97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6229

 

Introduced , by Rep. Keith Farnham

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/1-3.39 new
235 ILCS 5/5-5.5 new

    Amends the Liquor Control Act of 1934. Defines "homemade beer" to mean a beer that was made by a person 21 years of age or older through his or her own efforts, at his or her place of residence, and not for a commercial purpose, but for consumption by that person or his or her family and guests or for use at an exhibition, demonstration, judging, tasting, sampling, contest, or competition authorized by the Act. Provides that the making of homemade beer does not require a license or permit under the Act if all of these apply: the brewer receives no compensation; the homemade beer is not sold or offered for sale; and the total quantity of homemade beer made, in a calendar year, by the person does not exceed 100 gallons if the household has only one person of legal drinking age or 200 gallons if the household has 2 or more persons of legal drinking age. Provides that homemade beer made in compliance with the Act may be used for purposes of an exhibition, demonstration, judging, tasting, sampling, contest, or competition, if the event is held at a private residence or on a licensed premises. Provides that an event held on a licensed premises by a licensee may require an admission charge, but no separate or additional fee may be charged for the consumption of homemade beer at the event. Provides that event admission charges may be partially used to provide prizes, but may not be divided in any fashion among the makers of the homemade beer who participate in the event. Provides that no admission fee and no charge for the consumption of homemade beer may be charged if the event is held at a private residence. Provides that the fact that a person is acting in a manner authorized under the Act is not, by itself, sufficient to constitute a public nuisance under the Act. Provides that if an authorized event is held on licensed premises, the licensee may allow the homemade beer to be stored on the premises if it is identified and kept separate from any other alcohol beverages. Provides that if an authorized event is held on licensed premises, other provisions of the Act, not inconsistent with the homemade beer provisions, apply. Makes other changes. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5adding Sections 1-3.39 and 5-5.5 as follows:
 
6    (235 ILCS 5/1-3.39 new)
7    Sec. 1-3.39. "Homemade beer" means a beer, as defined by
8Section 1-3.04, that is made by a person 21 years of age or
9older, through his or her own efforts, at his or her place of
10residence, and not for a commercial purpose, but for
11consumption by that person or his or her family and guests or
12for use at an exhibition, demonstration, judging, tasting, or
13sampling or as part of a contest or competition authorized by
14Section 5-5.5.
 
15    (235 ILCS 5/5-5.5 new)
16    Sec. 5-5.5. Homemade beer.
17    (a) No license or permit is required under this Act for the
18making of homemade beer or for the possession, transportation,
19or storage of homemade beer by any person 21 years of age or
20older, if all of the following apply:
21        (1) the person who makes the homemade beer receives no
22    compensation;

 

 

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1        (2) the homemade beer is not sold or offered for sale;
2    and
3        (3) the total quantity of homemade beer made, in a
4    calendar year, by the person does not exceed 100 gallons,
5    if the household has only one person of legal drinking age
6    or 200 gallons if the household has 2 or more persons of
7    legal drinking age.
8    (b) A person who makes, possesses, transports, or stores
9homemade beer in compliance with the limitations specified in
10subsection (a) is not a brewer or a manufacturer of beer for
11purposes of this Act.
12    (c) Homemade beer made in compliance with the limitations
13specified in subsection (a) may be consumed by the person who
14made it and his or her family, neighbors, and friends at any
15private residence or other private location where the
16possession and consumption of alcohol is permissible under this
17Act, local ordinances, and other applicable law.
18    (d) Homemade beer made in compliance with the limitations
19specified in subsection (a) may be used for purposes of
20exhibition, demonstration, judging, tasting, or sampling or as
21part of a contest or competition, if the event is held at a
22private residence or on a licensed premises. Homemade beer used
23for purposes described in this subsection (d), including the
24submission or consumption of such homemade beer, are not
25considered sold or offered for sale under this Act and any
26prize awarded at a contest or competition or as a result of an

 

 

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1exhibition, demonstration, judging, tasting, or sampling is
2not considered compensation under this Act. An exhibition,
3demonstration, judging, tasting, sampling, contest, or
4competition held by a licensee on a licensed premises may
5require an admission charge to the event, but no separate or
6additional fee may be charged for the consumption of a person's
7homemade beer at the exhibition, demonstration, judging,
8tasting, sampling, contest, or competition. Event admission
9charges that are collected may be partially used to provide
10prizes to makers of homemade beer, but the admission charges
11may not be divided in any fashion among the makers of the
12homemade beer who participate in the event. No admission fee
13and no charge for the consumption of a person's homemade beer
14may be charged if the exhibition, demonstration, judging,
15tasting, sampling, contest, or competition is held at a private
16residence.
17    (e) A person who is not a licensee under this Act may at a
18private residence, and a person who is a licensee under this
19Act may on the licensed premises, conduct, sponsor, or host a
20contest, competition, or other event for the exhibition,
21demonstration, judging, tasting, or sampling of homemade beer
22made in compliance with the limitations specified in subsection
23(a), if the person does not sell the homemade beer and, unless
24the person is the brewer of the homemade beer, does not acquire
25any ownership interest in the homemade beer. The fact that a
26person is acting in a manner authorized by this Section is not,

 

 

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1by itself, sufficient to constitute a public nuisance under
2Section 10-7 of this Act. If the contest, competition, or other
3event is held on licensed premises, the licensee may allow the
4homemade beer to be stored on the premises if the homemade beer
5is clearly identified and kept separate from any alcohol
6beverages owned by the licensee. If the contest, competition,
7or other event is held on licensed premises, other provisions
8of this Act not inconsistent with this Section apply.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.