(235 ILCS 5/6-9) (from Ch. 43, par. 126)
Sec. 6-9.
Registration of trade marks; sale within geographical area;
delivery to authorized persons. The Legislature hereby finds and declares
that for purposes of
ensuring the preservation and enhancement of interbrand competition in
the alcoholic liquor industry within the State, ensuring that importation
and distribution of alcoholic liquor in the State will be subject to
thorough and inexpensive monitoring by the State, reducing the
importation of illicit or untaxed alcoholic liquor into the State,
excluding misbranded alcoholic liquor products from the State,
providing incentives to distributors to service and sell to larger
numbers of retail licensees in the geographic area where such
distributors are engaged in business, and reducing the amount of
spoiled and overaged alcoholic liquor products sold to consumers,
it is necessary to restrict the purchase of alcoholic liquors at
wholesale in the State to those persons selected by the manufacturer,
distributor, importing distributor or foreign importer who owns or
controls the trade mark, brand or name of the alcoholic liquor
products sold to such persons, and to restrict the geographic area
or areas within which such persons sell such alcoholic liquor at
wholesale, as provided in this Section.
Each manufacturer, non-resident dealer, distributor, importing distributor,
or
foreign importer who owns or controls the trade mark, brand or name of
any alcoholic liquor shall register with the State Commission, in the Chicago
office, on or before the effective date, the name
of each person to whom such manufacturer, non-resident dealer, distributor,
importing
distributor, or foreign importer grants the right to sell at wholesale
in this State any such alcoholic liquor, specifying the particular trade
mark, brand or name of alcoholic liquor as to which such right is
granted, the geographical area or areas for which such right is granted
and the period of time for which such rights are granted to such person.
Each manufacturer,
non-resident dealer, distributor or importing distributor, or foreign
importer who is required to register under this Section must furnish a copy
of the registration statement at the time of appointment to the person who has
been granted the right to sell alcoholic liquor at wholesale. However, if a
person who has been appointed the right to sell alcoholic liquor at wholesale
does not receive a copy of the registration statement as required under this
Section, such person may file a registration statement with the State
Commission, provided that the person furnishes a copy of that registration
statement to the manufacturer, non-resident dealer, distributor, importing
distributor, or foreign importer within 30 days of filing the registration
statement. The registration statement shall state:
(1) the name of the person appointed;
(2) the name of the manufacturer, non-resident dealer, distributor,
importing distributor, or foreign importer from whom the person received the
right to sell alcoholic liquor;
(3) the particular trade mark, brand, or name of alcoholic liquor
as
to
which the right to sell at wholesale is granted; and
(4) the geographical areas for which the right to sell at
wholesale
is
granted.
Such manufacturer, non-resident dealer, distributor, importing distributor,
or
foreign
importer may grant the right to sell at wholesale any trade mark, brand
or name of any alcoholic liquor in any geographical area to more than
one person. If the registration is received after the effective date, the
Commission shall treat the date the registration was received in the Chicago
office as the effective
date. Such registration shall be made on a form prescribed by the
State Commission and the State Commission may require such registration
to be on a form provided by it.
A non-resident dealer or foreign importer who is not a manufacturer shall file the registration statement jointly with the manufacturer identifying the person authorized by the manufacturer to sign the registration statement on behalf of the manufacturer. No such registration shall be made
in any other manner than as is provided in this
Section and only those persons registered by the manufacturer, non-resident
dealer, distributor, importing distributor or foreign importer, shall have
the right to sell at wholesale in this State, the brand of alcoholic liquor
specified on the registration form.
However, a licensed Illinois distributor who has not been registered to
sell a brand of alcoholic liquor, but for a period of 2 years prior
to
November 8, 1979 has been engaged in the purchase of a brand for resale
from a licensed Illinois distributor who has the right to sell that brand
at wholesale, may continue to purchase and resell the brand at wholesale,
and may purchase from the same distributor and resell at wholesale any
new brands of the same manufacturer, provided that:
(1) Within 60 days after November 8, 1979 he |
No person to whom such right is granted shall sell at wholesale in
this State any alcoholic liquor bearing such trade mark, brand or name
outside of the geographical area for which such person holds such
selling right, as registered with the State Commission, nor shall he
sell such alcoholic liquor within such geographical area to a retail
licensee if the premises specified in such retailer's license are
located outside such geographical area.
Any licensed Illinois distributor who has not been granted the right to sell
any alcoholic liquor at wholesale and is purchasing alcoholic liquor from a
person who has been granted the right to sell at wholesale may sell and deliver
only to retail licensees whose licensed premises are within the same
geographical area as the person who has been granted the right to sell at
wholesale.
No manufacturer, importing distributor, distributor, non-resident dealer,
or foreign
importer shall sell or deliver any package containing alcoholic liquor
manufactured or distributed by him for resale, unless the person to whom
such package is sold or delivered is authorized to receive such package
in accordance with the provisions of this Act.
(Source: P.A. 96-482, eff. 8-14-09.)
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