Public Act 90-0432 of the 90th General Assembly
Public Act 90-0432
HB0679 Enrolled LRB9002504LDmbA
AN ACT to amend the Liquor Control Act by changing
Sections 1-3.33, 3-12, 5-1, 6-6, 6-16, 6-20, and 6-28, adding
Sections 6-6.5 and 6-31, and repealing Section 6-19.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Sections 1-3.33, 3-12, 5-1, 6-6, 6-16, 6-20, and
6-28 and adding Sections 6-6.5 and 6-31 as follows:
(235 ILCS 5/1-3.33)
Sec. 1-3.33. "Brew Pub" means a person who manufactures
beer only at a designated premises to make sales to importing
distributors, distributors, and to non-licensees for use and
consumption only, who stores beer at the designated premises,
and who is allowed to sell at retail from the licensed
premises, provided that a brew pub licensee shall not sell
for off-premises consumption more than 50,000 gallons per
year.
(Source: P.A. 88-91.)
(235 ILCS 5/3-12) (from Ch. 43, par. 108)
(Text of Section before amendment by P.A. 89-507)
Sec. 3-12. The State commission shall have the following
powers, functions and duties:
(1) To receive applications and to issue licenses to
manufacturers, foreign importers, importing distributors,
distributors, non-resident dealers, on premise consumption
retailers, off premise sale retailers, special event retailer
licensees, special use permit licenses, auction liquor
licenses, brew pubs, caterer retailers, non-beverage users,
railroads, including owners and lessees of sleeping, dining
and cafe cars, airplanes and boats, in accordance with the
provisions of this Act, and to suspend or revoke such
licenses upon the State commission's determination, upon
notice after hearing, that a licensee has violated any
provision of this Act or any rule or regulation issued
pursuant thereto and in effect for 30 days prior to such
violation.
In lieu of suspending or revoking a license, the
commission may impose a fine, upon the State commission's
determination and notice after hearing, that a licensee has
violated any provision of this Act or any rule or regulation
issued pursuant thereto and in effect for 30 days prior to
such violation. The fine imposed under this paragraph may
not exceed $500 for each violation. Each day that the
activity, which gave rise to the original fine, continues is
a separate violation. The maximum fine that may be levied
against any licensee, for the period of the license, shall
not exceed $20,000. The maximum penalty that may be imposed
on a licensee for selling a bottle of alcoholic liquor with a
foreign object in it or serving from a bottle of alcoholic
liquor with a foreign object in it shall be the destruction
of that bottle of alcoholic liquor for the first 10 bottles
so sold or served from by the licensee. For the eleventh
bottle of alcoholic liquor and for each third bottle
thereafter sold or served from by the licensee with a foreign
object in it, the maximum penalty that may be imposed on the
licensee is the destruction of the bottle of alcoholic liquor
and a fine of up to $50.
(2) To adopt such rules and regulations consistent with
the provisions of this Act which shall be necessary to carry
on its functions and duties to the end that the health,
safety and welfare of the People of the State of Illinois
shall be protected and temperance in the consumption of
alcoholic liquors shall be fostered and promoted and to
distribute copies of such rules and regulations to all
licensees affected thereby.
(3) To call upon other administrative departments of the
State, county and municipal governments, county and city
police departments and upon prosecuting officers for such
information and assistance as it deems necessary in the
performance of its duties.
(4) To recommend to local commissioners rules and
regulations, not inconsistent with the law, for the
distribution and sale of alcoholic liquors throughout the
State.
(5) To inspect, or cause to be inspected, any premises
where alcoholic liquors are manufactured, distributed or
sold.
(6) To hear and determine appeals from orders of a local
commission in accordance with the provisions of this Act, as
hereinafter set forth. Hearings under this subsection shall
be held in Springfield or Chicago, at whichever location is
the more convenient for the majority of persons who are
parties to the hearing.
(7) The commission shall establish uniform systems of
accounts to be kept by all retail licensees having more than
4 employees, and for this purpose the commission may classify
all retail licensees having more than 4 employees and
establish a uniform system of accounts for each class and
prescribe the manner in which such accounts shall be kept.
The commission may also prescribe the forms of accounts to be
kept by all retail licensees having more than 4 employees,
including but not limited to accounts of earnings and
expenses and any distribution, payment, or other distribution
of earnings or assets, and any other forms, records and
memoranda which in the judgment of the commission may be
necessary or appropriate to carry out any of the provisions
of this Act, including but not limited to such forms, records
and memoranda as will readily and accurately disclose at all
times the beneficial ownership of such retail licensed
business. The accounts, forms, records and memoranda shall
be available at all reasonable times for inspection by
authorized representatives of the State commission or by any
local liquor control commissioner or his or her authorized
representative. The commission, may, from time to time,
alter, amend or repeal, in whole or in part, any uniform
system of accounts, or the form and manner of keeping
accounts.
(8) In the conduct of any hearing authorized to be held
by the commission, to examine, or cause to be examined, under
oath, any licensee, and to examine or cause to be examined
the books and records of such licensee; to hear testimony and
take proof material for its information in the discharge of
its duties hereunder; to administer or cause to be
administered oaths; and for any such purpose to issue
subpoena or subpoenas to require the attendance of witnesses
and the production of books, which shall be effective in any
part of this State.
Any Circuit Court may by order duly entered, require the
attendance of witnesses and the production of relevant books
subpoenaed by the State commission and the court may compel
obedience to its order by proceedings for contempt.
(9) To investigate the administration of laws in
relation to alcoholic liquors in this and other states and
any foreign countries, and to recommend from time to time to
the Governor and through him or her to the legislature of
this State, such amendments to this Act, if any, as it may
think desirable and as will serve to further the general
broad purposes contained in Section 1-2 hereof.
(10) To adopt such rules and regulations consistent with
the provisions of this Act which shall be necessary for the
control, sale or disposition of alcoholic liquor damaged as a
result of an accident, wreck, flood, fire or other similar
occurrence.
(11) To develop industry educational programs related to
responsible serving and selling, particularly in the areas of
overserving consumers and illegal underage purchasing and
consumption of alcoholic beverages.
(12) To develop and maintain a repository of license and
regulatory information.
(13) On or before January 15, 1994, the Commission shall
issue a written report to the Governor and General Assembly
that is to be based on a comprehensive study of the impact on
and implications for the State of Illinois of Section 1926 of
the Federal ADAMHA Reorganization Act of 1992 (Public Law
102-321). This study shall address the extent to which
Illinois currently complies with the provisions of P.L.
102-321 and the rules promulgated pursuant thereto.
As part of its report, the Commission shall provide the
following essential information:
(i) the number of retail distributors of tobacco
products, by type and geographic area, in the State;
(ii) the number of reported citations and
successful convictions, categorized by type and location
of retail distributor, for violation of the Sale of
Tobacco to Minors Act and the Smokeless Tobacco
Limitation Act;
(iii) the extent and nature of organized
educational and governmental activities that are intended
to promote, encourage or otherwise secure compliance with
any Illinois laws that prohibit the sale or distribution
of tobacco products to minors; and
(iv) the level of access and availability of
tobacco products to individuals under the age of 18.
To obtain the data necessary to comply with the
provisions of P.L. 102-321 and the requirements of this
report, the Commission shall conduct random, unannounced
inspections of a geographically and scientifically
representative sample of the State's retail tobacco
distributors.
The Commission shall consult with the Department of
Public Health, the Department of Alcoholism and Substance
Abuse, the Illinois State Police and any other executive
branch agency, and private organizations that may have
information relevant to this report.
(Source: P.A. 88-91; 88-418; 88-670, eff. 12-2-94.)
(Text of Section after amendment by P.A. 89-507)
Sec. 3-12. The State commission shall have the following
powers, functions and duties:
(1) To receive applications and to issue licenses to
manufacturers, foreign importers, importing distributors,
distributors, non-resident dealers, on premise consumption
retailers, off premise sale retailers, special event retailer
licensees, special use permit licenses, auction liquor
licenses, brew pubs, caterer retailers, non-beverage users,
railroads, including owners and lessees of sleeping, dining
and cafe cars, airplanes and boats, in accordance with the
provisions of this Act, and to suspend or revoke such
licenses upon the State commission's determination, upon
notice after hearing, that a licensee has violated any
provision of this Act or any rule or regulation issued
pursuant thereto and in effect for 30 days prior to such
violation.
In lieu of suspending or revoking a license, the
commission may impose a fine, upon the State commission's
determination and notice after hearing, that a licensee has
violated any provision of this Act or any rule or regulation
issued pursuant thereto and in effect for 30 days prior to
such violation. The fine imposed under this paragraph may
not exceed $500 for each violation. Each day that the
activity, which gave rise to the original fine, continues is
a separate violation. The maximum fine that may be levied
against any licensee, for the period of the license, shall
not exceed $20,000. The maximum penalty that may be imposed
on a licensee for selling a bottle of alcoholic liquor with a
foreign object in it or serving from a bottle of alcoholic
liquor with a foreign object in it shall be the destruction
of that bottle of alcoholic liquor for the first 10 bottles
so sold or served from by the licensee. For the eleventh
bottle of alcoholic liquor and for each third bottle
thereafter sold or served from by the licensee with a foreign
object in it, the maximum penalty that may be imposed on the
licensee is the destruction of the bottle of alcoholic liquor
and a fine of up to $50.
(2) To adopt such rules and regulations consistent with
the provisions of this Act which shall be necessary to carry
on its functions and duties to the end that the health,
safety and welfare of the People of the State of Illinois
shall be protected and temperance in the consumption of
alcoholic liquors shall be fostered and promoted and to
distribute copies of such rules and regulations to all
licensees affected thereby.
(3) To call upon other administrative departments of the
State, county and municipal governments, county and city
police departments and upon prosecuting officers for such
information and assistance as it deems necessary in the
performance of its duties.
(4) To recommend to local commissioners rules and
regulations, not inconsistent with the law, for the
distribution and sale of alcoholic liquors throughout the
State.
(5) To inspect, or cause to be inspected, any premises
where alcoholic liquors are manufactured, distributed or
sold.
(6) To hear and determine appeals from orders of a local
commission in accordance with the provisions of this Act, as
hereinafter set forth. Hearings under this subsection shall
be held in Springfield or Chicago, at whichever location is
the more convenient for the majority of persons who are
parties to the hearing.
(7) The commission shall establish uniform systems of
accounts to be kept by all retail licensees having more than
4 employees, and for this purpose the commission may classify
all retail licensees having more than 4 employees and
establish a uniform system of accounts for each class and
prescribe the manner in which such accounts shall be kept.
The commission may also prescribe the forms of accounts to be
kept by all retail licensees having more than 4 employees,
including but not limited to accounts of earnings and
expenses and any distribution, payment, or other distribution
of earnings or assets, and any other forms, records and
memoranda which in the judgment of the commission may be
necessary or appropriate to carry out any of the provisions
of this Act, including but not limited to such forms, records
and memoranda as will readily and accurately disclose at all
times the beneficial ownership of such retail licensed
business. The accounts, forms, records and memoranda shall
be available at all reasonable times for inspection by
authorized representatives of the State commission or by any
local liquor control commissioner or his or her authorized
representative. The commission, may, from time to time,
alter, amend or repeal, in whole or in part, any uniform
system of accounts, or the form and manner of keeping
accounts.
(8) In the conduct of any hearing authorized to be held
by the commission, to examine, or cause to be examined, under
oath, any licensee, and to examine or cause to be examined
the books and records of such licensee; to hear testimony and
take proof material for its information in the discharge of
its duties hereunder; to administer or cause to be
administered oaths; and for any such purpose to issue
subpoena or subpoenas to require the attendance of witnesses
and the production of books, which shall be effective in any
part of this State.
Any Circuit Court may by order duly entered, require the
attendance of witnesses and the production of relevant books
subpoenaed by the State commission and the court may compel
obedience to its order by proceedings for contempt.
(9) To investigate the administration of laws in
relation to alcoholic liquors in this and other states and
any foreign countries, and to recommend from time to time to
the Governor and through him or her to the legislature of
this State, such amendments to this Act, if any, as it may
think desirable and as will serve to further the general
broad purposes contained in Section 1-2 hereof.
(10) To adopt such rules and regulations consistent with
the provisions of this Act which shall be necessary for the
control, sale or disposition of alcoholic liquor damaged as a
result of an accident, wreck, flood, fire or other similar
occurrence.
(11) To develop industry educational programs related to
responsible serving and selling, particularly in the areas of
overserving consumers and illegal underage purchasing and
consumption of alcoholic beverages.
(12) To develop and maintain a repository of license and
regulatory information.
(13) On or before January 15, 1994, the Commission shall
issue a written report to the Governor and General Assembly
that is to be based on a comprehensive study of the impact on
and implications for the State of Illinois of Section 1926 of
the Federal ADAMHA Reorganization Act of 1992 (Public Law
102-321). This study shall address the extent to which
Illinois currently complies with the provisions of P.L.
102-321 and the rules promulgated pursuant thereto.
As part of its report, the Commission shall provide the
following essential information:
(i) the number of retail distributors of tobacco
products, by type and geographic area, in the State;
(ii) the number of reported citations and
successful convictions, categorized by type and location
of retail distributor, for violation of the Sale of
Tobacco to Minors Act and the Smokeless Tobacco
Limitation Act;
(iii) the extent and nature of organized
educational and governmental activities that are intended
to promote, encourage or otherwise secure compliance with
any Illinois laws that prohibit the sale or distribution
of tobacco products to minors; and
(iv) the level of access and availability of
tobacco products to individuals under the age of 18.
To obtain the data necessary to comply with the
provisions of P.L. 102-321 and the requirements of this
report, the Commission shall conduct random, unannounced
inspections of a geographically and scientifically
representative sample of the State's retail tobacco
distributors.
The Commission shall consult with the Department of
Public Health, the Department of Human Services, the Illinois
State Police and any other executive branch agency, and
private organizations that may have information relevant to
this report.
(Source: P.A. 88-91; 88-418; 88-670, eff. 12-2-94; 89-507,
eff. 7-1-97.)
(235 ILCS 5/5-1) (from Ch. 43, par. 115)
Sec. 5-1. Licenses issued by the Illinois Liquor Control
Commission shall be of the following classes:
(a) Manufacturer's license - Class 1. Distiller, Class
2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. First Class Winemaker, Class 7. Second Class
Winemaker, Class 8. Limited Wine Manufacturer,
(b) Distributor's license,
(c) Importing Distributor's license,
(d) Retailer's license,
(e) Special Event Retailer's license (not-for-profit),
(f) Railroad license,
(g) Boat license,
(h) Non-Beverage User's license,
(i) Wine-maker's retail license,
(j) Airplane license,
(k) Foreign importer's license,
(l) Broker's license,
(m) Non-resident dealer's license,
(n) Brew Pub license,
(o) Auction liquor license,
(p) Caterer retailer license,
(q) Special use permit license.
Nothing in this provision, nor in any subsequent
provision of this Act shall be interpreted as forbidding an
individual or firm from concurrently obtaining and holding a
Winemaker's and a Wine manufacturer's license.
(a) A manufacturer's license shall allow the
manufacture, importation in bulk, storage, distribution and
sale of alcoholic liquor to persons without the State, as may
be permitted by law and to licensees in this State as
follows:
Class 1. A Distiller may make sales and deliveries of
alcoholic liquor to distillers, rectifiers, importing
distributors, distributors and non-beverage users and to no
other licensees.
Class 2. A Rectifier, who is not a distiller, as defined
herein, may make sales and deliveries of alcoholic liquor to
rectifiers, importing distributors, distributors, retailers
and non-beverage users and to no other licensees.
Class 3. A Brewer may make sales and deliveries of beer
to importing distributors, distributors, and to
non-licensees, and to retailers provided the brewer obtains
an importing distributor's license or distributor's license
in accordance with the provisions of this Act.
Class 4. A first class wine-manufacturer may make sales
and deliveries of between 40,000 and 50,000 gallons of wine
to manufacturers, importing distributors and distributors,
and to no other licensees.
Class 5. A second class Wine manufacturer may make sales
and deliveries of more than 50,000 gallons of wine to
manufacturers, importing distributors and distributors and to
no other licensees.
Class 6. A first-class wine-maker's license shall allow
the manufacture of less than 20,000 gallons of wine per year,
and the storage and sale of such wine to distributors and
retailers in the State and to persons without the State, as
may be permitted by law.
Class 7. A second-class wine-maker's license shall allow
the manufacture of up to 50,000 gallons of wine per year, and
the storage and sale of such wine to distributors in this
State and to persons without the State, as may be permitted
by law. A second-class wine-maker's license shall allow the
sale of no more than 10,000 gallons of the licensee's wine
directly to retailers.
Class 8. A limited wine-manufacturer may make sales and
deliveries not to exceed 40,000 gallons of wine per year to
distributors, and to non-licensees in accordance with the
provisions of this Act.
(a-1) A manufacturer which is licensed in this State to
make sales or deliveries of alcoholic liquor and which
enlists agents, representatives, or individuals acting on its
behalf who contact licensed retailers on a regular and
continual basis in this State must register those agents,
representatives, or persons acting on its behalf with the
State Commission.
Registration of agents, representatives, or persons
acting on behalf of a manufacturer is fulfilled by submitting
a form to the Commission. The form shall be developed by the
Commission and shall include the name and address of the
applicant, the name and address of the manufacturer he or she
represents, the territory or areas assigned to sell to or
discuss pricing terms of alcoholic liquor, and any other
questions deemed appropriate and necessary. All statements
in the forms required to be made by law or by rule shall be
deemed material, and any person who knowingly misstates any
material fact under oath in an application is guilty of a
Class B misdemeanor. Fraud, misrepresentation, false
statements, misleading statements, evasions, or suppression
of material facts in the securing of a registration are
grounds for suspension or revocation of the registration.
(b) A distributor's license shall allow the wholesale
purchase and storage of alcoholic liquors and sale of
alcoholic liquors to licensees in this State and to persons
without the State, as may be permitted by law.
(c) An importing distributor's license may be issued to
and held by those only who are duly licensed distributors,
upon the filing of an application by a duly licensed
distributor, with the Commission and the Commission shall,
without the payment of any fee, immediately issue such
importing distributor's license to the applicant, which shall
allow the importation of alcoholic liquor by the licensee
into this State from any point in the United States outside
this State, and the purchase of alcoholic liquor in barrels,
casks or other bulk containers and the bottling of such
alcoholic liquors before resale thereof, but all bottles or
containers so filled shall be sealed, labeled, stamped and
otherwise made to comply with all provisions, rules and
regulations governing manufacturers in the preparation and
bottling of alcoholic liquors. The importing distributor's
license shall permit such licensee to purchase alcoholic
liquor from Illinois licensed non-resident dealers and
foreign importers only.
(d) A retailer's license shall allow the licensee to
sell and offer for sale at retail, only in the premises
specified in such license, alcoholic liquor for use or
consumption, but not for resale in any form: Provided that
any retail license issued to a manufacturer shall only permit
such manufacturer to sell beer at retail on the premises
actually occupied by such manufacturer.
After January 1, 1995 there shall be 2 classes of
licenses issued under a retailers license.
(1) A "retailers on premise consumption license"
shall allow the licensee to sell and offer for sale at
retail, only on the premises specified in the license,
alcoholic liquor for use or consumption on the premises
or on and off the premises, but not for resale in any
form.
(2) An "off premise sale license" shall allow the
licensee to sell, or offer for sale at retail, alcoholic
liquor intended only for off premise consumption and not
for resale in any form.
Notwithstanding any other provision of this subsection
(d), a retail licensee may sell alcoholic liquors to a
special event retailer licensee for resale to the extent
permitted under subsection (e).
(e) A special event retailer's license (not-for-profit)
shall permit the licensee to purchase alcoholic liquors from
an Illinois licensed distributor (unless the licensee
purchases less than $500 of alcoholic liquors for the special
event, in which case the licensee may purchase the alcoholic
liquors from a licensed retailer) and shall allow the
licensee to sell and offer for sale, at retail, alcoholic
liquors for use or consumption, but not for resale in any
form and only at the location and on the specific dates
designated for the special event in the license. An
applicant for a special event retailer license must also
submit with the application proof satisfactory to the State
Commission that the applicant will provide dram shop
liability insurance in the maximum limits and have local
authority approval.
(f) A railroad license shall permit the licensee to
import alcoholic liquors into this State from any point in
the United States outside this State and to store such
alcoholic liquors in this State; to make wholesale purchases
of alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from
within or outside this State; and to store such alcoholic
liquors in this State; provided that the above powers may be
exercised only in connection with the importation, purchase
or storage of alcoholic liquors to be sold or dispensed on a
club, buffet, lounge or dining car operated on an electric,
gas or steam railway in this State; and provided further,
that railroad licensees exercising the above powers shall be
subject to all provisions of Article VIII of this Act as
applied to importing distributors. A railroad license shall
also permit the licensee to sell or dispense alcoholic
liquors on any club, buffet, lounge or dining car operated on
an electric, gas or steam railway regularly operated by a
common carrier in this State, but shall not permit the sale
for resale of any alcoholic liquors to any licensee within
this State. A license shall be obtained for each car in
which such sales are made.
(g) A boat license shall allow the sale of alcoholic
liquor in individual drinks, on any passenger boat regularly
operated as a common carrier on navigable waters in this
State, which boat maintains a public dining room or
restaurant thereon.
(h) A non-beverage user's license shall allow the
licensee to purchase alcoholic liquor from a licensed
manufacturer or importing distributor, without the imposition
of any tax upon the business of such licensed manufacturer or
importing distributor as to such alcoholic liquor to be used
by such licensee solely for the non-beverage purposes set
forth in subsection (a) of Section 8-1 of this Act, and such
licenses shall be divided and classified and shall permit the
purchase, possession and use of limited and stated quantities
of alcoholic liquor as follows:
Class 1, not to exceed ....................... 500 gallons
Class 2, not to exceed ....................... 1,000 gallons
Class 3, not to exceed ....................... 5,000 gallons
Class 4, not to exceed ....................... 10,000 gallons
Class 5, not to exceed ....................... 50,000 gallons
(i) A wine-maker's retail license shall allow the
licensee to sell and offer for sale at retail in the premises
specified in such license not more than 50,000 gallons of
wine per year for use or consumption, but not for resale in
any form; this license shall be issued only to a person
licensed as a first-class or second-class wine-maker.
(j) An airplane license shall permit the licensee to
import alcoholic liquors into this State from any point in
the United States outside this State and to store such
alcoholic liquors in this State; to make wholesale purchases
of alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from
within or outside this State; and to store such alcoholic
liquors in this State; provided that the above powers may be
exercised only in connection with the importation, purchase
or storage of alcoholic liquors to be sold or dispensed on an
airplane; and provided further, that airplane licensees
exercising the above powers shall be subject to all
provisions of Article VIII of this Act as applied to
importing distributors. An airplane licensee shall also
permit the sale or dispensing of alcoholic liquors on any
passenger airplane regularly operated by a common carrier in
this State, but shall not permit the sale for resale of any
alcoholic liquors to any licensee within this State. A
single airplane license shall be required of an airline
company if liquor service is provided on board aircraft in
this State. The annual fee for such license shall be as
determined in Section 5-3.
(k) A foreign importer's license shall permit such
licensee to purchase alcoholic liquor from Illinois licensed
non-resident dealers only, and to import alcoholic liquor
other than in bulk from any point outside the United States
and to sell such alcoholic liquor to Illinois licensed
importing distributors and to no one else in Illinois.
(l) A broker's license shall be required of all brokers
who solicit orders for, offer to sell or offer to supply
alcoholic liquor to retailers in the State of Illinois, or
who offer to retailers to ship or cause to be shipped or to
make contact with distillers, rectifiers, brewers or
manufacturers or any other party within or without the State
of Illinois in order that alcoholic liquors be shipped to a
distributor, importing distributor or foreign importer,
whether such solicitation or offer is consummated within or
without the State of Illinois.
No holder of a retailer's license issued by the Illinois
Liquor Control Commission shall purchase or receive any
alcoholic liquor, the order for which was solicited or
offered for sale to such retailer by a broker unless the
broker is the holder of a valid broker's license.
The broker shall, upon the acceptance by a retailer of
the broker's solicitation of an order or offer to sell or
supply or deliver or have delivered alcoholic liquors,
promptly forward to the Illinois Liquor Control Commission a
notification of said transaction in such form as the
Commission may by regulations prescribe.
Such license shall not entitle the holder to buy or sell
any alcoholic liquors for his own account or to take or
deliver title to such alcoholic liquors.
This subsection shall not apply to distributors,
employees of distributors, or employees of a manufacturer who
has registered the trademark, brand or name of the alcoholic
liquor pursuant to Section 6-9 of this Act, and who regularly
sells such alcoholic liquor in the State of Illinois only to
its registrants thereunder.
Any agent, representative, or person subject to
registration pursuant to subsection (a-1) of this Section
shall not be eligible to receive a broker's license.
(m) A non-resident dealer's license shall permit such
licensee to ship into and warehouse alcoholic liquor into
this State from any point outside of this State, and to sell
such alcoholic liquor to Illinois licensed foreign importers
and importing distributors and to no one else in this State;
provided that said non-resident dealer shall register with
the Illinois Liquor Control Commission each and every brand
of alcoholic liquor which it proposes to sell to Illinois
licensees during the license period; and further provided
that it shall comply with all of the provisions of Section
6-9 hereof with respect to registration of such Illinois
licensees as may be granted the right to sell such brands at
wholesale.
(n) A brew pub license shall allow the licensee to
manufacture beer only on the premises specified in the
license, to make sales of the beer manufactured on the
premises to importing distributors, distributors, and to
non-licensees for use and consumption, to store the beer upon
the premises, and to sell and offer for sale at retail from
the licensed premises, provided that a brew pub licensee
shall not sell for off-premises consumption more than 50,000
gallons per year.
(o) A caterer retailer license shall allow the holder to
serve alcoholic liquors as an incidental part of a food
service that serves prepared meals which excludes the serving
of snacks as the primary meal, either on or off-site whether
licensed or unlicensed.
(p) An auction liquor license shall allow the licensee
to sell and offer for sale at auction wine and spirits for
use or consumption, or for resale by an Illinois liquor
licensee in accordance with provisions of this Act. An
auction liquor license will be issued to a person and it will
permit the auction liquor licensee to hold the auction
anywhere in the State. An auction liquor license must be
obtained for each auction at least 14 days in advance of the
auction date.
(q) A special use permit license shall allow an Illinois
licensed retailer to transfer a portion of its alcoholic
liquor inventory from its retail licensed premises to the
premises specified in the license hereby created, and to sell
or offer for sale at retail, only in the premises specified
in the license hereby created, the transferred alcoholic
liquor for use or consumption, but not for resale in any
form. A special use permit license may be granted for the
following time periods: one day or less; 2 or more days to a
maximum of 15 days per location in any 12 month period. An
applicant for the special use permit license must also submit
with the application proof satisfactory to the State
Commission that the applicant will provide dram shop
liability insurance to the maximum limits and have local
authority approval.
(Source: P.A. 88-91; 88-303; 88-535; 88-645, eff. 9-9-94;
89-45, eff. 6-23-95; 89-218, eff. 1-1-96; 89-626, eff.
8-9-96.)
(235 ILCS 5/6-6) (from Ch. 43, par. 123)
Sec. 6-6. Except as otherwise provided in this Act no
manufacturer or distributor or importing distributor shall,
directly, or indirectly, sell, supply, furnish, give or pay
for, or loan or lease, any furnishing, fixture or equipment
on the premises of a place of business of another licensee
authorized under this Act to sell alcoholic liquor at retail,
either for consumption on or off the premises, nor shall he,
directly or indirectly, pay for any such license, or advance,
furnish, lend or give money for payment of such license, or
purchase or become the owner of any note, mortgage, or other
evidence of indebtedness of such licensee or any form of
security therefor, nor shall such manufacturer, or
distributor, or importing distributor, directly or
indirectly, be interested in the ownership, conduct or
operation of the business of any licensee authorized to sell
alcoholic liquor at retail, nor shall any manufacturer, or
distributor, or importing distributor be interested directly
or indirectly or as owner or part owner of said premises or
as lessee or lessor thereof, in any premises upon which
alcoholic liquor is sold at retail.
No manufacturer or distributor or importing distributor
shall, directly or indirectly or through a subsidiary or
affiliate, or by any officer, director or firm of such
manufacturer, distributor or importing distributor, furnish,
give, lend or rent, install, repair or maintain, to or for
any retail licensee in this State, any signs or inside
advertising materials except as provided in this Section and
Section 6-5. With respect to retail licensees, other than any
government owned or operated auditorium, exhibition hall,
recreation facility or other similar facility holding a
retailer's license as described in Section 6-5, a
manufacturer, distributor, or importing distributor may
furnish, give, lend or rent and erect, install, repair and
maintain to or for any retail licensee, for use at any one
time in or about or in connection with a retail establishment
on which the products of the manufacturer, distributor or
importing distributor are sold, the following signs and
inside advertising materials as authorized in subparts (i),
(ii), (iii), and (iv):
(i) Permanent outside signs shall be limited to one
outside sign, per brand, in place and in use at any one
time, costing not more than $893, exclusive of erection,
installation, repair and maintenance costs, and permit
fees and shall bear only the manufacturer's name, brand
name, trade name, slogans, markings, trademark, or other
symbols commonly associated with and generally used in
identifying the product including, but not limited to,
"cold beer", "on tap", "carry out", and "packaged
liquor".
(ii) Temporary outside signs shall be limited to
one temporary outside sign per brand. Examples of
temporary outside signs are banners, flags, pennants,
streamers, and other items of a temporary and
non-permanent nature. Each temporary outside sign must
include the manufacturer's name, brand name, trade name,
slogans, markings, trademark, or other symbol commonly
associated with and generally used in identifying the
product. Temporary outside signs may also include, for
example, the product, price, packaging, date or dates of
a promotion and an announcement of a retail licensee's
specific sponsored event, if the temporary outside sign
is intended to promote a product, and provided that the
announcement of the retail licensee's event and the
product promotion are held simultaneously. However,
temporary outside signs may not include names, slogans,
markings, or logos that relate to the retailer. Nothing
in this subpart (ii) shall prohibit a distributor or
importing distributor from bearing the cost of creating
or printing a temporary outside sign for the retail
licensee's specific sponsored event or from bearing the
cost of creating or printing a temporary sign for a
retail licensee containing, for example, community
goodwill expressions, regional sporting event
announcements, or seasonal messages, provided that the
primary purpose of the temporary outside sign is to
highlight, promote, or advertise the product. In
addition, temporary outside signs provided by the
manufacturer to the distributor or importing distributor
may also include, for example, subject to the limitations
of this Section, preprinted community goodwill
expressions, sporting event announcements, seasonal
messages, and manufacturer promotional announcements.
However, a distributor or importing distributor shall not
bear the cost of such manufacturer preprinted signs.
(iii) Permanent inside signs, whether visible from
the outside or the inside of the premises, include, but
are not limited to: alcohol lists and menus that may
include names, slogans, markings, or logos that relate to
the retailer; for example, neons;, illuminated signs;,
clocks;, table lamps;, mirrors;, tap handles;, window trim, and
spirits or wine lists and menus. All permanent inside
signs in place and in use at any one time shall cost in
the aggregate not more than $2000 per manufacturer. A
permanent inside sign must include the manufacturer's
name, brand name, trade name, slogans, markings,
trademark, or other symbol commonly associated with and
generally used in identifying the product. However,
permanent inside signs may not include names, slogans,
markings, or logos that relate to the retailer. For the
purpose of this subpart (iii), all permanent inside signs
may be displayed in an adjacent courtyard or patio
commonly referred to as a "beer garden" that is a part of
the retailer's licensed premises.
(iv) Temporary inside signs shall include, but are
not limited to for example, lighted chalk boards, acrylic
table tent beverage or hors d'oeuvre list holders,
banners, flags, pennants, streamers, and inside
advertising materials such as posters, placards, bowling
sheets, table tents, inserts for acrylic table tent
beverage or hors d'oeuvre list holders, sports schedules,
or similar printed or illustrated materials; however,
such items, for example, as coasters, trays, napkins,
glassware and cups shall not be deemed to be inside signs
or advertising materials and may only not be sold
provided to retailers. All temporary inside signs and
inside advertising materials in place and in use at any
one time shall cost in the aggregate not more than $325
per manufacturer. Nothing in this subpart (iv) prohibits
a distributor or importing distributor from paying the
cost of printing or creating any temporary inside banner
or inserts for acrylic table tent beverage or hors
d'oeuvre list holders for a retail licensee, provided
that the primary purpose for the banner or insert is to
highlight, promote, or advertise the product. For the
purpose of this subpart (iv), all temporary inside signs
and inside advertising materials may be displayed in an
adjacent courtyard or patio commonly referred to as a
"beer garden" that is a part of the retailer's licensed
premises.
A "cost adjustment factor" shall be used to periodically
update the dollar limitations prescribed in subparts (i),
(iii), and (iv). The Commission shall establish the adjusted
dollar limitation on an annual basis beginning in January,
1997. The term "cost adjustment factor" means a percentage
equal to the change in the Bureau of Labor Statistics
Consumer Price Index or 5%, whichever is greater. The
restrictions contained in this Section 6-6 do not apply to
signs, or promotional or advertising materials furnished by
manufacturers, distributors or importing distributors to a
government owned or operated facility holding a retailer's
license as described in Section 6-5.
No distributor or importing distributor shall directly or
indirectly or through a subsidiary or affiliate, or by any
officer, director or firm of such manufacturer, distributor
or importing distributor, furnish, give, lend or rent,
install, repair or maintain, to or for any retail licensee in
this State, any signs or inside advertising materials
described in subparts (i), (ii), (iii), or (iv) of this
Section except as the agent for or on behalf of a
manufacturer, provided that the total cost of any signs and
inside advertising materials including but not limited to
labor, erection, installation and permit fees shall be paid
by the manufacturer whose product or products said signs, and
inside advertising materials advertise and except as herein
provided.
No person engaged in the business of manufacturing,
importing or distributing alcoholic liquors shall, directly
or indirectly, pay for, or advance, furnish, or lend money
for the payment of any license for another. Any licensee who
shall permit or assent, or be a party in any way to any
violation or infringement of the provisions of this Section
shall be deemed guilty of a violation of this Act, and any
money loaned contrary to a provision of this Act shall not be
recovered back, or any note, mortgage or other evidence of
indebtedness, or security, or any lease or contract obtained
or made contrary to this Act shall be unenforceable and void.
This Section shall not apply to airplane licensees
exercising powers provided in paragraph (i) of Section 5-1 of
this Act.
(Source: P.A. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96.)
(235 ILCS 5/6-6.5 new)
Sec. 6-6.5. Sanitation. A manufacturer, distributor, or
importing distributor may sell coil cleaning services to a
retail licensee at fair market cost.
A manufacturer, distributor, or importing distributor may
sell dispensing accessories to retail licensees at a price
not less than the cost to the manufacturer, distributor, or
importing distributor who initially purchased them.
Dispensing accessories include, but are not limited to, items
such as standards, faucets, cold plates, rods, vents, taps,
tap standards, hoses, washers, couplings, gas gauges, vent
tongues, shanks, and check valves.
Coil cleaning supplies consisting of detergents, cleaning
chemicals, brushes, or similar type cleaning devices may be
sold at a price not less than the cost to the manufacturer,
distributor, or importing distributor.
(235 ILCS 5/6-16) (from Ch. 43, par. 131)
Sec. 6-16. Prohibited sales and possession.
(a) No licensee nor any officer, associate, member,
representative, agent, or employee of such licensee shall
sell, give, or deliver alcoholic liquor to any person under
the age of 21 years or to any intoxicated person. No person,
after purchasing or otherwise obtaining alcoholic liquor,
shall sell, give, or deliver such alcoholic liquor to another
person under the age of 21 years, except in the performance
of a religious ceremony or service. Any person who violates
the provisions of this paragraph of this subsection (a) is
guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, a fine of not
less than $500. If a licensee or officer, associate, member,
representative, agent, or employee of the licensee is
prosecuted under this paragraph of this subsection (a) for
selling, giving, or delivering alcoholic liquor to a person
under the age of 21 years, the person under 21 years of age
who attempted to buy or receive the alcoholic liquor may be
prosecuted pursuant to Section 6-20 of this Act, unless the
person under 21 years of age was acting under the authority
of a law enforcement agency, the Illinois Liquor Control
Commission, or a local liquor control commissioner pursuant
to a plan or action to investigate, patrol, or conduct any
similar enforcement action.
For the purpose of preventing the violation of this
section, any licensee, or his agent or employee, may refuse
to sell or serve alcoholic beverages to any person who is
unable to produce adequate written evidence of identity and
of the fact that he or she is over the age of 21 years.
Adequate written evidence of age and identity of the
person is a document issued by a federal, state, county, or
municipal government, or subdivision or agency thereof,
including, but not limited to, a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the Armed Forces. Proof that the
defendant-licensee, or his employee or agent, demanded, was
shown and reasonably relied upon such written evidence in any
transaction, forbidden by this Section is an affirmative
defense in any criminal prosecution therefor or to any
proceedings for the suspension or revocation of any license
based thereon. It shall not, however, be an affirmative
defense if the agent or employee accepted the written
evidence knowing it to be false or fraudulent. If a false or
fraudulent Illinois driver's license or Illinois
identification card is presented by a person less than 21
years of age to a licensee or the licensee's agent or
employee for the purpose of ordering, purchasing, attempting
to purchase, or otherwise obtaining or attempting to obtain
the serving of any alcoholic beverage, the law enforcement
officer or agency investigating the incident shall, upon the
conviction of the person who presented the fraudulent license
or identification, make a report of the matter to the
Secretary of State on a form provided by the Secretary of
State.
However, no agent or employee of the licensee shall be
disciplined or discharged for selling or furnishing liquor to
a person under 21 years of age if the agent or employee
demanded and was shown, before furnishing liquor to a person
under 21 years of age, adequate written evidence of age and
identity of the person issued by a federal, state, county or
municipal government, or subdivision or agency thereof,
including but not limited to a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the Armed Forces. This paragraph, however, shall
not apply if the agent or employee accepted the written
evidence knowing it to be false or fraudulent.
Any person who sells, gives, or furnishes to any person
under the age of 21 years any false or fraudulent written,
printed, or photostatic evidence of the age and identity of
such person or who sells, gives or furnishes to any person
under the age of 21 years evidence of age and identification
of any other person is guilty of a Class A misdemeanor and
the person's sentence shall include, but shall not be limited
to, a fine of not less than $500.
Any person under the age of 21 years who presents or
offers to any licensee, his agent or employee, any written,
printed or photostatic evidence of age and identity that
which is false, fraudulent, or not actually his or her own
for the purpose of ordering, purchasing, attempting to
purchase or otherwise procuring or attempting to procure, the
serving of any alcoholic beverage, or who has in his or her
possession any false or fraudulent written, printed, or
photostatic evidence of age and identity, is guilty of a
Class A B misdemeanor and the person's sentence shall
include, but shall not be limited to, one of the following:
(i) a fine of not less than $500 and $250, or (ii) at least
25 hours of community service. If possible, any community
service shall be performed for an alcohol abuse prevention
program.
Any person under the age of 21 years who has any
alcoholic beverage in his or her possession on any street or
highway or in any public place or in any place open to the
public is guilty of a Class A B misdemeanor. This Section
does not apply to possession by a person under the age of 21
years making a delivery of an alcoholic beverage in pursuance
of the order of his or her parent or in pursuance of his or
her employment.
(a-1) It is unlawful for any parent or guardian to
permit his or her residence to be used by an invitee of the
parent's child or the guardian's ward, if the invitee is
under the age of 21, in a manner that constitutes a violation
of this Section. A parent or guardian is deemed to have
permitted his or her residence to be used in violation of
this Section if he or she knowingly authorizes, enables, or
permits such use to occur by failing to control access to
either the residence or the alcoholic liquor maintained in
the residence. Any person who violates this subsection (a-1)
is guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, a fine of not
less than $500. Nothing in this subsection (a-1) shall be
construed to prohibit the giving of alcoholic liquor to a
person under the age of 21 years in the performance of a
religious ceremony or service.
(b) Except as otherwise provided in this Section whoever
violates this Section shall, in addition to other penalties
provided for in this Act, be guilty of a Class A misdemeanor.
(c) Any person shall be guilty of a Class A misdemeanor
where he or she knowingly permits a gathering at a residence
which he or she occupies of two or more persons where any one
or more of the persons is under 21 years of age and the
following factors also apply:
(1) the person occupying the residence knows that
any such person under the age of 21 is in possession of
or is consuming any alcoholic beverage; and
(2) the possession or consumption of the alcohol by
the person under 21 is not otherwise permitted by this
Act; and
(3) the person occupying the residence knows that
the person under the age of 21 leaves the residence in an
intoxicated condition.
For the purposes of this subsection (c) where the
residence has an owner and a tenant or lessee, there is a
rebuttable presumption that the residence is occupied only by
the tenant or lessee.
(d) Any person who rents a hotel or motel room from the
proprietor or agent thereof for the purpose of or with the
knowledge that such room shall be used for the consumption of
alcoholic liquor by persons under the age of 21 years shall
be guilty of a Class A misdemeanor.
(Source: P.A. 88-213; 88-613, eff. 1-1-95; 89-250, eff.
1-1-96.)
(235 ILCS 5/6-20) (from Ch. 43, par. 134a)
Sec. 6-20. Any person to whom the sale, gift or delivery
of any alcoholic liquor is prohibited because of age shall
not purchase, or accept a gift of such alcoholic liquor or
have such alcoholic liquor in his possession.
If a licensee or his or her agents or employees believes
or has reason to believe that a sale or delivery of any
alcoholic liquor is prohibited because of the non-age of the
prospective recipient, he or she shall, before making such
sale or delivery demand presentation of some form of positive
identification, containing proof of age, issued by a public
officer in the performance of his or her official duties.
No person shall transfer, alter, or deface such an
identification card; use the identification card of another;
carry or use a false or forged identification card; or obtain
an identification card by means of false information. No
person shall purchase, accept delivery or have possession of
alcoholic liquor in violation of this Section. The
consumption of alcoholic liquor by any person under 21 years
of age is forbidden. Whoever violates any provisions of this
Section shall be guilty of a Class A C misdemeanor.
The possession and dispensing, or consumption by a person
under 21 years of age of alcoholic liquor in the performance
of a religious service or ceremony, or the consumption by a
person under 21 years of age under the direct supervision and
approval of the parents or parent or those persons standing
in loco parentis of such person under 21 years of age in the
privacy of a home, is not prohibited by this Act.
(Source: P.A. 83-834.)
(235 ILCS 5/6-28) (from Ch. 43, par. 144d)
Sec. 6-28. Happy hours prohibited. (a) All retail
licensees shall maintain a schedule of the prices charged for
all drinks of alcoholic liquor to be served and consumed on
the licensed premises or in any room or part thereof.
Whenever a hotel or multi-use establishment which holds a
valid retailer's license operates on its premises more than
one establishment at which drinks of alcoholic liquor are
sold at retail, the hotel or multi-use establishment shall
maintain at each such establishment a separate schedule of
the prices charged for such drinks at that establishment.
(b) No retail licensee or employee or agent of such
licensee shall:
(1) serve 2 or more drinks of alcoholic liquor at one
time to one person for consumption by that one person, except
conducting product sampling pursuant to Section 6-31 or
selling or delivering wine by the bottle or carafe;
(2) sell, offer to sell or serve to any person an
unlimited number of drinks of alcoholic liquor during any set
period of time for a fixed price, except at private functions
not open to the general public;
(3) sell, offer to sell or serve any drink of alcoholic
liquor to any person on any one date at a reduced price other
than that charged other purchasers of drinks on that day
where such reduced price is a promotion to encourage
consumption of alcoholic liquor, except as authorized in
paragraph (7) of subsection (c);
(4) increase the volume of alcoholic liquor contained in
a drink, or the size of a drink of alcoholic liquor, without
increasing proportionately the price regularly charged for
the drink on that day;
(5) encourage or permit, on the licensed premises, any
game or contest which involves drinking alcoholic liquor or
the awarding of drinks of alcoholic liquor as prizes for such
game or contest on the licensed premises; or
(6) advertise or promote in any way, whether on or off
the licensed premises, any of the practices prohibited under
paragraphs (1) through (5).
(c) Nothing in subsection (b) shall be construed to
prohibit a licensee from:
(1) offering free food or entertainment at any time;
(2) including drinks of alcoholic liquor as part of a
meal package;
(3) including drinks of alcoholic liquor as part of a
hotel package;
(4) negotiating drinks of alcoholic liquor as part of a
contract between a hotel or multi-use establishment and
another group for the holding of any function, meeting,
convention or trade show;
(5) providing room service to persons renting rooms at a
hotel;
(6) selling pitchers (or the equivalent, including but
not limited to buckets), carafes, or bottles of alcoholic
liquor which are customarily sold in such manner and
delivered to 2 or more persons at one time; or
(7) increasing prices of drinks of alcoholic liquor in
lieu of, in whole or in part, a cover charge to offset the
cost of special entertainment not regularly scheduled.
(d) A violation of this Act shall be grounds for
suspension or revocation of the retailer's license as
provided by this Act.
(Source: P.A. 86-462; 86-1028.)
(235 ILCS 5/6-31 new)
Sec. 6-31. Product sampling.
(a) Retailer, distributor, importing distributor,
manufacturer and nonresident dealer licensees may conduct
product sampling for consumption at a licensed retail
location. Up to 3 samples, consisting of no more than (i)
1/4 ounce of distilled spirits, (ii) one ounce of wine, or
(iii) 2 ounces of beer may be served to a consumer in one
day.
(b) Notwithstanding the provisions of subsection (a), an
on-premises retail licensee may offer for sale and serve more
than one drink per person for sampling purposes without
violating paragraph (1) of subsection (b) of Section 6-28 of
this Act, provided the total quantity of the sampling
package, regardless of the number of containers in which the
alcoholic liquor is being served, does not exceed 1 ounce of
distilled spirits, 4 ounces of wine, or 12 ounces of beer.
In any event, all provisions of Section 6-28 shall apply to
an on-premises retail licensee that conducts product
sampling.
(235 ILCS 5/6-19 rep.)
Section 10. The Liquor Control Act of 1934 is amended by
repealing Section 6-19.
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.