Full Text of HB4069 102nd General Assembly
HB4069 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4069 Introduced 4/23/2021, by Rep. Charles Meier SYNOPSIS AS INTRODUCED: |
| 235 ILCS 5/5-1 | from Ch. 43, par. 115 | 235 ILCS 5/6-9.2 new | |
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Amends the Liquor Control Act of 1934. Provides that if an on-premises retail licensee's stock of a certain type of alcoholic liquor product is exhausted, that product is a spirit, and the delivery of that product is not within the distributor's delivery schedule, the on-premises retail licensee may make emergency purchases of not more than 6 liters of that type of product for resale from an off-premises retail licensee per month. Provides that the on-premises retail licensee shall pay an annual registration fee of $25 to the State Commission, which shall be a waiver of any penalty, fine, or fee that would otherwise be incurred if a retail licensee purchased alcoholic liquor products from another retail licensee. Provides recordkeeping requirements. Makes a conforming change.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning liquor.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Section 5-1 and by adding Section 6-9.2 as follows: | 6 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | 7 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control | 8 | | Commission
shall be of the following classes: | 9 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 10 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 11 | | Manufacturer, Class 5. Second Class Wine Manufacturer, Class | 12 | | 6. First Class Winemaker, Class 7. Second Class Winemaker, | 13 | | Class 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, | 14 | | Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft | 15 | | Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer, | 16 | | (b) Distributor's license, | 17 | | (c) Importing Distributor's license, | 18 | | (d) Retailer's license, | 19 | | (e) Special Event Retailer's license (not-for-profit), | 20 | | (f) Railroad license, | 21 | | (g) Boat license, | 22 | | (h) Non-Beverage User's license, | 23 | | (i) Wine-maker's premises license, |
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| 1 | | (j) Airplane license, | 2 | | (k) Foreign importer's license, | 3 | | (l) Broker's license, | 4 | | (m) Non-resident dealer's
license, | 5 | | (n) Brew Pub license, | 6 | | (o) Auction liquor license, | 7 | | (p) Caterer retailer license, | 8 | | (q) Special use permit license, | 9 | | (r) Winery shipper's license, | 10 | | (s) Craft distiller tasting permit, | 11 | | (t) Brewer warehouse permit, | 12 | | (u) Distilling pub license, | 13 | | (v) Craft distiller warehouse permit. | 14 | | No
person, firm, partnership, corporation, or other legal | 15 | | business entity that is
engaged in the manufacturing of wine | 16 | | may concurrently obtain and hold a
wine-maker's license and a | 17 | | wine manufacturer's license. | 18 | | (a) A manufacturer's license shall allow the manufacture,
| 19 | | importation in bulk, storage, distribution and sale of | 20 | | alcoholic liquor
to persons without the State, as may be | 21 | | permitted by law and to licensees
in this State as follows: | 22 | | Class 1. A Distiller may make sales and deliveries of | 23 | | alcoholic liquor to
distillers, rectifiers, importing | 24 | | distributors, distributors and
non-beverage users and to no | 25 | | other licensees. | 26 | | Class 2. A Rectifier, who is not a distiller, as defined |
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| 1 | | herein, may make
sales and deliveries of alcoholic liquor to | 2 | | rectifiers, importing distributors,
distributors, retailers | 3 | | and non-beverage users and to no other licensees. | 4 | | Class 3. A Brewer may make sales and deliveries of beer to | 5 | | importing
distributors and distributors and may make sales as | 6 | | authorized under subsection (e) of Section 6-4 of this Act. | 7 | | Class 4. A first class wine-manufacturer may make sales | 8 | | and deliveries of
up to 50,000 gallons of wine to | 9 | | manufacturers,
importing
distributors and distributors, and to | 10 | | no other licensees. | 11 | | Class 5. A second class Wine manufacturer may make sales | 12 | | and deliveries
of more than 50,000 gallons of wine to | 13 | | manufacturers, importing distributors
and distributors and to | 14 | | no other licensees. | 15 | | Class 6. A first-class wine-maker's license shall allow | 16 | | the manufacture
of up to 50,000 gallons of wine per year, and | 17 | | the
storage
and sale of such
wine to distributors in the State | 18 | | and to persons without the
State, as may be permitted by law. A | 19 | | person who, prior to June 1, 2008 (the effective date of Public | 20 | | Act 95-634), is a holder of a first-class wine-maker's license | 21 | | and annually produces more than 25,000 gallons of its own wine | 22 | | and who distributes its wine to licensed retailers shall cease | 23 | | this practice on or before July 1, 2008 in compliance with | 24 | | Public Act 95-634. | 25 | | Class 7. A second-class wine-maker's license shall allow | 26 | | the manufacture
of between 50,000 and 150,000 gallons of wine |
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| 1 | | per year, and
the
storage and sale of such wine
to distributors | 2 | | in this State and to persons without the State, as may be
| 3 | | permitted by law. A person who, prior to June 1, 2008 (the | 4 | | effective date of Public Act 95-634), is a holder of a | 5 | | second-class wine-maker's license and annually produces more | 6 | | than 25,000 gallons of its own wine and who distributes its | 7 | | wine to licensed retailers shall cease this practice on or | 8 | | before July 1, 2008 in compliance with Public Act 95-634. | 9 | | Class 8. A limited wine-manufacturer may make sales and | 10 | | deliveries not to
exceed 40,000 gallons of wine per year to | 11 | | distributors, and to
non-licensees in accordance with the | 12 | | provisions of this Act. | 13 | | Class 9. A craft distiller license, which may only be held | 14 | | by a class 1 craft distiller licensee or class 2 craft | 15 | | distiller licensee but not held by both a class 1 craft | 16 | | distiller licensee and a class 2 craft distiller licensee, | 17 | | shall grant all rights conveyed by either: (i) a class 1 craft | 18 | | distiller license if the craft distiller holds a class 1 craft | 19 | | distiller license; or (ii) a class 2 craft distiller licensee | 20 | | if the craft distiller holds a class 2 craft distiller | 21 | | license. | 22 | | Class 10. A class 1 craft distiller license, which may | 23 | | only be issued to a licensed craft distiller or licensed | 24 | | non-resident dealer, shall allow the manufacture of up to | 25 | | 50,000 gallons of spirits per year provided that the class 1 | 26 | | craft distiller licensee does not manufacture more than a |
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| 1 | | combined 50,000 gallons of spirits per year and is not a member | 2 | | of or affiliated with, directly or indirectly, a manufacturer | 3 | | that produces more than 50,000 gallons of spirits per year or | 4 | | any other alcoholic liquor. A class 1 craft distiller licensee | 5 | | may make sales and deliveries to importing distributors and | 6 | | distributors and to retail licensees in accordance with the | 7 | | conditions set forth in paragraph (19) of subsection (a) of | 8 | | Section 3-12 of this Act. However, the aggregate amount of | 9 | | spirits sold to non-licensees and sold or delivered to retail | 10 | | licensees may not exceed 5,000 gallons per year. | 11 | | A class 1 craft distiller licensee may sell up to 5,000 | 12 | | gallons of such spirits to non-licensees to the extent | 13 | | permitted by any exemption approved by the State Commission | 14 | | pursuant to Section 6-4 of this Act. A class 1 craft distiller | 15 | | license holder may store such spirits at a non-contiguous | 16 | | licensed location, but at no time shall a class 1 craft | 17 | | distiller license holder directly or indirectly produce in the | 18 | | aggregate more than 50,000 gallons of spirits per year. | 19 | | A class 1 craft distiller licensee may hold more than one | 20 | | class 1 craft distiller's license. However, a class 1 craft | 21 | | distiller that holds more than one class 1 craft distiller | 22 | | license shall not manufacture, in the aggregate, more than | 23 | | 50,000 gallons of spirits by distillation per year and shall | 24 | | not sell, in the aggregate, more than 5,000 gallons of such | 25 | | spirits to non-licensees in accordance with an exemption | 26 | | approved by the State Commission pursuant to Section 6-4 of |
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| 1 | | this Act. | 2 | | Class 11. A class 2 craft distiller license, which may | 3 | | only be issued to a licensed craft distiller or licensed | 4 | | non-resident dealer, shall allow the manufacture of up to | 5 | | 100,000 gallons of spirits per year provided that the class 2 | 6 | | craft distiller licensee does not manufacture more than a | 7 | | combined 100,000 gallons of spirits per year and is not a | 8 | | member of or affiliated with, directly or indirectly, a | 9 | | manufacturer that produces more than 100,000 gallons of | 10 | | spirits per year or any other alcoholic liquor. A class 2 craft | 11 | | distiller licensee may make sales and deliveries to importing | 12 | | distributors and distributors, but shall not make sales or | 13 | | deliveries to any other licensee. If the State Commission | 14 | | provides prior approval, a class 2 craft distiller licensee | 15 | | may annually transfer up to 100,000 gallons of spirits | 16 | | manufactured by that class 2 craft distiller licensee to the | 17 | | premises of a licensed class 2 craft distiller wholly owned | 18 | | and operated by the same licensee. A class 2 craft distiller | 19 | | may transfer spirits to a distilling pub wholly owned and | 20 | | operated by the class 2 craft distiller subject to the | 21 | | following limitations and restrictions: (i) the transfer shall | 22 | | not annually exceed more than 5,000 gallons; (ii) the annual | 23 | | amount transferred shall reduce the distilling pub's annual | 24 | | permitted production limit; (iii) all spirits transferred | 25 | | shall be subject to Article VIII of this Act; (iv) a written | 26 | | record shall be maintained by the distiller and distilling pub |
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| 1 | | specifying the amount, date of delivery, and receipt of the | 2 | | product by the distilling pub; and (v) the distilling pub | 3 | | shall be located no farther than 80 miles from the class 2 | 4 | | craft distiller's licensed location. | 5 | | A class 2 craft distiller shall, prior to transferring | 6 | | spirits to a distilling pub wholly owned by the class 2 craft | 7 | | distiller, furnish a written notice to the State Commission of | 8 | | intent to transfer spirits setting forth the name and address | 9 | | of the distilling pub and shall annually submit to the State | 10 | | Commission a verified report identifying the total gallons of | 11 | | spirits transferred to the distilling pub wholly owned by the | 12 | | class 2 craft distiller. | 13 | | A class 2 craft distiller license holder may store such | 14 | | spirits at a non-contiguous licensed location, but at no time | 15 | | shall a class 2 craft distiller license holder directly or | 16 | | indirectly produce in the aggregate more than 100,000 gallons | 17 | | of spirits per year. | 18 | | Class 12. A class 1 brewer license, which may only be | 19 | | issued to a licensed brewer or licensed non-resident dealer, | 20 | | shall allow the manufacture of up to 930,000 gallons of beer | 21 | | per year provided that the class 1 brewer licensee does not | 22 | | manufacture more than a combined 930,000 gallons of beer per | 23 | | year and is not a member of or affiliated with, directly or | 24 | | indirectly, a manufacturer that produces more than 930,000 | 25 | | gallons of beer per year or any other alcoholic liquor. A class | 26 | | 1 brewer licensee may make sales and deliveries to importing |
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| 1 | | distributors and distributors and to retail licensees in | 2 | | accordance with the conditions set forth in paragraph (18) of | 3 | | subsection (a) of Section 3-12 of this Act. If the State | 4 | | Commission provides prior approval, a class 1 brewer may | 5 | | annually transfer up to 930,000 gallons of beer manufactured | 6 | | by that class 1 brewer to the premises of a licensed class 1 | 7 | | brewer wholly owned and operated by the same licensee. | 8 | | Class 13. A class 2 brewer license, which may only be | 9 | | issued to a licensed brewer or licensed non-resident dealer, | 10 | | shall allow the manufacture of up to 3,720,000 gallons of beer | 11 | | per year provided that the class 2 brewer licensee does not | 12 | | manufacture more than a combined 3,720,000 gallons of beer per | 13 | | year and is not a member of or affiliated with, directly or | 14 | | indirectly, a manufacturer that produces more than 3,720,000 | 15 | | gallons of beer per year or any other alcoholic liquor. A class | 16 | | 2 brewer licensee may make sales and deliveries to importing | 17 | | distributors and distributors, but shall not make sales or | 18 | | deliveries to any other licensee. If the State Commission | 19 | | provides prior approval, a class 2 brewer licensee may | 20 | | annually transfer up to 3,720,000 gallons of beer manufactured | 21 | | by that class 2 brewer licensee to the premises of a licensed | 22 | | class 2 brewer wholly owned and operated by the same licensee. | 23 | | A class 2 brewer may transfer beer to a brew pub wholly | 24 | | owned and operated by the class 2 brewer subject to the | 25 | | following limitations and restrictions: (i) the transfer shall | 26 | | not annually exceed more than 31,000 gallons; (ii) the annual |
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| 1 | | amount transferred shall reduce the brew pub's annual | 2 | | permitted production limit; (iii) all beer transferred shall | 3 | | be subject to Article VIII of this Act; (iv) a written record | 4 | | shall be maintained by the brewer and brew pub specifying the | 5 | | amount, date of delivery, and receipt of the product by the | 6 | | brew pub; and (v) the brew pub shall be located no farther than | 7 | | 80 miles from the class 2 brewer's licensed location. | 8 | | A class 2 brewer shall, prior to transferring beer to a | 9 | | brew pub wholly owned by the class 2 brewer, furnish a written | 10 | | notice to the State Commission of intent to transfer beer | 11 | | setting forth the name and address of the brew pub and shall | 12 | | annually submit to the State Commission a verified report | 13 | | identifying the total gallons of beer transferred to the brew | 14 | | pub wholly owned by the class 2 brewer. | 15 | | (a-1) A manufacturer which is licensed in this State to | 16 | | make sales or
deliveries of alcoholic liquor to licensed | 17 | | distributors or importing distributors and which enlists | 18 | | agents, representatives, or
individuals acting on its behalf | 19 | | who contact licensed retailers on a regular
and continual | 20 | | basis in this State must register those agents, | 21 | | representatives,
or persons acting on its behalf with the | 22 | | State Commission. | 23 | | Registration of agents, representatives, or persons acting | 24 | | on behalf of a
manufacturer is fulfilled by submitting a form | 25 | | to the Commission. The form
shall be developed by the | 26 | | Commission and shall include the name and address of
the |
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| 1 | | applicant, the name and address of the manufacturer he or she | 2 | | represents,
the territory or areas assigned to sell to or | 3 | | discuss pricing terms of
alcoholic liquor, and any other | 4 | | questions deemed appropriate and necessary.
All statements in | 5 | | the forms required to be made by law or by rule shall be
deemed | 6 | | material, and any person who knowingly misstates any material | 7 | | fact under
oath in an application is guilty of a Class B | 8 | | misdemeanor. Fraud,
misrepresentation, false statements, | 9 | | misleading statements, evasions, or
suppression of material | 10 | | facts in the securing of a registration are grounds for
| 11 | | suspension or revocation of the registration. The State | 12 | | Commission shall post a list of registered agents on the | 13 | | Commission's website. | 14 | | (b) A distributor's license shall allow (i) the wholesale | 15 | | purchase and storage
of alcoholic liquors and sale of | 16 | | alcoholic liquors to licensees in this State and to persons | 17 | | without the State, as may be permitted by law; (ii) the sale of | 18 | | beer, cider, or both beer and cider to brewers, class 1 | 19 | | brewers, and class 2 brewers that, pursuant to subsection (e) | 20 | | of Section 6-4 of this Act, sell beer, cider, or both beer and | 21 | | cider to non-licensees at their breweries; and (iii) the sale | 22 | | of vermouth to class 1 craft distillers and class 2 craft | 23 | | distillers that, pursuant to subsection (e) of Section 6-4 of | 24 | | this Act, sell spirits, vermouth, or both spirits and vermouth | 25 | | to non-licensees at their distilleries. No person licensed as | 26 | | a distributor shall be granted a non-resident dealer's |
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| 1 | | license. | 2 | | (c) An importing distributor's license may be issued to | 3 | | and held by
those only who are duly licensed distributors, | 4 | | upon the filing of an
application by a duly licensed | 5 | | distributor, with the Commission and
the Commission shall, | 6 | | without the
payment of any fee, immediately issue such | 7 | | importing distributor's
license to the applicant, which shall | 8 | | allow the importation of alcoholic
liquor by the licensee into | 9 | | this State from any point in the United
States outside this | 10 | | State, and the purchase of alcoholic liquor in
barrels, casks | 11 | | or other bulk containers and the bottling of such
alcoholic | 12 | | liquors before resale thereof, but all bottles or containers
| 13 | | so filled shall be sealed, labeled, stamped and otherwise made | 14 | | to comply
with all provisions, rules and regulations governing | 15 | | manufacturers in
the preparation and bottling of alcoholic | 16 | | liquors. The importing
distributor's license shall permit such | 17 | | licensee to purchase alcoholic
liquor from Illinois licensed | 18 | | non-resident dealers and foreign importers only. No person | 19 | | licensed as an importing distributor shall be granted a | 20 | | non-resident dealer's license. | 21 | | (d) A retailer's license shall allow the licensee to sell | 22 | | and offer
for sale at retail, only in the premises specified in | 23 | | the license,
alcoholic liquor for use or consumption, but not | 24 | | for resale in any form except as provided in Section 6-9.2 . | 25 | | Nothing in Public Act 95-634 shall deny, limit, remove, or | 26 | | restrict the ability of a holder of a retailer's license to |
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| 1 | | transfer, deliver, or ship alcoholic liquor to the purchaser | 2 | | for use or consumption subject to any applicable local law or | 3 | | ordinance. Any retail license issued to a manufacturer shall | 4 | | only
permit the manufacturer to sell beer at retail on the | 5 | | premises actually
occupied by the manufacturer. For the | 6 | | purpose of further describing the type of business conducted | 7 | | at a retail licensed premises, a retailer's licensee may be | 8 | | designated by the State Commission as (i) an on premise | 9 | | consumption retailer, (ii) an off premise sale retailer, or | 10 | | (iii) a combined on premise consumption and off premise sale | 11 | | retailer.
| 12 | | Notwithstanding any other provision of this subsection | 13 | | (d), a retail
licensee may sell alcoholic liquors to a special | 14 | | event retailer licensee for
resale to the extent permitted | 15 | | under subsection (e). | 16 | | (e) A special event retailer's license (not-for-profit) | 17 | | shall permit the
licensee to purchase alcoholic liquors from | 18 | | an Illinois licensed distributor
(unless the licensee | 19 | | purchases less than $500 of alcoholic liquors for the
special | 20 | | event, in which case the licensee may purchase the alcoholic | 21 | | liquors
from a licensed retailer) and shall allow the licensee | 22 | | to sell and offer for
sale, at retail, alcoholic liquors for | 23 | | use or consumption, but not for resale
in any form and only at | 24 | | the location and on the specific dates designated for
the | 25 | | special event in the license. An applicant for a special event | 26 | | retailer
license must
(i) furnish with the application: (A) a |
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| 1 | | resale number issued under Section
2c of the Retailers' | 2 | | Occupation Tax Act or evidence that the applicant is
| 3 | | registered under Section 2a of the Retailers' Occupation Tax | 4 | | Act, (B) a
current, valid exemption identification
number | 5 | | issued under Section 1g of the Retailers' Occupation Tax Act, | 6 | | and a
certification to the Commission that the purchase of | 7 | | alcoholic liquors will be
a tax-exempt purchase, or (C) a | 8 | | statement that the applicant is not registered
under Section | 9 | | 2a of the Retailers' Occupation Tax Act, does not hold a resale
| 10 | | number under Section 2c of the Retailers' Occupation Tax Act, | 11 | | and does not
hold an exemption number under Section 1g of the | 12 | | Retailers' Occupation Tax
Act, in which event the Commission | 13 | | shall set forth on the special event
retailer's license a | 14 | | statement to that effect; (ii) submit with the application | 15 | | proof satisfactory to
the State Commission that the applicant | 16 | | will provide dram shop liability
insurance in the maximum | 17 | | limits; and (iii) show proof satisfactory to the
State | 18 | | Commission that the applicant has obtained local authority
| 19 | | approval. | 20 | | Nothing in this Act prohibits an Illinois licensed | 21 | | distributor from offering credit or a refund for unused, | 22 | | salable alcoholic liquors to a holder of a special event | 23 | | retailer's license or the special event retailer's licensee | 24 | | from accepting the credit or refund of alcoholic liquors at | 25 | | the conclusion of the event specified in the license. | 26 | | (f) A railroad license shall permit the licensee to import |
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| 1 | | alcoholic
liquors into this State from any point in the United | 2 | | States outside this
State and to store such alcoholic liquors | 3 | | in this State; to make wholesale
purchases of alcoholic | 4 | | liquors directly from manufacturers, foreign
importers, | 5 | | distributors and importing distributors from within or outside
| 6 | | this State; and to store such alcoholic liquors in this State; | 7 | | provided
that the above powers may be exercised only in | 8 | | connection with the
importation, purchase or storage of | 9 | | alcoholic liquors to be sold or
dispensed on a club, buffet, | 10 | | lounge or dining car operated on an electric,
gas or steam | 11 | | railway in this State; and provided further, that railroad
| 12 | | licensees exercising the above powers shall be subject to all | 13 | | provisions of
Article VIII of this Act as applied to importing | 14 | | distributors. A railroad
license shall also permit the | 15 | | licensee to sell or dispense alcoholic
liquors on any club, | 16 | | buffet, lounge or dining car operated on an electric,
gas or | 17 | | steam railway regularly operated by a common carrier in this | 18 | | State,
but shall not permit the sale for resale of any | 19 | | alcoholic liquors to any
licensee within this State. A license | 20 | | shall be obtained for each car in which
such sales are made. | 21 | | (g) A boat license shall allow the sale of alcoholic | 22 | | liquor in
individual drinks, on any passenger boat regularly | 23 | | operated as a common
carrier on navigable waters in this State | 24 | | or on any riverboat operated
under
the Illinois Gambling Act, | 25 | | which boat or riverboat maintains a public
dining room or | 26 | | restaurant thereon. |
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| 1 | | (h) A non-beverage user's license shall allow the licensee | 2 | | to
purchase alcoholic liquor from a licensed manufacturer or | 3 | | importing
distributor, without the imposition of any tax upon | 4 | | the business of such
licensed manufacturer or importing | 5 | | distributor as to such alcoholic
liquor to be used by such | 6 | | licensee solely for the non-beverage purposes
set forth in | 7 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 8 | | shall be divided and classified and shall permit the
purchase, | 9 | | possession and use of limited and stated quantities of
| 10 | | alcoholic liquor as follows: | 11 | | Class 1, not to exceed ......................... 500 gallons
| 12 | | Class 2, not to exceed ....................... 1,000 gallons
| 13 | | Class 3, not to exceed ....................... 5,000 gallons
| 14 | | Class 4, not to exceed ...................... 10,000 gallons
| 15 | | Class 5, not to exceed ....................... 50,000 gallons | 16 | | (i) A wine-maker's premises license shall allow a
licensee | 17 | | that concurrently holds a first-class wine-maker's license to | 18 | | sell
and offer for sale at retail in the premises specified in | 19 | | such license
not more than 50,000 gallons of the first-class | 20 | | wine-maker's wine that is
made at the first-class wine-maker's | 21 | | licensed premises per year for use or
consumption, but not for | 22 | | resale in any form. A wine-maker's premises
license shall | 23 | | allow a licensee who concurrently holds a second-class
| 24 | | wine-maker's license to sell and offer for sale at retail in | 25 | | the premises
specified in such license up to 100,000 gallons | 26 | | of the
second-class wine-maker's wine that is made at the |
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| 1 | | second-class wine-maker's
licensed premises per year
for use | 2 | | or consumption but not for resale in any form. A wine-maker's | 3 | | premises license shall allow a
licensee that concurrently | 4 | | holds a first-class wine-maker's license or a second-class
| 5 | | wine-maker's license to sell
and offer for sale at retail at | 6 | | the premises specified in the wine-maker's premises license, | 7 | | for use or consumption but not for resale in any form, any | 8 | | beer, wine, and spirits purchased from a licensed distributor. | 9 | | Upon approval from the
State Commission, a wine-maker's | 10 | | premises license
shall allow the licensee to sell and offer | 11 | | for sale at (i) the wine-maker's
licensed premises and (ii) at | 12 | | up to 2 additional locations for use and
consumption and not | 13 | | for resale. Each location shall require additional
licensing | 14 | | per location as specified in Section 5-3 of this Act. A | 15 | | wine-maker's premises licensee shall
secure liquor liability | 16 | | insurance coverage in an amount at
least equal to the maximum | 17 | | liability amounts set forth in
subsection (a) of Section 6-21 | 18 | | of this Act.
| 19 | | (j) An airplane license shall permit the licensee to | 20 | | import
alcoholic liquors into this State from any point in the | 21 | | United States
outside this State and to store such alcoholic | 22 | | liquors in this State; to
make wholesale purchases of | 23 | | alcoholic liquors directly from
manufacturers, foreign | 24 | | importers, distributors and importing
distributors from within | 25 | | or outside this State; and to store such
alcoholic liquors in | 26 | | this State; provided that the above powers may be
exercised |
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| 1 | | only in connection with the importation, purchase or storage
| 2 | | of alcoholic liquors to be sold or dispensed on an airplane; | 3 | | and
provided further, that airplane licensees exercising the | 4 | | above powers
shall be subject to all provisions of Article | 5 | | VIII of this Act as
applied to importing distributors. An | 6 | | airplane licensee shall also
permit the sale or dispensing of | 7 | | alcoholic liquors on any passenger
airplane regularly operated | 8 | | by a common carrier in this State, but shall
not permit the | 9 | | sale for resale of any alcoholic liquors to any licensee
| 10 | | within this State. A single airplane license shall be required | 11 | | of an
airline company if liquor service is provided on board | 12 | | aircraft in this
State. The annual fee for such license shall | 13 | | be as determined in
Section 5-3. | 14 | | (k) A foreign importer's license shall permit such | 15 | | licensee to purchase
alcoholic liquor from Illinois licensed | 16 | | non-resident dealers only, and to
import alcoholic liquor | 17 | | other than in bulk from any point outside the
United States and | 18 | | to sell such alcoholic liquor to Illinois licensed
importing | 19 | | distributors and to no one else in Illinois;
provided that (i) | 20 | | the foreign importer registers with the State Commission
every
| 21 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 22 | | licensees during the
license period, (ii) the foreign importer | 23 | | complies with all of the provisions
of Section
6-9 of this Act | 24 | | with respect to registration of such Illinois licensees as may
| 25 | | be granted the
right to sell such brands at wholesale, and | 26 | | (iii) the foreign importer complies with the provisions of |
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| 1 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 2 | | provisions apply to manufacturers. | 3 | | (l) (i) A broker's license shall be required of all | 4 | | persons
who solicit
orders for, offer to sell or offer to | 5 | | supply alcoholic liquor to
retailers in the State of Illinois, | 6 | | or who offer to retailers to ship or
cause to be shipped or to | 7 | | make contact with distillers, craft distillers, rectifiers,
| 8 | | brewers or manufacturers or any other party within or without | 9 | | the State
of Illinois in order that alcoholic liquors be | 10 | | shipped to a distributor,
importing distributor or foreign | 11 | | importer, whether such solicitation or
offer is consummated | 12 | | within or without the State of Illinois. | 13 | | No holder of a retailer's license issued by the Illinois | 14 | | Liquor
Control Commission shall purchase or receive any | 15 | | alcoholic liquor, the
order for which was solicited or offered | 16 | | for sale to such retailer by a
broker unless the broker is the | 17 | | holder of a valid broker's license. | 18 | | The broker shall, upon the acceptance by a retailer of the | 19 | | broker's
solicitation of an order or offer to sell or supply or | 20 | | deliver or have
delivered alcoholic liquors, promptly forward | 21 | | to the Illinois Liquor
Control Commission a notification of | 22 | | said transaction in such form as
the Commission may by | 23 | | regulations prescribe. | 24 | | (ii) A broker's license shall be required of
a person | 25 | | within this State, other than a retail licensee,
who, for a fee | 26 | | or commission, promotes, solicits, or accepts orders for
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| 1 | | alcoholic liquor, for use or consumption and not for
resale, | 2 | | to be shipped from this State and delivered to residents | 3 | | outside of
this State by an express company, common carrier, | 4 | | or contract carrier.
This Section does not apply to any person | 5 | | who promotes, solicits, or accepts
orders for wine as | 6 | | specifically authorized in Section 6-29 of this Act. | 7 | | A broker's license under this subsection (l)
shall not | 8 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 9 | | own account or to take or deliver title to
such alcoholic | 10 | | liquors. | 11 | | This subsection (l)
shall not apply to distributors, | 12 | | employees of
distributors, or employees of a manufacturer who | 13 | | has registered the
trademark, brand or name of the alcoholic | 14 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 15 | | sells such alcoholic liquor
in the State of Illinois only to | 16 | | its registrants thereunder. | 17 | | Any agent, representative, or person subject to | 18 | | registration pursuant to
subsection (a-1) of this Section | 19 | | shall not be eligible to receive a broker's
license. | 20 | | (m) A non-resident dealer's license shall permit such | 21 | | licensee to ship
into and warehouse alcoholic liquor into this | 22 | | State from any point
outside of this State, and to sell such | 23 | | alcoholic liquor to Illinois licensed
foreign importers and | 24 | | importing distributors and to no one else in this State;
| 25 | | provided that (i) said non-resident dealer shall register with | 26 | | the Illinois Liquor
Control Commission each and every brand of |
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| 1 | | alcoholic liquor which it proposes
to sell to Illinois | 2 | | licensees during the license period, (ii) it shall comply with | 3 | | all of the provisions of Section 6-9 hereof with
respect to | 4 | | registration of such Illinois licensees as may be granted the | 5 | | right
to sell such brands at wholesale by duly filing such | 6 | | registration statement, thereby authorizing the non-resident | 7 | | dealer to proceed to sell such brands at wholesale, and (iii) | 8 | | the non-resident dealer shall comply with the provisions of | 9 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 10 | | provisions apply to manufacturers. No person licensed as a | 11 | | non-resident dealer shall be granted a distributor's or | 12 | | importing distributor's license. | 13 | | (n) A brew pub license shall allow the licensee to only (i) | 14 | | manufacture up to 155,000 gallons of beer per year only
on the | 15 | | premises specified in the license, (ii) make sales of the
beer | 16 | | manufactured on the premises or, with the approval of the | 17 | | Commission, beer manufactured on another brew pub licensed | 18 | | premises that is wholly owned and operated by the same | 19 | | licensee to importing distributors, distributors,
and to | 20 | | non-licensees for use and consumption, (iii) store the beer | 21 | | upon
the premises, (iv) sell and offer for sale at retail from | 22 | | the licensed
premises for off-premises
consumption no more | 23 | | than 155,000 gallons per year so long as such sales are only | 24 | | made in-person, (v) sell and offer for sale at retail for use | 25 | | and consumption on the premises specified in the license any | 26 | | form of alcoholic liquor purchased from a licensed distributor |
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| 1 | | or importing distributor, (vi) with the prior approval of the | 2 | | Commission, annually transfer no more than 155,000 gallons of | 3 | | beer manufactured on the premises to a licensed brew pub | 4 | | wholly owned and operated by the same licensee, and (vii) | 5 | | notwithstanding item (i) of this subsection, brew pubs wholly | 6 | | owned and operated by the same licensee may combine each | 7 | | location's production limit of 155,000 gallons of beer per | 8 | | year and allocate the aggregate total between the wholly | 9 | | owned, operated, and licensed locations. | 10 | | A brew pub licensee shall not under any circumstance sell | 11 | | or offer for sale beer manufactured by the brew pub licensee to | 12 | | retail licensees. | 13 | | A person who holds a class 2 brewer license may | 14 | | simultaneously hold a brew pub license if the class 2 brewer | 15 | | (i) does not, under any circumstance, sell or offer for sale | 16 | | beer manufactured by the class 2 brewer to retail licensees; | 17 | | (ii) does not hold more than 3 brew pub licenses in this State; | 18 | | (iii) does not manufacture more than a combined 3,720,000 | 19 | | gallons of beer per year, including the beer manufactured at | 20 | | the brew pub; and (iv) is not a member of or affiliated with, | 21 | | directly or indirectly, a manufacturer that produces more than | 22 | | 3,720,000 gallons of beer per year or any other alcoholic | 23 | | liquor. | 24 | | Notwithstanding any other provision of this Act, a | 25 | | licensed brewer, class 2 brewer, or non-resident dealer who | 26 | | before July 1, 2015 manufactured less than 3,720,000 gallons |
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| 1 | | of beer per year and held a brew pub license on or before July | 2 | | 1, 2015 may (i) continue to qualify for and hold that brew pub | 3 | | license for the licensed premises and (ii) manufacture more | 4 | | than 3,720,000 gallons of beer per year and continue to | 5 | | qualify for and hold that brew pub license if that brewer, | 6 | | class 2 brewer, or non-resident dealer does not simultaneously | 7 | | hold a class 1 brewer license and is not a member of or | 8 | | affiliated with, directly or indirectly, a manufacturer that | 9 | | produces more than 3,720,000 gallons of beer per year or that | 10 | | produces any other alcoholic liquor. | 11 | | (o) A caterer retailer license shall allow the holder
to | 12 | | serve alcoholic liquors as an incidental part of a food | 13 | | service that serves
prepared meals which excludes the serving | 14 | | of snacks as
the primary meal, either on or off-site whether | 15 | | licensed or unlicensed. A caterer retailer license shall allow | 16 | | the holder, a distributor, or an importing distributor to | 17 | | transfer any inventory to and from the holder's retail | 18 | | premises and shall allow the holder to purchase alcoholic | 19 | | liquor from a distributor or importing distributor to be | 20 | | delivered directly to an off-site event. | 21 | | Nothing in this Act prohibits a distributor or importing | 22 | | distributor from offering credit or a refund for unused, | 23 | | salable beer to a holder of a caterer retailer license or a | 24 | | caterer retailer licensee from accepting a credit or refund | 25 | | for unused, salable beer, in the event an act of God is the | 26 | | sole reason an off-site event is cancelled and if: (i) the |
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| 1 | | holder of a caterer retailer license has not transferred | 2 | | alcoholic liquor from its caterer retailer premises to an | 3 | | off-site location; (ii) the distributor or importing | 4 | | distributor offers the credit or refund for the unused, | 5 | | salable beer that it delivered to the off-site premises and | 6 | | not for any unused, salable beer that the distributor or | 7 | | importing distributor delivered to the caterer retailer's | 8 | | premises; and (iii) the unused, salable beer would likely | 9 | | spoil if transferred to the caterer retailer's premises. A | 10 | | caterer retailer license shall allow the holder to transfer | 11 | | any inventory from any off-site location to its caterer | 12 | | retailer premises at the conclusion of an off-site event or | 13 | | engage a distributor or importing distributor to transfer any | 14 | | inventory from any off-site location to its caterer retailer | 15 | | premises at the conclusion of an off-site event, provided that | 16 | | the distributor or importing distributor issues bona fide | 17 | | charges to the caterer retailer licensee for fuel, labor, and | 18 | | delivery and the distributor or importing distributor collects | 19 | | payment from the caterer retailer licensee prior to the | 20 | | distributor or importing distributor transferring inventory to | 21 | | the caterer retailer premises. | 22 | | For purposes of this subsection (o), an "act of God" means | 23 | | an unforeseeable event, such as a rain or snow storm, hail, a | 24 | | flood, or a similar event, that is the sole cause of the | 25 | | cancellation of an off-site, outdoor event. | 26 | | (p) An auction liquor license shall allow the licensee to |
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| 1 | | sell and offer
for sale at auction wine and spirits for use or | 2 | | consumption, or for resale by
an Illinois liquor licensee in | 3 | | accordance with provisions of this Act. An
auction liquor | 4 | | license will be issued to a person and it will permit the
| 5 | | auction liquor licensee to hold the auction anywhere in the | 6 | | State. An auction
liquor license must be obtained for each | 7 | | auction at least 14 days in advance of
the auction date. | 8 | | (q) A special use permit license shall allow an Illinois | 9 | | licensed
retailer to transfer a portion of its alcoholic | 10 | | liquor inventory from its
retail licensed premises to the | 11 | | premises specified in the license hereby
created; to purchase | 12 | | alcoholic liquor from a distributor or importing distributor | 13 | | to be delivered directly to the location specified in the | 14 | | license hereby created; and to sell or offer for sale at | 15 | | retail, only in the premises
specified in the license hereby | 16 | | created, the transferred or delivered alcoholic liquor for
use | 17 | | or consumption, but not for resale in any form. A special use | 18 | | permit
license may be granted for the following time periods: | 19 | | one day or less; 2 or
more days to a maximum of 15 days per | 20 | | location in any 12-month period. An
applicant for the special | 21 | | use permit license must also submit with the
application proof | 22 | | satisfactory to the State Commission that the applicant will
| 23 | | provide dram shop liability insurance to the maximum limits | 24 | | and have local
authority approval. | 25 | | A special use permit license shall allow the holder to | 26 | | transfer any inventory from the holder's special use premises |
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| 1 | | to its retail premises at the conclusion of the special use | 2 | | event or engage a distributor or importing distributor to | 3 | | transfer any inventory from the holder's special use premises | 4 | | to its retail premises at the conclusion of an off-site event, | 5 | | provided that the distributor or importing distributor issues | 6 | | bona fide charges to the special use permit licensee for fuel, | 7 | | labor, and delivery and the distributor or importing | 8 | | distributor collects payment from the retail licensee prior to | 9 | | the distributor or importing distributor transferring | 10 | | inventory to the retail premises. | 11 | | Nothing in this Act prohibits a distributor or importing | 12 | | distributor from offering credit or a refund for unused, | 13 | | salable beer to a special use permit licensee or a special use | 14 | | permit licensee from accepting a credit or refund for unused, | 15 | | salable beer at the conclusion of the event specified in the | 16 | | license if: (i) the holder of the special use permit license | 17 | | has not transferred alcoholic liquor from its retail licensed | 18 | | premises to the premises specified in the special use permit | 19 | | license; (ii) the distributor or importing distributor offers | 20 | | the credit or refund for the unused, salable beer that it | 21 | | delivered to the premises specified in the special use permit | 22 | | license and not for any unused, salable beer that the | 23 | | distributor or importing distributor delivered to the | 24 | | retailer's premises; and (iii) the unused, salable beer would | 25 | | likely spoil if transferred to the retailer premises. | 26 | | (r) A winery shipper's license shall allow a person
with a |
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| 1 | | first-class or second-class wine manufacturer's
license, a | 2 | | first-class or second-class wine-maker's license,
or a limited | 3 | | wine manufacturer's license or who is licensed to
make wine | 4 | | under the laws of another state to ship wine
made by that | 5 | | licensee directly to a resident of this
State who is 21 years | 6 | | of age or older for that resident's
personal use and not for | 7 | | resale. Prior to receiving a
winery shipper's license, an | 8 | | applicant for the license must
provide the Commission with a | 9 | | true copy of its current
license in any state in which it is | 10 | | licensed as a manufacturer
of wine. An applicant for a winery | 11 | | shipper's license must
also complete an application form that | 12 | | provides any other
information the Commission deems necessary. | 13 | | The application form shall include all addresses from which | 14 | | the applicant for a winery shipper's license intends to ship | 15 | | wine, including the name and address of any third party, | 16 | | except for a common carrier, authorized to ship wine on behalf | 17 | | of the manufacturer. The
application form shall include an | 18 | | acknowledgement consenting
to the jurisdiction of the | 19 | | Commission, the Illinois
Department of Revenue, and the courts | 20 | | of this State concerning
the enforcement of this Act and any | 21 | | related laws, rules, and
regulations, including authorizing | 22 | | the Department of Revenue
and the Commission to conduct audits | 23 | | for the purpose of
ensuring compliance with Public Act 95-634, | 24 | | and an acknowledgement that the wine manufacturer is in | 25 | | compliance with Section 6-2 of this Act. Any third party, | 26 | | except for a common carrier, authorized to ship wine on behalf |
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| 1 | | of a first-class or second-class wine manufacturer's licensee, | 2 | | a first-class or second-class wine-maker's licensee, a limited | 3 | | wine manufacturer's licensee, or a person who is licensed to | 4 | | make wine under the laws of another state shall also be | 5 | | disclosed by the winery shipper's licensee, and a copy of the | 6 | | written appointment of the third-party wine provider, except | 7 | | for a common carrier, to the wine manufacturer shall be filed | 8 | | with the State Commission as a supplement to the winery | 9 | | shipper's license application or any renewal thereof. The | 10 | | winery shipper's license holder shall affirm under penalty of | 11 | | perjury, as part of the winery shipper's license application | 12 | | or renewal, that he or she only ships wine, either directly or | 13 | | indirectly through a third-party provider, from the licensee's | 14 | | own production. | 15 | | Except for a common carrier, a third-party provider | 16 | | shipping wine on behalf of a winery shipper's license holder | 17 | | is the agent of the winery shipper's license holder and, as | 18 | | such, a winery shipper's license holder is responsible for the | 19 | | acts and omissions of the third-party provider acting on | 20 | | behalf of the license holder. A third-party provider, except | 21 | | for a common carrier, that engages in shipping wine into | 22 | | Illinois on behalf of a winery shipper's license holder shall | 23 | | consent to the jurisdiction of the State Commission and the | 24 | | State. Any third-party, except for a common carrier, holding | 25 | | such an appointment shall, by February 1 of each calendar year | 26 | | and upon request by the State Commission or the Department of |
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| 1 | | Revenue, file with the State Commission a statement detailing | 2 | | each shipment made to an Illinois resident. The statement | 3 | | shall include the name and address of the third-party provider | 4 | | filing the statement, the time period covered by the | 5 | | statement, and the following information: | 6 | | (1) the name, address, and license number of the | 7 | | winery 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 Public Act 99-904 | 4 | | and shall adopt rules prohibiting any such third-party | 5 | | appointment of a third-party provider, except for a common | 6 | | carrier, that has been deemed by the State Commission to have | 7 | | violated the provisions of this Act with regard to any winery | 8 | | shipper licensee. | 9 | | A winery shipper licensee must pay to the Department
of | 10 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 11 | | all wine that is sold by the licensee and shipped to a person
| 12 | | in this State. For the purposes of Section 8-1, a winery
| 13 | | shipper licensee shall be taxed in the same manner as a
| 14 | | manufacturer of wine. A licensee who is not otherwise required | 15 | | to register under the Retailers' Occupation Tax Act must
| 16 | | register under the Use Tax Act to collect and remit use tax to
| 17 | | the Department of Revenue for all gallons of wine that are sold
| 18 | | by the licensee and shipped to persons in this State. If a
| 19 | | licensee fails to remit the tax imposed under this Act in
| 20 | | accordance with the provisions of Article VIII of this Act, | 21 | | the
winery shipper's license shall be revoked in accordance
| 22 | | with the provisions of Article VII of this Act. If a licensee
| 23 | | fails to properly register and remit tax under the Use Tax Act
| 24 | | or the Retailers' Occupation Tax Act for all wine that is sold
| 25 | | by the winery shipper and shipped to persons in this
State, the | 26 | | winery shipper's license shall be revoked in
accordance with |
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| 1 | | the provisions of Article VII of this Act. | 2 | | A winery shipper licensee must collect, maintain, and
| 3 | | submit to the Commission on a semi-annual basis the
total | 4 | | number of cases per resident of wine shipped to residents
of | 5 | | this State.
A winery shipper licensed under this subsection | 6 | | (r)
must comply with the requirements of Section 6-29 of this | 7 | | Act. | 8 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 9 | | Section 3-12, the State Commission may receive, respond to, | 10 | | and investigate any complaint and impose any of the remedies | 11 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 12 | | As used in this subsection, "third-party provider" means | 13 | | any entity that provides fulfillment house services, including | 14 | | warehousing, packaging, distribution, order processing, or | 15 | | shipment of wine, but not the sale of wine, on behalf of a | 16 | | licensed winery shipper. | 17 | | (s) A craft distiller tasting permit license shall allow | 18 | | an Illinois licensed class 1 craft distiller or class 2 craft | 19 | | distiller to transfer a portion of its alcoholic liquor | 20 | | inventory from its class 1 craft distiller or class 2 craft | 21 | | distiller licensed premises to the premises specified in the | 22 | | license hereby created and to conduct a sampling, only in the | 23 | | premises specified in the license hereby created, of the | 24 | | transferred alcoholic liquor in accordance with subsection (c) | 25 | | of Section 6-31 of this Act. The transferred alcoholic liquor | 26 | | may not be sold or resold in any form. An applicant for the |
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| 1 | | craft distiller tasting permit license must also submit with | 2 | | the application proof satisfactory to the State Commission | 3 | | that the applicant will provide dram shop liability insurance | 4 | | to the maximum limits and have local authority approval. | 5 | | (t) A brewer warehouse permit may be issued to the holder | 6 | | of a class 1 brewer license or a class 2 brewer license. If the | 7 | | holder of the permit is a class 1 brewer licensee, the brewer | 8 | | warehouse permit shall allow the holder to store or warehouse | 9 | | up to 930,000 gallons of tax-determined beer manufactured by | 10 | | the holder of the permit at the premises specified on the | 11 | | permit. If the holder of the permit is a class 2 brewer | 12 | | licensee, the brewer warehouse permit shall allow the holder | 13 | | to store or warehouse up to 3,720,000 gallons of | 14 | | tax-determined beer manufactured by the holder of the permit | 15 | | at the premises specified on the permit. Sales to | 16 | | non-licensees are prohibited at the premises specified in the | 17 | | brewer warehouse permit. | 18 | | (u) A distilling pub license shall allow the licensee to | 19 | | only (i) manufacture up to 5,000 gallons of spirits per year | 20 | | only on the premises specified in the license, (ii) make sales | 21 | | of the spirits manufactured on the premises or, with the | 22 | | approval of the State Commission, spirits manufactured on | 23 | | another distilling pub licensed premises that is wholly owned | 24 | | and operated by the same licensee to importing distributors | 25 | | and distributors and to non-licensees for use and consumption, | 26 | | (iii) store the spirits upon the premises, (iv) sell and offer |
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| 1 | | for sale at retail from the licensed premises for off-premises | 2 | | consumption no more than 5,000 gallons per year so long as such | 3 | | sales are only made in-person, (v) sell and offer for sale at | 4 | | retail for use and consumption on the premises specified in | 5 | | the license any form of alcoholic liquor purchased from a | 6 | | licensed distributor or importing distributor, and (vi) with | 7 | | the prior approval of the State Commission, annually transfer | 8 | | no more than 5,000 gallons of spirits manufactured on the | 9 | | premises to a licensed distilling pub wholly owned and | 10 | | operated by the same licensee. | 11 | | A distilling pub licensee shall not under any circumstance | 12 | | sell or offer for sale spirits manufactured by the distilling | 13 | | pub licensee to retail licensees. | 14 | | A person who holds a class 2 craft distiller license may | 15 | | simultaneously hold a distilling pub license if the class 2 | 16 | | craft distiller (i) does not, under any circumstance, sell or | 17 | | offer for sale spirits manufactured by the class 2 craft | 18 | | distiller to retail licensees; (ii) does not hold more than 3 | 19 | | distilling pub licenses in this State; (iii) does not | 20 | | manufacture more than a combined 100,000 gallons of spirits | 21 | | per year, including the spirits manufactured at the distilling | 22 | | pub; and (iv) is not a member of or affiliated with, directly | 23 | | or indirectly, a manufacturer that produces more than 100,000 | 24 | | gallons of spirits per year or any other alcoholic liquor. | 25 | | (v) A craft distiller warehouse permit may be issued to | 26 | | the holder of a class 1 craft distiller or class 2 craft |
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| 1 | | distiller license. The craft distiller warehouse permit shall | 2 | | allow the holder to store or warehouse up to 500,000 gallons of | 3 | | spirits manufactured by the holder of the permit at the | 4 | | premises specified on the permit. Sales to non-licensees are | 5 | | prohibited at the premises specified in the craft distiller | 6 | | warehouse permit. | 7 | | (Source: P.A. 100-17, eff. 6-30-17; 100-201, eff. 8-18-17; | 8 | | 100-816, eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff. | 9 | | 8-23-18; 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; 101-81, | 10 | | eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. 8-23-19; | 11 | | 101-615, eff. 12-20-19.) | 12 | | (235 ILCS 5/6-9.2 new) | 13 | | Sec. 6-9.2. Emergency purchase of alcoholic liquor | 14 | | products by a retail licensee. If an on-premises retail | 15 | | licensee's stock of a certain type of alcoholic liquor product | 16 | | is exhausted, that product is a spirit, and the delivery of | 17 | | that product is not within the distributor's delivery | 18 | | schedule, the on-premises retail licensee may make emergency | 19 | | purchases of not more than 6 liters of that type of product for | 20 | | resale from an off-premises retail licensee per month. The | 21 | | on-premises retail licensee shall pay an annual registration | 22 | | fee of $25 to the State Commission, which shall constitute a | 23 | | waiver of any penalty, fine, or fee that would otherwise be | 24 | | incurred if a retail licensee purchased alcoholic liquor | 25 | | products from another retail licensee. Purchases of alcoholic |
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| 1 | | liquor products authorized under this Section shall be
| 2 | | conducted in accordance with the following: | 3 | | (1) The off-premises retail licensee shall record on a | 4 | | form furnished by
the State Commission all of the | 5 | | following: | 6 | | (A) the name and signature of the on-premises | 7 | | retail licensee
making the purchase; | 8 | | (B) the date and time of the purchase; and | 9 | | (C) the on-premises retail licensee's Retailers' | 10 | | Occupation Tax Registration Number. | 11 | | (2) The on-premises retail licensee shall maintain the | 12 | | receipt from the sale and any related invoices for 90 | 13 | | days. | 14 | | (3) The on-premises retail licensee shall report the | 15 | | purchase of the alcoholic liquor products on its monthly | 16 | | sales tax report form. | 17 | | The form collected pursuant to paragraph (1) shall be | 18 | | provided to the State Commission within 30 days after the sale | 19 | | and shall
be maintained by the seller of the alcoholic liquor | 20 | | products for not
less than one year after the date of the sale. | 21 | | The form
shall be available upon request for the State | 22 | | Commission to inspect.
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