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| Public Act 099-0282 | ||||
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AN ACT concerning liquor.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by | ||||
adding Sections 1-3.40, 1-3.41, and 6-6.3 as follows: | ||||
(235 ILCS 5/1-3.40 new) | ||||
Sec. 1-3.40. Manufacturer class license holder. | ||||
"Manufacturer class license holder" means any holder of a | ||||
Manufacturer's license as provided in Section 5-1 of this Act. | ||||
The Manufacturer's licenses are: a Class 1. Distiller, a Class | ||||
2. Rectifier, a Class 3. Brewer, a Class 4. First Class Wine | ||||
Manufacturer, a Class 5. Second Class Wine Manufacturer, a | ||||
Class 6. First Class Winemaker, a Class 7. Second Class | ||||
Winemaker, a Class 8. Limited Wine Manufacturer, a Class 9. | ||||
Craft Distiller, and a Class 10. Craft Brewer and any future | ||||
Manufacturer's licenses established by law. | ||||
(235 ILCS 5/1-3.41 new) | ||||
Sec. 1-3.41. Non-alcoholic merchandise. "Non-alcoholic | ||||
merchandise" means any good or commodity that contains less | ||||
than 0.5 percent alcohol by volume. For purposes of this Act, | ||||
"non-alcoholic merchandise" does not include trade fixtures, | ||||
equipment, or furnishings that are used or intended for the | ||||
limited purpose of storing, servicing, displaying, | ||
advertising, furnishing, selling, or aiding in the sale of | ||
alcoholic liquors. | ||
(235 ILCS 5/6-6.3 new) | ||
Sec. 6-6.3. Non-alcoholic merchandise. | ||
(a) Nothing in this Act shall authorize the Illinois Liquor | ||
Control Commission to regulate or exercise jurisdiction over | ||
any action, transaction, and business of manufacturers, | ||
distributors, or retailers engaged in any transaction | ||
involving the furnishing, selling, or offering for sale of | ||
non-alcoholic merchandise by manufacturers, distributors, or | ||
retailers, unless the transaction involves expressed or | ||
implied agreements or understandings prohibited by this Act. | ||
(b) Non-alcoholic merchandise may be sold by a manufacturer | ||
class license holder, non-resident dealer, foreign importer, | ||
importing distributor, or distributor to a retail licensee if: | ||
(1) the manufacturer class license holder, | ||
non-resident dealer, foreign importer, importing | ||
distributor, or distributor is also in business as a bona | ||
fide producer or vendor of other merchandise; | ||
(2) the merchandise is sold at its fair market value; | ||
(3) the non-alcoholic merchandise is not sold in | ||
combination with alcoholic liquor or conditioned on the | ||
sale of alcoholic liquor; | ||
(4) the manufacturer class license holder's, | ||
non-resident dealer's, foreign importer's, importing | ||
distributor's, or distributor's acquisition or production | ||
costs of the non-alcoholic merchandise appear on the | ||
manufacturer class license holder's, non-resident | ||
dealer's, foreign importer's, importing distributor's, or | ||
distributor's purchase invoices or other records; | ||
(5) the individual selling prices of the non-alcoholic | ||
merchandise and alcoholic liquor sold in a single | ||
transaction can be determined from commercial documents | ||
covering the sales transaction if non-alcoholic | ||
merchandise is sold in the same transaction as alcoholic | ||
liquor; and | ||
(6) the price is collected by the manufacturer class | ||
license holder, non-resident dealer, foreign importer, or | ||
distributor within 30 days of the date of the sale, unless | ||
other terms are established in writing between the parties. | ||
(c) The State Commission may not prohibit the sale of | ||
non-alcoholic merchandise if it is sold in the manner in which | ||
the non-alcoholic merchandise is sold by a manufacturer or | ||
distributor that is not licensed by the State Commission; | ||
provided, however, that all invoices for non-alcoholic | ||
merchandise sold by a manufacturer class license holder, | ||
non-resident dealer, foreign importer, importing distributor, | ||
or distributor that is also in business as a bona fide producer | ||
or vendor of other merchandise must be in compliance with the | ||
books and records requirements of 11 Ill. Adm. Code 100.130. If | ||
the non-alcoholic merchandise is sold on the same invoice as an | ||
alcoholic liquor product, the 30-day merchandising credit | ||
provisions of Section 6-5 of this Act shall apply to the entire | ||
transaction, including the non-alcoholic merchandise. | ||
(d) Except as provided in subsection (f), a manufacturer | ||
class license holder, non-resident dealer, foreign importer, | ||
importing distributor, or distributor that is also in business | ||
as a bona fide producer or vendor of non-alcoholic merchandise | ||
shall not condition the sale of its alcoholic liquor on the | ||
sale of its non-alcoholic merchandise and shall not combine the | ||
sale of its alcoholic liquor with the sale of its non-alcoholic | ||
merchandise. A manufacturer class license holder, non-resident | ||
dealer, foreign importer, importing distributor, or | ||
distributor that is also in business as a bona fide producer or | ||
vendor of non-alcoholic merchandise may sell, market, and | ||
promote non-alcoholic merchandise in the same manner in which | ||
the non-alcoholic merchandise is sold, marketed, or promoted by | ||
a manufacturer or distributor not licensed by the State | ||
Commission. | ||
(e) Notwithstanding the prohibited furnishing or providing | ||
of fixtures, equipment, and furnishings to retailers as | ||
contained in Section 6-6 of this Act, the act of a manufacturer | ||
class license holder, non-resident dealer, foreign importer, | ||
importing distributor, or distributor furnishing or providing | ||
retailers with fixtures, equipment, or furnishings for the | ||
limited purpose of storing, servicing, displaying, | ||
advertising, furnishing, selling, or aiding in the sale of | ||
non-alcoholic merchandise is permitted, only to the extent | ||
allowed by this Section, and such fixtures, equipment, and | ||
furnishings shall not be used by the retail licensee to store, | ||
service, display, advertise, furnish, sell, or aid in the sale | ||
of alcoholic liquors. All such fixtures, equipment, or | ||
furnishings shall be identified by the retail licensee as being | ||
furnished by a manufacturer class license holder, non-resident | ||
dealer, foreign importer, importing distributor, or | ||
distributor licensed by the State Commission and, if purchased | ||
by the retail licensee and sold on the same invoice as | ||
alcoholic liquor products, the price must be collected by the | ||
manufacturer class license holder, non-resident dealer, | ||
foreign importer, importing distributor, or distributor | ||
selling the same within 30 days of the date of sale. | ||
(f) Notwithstanding any provision of this Act to the | ||
contrary, a manufacturer class license holder, non-resident | ||
dealer, foreign importer, importing distributor, or | ||
distributor may package and distribute alcoholic liquor in | ||
combination with other non-alcoholic merchandise products if | ||
the alcoholic liquor and non-alcoholic merchandise was | ||
originally packaged together for ultimate sale to consumers by | ||
the manufacturer or agent of the manufacturer as originally | ||
packaged by the manufacturer or agent of the manufacturer for | ||
ultimate sale to consumers.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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