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90_HB2700sam002
LRB9009629LDdvam14
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, 8-12, 10-1,
6 and 10-7.1 and 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, 8-12, 10-1,
11 and 10-7.1 and 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 for a fee or commission, promotes, solicits, or accepts
20 orders for alcoholic liquor, for use or consumption and not
21 for resale, to be shipped from this State and delivered to
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1 residents outside of this State by an express company, common
2 carrier, or contract carrier. This Section does not apply to
3 any person who promotes, solicits, or accepts orders for wine
4 as specifically authorized in Section 6-29 of this Act.
5 (Source: P.A. 82-783.)
6 (235 ILCS 5/2-1) (from Ch. 43, par. 96)
7 Sec. 2-1. No person shall manufacture, bottle, blend,
8 sell, barter, transport, transfer into this State from a
9 point outside this State, deliver, furnish or possess any
10 alcoholic liquor for beverage purposes, unless such person
11 has been issued a license by the Commission or except as
12 permitted by Section 6-29 of this Act or except except as
13 otherwise specifically provided in this Act;, provided,
14 however, nothing herein contained shall prevent the
15 possession and transportation of alcoholic liquor by the
16 possessor for the personal use of the possessor, his family
17 and guests, nor prevent the making of wine, cider or other
18 alcoholic liquor by a person from fruits, vegetables or
19 grains, or the products thereof, by simple fermentation and
20 without distillation, if it is made solely for the use of the
21 maker, his family and his guests; and provided further that
22 nothing herein contained shall prevent any duly licensed
23 practicing physician or dentist from possessing or using
24 alcoholic liquor in the strict practice of his profession, or
25 any hospital or other institution caring for sick and
26 diseased persons, from possessing and using alcoholic liquor
27 for the treatment of bona fide patients of such hospital or
28 other institution; and provided further that any drug store
29 employing a licensed pharmacist may possess and use alcoholic
30 liquors in the concoction of prescriptions of duly licensed
31 physicians; and provided further, that the possession and
32 dispensation of wine by an authorized representative of any
33 church for the purpose of conducting any bona fide rite or
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1 religious ceremony conducted by such church shall not be
2 prohibited by this Act.
3 (Source: P.A. 82-783.)
4 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
5 Sec. 3-12. (a) The State commission shall have the
6 following powers, functions and duties:
7 (1) To receive applications and to issue licenses to
8 manufacturers, foreign importers, importing distributors,
9 distributors, non-resident dealers, on premise consumption
10 retailers, off premise sale retailers, special event retailer
11 licensees, special use permit licenses, auction liquor
12 licenses, brew pubs, caterer retailers, non-beverage users,
13 railroads, including owners and lessees of sleeping, dining
14 and cafe cars, airplanes, and boats, brokers, and wine
15 maker's retail licensees in accordance with the provisions of
16 this Act, and to suspend or revoke such licenses upon the
17 State commission's determination, upon notice after hearing,
18 that a licensee has violated any provision of this Act or any
19 rule or regulation issued pursuant thereto and in effect for
20 30 days prior to such violation.
21 In lieu of suspending or revoking a license, the
22 commission may impose a fine, upon the State commission's
23 determination and notice after hearing, that a licensee has
24 violated any provision of this Act or any rule or regulation
25 issued pursuant thereto and in effect for 30 days prior to
26 such violation. The fine imposed under this paragraph may
27 not exceed $500 for each violation. Each day that the
28 activity, which gave rise to the original fine, continues is
29 a separate violation. The maximum fine that may be levied
30 against any licensee, for the period of the license, shall
31 not exceed $20,000. The maximum penalty that may be imposed
32 on a licensee for selling a bottle of alcoholic liquor with a
33 foreign object in it or serving from a bottle of alcoholic
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1 liquor with a foreign object in it shall be the destruction
2 of that bottle of alcoholic liquor for the first 10 bottles
3 so sold or served from by the licensee. For the eleventh
4 bottle of alcoholic liquor and for each third bottle
5 thereafter sold or served from by the licensee with a foreign
6 object in it, the maximum penalty that may be imposed on the
7 licensee is the destruction of the bottle of alcoholic liquor
8 and a fine of up to $50.
9 (2) To adopt such rules and regulations consistent with
10 the provisions of this Act which shall be necessary to carry
11 on its functions and duties to the end that the health,
12 safety and welfare of the People of the State of Illinois
13 shall be protected and temperance in the consumption of
14 alcoholic liquors shall be fostered and promoted and to
15 distribute copies of such rules and regulations to all
16 licensees affected thereby.
17 (3) To call upon other administrative departments of the
18 State, county and municipal governments, county and city
19 police departments and upon prosecuting officers for such
20 information and assistance as it deems necessary in the
21 performance of its duties.
22 (4) To recommend to local commissioners rules and
23 regulations, not inconsistent with the law, for the
24 distribution and sale of alcoholic liquors throughout the
25 State.
26 (5) To inspect, or cause to be inspected, any premises
27 in this State where alcoholic liquors are manufactured,
28 distributed, warehoused, or sold.
29 (5.1) Upon receipt of a complaint or upon having
30 knowledge that any person is engaged in business as a
31 manufacturer, importing distributor, distributor, or retailer
32 without a license or valid license, to notify the local
33 liquor authority, file a complaint with the State's
34 Attorney's Office of the county where the incident occurred,
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1 or initiate an investigation with the appropriate law
2 enforcement officials.
3 (5.2) To issue a cease and desist notice to persons
4 shipping alcoholic liquor into this State from a point
5 outside of this State if the shipment is in violation of this
6 Act.
7 (6) To hear and determine appeals from orders of a local
8 commission in accordance with the provisions of this Act, as
9 hereinafter set forth. Hearings under this subsection shall
10 be held in Springfield or Chicago, at whichever location is
11 the more convenient for the majority of persons who are
12 parties to the hearing.
13 (7) The commission shall establish uniform systems of
14 accounts to be kept by all retail licensees having more than
15 4 employees, and for this purpose the commission may classify
16 all retail licensees having more than 4 employees and
17 establish a uniform system of accounts for each class and
18 prescribe the manner in which such accounts shall be kept.
19 The commission may also prescribe the forms of accounts to be
20 kept by all retail licensees having more than 4 employees,
21 including but not limited to accounts of earnings and
22 expenses and any distribution, payment, or other distribution
23 of earnings or assets, and any other forms, records and
24 memoranda which in the judgment of the commission may be
25 necessary or appropriate to carry out any of the provisions
26 of this Act, including but not limited to such forms, records
27 and memoranda as will readily and accurately disclose at all
28 times the beneficial ownership of such retail licensed
29 business. The accounts, forms, records and memoranda shall
30 be available at all reasonable times for inspection by
31 authorized representatives of the State commission or by any
32 local liquor control commissioner or his or her authorized
33 representative. The commission, may, from time to time,
34 alter, amend or repeal, in whole or in part, any uniform
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1 system of accounts, or the form and manner of keeping
2 accounts.
3 (8) In the conduct of any hearing authorized to be held
4 by the commission, to examine, or cause to be examined, under
5 oath, any licensee, and to examine or cause to be examined
6 the books and records of such licensee; to hear testimony and
7 take proof material for its information in the discharge of
8 its duties hereunder; to administer or cause to be
9 administered oaths; and for any such purpose to issue
10 subpoena or subpoenas to require the attendance of witnesses
11 and the production of books, which shall be effective in any
12 part of this State.
13 Any Circuit Court may by order duly entered, require the
14 attendance of witnesses and the production of relevant books
15 subpoenaed by the State commission and the court may compel
16 obedience to its order by proceedings for contempt.
17 (9) To investigate the administration of laws in
18 relation to alcoholic liquors in this and other states and
19 any foreign countries, and to recommend from time to time to
20 the Governor and through him or her to the legislature of
21 this State, such amendments to this Act, if any, as it may
22 think desirable and as will serve to further the general
23 broad purposes contained in Section 1-2 hereof.
24 (10) To adopt such rules and regulations consistent with
25 the provisions of this Act which shall be necessary for the
26 control, sale or disposition of alcoholic liquor damaged as a
27 result of an accident, wreck, flood, fire or other similar
28 occurrence.
29 (11) To develop industry educational programs related to
30 responsible serving and selling, particularly in the areas of
31 overserving consumers and illegal underage purchasing and
32 consumption of alcoholic beverages.
33 (12) To develop and maintain a repository of license and
34 regulatory information.
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1 (13) On or before January 15, 1994, the Commission shall
2 issue a written report to the Governor and General Assembly
3 that is to be based on a comprehensive study of the impact on
4 and implications for the State of Illinois of Section 1926 of
5 the Federal ADAMHA Reorganization Act of 1992 (Public Law
6 102-321). This study shall address the extent to which
7 Illinois currently complies with the provisions of P.L.
8 102-321 and the rules promulgated pursuant thereto.
9 As part of its report, the Commission shall provide the
10 following essential information:
11 (i) the number of retail distributors of tobacco
12 products, by type and geographic area, in the State;
13 (ii) the number of reported citations and
14 successful convictions, categorized by type and location
15 of retail distributor, for violation of the Sale of
16 Tobacco to Minors Act and the Smokeless Tobacco
17 Limitation Act;
18 (iii) the extent and nature of organized
19 educational and governmental activities that are intended
20 to promote, encourage or otherwise secure compliance with
21 any Illinois laws that prohibit the sale or distribution
22 of tobacco products to minors; and
23 (iv) the level of access and availability of
24 tobacco products to individuals under the age of 18.
25 To obtain the data necessary to comply with the
26 provisions of P.L. 102-321 and the requirements of this
27 report, the Commission shall conduct random, unannounced
28 inspections of a geographically and scientifically
29 representative sample of the State's retail tobacco
30 distributors.
31 The Commission shall consult with the Department of
32 Public Health, the Department of Human Services, the Illinois
33 State Police and any other executive branch agency, and
34 private organizations that may have information relevant to
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1 this report.
2 The Commission may contract with the Food and Drug
3 Administration of the U.S. Department of Health and Human
4 Services to conduct unannounced investigations of Illinois
5 tobacco vendors to determine compliance with federal laws
6 relating to the illegal sale of cigarettes and smokeless
7 tobacco products to persons under the age of 18.
8 (b) On or before April 30, 1999, the Commission shall
9 present a written report to the Governor and the General
10 Assembly that shall be based on a study of the impact of this
11 amendatory Act of 1998 on the business of soliciting,
12 selling, and shipping alcoholic liquor from outside of this
13 State directly to residents of this State.
14 As part of its report, the Commission shall provide the
15 following information:
16 (i) the amount of State excise and sales tax
17 revenues generated as a result of this amendatory Act of
18 1998;
19 (ii) the amount of licensing fees received as a
20 result of this amendatory Act of 1998;
21 (iii) the number of reported violations, the number
22 of cease and desist notices issued by the Commission, the
23 number of notices of violations issued to the Department
24 of Revenue, and the number of notices and complaints of
25 violations to law enforcement officials.
26 (Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432,
27 eff. 1-1-98; revised 11-5-97.)
28 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
29 Sec. 5-1. Licenses issued by the Illinois Liquor Control
30 Commission shall be of the following classes:
31 (a) Manufacturer's license - Class 1. Distiller, Class
32 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
33 Manufacturer, Class 5. Second Class Wine Manufacturer,
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1 Class 6. First Class Winemaker, Class 7. Second Class
2 Winemaker, Class 8. Limited Wine Manufacturer,
3 (b) Distributor's license,
4 (c) Importing Distributor's license,
5 (d) Retailer's license,
6 (e) Special Event Retailer's license (not-for-profit),
7 (f) Railroad license,
8 (g) Boat license,
9 (h) Non-Beverage User's license,
10 (i) Wine-maker's retail license,
11 (j) Airplane license,
12 (k) Foreign importer's license,
13 (l) Broker's license,
14 (m) Non-resident dealer's license,
15 (n) Brew Pub license,
16 (o) Auction liquor license,
17 (p) Caterer retailer license,
18 (q) Special use permit license.
19 Nothing in this provision, nor in any subsequent
20 provision of this Act shall be interpreted as forbidding an
21 individual or firm from concurrently obtaining and holding a
22 Winemaker's and a Wine manufacturer's license.
23 (a) A manufacturer's license shall allow the
24 manufacture, importation in bulk, storage, distribution and
25 sale of alcoholic liquor to persons without the State, as may
26 be permitted by law and to licensees in this State as
27 follows:
28 Class 1. A Distiller may make sales and deliveries of
29 alcoholic liquor to distillers, rectifiers, importing
30 distributors, distributors and non-beverage users and to no
31 other licensees.
32 Class 2. A Rectifier, who is not a distiller, as defined
33 herein, may make sales and deliveries of alcoholic liquor to
34 rectifiers, importing distributors, distributors, retailers
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1 and non-beverage users and to no other licensees.
2 Class 3. A Brewer may make sales and deliveries of beer
3 to importing distributors, distributors, and to
4 non-licensees, and to retailers provided the brewer obtains
5 an importing distributor's license or distributor's license
6 in accordance with the provisions of this Act.
7 Class 4. A first class wine-manufacturer may make sales
8 and deliveries of between 40,000 and 50,000 gallons of wine
9 to manufacturers, importing distributors and distributors,
10 and to no other licensees.
11 Class 5. A second class Wine manufacturer may make sales
12 and deliveries of more than 50,000 gallons of wine to
13 manufacturers, importing distributors and distributors and to
14 no other licensees.
15 Class 6. A first-class wine-maker's license shall allow
16 the manufacture of less than 20,000 gallons of wine per year,
17 and the storage and sale of such wine to distributors and
18 retailers in the State and to persons without the State, as
19 may be permitted by law.
20 Class 7. A second-class wine-maker's license shall allow
21 the manufacture of up to 50,000 gallons of wine per year, and
22 the storage and sale of such wine to distributors in this
23 State and to persons without the State, as may be permitted
24 by law. A second-class wine-maker's license shall allow the
25 sale of no more than 10,000 gallons of the licensee's wine
26 directly to retailers.
27 Class 8. A limited wine-manufacturer may make sales and
28 deliveries not to exceed 40,000 gallons of wine per year to
29 distributors, and to non-licensees in accordance with the
30 provisions of this Act.
31 (a-1) A manufacturer which is licensed in this State to
32 make sales or deliveries of alcoholic liquor and which
33 enlists agents, representatives, or individuals acting on its
34 behalf who contact licensed retailers on a regular and
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1 continual basis in this State must register those agents,
2 representatives, or persons acting on its behalf with the
3 State Commission.
4 Registration of agents, representatives, or persons
5 acting on behalf of a manufacturer is fulfilled by submitting
6 a form to the Commission. The form shall be developed by the
7 Commission and shall include the name and address of the
8 applicant, the name and address of the manufacturer he or she
9 represents, the territory or areas assigned to sell to or
10 discuss pricing terms of alcoholic liquor, and any other
11 questions deemed appropriate and necessary. All statements
12 in the forms required to be made by law or by rule shall be
13 deemed material, and any person who knowingly misstates any
14 material fact under oath in an application is guilty of a
15 Class B misdemeanor. Fraud, misrepresentation, false
16 statements, misleading statements, evasions, or suppression
17 of material facts in the securing of a registration are
18 grounds for suspension or revocation of the registration.
19 (b) A distributor's license shall allow the wholesale
20 purchase and storage of alcoholic liquors and sale of
21 alcoholic liquors to licensees in this State and to persons
22 without the State, as may be permitted by law.
23 (c) An importing distributor's license may be issued to
24 and held by those only who are duly licensed distributors,
25 upon the filing of an application by a duly licensed
26 distributor, with the Commission and the Commission shall,
27 without the payment of any fee, immediately issue such
28 importing distributor's license to the applicant, which shall
29 allow the importation of alcoholic liquor by the licensee
30 into this State from any point in the United States outside
31 this State, and the purchase of alcoholic liquor in barrels,
32 casks or other bulk containers and the bottling of such
33 alcoholic liquors before resale thereof, but all bottles or
34 containers so filled shall be sealed, labeled, stamped and
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1 otherwise made to comply with all provisions, rules and
2 regulations governing manufacturers in the preparation and
3 bottling of alcoholic liquors. The importing distributor's
4 license shall permit such licensee to purchase alcoholic
5 liquor from Illinois licensed non-resident dealers and
6 foreign importers only.
7 (d) A retailer's license shall allow the licensee to
8 sell and offer for sale at retail, only in the premises
9 specified in such license, alcoholic liquor for use or
10 consumption, but not for resale in any form: Provided that
11 any retail license issued to a manufacturer shall only permit
12 such manufacturer to sell beer at retail on the premises
13 actually occupied by such manufacturer.
14 After January 1, 1995 there shall be 2 classes of
15 licenses issued under a retailers license.
16 (1) A "retailers on premise consumption license"
17 shall allow the licensee to sell and offer for sale at
18 retail, only on the premises specified in the license,
19 alcoholic liquor for use or consumption on the premises
20 or on and off the premises, but not for resale in any
21 form.
22 (2) An "off premise sale license" shall allow the
23 licensee to sell, or offer for sale at retail, alcoholic
24 liquor intended only for off premise consumption and not
25 for resale in any form.
26 Notwithstanding any other provision of this subsection
27 (d), a retail licensee may sell alcoholic liquors to a
28 special event retailer licensee for resale to the extent
29 permitted under subsection (e).
30 (e) A special event retailer's license (not-for-profit)
31 shall permit the licensee to purchase alcoholic liquors from
32 an Illinois licensed distributor (unless the licensee
33 purchases less than $500 of alcoholic liquors for the special
34 event, in which case the licensee may purchase the alcoholic
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1 liquors from a licensed retailer) and shall allow the
2 licensee to sell and offer for sale, at retail, alcoholic
3 liquors for use or consumption, but not for resale in any
4 form and only at the location and on the specific dates
5 designated for the special event in the license. An
6 applicant for a special event retailer license must also
7 submit with the application proof satisfactory to the State
8 Commission that the applicant will provide dram shop
9 liability insurance in the maximum limits and have local
10 authority approval.
11 (f) A railroad license shall permit the licensee to
12 import alcoholic liquors into this State from any point in
13 the United States outside this State and to store such
14 alcoholic liquors in this State; to make wholesale purchases
15 of alcoholic liquors directly from manufacturers, foreign
16 importers, distributors and importing distributors from
17 within or outside this State; and to store such alcoholic
18 liquors in this State; provided that the above powers may be
19 exercised only in connection with the importation, purchase
20 or storage of alcoholic liquors to be sold or dispensed on a
21 club, buffet, lounge or dining car operated on an electric,
22 gas or steam railway in this State; and provided further,
23 that railroad licensees exercising the above powers shall be
24 subject to all provisions of Article VIII of this Act as
25 applied to importing distributors. A railroad license shall
26 also permit the licensee to sell or dispense alcoholic
27 liquors on any club, buffet, lounge or dining car operated on
28 an electric, gas or steam railway regularly operated by a
29 common carrier in this State, but shall not permit the sale
30 for resale of any alcoholic liquors to any licensee within
31 this State. A license shall be obtained for each car in
32 which such sales are made.
33 (g) A boat license shall allow the sale of alcoholic
34 liquor in individual drinks, on any passenger boat regularly
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1 operated as a common carrier on navigable waters in this
2 State, which boat maintains a public dining room or
3 restaurant thereon.
4 (h) A non-beverage user's license shall allow the
5 licensee to purchase alcoholic liquor from a licensed
6 manufacturer or importing distributor, without the imposition
7 of any tax upon the business of such licensed manufacturer or
8 importing distributor as to such alcoholic liquor to be used
9 by such licensee solely for the non-beverage purposes set
10 forth in subsection (a) of Section 8-1 of this Act, and such
11 licenses shall be divided and classified and shall permit the
12 purchase, possession and use of limited and stated quantities
13 of alcoholic liquor as follows:
14 Class 1, not to exceed ....................... 500 gallons
15 Class 2, not to exceed ....................... 1,000 gallons
16 Class 3, not to exceed ....................... 5,000 gallons
17 Class 4, not to exceed ....................... 10,000 gallons
18 Class 5, not to exceed ....................... 50,000 gallons
19 (i) A wine-maker's retail license shall allow the
20 licensee to sell and offer for sale at retail in the premises
21 specified in such license not more than 50,000 gallons of
22 wine per year for use or consumption, but not for resale in
23 any form; this license shall be issued only to a person
24 licensed as a first-class or second-class wine-maker. A
25 wine-maker's retail licensee, upon receiving permission from
26 the Commission, may conduct business at a second location
27 that is separate from the location specified in its
28 wine-maker's retail license. One wine-maker's retail
29 license-second location may be issued to a wine-maker's
30 retail licensee allowing the licensee to sell and offer for
31 sale at retail in the premises specified in the wine-maker's
32 retail license-second location up to 50,000 gallons of wine
33 that was produced at the licensee's first location per year
34 for use and consumption and not for resale.
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1 (j) An airplane license shall permit the licensee to
2 import alcoholic liquors into this State from any point in
3 the United States outside this State and to store such
4 alcoholic liquors in this State; to make wholesale purchases
5 of alcoholic liquors directly from manufacturers, foreign
6 importers, distributors and importing distributors from
7 within or outside this State; and to store such alcoholic
8 liquors in this State; provided that the above powers may be
9 exercised only in connection with the importation, purchase
10 or storage of alcoholic liquors to be sold or dispensed on an
11 airplane; and provided further, that airplane licensees
12 exercising the above powers shall be subject to all
13 provisions of Article VIII of this Act as applied to
14 importing distributors. An airplane licensee shall also
15 permit the sale or dispensing of alcoholic liquors on any
16 passenger airplane regularly operated by a common carrier in
17 this State, but shall not permit the sale for resale of any
18 alcoholic liquors to any licensee within this State. A
19 single airplane license shall be required of an airline
20 company if liquor service is provided on board aircraft in
21 this State. The annual fee for such license shall be as
22 determined in Section 5-3.
23 (k) A foreign importer's license shall permit such
24 licensee to purchase alcoholic liquor from Illinois licensed
25 non-resident dealers only, and to import alcoholic liquor
26 other than in bulk from any point outside the United States
27 and to sell such alcoholic liquor to Illinois licensed
28 importing distributors and to no one else in Illinois.
29 (l) (i) A broker's license shall be required of all
30 persons brokers who solicit orders for, offer to sell or
31 offer to supply alcoholic liquor to retailers in the State of
32 Illinois, or who offer to retailers to ship or cause to be
33 shipped or to make contact with distillers, rectifiers,
34 brewers or manufacturers or any other party within or without
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1 the State of Illinois in order that alcoholic liquors be
2 shipped to a distributor, importing distributor or foreign
3 importer, whether such solicitation or offer is consummated
4 within or without the State of Illinois.
5 No holder of a retailer's license issued by the Illinois
6 Liquor Control Commission shall purchase or receive any
7 alcoholic liquor, the order for which was solicited or
8 offered for sale to such retailer by a broker unless the
9 broker is the holder of a valid broker's license.
10 The broker shall, upon the acceptance by a retailer of
11 the broker's solicitation of an order or offer to sell or
12 supply or deliver or have delivered alcoholic liquors,
13 promptly forward to the Illinois Liquor Control Commission a
14 notification of said transaction in such form as the
15 Commission may by regulations prescribe.
16 (ii) A broker's license shall be required of a person
17 within this State, other than a retail licensee, who, for a
18 fee or commission, promotes, solicits, or accepts orders for
19 alcoholic liquor, for use or consumption and not for resale,
20 to be shipped from this State and delivered to residents
21 outside of this State by an express company, common carrier,
22 or contract carrier. This Section does not apply to any
23 person who promotes, solicits, or accepts orders for wine as
24 specifically authorized in Section 6-29 of this Act.
25 A broker's Such license under this subsection (1) shall
26 not entitle the holder to buy or sell any alcoholic liquors
27 for his own account or to take or deliver title to such
28 alcoholic liquors.
29 This subsection (l) shall not apply to distributors,
30 employees of distributors, or employees of a manufacturer who
31 has registered the trademark, brand or name of the alcoholic
32 liquor pursuant to Section 6-9 of this Act, and who regularly
33 sells such alcoholic liquor in the State of Illinois only to
34 its registrants thereunder.
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1 Any agent, representative, or person subject to
2 registration pursuant to subsection (a-1) of this Section
3 shall not be eligible to receive a broker's license.
4 (m) A non-resident dealer's license shall permit such
5 licensee to ship into and warehouse alcoholic liquor into
6 this State from any point outside of this State, and to sell
7 such alcoholic liquor to Illinois licensed foreign importers
8 and importing distributors and to no one else in this State;
9 provided that said non-resident dealer shall register with
10 the Illinois Liquor Control Commission each and every brand
11 of alcoholic liquor which it proposes to sell to Illinois
12 licensees during the license period; and further provided
13 that it shall comply with all of the provisions of Section
14 6-9 hereof with respect to registration of such Illinois
15 licensees as may be granted the right to sell such brands at
16 wholesale.
17 (n) A brew pub license shall allow the licensee to
18 manufacture beer only on the premises specified in the
19 license, to make sales of the beer manufactured on the
20 premises to importing distributors, distributors, and to
21 non-licensees for use and consumption, to store the beer upon
22 the premises, and to sell and offer for sale at retail from
23 the licensed premises, provided that a brew pub licensee
24 shall not sell for off-premises consumption more than 50,000
25 gallons per year.
26 (o) A caterer retailer license shall allow the holder to
27 serve alcoholic liquors as an incidental part of a food
28 service that serves prepared meals which excludes the serving
29 of snacks as the primary meal, either on or off-site whether
30 licensed or unlicensed.
31 (p) An auction liquor license shall allow the licensee
32 to sell and offer for sale at auction wine and spirits for
33 use or consumption, or for resale by an Illinois liquor
34 licensee in accordance with provisions of this Act. An
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1 auction liquor license will be issued to a person and it will
2 permit the auction liquor licensee to hold the auction
3 anywhere in the State. An auction liquor license must be
4 obtained for each auction at least 14 days in advance of the
5 auction date.
6 (q) A special use permit license shall allow an Illinois
7 licensed retailer to transfer a portion of its alcoholic
8 liquor inventory from its retail licensed premises to the
9 premises specified in the license hereby created, and to sell
10 or offer for sale at retail, only in the premises specified
11 in the license hereby created, the transferred alcoholic
12 liquor for use or consumption, but not for resale in any
13 form. A special use permit license may be granted for the
14 following time periods: one day or less; 2 or more days to a
15 maximum of 15 days per location in any 12 month period. An
16 applicant for the special use permit license must also submit
17 with the application proof satisfactory to the State
18 Commission that the applicant will provide dram shop
19 liability insurance to the maximum limits and have local
20 authority approval.
21 (Source: P.A. 89-45, eff. 6-23-95; 89-218, eff. 1-1-96;
22 89-626, eff. 8-9-96; 90-77, eff. 7-8-97; 90-432, eff. 1-1-98;
23 revised 11-5-97.)
24 (235 ILCS 5/6-16) (from Ch. 43, par. 131)
25 Sec. 6-16. Prohibited sales and possession.
26 (a) (i) No licensee nor any officer, associate, member,
27 representative, agent, or employee of such licensee shall
28 sell, give, or deliver alcoholic liquor to any person under
29 the age of 21 years or to any intoxicated person, except as
30 provided in Section 6-16.1 16.1. (ii) No express company,
31 common carrier, or contract carrier that carries or
32 transports alcoholic liquor for delivery within this State
33 shall knowingly give or knowingly deliver to a residential
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1 address any shipping container clearly labeled as containing
2 alcoholic liquor and labeled as requiring signature of an
3 adult of at least 21 years of age to any person in this State
4 under the age of 21 years. An express company, common
5 carrier, or contract carrier that carries or transports such
6 alcoholic liquor for delivery within this State shall obtain
7 a signature acknowledging receipt of the alcoholic liquor by
8 an adult who is at least 21 years of age. (iii) No person,
9 after purchasing or otherwise obtaining alcoholic liquor,
10 shall sell, give, or deliver such alcoholic liquor to another
11 person under the age of 21 years, except in the performance
12 of a religious ceremony or service. Any person who violates
13 the provisions of item (i), (ii), or (iii) of this paragraph
14 of this subsection (a) is guilty of a Class A misdemeanor and
15 the person's sentence shall include, but shall not be limited
16 to, a fine of not less than $500.
17 If a licensee or officer, associate, member,
18 representative, agent, or employee of the licensee, or a
19 representative, agent, or employee of an express company,
20 common carrier, or contract carrier that carries or
21 transports alcoholic liquor for delivery within this State,
22 is prosecuted under this paragraph of this subsection (a) for
23 selling, giving, or delivering alcoholic liquor to a person
24 under the age of 21 years, the person under 21 years of age
25 who attempted to buy or receive the alcoholic liquor may be
26 prosecuted pursuant to Section 6-20 of this Act, unless the
27 person under 21 years of age was acting under the authority
28 of a law enforcement agency, the Illinois Liquor Control
29 Commission, or a local liquor control commissioner pursuant
30 to a plan or action to investigate, patrol, or conduct any
31 similar enforcement action.
32 For the purpose of preventing the violation of this
33 Section, any licensee, or his agent or employee, or a
34 representative, agent, or employee of an express company,
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1 common carrier, or contract carrier that carries or
2 transports alcoholic liquor for delivery within this State,
3 may refuse to sell, deliver, or serve alcoholic beverages to
4 any person who is unable to produce adequate written evidence
5 of identity and of the fact that he or she is over the age of
6 21 years.
7 Adequate written evidence of age and identity of the
8 person is a document 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. Proof that the
14 defendant-licensee, or his employee or agent, or the
15 representative, agent, or employee of the express company,
16 common carrier, or contract carrier that carries or
17 transports alcoholic liquor for delivery within this State
18 demanded, was shown and reasonably relied upon such written
19 evidence in any transaction forbidden by this Section is an
20 affirmative defense in any criminal prosecution therefor or
21 to any proceedings for the suspension or revocation of any
22 license based thereon. It shall not, however, be an
23 affirmative defense if the agent or employee accepted the
24 written evidence knowing it to be false or fraudulent. If a
25 false or fraudulent Illinois driver's license or Illinois
26 identification card is presented by a person less than 21
27 years of age to a licensee or the licensee's agent or
28 employee for the purpose of ordering, purchasing, attempting
29 to purchase, or otherwise obtaining or attempting to obtain
30 the serving of any alcoholic beverage, the law enforcement
31 officer or agency investigating the incident shall, upon the
32 conviction of the person who presented the fraudulent license
33 or identification, make a report of the matter to the
34 Secretary of State on a form provided by the Secretary of
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1 State.
2 However, no agent or employee of the licensee shall be
3 disciplined or discharged for selling or furnishing liquor to
4 a person under 21 years of age if the agent or employee
5 demanded and was shown, before furnishing liquor to a person
6 under 21 years of age, adequate written evidence of age and
7 identity of the person issued by a federal, state, county or
8 municipal government, or subdivision or agency thereof,
9 including but not limited to a motor vehicle operator's
10 license, a registration certificate issued under the Federal
11 Selective Service Act, or an identification card issued to a
12 member of the Armed Forces. This paragraph, however, shall
13 not apply if the agent or employee accepted the written
14 evidence knowing it to be false or fraudulent.
15 Any person who sells, gives, or furnishes to any person
16 under the age of 21 years any false or fraudulent written,
17 printed, or photostatic evidence of the age and identity of
18 such person or who sells, gives or furnishes to any person
19 under the age of 21 years evidence of age and identification
20 of any other person is guilty of a Class A misdemeanor and
21 the person's sentence shall include, but shall not be limited
22 to, a fine of not less than $500.
23 Any person under the age of 21 years who presents or
24 offers to any licensee, his agent or employee, any written,
25 printed or photostatic evidence of age and identity that is
26 false, fraudulent, or not actually his or her own for the
27 purpose of ordering, purchasing, attempting to purchase or
28 otherwise procuring or attempting to procure, the serving of
29 any alcoholic beverage, who falsely states in writing that he
30 or she is at least 21 years of age when receiving alcoholic
31 liquor from a representative, agent, or employee of an
32 express company, common carrier, or contract carrier, or who
33 has in his or her possession any false or fraudulent written,
34 printed, or photostatic evidence of age and identity, is
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1 guilty of a Class A misdemeanor and the person's sentence
2 shall include, but shall not be limited to, the following: a
3 fine of not less than $500 and at least 25 hours of community
4 service. If possible, any community service shall be
5 performed for an alcohol abuse prevention program.
6 Any person under the age of 21 years who has any
7 alcoholic beverage in his or her possession on any street or
8 highway or in any public place or in any place open to the
9 public is guilty of a Class A misdemeanor. This Section does
10 not apply to possession by a person under the age of 21 years
11 making a delivery of an alcoholic beverage in pursuance of
12 the order of his or her parent or in pursuance of his or her
13 employment.
14 (a-1) It is unlawful for any parent or guardian to
15 permit his or her residence to be used by an invitee of the
16 parent's child or the guardian's ward, if the invitee is
17 under the age of 21, in a manner that constitutes a violation
18 of this Section. A parent or guardian is deemed to have
19 permitted his or her residence to be used in violation of
20 this Section if he or she knowingly authorizes, enables, or
21 permits such use to occur by failing to control access to
22 either the residence or the alcoholic liquor maintained in
23 the residence. Any person who violates this subsection (a-1)
24 is guilty of a Class A misdemeanor and the person's sentence
25 shall include, but shall not be limited to, a fine of not
26 less than $500. Nothing in this subsection (a-1) shall be
27 construed to prohibit the giving of alcoholic liquor to a
28 person under the age of 21 years in the performance of a
29 religious ceremony or service.
30 (b) Except as otherwise provided in this Section whoever
31 violates this Section shall, in addition to other penalties
32 provided for in this Act, be guilty of a Class A misdemeanor.
33 (c) Any person shall be guilty of a Class A misdemeanor
34 where he or she knowingly permits a gathering at a residence
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1 which he or she occupies of two or more persons where any one
2 or more of the persons is under 21 years of age and the
3 following factors also apply:
4 (1) the person occupying the residence knows that
5 any such person under the age of 21 is in possession of
6 or is consuming any alcoholic beverage; and
7 (2) the possession or consumption of the alcohol by
8 the person under 21 is not otherwise permitted by this
9 Act; and
10 (3) the person occupying the residence knows that
11 the person under the age of 21 leaves the residence in an
12 intoxicated condition.
13 For the purposes of this subsection (c) where the
14 residence has an owner and a tenant or lessee, there is a
15 rebuttable presumption that the residence is occupied only by
16 the tenant or lessee.
17 (d) Any person who rents a hotel or motel room from the
18 proprietor or agent thereof for the purpose of or with the
19 knowledge that such room shall be used for the consumption of
20 alcoholic liquor by persons under the age of 21 years shall
21 be guilty of a Class A misdemeanor.
22 (Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97;
23 90-432, eff. 1-1-98; revised 11-5-97.)
24 (235 ILCS 5/6-17.2 new)
25 Sec. 6-17.2. Importation of alcoholic liquor into this
26 State. A person who imports into this State from any point
27 in the United States outside this State, whether for himself
28 or for another, any alcoholic liquor for sale or resale is
29 required to hold a license issued by the Commission in
30 accordance with this Act, except as otherwise expressly
31 authorized by this Act.
32 (235 ILCS 5/6-29.1 new)
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1 Sec. 6-29.1. Direct shipments of alcoholic liquor.
2 Pursuant to the Twenty-First Amendment of the United States
3 Constitution allowing states to regulate the distribution and
4 sale of alcoholic liquor and pursuant to the federal
5 Webb-Kenyon Act declaring that alcoholic liquor shipped in
6 interstate commerce must comply with state laws, the General
7 Assembly hereby finds and declares that selling alcoholic
8 liquor from a point outside this State through various direct
9 marketing means, such as catalogs, newspapers, mailers, and
10 the Internet, directly to residents of this State poses a
11 serious threat to the State's efforts to prevent youths from
12 accessing alcoholic liquor; to State revenue collections; and
13 to the economy of this State.
14 Any person manufacturing, distributing, or selling
15 alcoholic liquor who knowingly ships or transports or causes
16 the shipping or transportation of any alcoholic liquor from a
17 point outside this State to a person in this State who does
18 not hold a manufacturer's, distributor's, importing
19 distributor's, or non-resident dealer's license issued by the
20 Liquor Control Commission, other than a shipment of
21 sacramental wine to a bona fide religious organization, a
22 shipment authorized by Section 6-29, or any other shipment
23 authorized by this Act, is in violation of this Act.
24 The Commission, upon determining, after investigation,
25 that a person has violated this Section, shall give notice to
26 the person by certified mail to cease and desist all
27 shipments of alcoholic liquor into this State and to withdraw
28 from this State within 5 working days after receipt of the
29 notice all shipments of alcoholic liquor then in transit.
30 Whenever the Commission has reason to believe that a
31 person has failed to comply with the Commission notice under
32 this Section, it shall notify the Department of Revenue and
33 file a complaint with the State's Attorney of the county
34 where the alcoholic liquor was delivered or with appropriate
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1 law enforcement officials.
2 Failure to comply with the notice issued by the
3 Commission under this Section constitutes a business offense
4 for which the person shall be fined not more than $1,000 for
5 a first offense, not more than $5,000 for a second offense,
6 and not more than $10,000 for a third or subsequent offense.
7 Each shipment of alcoholic liquor delivered in violation of
8 the cease and desist notice shall constitute a separate
9 offense.
10 (235 ILCS 5/8-12) (from Ch. 43, par. 164 3/4)
11 Sec. 8-12. It shall be the duty of every railroad
12 company, express company, common or contract carrier, and of
13 every person, firm or corporation that shall bring, carry or
14 transport alcoholic liquors into the State of Illinois for
15 delivery in said State or which are delivered in said State,
16 to prepare and file with the Department of Revenue for each
17 month, not later than the fifteenth day of the month
18 following that for which it is made, a report stating therein
19 the name of the company, carrier, person, firm or corporation
20 making the report, the address in Illinois at which the
21 records supporting such report are kept and are open to
22 inspection, the period of time covered by said report, the
23 name and business address of each consignor of such alcoholic
24 liquors, the name and business address of each consignee of
25 such alcoholic liquors, the kind and quantity of alcoholic
26 liquors delivered to each consignee, and the date or dates of
27 delivery. Such report shall be made upon forms prescribed and
28 made available by the Department and shall contain such other
29 information as may reasonably be required by the Department.
30 The Department may establish procedures for electronic
31 transmissions of such information directly to the Department.
32 Such reports or information received by the Department shall
33 be made available by the Department to the Commission upon
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1 the Commission's request.
2 The books, records, supporting papers and documents
3 containing information and data relating to such reports
4 shall be kept and preserved for a period of three years,
5 unless their destruction sooner is authorized, in writing, by
6 the Director, and shall be open and available to inspection
7 by the Director of Revenue or the Commission or any duly
8 authorized officer, agent or employee of the Department or
9 the Commission, at all times during business hours of the
10 day.
11 Any person who violates any of the provisions of this
12 section or any of the rules and regulations of the Department
13 for the administration and enforcement of the provisions of
14 this section is guilty of a Class C misdemeanor. In case of a
15 continuing violation each day's continuance thereof shall be
16 a separate and distinct offense.
17 (Source: P.A. 83-1428.)
18 (235 ILCS 5/10-1) (from Ch. 43, par. 183)
19 Sec. 10-1. Violations; penalties. (a) Whereas a
20 substantial threat to the sound and careful control,
21 regulation, and taxation of the manufacture, sale, and
22 distribution of alcoholic liquors exists by virtue of
23 individuals who manufacture, import, distribute, or sell
24 alcoholic liquors within the State without having first
25 obtained a valid license to do so, and whereas such threat is
26 especially serious along the borders of this State, and
27 whereas such threat requires immediate correction by this
28 Act, by active investigation and prosecution by law
29 enforcement officials and prosecutors, and by prompt and
30 strict enforcement through the courts of this State to punish
31 violators and to deter such conduct in the future:;
32 (a) Any person who manufactures, imports for
33 distribution or use, or distributes or sells alcoholic liquor
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1 at any place within the State without having first obtained a
2 valid license to do so under the provisions of this Act shall
3 be guilty of a business offense and fined not more than
4 $1,000 for the first such offense and shall be guilty of a
5 Class 4 felony for each subsequent offense.
6 (b) (1) Any retailer, licensed in this State, who
7 knowingly causes to furnish, give, sell, or otherwise being
8 within the State, any alcoholic liquor destined to be used,
9 distributed, consumed or sold in another state, unless such
10 alcoholic liquor was received in this State by a duly
11 licensed distributor, or importing distributors shall have
12 his license suspended for 7 days for the first offense and
13 for the second offense, shall have his license revoked by the
14 Commission.
15 (2) In the event the Commission receives a certified
16 copy of a final order from a foreign jurisdiction that an
17 Illinois retail licensee has been found to have violated that
18 foreign jurisdiction's laws, rules, or regulations concerning
19 the importation of alcoholic liquor into that foreign
20 jurisdiction, the violation may be grounds for the Commission
21 to revoke, suspend, or refuse to issue or renew a license, to
22 impose a fine, or to take any additional action provided by
23 this Act with respect to the Illinois retail license or
24 licensee. Any such action on the part of the Commission
25 shall be in accordance with this Act and implementing rules.
26 For the purposes of paragraph (2): (i) "foreign
27 jurisdiction" means a state, territory, or possession of the
28 United States, the District of Columbia, or the Commonwealth
29 of Puerto Rico, and (ii) "final order" means an order or
30 judgment of a court or administrative body that determines
31 the rights of the parties respecting the subject matter of
32 the proceeding, that remains in full force and effect, and
33 from which no appeal can be taken.
34 (c) Any person who shall make any false statement or
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1 otherwise violates any of the provisions of this Act in
2 obtaining any license hereunder, or who having obtained a
3 license hereunder shall violate any of the provisions of this
4 Act with respect to the manufacture, possession, distribution
5 or sale of alcoholic liquor, or with respect to the
6 maintenance of the licensed premises, or shall violate any
7 other provision of this Act, shall for a first offense be
8 guilty of a petty offense and fined not more than $500, and
9 for a second or subsequent offense shall be guilty of a Class
10 B misdemeanor.
11 (d) Each day any person engages in business as a
12 manufacturer, foreign importer, importing distributor,
13 distributor or retailer in violation of the provisions of
14 this Act shall constitute a separate offense.
15 (e) Any person, under the age of 21 years who, for the
16 purpose of buying, accepting or receiving alcoholic liquor
17 from a licensee, represents that he is 21 years of age or
18 over shall be guilty of a Class A misdemeanor.
19 (f) In addition to the penalties herein provided, any
20 person licensed as a wine-maker in either class who
21 manufactures more wine than authorized by his license shall
22 be guilty of a business offense and shall be fined $1 for
23 each gallon so manufactured.
24 (g) A person shall be exempt from prosecution for a
25 violation of this Act if he is a peace officer in the
26 enforcement of the criminal laws and such activity is
27 approved in writing by one of the following:
28 (1) In all counties, the respective State's
29 Attorney;
30 (2) The Director of State Police under Section 55a
31 of The Civil Administrative Code of Illinois; or
32 (3) In cities over 1,000,000, the Superintendent of
33 Police.
34 (Source: P.A. 86-445.)
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1 (235 ILCS 5/10-7.1) (from Ch. 43, par. 189.1)
2 Sec. 10-7.1. The Commission, upon receipt of a complaint
3 or upon having knowledge that any person is engaged in the
4 business as a manufacturer, importing distributor,
5 distributor or retailer without a license or valid license,
6 shall notify the Department of Revenue and the local liquor
7 authority, and file a complaint with the State's Attorney's
8 Office of the County where the incident occurred, or initiate
9 an investigation with the appropriate law enforcement
10 officials.
11 (Source: P.A. 86-445.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.".