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90_HB2700enr
235 ILCS 5/1-3.28 from Ch. 43, par. 95.28
Amends the Liquor Control Act of 1934 to expand the
definition of broker to include a person, corporation, or
other combination of individuals that solicits orders or
membership to an alcoholic beverage club or an alcoholic
liquors club to promote the sale of alcoholic liquors to
consumers and businesses for any wholesaler, retailer, or
other individual who ships alcoholic liquors by means of a
common carrier. Effective immediately.
LRB9009629LDdvA
HB2700 Enrolled LRB9009629LDdvA
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Sections 1-3.28, 2-1, 3-12, 5-1, 6-16, 8-12, 10-1,
3 and 10-7.1 and adding Sections 6-17.2 and 6-29.1.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Liquor Control Act of 1934 is amended by
7 changing Sections 1-3.28, 2-1, 3-12, 5-1, 6-16, 8-12, 10-1,
8 and 10-7.1 and adding Sections 6-17.2 and 6-29.1 as follows:
9 (235 ILCS 5/1-3.28) (from Ch. 43, par. 95.28)
10 Sec. 1-3.28. "Broker" means (i) a person who solicits
11 orders for or offers to sell or supply alcoholic liquors to
12 retailers for a fee or commission, for or on behalf of a
13 person authorized to manufacture or sell at wholesale
14 alcoholic liquors within or without the State or (ii) a
15 person within this State, other than a retail licensee, who,
16 for a fee or commission, promotes, solicits, or accepts
17 orders for alcoholic liquor, for use or consumption and not
18 for resale, to be shipped from this State and delivered to
19 residents outside of this State by an express company, common
20 carrier, or contract carrier. This Section does not apply to
21 any person who promotes, solicits, or accepts orders for wine
22 as specifically authorized in Section 6-29 of this Act.
23 (Source: P.A. 82-783.)
24 (235 ILCS 5/2-1) (from Ch. 43, par. 96)
25 Sec. 2-1. No person shall manufacture, bottle, blend,
26 sell, barter, transport, transfer into this State from a
27 point outside this State, deliver, furnish or possess any
28 alcoholic liquor for beverage purposes, unless such person
29 has been issued a license by the Commission or except as
30 permitted by Section 6-29 of this Act or except except as
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1 otherwise specifically provided in this Act;, provided,
2 however, nothing herein contained shall prevent the
3 possession and transportation of alcoholic liquor by the
4 possessor for the personal use of the possessor, his family
5 and guests, nor prevent the making of wine, cider or other
6 alcoholic liquor by a person from fruits, vegetables or
7 grains, or the products thereof, by simple fermentation and
8 without distillation, if it is made solely for the use of the
9 maker, his family and his guests; and provided further that
10 nothing herein contained shall prevent any duly licensed
11 practicing physician or dentist from possessing or using
12 alcoholic liquor in the strict practice of his profession, or
13 any hospital or other institution caring for sick and
14 diseased persons, from possessing and using alcoholic liquor
15 for the treatment of bona fide patients of such hospital or
16 other institution; and provided further that any drug store
17 employing a licensed pharmacist may possess and use alcoholic
18 liquors in the concoction of prescriptions of duly licensed
19 physicians; and provided further, that the possession and
20 dispensation of wine by an authorized representative of any
21 church for the purpose of conducting any bona fide rite or
22 religious ceremony conducted by such church shall not be
23 prohibited by this Act.
24 (Source: P.A. 82-783.)
25 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
26 Sec. 3-12. (a) The State commission shall have the
27 following powers, functions and duties:
28 (1) To receive applications and to issue licenses to
29 manufacturers, foreign importers, importing distributors,
30 distributors, non-resident dealers, on premise consumption
31 retailers, off premise sale retailers, special event retailer
32 licensees, special use permit licenses, auction liquor
33 licenses, brew pubs, caterer retailers, non-beverage users,
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1 railroads, including owners and lessees of sleeping, dining
2 and cafe cars, airplanes, and boats, brokers, and wine
3 maker's retail licensees in accordance with the provisions of
4 this Act, and to suspend or revoke such licenses upon the
5 State commission's determination, upon notice after hearing,
6 that a licensee has violated any provision of this Act or any
7 rule or regulation issued pursuant thereto and in effect for
8 30 days prior to such violation.
9 In lieu of suspending or revoking a license, the
10 commission may impose a fine, upon the State commission's
11 determination and notice after hearing, that a licensee has
12 violated any provision of this Act or any rule or regulation
13 issued pursuant thereto and in effect for 30 days prior to
14 such violation. The fine imposed under this paragraph may
15 not exceed $500 for each violation. Each day that the
16 activity, which gave rise to the original fine, continues is
17 a separate violation. The maximum fine that may be levied
18 against any licensee, for the period of the license, shall
19 not exceed $20,000. The maximum penalty that may be imposed
20 on a licensee for selling a bottle of alcoholic liquor with a
21 foreign object in it or serving from a bottle of alcoholic
22 liquor with a foreign object in it shall be the destruction
23 of that bottle of alcoholic liquor for the first 10 bottles
24 so sold or served from by the licensee. For the eleventh
25 bottle of alcoholic liquor and for each third bottle
26 thereafter sold or served from by the licensee with a foreign
27 object in it, the maximum penalty that may be imposed on the
28 licensee is the destruction of the bottle of alcoholic liquor
29 and a fine of up to $50.
30 (2) To adopt such rules and regulations consistent with
31 the provisions of this Act which shall be necessary to carry
32 on its functions and duties to the end that the health,
33 safety and welfare of the People of the State of Illinois
34 shall be protected and temperance in the consumption of
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1 alcoholic liquors shall be fostered and promoted and to
2 distribute copies of such rules and regulations to all
3 licensees affected thereby.
4 (3) To call upon other administrative departments of the
5 State, county and municipal governments, county and city
6 police departments and upon prosecuting officers for such
7 information and assistance as it deems necessary in the
8 performance of its duties.
9 (4) To recommend to local commissioners rules and
10 regulations, not inconsistent with the law, for the
11 distribution and sale of alcoholic liquors throughout the
12 State.
13 (5) To inspect, or cause to be inspected, any premises
14 in this State where alcoholic liquors are manufactured,
15 distributed, warehoused, or sold.
16 (5.1) Upon receipt of a complaint or upon having
17 knowledge that any person is engaged in business as a
18 manufacturer, importing distributor, distributor, or retailer
19 without a license or valid license, to notify the local
20 liquor authority, file a complaint with the State's
21 Attorney's Office of the county where the incident occurred,
22 or initiate an investigation with the appropriate law
23 enforcement officials.
24 (5.2) To issue a cease and desist notice to persons
25 shipping alcoholic liquor into this State from a point
26 outside of this State if the shipment is in violation of this
27 Act.
28 (6) To hear and determine appeals from orders of a local
29 commission in accordance with the provisions of this Act, as
30 hereinafter set forth. Hearings under this subsection shall
31 be held in Springfield or Chicago, at whichever location is
32 the more convenient for the majority of persons who are
33 parties to the hearing.
34 (7) The commission shall establish uniform systems of
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1 accounts to be kept by all retail licensees having more than
2 4 employees, and for this purpose the commission may classify
3 all retail licensees having more than 4 employees and
4 establish a uniform system of accounts for each class and
5 prescribe the manner in which such accounts shall be kept.
6 The commission may also prescribe the forms of accounts to be
7 kept by all retail licensees having more than 4 employees,
8 including but not limited to accounts of earnings and
9 expenses and any distribution, payment, or other distribution
10 of earnings or assets, and any other forms, records and
11 memoranda which in the judgment of the commission may be
12 necessary or appropriate to carry out any of the provisions
13 of this Act, including but not limited to such forms, records
14 and memoranda as will readily and accurately disclose at all
15 times the beneficial ownership of such retail licensed
16 business. The accounts, forms, records and memoranda shall
17 be available at all reasonable times for inspection by
18 authorized representatives of the State commission or by any
19 local liquor control commissioner or his or her authorized
20 representative. The commission, may, from time to time,
21 alter, amend or repeal, in whole or in part, any uniform
22 system of accounts, or the form and manner of keeping
23 accounts.
24 (8) In the conduct of any hearing authorized to be held
25 by the commission, to examine, or cause to be examined, under
26 oath, any licensee, and to examine or cause to be examined
27 the books and records of such licensee; to hear testimony and
28 take proof material for its information in the discharge of
29 its duties hereunder; to administer or cause to be
30 administered oaths; and for any such purpose to issue
31 subpoena or subpoenas to require the attendance of witnesses
32 and the production of books, which shall be effective in any
33 part of this State.
34 Any Circuit Court may by order duly entered, require the
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1 attendance of witnesses and the production of relevant books
2 subpoenaed by the State commission and the court may compel
3 obedience to its order by proceedings for contempt.
4 (9) To investigate the administration of laws in
5 relation to alcoholic liquors in this and other states and
6 any foreign countries, and to recommend from time to time to
7 the Governor and through him or her to the legislature of
8 this State, such amendments to this Act, if any, as it may
9 think desirable and as will serve to further the general
10 broad purposes contained in Section 1-2 hereof.
11 (10) To adopt such rules and regulations consistent with
12 the provisions of this Act which shall be necessary for the
13 control, sale or disposition of alcoholic liquor damaged as a
14 result of an accident, wreck, flood, fire or other similar
15 occurrence.
16 (11) To develop industry educational programs related to
17 responsible serving and selling, particularly in the areas of
18 overserving consumers and illegal underage purchasing and
19 consumption of alcoholic beverages.
20 (12) To develop and maintain a repository of license and
21 regulatory information.
22 (13) On or before January 15, 1994, the Commission shall
23 issue a written report to the Governor and General Assembly
24 that is to be based on a comprehensive study of the impact on
25 and implications for the State of Illinois of Section 1926 of
26 the Federal ADAMHA Reorganization Act of 1992 (Public Law
27 102-321). This study shall address the extent to which
28 Illinois currently complies with the provisions of P.L.
29 102-321 and the rules promulgated pursuant thereto.
30 As part of its report, the Commission shall provide the
31 following essential information:
32 (i) the number of retail distributors of tobacco
33 products, by type and geographic area, in the State;
34 (ii) the number of reported citations and
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1 successful convictions, categorized by type and location
2 of retail distributor, for violation of the Sale of
3 Tobacco to Minors Act and the Smokeless Tobacco
4 Limitation Act;
5 (iii) the extent and nature of organized
6 educational and governmental activities that are intended
7 to promote, encourage or otherwise secure compliance with
8 any Illinois laws that prohibit the sale or distribution
9 of tobacco products to minors; and
10 (iv) the level of access and availability of
11 tobacco products to individuals under the age of 18.
12 To obtain the data necessary to comply with the
13 provisions of P.L. 102-321 and the requirements of this
14 report, the Commission shall conduct random, unannounced
15 inspections of a geographically and scientifically
16 representative sample of the State's retail tobacco
17 distributors.
18 The Commission shall consult with the Department of
19 Public Health, the Department of Human Services, the Illinois
20 State Police and any other executive branch agency, and
21 private organizations that may have information relevant to
22 this report.
23 The Commission may contract with the Food and Drug
24 Administration of the U.S. Department of Health and Human
25 Services to conduct unannounced investigations of Illinois
26 tobacco vendors to determine compliance with federal laws
27 relating to the illegal sale of cigarettes and smokeless
28 tobacco products to persons under the age of 18.
29 (b) On or before April 30, 1999, the Commission shall
30 present a written report to the Governor and the General
31 Assembly that shall be based on a study of the impact of this
32 amendatory Act of 1998 on the business of soliciting,
33 selling, and shipping alcoholic liquor from outside of this
34 State directly to residents of this State.
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1 As part of its report, the Commission shall provide the
2 following information:
3 (i) the amount of State excise and sales tax
4 revenues generated as a result of this amendatory Act of
5 1998;
6 (ii) the amount of licensing fees received as a
7 result of this amendatory Act of 1998;
8 (iii) the number of reported violations, the number
9 of cease and desist notices issued by the Commission, the
10 number of notices of violations issued to the Department
11 of Revenue, and the number of notices and complaints of
12 violations to law enforcement officials.
13 (Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432,
14 eff. 1-1-98; revised 11-5-97.)
15 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
16 Sec. 5-1. Licenses issued by the Illinois Liquor Control
17 Commission shall be of the following classes:
18 (a) Manufacturer's license - Class 1. Distiller, Class
19 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
20 Manufacturer, Class 5. Second Class Wine Manufacturer,
21 Class 6. First Class Winemaker, Class 7. Second Class
22 Winemaker, Class 8. Limited Wine Manufacturer,
23 (b) Distributor's license,
24 (c) Importing Distributor's license,
25 (d) Retailer's license,
26 (e) Special Event Retailer's license (not-for-profit),
27 (f) Railroad license,
28 (g) Boat license,
29 (h) Non-Beverage User's license,
30 (i) Wine-maker's retail license,
31 (j) Airplane license,
32 (k) Foreign importer's license,
33 (l) Broker's license,
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1 (m) Non-resident dealer's license,
2 (n) Brew Pub license,
3 (o) Auction liquor license,
4 (p) Caterer retailer license,
5 (q) Special use permit license.
6 Nothing in this provision, nor in any subsequent
7 provision of this Act shall be interpreted as forbidding an
8 individual or firm from concurrently obtaining and holding a
9 Winemaker's and a Wine manufacturer's license.
10 (a) A manufacturer's license shall allow the
11 manufacture, importation in bulk, storage, distribution and
12 sale of alcoholic liquor to persons without the State, as may
13 be permitted by law and to licensees in this State as
14 follows:
15 Class 1. A Distiller may make sales and deliveries of
16 alcoholic liquor to distillers, rectifiers, importing
17 distributors, distributors and non-beverage users and to no
18 other licensees.
19 Class 2. A Rectifier, who is not a distiller, as defined
20 herein, may make sales and deliveries of alcoholic liquor to
21 rectifiers, importing distributors, distributors, retailers
22 and non-beverage users and to no other licensees.
23 Class 3. A Brewer may make sales and deliveries of beer
24 to importing distributors, distributors, and to
25 non-licensees, and to retailers provided the brewer obtains
26 an importing distributor's license or distributor's license
27 in accordance with the provisions of this Act.
28 Class 4. A first class wine-manufacturer may make sales
29 and deliveries of between 40,000 and 50,000 gallons of wine
30 to manufacturers, importing distributors and distributors,
31 and to no other licensees.
32 Class 5. A second class Wine manufacturer may make sales
33 and deliveries of more than 50,000 gallons of wine to
34 manufacturers, importing distributors and distributors and to
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1 no other licensees.
2 Class 6. A first-class wine-maker's license shall allow
3 the manufacture of less than 20,000 gallons of wine per year,
4 and the storage and sale of such wine to distributors and
5 retailers in the State and to persons without the State, as
6 may be permitted by law.
7 Class 7. A second-class wine-maker's license shall allow
8 the manufacture of up to 50,000 gallons of wine per year, and
9 the storage and sale of such wine to distributors in this
10 State and to persons without the State, as may be permitted
11 by law. A second-class wine-maker's license shall allow the
12 sale of no more than 10,000 gallons of the licensee's wine
13 directly to retailers.
14 Class 8. A limited wine-manufacturer may make sales and
15 deliveries not to exceed 40,000 gallons of wine per year to
16 distributors, and to non-licensees in accordance with the
17 provisions of this Act.
18 (a-1) A manufacturer which is licensed in this State to
19 make sales or deliveries of alcoholic liquor and which
20 enlists agents, representatives, or individuals acting on its
21 behalf who contact licensed retailers on a regular and
22 continual basis in this State must register those agents,
23 representatives, or persons acting on its behalf with the
24 State Commission.
25 Registration of agents, representatives, or persons
26 acting on behalf of a manufacturer is fulfilled by submitting
27 a form to the Commission. The form shall be developed by the
28 Commission and shall include the name and address of the
29 applicant, the name and address of the manufacturer he or she
30 represents, the territory or areas assigned to sell to or
31 discuss pricing terms of alcoholic liquor, and any other
32 questions deemed appropriate and necessary. All statements
33 in the forms required to be made by law or by rule shall be
34 deemed material, and any person who knowingly misstates any
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1 material fact under oath in an application is guilty of a
2 Class B misdemeanor. Fraud, misrepresentation, false
3 statements, misleading statements, evasions, or suppression
4 of material facts in the securing of a registration are
5 grounds for suspension or revocation of the registration.
6 (b) A distributor's license shall allow the wholesale
7 purchase and storage of alcoholic liquors and sale of
8 alcoholic liquors to licensees in this State and to persons
9 without the State, as may be permitted by law.
10 (c) An importing distributor's license may be issued to
11 and held by those only who are duly licensed distributors,
12 upon the filing of an application by a duly licensed
13 distributor, with the Commission and the Commission shall,
14 without the payment of any fee, immediately issue such
15 importing distributor's license to the applicant, which shall
16 allow the importation of alcoholic liquor by the licensee
17 into this State from any point in the United States outside
18 this State, and the purchase of alcoholic liquor in barrels,
19 casks or other bulk containers and the bottling of such
20 alcoholic liquors before resale thereof, but all bottles or
21 containers so filled shall be sealed, labeled, stamped and
22 otherwise made to comply with all provisions, rules and
23 regulations governing manufacturers in the preparation and
24 bottling of alcoholic liquors. The importing distributor's
25 license shall permit such licensee to purchase alcoholic
26 liquor from Illinois licensed non-resident dealers and
27 foreign importers only.
28 (d) A retailer's license shall allow the licensee to
29 sell and offer for sale at retail, only in the premises
30 specified in such license, alcoholic liquor for use or
31 consumption, but not for resale in any form: Provided that
32 any retail license issued to a manufacturer shall only permit
33 such manufacturer to sell beer at retail on the premises
34 actually occupied by such manufacturer.
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1 After January 1, 1995 there shall be 2 classes of
2 licenses issued under a retailers license.
3 (1) A "retailers on premise consumption license"
4 shall allow the licensee to sell and offer for sale at
5 retail, only on the premises specified in the license,
6 alcoholic liquor for use or consumption on the premises
7 or on and off the premises, but not for resale in any
8 form.
9 (2) An "off premise sale license" shall allow the
10 licensee to sell, or offer for sale at retail, alcoholic
11 liquor intended only for off premise consumption and not
12 for resale in any form.
13 Notwithstanding any other provision of this subsection
14 (d), a retail licensee may sell alcoholic liquors to a
15 special event retailer licensee for resale to the extent
16 permitted under subsection (e).
17 (e) A special event retailer's license (not-for-profit)
18 shall permit the licensee to purchase alcoholic liquors from
19 an Illinois licensed distributor (unless the licensee
20 purchases less than $500 of alcoholic liquors for the special
21 event, in which case the licensee may purchase the alcoholic
22 liquors from a licensed retailer) and shall allow the
23 licensee to sell and offer for sale, at retail, alcoholic
24 liquors for use or consumption, but not for resale in any
25 form and only at the location and on the specific dates
26 designated for the special event in the license. An
27 applicant for a special event retailer license must also
28 submit with the application proof satisfactory to the State
29 Commission that the applicant will provide dram shop
30 liability insurance in the maximum limits and have local
31 authority approval.
32 (f) A railroad license shall permit the licensee to
33 import alcoholic liquors into this State from any point in
34 the United States outside this State and to store such
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1 alcoholic liquors in this State; to make wholesale purchases
2 of alcoholic liquors directly from manufacturers, foreign
3 importers, distributors and importing distributors from
4 within or outside this State; and to store such alcoholic
5 liquors in this State; provided that the above powers may be
6 exercised only in connection with the importation, purchase
7 or storage of alcoholic liquors to be sold or dispensed on a
8 club, buffet, lounge or dining car operated on an electric,
9 gas or steam railway in this State; and provided further,
10 that railroad licensees exercising the above powers shall be
11 subject to all provisions of Article VIII of this Act as
12 applied to importing distributors. A railroad license shall
13 also permit the licensee to sell or dispense alcoholic
14 liquors on any club, buffet, lounge or dining car operated on
15 an electric, gas or steam railway regularly operated by a
16 common carrier in this State, but shall not permit the sale
17 for resale of any alcoholic liquors to any licensee within
18 this State. A license shall be obtained for each car in
19 which such sales are made.
20 (g) A boat license shall allow the sale of alcoholic
21 liquor in individual drinks, on any passenger boat regularly
22 operated as a common carrier on navigable waters in this
23 State, which boat maintains a public dining room or
24 restaurant thereon.
25 (h) A non-beverage user's license shall allow the
26 licensee to purchase alcoholic liquor from a licensed
27 manufacturer or importing distributor, without the imposition
28 of any tax upon the business of such licensed manufacturer or
29 importing distributor as to such alcoholic liquor to be used
30 by such licensee solely for the non-beverage purposes set
31 forth in subsection (a) of Section 8-1 of this Act, and such
32 licenses shall be divided and classified and shall permit the
33 purchase, possession and use of limited and stated quantities
34 of alcoholic liquor as follows:
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1 Class 1, not to exceed ....................... 500 gallons
2 Class 2, not to exceed ....................... 1,000 gallons
3 Class 3, not to exceed ....................... 5,000 gallons
4 Class 4, not to exceed ....................... 10,000 gallons
5 Class 5, not to exceed ....................... 50,000 gallons
6 (i) A wine-maker's retail license shall allow the
7 licensee to sell and offer for sale at retail in the premises
8 specified in such license not more than 50,000 gallons of
9 wine per year for use or consumption, but not for resale in
10 any form; this license shall be issued only to a person
11 licensed as a first-class or second-class wine-maker. A
12 wine-maker's retail licensee, upon receiving permission from
13 the Commission, may conduct business at a second location
14 that is separate from the location specified in its
15 wine-maker's retail license. One wine-maker's retail
16 license-second location may be issued to a wine-maker's
17 retail licensee allowing the licensee to sell and offer for
18 sale at retail in the premises specified in the wine-maker's
19 retail license-second location up to 50,000 gallons of wine
20 that was produced at the licensee's first location per year
21 for use and consumption and not for resale.
22 (j) An airplane license shall permit the licensee to
23 import alcoholic liquors into this State from any point in
24 the United States outside this State and to store such
25 alcoholic liquors in this State; to make wholesale purchases
26 of alcoholic liquors directly from manufacturers, foreign
27 importers, distributors and importing distributors from
28 within or outside this State; and to store such alcoholic
29 liquors in this State; provided that the above powers may be
30 exercised only in connection with the importation, purchase
31 or storage of alcoholic liquors to be sold or dispensed on an
32 airplane; and provided further, that airplane licensees
33 exercising the above powers shall be subject to all
34 provisions of Article VIII of this Act as applied to
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1 importing distributors. An airplane licensee shall also
2 permit the sale or dispensing of alcoholic liquors on any
3 passenger airplane regularly operated by a common carrier in
4 this State, but shall not permit the sale for resale of any
5 alcoholic liquors to any licensee within this State. A
6 single airplane license shall be required of an airline
7 company if liquor service is provided on board aircraft in
8 this State. The annual fee for such license shall be as
9 determined in Section 5-3.
10 (k) A foreign importer's license shall permit such
11 licensee to purchase alcoholic liquor from Illinois licensed
12 non-resident dealers only, and to import alcoholic liquor
13 other than in bulk from any point outside the United States
14 and to sell such alcoholic liquor to Illinois licensed
15 importing distributors and to no one else in Illinois.
16 (l) (i) A broker's license shall be required of all
17 persons brokers who solicit orders for, offer to sell or
18 offer to supply alcoholic liquor to retailers in the State of
19 Illinois, or who offer to retailers to ship or cause to be
20 shipped or to make contact with distillers, rectifiers,
21 brewers or manufacturers or any other party within or without
22 the State of Illinois in order that alcoholic liquors be
23 shipped to a distributor, importing distributor or foreign
24 importer, whether such solicitation or offer is consummated
25 within or without the State of Illinois.
26 No holder of a retailer's license issued by the Illinois
27 Liquor Control Commission shall purchase or receive any
28 alcoholic liquor, the order for which was solicited or
29 offered for sale to such retailer by a broker unless the
30 broker is the holder of a valid broker's license.
31 The broker shall, upon the acceptance by a retailer of
32 the broker's solicitation of an order or offer to sell or
33 supply or deliver or have delivered alcoholic liquors,
34 promptly forward to the Illinois Liquor Control Commission a
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1 notification of said transaction in such form as the
2 Commission may by regulations prescribe.
3 (ii) A broker's license shall be required of a person
4 within this State, other than a retail licensee, who, for a
5 fee or commission, promotes, solicits, or accepts orders for
6 alcoholic liquor, for use or consumption and not for resale,
7 to be shipped from this State and delivered to residents
8 outside of this State by an express company, common carrier,
9 or contract carrier. This Section does not apply to any
10 person who promotes, solicits, or accepts orders for wine as
11 specifically authorized in Section 6-29 of this Act.
12 A broker's Such license under this subsection (1) shall
13 not entitle the holder to buy or sell any alcoholic liquors
14 for his own account or to take or deliver title to such
15 alcoholic liquors.
16 This subsection (l) shall not apply to distributors,
17 employees of distributors, or employees of a manufacturer who
18 has registered the trademark, brand or name of the alcoholic
19 liquor pursuant to Section 6-9 of this Act, and who regularly
20 sells such alcoholic liquor in the State of Illinois only to
21 its registrants thereunder.
22 Any agent, representative, or person subject to
23 registration pursuant to subsection (a-1) of this Section
24 shall not be eligible to receive a broker's license.
25 (m) A non-resident dealer's license shall permit such
26 licensee to ship into and warehouse alcoholic liquor into
27 this State from any point outside of this State, and to sell
28 such alcoholic liquor to Illinois licensed foreign importers
29 and importing distributors and to no one else in this State;
30 provided that said non-resident dealer shall register with
31 the Illinois Liquor Control Commission each and every brand
32 of alcoholic liquor which it proposes to sell to Illinois
33 licensees during the license period; and further provided
34 that it shall comply with all of the provisions of Section
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1 6-9 hereof with respect to registration of such Illinois
2 licensees as may be granted the right to sell such brands at
3 wholesale.
4 (n) A brew pub license shall allow the licensee to
5 manufacture beer only on the premises specified in the
6 license, to make sales of the beer manufactured on the
7 premises to importing distributors, distributors, and to
8 non-licensees for use and consumption, to store the beer upon
9 the premises, and to sell and offer for sale at retail from
10 the licensed premises, provided that a brew pub licensee
11 shall not sell for off-premises consumption more than 50,000
12 gallons per year.
13 (o) A caterer retailer license shall allow the holder to
14 serve alcoholic liquors as an incidental part of a food
15 service that serves prepared meals which excludes the serving
16 of snacks as the primary meal, either on or off-site whether
17 licensed or unlicensed.
18 (p) An auction liquor license shall allow the licensee
19 to sell and offer for sale at auction wine and spirits for
20 use or consumption, or for resale by an Illinois liquor
21 licensee in accordance with provisions of this Act. An
22 auction liquor license will be issued to a person and it will
23 permit the auction liquor licensee to hold the auction
24 anywhere in the State. An auction liquor license must be
25 obtained for each auction at least 14 days in advance of the
26 auction date.
27 (q) A special use permit license shall allow an Illinois
28 licensed retailer to transfer a portion of its alcoholic
29 liquor inventory from its retail licensed premises to the
30 premises specified in the license hereby created, and to sell
31 or offer for sale at retail, only in the premises specified
32 in the license hereby created, the transferred alcoholic
33 liquor for use or consumption, but not for resale in any
34 form. A special use permit license may be granted for the
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1 following time periods: one day or less; 2 or more days to a
2 maximum of 15 days per location in any 12 month period. An
3 applicant for the special use permit license must also submit
4 with the application proof satisfactory to the State
5 Commission that the applicant will provide dram shop
6 liability insurance to the maximum limits and have local
7 authority approval.
8 (Source: P.A. 89-45, eff. 6-23-95; 89-218, eff. 1-1-96;
9 89-626, eff. 8-9-96; 90-77, eff. 7-8-97; 90-432, eff. 1-1-98;
10 revised 11-5-97.)
11 (235 ILCS 5/6-16) (from Ch. 43, par. 131)
12 Sec. 6-16. Prohibited sales and possession.
13 (a) (i) No licensee nor any officer, associate, member,
14 representative, agent, or employee of such licensee shall
15 sell, give, or deliver alcoholic liquor to any person under
16 the age of 21 years or to any intoxicated person, except as
17 provided in Section 6-16.1 16.1. (ii) No express company,
18 common carrier, or contract carrier that carries or
19 transports alcoholic liquor for delivery within this State
20 shall knowingly give or knowingly deliver to a residential
21 address any shipping container clearly labeled as containing
22 alcoholic liquor and labeled as requiring signature of an
23 adult of at least 21 years of age to any person in this State
24 under the age of 21 years. An express company, common
25 carrier, or contract carrier that carries or transports such
26 alcoholic liquor for delivery within this State shall obtain
27 a signature acknowledging receipt of the alcoholic liquor by
28 an adult who is at least 21 years of age. (iii) No person,
29 after purchasing or otherwise obtaining alcoholic liquor,
30 shall sell, give, or deliver such alcoholic liquor to another
31 person under the age of 21 years, except in the performance
32 of a religious ceremony or service. Any person who violates
33 the provisions of item (i), (ii), or (iii) of this paragraph
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1 of this subsection (a) is guilty of a Class A misdemeanor and
2 the person's sentence shall include, but shall not be limited
3 to, a fine of not less than $500.
4 If a licensee or officer, associate, member,
5 representative, agent, or employee of the licensee, or a
6 representative, agent, or employee of an express company,
7 common carrier, or contract carrier that carries or
8 transports alcoholic liquor for delivery within this State,
9 is prosecuted under this paragraph of this subsection (a) for
10 selling, giving, or delivering alcoholic liquor to a person
11 under the age of 21 years, the person under 21 years of age
12 who attempted to buy or receive the alcoholic liquor may be
13 prosecuted pursuant to Section 6-20 of this Act, unless the
14 person under 21 years of age was acting under the authority
15 of a law enforcement agency, the Illinois Liquor Control
16 Commission, or a local liquor control commissioner pursuant
17 to a plan or action to investigate, patrol, or conduct any
18 similar enforcement action.
19 For the purpose of preventing the violation of this
20 Section, any licensee, or his agent or employee, or a
21 representative, agent, or employee of an express company,
22 common carrier, or contract carrier that carries or
23 transports alcoholic liquor for delivery within this State,
24 may refuse to sell, deliver, or serve alcoholic beverages to
25 any person who is unable to produce adequate written evidence
26 of identity and of the fact that he or she is over the age of
27 21 years.
28 Adequate written evidence of age and identity of the
29 person is a document issued by a federal, state, county, or
30 municipal government, or subdivision or agency thereof,
31 including, but not limited to, a motor vehicle operator's
32 license, a registration certificate issued under the Federal
33 Selective Service Act, or an identification card issued to a
34 member of the Armed Forces. Proof that the
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1 defendant-licensee, or his employee or agent, or the
2 representative, agent, or employee of the express company,
3 common carrier, or contract carrier that carries or
4 transports alcoholic liquor for delivery within this State
5 demanded, was shown and reasonably relied upon such written
6 evidence in any transaction forbidden by this Section is an
7 affirmative defense in any criminal prosecution therefor or
8 to any proceedings for the suspension or revocation of any
9 license based thereon. It shall not, however, be an
10 affirmative defense if the agent or employee accepted the
11 written evidence knowing it to be false or fraudulent. If a
12 false or fraudulent Illinois driver's license or Illinois
13 identification card is presented by a person less than 21
14 years of age to a licensee or the licensee's agent or
15 employee for the purpose of ordering, purchasing, attempting
16 to purchase, or otherwise obtaining or attempting to obtain
17 the serving of any alcoholic beverage, the law enforcement
18 officer or agency investigating the incident shall, upon the
19 conviction of the person who presented the fraudulent license
20 or identification, make a report of the matter to the
21 Secretary of State on a form provided by the Secretary of
22 State.
23 However, no agent or employee of the licensee shall be
24 disciplined or discharged for selling or furnishing liquor to
25 a person under 21 years of age if the agent or employee
26 demanded and was shown, before furnishing liquor to a person
27 under 21 years of age, adequate written evidence of age and
28 identity of the person issued by a federal, state, county or
29 municipal government, or subdivision or agency thereof,
30 including but not limited to a motor vehicle operator's
31 license, a registration certificate issued under the Federal
32 Selective Service Act, or an identification card issued to a
33 member of the Armed Forces. This paragraph, however, shall
34 not apply if the agent or employee accepted the written
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1 evidence knowing it to be false or fraudulent.
2 Any person who sells, gives, or furnishes to any person
3 under the age of 21 years any false or fraudulent written,
4 printed, or photostatic evidence of the age and identity of
5 such person or who sells, gives or furnishes to any person
6 under the age of 21 years evidence of age and identification
7 of any other person is guilty of a Class A misdemeanor and
8 the person's sentence shall include, but shall not be limited
9 to, a fine of not less than $500.
10 Any person under the age of 21 years who presents or
11 offers to any licensee, his agent or employee, any written,
12 printed or photostatic evidence of age and identity that is
13 false, fraudulent, or not actually his or her own for the
14 purpose of ordering, purchasing, attempting to purchase or
15 otherwise procuring or attempting to procure, the serving of
16 any alcoholic beverage, who falsely states in writing that he
17 or she is at least 21 years of age when receiving alcoholic
18 liquor from a representative, agent, or employee of an
19 express company, common carrier, or contract carrier, or who
20 has in his or her possession any false or fraudulent written,
21 printed, or photostatic evidence of age and identity, is
22 guilty of a Class A misdemeanor and the person's sentence
23 shall include, but shall not be limited to, the following: a
24 fine of not less than $500 and at least 25 hours of community
25 service. If possible, any community service shall be
26 performed for an alcohol abuse prevention program.
27 Any person under the age of 21 years who has any
28 alcoholic beverage in his or her possession on any street or
29 highway or in any public place or in any place open to the
30 public is guilty of a Class A misdemeanor. This Section does
31 not apply to possession by a person under the age of 21 years
32 making a delivery of an alcoholic beverage in pursuance of
33 the order of his or her parent or in pursuance of his or her
34 employment.
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1 (a-1) It is unlawful for any parent or guardian to
2 permit his or her residence to be used by an invitee of the
3 parent's child or the guardian's ward, if the invitee is
4 under the age of 21, in a manner that constitutes a violation
5 of this Section. A parent or guardian is deemed to have
6 permitted his or her residence to be used in violation of
7 this Section if he or she knowingly authorizes, enables, or
8 permits such use to occur by failing to control access to
9 either the residence or the alcoholic liquor maintained in
10 the residence. Any person who violates this subsection (a-1)
11 is guilty of a Class A misdemeanor and the person's sentence
12 shall include, but shall not be limited to, a fine of not
13 less than $500. Nothing in this subsection (a-1) shall be
14 construed to prohibit the giving of alcoholic liquor to a
15 person under the age of 21 years in the performance of a
16 religious ceremony or service.
17 (b) Except as otherwise provided in this Section whoever
18 violates this Section shall, in addition to other penalties
19 provided for in this Act, be guilty of a Class A misdemeanor.
20 (c) Any person shall be guilty of a Class A misdemeanor
21 where he or she knowingly permits a gathering at a residence
22 which he or she occupies of two or more persons where any one
23 or more of the persons is under 21 years of age and the
24 following factors also apply:
25 (1) the person occupying the residence knows that
26 any such person under the age of 21 is in possession of
27 or is consuming any alcoholic beverage; and
28 (2) the possession or consumption of the alcohol by
29 the person under 21 is not otherwise permitted by this
30 Act; and
31 (3) the person occupying the residence knows that
32 the person under the age of 21 leaves the residence in an
33 intoxicated condition.
34 For the purposes of this subsection (c) where the
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1 residence has an owner and a tenant or lessee, there is a
2 rebuttable presumption that the residence is occupied only by
3 the tenant or lessee.
4 (d) Any person who rents a hotel or motel room from the
5 proprietor or agent thereof for the purpose of or with the
6 knowledge that such room shall be used for the consumption of
7 alcoholic liquor by persons under the age of 21 years shall
8 be guilty of a Class A misdemeanor.
9 (Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97;
10 90-432, eff. 1-1-98; revised 11-5-97.)
11 (235 ILCS 5/6-17.2 new)
12 Sec. 6-17.2. Importation of alcoholic liquor into this
13 State. A person who imports into this State from any point
14 in the United States outside this State, whether for himself
15 or for another, any alcoholic liquor for sale or resale is
16 required to hold a license issued by the Commission in
17 accordance with this Act, except as otherwise expressly
18 authorized by this Act.
19 (235 ILCS 5/6-29.1 new)
20 Sec. 6-29.1. Direct shipments of alcoholic liquor.
21 Pursuant to the Twenty-First Amendment of the United States
22 Constitution allowing states to regulate the distribution and
23 sale of alcoholic liquor and pursuant to the federal
24 Webb-Kenyon Act declaring that alcoholic liquor shipped in
25 interstate commerce must comply with state laws, the General
26 Assembly hereby finds and declares that selling alcoholic
27 liquor from a point outside this State through various direct
28 marketing means, such as catalogs, newspapers, mailers, and
29 the Internet, directly to residents of this State poses a
30 serious threat to the State's efforts to prevent youths from
31 accessing alcoholic liquor; to State revenue collections; and
32 to the economy of this State.
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1 Any person manufacturing, distributing, or selling
2 alcoholic liquor who knowingly ships or transports or causes
3 the shipping or transportation of any alcoholic liquor from a
4 point outside this State to a person in this State who does
5 not hold a manufacturer's, distributor's, importing
6 distributor's, or non-resident dealer's license issued by the
7 Liquor Control Commission, other than a shipment of
8 sacramental wine to a bona fide religious organization, a
9 shipment authorized by Section 6-29, or any other shipment
10 authorized by this Act, is in violation of this Act.
11 The Commission, upon determining, after investigation,
12 that a person has violated this Section, shall give notice to
13 the person by certified mail to cease and desist all
14 shipments of alcoholic liquor into this State and to withdraw
15 from this State within 5 working days after receipt of the
16 notice all shipments of alcoholic liquor then in transit.
17 Whenever the Commission has reason to believe that a
18 person has failed to comply with the Commission notice under
19 this Section, it shall notify the Department of Revenue and
20 file a complaint with the State's Attorney of the county
21 where the alcoholic liquor was delivered or with appropriate
22 law enforcement officials.
23 Failure to comply with the notice issued by the
24 Commission under this Section constitutes a business offense
25 for which the person shall be fined not more than $1,000 for
26 a first offense, not more than $5,000 for a second offense,
27 and not more than $10,000 for a third or subsequent offense.
28 Each shipment of alcoholic liquor delivered in violation of
29 the cease and desist notice shall constitute a separate
30 offense.
31 (235 ILCS 5/8-12) (from Ch. 43, par. 164 3/4)
32 Sec. 8-12. It shall be the duty of every railroad
33 company, express company, common or contract carrier, and of
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1 every person, firm or corporation that shall bring, carry or
2 transport alcoholic liquors into the State of Illinois for
3 delivery in said State or which are delivered in said State,
4 to prepare and file with the Department of Revenue for each
5 month, not later than the fifteenth day of the month
6 following that for which it is made, a report stating therein
7 the name of the company, carrier, person, firm or corporation
8 making the report, the address in Illinois at which the
9 records supporting such report are kept and are open to
10 inspection, the period of time covered by said report, the
11 name and business address of each consignor of such alcoholic
12 liquors, the name and business address of each consignee of
13 such alcoholic liquors, the kind and quantity of alcoholic
14 liquors delivered to each consignee, and the date or dates of
15 delivery. Such report shall be made upon forms prescribed and
16 made available by the Department and shall contain such other
17 information as may reasonably be required by the Department.
18 The Department may establish procedures for electronic
19 transmissions of such information directly to the Department.
20 Such reports or information received by the Department shall
21 be made available by the Department to the Commission upon
22 the Commission's request.
23 The books, records, supporting papers and documents
24 containing information and data relating to such reports
25 shall be kept and preserved for a period of three years,
26 unless their destruction sooner is authorized, in writing, by
27 the Director, and shall be open and available to inspection
28 by the Director of Revenue or the Commission or any duly
29 authorized officer, agent or employee of the Department or
30 the Commission, at all times during business hours of the
31 day.
32 Any person who violates any of the provisions of this
33 section or any of the rules and regulations of the Department
34 for the administration and enforcement of the provisions of
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1 this section is guilty of a Class C misdemeanor. In case of a
2 continuing violation each day's continuance thereof shall be
3 a separate and distinct offense.
4 (Source: P.A. 83-1428.)
5 (235 ILCS 5/10-1) (from Ch. 43, par. 183)
6 Sec. 10-1. Violations; penalties. (a) Whereas a
7 substantial threat to the sound and careful control,
8 regulation, and taxation of the manufacture, sale, and
9 distribution of alcoholic liquors exists by virtue of
10 individuals who manufacture, import, distribute, or sell
11 alcoholic liquors within the State without having first
12 obtained a valid license to do so, and whereas such threat is
13 especially serious along the borders of this State, and
14 whereas such threat requires immediate correction by this
15 Act, by active investigation and prosecution by law
16 enforcement officials and prosecutors, and by prompt and
17 strict enforcement through the courts of this State to punish
18 violators and to deter such conduct in the future:;
19 (a) Any person who manufactures, imports for
20 distribution or use, or distributes or sells alcoholic liquor
21 at any place within the State without having first obtained a
22 valid license to do so under the provisions of this Act shall
23 be guilty of a business offense and fined not more than
24 $1,000 for the first such offense and shall be guilty of a
25 Class 4 felony for each subsequent offense.
26 (b) (1) Any retailer, licensed in this State, who
27 knowingly causes to furnish, give, sell, or otherwise being
28 within the State, any alcoholic liquor destined to be used,
29 distributed, consumed or sold in another state, unless such
30 alcoholic liquor was received in this State by a duly
31 licensed distributor, or importing distributors shall have
32 his license suspended for 7 days for the first offense and
33 for the second offense, shall have his license revoked by the
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1 Commission.
2 (2) In the event the Commission receives a certified
3 copy of a final order from a foreign jurisdiction that an
4 Illinois retail licensee has been found to have violated that
5 foreign jurisdiction's laws, rules, or regulations concerning
6 the importation of alcoholic liquor into that foreign
7 jurisdiction, the violation may be grounds for the Commission
8 to revoke, suspend, or refuse to issue or renew a license, to
9 impose a fine, or to take any additional action provided by
10 this Act with respect to the Illinois retail license or
11 licensee. Any such action on the part of the Commission
12 shall be in accordance with this Act and implementing rules.
13 For the purposes of paragraph (2): (i) "foreign
14 jurisdiction" means a state, territory, or possession of the
15 United States, the District of Columbia, or the Commonwealth
16 of Puerto Rico, and (ii) "final order" means an order or
17 judgment of a court or administrative body that determines
18 the rights of the parties respecting the subject matter of
19 the proceeding, that remains in full force and effect, and
20 from which no appeal can be taken.
21 (c) Any person who shall make any false statement or
22 otherwise violates any of the provisions of this Act in
23 obtaining any license hereunder, or who having obtained a
24 license hereunder shall violate any of the provisions of this
25 Act with respect to the manufacture, possession, distribution
26 or sale of alcoholic liquor, or with respect to the
27 maintenance of the licensed premises, or shall violate any
28 other provision of this Act, shall for a first offense be
29 guilty of a petty offense and fined not more than $500, and
30 for a second or subsequent offense shall be guilty of a Class
31 B misdemeanor.
32 (d) Each day any person engages in business as a
33 manufacturer, foreign importer, importing distributor,
34 distributor or retailer in violation of the provisions of
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1 this Act shall constitute a separate offense.
2 (e) Any person, under the age of 21 years who, for the
3 purpose of buying, accepting or receiving alcoholic liquor
4 from a licensee, represents that he is 21 years of age or
5 over shall be guilty of a Class A misdemeanor.
6 (f) In addition to the penalties herein provided, any
7 person licensed as a wine-maker in either class who
8 manufactures more wine than authorized by his license shall
9 be guilty of a business offense and shall be fined $1 for
10 each gallon so manufactured.
11 (g) A person shall be exempt from prosecution for a
12 violation of this Act if he is a peace officer in the
13 enforcement of the criminal laws and such activity is
14 approved in writing by one of the following:
15 (1) In all counties, the respective State's
16 Attorney;
17 (2) The Director of State Police under Section 55a
18 of The Civil Administrative Code of Illinois; or
19 (3) In cities over 1,000,000, the Superintendent of
20 Police.
21 (Source: P.A. 86-445.)
22 (235 ILCS 5/10-7.1) (from Ch. 43, par. 189.1)
23 Sec. 10-7.1. The Commission, upon receipt of a complaint
24 or upon having knowledge that any person is engaged in the
25 business as a manufacturer, importing distributor,
26 distributor or retailer without a license or valid license,
27 shall notify the Department of Revenue and the local liquor
28 authority, and file a complaint with the State's Attorney's
29 Office of the County where the incident occurred, or initiate
30 an investigation with the appropriate law enforcement
31 officials.
32 (Source: P.A. 86-445.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.