Full Text of SB3830 101st General Assembly
SB3830 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3830 Introduced 2/14/2020, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
| 235 ILCS 5/3-12 | | 235 ILCS 5/5-1 | from Ch. 43, par. 115 | 235 ILCS 5/5-3 | from Ch. 43, par. 118 | 235 ILCS 5/6-2 | from Ch. 43, par. 120 | 235 ILCS 5/6-29 | from Ch. 43, par. 144e | 235 ILCS 5/6-29.1 | | 235 ILCS 5/7-1 | from Ch. 43, par. 145 | 235 ILCS 5/9-13 | from Ch. 43, par. 176 |
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Amends the Liquor Control Act of 1934. Creates the wine retail shipper's license. Provides that a wine retail shipper's license shall allow a person licensed to retail wine under the laws of another state to ship wine in that wine retail shipper's inventory directly to a resident of this State who is 21 years of age or older for that resident's personal use and not for resale. Provides that a wine shipper licensee or wine retail shipper licensee (instead of a wine shipper licensee) may ship wine (instead of not more than 12 cases of wine per year), for personal use and not for resale, to any resident of this State who is 21 years of age or older. Establishes licensing fees and eligibility for a license. Contains provisions concerning taxation; recordkeeping; reporting; third-party providers; and discipline. Makes conforming and other changes.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning liquor.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Sections 3-12, 5-1, 5-3, 6-2, 6-29, 6-29.1, 7-1, and | 6 | | 9-13 as follows:
| 7 | | (235 ILCS 5/3-12)
| 8 | | Sec. 3-12. Powers and duties of State Commission.
| 9 | | (a) The State Commission shall have the following powers, | 10 | | functions, and
duties:
| 11 | | (1) To receive applications and to issue licenses to | 12 | | manufacturers,
foreign importers, importing distributors, | 13 | | distributors, non-resident dealers,
on premise consumption | 14 | | retailers, off premise sale retailers, special event
| 15 | | retailer licensees, special use permit licenses, auction | 16 | | liquor licenses, brew
pubs, caterer retailers, | 17 | | non-beverage users, railroads, including owners and
| 18 | | lessees of sleeping, dining and cafe cars, airplanes, | 19 | | boats, brokers, and wine
maker's premises licensees in | 20 | | accordance with the provisions of this Act, and
to suspend | 21 | | or revoke such licenses upon the State Commission's | 22 | | determination,
upon notice after hearing, that a licensee | 23 | | has violated any provision of this
Act or any rule or |
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| 1 | | regulation issued pursuant thereto and in effect for 30 | 2 | | days
prior to such violation. Except in the case of an | 3 | | action taken pursuant to a
violation of Section 6-3, 6-5, | 4 | | or 6-9, any action by the State Commission to
suspend or | 5 | | revoke a licensee's license may be limited to the license | 6 | | for the
specific premises where the violation occurred.
An | 7 | | action for a violation of this Act shall be commenced by | 8 | | the State Commission within 2 years after the date the | 9 | | State Commission becomes aware of the violation.
| 10 | | In lieu of suspending or revoking a license, the | 11 | | commission may impose
a fine, upon the State Commission's | 12 | | determination and notice after hearing,
that a licensee has | 13 | | violated any provision of this Act or any rule or
| 14 | | regulation issued pursuant thereto and in effect for 30 | 15 | | days prior to such
violation. | 16 | | For the purpose of this paragraph (1), when determining | 17 | | multiple violations for the sale of alcohol to a person | 18 | | under the age of 21, a second or subsequent violation for | 19 | | the sale of alcohol to a person under the age of 21 shall | 20 | | only be considered if it was committed within 5 years after | 21 | | the date when a prior violation for the sale of alcohol to | 22 | | a person under the age of 21 was committed. | 23 | | The fine imposed under this paragraph may not exceed | 24 | | $500 for each
violation. Each day that the activity, which | 25 | | gave rise to the original fine,
continues is a separate | 26 | | violation. The maximum fine that may be levied against
any |
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| 1 | | licensee, for the period of the license, shall not exceed | 2 | | $20,000.
The maximum penalty that may be imposed on a | 3 | | licensee for selling a bottle of
alcoholic liquor with a | 4 | | foreign object in it or serving from a bottle of
alcoholic | 5 | | liquor with a foreign object in it shall be the destruction | 6 | | of that
bottle of alcoholic liquor for the first 10 bottles | 7 | | so sold or served from by
the licensee. For the eleventh | 8 | | bottle of alcoholic liquor and for each third
bottle | 9 | | thereafter sold or served from by the licensee with a | 10 | | foreign object in
it, the maximum penalty that may be | 11 | | imposed on the licensee is the destruction
of the bottle of | 12 | | alcoholic liquor and a fine of up to $50.
| 13 | | Any notice issued by the State Commission to a licensee | 14 | | for a violation of this Act or any notice with respect to | 15 | | settlement or offer in compromise shall include the field | 16 | | report, photographs, and any other supporting | 17 | | documentation necessary to reasonably inform the licensee | 18 | | of the nature and extent of the violation or the conduct | 19 | | alleged to have occurred. The failure to include such | 20 | | required documentation shall result in the dismissal of the | 21 | | action. | 22 | | (2) To adopt such rules and regulations consistent with | 23 | | the
provisions of this Act which shall be necessary to | 24 | | carry on its
functions and duties to the end that the | 25 | | health, safety and welfare of
the People of the State of | 26 | | Illinois shall be protected and temperance in
the |
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| 1 | | consumption of alcoholic liquors shall be fostered and | 2 | | promoted and
to distribute copies of such rules and | 3 | | regulations to all licensees
affected thereby.
| 4 | | (3) To call upon other administrative departments of | 5 | | the State,
county and municipal governments, county and | 6 | | city police departments and
upon prosecuting officers for | 7 | | such information and assistance as it
deems necessary in | 8 | | the performance of its duties.
| 9 | | (4) To recommend to local commissioners rules and | 10 | | regulations, not
inconsistent with the law, for the | 11 | | distribution and sale of alcoholic
liquors throughout the | 12 | | State.
| 13 | | (5) To inspect, or cause to be inspected, any
premises | 14 | | in this State
where alcoholic liquors are manufactured, | 15 | | distributed, warehoused, or
sold. Nothing in this Act
| 16 | | authorizes an agent of the State Commission to inspect | 17 | | private
areas within the premises without reasonable | 18 | | suspicion or a warrant
during an inspection. "Private | 19 | | areas" include, but are not limited to, safes, personal | 20 | | property, and closed desks.
| 21 | | (5.1) Upon receipt of a complaint or upon having | 22 | | knowledge that any person
is engaged in business as a | 23 | | manufacturer, importing distributor, distributor,
or | 24 | | retailer without a license or valid license, to conduct an | 25 | | investigation. If, after conducting an investigation, the | 26 | | State Commission is satisfied that the alleged conduct |
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| 1 | | occurred or is occurring, it may issue a cease and desist | 2 | | notice as provided in this Act, impose civil penalties as | 3 | | provided in this Act, notify the local liquor
authority, or | 4 | | file a complaint with the State's Attorney's Office of the | 5 | | county
where the incident occurred or the Attorney General.
| 6 | | (5.2) Upon receipt of a complaint or upon having | 7 | | knowledge that any person is shipping alcoholic
liquor
into | 8 | | this State from a point outside of this State if the | 9 | | shipment is in
violation of this Act, to conduct an | 10 | | investigation. If, after conducting an investigation, the | 11 | | State Commission is satisfied that the alleged conduct | 12 | | occurred or is occurring, it may issue a cease and desist | 13 | | notice as provided in this Act, impose civil penalties as | 14 | | provided in this Act, notify the foreign jurisdiction, or | 15 | | file a complaint with the State's Attorney's Office of the | 16 | | county where the incident occurred or the Attorney General.
| 17 | | (5.3) To receive complaints from licensees, local | 18 | | officials, law
enforcement agencies, organizations, and | 19 | | persons stating that any licensee has
been or is violating | 20 | | any provision of this Act or the rules and regulations
| 21 | | issued pursuant to this Act. Such complaints shall be in | 22 | | writing, signed and
sworn to by the person making the | 23 | | complaint, and shall state with specificity
the facts in | 24 | | relation to the alleged violation. If the State Commission | 25 | | has
reasonable grounds to believe that the complaint | 26 | | substantially alleges a
violation of this Act or rules and |
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| 1 | | regulations adopted pursuant to this Act, it
shall conduct | 2 | | an investigation. If, after conducting an investigation, | 3 | | the
State Commission is satisfied that the alleged | 4 | | violation did occur, it shall proceed
with disciplinary | 5 | | action against the licensee as provided in this Act.
| 6 | | (5.4) To make arrests and issue notices of civil | 7 | | violations where necessary for the enforcement of this Act. | 8 | | (5.5) To investigate any and all unlicensed activity. | 9 | | (5.6) To impose civil penalties or fines to any person | 10 | | who, without holding a valid license, engages in conduct | 11 | | that requires a license pursuant to this Act, in an amount | 12 | | not to exceed $20,000 for each offense as determined by the | 13 | | State Commission. A civil penalty shall be assessed by the | 14 | | State Commission after a hearing is held in accordance with | 15 | | the provisions set forth in this Act regarding the | 16 | | provision of a hearing for the revocation or suspension of | 17 | | a license. | 18 | | (6) To hear and determine appeals from orders of a | 19 | | local commission
in accordance with the provisions of this | 20 | | Act, as hereinafter set forth.
Hearings under this | 21 | | subsection shall be held in Springfield or Chicago,
at | 22 | | whichever location is the more convenient for the majority | 23 | | of persons
who are parties to the hearing.
| 24 | | (7) The State Commission shall establish uniform | 25 | | systems of accounts to be
kept by all retail licensees | 26 | | having more than 4 employees, and for this
purpose the |
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| 1 | | State Commission may classify all retail licensees having | 2 | | more
than 4 employees and establish a uniform system of | 3 | | accounts for each
class and prescribe the manner in which | 4 | | such accounts shall be kept.
The State Commission may also | 5 | | prescribe the forms of accounts to be kept by
all retail | 6 | | licensees having more than 4 employees, including , but not
| 7 | | limited to , accounts of earnings and expenses and any | 8 | | distribution,
payment, or other distribution of earnings | 9 | | or assets, and any other
forms, records , and memoranda | 10 | | which in the judgment of the commission may
be necessary or | 11 | | appropriate to carry out any of the provisions of this
Act, | 12 | | including , but not limited to , such forms, records , and | 13 | | memoranda as
will readily and accurately disclose at all | 14 | | times the beneficial
ownership of such retail licensed | 15 | | business. The accounts, forms,
records , and memoranda | 16 | | shall be available at all reasonable times for
inspection | 17 | | by authorized representatives of the State Commission or by
| 18 | | any local liquor control commissioner or his or her | 19 | | authorized representative.
The commission , may, from time | 20 | | to time, alter, amend , or repeal, in whole
or in part, any | 21 | | uniform system of accounts, or the form and manner of
| 22 | | keeping accounts.
| 23 | | (8) In the conduct of any hearing authorized to be held | 24 | | by the State Commission, to appoint, at the commission's | 25 | | discretion, hearing officers
to conduct hearings involving | 26 | | complex issues or issues that will require a
protracted |
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| 1 | | period of time to resolve, to examine, or cause to be | 2 | | examined,
under oath, any licensee, and to examine or cause | 3 | | to be examined the books and
records
of such licensee; to | 4 | | hear testimony and take proof material for its
information | 5 | | in the discharge of its duties hereunder; to administer or
| 6 | | cause to be administered oaths; for any such purpose to | 7 | | issue
subpoena or subpoenas to require the attendance of | 8 | | witnesses and the
production of books, which shall be | 9 | | effective in any part of this State, and
to adopt rules to | 10 | | implement its powers under this paragraph (8).
| 11 | | Any circuit court may , by order duly entered,
require | 12 | | the attendance of witnesses and the production of relevant | 13 | | books
subpoenaed by the State Commission and the court may | 14 | | compel
obedience to its order by proceedings for contempt.
| 15 | | (9) To investigate the administration of laws in | 16 | | relation to
alcoholic liquors in this and other states and | 17 | | any foreign countries,
and to recommend from time to time | 18 | | to the Governor and through him or
her to the legislature | 19 | | of this State, such amendments to this Act, if any, as
it | 20 | | may think desirable and as will serve to further the | 21 | | general broad
purposes contained in Section 1-2 hereof.
| 22 | | (10) To adopt such rules and regulations consistent | 23 | | with the
provisions of this Act which shall be necessary | 24 | | for the control, sale , or
disposition of alcoholic liquor | 25 | | damaged as a result of an accident, wreck,
flood, fire , or | 26 | | other similar occurrence.
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| 1 | | (11) To develop industry educational programs related | 2 | | to responsible
serving and selling, particularly in the | 3 | | areas of overserving consumers and
illegal underage | 4 | | purchasing and consumption of alcoholic beverages.
| 5 | | (11.1) To license persons providing education and | 6 | | training to alcohol
beverage sellers and servers for | 7 | | mandatory and non-mandatory training under the
Beverage | 8 | | Alcohol Sellers and Servers
Education and Training | 9 | | (BASSET) programs and to develop and administer a public
| 10 | | awareness program in Illinois to reduce or eliminate the | 11 | | illegal purchase and
consumption of alcoholic beverage | 12 | | products by persons under the age of 21.
Application for a | 13 | | license shall be made on forms provided by the State
| 14 | | Commission.
| 15 | | (12) To develop and maintain a repository of license | 16 | | and regulatory
information.
| 17 | | (13) (Blank).
| 18 | | (14) On or before April 30, 2008 and every 2 years
| 19 | | thereafter, the State Commission shall present a written
| 20 | | report to the Governor and the General Assembly that shall
| 21 | | be based on a study of the impact of Public Act 95-634 on | 22 | | the business of soliciting,
selling, and shipping wine from | 23 | | inside and outside of this
State directly to residents of | 24 | | this State. As part of its
report, the State Commission | 25 | | shall provide all of the
following information: | 26 | | (A) The amount of State excise and sales tax
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| 1 | | revenues generated. | 2 | | (B) The amount of licensing fees received. | 3 | | (C) The number of cases of wine shipped from inside
| 4 | | and outside of this State directly to residents of this
| 5 | | State. | 6 | | (D) The number of alcohol compliance operations
| 7 | | conducted. | 8 | | (E) The number of winery shipper's licenses
| 9 | | issued. | 10 | | (F) The number of each of the following: reported
| 11 | | violations; cease and desist notices issued by the
| 12 | | Commission; notices of violations issued by
the | 13 | | Commission and to the Department of Revenue;
and | 14 | | notices and complaints of violations to law
| 15 | | enforcement officials, including, without limitation,
| 16 | | the Illinois Attorney General and the U.S. Department
| 17 | | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | 18 | | (G) The number of wine retail shipper's licenses | 19 | | issued. | 20 | | (15) As a means to reduce the underage consumption of
| 21 | | alcoholic liquors, the State Commission shall conduct
| 22 | | alcohol compliance operations to investigate whether
| 23 | | businesses that are soliciting, selling, and shipping wine
| 24 | | from inside or outside of this State directly to residents
| 25 | | of this State are licensed by this State or are selling or
| 26 | | attempting to sell wine to persons under 21 years of age in
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| 1 | | violation of this Act. | 2 | | (16) The State Commission shall, in addition to
| 3 | | notifying any appropriate law enforcement agency, submit
| 4 | | notices of complaints or violations of Sections 6-29 and
| 5 | | 6-29.1 by persons who do not hold a winery shipper's
| 6 | | license or a wine retail shipper's license under this Act | 7 | | to the Illinois Attorney General and
to the U.S. Department | 8 | | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | 9 | | (17)(A) A person licensed to make wine under the laws | 10 | | of another state who has a winery shipper's license under | 11 | | this Act and annually produces less than 25,000 gallons of | 12 | | wine or a person who has a first-class or second-class wine | 13 | | manufacturer's license, a first-class or second-class | 14 | | wine-maker's license, or a limited wine manufacturer's | 15 | | license under this Act and annually produces less than | 16 | | 25,000 gallons of wine may make application to the | 17 | | Commission for a self-distribution exemption to allow the | 18 | | sale of not more than 5,000 gallons of the exemption | 19 | | holder's wine to retail licensees per year. | 20 | | (B) In the application, which shall be sworn under | 21 | | penalty of perjury, such person shall state (1) the date it | 22 | | was established; (2) its volume of production and sales for | 23 | | each year since its establishment; (3) its efforts to | 24 | | establish distributor relationships; (4) that a | 25 | | self-distribution exemption is necessary to facilitate the | 26 | | marketing of its wine; and (5) that it will comply with the |
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| 1 | | liquor and revenue laws of the United States, this State, | 2 | | and any other state where it is licensed. | 3 | | (C) The State Commission shall approve the application | 4 | | for a self-distribution exemption if such person: (1) is in | 5 | | compliance with State revenue and liquor laws; (2) is not a | 6 | | member of any affiliated group that produces more than | 7 | | 25,000 gallons of wine per annum or produces any other | 8 | | alcoholic liquor; (3) will not annually produce for sale | 9 | | more than 25,000 gallons of wine; and (4) will not annually | 10 | | sell more than 5,000 gallons of its wine to retail | 11 | | licensees. | 12 | | (D) A self-distribution exemption holder shall | 13 | | annually certify to the State Commission its production of | 14 | | wine in the previous 12 months and its anticipated | 15 | | production and sales for the next 12 months. The State | 16 | | Commission may fine, suspend, or revoke a | 17 | | self-distribution exemption after a hearing if it finds | 18 | | that the exemption holder has made a material | 19 | | misrepresentation in its application, violated a revenue | 20 | | or liquor law of Illinois, exceeded production of 25,000 | 21 | | gallons of wine in any calendar year, or become part of an | 22 | | affiliated group producing more than 25,000 gallons of wine | 23 | | or any other alcoholic liquor. | 24 | | (E) Except in hearings for violations of this Act or | 25 | | Public Act 95-634 or a bona fide investigation by duly | 26 | | sworn law enforcement officials, the State Commission, or |
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| 1 | | its agents, the State Commission shall maintain the | 2 | | production and sales information of a self-distribution | 3 | | exemption holder as confidential and shall not release such | 4 | | information to any person. | 5 | | (F) The State Commission shall issue regulations | 6 | | governing self-distribution exemptions consistent with | 7 | | this Section and this Act. | 8 | | (G) Nothing in this paragraph (17) shall prohibit a | 9 | | self-distribution exemption holder from entering into or | 10 | | simultaneously having a distribution agreement with a | 11 | | licensed Illinois distributor. | 12 | | (H) It is the intent of this paragraph (17) to promote | 13 | | and continue orderly markets. The General Assembly finds | 14 | | that , in order to preserve Illinois' regulatory | 15 | | distribution system , it is necessary to create an exception | 16 | | for smaller makers of wine as their wines are frequently | 17 | | adjusted in varietals, mixes, vintages, and taste to find | 18 | | and create market niches sometimes too small for | 19 | | distributor or importing distributor business strategies. | 20 | | Limited self-distribution rights will afford and allow | 21 | | smaller makers of wine access to the marketplace in order | 22 | | to develop a customer base without impairing the integrity | 23 | | of the 3-tier system.
| 24 | | (18)(A) A class 1 brewer licensee, who must also be | 25 | | either a licensed brewer or licensed non-resident dealer | 26 | | and annually manufacture less than 930,000 gallons of beer, |
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| 1 | | may make application to the State Commission for a | 2 | | self-distribution exemption to allow the sale of not more | 3 | | than 232,500 gallons of the exemption holder's beer per | 4 | | year to retail licensees and to brewers, class 1 brewers, | 5 | | and class 2 brewers that, pursuant to subsection (e) of | 6 | | Section 6-4 of this Act, sell beer, cider, or both beer and | 7 | | cider to non-licensees at their breweries. | 8 | | (B) In the application, which shall be sworn under | 9 | | penalty of perjury, the class 1 brewer licensee shall state | 10 | | (1) the date it was established; (2) its volume of beer | 11 | | manufactured and sold for each year since its | 12 | | establishment; (3) its efforts to establish distributor | 13 | | relationships; (4) that a self-distribution exemption is | 14 | | necessary to facilitate the marketing of its beer; and (5) | 15 | | that it will comply with the alcoholic beverage and revenue | 16 | | laws of the United States, this State, and any other state | 17 | | where it is licensed. | 18 | | (C) Any application submitted shall be posted on the | 19 | | State Commission's website at least 45 days prior to action | 20 | | by the State Commission. The State Commission shall approve | 21 | | the application for a self-distribution exemption if the | 22 | | class 1 brewer licensee: (1) is in compliance with the | 23 | | State, revenue, and alcoholic beverage laws; (2) is not a | 24 | | member of any affiliated group that manufactures more than | 25 | | 930,000 gallons of beer per annum or produces any other | 26 | | alcoholic beverages; (3) shall not annually manufacture |
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| 1 | | for sale more than 930,000 gallons of beer; (4) shall not | 2 | | annually sell more than 232,500 gallons of its beer to | 3 | | retail licensees or to brewers, class 1 brewers, and class | 4 | | 2 brewers that, pursuant to subsection (e) of Section 6-4 | 5 | | of this Act, sell beer, cider, or both beer and cider to | 6 | | non-licensees at their breweries; and (5) has relinquished | 7 | | any brew pub license held by the licensee, including any | 8 | | ownership interest it held in the licensed brew pub. | 9 | | (D) A self-distribution exemption holder shall | 10 | | annually certify to the State Commission its manufacture of | 11 | | beer during the previous 12 months and its anticipated | 12 | | manufacture and sales of beer for the next 12 months. The | 13 | | State Commission may fine, suspend, or revoke a | 14 | | self-distribution exemption after a hearing if it finds | 15 | | that the exemption holder has made a material | 16 | | misrepresentation in its application, violated a revenue | 17 | | or alcoholic beverage law of Illinois, exceeded the | 18 | | manufacture of 930,000 gallons of beer in any calendar year | 19 | | or became part of an affiliated group manufacturing more | 20 | | than 930,000 gallons of beer or any other alcoholic | 21 | | beverage. | 22 | | (E) The State Commission shall issue rules and | 23 | | regulations governing self-distribution exemptions | 24 | | consistent with this Act. | 25 | | (F) Nothing in this paragraph (18) shall prohibit a | 26 | | self-distribution exemption holder from entering into or |
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| 1 | | simultaneously having a distribution agreement with a | 2 | | licensed Illinois importing distributor or a distributor. | 3 | | If a self-distribution exemption holder enters into a | 4 | | distribution agreement and has assigned distribution | 5 | | rights to an importing distributor or distributor, then the | 6 | | self-distribution exemption holder's distribution rights | 7 | | in the assigned territories shall cease in a reasonable | 8 | | time not to exceed 60 days. | 9 | | (G) It is the intent of this paragraph (18) to promote | 10 | | and continue orderly markets. The General Assembly finds | 11 | | that in order to preserve Illinois' regulatory | 12 | | distribution system, it is necessary to create an exception | 13 | | for smaller manufacturers in order to afford and allow such | 14 | | smaller manufacturers of beer access to the marketplace in | 15 | | order to develop a customer base without impairing the | 16 | | integrity of the 3-tier system. | 17 | | (19)(A) A class 1 craft distiller licensee or a | 18 | | non-resident dealer who manufactures less than 50,000 | 19 | | gallons of distilled spirits per year may make application | 20 | | to the State Commission for a self-distribution exemption | 21 | | to allow the sale of not more
than 5,000 gallons of the | 22 | | exemption holder's spirits to retail licensees per year. | 23 | | (B) In the application, which shall be sworn under | 24 | | penalty of perjury, the class 1 craft distiller licensee or | 25 | | non-resident dealer shall state (1) the date it was | 26 | | established; (2) its volume of spirits manufactured and |
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| 1 | | sold for each year since its establishment; (3) its efforts | 2 | | to establish distributor relationships; (4) that a | 3 | | self-distribution exemption is necessary to facilitate the | 4 | | marketing of its spirits; and (5) that it will comply with | 5 | | the alcoholic beverage and revenue laws of the United | 6 | | States, this State, and any other state where it is | 7 | | licensed. | 8 | | (C) Any application submitted shall be posted on the | 9 | | State Commission's website at least 45 days prior to action | 10 | | by the State Commission. The State Commission shall approve | 11 | | the application for a self-distribution exemption if the | 12 | | applicant: (1) is in compliance with State revenue and | 13 | | alcoholic beverage laws; (2) is not a member of any | 14 | | affiliated group that produces more than 50,000 gallons of | 15 | | spirits per annum or produces any other alcoholic liquor; | 16 | | (3) does not annually manufacture for sale more than 50,000 | 17 | | gallons of spirits; and (4) does not annually sell more | 18 | | than 5,000 gallons of its spirits to retail licensees. | 19 | | (D) A self-distribution exemption holder shall | 20 | | annually certify to the State Commission its manufacture of | 21 | | spirits during the previous 12 months and its anticipated | 22 | | manufacture and sales of spirits for the next 12 months. | 23 | | The State Commission may fine, suspend, or revoke a | 24 | | self-distribution exemption after a hearing if it finds | 25 | | that the exemption holder has made a material | 26 | | misrepresentation in its application, violated a revenue |
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| 1 | | or alcoholic beverage law of Illinois, exceeded the | 2 | | manufacture of 50,000 gallons of spirits in any calendar | 3 | | year, or has become part of an affiliated group | 4 | | manufacturing more than 50,000 gallons of spirits or any | 5 | | other alcoholic beverage. | 6 | | (E) The State Commission shall adopt rules governing | 7 | | self-distribution exemptions consistent with this Act. | 8 | | (F) Nothing in this paragraph (19) shall prohibit a | 9 | | self-distribution exemption holder from entering into or | 10 | | simultaneously having a distribution agreement with a | 11 | | licensed Illinois importing distributor or a distributor. | 12 | | (G) It is the intent of this paragraph (19) to promote | 13 | | and continue orderly markets. The General Assembly finds | 14 | | that in order to preserve Illinois' regulatory | 15 | | distribution system, it is necessary to create an exception | 16 | | for smaller manufacturers in order to afford and allow such | 17 | | smaller manufacturers of spirits access to the marketplace | 18 | | in order to develop a customer base without impairing the
| 19 | | integrity of the 3-tier system. | 20 | | (b) On or before April 30, 1999, the Commission shall | 21 | | present a written
report to the Governor and the General | 22 | | Assembly that shall be based on a study
of the impact of Public | 23 | | Act 90-739 on the business of soliciting,
selling, and shipping
| 24 | | alcoholic liquor from outside of this State directly to | 25 | | residents of this
State.
| 26 | | As part of its report, the Commission shall provide the |
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| 1 | | following
information:
| 2 | | (i) the amount of State excise and sales tax revenues | 3 | | generated as a
result of Public Act 90-739;
| 4 | | (ii) the amount of licensing fees received as a result | 5 | | of Public Act 90-739;
| 6 | | (iii) the number of reported violations, the number of | 7 | | cease and desist
notices issued by the Commission, the | 8 | | number of notices of violations issued
to the Department of | 9 | | Revenue, and the number of notices and complaints of
| 10 | | violations to law enforcement officials.
| 11 | | (Source: P.A. 100-134, eff. 8-18-17; 100-201, eff. 8-18-17; | 12 | | 100-816, eff. 8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff. | 13 | | 8-23-18; 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 101-482, | 14 | | eff. 8-23-19; revised 9-20-19.) | 15 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | 16 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control | 17 | | Commission
shall be of the following classes: | 18 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 19 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 20 | | Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6. | 21 | | First Class Winemaker, Class 7. Second Class Winemaker, Class | 22 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | 23 | | 10. Class 1 Craft Distiller, Class 11. Class 2 Craft Distiller, | 24 | | Class 12. Class 1 Brewer, Class 13. Class 2 Brewer, | 25 | | (b) Distributor's license, |
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| 1 | | (c) Importing Distributor's license, | 2 | | (d) Retailer's license, | 3 | | (e) Special Event Retailer's license (not-for-profit), | 4 | | (f) Railroad license, | 5 | | (g) Boat license, | 6 | | (h) Non-Beverage User's license, | 7 | | (i) Wine-maker's premises license, | 8 | | (j) Airplane license, | 9 | | (k) Foreign importer's license, | 10 | | (l) Broker's license, | 11 | | (m) Non-resident dealer's
license, | 12 | | (n) Brew Pub license, | 13 | | (o) Auction liquor license, | 14 | | (p) Caterer retailer license, | 15 | | (q) Special use permit license, | 16 | | (r) Winery shipper's license, | 17 | | (s) Craft distiller tasting permit, | 18 | | (t) Brewer warehouse permit, | 19 | | (u) Distilling pub license, | 20 | | (v) Craft distiller warehouse permit , . | 21 | | (w) Wine retail shipper's license. | 22 | | No
person, firm, partnership, corporation, or other legal | 23 | | business entity that is
engaged in the manufacturing of wine | 24 | | may concurrently obtain and hold a
wine-maker's license and a | 25 | | wine manufacturer's license. | 26 | | (a) A manufacturer's license shall allow the manufacture,
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| 1 | | importation in bulk, storage, distribution and sale of | 2 | | alcoholic liquor
to persons without the State, as may be | 3 | | permitted by law and to licensees
in this State as follows: | 4 | | Class 1. A Distiller may make sales and deliveries of | 5 | | alcoholic liquor to
distillers, rectifiers, importing | 6 | | distributors, distributors and
non-beverage users and to no | 7 | | other licensees. | 8 | | Class 2. A Rectifier, who is not a distiller, as defined | 9 | | herein, may make
sales and deliveries of alcoholic liquor to | 10 | | rectifiers, importing distributors,
distributors, retailers | 11 | | and non-beverage users and to no other licensees. | 12 | | Class 3. A Brewer may make sales and deliveries of beer to | 13 | | importing
distributors and distributors and may make sales as | 14 | | authorized under subsection (e) of Section 6-4 of this Act. | 15 | | Class 4. A first class wine-manufacturer may make sales and | 16 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
| 17 | | importing
distributors and distributors, and to no other | 18 | | licensees. | 19 | | Class 5. A second class Wine manufacturer may make sales | 20 | | and deliveries
of more than 50,000 gallons of wine to | 21 | | manufacturers, importing distributors
and distributors and to | 22 | | no other licensees. | 23 | | Class 6. A first-class wine-maker's license shall allow the | 24 | | manufacture
of up to 50,000 gallons of wine per year, and the
| 25 | | storage
and sale of such
wine to distributors in the State and | 26 | | to persons without the
State, as may be permitted by law. A |
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| 1 | | person who, prior to June 1, 2008 (the effective date of Public | 2 | | Act 95-634), is a holder of a first-class wine-maker's license | 3 | | and annually produces more than 25,000 gallons of its own wine | 4 | | and who distributes its wine to licensed retailers shall cease | 5 | | this practice on or before July 1, 2008 in compliance with | 6 | | Public Act 95-634. | 7 | | Class 7. A second-class wine-maker's license shall allow | 8 | | the manufacture
of between 50,000 and 150,000 gallons of wine | 9 | | per year, and
the
storage and sale of such wine
to distributors | 10 | | in this State and to persons without the State, as may be
| 11 | | permitted by law. A person who, prior to June 1, 2008 (the | 12 | | effective date of Public Act 95-634), is a holder of a | 13 | | second-class wine-maker's license and annually produces more | 14 | | than 25,000 gallons of its own wine and who distributes its | 15 | | wine to licensed retailers shall cease this practice on or | 16 | | before July 1, 2008 in compliance with Public Act 95-634. | 17 | | Class 8. A limited wine-manufacturer may make sales and | 18 | | deliveries not to
exceed 40,000 gallons of wine per year to | 19 | | distributors, and to
non-licensees in accordance with the | 20 | | provisions of this Act. | 21 | | Class 9. A craft distiller license, which may only be held | 22 | | by a class 1 craft distiller licensee or class 2 craft | 23 | | distiller licensee but not held by both a class 1 craft | 24 | | distiller licensee and a class 2 craft distiller licensee, | 25 | | shall grant all rights conveyed by either: (i) a class 1 craft | 26 | | distiller license if the craft distiller holds a class 1 craft |
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| 1 | | distiller license; or (ii) a class 2 craft distiller licensee | 2 | | if the craft distiller holds a class 2 craft distiller license. | 3 | | Class 10. A class 1 craft distiller license, which may only | 4 | | be issued to a licensed craft distiller or licensed | 5 | | non-resident dealer, shall allow the manufacture of up to | 6 | | 50,000 gallons of spirits per year provided that the class 1 | 7 | | craft distiller licensee does not manufacture more than a | 8 | | combined 50,000 gallons of spirits per year and is not a member | 9 | | of or affiliated with, directly or indirectly, a manufacturer | 10 | | that produces more than 50,000 gallons of spirits per year or | 11 | | any other alcoholic liquor. A class 1 craft distiller licensee | 12 | | may make sales and deliveries to importing distributors and | 13 | | distributors and to retail licensees in accordance with the | 14 | | conditions set forth in paragraph (19) of subsection (a) of | 15 | | Section 3-12 of this Act. However, the aggregate amount of | 16 | | spirits sold to non-licensees and sold or delivered to retail | 17 | | licensees may not exceed 5,000 gallons per year. | 18 | | A class 1 craft distiller licensee may sell up to 5,000 | 19 | | gallons of such spirits to non-licensees to the extent | 20 | | permitted by any exemption approved by the State Commission | 21 | | pursuant to Section 6-4 of this Act. A class 1 craft distiller | 22 | | license holder may store such spirits at a non-contiguous | 23 | | licensed location, but at no time shall a class 1 craft | 24 | | distiller license holder directly or indirectly produce in the | 25 | | aggregate more than 50,000 gallons of spirits per year. | 26 | | A class 1 craft distiller licensee may hold more than one |
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| 1 | | class 1 craft distiller's license. However, a class 1 craft | 2 | | distiller that holds more than one class 1 craft distiller | 3 | | license shall not manufacture, in the aggregate, more than | 4 | | 50,000 gallons of spirits by distillation per year and shall | 5 | | not sell, in the aggregate, more than 5,000 gallons of such | 6 | | spirits to non-licensees in accordance with an exemption | 7 | | approved by the State Commission pursuant to Section 6-4 of | 8 | | this Act. | 9 | | Class 11. A class 2 craft distiller license, which may only | 10 | | be issued to a licensed craft distiller or licensed | 11 | | non-resident dealer, shall allow the manufacture of up to | 12 | | 100,000 gallons of spirits per year provided that the class 2 | 13 | | craft distiller licensee does not manufacture more than a | 14 | | combined 100,000 gallons of spirits per year and is not a | 15 | | member of or affiliated with, directly or indirectly, a | 16 | | manufacturer that produces more than 100,000 gallons of spirits | 17 | | per year or any other alcoholic liquor. A class 2 craft | 18 | | distiller licensee may make sales and deliveries to importing | 19 | | distributors and distributors, but shall not make sales or | 20 | | deliveries to any other licensee. If the State Commission | 21 | | provides prior approval, a class 2 craft distiller licensee may | 22 | | annually transfer up to 100,000 gallons of spirits manufactured | 23 | | by that class 2 craft distiller licensee to the premises of a | 24 | | licensed class 2 craft distiller wholly owned and operated by | 25 | | the same licensee. A class 2 craft distiller may transfer | 26 | | spirits to a distilling pub wholly owned and operated by the |
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| 1 | | class 2 craft distiller subject to the following limitations | 2 | | and restrictions: (i) the transfer shall not annually exceed | 3 | | more than 5,000 gallons; (ii) the annual amount transferred | 4 | | shall reduce the distilling pub's annual permitted production | 5 | | limit; (iii) all spirits transferred shall be subject to | 6 | | Article VIII of this Act; (iv) a written record shall be | 7 | | maintained by the distiller and distilling pub specifying the | 8 | | amount, date of delivery, and receipt of the product by the | 9 | | distilling pub; and (v) the distilling pub shall be located no | 10 | | farther than 80 miles from the class 2 craft distiller's | 11 | | licensed location. | 12 | | A class 2 craft distiller shall, prior to transferring | 13 | | spirits to a distilling pub wholly owned by the class 2 craft | 14 | | distiller, furnish a written notice to the State Commission of | 15 | | intent to transfer spirits setting forth the name and address | 16 | | of the distilling pub and shall annually submit to the State | 17 | | Commission a verified report identifying the total gallons of | 18 | | spirits transferred to the distilling pub wholly owned by the | 19 | | class 2 craft distiller. | 20 | | A class 2 craft distiller license holder may store such | 21 | | spirits at a non-contiguous licensed location, but at no time | 22 | | shall a class 2 craft distiller license holder directly or | 23 | | indirectly produce in the aggregate more than 100,000 gallons | 24 | | of spirits per year. | 25 | | Class 12. A class 1 brewer license, which may only be | 26 | | issued to a licensed brewer or licensed non-resident dealer, |
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| 1 | | shall allow the manufacture of up to 930,000 gallons of beer | 2 | | per year provided that the class 1 brewer licensee does not | 3 | | manufacture more than a combined 930,000 gallons of beer per | 4 | | year and is not a member of or affiliated with, directly or | 5 | | indirectly, a manufacturer that produces more than 930,000 | 6 | | gallons of beer per year or any other alcoholic liquor. A class | 7 | | 1 brewer licensee may make sales and deliveries to importing | 8 | | distributors and distributors and to retail licensees in | 9 | | accordance with the conditions set forth in paragraph (18) of | 10 | | subsection (a) of Section 3-12 of this Act. If the State | 11 | | Commission provides prior approval, a class 1 brewer may | 12 | | annually transfer up to 930,000 gallons of beer manufactured by | 13 | | that class 1 brewer to the premises of a licensed class 1 | 14 | | brewer wholly owned and operated by the same licensee. | 15 | | Class 13. A class 2 brewer license, which may only be | 16 | | issued to a licensed brewer or licensed non-resident dealer, | 17 | | shall allow the manufacture of up to 3,720,000 gallons of beer | 18 | | per year provided that the class 2 brewer licensee does not | 19 | | manufacture more than a combined 3,720,000 gallons of beer per | 20 | | year and is not a member of or affiliated with, directly or | 21 | | indirectly, a manufacturer that produces more than 3,720,000 | 22 | | gallons of beer per year or any other alcoholic liquor. A class | 23 | | 2 brewer licensee may make sales and deliveries to importing | 24 | | distributors and distributors, but shall not make sales or | 25 | | deliveries to any other licensee. If the State Commission | 26 | | provides prior approval, a class 2 brewer licensee may annually |
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| 1 | | transfer up to 3,720,000 gallons of beer manufactured by that | 2 | | class 2 brewer licensee to the premises of a licensed class 2 | 3 | | brewer wholly owned and operated by the same licensee. | 4 | | A class 2 brewer may transfer beer to a brew pub wholly | 5 | | owned and operated by the class 2 brewer subject to the | 6 | | following limitations and restrictions: (i) the transfer shall | 7 | | not annually exceed more than 31,000 gallons; (ii) the annual | 8 | | amount transferred shall reduce the brew pub's annual permitted | 9 | | production limit; (iii) all beer transferred shall be subject | 10 | | to Article VIII of this Act; (iv) a written record shall be | 11 | | maintained by the brewer and brew pub specifying the amount, | 12 | | date of delivery, and receipt of the product by the brew pub; | 13 | | and (v) the brew pub shall be located no farther than 80 miles | 14 | | from the class 2 brewer's licensed location. | 15 | | A class 2 brewer shall, prior to transferring beer to a | 16 | | brew pub wholly owned by the class 2 brewer, furnish a written | 17 | | notice to the State Commission of intent to transfer beer | 18 | | setting forth the name and address of the brew pub and shall | 19 | | annually submit to the State Commission a verified report | 20 | | identifying the total gallons of beer transferred to the brew | 21 | | pub wholly owned by the class 2 brewer. | 22 | | (a-1) A manufacturer which is licensed in this State to | 23 | | make sales or
deliveries of alcoholic liquor to licensed | 24 | | distributors or importing distributors and which enlists | 25 | | agents, representatives, or
individuals acting on its behalf | 26 | | who contact licensed retailers on a regular
and continual basis |
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| 1 | | in this State must register those agents, representatives,
or | 2 | | persons acting on its behalf with the State Commission. | 3 | | Registration of agents, representatives, or persons acting | 4 | | on behalf of a
manufacturer is fulfilled by submitting a form | 5 | | to the Commission. The form
shall be developed by the | 6 | | Commission and shall include the name and address of
the | 7 | | applicant, the name and address of the manufacturer he or she | 8 | | represents,
the territory or areas assigned to sell to or | 9 | | discuss pricing terms of
alcoholic liquor, and any other | 10 | | questions deemed appropriate and necessary.
All statements in | 11 | | the forms required to be made by law or by rule shall be
deemed | 12 | | material, and any person who knowingly misstates any material | 13 | | fact under
oath in an application is guilty of a Class B | 14 | | misdemeanor. Fraud,
misrepresentation, false statements, | 15 | | misleading statements, evasions, or
suppression of material | 16 | | facts in the securing of a registration are grounds for
| 17 | | suspension or revocation of the registration. The State | 18 | | Commission shall post a list of registered agents on the | 19 | | Commission's website. | 20 | | (b) A distributor's license shall allow (i) the wholesale | 21 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 22 | | liquors to licensees in this State and to persons without the | 23 | | State, as may be permitted by law; (ii) the sale of beer, | 24 | | cider, or both beer and cider to brewers, class 1 brewers, and | 25 | | class 2 brewers that, pursuant to subsection (e) of Section 6-4 | 26 | | of this Act, sell beer, cider, or both beer and cider to |
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| 1 | | non-licensees at their breweries; and (iii) the sale of | 2 | | vermouth to class 1 craft distillers and class 2 craft | 3 | | distillers that, pursuant to subsection (e) of Section 6-4 of | 4 | | this Act, sell spirits, vermouth, or both spirits and vermouth | 5 | | to non-licensees at their distilleries. No person licensed as a | 6 | | distributor shall be granted a non-resident dealer's license. | 7 | | (c) An importing distributor's license may be issued to and | 8 | | held by
those only who are duly licensed distributors, upon the | 9 | | filing of an
application by a duly licensed distributor, with | 10 | | the Commission and
the Commission shall, without the
payment of | 11 | | any fee, immediately issue such importing distributor's
| 12 | | license to the applicant, which shall allow the importation of | 13 | | alcoholic
liquor by the licensee into this State from any point | 14 | | in the United
States outside this State, and the purchase of | 15 | | alcoholic liquor in
barrels, casks or other bulk containers and | 16 | | the bottling of such
alcoholic liquors before resale thereof, | 17 | | but all bottles or containers
so filled shall be sealed, | 18 | | labeled, stamped and otherwise made to comply
with all | 19 | | provisions, rules and regulations governing manufacturers in
| 20 | | the preparation and bottling of alcoholic liquors. The | 21 | | importing
distributor's license shall permit such licensee to | 22 | | purchase alcoholic
liquor from Illinois licensed non-resident | 23 | | dealers and foreign importers only. No person licensed as an | 24 | | importing distributor shall be granted a non-resident dealer's | 25 | | license. | 26 | | (d) A retailer's license shall allow the licensee to sell |
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| 1 | | and offer
for sale at retail, only in the premises specified in | 2 | | the license,
alcoholic liquor for use or consumption, but not | 3 | | for resale in any form. Nothing in Public Act 95-634 shall | 4 | | deny, limit, remove, or restrict the ability of a holder of a | 5 | | retailer's license to transfer, deliver, or ship alcoholic | 6 | | liquor to the purchaser for use or consumption subject to any | 7 | | applicable local law or ordinance or to Section 6-29 . Any | 8 | | retail license issued to a manufacturer shall only
permit the | 9 | | manufacturer to sell beer at retail on the premises actually
| 10 | | occupied by the manufacturer. For the purpose of further | 11 | | describing the type of business conducted at a retail licensed | 12 | | premises, a retailer's licensee may be designated by the State | 13 | | Commission as (i) an on premise consumption retailer, (ii) an | 14 | | off premise sale retailer, or (iii) a combined on premise | 15 | | consumption and off premise sale retailer.
| 16 | | Notwithstanding any other provision of this subsection | 17 | | (d), a retail
licensee may sell alcoholic liquors to a special | 18 | | event retailer licensee for
resale to the extent permitted | 19 | | under subsection (e). | 20 | | (e) A special event retailer's license (not-for-profit) | 21 | | shall permit the
licensee to purchase alcoholic liquors from an | 22 | | Illinois licensed distributor
(unless the licensee purchases | 23 | | less than $500 of alcoholic liquors for the
special event, in | 24 | | which case the licensee may purchase the alcoholic liquors
from | 25 | | a licensed retailer) and shall allow the licensee to sell and | 26 | | offer for
sale, at retail, alcoholic liquors for use or |
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| 1 | | consumption, but not for resale
in any form and only at the | 2 | | location and on the specific dates designated for
the special | 3 | | event in the license. An applicant for a special event retailer
| 4 | | license must
(i) furnish with the application: (A) a resale | 5 | | number issued under Section
2c of the Retailers' Occupation Tax | 6 | | Act or evidence that the applicant is
registered under Section | 7 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 8 | | exemption identification
number issued under Section 1g of the | 9 | | Retailers' Occupation Tax Act, and a
certification to the | 10 | | Commission that the purchase of alcoholic liquors will be
a | 11 | | tax-exempt purchase, or (C) a statement that the applicant is | 12 | | not registered
under Section 2a of the Retailers' Occupation | 13 | | Tax Act, does not hold a resale
number under Section 2c of the | 14 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 15 | | number under Section 1g of the Retailers' Occupation Tax
Act, | 16 | | in which event the Commission shall set forth on the special | 17 | | event
retailer's license a statement to that effect; (ii) | 18 | | submit with the application proof satisfactory to
the State | 19 | | Commission that the applicant will provide dram shop liability
| 20 | | insurance in the maximum limits; and (iii) show proof | 21 | | satisfactory to the
State Commission that the applicant has | 22 | | obtained local authority
approval. | 23 | | Nothing in this Act prohibits an Illinois licensed | 24 | | distributor from offering credit or a refund for unused, | 25 | | salable alcoholic liquors to a holder of a special event | 26 | | retailer's license or the special event retailer's licensee |
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| 1 | | from accepting the credit or refund of alcoholic liquors at the | 2 | | conclusion of the event specified in the license. | 3 | | (f) A railroad license shall permit the licensee to import | 4 | | alcoholic
liquors into this State from any point in the United | 5 | | States outside this
State and to store such alcoholic liquors | 6 | | in this State; to make wholesale
purchases of alcoholic liquors | 7 | | directly from manufacturers, foreign
importers, distributors | 8 | | and importing distributors from within or outside
this State; | 9 | | and to store such alcoholic liquors in this State; provided
| 10 | | that the above powers may be exercised only in connection with | 11 | | the
importation, purchase or storage of alcoholic liquors to be | 12 | | sold or
dispensed on a club, buffet, lounge or dining car | 13 | | operated on an electric,
gas or steam railway in this State; | 14 | | and provided further, that railroad
licensees exercising the | 15 | | above powers shall be subject to all provisions of
Article VIII | 16 | | of this Act as applied to importing distributors. A railroad
| 17 | | license shall also permit the licensee to sell or dispense | 18 | | alcoholic
liquors on any club, buffet, lounge or dining car | 19 | | operated on an electric,
gas or steam railway regularly | 20 | | operated by a common carrier in this State,
but shall not | 21 | | permit the sale for resale of any alcoholic liquors to any
| 22 | | licensee within this State. A license shall be obtained for | 23 | | each car in which
such sales are made. | 24 | | (g) A boat license shall allow the sale of alcoholic liquor | 25 | | in
individual drinks, on any passenger boat regularly operated | 26 | | as a common
carrier on navigable waters in this State or on any |
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| 1 | | riverboat operated
under
the Illinois Gambling Act, which boat | 2 | | or riverboat maintains a public
dining room or restaurant | 3 | | thereon. | 4 | | (h) A non-beverage user's license shall allow the licensee | 5 | | to
purchase alcoholic liquor from a licensed manufacturer or | 6 | | importing
distributor, without the imposition of any tax upon | 7 | | the business of such
licensed manufacturer or importing | 8 | | distributor as to such alcoholic
liquor to be used by such | 9 | | licensee solely for the non-beverage purposes
set forth in | 10 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 11 | | shall be divided and classified and shall permit the
purchase, | 12 | | possession and use of limited and stated quantities of
| 13 | | alcoholic liquor as follows: | 14 | | Class 1, not to exceed ......................... 500 gallons
| 15 | | Class 2, not to exceed ....................... 1,000 gallons
| 16 | | Class 3, not to exceed ....................... 5,000 gallons
| 17 | | Class 4, not to exceed ...................... 10,000 gallons
| 18 | | Class 5, not to exceed ....................... 50,000 gallons | 19 | | (i) A wine-maker's premises license shall allow a
licensee | 20 | | that concurrently holds a first-class wine-maker's license to | 21 | | sell
and offer for sale at retail in the premises specified in | 22 | | such license
not more than 50,000 gallons of the first-class | 23 | | wine-maker's wine that is
made at the first-class wine-maker's | 24 | | licensed premises per year for use or
consumption, but not for | 25 | | resale in any form. A wine-maker's premises
license shall allow | 26 | | a licensee who concurrently holds a second-class
wine-maker's |
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| 1 | | license to sell and offer for sale at retail in the premises
| 2 | | specified in such license up to 100,000 gallons of the
| 3 | | second-class wine-maker's wine that is made at the second-class | 4 | | wine-maker's
licensed premises per year
for use or consumption | 5 | | but not for resale in any form. A wine-maker's premises license | 6 | | shall allow a
licensee that concurrently holds a first-class | 7 | | wine-maker's license or a second-class
wine-maker's license to | 8 | | sell
and offer for sale at retail at the premises specified in | 9 | | the wine-maker's premises license, for use or consumption but | 10 | | not for resale in any form, any beer, wine, and spirits | 11 | | purchased from a licensed distributor. Upon approval from the
| 12 | | State Commission, a wine-maker's premises license
shall allow | 13 | | the licensee to sell and offer for sale at (i) the wine-maker's
| 14 | | licensed premises and (ii) at up to 2 additional locations for | 15 | | use and
consumption and not for resale. Each location shall | 16 | | require additional
licensing per location as specified in | 17 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
| 18 | | secure liquor liability insurance coverage in an amount at
| 19 | | least equal to the maximum liability amounts set forth in
| 20 | | subsection (a) of Section 6-21 of this Act.
| 21 | | (j) An airplane license shall permit the licensee to import
| 22 | | alcoholic liquors into this State from any point in the United | 23 | | States
outside this State and to store such alcoholic liquors | 24 | | in this State; to
make wholesale purchases of alcoholic liquors | 25 | | directly from
manufacturers, foreign importers, distributors | 26 | | and importing
distributors from within or outside this State; |
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| 1 | | and to store such
alcoholic liquors in this State; provided | 2 | | that the above powers may be
exercised only in connection with | 3 | | the importation, purchase or storage
of alcoholic liquors to be | 4 | | sold or dispensed on an airplane; and
provided further, that | 5 | | airplane licensees exercising the above powers
shall be subject | 6 | | to all provisions of Article VIII of this Act as
applied to | 7 | | importing distributors. An airplane licensee shall also
permit | 8 | | the sale or dispensing of alcoholic liquors on any passenger
| 9 | | airplane regularly operated by a common carrier in this State, | 10 | | but shall
not permit the sale for resale of any alcoholic | 11 | | liquors to any licensee
within this State. A single airplane | 12 | | license shall be required of an
airline company if liquor | 13 | | service is provided on board aircraft in this
State. The annual | 14 | | fee for such license shall be as determined in
Section 5-3. | 15 | | (k) A foreign importer's license shall permit such licensee | 16 | | to purchase
alcoholic liquor from Illinois licensed | 17 | | non-resident dealers only, and to
import alcoholic liquor other | 18 | | than in bulk from any point outside the
United States and to | 19 | | sell such alcoholic liquor to Illinois licensed
importing | 20 | | distributors and to no one else in Illinois;
provided that (i) | 21 | | the foreign importer registers with the State Commission
every
| 22 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 23 | | licensees during the
license period, (ii) the foreign importer | 24 | | complies with all of the provisions
of Section
6-9 of this Act | 25 | | with respect to registration of such Illinois licensees as may
| 26 | | be granted the
right to sell such brands at wholesale, and |
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| 1 | | (iii) the foreign importer complies with the provisions of | 2 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 3 | | provisions apply to manufacturers. | 4 | | (l) (i) A broker's license shall be required of all persons
| 5 | | who solicit
orders for, offer to sell or offer to supply | 6 | | alcoholic liquor to
retailers in the State of Illinois, or who | 7 | | offer to retailers to ship or
cause to be shipped or to make | 8 | | contact with distillers, craft distillers, rectifiers,
brewers | 9 | | or manufacturers or any other party within or without the State
| 10 | | of Illinois in order that alcoholic liquors be shipped to a | 11 | | distributor,
importing distributor or foreign importer, | 12 | | whether such solicitation or
offer is consummated within or | 13 | | without the State of Illinois. | 14 | | No holder of a retailer's license issued by the Illinois | 15 | | Liquor
Control Commission shall purchase or receive any | 16 | | alcoholic liquor, the
order for which was solicited or offered | 17 | | for sale to such retailer by a
broker unless the broker is the | 18 | | holder of a valid broker's license. | 19 | | The broker shall, upon the acceptance by a retailer of the | 20 | | broker's
solicitation of an order or offer to sell or supply or | 21 | | deliver or have
delivered alcoholic liquors, promptly forward | 22 | | to the Illinois Liquor
Control Commission a notification of | 23 | | said transaction in such form as
the Commission may by | 24 | | regulations prescribe. | 25 | | (ii) A broker's license shall be required of
a person | 26 | | within this State, other than a retail licensee,
who, for a fee |
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| 1 | | or commission, promotes, solicits, or accepts orders for
| 2 | | alcoholic liquor, for use or consumption and not for
resale, to | 3 | | be shipped from this State and delivered to residents outside | 4 | | of
this State by an express company, common carrier, or | 5 | | contract carrier.
This Section does not apply to any person who | 6 | | promotes, solicits, or accepts
orders for wine as specifically | 7 | | authorized in Section 6-29 of this Act. | 8 | | A broker's license under this subsection (l)
shall not | 9 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 10 | | own account or to take or deliver title to
such alcoholic | 11 | | liquors. | 12 | | This subsection (l)
shall not apply to distributors, | 13 | | employees of
distributors, or employees of a manufacturer who | 14 | | has registered the
trademark, brand or name of the alcoholic | 15 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 16 | | sells such alcoholic liquor
in the State of Illinois only to | 17 | | its registrants thereunder. | 18 | | Any agent, representative, or person subject to | 19 | | registration pursuant to
subsection (a-1) of this Section shall | 20 | | not be eligible to receive a broker's
license. | 21 | | (m) A non-resident dealer's license shall permit such | 22 | | licensee to ship
into and warehouse alcoholic liquor into this | 23 | | State from any point
outside of this State, and to sell such | 24 | | alcoholic liquor to Illinois licensed
foreign importers and | 25 | | importing distributors and to no one else in this State;
| 26 | | provided that (i) said non-resident dealer shall register with |
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| 1 | | the Illinois Liquor
Control Commission each and every brand of | 2 | | alcoholic liquor which it proposes
to sell to Illinois | 3 | | licensees during the license period, (ii) it shall comply with | 4 | | all of the provisions of Section 6-9 hereof with
respect to | 5 | | registration of such Illinois licensees as may be granted the | 6 | | right
to sell such brands at wholesale by duly filing such | 7 | | registration statement, thereby authorizing the non-resident | 8 | | dealer to proceed to sell such brands at wholesale, and (iii) | 9 | | the non-resident dealer shall comply with the provisions of | 10 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 11 | | provisions apply to manufacturers. No person licensed as a | 12 | | non-resident dealer shall be granted a distributor's or | 13 | | importing distributor's license. | 14 | | (n) A brew pub license shall allow the licensee to only (i) | 15 | | manufacture up to 155,000 gallons of beer per year only
on the | 16 | | premises specified in the license, (ii) make sales of the
beer | 17 | | manufactured on the premises or, with the approval of the | 18 | | Commission, beer manufactured on another brew pub licensed | 19 | | premises that is wholly owned and operated by the same licensee | 20 | | to importing distributors, distributors,
and to non-licensees | 21 | | for use and consumption, (iii) store the beer upon
the | 22 | | premises, (iv) sell and offer for sale at retail from the | 23 | | licensed
premises for off-premises
consumption no more than | 24 | | 155,000 gallons per year so long as such sales are only made | 25 | | in-person, (v) sell and offer for sale at retail for use and | 26 | | consumption on the premises specified in the license any form |
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| 1 | | of alcoholic liquor purchased from a licensed distributor or | 2 | | importing distributor, (vi) with the prior approval of the | 3 | | Commission, annually transfer no more than 155,000 gallons of | 4 | | beer manufactured on the premises to a licensed brew pub wholly | 5 | | owned and operated by the same licensee, and (vii) | 6 | | notwithstanding item (i) of this subsection, brew pubs wholly | 7 | | owned and operated by the same licensee may combine each | 8 | | location's production limit of 155,000 gallons of beer per year | 9 | | and allocate the aggregate total between the wholly owned, | 10 | | operated, and licensed locations. | 11 | | A brew pub licensee shall not under any circumstance sell | 12 | | or offer for sale beer manufactured by the brew pub licensee to | 13 | | retail licensees. | 14 | | A person who holds a class 2 brewer license may | 15 | | simultaneously hold a brew pub license if the class 2 brewer | 16 | | (i) does not, under any circumstance, sell or offer for sale | 17 | | beer manufactured by the class 2 brewer to retail licensees; | 18 | | (ii) does not hold more than 3 brew pub licenses in this State; | 19 | | (iii) does not manufacture more than a combined 3,720,000 | 20 | | gallons of beer per year, including the beer manufactured at | 21 | | the brew pub; and (iv) is not a member of or affiliated with, | 22 | | directly or indirectly, a manufacturer that produces more than | 23 | | 3,720,000 gallons of beer per year or any other alcoholic | 24 | | liquor. | 25 | | Notwithstanding any other provision of this Act, a licensed | 26 | | brewer, class 2 brewer, or non-resident dealer who before July |
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| 1 | | 1, 2015 manufactured less than 3,720,000 gallons of beer per | 2 | | year and held a brew pub license on or before July 1, 2015 may | 3 | | (i) continue to qualify for and hold that brew pub license for | 4 | | the licensed premises and (ii) manufacture more than 3,720,000 | 5 | | gallons of beer per year and continue to qualify for and hold | 6 | | that brew pub license if that brewer, class 2 brewer, or | 7 | | non-resident dealer does not simultaneously hold a class 1 | 8 | | brewer license and is not a member of or affiliated with, | 9 | | directly or indirectly, a manufacturer that produces more than | 10 | | 3,720,000 gallons of beer per year or that produces any other | 11 | | alcoholic liquor. | 12 | | (o) A caterer retailer license shall allow the holder
to | 13 | | serve alcoholic liquors as an incidental part of a food service | 14 | | that serves
prepared meals which excludes the serving of snacks | 15 | | as
the primary meal, either on or off-site whether licensed or | 16 | | unlicensed. A caterer retailer license shall allow the holder, | 17 | | a distributor, or an importing distributor to transfer any | 18 | | inventory to and from the holder's retail premises and shall | 19 | | allow the holder to purchase alcoholic liquor from a | 20 | | distributor or importing distributor to be delivered directly | 21 | | to an off-site event. | 22 | | Nothing in this Act prohibits a distributor or importing | 23 | | distributor from offering credit or a refund for unused, | 24 | | salable beer to a holder of a caterer retailer license or a | 25 | | caterer retailer licensee from accepting a credit or refund for | 26 | | unused, salable beer, in the event an act of God is the sole |
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| 1 | | reason an off-site event is cancelled and if: (i) the holder of | 2 | | a caterer retailer license has not transferred alcoholic liquor | 3 | | from its caterer retailer premises to an off-site location; | 4 | | (ii) the distributor or importing distributor offers the credit | 5 | | or refund for the unused, salable beer that it delivered to the | 6 | | off-site premises and not for any unused, salable beer that the | 7 | | distributor or importing distributor delivered to the caterer | 8 | | retailer's premises; and (iii) the unused, salable beer would | 9 | | likely spoil if transferred to the caterer retailer's premises. | 10 | | A caterer retailer license shall allow the holder to transfer | 11 | | any inventory from any off-site location to its caterer | 12 | | retailer premises at the conclusion of an off-site event or | 13 | | engage a distributor or importing distributor to transfer any | 14 | | inventory from any off-site location to its caterer retailer | 15 | | premises at the conclusion of an off-site event, provided that | 16 | | the distributor or importing distributor issues bona fide | 17 | | charges to the caterer retailer licensee for fuel, labor, and | 18 | | delivery and the distributor or importing distributor collects | 19 | | payment from the caterer retailer licensee prior to the | 20 | | distributor or importing distributor transferring inventory to | 21 | | the caterer retailer premises. | 22 | | For purposes of this subsection (o), an "act of God" means | 23 | | an unforeseeable event, such as a rain or snow storm, hail, a | 24 | | flood, or a similar event, that is the sole cause of the | 25 | | cancellation of an off-site, outdoor event. | 26 | | (p) An auction liquor license shall allow the licensee to |
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| 1 | | sell and offer
for sale at auction wine and spirits for use or | 2 | | consumption, or for resale by
an Illinois liquor licensee in | 3 | | accordance with provisions of this Act. An
auction liquor | 4 | | license will be issued to a person and it will permit the
| 5 | | auction liquor licensee to hold the auction anywhere in the | 6 | | State. An auction
liquor license must be obtained for each | 7 | | auction at least 14 days in advance of
the auction date. | 8 | | (q) A special use permit license shall allow an Illinois | 9 | | licensed
retailer to transfer a portion of its alcoholic liquor | 10 | | inventory from its
retail licensed premises to the premises | 11 | | specified in the license hereby
created; to purchase alcoholic | 12 | | liquor from a distributor or importing distributor to be | 13 | | delivered directly to the location specified in the license | 14 | | hereby created; and to sell or offer for sale at retail, only | 15 | | in the premises
specified in the license hereby created, the | 16 | | transferred or delivered alcoholic liquor for
use or | 17 | | consumption, but not for resale in any form. A special use | 18 | | permit
license may be granted for the following time periods: | 19 | | one day or less; 2 or
more days to a maximum of 15 days per | 20 | | location in any 12-month period. An
applicant for the special | 21 | | use permit license must also submit with the
application proof | 22 | | satisfactory to the State Commission that the applicant will
| 23 | | provide dram shop liability insurance to the maximum limits and | 24 | | have local
authority approval. | 25 | | A special use permit license shall allow the holder to | 26 | | transfer any inventory from the holder's special use premises |
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| 1 | | to its retail premises at the conclusion of the special use | 2 | | event or engage a distributor or importing distributor to | 3 | | transfer any inventory from the holder's special use premises | 4 | | to its retail premises at the conclusion of an off-site event, | 5 | | provided that the distributor or importing distributor issues | 6 | | bona fide charges to the special use permit licensee for fuel, | 7 | | labor, and delivery and the distributor or importing | 8 | | distributor collects payment from the retail licensee prior to | 9 | | the distributor or importing distributor transferring | 10 | | inventory to the retail premises. | 11 | | Nothing in this Act prohibits a distributor or importing | 12 | | distributor from offering credit or a refund for unused, | 13 | | salable beer to a special use permit licensee or a special use | 14 | | permit licensee from accepting a credit or refund for unused, | 15 | | salable beer at the conclusion of the event specified in the | 16 | | license if: (i) the holder of the special use permit license | 17 | | has not transferred alcoholic liquor from its retail licensed | 18 | | premises to the premises specified in the special use permit | 19 | | license; (ii) the distributor or importing distributor offers | 20 | | the credit or refund for the unused, salable beer that it | 21 | | delivered to the premises specified in the special use permit | 22 | | license and not for any unused, salable beer that the | 23 | | distributor or importing distributor delivered to the | 24 | | retailer's premises; and (iii) the unused, salable beer would | 25 | | likely spoil if transferred to the retailer premises. | 26 | | (r) A winery shipper's license shall allow a person
with a |
| | | SB3830 | - 44 - | LRB101 20745 RPS 70430 b |
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| 1 | | first-class or second-class wine manufacturer's
license, a | 2 | | first-class or second-class wine-maker's license,
or a limited | 3 | | wine manufacturer's license or who is licensed to
make wine | 4 | | under the laws of another state to ship wine
made by that | 5 | | licensee directly to a resident of this
State who is 21 years | 6 | | of age or older for that resident's
personal use and not for | 7 | | resale. Prior to receiving a
winery shipper's license, an | 8 | | applicant for the license must
provide the Commission with a | 9 | | true copy of its current
license in any state in which it is | 10 | | licensed as a manufacturer
of wine. An applicant for a winery | 11 | | shipper's license must
also complete an application form that | 12 | | provides any other
information the Commission deems necessary. | 13 | | The application form shall include all addresses from which the | 14 | | applicant for a winery shipper's license intends to ship wine, | 15 | | including the name and address of any third party, except for a | 16 | | common carrier, authorized to ship wine on behalf of the | 17 | | manufacturer. The
application form shall include an | 18 | | acknowledgement consenting
to the jurisdiction of the | 19 | | Commission, the Illinois
Department of Revenue, and the courts | 20 | | of this State concerning
the enforcement of this Act and any | 21 | | related laws, rules, and
regulations, including authorizing | 22 | | the Department of Revenue
and the Commission to conduct audits | 23 | | for the purpose of
ensuring compliance with Public Act 95-634, | 24 | | and an acknowledgement that the wine manufacturer is in | 25 | | compliance with Section 6-2 of this Act. Any third party, | 26 | | except for a common carrier, authorized to ship wine on behalf |
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| 1 | | of a first-class or second-class wine manufacturer's licensee, | 2 | | a first-class or second-class wine-maker's licensee, a limited | 3 | | wine manufacturer's licensee, or a person who is licensed to | 4 | | make wine under the laws of another state shall also be | 5 | | disclosed by the winery shipper's licensee, and a copy of the | 6 | | written appointment of the third-party wine provider, except | 7 | | for a common carrier, to the wine manufacturer shall be filed | 8 | | with the State Commission as a supplement to the winery | 9 | | shipper's license application or any renewal thereof. The | 10 | | winery shipper's license holder shall affirm under penalty of | 11 | | perjury, as part of the winery shipper's license application or | 12 | | renewal, that he or she only ships wine, either directly or | 13 | | indirectly through a third-party provider, from the licensee's | 14 | | own production. | 15 | | Except for a common carrier, a third-party provider | 16 | | shipping wine on behalf of a winery shipper's license holder is | 17 | | the agent of the winery shipper's license holder and, as such, | 18 | | a winery shipper's license holder is responsible for the acts | 19 | | and omissions of the third-party provider acting on behalf of | 20 | | the license holder. A third-party provider, except for a common | 21 | | carrier, that engages in shipping wine into Illinois on behalf | 22 | | of a winery shipper's license holder shall consent to the | 23 | | jurisdiction of the State Commission and the State. Any | 24 | | third-party, except for a common carrier, holding such an | 25 | | appointment shall, by February 1 of each calendar year and upon | 26 | | request by the State Commission or the Department of Revenue, |
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| 1 | | file with the State Commission a statement detailing each | 2 | | shipment made to an Illinois resident. The statement shall | 3 | | include the name and address of the third-party provider filing | 4 | | the statement, the time period covered by the statement, and | 5 | | the following information: | 6 | | (1) the name, address, and license number of the winery | 7 | | shipper on whose behalf the shipment was made; | 8 | | (2) the quantity of the products delivered; and | 9 | | (3) the date and address of the shipment. | 10 | | If the Department of Revenue or the State Commission requests a | 11 | | statement under this paragraph, the third-party provider must | 12 | | provide that statement no later than 30 days after the request | 13 | | is made. Any books, records, supporting papers, and documents | 14 | | containing information and data relating to a statement under | 15 | | this paragraph shall be kept and preserved for a period of 3 | 16 | | years, unless their destruction sooner is authorized, in | 17 | | writing, by the Director of Revenue, and shall be open and | 18 | | available to inspection by the Director of Revenue or the State | 19 | | Commission or any duly authorized officer, agent, or employee | 20 | | of the State Commission or the Department of Revenue, at all | 21 | | times during business hours of the day. Any person who violates | 22 | | any provision of this paragraph or any rule of the State | 23 | | Commission for the administration and enforcement of the | 24 | | provisions of this paragraph is guilty of a Class C | 25 | | misdemeanor. In case of a continuing violation, each day's | 26 | | continuance thereof shall be a separate and distinct offense. |
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| 1 | | The State Commission shall adopt rules as soon as | 2 | | practicable to implement the requirements of Public Act 99-904 | 3 | | and shall adopt rules prohibiting any such third-party | 4 | | appointment of a third-party provider, except for a common | 5 | | carrier, that has been deemed by the State Commission to have | 6 | | violated the provisions of this Act with regard to any winery | 7 | | shipper licensee. | 8 | | A winery shipper licensee must pay to the Department
of | 9 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 10 | | all wine that is sold by the licensee and shipped to a person
| 11 | | in this State. For the purposes of Section 8-1, a winery
| 12 | | shipper licensee shall be taxed in the same manner as a
| 13 | | manufacturer of wine. A licensee who is not otherwise required | 14 | | to register under the Retailers' Occupation Tax Act must
| 15 | | register under the Use Tax Act to collect and remit use tax to
| 16 | | the Department of Revenue for all gallons of wine that are sold
| 17 | | by the licensee and shipped to persons in this State. If a
| 18 | | licensee fails to remit the tax imposed under this Act in
| 19 | | accordance with the provisions of Article VIII of this Act, the
| 20 | | winery shipper's license shall be revoked in accordance
with | 21 | | the provisions of Article VII of this Act. If a licensee
fails | 22 | | to properly register and remit tax under the Use Tax Act
or the | 23 | | Retailers' Occupation Tax Act for all wine that is sold
by the | 24 | | winery shipper and shipped to persons in this
State, the winery | 25 | | shipper's license shall be revoked in
accordance with the | 26 | | provisions of Article VII of this Act. |
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| 1 | | A winery shipper licensee must collect, maintain, and
| 2 | | submit to the Commission on a semi-annual basis the
total | 3 | | number of cases per resident of wine shipped to residents
of | 4 | | this State.
A winery shipper licensed under this subsection (r)
| 5 | | must comply with the requirements of Section 6-29 of this Act. | 6 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 7 | | Section 3-12, the State Commission may receive, respond to, and | 8 | | investigate any complaint and impose any of the remedies | 9 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 10 | | As used in this subsection, "third-party provider" means | 11 | | any entity that provides fulfillment house services, including | 12 | | warehousing, packaging, distribution, order processing, or | 13 | | shipment of wine, but not the sale of wine, on behalf of a | 14 | | licensed winery shipper. | 15 | | (s) A craft distiller tasting permit license shall allow an | 16 | | Illinois licensed class 1 craft distiller or class 2 craft | 17 | | distiller to transfer a portion of its alcoholic liquor | 18 | | inventory from its class 1 craft distiller or class 2 craft | 19 | | distiller licensed premises to the premises specified in the | 20 | | license hereby created and to conduct a sampling, only in the | 21 | | premises specified in the license hereby created, of the | 22 | | transferred alcoholic liquor in accordance with subsection (c) | 23 | | of Section 6-31 of this Act. The transferred alcoholic liquor | 24 | | may not be sold or resold in any form. An applicant for the | 25 | | craft distiller tasting permit license must also submit with | 26 | | the application proof satisfactory to the State Commission that |
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| 1 | | the applicant will provide dram shop liability insurance to the | 2 | | maximum limits and have local authority approval. | 3 | | (t) A brewer warehouse permit may be issued to the holder | 4 | | of a class 1 brewer license or a class 2 brewer license. If the | 5 | | holder of the permit is a class 1 brewer licensee, the brewer | 6 | | warehouse permit shall allow the holder to store or warehouse | 7 | | up to 930,000 gallons of tax-determined beer manufactured by | 8 | | the holder of the permit at the premises specified on the | 9 | | permit. If the holder of the permit is a class 2 brewer | 10 | | licensee, the brewer warehouse permit shall allow the holder to | 11 | | store or warehouse up to 3,720,000 gallons of tax-determined | 12 | | beer manufactured by the holder of the permit at the premises | 13 | | specified on the permit. Sales to non-licensees are prohibited | 14 | | at the premises specified in the brewer warehouse permit. | 15 | | (u) A distilling pub license shall allow the licensee to | 16 | | only (i) manufacture up to 5,000 gallons of spirits per year | 17 | | only on the premises specified in the license, (ii) make sales | 18 | | of the spirits manufactured on the premises or, with the | 19 | | approval of the State Commission, spirits manufactured on | 20 | | another distilling pub licensed premises that is wholly owned | 21 | | and operated by the same licensee to importing distributors and | 22 | | distributors and to non-licensees for use and consumption, | 23 | | (iii) store the spirits upon the premises, (iv) sell and offer | 24 | | for sale at retail from the licensed premises for off-premises | 25 | | consumption no more than 5,000 gallons per year so long as such | 26 | | sales are only made in-person, (v) sell and offer for sale at |
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| 1 | | retail for use and consumption on the premises specified in the | 2 | | license any form of alcoholic liquor purchased from a licensed | 3 | | distributor or importing distributor, and (vi) with the prior | 4 | | approval of the State Commission, annually transfer no more | 5 | | than 5,000 gallons of spirits manufactured on the premises to a | 6 | | licensed distilling pub wholly owned and operated by the same | 7 | | licensee. | 8 | | A distilling pub licensee shall not under any circumstance | 9 | | sell or offer for sale spirits manufactured by the distilling | 10 | | pub licensee to retail licensees. | 11 | | A person who holds a class 2 craft distiller license may | 12 | | simultaneously hold a distilling pub license if the class 2 | 13 | | craft distiller (i) does not, under any circumstance, sell or | 14 | | offer for sale spirits manufactured by the class 2 craft | 15 | | distiller to retail licensees; (ii) does not hold more than 3 | 16 | | distilling pub licenses in this State; (iii) does not | 17 | | manufacture more than a combined 100,000 gallons of spirits per | 18 | | year, including the spirits manufactured at the distilling pub; | 19 | | and (iv) is not a member of or affiliated with, directly or | 20 | | indirectly, a manufacturer that produces more than 100,000 | 21 | | gallons of spirits per year or any other alcoholic liquor. | 22 | | (v) A craft distiller warehouse permit may be issued to the | 23 | | holder of a class 1 craft distiller or class 2 craft distiller | 24 | | license. The craft distiller warehouse permit shall allow the | 25 | | holder to store or warehouse up to 500,000 gallons of spirits | 26 | | manufactured by the holder of the permit at the premises |
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| 1 | | specified on the permit. Sales to non-licensees are prohibited | 2 | | at the premises specified in the craft distiller warehouse | 3 | | permit. | 4 | | (w) A wine retail shipper's license shall allow a person | 5 | | licensed to retail wine under the laws of another state to ship | 6 | | wine in that retailer's inventory directly to a resident of | 7 | | this State who is 21 years of age or older for that resident's | 8 | | personal use and not for resale. Prior to receiving a wine | 9 | | retail shipper's license, an applicant for the license must | 10 | | provide the State Commission with a true copy of its current | 11 | | license in any state in which it is licensed as a retailer. An | 12 | | applicant for a wine retail shipper's license must also | 13 | | complete an application form that provides any other | 14 | | information the State Commission deems necessary. The | 15 | | application form shall include all addresses from which the | 16 | | applicant for a wine retail shipper's license intends to ship | 17 | | wine, including the name and address of any third party, except | 18 | | for a common carrier, authorized to ship wine on behalf of the | 19 | | wine retail shipper. The application form shall include an | 20 | | acknowledgment consenting to the jurisdiction of the State | 21 | | Commission, the Department of Revenue, and the courts of this | 22 | | State concerning the enforcement of this Act and any related | 23 | | laws, rules, and regulations, including authorizing the | 24 | | Department of Revenue and the State Commission to conduct | 25 | | audits for the purpose of ensuring compliance with Public Act | 26 | | 95-634, and an acknowledgment that the wine retail shipper is |
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| 1 | | in compliance with Section 6-2 of this Act. Any third party, | 2 | | except for a common carrier, authorized to ship wine on behalf | 3 | | of a person who is licensed to retail wine under the laws of | 4 | | another state shall also be disclosed by the wine retail | 5 | | shipper's licensee, and a copy of the written appointment of | 6 | | the third-party wine provider, except for a common carrier, to | 7 | | the wine retail shipper shall be filed with the State | 8 | | Commission as a supplement to the wine retail shipper's license | 9 | | application or any renewal thereof. The wine retail shipper's | 10 | | license holder shall affirm under penalty of perjury, as part | 11 | | of the wine retail shipper's license application or renewal, | 12 | | that he or she only ships wine, either directly or indirectly | 13 | | through a third-party provider, from the licensee's own | 14 | | inventory. | 15 | | Except for a common carrier, a third-party provider | 16 | | shipping wine on behalf of a wine retail shipper's license | 17 | | holder is the agent of the wine retail shipper's license holder | 18 | | and, as such, a wine retail shipper's license holder is | 19 | | responsible for the acts and omissions of the third-party | 20 | | provider acting on behalf of the license holder. A third-party | 21 | | provider, except for a common carrier, that engages in shipping | 22 | | wine into Illinois on behalf of a wine retail shipper's license | 23 | | holder shall consent to the jurisdiction of the State | 24 | | Commission and the State. Any third party, except for a common | 25 | | carrier, holding such an appointment shall, by February 1 of | 26 | | each calendar year and upon request by the State Commission or |
| | | SB3830 | - 53 - | LRB101 20745 RPS 70430 b |
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| 1 | | the Department of Revenue, file with the State Commission a | 2 | | statement detailing each shipment made to an Illinois resident. | 3 | | The statement shall include the name and address of the | 4 | | third-party provider filing the statement, the time period | 5 | | covered by the statement, and the following information: | 6 | | (1) the name, address, and license number of the
wine | 7 | | retail shipper on whose behalf the shipment was made; | 8 | | (2) the quantity of the products delivered; and | 9 | | (3) the date and address of the shipment. | 10 | | If the Department of Revenue or the State Commission requests a | 11 | | statement under this paragraph, the third-party provider must | 12 | | provide that statement no later than 30 days after the request | 13 | | is made. Any books, records, supporting papers, and documents | 14 | | containing information and data relating to a statement under | 15 | | this paragraph shall be kept and preserved for a period of 3 | 16 | | years, unless their destruction sooner is authorized, in | 17 | | writing, by the Director of Revenue, and shall be open and | 18 | | available to inspection by the Director of Revenue or the State | 19 | | Commission or any duly authorized officer, agent, or employee | 20 | | of the State Commission or the Department of Revenue, at all | 21 | | times during business hours of the day. Any person who violates | 22 | | any provision of this paragraph or any rule of the State | 23 | | Commission for the administration and enforcement of the | 24 | | provisions of this paragraph is guilty of a Class C | 25 | | misdemeanor. In case of a continuing violation, each day's | 26 | | continuance thereof shall be a separate and distinct offense. |
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| 1 | | The State Commission shall adopt rules as soon as | 2 | | practicable to implement the requirements of this amendatory | 3 | | Act of the 101st General Assembly and shall adopt rules | 4 | | prohibiting any such third-party appointment of a third-party | 5 | | provider, except for a common carrier, that has been deemed by | 6 | | the State Commission to have violated the provisions of this | 7 | | Act with regard to any wine retail shipper's licensee. | 8 | | A wine retail shipper licensee must collect, maintain, and | 9 | | submit to the State Commission on a semi-annual basis the total | 10 | | number of cases per resident of wine shipped to residents of | 11 | | this State. A wine retail shipper licensed under this | 12 | | subsection (w) must comply with the requirements of Section | 13 | | 6-29 of this Act. | 14 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 15 | | Section 3-12, the State Commission may receive, respond to, and | 16 | | investigate any complaint and impose any of the remedies | 17 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 18 | | As used in this subsection, "third-party provider" means | 19 | | any entity that provides fulfillment house services, including | 20 | | warehousing, packaging, distribution, order processing, or | 21 | | shipment of wine, but not the sale of wine, on behalf of a | 22 | | licensed wine retail shipper. | 23 | | (Source: P.A. 100-17, eff. 6-30-17; 100-201, eff. 8-18-17; | 24 | | 100-816, eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff. | 25 | | 8-23-18; 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; 101-81, | 26 | | eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. 8-23-19; |
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| 1 | | 101-615, eff. 12-20-19.) | 2 | | (235 ILCS 5/5-3) (from Ch. 43, par. 118) | 3 | | Sec. 5-3. License fees. Except as otherwise provided | 4 | | herein, at the time
application is made to the State Commission | 5 | | for a license of any class, the
applicant shall pay to the | 6 | | State Commission the fee hereinafter provided for
the kind of | 7 | | license applied for. | 8 | | The fee for licenses issued by the State Commission shall | 9 | | be as follows: | |
10 | | | Online | Initial | |
11 | | | renewal | license | |
12 | | | | or | |
13 | | | | non-online | |
14 | | | | renewal |
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15 | | For a manufacturer's license: | | | |
16 | | Class 1. Distiller ................. | $4,000 | $5,000 | |
17 | | Class 2. Rectifier ................. | 4,000 | 5,000 | |
18 | | Class 3. Brewer .................... | 1,200 | 1,500 | |
19 | | Class 4. First-class Wine | | | |
20 | | Manufacturer ................... | 750 | 900 | |
21 | | Class 5. Second-class | | | |
22 | | Wine Manufacturer .............. | 1,500 | 1,750 | |
23 | | Class 6. First-class wine-maker .... | 750 | 900 | |
24 | | Class 7. Second-class wine-maker ... | 1,500 | 1,750 | |
25 | | Class 8. Limited Wine | | | |
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| 1 | | Manufacturer .................... | 250 | 350 | |
2 | | Class 9. Craft Distiller ............ | $2,000 | $2,500 | |
3 | | Class 10. Class 1 Craft Distiller ... | 50 | 75 | |
4 | | Class 11. Class 2 Craft Distiller ... | 75 | 100 | |
5 | | Class 12. Class 1 Brewer ............ | 50 | 75 | |
6 | | Class 13. Class 2 Brewer ............ | 75 | 100 | |
7 | | For a Brew Pub License .............. | 1,200 | 1,500 | |
8 | | For a Distilling Pub License ........ | 1,200 | 1,500 | |
9 | | For a caterer retailer's license .... | 350 | 500 | |
10 | | For a foreign importer's license ... | 25 | 25 | |
11 | | For an importing distributor's | | | |
12 | | license ......................... | 25 | 25 | |
13 | | For a distributor's license | | | |
14 | | (11,250,000 gallons | | | |
15 | | or over) ........................ | 1,450 | 2,200 | |
16 | | For a distributor's license | | | |
17 | | (over 4,500,000 gallons, but | | | |
18 | | under 11,250,000 gallons) ....... | 950 | 1,450 | |
19 | | For a distributor's license | | | |
20 | | (4,500,000 gallons or under) .... | 300 | 450 | |
21 | | For a non-resident dealer's license | | | |
22 | | (500,000 gallons or over) ...... | 1,200 | 1,500 | |
23 | | For a wine retail shipper's | | | |
24 | | license ........................ | 600 | 750 | |
25 | | For a non-resident dealer's license | | | |
26 | | (under 500,000 gallons) ........ | 250 | 350 | |
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| 1 | | For a wine-maker's premises | | | |
2 | | license ........................ | 250 | 500 | |
3 | | For a winery shipper's license | | | |
4 | | (under 250,000 gallons) ......... | 200 | 350 | |
5 | | For a winery shipper's license
| | | |
6 | | (250,000 or over, but | | | |
7 | | under 500,000 gallons) .......... | 750 | 1,000 | |
8 | | For a winery shipper's license
| | | |
9 | | (500,000 gallons or over) ....... | 1,200 | 1,500 | |
10 | | For a wine-maker's premises license, | | | |
11 | | second location ................ | 500 | 1,000 | |
12 | | For a wine-maker's premises license, | | | |
13 | | third location ................. | 500 | 1,000 | |
14 | | For a retailer's license ........... | 600 | 750 | |
15 | | For a special event retailer's | | | |
16 | | license, (not-for-profit) ...... | 25 | 25 | |
17 | | For a special use permit license, | | | |
18 | | one day only ................... | 100 | 150 | |
19 | | 2 days or more ................. | 150 | 250 | |
20 | | For a railroad license ............. | 100 | 150 | |
21 | | For a boat license ................. | 500 | 1,000 | |
22 | | For an airplane license, times the | | | |
23 | | licensee's maximum number of | | | |
24 | | aircraft in flight, serving | | | |
25 | | liquor over the State at any | | | |
26 | | given time, which either | | | |
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| 1 | | originate, terminate, or make | | | |
2 | | an intermediate stop in | | | |
3 | | the State ....................... | 100 | 150 | |
4 | | For a non-beverage user's license: | | | |
5 | | Class 1 ........................ | 24 | 24 | |
6 | | Class 2 ........................ | 60 | 60 | |
7 | | Class 3 ........................ | 120 | 120 | |
8 | | Class 4 ........................ | 240 | 240 | |
9 | | Class 5 ........................ | 600 | 600 | |
10 | | For a broker's license ............. | 750 | 1,000 | |
11 | | For an auction liquor license ...... | 100 | 150 | |
12 | | For a homebrewer special | | | |
13 | | event permit .................... | 25 | 25 | |
14 | | For a craft distiller | | | |
15 | | tasting permit .................. | 25 | 25 | |
16 | | For a BASSET trainer license ........ | 300 | 350 | |
17 | | For a tasting representative | | | |
18 | | license ......................... | 200 | 300 | |
19 | | For a brewer warehouse permit ....... | 25 | 25 | |
20 | | For a craft distiller | | | |
21 | | warehouse permit ............... | 25 | 25 |
| 22 | | Fees collected under this Section shall be paid into the
| 23 | | Dram Shop Fund. On and after July 1, 2003 and until June 30, | 24 | | 2016, of the funds received for a
retailer's license, in
| 25 | | addition to the
first $175, an additional $75 shall be paid | 26 | | into the Dram Shop Fund, and $250
shall be
paid into the |
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| 1 | | General Revenue Fund. On and after June 30, 2016, one-half of | 2 | | the funds received for a retailer's license shall be paid into | 3 | | the Dram Shop Fund and one-half of the funds received for a | 4 | | retailer's license shall be paid into the General Revenue Fund. | 5 | | Beginning June 30, 1990 and on June 30
of each
subsequent year | 6 | | through June 29, 2003, any balance over $5,000,000
remaining in | 7 | | the Dram Shop Fund
shall be credited to State liquor licensees | 8 | | and applied against their fees for
State liquor licenses for | 9 | | the following year. The amount credited to each
licensee shall | 10 | | be a proportion of the balance in the Dram Fund that is the
| 11 | | same as the proportion of the license fee paid by the licensee | 12 | | under
this Section for the period in which the balance was | 13 | | accumulated to the
aggregate fees paid by all licensees during | 14 | | that period. | 15 | | No fee shall be paid for licenses issued by the State | 16 | | Commission to
the following non-beverage users: | 17 | | (a) Hospitals, sanitariums, or clinics when their use | 18 | | of alcoholic
liquor is exclusively medicinal, mechanical | 19 | | or scientific. | 20 | | (b) Universities, colleges of learning or schools when | 21 | | their use of
alcoholic liquor is exclusively medicinal, | 22 | | mechanical or scientific. | 23 | | (c) Laboratories when their use is exclusively for the | 24 | | purpose of
scientific research. | 25 | | (Source: P.A. 100-201, eff. 8-18-17; 100-816, eff. 8-13-18; | 26 | | 101-482, eff. 8-23-19; 101-615, eff. 12-20-19.)
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| 1 | | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| 2 | | Sec. 6-2. Issuance of licenses to certain persons | 3 | | prohibited.
| 4 | | (a) Except as otherwise provided in subsection (b) of this | 5 | | Section and in paragraph (1) of subsection (a) of Section 3-12, | 6 | | no license
of any kind issued by the State Commission or any | 7 | | local
commission shall be issued to:
| 8 | | (1) A person who is not a resident of any city, village | 9 | | or county in
which the premises covered by the license are | 10 | | located; except in case of
railroad or boat licenses or | 11 | | wine retail shipper's licenses .
| 12 | | (2) A person who is not of good character and | 13 | | reputation in the
community in which he resides.
| 14 | | (3) (Blank).
| 15 | | (4) A person who has been convicted of a felony under | 16 | | any Federal or
State law, unless the Commission determines | 17 | | that such
person will not be impaired by the conviction in | 18 | | engaging in the licensed practice
after considering | 19 | | matters set forth in such person's application in | 20 | | accordance with Section 6-2.5 of this Act and the
| 21 | | Commission's investigation.
| 22 | | (5) A person who has been convicted of keeping a place | 23 | | of prostitution or keeping a place of juvenile | 24 | | prostitution, promoting prostitution that involves keeping | 25 | | a place of prostitution, or promoting juvenile |
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| 1 | | prostitution that involves keeping a place of juvenile | 2 | | prostitution.
| 3 | | (6) A person who has been convicted of pandering.
| 4 | | (7) A person whose license issued under this Act has | 5 | | been revoked for
cause.
| 6 | | (8) A person who at the time of application for renewal | 7 | | of any license
issued hereunder would not be eligible for | 8 | | such license upon a first
application.
| 9 | | (9) A copartnership, if any general partnership | 10 | | thereof, or any
limited partnership thereof, owning more | 11 | | than 5% of the aggregate limited
partner interest in such | 12 | | copartnership would not be eligible to receive a
license | 13 | | hereunder for any reason other than residence within the | 14 | | political
subdivision, unless residency is required by | 15 | | local ordinance.
| 16 | | (10) A corporation or limited liability company, if any | 17 | | member, officer, manager or director thereof, or
any | 18 | | stockholder or stockholders owning in the aggregate more | 19 | | than 5% of the
stock of such corporation, would not be | 20 | | eligible to receive a license
hereunder for any reason | 21 | | other than residence within the
political subdivision.
| 22 | | (10a) A corporation or limited liability company | 23 | | unless it is incorporated or organized in Illinois, or | 24 | | unless it
is a foreign corporation or foreign limited | 25 | | liability company which is qualified under the Business
| 26 | | Corporation Act of 1983 or the Limited Liability Company |
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| 1 | | Act to transact business in Illinois. The Commission shall | 2 | | permit and accept from an applicant for a license under | 3 | | this Act proof prepared from the Secretary of State's | 4 | | website that the corporation or limited liability company | 5 | | is in good standing and is qualified under the Business
| 6 | | Corporation Act of 1983 or the Limited Liability Company | 7 | | Act to transact business in Illinois.
| 8 | | (11) A person whose place of business is conducted by a | 9 | | manager or agent
unless the manager or agent possesses the | 10 | | same qualifications required by
the licensee.
| 11 | | (12) A person who has been convicted of a violation of | 12 | | any Federal or
State law concerning the manufacture, | 13 | | possession or sale of alcoholic
liquor, subsequent to the | 14 | | passage of this Act or has forfeited his bond to
appear in | 15 | | court to answer charges for any such violation, unless the | 16 | | Commission determines, in accordance with Section 6-2.5 of | 17 | | this Act, that the person will not be impaired by the | 18 | | conviction in engaging in the licensed practice.
| 19 | | (13) A person who does not beneficially own the | 20 | | premises for which a
license is sought, or does not have a | 21 | | lease thereon for the full period for
which the license is | 22 | | to be issued.
| 23 | | (14) Any law enforcing public official, including | 24 | | members
of local liquor control commissions,
any mayor, | 25 | | alderman, or member of the
city council or commission, any | 26 | | president of the village board of trustees,
any member of a |
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| 1 | | village board of trustees, or any president or member of a
| 2 | | county board; and no such official shall have a direct | 3 | | interest in the
manufacture, sale, or distribution of | 4 | | alcoholic liquor, except that a
license
may be granted to | 5 | | such official in relation to premises that are
not
located | 6 | | within the territory subject to the jurisdiction of that | 7 | | official
if the issuance of such license is approved by the | 8 | | State Liquor Control
Commission
and except that a license | 9 | | may be granted, in a city or village with a
population of | 10 | | 55,000 or less, to any alderman, member of a city council, | 11 | | or
member of a village board of trustees in relation to | 12 | | premises that are located
within the territory
subject to | 13 | | the jurisdiction of that official if (i) the sale of | 14 | | alcoholic
liquor pursuant to the license is incidental to | 15 | | the selling of food, (ii) the
issuance of the license is | 16 | | approved by the State Commission, (iii) the
issuance of the | 17 | | license is in accordance with all applicable local | 18 | | ordinances
in effect where the premises are located, and | 19 | | (iv) the official granted a
license does not vote on | 20 | | alcoholic liquor issues pending before the board or
council | 21 | | to which the license holder is elected. Notwithstanding any | 22 | | provision of this paragraph (14) to the contrary, an | 23 | | alderman or member of a city council or commission, a | 24 | | member of a village board of trustees other than the | 25 | | president of the village board of trustees, or a member of | 26 | | a county board other than the president of a county board |
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| 1 | | may have a direct interest in the manufacture, sale, or | 2 | | distribution of alcoholic liquor as long as he or she is | 3 | | not a law enforcing public official, a mayor, a village | 4 | | board president, or president of a county board. To prevent | 5 | | any conflict of interest, the elected official with the | 6 | | direct interest in the manufacture, sale, or distribution | 7 | | of alcoholic liquor shall not participate in any meetings, | 8 | | hearings, or decisions on matters impacting the | 9 | | manufacture, sale, or distribution of alcoholic liquor. | 10 | | Furthermore, the mayor of a city with a population of | 11 | | 55,000 or less or the president of a village with a | 12 | | population of 55,000 or less may have an interest in the | 13 | | manufacture, sale, or distribution of alcoholic liquor as | 14 | | long as the council or board over which he or she presides | 15 | | has made a local liquor control commissioner appointment | 16 | | that complies with the requirements of Section 4-2 of this | 17 | | Act.
| 18 | | (15) A person who is not a beneficial owner of the | 19 | | business to be
operated by the licensee.
| 20 | | (16) A person who has been convicted of a gambling | 21 | | offense as
proscribed by any of subsections (a) (3) through | 22 | | (a)
(11) of
Section 28-1 of, or as
proscribed by Section | 23 | | 28-1.1 or 28-3 of, the Criminal Code of
1961 or the | 24 | | Criminal Code of 2012, or as proscribed by a
statute
| 25 | | replaced by any of the aforesaid statutory provisions.
| 26 | | (17) A person or entity to whom a federal wagering |
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| 1 | | stamp has been
issued by the
federal government, unless the | 2 | | person or entity is eligible to be issued a
license under | 3 | | the Raffles and Poker Runs Act or the Illinois Pull Tabs | 4 | | and Jar Games Act.
| 5 | | (18) A person who intends to sell alcoholic liquors for | 6 | | use or
consumption on his or her licensed retail premises | 7 | | who does not have liquor
liability insurance coverage for | 8 | | that premises in an amount that is at least
equal to the | 9 | | maximum liability amounts set out in subsection (a) of | 10 | | Section
6-21.
| 11 | | (19) A person who is licensed by any licensing | 12 | | authority as a manufacturer of beer, or any partnership, | 13 | | corporation, limited liability company, or trust or any | 14 | | subsidiary, affiliate, or agent thereof, or any other form | 15 | | of business enterprise licensed as a manufacturer of beer, | 16 | | having any legal, equitable, or beneficial interest, | 17 | | directly or indirectly, in a person licensed in this State | 18 | | as a distributor or importing distributor. For purposes of | 19 | | this paragraph (19), a person who is licensed by any | 20 | | licensing authority as a "manufacturer of beer" shall also | 21 | | mean a brewer and a non-resident dealer who is also a | 22 | | manufacturer of beer, including a partnership, | 23 | | corporation, limited liability company, or trust or any | 24 | | subsidiary, affiliate, or agent thereof, or any other form | 25 | | of business enterprise licensed as a manufacturer of beer. | 26 | | (20) A person who is licensed in this State as a |
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| 1 | | distributor or importing distributor, or any partnership, | 2 | | corporation, limited liability company, or trust or any | 3 | | subsidiary, affiliate, or agent thereof, or any other form | 4 | | of business enterprise licensed in this State as a | 5 | | distributor or importing distributor having any legal, | 6 | | equitable, or beneficial interest, directly or indirectly, | 7 | | in a person licensed as a manufacturer of beer by any | 8 | | licensing authority, or any partnership, corporation, | 9 | | limited liability company, or trust or any subsidiary, | 10 | | affiliate, or agent thereof, or any other form of business | 11 | | enterprise, except for a person who owns, on or after the | 12 | | effective date of this amendatory Act of the 98th General | 13 | | Assembly, no more than 5% of the outstanding shares of a | 14 | | manufacturer of beer whose shares are publicly traded on an | 15 | | exchange within the meaning of the Securities Exchange Act | 16 | | of 1934. For the purposes of this paragraph (20), a person | 17 | | who is licensed by any licensing authority as a | 18 | | "manufacturer of beer" shall also mean a brewer and a | 19 | | non-resident dealer who is also a manufacturer of beer, | 20 | | including a partnership, corporation, limited liability | 21 | | company, or trust or any subsidiary, affiliate, or agent | 22 | | thereof, or any other form of business enterprise licensed | 23 | | as a manufacturer of beer. | 24 | | (b) A criminal conviction of a corporation is not grounds | 25 | | for the
denial, suspension, or revocation of a license applied | 26 | | for or held by the
corporation if the criminal conviction was |
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| 1 | | not the result of a violation of any
federal or State law | 2 | | concerning the manufacture, possession or sale of
alcoholic | 3 | | liquor, the offense that led to the conviction did not result | 4 | | in any
financial gain to the corporation and the corporation | 5 | | has terminated its
relationship with each director, officer, | 6 | | employee, or controlling shareholder
whose actions directly | 7 | | contributed to the conviction of the corporation. The
| 8 | | Commission shall determine if all provisions of this subsection | 9 | | (b) have been
met before any action on the corporation's | 10 | | license is initiated.
| 11 | | (Source: P.A. 100-286, eff. 1-1-18; 101-541, eff. 8-23-19.)
| 12 | | (235 ILCS 5/6-29) (from Ch. 43, par. 144e)
| 13 | | Sec. 6-29. Winery shipper's license and wine retail shipper | 14 | | license .
| 15 | | (a) The General Assembly declares that the following is the
| 16 | | intent of this Section: | 17 | | (1) To authorize direct shipment of wine by an
| 18 | | out-of-state maker of wine or out-of-state retailer of wine | 19 | | on the same basis permitted an
in-state maker or retailer | 20 | | of wine pursuant to the authority of the State
under the | 21 | | provisions of Section 2 of the Twenty-First
Amendment to | 22 | | the United States Constitution and in
conformance with the | 23 | | United States Supreme Court decisions decision
decided on | 24 | | May 16, 2005 in Granholm v. Heald and Tennessee Wine and | 25 | | Spirits Retailers Association v. Thomas decided on June 26, |
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| 1 | | 2019 . | 2 | | (2) To reaffirm that the General Assembly's findings
| 3 | | and declarations that selling alcoholic liquor through
| 4 | | various direct marketing means such as catalogs,
| 5 | | newspapers, mailings, and the Internet directly to
| 6 | | consumers of this State poses a serious threat to the
| 7 | | State's efforts to further temperance and prevent youth
| 8 | | from accessing alcoholic liquor and the expansion of youth
| 9 | | access to additional types of alcoholic liquors. | 10 | | (3) To maintain the State's broad powers granted by
| 11 | | Section 2 of the Twenty-First Amendment to the United
| 12 | | States Constitution to control the importation or sale of
| 13 | | alcoholic liquor and its right to structure its alcoholic
| 14 | | liquor distribution system. | 15 | | (4) To ensure that the General Assembly, by authorizing
| 16 | | limited direct shipment of wine to meet the directives of
| 17 | | the United States Supreme Court, does not intend to impair
| 18 | | or modify the State's distribution of wine through
| 19 | | distributors or importing distributors, but only to permit
| 20 | | limited shipment of wine for personal use. | 21 | | (5) To provide that, in the event that a court of
| 22 | | competent jurisdiction declares or finds that this
| 23 | | Section, which is enacted to conform Illinois law to the
| 24 | | United States Supreme Court decision, is invalid or
| 25 | | unconstitutional, the Illinois General Assembly at its
| 26 | | earliest general session shall conduct hearings and study
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| 1 | | methods to conform to any directive or order of the court | 2 | | consistent with the temperance and
revenue collection | 3 | | purposes of this Act. | 4 | | (b) Notwithstanding any other provision of law, a
wine | 5 | | shipper licensee or wine retail shipper licensee may ship wine , | 6 | | for personal use and not for
resale, not more than 12 cases of | 7 | | wine per year to any resident
of this State who is 21 years of | 8 | | age or older. | 9 | | (b-3) Notwithstanding any other provision of law, sale and
| 10 | | shipment by a winery shipper licensee or wine retail shipper | 11 | | licensee pursuant to this
Section shall be deemed to constitute | 12 | | a sale in this State. | 13 | | (b-5) The shipping container of any wine shipped under this
| 14 | | Section shall be clearly labeled with the following words:
| 15 | | "CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF AGE OR
| 16 | | OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY MUST BE
| 17 | | SHOWN BEFORE DELIVERY.". This warning must be prominently
| 18 | | displayed on the packaging. A licensee shall require the
| 19 | | transporter or common carrier that delivers the wine to obtain
| 20 | | the signature of a person 21 years of age or older at the
| 21 | | delivery address at the time of delivery. At the expense of the
| 22 | | licensee, the licensee shall receive a delivery confirmation
| 23 | | from the express company, common carrier, or contract carrier
| 24 | | indicating the location of the delivery, time of delivery, and
| 25 | | the name and signature of the individual 21 years of age or
| 26 | | older who accepts delivery. The Commission shall design
and |
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| 1 | | create a label or approve a label that must be affixed to
the | 2 | | shipping container by the licensee.
| 3 | | (c) No broker within this State shall solicit consumers to | 4 | | engage in
direct wine shipments under this Section.
| 5 | | (d) It is not the intent of this Section to impair the | 6 | | distribution of
wine through distributors or importing | 7 | | distributors, but only to permit
shipments of wine for personal | 8 | | use.
| 9 | | (Source: P.A. 95-634, eff. 6-1-08 .)
| 10 | | (235 ILCS 5/6-29.1)
| 11 | | Sec. 6-29.1. Direct shipments of alcoholic liquor. | 12 | | (a) The General Assembly makes the following findings: | 13 | | (1) The General Assembly of Illinois, having reviewed
| 14 | | this Act in light of the United
States Supreme Court's 2005 | 15 | | decision in Granholm v. Heald and 2019 decision in | 16 | | Tennessee Wine and Spirits Retailers Association v. | 17 | | Thomas ,
has determined to conform that law to the | 18 | | constitutional
principles enunciated by the Court in a | 19 | | manner that best
preserves the temperance, revenue, and | 20 | | orderly
distribution values of this Act. | 21 | | (2) Minimizing automobile accidents and fatalities,
| 22 | | domestic violence, health problems, loss of productivity,
| 23 | | unemployment, and other social problems associated with
| 24 | | dependency and improvident use of alcoholic beverages
| 25 | | remains the policy of Illinois. |
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| 1 | | (3) To the maximum extent constitutionally feasible,
| 2 | | Illinois desires to collect sufficient revenue from excise
| 3 | | and use taxes on alcoholic beverages for the purpose of
| 4 | | responding to such social problems. | 5 | | (4) Combined with family education and individual
| 6 | | discipline, retail validation of age, and assessment of the
| 7 | | capacity of the consumer remains the best pre-sale social
| 8 | | protection against the problems associated with the abuse
| 9 | | of alcoholic liquor. | 10 | | (5) Therefore, the paramount purpose of Public Act | 11 | | 95-634 and this amendatory Act of the 101st General | 12 | | Assembly this amendatory Act is to
continue to carefully | 13 | | limit direct shipment sales of wine by retailers of wine | 14 | | and produced by makers of wine
and to continue to prohibit | 15 | | such direct shipment sales for
spirits and beer. | 16 | | For these reasons, the Commission shall establish
a system | 17 | | to notify the out-of-state trade of this prohibition
and to | 18 | | detect violations. The Commission shall request
the Attorney | 19 | | General to extradite any offender.
| 20 | | (b) Pursuant to the
Twenty-First Amendment of the United | 21 | | States Constitution allowing states to
regulate the | 22 | | distribution and sale of alcoholic liquor and pursuant to the
| 23 | | federal Webb-Kenyon Act declaring that alcoholic liquor | 24 | | shipped in interstate
commerce must comply with state laws, the | 25 | | General Assembly hereby finds and
declares that selling | 26 | | alcoholic liquor from a point outside this State
through |
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| 1 | | various direct marketing means, such as catalogs,
newspapers, | 2 | | mailers, and the Internet,
directly to residents of this State | 3 | | poses a serious threat
to the State's efforts to prevent youths | 4 | | from accessing alcoholic liquor;
to State revenue collections; | 5 | | and to the economy of this State.
| 6 | | Any person manufacturing, distributing, retailing, or | 7 | | selling
alcoholic liquor who knowingly ships or transports or | 8 | | causes the shipping or
transportation of any alcoholic liquor | 9 | | from a point outside this State to a
person in this State who | 10 | | does not hold a manufacturer's, distributor's,
importing | 11 | | distributor's, retailer's, or non-resident dealer's license | 12 | | issued by the Liquor
Control Commission, other than a shipment | 13 | | of sacramental wine to a bona fide
religious organization, a | 14 | | shipment authorized by Section 6-29, subparagraph (17) of | 15 | | Section 3-12, or any other
shipment authorized by this Act, is | 16 | | in violation of this Act.
| 17 | | The Commission, upon determining, after investigation, | 18 | | that a person
has violated this Section, shall give notice to | 19 | | the person by certified mail to
cease and desist all shipments | 20 | | of
alcoholic liquor into this State and to withdraw from this | 21 | | State within 5
working days after receipt of the notice all | 22 | | shipments of alcoholic liquor then
in transit. A person who | 23 | | violates the cease and desist notice is subject to the | 24 | | applicable penalties in subsection (a) of Section 10-1 of this | 25 | | Act.
| 26 | | (Source: P.A. 99-904, eff. 1-1-17 .)
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| 1 | | (235 ILCS 5/7-1) (from Ch. 43, par. 145)
| 2 | | Sec. 7-1.
An applicant for a retail license , except for a | 3 | | wine retail shipper's license, from the State Commission
shall | 4 | | submit to the State Commission an application in writing under | 5 | | oath
stating:
| 6 | | (1) The applicant's name and mailing address;
| 7 | | (2) The name and address of the applicant's business;
| 8 | | (3) If applicable, the date of the filing of the | 9 | | "assumed name" of
the business with the County Clerk;
| 10 | | (4) In case of a copartnership, the date of the | 11 | | formation of the
partnership; in the case of an Illinois | 12 | | corporation, the date of its
incorporation; or in the case | 13 | | of a foreign corporation, the State where
it was | 14 | | incorporated and the date of its becoming qualified under | 15 | | the Business
Corporation Act of 1983 to transact business | 16 | | in the State of Illinois;
| 17 | | (5) The number, the date of issuance and the date of | 18 | | expiration of
the applicant's current local retail liquor | 19 | | license;
| 20 | | (6) The name of the city, village, or county that | 21 | | issued the local
retail liquor license;
| 22 | | (7) The name and address of the landlord if the | 23 | | premises are leased;
| 24 | | (8) The date of the applicant's first request for a | 25 | | State liquor
license and whether it was granted, denied or |
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| 1 | | withdrawn;
| 2 | | (9) The address of the applicant when the first | 3 | | application for a
State liquor license was made;
| 4 | | (10) The applicant's current State liquor license | 5 | | number;
| 6 | | (11) The date the applicant began liquor sales at his | 7 | | place of business;
| 8 | | (12) The address of the applicant's warehouse if he | 9 | | warehouses liquor;
| 10 | | (13) The applicant's Retailers' Occupation Tax (ROT) | 11 | | Registration Number;
| 12 | | (14) The applicant's document locator number on his | 13 | | Federal Special
Tax Stamp;
| 14 | | (15) Whether the applicant is delinquent in the payment | 15 | | of the
Retailers' Occupation Tax (Sales Tax), and if so, | 16 | | the reasons therefor;
| 17 | | (16) Whether the applicant is delinquent under the cash | 18 | | beer law,
and if so, the reasons therefor;
| 19 | | (17) In the case of a retailer, whether he is | 20 | | delinquent under the
30-day credit law, and if so, the | 21 | | reasons therefor;
| 22 | | (18) In the case of a distributor, whether he is | 23 | | delinquent under
the 15-day credit law, and if so, the | 24 | | reasons therefor;
| 25 | | (19) Whether the applicant has made an application for | 26 | | a liquor
license which has been denied, and if so, the |
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| 1 | | reasons therefor;
| 2 | | (20) Whether the applicant has ever had any previous | 3 | | liquor license
suspended or revoked, and if so, the reasons | 4 | | therefor;
| 5 | | (21) Whether the applicant has ever been convicted of a | 6 | | gambling
offense or felony, and if so, the particulars | 7 | | thereof;
| 8 | | (22) Whether the applicant possesses a current Federal | 9 | | Wagering Stamp,
and if so, the reasons therefor;
| 10 | | (23) Whether the applicant, or any other person, | 11 | | directly in his place
of business is a public official, and | 12 | | if so, the particulars thereof;
| 13 | | (24) The applicant's name, sex, date of birth, social | 14 | | security
number, position and percentage of ownership in | 15 | | the business; and the
name, sex, date of birth, social | 16 | | security number, position and
percentage of ownership in | 17 | | the business of every sole owner, partner,
corporate | 18 | | officer, director, manager and any person who owns 5% or | 19 | | more
of the shares of the applicant business entity or | 20 | | parent corporations of
the applicant business entity; and
| 21 | | (25) That he has not received or borrowed money or | 22 | | anything else of
value, and that he will not receive or | 23 | | borrow money or anything else of
value (other than | 24 | | merchandising credit in the ordinary course of
business for | 25 | | a period not to exceed 90 days as herein expressly
| 26 | | permitted under Section 6-5 hereof), directly or
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| 1 | | indirectly, from any manufacturer, importing distributor | 2 | | or
distributor or from any representative of any such | 3 | | manufacturer,
importing distributor or distributor, nor be | 4 | | a party in
any way, directly or indirectly, to any | 5 | | violation by a manufacturer,
distributor or importing | 6 | | distributor of Section 6-6 of this Act.
| 7 | | In addition to any other requirement of this Section, an | 8 | | applicant for
a special use permit license and a special event | 9 | | retailer's license shall
also submit (A) proof satisfactory to | 10 | | the Commission that the applicant
has a resale number issued | 11 | | under Section 2c of the Retailers' Occupation Tax
Act or that | 12 | | the applicant is registered under Section 2a of the Retailers'
| 13 | | Occupation Tax Act, (B) proof satisfactory to the Commission | 14 | | that the
applicant has a current, valid exemption | 15 | | identification number issued under
Section 1g of the Retailers' | 16 | | Occupation Tax Act and a certification to the
Commission that | 17 | | the purchase of alcoholic liquors will be a tax-exempt
| 18 | | purchase, or (C) a statement that the applicant is not | 19 | | registered under
Section 2a of the Retailers' Occupation Tax | 20 | | Act, does not hold a resale
number under Section 2c of the | 21 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 22 | | number under Section 1g of the Retailers' Occupation
Tax Act.
| 23 | | The applicant shall also submit proof of adequate dram shop
| 24 | | insurance for the special event prior to being issued a | 25 | | license.
| 26 | | In addition to the foregoing information, such application |
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| 1 | | shall
contain such other and further information as the State | 2 | | Commission and
the local commission may, by rule or regulation | 3 | | not inconsistent with
law, prescribe.
| 4 | | If the applicant reports a felony conviction as required | 5 | | under
paragraph (21) of this Section, such conviction may be | 6 | | considered by the
Commission in accordance with Section 6-2.5 | 7 | | of this Act in determining qualifications for licensing, but | 8 | | shall not
operate as a bar to licensing.
| 9 | | If said application is made in behalf of a partnership, | 10 | | firm,
association, club or corporation, then the same shall be | 11 | | signed by one
member of such partnership or the president or
| 12 | | secretary of
such corporation or an authorized agent of said
| 13 | | partnership or corporation.
| 14 | | All other applications shall be on forms prescribed by
the | 15 | | State Commission, and which may exclude any of the above | 16 | | requirements which
the State Commission rules to be | 17 | | inapplicable.
| 18 | | (Source: P.A. 100-286, eff. 1-1-18 .)
| 19 | | (235 ILCS 5/9-13) (from Ch. 43, par. 176)
| 20 | | Sec. 9-13.
It is unlawful to sell alcoholic liquor at | 21 | | retail
or to grant or
issue, or cause to be granted or issued, | 22 | | any license to sell alcoholic
liquor at retail within the | 23 | | limits of any political subdivision or precinct
or at any | 24 | | premises
while the prohibition against such sales is in effect, | 25 | | or to sell at retail
alcoholic liquor other than beer |
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| 1 | | containing not more than 4% of alcohol by
weight, or to grant | 2 | | or issue or cause to be granted any license to sell
such | 3 | | alcoholic liquor at retail within the limits of such political
| 4 | | subdivision or precinct while the prohibition against such | 5 | | sales is in
effect, or to sell at retail alcoholic liquor | 6 | | containing more than 4% of
alcohol by weight except in the | 7 | | original package and not for consumption on
the premises, or to | 8 | | grant or issue or cause to be granted or issued any
license to | 9 | | sell such alcoholic liquor at retail within the limits of such
| 10 | | political subdivision or precinct while the prohibition | 11 | | against such sales
is in effect. If any such license be granted | 12 | | or issued in violation of this
section, the license shall be | 13 | | void. This section shall not prohibit the
issuance of and | 14 | | operation under a manufacturer's or distributor's or
importing | 15 | | distributor's license in accordance with law. This Section does | 16 | | not prohibit the retail sale of wine by a licensee under | 17 | | subsection (w) of Section 5-1.
| 18 | | (Source: P.A. 86-861.)
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