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(235 ILCS 5/6-38) Sec. 6-38. One-time inventory transfer of wine or spirits by a retail licensee with multiple licenses. (a) No original package of wine or spirits may be transferred from one retail licensee to any other retail licensee without permission from the State Commission pursuant to 11 Ill. Adm. Code 100.250; however, if the same retailer owns more than one licensed retail location, the retailer may transfer inventory of original packages of wine or spirits from one or more of such retailer's licensed locations to another of that retailer's licensed locations without prior permission from the State Commission, under the following circumstances: (1) acts of god (such as, but not limited to, |
| pandemics, fires, explosions, tornadoes, earthquakes, drought, and floods);
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(2) federal, State, or local law or ordinance change;
(3) bankruptcy;
(4) permanent or temporary closure of one or more of
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| the retail licensee's locations;
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(5) the retail licensee obtains an additional liquor
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| license for a new location;
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(6) a retail licensee purchases another retail
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(7) a new licensee opens a business at the same
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| location where the prior licensee conducted business, when the new licensee takes possession of the inventory of the immediately prior license; or
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(8) other unforeseeable circumstances beyond the
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| control of the licensee, such as circumstances:
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(A) the licensee cannot reasonably take
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| precautions to prevent; and
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(B) in which the only reasonable method of
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| disposing of the alcoholic liquor products would be a transfer to another licensee or location.
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(b) The transfer shall be made by:
(1) common carrier;
(2) a licensed distributor's or importing
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| distributor's vehicle; or
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(3) a vehicle owned and operated by the licensee.
(c) All transfers must be properly documented on a form provided by the State Commission that includes the following information:
(1) the license number of the retail licensee's
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| location from which the transfer is to be made and the license number of the retail licensee's location to which the transfer is to be made;
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(2) the brand, size, and quantity of the wine or
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| spirits to be transferred; and
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(3) the date the transfer is made.
(d) A retail licensee location that transfers or receives an original package of wine or spirits as authorized by this Section shall not be deemed to be engaged in business as a wholesaler or distributor based upon the transfer authorized by this Section.
(e) A transfer authorized by this Section shall not be deemed a sale.
(Source: P.A. 102-442, eff. 8-20-21; 103-154, eff. 6-30-23.)
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