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90_SB0407
235 ILCS 5/4-1 from Ch. 43, par. 110
235 ILCS 5/5-1 from Ch. 43, par. 115
235 ILCS 5/6-31 new
Amends the Liquor Control Act of 1934. Provides that a
retailer's licensee who regularly and primarily takes orders,
solicits sales, or makes sales of alcoholic liquor through
telephone or mail orders and delivers that alcoholic liquor
to a location outside the jurisdiction of the local licensing
authority shall maintain records and file reports with the
State Commission. Effective immediately.
LRB9002501LDdv
LRB9002501LDdv
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Sections 4-1 and 5-1 and adding Section 6-31.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Sections 4-1 and 5-1 and adding Section 6-31 as
7 follows:
8 (235 ILCS 5/4-1) (from Ch. 43, par. 110)
9 Sec. 4-1. In every city, village or incorporated town,
10 the city council or president and board of trustees, and in
11 counties in respect of territory outside the limits of any
12 such city, village or incorporated town the county board
13 shall have the power by general ordinance or resolution to
14 determine the number, kind and classification of licenses,
15 for sale at retail of alcoholic liquor not inconsistent with
16 this Act and the amount of the local licensee fees to be paid
17 for the various kinds of licenses to be issued in their
18 political subdivision, except those issued to the specific
19 non-beverage users exempt from payment of license fees under
20 Section 5-3 which shall be issued without payment of any
21 local license fees, and the manner of distribution of such
22 fees after their collection; to regulate or prohibit the
23 presence of persons under the age of 21 on the premises of
24 licensed retail establishments of various kinds and
25 classifications where alcoholic liquor is drawn, poured,
26 mixed or otherwise served for consumption on the premises; to
27 prohibit any minor from drawing, pouring, or mixing any
28 alcoholic liquor as an employee of any retail licensee; and
29 to prohibit any minor from at any time attending any bar and
30 from drawing, pouring or mixing any alcoholic liquor in any
31 licensed retail premises; and to establish such further
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1 regulations and restrictions upon the issuance of and
2 operations under local licenses not inconsistent with law as
3 the public good and convenience may require; and to provide
4 penalties for the violation of regulations and restrictions,
5 including those made by county boards, relative to operation
6 under local licenses; provided, however, that in the exercise
7 of any of the powers granted in this Section, the issuance of
8 such licenses shall not be prohibited except for reasons
9 specifically enumerated in Sections 6-2, 6-11, 6-12, and
10 6-25, and 6-31 of this Act.
11 However, in any municipality with a population exceeding
12 1,000,000 that has adopted the form of government authorized
13 under "An Act concerning cities, villages, and incorporated
14 towns, and to repeal certain Acts herein named", approved
15 August 15, 1941, as amended, no person shall be granted any
16 license or privilege to sell alcoholic liquors between the
17 hours of two o'clock a.m. and seven o'clock a.m. on week days
18 nor between the hours of three o'clock a.m. and twelve
19 o'clock noon on Sundays unless such person has given at least
20 14 days prior written notice to the alderman of the ward in
21 which such person's licensed premises are located stating his
22 intention to make application for such license or privilege
23 and unless evidence confirming service of such written notice
24 is included in such application. Any license or privilege
25 granted in violation of this paragraph shall be null and
26 void.
27 (Source: P.A. 85-156.)
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, provided that if the retail licensee regularly and
22 primarily makes sales and deliveries of alcoholic liquor
23 pursuant to telephonic or mail requests or orders, the
24 retail licensee shall comply with the provisions of
25 Section 6-31.
26 (2) An "off premise sale license" shall allow the
27 licensee to sell, or offer for sale at retail, alcoholic
28 liquor intended only for off premise consumption and not
29 for resale in any form, provided that if the retail
30 licensee regularly and primarily takes orders, solicits
31 sales, or makes sales of alcoholic liquor pursuant to
32 telephonic or mail order requests, the retail licensee
33 shall comply with the provisions of Section 6-31.
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.
33 (j) An airplane license shall permit the licensee to
34 import alcoholic liquors into this State from any point in
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1 the United States outside this State and to store such
2 alcoholic liquors in this State; to make wholesale purchases
3 of alcoholic liquors directly from manufacturers, foreign
4 importers, distributors and importing distributors from
5 within or outside this State; and to store such alcoholic
6 liquors in this State; provided that the above powers may be
7 exercised only in connection with the importation, purchase
8 or storage of alcoholic liquors to be sold or dispensed on an
9 airplane; and provided further, that airplane licensees
10 exercising the above powers shall be subject to all
11 provisions of Article VIII of this Act as applied to
12 importing distributors. An airplane licensee shall also
13 permit the sale or dispensing of alcoholic liquors on any
14 passenger airplane regularly operated by a common carrier in
15 this State, but shall not permit the sale for resale of any
16 alcoholic liquors to any licensee within this State. A
17 single airplane license shall be required of an airline
18 company if liquor service is provided on board aircraft in
19 this State. The annual fee for such license shall be as
20 determined in Section 5-3.
21 (k) A foreign importer's license shall permit such
22 licensee to purchase alcoholic liquor from Illinois licensed
23 non-resident dealers only, and to import alcoholic liquor
24 other than in bulk from any point outside the United States
25 and to sell such alcoholic liquor to Illinois licensed
26 importing distributors and to no one else in Illinois.
27 (l) A broker's license shall be required of all brokers
28 who solicit orders for, offer to sell or offer to supply
29 alcoholic liquor to retailers in the State of Illinois, or
30 who offer to retailers to ship or cause to be shipped or to
31 make contact with distillers, rectifiers, brewers or
32 manufacturers or any other party within or without the State
33 of Illinois in order that alcoholic liquors be shipped to a
34 distributor, importing distributor or foreign importer,
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1 whether such solicitation or offer is consummated within or
2 without the State of Illinois.
3 No holder of a retailer's license issued by the Illinois
4 Liquor Control Commission shall purchase or receive any
5 alcoholic liquor, the order for which was solicited or
6 offered for sale to such retailer by a broker unless the
7 broker is the holder of a valid broker's license.
8 The broker shall, upon the acceptance by a retailer of
9 the broker's solicitation of an order or offer to sell or
10 supply or deliver or have delivered alcoholic liquors,
11 promptly forward to the Illinois Liquor Control Commission a
12 notification of said transaction in such form as the
13 Commission may by regulations prescribe.
14 Such license shall not entitle the holder to buy or sell
15 any alcoholic liquors for his own account or to take or
16 deliver title to such alcoholic liquors.
17 This subsection shall not apply to distributors,
18 employees of distributors, or employees of a manufacturer who
19 has registered the trademark, brand or name of the alcoholic
20 liquor pursuant to Section 6-9 of this Act, and who regularly
21 sells such alcoholic liquor in the State of Illinois only to
22 its registrants thereunder.
23 Any agent, representative, or person subject to
24 registration pursuant to subsection (a-1) of this Section
25 shall not be eligible to receive a broker's license.
26 (m) A non-resident dealer's license shall permit such
27 licensee to ship into and warehouse alcoholic liquor into
28 this State from any point outside of this State, and to sell
29 such alcoholic liquor to Illinois licensed foreign importers
30 and importing distributors and to no one else in this State;
31 provided that said non-resident dealer shall register with
32 the Illinois Liquor Control Commission each and every brand
33 of alcoholic liquor which it proposes to sell to Illinois
34 licensees during the license period; and further provided
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1 that it shall comply with all of the provisions of Section
2 6-9 hereof with respect to registration of such Illinois
3 licensees as may be granted the right to sell such brands at
4 wholesale.
5 (n) A brew pub license shall allow the licensee to
6 manufacture beer only on the premises specified in the
7 license, to make sales of the beer manufactured on the
8 premises to importing distributors, distributors, and to
9 non-licensees for use and consumption, to store the beer upon
10 the premises, and to sell and offer for sale at retail.
11 (o) A caterer retailer license shall allow the holder to
12 serve alcoholic liquors as an incidental part of a food
13 service that serves prepared meals which excludes the serving
14 of snacks as the primary meal, either on or off-site whether
15 licensed or unlicensed.
16 (p) An auction liquor license shall allow the licensee
17 to sell and offer for sale at auction wine and spirits for
18 use or consumption, or for resale by an Illinois liquor
19 licensee in accordance with provisions of this Act. An
20 auction liquor license will be issued to a person and it will
21 permit the auction liquor licensee to hold the auction
22 anywhere in the State. An auction liquor license must be
23 obtained for each auction at least 14 days in advance of the
24 auction date.
25 (q) A special use permit license shall allow an Illinois
26 licensed retailer to transfer a portion of its alcoholic
27 liquor inventory from its retail licensed premises to the
28 premises specified in the license hereby created, and to sell
29 or offer for sale at retail, only in the premises specified
30 in the license hereby created, the transferred alcoholic
31 liquor for use or consumption, but not for resale in any
32 form. A special use permit license may be granted for the
33 following time periods: one day or less; 2 or more days to a
34 maximum of 15 days per location in any 12 month period. An
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1 applicant for the special use permit license must also submit
2 with the application proof satisfactory to the State
3 Commission that the applicant will provide dram shop
4 liability insurance to the maximum limits and have local
5 authority approval.
6 (Source: P.A. 88-91; 88-303; 88-535; 88-645, eff. 9-9-94;
7 89-45, eff. 6-23-95; 89-218, eff. 1-1-96; 89-626, eff.
8 8-9-96.)
9 (235 ILCS 5/6-31 new)
10 Sec. 6-31. A licensee who holds a retail license issued
11 under Section 5-1(d) of this Act who regularly and primarily
12 takes orders, solicits sales, or makes sales of alcoholic
13 liquor through telephonic or mail orders and delivers that
14 alcoholic liquor from the licensed premises by agent,
15 courier, common carrier, or mail to a location outside the
16 jurisdiction of the local licensing authority shall maintain
17 records and file reports with the State Commission. The
18 licensee shall maintain a ledger listing the date,
19 description of alcoholic liquor, volume, name of the
20 consumer, address where delivered, and by what method
21 delivery was made, identifying by name the person, agent, or
22 courier that made the delivery or, if by mail, the name and
23 address of the addressee. The licensee shall report monthly
24 on forms prescribed by the State Commission the information
25 required by this Section.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.