Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

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LIQUOR
(235 ILCS 5/) Liquor Control Act of 1934.

235 ILCS 5/6-28.8

    (235 ILCS 5/6-28.8)
    (Section scheduled to be repealed on August 1, 2028)
    Sec. 6-28.8. Delivery and carry out of mixed drinks permitted.
    (a) In this Section:
    "Cocktail" or "mixed drink" means any beverage obtained by combining ingredients alcoholic in nature, whether brewed, fermented, or distilled, with ingredients non-alcoholic in nature, such as fruit juice, lemonade, cream, or a carbonated beverage.
    "Original container" means, for the purposes of this Section only, a container that is (i) filled, sealed, and secured by a retail licensee's employee at the retail licensee's location with a tamper-evident lid or cap or (ii) filled and labeled by the manufacturer and secured by the manufacturer's original unbroken seal.
    "Sealed container" means a rigid container that contains a mixed drink or a single serving of wine, is new, has never been used, has a secured lid or cap designed to prevent consumption without removal of the lid or cap, and is tamper-evident. "Sealed container" includes a manufacturer's original container as defined in this subsection. "Sealed container" does not include a container with a lid with sipping holes or openings for straws or a container made of plastic, paper, or polystyrene foam.
    "Tamper-evident" means a lid or cap that has been sealed with tamper-evident covers, including, but not limited to, wax dip or heat shrink wrap.
    (b) A cocktail, mixed drink, or single serving of wine placed in a sealed container by a retail licensee at the retail licensee's location or a manufacturer's original container may be transferred and sold for off-premises consumption if the following requirements are met:
        (1) the cocktail, mixed drink, or single serving of
    
wine is transferred within the licensed premises, by a curbside pickup, or by delivery by an employee of the retail licensee who:
            (A) has been trained in accordance with Section
        
6-27.1 at the time of the sale;
            (B) is at least 21 years of age; and
            (C) upon delivery, verifies the age of the person
        
to whom the cocktail, mixed drink, or single serving of wine is being delivered;
        (2) if the employee delivering the cocktail, mixed
    
drink, or single serving of wine is not able to safely verify a person's age or level of intoxication upon delivery, the employee shall cancel the sale of alcohol and return the product to the retail license holder;
        (3) the sealed container is placed in the trunk of
    
the vehicle or if there is no trunk, in the vehicle's rear compartment that is not readily accessible to the passenger area;
        (4) except for a manufacturer's original container, a
    
container filled and sealed at a retail licensee's location shall be affixed with a label or tag that contains the following information:
            (A) the cocktail or mixed drink ingredients,
        
type, and name of the alcohol;
            (B) the name, license number, and address of the
        
retail licensee that filled the original container and sold the product;
            (C) the volume of the cocktail, mixed drink, or
        
single serving of wine in the sealed container; and
            (D) the sealed container was filled less than 7
        
days before the date of sale; and
        (5) a manufacturer's original container shall be
    
affixed with a label or tag that contains the name, license number, and address of the retail licensee that sold the product.
    (c) Third-party delivery services are not permitted to deliver cocktails and mixed drinks under this Section.
    (d) If there is an executive order of the Governor in effect during a disaster, the employee delivering the mixed drink, cocktail, or single serving of wine must comply with any requirements of that executive order, including, but not limited to, wearing gloves and a mask and maintaining distancing requirements when interacting with the public.
    (e) Delivery or carry out of a cocktail, mixed drink, or single serving of wine is prohibited if:
        (1) a third party delivers the cocktail or mixed
    
drink;
        (2) a container of a mixed drink, cocktail, or single
    
serving of wine is not tamper-evident and sealed;
        (3) a container of a mixed drink, cocktail, or single
    
serving of wine is transported in the passenger area of a vehicle;
        (4) a mixed drink, cocktail, or single serving of
    
wine is delivered by a person or to a person who is under the age of 21; or
        (5) the person delivering a mixed drink, cocktail, or
    
single serving of wine fails to verify the age of the person to whom the mixed drink or cocktail is being delivered.
    (f) Violations of this Section shall be subject to any applicable penalties, including, but not limited to, the penalties specified under Section 11-502 of the Illinois Vehicle Code.
    (f-5) This Section is not intended to prohibit or preempt the ability of a brew pub, tap room, or distilling pub to continue to temporarily deliver alcoholic liquor pursuant to guidance issued by the State Commission on March 19, 2020 entitled "Illinois Liquor Control Commission, COVID-19 Related Actions, Guidance on Temporary Delivery of Alcoholic Liquor". This Section shall only grant authorization to holders of State of Illinois retail liquor licenses but not to licensees that simultaneously hold any licensure or privilege to manufacture alcoholic liquors within or outside of the State of Illinois.
    (g) This Section is not a denial or limitation of home rule powers and functions under Section 6 of Article VII of the Illinois Constitution.
    (h) This Section is repealed on August 1, 2028.
(Source: P.A. 102-8, eff. 6-2-21; 103-4, eff. 5-31-23.)

235 ILCS 5/6-29

    (235 ILCS 5/6-29) (from Ch. 43, par. 144e)
    Sec. 6-29. Winery shipper's license.
    (a) The General Assembly declares that the following is the intent of this Section:
        (1) To authorize direct shipment of wine by an
    
out-of-state maker of wine on the same basis permitted an in-state maker of wine pursuant to the authority of the State under the provisions of Section 2 of the Twenty-First Amendment to the United States Constitution and in conformance with the United States Supreme Court decision decided on May 16, 2005 in Granholm v. Heald.
        (2) To reaffirm that the General Assembly's findings
    
and declarations that selling alcoholic liquor through various direct marketing means such as catalogs, newspapers, mailings, and the Internet directly to consumers of this State poses a serious threat to the State's efforts to further temperance and prevent youth from accessing alcoholic liquor and the expansion of youth access to additional types of alcoholic liquors.
        (3) To maintain the State's broad powers granted by
    
Section 2 of the Twenty-First Amendment to the United States Constitution to control the importation or sale of alcoholic liquor and its right to structure its alcoholic liquor distribution system.
        (4) To ensure that the General Assembly, by
    
authorizing limited direct shipment of wine to meet the directives of the United States Supreme Court, does not intend to impair or modify the State's distribution of wine through distributors or importing distributors, but only to permit limited shipment of wine for personal use.
        (5) To provide that, in the event that a court of
    
competent jurisdiction declares or finds that this Section, which is enacted to conform Illinois law to the United States Supreme Court decision, is invalid or unconstitutional, the Illinois General Assembly at its earliest general session shall conduct hearings and study methods to conform to any directive or order of the court consistent with the temperance and revenue collection purposes of this Act.
    (b) Notwithstanding any other provision of law, a wine shipper licensee may ship, for personal use and not for resale, not more than 12 cases of wine per year to any resident of this State who is 21 years of age or older.
    (b-3) Notwithstanding any other provision of law, sale and shipment by a winery shipper licensee pursuant to this Section shall be deemed to constitute a sale in this State.
    (b-5) The shipping container of any wine shipped under this Section shall be clearly labeled with the following words: "CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY MUST BE SHOWN BEFORE DELIVERY.". This warning must be prominently displayed on the packaging. A licensee shall require the transporter or common carrier that delivers the wine to obtain the signature of a person 21 years of age or older at the delivery address at the time of delivery. At the expense of the licensee, the licensee shall receive a delivery confirmation from the express company, common carrier, or contract carrier indicating the location of the delivery, time of delivery, and the name and signature of the individual 21 years of age or older who accepts delivery. The Commission shall design and create a label or approve a label that must be affixed to the shipping container by the licensee.
    (c) No broker within this State shall solicit consumers to engage in direct wine shipments under this Section.
    (d) It is not the intent of this Section to impair the distribution of wine through distributors or importing distributors, but only to permit shipments of wine for personal use.
(Source: P.A. 95-634, eff. 6-1-08.)

235 ILCS 5/6-29.1

    (235 ILCS 5/6-29.1)
    Sec. 6-29.1. Direct shipments of alcoholic liquor.
    (a) The General Assembly makes the following findings:
        (1) The General Assembly of Illinois, having reviewed
    
this Act in light of the United States Supreme Court's 2005 decision in Granholm v. Heald, has determined to conform that law to the constitutional principles enunciated by the Court in a manner that best preserves the temperance, revenue, and orderly distribution values of this Act.
        (2) Minimizing automobile crashes and fatalities,
    
domestic violence, health problems, loss of productivity, unemployment, and other social problems associated with dependency and improvident use of alcoholic beverages remains the policy of Illinois.
        (3) To the maximum extent constitutionally feasible,
    
Illinois desires to collect sufficient revenue from excise and use taxes on alcoholic beverages for the purpose of responding to such social problems.
        (4) Combined with family education and individual
    
discipline, retail validation of age, and assessment of the capacity of the consumer remains the best pre-sale social protection against the problems associated with the abuse of alcoholic liquor.
        (5) Therefore, the paramount purpose of this
    
amendatory Act is to continue to carefully limit direct shipment sales of wine produced by makers of wine and to continue to prohibit such direct shipment sales for spirits and beer.
    For these reasons, the Commission shall establish a system to notify the out-of-state trade of this prohibition and to detect violations. The Commission shall request the Attorney General to extradite any offender.
    (b) Pursuant to the Twenty-First Amendment of the United States Constitution allowing states to regulate the distribution and sale of alcoholic liquor and pursuant to the federal Webb-Kenyon Act declaring that alcoholic liquor shipped in interstate commerce must comply with state laws, the General Assembly hereby finds and declares that selling alcoholic liquor from a point outside this State through various direct marketing means, such as catalogs, newspapers, mailers, and the Internet, directly to residents of this State poses a serious threat to the State's efforts to prevent youths from accessing alcoholic liquor; to State revenue collections; and to the economy of this State.
    Any person manufacturing, distributing, or selling alcoholic liquor who knowingly ships or transports or causes the shipping or transportation of any alcoholic liquor from a point outside this State to a person in this State who does not hold a manufacturer's, distributor's, importing distributor's, or non-resident dealer's license issued by the Liquor Control Commission, other than a shipment of sacramental wine to a bona fide religious organization, a shipment authorized by Section 6-29, subparagraph (17) of Section 3-12, or any other shipment authorized by this Act, is in violation of this Act.
    The Commission, upon determining, after investigation, that a person has violated this Section, shall give notice to the person by certified mail to cease and desist all shipments of alcoholic liquor into this State and to withdraw from this State within 5 working days after receipt of the notice all shipments of alcoholic liquor then in transit. A person who violates the cease and desist notice is subject to the applicable penalties in subsection (a) of Section 10-1 of this Act.
(Source: P.A. 102-982, eff. 7-1-23.)

235 ILCS 5/6-30

    (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
    Sec. 6-30. Notwithstanding any other provision of this Act, the Illinois Gaming Board shall have exclusive authority to establish the hours for sale and consumption of alcoholic liquor on board a riverboat during riverboat gambling excursions and in a casino conducted in accordance with the Illinois Gambling Act.
(Source: P.A. 101-31, eff. 6-28-19.)

235 ILCS 5/6-31

    (235 ILCS 5/6-31)
    Sec. 6-31. Product sampling.
    (a) Retailer, distributor, importing distributor, manufacturer and nonresident dealer licensees may conduct product sampling for consumption at a licensed retail location. Up to 3 samples, consisting of no more than (i) 1/4 ounce of distilled spirits, (ii) one ounce of wine, or (iii) 2 ounces of beer may be served to a consumer in one day.
    (b) Notwithstanding the provisions of subsection (a), an on-premises retail licensee may offer for sale and serve more than one drink per person for sampling purposes. In any event, all provisions of Section 6-28 shall apply to an on-premises retail licensee that conducts product sampling.
    (c) A craft distiller tasting permit licensee may conduct product sampling of distilled spirits for consumption at the location specified in the craft distiller tasting permit license. Up to 3 samples, consisting of no more than 1/4 ounce of distilled spirits, may be served to a consumer in one day.
(Source: P.A. 99-46, eff. 7-15-15; 99-902, eff. 8-26-16.)

235 ILCS 5/6-32

    (235 ILCS 5/6-32)
    Sec. 6-32. Safety provisions.
    (a) A retailers on premise consumption licensee may not permit the use of any pyrotechnic device within its licensed premises without the prior authorization of the Illinois State Fire Marshal. A retailers on premise consumption licensee, or any agent or employee of that licensee, may not use mace, pepper spray, or any other toxic air-released compound within its licensed premises. Violation of this subsection (a) by any licensee or any employee or agent of a licensee is a Class 4 felony.
    (b) No person may impede any person who is attempting to exit the premises of a retailers on premise consumption licensee due to an emergency that constitutes a threat to the health or safety of persons within the licensed premises. For the purpose of this Section, the term "impede a person who is attempting to exit" includes physically restraining the person or blocking or locking an exit while the licensed premises is open to the public. Violation of this subsection (b) is a Class 4 felony.
    (c) A retailers on premise consumption licensee with an authorized capacity (i) of at least 250 persons, (ii) set by the State Fire Marshal, or (iii) set by local ordinance, whichever is lowest, must place a panic bar on each exit of its licensed premises. A retailers on premise consumption licensee with an authorized capacity of at least 500 persons that conducts live entertainment within its licensed premises must, before the commencement of the live entertainment, make an announcement to the patrons of the licensed premises that generally informs those patrons of the locations of exits and fire escapes at the licensed premises.
(Source: P.A. 93-551, eff. 8-19-03.)

235 ILCS 5/6-33

    (235 ILCS 5/6-33)
    Sec. 6-33. Sealing and removal of open wine bottles from a restaurant or winery. Notwithstanding any other provision of this Act, a restaurant licensed to sell alcoholic liquor in this State may permit a patron to remove one unsealed and partially consumed bottle of wine for off-premise consumption provided that the patron has purchased a meal and consumed a portion of the bottle of wine with the meal on the restaurant premises. Notwithstanding any other provision of this Act, a winery licensed to sell alcoholic liquor in this State may permit a patron to remove one unsealed and partially consumed bottle of wine for off-premise consumption. A partially consumed bottle of wine that is to be removed from the premises pursuant to this Section shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises and placed in a transparent one-time use tamper-proof bag. The licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron. Wine that is resealed in accordance with the provisions of this Section and not tampered with and transported in accordance with the restrictions of subsections (a) and (b) of Section 11-502 of the Illinois Vehicle Code shall not be deemed to violate Section 11-502 of the Illinois Vehicle Code.
(Source: P.A. 98-145, eff. 1-1-14.)

235 ILCS 5/6-34

    (235 ILCS 5/6-34)
    Sec. 6-34. Alcohol without liquid machines.
    (a) No person shall bring into this State for use or sale any alcohol without liquid machine.
    (b) For the purposes of this Section, "alcohol without liquid machine" means a device designed or marketed for the purposes of mixing alcohol with oxygen or another gas to produce a mist for inhalation for recreational purposes.
(Source: P.A. 94-745, eff. 5-8-06; 95-331, eff. 8-21-07.)

235 ILCS 5/6-34.5

    (235 ILCS 5/6-34.5)
    Sec. 6-34.5. Powdered alcohol.
    (a) For the purposes of this Section, "powdered alcohol" means any powder or crystalline substance containing alcohol, as defined in Section 1-3.01 of this Act, produced for human consumption.
    (b) No person shall sell, offer for sale, or deliver, receive, or purchase for resale in this State any product consisting of or containing powdered alcohol.
    (c) Any person who knowingly violates this Section is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
(Source: P.A. 99-51, eff. 1-1-16.)

235 ILCS 5/6-35

    (235 ILCS 5/6-35)
    Sec. 6-35. Alcopops.
    (a) For purposes of this Section, "alcopop" means a flavored alcoholic beverage or flavored malt beverage that includes (i) a malt beverage containing a malt base or beer and added natural or artificial blending material, such as fruit juices, flavors, flavorings, colorings, or preservatives where such blending material constitutes .5% or more of the alcohol by volume contained in the finished beverage; (ii) a beverage containing wine and more than 15% added natural or artificial blending material, such as fruit juices, flavors, flavorings, or adjuncts, water (plain, carbonated, or sparkling), colorings, or preservatives; (iii) a beverage containing distilled alcohol and added natural or artificial blending material, such as fruit juices, flavors, flavorings, colorings, or preservatives; or (iv) an alcohol malt beverage containing caffeine, guarana, taurine, or ginseng, where the beverage constitutes 0.5% or more of alcohol by volume.
    (b) No entity may advertise, promote, or market any alcopop beverages toward children. Advertise, promote, or market includes, but is not limited to the following:
        (1) the use of cartoons and youth-orientated photos
    
in advertising, promotion, packaging, or labeling of alcohol products;
        (2) sponsorships of athletic events where the
    
intended audience is primarily children;
        (3) billboards advertising alcopops, as defined in
    
items (i), (ii), and (iii) of subsection (a) of this Section, placed within 500 feet of schools, public parks, amusement parks, and places of worship; and
        (4) the display of any alcopop beverage in any
    
videogame, theater production, or other live performances where the intended audience is primarily children.
    (c) No entity shall sell for consumption an alcohol malt beverage containing caffeine, guarana, taurine, or ginseng, where the beverage constitutes 0.5% or more of alcohol by volume, unless individual containers of the beverage have imprinted on each individual container the following:
        (1) the words "contains alcohol"; and
        (2) the alcohol content of the beverage.
    (d) Any person who violates this Section is guilty of a business offense and shall be fined $500 for a first offense and $1,000 for a second or subsequent offense.
    (e) Nothing in this Section shall be construed to be inconsistent with any other provision of this Section or any other State or federal laws, rules, or regulations regarding the labeling of alcoholic beverages.
(Source: P.A. 95-618, eff. 6-1-08; 95-860, eff. 1-1-09.)

235 ILCS 5/6-36

    (235 ILCS 5/6-36)
    Sec. 6-36. Homemade brewed beverages.
    (a) No license or permit is required under this Act for the making of homemade brewed beverages or for the possession, transportation, or storage of homemade brewed beverages by any person 21 years of age or older, if all of the following apply:
        (1) the person who makes the homemade brewed
    
beverages receives no compensation;
        (2) the homemade brewed beverages are not sold or
    
offered for sale; and
        (3) the total quantity of homemade brewed beverages
    
made, in a calendar year, by the person does not exceed 100 gallons if the household has only one person 21 years of age or older or 200 gallons if the household has 2 or more persons 21 years of age or older.
    (b) A person who makes, possesses, transports, or stores homemade brewed beverages in compliance with the limitations specified in subsection (a) is not a brewer, class 1 brewer, class 2 brewer, wholesaler, retailer, or a manufacturer of beer for the purposes of this Act.
    (c) Homemade brewed beverages made in compliance with the limitations specified in subsection (a) may be consumed by the person who made it and his or her family, neighbors, and friends at any private residence or other private location where the possession and consumption of alcohol are permissible under this Act, local ordinances, and other applicable law, provided that the homemade brewed beverages are not made available for consumption by the general public.
    (d) Homemade brewed beverages made in compliance with the limitations specified in subsection (a) may be used for purposes of a public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by Section 6-31, if the event is held at a private residence or at a location other than a retail licensed premises. If the public event is not held at a private residence, the event organizer shall obtain a homebrewer special event permit for each location, and is subject to the provisions in subsection (a) of Section 6-21. Homemade brewed beverages used for purposes described in this subsection (d), including the submission or consumption of the homemade brewed beverages, are not considered sold or offered for sale under this Act. A public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by Section 6-31 held by a licensee on a location other than a retail licensed premises may require an admission charge to the event, but no separate or additional fee may be charged for the consumption of a person's homemade brewed beverages at the public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by Section 6-31. Event admission charges that are collected may be partially used to provide prizes to makers of homemade brewed beverages, but the admission charges may not be divided in any fashion among the makers of the homemade brewed beverages who participate in the event. Homemade brewed beverages used for purposes described in this subsection (d) are not considered sold or offered for sale under this Act if a maker of homemade brewed beverages receives free event admission or discounted event admission in return for the maker's donation of the homemade brewed beverages to an event specified in this subsection (d) that collects event admission charges; free admission or discounted admission to the event is not considered compensation under this Act. No admission fee and no charge for the consumption of a person's homemade brewed beverage may be collected if the public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by Section 6-31 is held at a private residence.
    (e) A person who is not a licensee under this Act may at a private residence, and a person who is a licensee under this Act may on the licensed premises, conduct, sponsor, or host a contest, competition, or other event for the exhibition, demonstration, judging, tasting, or sampling of homemade brewed beverages made in compliance with the limitations specified in subsection (a), if the person does not sell the homemade brewed beverages and, unless the person is the brewer of the homemade brewed beverages, does not acquire any ownership interest in the homemade brewed beverages. If the contest, competition, exhibition, demonstration, or judging is not held at a private residence, the consumption of the homemade brewed beverages is limited to qualified judges and stewards as defined by a national or international beer judging program, who are identified by the event organizer in advance of the contest, competition, exhibition, demonstration, or judging. Homemade brewed beverages used for the purposes described in this subsection (e), including the submission or consumption of the homemade brewed beverages, are not considered sold or offered for sale under this Act and any prize awarded at a contest or competition or as a result of an exhibition, demonstration, or judging is not considered compensation under this Act. An exhibition, demonstration, judging, contest, or competition held by a licensee on a licensed premises may require an admission charge to the event, but no separate or additional fee may be charged for the consumption of a person's homemade brewed beverage at the exhibition, demonstration, judging, contest, or competition. A portion of event admission charges that are collected may be used to provide prizes to makers of homemade brewed beverages, but the admission charges may not be divided in any fashion among the makers of the homemade brewed beverages who participate in the event. Homemade brewed beverages used for purposes described in this subsection (e) are not considered sold or offered for sale under this Act if a maker of homemade brewed beverages receives free event admission or discounted event admission in return for the maker's donation of the homemade brewed beverages to an event specified in this subsection (e) that collects event admission charges; free admission or discounted admission to the event is not considered compensation under this Act. No admission fee and no charge for the consumption of a person's homemade brewed beverage may be charged if the exhibition, demonstration, judging, contest, or competition is held at a private residence. The fact that a person is acting in a manner authorized by this Section is not, by itself, sufficient to constitute a public nuisance under Section 10-7 of this Act. If the contest, competition, or other event is held on licensed premises, the licensee may allow the homemade brewed beverages to be stored on the premises if the homemade brewed beverages are clearly identified and kept separate from any alcohol beverages owned by the licensee. If the contest, competition, or other event is held on licensed premises, other provisions of this Act not inconsistent with this Section apply.
    (f) A commercial enterprise engaged primarily in selling supplies and equipment to the public for use by homebrewers may manufacture homemade brewed beverages for the purpose of tasting the homemade brewed beverages at the location of the commercial enterprise, provided that the homemade brewed beverages are not sold or offered for sale. Homemade brewed beverages provided at a commercial enterprise for tasting under this subsection (f) shall be in compliance with Sections 6-16, 6-21, and 6-31 of this Act. A commercial enterprise engaged solely in selling supplies and equipment for use by homebrewers shall not be required to secure a license under this Act, however, such commercial enterprise shall secure liquor liability insurance coverage in an amount at least equal to the maximum liability amounts set forth in subsection (a) of Section 6-21 of this Act.
    (g) Homemade brewed beverages are not subject to Section 8-1 of this Act.
(Source: P.A. 98-55, eff. 7-5-13; 99-78, eff. 7-20-15; 99-448, eff. 8-24-15.)

235 ILCS 5/6-37

    (235 ILCS 5/6-37)
    Sec. 6-37. (Repealed).
(Source: P.A. 102-813, eff. 5-13-22. Repealed internally, eff. 7-11-21.)

235 ILCS 5/6-37.5

    (235 ILCS 5/6-37.5)
    Sec. 6-37.5. 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 prior permission from the State Commission; however, if the same retailer owns more than one licensed retail location, an off-premise retailer may transfer up to 3% of its average monthly purchases by volume and an on-premise retailer may transfer up to 5% of its average monthly purchases by volume of original package of wine or spirits from one or more of such retailer's licensed locations to another of that retailer's licensed locations each month without prior permission from the State Commission, subject to the following conditions:
        (1) notice is provided to the distributor
    
responsible for the geographic area of the brand, size, and quantity of the wine or spirits to be transferred within the geographic area; and
        (2) the transfer is made by common carrier, a
    
licensed distributor's or importing distributor's vehicle, or a vehicle owned and operated by the licensee.
    (b) 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
    
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;
        (2) the brand, size, and quantity of the wine or
    
spirits to be transferred; and
        (3) the date the transfer is made.
    (c) 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.
    (d) A transfer authorized by this Section shall not be deemed a sale.
    (e) A retailer that is delinquent in payment pursuant to Section 6-5 shall be prohibited from transferring wine or spirits to a commonly owned retailer pursuant to this Section until the indebtedness is cured.
    (f) As used in this Section:
    "Average monthly purchases" is calculated using a 12-month rolling average of the total volume purchased over the 12 most recent months previous to the month in which the transfer is made and dividing that total by 12.
    "Month" means a calendar month.
(Source: P.A. 102-442, eff. 8-20-21; 102-813, eff. 5-13-22.)

235 ILCS 5/6-38

    (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);
        (2) federal, State, or local law or ordinance change;
        (3) bankruptcy;
        (4) permanent or temporary closure of one or more of
    
the retail licensee's locations;
        (5) the retail licensee obtains an additional liquor
    
license for a new location;
        (6) a retail licensee purchases another retail
    
licensee's location;
        (7) a new licensee opens a business at the same
    
location where the prior licensee conducted business, when the new licensee takes possession of the inventory of the immediately prior license; or
        (8) other unforeseeable circumstances beyond the
    
control of the licensee, such as circumstances:
            (A) the licensee cannot reasonably take
        
precautions to prevent; and
            (B) in which the only reasonable method of
        
disposing of the alcoholic liquor products would be a transfer to another licensee or location.
    (b) The transfer shall be made by:
        (1) common carrier;
        (2) a licensed distributor's or importing
    
distributor's vehicle; or
        (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
    
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;
        (2) the brand, size, and quantity of the wine or
    
spirits to be transferred; and
        (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.)

235 ILCS 5/6-39

    (235 ILCS 5/6-39)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 6-39. Opioid antagonists on premises.
    (a) In this Section, "music venue" means an indoor or outdoor location with a capacity of more than 1,000 persons used as a space to hold a live concert or musical performance for which tickets are purchased for admission to benefit a for-profit entity.
    (b) If a licensee operates as a music venue, the licensee shall ensure that, during its hours of operation as a music venue, it or the music venue operator has opioid antagonists available at the premises and that there is a staff member on the premises who has been sufficiently trained on how to properly administer an opioid antagonist. A person who has been certified in the administration of opioid antagonists by a governmental or private entity, regardless of when the person received that certification, is deemed to be sufficiently trained under this Section.
    (c) A licensee or music venue operator and a person who is sufficiently trained and in good faith administers or provides an opioid antagonist in accordance with this Section, shall not, as a result of the person's acts or omissions, except willful or wanton misconduct on the part of the person, in administering or providing the opioid antagonist, be liable for civil damages.
(Source: P.A. 103-20, eff. 6-1-24.)

235 ILCS 5/Art. VII

 
    (235 ILCS 5/Art. VII heading)
ARTICLE VII. LICENSES

235 ILCS 5/7-1

    (235 ILCS 5/7-1) (from Ch. 43, par. 145)
    Sec. 7-1. An applicant for a retail license from the State Commission shall submit to the State Commission an application in writing under oath stating:
        (1) The applicant's name and mailing address;
        (2) The name and address of the applicant's business;
        (3) If applicable, the date of the filing of the
    
"assumed name" of the business with the County Clerk;
        (4) In case of a copartnership, the date of the
    
formation of the partnership; in the case of an Illinois corporation, the date of its incorporation; or in the case of a foreign corporation, the State where it was incorporated and the date of its becoming qualified under the Business Corporation Act of 1983 to transact business in the State of Illinois;
        (5) The number, the date of issuance and the date of
    
expiration of the applicant's current local retail liquor license;
        (6) The name of the city, village, or county that
    
issued the local retail liquor license;
        (7) The name and address of the landlord if the
    
premises are leased;
        (8) The date of the applicant's first request for a
    
State liquor license and whether it was granted, denied or withdrawn;
        (9) The address of the applicant when the first
    
application for a State liquor license was made;
        (10) The applicant's current State liquor license
    
number;
        (11) The date the applicant began liquor sales at his
    
place of business;
        (12) The address of the applicant's warehouse if he
    
warehouses liquor;
        (13) The applicant's Retailers' Occupation Tax (ROT)
    
Registration Number;
        (14) The applicant's document locator number on his
    
Federal Special Tax Stamp;
        (15) Whether the applicant is delinquent in the
    
payment of the Retailers' Occupation Tax (Sales Tax), and if so, the reasons therefor;
        (16) Whether the applicant is delinquent under the
    
cash beer law, and if so, the reasons therefor;
        (17) In the case of a retailer, whether he is
    
delinquent under the 30-day credit law, and if so, the reasons therefor;
        (18) In the case of a distributor, whether he is
    
delinquent under the 15-day credit law, and if so, the reasons therefor;
        (19) Whether the applicant has made an application
    
for a liquor license which has been denied, and if so, the reasons therefor;
        (20) Whether the applicant has ever had any previous
    
liquor license suspended or revoked, and if so, the reasons therefor;
        (21) Whether the applicant has ever been convicted of
    
a gambling offense or felony, and if so, the particulars thereof;
        (22) Whether the applicant possesses a current
    
Federal Wagering Stamp, and if so, the reasons therefor;
        (23) Whether the applicant, or any other person,
    
directly in his place of business is a public official, and if so, the particulars thereof;
        (24) The applicant's name, sex, date of birth, social
    
security number, position and percentage of ownership in the business; and the name, sex, date of birth, social security number, position and percentage of ownership in the business of every sole owner, partner, corporate officer, director, manager and any person who owns 5% or more of the shares of the applicant business entity or parent corporations of the applicant business entity; and
        (25) That he has not received or borrowed money or
    
anything else of value, and that he will not receive or borrow money or anything else of value (other than merchandising credit in the ordinary course of business for a period not to exceed 90 days as herein expressly permitted under Section 6-5 hereof), directly or indirectly, from any manufacturer, importing distributor or distributor or from any representative of any such manufacturer, importing distributor or distributor, nor be a party in any way, directly or indirectly, to any violation by a manufacturer, distributor or importing distributor of Section 6-6 of this Act.
    In addition to any other requirement of this Section, an applicant for a special use permit license and a special event retailer's license shall also submit (A) proof satisfactory to the Commission that the applicant has a resale number issued under Section 2c of the Retailers' Occupation Tax Act or that the applicant is registered under Section 2a of the Retailers' Occupation Tax Act, (B) proof satisfactory to the Commission that the applicant has a current, valid exemption identification number issued under Section 1g of the Retailers' Occupation Tax Act and a certification to the Commission that the purchase of alcoholic liquors will be a tax-exempt purchase, or (C) a statement that the applicant is not registered under Section 2a of the Retailers' Occupation Tax Act, does not hold a resale number under Section 2c of the Retailers' Occupation Tax Act, and does not hold an exemption number under Section 1g of the Retailers' Occupation Tax Act. The applicant shall also submit proof of adequate dram shop insurance for the special event prior to being issued a license.
    In addition to the foregoing information, such application shall contain such other and further information as the State Commission and the local commission may, by rule or regulation not inconsistent with law, prescribe.
    If the applicant reports a felony conviction as required under paragraph (21) of this Section, such conviction may be considered by the Commission in accordance with Section 6-2.5 of this Act in determining qualifications for licensing, but shall not operate as a bar to licensing.
    If said application is made in behalf of a partnership, firm, association, club or corporation, then the same shall be signed by one member of such partnership or the president or secretary of such corporation or an authorized agent of said partnership or corporation.
    All other applications shall be on forms prescribed by the State Commission, and which may exclude any of the above requirements which the State Commission rules to be inapplicable.
(Source: P.A. 100-286, eff. 1-1-18.)