Full Text of HB2136 102nd General Assembly
HB2136ham001 102ND GENERAL ASSEMBLY | Rep. Deanne M. Mazzochi Filed: 3/23/2021
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| 1 | | AMENDMENT TO HOUSE BILL 2136
| 2 | | AMENDMENT NO. ______. Amend House Bill 2136 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, 5-3, 6-2, 6-29, 6-29.1, 7-1, and | 6 | | 9-13 as follows:
| 7 | | (235 ILCS 5/3-12)
| 8 | | Sec. 3-12. Powers and duties of State Commission.
| 9 | | (a) The State Commission shall have the following powers, | 10 | | functions, and
duties:
| 11 | | (1) To receive applications and to issue licenses to | 12 | | manufacturers,
foreign importers, importing distributors, | 13 | | distributors, non-resident dealers,
on premise consumption | 14 | | retailers, off premise sale retailers, special event
| 15 | | retailer licensees, special use permit licenses, auction | 16 | | liquor licenses, brew
pubs, caterer retailers, |
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| 1 | | non-beverage users, railroads, including owners and
| 2 | | lessees of sleeping, dining and cafe cars, airplanes, | 3 | | boats, brokers, and wine
maker's premises licensees in | 4 | | accordance with the provisions of this Act, and
to suspend | 5 | | or revoke such licenses upon the State Commission's | 6 | | determination,
upon notice after hearing, that a licensee | 7 | | has violated any provision of this
Act or any rule or | 8 | | regulation issued pursuant thereto and in effect for 30 | 9 | | days
prior to such violation. Except in the case of an | 10 | | action taken pursuant to a
violation of Section 6-3, 6-5, | 11 | | or 6-9, any action by the State Commission to
suspend or | 12 | | revoke a licensee's license may be limited to the license | 13 | | for the
specific premises where the violation occurred.
An | 14 | | action for a violation of this Act shall be commenced by | 15 | | the State Commission within 2 years after the date the | 16 | | State Commission becomes aware of the violation.
| 17 | | In lieu of suspending or revoking a license, the | 18 | | commission may impose
a fine, upon the State Commission's | 19 | | determination and notice after hearing,
that a licensee | 20 | | has violated any provision of this Act or any rule or
| 21 | | regulation issued pursuant thereto and in effect for 30 | 22 | | days prior to such
violation. | 23 | | For the purpose of this paragraph (1), when | 24 | | determining multiple violations for the sale of alcohol to | 25 | | a person under the age of 21, a second or subsequent | 26 | | violation for the sale of alcohol to a person under the age |
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| 1 | | of 21 shall only be considered if it was committed within 5 | 2 | | years after the date when a prior violation for the sale of | 3 | | alcohol to a person under the age of 21 was committed. | 4 | | The fine imposed under this paragraph may not exceed | 5 | | $500 for each
violation. Each day that the activity, which | 6 | | gave rise to the original fine,
continues is a separate | 7 | | violation. The maximum fine that may be levied against
any | 8 | | licensee, for the period of the license, shall not exceed | 9 | | $20,000.
The maximum penalty that may be imposed on a | 10 | | licensee for selling a bottle of
alcoholic liquor with a | 11 | | foreign object in it or serving from a bottle of
alcoholic | 12 | | liquor with a foreign object in it shall be the | 13 | | destruction of that
bottle of alcoholic liquor for the | 14 | | first 10 bottles so sold or served from by
the licensee. | 15 | | For the eleventh bottle of alcoholic liquor and for each | 16 | | third
bottle thereafter sold or served from by the | 17 | | licensee with a foreign object in
it, the maximum penalty | 18 | | that may be imposed on the licensee is the destruction
of | 19 | | the bottle of alcoholic liquor and a fine of up to $50.
| 20 | | Any notice issued by the State Commission to a | 21 | | licensee for a violation of this Act or any notice with | 22 | | respect to settlement or offer in compromise shall include | 23 | | the field report, photographs, and any other supporting | 24 | | documentation necessary to reasonably inform the licensee | 25 | | of the nature and extent of the violation or the conduct | 26 | | alleged to have occurred. The failure to include such |
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| 1 | | required documentation shall result in the dismissal of | 2 | | the action. | 3 | | (2) To adopt such rules and regulations consistent | 4 | | with the
provisions of this Act which shall be necessary | 5 | | to carry on its
functions and duties to the end that the | 6 | | health, safety and welfare of
the People of the State of | 7 | | Illinois shall be protected and temperance in
the | 8 | | consumption of alcoholic liquors shall be fostered and | 9 | | promoted and
to distribute copies of such rules and | 10 | | regulations to all licensees
affected thereby.
| 11 | | (3) To call upon other administrative departments of | 12 | | the State,
county and municipal governments, county and | 13 | | city police departments and
upon prosecuting officers for | 14 | | such information and assistance as it
deems necessary in | 15 | | the performance of its duties.
| 16 | | (4) To recommend to local commissioners rules and | 17 | | regulations, not
inconsistent with the law, for the | 18 | | distribution and sale of alcoholic
liquors throughout the | 19 | | State.
| 20 | | (5) To inspect, or cause to be inspected, any
premises | 21 | | in this State
where alcoholic liquors are manufactured, | 22 | | distributed, warehoused, or
sold. Nothing in this Act
| 23 | | authorizes an agent of the State Commission to inspect | 24 | | private
areas within the premises without reasonable | 25 | | suspicion or a warrant
during an inspection. "Private | 26 | | areas" include, but are not limited to, safes, personal |
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| 1 | | property, and closed desks.
| 2 | | (5.1) Upon receipt of a complaint or upon having | 3 | | knowledge that any person
is engaged in business as a | 4 | | manufacturer, importing distributor, distributor,
or | 5 | | retailer without a license or valid license, to conduct an | 6 | | investigation. If, after conducting an investigation, the | 7 | | State Commission is satisfied that the alleged conduct | 8 | | occurred or is occurring, it may issue a cease and desist | 9 | | notice as provided in this Act, impose civil penalties as | 10 | | provided in this Act, notify the local liquor
authority, | 11 | | or file a complaint with the State's Attorney's Office of | 12 | | the county
where the incident occurred or the Attorney | 13 | | General.
| 14 | | (5.2) Upon receipt of a complaint or upon having | 15 | | knowledge that any person is shipping alcoholic
liquor
| 16 | | into this State from a point outside of this State if the | 17 | | shipment is in
violation of this Act, to conduct an | 18 | | investigation. If, after conducting an investigation, the | 19 | | State Commission is satisfied that the alleged conduct | 20 | | occurred or is occurring, it may issue a cease and desist | 21 | | notice as provided in this Act, impose civil penalties as | 22 | | provided in this Act, notify the foreign jurisdiction, or | 23 | | file a complaint with the State's Attorney's Office of the | 24 | | county where the incident occurred or the Attorney | 25 | | General.
| 26 | | (5.3) To receive complaints from licensees, local |
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| 1 | | officials, law
enforcement agencies, organizations, and | 2 | | persons stating that any licensee has
been or is violating | 3 | | any provision of this Act or the rules and regulations
| 4 | | issued pursuant to this Act. Such complaints shall be in | 5 | | writing, signed and
sworn to by the person making the | 6 | | complaint, and shall state with specificity
the facts in | 7 | | relation to the alleged violation. If the State Commission | 8 | | has
reasonable grounds to believe that the complaint | 9 | | substantially alleges a
violation of this Act or rules and | 10 | | regulations adopted pursuant to this Act, it
shall conduct | 11 | | an investigation. If, after conducting an investigation, | 12 | | the
State Commission is satisfied that the alleged | 13 | | violation did occur, it shall proceed
with disciplinary | 14 | | action against the licensee as provided in this Act.
| 15 | | (5.4) To make arrests and issue notices of civil | 16 | | violations where necessary for the enforcement of this | 17 | | Act. | 18 | | (5.5) To investigate any and all unlicensed activity. | 19 | | (5.6) To impose civil penalties or fines to any person | 20 | | who, without holding a valid license, engages in conduct | 21 | | that requires a license pursuant to this Act, in an amount | 22 | | not to exceed $20,000 for each offense as determined by | 23 | | the State Commission. A civil penalty shall be assessed by | 24 | | the State Commission after a hearing is held in accordance | 25 | | with the provisions set forth in this Act regarding the | 26 | | provision of a hearing for the revocation or suspension of |
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| 1 | | a license. | 2 | | (6) To hear and determine appeals from orders of a | 3 | | local commission
in accordance with the provisions of this | 4 | | Act, as hereinafter set forth.
Hearings under this | 5 | | subsection shall be held in Springfield or Chicago,
at | 6 | | whichever location is the more convenient for the majority | 7 | | of persons
who are parties to the hearing.
| 8 | | (7) The State Commission shall establish uniform | 9 | | systems of accounts to be
kept by all retail licensees | 10 | | having more than 4 employees, and for this
purpose the | 11 | | State Commission may classify all retail licensees having | 12 | | more
than 4 employees and establish a uniform system of | 13 | | accounts for each
class and prescribe the manner in which | 14 | | such accounts shall be kept.
The State Commission may also | 15 | | prescribe the forms of accounts to be kept by
all retail | 16 | | licensees having more than 4 employees, including , but not
| 17 | | limited to , accounts of earnings and expenses and any | 18 | | distribution,
payment, or other distribution of earnings | 19 | | or assets, and any other
forms, records , and memoranda | 20 | | which in the judgment of the commission may
be necessary | 21 | | or appropriate to carry out any of the provisions of this
| 22 | | Act, including , but not limited to , such forms, records , | 23 | | and memoranda as
will readily and accurately disclose at | 24 | | all times the beneficial
ownership of such retail licensed | 25 | | business. The accounts, forms,
records , and memoranda | 26 | | shall be available at all reasonable times for
inspection |
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| 1 | | by authorized representatives of the State Commission or | 2 | | by
any local liquor control commissioner or his or her | 3 | | authorized representative.
The commission , may, from time | 4 | | to time, alter, amend , or repeal, in whole
or in part, any | 5 | | uniform system of accounts, or the form and manner of
| 6 | | keeping accounts.
| 7 | | (8) In the conduct of any hearing authorized to be | 8 | | held by the State Commission, to appoint, at the | 9 | | commission's discretion, hearing officers
to conduct | 10 | | hearings involving complex issues or issues that will | 11 | | require a
protracted period of time to resolve, to | 12 | | examine, or cause to be examined,
under oath, any | 13 | | licensee, and to examine or cause to be examined the books | 14 | | and
records
of such licensee; to hear testimony and take | 15 | | proof material for its
information in the discharge of its | 16 | | duties hereunder; to administer or
cause to be | 17 | | administered oaths; for any such purpose to issue
subpoena | 18 | | or subpoenas to require the attendance of witnesses and | 19 | | the
production of books, which shall be effective in any | 20 | | part of this State, and
to adopt rules to implement its | 21 | | powers under this paragraph (8).
| 22 | | Any circuit court may , by order duly entered,
require | 23 | | the attendance of witnesses and the production of relevant | 24 | | books
subpoenaed by the State Commission and the court may | 25 | | compel
obedience to its order by proceedings for contempt.
| 26 | | (9) To investigate the administration of laws in |
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| 1 | | relation to
alcoholic liquors in this and other states and | 2 | | any foreign countries,
and to recommend from time to time | 3 | | to the Governor and through him or
her to the legislature | 4 | | of this State, such amendments to this Act, if any, as
it | 5 | | may think desirable and as will serve to further the | 6 | | general broad
purposes contained in Section 1-2 hereof.
| 7 | | (10) To adopt such rules and regulations consistent | 8 | | with the
provisions of this Act which shall be necessary | 9 | | for the control, sale , or
disposition of alcoholic liquor | 10 | | damaged as a result of an accident, wreck,
flood, fire , or | 11 | | other similar occurrence.
| 12 | | (11) To develop industry educational programs related | 13 | | to responsible
serving and selling, particularly in the | 14 | | areas of overserving consumers and
illegal underage | 15 | | purchasing and consumption of alcoholic beverages.
| 16 | | (11.1) To license persons providing education and | 17 | | training to alcohol
beverage sellers and servers for | 18 | | mandatory and non-mandatory training under the
Beverage | 19 | | Alcohol Sellers and Servers
Education and Training | 20 | | (BASSET) programs and to develop and administer a public
| 21 | | awareness program in Illinois to reduce or eliminate the | 22 | | illegal purchase and
consumption of alcoholic beverage | 23 | | products by persons under the age of 21.
Application for a | 24 | | license shall be made on forms provided by the State
| 25 | | Commission.
| 26 | | (12) To develop and maintain a repository of license |
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| 1 | | and regulatory
information.
| 2 | | (13) (Blank).
| 3 | | (14) On or before April 30, 2008 and every 2 years
| 4 | | thereafter, the State Commission shall present a written
| 5 | | report to the Governor and the General Assembly that shall
| 6 | | be based on a study of the impact of Public Act 95-634 on | 7 | | the business of soliciting,
selling, and shipping wine | 8 | | from inside and outside of this
State directly to | 9 | | residents of this State. As part of its
report, the State | 10 | | Commission shall provide all of the
following information: | 11 | | (A) The amount of State excise and sales tax
| 12 | | revenues generated. | 13 | | (B) The amount of licensing fees received. | 14 | | (C) The number of cases of wine shipped from | 15 | | inside
and outside of this State directly to residents | 16 | | of this
State. | 17 | | (D) The number of alcohol compliance operations
| 18 | | conducted. | 19 | | (E) The number of winery shipper's licenses
| 20 | | issued. | 21 | | (F) The number of each of the following: reported
| 22 | | violations; cease and desist notices issued by the
| 23 | | Commission; notices of violations issued by
the | 24 | | Commission and to the Department of Revenue;
and | 25 | | notices and complaints of violations to law
| 26 | | enforcement officials, including, without limitation,
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| 1 | | the Illinois Attorney General and the U.S. Department
| 2 | | of Treasury's Alcohol and Tobacco Tax and Trade | 3 | | Bureau. | 4 | | (G) The number of wine retail shipper's licenses | 5 | | issued. | 6 | | (15) As a means to reduce the underage consumption of
| 7 | | alcoholic liquors, the State Commission shall conduct
| 8 | | alcohol compliance operations to investigate whether
| 9 | | businesses that are soliciting, selling, and shipping wine
| 10 | | from inside or outside of this State directly to residents
| 11 | | of this State are licensed by this State or are selling or
| 12 | | attempting to sell wine to persons under 21 years of age in
| 13 | | violation of this Act. | 14 | | (16) The State Commission shall, in addition to
| 15 | | notifying any appropriate law enforcement agency, submit
| 16 | | notices of complaints or violations of Sections 6-29 and
| 17 | | 6-29.1 by persons who do not hold a winery shipper's
| 18 | | license or a wine retail shipper's license under this Act | 19 | | to the Illinois Attorney General and
to the U.S. | 20 | | Department of Treasury's Alcohol and Tobacco Tax and Trade | 21 | | Bureau. | 22 | | (17)(A) A person licensed to make wine under the laws | 23 | | of another state who has a winery shipper's license under | 24 | | this Act and annually produces less than 25,000 gallons of | 25 | | wine or a person who has a first-class or second-class | 26 | | wine manufacturer's license, a first-class or second-class |
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| 1 | | wine-maker's license, or a limited wine manufacturer's | 2 | | license under this Act and annually produces less than | 3 | | 25,000 gallons of wine may make application to the | 4 | | Commission for a self-distribution exemption to allow the | 5 | | sale of not more than 5,000 gallons of the exemption | 6 | | holder's wine to retail licensees per year. | 7 | | (B) In the application, which shall be sworn under | 8 | | penalty of perjury, such person shall state (1) the date | 9 | | it was established; (2) its volume of production and sales | 10 | | for each year since its establishment; (3) its efforts to | 11 | | establish distributor relationships; (4) that a | 12 | | self-distribution exemption is necessary to facilitate the | 13 | | marketing of its wine; and (5) that it will comply with the | 14 | | liquor and revenue laws of the United States, this State, | 15 | | and any other state where it is licensed. | 16 | | (C) The State Commission shall approve the application | 17 | | for a self-distribution exemption if such person: (1) is | 18 | | in compliance with State revenue and liquor laws; (2) is | 19 | | not a member of any affiliated group that produces more | 20 | | than 25,000 gallons of wine per annum or produces any | 21 | | other alcoholic liquor; (3) will not annually produce for | 22 | | sale more than 25,000 gallons of wine; and (4) will not | 23 | | annually sell more than 5,000 gallons of its wine to | 24 | | retail licensees. | 25 | | (D) A self-distribution exemption holder shall | 26 | | annually certify to the State Commission its production of |
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| 1 | | wine in the previous 12 months and its anticipated | 2 | | production and sales for the next 12 months. The State | 3 | | Commission may fine, suspend, or revoke a | 4 | | self-distribution exemption after a hearing if it finds | 5 | | that the exemption holder has made a material | 6 | | misrepresentation in its application, violated a revenue | 7 | | or liquor law of Illinois, exceeded production of 25,000 | 8 | | gallons of wine in any calendar year, or become part of an | 9 | | affiliated group producing more than 25,000 gallons of | 10 | | wine or any other alcoholic liquor. | 11 | | (E) Except in hearings for violations of this Act or | 12 | | Public Act 95-634 or a bona fide investigation by duly | 13 | | sworn law enforcement officials, the State Commission, or | 14 | | its agents, the State Commission shall maintain the | 15 | | production and sales information of a self-distribution | 16 | | exemption holder as confidential and shall not release | 17 | | such information to any person. | 18 | | (F) The State Commission shall issue regulations | 19 | | governing self-distribution exemptions consistent with | 20 | | this Section and this Act. | 21 | | (G) Nothing in this paragraph (17) shall prohibit a | 22 | | self-distribution exemption holder from entering into or | 23 | | simultaneously having a distribution agreement with a | 24 | | licensed Illinois distributor. | 25 | | (H) It is the intent of this paragraph (17) to promote | 26 | | and continue orderly markets. The General Assembly finds |
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| 1 | | that , in order to preserve Illinois' regulatory | 2 | | distribution system , it is necessary to create an | 3 | | exception for smaller makers of wine as their wines are | 4 | | frequently adjusted in varietals, mixes, vintages, and | 5 | | taste to find and create market niches sometimes too small | 6 | | for distributor or importing distributor business | 7 | | strategies. Limited self-distribution rights will afford | 8 | | and allow smaller makers of wine access to the marketplace | 9 | | in order to develop a customer base without impairing the | 10 | | integrity of the 3-tier system.
| 11 | | (18)(A) A class 1 brewer licensee, who must also be | 12 | | either a licensed brewer or licensed non-resident dealer | 13 | | and annually manufacture less than 930,000 gallons of | 14 | | beer, may make application to the State Commission for a | 15 | | self-distribution exemption to allow the sale of not more | 16 | | than 232,500 gallons of the exemption holder's beer per | 17 | | year to retail licensees and to brewers, class 1 brewers, | 18 | | and class 2 brewers that, pursuant to subsection (e) of | 19 | | Section 6-4 of this Act, sell beer, cider, or both beer and | 20 | | cider to non-licensees at their breweries. | 21 | | (B) In the application, which shall be sworn under | 22 | | penalty of perjury, the class 1 brewer licensee shall | 23 | | state (1) the date it was established; (2) its volume of | 24 | | beer manufactured and sold for each year since its | 25 | | establishment; (3) its efforts to establish distributor | 26 | | relationships; (4) that a self-distribution exemption is |
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| 1 | | necessary to facilitate the marketing of its beer; and (5) | 2 | | that it will comply with the alcoholic beverage and | 3 | | revenue laws of the United States, this State, and any | 4 | | other state where it is licensed. | 5 | | (C) Any application submitted shall be posted on the | 6 | | State Commission's website at least 45 days prior to | 7 | | action by the State Commission. The State Commission shall | 8 | | approve the application for a self-distribution exemption | 9 | | if the class 1 brewer licensee: (1) is in compliance with | 10 | | the State, revenue, and alcoholic beverage laws; (2) is | 11 | | not a member of any affiliated group that manufactures | 12 | | more than 930,000 gallons of beer per annum or produces | 13 | | any other alcoholic beverages; (3) shall not annually | 14 | | manufacture for sale more than 930,000 gallons of beer; | 15 | | (4) shall not annually sell more than 232,500 gallons of | 16 | | its beer to retail licensees or to brewers, class 1 | 17 | | brewers, and class 2 brewers that, pursuant to subsection | 18 | | (e) of Section 6-4 of this Act, sell beer, cider, or both | 19 | | beer and cider to non-licensees at their breweries; and | 20 | | (5) has relinquished any brew pub license held by the | 21 | | licensee, including any ownership interest it held in the | 22 | | licensed brew pub. | 23 | | (D) A self-distribution exemption holder shall | 24 | | annually certify to the State Commission its manufacture | 25 | | of beer during the previous 12 months and its anticipated | 26 | | manufacture and sales of beer for the next 12 months. The |
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| 1 | | State Commission may fine, suspend, or revoke a | 2 | | self-distribution exemption after a hearing if it finds | 3 | | that the exemption holder has made a material | 4 | | misrepresentation in its application, violated a revenue | 5 | | or alcoholic beverage law of Illinois, exceeded the | 6 | | manufacture of 930,000 gallons of beer in any calendar | 7 | | year or became part of an affiliated group manufacturing | 8 | | more than 930,000 gallons of beer or any other alcoholic | 9 | | beverage. | 10 | | (E) The State Commission shall issue rules and | 11 | | regulations governing self-distribution exemptions | 12 | | consistent with this Act. | 13 | | (F) Nothing in this paragraph (18) shall prohibit a | 14 | | self-distribution exemption holder from entering into or | 15 | | simultaneously having a distribution agreement with a | 16 | | licensed Illinois importing distributor or a distributor. | 17 | | If a self-distribution exemption holder enters into a | 18 | | distribution agreement and has assigned distribution | 19 | | rights to an importing distributor or distributor, then | 20 | | the self-distribution exemption holder's distribution | 21 | | rights in the assigned territories shall cease in a | 22 | | reasonable time not to exceed 60 days. | 23 | | (G) It is the intent of this paragraph (18) to promote | 24 | | and continue orderly markets. The General Assembly finds | 25 | | that in order to preserve Illinois' regulatory | 26 | | distribution system, it is necessary to create an |
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| 1 | | exception for smaller manufacturers in order to afford and | 2 | | allow such smaller manufacturers of beer access to the | 3 | | marketplace in order to develop a customer base without | 4 | | impairing the integrity of the 3-tier system. | 5 | | (19)(A) A class 1 craft distiller licensee or a | 6 | | non-resident dealer who manufactures less than 50,000 | 7 | | gallons of distilled spirits per year may make application | 8 | | to the State Commission for a self-distribution exemption | 9 | | to allow the sale of not more
than 5,000 gallons of the | 10 | | exemption holder's spirits to retail licensees per year. | 11 | | (B) In the application, which shall be sworn under | 12 | | penalty of perjury, the class 1 craft distiller licensee | 13 | | or non-resident dealer shall state (1) the date it was | 14 | | established; (2) its volume of spirits manufactured and | 15 | | sold for each year since its establishment; (3) its | 16 | | efforts to establish distributor relationships; (4) that a | 17 | | self-distribution exemption is necessary to facilitate the | 18 | | marketing of its spirits; and (5) that it will comply with | 19 | | the alcoholic beverage and revenue laws of the United | 20 | | States, this State, and any other state where it is | 21 | | licensed. | 22 | | (C) Any application submitted shall be posted on the | 23 | | State Commission's website at least 45 days prior to | 24 | | action by the State Commission. The State Commission shall | 25 | | approve the application for a self-distribution exemption | 26 | | if the applicant: (1) is in compliance with State revenue |
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| 1 | | and alcoholic beverage laws; (2) is not a member of any | 2 | | affiliated group that produces more than 50,000 gallons of | 3 | | spirits per annum or produces any other alcoholic liquor; | 4 | | (3) does not annually manufacture for sale more than | 5 | | 50,000 gallons of spirits; and (4) does not annually sell | 6 | | more than 5,000 gallons of its spirits to retail | 7 | | licensees. | 8 | | (D) A self-distribution exemption holder shall | 9 | | annually certify to the State Commission its manufacture | 10 | | of spirits during the previous 12 months and its | 11 | | anticipated manufacture and sales of spirits for the next | 12 | | 12 months. The State Commission may fine, suspend, or | 13 | | revoke a self-distribution exemption after a hearing if it | 14 | | finds that the exemption holder has made a material | 15 | | misrepresentation in its application, violated a revenue | 16 | | or alcoholic beverage law of Illinois, exceeded the | 17 | | manufacture of 50,000 gallons of spirits in any calendar | 18 | | year, or has become part of an affiliated group | 19 | | manufacturing more than 50,000 gallons of spirits or any | 20 | | other alcoholic beverage. | 21 | | (E) The State Commission shall adopt rules governing | 22 | | self-distribution exemptions consistent with this Act. | 23 | | (F) Nothing in this paragraph (19) shall prohibit a | 24 | | self-distribution exemption holder from entering into or | 25 | | simultaneously having a distribution agreement with a | 26 | | licensed Illinois importing distributor or a distributor. |
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| 1 | | (G) It is the intent of this paragraph (19) to promote | 2 | | and continue orderly markets. The General Assembly finds | 3 | | that in order to preserve Illinois' regulatory | 4 | | distribution system, it is necessary to create an | 5 | | exception for smaller manufacturers in order to afford and | 6 | | allow such smaller manufacturers of spirits access to the | 7 | | marketplace in order to develop a customer base without | 8 | | impairing the
integrity of the 3-tier system. | 9 | | (b) On or before April 30, 1999, the Commission shall | 10 | | present a written
report to the Governor and the General | 11 | | Assembly that shall be based on a study
of the impact of Public | 12 | | Act 90-739 on the business of soliciting,
selling, and | 13 | | shipping
alcoholic liquor from outside of this State directly | 14 | | to residents of this
State.
| 15 | | As part of its report, the Commission shall provide the | 16 | | following
information:
| 17 | | (i) the amount of State excise and sales tax revenues | 18 | | generated as a
result of Public Act 90-739;
| 19 | | (ii) the amount of licensing fees received as a result | 20 | | of Public Act 90-739;
| 21 | | (iii) the number of reported violations, the number of | 22 | | cease and desist
notices issued by the Commission, the | 23 | | number of notices of violations issued
to the Department | 24 | | of Revenue, and the number of notices and complaints of
| 25 | | violations to law enforcement officials.
| 26 | | (Source: P.A. 100-134, eff. 8-18-17; 100-201, eff. 8-18-17; |
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| 1 | | 100-816, eff. 8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff. | 2 | | 8-23-18; 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 101-482, | 3 | | eff. 8-23-19; revised 9-20-19.) | 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 | 10 | | 6. First Class Winemaker, Class 7. Second Class Winemaker, | 11 | | Class 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, | 12 | | Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft | 13 | | Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer, | 14 | | (b) Distributor's license, | 15 | | (c) Importing Distributor's license, | 16 | | (d) Retailer's license, | 17 | | (e) Special Event Retailer's license (not-for-profit), | 18 | | (f) Railroad license, | 19 | | (g) Boat license, | 20 | | (h) Non-Beverage User's license, | 21 | | (i) Wine-maker's premises license, | 22 | | (j) Airplane license, | 23 | | (k) Foreign importer's license, | 24 | | (l) Broker's license, | 25 | | (m) Non-resident dealer's
license, |
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| 1 | | (n) Brew Pub license, | 2 | | (o) Auction liquor license, | 3 | | (p) Caterer retailer license, | 4 | | (q) Special use permit license, | 5 | | (r) Winery shipper's license, | 6 | | (s) Craft distiller tasting permit, | 7 | | (t) Brewer warehouse permit, | 8 | | (u) Distilling pub license, | 9 | | (v) Craft distiller warehouse permit , . | 10 | | (w) Wine retail shipper's license. | 11 | | No
person, firm, partnership, corporation, or other legal | 12 | | business entity that is
engaged in the manufacturing of wine | 13 | | may concurrently obtain and hold a
wine-maker's license and a | 14 | | wine manufacturer's license. | 15 | | (a) A manufacturer's license shall allow the manufacture,
| 16 | | importation in bulk, storage, distribution and sale of | 17 | | alcoholic liquor
to persons without the State, as may be | 18 | | permitted by law and to licensees
in this State as follows: | 19 | | Class 1. A Distiller may make sales and deliveries of | 20 | | alcoholic liquor to
distillers, rectifiers, importing | 21 | | distributors, distributors and
non-beverage users and to no | 22 | | other licensees. | 23 | | Class 2. A Rectifier, who is not a distiller, as defined | 24 | | herein, may make
sales and deliveries of alcoholic liquor to | 25 | | rectifiers, importing distributors,
distributors, retailers | 26 | | and non-beverage users and to no other licensees. |
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| 1 | | Class 3. A Brewer may make sales and deliveries of beer to | 2 | | importing
distributors and distributors and may make sales as | 3 | | authorized under subsection (e) of Section 6-4 of this Act. | 4 | | Class 4. A first class wine-manufacturer may make sales | 5 | | and deliveries of
up to 50,000 gallons of wine to | 6 | | manufacturers,
importing
distributors and distributors, and to | 7 | | no other licensees. | 8 | | Class 5. A second class Wine manufacturer may make sales | 9 | | and deliveries
of more than 50,000 gallons of wine to | 10 | | manufacturers, importing distributors
and distributors and to | 11 | | no other licensees. | 12 | | Class 6. A first-class wine-maker's license shall allow | 13 | | the manufacture
of up to 50,000 gallons of wine per year, and | 14 | | the
storage
and sale of such
wine to distributors in the State | 15 | | and to persons without the
State, as may be permitted by law. A | 16 | | person who, prior to June 1, 2008 (the effective date of Public | 17 | | Act 95-634), is a holder of a first-class wine-maker's license | 18 | | and annually produces more than 25,000 gallons of its own wine | 19 | | and who distributes its wine to licensed retailers shall cease | 20 | | this practice on or before July 1, 2008 in compliance with | 21 | | Public Act 95-634. | 22 | | Class 7. A second-class wine-maker's license shall allow | 23 | | the manufacture
of between 50,000 and 150,000 gallons of wine | 24 | | per year, and
the
storage and sale of such wine
to distributors | 25 | | in this State and to persons without the State, as may be
| 26 | | permitted by law. A person who, prior to June 1, 2008 (the |
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| 1 | | effective date of Public Act 95-634), is a holder of a | 2 | | second-class wine-maker's license and annually produces more | 3 | | than 25,000 gallons of its own wine and who distributes its | 4 | | wine to licensed retailers shall cease this practice on or | 5 | | before July 1, 2008 in compliance with Public Act 95-634. | 6 | | Class 8. A limited wine-manufacturer may make sales and | 7 | | deliveries not to
exceed 40,000 gallons of wine per year to | 8 | | distributors, and to
non-licensees in accordance with the | 9 | | provisions of this Act. | 10 | | Class 9. A craft distiller license, which may only be held | 11 | | by a class 1 craft distiller licensee or class 2 craft | 12 | | distiller licensee but not held by both a class 1 craft | 13 | | distiller licensee and a class 2 craft distiller licensee, | 14 | | shall grant all rights conveyed by either: (i) a class 1 craft | 15 | | distiller license if the craft distiller holds a class 1 craft | 16 | | distiller license; or (ii) a class 2 craft distiller licensee | 17 | | if the craft distiller holds a class 2 craft distiller | 18 | | license. | 19 | | Class 10. A class 1 craft distiller license, which may | 20 | | only be issued to a licensed craft distiller or licensed | 21 | | non-resident dealer, shall allow the manufacture of up to | 22 | | 50,000 gallons of spirits per year provided that the class 1 | 23 | | craft distiller licensee does not manufacture more than a | 24 | | combined 50,000 gallons of spirits per year and is not a member | 25 | | of or affiliated with, directly or indirectly, a manufacturer | 26 | | that produces more than 50,000 gallons of spirits per year or |
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| 1 | | any other alcoholic liquor. A class 1 craft distiller licensee | 2 | | may make sales and deliveries to importing distributors and | 3 | | distributors and to retail licensees in accordance with the | 4 | | conditions set forth in paragraph (19) of subsection (a) of | 5 | | Section 3-12 of this Act. However, the aggregate amount of | 6 | | spirits sold to non-licensees and sold or delivered to retail | 7 | | licensees may not exceed 5,000 gallons per year. | 8 | | A class 1 craft distiller licensee may sell up to 5,000 | 9 | | gallons of such spirits to non-licensees to the extent | 10 | | permitted by any exemption approved by the State Commission | 11 | | pursuant to Section 6-4 of this Act. A class 1 craft distiller | 12 | | license holder may store such spirits at a non-contiguous | 13 | | licensed location, but at no time shall a class 1 craft | 14 | | distiller license holder directly or indirectly produce in the | 15 | | aggregate more than 50,000 gallons of spirits per year. | 16 | | A class 1 craft distiller licensee may hold more than one | 17 | | class 1 craft distiller's license. However, a class 1 craft | 18 | | distiller that holds more than one class 1 craft distiller | 19 | | license shall not manufacture, in the aggregate, more than | 20 | | 50,000 gallons of spirits by distillation per year and shall | 21 | | not sell, in the aggregate, more than 5,000 gallons of such | 22 | | spirits to non-licensees in accordance with an exemption | 23 | | approved by the State Commission pursuant to Section 6-4 of | 24 | | this Act. | 25 | | Class 11. A class 2 craft distiller license, which may | 26 | | only be issued to a licensed craft distiller or licensed |
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| 1 | | non-resident dealer, shall allow the manufacture of up to | 2 | | 100,000 gallons of spirits per year provided that the class 2 | 3 | | craft distiller licensee does not manufacture more than a | 4 | | combined 100,000 gallons of spirits per year and is not a | 5 | | member of or affiliated with, directly or indirectly, a | 6 | | manufacturer that produces more than 100,000 gallons of | 7 | | spirits per year or any other alcoholic liquor. A class 2 craft | 8 | | distiller licensee may make sales and deliveries to importing | 9 | | distributors and distributors, but shall not make sales or | 10 | | deliveries to any other licensee. If the State Commission | 11 | | provides prior approval, a class 2 craft distiller licensee | 12 | | may annually transfer up to 100,000 gallons of spirits | 13 | | manufactured by that class 2 craft distiller licensee to the | 14 | | premises of a licensed class 2 craft distiller wholly owned | 15 | | and operated by the same licensee. A class 2 craft distiller | 16 | | may transfer spirits to a distilling pub wholly owned and | 17 | | operated by the class 2 craft distiller subject to the | 18 | | following limitations and restrictions: (i) the transfer shall | 19 | | not annually exceed more than 5,000 gallons; (ii) the annual | 20 | | amount transferred shall reduce the distilling pub's annual | 21 | | permitted production limit; (iii) all spirits transferred | 22 | | shall be subject to Article VIII of this Act; (iv) a written | 23 | | record shall be maintained by the distiller and distilling pub | 24 | | specifying the amount, date of delivery, and receipt of the | 25 | | product by the distilling pub; and (v) the distilling pub | 26 | | shall be located no farther than 80 miles from the class 2 |
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| 1 | | craft distiller's licensed location. | 2 | | A class 2 craft distiller shall, prior to transferring | 3 | | spirits to a distilling pub wholly owned by the class 2 craft | 4 | | distiller, furnish a written notice to the State Commission of | 5 | | intent to transfer spirits setting forth the name and address | 6 | | of the distilling pub and shall annually submit to the State | 7 | | Commission a verified report identifying the total gallons of | 8 | | spirits transferred to the distilling pub wholly owned by the | 9 | | class 2 craft distiller. | 10 | | A class 2 craft distiller license holder may store such | 11 | | spirits at a non-contiguous licensed location, but at no time | 12 | | shall a class 2 craft distiller license holder directly or | 13 | | indirectly produce in the aggregate more than 100,000 gallons | 14 | | of spirits per year. | 15 | | Class 12. A class 1 brewer license, which may only be | 16 | | issued to a licensed brewer or licensed non-resident dealer, | 17 | | shall allow the manufacture of up to 930,000 gallons of beer | 18 | | per year provided that the class 1 brewer licensee does not | 19 | | manufacture more than a combined 930,000 gallons of beer per | 20 | | year and is not a member of or affiliated with, directly or | 21 | | indirectly, a manufacturer that produces more than 930,000 | 22 | | gallons of beer per year or any other alcoholic liquor. A class | 23 | | 1 brewer licensee may make sales and deliveries to importing | 24 | | distributors and distributors and to retail licensees in | 25 | | accordance with the conditions set forth in paragraph (18) of | 26 | | subsection (a) of Section 3-12 of this Act. If the State |
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| 1 | | Commission provides prior approval, a class 1 brewer may | 2 | | annually transfer up to 930,000 gallons of beer manufactured | 3 | | by that class 1 brewer to the premises of a licensed class 1 | 4 | | brewer wholly owned and operated by the same licensee. | 5 | | Class 13. A class 2 brewer license, which may only be | 6 | | issued to a licensed brewer or licensed non-resident dealer, | 7 | | shall allow the manufacture of up to 3,720,000 gallons of beer | 8 | | per year provided that the class 2 brewer licensee does not | 9 | | manufacture more than a combined 3,720,000 gallons of beer per | 10 | | year and is not a member of or affiliated with, directly or | 11 | | indirectly, a manufacturer that produces more than 3,720,000 | 12 | | gallons of beer per year or any other alcoholic liquor. A class | 13 | | 2 brewer licensee may make sales and deliveries to importing | 14 | | distributors and distributors, but shall not make sales or | 15 | | deliveries to any other licensee. If the State Commission | 16 | | provides prior approval, a class 2 brewer licensee may | 17 | | annually transfer up to 3,720,000 gallons of beer manufactured | 18 | | by that class 2 brewer licensee to the premises of a licensed | 19 | | class 2 brewer wholly owned and operated by the same licensee. | 20 | | A class 2 brewer may transfer beer to a brew pub wholly | 21 | | owned and operated by the class 2 brewer subject to the | 22 | | following limitations and restrictions: (i) the transfer shall | 23 | | not annually exceed more than 31,000 gallons; (ii) the annual | 24 | | amount transferred shall reduce the brew pub's annual | 25 | | permitted production limit; (iii) all beer transferred shall | 26 | | be subject to Article VIII of this Act; (iv) a written record |
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| 1 | | shall be maintained by the brewer and brew pub specifying the | 2 | | amount, date of delivery, and receipt of the product by the | 3 | | brew pub; and (v) the brew pub shall be located no farther than | 4 | | 80 miles from the class 2 brewer's licensed location. | 5 | | A class 2 brewer shall, prior to transferring beer to a | 6 | | brew pub wholly owned by the class 2 brewer, furnish a written | 7 | | notice to the State Commission of intent to transfer beer | 8 | | setting forth the name and address of the brew pub and shall | 9 | | annually submit to the State Commission a verified report | 10 | | identifying the total gallons of beer transferred to the brew | 11 | | pub wholly owned by the class 2 brewer. | 12 | | (a-1) A manufacturer which is licensed in this State to | 13 | | make sales or
deliveries of alcoholic liquor to licensed | 14 | | distributors or importing distributors and which enlists | 15 | | agents, representatives, or
individuals acting on its behalf | 16 | | who contact licensed retailers on a regular
and continual | 17 | | basis in this State must register those agents, | 18 | | representatives,
or persons acting on its behalf with the | 19 | | State Commission. | 20 | | Registration of agents, representatives, or persons acting | 21 | | on behalf of a
manufacturer is fulfilled by submitting a form | 22 | | to the Commission. The form
shall be developed by the | 23 | | Commission and shall include the name and address of
the | 24 | | applicant, the name and address of the manufacturer he or she | 25 | | represents,
the territory or areas assigned to sell to or | 26 | | discuss pricing terms of
alcoholic liquor, and any other |
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| 1 | | questions deemed appropriate and necessary.
All statements in | 2 | | the forms required to be made by law or by rule shall be
deemed | 3 | | material, and any person who knowingly misstates any material | 4 | | fact under
oath in an application is guilty of a Class B | 5 | | misdemeanor. Fraud,
misrepresentation, false statements, | 6 | | misleading statements, evasions, or
suppression of material | 7 | | facts in the securing of a registration are grounds for
| 8 | | suspension or revocation of the registration. The State | 9 | | Commission shall post a list of registered agents on the | 10 | | Commission's website. | 11 | | (b) A distributor's license shall allow (i) the wholesale | 12 | | purchase and storage
of alcoholic liquors and sale of | 13 | | alcoholic liquors to licensees in this State and to persons | 14 | | without the State, as may be permitted by law; (ii) the sale of | 15 | | beer, cider, or both beer and cider to brewers, class 1 | 16 | | brewers, and class 2 brewers that, pursuant to subsection (e) | 17 | | of Section 6-4 of this Act, sell beer, cider, or both beer and | 18 | | cider to non-licensees at their breweries; and (iii) the sale | 19 | | of vermouth to class 1 craft distillers and class 2 craft | 20 | | distillers that, pursuant to subsection (e) of Section 6-4 of | 21 | | this Act, sell spirits, vermouth, or both spirits and vermouth | 22 | | to non-licensees at their distilleries. No person licensed as | 23 | | a distributor shall be granted a non-resident dealer's | 24 | | license. | 25 | | (c) An importing distributor's license may be issued to | 26 | | and held by
those only who are duly licensed distributors, |
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| 1 | | upon the filing of an
application by a duly licensed | 2 | | distributor, with the Commission and
the Commission shall, | 3 | | without the
payment of any fee, immediately issue such | 4 | | importing distributor's
license to the applicant, which shall | 5 | | allow the importation of alcoholic
liquor by the licensee into | 6 | | this State from any point in the United
States outside this | 7 | | State, and the purchase of alcoholic liquor in
barrels, casks | 8 | | or other bulk containers and the bottling of such
alcoholic | 9 | | liquors before resale thereof, but all bottles or containers
| 10 | | so filled shall be sealed, labeled, stamped and otherwise made | 11 | | to comply
with all provisions, rules and regulations governing | 12 | | manufacturers in
the preparation and bottling of alcoholic | 13 | | liquors. The importing
distributor's license shall permit such | 14 | | licensee to purchase alcoholic
liquor from Illinois licensed | 15 | | non-resident dealers and foreign importers only. No person | 16 | | licensed as an importing distributor shall be granted a | 17 | | non-resident dealer's license. | 18 | | (d) A retailer's license shall allow the licensee to sell | 19 | | and offer
for sale at retail, only in the premises specified in | 20 | | the license,
alcoholic liquor for use or consumption, but not | 21 | | for resale in any form. Nothing in Public Act 95-634 shall | 22 | | deny, limit, remove, or restrict the ability of a holder of a | 23 | | retailer's license to transfer, deliver, or ship alcoholic | 24 | | liquor to the purchaser for use or consumption subject to any | 25 | | applicable local law or ordinance or to Section 6-29 . Any | 26 | | retail license issued to a manufacturer shall only
permit the |
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| 1 | | manufacturer to sell beer at retail on the premises actually
| 2 | | occupied by the manufacturer. For the purpose of further | 3 | | describing the type of business conducted at a retail licensed | 4 | | premises, a retailer's licensee may be designated by the State | 5 | | Commission as (i) an on premise consumption retailer, (ii) an | 6 | | off premise sale retailer, or (iii) a combined on premise | 7 | | consumption and off premise sale retailer.
| 8 | | Notwithstanding any other provision of this subsection | 9 | | (d), a retail
licensee may sell alcoholic liquors to a special | 10 | | event retailer licensee for
resale to the extent permitted | 11 | | under subsection (e). | 12 | | (e) A special event retailer's license (not-for-profit) | 13 | | shall permit the
licensee to purchase alcoholic liquors from | 14 | | an Illinois licensed distributor
(unless the licensee | 15 | | purchases less than $500 of alcoholic liquors for the
special | 16 | | event, in which case the licensee may purchase the alcoholic | 17 | | liquors
from a licensed retailer) and shall allow the licensee | 18 | | to sell and offer for
sale, at retail, alcoholic liquors for | 19 | | use or consumption, but not for resale
in any form and only at | 20 | | the location and on the specific dates designated for
the | 21 | | special event in the license. An applicant for a special event | 22 | | retailer
license must
(i) furnish with the application: (A) a | 23 | | resale number issued under Section
2c of the Retailers' | 24 | | Occupation Tax Act or evidence that the applicant is
| 25 | | registered under Section 2a of the Retailers' Occupation Tax | 26 | | Act, (B) a
current, valid exemption identification
number |
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| 1 | | issued under Section 1g of the Retailers' Occupation Tax Act, | 2 | | and a
certification to the Commission that the purchase of | 3 | | alcoholic liquors will be
a tax-exempt purchase, or (C) a | 4 | | statement that the applicant is not registered
under Section | 5 | | 2a of the Retailers' Occupation Tax Act, does not hold a resale
| 6 | | number under Section 2c of the Retailers' Occupation Tax Act, | 7 | | and does not
hold an exemption number under Section 1g of the | 8 | | Retailers' Occupation Tax
Act, in which event the Commission | 9 | | shall set forth on the special event
retailer's license a | 10 | | statement to that effect; (ii) submit with the application | 11 | | proof satisfactory to
the State Commission that the applicant | 12 | | will provide dram shop liability
insurance in the maximum | 13 | | limits; and (iii) show proof satisfactory to the
State | 14 | | Commission that the applicant has obtained local authority
| 15 | | approval. | 16 | | Nothing in this Act prohibits an Illinois licensed | 17 | | distributor from offering credit or a refund for unused, | 18 | | salable alcoholic liquors to a holder of a special event | 19 | | retailer's license or the special event retailer's licensee | 20 | | from accepting the credit or refund of alcoholic liquors at | 21 | | the conclusion of the event specified in the license. | 22 | | (f) A railroad 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 | 26 | | liquors directly from manufacturers, foreign
importers, |
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| 1 | | distributors and importing distributors from within or outside
| 2 | | this State; and to store such alcoholic liquors in this State; | 3 | | provided
that the above powers may be exercised only in | 4 | | connection with the
importation, purchase or storage of | 5 | | alcoholic liquors to be sold or
dispensed on a club, buffet, | 6 | | lounge or dining car operated on an electric,
gas or steam | 7 | | railway in this State; and provided further, that railroad
| 8 | | licensees exercising the above powers shall be subject to all | 9 | | provisions of
Article VIII of this Act as applied to importing | 10 | | distributors. A railroad
license shall also permit the | 11 | | licensee to sell or dispense alcoholic
liquors on any club, | 12 | | buffet, lounge or dining car operated on an electric,
gas or | 13 | | steam railway regularly operated by a common carrier in this | 14 | | State,
but shall not permit the sale for resale of any | 15 | | alcoholic liquors to any
licensee within this State. A license | 16 | | shall be obtained for each car in which
such sales are made. | 17 | | (g) A boat license shall allow the sale of alcoholic | 18 | | liquor in
individual drinks, on any passenger boat regularly | 19 | | operated as a common
carrier on navigable waters in this State | 20 | | or on any riverboat operated
under
the Illinois Gambling Act, | 21 | | which boat or riverboat maintains a public
dining room or | 22 | | restaurant thereon. | 23 | | (h) A non-beverage user's license shall allow the licensee | 24 | | to
purchase alcoholic liquor from a licensed manufacturer or | 25 | | importing
distributor, without the imposition of any tax upon | 26 | | the business of such
licensed manufacturer or importing |
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| 1 | | distributor as to such alcoholic
liquor to be used by such | 2 | | licensee solely for the non-beverage purposes
set forth in | 3 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 4 | | shall be divided and classified and shall permit the
purchase, | 5 | | possession and use of limited and stated quantities of
| 6 | | alcoholic liquor as follows: | 7 | | Class 1, not to exceed ......................... 500 gallons
| 8 | | Class 2, not to exceed ....................... 1,000 gallons
| 9 | | Class 3, not to exceed ....................... 5,000 gallons
| 10 | | Class 4, not to exceed ...................... 10,000 gallons
| 11 | | Class 5, not to exceed ....................... 50,000 gallons | 12 | | (i) A wine-maker's premises license shall allow a
licensee | 13 | | that concurrently holds a first-class wine-maker's license to | 14 | | sell
and offer for sale at retail in the premises specified in | 15 | | such license
not more than 50,000 gallons of the first-class | 16 | | wine-maker's wine that is
made at the first-class wine-maker's | 17 | | licensed premises per year for use or
consumption, but not for | 18 | | resale in any form. A wine-maker's premises
license shall | 19 | | allow a licensee who concurrently holds a second-class
| 20 | | wine-maker's license to sell and offer for sale at retail in | 21 | | the premises
specified in such license up to 100,000 gallons | 22 | | of the
second-class wine-maker's wine that is made at the | 23 | | second-class wine-maker's
licensed premises per year
for use | 24 | | or consumption but not for resale in any form. A wine-maker's | 25 | | premises license shall allow a
licensee that concurrently | 26 | | holds a first-class wine-maker's license or a second-class
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| 1 | | wine-maker's license to sell
and offer for sale at retail at | 2 | | the premises specified in the wine-maker's premises license, | 3 | | for use or consumption but not for resale in any form, any | 4 | | beer, wine, and spirits purchased from a licensed distributor. | 5 | | Upon approval from the
State Commission, a wine-maker's | 6 | | premises license
shall allow the licensee to sell and offer | 7 | | for sale at (i) the wine-maker's
licensed premises and (ii) at | 8 | | up to 2 additional locations for use and
consumption and not | 9 | | for resale. Each location shall require additional
licensing | 10 | | per location as specified in Section 5-3 of this Act. A | 11 | | wine-maker's premises licensee shall
secure liquor liability | 12 | | insurance coverage in an amount at
least equal to the maximum | 13 | | liability amounts set forth in
subsection (a) of Section 6-21 | 14 | | of this Act.
| 15 | | (j) An airplane license shall permit the licensee to | 16 | | import
alcoholic liquors into this State from any point in the | 17 | | United States
outside this State and to store such alcoholic | 18 | | liquors in this State; to
make wholesale purchases of | 19 | | alcoholic liquors directly from
manufacturers, foreign | 20 | | importers, distributors and importing
distributors from within | 21 | | or outside this State; and to store such
alcoholic liquors in | 22 | | this State; provided that the above powers may be
exercised | 23 | | only in connection with the importation, purchase or storage
| 24 | | of alcoholic liquors to be sold or dispensed on an airplane; | 25 | | and
provided further, that airplane licensees exercising the | 26 | | above powers
shall be subject to all provisions of Article |
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| 1 | | VIII of this Act as
applied to importing distributors. An | 2 | | airplane licensee shall also
permit the sale or dispensing of | 3 | | alcoholic liquors on any passenger
airplane regularly operated | 4 | | by a common carrier in this State, but shall
not permit the | 5 | | sale for resale of any alcoholic liquors to any licensee
| 6 | | within this State. A single airplane license shall be required | 7 | | of an
airline company if liquor service is provided on board | 8 | | aircraft in this
State. The annual fee for such license shall | 9 | | be as determined in
Section 5-3. | 10 | | (k) A foreign importer's license shall permit such | 11 | | licensee to purchase
alcoholic liquor from Illinois licensed | 12 | | non-resident dealers only, and to
import alcoholic liquor | 13 | | other than in bulk from any point outside the
United States and | 14 | | to sell such alcoholic liquor to Illinois licensed
importing | 15 | | distributors and to no one else in Illinois;
provided that (i) | 16 | | the foreign importer registers with the State Commission
every
| 17 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 18 | | licensees during the
license period, (ii) the foreign importer | 19 | | complies with all of the provisions
of Section
6-9 of this Act | 20 | | with respect to registration of such Illinois licensees as may
| 21 | | be granted the
right to sell such brands at wholesale, and | 22 | | (iii) the foreign importer complies with the provisions of | 23 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 24 | | provisions apply to manufacturers. | 25 | | (l) (i) A broker's license shall be required of all | 26 | | persons
who solicit
orders for, offer to sell or offer to |
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| 1 | | supply alcoholic liquor to
retailers in the State of Illinois, | 2 | | or who offer to retailers to ship or
cause to be shipped or to | 3 | | make contact with distillers, craft distillers, rectifiers,
| 4 | | brewers or manufacturers or any other party within or without | 5 | | the State
of Illinois in order that alcoholic liquors be | 6 | | shipped to a distributor,
importing distributor or foreign | 7 | | importer, whether such solicitation or
offer is consummated | 8 | | within or without the State of Illinois. | 9 | | No holder of a retailer's license issued by the Illinois | 10 | | Liquor
Control Commission shall purchase or receive any | 11 | | alcoholic liquor, the
order for which was solicited or offered | 12 | | for sale to such retailer by a
broker unless the broker is the | 13 | | holder of a valid broker's license. | 14 | | The broker shall, upon the acceptance by a retailer of the | 15 | | broker's
solicitation of an order or offer to sell or supply or | 16 | | deliver or have
delivered alcoholic liquors, promptly forward | 17 | | to the Illinois Liquor
Control Commission a notification of | 18 | | said transaction in such form as
the Commission may by | 19 | | regulations prescribe. | 20 | | (ii) A broker's license shall be required of
a person | 21 | | within this State, other than a retail licensee,
who, for a fee | 22 | | or commission, promotes, solicits, or accepts orders for
| 23 | | alcoholic liquor, for use or consumption and not for
resale, | 24 | | to be shipped from this State and delivered to residents | 25 | | outside of
this State by an express company, common carrier, | 26 | | or contract carrier.
This Section does not apply to any person |
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| 1 | | who promotes, solicits, or accepts
orders for wine as | 2 | | specifically authorized in Section 6-29 of this Act. | 3 | | A broker's license under this subsection (l)
shall not | 4 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 5 | | own account or to take or deliver title to
such alcoholic | 6 | | liquors. | 7 | | This subsection (l)
shall not apply to distributors, | 8 | | employees of
distributors, or employees of a manufacturer who | 9 | | has registered the
trademark, brand or name of the alcoholic | 10 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 11 | | sells such alcoholic liquor
in the State of Illinois only to | 12 | | its registrants thereunder. | 13 | | Any agent, representative, or person subject to | 14 | | registration pursuant to
subsection (a-1) of this Section | 15 | | shall not be eligible to receive a broker's
license. | 16 | | (m) A non-resident dealer's license shall permit such | 17 | | licensee to ship
into and warehouse alcoholic liquor into this | 18 | | State from any point
outside of this State, and to sell such | 19 | | alcoholic liquor to Illinois licensed
foreign importers and | 20 | | importing distributors and to no one else in this State;
| 21 | | provided that (i) said non-resident dealer shall register with | 22 | | the Illinois Liquor
Control Commission each and every brand of | 23 | | alcoholic liquor which it proposes
to sell to Illinois | 24 | | licensees during the license period, (ii) it shall comply with | 25 | | all of the provisions of Section 6-9 hereof with
respect to | 26 | | registration of such Illinois licensees as may be granted the |
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| 1 | | right
to sell such brands at wholesale by duly filing such | 2 | | registration statement, thereby authorizing the non-resident | 3 | | dealer to proceed to sell such brands at wholesale, and (iii) | 4 | | the non-resident dealer shall comply with the provisions of | 5 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 6 | | provisions apply to manufacturers. No person licensed as a | 7 | | non-resident dealer shall be granted a distributor's or | 8 | | importing distributor's license. | 9 | | (n) A brew pub license shall allow the licensee to only (i) | 10 | | manufacture up to 155,000 gallons of beer per year only
on the | 11 | | premises specified in the license, (ii) make sales of the
beer | 12 | | manufactured on the premises or, with the approval of the | 13 | | Commission, beer manufactured on another brew pub licensed | 14 | | premises that is wholly owned and operated by the same | 15 | | licensee to importing distributors, distributors,
and to | 16 | | non-licensees for use and consumption, (iii) store the beer | 17 | | upon
the premises, (iv) sell and offer for sale at retail from | 18 | | the licensed
premises for off-premises
consumption no more | 19 | | than 155,000 gallons per year so long as such sales are only | 20 | | made in-person, (v) sell and offer for sale at retail for use | 21 | | and consumption on the premises specified in the license any | 22 | | form of alcoholic liquor purchased from a licensed distributor | 23 | | or importing distributor, (vi) with the prior approval of the | 24 | | Commission, annually transfer no more than 155,000 gallons of | 25 | | beer manufactured on the premises to a licensed brew pub | 26 | | wholly owned and operated by the same licensee, and (vii) |
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| 1 | | notwithstanding item (i) of this subsection, brew pubs wholly | 2 | | owned and operated by the same licensee may combine each | 3 | | location's production limit of 155,000 gallons of beer per | 4 | | year and allocate the aggregate total between the wholly | 5 | | owned, operated, and licensed locations. | 6 | | A brew pub licensee shall not under any circumstance sell | 7 | | or offer for sale beer manufactured by the brew pub licensee to | 8 | | retail licensees. | 9 | | A person who holds a class 2 brewer license may | 10 | | simultaneously hold a brew pub license if the class 2 brewer | 11 | | (i) does not, under any circumstance, sell or offer for sale | 12 | | beer manufactured by the class 2 brewer to retail licensees; | 13 | | (ii) does not hold more than 3 brew pub licenses in this State; | 14 | | (iii) does not manufacture more than a combined 3,720,000 | 15 | | gallons of beer per year, including the beer manufactured at | 16 | | the brew pub; and (iv) 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 any other alcoholic | 19 | | liquor. | 20 | | Notwithstanding any other provision of this Act, a | 21 | | licensed brewer, class 2 brewer, or non-resident dealer who | 22 | | before July 1, 2015 manufactured less than 3,720,000 gallons | 23 | | of beer per year and held a brew pub license on or before July | 24 | | 1, 2015 may (i) continue to qualify for and hold that brew pub | 25 | | license for the licensed premises and (ii) manufacture more | 26 | | than 3,720,000 gallons of beer per year and continue to |
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| 1 | | qualify for and hold that brew pub license if that brewer, | 2 | | class 2 brewer, or non-resident dealer does not simultaneously | 3 | | hold a class 1 brewer license and is not a member of or | 4 | | affiliated with, directly or indirectly, a manufacturer that | 5 | | produces more than 3,720,000 gallons of beer per year or that | 6 | | produces any other alcoholic liquor. | 7 | | (o) A caterer retailer license shall allow the holder
to | 8 | | serve alcoholic liquors as an incidental part of a food | 9 | | service that serves
prepared meals which excludes the serving | 10 | | of snacks as
the primary meal, either on or off-site whether | 11 | | licensed or unlicensed. A caterer retailer license shall allow | 12 | | the holder, a distributor, or an importing distributor to | 13 | | transfer any inventory to and from the holder's retail | 14 | | premises and shall allow the holder to purchase alcoholic | 15 | | liquor from a distributor or importing distributor to be | 16 | | delivered directly to an off-site event. | 17 | | Nothing in this Act prohibits a distributor or importing | 18 | | distributor from offering credit or a refund for unused, | 19 | | salable beer to a holder of a caterer retailer license or a | 20 | | caterer retailer licensee from accepting a credit or refund | 21 | | for unused, salable beer, in the event an act of God is the | 22 | | sole reason an off-site event is cancelled and if: (i) the | 23 | | holder of a caterer retailer license has not transferred | 24 | | alcoholic liquor from its caterer retailer premises to an | 25 | | off-site location; (ii) the distributor or importing | 26 | | distributor offers the credit or refund for the unused, |
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| 1 | | salable beer that it delivered to the off-site premises and | 2 | | not for any unused, salable beer that the distributor or | 3 | | importing distributor delivered to the caterer retailer's | 4 | | premises; and (iii) the unused, salable beer would likely | 5 | | spoil if transferred to the caterer retailer's premises. A | 6 | | caterer retailer license shall allow the holder to transfer | 7 | | any inventory from any off-site location to its caterer | 8 | | retailer premises at the conclusion of an off-site event or | 9 | | engage a distributor or importing distributor to transfer any | 10 | | inventory from any off-site location to its caterer retailer | 11 | | premises at the conclusion of an off-site event, provided that | 12 | | the distributor or importing distributor issues bona fide | 13 | | charges to the caterer retailer licensee for fuel, labor, and | 14 | | delivery and the distributor or importing distributor collects | 15 | | payment from the caterer retailer licensee prior to the | 16 | | distributor or importing distributor transferring inventory to | 17 | | the caterer retailer premises. | 18 | | For purposes of this subsection (o), an "act of God" means | 19 | | an unforeseeable event, such as a rain or snow storm, hail, a | 20 | | flood, or a similar event, that is the sole cause of the | 21 | | cancellation of an off-site, outdoor event. | 22 | | (p) An auction liquor license shall allow the licensee to | 23 | | sell and offer
for sale at auction wine and spirits for use or | 24 | | consumption, or for resale by
an Illinois liquor licensee in | 25 | | accordance with provisions of this Act. An
auction liquor | 26 | | license will be issued to a person and it will permit the
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| 1 | | auction liquor licensee to hold the auction anywhere in the | 2 | | State. An auction
liquor license must be obtained for each | 3 | | auction at least 14 days in advance of
the auction date. | 4 | | (q) A special use permit license shall allow an Illinois | 5 | | licensed
retailer to transfer a portion of its alcoholic | 6 | | liquor inventory from its
retail licensed premises to the | 7 | | premises specified in the license hereby
created; to purchase | 8 | | alcoholic liquor from a distributor or importing distributor | 9 | | to be delivered directly to the location specified in the | 10 | | license hereby created; and to sell or offer for sale at | 11 | | retail, only in the premises
specified in the license hereby | 12 | | created, the transferred or delivered alcoholic liquor for
use | 13 | | or consumption, but not for resale in any form. A special use | 14 | | permit
license may be granted for the following time periods: | 15 | | one day or less; 2 or
more days to a maximum of 15 days per | 16 | | location in any 12-month period. An
applicant for the special | 17 | | use permit license must also submit with the
application proof | 18 | | satisfactory to the State Commission that the applicant will
| 19 | | provide dram shop liability insurance to the maximum limits | 20 | | and have local
authority approval. | 21 | | A special use permit license shall allow the holder to | 22 | | transfer any inventory from the holder's special use premises | 23 | | to its retail premises at the conclusion of the special use | 24 | | event or engage a distributor or importing distributor to | 25 | | transfer any inventory from the holder's special use premises | 26 | | to its retail premises at the conclusion of an off-site event, |
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| 1 | | provided that the distributor or importing distributor issues | 2 | | bona fide charges to the special use permit licensee for fuel, | 3 | | labor, and delivery and the distributor or importing | 4 | | distributor collects payment from the retail licensee prior to | 5 | | the distributor or importing distributor transferring | 6 | | inventory to the retail premises. | 7 | | Nothing in this Act prohibits a distributor or importing | 8 | | distributor from offering credit or a refund for unused, | 9 | | salable beer to a special use permit licensee or a special use | 10 | | permit licensee from accepting a credit or refund for unused, | 11 | | salable beer at the conclusion of the event specified in the | 12 | | license if: (i) the holder of the special use permit license | 13 | | has not transferred alcoholic liquor from its retail licensed | 14 | | premises to the premises specified in the special use permit | 15 | | license; (ii) the distributor or importing distributor offers | 16 | | the credit or refund for the unused, salable beer that it | 17 | | delivered to the premises specified in the special use permit | 18 | | license and not for any unused, salable beer that the | 19 | | distributor or importing distributor delivered to the | 20 | | retailer's premises; and (iii) the unused, salable beer would | 21 | | likely spoil if transferred to the retailer premises. | 22 | | (r) A winery shipper's license shall allow a person
with a | 23 | | first-class or second-class wine manufacturer's
license, a | 24 | | first-class or second-class wine-maker's license,
or a limited | 25 | | wine manufacturer's license or who is licensed to
make wine | 26 | | under the laws of another state to ship wine
made by that |
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| 1 | | licensee directly to a resident of this
State who is 21 years | 2 | | of age or older for that resident's
personal use and not for | 3 | | resale. Prior to receiving a
winery shipper's license, an | 4 | | applicant for the license must
provide the Commission with a | 5 | | true copy of its current
license in any state in which it is | 6 | | licensed as a manufacturer
of wine. An applicant for a winery | 7 | | shipper's license must
also complete an application form that | 8 | | provides any other
information the Commission deems necessary. | 9 | | The application form shall include all addresses from which | 10 | | the applicant for a winery shipper's license intends to ship | 11 | | wine, including the name and address of any third party, | 12 | | except for a common carrier, authorized to ship wine on behalf | 13 | | of the manufacturer. The
application form shall include an | 14 | | acknowledgement consenting
to the jurisdiction of the | 15 | | Commission, the Illinois
Department of Revenue, and the courts | 16 | | of this State concerning
the enforcement of this Act and any | 17 | | related laws, rules, and
regulations, including authorizing | 18 | | the Department of Revenue
and the Commission to conduct audits | 19 | | for the purpose of
ensuring compliance with Public Act 95-634, | 20 | | and an acknowledgement that the wine manufacturer is in | 21 | | compliance with Section 6-2 of this Act. Any third party, | 22 | | except for a common carrier, authorized to ship wine on behalf | 23 | | of a first-class or second-class wine manufacturer's licensee, | 24 | | a first-class or second-class wine-maker's licensee, a limited | 25 | | wine manufacturer's licensee, or a person who is licensed to | 26 | | make wine under the laws of another state shall also be |
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| 1 | | disclosed by the winery shipper's licensee, and a copy of the | 2 | | written appointment of the third-party wine provider, except | 3 | | for a common carrier, to the wine manufacturer shall be filed | 4 | | with the State Commission as a supplement to the winery | 5 | | shipper's license application or any renewal thereof. The | 6 | | winery shipper's license holder shall affirm under penalty of | 7 | | perjury, as part of the winery shipper's license application | 8 | | or renewal, that he or she only ships wine, either directly or | 9 | | indirectly through a third-party provider, from the licensee's | 10 | | own production. | 11 | | Except for a common carrier, a third-party provider | 12 | | shipping wine on behalf of a winery shipper's license holder | 13 | | is the agent of the winery shipper's license holder and, as | 14 | | such, a winery shipper's license holder is responsible for the | 15 | | acts and omissions of the third-party provider acting on | 16 | | behalf of the license holder. A third-party provider, except | 17 | | for a common carrier, that engages in shipping wine into | 18 | | Illinois on behalf of a winery shipper's license holder shall | 19 | | consent to the jurisdiction of the State Commission and the | 20 | | State. Any third-party, except for a common carrier, holding | 21 | | such an appointment shall, by February 1 of each calendar year | 22 | | and upon request by the State Commission or the Department of | 23 | | Revenue, file with the State Commission a statement detailing | 24 | | each shipment made to an Illinois resident. The statement | 25 | | shall include the name and address of the third-party provider | 26 | | filing the statement, the time period covered by the |
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| 1 | | statement, and the following information: | 2 | | (1) the name, address, and license number of the | 3 | | winery shipper on whose behalf the shipment was made; | 4 | | (2) the quantity of the products delivered; and | 5 | | (3) the date and address of the shipment. | 6 | | If the Department of Revenue or the State Commission requests | 7 | | a statement under this paragraph, the third-party provider | 8 | | must provide that statement no later than 30 days after the | 9 | | request is made. Any books, records, supporting papers, and | 10 | | documents containing information and data relating to a | 11 | | statement under this paragraph shall be kept and preserved for | 12 | | a period of 3 years, unless their destruction sooner is | 13 | | authorized, in writing, by the Director of Revenue, and shall | 14 | | be open and available to inspection by the Director of Revenue | 15 | | or the State Commission or any duly authorized officer, agent, | 16 | | or employee of the State Commission or the Department of | 17 | | Revenue, at all times during business hours of the day. Any | 18 | | person who violates any provision of this paragraph or any | 19 | | rule of the State Commission for the administration and | 20 | | enforcement of the provisions of this paragraph is guilty of a | 21 | | Class C misdemeanor. In case of a continuing violation, each | 22 | | day's continuance thereof shall be a separate and distinct | 23 | | offense. | 24 | | The State Commission shall adopt rules as soon as | 25 | | practicable to implement the requirements of Public Act 99-904 | 26 | | and shall adopt rules prohibiting any such third-party |
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| 1 | | appointment of a third-party provider, except for a common | 2 | | carrier, that has been deemed by the State Commission to have | 3 | | violated the provisions of this Act with regard to any winery | 4 | | shipper licensee. | 5 | | A winery shipper licensee must pay to the Department
of | 6 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 7 | | all wine that is sold by the licensee and shipped to a person
| 8 | | in this State. For the purposes of Section 8-1, a winery
| 9 | | shipper licensee shall be taxed in the same manner as a
| 10 | | manufacturer of wine. A licensee who is not otherwise required | 11 | | to register under the Retailers' Occupation Tax Act must
| 12 | | register under the Use Tax Act to collect and remit use tax to
| 13 | | the Department of Revenue for all gallons of wine that are sold
| 14 | | by the licensee and shipped to persons in this State. If a
| 15 | | licensee fails to remit the tax imposed under this Act in
| 16 | | accordance with the provisions of Article VIII of this Act, | 17 | | the
winery shipper's license shall be revoked in accordance
| 18 | | with the provisions of Article VII of this Act. If a licensee
| 19 | | fails to properly register and remit tax under the Use Tax Act
| 20 | | or the Retailers' Occupation Tax Act for all wine that is sold
| 21 | | by the winery shipper and shipped to persons in this
State, the | 22 | | winery shipper's license shall be revoked in
accordance with | 23 | | the provisions of Article VII of this Act. | 24 | | A winery shipper licensee must collect, maintain, and
| 25 | | submit to the Commission on a semi-annual basis the
total | 26 | | number of cases per resident of wine shipped to residents
of |
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| 1 | | this State.
A winery shipper licensed under this subsection | 2 | | (r)
must comply with the requirements of Section 6-29 of this | 3 | | Act. | 4 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 5 | | Section 3-12, the State Commission may receive, respond to, | 6 | | and investigate any complaint and impose any of the remedies | 7 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 8 | | As used in this subsection, "third-party provider" means | 9 | | any entity that provides fulfillment house services, including | 10 | | warehousing, packaging, distribution, order processing, or | 11 | | shipment of wine, but not the sale of wine, on behalf of a | 12 | | licensed winery shipper. | 13 | | (s) A craft distiller tasting permit license shall allow | 14 | | an Illinois licensed class 1 craft distiller or class 2 craft | 15 | | distiller to transfer a portion of its alcoholic liquor | 16 | | inventory from its class 1 craft distiller or class 2 craft | 17 | | distiller licensed premises to the premises specified in the | 18 | | license hereby created and to conduct a sampling, only in the | 19 | | premises specified in the license hereby created, of the | 20 | | transferred alcoholic liquor in accordance with subsection (c) | 21 | | of Section 6-31 of this Act. The transferred alcoholic liquor | 22 | | may not be sold or resold in any form. An applicant for the | 23 | | craft distiller tasting permit license must also submit with | 24 | | the application proof satisfactory to the State Commission | 25 | | that the applicant will provide dram shop liability insurance | 26 | | to the maximum limits and have local authority approval. |
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| 1 | | (t) A brewer warehouse permit may be issued to the holder | 2 | | of a class 1 brewer license or a class 2 brewer license. If the | 3 | | holder of the permit is a class 1 brewer licensee, the brewer | 4 | | warehouse permit shall allow the holder to store or warehouse | 5 | | up to 930,000 gallons of tax-determined beer manufactured by | 6 | | the holder of the permit at the premises specified on the | 7 | | permit. If the holder of the permit is a class 2 brewer | 8 | | licensee, the brewer warehouse permit shall allow the holder | 9 | | to store or warehouse up to 3,720,000 gallons of | 10 | | tax-determined beer manufactured by the holder of the permit | 11 | | at the premises specified on the permit. Sales to | 12 | | non-licensees are prohibited at the premises specified in the | 13 | | brewer warehouse permit. | 14 | | (u) A distilling pub license shall allow the licensee to | 15 | | only (i) manufacture up to 5,000 gallons of spirits per year | 16 | | only on the premises specified in the license, (ii) make sales | 17 | | of the spirits manufactured on the premises or, with the | 18 | | approval of the State Commission, spirits manufactured on | 19 | | another distilling pub licensed premises that is wholly owned | 20 | | and operated by the same licensee to importing distributors | 21 | | and distributors and to non-licensees for use and consumption, | 22 | | (iii) store the spirits upon the premises, (iv) sell and offer | 23 | | for sale at retail from the licensed premises for off-premises | 24 | | consumption no more than 5,000 gallons per year so long as such | 25 | | sales are only made in-person, (v) sell and offer for sale at | 26 | | retail for use and consumption on the premises specified in |
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| 1 | | the license any form of alcoholic liquor purchased from a | 2 | | licensed distributor or importing distributor, and (vi) with | 3 | | the prior approval of the State Commission, annually transfer | 4 | | no more than 5,000 gallons of spirits manufactured on the | 5 | | premises to a licensed distilling pub wholly owned and | 6 | | operated by the same licensee. | 7 | | A distilling pub licensee shall not under any circumstance | 8 | | sell or offer for sale spirits manufactured by the distilling | 9 | | pub licensee to retail licensees. | 10 | | A person who holds a class 2 craft distiller license may | 11 | | simultaneously hold a distilling pub license if the class 2 | 12 | | craft distiller (i) does not, under any circumstance, sell or | 13 | | offer for sale spirits manufactured by the class 2 craft | 14 | | distiller to retail licensees; (ii) does not hold more than 3 | 15 | | distilling pub licenses in this State; (iii) does not | 16 | | manufacture more than a combined 100,000 gallons of spirits | 17 | | per year, including the spirits manufactured at the distilling | 18 | | pub; and (iv) is not a member of or affiliated with, directly | 19 | | or indirectly, a manufacturer that produces more than 100,000 | 20 | | gallons of spirits per year or any other alcoholic liquor. | 21 | | (v) A craft distiller warehouse permit may be issued to | 22 | | the holder of a class 1 craft distiller or class 2 craft | 23 | | distiller license. The craft distiller warehouse permit shall | 24 | | allow the holder to store or warehouse up to 500,000 gallons of | 25 | | spirits manufactured by the holder of the permit at the | 26 | | premises specified on the permit. Sales to non-licensees are |
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| 1 | | prohibited at the premises specified in the craft distiller | 2 | | warehouse permit. | 3 | | (w) A wine retail shipper's license shall allow a person | 4 | | licensed to retail wine under the laws of another state to ship | 5 | | wine in that retailer's inventory directly to a resident of | 6 | | this State who is 21 years of age or older for that resident's | 7 | | personal use and not for resale. Prior to receiving a wine | 8 | | retail shipper's license, an applicant for the license must | 9 | | provide the State Commission with a true copy of its current | 10 | | license in any state in which it is licensed as a retailer. An | 11 | | applicant for a wine retail shipper's license must also | 12 | | complete an application form that provides any other | 13 | | information the State Commission deems necessary. The | 14 | | application form shall include all addresses from which the | 15 | | applicant for a wine retail shipper's license intends to ship | 16 | | wine, including the name and address of any third party, | 17 | | except for a common carrier, authorized to ship wine on behalf | 18 | | of the wine retail shipper. The application form shall include | 19 | | an acknowledgment consenting to the jurisdiction of the State | 20 | | Commission, the Department of Revenue, and the courts of this | 21 | | State concerning the enforcement of this Act and any related | 22 | | laws, rules, and regulations, including authorizing the | 23 | | Department of Revenue and the State Commission to conduct | 24 | | audits for the purpose of ensuring compliance with Public Act | 25 | | 95-634, and an acknowledgment that the wine retail shipper is | 26 | | in compliance with Section 6-2 of this Act. Any third party, |
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| 1 | | except for a common carrier, authorized to ship wine on behalf | 2 | | of a person who is licensed to retail wine under the laws of | 3 | | another state shall also be disclosed by the wine retail | 4 | | shipper's licensee, and a copy of the written appointment of | 5 | | the third-party wine provider, except for a common carrier, to | 6 | | the wine retail shipper shall be filed with the State | 7 | | Commission as a supplement to the wine retail shipper's | 8 | | license application or any renewal thereof. The wine retail | 9 | | shipper's license holder shall affirm under penalty of | 10 | | perjury, as part of the wine retail shipper's license | 11 | | application or renewal, that he or she only ships wine, either | 12 | | directly or indirectly through a third-party provider, from | 13 | | the licensee's own inventory. | 14 | | Except for a common carrier, a third-party provider | 15 | | shipping wine on behalf of a wine retail shipper's license | 16 | | holder is the agent of the wine retail shipper's license | 17 | | holder and, as such, a wine retail shipper's license holder is | 18 | | responsible for the acts and omissions of the third-party | 19 | | provider acting on behalf of the license holder. A third-party | 20 | | provider, except for a common carrier, that engages in | 21 | | shipping wine into Illinois on behalf of a wine retail | 22 | | shipper's license holder shall consent to the jurisdiction of | 23 | | the State Commission and the State. Any third party, except | 24 | | for a common carrier, holding such an appointment shall, by | 25 | | February 1 of each calendar year and upon request by the State | 26 | | Commission or the Department of Revenue, file with the State |
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| 1 | | Commission a statement detailing each shipment made to an | 2 | | Illinois resident. The statement shall include the name and | 3 | | address of the third-party provider filing the statement, the | 4 | | time period covered by the statement, and the following | 5 | | information: | 6 | | (1) the name, address, and license number of the
wine | 7 | | retail shipper on whose behalf the shipment was made; | 8 | | (2) the quantity of the products delivered; and | 9 | | (3) the date and address of the shipment. | 10 | | If the Department of Revenue or the State Commission requests | 11 | | a statement under this paragraph, the third-party provider | 12 | | must provide that statement no later than 30 days after the | 13 | | request is made. Any books, records, supporting papers, and | 14 | | documents containing information and data relating to a | 15 | | statement under this paragraph shall be kept and preserved for | 16 | | a period of 3 years, unless their destruction sooner is | 17 | | authorized, in writing, by the Director of Revenue, and shall | 18 | | be open and available to inspection by the Director of Revenue | 19 | | or the State Commission or any duly authorized officer, agent, | 20 | | or employee of the State Commission or the Department of | 21 | | Revenue, at all times during business hours of the day. Any | 22 | | person who violates any provision of this paragraph or any | 23 | | rule of the State Commission for the administration and | 24 | | enforcement of the provisions of this paragraph is guilty of a | 25 | | Class C misdemeanor. In case of a continuing violation, each | 26 | | day's continuance thereof shall be a separate and distinct |
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| 1 | | offense. | 2 | | The State Commission shall adopt rules as soon as | 3 | | practicable to implement the requirements of this amendatory | 4 | | Act of the 102nd General Assembly and shall adopt rules | 5 | | prohibiting any such third-party appointment of a third-party | 6 | | provider, except for a common carrier, that has been deemed by | 7 | | the State Commission to have violated the provisions of this | 8 | | Act with regard to any wine retail shipper's licensee. | 9 | | A wine retail shipper licensee must collect, maintain, and | 10 | | submit to the State Commission on a semi-annual basis the | 11 | | total number of cases per resident of wine shipped to | 12 | | residents of this State. A wine retail shipper licensed under | 13 | | this subsection (w) must comply with the requirements of | 14 | | Section 6-29 of this Act. | 15 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 16 | | Section 3-12, the State Commission may receive, respond to, | 17 | | and investigate any complaint and impose any of the remedies | 18 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 19 | | As used in this subsection, "third-party provider" means | 20 | | any entity that provides fulfillment house services, including | 21 | | warehousing, packaging, distribution, order processing, or | 22 | | shipment of wine, but not the sale of wine, on behalf of a | 23 | | licensed wine retail shipper. | 24 | | (Source: P.A. 100-17, eff. 6-30-17; 100-201, eff. 8-18-17; | 25 | | 100-816, eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff. | 26 | | 8-23-18; 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; 101-81, |
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| 1 | | eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. 8-23-19; | 2 | | 101-615, eff. 12-20-19.) | 3 | | (235 ILCS 5/5-3) (from Ch. 43, par. 118) | 4 | | Sec. 5-3. License fees. Except as otherwise provided | 5 | | herein, at the time
application is made to the State | 6 | | Commission for a license of any class, the
applicant shall pay | 7 | | to the State Commission the fee hereinafter provided for
the | 8 | | kind of license applied for. | 9 | | The fee for licenses issued by the State Commission shall | 10 | | be as follows: | |
11 | | | Online | Initial | |
12 | | | renewal | license | |
13 | | | | or | |
14 | | | | non-online | |
15 | | | | renewal |
| |
16 | | For a manufacturer's license: | | | |
17 | | Class 1. Distiller ................. | $4,000 | $5,000 | |
18 | | Class 2. Rectifier ................. | 4,000 | 5,000 | |
19 | | Class 3. Brewer .................... | 1,200 | 1,500 | |
20 | | Class 4. First-class Wine | | | |
21 | | Manufacturer ................... | 750 | 900 | |
22 | | Class 5. Second-class | | | |
23 | | Wine Manufacturer .............. | 1,500 | 1,750 | |
24 | | Class 6. First-class wine-maker .... | 750 | 900 | |
25 | | Class 7. Second-class wine-maker ... | 1,500 | 1,750 | |
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| 1 | | Class 8. Limited Wine | | | |
2 | | Manufacturer .................... | 250 | 350 | |
3 | | Class 9. Craft Distiller ............ | $ 2,000 | $ 2,500 | |
4 | | Class 10. Class 1 Craft Distiller ... | 50 | 75 | |
5 | | Class 11. Class 2 Craft Distiller ... | 75 | 100 | |
6 | | Class 12. Class 1 Brewer ............ | 50 | 75 | |
7 | | Class 13. Class 2 Brewer ............ | 75 | 100 | |
8 | | For a Brew Pub License .............. | 1,200 | 1,500 | |
9 | | For a Distilling Pub License ........ | 1,200 | 1,500 | |
10 | | For a caterer retailer's license .... | 350 | 500 | |
11 | | For a foreign importer's license ... | 25 | 25 | |
12 | | For an importing distributor's | | | |
13 | | license ......................... | 25 | 25 | |
14 | | For a distributor's license | | | |
15 | | (11,250,000 gallons | | | |
16 | | or over) ........................ | 1,450 | 2,200 | |
17 | | For a distributor's license | | | |
18 | | (over 4,500,000 gallons, but | | | |
19 | | under 11,250,000 gallons) ....... | 950 | 1,450 | |
20 | | For a distributor's license | | | |
21 | | (4,500,000 gallons or under) .... | 300 | 450 | |
22 | | For a non-resident dealer's license | | | |
23 | | (500,000 gallons or over) ...... | 1,200 | 1,500 | |
24 | | For a wine retail shipper's | | | |
25 | | license ........................ | 600 | 750 | |
26 | | For a non-resident dealer's license | | | |
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| 1 | | (under 500,000 gallons) ........ | 250 | 350 | |
2 | | For a wine-maker's premises | | | |
3 | | license ........................ | 250 | 500 | |
4 | | For a winery shipper's license | | | |
5 | | (under 250,000 gallons) ......... | 200 | 350 | |
6 | | For a winery shipper's license
| | | |
7 | | (250,000 or over, but | | | |
8 | | under 500,000 gallons) .......... | 750 | 1,000 | |
9 | | For a winery shipper's license
| | | |
10 | | (500,000 gallons or over) ....... | 1,200 | 1,500 | |
11 | | For a wine-maker's premises | | | |
12 | | license, second location ....... | 500 | 1,000 | |
13 | | For a wine-maker's premises | | | |
14 | | license, third location ........ | 500 | 1,000 | |
15 | | For a retailer's license ........... | 600 | 750 | |
16 | | For a special event retailer's | | | |
17 | | license, (not-for-profit) ...... | 25 | 25 | |
18 | | For a special use permit license, | | | |
19 | | one day only ................... | 100 | 150 | |
20 | | 2 days or more ................. | 150 | 250 | |
21 | | For a railroad license ............. | 100 | 150 | |
22 | | For a boat license ................. | 500 | 1,000 | |
23 | | For an airplane license, times the | | | |
24 | | licensee's maximum number of | | | |
25 | | aircraft in flight, serving | | | |
26 | | liquor over the State at any | | | |
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| 1 | | given time, which either | | | |
2 | | originate, terminate, or make | | | |
3 | | an intermediate stop in | | | |
4 | | the State ....................... | 100 | 150 | |
5 | | For a non-beverage user's license: | | | |
6 | | Class 1 ........................ | 24 | 24 | |
7 | | Class 2 ........................ | 60 | 60 | |
8 | | Class 3 ........................ | 120 | 120 | |
9 | | Class 4 ........................ | 240 | 240 | |
10 | | Class 5 ........................ | 600 | 600 | |
11 | | For a broker's license ............. | 750 | 1,000 | |
12 | | For an auction liquor license ...... | 100 | 150 | |
13 | | For a homebrewer special | | | |
14 | | event permit .................... | 25 | 25 | |
15 | | For a craft distiller | | | |
16 | | tasting permit .................. | 25 | 25 | |
17 | | For a BASSET trainer license ........ | 300 | 350 | |
18 | | For a tasting representative | | | |
19 | | license ......................... | 200 | 300 | |
20 | | For a brewer warehouse permit ....... | 25 | 25 | |
21 | | For a craft distiller | | | |
22 | | warehouse permit ............... | 25 | 25 |
| 23 | | Fees collected under this Section shall be paid into the
| 24 | | Dram Shop Fund. On and after July 1, 2003 and until June 30, | 25 | | 2016, of the funds received for a
retailer's license, in
| 26 | | addition to the
first $175, an additional $75 shall be paid |
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| 1 | | into the Dram Shop Fund, and $250
shall be
paid into the | 2 | | General Revenue Fund. On and after June 30, 2016, one-half of | 3 | | the funds received for a retailer's license shall be paid into | 4 | | the Dram Shop Fund and one-half of the funds received for a | 5 | | retailer's license shall be paid into the General Revenue | 6 | | Fund. Beginning June 30, 1990 and on June 30
of each
subsequent | 7 | | year through June 29, 2003, any balance over $5,000,000
| 8 | | remaining in the Dram Shop Fund
shall be credited to State | 9 | | liquor licensees and applied against their fees for
State | 10 | | liquor licenses for the following year. The amount credited to | 11 | | each
licensee shall be a proportion of the balance in the Dram | 12 | | Fund that is the
same as the proportion of the license fee paid | 13 | | by the licensee under
this Section for the period in which the | 14 | | balance was accumulated to the
aggregate fees paid by all | 15 | | licensees during that period. | 16 | | No fee shall be paid for licenses issued by the State | 17 | | Commission to
the following non-beverage users: | 18 | | (a) Hospitals, sanitariums, or clinics when their use | 19 | | of alcoholic
liquor is exclusively medicinal, mechanical | 20 | | or scientific. | 21 | | (b) Universities, colleges of learning or schools when | 22 | | their use of
alcoholic liquor is exclusively medicinal, | 23 | | mechanical or scientific. | 24 | | (c) Laboratories when their use is exclusively for the | 25 | | purpose of
scientific research. | 26 | | (Source: P.A. 100-201, eff. 8-18-17; 100-816, eff. 8-13-18; |
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| 1 | | 101-482, eff. 8-23-19; 101-615, eff. 12-20-19; revised | 2 | | 8-19-20.)
| 3 | | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| 4 | | Sec. 6-2. Issuance of licenses to certain persons | 5 | | prohibited.
| 6 | | (a) Except as otherwise provided in subsection (b) of this | 7 | | Section and in paragraph (1) of subsection (a) of Section | 8 | | 3-12, no license
of any kind issued by the State Commission or | 9 | | any local
commission shall be issued to:
| 10 | | (1) A person who is not a resident of any city, village | 11 | | or county in
which the premises covered by the license are | 12 | | located; except in case of
railroad or boat licenses or | 13 | | wine retail shipper's licenses .
| 14 | | (2) A person who is not of good character and | 15 | | reputation in the
community in which he resides.
| 16 | | (3) (Blank).
| 17 | | (4) A person who has been convicted of a felony under | 18 | | any Federal or
State law, unless the Commission determines | 19 | | that such
person will not be impaired by the conviction in | 20 | | engaging in the licensed practice
after considering | 21 | | matters set forth in such person's application in | 22 | | accordance with Section 6-2.5 of this Act and the
| 23 | | Commission's investigation.
| 24 | | (5) A person who has been convicted of keeping a place | 25 | | of prostitution or keeping a place of juvenile |
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| 1 | | prostitution, promoting prostitution that involves keeping | 2 | | a place of prostitution, or promoting juvenile | 3 | | prostitution that involves keeping a place of juvenile | 4 | | prostitution.
| 5 | | (6) A person who has been convicted of pandering.
| 6 | | (7) A person whose license issued under this Act has | 7 | | been revoked for
cause.
| 8 | | (8) A person who at the time of application for | 9 | | renewal of any license
issued hereunder would not be | 10 | | eligible for such license upon a first
application.
| 11 | | (9) A copartnership, if any general partnership | 12 | | thereof, or any
limited partnership thereof, owning more | 13 | | than 5% of the aggregate limited
partner interest in such | 14 | | copartnership would not be eligible to receive a
license | 15 | | hereunder for any reason other than residence within the | 16 | | political
subdivision, unless residency is required by | 17 | | local ordinance.
| 18 | | (10) A corporation or limited liability company, if | 19 | | any member, officer, manager or director thereof, or
any | 20 | | stockholder or stockholders owning in the aggregate more | 21 | | than 5% of the
stock of such corporation, would not be | 22 | | eligible to receive a license
hereunder for any reason | 23 | | other than residence within the
political subdivision.
| 24 | | (10a) A corporation or limited liability company | 25 | | unless it is incorporated or organized in Illinois, or | 26 | | unless it
is a foreign corporation or foreign limited |
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| 1 | | liability company which is qualified under the Business
| 2 | | Corporation Act of 1983 or the Limited Liability Company | 3 | | Act to transact business in Illinois. The Commission shall | 4 | | permit and accept from an applicant for a license under | 5 | | this Act proof prepared from the Secretary of State's | 6 | | website that the corporation or limited liability company | 7 | | is in good standing and is qualified under the Business
| 8 | | Corporation Act of 1983 or the Limited Liability Company | 9 | | Act to transact business in Illinois.
| 10 | | (11) A person whose place of business is conducted by | 11 | | a manager or agent
unless the manager or agent possesses | 12 | | the same qualifications required by
the licensee.
| 13 | | (12) A person who has been convicted of a violation of | 14 | | any Federal or
State law concerning the manufacture, | 15 | | possession or sale of alcoholic
liquor, subsequent to the | 16 | | passage of this Act or has forfeited his bond to
appear in | 17 | | court to answer charges for any such violation, unless the | 18 | | Commission determines, in accordance with Section 6-2.5 of | 19 | | this Act, that the person will not be impaired by the | 20 | | conviction in engaging in the licensed practice.
| 21 | | (13) A person who does not beneficially own the | 22 | | premises for which a
license is sought, or does not have a | 23 | | lease thereon for the full period for
which the license is | 24 | | to be issued.
| 25 | | (14) Any law enforcing public official, including | 26 | | members
of local liquor control commissions,
any mayor, |
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| 1 | | alderman, or member of the
city council or commission, any | 2 | | president of the village board of trustees,
any member of | 3 | | a village board of trustees, or any president or member of | 4 | | a
county board; and no such official shall have a direct | 5 | | interest in the
manufacture, sale, or distribution of | 6 | | alcoholic liquor, except that a
license
may be granted to | 7 | | such official in relation to premises that are
not
located | 8 | | within the territory subject to the jurisdiction of that | 9 | | official
if the issuance of such license is approved by | 10 | | the State Liquor Control
Commission
and except that a | 11 | | license may be granted, in a city or village with a
| 12 | | population of 55,000 or less, to any alderman, member of a | 13 | | city council, or
member of a village board of trustees in | 14 | | relation to premises that are located
within the territory
| 15 | | subject to the jurisdiction of that official if (i) the | 16 | | sale of alcoholic
liquor pursuant to the license is | 17 | | incidental to the selling of food, (ii) the
issuance of | 18 | | the license is approved by the State Commission, (iii) the
| 19 | | issuance of the license is in accordance with all | 20 | | applicable local ordinances
in effect where the premises | 21 | | are located, and (iv) the official granted a
license does | 22 | | not vote on alcoholic liquor issues pending before the | 23 | | board or
council to which the license holder is elected. | 24 | | Notwithstanding any provision of this paragraph (14) to | 25 | | the contrary, an alderman or member of a city council or | 26 | | commission, a member of a village board of trustees other |
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| 1 | | than the president of the village board of trustees, or a | 2 | | member of a county board other than the president of a | 3 | | county board may have a direct interest in the | 4 | | manufacture, sale, or distribution of alcoholic liquor as | 5 | | long as he or she is not a law enforcing public official, a | 6 | | mayor, a village board president, or president of a county | 7 | | board. To prevent any conflict of interest, the elected | 8 | | official with the direct interest in the manufacture, | 9 | | sale, or distribution of alcoholic liquor shall not | 10 | | participate in any meetings, hearings, or decisions on | 11 | | matters impacting the manufacture, sale, or distribution | 12 | | of alcoholic liquor. Furthermore, the mayor of a city with | 13 | | a population of 55,000 or less or the president of a | 14 | | village with a population of 55,000 or less may have an | 15 | | interest in the manufacture, sale, or distribution of | 16 | | alcoholic liquor as long as the council or board over | 17 | | which he or she presides has made a local liquor control | 18 | | commissioner appointment that complies with the | 19 | | requirements of Section 4-2 of this Act.
| 20 | | (15) A person who is not a beneficial owner of the | 21 | | business to be
operated by the licensee.
| 22 | | (16) A person who has been convicted of a gambling | 23 | | offense as
proscribed by any of subsections (a) (3) | 24 | | through (a)
(11) of
Section 28-1 of, or as
proscribed by | 25 | | Section 28-1.1 or 28-3 of, the Criminal Code of
1961 or the | 26 | | Criminal Code of 2012, or as proscribed by a
statute
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| 1 | | replaced by any of the aforesaid statutory provisions.
| 2 | | (17) A person or entity to whom a federal wagering | 3 | | stamp has been
issued by the
federal government, unless | 4 | | the person or entity is eligible to be issued a
license | 5 | | under the Raffles and Poker Runs Act or the Illinois Pull | 6 | | Tabs and Jar Games Act.
| 7 | | (18) A person who intends to sell alcoholic liquors | 8 | | for use or
consumption on his or her licensed retail | 9 | | premises who does not have liquor
liability insurance | 10 | | coverage for that premises in an amount that is at least
| 11 | | equal to the maximum liability amounts set out in | 12 | | subsection (a) of Section
6-21.
| 13 | | (19) A person who is licensed by any licensing | 14 | | authority as a manufacturer of beer, or any partnership, | 15 | | corporation, limited liability company, or trust or any | 16 | | subsidiary, affiliate, or agent thereof, or any other form | 17 | | of business enterprise licensed as a manufacturer of beer, | 18 | | having any legal, equitable, or beneficial interest, | 19 | | directly or indirectly, in a person licensed in this State | 20 | | as a distributor or importing distributor. For purposes of | 21 | | this paragraph (19), a person who is licensed by any | 22 | | licensing authority as a "manufacturer of beer" shall also | 23 | | mean a brewer and a non-resident dealer who is also a | 24 | | manufacturer of beer, including a partnership, | 25 | | corporation, limited liability company, or trust or any | 26 | | subsidiary, affiliate, or agent thereof, or any other form |
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| 1 | | of business enterprise licensed as a manufacturer of beer. | 2 | | (20) A person who is licensed in this State as a | 3 | | distributor or importing distributor, or any partnership, | 4 | | corporation, limited liability company, or trust or any | 5 | | subsidiary, affiliate, or agent thereof, or any other form | 6 | | of business enterprise licensed in this State as a | 7 | | distributor or importing distributor having any legal, | 8 | | equitable, or beneficial interest, directly or indirectly, | 9 | | in a person licensed as a manufacturer of beer by any | 10 | | licensing authority, or any partnership, corporation, | 11 | | limited liability company, or trust or any subsidiary, | 12 | | affiliate, or agent thereof, or any other form of business | 13 | | enterprise, except for a person who owns, on or after the | 14 | | effective date of this amendatory Act of the 98th General | 15 | | Assembly, no more than 5% of the outstanding shares of a | 16 | | manufacturer of beer whose shares are publicly traded on | 17 | | an exchange within the meaning of the Securities Exchange | 18 | | Act of 1934. For the purposes of this paragraph (20), a | 19 | | person who is licensed by any licensing authority as a | 20 | | "manufacturer of beer" shall also mean a brewer and a | 21 | | non-resident dealer who is also a manufacturer of beer, | 22 | | including a partnership, corporation, limited liability | 23 | | company, or trust or any subsidiary, affiliate, or agent | 24 | | thereof, or any other form of business enterprise licensed | 25 | | as a manufacturer of beer. | 26 | | (b) A criminal conviction of a corporation is not grounds |
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| 1 | | for the
denial, suspension, or revocation of a license applied | 2 | | for or held by the
corporation if the criminal conviction was | 3 | | not the result of a violation of any
federal or State law | 4 | | concerning the manufacture, possession or sale of
alcoholic | 5 | | liquor, the offense that led to the conviction did not result | 6 | | in any
financial gain to the corporation and the corporation | 7 | | has terminated its
relationship with each director, officer, | 8 | | employee, or controlling shareholder
whose actions directly | 9 | | contributed to the conviction of the corporation. The
| 10 | | Commission shall determine if all provisions of this | 11 | | subsection (b) have been
met before any action on the | 12 | | corporation's license is initiated.
| 13 | | (Source: P.A. 100-286, eff. 1-1-18; 101-541, eff. 8-23-19.)
| 14 | | (235 ILCS 5/6-29) (from Ch. 43, par. 144e)
| 15 | | Sec. 6-29. Winery shipper's license and wine retail | 16 | | shipper license .
| 17 | | (a) The General Assembly declares that the following is | 18 | | the
intent of this Section: | 19 | | (1) To authorize direct shipment of wine by an
| 20 | | out-of-state maker of wine or out-of-state retailer of | 21 | | wine on the same basis permitted an
in-state maker or | 22 | | retailer of wine pursuant to the authority of the State
| 23 | | under the provisions of Section 2 of the Twenty-First
| 24 | | Amendment to the United States Constitution and in
| 25 | | conformance with the United States Supreme Court decisions |
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| 1 | | decision
decided on May 16, 2005 in Granholm v. Heald and | 2 | | Tennessee Wine and Spirits Retailers Association v. Thomas | 3 | | decided on June 26, 2019 . | 4 | | (2) To reaffirm that the General Assembly's findings
| 5 | | and declarations that selling alcoholic liquor through
| 6 | | various direct marketing means such as catalogs,
| 7 | | newspapers, mailings, and the Internet directly to
| 8 | | consumers of this State poses a serious threat to the
| 9 | | State's efforts to further temperance and prevent youth
| 10 | | from accessing alcoholic liquor and the expansion of youth
| 11 | | access to additional types of alcoholic liquors. | 12 | | (3) To maintain the State's broad powers granted by
| 13 | | Section 2 of the Twenty-First Amendment to the United
| 14 | | States Constitution to control the importation or sale of
| 15 | | alcoholic liquor and its right to structure its alcoholic
| 16 | | liquor distribution system. | 17 | | (4) To ensure that the General Assembly, by | 18 | | authorizing
limited direct shipment of wine to meet the | 19 | | directives of
the United States Supreme Court, does not | 20 | | intend to impair
or modify the State's distribution of | 21 | | wine through
distributors or importing distributors, but | 22 | | only to permit
limited shipment of wine for personal use. | 23 | | (5) To provide that, in the event that a court of
| 24 | | competent jurisdiction declares or finds that this
| 25 | | Section, which is enacted to conform Illinois law to the
| 26 | | United States Supreme Court decision, is invalid or
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| 1 | | unconstitutional, the Illinois General Assembly at its
| 2 | | earliest general session shall conduct hearings and study
| 3 | | methods to conform to any directive or order of the court | 4 | | consistent with the temperance and
revenue collection | 5 | | purposes of this Act. | 6 | | (b) Notwithstanding any other provision of law, a
wine | 7 | | shipper licensee or wine retail shipper licensee may ship | 8 | | wine , for personal use and not for
resale, not more than 12 | 9 | | cases of wine per year to any resident
of this State who is 21 | 10 | | years of age or older. | 11 | | (b-3) Notwithstanding any other provision of law, sale and
| 12 | | shipment by a winery shipper licensee or wine retail shipper | 13 | | licensee pursuant to this
Section shall be deemed to | 14 | | constitute a sale in this State. | 15 | | (b-5) The shipping container of any wine shipped under | 16 | | this
Section shall be clearly labeled with the following | 17 | | words:
"CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF | 18 | | AGE OR
OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY | 19 | | MUST BE
SHOWN BEFORE DELIVERY.". This warning must be | 20 | | prominently
displayed on the packaging. A licensee shall | 21 | | require the
transporter or common carrier that delivers the | 22 | | wine to obtain
the signature of a person 21 years of age or | 23 | | older at the
delivery address at the time of delivery. At the | 24 | | expense of the
licensee, the licensee shall receive a delivery | 25 | | confirmation
from the express company, common carrier, or | 26 | | contract carrier
indicating the location of the delivery, time |
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| 1 | | of delivery, and
the name and signature of the individual 21 | 2 | | years of age or
older who accepts delivery. The Commission | 3 | | shall design
and create a label or approve a label that must be | 4 | | affixed to
the shipping container by the licensee.
| 5 | | (c) No broker within this State shall solicit consumers to | 6 | | engage in
direct wine shipments under this Section.
| 7 | | (d) It is not the intent of this Section to impair the | 8 | | distribution of
wine through distributors or importing | 9 | | distributors, but only to permit
shipments of wine for | 10 | | personal use.
| 11 | | (Source: P.A. 95-634, eff. 6-1-08 .)
| 12 | | (235 ILCS 5/6-29.1)
| 13 | | Sec. 6-29.1. Direct shipments of alcoholic liquor. | 14 | | (a) The General Assembly makes the following findings: | 15 | | (1) The General Assembly of Illinois, having reviewed
| 16 | | this Act in light of the United
States Supreme Court's | 17 | | 2005 decision in Granholm v. Heald and 2019 decision in | 18 | | Tennessee Wine and Spirits Retailers Association v. | 19 | | Thomas ,
has determined to conform that law to the | 20 | | constitutional
principles enunciated by the Court in a | 21 | | manner that best
preserves the temperance, revenue, and | 22 | | orderly
distribution values of this Act. | 23 | | (2) Minimizing automobile accidents and fatalities,
| 24 | | domestic violence, health problems, loss of productivity,
| 25 | | unemployment, and other social problems associated with
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| 1 | | dependency and improvident use of alcoholic beverages
| 2 | | remains the policy of Illinois. | 3 | | (3) To the maximum extent constitutionally feasible,
| 4 | | Illinois desires to collect sufficient revenue from excise
| 5 | | and use taxes on alcoholic beverages for the purpose of
| 6 | | responding to such social problems. | 7 | | (4) Combined with family education and individual
| 8 | | discipline, retail validation of age, and assessment of | 9 | | the
capacity of the consumer remains the best pre-sale | 10 | | social
protection against the problems associated with the | 11 | | abuse
of alcoholic liquor. | 12 | | (5) Therefore, the paramount purpose of Public Act | 13 | | 95-634 and this amendatory Act of the 102nd General | 14 | | Assembly this amendatory Act is to
continue to carefully | 15 | | limit direct shipment sales of wine by retailers of wine | 16 | | and produced by makers of wine
and to continue to prohibit | 17 | | such direct shipment sales for
spirits and beer. | 18 | | For these reasons, the Commission shall establish
a system | 19 | | to notify the out-of-state trade of this prohibition
and to | 20 | | detect violations. The Commission shall request
the Attorney | 21 | | General to extradite any offender.
| 22 | | (b) Pursuant to the
Twenty-First Amendment of the United | 23 | | States Constitution allowing states to
regulate the | 24 | | distribution and sale of alcoholic liquor and pursuant to the
| 25 | | federal Webb-Kenyon Act declaring that alcoholic liquor | 26 | | shipped in interstate
commerce must comply with state laws, |
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| 1 | | the General Assembly hereby finds and
declares that selling | 2 | | alcoholic liquor from a point outside this State
through | 3 | | various direct marketing means, such as catalogs,
newspapers, | 4 | | mailers, and the Internet,
directly to residents of this State | 5 | | poses a serious threat
to the State's efforts to prevent | 6 | | youths from accessing alcoholic liquor;
to State revenue | 7 | | collections; and to the economy of this State.
| 8 | | Any person manufacturing, distributing, retailing, or | 9 | | selling
alcoholic liquor who knowingly ships or transports or | 10 | | causes the shipping or
transportation of any alcoholic liquor | 11 | | from a point outside this State to a
person in this State who | 12 | | does not hold a manufacturer's, distributor's,
importing | 13 | | distributor's, retailer's, or non-resident dealer's license | 14 | | issued by the Liquor
Control Commission, other than a shipment | 15 | | of sacramental wine to a bona fide
religious organization, a | 16 | | shipment authorized by Section 6-29, subparagraph (17) of | 17 | | Section 3-12, or any other
shipment authorized by this Act, is | 18 | | in violation of this Act.
| 19 | | The Commission, upon determining, after investigation, | 20 | | that a person
has violated this Section, shall give notice to | 21 | | the person by certified mail to
cease and desist all shipments | 22 | | of
alcoholic liquor into this State and to withdraw from this | 23 | | State within 5
working days after receipt of the notice all | 24 | | shipments of alcoholic liquor then
in transit. A person who | 25 | | violates the cease and desist notice is subject to the | 26 | | applicable penalties in subsection (a) of Section 10-1 of this |
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| 1 | | Act.
| 2 | | (Source: P.A. 99-904, eff. 1-1-17 .)
| 3 | | (235 ILCS 5/7-1) (from Ch. 43, par. 145)
| 4 | | Sec. 7-1.
An applicant for a retail license , except for a | 5 | | wine retail shipper's license, from the State Commission
shall | 6 | | submit to the State Commission an application in writing under | 7 | | oath
stating:
| 8 | | (1) The applicant's name and mailing address;
| 9 | | (2) The name and address of the applicant's business;
| 10 | | (3) If applicable, the date of the filing of the | 11 | | "assumed name" of
the business with the County Clerk;
| 12 | | (4) In case of a copartnership, the date of the | 13 | | formation of the
partnership; in the case of an Illinois | 14 | | corporation, the date of its
incorporation; or in the case | 15 | | of a foreign corporation, the State where
it was | 16 | | incorporated and the date of its becoming qualified under | 17 | | the Business
Corporation Act of 1983 to transact business | 18 | | in the State of Illinois;
| 19 | | (5) The number, the date of issuance and the date of | 20 | | expiration of
the applicant's current local retail liquor | 21 | | license;
| 22 | | (6) The name of the city, village, or county that | 23 | | issued the local
retail liquor license;
| 24 | | (7) The name and address of the landlord if the | 25 | | premises are leased;
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| 1 | | (8) The date of the applicant's first request for a | 2 | | State liquor
license and whether it was granted, denied or | 3 | | withdrawn;
| 4 | | (9) The address of the applicant when the first | 5 | | application for a
State liquor license was made;
| 6 | | (10) The applicant's current State liquor license | 7 | | number;
| 8 | | (11) The date the applicant began liquor sales at his | 9 | | place of business;
| 10 | | (12) The address of the applicant's warehouse if he | 11 | | warehouses liquor;
| 12 | | (13) The applicant's Retailers' Occupation Tax (ROT) | 13 | | Registration Number;
| 14 | | (14) The applicant's document locator number on his | 15 | | Federal Special
Tax Stamp;
| 16 | | (15) Whether the applicant is delinquent in the | 17 | | payment of the
Retailers' Occupation Tax (Sales Tax), and | 18 | | if so, the reasons therefor;
| 19 | | (16) Whether the applicant is delinquent under the | 20 | | cash beer law,
and if so, the reasons therefor;
| 21 | | (17) In the case of a retailer, whether he is | 22 | | delinquent under the
30-day credit law, and if so, the | 23 | | reasons therefor;
| 24 | | (18) In the case of a distributor, whether he is | 25 | | delinquent under
the 15-day credit law, and if so, the | 26 | | reasons therefor;
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| 1 | | (19) Whether the applicant has made an application for | 2 | | a liquor
license which has been denied, and if so, the | 3 | | reasons therefor;
| 4 | | (20) Whether the applicant has ever had any previous | 5 | | liquor license
suspended or revoked, and if so, the | 6 | | reasons therefor;
| 7 | | (21) Whether the applicant has ever been convicted of | 8 | | a gambling
offense or felony, and if so, the particulars | 9 | | thereof;
| 10 | | (22) Whether the applicant possesses a current Federal | 11 | | Wagering Stamp,
and if so, the reasons therefor;
| 12 | | (23) Whether the applicant, or any other person, | 13 | | directly in his place
of business is a public official, | 14 | | and if so, the particulars thereof;
| 15 | | (24) The applicant's name, sex, date of birth, social | 16 | | security
number, position and percentage of ownership in | 17 | | the business; and the
name, sex, date of birth, social | 18 | | security number, position and
percentage of ownership in | 19 | | the business of every sole owner, partner,
corporate | 20 | | officer, director, manager and any person who owns 5% or | 21 | | more
of the shares of the applicant business entity or | 22 | | parent corporations of
the applicant business entity; and
| 23 | | (25) That he has not received or borrowed money or | 24 | | anything else of
value, and that he will not receive or | 25 | | borrow money or anything else of
value (other than | 26 | | merchandising credit in the ordinary course of
business |
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| 1 | | for a period not to exceed 90 days as herein expressly
| 2 | | permitted under Section 6-5 hereof), directly or
| 3 | | indirectly, from any manufacturer, importing distributor | 4 | | or
distributor or from any representative of any such | 5 | | manufacturer,
importing distributor or distributor, nor be | 6 | | a party in
any way, directly or indirectly, to any | 7 | | violation by a manufacturer,
distributor or importing | 8 | | distributor of Section 6-6 of this Act.
| 9 | | In addition to any other requirement of this Section, an | 10 | | applicant for
a special use permit license and a special event | 11 | | retailer's license shall
also submit (A) proof satisfactory to | 12 | | the Commission that the applicant
has a resale number issued | 13 | | under Section 2c of the Retailers' Occupation Tax
Act or that | 14 | | the applicant is registered under Section 2a of the Retailers'
| 15 | | Occupation Tax Act, (B) proof satisfactory to the Commission | 16 | | that the
applicant has a current, valid exemption | 17 | | identification number issued under
Section 1g of the | 18 | | Retailers' Occupation Tax Act and a certification to the
| 19 | | Commission that the purchase of alcoholic liquors will be a | 20 | | tax-exempt
purchase, or (C) a statement that the applicant is | 21 | | not registered under
Section 2a of the Retailers' Occupation | 22 | | Tax Act, does not hold a resale
number under Section 2c of the | 23 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 24 | | number under Section 1g of the Retailers' Occupation
Tax Act.
| 25 | | The applicant shall also submit proof of adequate dram shop
| 26 | | insurance for the special event prior to being issued a |
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| 1 | | license.
| 2 | | In addition to the foregoing information, such application | 3 | | shall
contain such other and further information as the State | 4 | | Commission and
the local commission may, by rule or regulation | 5 | | not inconsistent with
law, prescribe.
| 6 | | If the applicant reports a felony conviction as required | 7 | | under
paragraph (21) of this Section, such conviction may be | 8 | | considered by the
Commission in accordance with Section 6-2.5 | 9 | | of this Act in determining qualifications for licensing, but | 10 | | shall not
operate as a bar to licensing.
| 11 | | If said application is made in behalf of a partnership, | 12 | | firm,
association, club or corporation, then the same shall be | 13 | | signed by one
member of such partnership or the president or
| 14 | | secretary of
such corporation or an authorized agent of said
| 15 | | partnership or corporation.
| 16 | | All other applications shall be on forms prescribed by
the | 17 | | State Commission, and which may exclude any of the above | 18 | | requirements which
the State Commission rules to be | 19 | | inapplicable.
| 20 | | (Source: P.A. 100-286, eff. 1-1-18 .)
| 21 | | (235 ILCS 5/9-13) (from Ch. 43, par. 176)
| 22 | | Sec. 9-13.
It is unlawful to sell alcoholic liquor at | 23 | | retail
or to grant or
issue, or cause to be granted or issued, | 24 | | any license to sell alcoholic
liquor at retail within the | 25 | | limits of any political subdivision or precinct
or at any |
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| 1 | | premises
while the prohibition against such sales is in | 2 | | effect, or to sell at retail
alcoholic liquor other than beer | 3 | | containing not more than 4% of alcohol by
weight, or to grant | 4 | | or issue or cause to be granted any license to sell
such | 5 | | alcoholic liquor at retail within the limits of such political
| 6 | | subdivision or precinct while the prohibition against such | 7 | | sales is in
effect, or to sell at retail alcoholic liquor | 8 | | containing more than 4% of
alcohol by weight except in the | 9 | | original package and not for consumption on
the premises, or | 10 | | to grant or issue or cause to be granted or issued any
license | 11 | | to sell such alcoholic liquor at retail within the limits of | 12 | | such
political subdivision or precinct while the prohibition | 13 | | against such sales
is in effect. If any such license be granted | 14 | | or issued in violation of this
section, the license shall be | 15 | | void. This section shall not prohibit the
issuance of and | 16 | | operation under a manufacturer's or distributor's or
importing | 17 | | distributor's license in accordance with law. This Section | 18 | | does not prohibit the retail sale of wine by a licensee under | 19 | | subsection (w) of Section 5-1.
| 20 | | (Source: P.A. 86-861.)".
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