Full Text of SB2970 100th General Assembly
SB2970sam001 100TH GENERAL ASSEMBLY | Sen. Thomas Cullerton Filed: 4/23/2018
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| 1 | | AMENDMENT TO SENATE BILL 2970
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2970 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Sections 3-12, 5-1, and 6-4 as follows:
| 6 | | (235 ILCS 5/3-12)
| 7 | | Sec. 3-12. Powers and duties of State Commission.
| 8 | | (a) The State commission shall have the following powers, | 9 | | functions, and
duties:
| 10 | | (1) To receive applications and to issue licenses to | 11 | | manufacturers,
foreign importers, importing distributors, | 12 | | distributors, non-resident dealers,
on premise consumption | 13 | | retailers, off premise sale retailers, special event
| 14 | | retailer licensees, special use permit licenses, auction | 15 | | liquor licenses, brew
pubs, caterer retailers, | 16 | | non-beverage users, railroads, including owners and
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| 1 | | lessees of sleeping, dining and cafe cars, airplanes, | 2 | | boats, brokers, and wine
maker's premises licensees in | 3 | | accordance with the provisions of this Act, and
to suspend | 4 | | or revoke such licenses upon the State commission's | 5 | | determination,
upon notice after hearing, that a licensee | 6 | | has violated any provision of this
Act or any rule or | 7 | | regulation issued pursuant thereto and in effect for 30 | 8 | | days
prior to such violation. Except in the case of an | 9 | | action taken pursuant to a
violation of Section 6-3, 6-5, | 10 | | or 6-9, any action by the State Commission to
suspend or | 11 | | revoke a licensee's license may be limited to the license | 12 | | for the
specific premises where the violation occurred.
An | 13 | | action for a violation of this Act shall be commenced by | 14 | | the State Commission within 2 years after the date the | 15 | | State Commission becomes aware of the violation.
| 16 | | In lieu of suspending or revoking a license, the | 17 | | commission may impose
a fine, upon the State commission's | 18 | | determination and notice after hearing,
that a licensee has | 19 | | violated any provision of this Act or any rule or
| 20 | | regulation issued pursuant thereto and in effect for 30 | 21 | | days prior to such
violation. | 22 | | For the purpose of this paragraph (1), when determining | 23 | | multiple violations for the sale of alcohol to a person | 24 | | under the age of 21, a second or subsequent violation for | 25 | | the sale of alcohol to a person under the age of 21 shall | 26 | | only be considered if it was committed within 5 years after |
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| 1 | | the date when a prior violation for the sale of alcohol to | 2 | | a person under the age of 21 was committed. | 3 | | The fine imposed under this paragraph may not exceed | 4 | | $500 for each
violation. Each day that the activity, which | 5 | | gave rise to the original fine,
continues is a separate | 6 | | violation. The maximum fine that may be levied against
any | 7 | | licensee, for the period of the license, shall not exceed | 8 | | $20,000.
The maximum penalty that may be imposed on a | 9 | | licensee for selling a bottle of
alcoholic liquor with a | 10 | | foreign object in it or serving from a bottle of
alcoholic | 11 | | liquor with a foreign object in it shall be the destruction | 12 | | of that
bottle of alcoholic liquor for the first 10 bottles | 13 | | so sold or served from by
the licensee. For the eleventh | 14 | | bottle of alcoholic liquor and for each third
bottle | 15 | | thereafter sold or served from by the licensee with a | 16 | | foreign object in
it, the maximum penalty that may be | 17 | | imposed on the licensee is the destruction
of the bottle of | 18 | | alcoholic liquor and a fine of up to $50.
| 19 | | Any notice issued by the State Commission to a licensee | 20 | | for a violation of this Act or any notice with respect to | 21 | | settlement or offer in compromise shall include the field | 22 | | report, photographs, and any other supporting | 23 | | documentation necessary to reasonably inform the licensee | 24 | | of the nature and extent of the violation or the conduct | 25 | | alleged to have occurred. | 26 | | (2) To adopt such rules and regulations consistent with |
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| 1 | | the
provisions of this Act which shall be necessary to | 2 | | carry on its
functions and duties to the end that the | 3 | | health, safety and welfare of
the People of the State of | 4 | | Illinois shall be protected and temperance in
the | 5 | | consumption of alcoholic liquors shall be fostered and | 6 | | promoted and
to distribute copies of such rules and | 7 | | regulations to all licensees
affected thereby.
| 8 | | (3) To call upon other administrative departments of | 9 | | the State,
county and municipal governments, county and | 10 | | city police departments and
upon prosecuting officers for | 11 | | such information and assistance as it
deems necessary in | 12 | | the performance of its duties.
| 13 | | (4) To recommend to local commissioners rules and | 14 | | regulations, not
inconsistent with the law, for the | 15 | | distribution and sale of alcoholic
liquors throughout the | 16 | | State.
| 17 | | (5) To inspect, or cause to be inspected, any
premises | 18 | | in this State
where alcoholic liquors are manufactured, | 19 | | distributed, warehoused, or
sold. Nothing in this Act
| 20 | | authorizes an agent of the Commission to inspect private
| 21 | | areas within the premises without reasonable suspicion or a | 22 | | warrant
during an inspection. "Private areas" include, but | 23 | | are not limited to, safes, personal property, and closed | 24 | | desks.
| 25 | | (5.1) Upon receipt of a complaint or upon having | 26 | | knowledge that any person
is engaged in business as a |
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| 1 | | manufacturer, importing distributor, distributor,
or | 2 | | retailer without a license or valid license, to notify the | 3 | | local liquor
authority, file a complaint with the State's | 4 | | Attorney's Office of the county
where the incident | 5 | | occurred, or initiate an investigation with the | 6 | | appropriate
law enforcement officials.
| 7 | | (5.2) To issue a cease and desist notice to persons | 8 | | shipping alcoholic
liquor
into this State from a point | 9 | | outside of this State if the shipment is in
violation of | 10 | | this Act.
| 11 | | (5.3) To receive complaints from licensees, local | 12 | | officials, law
enforcement agencies, organizations, and | 13 | | persons stating that any licensee has
been or is violating | 14 | | any provision of this Act or the rules and regulations
| 15 | | issued pursuant to this Act. Such complaints shall be in | 16 | | writing, signed and
sworn to by the person making the | 17 | | complaint, and shall state with specificity
the facts in | 18 | | relation to the alleged violation. If the Commission has
| 19 | | reasonable grounds to believe that the complaint | 20 | | substantially alleges a
violation of this Act or rules and | 21 | | regulations adopted pursuant to this Act, it
shall conduct | 22 | | an investigation. If, after conducting an investigation, | 23 | | the
Commission is satisfied that the alleged violation did | 24 | | occur, it shall proceed
with disciplinary action against | 25 | | the licensee as provided in this Act.
| 26 | | (6) To hear and determine appeals from orders of a |
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| 1 | | local commission
in accordance with the provisions of this | 2 | | Act, as hereinafter set forth.
Hearings under this | 3 | | subsection shall be held in Springfield or Chicago,
at | 4 | | whichever location is the more convenient for the majority | 5 | | of persons
who are parties to the hearing.
| 6 | | (7) The commission shall establish uniform systems of | 7 | | accounts to be
kept by all retail licensees having more | 8 | | than 4 employees, and for this
purpose the commission may | 9 | | classify all retail licensees having more
than 4 employees | 10 | | and establish a uniform system of accounts for each
class | 11 | | and prescribe the manner in which such accounts shall be | 12 | | kept.
The commission may also prescribe the forms of | 13 | | accounts to be kept by
all retail licensees having more | 14 | | than 4 employees, including but not
limited to accounts of | 15 | | earnings and expenses and any distribution,
payment, or | 16 | | other distribution of earnings or assets, and any other
| 17 | | forms, records and memoranda which in the judgment of the | 18 | | commission may
be necessary or appropriate to carry out any | 19 | | of the provisions of this
Act, including but not limited to | 20 | | such forms, records and memoranda as
will readily and | 21 | | accurately disclose at all times the beneficial
ownership | 22 | | of such retail licensed business. The accounts, forms,
| 23 | | records and memoranda shall be available at all reasonable | 24 | | times for
inspection by authorized representatives of the | 25 | | State commission or by
any local liquor control | 26 | | commissioner or his or her authorized representative.
The |
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| 1 | | commission, may, from time to time, alter, amend or repeal, | 2 | | in whole
or in part, any uniform system of accounts, or the | 3 | | form and manner of
keeping accounts.
| 4 | | (8) In the conduct of any hearing authorized to be held | 5 | | by the
commission, to appoint, at the commission's | 6 | | discretion, hearing officers
to conduct hearings involving | 7 | | complex issues or issues that will require a
protracted | 8 | | period of time to resolve, to examine, or cause to be | 9 | | examined,
under oath, any licensee, and to examine or cause | 10 | | to be examined the books and
records
of such licensee; to | 11 | | hear testimony and take proof material for its
information | 12 | | in the discharge of its duties hereunder; to administer or
| 13 | | cause to be administered oaths; for any such purpose to | 14 | | issue
subpoena or subpoenas to require the attendance of | 15 | | witnesses and the
production of books, which shall be | 16 | | effective in any part of this State, and
to adopt rules to | 17 | | implement its powers under this paragraph (8).
| 18 | | Any Circuit Court may by order duly entered,
require | 19 | | the attendance of witnesses and the production of relevant | 20 | | books
subpoenaed by the State commission and the court may | 21 | | compel
obedience to its order by proceedings for contempt.
| 22 | | (9) To investigate the administration of laws in | 23 | | relation to
alcoholic liquors in this and other states and | 24 | | any foreign countries,
and to recommend from time to time | 25 | | to the Governor and through him or
her to the legislature | 26 | | of this State, such amendments to this Act, if any, as
it |
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| 1 | | may think desirable and as will serve to further the | 2 | | general broad
purposes contained in Section 1-2 hereof.
| 3 | | (10) To adopt such rules and regulations consistent | 4 | | with the
provisions of this Act which shall be necessary | 5 | | for the control, sale or
disposition of alcoholic liquor | 6 | | damaged as a result of an accident, wreck,
flood, fire or | 7 | | other similar occurrence.
| 8 | | (11) To develop industry educational programs related | 9 | | to responsible
serving and selling, particularly in the | 10 | | areas of overserving consumers and
illegal underage | 11 | | purchasing and consumption of alcoholic beverages.
| 12 | | (11.1) To license persons providing education and | 13 | | training to alcohol
beverage sellers and servers for | 14 | | mandatory and non-mandatory training under the
Beverage | 15 | | Alcohol Sellers and Servers
Education and Training | 16 | | (BASSET) programs and to develop and administer a public
| 17 | | awareness program in Illinois to reduce or eliminate the | 18 | | illegal purchase and
consumption of alcoholic beverage | 19 | | products by persons under the age of 21.
Application for a | 20 | | license shall be made on forms provided by the State
| 21 | | Commission.
| 22 | | (12) To develop and maintain a repository of license | 23 | | and regulatory
information.
| 24 | | (13) On or before January 15, 1994, the Commission | 25 | | shall issue
a written report to the Governor and General | 26 | | Assembly that is to be based on a
comprehensive study of |
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| 1 | | the impact on and implications for the State of Illinois
of | 2 | | Section 1926 of the federal ADAMHA Reorganization Act of | 3 | | 1992 (Public Law
102-321). This study shall address the | 4 | | extent to which Illinois currently
complies with the | 5 | | provisions of P.L. 102-321 and the rules promulgated | 6 | | pursuant
thereto.
| 7 | | As part of its report, the Commission shall provide the | 8 | | following essential
information:
| 9 | | (i) the number of retail distributors of tobacco | 10 | | products, by type and
geographic area, in the State;
| 11 | | (ii) the number of reported citations and | 12 | | successful convictions,
categorized by type and | 13 | | location of retail distributor, for violation of the
| 14 | | Prevention of Tobacco Use by Minors and Sale and | 15 | | Distribution of Tobacco Products Act and the Smokeless
| 16 | | Tobacco Limitation Act;
| 17 | | (iii) the extent and nature of organized | 18 | | educational and governmental
activities that are | 19 | | intended to promote, encourage or otherwise secure
| 20 | | compliance with any Illinois laws that prohibit the | 21 | | sale or distribution of
tobacco products to minors; and
| 22 | | (iv) the level of access and availability of | 23 | | tobacco products to
individuals under the age of 18.
| 24 | | To obtain the data necessary to comply with the | 25 | | provisions of P.L. 102-321
and the requirements of this | 26 | | report, the Commission shall conduct random,
unannounced |
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| 1 | | inspections of a geographically and scientifically | 2 | | representative
sample of the State's retail tobacco | 3 | | distributors.
| 4 | | The Commission shall consult with the Department of | 5 | | Public Health, the
Department of Human Services, the
| 6 | | Illinois State Police and any
other executive branch | 7 | | agency, and private organizations that may have
| 8 | | information relevant to this report.
| 9 | | The Commission may contract with the Food and Drug | 10 | | Administration of the
U.S. Department of Health and Human | 11 | | Services to conduct unannounced
investigations of Illinois | 12 | | tobacco vendors to determine compliance with federal
laws | 13 | | relating to the illegal sale of cigarettes and smokeless | 14 | | tobacco products
to persons under the age of 18.
| 15 | | (14) On or before April 30, 2008 and every 2 years
| 16 | | thereafter, the Commission shall present a written
report | 17 | | to the Governor and the General Assembly that shall
be | 18 | | based on a study of the impact of Public Act 95-634 on the | 19 | | business of soliciting,
selling, and shipping wine from | 20 | | inside and outside of this
State directly to residents of | 21 | | this State. As part of its
report, the Commission shall | 22 | | provide all of the
following information: | 23 | | (A) The amount of State excise and sales tax
| 24 | | revenues generated. | 25 | | (B) The amount of licensing fees received. | 26 | | (C) The number of cases of wine shipped from inside
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| 1 | | and outside of this State directly to residents of this
| 2 | | State. | 3 | | (D) The number of alcohol compliance operations
| 4 | | conducted. | 5 | | (E) The number of winery shipper's licenses
| 6 | | issued. | 7 | | (F) The number of each of the following: reported
| 8 | | violations; cease and desist notices issued by the
| 9 | | Commission; notices of violations issued by
the | 10 | | Commission and to the Department of Revenue;
and | 11 | | notices and complaints of violations to law
| 12 | | enforcement officials, including, without limitation,
| 13 | | the Illinois Attorney General and the U.S. Department
| 14 | | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | 15 | | (15) As a means to reduce the underage consumption of
| 16 | | alcoholic liquors, the Commission shall conduct
alcohol | 17 | | compliance operations to investigate whether
businesses | 18 | | that are soliciting, selling, and shipping wine
from inside | 19 | | or outside of this State directly to residents
of this | 20 | | State are licensed by this State or are selling or
| 21 | | attempting to sell wine to persons under 21 years of age in
| 22 | | violation of this Act. | 23 | | (16) The Commission shall, in addition to
notifying any | 24 | | appropriate law enforcement agency, submit
notices of | 25 | | complaints or violations of Sections 6-29 and
6-29.1 by | 26 | | persons who do not hold a winery shipper's
license under |
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| 1 | | this Act to the Illinois Attorney General and
to the U.S. | 2 | | Department of Treasury's Alcohol and Tobacco Tax and Trade | 3 | | Bureau. | 4 | | (17)(A) A person licensed to make wine under the laws | 5 | | of another state who has a winery shipper's license under | 6 | | this Act and annually produces less than 25,000 gallons of | 7 | | wine or a person who has a first-class or second-class wine | 8 | | manufacturer's license, a first-class or second-class | 9 | | wine-maker's license, or a limited wine manufacturer's | 10 | | license under this Act and annually produces less than | 11 | | 25,000 gallons of wine may make application to the | 12 | | Commission for a self-distribution exemption to allow the | 13 | | sale of not more than 5,000 gallons of the exemption | 14 | | holder's wine to retail licensees per year. | 15 | | (B) In the application, which shall be sworn under | 16 | | penalty of perjury, such person shall state (1) the date it | 17 | | was established; (2) its volume of production and sales for | 18 | | each year since its establishment; (3) its efforts to | 19 | | establish distributor relationships; (4) that a | 20 | | self-distribution exemption is necessary to facilitate the | 21 | | marketing of its wine; and (5) that it will comply with the | 22 | | liquor and revenue laws of the United States, this State, | 23 | | and any other state where it is licensed. | 24 | | (C) The Commission shall approve the application for a | 25 | | self-distribution exemption if such person: (1) is in | 26 | | compliance with State revenue and liquor laws; (2) is not a |
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| 1 | | member of any affiliated group that produces more than | 2 | | 25,000 gallons of wine per annum or produces any other | 3 | | alcoholic liquor; (3) will not annually produce for sale | 4 | | more than 25,000 gallons of wine; and (4) will not annually | 5 | | sell more than 5,000 gallons of its wine to retail | 6 | | licensees. | 7 | | (D) A self-distribution exemption holder shall | 8 | | annually certify to the Commission its production of wine | 9 | | in the previous 12 months and its anticipated production | 10 | | and sales for the next 12 months. The Commission may fine, | 11 | | suspend, or revoke a self-distribution exemption after a | 12 | | hearing if it finds that the exemption holder has made a | 13 | | material misrepresentation in its application, violated a | 14 | | revenue or liquor law of Illinois, exceeded production of | 15 | | 25,000 gallons of wine in any calendar year, or become part | 16 | | of an affiliated group producing more than 25,000 gallons | 17 | | of wine or any other alcoholic liquor. | 18 | | (E) Except in hearings for violations of this Act or | 19 | | Public Act 95-634 or a bona fide investigation by duly | 20 | | sworn law enforcement officials, the Commission, or its | 21 | | agents, the Commission shall maintain the production and | 22 | | sales information of a self-distribution exemption holder | 23 | | as confidential and shall not release such information to | 24 | | any person. | 25 | | (F) The Commission shall issue regulations governing | 26 | | self-distribution exemptions consistent with this Section |
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| 1 | | and this Act. | 2 | | (G) Nothing in this subsection (17) shall prohibit a | 3 | | self-distribution exemption holder from entering into or | 4 | | simultaneously having a distribution agreement with a | 5 | | licensed Illinois distributor. | 6 | | (H) It is the intent of this subsection (17) to promote | 7 | | and continue orderly markets. The General Assembly finds | 8 | | that in order to preserve Illinois' regulatory | 9 | | distribution system it is necessary to create an exception | 10 | | for smaller makers of wine as their wines are frequently | 11 | | adjusted in varietals, mixes, vintages, and taste to find | 12 | | and create market niches sometimes too small for | 13 | | distributor or importing distributor business strategies. | 14 | | Limited self-distribution rights will afford and allow | 15 | | smaller makers of wine access to the marketplace in order | 16 | | to develop a customer base without impairing the integrity | 17 | | of the 3-tier system.
| 18 | | (18)(A) A class 1 brewer licensee, who must also be | 19 | | either a licensed brewer or licensed non-resident dealer | 20 | | and annually manufacture less than 930,000 gallons of beer, | 21 | | may make application to the State Commission for a | 22 | | self-distribution exemption to allow the sale of not more | 23 | | than 232,500 gallons of the exemption holder's beer per | 24 | | year to retail licensees and to brewers, class 1 brewers, | 25 | | and class 2 brewers that, pursuant to subsection (e) of | 26 | | Section 6-4 of this Act, sell beer, cider, or both beer and |
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| 1 | | cider to non-licensees at their breweries per year . | 2 | | (B) In the application, which shall be sworn under | 3 | | penalty of perjury, the class 1 brewer licensee shall state | 4 | | (1) the date it was established; (2) its volume of beer | 5 | | manufactured and sold for each year since its | 6 | | establishment; (3) its efforts to establish distributor | 7 | | relationships; (4) that a self-distribution exemption is | 8 | | necessary to facilitate the marketing of its beer; and (5) | 9 | | that it will comply with the alcoholic beverage and revenue | 10 | | laws of the United States, this State, and any other state | 11 | | where it is licensed. | 12 | | (C) Any application submitted shall be posted on the | 13 | | State Commission's website at least 45 days prior to action | 14 | | by the State Commission. The State Commission shall approve | 15 | | the application for a self-distribution exemption if the | 16 | | class 1 brewer licensee: (1) is in compliance with the | 17 | | State, revenue, and alcoholic beverage laws; (2) is not a | 18 | | member of any affiliated group that manufactures more than | 19 | | 930,000 gallons of beer per annum or produces any other | 20 | | alcoholic beverages; (3) shall not annually manufacture | 21 | | for sale more than 930,000 gallons of beer; (4) shall not | 22 | | annually sell more than 232,500 gallons of its beer to | 23 | | retail licensees or to brewers, class 1 brewers, and class | 24 | | 2 brewers that, pursuant to subsection (e) of Section 6-4 | 25 | | of this Act, sell beer, cider, or both beer and cider to | 26 | | non-licensees at their breweries ; and (5) has relinquished |
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| 1 | | any brew pub license held by the licensee, including any | 2 | | ownership interest it held in the licensed brew pub. | 3 | | (D) A self-distribution exemption holder shall | 4 | | annually certify to the State Commission its manufacture of | 5 | | beer during the previous 12 months and its anticipated | 6 | | manufacture and sales of beer for the next 12 months. The | 7 | | State Commission may fine, suspend, or revoke a | 8 | | self-distribution exemption after a hearing if it finds | 9 | | that the exemption holder has made a material | 10 | | misrepresentation in its application, violated a revenue | 11 | | or alcoholic beverage law of Illinois, exceeded the | 12 | | manufacture of 930,000 gallons of beer in any calendar year | 13 | | or became part of an affiliated group manufacturing more | 14 | | than 930,000 gallons of beer or any other alcoholic | 15 | | beverage. | 16 | | (E) The State Commission shall issue rules and | 17 | | regulations governing self-distribution exemptions | 18 | | consistent with this Act. | 19 | | (F) Nothing in this paragraph (18) shall prohibit a | 20 | | self-distribution exemption holder from entering into or | 21 | | simultaneously having a distribution agreement with a | 22 | | licensed Illinois importing distributor or a distributor. | 23 | | If a self-distribution exemption holder enters into a | 24 | | distribution agreement and has assigned distribution | 25 | | rights to an importing distributor or distributor, then the | 26 | | self-distribution exemption holder's distribution rights |
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| 1 | | in the assigned territories shall cease in a reasonable | 2 | | time not to exceed 60 days. | 3 | | (G) It is the intent of this paragraph (18) to promote | 4 | | and continue orderly markets. The General Assembly finds | 5 | | that in order to preserve Illinois' regulatory | 6 | | distribution system, it is necessary to create an exception | 7 | | for smaller manufacturers in order to afford and allow such | 8 | | smaller manufacturers of beer access to the marketplace in | 9 | | order to develop a customer base without impairing the | 10 | | integrity of the 3-tier system. | 11 | | (b) On or before April 30, 1999, the Commission shall | 12 | | present a written
report to the Governor and the General | 13 | | Assembly that shall be based on a study
of the impact of Public | 14 | | Act 90-739 on the business of soliciting,
selling, and shipping
| 15 | | alcoholic liquor from outside of this State directly to | 16 | | residents of this
State.
| 17 | | As part of its report, the Commission shall provide the | 18 | | following
information:
| 19 | | (i) the amount of State excise and sales tax revenues | 20 | | generated as a
result of Public Act 90-739;
| 21 | | (ii) the amount of licensing fees received as a result | 22 | | of Public Act 90-739;
| 23 | | (iii) the number of reported violations, the number of | 24 | | cease and desist
notices issued by the Commission, the | 25 | | number of notices of violations issued
to the Department of | 26 | | Revenue, and the number of notices and complaints of
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| 1 | | violations to law enforcement officials.
| 2 | | (Source: P.A. 99-78, eff. 7-20-15; 99-448, eff. 8-24-15; | 3 | | 100-134, eff. 8-18-17; 100-201, eff. 8-18-17.) | 4 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | 5 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control | 6 | | Commission
shall be of the following classes: | 7 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 8 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 9 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | 10 | | First Class Winemaker, Class 7. Second Class Winemaker, Class | 11 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | 12 | | 10. Class 1 Brewer, Class 11. Class 2 Brewer, | 13 | | (b) Distributor's license, | 14 | | (c) Importing Distributor's license, | 15 | | (d) Retailer's license, | 16 | | (e) Special Event Retailer's license (not-for-profit), | 17 | | (f) Railroad license, | 18 | | (g) Boat license, | 19 | | (h) Non-Beverage User's license, | 20 | | (i) Wine-maker's premises license, | 21 | | (j) Airplane license, | 22 | | (k) Foreign importer's license, | 23 | | (l) Broker's license, | 24 | | (m) Non-resident dealer's
license, | 25 | | (n) Brew Pub license, |
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| 1 | | (o) Auction liquor license, | 2 | | (p) Caterer retailer license, | 3 | | (q) Special use permit license, | 4 | | (r) Winery shipper's license, | 5 | | (s) Craft distiller tasting permit. | 6 | | No
person, firm, partnership, corporation, or other legal | 7 | | business entity that is
engaged in the manufacturing of wine | 8 | | may concurrently obtain and hold a
wine-maker's license and a | 9 | | wine manufacturer's license. | 10 | | (a) A manufacturer's license shall allow the manufacture,
| 11 | | importation in bulk, storage, distribution and sale of | 12 | | alcoholic liquor
to persons without the State, as may be | 13 | | permitted by law and to licensees
in this State as follows: | 14 | | Class 1. A Distiller may make sales and deliveries of | 15 | | alcoholic liquor to
distillers, rectifiers, importing | 16 | | distributors, distributors and
non-beverage users and to no | 17 | | other licensees. | 18 | | Class 2. A Rectifier, who is not a distiller, as defined | 19 | | herein, may make
sales and deliveries of alcoholic liquor to | 20 | | rectifiers, importing distributors,
distributors, retailers | 21 | | and non-beverage users and to no other licensees. | 22 | | Class 3. A Brewer may make sales and deliveries of beer to | 23 | | importing
distributors and distributors and may make sales as | 24 | | authorized under subsection (e) of Section 6-4 of this Act. | 25 | | Class 4. A first class wine-manufacturer may make sales and | 26 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
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| 1 | | importing
distributors and distributors, and to no other | 2 | | licensees. | 3 | | Class 5. A second class Wine manufacturer may make sales | 4 | | and deliveries
of more than 50,000 gallons of wine to | 5 | | manufacturers, importing distributors
and distributors and to | 6 | | no other licensees. | 7 | | Class 6. A first-class wine-maker's license shall allow the | 8 | | manufacture
of up to 50,000 gallons of wine per year, and the
| 9 | | storage
and sale of such
wine to distributors in the State and | 10 | | to persons without the
State, as may be permitted by law. A | 11 | | person who, prior to June 1, 2008 (the effective date of Public | 12 | | Act 95-634), is a holder of a first-class wine-maker's license | 13 | | and annually produces more than 25,000 gallons of its own wine | 14 | | and who distributes its wine to licensed retailers shall cease | 15 | | this practice on or before July 1, 2008 in compliance with | 16 | | Public Act 95-634. | 17 | | Class 7. A second-class wine-maker's license shall allow | 18 | | the manufacture
of between 50,000 and 150,000 gallons of wine | 19 | | per year, and
the
storage and sale of such wine
to distributors | 20 | | in this State and to persons without the State, as may be
| 21 | | permitted by law. A person who, prior to June 1, 2008 (the | 22 | | effective date of Public Act 95-634), is a holder of a | 23 | | second-class wine-maker's license and annually produces more | 24 | | than 25,000 gallons of its own wine and who distributes its | 25 | | wine to licensed retailers shall cease this practice on or | 26 | | before July 1, 2008 in compliance with Public Act 95-634. |
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| 1 | | Class 8. A limited wine-manufacturer may make sales and | 2 | | deliveries not to
exceed 40,000 gallons of wine per year to | 3 | | distributors, and to
non-licensees in accordance with the | 4 | | provisions of this Act. | 5 | | Class 9. A craft distiller license shall allow the | 6 | | manufacture of up to 100,000 gallons of spirits by distillation | 7 | | per year and the storage of such spirits. If a craft distiller | 8 | | licensee, including a craft distiller licensee who holds more | 9 | | than one craft distiller license, is not affiliated with any | 10 | | other manufacturer of spirits, then the craft distiller | 11 | | licensee may sell such spirits to distributors in this State | 12 | | and up to 2,500 gallons of such spirits to non-licensees to the | 13 | | extent permitted by any exemption approved by the Commission | 14 | | pursuant to Section 6-4 of this Act. A craft distiller license | 15 | | holder may store such spirits at a non-contiguous licensed | 16 | | location, but at no time shall a craft distiller license holder | 17 | | directly or indirectly produce in the aggregate more than | 18 | | 100,000 gallons of spirits per year. | 19 | | A craft distiller licensee may hold more than one craft | 20 | | distiller's license. However, a craft distiller that holds more | 21 | | than one craft distiller license shall not manufacture, in the | 22 | | aggregate, more than 100,000 gallons of spirits by distillation | 23 | | per year and shall not sell, in the aggregate, more than 2,500 | 24 | | gallons of such spirits to non-licensees in accordance with an | 25 | | exemption approved by the State Commission pursuant to Section | 26 | | 6-4 of this Act. |
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| 1 | | Any craft distiller licensed under this Act who on July 28, | 2 | | 2010 (the effective date of Public Act 96-1367) was licensed as | 3 | | a distiller and manufactured no more spirits than permitted by | 4 | | this Section shall not be required to pay the initial licensing | 5 | | fee. | 6 | | Class 10. A class 1 brewer license, which may only be | 7 | | issued to a licensed brewer or licensed non-resident dealer, | 8 | | shall allow the manufacture of up to 930,000 gallons of beer | 9 | | per year provided that the class 1 brewer licensee does not | 10 | | manufacture more than a combined 930,000 gallons of beer per | 11 | | year and is not a member of or affiliated with, directly or | 12 | | indirectly, a manufacturer that produces more than 930,000 | 13 | | gallons of beer per year or any other alcoholic liquor. A class | 14 | | 1 brewer licensee may make sales and deliveries to importing | 15 | | distributors and distributors and to retail licensees in | 16 | | accordance with the conditions set forth in paragraph (18) of | 17 | | subsection (a) of Section 3-12 of this Act. | 18 | | Class 11. A class 2 brewer license, which may only be | 19 | | issued to a licensed brewer or licensed non-resident dealer, | 20 | | shall allow the manufacture of up to 3,720,000 gallons of beer | 21 | | per year provided that the class 2 brewer licensee does not | 22 | | manufacture more than a combined 3,720,000 gallons of beer per | 23 | | year and is not a member of or affiliated with, directly or | 24 | | indirectly, a manufacturer that produces more than 3,720,000 | 25 | | gallons of beer per year or any other alcoholic liquor. A class | 26 | | 2 brewer licensee may make sales and deliveries to importing |
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| 1 | | distributors and distributors, but shall not make sales or | 2 | | deliveries to any other licensee. If the State Commission | 3 | | provides prior approval, a class 2 brewer licensee may annually | 4 | | transfer up to 3,720,000 gallons of beer manufactured by that | 5 | | class 2 brewer licensee to the premises of a licensed class 2 | 6 | | brewer wholly owned and operated by the same licensee. | 7 | | (a-1) A manufacturer which is licensed in this State to | 8 | | make sales or
deliveries of alcoholic liquor to licensed | 9 | | distributors or importing distributors and which enlists | 10 | | agents, representatives, or
individuals acting on its behalf | 11 | | who contact licensed retailers on a regular
and continual basis | 12 | | in this State must register those agents, representatives,
or | 13 | | persons acting on its behalf with the State Commission. | 14 | | Registration of agents, representatives, or persons acting | 15 | | on behalf of a
manufacturer is fulfilled by submitting a form | 16 | | to the Commission. The form
shall be developed by the | 17 | | Commission and shall include the name and address of
the | 18 | | applicant, the name and address of the manufacturer he or she | 19 | | represents,
the territory or areas assigned to sell to or | 20 | | discuss pricing terms of
alcoholic liquor, and any other | 21 | | questions deemed appropriate and necessary.
All statements in | 22 | | the forms required to be made by law or by rule shall be
deemed | 23 | | material, and any person who knowingly misstates any material | 24 | | fact under
oath in an application is guilty of a Class B | 25 | | misdemeanor. Fraud,
misrepresentation, false statements, | 26 | | misleading statements, evasions, or
suppression of material |
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| 1 | | facts in the securing of a registration are grounds for
| 2 | | suspension or revocation of the registration. The State | 3 | | Commission shall post a list of registered agents on the | 4 | | Commission's website. | 5 | | (b) A distributor's license shall allow the wholesale | 6 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 7 | | liquors to licensees in this State and to persons without the | 8 | | State, as may be permitted by law , and the sale of beer, cider, | 9 | | or both beer and cider to brewers, class 1 brewers, and class 2 | 10 | | brewers that, pursuant to subsection (e) of Section 6-4 of this | 11 | | Act, sell beer, cider, or both beer and cider to non-licensees | 12 | | at their breweries . No person licensed as a distributor shall | 13 | | be granted a non-resident dealer's license. | 14 | | (c) An importing distributor's license may be issued to and | 15 | | held by
those only who are duly licensed distributors, upon the | 16 | | filing of an
application by a duly licensed distributor, with | 17 | | the Commission and
the Commission shall, without the
payment of | 18 | | any fee, immediately issue such importing distributor's
| 19 | | license to the applicant, which shall allow the importation of | 20 | | alcoholic
liquor by the licensee into this State from any point | 21 | | in the United
States outside this State, and the purchase of | 22 | | alcoholic liquor in
barrels, casks or other bulk containers and | 23 | | the bottling of such
alcoholic liquors before resale thereof, | 24 | | but all bottles or containers
so filled shall be sealed, | 25 | | labeled, stamped and otherwise made to comply
with all | 26 | | provisions, rules and regulations governing manufacturers in
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| 1 | | the preparation and bottling of alcoholic liquors. The | 2 | | importing
distributor's license shall permit such licensee to | 3 | | purchase alcoholic
liquor from Illinois licensed non-resident | 4 | | dealers and foreign importers only. No person licensed as an | 5 | | importing distributor shall be granted a non-resident dealer's | 6 | | license. | 7 | | (d) A retailer's license shall allow the licensee to sell | 8 | | and offer
for sale at retail, only in the premises specified in | 9 | | the license,
alcoholic liquor for use or consumption, but not | 10 | | for resale in any form. Nothing in Public Act 95-634 shall | 11 | | deny, limit, remove, or restrict the ability of a holder of a | 12 | | retailer's license to transfer, deliver, or ship alcoholic | 13 | | liquor to the purchaser for use or consumption subject to any | 14 | | applicable local law or ordinance. Any retail license issued to | 15 | | a manufacturer shall only
permit the manufacturer to sell beer | 16 | | at retail on the premises actually
occupied by the | 17 | | manufacturer. For the purpose of further describing the type of | 18 | | business conducted at a retail licensed premises, a retailer's | 19 | | licensee may be designated by the State Commission as (i) an on | 20 | | premise consumption retailer, (ii) an off premise sale | 21 | | retailer, or (iii) a combined on premise consumption and off | 22 | | premise sale retailer.
| 23 | | Notwithstanding any other provision of this subsection | 24 | | (d), a retail
licensee may sell alcoholic liquors to a special | 25 | | event retailer licensee for
resale to the extent permitted | 26 | | under subsection (e). |
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| 1 | | (e) A special event retailer's license (not-for-profit) | 2 | | shall permit the
licensee to purchase alcoholic liquors from an | 3 | | Illinois licensed distributor
(unless the licensee purchases | 4 | | less than $500 of alcoholic liquors for the
special event, in | 5 | | which case the licensee may purchase the alcoholic liquors
from | 6 | | a licensed retailer) and shall allow the licensee to sell and | 7 | | offer for
sale, at retail, alcoholic liquors for use or | 8 | | consumption, but not for resale
in any form and only at the | 9 | | location and on the specific dates designated for
the special | 10 | | event in the license. An applicant for a special event retailer
| 11 | | license must
(i) furnish with the application: (A) a resale | 12 | | number issued under Section
2c of the Retailers' Occupation Tax | 13 | | Act or evidence that the applicant is
registered under Section | 14 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 15 | | exemption identification
number issued under Section 1g of the | 16 | | Retailers' Occupation Tax Act, and a
certification to the | 17 | | Commission that the purchase of alcoholic liquors will be
a | 18 | | tax-exempt purchase, or (C) a statement that the applicant is | 19 | | not registered
under Section 2a of the Retailers' Occupation | 20 | | Tax Act, does not hold a resale
number under Section 2c of the | 21 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 22 | | number under Section 1g of the Retailers' Occupation Tax
Act, | 23 | | in which event the Commission shall set forth on the special | 24 | | event
retailer's license a statement to that effect; (ii) | 25 | | submit with the application proof satisfactory to
the State | 26 | | Commission that the applicant will provide dram shop liability
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| 1 | | insurance in the maximum limits; and (iii) show proof | 2 | | satisfactory to the
State Commission that the applicant has | 3 | | obtained local authority
approval. | 4 | | (f) A railroad license shall permit the licensee to import | 5 | | alcoholic
liquors into this State from any point in the United | 6 | | States outside this
State and to store such alcoholic liquors | 7 | | in this State; to make wholesale
purchases of alcoholic liquors | 8 | | directly from manufacturers, foreign
importers, distributors | 9 | | and importing distributors from within or outside
this State; | 10 | | and to store such alcoholic liquors in this State; provided
| 11 | | that the above powers may be exercised only in connection with | 12 | | the
importation, purchase or storage of alcoholic liquors to be | 13 | | sold or
dispensed on a club, buffet, lounge or dining car | 14 | | operated on an electric,
gas or steam railway in this State; | 15 | | and provided further, that railroad
licensees exercising the | 16 | | above powers shall be subject to all provisions of
Article VIII | 17 | | of this Act as applied to importing distributors. A railroad
| 18 | | license shall also permit the licensee to sell or dispense | 19 | | alcoholic
liquors on any club, buffet, lounge or dining car | 20 | | operated on an electric,
gas or steam railway regularly | 21 | | operated by a common carrier in this State,
but shall not | 22 | | permit the sale for resale of any alcoholic liquors to any
| 23 | | licensee within this State. A license shall be obtained for | 24 | | each car in which
such sales are made. | 25 | | (g) A boat license shall allow the sale of alcoholic liquor | 26 | | in
individual drinks, on any passenger boat regularly operated |
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| 1 | | as a common
carrier on navigable waters in this State or on any | 2 | | riverboat operated
under
the Riverboat Gambling Act, which boat | 3 | | or riverboat maintains a public
dining room or restaurant | 4 | | thereon. | 5 | | (h) A non-beverage user's license shall allow the licensee | 6 | | to
purchase alcoholic liquor from a licensed manufacturer or | 7 | | importing
distributor, without the imposition of any tax upon | 8 | | the business of such
licensed manufacturer or importing | 9 | | distributor as to such alcoholic
liquor to be used by such | 10 | | licensee solely for the non-beverage purposes
set forth in | 11 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 12 | | shall be divided and classified and shall permit the
purchase, | 13 | | possession and use of limited and stated quantities of
| 14 | | alcoholic liquor as follows: | 15 | | Class 1, not to exceed ......................... 500 gallons
| 16 | | Class 2, not to exceed ....................... 1,000 gallons
| 17 | | Class 3, not to exceed ....................... 5,000 gallons
| 18 | | Class 4, not to exceed ...................... 10,000 gallons
| 19 | | Class 5, not to exceed ....................... 50,000 gallons | 20 | | (i) A wine-maker's premises license shall allow a
licensee | 21 | | that concurrently holds a first-class wine-maker's license to | 22 | | sell
and offer for sale at retail in the premises specified in | 23 | | such license
not more than 50,000 gallons of the first-class | 24 | | wine-maker's wine that is
made at the first-class wine-maker's | 25 | | licensed premises per year for use or
consumption, but not for | 26 | | resale in any form. A wine-maker's premises
license shall allow |
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| 1 | | a licensee who concurrently holds a second-class
wine-maker's | 2 | | license to sell and offer for sale at retail in the premises
| 3 | | specified in such license up to 100,000 gallons of the
| 4 | | second-class wine-maker's wine that is made at the second-class | 5 | | wine-maker's
licensed premises per year
for use or consumption | 6 | | but not for resale in any form. A wine-maker's premises license | 7 | | shall allow a
licensee that concurrently holds a first-class | 8 | | wine-maker's license or a second-class
wine-maker's license to | 9 | | sell
and offer for sale at retail at the premises specified in | 10 | | the wine-maker's premises license, for use or consumption but | 11 | | not for resale in any form, any beer, wine, and spirits | 12 | | purchased from a licensed distributor. Upon approval from the
| 13 | | State Commission, a wine-maker's premises license
shall allow | 14 | | the licensee to sell and offer for sale at (i) the wine-maker's
| 15 | | licensed premises and (ii) at up to 2 additional locations for | 16 | | use and
consumption and not for resale. Each location shall | 17 | | require additional
licensing per location as specified in | 18 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
| 19 | | secure liquor liability insurance coverage in an amount at
| 20 | | least equal to the maximum liability amounts set forth in
| 21 | | subsection (a) of Section 6-21 of this Act.
| 22 | | (j) An airplane license shall permit the licensee to import
| 23 | | alcoholic liquors into this State from any point in the United | 24 | | States
outside this State and to store such alcoholic liquors | 25 | | in this State; to
make wholesale purchases of alcoholic liquors | 26 | | directly from
manufacturers, foreign importers, distributors |
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| 1 | | and importing
distributors from within or outside this State; | 2 | | and to store such
alcoholic liquors in this State; provided | 3 | | that the above powers may be
exercised only in connection with | 4 | | the importation, purchase or storage
of alcoholic liquors to be | 5 | | sold or dispensed on an airplane; and
provided further, that | 6 | | airplane licensees exercising the above powers
shall be subject | 7 | | to all provisions of Article VIII of this Act as
applied to | 8 | | importing distributors. An airplane licensee shall also
permit | 9 | | the sale or dispensing of alcoholic liquors on any passenger
| 10 | | airplane regularly operated by a common carrier in this State, | 11 | | but shall
not permit the sale for resale of any alcoholic | 12 | | liquors to any licensee
within this State. A single airplane | 13 | | license shall be required of an
airline company if liquor | 14 | | service is provided on board aircraft in this
State. The annual | 15 | | fee for such license shall be as determined in
Section 5-3. | 16 | | (k) A foreign importer's license shall permit such licensee | 17 | | to purchase
alcoholic liquor from Illinois licensed | 18 | | non-resident dealers only, and to
import alcoholic liquor other | 19 | | than in bulk from any point outside the
United States and to | 20 | | sell such alcoholic liquor to Illinois licensed
importing | 21 | | distributors and to no one else in Illinois;
provided that (i) | 22 | | the foreign importer registers with the State Commission
every
| 23 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 24 | | licensees during the
license period, (ii) the foreign importer | 25 | | complies with all of the provisions
of Section
6-9 of this Act | 26 | | with respect to registration of such Illinois licensees as may
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| 1 | | be granted the
right to sell such brands at wholesale, and | 2 | | (iii) the foreign importer complies with the provisions of | 3 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 4 | | provisions apply to manufacturers. | 5 | | (l) (i) A broker's license shall be required of all persons
| 6 | | who solicit
orders for, offer to sell or offer to supply | 7 | | alcoholic liquor to
retailers in the State of Illinois, or who | 8 | | offer to retailers to ship or
cause to be shipped or to make | 9 | | contact with distillers, rectifiers,
brewers or manufacturers | 10 | | or any other party within or without the State
of Illinois in | 11 | | order that alcoholic liquors be shipped to a distributor,
| 12 | | importing distributor or foreign importer, whether such | 13 | | solicitation or
offer is consummated within or without the | 14 | | State of Illinois. | 15 | | No holder of a retailer's license issued by the Illinois | 16 | | Liquor
Control Commission shall purchase or receive any | 17 | | alcoholic liquor, the
order for which was solicited or offered | 18 | | for sale to such retailer by a
broker unless the broker is the | 19 | | holder of a valid broker's license. | 20 | | The broker shall, upon the acceptance by a retailer of the | 21 | | broker's
solicitation of an order or offer to sell or supply or | 22 | | deliver or have
delivered alcoholic liquors, promptly forward | 23 | | to the Illinois Liquor
Control Commission a notification of | 24 | | said transaction in such form as
the Commission may by | 25 | | regulations prescribe. | 26 | | (ii) A broker's license shall be required of
a person |
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| 1 | | within this State, other than a retail licensee,
who, for a fee | 2 | | or commission, promotes, solicits, or accepts orders for
| 3 | | alcoholic liquor, for use or consumption and not for
resale, to | 4 | | be shipped from this State and delivered to residents outside | 5 | | of
this State by an express company, common carrier, or | 6 | | contract carrier.
This Section does not apply to any person who | 7 | | promotes, solicits, or accepts
orders for wine as specifically | 8 | | authorized in Section 6-29 of this Act. | 9 | | A broker's license under this subsection (l)
shall not | 10 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 11 | | own account or to take or deliver title to
such alcoholic | 12 | | liquors. | 13 | | This subsection (l)
shall not apply to distributors, | 14 | | employees of
distributors, or employees of a manufacturer who | 15 | | has registered the
trademark, brand or name of the alcoholic | 16 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 17 | | sells such alcoholic liquor
in the State of Illinois only to | 18 | | its registrants thereunder. | 19 | | Any agent, representative, or person subject to | 20 | | registration pursuant to
subsection (a-1) of this Section shall | 21 | | not be eligible to receive a broker's
license. | 22 | | (m) A non-resident dealer's license shall permit such | 23 | | licensee to ship
into and warehouse alcoholic liquor into this | 24 | | State from any point
outside of this State, and to sell such | 25 | | alcoholic liquor to Illinois licensed
foreign importers and | 26 | | importing distributors and to no one else in this State;
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| 1 | | provided that (i) said non-resident dealer shall register with | 2 | | the Illinois Liquor
Control Commission each and every brand of | 3 | | alcoholic liquor which it proposes
to sell to Illinois | 4 | | licensees during the license period, (ii) it shall comply with | 5 | | all of the provisions of Section 6-9 hereof with
respect to | 6 | | registration of such Illinois licensees as may be granted the | 7 | | right
to sell such brands at wholesale, and (iii) the | 8 | | non-resident dealer shall comply with the provisions of | 9 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 10 | | provisions apply to manufacturers. No person licensed as a | 11 | | non-resident dealer shall be granted a distributor's or | 12 | | importing distributor's license. | 13 | | (n) A brew pub license shall allow the licensee to only (i) | 14 | | manufacture up to 155,000 gallons of beer per year only
on the | 15 | | premises specified in the license, (ii) make sales of the
beer | 16 | | manufactured on the premises or, with the approval of the | 17 | | Commission, beer manufactured on another brew pub licensed | 18 | | premises that is wholly owned and operated by the same licensee | 19 | | to importing distributors, distributors,
and to non-licensees | 20 | | for use and consumption, (iii) store the beer upon
the | 21 | | premises, (iv) sell and offer for sale at retail from the | 22 | | licensed
premises for off-premises
consumption no more than | 23 | | 155,000 gallons per year so long as such sales are only made | 24 | | in-person, (v) sell and offer for sale at retail for use and | 25 | | consumption on the premises specified in the license any form | 26 | | of alcoholic liquor purchased from a licensed distributor or |
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| 1 | | importing distributor, and (vi) with the prior approval of the | 2 | | Commission, annually transfer no more than 155,000 gallons of | 3 | | beer manufactured on the premises to a licensed brew pub wholly | 4 | | owned and operated by the same licensee. | 5 | | A brew pub licensee shall not under any circumstance sell | 6 | | or offer for sale beer manufactured by the brew pub licensee to | 7 | | retail licensees. | 8 | | A person who holds a class 2 brewer license may | 9 | | simultaneously hold a brew pub license if the class 2 brewer | 10 | | (i) does not, under any circumstance, sell or offer for sale | 11 | | beer manufactured by the class 2 brewer to retail licensees; | 12 | | (ii) does not hold more than 3 brew pub licenses in this State; | 13 | | (iii) does not manufacture more than a combined 3,720,000 | 14 | | gallons of beer per year, including the beer manufactured at | 15 | | the brew pub; and (iv) is not a member of or affiliated with, | 16 | | directly or indirectly, a manufacturer that produces more than | 17 | | 3,720,000 gallons of beer per year or any other alcoholic | 18 | | liquor. | 19 | | Notwithstanding any other provision of this Act, a licensed | 20 | | brewer, class 2 brewer, or non-resident dealer who before July | 21 | | 1, 2015 manufactured less than 3,720,000 gallons of beer per | 22 | | year and held a brew pub license on or before July 1, 2015 may | 23 | | (i) continue to qualify for and hold that brew pub license for | 24 | | the licensed premises and (ii) manufacture more than 3,720,000 | 25 | | gallons of beer per year and continue to qualify for and hold | 26 | | that brew pub license if that brewer, class 2 brewer, or |
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| 1 | | non-resident dealer does not simultaneously hold a class 1 | 2 | | brewer license and is not a member of or affiliated with, | 3 | | directly or indirectly, a manufacturer that produces more than | 4 | | 3,720,000 gallons of beer per year or that produces any other | 5 | | alcoholic liquor. | 6 | | (o) A caterer retailer license shall allow the holder
to | 7 | | serve alcoholic liquors as an incidental part of a food service | 8 | | that serves
prepared meals which excludes the serving of snacks | 9 | | as
the primary meal, either on or off-site whether licensed or | 10 | | unlicensed. | 11 | | (p) An auction liquor license shall allow the licensee to | 12 | | sell and offer
for sale at auction wine and spirits for use or | 13 | | consumption, or for resale by
an Illinois liquor licensee in | 14 | | accordance with provisions of this Act. An
auction liquor | 15 | | license will be issued to a person and it will permit the
| 16 | | auction liquor licensee to hold the auction anywhere in the | 17 | | State. An auction
liquor license must be obtained for each | 18 | | auction at least 14 days in advance of
the auction date. | 19 | | (q) A special use permit license shall allow an Illinois | 20 | | licensed
retailer to transfer a portion of its alcoholic liquor | 21 | | inventory from its
retail licensed premises to the premises | 22 | | specified in the license hereby
created, and to sell or offer | 23 | | for sale at retail, only in the premises
specified in the | 24 | | license hereby created, the transferred alcoholic liquor for
| 25 | | use or consumption, but not for resale in any form. A special | 26 | | use permit
license may be granted for the following time |
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| 1 | | periods: one day or less; 2 or
more days to a maximum of 15 days | 2 | | per location in any 12-month period. An
applicant for the | 3 | | special use permit license must also submit with the
| 4 | | application proof satisfactory to the State Commission that the | 5 | | applicant will
provide dram shop liability insurance to the | 6 | | maximum limits and have local
authority approval. | 7 | | (r) A winery shipper's license shall allow a person
with a | 8 | | first-class or second-class wine manufacturer's
license, a | 9 | | first-class or second-class wine-maker's license,
or a limited | 10 | | wine manufacturer's license or who is licensed to
make wine | 11 | | under the laws of another state to ship wine
made by that | 12 | | licensee directly to a resident of this
State who is 21 years | 13 | | of age or older for that resident's
personal use and not for | 14 | | resale. Prior to receiving a
winery shipper's license, an | 15 | | applicant for the license must
provide the Commission with a | 16 | | true copy of its current
license in any state in which it is | 17 | | licensed as a manufacturer
of wine. An applicant for a winery | 18 | | shipper's license must
also complete an application form that | 19 | | provides any other
information the Commission deems necessary. | 20 | | The application form shall include all addresses from which the | 21 | | applicant for a winery shipper's license intends to ship wine, | 22 | | including the name and address of any third party, except for a | 23 | | common carrier, authorized to ship wine on behalf of the | 24 | | manufacturer. The
application form shall include an | 25 | | acknowledgement consenting
to the jurisdiction of the | 26 | | Commission, the Illinois
Department of Revenue, and the courts |
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| 1 | | of this State concerning
the enforcement of this Act and any | 2 | | related laws, rules, and
regulations, including authorizing | 3 | | the Department of Revenue
and the Commission to conduct audits | 4 | | for the purpose of
ensuring compliance with Public Act 95-634, | 5 | | and an acknowledgement that the wine manufacturer is in | 6 | | compliance with Section 6-2 of this Act. Any third party, | 7 | | except for a common carrier, authorized to ship wine on behalf | 8 | | of a first-class or second-class wine manufacturer's licensee, | 9 | | a first-class or second-class wine-maker's licensee, a limited | 10 | | wine manufacturer's licensee, or a person who is licensed to | 11 | | make wine under the laws of another state shall also be | 12 | | disclosed by the winery shipper's licensee, and a copy of the | 13 | | written appointment of the third-party wine provider, except | 14 | | for a common carrier, to the wine manufacturer shall be filed | 15 | | with the State Commission as a supplement to the winery | 16 | | shipper's license application or any renewal thereof. The | 17 | | winery shipper's license holder shall affirm under penalty of | 18 | | perjury, as part of the winery shipper's license application or | 19 | | renewal, that he or she only ships wine, either directly or | 20 | | indirectly through a third-party provider, from the licensee's | 21 | | own production. | 22 | | Except for a common carrier, a third-party provider | 23 | | shipping wine on behalf of a winery shipper's license holder is | 24 | | the agent of the winery shipper's license holder and, as such, | 25 | | a winery shipper's license holder is responsible for the acts | 26 | | and omissions of the third-party provider acting on behalf of |
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| 1 | | the license holder. A third-party provider, except for a common | 2 | | carrier, that engages in shipping wine into Illinois on behalf | 3 | | of a winery shipper's license holder shall consent to the | 4 | | jurisdiction of the State Commission and the State. Any | 5 | | third-party, except for a common carrier, holding such an | 6 | | appointment shall, by February 1 of each calendar year and upon | 7 | | request by the State Commission or the Department of Revenue, | 8 | | file with the State Commission a statement detailing each | 9 | | shipment made to an Illinois resident. The statement shall | 10 | | include the name and address of the third-party provider filing | 11 | | the statement, the time period covered by the statement, and | 12 | | the following information: | 13 | | (1) the name, address, and license number of the winery | 14 | | shipper on whose behalf the shipment was made; | 15 | | (2) the quantity of the products delivered; and | 16 | | (3) the date and address of the shipment. | 17 | | If the Department of Revenue or the State Commission requests a | 18 | | statement under this paragraph, the third-party provider must | 19 | | provide that statement no later than 30 days after the request | 20 | | is made. Any books, records, supporting papers, and documents | 21 | | containing information and data relating to a statement under | 22 | | this paragraph shall be kept and preserved for a period of 3 | 23 | | years, unless their destruction sooner is authorized, in | 24 | | writing, by the Director of Revenue, and shall be open and | 25 | | available to inspection by the Director of Revenue or the State | 26 | | Commission or any duly authorized officer, agent, or employee |
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| 1 | | of the State Commission or the Department of Revenue, at all | 2 | | times during business hours of the day. Any person who violates | 3 | | any provision of this paragraph or any rule of the State | 4 | | Commission for the administration and enforcement of the | 5 | | provisions of this paragraph is guilty of a Class C | 6 | | misdemeanor. In case of a continuing violation, each day's | 7 | | continuance thereof shall be a separate and distinct offense. | 8 | | The State Commission shall adopt rules as soon as | 9 | | practicable to implement the requirements of Public Act 99-904 | 10 | | and shall adopt rules prohibiting any such third-party | 11 | | appointment of a third-party provider, except for a common | 12 | | carrier, that has been deemed by the State Commission to have | 13 | | violated the provisions of this Act with regard to any winery | 14 | | shipper licensee. | 15 | | A winery shipper licensee must pay to the Department
of | 16 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 17 | | all wine that is sold by the licensee and shipped to a person
| 18 | | in this State. For the purposes of Section 8-1, a winery
| 19 | | shipper licensee shall be taxed in the same manner as a
| 20 | | manufacturer of wine. A licensee who is not otherwise required | 21 | | to register under the Retailers' Occupation Tax Act must
| 22 | | register under the Use Tax Act to collect and remit use tax to
| 23 | | the Department of Revenue for all gallons of wine that are sold
| 24 | | by the licensee and shipped to persons in this State. If a
| 25 | | licensee fails to remit the tax imposed under this Act in
| 26 | | accordance with the provisions of Article VIII of this Act, the
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| 1 | | winery shipper's license shall be revoked in accordance
with | 2 | | the provisions of Article VII of this Act. If a licensee
fails | 3 | | to properly register and remit tax under the Use Tax Act
or the | 4 | | Retailers' Occupation Tax Act for all wine that is sold
by the | 5 | | winery shipper and shipped to persons in this
State, the winery | 6 | | shipper's license shall be revoked in
accordance with the | 7 | | provisions of Article VII of this Act. | 8 | | A winery shipper licensee must collect, maintain, and
| 9 | | submit to the Commission on a semi-annual basis the
total | 10 | | number of cases per resident of wine shipped to residents
of | 11 | | this State.
A winery shipper licensed under this subsection (r)
| 12 | | must comply with the requirements of Section 6-29 of this Act. | 13 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 14 | | Section 3-12, the State Commission may receive, respond to, and | 15 | | investigate any complaint and impose any of the remedies | 16 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 17 | | As used in this subsection, "third-party provider" means | 18 | | any entity that provides fulfillment house services, including | 19 | | warehousing, packaging, distribution, order processing, or | 20 | | shipment of wine, but not the sale of wine, on behalf of a | 21 | | licensed winery shipper. | 22 | | (s) A craft distiller tasting permit license shall allow an | 23 | | Illinois licensed craft distiller to transfer a portion of its | 24 | | alcoholic liquor inventory from its craft distiller licensed | 25 | | premises to the premises specified in the license hereby | 26 | | created and to conduct a sampling, only in the premises |
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| 1 | | specified in the license hereby created, of the transferred | 2 | | alcoholic liquor in accordance with subsection (c) of Section | 3 | | 6-31 of this Act. The transferred alcoholic liquor may not be | 4 | | sold or resold in any form. An applicant for the craft | 5 | | distiller tasting permit license must also submit with the | 6 | | application proof satisfactory to the State Commission that the | 7 | | applicant will provide dram shop liability insurance to the | 8 | | maximum limits and have local authority approval. | 9 | | (Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16; | 10 | | 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff. | 11 | | 1-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17.)
| 12 | | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| 13 | | Sec. 6-4. (a) No person licensed by any licensing authority | 14 | | as a
distiller, or a wine manufacturer, or any subsidiary or | 15 | | affiliate
thereof, or any officer, associate, member, partner, | 16 | | representative,
employee, agent or shareholder owning more | 17 | | than 5% of the outstanding
shares of such person shall be | 18 | | issued an importing distributor's or
distributor's license, | 19 | | nor shall any person licensed by any licensing
authority as an | 20 | | importing distributor, distributor or retailer, or any
| 21 | | subsidiary or affiliate thereof, or any officer or associate, | 22 | | member,
partner, representative, employee, agent or | 23 | | shareholder owning more than
5% of the outstanding shares of | 24 | | such person be issued a distiller's
license, a craft | 25 | | distiller's license, or a wine manufacturer's license; and no |
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| 1 | | person or persons
licensed as a distiller or craft distiller by | 2 | | any licensing authority shall have any
interest, directly or | 3 | | indirectly, with such distributor or importing
distributor.
| 4 | | However, an importing distributor or distributor, which on | 5 | | January
1, 1985 is owned by a brewer, or any subsidiary or | 6 | | affiliate thereof or any
officer, associate, member, partner, | 7 | | representative, employee, agent or
shareholder owning more | 8 | | than 5% of the outstanding shares of the importing
distributor | 9 | | or distributor referred to in this paragraph, may own or
| 10 | | acquire an ownership interest of more than 5% of the | 11 | | outstanding shares of
a wine manufacturer and be issued a wine
| 12 | | manufacturer's license by any licensing authority.
| 13 | | (b) The foregoing provisions shall not apply to any person | 14 | | licensed
by any licensing authority as a distiller or wine | 15 | | manufacturer, or to
any subsidiary or affiliate of any | 16 | | distiller or wine manufacturer who
shall have been heretofore | 17 | | licensed by the State Commission as either an
importing | 18 | | distributor or distributor during the annual licensing period
| 19 | | expiring June 30, 1947, and shall actually have made sales | 20 | | regularly to
retailers.
| 21 | | (c) Provided, however, that in such instances where a | 22 | | distributor's
or importing distributor's license has been | 23 | | issued to any distiller or
wine manufacturer or to any | 24 | | subsidiary or affiliate of any distiller or
wine manufacturer | 25 | | who has, during the licensing period ending June 30,
1947, sold | 26 | | or distributed as such licensed distributor or importing
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| 1 | | distributor alcoholic liquors and wines to retailers, such | 2 | | distiller or
wine manufacturer or any subsidiary or affiliate | 3 | | of any distiller or
wine manufacturer holding such | 4 | | distributor's or importing distributor's
license may continue | 5 | | to sell or distribute to retailers such alcoholic
liquors and | 6 | | wines which are manufactured, distilled, processed or
marketed | 7 | | by distillers and wine manufacturers whose products it sold or
| 8 | | distributed to retailers during the whole or any part of its | 9 | | licensing
periods; and such additional brands and additional | 10 | | products may be added
to the line of such distributor or | 11 | | importing distributor, provided, that
such brands and such | 12 | | products were not sold or distributed by any
distributor or | 13 | | importing distributor licensed by the State Commission
during | 14 | | the licensing period ending June 30, 1947, but can not sell or
| 15 | | distribute to retailers any other alcoholic liquors or wines.
| 16 | | (d) It shall be unlawful for any distiller licensed | 17 | | anywhere to have
any stock ownership or interest in any | 18 | | distributor's or importing
distributor's license wherein any | 19 | | other person has an interest therein
who is not a distiller and | 20 | | does not own more than 5% of any stock in any
distillery. | 21 | | Nothing herein contained shall apply to such distillers or
| 22 | | their subsidiaries or affiliates, who had a distributor's or | 23 | | importing
distributor's license during the licensing period | 24 | | ending June 30, 1947,
which license was owned in whole by such | 25 | | distiller, or subsidiaries or
affiliates of such distiller.
| 26 | | (e) Any person licensed as a brewer, class 1 brewer, or |
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| 1 | | class 2 brewer shall be
permitted to sell on the licensed | 2 | | premises to non-licensees for on or off-premises consumption | 3 | | for the premises in which he
or she actually conducts such | 4 | | business : (i) beer manufactured by the brewer, class 1 brewer, | 5 | | or class 2 brewer ; (ii) beer manufactured by any other brewer, | 6 | | class 1 brewer, or class 2 brewer; and (iii) cider . Such sales | 7 | | shall be limited to on-premises, in-person sales only, for | 8 | | lawful consumption on or off premises. Such authorization shall | 9 | | be considered a privilege granted by the brewer license and, | 10 | | other than a manufacturer of beer
as stated above, no | 11 | | manufacturer or distributor or importing
distributor, | 12 | | excluding airplane licensees exercising powers provided in
| 13 | | paragraph (i) of Section 5-1 of this Act, or any subsidiary or | 14 | | affiliate
thereof, or any officer,
associate, member, partner, | 15 | | representative, employee or agent, or
shareholder shall be | 16 | | issued a retailer's license, nor shall any person
having a | 17 | | retailer's license, excluding airplane licensees exercising | 18 | | powers
provided in paragraph (i) of Section 5-1 of this
Act, or | 19 | | any subsidiary or affiliate thereof, or
any officer, associate, | 20 | | member, partner, representative or agent, or
shareholder be | 21 | | issued a manufacturer's license or importing distributor's
| 22 | | license.
| 23 | | A person who holds a class 1 or class 2 brewer license and | 24 | | is authorized by this Section to sell beer to non-licensees | 25 | | shall not sell beer to non-licensees from more than 3 total | 26 | | brewer or commonly owned brew pub licensed locations in this |
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| 1 | | State. The class 1 or class 2 brewer shall designate to the | 2 | | State Commission the brewer or brew pub locations from which it | 3 | | will sell beer to non-licensees. | 4 | | A person licensed as a craft distiller, including a person | 5 | | who holds more than one craft distiller license, not affiliated | 6 | | with any other person manufacturing spirits may be authorized | 7 | | by the Commission to sell up to 2,500 gallons of spirits | 8 | | produced by the person to non-licensees for on or off-premises | 9 | | consumption for the premises in which he or she actually | 10 | | conducts business permitting only the retail sale of spirits | 11 | | manufactured at such premises. Such sales shall be limited to | 12 | | on-premises, in-person sales only, for lawful consumption on or | 13 | | off premises, and such authorization shall be considered a | 14 | | privilege granted by the craft distiller license. A craft | 15 | | distiller licensed for retail sale shall secure liquor | 16 | | liability insurance coverage in an amount at least equal to the | 17 | | maximum liability amounts set forth in subsection (a) of | 18 | | Section 6-21 of this Act. | 19 | | A craft distiller license holder shall not deliver any | 20 | | alcoholic liquor to any non-licensee off the licensed premises. | 21 | | A craft distiller shall affirm in its annual craft distiller's | 22 | | license application that it does not produce more than 100,000 | 23 | | gallons of distilled spirits annually and that the craft | 24 | | distiller does not sell more than 2,500 gallons of spirits to | 25 | | non-licensees for on or off-premises consumption. In the | 26 | | application, which shall be sworn under penalty of perjury, the |
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| 1 | | craft distiller shall state the volume of production and sales | 2 | | for each year since the craft distiller's establishment. | 3 | | (f) (Blank).
| 4 | | (g) Notwithstanding any of the foregoing prohibitions, a | 5 | | limited wine
manufacturer may sell at retail at its | 6 | | manufacturing site for on or off
premises consumption and may | 7 | | sell to distributors. A limited wine manufacturer licensee
| 8 | | shall secure liquor liability insurance coverage in an amount
| 9 | | at least equal to the maximum liability amounts set forth in
| 10 | | subsection (a) of Section 6-21 of this Act.
| 11 | | (h) The changes made to this Section by Public Act 99-47 | 12 | | shall not diminish or impair the rights of any person, whether | 13 | | a distiller, wine manufacturer, agent, or affiliate thereof, | 14 | | who requested in writing and submitted documentation to the | 15 | | State Commission on or before February 18, 2015 to be approved | 16 | | for a retail license pursuant to what has heretofore been | 17 | | subsection (f); provided that, on or before that date, the | 18 | | State Commission considered the intent of that person to apply | 19 | | for the retail license under that subsection and, by recorded | 20 | | vote, the State Commission approved a resolution indicating | 21 | | that such a license application could be lawfully approved upon | 22 | | that person duly filing a formal application for a retail | 23 | | license and if that person, within 90 days of the State | 24 | | Commission appearance and recorded vote, first filed an | 25 | | application with the appropriate local commission, which | 26 | | application was subsequently approved by the appropriate local |
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| 1 | | commission prior to consideration by the State Commission of | 2 | | that person's application for a retail license. It is further | 3 | | provided that the State Commission may approve the person's | 4 | | application for a retail license or renewals of such license if | 5 | | such person continues to diligently adhere to all | 6 | | representations made in writing to the State Commission on or | 7 | | before February 18, 2015, or thereafter, or in the affidavit | 8 | | filed by that person with the State Commission to support the | 9 | | issuance of a retail license and to abide by all applicable | 10 | | laws and duly adopted rules. | 11 | | (Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15; | 12 | | 99-642, eff. 7-28-16; 99-902, eff. 8-26-16; 100-201, eff. | 13 | | 8-18-17.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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