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Public Act 92-0378
HB0269 Enrolled LRB9202700LDpr
AN ACT in relation to alcoholic liquor.
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 1-3.12, 3-12, 5-1, 5-3, and 6-2 as follows:
(235 ILCS 5/1-3.12) (from Ch. 43, par. 95.12)
Sec. 1-3.12. "Wine-maker" means a person engaged in the
making of less than 50,000 gallons of wine annually other
than a person issued a Second Class wine-maker's license.
(Source: P.A. 89-218, eff. 1-1-96.)
(235 ILCS 5/3-12) (from Ch. 43, par. 108)
Sec. 3-12. Powers and duties of State Commission.
(a) 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, boats, brokers, and wine maker's
premises retail licensees 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 in this State where alcoholic liquors are
manufactured, distributed, warehoused, or sold.
(5.1) Upon receipt of a complaint or upon having
knowledge that any person is engaged in business as a
manufacturer, importing distributor, distributor, or
retailer without a license or valid license, to notify
the local liquor authority, file a complaint with the
State's Attorney's Office of the county where the
incident occurred, or initiate an investigation with the
appropriate law enforcement officials.
(5.2) To issue a cease and desist notice to persons
shipping alcoholic liquor into this State from a point
outside of this State if the shipment is in violation of
this Act.
(5.3) To receive complaints from licensees, local
officials, law enforcement agencies, organizations, and
persons stating that any licensee has been or is
violating any provision of this Act or the rules and
regulations issued pursuant to this Act. Such complaints
shall be in writing, signed and sworn to by the person
making the complaint, and shall state with specificity
the facts in relation to the alleged violation. If the
Commission has reasonable grounds to believe that the
complaint substantially alleges a violation of this Act
or rules and regulations adopted pursuant to this Act, it
shall conduct an investigation. If, after conducting an
investigation, the Commission is satisfied that the
alleged violation did occur, it shall proceed with
disciplinary action against the licensee as provided in
this Act.
(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.
(11.1) To license persons providing education and
training to alcohol beverage sellers and servers under
the Beverage Alcohol Sellers and Servers Education and
Training (BASSET) programs and to develop and administer
a public awareness program in Illinois to reduce or
eliminate the illegal purchase and consumption of
alcoholic beverage products by persons under the age of
21. Application for a license shall be made on forms
provided by the State Commission.
(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.
The Commission may contract with the Food and Drug
Administration of the U.S. Department of Health and Human
Services to conduct unannounced investigations of Illinois
tobacco vendors to determine compliance with federal laws
relating to the illegal sale of cigarettes and smokeless
tobacco products to persons under the age of 18.
(b) On or before April 30, 1999, the Commission shall
present a written report to the Governor and the General
Assembly that shall be based on a study of the impact of this
amendatory Act of 1998 on the business of soliciting,
selling, and shipping alcoholic liquor from outside of this
State directly to residents of this State.
As part of its report, the Commission shall provide the
following information:
(i) the amount of State excise and sales tax
revenues generated as a result of this amendatory Act of
1998;
(ii) the amount of licensing fees received as a
result of this amendatory Act of 1998;
(iii) the number of reported violations, the number
of cease and desist notices issued by the Commission, the
number of notices of violations issued to the Department
of Revenue, and the number of notices and complaints of
violations to law enforcement officials.
(Source: P.A. 90-9, eff. 7-1-97; 90-432, eff. 1-1-98; 90-655,
eff. 7-30-98; 90-739, eff. 8-13-98; 91-553, eff. 8-14-99;
91-922, eff. 7-7-00.)
(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 premises 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.
No person, firm, partnership, corporation, or other legal
business entity that is engaged in the manufacturing of wine
may concurrently obtain and hold a wine-maker's license and a
wine manufacturer's 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 up to 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 up to 50,000 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. A first-class
wine-maker's license shall allow the sale of no more than
5,000 gallons of the licensee's wine to retailers. The State
Commission shall issue only one first-class wine-maker's
license to any person, firm, partnership, corporation, or
other legal business entity that is engaged in the making of
less than 50,000 gallons of wine annually that applies for a
first-class wine-maker's license. No subsidiary or affiliate
thereof, nor any officer, associate, member, partner,
representative, employee, agent, or shareholder may be issued
an additional wine-maker's license by the State Commission.
Class 7. A second-class wine-maker's license shall allow
the manufacture of between up to 50,000 and 100,000 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. The State
Commission shall issue only one second-class wine-maker's
license to any person, firm, partnership, corporation, or
other legal business entity that is engaged in the making of
less than 100,000 gallons of wine annually that applies for a
second-class wine-maker's license. No subsidiary or
affiliate thereof, or any officer, associate, member,
partner, representative, employee, agent, or shareholder may
be issued an additional wine-maker's license by the State
Commission.
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 (i)
furnish with the application: (A) a resale number issued
under Section 2c of the Retailers' Occupation Tax Act or
evidence that the applicant is registered under Section 2a of
the Retailers' Occupation Tax Act, (B) a current, valid
exemption identification number issued under Section 1g of
the Retailers' Occupation Tax Act, and a certification to the
Commission that the purchase of alcoholic liquors will be a
tax-exempt purchase, or (C) a statement that the applicant is
not registered under Section 2a of the Retailers' Occupation
Tax Act, does not hold a resale number under Section 2c of
the Retailers' Occupation Tax Act, and does not hold an
exemption number under Section 1g of the Retailers'
Occupation Tax Act, in which event the Commission shall set
forth on the special event retailer's license a statement to
that effect; (ii) submit with the application proof
satisfactory to the State Commission that the applicant will
provide dram shop liability insurance in the maximum limits;
and (iii) show proof satisfactory to the State Commission
that the applicant has obtained 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 premises retail license shall allow a
the licensee that concurrently holds a first-class
wine-maker's license to sell and offer for sale at retail in
the premises specified in such license not more than 50,000
gallons of the first-class wine-maker's wine that is made at
the first-class wine-maker's licensed premises per year for
use or consumption, but not for resale in any form. A
wine-maker's premises license shall allow a licensee who
concurrently holds a second-class wine-maker's license to
sell and offer for sale at retail in the premises specified
in such license up to 100,000 gallons of the second-class
wine-maker's wine that is made at the second-class
wine-maker's licensed premises per year for use or
consumption but not for resale in any form. Upon approval
from the State Commission, a wine-maker's premises license
shall allow the licensee to sell and offer for sale at (i)
the wine-maker's licensed premises and (ii) at up to 2
additional locations for use and consumption and not for
resale. Each location shall require additional licensing per
location as specified in Section 5-3 of this Act. ; this
license shall be issued only to a person licensed as a
first-class or second-class wine-maker. A wine-maker's retail
licensee, upon receiving permission from the Commission, may
conduct business at a second location that is separate from
the location specified in its wine-maker's retail license.
One wine-maker's retail license-second location may be issued
to a wine-maker's retail licensee allowing the licensee to
sell and offer for sale at retail in the premises specified
in the wine-maker's retail license-second location up to
50,000 gallons of wine that was produced at the licensee's
first location per year for use and consumption and not for
resale.
(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) (i) A broker's license shall be required of all
persons 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.
(ii) A broker's license shall be required of a person
within this State, other than a retail licensee, who, for a
fee or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for resale,
to be shipped from this State and delivered to residents
outside of this State by an express company, common carrier,
or contract carrier. This Section does not apply to any
person who promotes, solicits, or accepts orders for wine as
specifically authorized in Section 6-29 of this Act.
A broker's license under this subsection (1) 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 (1) 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. 90-77, eff. 7-8-97; 90-432, eff. 1-1-98;
90-596, eff. 6-24-98; 90-655, eff. 7-30-98; 90-739, eff.
8-13-98; 91-357, eff. 7-29-99.)
(235 ILCS 5/5-3) (from Ch. 43, par. 118)
Sec. 5-3. License fees. Except as otherwise provided
herein, at the time application is made to the State
Commission for a license of any class, the applicant shall
pay to the State Commission the fee hereinafter provided for
the kind of license applied for.
The fee for licenses issued by the State Commission shall
be as follows:
For a manufacturer's license:
Class 1. Distiller ........................... $3,600
Class 2. Rectifier ........................... 3,600
Class 3. Brewer .............................. 900
Class 4. First-class Wine Manufacturer ....... 600
Class 5. Second-class
Wine Manufacturer ....................... 1,200
Class 6. First-class wine-maker .............. 600 240
Class 7. Second-class wine-maker ............. 1200 480
Class 8. Limited Wine Manufacturer........... 120
For a Brew Pub License ....................... 1,050
For a caterer retailer's license.............. 200
For a foreign importer's license ............. 25
For an importing distributor's license ....... 25
For a distributor's license .................. 270
For a non-resident dealer's license
(500,000 gallons or over) ............... 270
For a non-resident dealer's license
(under 500,000 gallons) ................. 90
For a wine-maker's premises retail license ... 100
For a wine-maker's premises retail license,
second location ......................... 350
For a wine-maker's premises license,
third location .......................... 350
For a retailer's license ..................... 175
For a special event retailer's license,
(not-for-profit) ........................ 25
For a special use permit license,
one day only ............................ 50
2 days or more .......................... 100
For a railroad license ....................... 60
For a boat license ........................... 180
For an airplane license, times the
licensee's maximum number of aircraft
in flight, serving liquor over the
State at any given time, which either
originate, terminate, or make
an intermediate stop in the State ....... 60
For a non-beverage user's license:
Class 1 ................................. 24
Class 2 ................................. 60
Class 3 ................................. 120
Class 4 ................................. 240
Class 5 ................................. 600
For a broker's license ....................... 600
For an auction liquor license ................ 50
Fees collected under this Section shall be paid into the
Dram Shop Fund. Beginning June 30, 1990 and on June 30 of
each subsequent year, any balance over $5,000,000 remaining
in the Dram Shop Fund shall be credited to State liquor
licensees and applied against their fees for State liquor
licenses for the following year. The amount credited to each
licensee shall be a proportion of the balance in the Dram
Fund that is the same as the proportion of the license fee
paid by the licensee under this Section for the period in
which the balance was accumulated to the aggregate fees paid
by all licensees during that period.
No fee shall be paid for licenses issued by the State
Commission to the following non-beverage users:
(a) Hospitals, sanitariums, or clinics when their
use of alcoholic liquor is exclusively medicinal,
mechanical or scientific.
(b) Universities, colleges of learning or schools
when their use of alcoholic liquor is exclusively
medicinal, mechanical or scientific.
(c) Laboratories when their use is exclusively for
the purpose of scientific research.
(Source: P.A. 90-77, eff. 7-8-97; 91-25, eff. 6-9-99; 91-357,
eff. 7-29-99.)
(235 ILCS 5/6-2) (from Ch. 43, par. 120)
Sec. 6-2. Issuance of licenses to certain persons
prohibited.
(a) Except as otherwise provided in subsection (b), no
license of any kind issued by the State Commission or any
local commission shall be issued to:
(1) A person who is not a resident of any city,
village or county in which the premises covered by the
license are located; except in case of railroad or boat
licenses.;
(2) A person who is not of good character and
reputation in the community in which he resides.;
(3) A person who is not a citizen of the United
States.;
(4) A person who has been convicted of a felony
under any Federal or State law, unless the Commission
determines that such person has been sufficiently
rehabilitated to warrant the public trust after
considering matters set forth in such person's
application and the Commission's investigation. The
burden of proof of sufficient rehabilitation shall be on
the applicant.;
(5) A person who has been convicted of being the
keeper or is keeping a house of ill fame.;
(6) A person who has been convicted of pandering or
other crime or misdemeanor opposed to decency and
morality.;
(7) A person whose license issued under this Act
has been revoked for cause.;
(8) A person who at the time of application for
renewal of any license issued hereunder would not be
eligible for such license upon a first application.;
(9) A copartnership, if any general partnership
thereof, or any limited partnership thereof, owning more
than 5% of the aggregate limited partner interest in such
copartnership would not be eligible to receive a license
hereunder for any reason other than residence within the
political subdivision, unless residency is required by
local ordinance.;
(10) A corporation, if any officer, manager or
director thereof, or any stockholder or stockholders
owning in the aggregate more than 5% of the stock of such
corporation, would not be eligible to receive a license
hereunder for any reason other than citizenship and
residence within the political subdivision.;
(10a) A corporation unless it is incorporated in
Illinois, or unless it is a foreign corporation which is
qualified under the Business Corporation Act of 1983 to
transact business in Illinois.;
(11) A person whose place of business is conducted
by a manager or agent unless the manager or agent
possesses the same qualifications required by the
licensee.;
(12) A person who has been convicted of a violation
of any Federal or State law concerning the manufacture,
possession or sale of alcoholic liquor, subsequent to the
passage of this Act or has forfeited his bond to appear
in court to answer charges for any such violation.;
(13) A person who does not beneficially own the
premises for which a license is sought, or does not have
a lease thereon for the full period for which the license
is to be issued.;
(14) Any law enforcing public official, including
members of local liquor control commissions, any mayor,
alderman, or member of the city council or commission,
any president of the village board of trustees, any
member of a village board of trustees, or any president
or member of a county board; and no such official shall
be interested directly in the manufacture, sale, or
distribution of alcoholic liquor, except that a license
may be granted to such official in relation to premises
that which are not located within the territory subject
to the jurisdiction of that official if the issuance of
such license is approved by the State Liquor Control
Commission and except that a license may be granted, in a
city or village with a population of 50,000 or less, to
any alderman, member of a city council, or member of a
village board of trustees in relation to premises that
are located within the territory subject to the
jurisdiction of that official if (i) the sale of
alcoholic liquor pursuant to the license is incidental to
the selling of food, (ii) the issuance of the license is
approved by the State Commission, (iii) the issuance of
the license is in accordance with all applicable local
ordinances in effect where the premises are located, and
(iv) the official granted a license does not vote on
alcoholic liquor issues pending before the board or
council to which the license holder is elected.;
(15) A person who is not a beneficial owner of the
business to be operated by the licensee.;
(16) A person who has been convicted of a gambling
offense as proscribed by any of subsections (a) (3)
through (a) (11) of Section 28-1 of, or as proscribed by
Section 28-1.1 or 28-3 of, the Criminal Code of 1961, or
as proscribed by a statute replaced by any of the
aforesaid statutory provisions.;
(17) A person or entity to whom a federal wagering
stamp has been issued by the federal government, unless
the person or entity is eligible to be issued a license
under the Raffles Act or the Illinois Pull Tabs and Jar
Games Act.
(b) A criminal conviction of a corporation is not
grounds for the denial, suspension, or revocation of a
license applied for or held by the corporation if the
criminal conviction was not the result of a violation of any
federal or State law concerning the manufacture, possession
or sale of alcoholic liquor, the offense that led to the
conviction did not result in any financial gain to the
corporation and the corporation has terminated its
relationship with each director, officer, employee, or
controlling shareholder whose actions directly contributed to
the conviction of the corporation. The Commission shall
determine if all provisions of this subsection (b) have been
met before any action on the corporation's license is
initiated.
(Source: P.A. 88-652, eff. 9-16-94; 89-250, eff. 1-1-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 23, 2001.
Approved August 16, 2001.
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