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| [ Senate Amendment 002 ] |
90_HB2700ham001
LRB9009629LDmbam05
1 AMENDMENT TO HOUSE BILL 2700
2 AMENDMENT NO. . Amend House Bill 2700 by replacing
3 the title with the following:
4 "AN ACT to amend the Liquor Control Act of 1934 by
5 changing Sections 1-3.28, 2-1, 3-12, 5-1, 6-16, and 10-1 and
6 adding Sections 6-17.2 and 6-29.1."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Liquor Control Act of 1934 is amended by
10 changing Sections 1-3.28, 2-1, 3-12, 5-1, 6-16, and 10-1 and
11 adding Sections 6-17.2 and 6-29.1 as follows:
12 (235 ILCS 5/1-3.28) (from Ch. 43, par. 95.28)
13 Sec. 1-3.28. "Broker" means (i) a person who solicits
14 orders for or offers to sell or supply alcoholic liquors to
15 retailers for a fee or commission, for or on behalf of a
16 person authorized to manufacture or sell at wholesale
17 alcoholic liquors within or without the State or (ii) a
18 person within this State, other than a retail licensee, who
19 promotes, solicits, or accepts orders for alcoholic liquor,
20 for use or consumption and not for resale, to be delivered to
21 residents of this State by an express company, common
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1 carrier, or contract carrier. This Section does not apply to
2 any person who promotes, solicits, or accepts orders for wine
3 as specifically authorized in Section 6-29 of this Act.
4 (Source: P.A. 82-783.)
5 (235 ILCS 5/2-1) (from Ch. 43, par. 96)
6 Sec. 2-1. No person shall manufacture, bottle, blend,
7 sell, barter, transport, transfer into this State from a
8 point outside this State, deliver, furnish or possess any
9 alcoholic liquor for beverage purposes, unless such person
10 has been issued a license by the Commission or except as
11 permitted by Section 6-29 of this Act or except except as
12 otherwise specifically provided in this Act;, provided,
13 however, nothing herein contained shall prevent the
14 possession and transportation of alcoholic liquor by the
15 possessor for the personal use of the possessor, his family
16 and guests, nor prevent the making of wine, cider or other
17 alcoholic liquor by a person from fruits, vegetables or
18 grains, or the products thereof, by simple fermentation and
19 without distillation, if it is made solely for the use of the
20 maker, his family and his guests; and provided further that
21 nothing herein contained shall prevent any duly licensed
22 practicing physician or dentist from possessing or using
23 alcoholic liquor in the strict practice of his profession, or
24 any hospital or other institution caring for sick and
25 diseased persons, from possessing and using alcoholic liquor
26 for the treatment of bona fide patients of such hospital or
27 other institution; and provided further that any drug store
28 employing a licensed pharmacist may possess and use alcoholic
29 liquors in the concoction of prescriptions of duly licensed
30 physicians; and provided further, that the possession and
31 dispensation of wine by an authorized representative of any
32 church for the purpose of conducting any bona fide rite or
33 religious ceremony conducted by such church shall not be
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1 prohibited by this Act.
2 (Source: P.A. 82-783.)
3 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
4 Sec. 3-12. The State commission shall have the following
5 powers, functions and duties:
6 (1) To receive applications and to issue licenses to
7 manufacturers, foreign importers, importing distributors,
8 distributors, non-resident dealers, on premise consumption
9 retailers, off premise sale retailers, special event retailer
10 licensees, special use permit licenses, auction liquor
11 licenses, brew pubs, caterer retailers, non-beverage users,
12 railroads, including owners and lessees of sleeping, dining
13 and cafe cars, airplanes, and boats, brokers, and wine
14 maker's retail licensees in accordance with the provisions of
15 this Act, and to suspend or revoke such licenses upon the
16 State commission's determination, upon notice after hearing,
17 that a licensee has violated any provision of this Act or any
18 rule or regulation issued pursuant thereto and in effect for
19 30 days prior to such violation.
20 In lieu of suspending or revoking a license, the
21 commission may impose a fine, upon the State commission's
22 determination and notice after hearing, that a licensee has
23 violated any provision of this Act or any rule or regulation
24 issued pursuant thereto and in effect for 30 days prior to
25 such violation. The fine imposed under this paragraph may
26 not exceed $500 for each violation. Each day that the
27 activity, which gave rise to the original fine, continues is
28 a separate violation. The maximum fine that may be levied
29 against any licensee, for the period of the license, shall
30 not exceed $20,000. The maximum penalty that may be imposed
31 on a licensee for selling a bottle of alcoholic liquor with a
32 foreign object in it or serving from a bottle of alcoholic
33 liquor with a foreign object in it shall be the destruction
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1 of that bottle of alcoholic liquor for the first 10 bottles
2 so sold or served from by the licensee. For the eleventh
3 bottle of alcoholic liquor and for each third bottle
4 thereafter sold or served from by the licensee with a foreign
5 object in it, the maximum penalty that may be imposed on the
6 licensee is the destruction of the bottle of alcoholic liquor
7 and a fine of up to $50.
8 (2) To adopt such rules and regulations consistent with
9 the provisions of this Act which shall be necessary to carry
10 on its functions and duties to the end that the health,
11 safety and welfare of the People of the State of Illinois
12 shall be protected and temperance in the consumption of
13 alcoholic liquors shall be fostered and promoted and to
14 distribute copies of such rules and regulations to all
15 licensees affected thereby.
16 (3) To call upon other administrative departments of the
17 State, county and municipal governments, county and city
18 police departments and upon prosecuting officers for such
19 information and assistance as it deems necessary in the
20 performance of its duties.
21 (4) To recommend to local commissioners rules and
22 regulations, not inconsistent with the law, for the
23 distribution and sale of alcoholic liquors throughout the
24 State.
25 (5) (a) To inspect, or cause to be inspected, any
26 licensed or non-licensed premises in this State where
27 alcoholic liquors are manufactured, distributed, warehoused,
28 or sold.
29 (b) To investigate shipments of alcoholic liquor into
30 this State from a point outside of this State and issue a
31 cease and desist notice in the event of a violation of this
32 Act.
33 (6) To hear and determine appeals from orders of a local
34 commission in accordance with the provisions of this Act, as
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1 hereinafter set forth. Hearings under this subsection shall
2 be held in Springfield or Chicago, at whichever location is
3 the more convenient for the majority of persons who are
4 parties to the hearing.
5 (7) The commission shall establish uniform systems of
6 accounts to be kept by all retail licensees having more than
7 4 employees, and for this purpose the commission may classify
8 all retail licensees having more than 4 employees and
9 establish a uniform system of accounts for each class and
10 prescribe the manner in which such accounts shall be kept.
11 The commission may also prescribe the forms of accounts to be
12 kept by all retail licensees having more than 4 employees,
13 including but not limited to accounts of earnings and
14 expenses and any distribution, payment, or other distribution
15 of earnings or assets, and any other forms, records and
16 memoranda which in the judgment of the commission may be
17 necessary or appropriate to carry out any of the provisions
18 of this Act, including but not limited to such forms, records
19 and memoranda as will readily and accurately disclose at all
20 times the beneficial ownership of such retail licensed
21 business. The accounts, forms, records and memoranda shall
22 be available at all reasonable times for inspection by
23 authorized representatives of the State commission or by any
24 local liquor control commissioner or his or her authorized
25 representative. The commission, may, from time to time,
26 alter, amend or repeal, in whole or in part, any uniform
27 system of accounts, or the form and manner of keeping
28 accounts.
29 (8) In the conduct of any hearing authorized to be held
30 by the commission, to examine, or cause to be examined, under
31 oath, any licensee, and to examine or cause to be examined
32 the books and records of such licensee; to hear testimony and
33 take proof material for its information in the discharge of
34 its duties hereunder; to administer or cause to be
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1 administered oaths; and for any such purpose to issue
2 subpoena or subpoenas to require the attendance of witnesses
3 and the production of books, which shall be effective in any
4 part of this State.
5 Any Circuit Court may by order duly entered, require the
6 attendance of witnesses and the production of relevant books
7 subpoenaed by the State commission and the court may compel
8 obedience to its order by proceedings for contempt.
9 (9) To investigate the administration of laws in
10 relation to alcoholic liquors in this and other states and
11 any foreign countries, and to recommend from time to time to
12 the Governor and through him or her to the legislature of
13 this State, such amendments to this Act, if any, as it may
14 think desirable and as will serve to further the general
15 broad purposes contained in Section 1-2 hereof.
16 (10) To adopt such rules and regulations consistent with
17 the provisions of this Act which shall be necessary for the
18 control, sale or disposition of alcoholic liquor damaged as a
19 result of an accident, wreck, flood, fire or other similar
20 occurrence.
21 (11) To develop industry educational programs related to
22 responsible serving and selling, particularly in the areas of
23 overserving consumers and illegal underage purchasing and
24 consumption of alcoholic beverages.
25 (12) To develop and maintain a repository of license and
26 regulatory information.
27 (13) On or before January 15, 1994, the Commission shall
28 issue a written report to the Governor and General Assembly
29 that is to be based on a comprehensive study of the impact on
30 and implications for the State of Illinois of Section 1926 of
31 the Federal ADAMHA Reorganization Act of 1992 (Public Law
32 102-321). This study shall address the extent to which
33 Illinois currently complies with the provisions of P.L.
34 102-321 and the rules promulgated pursuant thereto.
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1 As part of its report, the Commission shall provide the
2 following essential information:
3 (i) the number of retail distributors of tobacco
4 products, by type and geographic area, in the State;
5 (ii) the number of reported citations and
6 successful convictions, categorized by type and location
7 of retail distributor, for violation of the Sale of
8 Tobacco to Minors Act and the Smokeless Tobacco
9 Limitation Act;
10 (iii) the extent and nature of organized
11 educational and governmental activities that are intended
12 to promote, encourage or otherwise secure compliance with
13 any Illinois laws that prohibit the sale or distribution
14 of tobacco products to minors; and
15 (iv) the level of access and availability of
16 tobacco products to individuals under the age of 18.
17 To obtain the data necessary to comply with the
18 provisions of P.L. 102-321 and the requirements of this
19 report, the Commission shall conduct random, unannounced
20 inspections of a geographically and scientifically
21 representative sample of the State's retail tobacco
22 distributors.
23 The Commission shall consult with the Department of
24 Public Health, the Department of Human Services, the Illinois
25 State Police and any other executive branch agency, and
26 private organizations that may have information relevant to
27 this report.
28 The Commission may contract with the Food and Drug
29 Administration of the U.S. Department of Health and Human
30 Services to conduct unannounced investigations of Illinois
31 tobacco vendors to determine compliance with federal laws
32 relating to the illegal sale of cigarettes and smokeless
33 tobacco products to persons under the age of 18.
34 (Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432,
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1 eff. 1-1-98; revised 11-5-97.)
2 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
3 Sec. 5-1. Licenses issued by the Illinois Liquor Control
4 Commission shall be of the following classes:
5 (a) Manufacturer's license - Class 1. Distiller, Class
6 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
7 Manufacturer, Class 5. Second Class Wine Manufacturer,
8 Class 6. First Class Winemaker, Class 7. Second Class
9 Winemaker, Class 8. Limited Wine Manufacturer,
10 (b) Distributor's license,
11 (c) Importing Distributor's license,
12 (d) Retailer's license,
13 (e) Special Event Retailer's license (not-for-profit),
14 (f) Railroad license,
15 (g) Boat license,
16 (h) Non-Beverage User's license,
17 (i) Wine-maker's retail license,
18 (j) Airplane license,
19 (k) Foreign importer's license,
20 (l) Broker's license,
21 (m) Non-resident dealer's license,
22 (n) Brew Pub license,
23 (o) Auction liquor license,
24 (p) Caterer retailer license,
25 (q) Special use permit license.
26 Nothing in this provision, nor in any subsequent
27 provision of this Act shall be interpreted as forbidding an
28 individual or firm from concurrently obtaining and holding a
29 Winemaker's and a Wine manufacturer's license.
30 (a) A manufacturer's license shall allow the
31 manufacture, importation in bulk, storage, distribution and
32 sale of alcoholic liquor to persons without the State, as may
33 be permitted by law and to licensees in this State as
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1 follows:
2 Class 1. A Distiller may make sales and deliveries of
3 alcoholic liquor to distillers, rectifiers, importing
4 distributors, distributors and non-beverage users and to no
5 other licensees.
6 Class 2. A Rectifier, who is not a distiller, as defined
7 herein, may make sales and deliveries of alcoholic liquor to
8 rectifiers, importing distributors, distributors, retailers
9 and non-beverage users and to no other licensees.
10 Class 3. A Brewer may make sales and deliveries of beer
11 to importing distributors, distributors, and to
12 non-licensees, and to retailers provided the brewer obtains
13 an importing distributor's license or distributor's license
14 in accordance with the provisions of this Act.
15 Class 4. A first class wine-manufacturer may make sales
16 and deliveries of between 40,000 and 50,000 gallons of wine
17 to manufacturers, importing distributors and distributors,
18 and to no other licensees.
19 Class 5. A second class Wine manufacturer may make sales
20 and deliveries of more than 50,000 gallons of wine to
21 manufacturers, importing distributors and distributors and to
22 no other licensees.
23 Class 6. A first-class wine-maker's license shall allow
24 the manufacture of less than 20,000 gallons of wine per year,
25 and the storage and sale of such wine to distributors and
26 retailers in the State and to persons without the State, as
27 may be permitted by law.
28 Class 7. A second-class wine-maker's license shall allow
29 the manufacture of up to 50,000 gallons of wine per year, and
30 the storage and sale of such wine to distributors in this
31 State and to persons without the State, as may be permitted
32 by law. A second-class wine-maker's license shall allow the
33 sale of no more than 10,000 gallons of the licensee's wine
34 directly to retailers.
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1 Class 8. A limited wine-manufacturer may make sales and
2 deliveries not to exceed 40,000 gallons of wine per year to
3 distributors, and to non-licensees in accordance with the
4 provisions of this Act.
5 (a-1) A manufacturer which is licensed in this State to
6 make sales or deliveries of alcoholic liquor and which
7 enlists agents, representatives, or individuals acting on its
8 behalf who contact licensed retailers on a regular and
9 continual basis in this State must register those agents,
10 representatives, or persons acting on its behalf with the
11 State Commission.
12 Registration of agents, representatives, or persons
13 acting on behalf of a manufacturer is fulfilled by submitting
14 a form to the Commission. The form shall be developed by the
15 Commission and shall include the name and address of the
16 applicant, the name and address of the manufacturer he or she
17 represents, the territory or areas assigned to sell to or
18 discuss pricing terms of alcoholic liquor, and any other
19 questions deemed appropriate and necessary. All statements
20 in the forms required to be made by law or by rule shall be
21 deemed material, and any person who knowingly misstates any
22 material fact under oath in an application is guilty of a
23 Class B misdemeanor. Fraud, misrepresentation, false
24 statements, misleading statements, evasions, or suppression
25 of material facts in the securing of a registration are
26 grounds for suspension or revocation of the registration.
27 (b) A distributor's license shall allow the wholesale
28 purchase and storage of alcoholic liquors and sale of
29 alcoholic liquors to licensees in this State and to persons
30 without the State, as may be permitted by law.
31 (c) An importing distributor's license may be issued to
32 and held by those only who are duly licensed distributors,
33 upon the filing of an application by a duly licensed
34 distributor, with the Commission and the Commission shall,
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1 without the payment of any fee, immediately issue such
2 importing distributor's license to the applicant, which shall
3 allow the importation of alcoholic liquor by the licensee
4 into this State from any point in the United States outside
5 this State, and the purchase of alcoholic liquor in barrels,
6 casks or other bulk containers and the bottling of such
7 alcoholic liquors before resale thereof, but all bottles or
8 containers so filled shall be sealed, labeled, stamped and
9 otherwise made to comply with all provisions, rules and
10 regulations governing manufacturers in the preparation and
11 bottling of alcoholic liquors. The importing distributor's
12 license shall permit such licensee to purchase alcoholic
13 liquor from Illinois licensed non-resident dealers and
14 foreign importers only.
15 (d) A retailer's license shall allow the licensee to
16 sell and offer for sale at retail, only in the premises
17 specified in such license, alcoholic liquor for use or
18 consumption, but not for resale in any form: Provided that
19 any retail license issued to a manufacturer shall only permit
20 such manufacturer to sell beer at retail on the premises
21 actually occupied by such manufacturer.
22 After January 1, 1995 there shall be 2 classes of
23 licenses issued under a retailers license.
24 (1) A "retailers on premise consumption license"
25 shall allow the licensee to sell and offer for sale at
26 retail, only on the premises specified in the license,
27 alcoholic liquor for use or consumption on the premises
28 or on and off the premises, but not for resale in any
29 form.
30 (2) An "off premise sale license" shall allow the
31 licensee to sell, or offer for sale at retail, alcoholic
32 liquor intended only for off premise consumption and not
33 for resale in any form.
34 Notwithstanding any other provision of this subsection
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1 (d), a retail licensee may sell alcoholic liquors to a
2 special event retailer licensee for resale to the extent
3 permitted under subsection (e).
4 (e) A special event retailer's license (not-for-profit)
5 shall permit the licensee to purchase alcoholic liquors from
6 an Illinois licensed distributor (unless the licensee
7 purchases less than $500 of alcoholic liquors for the special
8 event, in which case the licensee may purchase the alcoholic
9 liquors from a licensed retailer) and shall allow the
10 licensee to sell and offer for sale, at retail, alcoholic
11 liquors for use or consumption, but not for resale in any
12 form and only at the location and on the specific dates
13 designated for the special event in the license. An
14 applicant for a special event retailer license must also
15 submit with the application proof satisfactory to the State
16 Commission that the applicant will provide dram shop
17 liability insurance in the maximum limits and have local
18 authority approval.
19 (f) A railroad license shall permit the licensee to
20 import alcoholic liquors into this State from any point in
21 the United States outside this State and to store such
22 alcoholic liquors in this State; to make wholesale purchases
23 of alcoholic liquors directly from manufacturers, foreign
24 importers, distributors and importing distributors from
25 within or outside this State; and to store such alcoholic
26 liquors in this State; provided that the above powers may be
27 exercised only in connection with the importation, purchase
28 or storage of alcoholic liquors to be sold or dispensed on a
29 club, buffet, lounge or dining car operated on an electric,
30 gas or steam railway in this State; and provided further,
31 that railroad licensees exercising the above powers shall be
32 subject to all provisions of Article VIII of this Act as
33 applied to importing distributors. A railroad license shall
34 also permit the licensee to sell or dispense alcoholic
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1 liquors on any club, buffet, lounge or dining car operated on
2 an electric, gas or steam railway regularly operated by a
3 common carrier in this State, but shall not permit the sale
4 for resale of any alcoholic liquors to any licensee within
5 this State. A license shall be obtained for each car in
6 which such sales are made.
7 (g) A boat license shall allow the sale of alcoholic
8 liquor in individual drinks, on any passenger boat regularly
9 operated as a common carrier on navigable waters in this
10 State, which boat maintains a public dining room or
11 restaurant thereon.
12 (h) A non-beverage user's license shall allow the
13 licensee to purchase alcoholic liquor from a licensed
14 manufacturer or importing distributor, without the imposition
15 of any tax upon the business of such licensed manufacturer or
16 importing distributor as to such alcoholic liquor to be used
17 by such licensee solely for the non-beverage purposes set
18 forth in subsection (a) of Section 8-1 of this Act, and such
19 licenses shall be divided and classified and shall permit the
20 purchase, possession and use of limited and stated quantities
21 of alcoholic liquor as follows:
22 Class 1, not to exceed ....................... 500 gallons
23 Class 2, not to exceed ....................... 1,000 gallons
24 Class 3, not to exceed ....................... 5,000 gallons
25 Class 4, not to exceed ....................... 10,000 gallons
26 Class 5, not to exceed ....................... 50,000 gallons
27 (i) A wine-maker's retail license shall allow the
28 licensee to sell and offer for sale at retail in the premises
29 specified in such license not more than 50,000 gallons of
30 wine per year for use or consumption, but not for resale in
31 any form; this license shall be issued only to a person
32 licensed as a first-class or second-class wine-maker. A
33 wine-maker's retail licensee, upon receiving permission from
34 the Commission, may conduct business at a second location
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1 that is separate from the location specified in its
2 wine-maker's retail license. One wine-maker's retail
3 license-second location may be issued to a wine-maker's
4 retail licensee allowing the licensee to sell and offer for
5 sale at retail in the premises specified in the wine-maker's
6 retail license-second location up to 50,000 gallons of wine
7 that was produced at the licensee's first location per year
8 for use and consumption and not for resale.
9 (j) An airplane license shall permit the licensee to
10 import alcoholic liquors into this State from any point in
11 the United States outside this State and to store such
12 alcoholic liquors in this State; to make wholesale purchases
13 of alcoholic liquors directly from manufacturers, foreign
14 importers, distributors and importing distributors from
15 within or outside this State; and to store such alcoholic
16 liquors in this State; provided that the above powers may be
17 exercised only in connection with the importation, purchase
18 or storage of alcoholic liquors to be sold or dispensed on an
19 airplane; and provided further, that airplane licensees
20 exercising the above powers shall be subject to all
21 provisions of Article VIII of this Act as applied to
22 importing distributors. An airplane licensee shall also
23 permit the sale or dispensing of alcoholic liquors on any
24 passenger airplane regularly operated by a common carrier in
25 this State, but shall not permit the sale for resale of any
26 alcoholic liquors to any licensee within this State. A
27 single airplane license shall be required of an airline
28 company if liquor service is provided on board aircraft in
29 this State. The annual fee for such license shall be as
30 determined in Section 5-3.
31 (k) A foreign importer's license shall permit such
32 licensee to purchase alcoholic liquor from Illinois licensed
33 non-resident dealers only, and to import alcoholic liquor
34 other than in bulk from any point outside the United States
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1 and to sell such alcoholic liquor to Illinois licensed
2 importing distributors and to no one else in Illinois.
3 (l) (i) A broker's license shall be required of all
4 persons brokers who solicit orders for, offer to sell or
5 offer to supply alcoholic liquor to retailers in the State of
6 Illinois, or who offer to retailers to ship or cause to be
7 shipped or to make contact with 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
16 offered for sale to such retailer by a broker unless the
17 broker is the holder of a valid broker's license.
18 The broker shall, upon the acceptance by a retailer of
19 the broker's solicitation of an order or offer to sell or
20 supply or deliver or have delivered alcoholic liquors,
21 promptly forward to the Illinois Liquor Control Commission a
22 notification of said transaction in such form as the
23 Commission may by regulations prescribe.
24 (ii) A broker's license shall be required of all persons
25 within this State, other than retail licensees, who promote,
26 solicit, or accept orders for alcoholic liquor, for use or
27 consumption and not for resale, to be delivered to residents
28 of this State by an express company, common carrier, or
29 contract carrier. This Section does not apply to any person
30 who promotes, solicits, or accepts orders for wine as
31 specifically authorized in Section 6-29 of this Act.
32 A broker's Such license under this subsection (1) shall
33 not entitle the holder to buy or sell any alcoholic liquors
34 for his own account or to take or deliver title to such
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1 alcoholic liquors.
2 This subsection (l) shall not apply to distributors,
3 employees of distributors, or employees of a manufacturer who
4 has registered the trademark, brand or name of the alcoholic
5 liquor pursuant to Section 6-9 of this Act, and who regularly
6 sells such alcoholic liquor in the State of Illinois only to
7 its registrants thereunder.
8 Any agent, representative, or person subject to
9 registration pursuant to subsection (a-1) of this Section
10 shall not be eligible to receive a broker's license.
11 (m) A non-resident dealer's license shall permit such
12 licensee to ship into and warehouse alcoholic liquor into
13 this State from any point outside of this State, and to sell
14 such alcoholic liquor to Illinois licensed foreign importers
15 and importing distributors and to no one else in this State;
16 provided that said non-resident dealer shall register with
17 the Illinois Liquor Control Commission each and every brand
18 of alcoholic liquor which it proposes to sell to Illinois
19 licensees during the license period; and further provided
20 that it shall comply with all of the provisions of Section
21 6-9 hereof with respect to registration of such Illinois
22 licensees as may be granted the right to sell such brands at
23 wholesale.
24 (n) A brew pub license shall allow the licensee to
25 manufacture beer only on the premises specified in the
26 license, to make sales of the beer manufactured on the
27 premises to importing distributors, distributors, and to
28 non-licensees for use and consumption, to store the beer upon
29 the premises, and to sell and offer for sale at retail from
30 the licensed premises, provided that a brew pub licensee
31 shall not sell for off-premises consumption more than 50,000
32 gallons per year.
33 (o) A caterer retailer license shall allow the holder to
34 serve alcoholic liquors as an incidental part of a food
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1 service that serves prepared meals which excludes the serving
2 of snacks as the primary meal, either on or off-site whether
3 licensed or unlicensed.
4 (p) An auction liquor license shall allow the licensee
5 to sell and offer for sale at auction wine and spirits for
6 use or consumption, or for resale by an Illinois liquor
7 licensee in accordance with provisions of this Act. An
8 auction liquor license will be issued to a person and it will
9 permit the auction liquor licensee to hold the auction
10 anywhere in the State. An auction liquor license must be
11 obtained for each auction at least 14 days in advance of the
12 auction date.
13 (q) A special use permit license shall allow an Illinois
14 licensed retailer to transfer a portion of its alcoholic
15 liquor inventory from its retail licensed premises to the
16 premises specified in the license hereby created, and to sell
17 or offer for sale at retail, only in the premises specified
18 in the license hereby created, the transferred alcoholic
19 liquor for use or consumption, but not for resale in any
20 form. A special use permit license may be granted for the
21 following time periods: one day or less; 2 or more days to a
22 maximum of 15 days per location in any 12 month period. An
23 applicant for the special use permit license must also submit
24 with the application proof satisfactory to the State
25 Commission that the applicant will provide dram shop
26 liability insurance to the maximum limits and have local
27 authority approval.
28 (Source: P.A. 89-45, eff. 6-23-95; 89-218, eff. 1-1-96;
29 89-626, eff. 8-9-96; 90-77, eff. 7-8-97; 90-432, eff. 1-1-98;
30 revised 11-5-97.)
31 (235 ILCS 5/6-16) (from Ch. 43, par. 131)
32 Sec. 6-16. Prohibited sales and possession.
33 (a) (i) No licensee nor any officer, associate, member,
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1 representative, agent, or employee of such licensee shall
2 sell, give, or deliver alcoholic liquor to any person under
3 the age of 21 years or to any intoxicated person, except as
4 provided in Section 6-16.1 16.1. (ii) No express company,
5 common carrier, or contract carrier that carries or
6 transports alcoholic liquor for delivery within this State
7 shall give or deliver alcoholic liquor to any person in this
8 State under the age of 21 years or to any intoxicated person.
9 An express company, common carrier, or contract carrier that
10 carries or transports alcoholic liquor for delivery within
11 this State shall obtain a signature acknowledging receipt of
12 the alcoholic liquor by a person who is at least 21 years of
13 age. (iii) No person, after purchasing or otherwise
14 obtaining alcoholic liquor, shall sell, give, or deliver such
15 alcoholic liquor to another person under the age of 21 years,
16 except in the performance of a religious ceremony or service.
17 Any person who violates the provisions of item (i), (ii), or
18 (iii) of this paragraph of this subsection (a) is guilty of a
19 Class A misdemeanor and the person's sentence shall include,
20 but shall not be limited to, a fine of not less than $500.
21 If a licensee or officer, associate, member,
22 representative, agent, or employee of the licensee, or a
23 representative, agent, or employee of an express company,
24 common carrier, or contract carrier that carries or
25 transports alcoholic liquor for delivery within this State,
26 is prosecuted under this paragraph of this subsection (a) for
27 selling, giving, or delivering alcoholic liquor to a person
28 under the age of 21 years, the person under 21 years of age
29 who attempted to buy or receive the alcoholic liquor may be
30 prosecuted pursuant to Section 6-20 of this Act, unless the
31 person under 21 years of age was acting under the authority
32 of a law enforcement agency, the Illinois Liquor Control
33 Commission, or a local liquor control commissioner pursuant
34 to a plan or action to investigate, patrol, or conduct any
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1 similar enforcement action.
2 For the purpose of preventing the violation of this
3 Section, any licensee, or his agent or employee, or a
4 representative, agent, or employee of an express company,
5 common carrier, or contract carrier that carries or
6 transports alcoholic liquor for delivery within this State,
7 may refuse to sell, deliver, or serve alcoholic beverages to
8 any person who is unable to produce adequate written evidence
9 of identity and of the fact that he or she is over the age of
10 21 years.
11 Adequate written evidence of age and identity of the
12 person is a document issued by a federal, state, county, or
13 municipal government, or subdivision or agency thereof,
14 including, but not limited to, a motor vehicle operator's
15 license, a registration certificate issued under the Federal
16 Selective Service Act, or an identification card issued to a
17 member of the Armed Forces. Proof that the
18 defendant-licensee, or his employee or agent, demanded, was
19 shown and reasonably relied upon such written evidence in any
20 transaction forbidden by this Section is an affirmative
21 defense in any criminal prosecution therefor or to any
22 proceedings for the suspension or revocation of any license
23 based thereon. It shall not, however, be an affirmative
24 defense if the agent or employee accepted the written
25 evidence knowing it to be false or fraudulent. If a false or
26 fraudulent Illinois driver's license or Illinois
27 identification card is presented by a person less than 21
28 years of age to a licensee or the licensee's agent or
29 employee for the purpose of ordering, purchasing, attempting
30 to purchase, or otherwise obtaining or attempting to obtain
31 the serving of any alcoholic beverage, the law enforcement
32 officer or agency investigating the incident shall, upon the
33 conviction of the person who presented the fraudulent license
34 or identification, make a report of the matter to the
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1 Secretary of State on a form provided by the Secretary of
2 State.
3 However, no agent or employee of the licensee shall be
4 disciplined or discharged for selling or furnishing liquor to
5 a person under 21 years of age if the agent or employee
6 demanded and was shown, before furnishing liquor to a person
7 under 21 years of age, adequate written evidence of age and
8 identity of the person issued by a federal, state, county or
9 municipal government, or subdivision or agency thereof,
10 including but not limited to a motor vehicle operator's
11 license, a registration certificate issued under the Federal
12 Selective Service Act, or an identification card issued to a
13 member of the Armed Forces. This paragraph, however, shall
14 not apply if the agent or employee accepted the written
15 evidence knowing it to be false or fraudulent.
16 Any person who sells, gives, or furnishes to any person
17 under the age of 21 years any false or fraudulent written,
18 printed, or photostatic evidence of the age and identity of
19 such person or who sells, gives or furnishes to any person
20 under the age of 21 years evidence of age and identification
21 of any other person is guilty of a Class A misdemeanor and
22 the person's sentence shall include, but shall not be limited
23 to, a fine of not less than $500.
24 Any person under the age of 21 years who presents or
25 offers to any licensee, his agent or employee, any written,
26 printed or photostatic evidence of age and identity that is
27 false, fraudulent, or not actually his or her own for the
28 purpose of ordering, purchasing, attempting to purchase or
29 otherwise procuring or attempting to procure, the serving of
30 any alcoholic beverage, or who has in his or her possession
31 any false or fraudulent written, printed, or photostatic
32 evidence of age and identity, is guilty of a Class A
33 misdemeanor and the person's sentence shall include, but
34 shall not be limited to, the following: a fine of not less
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1 than $500 and at least 25 hours of community service. If
2 possible, any community service shall be performed for an
3 alcohol abuse prevention program.
4 Any person under the age of 21 years who has any
5 alcoholic beverage in his or her possession on any street or
6 highway or in any public place or in any place open to the
7 public is guilty of a Class A misdemeanor. This Section does
8 not apply to possession by a person under the age of 21 years
9 making a delivery of an alcoholic beverage in pursuance of
10 the order of his or her parent or in pursuance of his or her
11 employment.
12 (a-1) It is unlawful for any parent or guardian to
13 permit his or her residence to be used by an invitee of the
14 parent's child or the guardian's ward, if the invitee is
15 under the age of 21, in a manner that constitutes a violation
16 of this Section. A parent or guardian is deemed to have
17 permitted his or her residence to be used in violation of
18 this Section if he or she knowingly authorizes, enables, or
19 permits such use to occur by failing to control access to
20 either the residence or the alcoholic liquor maintained in
21 the residence. Any person who violates this subsection (a-1)
22 is guilty of a Class A misdemeanor and the person's sentence
23 shall include, but shall not be limited to, a fine of not
24 less than $500. Nothing in this subsection (a-1) shall be
25 construed to prohibit the giving of alcoholic liquor to a
26 person under the age of 21 years in the performance of a
27 religious ceremony or service.
28 (b) Except as otherwise provided in this Section whoever
29 violates this Section shall, in addition to other penalties
30 provided for in this Act, be guilty of a Class A misdemeanor.
31 (c) Any person shall be guilty of a Class A misdemeanor
32 where he or she knowingly permits a gathering at a residence
33 which he or she occupies of two or more persons where any one
34 or more of the persons is under 21 years of age and the
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1 following factors also apply:
2 (1) the person occupying the residence knows that
3 any such person under the age of 21 is in possession of
4 or is consuming any alcoholic beverage; and
5 (2) the possession or consumption of the alcohol by
6 the person under 21 is not otherwise permitted by this
7 Act; and
8 (3) the person occupying the residence knows that
9 the person under the age of 21 leaves the residence in an
10 intoxicated condition.
11 For the purposes of this subsection (c) where the
12 residence has an owner and a tenant or lessee, there is a
13 rebuttable presumption that the residence is occupied only by
14 the tenant or lessee.
15 (d) Any person who rents a hotel or motel room from the
16 proprietor or agent thereof for the purpose of or with the
17 knowledge that such room shall be used for the consumption of
18 alcoholic liquor by persons under the age of 21 years shall
19 be guilty of a Class A misdemeanor.
20 (Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97;
21 90-432, eff. 1-1-98; revised 11-5-97.)
22 (235 ILCS 5/6-17.2 new)
23 Sec. 6-17.2. Importation of alcoholic liquor into this
24 State. A person who imports into this State from any point
25 in the United States outside this State, whether for himself
26 or for another, any alcoholic liquor for sale or resale is
27 required to hold a license issued by the Commission in
28 accordance with this Act, except as otherwise expressly
29 authorized by this Act.
30 (235 ILCS 5/6-29.1 new)
31 Sec. 6-29.1. Direct shipments of alcoholic liquor.
32 Pursuant to the Twenty-First Amendment of the United States
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1 Constitution allowing states to regulate the distribution and
2 sale of alcoholic liquor and pursuant to the federal
3 Webb-Kenyon Act declaring that alcoholic liquor shipped in
4 interstate commerce must comply with state laws, the General
5 Assembly hereby finds and declares that selling alcoholic
6 liquor from a point outside this State directly to residents
7 of this State poses a serious threat to public health,
8 safety, and welfare; to State revenue collections; and to the
9 economy of this State. The General Assembly further finds
10 and declares that the current penalties for shipment or
11 transportation of alcoholic liquor in violation of this Act
12 are not adequate to prevent the selling of alcoholic liquor
13 to persons under 21 years of age and to prevent persons under
14 21 years of age from ordering or purchasing alcoholic liquor
15 through various direct marketing means, such as catalogs,
16 newspapers, mailers, and the Internet.
17 Any out-of-state person manufacturing, distributing, or
18 selling alcoholic liquor who knowingly ships or transports or
19 causes the shipping or transportation of any alcoholic liquor
20 from a point outside this State to a person in this State who
21 does not hold a manufacturer's, distributor's, importing
22 distributor's, or non-resident dealer's license issued by the
23 Liquor Control Commission, other than a shipment of
24 sacramental wine to a bona fide religious organization, a
25 shipment authorized by Section 6-29, or any other shipment
26 authorized by this Act, is in violation of this Act.
27 The Commission, upon determining, after investigation,
28 that a person has violated this Section, shall give notice to
29 the person by certified mail to cease and desist all
30 shipments of alcoholic liquor into this State and to withdraw
31 from this State within 5 working days after receipt of the
32 notice all shipments of alcoholic liquor then in transit.
33 Whenever the Commission has reason to believe that a
34 person has failed to comply with the Commission notice under
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1 this Section, it shall notify the Department of Revenue and
2 file a complaint with the State's Attorney of the county
3 where the alcoholic liquor was delivered or with appropriate
4 law enforcement officials.
5 Failure to comply with the notice issued by the
6 Commission under this Section constitutes a business offense
7 for which the person shall be fined not more than $1,000 for
8 a first offense, not more than $5,000 for a second offense,
9 and not more than $10,000 for a third or subsequent offense.
10 Each shipment of alcoholic liquor delivered in violation of
11 the cease and desist notice shall constitute a separate
12 offense.
13 (235 ILCS 5/10-1) (from Ch. 43, par. 183)
14 Sec. 10-1. Violations; penalties. (a) Whereas a
15 substantial threat to the sound and careful control,
16 regulation, and taxation of the manufacture, sale, and
17 distribution of alcoholic liquors exists by virtue of
18 individuals who manufacture, import, distribute, or sell
19 alcoholic liquors within the State without having first
20 obtained a valid license to do so, and whereas such threat is
21 especially serious along the borders of this State, and
22 whereas such threat requires immediate correction by this
23 Act, by active investigation and prosecution by law
24 enforcement officials and prosecutors, and by prompt and
25 strict enforcement through the courts of this State to punish
26 violators and to deter such conduct in the future:;
27 (a) Any person who manufactures, imports for
28 distribution or use, or distributes or sells alcoholic liquor
29 at any place within the State without having first obtained a
30 valid license to do so under the provisions of this Act shall
31 be guilty of a business offense and fined not more than
32 $1,000 for the first such offense and shall be guilty of a
33 Class 4 felony for each subsequent offense.
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1 (b) (1) Any retailer, licensed in this State, who
2 knowingly causes to furnish, give, sell, or otherwise being
3 within the State, any alcoholic liquor destined to be used,
4 distributed, consumed or sold in another state, unless such
5 alcoholic liquor was received in this State by a duly
6 licensed distributor, or importing distributors shall have
7 his license suspended for 7 days for the first offense and
8 for the second offense, shall have his license revoked by the
9 Commission.
10 (2) Any retailer licensed in this State who knowingly
11 ships or transports or causes to be shipped or transported
12 any alcoholic liquor into another state in violation of that
13 state's laws shall have its license suspended for 7 days for
14 the first offense and, for the second offense, shall have its
15 license revoked by the Commission. The Commission shall
16 inspect the retail licensee's books and records upon receipt
17 of a complaint that the retail licensee shipped or
18 transported or caused to be shipped or transported alcoholic
19 liquor into another state in violation of that state's laws.
20 Falsifying or failure to maintain records shall be cause for
21 an immediate revocation of a retailer's license.
22 (c) Any person who shall make any false statement or
23 otherwise violates any of the provisions of this Act in
24 obtaining any license hereunder, or who having obtained a
25 license hereunder shall violate any of the provisions of this
26 Act with respect to the manufacture, possession, distribution
27 or sale of alcoholic liquor, or with respect to the
28 maintenance of the licensed premises, or shall violate any
29 other provision of this Act, shall for a first offense be
30 guilty of a petty offense and fined not more than $500, and
31 for a second or subsequent offense shall be guilty of a Class
32 B misdemeanor.
33 (d) Each day any person engages in business as a
34 manufacturer, foreign importer, importing distributor,
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1 distributor or retailer in violation of the provisions of
2 this Act shall constitute a separate offense.
3 (e) Any person, under the age of 21 years who, for the
4 purpose of buying, accepting or receiving alcoholic liquor
5 from a licensee, represents that he is 21 years of age or
6 over shall be guilty of a Class A misdemeanor.
7 (f) In addition to the penalties herein provided, any
8 person licensed as a wine-maker in either class who
9 manufactures more wine than authorized by his license shall
10 be guilty of a business offense and shall be fined $1 for
11 each gallon so manufactured.
12 (g) A person shall be exempt from prosecution for a
13 violation of this Act if he is a peace officer in the
14 enforcement of the criminal laws and such activity is
15 approved in writing by one of the following:
16 (1) In all counties, the respective State's
17 Attorney;
18 (2) The Director of State Police under Section 55a
19 of The Civil Administrative Code of Illinois; or
20 (3) In cities over 1,000,000, the Superintendent of
21 Police.
22 (Source: P.A. 86-445.)
23 Section 99. Effective date. This Act takes effect
24 January 1, 1999.".