Full Text of HB6640 93rd General Assembly
HB6640 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6640
Introduced 02/09/04, by Lou Lang SYNOPSIS AS INTRODUCED: |
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815 ILCS 720/5 |
from Ch. 43, par. 305 |
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Amends the Beer Industry Fair Dealing Act. Deletes provisions that prohibit a brewer from presenting an agreement to a wholesaler requiring the wholesaler to arbitrate all
disputes without offering the wholesaler in writing the opportunity to reject
arbitration and elect to resolve all disputes by maintaining a civil suit in
accordance with the Act. Effective immediately.
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A BILL FOR
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HB6640 |
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LRB093 19005 LRD 44740 b |
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| AN ACT concerning alcoholic 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 Beer Industry Fair Dealing Act is amended by | 5 |
| changing Section 5 as follows:
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| (815 ILCS 720/5) (from Ch. 43, par. 305)
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| Sec. 5. Prohibited conduct. No brewer shall:
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| (1) Induce or coerce, or attempt to induce or coerce, | 9 |
| any wholesaler to
engage in any illegal act or
course of | 10 |
| conduct either by threatening to
amend, modify, cancel, | 11 |
| terminate, or refuse to renew any agreement existing
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| between the brewer and the wholesaler, or by any other | 13 |
| means.
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| (2) Require a wholesaler to assent to any unreasonable | 15 |
| requirement,
condition, understanding or term or an | 16 |
| agreement prohibiting a wholesaler
from selling the | 17 |
| product of any other brewer or brewers.
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| (3) Directly or indirectly fix or maintain
the price at | 19 |
| which a wholesaler may resell beer.
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| (4) Fail to provide to each wholesaler of its brands a | 21 |
| written contract
which embodies the brewer's agreement | 22 |
| with its wholesalers and conforms
to the provisions of this | 23 |
| Act.
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| (5) Require any wholesaler to accept delivery of any | 25 |
| beer, signs,
advertising materials, or any other
item or | 26 |
| commodity which has not been ordered by the wholesaler, or | 27 |
| require
any wholesaler to accept a common carrier for | 28 |
| delivery of beer into this State
unless the wholesaler | 29 |
| consents to the common carrier. In the event
a brewer | 30 |
| adopts a uniform practice of delivering beer into this | 31 |
| State to the
premises of all licensed wholesalers, the | 32 |
| brewer may select the common carrier
in this State.
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HB6640 |
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LRB093 19005 LRD 44740 b |
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| (6) Require a wholesaler without the wholesaler's | 2 |
| approval to
participate in an arrangement for the payment | 3 |
| or crediting by an electronic
fund transfer transaction for | 4 |
| any item or commodity other than beer or to
access a | 5 |
| wholesaler's account for any item or commodity other than | 6 |
| beer.
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| (7) Require a wholesaler to assent to any requirement
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| prohibiting the wholesaler from disposing, after notice to | 9 |
| the brewer,
of a product which has been deemed salvageable | 10 |
| by a local or State health
authority. Nothing herein shall | 11 |
| prohibit the brewer from having the first
right to purchase | 12 |
| the salvageable product from the wholesaler at a price
not | 13 |
| to exceed the original cost of the product or to | 14 |
| subsequently
repurchase the product from the insurance | 15 |
| company or salvage company.
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| (8) Refuse to approve or require a wholesaler to | 17 |
| terminate a manager
or successor manager without good | 18 |
| cause. A brewer has good cause only if
the person | 19 |
| designated as manager or successor manager by the | 20 |
| wholesaler
fails to meet reasonable standards and | 21 |
| qualifications.
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| (9) Present an agreement to a wholesaler that attempts | 23 |
| to waive
compliance with any provision of this Act or that | 24 |
| requires the wholesaler to
waive compliance with any | 25 |
| provision of this Act.
No brewer shall induce or coerce, or | 26 |
| attempt to induce or coerce, any
wholesaler to assent to | 27 |
| any agreement, amendment, renewal, or replacement
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| agreement that does not comply with this Act and
the laws | 29 |
| of this State.
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| (10) Terminate or attempt to terminate an agreement on | 31 |
| the basis that
the wholesaler refuses to purchase signs or | 32 |
| advertising materials or any
quantity or types thereof.
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| (11) Discriminate against a wholesaler who has entered | 34 |
| into a contract
relative to signs or advertising materials | 35 |
| by not making signs or advertising
materials or any | 36 |
| quantity or types thereof available to the wholesaler when |
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HB6640 |
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LRB093 19005 LRD 44740 b |
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brewer makes available such signs or advertising | 2 |
| materials to other similarly
situated wholesalers in this | 3 |
| State.
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| (12) (Blank).
Present an agreement requiring the | 5 |
| wholesaler to arbitrate all
disputes without offering the | 6 |
| wholesaler in writing the opportunity to reject
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| arbitration and elect to resolve all disputes by | 8 |
| maintaining a civil suit in
accordance with this Act.
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| No brewer who, pursuant to an agreement with a wholesaler | 10 |
| which does not
violate antitrust laws, has designated a sales | 11 |
| territory for which the
wholesaler is primarily responsible or | 12 |
| in which the wholesaler is required
to concentrate its efforts, | 13 |
| shall enter into an agreement with any other
wholesaler for the | 14 |
| purpose of establishing an additional wholesaler for the
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| brewer's brand or brands in all or part of the same territory.
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| No wholesaler who, pursuant to an agreement is granted a | 17 |
| sales territory
for which it shall be primarily responsible or | 18 |
| in which it is required to
concentrate its efforts, shall make | 19 |
| any sale or delivery of beer to any
retail licensee whose place | 20 |
| of business is not within the territory granted
to the | 21 |
| wholesaler.
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| (Source: P.A. 90-373, eff. 8-14-97; 91-247, eff. 7-22-99.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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