class 2 brewer licensee to the premises of a licensed class 2 | 2 | | brewer wholly owned and operated by the same licensee. | 3 | | (a-1) A manufacturer which is licensed in this State to | 4 | | make sales or
deliveries of alcoholic liquor to licensed | 5 | | distributors or importing distributors 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
| 24 | | suspension or revocation of the registration. The State | 25 | | Commission shall post a list of registered agents on the | 26 | | Commission's website. |
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| 1 | | (b) A distributor's license shall allow the wholesale | 2 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 3 | | liquors to licensees
in this State and to persons without the | 4 | | State, as may be permitted by law. | 5 | | (c) An importing distributor's license may be issued to and | 6 | | held by
those only who are duly licensed distributors, upon the | 7 | | filing of an
application by a duly licensed distributor, with | 8 | | the Commission and
the Commission shall, without the
payment of | 9 | | any fee, immediately issue such importing distributor's
| 10 | | license to the applicant, which shall allow the importation of | 11 | | alcoholic
liquor by the licensee into this State from any point | 12 | | in the United
States outside this State, and the purchase of | 13 | | alcoholic liquor in
barrels, casks or other bulk containers and | 14 | | the bottling of such
alcoholic liquors before resale thereof, | 15 | | but all bottles or containers
so filled shall be sealed, | 16 | | labeled, stamped and otherwise made to comply
with all | 17 | | provisions, rules and regulations governing manufacturers in
| 18 | | the preparation and bottling of alcoholic liquors. The | 19 | | importing
distributor's license shall permit such licensee to | 20 | | purchase alcoholic
liquor from Illinois licensed non-resident | 21 | | dealers and foreign importers only. | 22 | | (d) A retailer's license shall allow the licensee to sell | 23 | | and offer
for sale at retail, only in the premises specified in | 24 | | the license,
alcoholic liquor for use or consumption, but not | 25 | | for resale in any form. Nothing in Public Act 95-634 this | 26 | | amendatory Act of the 95th General Assembly shall deny, limit, |
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| 1 | | remove, or restrict the ability of a holder of a retailer's | 2 | | license to transfer, deliver, or ship alcoholic liquor to the | 3 | | purchaser for use or consumption subject to any applicable | 4 | | local law or ordinance. Any retail license issued to a | 5 | | manufacturer shall only
permit the manufacturer to sell beer at | 6 | | retail on the premises actually
occupied by the manufacturer. | 7 | | For the purpose of further describing the type of business | 8 | | conducted at a retail licensed premises, a retailer's licensee | 9 | | may be designated by the State Commission as (i) an on premise | 10 | | consumption retailer, (ii) an off premise sale retailer, or | 11 | | (iii) a combined on premise consumption and off premise sale | 12 | | retailer.
| 13 | | Notwithstanding any other provision of this subsection | 14 | | (d), a retail
licensee may sell alcoholic liquors to a special | 15 | | event retailer licensee for
resale to the extent permitted | 16 | | under subsection (e). | 17 | | (e) A special event retailer's license (not-for-profit) | 18 | | shall permit the
licensee to purchase alcoholic liquors from an | 19 | | Illinois licensed distributor
(unless the licensee purchases | 20 | | less than $500 of alcoholic liquors for the
special event, in | 21 | | which case the licensee may purchase the alcoholic liquors
from | 22 | | a licensed retailer) and shall allow the licensee to sell and | 23 | | offer for
sale, at retail, alcoholic liquors for use or | 24 | | consumption, but not for resale
in any form and only at the | 25 | | location and on the specific dates designated for
the special | 26 | | event in the license. An applicant for a special event retailer
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| 1 | | license must
(i) furnish with the application: (A) a resale | 2 | | number issued under Section
2c of the Retailers' Occupation Tax | 3 | | Act or evidence that the applicant is
registered under Section | 4 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 5 | | exemption identification
number issued under Section 1g of the | 6 | | Retailers' Occupation Tax Act, and a
certification to the | 7 | | Commission that the purchase of alcoholic liquors will be
a | 8 | | tax-exempt purchase, or (C) a statement that the applicant is | 9 | | not registered
under Section 2a of the Retailers' Occupation | 10 | | Tax Act, does not hold a resale
number under Section 2c of the | 11 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 12 | | number under Section 1g of the Retailers' Occupation Tax
Act, | 13 | | in which event the Commission shall set forth on the special | 14 | | event
retailer's license a statement to that effect; (ii) | 15 | | submit with the application proof satisfactory to
the State | 16 | | Commission that the applicant will provide dram shop liability
| 17 | | insurance in the maximum limits; and (iii) show proof | 18 | | satisfactory to the
State Commission that the applicant has | 19 | | obtained local authority
approval. | 20 | | (f) A railroad license shall permit the licensee to import | 21 | | alcoholic
liquors into this State from any point in the United | 22 | | States outside this
State and to store such alcoholic liquors | 23 | | in this State; to make wholesale
purchases of alcoholic liquors | 24 | | directly from manufacturers, foreign
importers, distributors | 25 | | and importing distributors from within or outside
this State; | 26 | | and to store such alcoholic liquors in this State; provided
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| 1 | | that the above powers may be exercised only in connection with | 2 | | the
importation, purchase or storage of alcoholic liquors to be | 3 | | sold or
dispensed on a club, buffet, lounge or dining car | 4 | | operated on an electric,
gas or steam railway in this State; | 5 | | and provided further, that railroad
licensees exercising the | 6 | | above powers shall be subject to all provisions of
Article VIII | 7 | | of this Act as applied to importing distributors. A railroad
| 8 | | license shall also permit the licensee to sell or dispense | 9 | | alcoholic
liquors on any club, buffet, lounge or dining car | 10 | | operated on an electric,
gas or steam railway regularly | 11 | | operated by a common carrier in this State,
but shall not | 12 | | permit the sale for resale of any alcoholic liquors to any
| 13 | | licensee within this State. A license shall be obtained for | 14 | | each car in which
such sales are made. | 15 | | (g) A boat license shall allow the sale of alcoholic liquor | 16 | | in
individual drinks, on any passenger boat regularly operated | 17 | | as a common
carrier on navigable waters in this State or on any | 18 | | riverboat operated
under
the Riverboat Gambling Act, which boat | 19 | | or riverboat maintains a public
dining room or restaurant | 20 | | thereon. | 21 | | (h) A non-beverage user's license shall allow the licensee | 22 | | to
purchase alcoholic liquor from a licensed manufacturer or | 23 | | importing
distributor, without the imposition of any tax upon | 24 | | the business of such
licensed manufacturer or importing | 25 | | distributor as to such alcoholic
liquor to be used by such | 26 | | licensee solely for the non-beverage purposes
set forth in |
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| 1 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 2 | | shall be divided and classified and shall permit the
purchase, | 3 | | possession and use of limited and stated quantities of
| 4 | | alcoholic liquor as follows: | 5 | | Class 1, not to exceed ......................... 500 gallons
| 6 | | Class 2, not to exceed ....................... 1,000 gallons
| 7 | | Class 3, not to exceed ....................... 5,000 gallons
| 8 | | Class 4, not to exceed ...................... 10,000 gallons
| 9 | | Class 5, not to exceed ....................... 50,000 gallons | 10 | | (i) A wine-maker's premises license shall allow a
licensee | 11 | | that concurrently holds a first-class wine-maker's license to | 12 | | sell
and offer for sale at retail in the premises specified in | 13 | | such license
not more than 50,000 gallons of the first-class | 14 | | wine-maker's wine that is
made at the first-class wine-maker's | 15 | | licensed premises per year for use or
consumption, but not for | 16 | | resale in any form. A wine-maker's premises
license shall allow | 17 | | a licensee who concurrently holds a second-class
wine-maker's | 18 | | license to sell and offer for sale at retail in the premises
| 19 | | specified in such license up to 100,000 gallons of the
| 20 | | second-class wine-maker's wine that is made at the second-class | 21 | | wine-maker's
licensed premises per year
for use or consumption | 22 | | but not for resale in any form. A wine-maker's premises license | 23 | | shall allow a
licensee that concurrently holds a first-class | 24 | | wine-maker's license or a second-class
wine-maker's license to | 25 | | sell
and offer for sale at retail at the premises specified in | 26 | | the wine-maker's premises license, for use or consumption but |
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| 1 | | not for resale in any form, any beer, wine, and spirits | 2 | | purchased from a licensed distributor. Upon approval from the
| 3 | | State Commission, a wine-maker's premises license
shall allow | 4 | | the licensee to sell and offer for sale at (i) the wine-maker's
| 5 | | licensed premises and (ii) at up to 2 additional locations for | 6 | | use and
consumption and not for resale. Each location shall | 7 | | require additional
licensing per location as specified in | 8 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
| 9 | | secure liquor liability insurance coverage in an amount at
| 10 | | least equal to the maximum liability amounts set forth in
| 11 | | subsection (a) of Section 6-21 of this Act.
| 12 | | (j) An airplane license shall permit the licensee to import
| 13 | | alcoholic liquors into this State from any point in the United | 14 | | States
outside this State and to store such alcoholic liquors | 15 | | in this State; to
make wholesale purchases of alcoholic liquors | 16 | | directly from
manufacturers, foreign importers, distributors | 17 | | and importing
distributors from within or outside this State; | 18 | | and to store such
alcoholic liquors in this State; provided | 19 | | that the above powers may be
exercised only in connection with | 20 | | the importation, purchase or storage
of alcoholic liquors to be | 21 | | sold or dispensed on an airplane; and
provided further, that | 22 | | airplane licensees exercising the above powers
shall be subject | 23 | | to all provisions of Article VIII of this Act as
applied to | 24 | | importing distributors. An airplane licensee shall also
permit | 25 | | the sale or dispensing of alcoholic liquors on any passenger
| 26 | | airplane regularly operated by a common carrier in this State, |
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| 1 | | but shall
not permit the sale for resale of any alcoholic | 2 | | liquors to any licensee
within this State. A single airplane | 3 | | license shall be required of an
airline company if liquor | 4 | | service is provided on board aircraft in this
State. The annual | 5 | | fee for such license shall be as determined in
Section 5-3. | 6 | | (k) A foreign importer's license shall permit such licensee | 7 | | to purchase
alcoholic liquor from Illinois licensed | 8 | | non-resident dealers only, and to
import alcoholic liquor other | 9 | | than in bulk from any point outside the
United States and to | 10 | | sell such alcoholic liquor to Illinois licensed
importing | 11 | | distributors and to no one else in Illinois;
provided that (i) | 12 | | the foreign importer registers with the State Commission
every
| 13 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 14 | | licensees during the
license period, (ii) the foreign importer | 15 | | complies with all of the provisions
of Section
6-9 of this Act | 16 | | with respect to registration of such Illinois licensees as may
| 17 | | be granted the
right to sell such brands at wholesale, and | 18 | | (iii) the foreign importer complies with the provisions of | 19 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 20 | | provisions apply to manufacturers. | 21 | | (l) (i) A broker's license shall be required of all persons
| 22 | | who solicit
orders for, offer to sell or offer to supply | 23 | | alcoholic liquor to
retailers in the State of Illinois, or who | 24 | | offer to retailers to ship or
cause to be shipped or to make | 25 | | contact with distillers, rectifiers,
brewers or manufacturers | 26 | | or any other party within or without the State
of Illinois in |
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| 1 | | order that alcoholic liquors be shipped to a distributor,
| 2 | | importing distributor or foreign importer, whether such | 3 | | solicitation or
offer is consummated within or without the | 4 | | State of Illinois. | 5 | | No holder of a retailer's license issued by the Illinois | 6 | | Liquor
Control Commission shall purchase or receive any | 7 | | alcoholic liquor, the
order for which was solicited or offered | 8 | | for sale to such retailer by a
broker unless the broker is the | 9 | | holder of a valid broker's license. | 10 | | The broker shall, upon the acceptance by a retailer of the | 11 | | broker's
solicitation of an order or offer to sell or supply or | 12 | | deliver or have
delivered alcoholic liquors, promptly forward | 13 | | to the Illinois Liquor
Control Commission a notification of | 14 | | said transaction in such form as
the Commission may by | 15 | | regulations prescribe. | 16 | | (ii) A broker's license shall be required of
a person | 17 | | within this State, other than a retail licensee,
who, for a fee | 18 | | or commission, promotes, solicits, or accepts orders for
| 19 | | alcoholic liquor, for use or consumption and not for
resale, to | 20 | | be shipped from this State and delivered to residents outside | 21 | | of
this State by an express company, common carrier, or | 22 | | contract carrier.
This Section does not apply to any person who | 23 | | promotes, solicits, or accepts
orders for wine as specifically | 24 | | authorized in Section 6-29 of this Act. | 25 | | A broker's license under this subsection (l)
shall not | 26 | | entitle the holder to
buy or sell any
alcoholic liquors for his |
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| 1 | | own account or to take or deliver title to
such alcoholic | 2 | | liquors. | 3 | | This subsection (l)
shall not apply to distributors, | 4 | | employees of
distributors, or employees of a manufacturer who | 5 | | has registered the
trademark, brand or name of the alcoholic | 6 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 7 | | sells such alcoholic liquor
in the State of Illinois only to | 8 | | its registrants thereunder. | 9 | | Any agent, representative, or person subject to | 10 | | registration pursuant to
subsection (a-1) of this Section shall | 11 | | not be eligible to receive a broker's
license. | 12 | | (m) A non-resident dealer's license shall permit such | 13 | | licensee to ship
into and warehouse alcoholic liquor into this | 14 | | State from any point
outside of this State, and to sell such | 15 | | alcoholic liquor to Illinois licensed
foreign importers and | 16 | | importing distributors and to no one else in this State;
| 17 | | provided that (i) said non-resident dealer shall register with | 18 | | the Illinois Liquor
Control Commission each and every brand of | 19 | | alcoholic liquor which it proposes
to sell to Illinois | 20 | | licensees during the license period, (ii) it shall comply with | 21 | | all of the provisions of Section 6-9 hereof with
respect to | 22 | | registration of such Illinois licensees as may be granted the | 23 | | right
to sell such brands at wholesale, and (iii) the | 24 | | non-resident dealer shall comply with the provisions of | 25 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 26 | | provisions apply to manufacturers. |
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| 1 | | (n) A brew pub license shall allow the licensee to only (i) | 2 | | manufacture up to 155,000 gallons of beer per year only
on the | 3 | | premises specified in the license, (ii) make sales of the
beer | 4 | | manufactured on the premises or, with the approval of the | 5 | | Commission, beer manufactured on another brew pub licensed | 6 | | premises that is wholly owned and operated by the same licensee | 7 | | to importing distributors, distributors,
and to non-licensees | 8 | | for use and consumption, (iii) store the beer upon
the | 9 | | premises, (iv) sell and offer for sale at retail from the | 10 | | licensed
premises for off-premises
consumption no more than | 11 | | 155,000 gallons per year so long as such sales are only made | 12 | | in-person, (v) sell and offer for sale at retail for use and | 13 | | consumption on the premises specified in the license any form | 14 | | of alcoholic liquor purchased from a licensed distributor or | 15 | | importing distributor, and (vi) with the prior approval of the | 16 | | Commission, annually transfer no more than 155,000 gallons of | 17 | | beer manufactured on the premises to a licensed brew pub wholly | 18 | | owned and operated by the same licensee. | 19 | | A brew pub licensee shall not under any circumstance sell | 20 | | or offer for sale beer manufactured by the brew pub licensee to | 21 | | retail licensees. | 22 | | A person who holds a class 2 brewer license may | 23 | | simultaneously hold a brew pub license if the class 2 brewer | 24 | | (i) does not, under any circumstance, sell or offer for sale | 25 | | beer manufactured by the class 2 brewer to retail licensees; | 26 | | (ii) does not hold more than 3 brew pub licenses in this State; |
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| 1 | | (iii) does not manufacture more than a combined 3,720,000 | 2 | | gallons of beer per year, including the beer manufactured at | 3 | | the brew pub; and (iv) is not a member of or affiliated with, | 4 | | directly or indirectly, a manufacturer that produces more than | 5 | | 3,720,000 gallons of beer per year or any other alcoholic | 6 | | liquor. | 7 | | Notwithstanding any other provision of this Act, a licensed | 8 | | brewer, class 2 brewer, or non-resident dealer who before July | 9 | | 1, 2015 manufactured less than than 3,720,000 gallons of beer | 10 | | per year and held a brew pub license on or before July 1, 2015 | 11 | | may (i) continue to qualify for and hold that brew pub license | 12 | | for the licensed premises and (ii) manufacture more than | 13 | | 3,720,000 gallons of beer per year and continue to qualify for | 14 | | and hold that brew pub license if that brewer, class 2 brewer, | 15 | | or non-resident dealer does not simultaneously hold a class 1 | 16 | | brewer license and is not a member of or affiliated with, | 17 | | directly or indirectly, a manufacturer that produces more than | 18 | | 3,720,000 gallons of beer per year or that produces any other | 19 | | alcoholic liquor. | 20 | | (o) A caterer retailer license shall allow the holder
to | 21 | | serve alcoholic liquors as an incidental part of a food service | 22 | | that serves
prepared meals which excludes the serving of snacks | 23 | | as
the primary meal, either on or off-site whether licensed or | 24 | | unlicensed. | 25 | | (p) An auction liquor license shall allow the licensee to | 26 | | sell and offer
for sale at auction wine and spirits for use or |
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| 1 | | consumption, or for resale by
an Illinois liquor licensee in | 2 | | accordance with provisions of this Act. An
auction liquor | 3 | | license will be issued to a person and it will permit the
| 4 | | auction liquor licensee to hold the auction anywhere in the | 5 | | State. An auction
liquor license must be obtained for each | 6 | | auction at least 14 days in advance of
the auction date. | 7 | | (q) A special use permit license shall allow an Illinois | 8 | | licensed
retailer to transfer a portion of its alcoholic liquor | 9 | | inventory from its
retail licensed premises to the premises | 10 | | specified in the license hereby
created, and to sell or offer | 11 | | for sale at retail, only in the premises
specified in the | 12 | | license hereby created, the transferred alcoholic liquor for
| 13 | | use or consumption, but not for resale in any form. A special | 14 | | use permit
license may be granted for the following time | 15 | | periods: one day or less; 2 or
more days to a maximum of 15 days | 16 | | per location in any 12 month period. An
applicant for the | 17 | | special use permit license must also submit with the
| 18 | | application proof satisfactory to the State Commission that the | 19 | | applicant will
provide dram shop liability insurance to the | 20 | | maximum limits and have local
authority approval. | 21 | | (r) A winery shipper's license shall allow a person
with a | 22 | | first-class or second-class wine manufacturer's
license, a | 23 | | first-class or second-class wine-maker's license,
or a limited | 24 | | wine manufacturer's license or who is licensed to
make wine | 25 | | under the laws of another state to ship wine
made by that | 26 | | licensee directly to a resident of this
State who is 21 years |
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| 1 | | of age or older for that resident's
personal use and not for | 2 | | resale. Prior to receiving a
winery shipper's license, an | 3 | | applicant for the license must
provide the Commission with a | 4 | | true copy of its current
license in any state in which it is | 5 | | licensed as a manufacturer
of wine. An applicant for a winery | 6 | | shipper's license must
also complete an application form that | 7 | | provides any other
information the Commission deems necessary. | 8 | | The application form shall include all addresses from which the | 9 | | applicant for a winery shipper's license intends to ship wine, | 10 | | including the name and address of any third party, except for a | 11 | | common carrier, authorized to ship wine on behalf of the | 12 | | manufacturer. The
application form shall include an | 13 | | acknowledgement consenting
to the jurisdiction of the | 14 | | Commission, the Illinois
Department of Revenue, and the courts | 15 | | of this State concerning
the enforcement of this Act and any | 16 | | related laws, rules, and
regulations, including authorizing | 17 | | the Department of Revenue
and the Commission to conduct audits | 18 | | for the purpose of
ensuring compliance with this amendatory | 19 | | Act , and an acknowledgement that the wine manufacturer is in | 20 | | compliance with Section 6-2 of this Act. Any third party, | 21 | | except for a common carrier, authorized to ship wine on behalf | 22 | | of a first-class or second-class wine manufacturer's licensee, | 23 | | a first-class or second-class wine-maker's licensee, a limited | 24 | | wine manufacturer's licensee, or a person who is licensed to | 25 | | make wine under the laws of another state shall also be | 26 | | disclosed by the winery shipper's licensee, and a copy of the |
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| 1 | | written appointment of the third-party wine provider, except | 2 | | for a common carrier, to the wine manufacturer shall be filed | 3 | | with the State Commission as a supplement to the winery | 4 | | shipper's license application or any renewal thereof. The | 5 | | winery shipper's license holder shall affirm under penalty of | 6 | | perjury, as part of the winery shipper's license application or | 7 | | renewal, that he or she only ships wine, either directly or | 8 | | indirectly through a third-party provider, from the licensee's | 9 | | own production . | 10 | | Except for a common carrier, a third-party provider | 11 | | shipping wine on behalf of a winery shipper's license holder is | 12 | | the agent of the winery shipper's license holder and, as such, | 13 | | a winery shipper's license holder is responsible for the acts | 14 | | and omissions of the third-party provider acting on behalf of | 15 | | the license holder. A third-party provider, except for a common | 16 | | carrier, that engages in shipping wine into Illinois on behalf | 17 | | of a winery shipper's license holder shall consent to the | 18 | | jurisdiction of the State Commission and the State. Any | 19 | | third-party, except for a common carrier, holding such an | 20 | | appointment shall, by February 1 of each calendar year, file | 21 | | with the State Commission a statement detailing each shipment | 22 | | made to an Illinois resident. The State Commission shall adopt | 23 | | rules as soon as practicable to implement the requirements of | 24 | | this amendatory Act of the 99th General Assembly and shall | 25 | | adopt rules prohibiting any such third-party appointment of a | 26 | | third-party provider, except for a common carrier, that has |
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| 1 | | been deemed by the State Commission to have violated the | 2 | | provisions of this Act with regard to any winery shipper | 3 | | licensee. | 4 | | A winery shipper licensee must pay to the Department
of | 5 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 6 | | all wine that is sold by the licensee and shipped to a person
| 7 | | in this State. For the purposes of Section 8-1, a winery
| 8 | | shipper licensee shall be taxed in the same manner as a
| 9 | | manufacturer of wine. A licensee who is not otherwise required | 10 | | to register under the Retailers' Occupation Tax Act must
| 11 | | register under the Use Tax Act to collect and remit use tax to
| 12 | | the Department of Revenue for all gallons of wine that are sold
| 13 | | by the licensee and shipped to persons in this State. If a
| 14 | | licensee fails to remit the tax imposed under this Act in
| 15 | | accordance with the provisions of Article VIII of this Act, the
| 16 | | winery shipper's license shall be revoked in accordance
with | 17 | | the provisions of Article VII of this Act. If a licensee
fails | 18 | | to properly register and remit tax under the Use Tax Act
or the | 19 | | Retailers' Occupation Tax Act for all wine that is sold
by the | 20 | | winery shipper and shipped to persons in this
State, the winery | 21 | | shipper's license shall be revoked in
accordance with the | 22 | | provisions of Article VII of this Act. | 23 | | A winery shipper licensee must collect, maintain, and
| 24 | | submit to the Commission on a semi-annual basis the
total | 25 | | number of cases per resident of wine shipped to residents
of | 26 | | this State.
A winery shipper licensed under this subsection (r)
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| 1 | | must comply with the requirements of Section 6-29 of this | 2 | | amendatory Act. | 3 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 4 | | Section 3-12, the State Commission may receive, respond to, and | 5 | | investigate any complaint and impose any of the remedies | 6 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 7 | | (Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13; | 8 | | 98-756, eff. 7-16-14; 99-448, eff. 8-24-15; revised 10-27-15.) | 9 | | (235 ILCS 5/5-3) (from Ch. 43, par. 118) | 10 | | Sec. 5-3. License fees. Except as otherwise provided | 11 | | herein, at the time
application is made to the State Commission | 12 | | for a license of any class, the
applicant shall pay to the | 13 | | State Commission the fee hereinafter provided for
the kind of | 14 | | license applied for. | 15 | | The fee for licenses issued by the State Commission shall | 16 | | be as follows: | 17 | | For a manufacturer's license: | |
18 | | | Online | Initial | |
19 | | | renewal | license | |
20 | | | | or | |
21 | | | | non-online | |
22 | | | | renewal | | | 23 | | | | |
24 | | Class 1. Distiller ................. | $4,000 | $5,000 $3,600 | |
25 | | Class 2. Rectifier ................. | 4,000 | 5,000 3,600 | |
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| 1 | | Class 3. Brewer .................... | 1,200 | 1,500 900 | |
2 | | Class 4. First-class Wine | | | |
3 | | Manufacturer ................... | 750 | 900 600 | |
4 | | Class 5. Second-class | | | |
5 | | Wine Manufacturer .............. | 1,500 | 1,750 1,200 | |
6 | | Class 6. First-class wine-maker .... | 750 | 900 600 | |
7 | | Class 7. Second-class wine-maker ... | 1,500 | 1,750 1200 | |
8 | | Class 8. Limited Wine Manufacturer .. | 250 | 350 120 | |
9 | | Class 9. Craft Distiller ............ | 2,000 | 2,500 1,800 | |
10 | | Class 10. Class 1 Brewer ............ | 50 | 75 25 | |
11 | | Class 11. Class 2 Brewer ............ | 75 | 100 25 | |
12 | | For a Brew Pub License .............. | 1,200 | 1,500 1,050 | |
13 | | For a caterer retailer's license .... | 350 | 500 200 | |
14 | | For a foreign importer's license ... | 25 | 25 | |
15 | | For an importing distributor's | | | |
16 | | license ......................... | 25 | 25 | |
17 | | For a distributor's license | | | |
18 | | (11,250,000 gallons | | | |
19 | | or over) ........................ | 1,450 | 2,200 | |
20 | | For a distributor's license | | | |
21 | | (over 4,500,000 gallons, | | | |
22 | | but under 11,250,000 gallons) ... | 950 | 1,450 | |
23 | | For a distributor's license | | | |
24 | | (4,500,000 gallons or under) .... | 300 | 450 | |
25 | | For a distributor's license ......... | | 270 | |
26 | | For a non-resident dealer's license | | | |
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| 1 | | (500,000 gallons or over) ...... | 1,200 | 1,500 270 | |
2 | | For a non-resident dealer's license | | | |
3 | | (under 500,000 gallons) ........ | 250 | 350 90 | |
4 | | For a wine-maker's premises license . | 250 | 500 100 | |
5 | | For a winery shipper's license | | | |
6 | | (under 250,000 gallons) ......... | 200 | 350 150 | |
7 | | For a winery shipper's license
| | | |
8 | | (250,000 or over, but | | | |
9 | | under 500,000 gallons) .......... | 750 | 1,000 500 | |
10 | | For a winery shipper's license
| | | |
11 | | (500,000 gallons or over) ....... | 1,200 | 1,500 1,000 | |
12 | | For a wine-maker's premises license, | | | |
13 | | second location ................ | 500 | 1,000 350 | |
14 | | For a wine-maker's premises license, | | | |
15 | | third location ................. | 500 | 1,000 350 | |
16 | | For a retailer's license ........... | 600 | 750 500 | |
17 | | For a special event retailer's | | | |
18 | | license, (not-for-profit) ...... | 25 | 25 | |
19 | | For a special use permit license, | | | |
20 | | one day only ................... | 100 | 150 50 | |
21 | | 2 days or more ................. | 150 | 250 100 | |
22 | | For a railroad license ............. | 100 | 150 60 | |
23 | | For a boat license ................. | 500 | 1,000 180 | |
24 | | For an airplane license, times the | | | |
25 | | licensee's maximum number of | | | |
26 | | aircraft in flight, serving | | | |
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| 1 | | liquor over the State at any | | | |
2 | | given time, which either | | | |
3 | | originate, terminate, or make | | | |
4 | | an intermediate stop in | | | |
5 | | the State ....................... | 100 | 150 60 | |
6 | | For a non-beverage user's license: | | | |
7 | | Class 1 ........................ | 24 | 24 | |
8 | | Class 2 ........................ | 60 | 60 | |
9 | | Class 3 ........................ | 120 | 120 | |
10 | | Class 4 ........................ | 240 | 240 | |
11 | | Class 5 ........................ | 600 | 600 | |
12 | | For a broker's license ............. | 750 | 1,000 600 | |
13 | | For an auction liquor license ...... | 100 | 150 50 | |
14 | | For a homebrewer special | | | |
15 | | event permit .................... | 25 | 25 | |
16 | | For a BASSET trainer license ........ | 300 | 350 | |
17 | | For a tasting representative | | | |
18 | | license ......................... | 200 | 300 |
| 19 | | Fees collected under this Section shall be paid into the
| 20 | | Dram Shop Fund. On and after July 1, 2003 and until June 30, | 21 | | 2016 , of the funds received for a
retailer's license, in
| 22 | | addition to the
first $175, an additional $75 shall be paid | 23 | | into the Dram Shop Fund, and $250
shall be
paid into the | 24 | | General Revenue Fund. On and after June 30, 2016, one-half of | 25 | | the funds received for a retailer's license shall be paid into | 26 | | the Dram Shop Fund and one-half of the funds received for a |
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| 1 | | retailer's license shall be paid into the General Revenue Fund. | 2 | | Beginning June 30, 1990 and on June 30
of each
subsequent year | 3 | | through June 29, 2003, any balance over $5,000,000
remaining in | 4 | | the Dram Shop Fund
shall be credited to State liquor licensees | 5 | | and applied against their fees for
State liquor licenses for | 6 | | the following year. The amount credited to each
licensee shall | 7 | | be a proportion of the balance in the Dram Fund that is the
| 8 | | same as the proportion of the license fee paid by the licensee | 9 | | under
this Section for the period in which the balance was | 10 | | accumulated to the
aggregate fees paid by all licensees during | 11 | | that period. | 12 | | No fee shall be paid for licenses issued by the State | 13 | | Commission to
the following non-beverage users: | 14 | | (a) Hospitals, sanitariums, or clinics when their use | 15 | | of alcoholic
liquor is exclusively medicinal, mechanical | 16 | | or scientific. | 17 | | (b) Universities, colleges of learning or schools when | 18 | | their use of
alcoholic liquor is exclusively medicinal, | 19 | | mechanical or scientific. | 20 | | (c) Laboratories when their use is exclusively for the | 21 | | purpose of
scientific research. | 22 | | (Source: P.A. 98-55, eff. 7-5-13; 99-448, eff. 8-24-15.)
| 23 | | (235 ILCS 5/6-29.1)
| 24 | | Sec. 6-29.1. Direct shipments of alcoholic liquor. | 25 | | (a) The General Assembly makes the following findings: |
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| 1 | | (1) The General Assembly of Illinois, having reviewed
| 2 | | this Act in light of the United
States Supreme Court's 2005 | 3 | | decision in Granholm v. Heald,
has determined to conform | 4 | | that law to the constitutional
principles enunciated by the | 5 | | Court in a manner that best
preserves the temperance, | 6 | | revenue, and orderly
distribution values of this Act. | 7 | | (2) Minimizing automobile accidents and fatalities,
| 8 | | domestic violence, health problems, loss of productivity,
| 9 | | unemployment, and other social problems associated with
| 10 | | dependency and improvident use of alcoholic beverages
| 11 | | remains the policy of Illinois. | 12 | | (3) To the maximum extent constitutionally feasible,
| 13 | | Illinois desires to collect sufficient revenue from excise
| 14 | | and use taxes on alcoholic beverages for the purpose of
| 15 | | responding to such social problems. | 16 | | (4) Combined with family education and individual
| 17 | | discipline, retail validation of age, and assessment of the
| 18 | | capacity of the consumer remains the best pre-sale social
| 19 | | protection against the problems associated with the abuse
| 20 | | of alcoholic liquor. | 21 | | (5) Therefore, the paramount purpose of this | 22 | | amendatory Act is to
continue to carefully limit direct | 23 | | shipment sales of wine produced by makers of wine
and to | 24 | | continue to prohibit such direct shipment sales for
spirits | 25 | | and beer. | 26 | | For these reasons, the Commission shall establish
a system |
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| 1 | | to notify the out-of-state trade of this prohibition
and to | 2 | | detect violations. The Commission shall request
the Attorney | 3 | | General to extradite any offender.
| 4 | | (b) Pursuant to the
Twenty-First Amendment of the United | 5 | | States Constitution allowing states to
regulate the | 6 | | distribution and sale of alcoholic liquor and pursuant to the
| 7 | | federal Webb-Kenyon Act declaring that alcoholic liquor | 8 | | shipped in interstate
commerce must comply with state laws, the | 9 | | General Assembly hereby finds and
declares that selling | 10 | | alcoholic liquor from a point outside this State
through | 11 | | various direct marketing means, such as catalogs,
newspapers, | 12 | | mailers, and the Internet,
directly to residents of this State | 13 | | poses a serious threat
to the State's efforts to prevent youths | 14 | | from accessing alcoholic liquor;
to State revenue collections; | 15 | | and to the economy of this State.
| 16 | | Any person manufacturing, distributing, or selling
| 17 | | alcoholic liquor who knowingly ships or transports or causes | 18 | | the shipping or
transportation of any alcoholic liquor from a | 19 | | point outside this State to a
person in this State who does not | 20 | | hold a manufacturer's, distributor's,
importing distributor's, | 21 | | or non-resident dealer's license issued by the Liquor
Control | 22 | | Commission, other than a shipment of sacramental wine to a bona | 23 | | fide
religious organization, a shipment authorized by Section | 24 | | 6-29, subparagraph (17) of Section 3-12, or any other
shipment | 25 | | authorized by this Act, is in violation of this Act.
| 26 | | The Commission, upon determining, after investigation, |
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| 1 | | that a person
has violated this Section, shall give notice to | 2 | | the person by certified mail to
cease and desist all shipments | 3 | | of
alcoholic liquor into this State and to withdraw from this | 4 | | State within 5
working days after receipt of the notice all | 5 | | shipments of alcoholic liquor then
in transit. A person who | 6 | | violates the cease and desist notice is subject to the | 7 | | applicable penalties in subsection (a) of Section 10-1 of this | 8 | | Act.
| 9 | | Whenever the Commission has reason to believe that a person
| 10 | | has failed to comply with the Commission notice under this | 11 | | Section, it shall
notify the Department of Revenue and file a | 12 | | complaint with the State's Attorney
of the county where the | 13 | | alcoholic liquor was delivered or with appropriate
law | 14 | | enforcement officials.
| 15 | | Failure to comply with the notice issued by the Commission | 16 | | under this Section
constitutes a
business offense for which the | 17 | | person shall be fined not more than $1,000 for
a first offense, | 18 | | not more than $5,000 for a second offense, and not more than
| 19 | | $10,000 for a third or
subsequent offense. Each shipment of | 20 | | alcoholic liquor delivered in
violation of the cease and desist | 21 | | notice shall constitute a separate offense.
| 22 | | (Source: P.A. 95-634, eff. 6-1-08 .)
| 23 | | (235 ILCS 5/10-1) (from Ch. 43, par. 183)
| 24 | | Sec. 10-1. Violations; penalties. Whereas a substantial | 25 | | threat
to the sound and careful control, regulation, and |
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| 1 | | taxation of the
manufacture, sale, and distribution of | 2 | | alcoholic liquors exists by virtue
of individuals who | 3 | | manufacture,
import, distribute, or sell alcoholic liquors | 4 | | within the State without
having first obtained a valid license | 5 | | to do so, and whereas such threat is
especially serious along | 6 | | the borders of this State, and whereas such threat
requires | 7 | | immediate correction by this Act, by active investigation and
| 8 | | prosecution by law enforcement officials and prosecutors, and | 9 | | by prompt and
strict enforcement through the courts of this | 10 | | State to punish violators and
to deter such conduct in the | 11 | | future:
| 12 | | (a) Any person who manufactures, imports
for distribution | 13 | | or use, transports from outside this State into this State, or | 14 | | distributes or sells 108 liters (28.53 gallons) or more of | 15 | | wine, 45 liters (11.88 gallons) or more of distilled spirits, | 16 | | or 118 liters (31.17 gallons) or more of beer alcoholic liquor | 17 | | at any
place within the State without having first obtained a | 18 | | valid license to do
so under the provisions of this Act shall | 19 | | be guilty of a business offense
and fined not more than $1,000 | 20 | | for the first such offense and shall be
guilty of a Class 4 | 21 | | felony for each subsequent offense. However, any person who was | 22 | | duly licensed under this Act and whose license expired within | 23 | | 30 days prior to a violation shall be guilty of a business | 24 | | offense and fined not more than $1,000 for the first such | 25 | | offense and shall be guilty of a Class 4 felony for each | 26 | | subsequent offense.
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| 1 | | Any person who manufactures, imports for distribution, | 2 | | transports from outside this State into this State for sale or | 3 | | resale in this State, or distributes or sells less than 108 | 4 | | liters (28.53 gallons) of wine, less than 45 liters (11.88 | 5 | | gallons) of distilled spirits, or less than 118 liters (31.17 | 6 | | gallons) of beer at any place within the State without having | 7 | | first obtained a valid license to do so under the provisions of | 8 | | this Act shall be guilty of a business offense and fined not | 9 | | more than $1,000 for the first such offense and shall be guilty | 10 | | of a Class 4 felony for each subsequent offense. This | 11 | | subsection does not apply to a motor carrier or freight | 12 | | forwarder, as defined in Section 13102 of Title 49 of the | 13 | | United States Code, an air carrier, as defined in Section 40102 | 14 | | of Title 49 of the United States Code, or a rail carrier, as | 15 | | defined in Section 10102 of Title 49 of the United States Code. | 16 | | Any person who both has been issued an initial cease and | 17 | | desist notice from the State Commission and for compensation | 18 | | ships alcoholic liquor into this State without a license | 19 | | authorized by Section 5-1 issued by the State Commission or in | 20 | | violation of that license is guilty of a Class 4 felony for | 21 | | each offense. | 22 | | (b) (1) Any retailer, licensed in this State, who knowingly | 23 | | causes to
furnish,
give, sell, or otherwise being within the | 24 | | State, any alcoholic liquor destined
to be used, distributed, | 25 | | consumed or sold in another state, unless such
alcoholic liquor | 26 | | was received in this State by a duly licensed distributor,
or |
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| 1 | | importing distributors shall have his license suspended for 7 | 2 | | days for
the first offense and for the second offense, shall | 3 | | have his license
revoked by the Commission.
| 4 | | (2) In the event the Commission receives a certified copy | 5 | | of a final order
from a foreign jurisdiction that an Illinois | 6 | | retail licensee has been found to
have violated that foreign | 7 | | jurisdiction's laws, rules, or regulations
concerning the | 8 | | importation of alcoholic liquor into that foreign | 9 | | jurisdiction,
the violation may be grounds for the Commission | 10 | | to revoke, suspend, or refuse
to
issue or renew a license, to | 11 | | impose a fine, or to take any additional action
provided by | 12 | | this Act with respect to the Illinois retail license or | 13 | | licensee.
Any such action on the part of the Commission shall | 14 | | be in accordance with this
Act and implementing rules.
| 15 | | For the purposes of paragraph (2): (i) "foreign | 16 | | jurisdiction" means a
state, territory, or possession of the | 17 | | United States, the District of Columbia,
or the Commonwealth of | 18 | | Puerto Rico, and (ii) "final order" means an order or
judgment | 19 | | of a court or administrative body that determines the rights of | 20 | | the
parties respecting the subject matter of the proceeding, | 21 | | that remains in full
force and effect, and from which no appeal | 22 | | can be taken.
| 23 | | (c) Any person who shall make any false statement or | 24 | | otherwise
violates any of the provisions of this Act in | 25 | | obtaining any license
hereunder, or who having obtained a | 26 | | license hereunder shall violate any
of the provisions of this |
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| 1 | | Act with respect to the manufacture,
possession, distribution | 2 | | or sale of alcoholic liquor, or with respect to
the maintenance | 3 | | of the licensed premises, or shall violate any other
provision | 4 | | of this Act, shall for a first offense be guilty of a petty
| 5 | | offense and fined not more than $500, and for a second or | 6 | | subsequent
offense shall be guilty of a Class B misdemeanor.
| 7 | | (c-5) Any owner of an establishment that serves alcohol on | 8 | | its premises, if more than 50% of the establishment's gross | 9 | | receipts within the prior 3 months is from the sale of alcohol, | 10 | | who knowingly fails to prohibit concealed firearms on its | 11 | | premises or who knowingly makes a false statement or record to | 12 | | avoid the prohibition of concealed firearms on its premises | 13 | | under the Firearm Concealed Carry Act shall be guilty of a | 14 | | business offense with a fine up to $5,000. | 15 | | (d) Each day any person engages in business as a | 16 | | manufacturer,
foreign importer, importing distributor, | 17 | | distributor or retailer in
violation of the provisions of this | 18 | | Act shall constitute a separate offense.
| 19 | | (e) Any person, under the age of 21 years who, for the | 20 | | purpose
of buying, accepting or receiving alcoholic liquor from | 21 | | a
licensee, represents that he is 21 years of age or over shall | 22 | | be guilty
of a Class A misdemeanor.
| 23 | | (f) In addition to the penalties herein provided, any | 24 | | person
licensed as a wine-maker in either class who | 25 | | manufactures more wine than
authorized by his license shall be | 26 | | guilty of a business offense and shall be
fined $1 for each |
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| 1 | | gallon so manufactured.
| 2 | | (g) A person shall be exempt from prosecution for a | 3 | | violation of this
Act if he is a peace officer in the | 4 | | enforcement of the criminal laws and
such activity is approved | 5 | | in writing by one of the following:
| 6 | | (1) In all counties, the respective State's Attorney;
| 7 | | (2) The Director of State Police under
Section 2605-10, | 8 | | 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,
2605-115, | 9 | | 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, | 10 | | 2605-205, 2605-210,
2605-215, 2605-250, 2605-275, | 11 | | 2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
| 12 | | 2605-340,
2605-350, 2605-355, 2605-360, 2605-365, | 13 | | 2605-375, 2605-390, 2605-400, 2605-405,
2605-420,
| 14 | | 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the | 15 | | Department of State
Police Law (20 ILCS 2605/2605-10, | 16 | | 2605/2605-15, 2605/2605-75,
2605/2605-100, 2605/2605-105, | 17 | | 2605/2605-110, 2605/2605-115,
2605/2605-120, | 18 | | 2605/2605-130, 2605/2605-140, 2605/2605-190, | 19 | | 2605/2605-200,
2605/2605-205, 2605/2605-210, | 20 | | 2605/2605-215, 2605/2605-250, 2605/2605-275,
| 21 | | 2605/2605-300,
2605/2605-305, 2605/2605-315, | 22 | | 2605/2605-325, 2605/2605-335, 2605/2605-340,
| 23 | | 2605/2605-350, 2605/2605-355, 2605/2605-360,
| 24 | | 2605/2605-365, 2605/2605-375, 2605/2605-390,
| 25 | | 2605/2605-400, 2605/2605-405, 2605/2605-420, | 26 | | 2605/2605-430, 2605/2605-435,
2605/2605-500, |
| | | SB2989 Enrolled | - 35 - | LRB099 20595 RPS 45155 b |
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| 1 | | 2605/2605-525, or 2605/2605-550); or
| 2 | | (3) In cities over 1,000,000, the Superintendent of | 3 | | Police.
| 4 | | (Source: P.A. 98-63, eff. 7-9-13.)
| 5 | | Section 99. Effective date. This Act takes effect January | 6 | | 1, 2017, except that the changes to Section 5-3 of the Liquor | 7 | | Control Act of 1934 take effect upon becoming law.
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