Illinois General Assembly - Bill Status for SB2180

Amends the Liquor Control Act of 1934. Provides that the holder of a wine-maker's premises license may sell or offer for sale at retail in the wine-maker's licensed premises (now, in the premises specified in the license) the wine-maker's wine. Requires sales at retail to be in person. Defines "in person". Provides that, after the first retail sale in person, the licensee may sell and ship not more than 2 cases per year of the licensee's wine to that purchaser if certain requirements are met. Provides penalties for the violation of those requirements. Creates a wine-maker's tasting room license that permits a licensee concurrently holding a wine-maker's license to sell and offer for sale at retail the licensee's wine at up to 2 locations and requires the sales to be in person. Creates a non-resident wine-maker's license that permits a manufacturer of up to 100,000 gallons of wine per year that is licensed in another state to store and sell the wine in Illinois. Provides that a non-resident wine-maker licensee may sell and ship its wine at retail to residents of Illinois in the same manner as a wine maker's premises licensee. Requires non-resident wine-maker licensees to pay the same State liquor gallonage tax and State retail sales tax as a wine-maker's premises licensee. Sets license fees for wine-maker's tasting room licenses and non-resident wine-maker's licenses. Provides that a limited wine manufacturer licensee may sell wine at retail at the limited wine manufacturer's licensed premises (now, at its manufacturing site) and requires sales to be in person, except that after the first retail purchase in person the limited wine manufacturer may sell and ship wine to that purchaser without an in person purchase. Requires wine-maker premises licensees, non-resident wine-maker licensees, and limited wine manufacturer licensees to secure liquor liability insurance. Repeals a provision allowing interstate reciprocal wine shipments and deletes references to that provision. Effective immediately.

Deletes everything after the enacting clause. Amends the Liquor Control Act of 1934. Makes a technical change in a Section concerning the short title.

Replaces everything after the enacting clause. Amends the Liquor Control Act of 1934. Sets forth additional duties of the Illinois Liquor Control Commission concerning a yearly report on the impact of the amendatory Act on the business of soliciting, selling, and shipping wine from inside and outside of this State directly to residents of this State, conducting alcohol compliance operations to investigate whether businesses who are soliciting, selling, and shipping wine from inside or outside of this State directly to residents of this State are licensed by this State or are selling or attempting to sell wine to persons under 21 years of age, and submitting notices of complaints of certain violations to the Illinois Attorney General and to the U.S. Department of Treasury's Alcohol and Tobacco Tax and Trade Bureau. Provides for a direct wine shipper's license and includes licensure requirements, including fees, applications, and payment of taxes. Deletes provisions (i) permitting first-class and second-class wine-maker licensees to sell wine to retailers and (ii) prohibiting the issuance of more than one first-class or second-class wine-maker's license to any person, firm, partnership, corporation, or other legal entity. Changes the description of a second-class wine-maker's license to allow the manufacture of between 50,000 and 150,000 gallons of wine per year (now, between 50,000 and 100,000 gallons of wine per year). In a Section concerning interstate wine shipments, sets forth the intent of the General Assembly, permits direct wine shipper licensees to ship not more than 12 cases of wine per year to any resident of Illinois who is 21 years of age or older, and sets forth requirements for shipping. Sets forth findings of the General Assembly concerning direct shipments of alcoholic liquor. Adds a partial invalidity clause. Makes other changes. Effective July 1, 2006.

Removes the provision making changes to the definition of "broker". Sets forth additional duties of the Illinois Liquor Control Commission concerning a report on the impact of the amendatory Act on the business of soliciting, selling, and shipping wine from inside and outside of this State directly to residents of this State, conducting alcohol compliance operations to investigate whether businesses who are soliciting, selling, and shipping wine from inside or outside of this State directly to residents of this State are licensed by this State or are selling or attempting to sell wine to persons under 21 years of age, and submitting notices of complaints of certain violations to the Illinois Attorney General and to the U.S. Department of Treasury's Alcohol and Tobacco Tax and Trade Bureau. Restores current law that provides that the Section concerning the classes of licenses issued by the Illinois Liquor Control Commission does not apply to any person who promotes, solicits, or accepts orders for wine. In a Section concerning interstate wine shipments, makes changes concerning the Section heading, the intent of the General Assembly, the sale and shipment by a direct wine shipper licensee being deemed to constitute a sale in this State, the label on the shipping container, and the licensee requiring the transporter or common carrier that delivers the wine to obtain the signature of a person 21 years of age or older at the delivery address at the time of delivery, and a broker soliciting consumers to engage in direct wine shipments. In the Section concerning direct shipments of alcoholic liquors, makes changes concerning the findings of the General Assembly, foreign importers and direct wine shippers with respect to certain prohibitions, the Governor extraditing an offender, and filing a complaint for failing to comply with Commission notice. Makes technical changes.

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