Full Text of SB3044 96th General Assembly
SB3044eng 96TH GENERAL ASSEMBLY
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SB3044 Engrossed |
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| AN ACT concerning liquor.
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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 Liquor Control Act of 1934 is amended by | 5 |
| changing Section 6-9 as follows:
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| (235 ILCS 5/6-9) (from Ch. 43, par. 126)
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| Sec. 6-9.
Registration of trade marks; sale within | 8 |
| geographical area;
delivery to authorized persons. The | 9 |
| Legislature hereby finds and declares
that for purposes of
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| ensuring the preservation and enhancement of interbrand | 11 |
| competition in
the alcoholic liquor industry within the State, | 12 |
| ensuring that importation
and distribution of alcoholic liquor | 13 |
| in the State will be subject to
thorough and inexpensive | 14 |
| monitoring by the State, reducing the
importation of illicit or | 15 |
| untaxed alcoholic liquor into the State,
excluding misbranded | 16 |
| alcoholic liquor products from the State,
providing incentives | 17 |
| to distributors to service and sell to larger
numbers of retail | 18 |
| licensees in the geographic area where such
distributors are | 19 |
| engaged in business, and reducing the amount of
spoiled and | 20 |
| overaged alcoholic liquor products sold to consumers,
it is | 21 |
| necessary to restrict the purchase of alcoholic liquors at
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| wholesale in the State to those persons selected by the | 23 |
| manufacturer,
distributor, importing distributor or foreign |
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| importer who owns or
controls the trade mark, brand or name of | 2 |
| the alcoholic liquor
products sold to such persons, and to | 3 |
| restrict the geographic area
or areas within which such persons | 4 |
| sell such alcoholic liquor at
wholesale, as provided in this | 5 |
| Section.
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| Each manufacturer, non-resident dealer, distributor, | 7 |
| importing distributor,
or
foreign importer who owns or controls | 8 |
| the trade mark, brand or name of
any alcoholic liquor shall | 9 |
| register with the State Commission, in the Chicago
office, on | 10 |
| or before the effective date, the name
of each person to whom | 11 |
| such manufacturer, non-resident dealer, distributor,
importing
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| distributor, or foreign importer grants the right to sell at | 13 |
| wholesale
in this State any such alcoholic liquor, specifying | 14 |
| the particular trade
mark, brand or name of alcoholic liquor as | 15 |
| to which such right is
granted, the geographical area or areas | 16 |
| for which such right is granted
and the period of time for | 17 |
| which such rights are granted to such person.
Each | 18 |
| manufacturer,
non-resident dealer, distributor or importing | 19 |
| distributor, or foreign
importer who is required to register | 20 |
| under this Section must furnish a copy
of the registration | 21 |
| statement at the time of appointment to the person who has
been | 22 |
| granted the right to sell alcoholic liquor at wholesale. | 23 |
| However, if a
person who has been appointed the right to sell | 24 |
| alcoholic liquor at wholesale
does not receive a copy of the | 25 |
| registration statement as required under this
Section, such | 26 |
| person may file a registration statement with the State
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| Commission, provided that the person furnishes a copy of that | 2 |
| registration
statement to the manufacturer, non-resident | 3 |
| dealer, distributor, importing
distributor, or foreign | 4 |
| importer within 30 days of filing the registration
statement. | 5 |
| The registration statement shall state:
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| (1) the name of the person appointed;
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| (2) the name of the manufacturer, non-resident dealer, | 8 |
| distributor,
importing distributor, or foreign importer from | 9 |
| whom the person received the
right to sell alcoholic liquor;
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| (3) the particular trade mark, brand, or name of alcoholic | 11 |
| liquor
as
to
which the right to sell at wholesale is granted; | 12 |
| and
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| (4) the geographical areas for which the right to sell at
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| wholesale
is
granted.
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| Such manufacturer, non-resident dealer, distributor, | 16 |
| importing distributor,
or
foreign
importer may grant the right | 17 |
| to sell at wholesale any trade mark, brand ,
or name of any | 18 |
| alcoholic liquor in any geographical area to more than
one | 19 |
| person. If the registration is received after the effective | 20 |
| date, the
State Commission shall treat the date the | 21 |
| registration was received in the Chicago
office as the | 22 |
| effective
date. Such registration shall be made on a form | 23 |
| prescribed by the
State Commission and the State Commission may | 24 |
| require such registration
to be on a form provided by it.
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| A non-resident dealer or foreign importer who is not a | 26 |
| manufacturer shall file the registration statement jointly |
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| with the manufacturer identifying the person authorized by the | 2 |
| manufacturer to sign the registration statement on behalf of | 3 |
| the manufacturer. | 4 |
| No such registration shall be made
in any other manner than | 5 |
| as is provided in this
Section and only those persons | 6 |
| registered by the manufacturer, non-resident
dealer, | 7 |
| distributor, importing distributor , or foreign importer, shall | 8 |
| have
the right to sell at wholesale in this State, the brand of | 9 |
| alcoholic liquor
specified on the registration form. | 10 |
| However, a licensed Illinois distributor who has not been | 11 |
| registered to
sell a brand of alcoholic liquor, but for a | 12 |
| period of 2 years prior
to
November 8, 1979 has been engaged in | 13 |
| the purchase of a brand for resale
from a licensed Illinois | 14 |
| distributor who has the right to sell that brand
at wholesale, | 15 |
| may continue to purchase and resell the brand at wholesale,
and | 16 |
| may purchase from the same distributor and resell at wholesale | 17 |
| any
new brands of the same manufacturer, provided that:
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| (1) Within 60 days after November 8, 1979 he identifies | 19 |
| the brand which
he so purchased to the State Commission and | 20 |
| the Commission within 30 days
thereafter verifies that the | 21 |
| purchases have occurred;
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| (2) Thereafter, he notifies the State Commission in | 23 |
| writing of any brands
of the same manufacturer which he | 24 |
| wishes to purchase from the same distributor
that were not | 25 |
| available for distribution on or before November 8, 1979,
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| and that the Commission within 30 days of such notification |
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| verifies
that the brand is a new brand of the same | 2 |
| manufacturer, and that the same
licensed Illinois | 3 |
| distributor has the right to sell the new brand at | 4 |
| wholesale;
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| (3) His or her licensed business address is within the | 6 |
| geographical area for
which the licensed Illinois | 7 |
| distributor from whom the purchases are made
has the right | 8 |
| to sell said brand or brands of alcoholic liquor; and
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| (4) His or her sales are made within the geographical | 10 |
| area for which the licensed
Illinois distributor from whom | 11 |
| the purchases are made has the right to sell
the brand or | 12 |
| brands of alcoholic liquor and only to retail licensees | 13 |
| whose
licensed premises are located within the | 14 |
| aforementioned geographical area.
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| No person to whom such right is granted shall sell at | 16 |
| wholesale in
this State any alcoholic liquor bearing such trade | 17 |
| mark, brand or name
outside of the geographical area for which | 18 |
| such person holds such
selling right, as registered with the | 19 |
| State Commission, nor shall he
sell such alcoholic liquor | 20 |
| within such geographical area to a retail
licensee if the | 21 |
| premises specified in such retailer's license are
located | 22 |
| outside such geographical area.
Any licensed Illinois | 23 |
| distributor who has not been granted the right to sell
any | 24 |
| alcoholic liquor at wholesale and is purchasing alcoholic | 25 |
| liquor from a
person who has been granted the right to sell at | 26 |
| wholesale may sell and deliver
only to retail licensees whose |
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| licensed premises are within the same
geographical area as the | 2 |
| person who has been granted the right to sell at
wholesale.
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| No manufacturer, importing distributor, distributor, | 4 |
| non-resident dealer,
or foreign
importer shall sell or deliver | 5 |
| any package containing alcoholic liquor
manufactured or | 6 |
| distributed by him for resale, unless the person to whom
such | 7 |
| package is sold or delivered is authorized to receive such | 8 |
| package
in accordance with the provisions of this Act.
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| A manufacturer, non-resident dealer, distributor, | 10 |
| importing distributor, or foreign importer who owns or controls | 11 |
| a trademark, brand, or name of a beer may amend or withdraw the | 12 |
| registration for the beer, if he or she notifies, at least 30 | 13 |
| days prior to the effective date of the amendment or | 14 |
| withdrawal, any person to whom the manufacturer, non-resident | 15 |
| dealer, distributor, importing distributor, or foreign | 16 |
| importer has granted the right to sell the beer at wholesale of | 17 |
| the specific trademark, brand, or name and the geographical | 18 |
| area or areas for which the person's right is being amended or | 19 |
| withdrawn. In the case of a discontinued brand, a manufacturer, | 20 |
| non-resident dealer, distributor, importing distributor, or | 21 |
| foreign importer who owns or controls a trademark, brand, or | 22 |
| name of a beer may amend or withdraw the registration for the | 23 |
| beer without giving prior notification. Upon the written | 24 |
| request of all the affected parties, the 30-day notification | 25 |
| requirement may be waived by the State Commission. | 26 |
| Nothing in this Section shall be deemed to modify the |
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| provisions of the Beer Industry Fair Dealing Act. | 2 |
| (Source: P.A. 96-482, eff. 8-14-09.)
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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