Illinois General Assembly - Full Text of SB3359
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Full Text of SB3359  103rd General Assembly

SB3359eng 103RD GENERAL ASSEMBLY

 


 
SB3359 EngrossedLRB103 37014 RPS 67129 b

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
5changing Sections 5-1, 5-3, 6-16, 6-27.1, and 6-28.8 and by
6adding Sections 6-28.9 and 6-28.10 as follows:
 
7    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
8    Sec. 5-1. Licenses issued by the Illinois Liquor Control
9Commission shall be of the following classes:
10    (a) Manufacturer's license - Class 1. Distiller, Class 2.
11Rectifier, Class 3. Brewer, Class 4. First Class Wine
12Manufacturer, Class 5. Second Class Wine Manufacturer, Class
136. First Class Winemaker, Class 7. Second Class Winemaker,
14Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
15Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft
16Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
17Class 14. Class 3 Brewer,
18    (b) Distributor's license,
19    (c) Importing Distributor's license,
20    (d) Retailer's license,
21    (e) Special Event Retailer's license (not-for-profit),
22    (f) Railroad license,
23    (g) Boat license,

 

 

SB3359 Engrossed- 2 -LRB103 37014 RPS 67129 b

1    (h) Non-Beverage User's license,
2    (i) Wine-maker's premises license,
3    (j) Airplane license,
4    (k) Foreign importer's license,
5    (l) Broker's license,
6    (m) Non-resident dealer's license,
7    (n) Brew Pub license,
8    (o) Auction liquor license,
9    (p) Caterer retailer license,
10    (q) Special use permit license,
11    (r) Winery shipper's license,
12    (s) Craft distiller tasting permit,
13    (t) Brewer warehouse permit,
14    (u) Distilling pub license,
15    (v) Craft distiller warehouse permit,
16    (w) Beer showcase permit, .
17    (x) Third-party retailer delivery license.
18    No person, firm, partnership, corporation, or other legal
19business entity that is engaged in the manufacturing of wine
20may concurrently obtain and hold a wine-maker's license and a
21wine manufacturer's license.
22    (a) A manufacturer's license shall allow the manufacture,
23importation in bulk, storage, distribution and sale of
24alcoholic liquor to persons without the State, as may be
25permitted by law and to licensees in this State as follows:
26    Class 1. A Distiller may make sales and deliveries of

 

 

SB3359 Engrossed- 3 -LRB103 37014 RPS 67129 b

1alcoholic liquor to distillers, rectifiers, importing
2distributors, distributors and non-beverage users and to no
3other licensees.
4    Class 2. A Rectifier, who is not a distiller, as defined
5herein, may make sales and deliveries of alcoholic liquor to
6rectifiers, importing distributors, distributors, retailers
7and non-beverage users and to no other licensees.
8    Class 3. A Brewer may make sales and deliveries of beer to
9importing distributors and distributors and may make sales as
10authorized under subsection (e) of Section 6-4 of this Act,
11including any alcoholic liquor that subsection (e) of Section
126-4 authorizes a brewer to sell in its original package only to
13a non-licensee for pick-up by a non-licensee either within the
14interior of the brewery premises or at outside of the brewery
15premises at a curb-side or parking lot adjacent to the brewery
16premises, subject to any local ordinance.
17    Class 4. A first class wine-manufacturer may make sales
18and deliveries of up to 50,000 gallons of wine to
19manufacturers, importing distributors and distributors, and to
20no other licensees. If a first-class wine-manufacturer
21manufactures beer, it shall also obtain and shall only be
22eligible for, in addition to any current license, a class 1
23brewer license, shall not manufacture more than 930,000
24gallons of beer per year, and shall not be a member of or
25affiliated with, directly or indirectly, a manufacturer that
26produces more than 930,000 gallons of beer per year. If the

 

 

SB3359 Engrossed- 4 -LRB103 37014 RPS 67129 b

1first-class wine-manufacturer manufactures spirits, it shall
2also obtain and shall only be eligible for, in addition to any
3current license, a class 1 craft distiller license, shall not
4manufacture more than 50,000 gallons of spirits per year, and
5shall not be a member of or affiliated with, directly or
6indirectly, a manufacturer that produces more than 50,000
7gallons of spirits per year. A first-class wine-manufacturer
8shall be permitted to sell wine manufactured at the
9first-class wine-manufacturer premises to non-licensees.
10    Class 5. A second class Wine manufacturer may make sales
11and deliveries of more than 50,000 gallons of wine to
12manufacturers, importing distributors and distributors and to
13no other licensees.
14    Class 6. A first-class wine-maker's license shall allow
15the manufacture of up to 50,000 gallons of wine per year, and
16the storage and sale of such wine to distributors in the State
17and to persons without the State, as may be permitted by law. A
18person who, prior to June 1, 2008 (the effective date of Public
19Act 95-634), is a holder of a first-class wine-maker's license
20and annually produces more than 25,000 gallons of its own wine
21and who distributes its wine to licensed retailers shall cease
22this practice on or before July 1, 2008 in compliance with
23Public Act 95-634. If a first-class wine-maker manufactures
24beer, it shall also obtain and shall only be eligible for, in
25addition to any current license, a class 1 brewer license,
26shall not manufacture more than 930,000 gallons of beer per

 

 

SB3359 Engrossed- 5 -LRB103 37014 RPS 67129 b

1year, and shall not be a member of or affiliated with, directly
2or indirectly, a manufacturer that produces more than 930,000
3gallons of beer per year. If the first-class wine-maker
4manufactures spirits, it shall also obtain and shall only be
5eligible for, in addition to any current license, a class 1
6craft distiller license, shall not manufacture more than
750,000 gallons of spirits per year, and shall not be a member
8of or affiliated with, directly or indirectly, a manufacturer
9that produces more than 50,000 gallons of spirits per year. A
10first-class wine-maker holding a class 1 brewer license or a
11class 1 craft distiller license shall not be eligible for a
12wine-maker's premises license but shall be permitted to sell
13wine manufactured at the first-class wine-maker premises to
14non-licensees.
15    Class 7. A second-class wine-maker's license shall allow
16the manufacture of up to 150,000 gallons of wine per year, and
17the storage and sale of such wine to distributors in this State
18and to persons without the State, as may be permitted by law. A
19person who, prior to June 1, 2008 (the effective date of Public
20Act 95-634), is a holder of a second-class wine-maker's
21license and annually produces more than 25,000 gallons of its
22own wine and who distributes its wine to licensed retailers
23shall cease this practice on or before July 1, 2008 in
24compliance with Public Act 95-634. If a second-class
25wine-maker manufactures beer, it shall also obtain and shall
26only be eligible for, in addition to any current license, a

 

 

SB3359 Engrossed- 6 -LRB103 37014 RPS 67129 b

1class 2 brewer license, shall not manufacture more than
23,720,000 gallons of beer per year, and shall not be a member
3of or affiliated with, directly or indirectly, a manufacturer
4that produces more than 3,720,000 gallons of beer per year. If
5a second-class wine-maker manufactures spirits, it shall also
6obtain and shall only be eligible for, in addition to any
7current license, a class 2 craft distiller license, shall not
8manufacture more than 100,000 gallons of spirits per year, and
9shall not be a member of or affiliated with, directly or
10indirectly, a manufacturer that produces more than 100,000
11gallons of spirits per year.
12    Class 8. A limited wine-manufacturer may make sales and
13deliveries not to exceed 40,000 gallons of wine per year to
14distributors, and to non-licensees in accordance with the
15provisions of this Act.
16    Class 9. A craft distiller license, which may only be held
17by a class 1 craft distiller licensee or class 2 craft
18distiller licensee but not held by both a class 1 craft
19distiller licensee and a class 2 craft distiller licensee,
20shall grant all rights conveyed by either: (i) a class 1 craft
21distiller license if the craft distiller holds a class 1 craft
22distiller license; or (ii) a class 2 craft distiller licensee
23if the craft distiller holds a class 2 craft distiller
24license.
25    Class 10. A class 1 craft distiller license, which may
26only be issued to a licensed craft distiller or licensed

 

 

SB3359 Engrossed- 7 -LRB103 37014 RPS 67129 b

1non-resident dealer, shall allow the manufacture of up to
250,000 gallons of spirits per year provided that the class 1
3craft distiller licensee does not manufacture more than a
4combined 50,000 gallons of spirits per year and is not a member
5of or affiliated with, directly or indirectly, a manufacturer
6that produces more than 50,000 gallons of spirits per year. If
7a class 1 craft distiller manufactures beer, it shall also
8obtain and shall only be eligible for, in addition to any
9current license, a class 1 brewer license, shall not
10manufacture more than 930,000 gallons of beer per year, and
11shall not be a member of or affiliated with, directly or
12indirectly, a manufacturer that produces more than 930,000
13gallons of beer per year. If a class 1 craft distiller
14manufactures wine, it shall also obtain and shall only be
15eligible for, in addition to any current license, a
16first-class wine-manufacturer license or a first-class
17wine-maker's license, shall not manufacture more than 50,000
18gallons of wine per year, and shall not be a member of or
19affiliated with, directly or indirectly, a manufacturer that
20produces more than 50,000 gallons of wine per year. A class 1
21craft distiller licensee may make sales and deliveries to
22importing distributors and distributors and to retail
23licensees in accordance with the conditions set forth in
24paragraph (19) of subsection (a) of Section 3-12 of this Act.
25However, the aggregate amount of spirits sold to non-licensees
26and sold or delivered to retail licensees may not exceed 5,000

 

 

SB3359 Engrossed- 8 -LRB103 37014 RPS 67129 b

1gallons per year.
2    A class 1 craft distiller licensee may sell up to 5,000
3gallons of such spirits to non-licensees to the extent
4permitted by any exemption approved by the State Commission
5pursuant to Section 6-4 of this Act. A class 1 craft distiller
6license holder may store such spirits at a non-contiguous
7licensed location, but at no time shall a class 1 craft
8distiller license holder directly or indirectly produce in the
9aggregate more than 50,000 gallons of spirits per year.
10    A class 1 craft distiller licensee may hold more than one
11class 1 craft distiller's license. However, a class 1 craft
12distiller that holds more than one class 1 craft distiller
13license shall not manufacture, in the aggregate, more than
1450,000 gallons of spirits by distillation per year and shall
15not sell, in the aggregate, more than 5,000 gallons of such
16spirits to non-licensees in accordance with an exemption
17approved by the State Commission pursuant to Section 6-4 of
18this Act.
19    Class 11. A class 2 craft distiller license, which may
20only be issued to a licensed craft distiller or licensed
21non-resident dealer, shall allow the manufacture of up to
22100,000 gallons of spirits per year provided that the class 2
23craft distiller licensee does not manufacture more than a
24combined 100,000 gallons of spirits per year and is not a
25member of or affiliated with, directly or indirectly, a
26manufacturer that produces more than 100,000 gallons of

 

 

SB3359 Engrossed- 9 -LRB103 37014 RPS 67129 b

1spirits per year. If a class 2 craft distiller manufactures
2beer, it shall also obtain and shall only be eligible for, in
3addition to any current license, a class 2 brewer license,
4shall not manufacture more than 3,720,000 gallons of beer per
5year, and shall not be a member of or affiliated with, directly
6or indirectly, a manufacturer that produces more than
73,720,000 gallons of beer per year. If a class 2 craft
8distiller manufactures wine, it shall also obtain and shall
9only be eligible for, in addition to any current license, a
10second-class wine-maker's license, shall not manufacture more
11than 150,000 gallons of wine per year, and shall not be a
12member of or affiliated with, directly or indirectly, a
13manufacturer that produces more than 150,000 gallons of wine
14per year. A class 2 craft distiller licensee may make sales and
15deliveries to importing distributors and distributors, but
16shall not make sales or deliveries to any other licensee. If
17the State Commission provides prior approval, a class 2 craft
18distiller licensee may annually transfer up to 100,000 gallons
19of spirits manufactured by that class 2 craft distiller
20licensee to the premises of a licensed class 2 craft distiller
21wholly owned and operated by the same licensee. A class 2 craft
22distiller may transfer spirits to a distilling pub wholly
23owned and operated by the class 2 craft distiller subject to
24the following limitations and restrictions: (i) the transfer
25shall not annually exceed more than 5,000 gallons; (ii) the
26annual amount transferred shall reduce the distilling pub's

 

 

SB3359 Engrossed- 10 -LRB103 37014 RPS 67129 b

1annual permitted production limit; (iii) all spirits
2transferred shall be subject to Article VIII of this Act; (iv)
3a written record shall be maintained by the distiller and
4distilling pub specifying the amount, date of delivery, and
5receipt of the product by the distilling pub; and (v) the
6distilling pub shall be located no farther than 80 miles from
7the class 2 craft distiller's licensed location.
8    A class 2 craft distiller shall, prior to transferring
9spirits to a distilling pub wholly owned by the class 2 craft
10distiller, furnish a written notice to the State Commission of
11intent to transfer spirits setting forth the name and address
12of the distilling pub and shall annually submit to the State
13Commission a verified report identifying the total gallons of
14spirits transferred to the distilling pub wholly owned by the
15class 2 craft distiller.
16    A class 2 craft distiller license holder may store such
17spirits at a non-contiguous licensed location, but at no time
18shall a class 2 craft distiller license holder directly or
19indirectly produce in the aggregate more than 100,000 gallons
20of spirits per year.
21    Class 12. A class 1 brewer license, which may only be
22issued to a licensed brewer or licensed non-resident dealer,
23shall allow the manufacture of up to 930,000 gallons of beer
24per year provided that the class 1 brewer licensee does not
25manufacture more than a combined 930,000 gallons of beer per
26year and is not a member of or affiliated with, directly or

 

 

SB3359 Engrossed- 11 -LRB103 37014 RPS 67129 b

1indirectly, a manufacturer that produces more than 930,000
2gallons of beer per year. If a class 1 brewer manufactures
3spirits, it shall also obtain and shall only be eligible for,
4in addition to any current license, a class 1 craft distiller
5license, shall not manufacture more than 50,000 gallons of
6spirits per year, and shall not be a member of or affiliated
7with, directly or indirectly, a manufacturer that produces
8more than 50,000 gallons of spirits per year. If a class 1
9craft brewer manufactures wine, it shall also obtain and shall
10only be eligible for, in addition to any current license, a
11first-class wine-manufacturer license or a first-class
12wine-maker's license, shall not manufacture more than 50,000
13gallons of wine per year, and shall not be a member of or
14affiliated with, directly or indirectly, a manufacturer that
15produces more than 50,000 gallons of wine per year. A class 1
16brewer licensee may make sales and deliveries to importing
17distributors and distributors and to retail licensees in
18accordance with the conditions set forth in paragraph (18) of
19subsection (a) of Section 3-12 of this Act. If the State
20Commission provides prior approval, a class 1 brewer may
21annually transfer up to 930,000 gallons of beer manufactured
22by that class 1 brewer to the premises of a licensed class 1
23brewer wholly owned and operated by the same licensee.
24    Class 13. A class 2 brewer license, which may only be
25issued to a licensed brewer or licensed non-resident dealer,
26shall allow the manufacture of up to 3,720,000 gallons of beer

 

 

SB3359 Engrossed- 12 -LRB103 37014 RPS 67129 b

1per year provided that the class 2 brewer licensee does not
2manufacture more than a combined 3,720,000 gallons of beer per
3year and is not a member of or affiliated with, directly or
4indirectly, a manufacturer that produces more than 3,720,000
5gallons of beer per year. If a class 2 brewer manufactures
6spirits, it shall also obtain and shall only be eligible for,
7in addition to any current license, a class 2 craft distiller
8license, shall not manufacture more than 100,000 gallons of
9spirits per year, and shall not be a member of or affiliated
10with, directly or indirectly, a manufacturer that produces
11more than 100,000 gallons of spirits per year. If a class 2
12craft distiller manufactures wine, it shall also obtain and
13shall only be eligible for, in addition to any current
14license, a second-class wine-maker's license, shall not
15manufacture more than 150,000 gallons of wine per year, and
16shall not be a member of or affiliated with, directly or
17indirectly, a manufacturer that produces more than 150,000
18gallons of wine a year. A class 2 brewer licensee may make
19sales and deliveries to importing distributors and
20distributors, but shall not make sales or deliveries to any
21other licensee. If the State Commission provides prior
22approval, a class 2 brewer licensee may annually transfer up
23to 3,720,000 gallons of beer manufactured by that class 2
24brewer licensee to the premises of a licensed class 2 brewer
25wholly owned and operated by the same licensee.
26    A class 2 brewer may transfer beer to a brew pub wholly

 

 

SB3359 Engrossed- 13 -LRB103 37014 RPS 67129 b

1owned and operated by the class 2 brewer subject to the
2following limitations and restrictions: (i) the transfer shall
3not annually exceed more than 31,000 gallons; (ii) the annual
4amount transferred shall reduce the brew pub's annual
5permitted production limit; (iii) all beer transferred shall
6be subject to Article VIII of this Act; (iv) a written record
7shall be maintained by the brewer and brew pub specifying the
8amount, date of delivery, and receipt of the product by the
9brew pub; and (v) the brew pub shall be located no farther than
1080 miles from the class 2 brewer's licensed location.
11    A class 2 brewer shall, prior to transferring beer to a
12brew pub wholly owned by the class 2 brewer, furnish a written
13notice to the State Commission of intent to transfer beer
14setting forth the name and address of the brew pub and shall
15annually submit to the State Commission a verified report
16identifying the total gallons of beer transferred to the brew
17pub wholly owned by the class 2 brewer.
18    Class 14. A class 3 brewer license, which may be issued to
19a brewer or a non-resident dealer, shall allow the manufacture
20of no more than 465,000 gallons of beer per year and no more
21than 155,000 gallons at a single brewery premises, and shall
22allow the sale of no more than 6,200 gallons of beer from each
23in-state or out-of-state class 3 brewery premises, or 18,600
24gallons in the aggregate, to retail licensees, class 1
25brewers, class 2 brewers, and class 3 brewers as long as the
26class 3 brewer licensee does not manufacture more than a

 

 

SB3359 Engrossed- 14 -LRB103 37014 RPS 67129 b

1combined 465,000 gallons of beer per year and is not a member
2of or affiliated with, directly or indirectly, a manufacturer
3that produces more than 465,000 gallons of beer per year to
4make sales to importing distributors, distributors, retail
5licensees, brewers, class 1 brewers, class 2 brewers, and
6class 3 brewers in accordance with the conditions set forth in
7paragraph (20) of subsection (a) of Section 3-12. If the State
8Commission provides prior approval, a class 3 brewer may
9annually transfer up to 155,000 gallons of beer manufactured
10by that class 3 brewer to the premises of a licensed class 3
11brewer wholly owned and operated by the same licensee. A class
123 brewer shall manufacture beer at the brewer's class 3
13designated licensed premises, and may sell beer as otherwise
14provided in this Act.
15    (a-1) A manufacturer which is licensed in this State to
16make sales or deliveries of alcoholic liquor to licensed
17distributors or importing distributors and which enlists
18agents, representatives, or individuals acting on its behalf
19who contact licensed retailers on a regular and continual
20basis in this State must register those agents,
21representatives, or persons acting on its behalf with the
22State Commission.
23    Registration of agents, representatives, or persons acting
24on behalf of a manufacturer is fulfilled by submitting a form
25to the Commission. The form shall be developed by the
26Commission and shall include the name and address of the

 

 

SB3359 Engrossed- 15 -LRB103 37014 RPS 67129 b

1applicant, the name and address of the manufacturer he or she
2represents, the territory or areas assigned to sell to or
3discuss pricing terms of alcoholic liquor, and any other
4questions deemed appropriate and necessary. All statements in
5the forms required to be made by law or by rule shall be deemed
6material, and any person who knowingly misstates any material
7fact under oath in an application is guilty of a Class B
8misdemeanor. Fraud, misrepresentation, false statements,
9misleading statements, evasions, or suppression of material
10facts in the securing of a registration are grounds for
11suspension or revocation of the registration. The State
12Commission shall post a list of registered agents on the
13Commission's website.
14    (b) A distributor's license shall allow (i) the wholesale
15purchase and storage of alcoholic liquors and sale of
16alcoholic liquors to licensees in this State and to persons
17without the State, as may be permitted by law; (ii) the sale of
18beer, cider, mead, or any combination thereof to brewers,
19class 1 brewers, and class 2 brewers that, pursuant to
20subsection (e) of Section 6-4 of this Act, sell beer, cider,
21mead, or any combination thereof to non-licensees at their
22breweries; (iii) the sale of vermouth to class 1 craft
23distillers and class 2 craft distillers that, pursuant to
24subsection (e) of Section 6-4 of this Act, sell spirits,
25vermouth, or both spirits and vermouth to non-licensees at
26their distilleries; or (iv) as otherwise provided in this Act.

 

 

SB3359 Engrossed- 16 -LRB103 37014 RPS 67129 b

1No person licensed as a distributor shall be granted a
2non-resident dealer's license.
3    (c) An importing distributor's license may be issued to
4and held by those only who are duly licensed distributors,
5upon the filing of an application by a duly licensed
6distributor, with the Commission and the Commission shall,
7without the payment of any fee, immediately issue such
8importing distributor's license to the applicant, which shall
9allow the importation of alcoholic liquor by the licensee into
10this State from any point in the United States outside this
11State, and the purchase of alcoholic liquor in barrels, casks
12or other bulk containers and the bottling of such alcoholic
13liquors before resale thereof, but all bottles or containers
14so filled shall be sealed, labeled, stamped and otherwise made
15to comply with all provisions, rules and regulations governing
16manufacturers in the preparation and bottling of alcoholic
17liquors. The importing distributor's license shall permit such
18licensee to purchase alcoholic liquor from Illinois licensed
19non-resident dealers and foreign importers only. No person
20licensed as an importing distributor shall be granted a
21non-resident dealer's license.
22    (d) A retailer's license shall allow the licensee to sell
23and offer for sale at retail, only in the premises specified in
24the license, alcoholic liquor for use or consumption, but not
25for resale in any form. Except as provided in Section 6-16,
266-29, or 6-29.1, nothing in this Act shall deny, limit,

 

 

SB3359 Engrossed- 17 -LRB103 37014 RPS 67129 b

1remove, or restrict the ability of a holder of a retailer's
2license to transfer or ship alcoholic liquor to the purchaser
3for use or consumption subject to any applicable local law or
4ordinance. For the purposes of this Section, "shipping" means
5the movement of alcoholic liquor from a licensed retailer to a
6consumer via a common carrier. Except as provided in Section
76-16, 6-29, or 6-29.1 and subject to the delivery requirements
8of Sections 6-28.9 and 6-28.10, nothing in this Act shall
9deny, limit, remove, or restrict the ability of a holder of a
10retailer's license to deliver alcoholic liquor to the
11purchaser for use or consumption. The delivery shall be made
12only within 12 hours from the time the alcoholic liquor leaves
13the licensed premises of the retailer for delivery. For the
14purposes of this Section, "delivery" means the movement of
15alcoholic liquor purchased from a licensed retailer to a
16consumer through the following methods:
17        (1) delivery within licensed retailer's parking lot,
18    including curbside, for pickup by the consumer;
19        (2) delivery by an owner, officer, director,
20    shareholder, or employee of the licensed retailer; or
21        (3) delivery by a third-party retailer delivery
22    licensee contractor, independent contractor, or agent with
23    whom the licensed retailer has contracted to make
24    deliveries of alcoholic liquors.
25    Under subsection (1), (2), or (3), delivery shall not
26include the use of common carriers.

 

 

SB3359 Engrossed- 18 -LRB103 37014 RPS 67129 b

1    Any retail license issued to a manufacturer shall only
2permit the manufacturer to sell beer at retail on the premises
3actually occupied by the manufacturer. For the purpose of
4further describing the type of business conducted at a retail
5licensed premises, a retailer's licensee may be designated by
6the State Commission as (i) an on premise consumption
7retailer, (ii) an off premise sale retailer, or (iii) a
8combined on premise consumption and off premise sale retailer.
9    Except for a municipality with a population of more than
101,000,000 inhabitants, a home rule unit may not regulate the
11delivery of alcoholic liquor inconsistent with this
12subsection. This paragraph is a limitation under subsection
13(i) of Section 6 of Article VII of the Illinois Constitution on
14the concurrent exercise by home rule units of powers and
15functions exercised by the State. A non-home rule municipality
16may not regulate the delivery of alcoholic liquor inconsistent
17with this subsection.
18    Notwithstanding any other provision of this subsection
19(d), a retail licensee may sell alcoholic liquors to a special
20event retailer licensee for resale to the extent permitted
21under subsection (e).
22    (e) A special event retailer's license (not-for-profit)
23shall permit the licensee to purchase alcoholic liquors from
24an Illinois licensed distributor (unless the licensee
25purchases less than $500 of alcoholic liquors for the special
26event, in which case the licensee may purchase the alcoholic

 

 

SB3359 Engrossed- 19 -LRB103 37014 RPS 67129 b

1liquors from a licensed retailer) and shall allow the licensee
2to sell and offer for sale, at retail, alcoholic liquors for
3use or consumption, but not for resale in any form and only at
4the location and on the specific dates designated for the
5special event in the license. An applicant for a special event
6retailer license must (i) furnish with the application: (A) a
7resale number issued under Section 2c of the Retailers'
8Occupation Tax Act or evidence that the applicant is
9registered under Section 2a of the Retailers' Occupation Tax
10Act, (B) a current, valid exemption identification number
11issued under Section 1g of the Retailers' Occupation Tax Act,
12and a certification to the Commission that the purchase of
13alcoholic liquors will be a tax-exempt purchase, or (C) a
14statement that the applicant is not registered under Section
152a of the Retailers' Occupation Tax Act, does not hold a resale
16number under Section 2c of the Retailers' Occupation Tax Act,
17and does not hold an exemption number under Section 1g of the
18Retailers' Occupation Tax Act, in which event the Commission
19shall set forth on the special event retailer's license a
20statement to that effect; (ii) submit with the application
21proof satisfactory to the State Commission that the applicant
22will provide dram shop liability insurance in the maximum
23limits; and (iii) show proof satisfactory to the State
24Commission that the applicant has obtained local authority
25approval.
26    Nothing in this Act prohibits an Illinois licensed

 

 

SB3359 Engrossed- 20 -LRB103 37014 RPS 67129 b

1distributor from offering credit or a refund for unused,
2salable alcoholic liquors to a holder of a special event
3retailer's license or the special event retailer's licensee
4from accepting the credit or refund of alcoholic liquors at
5the conclusion of the event specified in the license.
6    (f) A railroad license shall permit the licensee to import
7alcoholic liquors into this State from any point in the United
8States outside this State and to store such alcoholic liquors
9in this State; to make wholesale purchases of alcoholic
10liquors directly from manufacturers, foreign importers,
11distributors and importing distributors from within or outside
12this State; and to store such alcoholic liquors in this State;
13provided that the above powers may be exercised only in
14connection with the importation, purchase or storage of
15alcoholic liquors to be sold or dispensed on a club, buffet,
16lounge or dining car operated on an electric, gas or steam
17railway in this State; and provided further, that railroad
18licensees exercising the above powers shall be subject to all
19provisions of Article VIII of this Act as applied to importing
20distributors. A railroad license shall also permit the
21licensee to sell or dispense alcoholic liquors on any club,
22buffet, lounge or dining car operated on an electric, gas or
23steam railway regularly operated by a common carrier in this
24State, but shall not permit the sale for resale of any
25alcoholic liquors to any licensee within this State. A license
26shall be obtained for each car in which such sales are made.

 

 

SB3359 Engrossed- 21 -LRB103 37014 RPS 67129 b

1    (g) A boat license shall allow the sale of alcoholic
2liquor in individual drinks, on any passenger boat regularly
3operated as a common carrier on navigable waters in this State
4or on any riverboat operated under the Illinois Gambling Act,
5which boat or riverboat maintains a public dining room or
6restaurant thereon.
7    (h) A non-beverage user's license shall allow the licensee
8to purchase alcoholic liquor from a licensed manufacturer or
9importing distributor, without the imposition of any tax upon
10the business of such licensed manufacturer or importing
11distributor as to such alcoholic liquor to be used by such
12licensee solely for the non-beverage purposes set forth in
13subsection (a) of Section 8-1 of this Act, and such licenses
14shall be divided and classified and shall permit the purchase,
15possession and use of limited and stated quantities of
16alcoholic liquor as follows:
17Class 1, not to exceed ......................... 500 gallons
18Class 2, not to exceed ....................... 1,000 gallons
19Class 3, not to exceed ....................... 5,000 gallons
20Class 4, not to exceed ...................... 10,000 gallons
21Class 5, not to exceed ....................... 50,000 gallons
22    (i) A wine-maker's premises license shall allow a licensee
23that concurrently holds a first-class wine-maker's license to
24sell and offer for sale at retail in the premises specified in
25such license not more than 50,000 gallons of the first-class
26wine-maker's wine that is made at the first-class wine-maker's

 

 

SB3359 Engrossed- 22 -LRB103 37014 RPS 67129 b

1licensed premises per year for use or consumption, but not for
2resale in any form. A wine-maker's premises license shall
3allow a licensee who concurrently holds a second-class
4wine-maker's license to sell and offer for sale at retail in
5the premises specified in such license up to 100,000 gallons
6of the second-class wine-maker's wine that is made at the
7second-class wine-maker's licensed premises per year for use
8or consumption but not for resale in any form. A first-class
9wine-maker that concurrently holds a class 1 brewer license or
10a class 1 craft distiller license shall not be eligible to hold
11a wine-maker's premises license. A wine-maker's premises
12license shall allow a licensee that concurrently holds a
13first-class wine-maker's license or a second-class
14wine-maker's license to sell and offer for sale at retail at
15the premises specified in the wine-maker's premises license,
16for use or consumption but not for resale in any form, any
17beer, wine, and spirits purchased from a licensed distributor.
18Upon approval from the State Commission, a wine-maker's
19premises license shall allow the licensee to sell and offer
20for sale at (i) the wine-maker's licensed premises and (ii) at
21up to 2 additional locations for use and consumption and not
22for resale. Each location shall require additional licensing
23per location as specified in Section 5-3 of this Act. A
24wine-maker's premises licensee shall secure liquor liability
25insurance coverage in an amount at least equal to the maximum
26liability amounts set forth in subsection (a) of Section 6-21

 

 

SB3359 Engrossed- 23 -LRB103 37014 RPS 67129 b

1of this Act.
2    (j) An airplane license shall permit the licensee to
3import alcoholic liquors into this State from any point in the
4United States outside this State and to store such alcoholic
5liquors in this State; to make wholesale purchases of
6alcoholic liquors directly from manufacturers, foreign
7importers, distributors and importing distributors from within
8or outside this State; and to store such alcoholic liquors in
9this State; provided that the above powers may be exercised
10only in connection with the importation, purchase or storage
11of alcoholic liquors to be sold or dispensed on an airplane;
12and provided further, that airplane licensees exercising the
13above powers shall be subject to all provisions of Article
14VIII of this Act as applied to importing distributors. An
15airplane licensee shall also permit the sale or dispensing of
16alcoholic liquors on any passenger airplane regularly operated
17by a common carrier in this State, but shall not permit the
18sale for resale of any alcoholic liquors to any licensee
19within this State. A single airplane license shall be required
20of an airline company if liquor service is provided on board
21aircraft in this State. The annual fee for such license shall
22be as determined in Section 5-3.
23    (k) A foreign importer's license shall permit such
24licensee to purchase alcoholic liquor from Illinois licensed
25non-resident dealers only, and to import alcoholic liquor
26other than in bulk from any point outside the United States and

 

 

SB3359 Engrossed- 24 -LRB103 37014 RPS 67129 b

1to sell such alcoholic liquor to Illinois licensed importing
2distributors and to no one else in Illinois; provided that (i)
3the foreign importer registers with the State Commission every
4brand of alcoholic liquor that it proposes to sell to Illinois
5licensees during the license period, (ii) the foreign importer
6complies with all of the provisions of Section 6-9 of this Act
7with respect to registration of such Illinois licensees as may
8be granted the right to sell such brands at wholesale, and
9(iii) the foreign importer complies with the provisions of
10Sections 6-5 and 6-6 of this Act to the same extent that these
11provisions apply to manufacturers.
12    (l) (i) A broker's license shall be required of all
13persons who solicit orders for, offer to sell or offer to
14supply alcoholic liquor to retailers in the State of Illinois,
15or who offer to retailers to ship or cause to be shipped or to
16make contact with distillers, craft distillers, rectifiers,
17brewers or manufacturers or any other party within or without
18the State of Illinois in order that alcoholic liquors be
19shipped to a distributor, importing distributor or foreign
20importer, whether such solicitation or offer is consummated
21within or without the State of Illinois.
22    No holder of a retailer's license issued by the Illinois
23Liquor Control Commission shall purchase or receive any
24alcoholic liquor, the order for which was solicited or offered
25for sale to such retailer by a broker unless the broker is the
26holder of a valid broker's license.

 

 

SB3359 Engrossed- 25 -LRB103 37014 RPS 67129 b

1    The broker shall, upon the acceptance by a retailer of the
2broker's solicitation of an order or offer to sell or supply or
3deliver or have delivered alcoholic liquors, promptly forward
4to the Illinois Liquor Control Commission a notification of
5said transaction in such form as the Commission may by
6regulations prescribe.
7    (ii) A broker's license shall be required of a person
8within this State, other than a retail licensee, who, for a fee
9or commission, promotes, solicits, or accepts orders for
10alcoholic liquor, for use or consumption and not for resale,
11to be shipped from this State and delivered to residents
12outside of this State by an express company, common carrier,
13or contract carrier. This Section does not apply to any person
14who promotes, solicits, or accepts orders for wine as
15specifically authorized in Section 6-29 of this Act.
16    A broker's license under this subsection (l) shall not
17entitle the holder to buy or sell any alcoholic liquors for his
18own account or to take or deliver title to such alcoholic
19liquors.
20    This subsection (l) shall not apply to distributors,
21employees of distributors, or employees of a manufacturer who
22has registered the trademark, brand or name of the alcoholic
23liquor pursuant to Section 6-9 of this Act, and who regularly
24sells such alcoholic liquor in the State of Illinois only to
25its registrants thereunder.
26    Any agent, representative, or person subject to

 

 

SB3359 Engrossed- 26 -LRB103 37014 RPS 67129 b

1registration pursuant to subsection (a-1) of this Section
2shall not be eligible to receive a broker's license.
3    (m) A non-resident dealer's license shall permit such
4licensee to ship into and warehouse alcoholic liquor into this
5State from any point outside of this State, and to sell such
6alcoholic liquor to Illinois licensed foreign importers and
7importing distributors and to no one else in this State;
8provided that (i) said non-resident dealer shall register with
9the Illinois Liquor Control Commission each and every brand of
10alcoholic liquor which it proposes to sell to Illinois
11licensees during the license period, (ii) it shall comply with
12all of the provisions of Section 6-9 hereof with respect to
13registration of such Illinois licensees as may be granted the
14right to sell such brands at wholesale by duly filing such
15registration statement, thereby authorizing the non-resident
16dealer to proceed to sell such brands at wholesale, and (iii)
17the non-resident dealer shall comply with the provisions of
18Sections 6-5 and 6-6 of this Act to the same extent that these
19provisions apply to manufacturers. No person licensed as a
20non-resident dealer shall be granted a distributor's or
21importing distributor's license.
22    (n) A brew pub license shall allow the licensee to only (i)
23manufacture up to 155,000 gallons of beer per year only on the
24premises specified in the license, (ii) make sales of the beer
25manufactured on the premises or, with the approval of the
26Commission, beer manufactured on another brew pub licensed

 

 

SB3359 Engrossed- 27 -LRB103 37014 RPS 67129 b

1premises that is wholly owned and operated by the same
2licensee to importing distributors, distributors, and to
3non-licensees for use and consumption, (iii) store the beer
4upon the premises, (iv) sell and offer for sale at retail from
5the licensed premises for off-premises consumption no more
6than 155,000 gallons per year so long as such sales are only
7made in-person, (v) sell and offer for sale at retail for use
8and consumption on the premises specified in the license any
9form of alcoholic liquor purchased from a licensed distributor
10or importing distributor, (vi) with the prior approval of the
11Commission, annually transfer no more than 155,000 gallons of
12beer manufactured on the premises to a licensed brew pub
13wholly owned and operated by the same licensee, and (vii)
14notwithstanding item (i) of this subsection, brew pubs wholly
15owned and operated by the same licensee may combine each
16location's production limit of 155,000 gallons of beer per
17year and allocate the aggregate total between the wholly
18owned, operated, and licensed locations.
19    A brew pub licensee shall not under any circumstance sell
20or offer for sale beer manufactured by the brew pub licensee to
21retail licensees.
22    A person who holds a class 2 brewer license may
23simultaneously hold a brew pub license if the class 2 brewer
24(i) does not, under any circumstance, sell or offer for sale
25beer manufactured by the class 2 brewer to retail licensees;
26(ii) does not hold more than 3 brew pub licenses in this State;

 

 

SB3359 Engrossed- 28 -LRB103 37014 RPS 67129 b

1(iii) does not manufacture more than a combined 3,720,000
2gallons of beer per year, including the beer manufactured at
3the brew pub; and (iv) is not a member of or affiliated with,
4directly or indirectly, a manufacturer that produces more than
53,720,000 gallons of beer per year or any other alcoholic
6liquor.
7    Notwithstanding any other provision of this Act, a
8licensed brewer, class 2 brewer, or non-resident dealer who
9before July 1, 2015 manufactured less than 3,720,000 gallons
10of beer per year and held a brew pub license on or before July
111, 2015 may (i) continue to qualify for and hold that brew pub
12license for the licensed premises and (ii) manufacture more
13than 3,720,000 gallons of beer per year and continue to
14qualify for and hold that brew pub license if that brewer,
15class 2 brewer, or non-resident dealer does not simultaneously
16hold a class 1 brewer license and is not a member of or
17affiliated with, directly or indirectly, a manufacturer that
18produces more than 3,720,000 gallons of beer per year or that
19produces any other alcoholic liquor.
20    A brew pub licensee may apply for a class 3 brewer license
21and, upon meeting all applicable qualifications of this Act
22and relinquishing all commonly owned brew pub or retail
23licenses, shall be issued a class 3 brewer license. Nothing in
24this Act shall prohibit the issuance of a class 3 brewer
25license if the applicant:
26        (1) has a valid retail license on or before May 1,

 

 

SB3359 Engrossed- 29 -LRB103 37014 RPS 67129 b

1    2021;
2        (2) has an ownership interest in at least two brew
3    pubs licenses on or before May 1, 2021;
4        (3) the brew pub licensee applies for a class 3 brewer
5    license on or before October 1, 2022 and relinquishes all
6    commonly owned brew pub licenses; and
7        (4) relinquishes all commonly owned retail licenses on
8    or before December 31, 2022.
9    If a brew pub licensee is issued a class 3 brewer license,
10the class 3 brewer license shall expire on the same date as the
11existing brew pub license and the State Commission shall not
12require a class 3 brewer licensee to obtain a brewer license,
13or in the alternative to pay a fee for a brewer license, until
14the date the brew pub license of the applicant would have
15expired.
16    (o) A caterer retailer license shall allow the holder to
17serve alcoholic liquors as an incidental part of a food
18service that serves prepared meals which excludes the serving
19of snacks as the primary meal, either on or off-site whether
20licensed or unlicensed. A caterer retailer license shall allow
21the holder, a distributor, or an importing distributor to
22transfer any inventory to and from the holder's retail
23premises and shall allow the holder to purchase alcoholic
24liquor from a distributor or importing distributor to be
25delivered directly to an off-site event.
26    Nothing in this Act prohibits a distributor or importing

 

 

SB3359 Engrossed- 30 -LRB103 37014 RPS 67129 b

1distributor from offering credit or a refund for unused,
2salable beer to a holder of a caterer retailer license or a
3caterer retailer licensee from accepting a credit or refund
4for unused, salable beer, in the event an act of God is the
5sole reason an off-site event is cancelled and if: (i) the
6holder of a caterer retailer license has not transferred
7alcoholic liquor from its caterer retailer premises to an
8off-site location; (ii) the distributor or importing
9distributor offers the credit or refund for the unused,
10salable beer that it delivered to the off-site premises and
11not for any unused, salable beer that the distributor or
12importing distributor delivered to the caterer retailer's
13premises; and (iii) the unused, salable beer would likely
14spoil if transferred to the caterer retailer's premises. A
15caterer retailer license shall allow the holder to transfer
16any inventory from any off-site location to its caterer
17retailer premises at the conclusion of an off-site event or
18engage a distributor or importing distributor to transfer any
19inventory from any off-site location to its caterer retailer
20premises at the conclusion of an off-site event, provided that
21the distributor or importing distributor issues bona fide
22charges to the caterer retailer licensee for fuel, labor, and
23delivery and the distributor or importing distributor collects
24payment from the caterer retailer licensee prior to the
25distributor or importing distributor transferring inventory to
26the caterer retailer premises.

 

 

SB3359 Engrossed- 31 -LRB103 37014 RPS 67129 b

1    For purposes of this subsection (o), an "act of God" means
2an unforeseeable event, such as a rain or snow storm, hail, a
3flood, or a similar event, that is the sole cause of the
4cancellation of an off-site, outdoor event.
5    (p) An auction liquor license shall allow the licensee to
6sell and offer for sale at auction wine and spirits for use or
7consumption, or for resale by an Illinois liquor licensee in
8accordance with provisions of this Act. An auction liquor
9license will be issued to a person and it will permit the
10auction liquor licensee to hold the auction anywhere in the
11State. An auction liquor license must be obtained for each
12auction at least 14 days in advance of the auction date.
13    (q) A special use permit license shall allow an Illinois
14licensed retailer to transfer a portion of its alcoholic
15liquor inventory from its retail licensed premises to the
16premises specified in the license hereby created; to purchase
17alcoholic liquor from a distributor or importing distributor
18to be delivered directly to the location specified in the
19license hereby created; and to sell or offer for sale at
20retail, only in the premises specified in the license hereby
21created, the transferred or delivered alcoholic liquor for use
22or consumption, but not for resale in any form. A special use
23permit license may be granted for the following time periods:
24one day or less; 2 or more days to a maximum of 15 days per
25location in any 12-month period. An applicant for the special
26use permit license must also submit with the application proof

 

 

SB3359 Engrossed- 32 -LRB103 37014 RPS 67129 b

1satisfactory to the State Commission that the applicant will
2provide dram shop liability insurance to the maximum limits
3and have local authority approval.
4    A special use permit license shall allow the holder to
5transfer any inventory from the holder's special use premises
6to its retail premises at the conclusion of the special use
7event or engage a distributor or importing distributor to
8transfer any inventory from the holder's special use premises
9to its retail premises at the conclusion of an off-site event,
10provided that the distributor or importing distributor issues
11bona fide charges to the special use permit licensee for fuel,
12labor, and delivery and the distributor or importing
13distributor collects payment from the retail licensee prior to
14the distributor or importing distributor transferring
15inventory to the retail premises.
16    Nothing in this Act prohibits a distributor or importing
17distributor from offering credit or a refund for unused,
18salable beer to a special use permit licensee or a special use
19permit licensee from accepting a credit or refund for unused,
20salable beer at the conclusion of the event specified in the
21license if: (i) the holder of the special use permit license
22has not transferred alcoholic liquor from its retail licensed
23premises to the premises specified in the special use permit
24license; (ii) the distributor or importing distributor offers
25the credit or refund for the unused, salable beer that it
26delivered to the premises specified in the special use permit

 

 

SB3359 Engrossed- 33 -LRB103 37014 RPS 67129 b

1license and not for any unused, salable beer that the
2distributor or importing distributor delivered to the
3retailer's premises; and (iii) the unused, salable beer would
4likely spoil if transferred to the retailer premises.
5    (r) A winery shipper's license shall allow a person with a
6first-class or second-class wine manufacturer's license, a
7first-class or second-class wine-maker's license, or a limited
8wine manufacturer's license or who is licensed to make wine
9under the laws of another state to ship wine made by that
10licensee directly to a resident of this State who is 21 years
11of age or older for that resident's personal use and not for
12resale. Prior to receiving a winery shipper's license, an
13applicant for the license must provide the Commission with a
14true copy of its current license in any state in which it is
15licensed as a manufacturer of wine. An applicant for a winery
16shipper's license must also complete an application form that
17provides any other information the Commission deems necessary.
18The application form shall include all addresses from which
19the applicant for a winery shipper's license intends to ship
20wine, including the name and address of any third party,
21except for a common carrier, authorized to ship wine on behalf
22of the manufacturer. The application form shall include an
23acknowledgement consenting to the jurisdiction of the
24Commission, the Illinois Department of Revenue, and the courts
25of this State concerning the enforcement of this Act and any
26related laws, rules, and regulations, including authorizing

 

 

SB3359 Engrossed- 34 -LRB103 37014 RPS 67129 b

1the Department of Revenue and the Commission to conduct audits
2for the purpose of ensuring compliance with Public Act 95-634,
3and an acknowledgement that the wine manufacturer is in
4compliance with Section 6-2 of this Act. Any third party,
5except for a common carrier, authorized to ship wine on behalf
6of a first-class or second-class wine manufacturer's licensee,
7a first-class or second-class wine-maker's licensee, a limited
8wine manufacturer's licensee, or a person who is licensed to
9make wine under the laws of another state shall also be
10disclosed by the winery shipper's licensee, and a copy of the
11written appointment of the third-party wine provider, except
12for a common carrier, to the wine manufacturer shall be filed
13with the State Commission as a supplement to the winery
14shipper's license application or any renewal thereof. The
15winery shipper's license holder shall affirm under penalty of
16perjury, as part of the winery shipper's license application
17or renewal, that he or she only ships wine, either directly or
18indirectly through a third-party provider, from the licensee's
19own production.
20    Except for a common carrier, a third-party provider
21shipping wine on behalf of a winery shipper's license holder
22is the agent of the winery shipper's license holder and, as
23such, a winery shipper's license holder is responsible for the
24acts and omissions of the third-party provider acting on
25behalf of the license holder. A third-party provider, except
26for a common carrier, that engages in shipping wine into

 

 

SB3359 Engrossed- 35 -LRB103 37014 RPS 67129 b

1Illinois on behalf of a winery shipper's license holder shall
2consent to the jurisdiction of the State Commission and the
3State. Any third-party, except for a common carrier, holding
4such an appointment shall, by February 1 of each calendar year
5and upon request by the State Commission or the Department of
6Revenue, file with the State Commission a statement detailing
7each shipment made to an Illinois resident. The statement
8shall include the name and address of the third-party provider
9filing the statement, the time period covered by the
10statement, and the following information:
11        (1) the name, address, and license number of the
12    winery shipper on whose behalf the shipment was made;
13        (2) the quantity of the products delivered; and
14        (3) the date and address of the shipment.
15If the Department of Revenue or the State Commission requests
16a statement under this paragraph, the third-party provider
17must provide that statement no later than 30 days after the
18request is made. Any books, records, supporting papers, and
19documents containing information and data relating to a
20statement under this paragraph shall be kept and preserved for
21a period of 3 years, unless their destruction sooner is
22authorized, in writing, by the Director of Revenue, and shall
23be open and available to inspection by the Director of Revenue
24or the State Commission or any duly authorized officer, agent,
25or employee of the State Commission or the Department of
26Revenue, at all times during business hours of the day. Any

 

 

SB3359 Engrossed- 36 -LRB103 37014 RPS 67129 b

1person who violates any provision of this paragraph or any
2rule of the State Commission for the administration and
3enforcement of the provisions of this paragraph is guilty of a
4Class C misdemeanor. In case of a continuing violation, each
5day's continuance thereof shall be a separate and distinct
6offense.
7    The State Commission shall adopt rules as soon as
8practicable to implement the requirements of Public Act 99-904
9and shall adopt rules prohibiting any such third-party
10appointment of a third-party provider, except for a common
11carrier, that has been deemed by the State Commission to have
12violated the provisions of this Act with regard to any winery
13shipper licensee.
14    A winery shipper licensee must pay to the Department of
15Revenue the State liquor gallonage tax under Section 8-1 for
16all wine that is sold by the licensee and shipped to a person
17in this State. For the purposes of Section 8-1, a winery
18shipper licensee shall be taxed in the same manner as a
19manufacturer of wine. A licensee who is not otherwise required
20to register under the Retailers' Occupation Tax Act must
21register under the Use Tax Act to collect and remit use tax to
22the Department of Revenue for all gallons of wine that are sold
23by the licensee and shipped to persons in this State. If a
24licensee fails to remit the tax imposed under this Act in
25accordance with the provisions of Article VIII of this Act,
26the winery shipper's license shall be revoked in accordance

 

 

SB3359 Engrossed- 37 -LRB103 37014 RPS 67129 b

1with the provisions of Article VII of this Act. If a licensee
2fails to properly register and remit tax under the Use Tax Act
3or the Retailers' Occupation Tax Act for all wine that is sold
4by the winery shipper and shipped to persons in this State, the
5winery shipper's license shall be revoked in accordance with
6the provisions of Article VII of this Act.
7    A winery shipper licensee must collect, maintain, and
8submit to the Commission on a semi-annual basis the total
9number of cases per resident of wine shipped to residents of
10this State. A winery shipper licensed under this subsection
11(r) must comply with the requirements of Section 6-29 of this
12Act.
13    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
14Section 3-12, the State Commission may receive, respond to,
15and investigate any complaint and impose any of the remedies
16specified in paragraph (1) of subsection (a) of Section 3-12.
17    As used in this subsection, "third-party provider" means
18any entity that provides fulfillment house services, including
19warehousing, packaging, distribution, order processing, or
20shipment of wine, but not the sale of wine, on behalf of a
21licensed winery shipper.
22    (s) A craft distiller tasting permit license shall allow
23an Illinois licensed class 1 craft distiller or class 2 craft
24distiller to transfer a portion of its alcoholic liquor
25inventory from its class 1 craft distiller or class 2 craft
26distiller licensed premises to the premises specified in the

 

 

SB3359 Engrossed- 38 -LRB103 37014 RPS 67129 b

1license hereby created and to conduct a sampling, only in the
2premises specified in the license hereby created, of the
3transferred alcoholic liquor in accordance with subsection (c)
4of Section 6-31 of this Act. The transferred alcoholic liquor
5may not be sold or resold in any form. An applicant for the
6craft distiller tasting permit license must also submit with
7the application proof satisfactory to the State Commission
8that the applicant will provide dram shop liability insurance
9to the maximum limits and have local authority approval.
10    (t) A brewer warehouse permit may be issued to the holder
11of a class 1 brewer license or a class 2 brewer license. If the
12holder of the permit is a class 1 brewer licensee, the brewer
13warehouse permit shall allow the holder to store or warehouse
14up to 930,000 gallons of tax-determined beer manufactured by
15the holder of the permit at the premises specified on the
16permit. If the holder of the permit is a class 2 brewer
17licensee, the brewer warehouse permit shall allow the holder
18to store or warehouse up to 3,720,000 gallons of
19tax-determined beer manufactured by the holder of the permit
20at the premises specified on the permit. Sales to
21non-licensees are prohibited at the premises specified in the
22brewer warehouse permit.
23    (u) A distilling pub license shall allow the licensee to
24only (i) manufacture up to 5,000 gallons of spirits per year
25only on the premises specified in the license, (ii) make sales
26of the spirits manufactured on the premises or, with the

 

 

SB3359 Engrossed- 39 -LRB103 37014 RPS 67129 b

1approval of the State Commission, spirits manufactured on
2another distilling pub licensed premises that is wholly owned
3and operated by the same licensee to importing distributors
4and distributors and to non-licensees for use and consumption,
5(iii) store the spirits upon the premises, (iv) sell and offer
6for sale at retail from the licensed premises for off-premises
7consumption no more than 5,000 gallons per year so long as such
8sales are only made in-person, (v) sell and offer for sale at
9retail for use and consumption on the premises specified in
10the license any form of alcoholic liquor purchased from a
11licensed distributor or importing distributor, and (vi) with
12the prior approval of the State Commission, annually transfer
13no more than 5,000 gallons of spirits manufactured on the
14premises to a licensed distilling pub wholly owned and
15operated by the same licensee.
16    A distilling pub licensee shall not under any circumstance
17sell or offer for sale spirits manufactured by the distilling
18pub licensee to retail licensees.
19    A person who holds a class 2 craft distiller license may
20simultaneously hold a distilling pub license if the class 2
21craft distiller (i) does not, under any circumstance, sell or
22offer for sale spirits manufactured by the class 2 craft
23distiller to retail licensees; (ii) does not hold more than 3
24distilling pub licenses in this State; (iii) does not
25manufacture more than a combined 100,000 gallons of spirits
26per year, including the spirits manufactured at the distilling

 

 

SB3359 Engrossed- 40 -LRB103 37014 RPS 67129 b

1pub; and (iv) is not a member of or affiliated with, directly
2or indirectly, a manufacturer that produces more than 100,000
3gallons of spirits per year or any other alcoholic liquor.
4    (v) A craft distiller warehouse permit may be issued to
5the holder of a class 1 craft distiller or class 2 craft
6distiller license. The craft distiller warehouse permit shall
7allow the holder to store or warehouse up to 500,000 gallons of
8spirits manufactured by the holder of the permit at the
9premises specified on the permit. Sales to non-licensees are
10prohibited at the premises specified in the craft distiller
11warehouse permit.
12    (w) A beer showcase permit license shall allow an
13Illinois-licensed distributor to transfer a portion of its
14beer inventory from its licensed premises to the premises
15specified in the beer showcase permit license, and, in the
16case of a class 3 brewer, transfer only beer the class 3 brewer
17manufactures from its licensed premises to the premises
18specified in the beer showcase permit license; and to sell or
19offer for sale at retail, only in the premises specified in the
20beer showcase permit license, the transferred or delivered
21beer for on or off premise consumption, but not for resale in
22any form and to sell to non-licensees not more than 96 fluid
23ounces of beer per person. A beer showcase permit license may
24be granted for the following time periods: one day or less; or
252 or more days to a maximum of 15 days per location in any
2612-month period. An applicant for a beer showcase permit

 

 

SB3359 Engrossed- 41 -LRB103 37014 RPS 67129 b

1license must also submit with the application proof
2satisfactory to the State Commission that the applicant will
3provide dram shop liability insurance to the maximum limits
4and have local authority approval. The State Commission shall
5require the beer showcase applicant to comply with Section
66-27.1.
7    (x) A third-party retailer delivery license shall
8authorize a person who is not licensed to sell alcoholic
9liquor to deliver alcoholic liquor on behalf of a retailer
10licensee and to deliver alcoholic liquor on behalf of or at the
11request of an unlicensed purchaser of alcoholic liquor from a
12retailer licensee, subject to the provisions of Sections
136-28.9 and 6-29.10. A third-party retailer delivery license is
14not required for an employee or independent contractor of a
15person holding a third-party retailer delivery license or for
16an employee of a retailer licensee who is not an independent
17contractor of a retailer licensee. A third-party retailer
18delivery licensee; a third-party retailer delivery licensee's
19officers, owners, and directors; and any person affiliated
20with the third-party retailer delivery licensee's ownership
21may not hold a direct or indirect financial or beneficial
22interest in any other business licensed under this Act, except
23a State-licensed retailer.
24    The issuance and regulation of a third-party retailer
25delivery license is an exclusive power and function of the
26State. A home rule or non-home rule unit may not issue or

 

 

SB3359 Engrossed- 42 -LRB103 37014 RPS 67129 b

1regulate a third-party retailer delivery license. This
2subsection is a denial and limitation of home rule powers and
3functions under subsection (h) of Section 6 of Article VII of
4the Illinois Constitution.
5(Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19;
6101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff.
78-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22;
8102-442, eff. 8-20-21; 102-1142, eff. 2-17-23.)
 
9    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
10    Sec. 5-3. License fees. Except as otherwise provided
11herein, at the time application is made to the State
12Commission for a license of any class, the applicant shall pay
13to the State Commission the fee hereinafter provided for the
14kind of license applied for.
15    The fee for licenses issued by the State Commission shall
16be as follows:
17OnlineInitial
18renewallicense
19 or
20 non-online
21 renewal
22    For a manufacturer's license:
23    Class 1. Distiller .................$4,000$5,000
24    Class 2. Rectifier .................4,000 5,000
25    Class 3. Brewer ....................1,200 1,500

 

 

SB3359 Engrossed- 43 -LRB103 37014 RPS 67129 b

1    Class 4. First-class Wine
2        Manufacturer ...................750900
3    Class 5. Second-class
4        Wine Manufacturer ..............1,500 1,750
5    Class 6. First-class wine-maker ....750 900
6    Class 7. Second-class wine-maker ...1,500 1,750
7    Class 8. Limited Wine
8        Manufacturer....................250 350
9    Class 9. Craft Distiller............ 2,000 2,500
10    Class 10. Class 1 Craft Distiller... 50 75
11    Class 11. Class 2 Craft Distiller... 75 100
12    Class 12. Class 1 Brewer............50 75
13    Class 13. Class 2 Brewer............ 75 100
14    Class 14. Class 3 Brewer............ 25 50
15    For a Brew Pub License..............1,2001,500
16    For a Distilling Pub License........ 1,200 1,500
17    For a caterer retailer's license....350 500
18    For a foreign importer's license ...25 25
19    For an importing distributor's
20        license.........................2525
21    For a distributor's license
22        (11,250,000 gallons
23        or over)........................1,4502,200
24    For a distributor's license
25        (over 4,500,000 gallons, but
26        under 11,250,000 gallons)....... 9501,450

 

 

SB3359 Engrossed- 44 -LRB103 37014 RPS 67129 b

1    For a distributor's license
2        (4,500,000 gallons or under)....300450
3    For a non-resident dealer's license
4        (500,000 gallons or over)
5        or with self-distribution
6        privileges .....................1,200 1,500
7    For a non-resident dealer's license
8        (under 500,000 gallons) ........250 350
9    For a wine-maker's premises
10        license ........................250500
11    For a winery shipper's license
12        (under 250,000 gallons).........200 350
13    For a winery shipper's license
14        (250,000 or over, but
15        under 500,000 gallons)..........7501,000
16    For a winery shipper's license
17        (500,000 gallons or over).......1,200 1,500
18    For a wine-maker's premises
19        license, second location .......500 1,000
20    For a wine-maker's premises
21        license, third location ........5001,000
22    For a retailer's license ...........600 750
23    For a special event retailer's
24        license, (not-for-profit) ......25 25
25    For a beer showcase permit,
26        one day only ................... 100 150

 

 

SB3359 Engrossed- 45 -LRB103 37014 RPS 67129 b

1        2 days or more ................. 150 250
2    For a special use permit license,
3        one day only ...................100 150
4        2 days or more .................150 250
5    For a railroad license .............100 150
6    For a boat license .................500 1,000
7    For an airplane license, times the
8        licensee's maximum number of
9        aircraft in flight, serving
10        liquor over the State at any
11        given time, which either
12        originate, terminate, or make
13        an intermediate stop in
14        the State.......................100150
15    For a non-beverage user's license:
16        Class 1 ........................2424
17        Class 2 ........................6060
18        Class 3 ........................120120
19        Class 4 ........................240240
20        Class 5 ........................600600
21    For a broker's license .............750 1,000
22    For an auction liquor license ......100 150
23    For a homebrewer special
24        event permit....................2525
25    For a craft distiller
26        tasting permit..................25 25

 

 

SB3359 Engrossed- 46 -LRB103 37014 RPS 67129 b

1    For a BASSET trainer license........ 300 350
2    For a tasting representative
3        license.........................200300
4    For a brewer warehouse permit....... 2525
5    For a craft distiller
6        warehouse permit................25 25
7    For a third-party retailer
8        delivery license. 1,500 1,750
9    Fees collected under this Section shall be paid into the
10Dram Shop Fund. The State Commission shall waive license
11renewal fees for those retailers' licenses that are designated
12as "1A" by the State Commission and expire on or after July 1,
132022, and on or before June 30, 2023. One-half of the funds
14received for a retailer's license shall be paid into the Dram
15Shop Fund and one-half of the funds received for a retailer's
16license shall be paid into the General Revenue Fund.
17    No fee shall be paid for licenses issued by the State
18Commission to the following non-beverage users:
19        (a) Hospitals, sanitariums, or clinics when their use
20    of alcoholic liquor is exclusively medicinal, mechanical,
21    or scientific.
22        (b) Universities, colleges of learning, or schools
23    when their use of alcoholic liquor is exclusively
24    medicinal, mechanical, or scientific.
25        (c) Laboratories when their use is exclusively for the
26    purpose of scientific research.

 

 

SB3359 Engrossed- 47 -LRB103 37014 RPS 67129 b

1(Source: P.A. 102-442, eff. 8-20-21; 102-558, eff. 8-20-21;
2102-699, eff. 4-19-22; 102-1142, eff. 2-17-23; 103-154, eff.
36-30-23; revised 9-5-23.)
 
4    (235 ILCS 5/6-16)  (from Ch. 43, par. 131)
5    Sec. 6-16. Prohibited sales and possession.
6    (a) (i) No licensee nor any officer, associate, member,
7representative, agent, or employee of such licensee shall
8sell, give, or deliver alcoholic liquor to any person under
9the age of 21 years or to any intoxicated person, except as
10provided in Section 6-16.1. (ii) No express company, common
11carrier, or contract carrier nor any representative, agent, or
12employee on behalf of an express company, common carrier, or
13contract carrier that carries or transports alcoholic liquor
14for delivery within this State shall knowingly give or
15knowingly deliver to a residential address any shipping
16container clearly labeled as containing alcoholic liquor and
17labeled as requiring signature of an adult of at least 21 years
18of age to any person in this State under the age of 21 years.
19An express company, common carrier, or contract carrier that
20carries or transports such alcoholic liquor for delivery
21within this State shall obtain a signature at the time of
22delivery acknowledging receipt of the alcoholic liquor by an
23adult who is at least 21 years of age. At no time while
24delivering alcoholic beverages within this State may any
25representative, agent, or employee of an express company,

 

 

SB3359 Engrossed- 48 -LRB103 37014 RPS 67129 b

1common carrier, or contract carrier that carries or transports
2alcoholic liquor for delivery within this State deliver the
3alcoholic liquor to a residential address without the
4acknowledgment of the consignee and without first obtaining a
5signature at the time of the delivery by an adult who is at
6least 21 years of age. A signature of a person on file with the
7express company, common carrier, or contract carrier does not
8constitute acknowledgement of the consignee. Any express
9company, common carrier, or contract carrier that transports
10alcoholic liquor for delivery within this State that violates
11this item (ii) of this subsection (a) by delivering alcoholic
12liquor without the acknowledgement of the consignee and
13without first obtaining a signature at the time of the
14delivery by an adult who is at least 21 years of age is guilty
15of a business offense for which the express company, common
16carrier, or contract carrier that transports alcoholic liquor
17within this State shall be fined not more than $1,001 for a
18first offense, not more than $5,000 for a second offense, and
19not more than $10,000 for a third or subsequent offense. An
20express company, common carrier, or contract carrier shall be
21held vicariously liable for the actions of its
22representatives, agents, or employees. For purposes of this
23Act, in addition to other methods authorized by law, an
24express company, common carrier, or contract carrier shall be
25considered served with process when a representative, agent,
26or employee alleged to have violated this Act is personally

 

 

SB3359 Engrossed- 49 -LRB103 37014 RPS 67129 b

1served. Each shipment of alcoholic liquor delivered in
2violation of this item (ii) of this subsection (a) constitutes
3a separate offense. (iii) No person, after purchasing or
4otherwise obtaining alcoholic liquor, shall sell, give, or
5deliver such alcoholic liquor to another person under the age
6of 21 years, except in the performance of a religious ceremony
7or service. Except as otherwise provided in item (ii), any
8express company, common carrier, or contract carrier that
9transports alcoholic liquor within this State that violates
10the provisions of item (i), (ii), or (iii) of this paragraph of
11this subsection (a) is guilty of a Class A misdemeanor and the
12sentence shall include, but shall not be limited to, a fine of
13not less than $500. Any person who violates the provisions of
14item (iii) of this paragraph of this subsection (a) is guilty
15of a Class A misdemeanor and the sentence shall include, but
16shall not be limited to a fine of not less than $500 for a
17first offense and not less than $2,000 for a second or
18subsequent offense. Any person who knowingly violates the
19provisions of item (iii) of this paragraph of this subsection
20(a) is guilty of a Class 4 felony if a death occurs as the
21result of the violation.
22    If a licensee or officer, associate, member,
23representative, agent, or employee of the licensee, or a
24representative, agent, or employee of an express company,
25common carrier, or contract carrier that carries or transports
26alcoholic liquor for delivery within this State, is prosecuted

 

 

SB3359 Engrossed- 50 -LRB103 37014 RPS 67129 b

1under this paragraph of this subsection (a) for selling,
2giving, or delivering alcoholic liquor to a person under the
3age of 21 years, the person under 21 years of age who attempted
4to buy or receive the alcoholic liquor may be prosecuted
5pursuant to Section 6-20 of this Act, unless the person under
621 years of age was acting under the authority of a law
7enforcement agency, the Illinois Liquor Control Commission, or
8a local liquor control commissioner pursuant to a plan or
9action to investigate, patrol, or conduct any similar
10enforcement action.
11    For the purpose of preventing the violation of this
12Section, any licensee, or his agent or employee, or a
13representative, agent, or employee of an express company,
14common carrier, or contract carrier that carries or transports
15alcoholic liquor for delivery within this State, shall refuse
16to sell, deliver, or serve alcoholic beverages to any person
17who is unable to produce adequate written evidence of identity
18and of the fact that he or she is over the age of 21 years, if
19requested by the licensee, agent, employee, or representative.
20    Adequate written evidence of age and identity of the
21person is a document issued by a federal, state, county, or
22municipal government, or subdivision or agency thereof,
23including, but not limited to, a motor vehicle operator's
24license, a registration certificate issued under the Federal
25Selective Service Act, or an identification card issued to a
26member of the Armed Forces. Proof that the defendant-licensee,

 

 

SB3359 Engrossed- 51 -LRB103 37014 RPS 67129 b

1or his employee or agent, or the representative, agent, or
2employee of the express company, common carrier, or contract
3carrier that carries or transports alcoholic liquor for
4delivery within this State demanded, was shown and reasonably
5relied upon such written evidence in any transaction forbidden
6by this Section is an affirmative defense in any criminal
7prosecution therefor or to any proceedings for the suspension
8or revocation of any license based thereon. It shall not,
9however, be an affirmative defense if the agent or employee
10accepted the written evidence knowing it to be false or
11fraudulent. If a false or fraudulent Illinois driver's license
12or Illinois identification card is presented by a person less
13than 21 years of age to a licensee or the licensee's agent or
14employee for the purpose of ordering, purchasing, attempting
15to purchase, or otherwise obtaining or attempting to obtain
16the serving of any alcoholic beverage, the law enforcement
17officer or agency investigating the incident shall, upon the
18conviction of the person who presented the fraudulent license
19or identification, make a report of the matter to the
20Secretary of State on a form provided by the Secretary of
21State.
22    However, no agent or employee of the licensee or employee
23of an express company, common carrier, or contract carrier
24that carries or transports alcoholic liquor for delivery
25within this State shall be disciplined or discharged for
26selling or furnishing liquor to a person under 21 years of age

 

 

SB3359 Engrossed- 52 -LRB103 37014 RPS 67129 b

1if the agent or employee demanded and was shown, before
2furnishing liquor to a person under 21 years of age, adequate
3written evidence of age and identity of the person issued by a
4federal, state, county or municipal government, or subdivision
5or agency thereof, including but not limited to a motor
6vehicle operator's license, a registration certificate issued
7under the Federal Selective Service Act, or an identification
8card issued to a member of the Armed Forces. This paragraph,
9however, shall not apply if the agent or employee accepted the
10written evidence knowing it to be false or fraudulent.
11    Any person who sells, gives, or furnishes to any person
12under the age of 21 years any false or fraudulent written,
13printed, or photostatic evidence of the age and identity of
14such person or who sells, gives or furnishes to any person
15under the age of 21 years evidence of age and identification of
16any other person is guilty of a Class A misdemeanor and the
17person's sentence shall include, but shall not be limited to,
18a fine of not less than $500.
19    Any person under the age of 21 years who presents or offers
20to any licensee, his agent or employee, any written, printed
21or photostatic evidence of age and identity that is false,
22fraudulent, or not actually his or her own for the purpose of
23ordering, purchasing, attempting to purchase or otherwise
24procuring or attempting to procure, the serving of any
25alcoholic beverage, who falsely states in writing that he or
26she is at least 21 years of age when receiving alcoholic liquor

 

 

SB3359 Engrossed- 53 -LRB103 37014 RPS 67129 b

1from a representative, agent, or employee of an express
2company, common carrier, or contract carrier, or who has in
3his or her possession any false or fraudulent written,
4printed, or photostatic evidence of age and identity, is
5guilty of a Class A misdemeanor and the person's sentence
6shall include, but shall not be limited to, the following: a
7fine of not less than $500 and at least 25 hours of community
8service. If possible, any community service shall be performed
9for an alcohol abuse prevention program.
10    Any person under the age of 21 years who has any alcoholic
11beverage in his or her possession on any street or highway or
12in any public place or in any place open to the public is
13guilty of a Class A misdemeanor. This Section does not apply to
14possession by a person under the age of 21 years making a
15delivery of an alcoholic beverage in pursuance of the order of
16his or her parent or in pursuance of his or her employment.
17    (a-1) It is unlawful for any parent or guardian to
18knowingly permit his or her residence, any other private
19property under his or her control, or any vehicle, conveyance,
20or watercraft under his or her control to be used by an invitee
21of the parent's child or the guardian's ward, if the invitee is
22under the age of 21, in a manner that constitutes a violation
23of this Section. A parent or guardian is deemed to have
24knowingly permitted his or her residence, any other private
25property under his or her control, or any vehicle, conveyance,
26or watercraft under his or her control to be used in violation

 

 

SB3359 Engrossed- 54 -LRB103 37014 RPS 67129 b

1of this Section if he or she knowingly authorizes or permits
2consumption of alcoholic liquor by underage invitees. Any
3person who violates this subsection (a-1) is guilty of a Class
4A misdemeanor and the person's sentence shall include, but
5shall not be limited to, a fine of not less than $500. Where a
6violation of this subsection (a-1) directly or indirectly
7results in great bodily harm or death to any person, the person
8violating this subsection shall be guilty of a Class 4 felony.
9Nothing in this subsection (a-1) shall be construed to
10prohibit the giving of alcoholic liquor to a person under the
11age of 21 years in the performance of a religious ceremony or
12service in observation of a religious holiday.
13    For the purposes of this subsection (a-1) where the
14residence or other property has an owner and a tenant or
15lessee, the trier of fact may infer that the residence or other
16property is occupied only by the tenant or lessee.
17    (b) Except as otherwise provided in this Section whoever
18violates this Section shall, in addition to other penalties
19provided for in this Act, be guilty of a Class A misdemeanor.
20    (c) Any person shall be guilty of a Class A misdemeanor
21where he or she knowingly authorizes or permits a residence
22which he or she occupies to be used by an invitee under 21
23years of age and:
24        (1) the person occupying the residence knows that any
25    such person under the age of 21 is in possession of or is
26    consuming any alcoholic beverage; and

 

 

SB3359 Engrossed- 55 -LRB103 37014 RPS 67129 b

1        (2) the possession or consumption of the alcohol by
2    the person under 21 is not otherwise permitted by this
3    Act.
4    For the purposes of this subsection (c) where the
5residence has an owner and a tenant or lessee, the trier of
6fact may infer that the residence is occupied only by the
7tenant or lessee. The sentence of any person who violates this
8subsection (c) shall include, but shall not be limited to, a
9fine of not less than $500. Where a violation of this
10subsection (c) directly or indirectly results in great bodily
11harm or death to any person, the person violating this
12subsection (c) shall be guilty of a Class 4 felony. Nothing in
13this subsection (c) shall be construed to prohibit the giving
14of alcoholic liquor to a person under the age of 21 years in
15the performance of a religious ceremony or service in
16observation of a religious holiday.
17    A person shall not be in violation of this subsection (c)
18if (A) he or she requests assistance from the police
19department or other law enforcement agency to either (i)
20remove any person who refuses to abide by the person's
21performance of the duties imposed by this subsection (c) or
22(ii) terminate the activity because the person has been unable
23to prevent a person under the age of 21 years from consuming
24alcohol despite having taken all reasonable steps to do so and
25(B) this assistance is requested before any other person makes
26a formal complaint to the police department or other law

 

 

SB3359 Engrossed- 56 -LRB103 37014 RPS 67129 b

1enforcement agency about the activity.
2    (d) Any person who rents a hotel or motel room from the
3proprietor or agent thereof for the purpose of or with the
4knowledge that such room shall be used for the consumption of
5alcoholic liquor by persons under the age of 21 years shall be
6guilty of a Class A misdemeanor.
7    (e) Except as otherwise provided in this Act, any person
8who has alcoholic liquor in his or her possession on public
9school district property on school days or at events on public
10school district property when children are present is guilty
11of a petty offense, unless the alcoholic liquor (i) is in the
12original container with the seal unbroken and is in the
13possession of a person who is not otherwise legally prohibited
14from possessing the alcoholic liquor or (ii) is in the
15possession of a person in or for the performance of a religious
16service or ceremony authorized by the school board.
17(Source: P.A. 97-1049, eff. 1-1-13; 98-1017, eff. 1-1-15.)
 
18    (235 ILCS 5/6-27.1)
19    Sec. 6-27.1. Responsible alcohol service server training.
20    (a) Unless issued a valid server training certificate
21between July 1, 2012 and July 1, 2015 by a certified Beverage
22Alcohol Sellers and Servers Education and Training (BASSET)
23trainer, all alcohol servers in Cook County are required to
24obtain and complete training in basic responsible alcohol
25service as outlined in 77 Ill. Adm. Code 3500, as those

 

 

SB3359 Engrossed- 57 -LRB103 37014 RPS 67129 b

1provisions exist on July 1, 2015 (the effective date of Public
2Act 98-939), by July 1, 2015 or within 120 days after the
3alcohol server begins his or her employment, whichever is
4later. All alcohol servers in a county, other than Cook
5County, with a population of 200,000 inhabitants or more are
6required to obtain and complete training in basic responsible
7alcohol service as outlined in 77 Ill. Adm. Code 3500, as those
8provisions exist on July 1, 2015 (the effective date of Public
9Act 98-939), by July 1, 2016 or within 120 days after the
10alcohol server begins his or her employment, whichever is
11later. All alcohol servers in a county with a population of
12more than 30,000 inhabitants and less than 200,000 inhabitants
13are required to obtain and complete training in basic
14responsible alcohol service as outlined in 77 Ill. Adm. Code
153500, as those provisions exist on July 1, 2015 (the effective
16date of Public Act 98-939), by July 1, 2017 or within 120 days
17after the alcohol server begins his or her employment,
18whichever is later. All alcohol servers in counties with a
19population of 30,000 inhabitants or less are required to
20obtain and complete training in basic responsible alcohol
21service as outlined in 77 Ill. Adm. Code 3500, as those
22provisions exist on July 1, 2015 (the effective date of Public
23Act 98-939), by July 1, 2018 or within 120 days after the
24alcohol server begins his or her employment, whichever is
25later.
26    There is no limit to the amount of times a server may take

 

 

SB3359 Engrossed- 58 -LRB103 37014 RPS 67129 b

1the training. A certificate of training belongs to the server,
2and a server may transfer a certificate of training to a
3different employer, but shall not transfer a certificate of
4training to another server. Proof that an alcohol server has
5been trained must be available upon reasonable request by
6State law enforcement officials. For the purpose of this
7Section, "alcohol servers" means persons who sell or serve
8open containers of alcoholic beverages at retail, anyone who
9delivers alcoholic liquor on behalf of a third-party retailer
10delivery licensee, anyone who delivers mixed drinks under
11Section 6-28.8, and anyone whose job description entails the
12checking of identification for the purchase of open containers
13of alcoholic beverages at retail or for entry into the
14licensed premises. The definition does not include (i) a
15distributor or importing distributor conducting product
16sampling as authorized in Section 6-31 of this Act or a
17registered tasting representative, as provided in 11 Ill. Adm.
18Code 100.40, conducting a tasting, as defined in 11 Ill. Adm.
19Code 100.10; (ii) a volunteer serving alcoholic beverages at a
20charitable function; or (iii) an instructor engaged in
21training or educating on the proper technique for using a
22system that dispenses alcoholic beverages.
23    (b) Responsible alcohol service training must cover and
24assess knowledge of the topics noted in 77 Ill. Adm. Code
253500.155.
26    (c) Beginning on the effective date of this amendatory Act

 

 

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1of the 98th General Assembly, but no later than October 1,
22015, all existing BASSET trainers who are already BASSET
3certified as of the effective date of this amendatory Act of
4the 98th General Assembly shall be recertified by the State
5Commission and be required to comply with the conditions for
6server training set forth in this amendatory Act of the 98th
7General Assembly.
8    (d) Training modules and certificate program plans must be
9approved by the State Commission. All documents, materials, or
10information related to responsible alcohol service training
11program approval that are submitted to the State Commission
12are confidential and shall not be open to public inspection or
13dissemination and are exempt from disclosure.
14    The State Commission shall only approve programs that meet
15the following criteria:
16        (1) the training course covers the content specified
17    in 77 Ill. Adm. Code 3500.155;
18        (2) if the training course is classroom-based, the
19    classroom training is at least 4 hours, is available in
20    English and Spanish, and includes a test;
21        (3) if the training course is online or
22    computer-based, the course is designed in a way that
23    ensures that no content can be skipped, is interactive,
24    has audio for content for servers that have a disability,
25    and includes a test;
26        (4) training and testing is based on a job task

 

 

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1    analysis that clearly identifies and focuses on the
2    knowledge, skills, and abilities needed to responsibly
3    serve alcoholic beverages and is developed using best
4    practices in instructional design and exam development to
5    ensure that the program is fair and legally defensible;
6        (5) training and testing is conducted by any means
7    available, including, but not limited to, online,
8    computer, classroom, or live trainers; and
9        (6) the program must provide access on a
10    24-hour-per-day, 7-days-per-week basis for certificate
11    verification for State Commission, State law enforcement
12    officials, and employers to be able to verify certificate
13    authenticity.
14    (e) Nothing in subsection (d) of this Section shall be
15construed to require a program to use a test administrator or
16proctor.
17    (f) A certificate issued from a BASSET-licensed training
18program shall be accepted as meeting the training requirements
19for all server license and permit laws and ordinances in the
20State.
21    (g) A responsible alcohol service training certificate
22from a BASSET-licensed program shall be valid for 3 years.
23    (h) The provisions of this Section shall apply beginning
24July 1, 2015. From July 1, 2015 through December 31, 2015,
25enforcement of the provisions of this Section shall be limited
26to education and notification of the requirements to encourage

 

 

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1compliance.
2    (i) The provisions of this Section do not apply to a
3special event retailer.
4(Source: P.A. 101-631, eff. 6-2-20.)
 
5    (235 ILCS 5/6-28.8)
6    (Section scheduled to be repealed on August 1, 2028)
7    Sec. 6-28.8. Delivery and carry out of mixed drinks
8permitted.
9    (a) In this Section:
10    "Cocktail" or "mixed drink" means any beverage obtained by
11combining ingredients alcoholic in nature, whether brewed,
12fermented, or distilled, with ingredients non-alcoholic in
13nature, such as fruit juice, lemonade, cream, or a carbonated
14beverage.
15    "Original container" means, for the purposes of this
16Section only, a container that is (i) filled, sealed, and
17secured by a retail licensee's employee at the retail
18licensee's location with a tamper-evident lid or cap or (ii)
19filled and labeled by the manufacturer and secured by the
20manufacturer's original unbroken seal.
21    "Sealed container" means a rigid container that contains a
22mixed drink or a single serving of wine, is new, has never been
23used, has a secured lid or cap designed to prevent consumption
24without removal of the lid or cap, and is tamper-evident.
25"Sealed container" includes a manufacturer's original

 

 

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1container as defined in this subsection. "Sealed container"
2does not include a container with a lid with sipping holes or
3openings for straws or a container made of plastic, paper, or
4polystyrene foam.
5    "Tamper-evident" means a lid or cap that has been sealed
6with tamper-evident covers, including, but not limited to, wax
7dip or heat shrink wrap.
8    (b) A cocktail, mixed drink, or single serving of wine
9placed in a sealed container by a retail licensee at the retail
10licensee's location or a manufacturer's original container may
11be transferred and sold for off-premises consumption if the
12following requirements are met:
13        (1) the cocktail, mixed drink, or single serving of
14    wine is transferred within the licensed premises, by a
15    curbside pickup, or by delivery by an employee of the
16    retail licensee who:
17            (A) has been trained in accordance with Section
18        6-27.1 at the time of the sale;
19            (B) is at least 21 years of age; and
20            (C) upon delivery, verifies the age of the person
21        to whom the cocktail, mixed drink, or single serving
22        of wine is being delivered by obtaining a signature
23        from a recipient aged 21 or over;
24        (2) if the employee delivering the cocktail, mixed
25    drink, or single serving of wine is not able to safely
26    verify a person's age or level of intoxication upon

 

 

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1    delivery or is otherwise not able to complete the
2    delivery, the employee shall cancel the sale of alcohol
3    and return the product to the retail license holder;
4        (3) the sealed container is placed in the trunk of the
5    vehicle or if there is no trunk, in the vehicle's rear
6    compartment that is not readily accessible to the
7    passenger area;
8        (4) except for a manufacturer's original container, a
9    container filled and sealed at a retail licensee's
10    location shall be affixed with a label or tag that
11    contains the following information:
12            (A) the cocktail or mixed drink ingredients, type,
13        and name of the alcohol;
14            (B) the name, license number, and address of the
15        retail licensee that filled the original container and
16        sold the product;
17            (C) the volume of the cocktail, mixed drink, or
18        single serving of wine in the sealed container; and
19            (D) the sealed container was filled less than 7
20        days before the date of sale. ; and
21        (5) a manufacturer's original container shall be
22    affixed with a label or tag that contains the name,
23    license number, and address of the retail licensee that
24    sold the product.
25    (c) Third-party retailer delivery licensees delivery
26services are not permitted to deliver cocktails and mixed

 

 

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1drinks under this Section.
2    (d) If there is an executive order of the Governor in
3effect during a disaster, the employee delivering the mixed
4drink, cocktail, or single serving of wine must comply with
5any requirements of that executive order, including, but not
6limited to, wearing gloves and a mask and maintaining
7distancing requirements when interacting with the public.
8    (e) Delivery or carry out of a cocktail, mixed drink, or
9single serving of wine is prohibited if:
10        (1) a third party delivers the cocktail or mixed
11    drink;
12        (2) a container of a mixed drink, cocktail, or single
13    serving of wine is not tamper-evident and sealed;
14        (3) a container of a mixed drink, cocktail, or single
15    serving of wine is transported in the passenger area of a
16    vehicle;
17        (4) a mixed drink, cocktail, or single serving of wine
18    is delivered by a person or to a person who is under the
19    age of 21; or
20        (5) the person delivering a mixed drink, cocktail, or
21    single serving of wine fails to verify the age of the
22    person to whom the mixed drink or cocktail is being
23    delivered.
24    (f) Violations of this Section shall be subject to any
25applicable penalties, including, but not limited to, the
26penalties specified under Section 11-502 of the Illinois

 

 

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1Vehicle Code.
2    (f-5) This Section is not intended to prohibit or preempt
3the ability of a brew pub, tap room, or distilling pub to
4continue to temporarily deliver alcoholic liquor pursuant to
5guidance issued by the State Commission on March 19, 2020
6entitled "Illinois Liquor Control Commission, COVID-19 Related
7Actions, Guidance on Temporary Delivery of Alcoholic Liquor".
8This Section shall only grant authorization to holders of
9State of Illinois retail liquor licenses but not to licensees
10that simultaneously hold any licensure or privilege to
11manufacture alcoholic liquors within or outside of the State
12of Illinois.
13    (g) This Section is not a denial or limitation of home rule
14powers and functions under Section 6 of Article VII of the
15Illinois Constitution.
16    (h) This Section is repealed on August 1, 2028.
17(Source: P.A. 102-8, eff. 6-2-21; 103-4, eff. 5-31-23.)
 
18    (235 ILCS 5/6-28.9 new)
19    Sec. 6-28.9. Third-party retailer delivery licensee
20requirements.
21    (a) A person who is not licensed as a retailer under this
22Act shall not deliver alcoholic liquor unless that person
23holds a third-party retailer delivery license. A third-party
24retailer delivery license is not required for deliveries made
25directly by a retailer licensee, including by an employee of a

 

 

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1retailer licensee. This Section does not authorize a
2third-party retailer delivery licensee or any other person to
3deliver alcoholic liquor on behalf of or from any non-retailer
4liquor license holder, including, but not limited to, license
5holders with the privilege to manufacture alcoholic liquors
6within or outside of the State, or from any other person
7outside the State of Illinois. A person qualifies for a
8third-party retailer delivery license if the person is not
9prohibited from licensure under Section 6-2.
10    (b) A third-party retailer delivery licensee shall make
11deliveries of alcoholic liquor in accordance with the
12following conditions:
13        (1) All alcoholic liquor deliveries pursuant to this
14    Section shall be for alcoholic liquor sold not for resale
15    by retailer licensees authorized to sell alcoholic liquor
16    for off-premises consumption under subsection (d) of
17    Section 5-1. Third-party retailer delivery licensees shall
18    not deliver alcoholic liquor on behalf of retailer
19    licensees authorized to sell alcoholic liquor for
20    on-premises consumption only.
21        (2) All alcoholic liquor deliveries pursuant to this
22    Section shall be for alcoholic liquor in the original
23    package. Alcoholic liquor sold pursuant to Section 6-28.8
24    may not be delivered by a third-party retailer delivery
25    licensee.
26        (3) A third-party retailer delivery licensee may

 

 

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1    charge a consumer a reasonable delivery fee similar to
2    delivery fees for non-alcoholic liquor products.
3        (4) A third-party retailer delivery licensee shall
4    conduct a background check of all employees and
5    contractors that deliver alcoholic liquor on its behalf. A
6    third-party retailer delivery licensee may not employ or
7    contract with a person if that person would be prohibited
8    from licensure under Section 6-2.
9        (5) A third-party retailer delivery licensee shall
10    maintain a general liability insurance policy with a
11    liquor liability addendum for the minimum coverage
12    required by this Act. A third-party retailer delivery
13    licensee is liable for any sales and deliveries of
14    alcoholic liquor by its delivery agents to intoxicated
15    persons or persons under the age of 21.
16        (6) A third-party retailer delivery licensee is
17    subject to the provisions of Section 6-5 of this Act and
18    shall not receive anything of value from a licensed
19    manufacturer, non-resident dealer, distributor, importing
20    distributor, or foreign importer, including, but not
21    limited to, revenue for any advertisement or website
22    placement of alcoholic liquor products on a third-party
23    retailer delivery licensee website or online application.
24        (7) A third-party retailer delivery licensee shall not
25    resell alcoholic liquor nor shall a third-party retailer
26    delivery licensee deliver alcoholic liquor to a location

 

 

SB3359 Engrossed- 68 -LRB103 37014 RPS 67129 b

1    licensed to sell alcoholic liquor, except for private use
2    at locations licensed as a hotel, as defined in Section
3    1-3.25, or other similar accommodations.
4        (8) If the third-party retailer delivery licensee
5    advertises the price of alcoholic liquor, then the price
6    advertised shall be identical to the price charged by the
7    retailer licensee. All alcoholic liquor products offered
8    by a retailer licensee shall be offered by the third-party
9    retailer delivery licensee.
10        (9) The third-party retailer delivery licensee may
11    receive orders and accept payments through a website or
12    through a mobile application or similar technology if the
13    payments for alcoholic liquor are immediately directed to
14    an account owned and controlled by the retailer licensee
15    and the website or similar application identifies the name
16    and address of the retailer licensee prior to completion
17    of the sale.
18        (10) The third-party retailer delivery licensee shall
19    maintain a record of all deliveries of alcoholic liquor
20    for a period of 3 years from the date of delivery and shall
21    make such records available to the State Commission within
22    a reasonable time upon request. The record of each
23    delivery shall include the following:
24            (A) The name and address of the retailer licensee
25        from which the alcoholic liquor was purchased.
26            (B) The name, date of birth, address, and

 

 

SB3359 Engrossed- 69 -LRB103 37014 RPS 67129 b

1        signature of the recipient of the alcoholic liquor.
2            (C) The name of the delivery agent making the
3        delivery and the date, time, and address of the
4        delivery.
5            (D) The type, brand, and quantity of each
6        alcoholic liquor delivered.
7            (E) An itemization of the alcoholic liquor
8        products sold and the price of each alcoholic liquor
9        item.
10        (11) A retailer licensee shall accept or reject all
11    orders placed for alcoholic liquor through the third-party
12    retailer delivery licensee and determine the price at
13    which alcoholic liquor products are offered for sale by
14    the retailer licensee and delivered by the third-party
15    retailer delivery licensee.
16        (12) A retailer licensee may enter into a contract
17    with a third-party retailer delivery licensee for a fixed
18    fee for services. All contracts between the retailer
19    licensee and a third-party retailer delivery licensee
20    shall be provided by the retailer licensee or third-party
21    retailer delivery licensee upon the request of the State
22    Commission.
23        (13) Subject to the review of the State Commission, a
24    third-party retailer delivery licensee shall use updated
25    identification scanning or similar technology for the
26    purpose of verifying the age and likeness of the

 

 

SB3359 Engrossed- 70 -LRB103 37014 RPS 67129 b

1    presenter.
 
2    (235 ILCS 5/6-28.10 new)
3    Sec. 6-28.10. Alcoholic liquor delivery requirements.
4    (a) For deliveries pursuant to subsection (d) of Section
55-1 and Section 6-28.9, a retailer licensee and third-party
6retailer delivery licensee shall:
7        (1) conduct deliveries by a person 21 years of age or
8    over holding a valid Beverage Alcohol Sellers and Servers
9    Education Training (BASSET) certificate issued pursuant to
10    Section 6-27.1 of this Act. A third-party retailer
11    delivery licensee or a retailer engaged in the delivery of
12    alcoholic liquor may request a waiver of the BASSET
13    requirement for third-party retailer delivery licensee
14    contract deliverers or retailer employee deliverers if the
15    third-party retailer delivery licensee or retailer
16    provides proof of its training module or program
17    demonstrating to the satisfaction of the State Commission
18    that such training module or program satisfies BASSET
19    principles, such as underage or intoxicated person access
20    prevention;
21        (2) examine the data and the photograph on the
22    identification of the recipient and obtain the signature
23    from the recipient to verify the recipient is 21 years of
24    age or older. The data and the photograph of the recipient
25    shall demonstrate a reasonable likeness of the recipient;

 

 

SB3359 Engrossed- 71 -LRB103 37014 RPS 67129 b

1        (3) unless the contents of the delivery are prepared
2    and packaged by an agent of the third-party delivery
3    licensee, include a statement clearly visible on the
4    outside of the packaging that the delivery contains
5    alcoholic liquor not to be provided to any person under
6    the age of 21;
7        (4) fulfill the delivery order from the retailer
8    licensee's location nearest to the address of the
9    recipient;
10        (5) require the return of deliveries to the retailer
11    licensee's location from which the alcoholic liquor is
12    purchased if a delivery was attempted to an unqualified
13    recipient, delivery was attempted to a recipient who
14    refused delivery, or a delivery was unable to be completed
15    for any other reason. An unqualified recipient of an
16    alcoholic liquor delivery includes circumstances in which:
17            (A) there is reason to doubt the authenticity or
18        correctness of the recipient's identification;
19            (B) the recipient refuses to sign for the receipt
20        of the delivery;
21            (C) the recipient is unable to produce valid
22        identification; or
23            (D) the recipient exhibits signs of intoxication;
24        and
25        (6) refuse to deliver alcoholic liquor to any
26    elementary school, secondary school, public playground, or

 

 

SB3359 Engrossed- 72 -LRB103 37014 RPS 67129 b

1    public park.
2    (b) Except for reasonable compensation provided to a
3delivery person pursuant to customary delivery practices, a
4retailer licensee or third-party retailer delivery licensee
5shall not compensate delivery personnel on the basis of a
6completed delivery but may compensate a delivery driver for a
7return of undeliverable alcoholic liquor.