Full Text of SB2754 95th General Assembly
SB2754enr 95TH GENERAL ASSEMBLY
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SB2754 Enrolled |
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LRB095 15970 WGH 41982 b |
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| AN ACT concerning business.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Beer Industry Fair Dealing Act is amended by | 5 |
| changing Section 1.1 as follows:
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| (815 ILCS 720/1.1) (from Ch. 43, par. 301.1)
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| Sec. 1.1. As used in this Act:
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| (1) "Beer" means a beverage obtained by the alcoholic | 9 |
| fermentation of an
infusion or concoction of barley, or other | 10 |
| grain, malt, and hops in water,
and includes, among other | 11 |
| things, beer, ale, stout, lager beer, porter and
the like.
For | 12 |
| purposes of this Act only, the term "beer" shall also include | 13 |
| malt
beverage products containing less
than one-half of 1% of | 14 |
| alcohol by volume and marketed for adult consumption as
an | 15 |
| alternative beverage to beer.
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| (2) "Agreement" means any contract, agreement, | 17 |
| arrangement,
operating
standards, or amendments to a contract, | 18 |
| agreement, arrangement, or operating
standards, the effect of | 19 |
| which is to substantially change or modify
the existing | 20 |
| contract, agreement, arrangement, or operating standards,
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| whether
expressed or implied, whether oral or written, for a | 22 |
| definite or indefinite
period between a brewer and a wholesaler | 23 |
| pursuant to which a wholesaler
has been granted the right to |
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| purchase, resell, and distribute as
wholesaler or master | 2 |
| distributor
any brand
or brands of beer offered by a brewer. | 3 |
| The agreement between a brewer
and wholesaler shall not be | 4 |
| considered a franchise relationship.
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| (3) "Wholesaler" or "beer wholesaler" means any person, | 6 |
| other than a
manufacturer licensed under the Liquor Control Act | 7 |
| of 1934, who is
engaged in this State in purchasing, storing, | 8 |
| possessing or warehousing any
alcoholic liquors for resale or | 9 |
| reselling at wholesale, whether within or
without this State.
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| (4) "Brewer" means a person who is engaged in the | 11 |
| manufacture of beer,
a master distributor as defined in this
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| Section, a
successor brewer as defined in this Section, a | 13 |
| non-resident dealer under the
provisions of the Liquor Control | 14 |
| Act of 1934, a foreign importer under the
provisions of the | 15 |
| Liquor Control Act of 1934, or a person who owns or controls
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| the trademark, brand, or name of beer.
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| (4.5) "Brand" means any word, name, group of letters, | 18 |
| symbols, or any combination thereof that is adopted and used by | 19 |
| a brewer to identify a specific beer product and to distinguish | 20 |
| that beer product from another beer product. | 21 |
| (4.7) "Brand extension" means any brand that incorporates | 22 |
| all or a substantial part of the features of a pre-existing | 23 |
| brand of the same brewer and that relies to a significant | 24 |
| extent on the good will associated with the pre-existing brand.
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| (5) "Master Distributor" means a person who, in addition to | 26 |
| being a
wholesaler, acts in the same or
similar capacity as a |
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| brewer or outside seller of one or more brands of
beer to other | 2 |
| wholesalers on a regular basis in the normal course of
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| business.
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| (6) "Successor Brewer" means any person who in any way
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| obtains the distribution rights that a
brewer , non-resident | 6 |
| dealer, foreign importer, or master distributor once had
to | 7 |
| manufacture or distribute a brand or brands
of beer whether by | 8 |
| merger, purchase of corporate shares, purchase of
assets, or | 9 |
| any other arrangement , including but not limited to any | 10 |
| arrangements transferring the ownership or control of the | 11 |
| trademark, brand or name of the brand .
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| (7) "Person" means a natural person, partnership, | 13 |
| corporation, trust,
agency, or other form of business | 14 |
| enterprise. Person also includes heirs,
assigns, personal | 15 |
| representatives and guardians.
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| (8) "Territory" or "sales territory" means the geographic | 17 |
| area of primary
sales responsibility designated by an agreement | 18 |
| between a wholesaler and
brewer for any brand or brands of the | 19 |
| brewer.
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| (9) "Good cause" exists if the wholesaler or affected party | 21 |
| has failed
to comply with essential and reasonable requirements | 22 |
| imposed upon the
wholesaler or affected party by the agreement. | 23 |
| The requirements may not be
discriminating either by their | 24 |
| terms or in the methods of their enforcement
as compared with | 25 |
| requirements imposed on other similarly situated
wholesalers | 26 |
| by the brewer. The requirements may not be inconsistent with
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| this Act or in violation of any law or regulation.
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| (10) "Good faith" means honesty in fact and the observance | 3 |
| of reasonable
commercial standards of fair dealing in the trade | 4 |
| as defined and
interpreted under Section 2-103 of the Uniform | 5 |
| Commercial Code.
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| (11) "Reasonable standards and qualifications" means those | 7 |
| criteria
applied by the brewer to similarly situated | 8 |
| wholesalers during a period of
24 months before the proposed | 9 |
| change in manager or successor manager of the
wholesaler's | 10 |
| business.
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| (12) "Affected party" means a wholesaler, brewer, master | 12 |
| distributor,
successor brewer, or any person that is a party to | 13 |
| an agreement.
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| (13) "Signs" means signs described in Section 6-6 of the | 15 |
| Liquor Control
Act of 1934.
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| (14) "Advertising materials" means advertising materials | 17 |
| described in
Section 6-6 of the Liquor Control Act of 1934.
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| (Source: P.A. 95-240, eff. 8-17-07.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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