(235 ILCS 5/Art. I heading) ARTICLE I.
CONSTRUCTION
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(235 ILCS 5/1-1) (from Ch. 43, par. 93.9)
Sec. 1-1.
This Act may be cited as the Liquor Control Act of 1934.
(Source: P.A. 86-1475.)
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(235 ILCS 5/1-2) (from Ch. 43, par. 94)
Sec. 1-2.
This Act shall be liberally construed, to the end
that the health,
safety, and welfare of the People of the State of Illinois shall be
protected and temperance in the consumption of alcoholic liquors shall be
fostered and promoted by sound and careful control and regulation of the
manufacture, sale, and distribution of alcoholic liquors. The State Commission may not enforce any trade practice policy or other rule that was not adopted in accordance with the Illinois Administrative Procedure Act.
(Source: P.A. 99-46, eff. 7-15-15.)
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(235 ILCS 5/1-3) (from Ch. 43, par. 95)
Sec. 1-3.
Unless the context otherwise requires, words and phrases are used
in this Act in the sense given them in the Sections following this
Section and preceding Section 2-1.
(Source: P.A. 91-357, eff. 7-29-99.)
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(235 ILCS 5/1-3.01) (from Ch. 43, par. 95.01)
Sec. 1-3.01.
"Alcohol" means the product of distillation of any fermented
liquid, whether rectified or diluted, whatever may be the origin thereof,
and includes synthetic ethyl alcohol. It does not include denatured alcohol
or wood alcohol.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.02) (from Ch. 43, par. 95.02)
Sec. 1-3.02.
"Spirits" means any beverage which contains alcohol
obtained by
distillation, mixed with water or other substance in solution, and includes
brandy, rum, whiskey, gin, or other spirituous liquors, and such liquors
when rectified, blended or otherwise mixed with alcohol or other
substances.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.03) (from Ch. 43, par. 95.03)
Sec. 1-3.03.
"Wine" means any alcoholic beverage obtained
by the fermentation
of the natural contents of fruits, vegetables, or honey, containing sugar,
including mead and such beverages when fortified by the addition of alcohol or
spirits, as above defined.
(Source: P.A. 102-442, eff. 8-20-21.)
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(235 ILCS 5/1-3.04) (from Ch. 43, par. 95.04)
Sec. 1-3.04.
"Beer" means a beverage obtained by the alcoholic fermentation of
an infusion or concoction of barley, or other grain, malt, and hops in
water, and includes, among other things, beer, ale, stout, lager beer,
porter and the like.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.05) (from Ch. 43, par. 95.05)
Sec. 1-3.05.
"Alcoholic liquor" includes alcohol, spirits, wine and beer, and
every liquid or solid, patented or not, containing alcohol, spirits, wine
or beer, and capable of being consumed as a beverage by a human being. The
provisions of this Act shall not apply to alcohol used in the manufacture
of denatured alcohol produced in accordance with Acts of Congress and
regulations promulgated thereunder, nor to any liquid or solid containing
one-half of one per cent, or less, of alcohol by volume. No tax provided
for in Article VIII of this Act shall apply to wine intended for use and
used by any church or religious organization for sacramental purposes,
provided that such wine shall be purchased from a licensed manufacturer or
importing distributor under this Act.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.06) (from Ch. 43, par. 95.06)
Sec. 1-3.06.
"Original package" means any bottle, flask, jug, can, cask,
barrel, keg, hogshead or other receptacle or container, whatsoever, used,
corked or capped, sealed and labeled by the manufacturer of alcoholic
liquor, to contain and to convey any alcoholic liquor.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.07) (from Ch. 43, par. 95.07)
Sec. 1-3.07.
"Distiller" means a person who distills, ferments, brews, makes,
mixes, concocts, processes, blends, bottles or fills an original package
with any alcoholic liquor.
The above definition for a distiller includes a manufacturer of wine,
but does not include a manufacturer of beer or bottler of wine.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.08) (from Ch. 43, par. 95.08)
Sec. 1-3.08.
"Manufacturer" means every brewer, fermenter, distiller,
rectifier, wine maker, blender, processor, bottler or person who fills or
refills an original package, whether for himself or for another, and others
engaged in brewing, fermenting, distilling, rectifying or bottling
alcoholic liquors as above defined.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.09) (from Ch. 43, par. 95.09)
Sec. 1-3.09.
"Brewer" means a person who is engaged in the manufacture of
beer.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.10) (from Ch. 43, par. 95.10)
Sec. 1-3.10.
"Non-beverage user" means every manufacturer of any of the
products set forth and described in subsection (a) of Section 8-1 of
this Act, when the same contains alcoholic liquor, and all
laboratories and hospitals and sanatoria using alcoholic liquor for
non-beverage purposes.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.11) (from Ch. 43, par. 95.11)
Sec. 1-3.11.
"Wine-manufacturer" means a person who is engaged in the
manufacture of wine.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.12) (from Ch. 43, par. 95.12)
Sec. 1-3.12.
"Wine-maker" means a person engaged in the
making of less than 50,000 gallons of wine annually other than a person
issued a
Second Class wine-maker's license.
(Source: P.A. 92-378, eff. 8-16-01.)
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(235 ILCS 5/1-3.13) (from Ch. 43, par. 95.13)
Sec. 1-3.13.
"Manufacture" means to distill, rectify, ferment, brew,
make, mix, concoct, process, blend, bottle or fill an original package
with an alcoholic liquor, whether for oneself or for another, and
includes blending but does not include the mixing or other preparation
of drinks for serving by those persons authorized and permitted in this
Act to serve drinks for consumption on the premises where sold. All
containers or packages of blended alcoholic liquors shall have affixed
thereto a label setting forth and stating clearly the names of all
ingredients which the blended alcoholic liquors offered for sale shall
contain.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.14) (from Ch. 43, par. 95.14)
Sec. 1-3.14.
"Rectifier," means any person who rectifies,
ferments, brews,
makes, mixes, concocts, processes, blends, bottles or fills an original
package with any alcoholic liquor, other than by original or continuous
distillation.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.15) (from Ch. 43, par. 95.15)
Sec. 1-3.15.
"Distributor" means any person, other than a manufacturer
or non-resident dealer licensed under this Act, who is engaged in this
State in purchasing,
storing, possessing or warehousing any alcoholic liquors for resale or
reselling at wholesale, whether within or without this State.
(Source: P.A. 83-1254.)
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(235 ILCS 5/1-3.16) (from Ch. 43, par. 95.16)
Sec. 1-3.16.
"Importing distributor" means any person other than a
non-resident dealer licensed under this Act who
imports into this
State, from any point in the United States outside this State, whether for
himself or for another, any alcoholic liquors for sale or resale, or for
use in the manufacture, preparation or compounding of products other than
alcoholic liquors, or who imports into this State, from any point in the
United States outside this State, for consumption in any one calendar year,
more than one gallon of such liquors.
(Source: P.A. 83-1254.)
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(235 ILCS 5/1-3.17) (from Ch. 43, par. 95.17)
Sec. 1-3.17.
"Retailer" means a person who sells, or offers for sale,
alcoholic liquor for use or consumption and not for resale in any form.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.17.1) (from Ch. 43, par. 95.17.1)
Sec. 1-3.17.1.
"Special event retailer" means an educational,
fraternal, political, civic, religious, or non-profit organization which
sells or offers for sale beer, spirits, or wine, or any combination thereof, only for consumption at the
location and on the dates designated by a special event retail license.
(Source: P.A. 100-17, eff. 6-30-17.)
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(235 ILCS 5/1-3.18) (from Ch. 43, par. 95.18)
Sec. 1-3.18.
"Sell at retail" and "sale at retail" refer
to and mean sales for
use or consumption and not for resale in any form.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.19) (from Ch. 43, par. 95.19)
Sec. 1-3.19.
"State Commission" means the Illinois Liquor
Control Commission.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.20) (from Ch. 43, par. 95.20)
Sec. 1-3.20.
"Department" means the Department of Revenue.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.21) (from Ch. 43, par. 95.21)
Sec. 1-3.21.
"Sale" means any transfer, exchange or barter
in any manner, or
by any means whatsoever, including the transfer of alcoholic liquors by and
through the transfer or negotiation of warehouse receipts or certificates,
and includes and means all sales made by any person, whether principal,
proprietor, agent, servant or employee. The term "sale" includes any
transfer of alcoholic liquor from a foreign importer's license to an
importing distributor's license even if both licenses are held by the same
person.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.22) (from Ch. 43, par. 95.22)
Sec. 1-3.22.
"To sell" includes to keep or expose for sale
and to keep with
intent to sell.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.23) (from Ch. 43, par. 95.23)
Sec. 1-3.23.
"Restaurant" means any public place kept, used, maintained,
advertised and held out to the public as a place where meals are served,
and where meals are actually and regularly served, without sleeping
accommodations, such space being provided with adequate and sanitary
kitchen and dining room equipment and capacity and having employed therein
a sufficient number and kind of employees to prepare, cook and serve
suitable food for its guests.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.24) (from Ch. 43, par. 95.24)
Sec. 1-3.24.
"Club" means a corporation organized under the laws of this
State, not for pecuniary profit, solely for the promotion of some common
object other than the sale or consumption of alcoholic liquors, kept, used
and maintained by its members through the payment of annual dues, and
owning, hiring or leasing a building or space in a building, of such extent
and character as may be suitable and adequate for the reasonable and
comfortable use and accommodation of its members and their guests and
provided with suitable and adequate kitchen and dining room space and
equipment and maintaining a sufficient number of servants and employees for
cooking, preparing and serving food and meals for its members and their
guests; provided, that such club files with the local liquor control
commissioner at the time of its application for a license under this Act
two copies of a list of names and residences of its members, and similarly
files within 10 days of the election of any additional member his or her
name and address; and, provided further, that its affairs and management
are conducted by a board of directors, executive committee, or similar body
chosen by the members at their annual meeting and that no member or any
officer, agent, or employee of the club is paid, or directly or indirectly
receives, in the form of salary or other compensation any profits from the
distribution or sale of alcoholic liquor to the club or the members of the
club or its guests introduced by members beyond the amount of such salary
as may be fixed and voted at any annual meeting by the members or by its
board of directors or other governing body out of the general revenue of
the club.
(Source: P.A. 84-551.)
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(235 ILCS 5/1-3.25) (from Ch. 43, par. 95.25)
Sec. 1-3.25.
"Hotel" means every building or other structure kept, used,
maintained, advertised and held out to the public to be a place where food
is actually served and consumed and sleeping accommodations are offered for
adequate pay to travelers and guests, whether transient, permanent or
residential, in which twenty-five (25) or more rooms are used for the
sleeping accommodations of such guests and having one or more public dining
rooms where meals are served to such guests, such sleeping accommodations
and dining rooms being conducted in the same building or buildings in
connection therewith and such building or buildings, structure or
structures being provided with adequate and sanitary kitchen and dining
room equipment and capacity. All public dining rooms, banquet rooms, meeting rooms, room service areas, mini-bars, and other locations within or adjacent to a hotel in which alcoholic liquors are stored, offered for sale, or sold at retail shall be considered part of the hotel's licensed premises if those locations within or adjacent to the hotel are owned and managed by the hotel operator. As part of the hotel's licensed premises, each and all of those locations within or adjacent to the hotel shall be maintained and managed pursuant to a single retailer's license issued by the State Commission to the hotel operator, regardless of the number of local retailer licenses mandated by the local unit of government having jurisdiction over the hotel. Public dining rooms and other locations within or adjacent to a hotel that are owned or managed by a person other than the hotel operator and are licensed by the local unit of government having jurisdiction over the hotel to a person other than the hotel operator are not considered part of the hotel's licensed premises for purposes of this Act and, as such, must be maintained and operated under separate retailer's licenses.
(Source: P.A. 99-46, eff. 7-15-15.)
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(235 ILCS 5/1-3.26) (from Ch. 43, par. 95.26)
Sec. 1-3.26.
(Repealed).
(Source: P.A. 82-783. Repealed by P.A. 89-250, eff. 1-1-96.)
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(235 ILCS 5/1-3.27) (from Ch. 43, par. 95.27)
Sec. 1-3.27.
"Foreign importer" means anyone other than a non-resident
dealer licensed under this Act who imports
into this State,
from any point outside the United States, any alcoholic liquors other than
in bulk for sale to a licensed importing distributor.
(Source: P.A. 83-1254.)
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(235 ILCS 5/1-3.28) (from Ch. 43, par. 95.28)
Sec. 1-3.28.
"Broker" means (i) a person who solicits orders for or
offers to sell or supply alcoholic liquors to retailers for a fee or
commission, for or on behalf of a person authorized to manufacture or sell at
wholesale alcoholic liquors within or without the State or (ii)
a person within this State, other than a retail licensee,
who, for a fee or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for
resale, to be shipped from this State and delivered to residents outside of
this State
by an express company, common carrier, or contract carrier.
This Section does not apply to any person who promotes, solicits, or accepts
orders for wine as specifically authorized in Section 6-29 of this Act.
(Source: P.A. 90-739, eff. 8-13-98.)
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(235 ILCS 5/1-3.29) (from Ch. 43, par. 95.29)
Sec. 1-3.29.
"Non-resident dealer" means any person, firm, partnership,
corporation or other legal business entity who or which exports into this
State, from any point outside of this State, any alcoholic liquors for sale
to Illinois licensed foreign importers or importing distributors. Such
license shall be restricted to the actual manufacturer of such alcoholic
liquors or the primary United States importer of such alcoholic liquors,
if manufactured outside of the United States, or the duly registered agent
of such manufacturer or importer. Registration of such agent with the State
Commission, in such manner and form as it may prescribe, shall be a prerequisite
to the issuance of such license to an agent.
Any licensed Illinois manufacturer of Class 1, Class 2, or Class 3 may
obtain a Non-Resident Dealer's License at no fee. A manufacturer whose
production of alcoholic liquor is less than 500,000 gallons per year may
obtain a Non-Resident Dealer's License for an annual fee of $75.
(Source: P.A. 82-783.)
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(235 ILCS 5/1-3.30) (from Ch. 43, par. 95.30)
Sec. 1-3.30.
"Special event" means an event conducted by an
educational, fraternal, political, civic, religious or non-profit organization.
(Source: P.A. 86-404.)
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(235 ILCS 5/1-3.31) (from Ch. 43, par. 95.31)
Sec. 1-3.31.
"Limited wine manufacturer" means a wine manufacturer
which uses only grapes, berries, other fruits, fruit products, honey and
vegetables produced or grown in Illinois, except as follows: (i) during the
first 36 months of operation after first being issued a license it may use
as much as 100% imported products; (ii) during the following 24 months it
may use as much as 80% imported products; and (iii) thereafter it may use as
much as 60% imported products. The maximum allowances on use of imported
products may be temporarily increased in any year in which there is a crop
shortage or severe drought in such percentages as determined by the
Director of the Department of Agriculture.
(Source: P.A. 86-858; 86-1028.)
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(235 ILCS 5/1-3.32)
Sec. 1-3.32.
"Auction liquor license" means a person who obtains
prior written approval from the State Commission to sell or offer for sale at
auction, on a specified date, wine or spirits for private use or consumption,
or for resale by an Illinois liquor licensee in accordance with the provisions
of this Act.
(Source: P.A. 88-91.)
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(235 ILCS 5/1-3.33)
Sec. 1-3.33.
"Brew Pub" means a person who manufactures no more than 155,000 gallons of beer per year only at a
designated licensed premises to make sales to importing distributors, distributors,
and to non-licensees for use and consumption only, who stores beer
at the designated premises, and who is allowed to sell at retail from the
licensed premises, provided that a brew pub licensee shall not sell for
off-premises consumption more than 155,000 gallons per year.
(Source: P.A. 99-448, eff. 8-24-15.)
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(235 ILCS 5/1-3.34)
Sec. 1-3.34.
"Caterer retailer" means a person who serves alcoholic liquors
for consumption, either on-site or off-site, whether the location is licensed
or unlicensed, as an incidental part of food service. Prepared meals and
alcoholic liquors are sold at a package price agreed upon under contract.
(Source: P.A. 88-91.)
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(235 ILCS 5/1-3.35)
Sec. 1-3.35.
Special use permit license.
"Special use permit license"
means a license for use by a
retailer to allow for the transfer of alcoholic beverages from an existing
licensed retail premises to a designated site for a specific
event.
(Source: P.A. 88-91; 89-250, eff. 1-1-96.)
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(235 ILCS 5/1-3.36)
Sec. 1-3.36.
Private function.
"Private function" means a prearranged
private party, function, or event for a
specific social or
business occasion, either by invitation or reservation and not open to the
general public, where the guests in attendance are served in a room or rooms
designated and used exclusively for the private party, function, or event.
(Source: P.A. 89-250, eff. 1-1-96.)
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(235 ILCS 5/1-3.37)
Sec. 1-3.37. (Repealed).
(Source: P.A. 90-77, eff. 7-8-97. Repealed by P.A. 102-278, eff. 8-6-21.)
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(235 ILCS 5/1-3.38) Sec. 1-3.38. Class 1 brewer. "Class 1 brewer" means a person who is a holder of a brewer license or non-resident dealer license who manufactures up to 930,000 gallons of beer per year and who may make sales and deliveries to importing distributors and distributors and to retail licensees in accordance with the conditions set forth in paragraph (18) of subsection (a) of Section 3-12 of this Act.
(Source: P.A. 98-401, eff. 8-16-13; 99-448, eff. 8-24-15.) |
(235 ILCS 5/1-3.39) Sec. 1-3.39. Homemade brewed beverage. "Homemade brewed beverage" means beer or any other beverage obtained by the alcoholic fermentation of an infusion or concoction of grains, sugars, or both in water and includes, but is not limited to, beer, mead, and cider made by a person 21 years of age or older, through his or her own efforts, fermented at his or her place of residence, fermented at another place of residence of a homemade brewed beverage brewer, or fermented at a premises of a commercial enterprise that is engaged primarily in selling supplies and equipment for use by home brewers and not for a commercial purpose but for consumption by that person or his or her family, neighbors, guests, and friends or for use at an exhibition, demonstration, judging, tasting, or sampling with sampling sizes as authorized by Section 6-31 of this Act or as part of a contest or competition authorized by Section 6-36 of this Act.
(Source: P.A. 98-55, eff. 7-5-13.) |
(235 ILCS 5/1-3.40) Sec. 1-3.40. Manufacturer class license holder. "Manufacturer class license holder" means any holder of a Manufacturer's license as provided in Section 5-1 of this Act. The Manufacturer's licenses are: a Class 1. Distiller, a Class 2. Rectifier, a Class 3. Brewer, a Class 4. First Class Wine Manufacturer, a Class 5. Second Class Wine Manufacturer, a Class 6. First Class Winemaker, a Class 7. Second Class Winemaker, a Class 8. Limited Wine Manufacturer, a Class 9. Craft Distiller, a Class 10. Class 1 Craft Distiller, a Class 11. Class 2 Craft Distiller, a Class 12. Class 1 Brewer, and a Class 13. Class 2 Brewer, and any future Manufacturer's licenses established by law.
(Source: P.A. 101-482, eff. 8-23-19; 101-615, eff. 12-20-19.) |
(235 ILCS 5/1-3.41) Sec. 1-3.41. Non-alcoholic merchandise. "Non-alcoholic merchandise" means any good or commodity that contains less than 0.5 percent alcohol by volume. For purposes of this Act, "non-alcoholic merchandise" does not include trade fixtures, equipment, or furnishings that are used or intended for the limited purpose of storing, servicing, displaying, advertising, furnishing, selling, or aiding in the sale of alcoholic liquors.
(Source: P.A. 99-282, eff. 8-5-15.) |
(235 ILCS 5/1-3.42) Sec. 1-3.42. Class 2 brewer. "Class 2 brewer" means a person who is a holder of a brewer license or non-resident dealer license who manufactures up to 3,720,000 gallons of beer per year for sale to a licensed importing distributor or distributor.
(Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16.) |
(235 ILCS 5/1-3.43) Sec. 1-3.43. Beer showcase permit. "Beer showcase permit" means a license for use by a class 3 brewer or distributor to allow for the transfer of beer only from an existing licensed premises of a class 3 brewer or distributor to a designated site for a specific event.
(Source: P.A. 102-442, eff. 8-20-21; 103-154, eff. 6-30-23.) |
(235 ILCS 5/1-3.44) Sec. 1-3.44. Class 3 brewer. "Class 3 brewer" means a holder of a brewer's license or a non-resident dealer's license who manufactures no more than 155,000 gallons at any single brewery premises and no more than 465,000 gallons of beer per year in the aggregate, and to make sales to importing distributors, distributors, and retail licensees in accordance with the conditions set forth in paragraph (20) of subsection (a) of Section 3-12.
(Source: P.A. 102-442, eff. 8-20-21.) |
(235 ILCS 5/Art. II heading) ARTICLE II.
SCOPE OF ACT
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(235 ILCS 5/2-1) (from Ch. 43, par. 96)
Sec. 2-1.
No person shall manufacture, bottle, blend, sell, barter,
transport, transfer into this State from a point outside this State,
deliver, furnish or possess any alcoholic liquor for beverage purposes,
unless such person has been issued a license by the Commission or except as
permitted by Section 6-29 of this Act or except as otherwise specifically provided in this Act;
provided, however,
nothing herein contained shall prevent the possession and transportation of
alcoholic liquor by the possessor for the personal use of the possessor,
his family and
guests, nor prevent the making of wine, cider or other alcoholic liquor by
a person from fruits, vegetables or grains, or the products thereof, by
simple fermentation and without distillation, if it is made solely for the
use of the maker, his family and his guests; and provided further that
nothing herein contained shall prevent any duly licensed practicing
physician or dentist from possessing or using alcoholic liquor in the
strict practice of his profession, or any hospital or other institution
caring for sick and diseased persons, from possessing and using alcoholic
liquor for the treatment of bona fide patients of such hospital or other
institution; and provided further that any drug store employing a licensed
pharmacist may possess and use alcoholic liquors in the concoction of
prescriptions of duly licensed physicians; and provided further, that the
possession and dispensation of wine by an authorized representative of any
church for the purpose of conducting any bona fide rite or religious
ceremony conducted by such church shall not be prohibited by this Act.
(Source: P.A. 90-739, eff. 8-13-98.)
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(235 ILCS 5/Art. III heading) ARTICLE III.
STATE CONTROL COMMISSION
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(235 ILCS 5/3-1) (from Ch. 43, par. 97)
Sec. 3-1.
There is hereby created an Illinois Liquor Control Commission
consisting of 7 members to be appointed by the Governor
with the advice and consent of the Senate, no more than 4
of whom shall be members of the same political party. The Executive Director of the Illinois Liquor Control Commission shall be appointed by the Governor with the advice and consent of the Senate.
(Source: P.A. 100-1050, eff. 7-1-19.)
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(235 ILCS 5/3-2) (from Ch. 43, par. 98)
Sec. 3-2.
Immediately, or soon as may be after the effective date of this
Act, the Governor shall appoint 3 members of the commission,
one of whom shall be designated as "Chairman", one to hold office for a
period of 2 years, one to hold office for a period of 4
years and one to hold office for a period of 6 years. Immediately,
or as soon as may be after the effective
date of this amendatory Act of 1983, the Governor shall appoint 2 members
to the commission to the offices created by this amendatory Act of 1983,
one for an initial term expiring the third Monday in January of 1986 and
one for an initial term expiring the third Monday in January of
1988. At the expiration of the
term of any such commissioner the Governor shall reappoint said commissioner
or appoint a successor of said commissioner for a period of
6 years. The Governor shall have power to fill vacancies in the
office of any commissioner.
Notwithstanding any provision of this Section to the contrary, the term
of office of each member of the commission is abolished on the effective
date of this amendatory Act of 1985, but the incumbent members shall
continue to exercise all of the powers and be subject to all of the duties
of members of the commission until their respective successors are
appointed and qualified. The Governor shall appoint 2 members of the
commission whose terms of office shall expire on February 1, 1986, 2
members of the commission whose terms of office shall expire on February 1,
1988, and one member of the commission whose term shall expire on February
1, 1990. Their respective successors shall be appointed for terms of 6
years from the first day of February of the year of appointment. Each
member shall serve until his successor is appointed and qualified.
The initial term of both of the 2 additional members appointed pursuant to
this amendatory Act of the 91st General Assembly shall expire on February 1,
2006. Their respective successors shall be appointed for terms of 6 years from
the first day of February of the year of appointment. Each member shall serve
until his or her successor is appointed and qualified.
Notwithstanding any action taken to fill the office on an acting, temporary, or other basis, the office of Executive Director of the Commission shall be vacant on January 1, 2019. On and after January 1, 2019, the Governor shall appoint the Executive Director of the Commission for a 4-year term, with the advice and consent of the Senate. (Source: P.A. 100-1050, eff. 7-1-19.)
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(235 ILCS 5/3-3) (from Ch. 43, par. 99)
Sec. 3-3.
A majority of the commission shall constitute a quorum
to transact
business, but no vacancy shall impair the right of the remaining
commissioners to exercise all of the powers of the commission; and every
act of a majority of the members of the commission shall be deemed to be
the act of the commission. The commission shall have a secretary who shall
keep a record of all proceedings, transactions, communications and official
acts of the commission and who shall be custodian of all records and
perform such other duties as the commission may prescribe.
(Source: P.A. 82-783.)
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(235 ILCS 5/3-4) (from Ch. 43, par. 100)
Sec. 3-4. Authority to conduct investigations. The State Commission shall obtain, pursuant to the provisions of the
Personnel Code, such inspectors,
clerks, and other employees as may be necessary to carry out the provisions
of this Act, or to perform the duties and exercise the powers conferred by
law upon the State Commission. The inspectors obtained by the State Commission shall not be peace
officers and shall not exercise any powers of a peace officer.
The State Commission shall have the power to appoint investigators to conduct investigations, searches, seizures, arrests, and other duties required to enforce the provisions of this Act, on behalf of the State Commission, and to ensure the health, safety, and welfare of the People of the State of Illinois. The Commission's investigators are peace officers and have all the powers possessed by police officers in cities and by sheriffs. State Commission investigators may exercise these powers throughout the State whenever enforcing the provisions of this Act, subject to the rules and orders of the State Commission. No State Commission investigator may have peace officer status or may exercise police powers unless: (1) he or she successfully completes the basic police training course mandated and approved by the Illinois Law Enforcement Training Standards Board; or (2) the Illinois Law Enforcement Training Standards Board waives the training requirement by reason of the investigator's prior law enforcement experience, training, or both. The Executive Director must authorize to each investigator of the State Commission and to any other employee of the Department exercising the powers of a peace officer a distinct badge that, on its face: (1) clearly states that the badge is authorized by the State Commission; and (2) contains a unique identifying number. No other badge shall be authorized by the State Commission. Nothing in this Section prohibits the Executive Director from issuing shields or other distinctive identification to employees performing security or regulatory duties who are not peace officers if the Executive Director determines that a shield or distinctive identification is needed by the employee to carry out his or her responsibilities. (Source: P.A. 101-37, eff. 7-3-19.)
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(235 ILCS 5/3-4.1) Sec. 3-4.1. Obtaining evidence. The State Commission has the power to expend sums that the Executive Director deems necessary for the purchase of evidence and for the employment of persons to obtain evidence. The sums shall be advanced to employees authorized by the Executive Director to expend funds, on vouchers signed by the Executive Director. In addition, the Executive Director is authorized to maintain one or more commercial checking accounts with any State banking corporation or corporations organized under or subject to the Illinois Banking Act for the deposit and withdrawal of moneys to be used solely for the purchase of evidence and for the employment of persons to obtain evidence. No check may be written on nor any withdrawal made from such an account except on the written signature of 2 persons designated by the Executive Director to write those checks and make those withdrawals. The balance of moneys on deposit in any such account shall not exceed $25,000 at any time, nor shall any one check written on or single withdrawal made from any such account exceed $25,000.
(Source: P.A. 102-1115, eff. 1-9-23.) |
(235 ILCS 5/3-5) (from Ch. 43, par. 101)
Sec. 3-5.
Each commissioner, the secretary, the Executive Director, and each person
appointed by the
commission shall, before entering upon the duties of his or her office, take and
subscribe to the constitutional oath of office. The secretary, the Executive Director, and each
inspector, clerk, and other employee shall devote his or her entire time to the
duties of his or her office.
(Source: P.A. 100-1050, eff. 7-1-19.)
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(235 ILCS 5/3-6) (from Ch. 43, par. 102)
Sec. 3-6.
No person shall be appointed a commissioner, secretary, Executive Director, or
inspector for the commission who is not a citizen of the United States. No commissioner,
secretary, Executive Director, inspector, or other employee shall be appointed who has been
convicted of any violation of any Federal or State law concerning the
manufacture or sale of alcoholic liquor prior or subsequent to the passage
of this Act or who has paid a fine or penalty in settlement of any
prosecution against him or her for any violation of such laws or shall have
forfeited his or her bond to appear in court to answer charges for any such
violation, nor shall any person be appointed who has been convicted of a
felony. No commissioner, Executive Director, inspector, or other employee, may, directly or
indirectly, individually or as a member of a partnership, or as a
shareholder of a corporation, have any interest whatsoever in the
manufacture, sale or distribution of alcoholic liquor, nor receive any
compensation or profit therefrom, nor have any interest whatsoever in the
purchases or sales made by the persons authorized by this Act, or to
purchase or to sell alcoholic liquor. No provision of this section shall
prevent any such commissioner, secretary, Executive Director, inspector, or other employee from
purchasing and keeping in his or her possession for the use of himself or herself or members
of his or her family or guests any alcoholic liquor which may be purchased or kept
by any person by virtue of this Act.
(Source: P.A. 100-1050, eff. 7-1-19.)
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(235 ILCS 5/3-7) (from Ch. 43, par. 103)
Sec. 3-7.
No commissioner, secretary, Executive Director, or person appointed or employed by the
commission, shall solicit or accept any gift, gratuity, emolument or
employment from any person subject to the provisions of this Act, or from
any officer, agent or employee thereof, nor solicit, request from or
recommend, directly or indirectly, to any such person or to any officer,
agent or employee thereof, the appointment of any person to any place or
position, and every such person, and every officer, agent or employee
thereof, is hereby forbidden to offer to any commissioner, secretary, Executive Director, or to
any person appointed or employed by the commission, any gift, gratuity,
emolument or employment. If any commissioner, secretary, Executive Director, or any person
appointed or employed by the commission shall violate any of the
provisions of this Section, he or she shall be removed from the office or
employment held by him or her. Every person violating the provisions of this
Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 100-1050, eff. 7-1-19.)
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(235 ILCS 5/3-8) (from Ch. 43, par. 104)
Sec. 3-8.
Before entering upon the duties of his office, each commissioner
shall give a bond, with surety to be approved by the Governor, in the sum
of five thousand dollars ($5,000) for the faithful performance of his
duties as such commissioner. Before entering upon the duties of his office
the secretary shall give a bond, with surety to be approved by the
Governor, in the sum of five thousand dollars ($5,000) for the faithful
performance of his duties as secretary.
(Source: P.A. 82-783.)
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(235 ILCS 5/3-9) (from Ch. 43, par. 105)
Sec. 3-9.
Compensation of commissioners, secretary, and employees.
The chairman of the Commission shall receive an annual salary of $32,000
or such greater amount as may be set by the Compensation Review Board.
The other commissioners shall receive an annual salary of $28,000 or such
greater amount as may be set by the Compensation Review Board.
The secretary of the Commission shall
receive an annual salary as set by the Compensation Review Board.
All clerks, inspectors, and employees of the Commission shall receive
reasonable compensation in an amount fixed by the Commission, subject to the
approval in writing of the Governor.
(Source: P.A. 91-798, eff. 7-9-00.)
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(235 ILCS 5/3-10) (from Ch. 43, par. 106)
Sec. 3-10.
The commissioners, the secretary, the Executive Director, and all clerks,
inspectors, and
other employees shall be reimbursed for all actual and necessary traveling
and other expenses and disbursements incurred or made by them in the
discharge of their official duties. The commission may also incur necessary
expenses for office furniture and other incidental expenses.
(Source: P.A. 100-1050, eff. 7-1-19.)
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(235 ILCS 5/3-11) (from Ch. 43, par. 107)
Sec. 3-11.
Principal office; meetings; seal; proceedings.
The
principal
office of the Commission shall be
in Chicago, but the
Commission may, with the approval of the Governor, establish and maintain
branch offices at other places. The
Commission
shall hold regular meetings at least once a month at its office, and may
hold such special meetings as it may deem necessary at any time and at any
place within the State. The Commission may, for authentication of its
records, process and proceedings, adopt, keep and use a common seal, of
which seal judicial notice shall be taken in all of the courts of the
State, and any process, notice or other paper which the Commission may be
authorized by law to issue, shall be deemed sufficient if signed by the
secretary of said Commission and authenticated by such seal; and all acts,
orders, proceedings, rules, regulations, entries, minutes, and other
records of said Commission, and all reports and documents filed with said
Commission may be proved in any court of this State by copy thereof
certified to by the secretary of said Commission with the seal of said
Commission attached.
(Source: P.A. 89-250, eff. 1-1-96.)
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(235 ILCS 5/3-12)
Sec. 3-12. Powers and duties of State Commission.
(a) The State Commission shall have the following powers, functions, and
duties:
(1) To receive applications and to issue licenses to | ||
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In lieu of suspending or revoking a license, the | ||
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For the purpose of this paragraph (1), when | ||
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The fine imposed under this paragraph may not exceed | ||
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Any notice issued by the State Commission to a | ||
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(2) To adopt such rules and regulations consistent | ||
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(3) To call upon other administrative departments of | ||
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(4) To recommend to local commissioners rules and | ||
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(5) To inspect, or cause to be inspected, any | ||
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(5.1) Upon receipt of a complaint or upon having | ||
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(5.2) Upon receipt of a complaint or upon having | ||
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(5.3) To receive complaints from licensees, local | ||
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(5.4) To make arrests and issue notices of civil | ||
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(5.5) To investigate any and all unlicensed activity. (5.6) To impose civil penalties or fines to any | ||
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(6) To hear and determine appeals from orders of a | ||
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(7) The State Commission shall establish uniform | ||
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(8) In the conduct of any hearing authorized to be | ||
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Any circuit court may, by order duly entered, require | ||
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(9) To investigate the administration of laws in | ||
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(10) To adopt such rules and regulations consistent | ||
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(11) To develop industry educational programs related | ||
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(11.1) To license persons providing education and | ||
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(12) To develop and maintain a repository of license | ||
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(13) (Blank).
(14) On or before April 30, 2008 and every 2 years | ||
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(A) The amount of State excise and sales tax | ||
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(B) The amount of licensing fees received. (C) The number of cases of wine shipped from | ||
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(D) The number of alcohol compliance operations | ||
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(E) The number of winery shipper's licenses | ||
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(F) The number of each of the following: reported | ||
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(15) As a means to reduce the underage consumption of | ||
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(16) The State Commission shall, in addition to | ||
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(17)(A) A person licensed to make wine under the laws | ||
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(B) In the application, which shall be sworn under | ||
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(C) The State Commission shall approve the | ||
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(D) A self-distribution exemption holder shall | ||
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(E) Except in hearings for violations of this Act or | ||
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(F) The State Commission shall issue regulations | ||
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(G) Nothing in this paragraph (17) shall prohibit a | ||
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(H) It is the intent of this paragraph (17) to | ||
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(18)(A) A class 1 brewer licensee, who must also be | ||
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(B) In the application, which shall be sworn under | ||
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(C) Any application submitted shall be posted on the | ||
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(D) A self-distribution exemption holder shall | ||
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(E) The State Commission shall issue rules and | ||
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(F) Nothing in this paragraph (18) shall prohibit a | ||
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(G) It is the intent of this paragraph (18) to | ||
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(19)(A) A class 1 craft distiller licensee or a | ||
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(B) In the application, which shall be sworn under | ||
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(C) Any application submitted shall be posted on the | ||
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(D) A self-distribution exemption holder shall | ||
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(E) The State Commission shall adopt rules governing | ||
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(F) Nothing in this paragraph (19) shall prohibit a | ||
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(G) It is the intent of this paragraph (19) to | ||
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(20)(A) A class 3 brewer licensee who must | ||
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(B) In the application, which shall be sworn under | ||
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(1) the date it was established; (2) its volume of beer manufactured and sold for | ||
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(3) its efforts to establish distributor | ||
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(4) that a self-distribution exemption is | ||
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(5) that it will comply with the alcoholic | ||
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(C) Any application submitted shall be posted on | ||
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(D) A self-distribution exemption holder shall | ||
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(E) The State Commission may adopt rules governing | ||
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(F) Nothing in this paragraph shall prohibit a | ||
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(G) It is the intent of this paragraph to promote | ||
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(b) On or before April 30, 1999, the Commission shall present a written
report to the Governor and the General Assembly that shall be based on a study
of the impact of Public Act 90-739 on the business of soliciting,
selling, and shipping
alcoholic liquor from outside of this State directly to residents of this
State.
As part of its report, the Commission shall provide the following
information:
(i) the amount of State excise and sales tax revenues | ||
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(ii) the amount of licensing fees received as a | ||
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(iii) the number of reported violations, the number | ||
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(Source: P.A. 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 102-442, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.) |
(235 ILCS 5/3-13) (from Ch. 43, par. 108a)
Sec. 3-13.
The provisions of "The Illinois Administrative Procedure Act",
as now or hereafter amended, are hereby expressly adopted and incorporated
herein as though a part of this Act, and shall apply to all administrative
rules and procedures of the State commission under this Act.
(Source: P.A. 82-783.)
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(235 ILCS 5/3-14) (from Ch. 43, par. 109)
Sec. 3-14. Issuance of license by Commission. Nothing contained in this
Act shall, however, be construed to
permit the State Commission to issue any license, other than
manufacturer's, foreign importer's, importing distributor's, non-resident
dealer's, and
distributor's, broker's and non-beverage user's license for any premises in any
prohibited territory, or to issue any license other than manufacturer's,
foreign importer's, importing distributor's, non-resident dealer's,
distributor's,
railroad's,
airplane's, boat's, or broker's license, auction liquor license, or
non-beverage
user's license, unless the
person applying for such license shall have obtained a local license for
the same premises. For purposes of this Section and only in regards to a hotel, the local license issued for the same premises may include multiple local licenses issued to a hotel operator for various portions of the hotel building, structure, or adjacent property owned and managed by the hotel operator in which alcoholic liquors may be stored, offered for sale, and sold; however, all of those portions of the hotel building, structure, or adjacent property shall be considered the hotel premises for purposes of the issuance of a retailer's license by the State Commission. When such person has obtained a local license and has
made application to the State Commission in conformity with this Act and
paid the license fee provided, it shall be the duty of the State Commission
to issue a retailer's license to him; provided, however, that the State
Commission may refuse the issuance or renewal of a retailer's license, upon
notice and after hearing, upon the grounds authorized in Section 6-3
of this Act, and, provided further, that the issuance of such
license shall not prejudice the State Commission's action in subsequently
suspending or revoking such license if it is determined by the State
Commission, upon notice and after hearing, that the licensee has, within
the same or the preceding license period, violated any provision of this
Act or any rule or regulation issued pursuant thereto and in effect for 30
days prior to such violation.
The Commission may also refuse to renew a license if the licensee has failed
to pay an offer in compromise, pre-disciplinary settlement, or a fine imposed
by order.
(Source: P.A. 99-46, eff. 7-15-15.)
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(235 ILCS 5/3-20) Sec. 3-20. State Commission; separation from the Department of Revenue. (a) Executive Order No. 2003-9 is hereby superseded by this amendatory Act of the 100th General Assembly to the extent that Executive Order No. 2003-9 transferred clerks, management and staff support, employees, and other resources from the State Commission to the Department of Revenue. (b) To the extent that Executive Order No. 2003-9 transferred personnel and the Executive Director to the Department of Revenue from the State Commission, those personnel and the Executive Director shall be transferred to the State Commission. The status and rights of such employees under the Personnel Code shall not be affected by the transfer. The status and rights of the
employees and the State of Illinois and its agencies under the
Personnel Code, the Illinois Public Labor Relations Act, and
applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act of the 100th General Assembly. To the extent that an employee performs duties for the State Commission and the Department of Revenue itself or any other division or agency within the Department of Revenue, that employee shall be transferred at the Governor's discretion. (c) All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by this amendatory Act of the 100th General Assembly from the Department of Revenue to the State Commission, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the State Commission. (d) All unexpended appropriations and balances and other funds available for use by the Department of Revenue to operate the State Commission shall be transferred for use by the State Commission. Unexpended balances so transferred shall be expended only for the purpose for which the appropriations were originally made. (e) The powers, duties, rights, and responsibilities transferred from the Department of Revenue by this amendatory Act of the 100th General Assembly shall be vested in and shall be exercised by the State Commission. (f) Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person to or upon the Department of Revenue in connection with any of the powers, duties, rights, and responsibilities transferred by this amendatory Act of the 100th General Assembly, the same shall be made, given, furnished, or served in the same manner to or upon the State Commission. (g) Any rules of the Department of Revenue that relate to the functions transferred from the State Commission to the Department of Revenue by Executive Order No. 2003-9 that are in full force on the effective date of this amendatory Act of the 100th General Assembly shall become the rules of the State Commission. This amendatory Act of the 100th General Assembly does not affect the legality of any such rules in the Illinois Administrative Code. Any proposed rules filed with the Secretary of State by the Department of Revenue that are pending in the rulemaking process on the effective date of this amendatory Act of the 100th General Assembly and pertain to the functions transferred from the State Commission to the Department of Revenue by Executive Order No. 2003-9 shall be deemed to have been filed by the State Commission. As soon as practicable hereafter, the State Commission shall revise and clarify the rules transferred to it under this amendatory Act of the 100th General Assembly to reflect the reorganization of powers, duties, rights, and responsibilities affected by this amendatory Act of the 100th General Assembly, using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained.
(Source: P.A. 100-1050, eff. 7-1-19.) |
(235 ILCS 5/Art. IV heading) ARTICLE IV.
LOCAL CONTROL
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(235 ILCS 5/4-1) (from Ch. 43, par. 110)
Sec. 4-1.
In every city, village or incorporated town, the city council or
president and board of trustees, and in counties in respect of territory
outside the limits of any such city, village or incorporated town the
county board shall have the power by general ordinance or resolution to
determine the number, kind and classification of licenses, for sale at
retail of alcoholic liquor not inconsistent with this Act and the amount
of the local licensee fees to be paid for the various kinds of licenses to
be issued in their political subdivision, except those issued to the
specific non-beverage users exempt from payment of license fees under
Section 5-3 which shall be issued without payment of
any local license fees, and the manner of distribution of such fees after
their collection; to regulate or prohibit the presence of persons under
the age of 21 on the premises of licensed retail establishments of various
kinds and classifications where alcoholic liquor is drawn, poured, mixed or
otherwise served for consumption on the premises; to prohibit any minor
from drawing, pouring, or mixing any alcoholic
liquor as an employee of any retail licensee; and to prohibit any minor
from at any time attending any bar and from drawing, pouring or mixing any
alcoholic liquor in any licensed retail premises; and to establish such
further regulations and restrictions upon the issuance of and operations
under local licenses not inconsistent with law as the public good and
convenience may require; and to provide penalties for the violation of
regulations and restrictions, including those made by county boards,
relative to operation under local licenses; provided, however, that in the
exercise of any of the powers granted in this Section, the issuance of such
licenses shall not be prohibited except for reasons specifically enumerated
in Sections 6-2, 6-11, 6-12 and 6-25 of this Act.
However, in any municipality with a population exceeding 1,000,000 that
has adopted the form of government authorized under "An Act concerning cities,
villages, and incorporated towns, and to repeal certain Acts herein named",
approved August 15, 1941, as amended, no person shall be granted any license
or privilege to sell alcoholic liquors between the hours of two o'clock
a.m. and seven o'clock a.m. on week days unless such person has given
at least 14 days prior written notice to the alderperson of the ward in which
such person's licensed premises are located stating his intention to make
application for such license or privilege and unless evidence confirming
service of such written notice is included
in such application. Any license or privilege granted in violation of this
paragraph shall be null and void.
(Source: P.A. 102-15, eff. 6-17-21.)
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(235 ILCS 5/4-2) (from Ch. 43, par. 111)
Sec. 4-2. The mayor or president of the board of trustees of each city,
village or incorporated town or his or her designee, and the president or chairman of the county
board or his or her designee, shall be the local liquor control commissioner for their respective
cities, villages, incorporated towns and counties, and shall be charged
with the administration in their respective jurisdictions of the
appropriate provisions of this Act and of such ordinances and resolutions
relating to alcoholic liquor as may be enacted; but the authority of the
president or chairman of the county board or his or her designee shall extend only to that area in
any county which lies outside the corporate limits of the cities, villages
and incorporated towns therein and those areas which are owned by the
county and are within the corporate limits of the cities, villages and
incorporated towns with a population of less than 1,000,000, however, such
county shall comply with the operating rules of the municipal ordinances
affected when issuing their own licenses.
However, such mayor, president of the board of trustees or president or
chairman of the county board or his or her designee may appoint a person or persons to assist him
in the exercise of the powers and the performance of the duties herein
provided for such local liquor control commissioner. Notwithstanding any other provision of this Section to the contrary, the mayor of a city with a population of 55,000 or less or the president of a village with a population of 55,000 or less that has an interest in the manufacture, sale, or distribution of alcoholic liquor must direct the council or board over which he or she presides to appoint, by majority vote, a person other than him or her to serve as the local liquor control commissioner. The appointment must be made within 30 days from the day on which the mayor or president takes office, and the mayor or president cannot make nominations or serve any other role in the appointment. To prevent any conflict of interest, the mayor or president with the interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor. Further, the appointee (i) shall be an attorney with an active license to practice law in the State of Illinois, (ii) shall not legally represent liquor license applicants or holders before the jurisdiction over which he or she presides as local liquor control commissioner or before an adjacent jurisdiction, (iii) shall not have an interest in the manufacture, sale, or distribution of alcoholic liquor, and (iv) shall not be appointed to a term to exceed the term of the mayor, president, or members of the council or board.
(Source: P.A. 97-1059, eff. 8-24-12; 98-10, eff. 5-6-13.)
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(235 ILCS 5/4-3) (from Ch. 43, par. 111a)
Sec. 4-3.
The city council of each city and the president and board of
trustees of each village and incorporated town and the county board are
authorized to fix and pay compensation to the local liquor control
commissioner of the particular city, village, incorporated town or county,
as the case may be, and compensation to such deputies, assistants or
employees as may be deemed necessary for the proper performance of the
duties vested in him.
(Source: P.A. 82-783.)
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(235 ILCS 5/4-4) (from Ch. 43, par. 112)
Sec. 4-4. Each local liquor control commissioner shall also have the
following powers, functions, and duties with respect to licenses, other than
licenses to manufacturers, importing distributors, distributors, foreign
importers, non-resident dealers, non-beverage users, brokers, railroads,
airplanes, and boats:
1. To grant or suspend for not more than 30 days or | ||
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2. To enter or to authorize any law enforcing officer | ||
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3. To notify the Secretary of State where a club | ||
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4. To receive a complaint from any citizen within his | ||
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5. To receive local license fees and pay the same | ||
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Each local liquor commissioner also has the duty to notify
the Secretary of State of any convictions or dispositions of court supervision for a violation of Section 6-20 of
this Act or a similar provision of a local ordinance.
In counties and municipalities, the local liquor control
commissioners shall also have the power to levy fines in accordance with
Section 7-5 of this Act.
(Source: P.A. 100-863, eff. 8-14-18.)
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(235 ILCS 5/4-5) (from Ch. 43, par. 113)
Sec. 4-5.
The local liquor control commissioner shall have the right to
examine, or cause to be examined, under oath, any applicant for a local
license or for a renewal thereof, or any licensee upon whom notice of
revocation or suspension has been served in the manner hereinafter
provided, and to examine or cause to be examined, the books and records of
any such applicant or licensee; to hear testimony and take proof for his
information in the performance of his duties, and for such purpose to issue
subpoenas which shall be effective in any part of this State. For the
purpose of obtaining any of the information desired by the local liquor
control commissioner under this section, he may authorize his agent to act
on his behalf.
(Source: P.A. 82-783.)
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(235 ILCS 5/4-6) (from Ch. 43, par. 114)
Sec. 4-6.
When, in this Act, the local liquor control commissioner shall be
referred to, it shall include any committee or other agency appointed by
such local liquor control commissioner.
(Source: P.A. 82-783.)
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(235 ILCS 5/4-7) (from Ch. 43, par. 114a)
Sec. 4-7.
The local liquor control commissioner shall have the right to
require fingerprints of any applicant for a local license or for a renewal
thereof other than an applicant who is an air carrier operating under a
certificate or a foreign air permit issued pursuant to the Federal Aviation
Act of 1958.
Each applicant shall submit his or her fingerprints to the
Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records
databases. The Illinois State Police shall charge
a fee for conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois State Police shall furnish
pursuant to positive identification, records of conviction to the local liquor
control commissioner.
For purposes of obtaining fingerprints under this Section, the
local liquor commissioner shall collect a fee and forward the fee to the
appropriate policing body who shall submit the fingerprints and the fee to the
Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)
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(235 ILCS 5/Art. V heading) ARTICLE V.
LICENSES
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(235 ILCS 5/5-1) (from Ch. 43, par. 115) Sec. 5-1. Licenses issued by the Illinois Liquor Control Commission
shall be of the following classes: (a) Manufacturer's license - Class 1.
Distiller, Class 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6. First Class Winemaker, Class 7. Second Class Winemaker, Class 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer, Class 14. Class 3 Brewer, (b) Distributor's license, (c) Importing Distributor's license, (d) Retailer's license, (e) Special Event Retailer's license (not-for-profit), (f) Railroad license, (g) Boat license, (h) Non-Beverage User's license, (i) Wine-maker's premises license, (j) Airplane license, (k) Foreign importer's license, (l) Broker's license, (m) Non-resident dealer's
license, (n) Brew Pub license, (o) Auction liquor license, (p) Caterer retailer license, (q) Special use permit license, (r) Winery shipper's license, (s) Craft distiller tasting permit, (t) Brewer warehouse permit, (u) Distilling pub license, (v) Craft distiller warehouse permit, (w) Beer showcase permit. No
person, firm, partnership, corporation, or other legal business entity that is
engaged in the manufacturing of wine may concurrently obtain and hold a
wine-maker's license and a wine manufacturer's license. (a) A manufacturer's license shall allow the manufacture,
importation in bulk, storage, distribution and sale of alcoholic liquor
to persons without the State, as may be permitted by law and to licensees
in this State as follows: Class 1. A Distiller may make sales and deliveries of alcoholic liquor to
distillers, rectifiers, importing distributors, distributors and
non-beverage users and to no other licensees. Class 2. A Rectifier, who is not a distiller, as defined herein, may make
sales and deliveries of alcoholic liquor to rectifiers, importing distributors,
distributors, retailers and non-beverage users and to no other licensees. Class 3. A Brewer may make sales and deliveries of beer to importing
distributors and distributors and may make sales as authorized under subsection (e) of Section 6-4 of this Act, including any alcoholic liquor that subsection (e) of Section 6-4 authorizes a brewer to sell in its original package only to a non-licensee for pick-up by a non-licensee either within the interior of the brewery premises or at outside of the brewery premises at a curb-side or parking lot adjacent to the brewery premises, subject to any local ordinance. Class 4. A first class wine-manufacturer may make sales and deliveries of
up to 50,000 gallons of wine to manufacturers,
importing
distributors and distributors, and to no other licensees. If a first-class wine-manufacturer manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year. If the first-class wine-manufacturer manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 craft distiller license, shall not manufacture more than 50,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year. A first-class wine-manufacturer shall be permitted to sell wine manufactured at the first-class wine-manufacturer premises to non-licensees. Class 5. A second class Wine manufacturer may make sales and deliveries
of more than 50,000 gallons of wine to manufacturers, importing distributors
and distributors and to no other licensees. Class 6. A first-class wine-maker's license shall allow the manufacture
of up to 50,000 gallons of wine per year, and the
storage
and sale of such
wine to distributors in the State and to persons without the
State, as may be permitted by law. A person who, prior to June 1, 2008 (the effective date of Public Act 95-634), is a holder of a first-class wine-maker's license and annually produces more than 25,000 gallons of its own wine and who distributes its wine to licensed retailers shall cease this practice on or before July 1, 2008 in compliance with Public Act 95-634. If a first-class wine-maker manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year. If the first-class wine-maker manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 craft distiller license, shall not manufacture more than 50,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year. A first-class wine-maker holding a class 1 brewer license or a class 1 craft distiller license shall not be eligible for a wine-maker's premises license but shall be permitted to sell wine manufactured at the first-class wine-maker premises to non-licensees. Class 7. A second-class wine-maker's license shall allow the manufacture
of up to 150,000 gallons of wine per year, and
the
storage and sale of such wine
to distributors in this State and to persons without the State, as may be
permitted by law. A person who, prior to June 1, 2008 (the effective date of Public Act 95-634), is a holder of a second-class wine-maker's license and annually produces more than 25,000 gallons of its own wine and who distributes its wine to licensed retailers shall cease this practice on or before July 1, 2008 in compliance with Public Act 95-634. If a second-class wine-maker manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 brewer license, shall not manufacture more than 3,720,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year. If a second-class wine-maker manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 craft distiller license, shall not manufacture more than 100,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year. Class 8. A limited wine-manufacturer may make sales and deliveries not to
exceed 40,000 gallons of wine per year to distributors, and to
non-licensees in accordance with the provisions of this Act. Class 9. A craft distiller license, which may only be held by a class 1 craft distiller licensee or class 2 craft distiller licensee but not held by both a class 1 craft distiller licensee and a class 2 craft distiller licensee, shall grant all rights conveyed by either: (i) a class 1 craft distiller license if the craft distiller holds a class 1 craft distiller license; or (ii) a class 2 craft distiller licensee if the craft distiller holds a class 2 craft distiller license. Class 10. A class 1 craft distiller license, which may only be issued to a licensed craft distiller or licensed non-resident dealer, shall allow the manufacture of up to 50,000 gallons of spirits per year provided that the class 1 craft distiller licensee does not manufacture more than a combined 50,000 gallons of spirits per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year. If a class 1 craft distiller manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year. If a class 1 craft distiller manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a first-class wine-manufacturer license or a first-class wine-maker's license, shall not manufacture more than 50,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of wine per year. A class 1 craft distiller licensee may make sales and deliveries to importing distributors and distributors and to retail licensees in accordance with the conditions set forth in paragraph (19) of subsection (a) of Section 3-12 of this Act. However, the aggregate amount of spirits sold to non-licensees and sold or delivered to retail licensees may not exceed 5,000 gallons per year. A class 1 craft distiller licensee may sell up to 5,000 gallons of such spirits to non-licensees to the extent permitted by any exemption approved by the State Commission pursuant to Section 6-4 of this Act. A class 1 craft distiller license holder may store such spirits at a non-contiguous licensed location, but at no time shall a class 1 craft distiller license holder directly or indirectly produce in the aggregate more than 50,000 gallons of spirits per year. A class 1 craft distiller licensee may hold more than one class 1 craft distiller's license. However, a class 1 craft distiller that holds more than one class 1 craft distiller license shall not manufacture, in the aggregate, more than 50,000 gallons of spirits by distillation per year and shall not sell, in the aggregate, more than 5,000 gallons of such spirits to non-licensees in accordance with an exemption approved by the State Commission pursuant to Section 6-4 of this Act. Class 11. A class 2 craft distiller license, which may only be issued to a licensed craft distiller or licensed non-resident dealer, shall allow the manufacture of up to 100,000 gallons of spirits per year provided that the class 2 craft distiller licensee does not manufacture more than a combined 100,000 gallons of spirits per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year. If a class 2 craft distiller manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 brewer license, shall not manufacture more than 3,720,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year. If a class 2 craft distiller manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a second-class wine-maker's license, shall not manufacture more than 150,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 150,000 gallons of wine per year. A class 2 craft distiller licensee may make sales and deliveries to importing distributors and distributors, but shall not make sales or deliveries to any other licensee. If the State Commission provides prior approval, a class 2 craft distiller licensee may annually transfer up to 100,000 gallons of spirits manufactured by that class 2 craft distiller licensee to the premises of a licensed class 2 craft distiller wholly owned and operated by the same licensee. A class 2 craft distiller may transfer spirits to a distilling pub wholly owned and operated by the class 2 craft distiller subject to the following limitations and restrictions: (i) the transfer shall not annually exceed more than 5,000 gallons; (ii) the annual amount transferred shall reduce the distilling pub's annual permitted production limit; (iii) all spirits transferred shall be subject to Article VIII of this Act; (iv) a written record shall be maintained by the distiller and distilling pub specifying the amount, date of delivery, and receipt of the product by the distilling pub; and (v) the distilling pub shall be located no farther than 80 miles from the class 2 craft distiller's licensed location. A class 2 craft distiller shall, prior to transferring spirits to a distilling pub wholly owned by the class 2 craft distiller, furnish a written notice to the State Commission of intent to transfer spirits setting forth the name and address of the distilling pub and shall annually submit to the State Commission a verified report identifying the total gallons of spirits transferred to the distilling pub wholly owned by the class 2 craft distiller. A class 2 craft distiller license holder may store such spirits at a non-contiguous licensed location, but at no time shall a class 2 craft distiller license holder directly or indirectly produce in the aggregate more than 100,000 gallons of spirits per year. Class 12. A class 1 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 930,000 gallons of beer per year provided that the class 1 brewer licensee does not manufacture more than a combined 930,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year. If a class 1 brewer manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 craft distiller license, shall not manufacture more than 50,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year. If a class 1 craft brewer manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a first-class wine-manufacturer license or a first-class wine-maker's license, shall not manufacture more than 50,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of wine per year. A class 1 brewer licensee may make sales and deliveries to importing distributors and distributors and to retail licensees in accordance with the conditions set forth in paragraph (18) of subsection (a) of Section 3-12 of this Act. If the State Commission provides prior approval, a class 1 brewer may annually transfer up to 930,000 gallons of beer manufactured by that class 1 brewer to the premises of a licensed class 1 brewer wholly owned and operated by the same licensee. Class 13. A class 2 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 3,720,000 gallons of beer per year provided that the class 2 brewer licensee does not manufacture more than a combined 3,720,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year. If a class 2 brewer manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 craft distiller license, shall not manufacture more than 100,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year. If a class 2 craft distiller manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a second-class wine-maker's license, shall not manufacture more than 150,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 150,000 gallons of wine a year. A class 2 brewer licensee may make sales and deliveries to importing distributors and distributors, but shall not make sales or deliveries to any other licensee. If the State Commission provides prior approval, a class 2 brewer licensee may annually transfer up to 3,720,000 gallons of beer manufactured by that class 2 brewer licensee to the premises of a licensed class 2 brewer wholly owned and operated by the same licensee. A class 2 brewer may transfer beer to a brew pub wholly owned and operated by the class 2 brewer subject to the following limitations and restrictions: (i) the transfer shall not annually exceed more than 31,000 gallons; (ii) the annual amount transferred shall reduce the brew pub's annual permitted production limit; (iii) all beer transferred shall be subject to Article VIII of this Act; (iv) a written record shall be maintained by the brewer and brew pub specifying the amount, date of delivery, and receipt of the product by the brew pub; and (v) the brew pub shall be located no farther than 80 miles from the class 2 brewer's licensed location. A class 2 brewer shall, prior to transferring beer to a brew pub wholly owned by the class 2 brewer, furnish a written notice to the State Commission of intent to transfer beer setting forth the name and address of the brew pub and shall annually submit to the State Commission a verified report identifying the total gallons of beer transferred to the brew pub wholly owned by the class 2 brewer. Class 14. A class 3 brewer license, which may be issued to a brewer or a non-resident dealer, shall allow the manufacture of no more than 465,000 gallons of beer per year and no more than 155,000 gallons at a single brewery premises, and shall allow the sale of no more than 6,200 gallons of beer from each in-state or out-of-state class 3 brewery premises, or 18,600 gallons in the aggregate, to retail licensees, class 1 brewers, class 2 brewers, and class 3 brewers as long as the class 3 brewer licensee does not manufacture more than a combined 465,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 465,000 gallons of beer per year to make sales to importing distributors, distributors, retail licensees, brewers, class 1 brewers, class 2 brewers, and class 3 brewers in accordance with the conditions set forth in paragraph (20) of subsection (a) of Section 3-12. If the State Commission provides prior approval, a class 3 brewer may annually transfer up to 155,000 gallons of beer manufactured by that class 3 brewer to the premises of a licensed class 3 brewer wholly owned and operated by the same licensee. A class 3 brewer shall manufacture beer at the brewer's class 3 designated licensed premises, and may sell beer as otherwise provided in this Act. (a-1) A manufacturer which is licensed in this State to make sales or
deliveries of alcoholic liquor to licensed distributors or importing distributors and which enlists agents, representatives, or
individuals acting on its behalf who contact licensed retailers on a regular
and continual basis in this State must register those agents, representatives,
or persons acting on its behalf with the State Commission. Registration of agents, representatives, or persons acting on behalf of a
manufacturer is fulfilled by submitting a form to the Commission. The form
shall be developed by the Commission and shall include the name and address of
the applicant, the name and address of the manufacturer he or she represents,
the territory or areas assigned to sell to or discuss pricing terms of
alcoholic liquor, and any other questions deemed appropriate and necessary.
All statements in the forms required to be made by law or by rule shall be
deemed material, and any person who knowingly misstates any material fact under
oath in an application is guilty of a Class B misdemeanor. Fraud,
misrepresentation, false statements, misleading statements, evasions, or
suppression of material facts in the securing of a registration are grounds for
suspension or revocation of the registration. The State Commission shall post a list of registered agents on the Commission's website. (b) A distributor's license shall allow (i) the wholesale purchase and storage
of alcoholic liquors and sale of alcoholic liquors to licensees in this State and to persons without the State, as may be permitted by law; (ii) the sale of beer, cider, mead, or any combination thereof to brewers, class 1 brewers, and class 2 brewers that, pursuant to subsection (e) of Section 6-4 of this Act, sell beer, cider, mead, or any combination thereof to non-licensees at their breweries; (iii) the sale of vermouth to class 1 craft distillers and class 2 craft distillers that, pursuant to subsection (e) of Section 6-4 of this Act, sell spirits, vermouth, or both spirits and vermouth to non-licensees at their distilleries; or (iv) as otherwise provided in this Act. No person licensed as a distributor shall be granted a non-resident dealer's license. (c) An importing distributor's license may be issued to and held by
those only who are duly licensed distributors, upon the filing of an
application by a duly licensed distributor, with the Commission and
the Commission shall, without the
payment of any fee, immediately issue such importing distributor's
license to the applicant, which shall allow the importation of alcoholic
liquor by the licensee into this State from any point in the United
States outside this State, and the purchase of alcoholic liquor in
barrels, casks or other bulk containers and the bottling of such
alcoholic liquors before resale thereof, but all bottles or containers
so filled shall be sealed, labeled, stamped and otherwise made to comply
with all provisions, rules and regulations governing manufacturers in
the preparation and bottling of alcoholic liquors. The importing
distributor's license shall permit such licensee to purchase alcoholic
liquor from Illinois licensed non-resident dealers and foreign importers only. No person licensed as an importing distributor shall be granted a non-resident dealer's license. (d) A retailer's license shall allow the licensee to sell and offer
for sale at retail, only in the premises specified in the license,
alcoholic liquor for use or consumption, but not for resale in any form. Except as provided in Section 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to transfer or ship alcoholic liquor to the purchaser for use or consumption subject to any applicable local law or ordinance. For the purposes of this Section, "shipping" means the movement of alcoholic liquor from a licensed retailer to a consumer via a common carrier. Except as provided in Section 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to deliver alcoholic liquor to the purchaser for use or consumption. The delivery shall be made only within 12 hours from the time the alcoholic liquor leaves the licensed premises of the retailer for delivery. For the purposes of this Section, "delivery" means the movement of alcoholic liquor purchased from a licensed retailer to a consumer through the following methods: (1) delivery within licensed retailer's parking lot, | ||
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(2) delivery by an owner, officer, director, | ||
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(3) delivery by a third-party contractor, independent | ||
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Under subsection (1), (2), or (3), delivery shall not include the use of common carriers. Any retail license issued to a manufacturer shall only
permit the manufacturer to sell beer at retail on the premises actually
occupied by the manufacturer. For the purpose of further describing the type of business conducted at a retail licensed premises, a retailer's licensee may be designated by the State Commission as (i) an on premise consumption retailer, (ii) an off premise sale retailer, or (iii) a combined on premise consumption and off premise sale retailer.
Except for a municipality with a population of more than 1,000,000 inhabitants, a home rule unit may not regulate the delivery of alcoholic liquor inconsistent with this subsection. This paragraph is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. A non-home rule municipality may not regulate the delivery of alcoholic liquor inconsistent with this subsection. Notwithstanding any other provision of this subsection (d), a retail
licensee may sell alcoholic liquors to a special event retailer licensee for
resale to the extent permitted under subsection (e). (e) A special event retailer's license (not-for-profit) shall permit the
licensee to purchase alcoholic liquors from an Illinois licensed distributor
(unless the licensee purchases less than $500 of alcoholic liquors for the
special event, in which case the licensee may purchase the alcoholic liquors
from a licensed retailer) and shall allow the licensee to sell and offer for
sale, at retail, alcoholic liquors for use or consumption, but not for resale
in any form and only at the location and on the specific dates designated for
the special event in the license. An applicant for a special event retailer
license must
(i) furnish with the application: (A) a resale number issued under Section
2c of the Retailers' Occupation Tax Act or evidence that the applicant is
registered under Section 2a of the Retailers' Occupation Tax Act, (B) 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, in which event the Commission shall set forth on the special event
retailer's license a statement to that effect; (ii) submit with the application proof satisfactory to
the State Commission that the applicant will provide dram shop liability
insurance in the maximum limits; and (iii) show proof satisfactory to the
State Commission that the applicant has obtained local authority
approval. Nothing in this Act prohibits an Illinois licensed distributor from offering credit or a refund for unused, salable alcoholic liquors to a holder of a special event retailer's license or the special event retailer's licensee from accepting the credit or refund of alcoholic liquors at the conclusion of the event specified in the license. (f) A railroad license shall permit the licensee to import alcoholic
liquors into this State from any point in the United States outside this
State and to store such alcoholic liquors in this State; to make wholesale
purchases of alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from within or outside
this State; and to store such alcoholic liquors in this State; provided
that the above powers may be exercised only in connection with the
importation, purchase or storage of alcoholic liquors to be sold or
dispensed on a club, buffet, lounge or dining car operated on an electric,
gas or steam railway in this State; and provided further, that railroad
licensees exercising the above powers shall be subject to all provisions of
Article VIII of this Act as applied to importing distributors. A railroad
license shall also permit the licensee to sell or dispense alcoholic
liquors on any club, buffet, lounge or dining car operated on an electric,
gas or steam railway regularly operated by a common carrier in this State,
but shall not permit the sale for resale of any alcoholic liquors to any
licensee within this State. A license shall be obtained for each car in which
such sales are made. (g) A boat license shall allow the sale of alcoholic liquor in
individual drinks, on any passenger boat regularly operated as a common
carrier on navigable waters in this State or on any riverboat operated
under
the Illinois Gambling Act, which boat or riverboat maintains a public
dining room or restaurant thereon. (h) A non-beverage user's license shall allow the licensee to
purchase alcoholic liquor from a licensed manufacturer or importing
distributor, without the imposition of any tax upon the business of such
licensed manufacturer or importing distributor as to such alcoholic
liquor to be used by such licensee solely for the non-beverage purposes
set forth in subsection (a) of Section 8-1 of this Act, and
such licenses shall be divided and classified and shall permit the
purchase, possession and use of limited and stated quantities of
alcoholic liquor as follows:Class 1, not to exceed 500 gallonsClass 2, not to exceed 1,000 gallonsClass 3, not to exceed 5,000 gallonsClass 4, not to exceed 10,000 gallonsClass 5, not to exceed 50,000 gallons (i) A wine-maker's premises license shall allow a
licensee that concurrently holds a first-class wine-maker's license to sell
and offer for sale at retail in the premises specified in such license
not more than 50,000 gallons of the first-class wine-maker's wine that is
made at the first-class wine-maker's licensed premises per year for use or
consumption, but not for resale in any form. A wine-maker's premises
license shall allow a licensee who concurrently holds a second-class
wine-maker's license to sell and offer for sale at retail in the premises
specified in such license up to 100,000 gallons of the
second-class wine-maker's wine that is made at the second-class wine-maker's
licensed premises per year
for use or consumption but not for resale in any form. A first-class wine-maker that concurrently holds a class 1 brewer license or a class 1 craft distiller license shall not be eligible to hold a wine-maker's premises license. A wine-maker's premises license shall allow a
licensee that concurrently holds a first-class wine-maker's license or a second-class
wine-maker's license to sell
and offer for sale at retail at the premises specified in the wine-maker's premises license, for use or consumption but not for resale in any form, any beer, wine, and spirits purchased from a licensed distributor. Upon approval from the
State Commission, a wine-maker's premises license
shall allow the licensee to sell and offer for sale at (i) the wine-maker's
licensed premises and (ii) at up to 2 additional locations for use and
consumption and not for resale. Each location shall require additional
licensing per location as specified in Section 5-3 of this Act. A wine-maker's premises licensee 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.
(j) An airplane license shall permit the licensee to import
alcoholic liquors into this State from any point in the United States
outside this State and to store such alcoholic liquors in this State; to
make wholesale purchases of alcoholic liquors directly from
manufacturers, foreign importers, distributors and importing
distributors from within or outside this State; and to store such
alcoholic liquors in this State; provided that the above powers may be
exercised only in connection with the importation, purchase or storage
of alcoholic liquors to be sold or dispensed on an airplane; and
provided further, that airplane licensees exercising the above powers
shall be subject to all provisions of Article VIII of this Act as
applied to importing distributors. An airplane licensee shall also
permit the sale or dispensing of alcoholic liquors on any passenger
airplane regularly operated by a common carrier in this State, but shall
not permit the sale for resale of any alcoholic liquors to any licensee
within this State. A single airplane license shall be required of an
airline company if liquor service is provided on board aircraft in this
State. The annual fee for such license shall be as determined in
Section 5-3. (k) A foreign importer's license shall permit such licensee to purchase
alcoholic liquor from Illinois licensed non-resident dealers only, and to
import alcoholic liquor other than in bulk from any point outside the
United States and to sell such alcoholic liquor to Illinois licensed
importing distributors and to no one else in Illinois;
provided that (i) the foreign importer registers with the State Commission
every
brand of
alcoholic liquor that it proposes to sell to Illinois licensees during the
license period, (ii) the foreign importer complies with all of the provisions
of Section
6-9 of this Act with respect to registration of such Illinois licensees as may
be granted the
right to sell such brands at wholesale, and (iii) the foreign importer complies with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers. (l) (i) A broker's license shall be required of all persons
who solicit
orders for, offer to sell or offer to supply alcoholic liquor to
retailers in the State of Illinois, or who offer to retailers to ship or
cause to be shipped or to make contact with distillers, craft distillers, rectifiers,
brewers or manufacturers or any other party within or without the State
of Illinois in order that alcoholic liquors be shipped to a distributor,
importing distributor or foreign importer, whether such solicitation or
offer is consummated within or without the State of Illinois. No holder of a retailer's license issued by the Illinois Liquor
Control Commission shall purchase or receive any alcoholic liquor, the
order for which was solicited or offered for sale to such retailer by a
broker unless the broker is the holder of a valid broker's license. The broker shall, upon the acceptance by a retailer of the broker's
solicitation of an order or offer to sell or supply or deliver or have
delivered alcoholic liquors, promptly forward to the Illinois Liquor
Control Commission a notification of said transaction in such form as
the Commission may by regulations prescribe. (ii) A broker's license shall be required of
a person within this State, other than a retail licensee,
who, for a fee or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for
resale, to be shipped from this State and delivered to residents outside of
this State by an express company, common carrier, or contract carrier.
This Section does not apply to any person who promotes, solicits, or accepts
orders for wine as specifically authorized in Section 6-29 of this Act. A broker's license under this subsection (l)
shall not entitle the holder to
buy or sell any
alcoholic liquors for his own account or to take or deliver title to
such alcoholic liquors. This subsection (l)
shall not apply to distributors, employees of
distributors, or employees of a manufacturer who has registered the
trademark, brand or name of the alcoholic liquor pursuant to Section 6-9
of this Act, and who regularly sells such alcoholic liquor
in the State of Illinois only to its registrants thereunder. Any agent, representative, or person subject to registration pursuant to
subsection (a-1) of this Section shall not be eligible to receive a broker's
license. (m) A non-resident dealer's license shall permit such licensee to ship
into and warehouse alcoholic liquor into this State from any point
outside of this State, and to sell such alcoholic liquor to Illinois licensed
foreign importers and importing distributors and to no one else in this State;
provided that (i) said non-resident dealer shall register with the Illinois Liquor
Control Commission each and every brand of alcoholic liquor which it proposes
to sell to Illinois licensees during the license period, (ii) it shall comply with all of the provisions of Section 6-9 hereof with
respect to registration of such Illinois licensees as may be granted the right
to sell such brands at wholesale by duly filing such registration statement, thereby authorizing the non-resident dealer to proceed to sell such brands at wholesale, and (iii) the non-resident dealer shall comply with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers. No person licensed as a non-resident dealer shall be granted a distributor's or importing distributor's license. (n) A brew pub license shall allow the licensee to only (i) manufacture up to 155,000 gallons of beer per year only
on the premises specified in the license, (ii) make sales of the
beer manufactured on the premises or, with the approval of the Commission, beer manufactured on another brew pub licensed premises that is wholly owned and operated by the same licensee to importing distributors, distributors,
and to non-licensees for use and consumption, (iii) store the beer upon
the premises, (iv) sell and offer for sale at retail from the licensed
premises for off-premises
consumption no more than 155,000 gallons per year so long as such sales are only made in-person, (v) sell and offer for sale at retail for use and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor, (vi) with the prior approval of the Commission, annually transfer no more than 155,000 gallons of beer manufactured on the premises to a licensed brew pub wholly owned and operated by the same licensee, and (vii) notwithstanding item (i) of this subsection, brew pubs wholly owned and operated by the same licensee may combine each location's production limit of 155,000 gallons of beer per year and allocate the aggregate total between the wholly owned, operated, and licensed locations. A brew pub licensee shall not under any circumstance sell or offer for sale beer manufactured by the brew pub licensee to retail licensees. A person who holds a class 2 brewer license may simultaneously hold a brew pub license if the class 2 brewer (i) does not, under any circumstance, sell or offer for sale beer manufactured by the class 2 brewer to retail licensees; (ii) does not hold more than 3 brew pub licenses in this State; (iii) does not manufacture more than a combined 3,720,000 gallons of beer per year, including the beer manufactured at the brew pub; and (iv) is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year or any other alcoholic liquor. Notwithstanding any other provision of this Act, a licensed brewer, class 2 brewer, or non-resident dealer who before July 1, 2015 manufactured less than 3,720,000 gallons of beer per year and held a brew pub license on or before July 1, 2015 may (i) continue to qualify for and hold that brew pub license for the licensed premises and (ii) manufacture more than 3,720,000 gallons of beer per year and continue to qualify for and hold that brew pub license if that brewer, class 2 brewer, or non-resident dealer does not simultaneously hold a class 1 brewer license and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year or that produces any other alcoholic liquor. A brew pub licensee may apply for a class 3 brewer license and, upon meeting all applicable qualifications of this Act and relinquishing all commonly owned brew pub or retail licenses, shall be issued a class 3 brewer license. Nothing in this Act shall prohibit the issuance of a class 3 brewer license if the applicant: (1) has a valid retail license on or before May 1, | ||
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(2) has an ownership interest in at least two brew | ||
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(3) the brew pub licensee applies for a class 3 | ||
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(4) relinquishes all commonly owned retail licenses | ||
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If a brew pub licensee is issued a class 3 brewer license, the class 3 brewer license shall expire on the same date as the existing brew pub license and the State Commission shall not require a class 3 brewer licensee to obtain a brewer license, or in the alternative to pay a fee for a brewer license, until the date the brew pub license of the applicant would have expired. (o) A caterer retailer license shall allow the holder
to serve alcoholic liquors as an incidental part of a food service that serves
prepared meals which excludes the serving of snacks as
the primary meal, either on or off-site whether licensed or unlicensed. A caterer retailer license shall allow the holder, a distributor, or an importing distributor to transfer any inventory to and from the holder's retail premises and shall allow the holder to purchase alcoholic liquor from a distributor or importing distributor to be delivered directly to an off-site event. Nothing in this Act prohibits a distributor or importing distributor from offering credit or a refund for unused, salable beer to a holder of a caterer retailer license or a caterer retailer licensee from accepting a credit or refund for unused, salable beer, in the event an act of God is the sole reason an off-site event is cancelled and if: (i) the holder of a caterer retailer license has not transferred alcoholic liquor from its caterer retailer premises to an off-site location; (ii) the distributor or importing distributor offers the credit or refund for the unused, salable beer that it delivered to the off-site premises and not for any unused, salable beer that the distributor or importing distributor delivered to the caterer retailer's premises; and (iii) the unused, salable beer would likely spoil if transferred to the caterer retailer's premises. A caterer retailer license shall allow the holder to transfer any inventory from any off-site location to its caterer retailer premises at the conclusion of an off-site event or engage a distributor or importing distributor to transfer any inventory from any off-site location to its caterer retailer premises at the conclusion of an off-site event, provided that the distributor or importing distributor issues bona fide charges to the caterer retailer licensee for fuel, labor, and delivery and the distributor or importing distributor collects payment from the caterer retailer licensee prior to the distributor or importing distributor transferring inventory to the caterer retailer premises. For purposes of this subsection (o), an "act of God" means an unforeseeable event, such as a rain or snow storm, hail, a flood, or a similar event, that is the sole cause of the cancellation of an off-site, outdoor event. (p) An auction liquor license shall allow the licensee to sell and offer
for sale at auction wine and spirits for use or consumption, or for resale by
an Illinois liquor licensee in accordance with provisions of this Act. An
auction liquor license will be issued to a person and it will permit the
auction liquor licensee to hold the auction anywhere in the State. An auction
liquor license must be obtained for each auction at least 14 days in advance of
the auction date. (q) A special use permit license shall allow an Illinois licensed
retailer to transfer a portion of its alcoholic liquor inventory from its
retail licensed premises to the premises specified in the license hereby
created; to purchase alcoholic liquor from a distributor or importing distributor to be delivered directly to the location specified in the license hereby created; and to sell or offer for sale at retail, only in the premises
specified in the license hereby created, the transferred or delivered alcoholic liquor for
use or consumption, but not for resale in any form. A special use permit
license may be granted for the following time periods: one day or less; 2 or
more days to a maximum of 15 days per location in any 12-month period. An
applicant for the special use permit license must also submit with the
application proof satisfactory to the State Commission that the applicant will
provide dram shop liability insurance to the maximum limits and have local
authority approval. A special use permit license shall allow the holder to transfer any inventory from the holder's special use premises to its retail premises at the conclusion of the special use event or engage a distributor or importing distributor to transfer any inventory from the holder's special use premises to its retail premises at the conclusion of an off-site event, provided that the distributor or importing distributor issues bona fide charges to the special use permit licensee for fuel, labor, and delivery and the distributor or importing distributor collects payment from the retail licensee prior to the distributor or importing distributor transferring inventory to the retail premises. Nothing in this Act prohibits a distributor or importing distributor from offering credit or a refund for unused, salable beer to a special use permit licensee or a special use permit licensee from accepting a credit or refund for unused, salable beer at the conclusion of the event specified in the license if: (i) the holder of the special use permit license has not transferred alcoholic liquor from its retail licensed premises to the premises specified in the special use permit license; (ii) the distributor or importing distributor offers the credit or refund for the unused, salable beer that it delivered to the premises specified in the special use permit license and not for any unused, salable beer that the distributor or importing distributor delivered to the retailer's premises; and (iii) the unused, salable beer would likely spoil if transferred to the retailer premises. (r) A winery shipper's license shall allow a person
with a first-class or second-class wine manufacturer's
license, a first-class or second-class wine-maker's license,
or a limited wine manufacturer's license or who is licensed to
make wine under the laws of another state to ship wine
made by that licensee 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. Prior to receiving a
winery shipper's license, an applicant for the license must
provide the Commission with a true copy of its current
license in any state in which it is licensed as a manufacturer
of wine. An applicant for a winery shipper's license must
also complete an application form that provides any other
information the Commission deems necessary. The application form shall include all addresses from which the applicant for a winery shipper's license intends to ship wine, including the name and address of any third party, except for a common carrier, authorized to ship wine on behalf of the manufacturer. The
application form shall include an acknowledgement consenting
to the jurisdiction of the Commission, the Illinois
Department of Revenue, and the courts of this State concerning
the enforcement of this Act and any related laws, rules, and
regulations, including authorizing the Department of Revenue
and the Commission to conduct audits for the purpose of
ensuring compliance with Public Act 95-634, and an acknowledgement that the wine manufacturer is in compliance with Section 6-2 of this Act. Any third party, except for a common carrier, authorized to ship wine on behalf of a first-class or second-class wine manufacturer's licensee, a first-class or second-class wine-maker's licensee, a limited wine manufacturer's licensee, or a person who is licensed to make wine under the laws of another state shall also be disclosed by the winery shipper's licensee, and a copy of the written appointment of the third-party wine provider, except for a common carrier, to the wine manufacturer shall be filed with the State Commission as a supplement to the winery shipper's license application or any renewal thereof. The winery shipper's license holder shall affirm under penalty of perjury, as part of the winery shipper's license application or renewal, that he or she only ships wine, either directly or indirectly through a third-party provider, from the licensee's own production. Except for a common carrier, a third-party provider shipping wine on behalf of a winery shipper's license holder is the agent of the winery shipper's license holder and, as such, a winery shipper's license holder is responsible for the acts and omissions of the third-party provider acting on behalf of the license holder. A third-party provider, except for a common carrier, that engages in shipping wine into Illinois on behalf of a winery shipper's license holder shall consent to the jurisdiction of the State Commission and the State. Any third-party, except for a common carrier, holding such an appointment shall, by February 1 of each calendar year and upon request by the State Commission or the Department of Revenue, file with the State Commission a statement detailing each shipment made to an Illinois resident. The statement shall include the name and address of the third-party provider filing the statement, the time period covered by the statement, and the following information: (1) the name, address, and license number of the | ||
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(2) the quantity of the products delivered; and (3) the date and address of the shipment. If the Department of Revenue or the State Commission requests a statement under this paragraph, the third-party provider must provide that statement no later than 30 days after the request is made. Any books, records, supporting papers, and documents containing information and data relating to a statement under this paragraph shall be kept and preserved for a period of 3 years, unless their destruction sooner is authorized, in writing, by the Director of Revenue, and shall be open and available to inspection by the Director of Revenue or the State Commission or any duly authorized officer, agent, or employee of the State Commission or the Department of Revenue, at all times during business hours of the day. Any person who violates any provision of this paragraph or any rule of the State Commission for the administration and enforcement of the provisions of this paragraph is guilty of a Class C misdemeanor. In case of a continuing violation, each day's continuance thereof shall be a separate and distinct offense. The State Commission shall adopt rules as soon as practicable to implement the requirements of Public Act 99-904 and shall adopt rules prohibiting any such third-party appointment of a third-party provider, except for a common carrier, that has been deemed by the State Commission to have violated the provisions of this Act with regard to any winery shipper licensee. A winery shipper licensee must pay to the Department
of Revenue the State liquor gallonage tax under Section 8-1 for
all wine that is sold by the licensee and shipped to a person
in this State. For the purposes of Section 8-1, a winery
shipper licensee shall be taxed in the same manner as a
manufacturer of wine. A licensee who is not otherwise required to register under the Retailers' Occupation Tax Act must
register under the Use Tax Act to collect and remit use tax to
the Department of Revenue for all gallons of wine that are sold
by the licensee and shipped to persons in this State. If a
licensee fails to remit the tax imposed under this Act in
accordance with the provisions of Article VIII of this Act, the
winery shipper's license shall be revoked in accordance
with the provisions of Article VII of this Act. If a licensee
fails to properly register and remit tax under the Use Tax Act
or the Retailers' Occupation Tax Act for all wine that is sold
by the winery shipper and shipped to persons in this
State, the winery shipper's license shall be revoked in
accordance with the provisions of Article VII of this Act. A winery shipper licensee must collect, maintain, and
submit to the Commission on a semi-annual basis the
total number of cases per resident of wine shipped to residents
of this State.
A winery shipper licensed under this subsection (r)
must comply with the requirements of Section 6-29 of this Act. Pursuant to paragraph (5.1) or (5.3) of subsection (a) of Section 3-12, the State Commission may receive, respond to, and investigate any complaint and impose any of the remedies specified in paragraph (1) of subsection (a) of Section 3-12. As used in this subsection, "third-party provider" means any entity that provides fulfillment house services, including warehousing, packaging, distribution, order processing, or shipment of wine, but not the sale of wine, on behalf of a licensed winery shipper. (s) A craft distiller tasting permit license shall allow an Illinois licensed class 1 craft distiller or class 2 craft distiller to transfer a portion of its alcoholic liquor inventory from its class 1 craft distiller or class 2 craft distiller licensed premises to the premises specified in the license hereby created and to conduct a sampling, only in the premises specified in the license hereby created, of the transferred alcoholic liquor in accordance with subsection (c) of Section 6-31 of this Act. The transferred alcoholic liquor may not be sold or resold in any form. An applicant for the craft distiller tasting permit license must also submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance to the maximum limits and have local authority approval. (t) A brewer warehouse permit may be issued to the holder of a class 1 brewer license or a class 2 brewer license. If the holder of the permit is a class 1 brewer licensee, the brewer warehouse permit shall allow the holder to store or warehouse up to 930,000 gallons of tax-determined beer manufactured by the holder of the permit at the premises specified on the permit. If the holder of the permit is a class 2 brewer licensee, the brewer warehouse permit shall allow the holder to store or warehouse up to 3,720,000 gallons of tax-determined beer manufactured by the holder of the permit at the premises specified on the permit. Sales to non-licensees are prohibited at the premises specified in the brewer warehouse permit. (u) A distilling pub license shall allow the licensee to only (i) manufacture up to 5,000 gallons of spirits per year only on the premises specified in the license, (ii) make sales of the spirits manufactured on the premises or, with the approval of the State Commission, spirits manufactured on another distilling pub licensed premises that is wholly owned and operated by the same licensee to importing distributors and distributors and to non-licensees for use and consumption, (iii) store the spirits upon the premises, (iv) sell and offer for sale at retail from the licensed premises for off-premises consumption no more than 5,000 gallons per year so long as such sales are only made in-person, (v) sell and offer for sale at retail for use and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor, and (vi) with the prior approval of the State Commission, annually transfer no more than 5,000 gallons of spirits manufactured on the premises to a licensed distilling pub wholly owned and operated by the same licensee. A distilling pub licensee shall not under any circumstance sell or offer for sale spirits manufactured by the distilling pub licensee to retail licensees. A person who holds a class 2 craft distiller license may simultaneously hold a distilling pub license if the class 2 craft distiller (i) does not, under any circumstance, sell or offer for sale spirits manufactured by the class 2 craft distiller to retail licensees; (ii) does not hold more than 3 distilling pub licenses in this State; (iii) does not manufacture more than a combined 100,000 gallons of spirits per year, including the spirits manufactured at the distilling pub; and (iv) is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year or any other alcoholic liquor. (v) A craft distiller warehouse permit may be issued to the holder of a class 1 craft distiller or class 2 craft distiller license. The craft distiller warehouse permit shall allow the holder to store or warehouse up to 500,000 gallons of spirits manufactured by the holder of the permit at the premises specified on the permit. Sales to non-licensees are prohibited at the premises specified in the craft distiller warehouse permit. (w) A beer showcase permit license shall allow an Illinois-licensed distributor to transfer a portion of its beer inventory from its licensed premises to the premises specified in the beer showcase permit license, and, in the case of a class 3 brewer, transfer only beer the class 3 brewer manufactures from its licensed premises to the premises specified in the beer showcase permit license; and to sell or offer for sale at retail, only in the premises specified in the beer showcase permit license, the transferred or delivered beer for on or off premise consumption, but not for resale in any form and to sell to non-licensees not more than 96 fluid ounces of beer per person. A beer showcase permit license may be granted for the following time periods: one day or less; or 2 or more days to a maximum of 15 days per location in any 12-month period. An applicant for a beer showcase permit license must also submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance to the maximum limits and have local authority approval. The State Commission shall require the beer showcase applicant to comply with Section 6-27.1. (Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; 101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. 8-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22; 102-442, eff. 8-20-21; 102-1142, eff. 2-17-23.) |
(235 ILCS 5/5-2) (from Ch. 43, par. 117)
Sec. 5-2. All licenses, except a non-beverage user's, a special use
permit, and a special event retailer's license, issued by the State Commission,
shall be valid from the date of issuance through the last day of the eleventh
month that begins after the month in which the license is issued unless sooner revoked or suspended as
provided in this Act. A non-beverage user's license shall
expire only when the quantity of alcoholic liquor which may be purchased under
it has been exhausted. A special use permit license and a special event
retailer's license (not-for-profit) shall be issued for a specific time period,
not to exceed 15 days per licensee per location in any 12 month period.
Licenses shall state thereon the class to which they belong, the names of the
licensees and the addresses and description of the premises for which they are
granted, or in the case of caterer retailers, auctions, railroads, airplanes
and boats, a designation thereof by number or name; and shall state the dates
of their issuance and expiration.
(Source: P.A. 93-627, eff. 6-1-04.)
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(235 ILCS 5/5-3) (from Ch. 43, par. 118) (Text of Section from P.A. 102-1142) Sec. 5-3. License fees. Except as otherwise provided herein, at the time application is made to the State Commission for a license of any class, the applicant shall pay to the State Commission the fee hereinafter provided for the kind of license applied for. The fee for licenses issued by the State Commission shall be as follows: | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Fees collected under this Section shall be paid into the Dram Shop Fund. On and after July 1, 2003 and until June 30, 2016, of the funds received for a retailer's license, in addition to the first $175, an additional $75 shall be paid into the Dram Shop Fund, and $250 shall be paid into the General Revenue Fund. On and after June 30, 2016, one-half of the funds received for a retailer's license shall be paid into the Dram Shop Fund and one-half of the funds received for a retailer's license shall be paid into the General Revenue Fund. Beginning June 30, 1990 and on June 30 of each subsequent year through June 29, 2003, any balance over $5,000,000 remaining in the Dram Shop Fund shall be credited to State liquor licensees and applied against their fees for State liquor licenses for the following year. The amount credited to each licensee shall be a proportion of the balance in the Dram Fund that is the same as the proportion of the license fee paid by the licensee under this Section for the period in which the balance was accumulated to the aggregate fees paid by all licensees during that period. No fee shall be paid for licenses issued by the State Commission to the following non-beverage users: (a) Hospitals, sanitariums, or clinics when their use | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(c) Laboratories when their use is exclusively for | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(Source: P.A. 101-482, eff. 8-23-19; 101-615, eff. 12-20-19; 102-442, eff. 8-20-21; 102-558, eff. 8-20-21; 102-1142, eff. 2-17-23.) (Text of Section from P.A. 103-154) Sec. 5-3. License fees. Except as otherwise provided herein, at the time application is made to the State Commission for a license of any class, the applicant shall pay to the State Commission the fee hereinafter provided for the kind of license applied for. The fee for licenses issued by the State Commission shall be as follows: | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Fees collected under this Section shall be paid into the Dram Shop Fund. The State Commission shall waive license renewal fees for those retailers' licenses that are designated as "1A" by the State Commission and expire on or after July 1, 2022, and on or before June 30, 2023. One-half of the funds received for a retailer's license shall be paid into the Dram Shop Fund and one-half of the funds received for a retailer's license shall be paid into the General Revenue Fund. No fee shall be paid for licenses issued by the State Commission to the following non-beverage users: (a) Hospitals, sanitariums, or clinics when their use | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(c) Laboratories when their use is exclusively for | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(Source: P.A. 102-442, eff. 8-20-21; 102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 103-154, eff. 6-30-23.) |
(235 ILCS 5/5-4) (from Ch. 43, par. 118.1)
Sec. 5-4.
Duplicate license; fee.
In the event of the loss or
destruction of a license issued
pursuant to this Article the State Commission, upon written application
stating such fact and accompanied by the required fee, shall issue a
duplicate of such license. A duplicate license must also be obtained if a
licensee is transferring a license pursuant to Section 7-14. The fee for
the issuance of a duplicate
license shall be $12 if the original license fee was $200 or less,
and $24 if the original license fee was more than $200.
(Source: P.A. 88-91; 89-250, eff. 1-1-96.)
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(235 ILCS 5/5-5)
Sec. 5-5. Late filing fees. In the event that a liquor license holder
fails to submit a license renewal application to the Commission before or on
the expiration date of the current license, the licensee will be assessed a
late filing fee of $25. Late applications and instruments of payment will be
returned to the licensee. Late filing fees will be in addition to any fines or
penalties ordered for operating without a valid license.
Late filing fees shall not apply to a liquor license holder whose business or business operations have been suspended in any capacity due to any executive order issued on or after March 16, 2020 or any subsequent rule established by the Department of Public Health or any other agency of the State as a result of COVID-19. The late filing fee waiver shall remain in effect for 6 months after whichever of the following dates occurs the latest: (1) the day on which the region in which the liquor | ||
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(2) the day after the expiration of the latest | ||
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(3) the day after the expiration of any rules | ||
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(Source: P.A. 101-631, eff. 6-2-20.)
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(235 ILCS 5/5-6)
Sec. 5-6. FDA grant funds. Grant funds received from the Food and Drug
Administration of the U.S. Department of Health and Human Services for
conducting unannounced investigations of Illinois tobacco vendors shall be
deposited into the Dram Shop Fund until June 30, 2018.
(Source: P.A. 100-1012, eff. 8-21-18.)
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(235 ILCS 5/5-7) Sec. 5-7. Temporary liquor license fee deferral. A liquor license holder whose business or business operations have been suspended in any capacity due to any executive order issued on or after March 16, 2020 or any subsequent rule established by the Department of Public Health or any other agency of the State as a result of COVID-19 shall be allowed to defer liquor license fees under this Section. The liquor license holder shall be allowed to defer the payment of liquor license fees for 6 months after whichever of the following dates occurs the latest: (1) the day on which the region in which the liquor | ||
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(2) the day after the expiration of the latest | ||
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(3) the day after the expiration of any rules | ||
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(Source: P.A. 101-631, eff. 6-2-20.) |
(235 ILCS 5/Art. VI heading) ARTICLE VI.
GENERAL PROVISIONS
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(235 ILCS 5/6-1) (from Ch. 43, par. 119)
Sec. 6-1. Privilege granted by license; nature as to property;
transferability; tax
delinquencies. A license shall be purely a personal privilege, good for not
to exceed one year after issuance, except a non-beverage user's license,
unless sooner revoked as in this Act provided, and shall not constitute
property, nor shall it be subject to attachment, garnishment or
execution, nor shall it be alienable or transferable, voluntarily or
involuntarily, or subject to being encumbered or hypothecated. Such
license shall not descend by the laws of testate or intestate
devolution, but it shall cease upon the death of the licensee, provided
that executors or administrators of the estate of any deceased licensee,
and the trustee of any insolvent or bankrupt licensee, when such estate
consists in part of alcoholic liquor, may continue the business of the
sale or manufacture of alcoholic liquor under order of the appropriate
court, and may exercise the privileges of the deceased or insolvent or
bankrupt licensee after the death of such decedent, or such insolvency
or bankruptcy until the expiration of such license but not longer than
six months after the death, bankruptcy or insolvency of such licensee.
Except in the case of a non-beverage user's license, a refund shall be
made of that portion of the license fees paid for any period in which
the licensee shall be prevented from operating under such license in
accordance with the provisions of this paragraph.
Any licensee may renew his license at the expiration thereof,
provided he is then qualified to receive a license and the premises for
which such renewal license is sought are suitable for such purpose; and
provided further that the renewal privilege herein provided for shall
not be construed as a vested right which shall in any case prevent the
city council or village president and board of trustees or county board,
as the case may be, from decreasing the number of licenses to be issued
within its jurisdiction. No retailer's license shall be renewed if the
Department of Revenue has reported to the Illinois Liquor Control
Commission that such retailer is delinquent in filing any required tax
returns or paying any amounts owed to the State of Illinois until the
applicant is issued a certificate by the Department of Revenue stating that
all delinquent returns or amounts owed have been paid by guaranteed
remittance or the payment agreement to pay all amounts owed has been
accepted by the Department. No retailer's license issued by a local liquor
control commissioner shall be renewed unless the applicant provides
documentation that any tax owed to (i) the municipality in which the
applicant is located (in the case of a license issued by the mayor or
president of the board of trustees of a city, village or incorporated town
acting as local liquor control commissioner) or (ii) the county in which
the applicant is located (in the case of a license issued by the president
or chairman of a county board acting as local liquor control commissioner)
by the applicant has been satisfied by payment in the form of a cashier's
check, certified check, money order, or cash.
For a liquor license holder whose business or business operations have been suspended in any capacity due to any executive order issued on or after March 16, 2020 or any subsequent rule established by the Department of Public Health or any other agency of the State as a result of COVID-19, renewal of the license shall be automatically approved and the license shall be extended without limitation for 120 days after whichever of the following dates occurs the latest: (1) the day on which the region in which the liquor | ||
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(2) the day after the expiration of the latest | ||
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(3) the day after the expiration of any rules | ||
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The renewal shall be based upon the most recent liquor license application or application for renewal that was approved and received by the State Commission prior to the limitations or interruptions implemented by the Executive Order on March 16, 2020. A negotiable instrument received as payment for a license fee, transfer
fee, late fee, offer in compromise, pre-disciplinary conference settlement, or
fine imposed by order that is dishonored on presentation shall not be
considered
payment and shall be cause for disciplinary action.
(Source: P.A. 101-631, eff. 6-2-20.)
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(235 ILCS 5/6-1.5) Sec. 6-1.5. Three-tier regulatory system; public policy and rule of statutory construction. The General Assembly hereby restates that it is the policy of this State that the primary purpose of this Act is to protect the health, safety, and welfare of this State through the sound and careful control and regulation of the manufacture, distribution, and sale of alcoholic liquor through a 3-tier regulatory system. To ensure and maintain a 3-tier regulatory system, the General Assembly finds that it is the obligation and duty of the State Commission to construe the provisions of this Act in a manner that conforms to State policy and this Act's primary purpose as articulated in this Section and to exercise its statutory authority in a manner consistent with that purpose whether or not the provisions of this Act are unambiguous or capable of one or more reasonable constructions.
(Source: P.A. 98-21, eff. 6-13-13.) |
(235 ILCS 5/6-2) (from Ch. 43, par. 120)
Sec. 6-2. Issuance of licenses to certain persons prohibited.
(a) Except as otherwise provided in subsection (b) of this Section and in paragraph (1) of subsection (a) of Section 3-12, no license
of any kind issued by the State Commission or any local
commission shall be issued to:
(1) A person who is not a resident of any city, | ||
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(2) A person who is not of good character and | ||
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(3) (Blank).
(4) A person who has been convicted of a felony under | ||
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(5) A person who has been convicted of keeping a | ||
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(6) A person who has been convicted of pandering.
(7) A person whose license issued under this Act has | ||
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(8) A person who at the time of application for | ||
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(9) A copartnership, if any general partnership | ||
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(10) A corporation or limited liability company, if | ||
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(10a) A corporation or limited liability company | ||
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(11) A person whose place of business is conducted by | ||
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(12) A person who has been convicted of a violation | ||
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(13) A person who does not beneficially own the | ||
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(14) Any law enforcing public official, including | ||
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(15) A person who is not a beneficial owner of the | ||
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(16) A person who has been convicted of a gambling | ||
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(17) A person or entity to whom a federal wagering | ||
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(18) A person who intends to sell alcoholic liquors | ||
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(19) A person who is licensed by any licensing | ||
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(20) A person who is licensed in this State as a | ||
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(b) A criminal conviction of a corporation is not grounds for the
denial, suspension, or revocation of a license applied for or held by the
corporation if the criminal conviction was not the result of a violation of any
federal or State law concerning the manufacture, possession or sale of
alcoholic liquor, the offense that led to the conviction did not result in any
financial gain to the corporation and the corporation has terminated its
relationship with each director, officer, employee, or controlling shareholder
whose actions directly contributed to the conviction of the corporation. The
Commission shall determine if all provisions of this subsection (b) have been
met before any action on the corporation's license is initiated.
(Source: P.A. 101-541, eff. 8-23-19; 102-15, eff. 6-17-21.)
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(235 ILCS 5/6-2.5) Sec. 6-2.5. Applicant convictions. (a) The Commission shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for a license under this Act: (1) Juvenile adjudications of delinquent minors as | ||
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(2) Law enforcement records, court records, and | ||
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(3) Records of arrest not followed by a conviction. (4) Convictions overturned by a higher court. (5) Convictions or arrests that have been sealed or | ||
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(b) The Commission, upon a finding that an applicant for a license was convicted of a felony or a violation of any federal or State law concerning the manufacture, possession or sale of alcoholic liquor, shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record, including any of the following factors and evidence, to determine if the conviction will impair the ability of the applicant to engage in the position for which a license is sought: (1) the lack of direct relation of the offense for | ||
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(2) whether 5 years since a felony conviction or 3 | ||
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(3) if the applicant was previously licensed or | ||
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(4) the age of the person at the time of the criminal | ||
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(5) successful completion of sentence and, for | ||
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(6) evidence of the applicant's present fitness and | ||
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(7) evidence of rehabilitation or rehabilitative | ||
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(8) any other mitigating factors that contribute to | ||
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(c) If the Commission refuses to issue a license to an applicant, then the Commission shall notify the applicant of the denial in writing with the following included in the notice of denial: (1) a statement about the decision to refuse to issue | ||
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(2) a list of the convictions that the Commission | ||
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(3) a list of convictions that formed the sole or | ||
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(4) a summary of the appeal process or the earliest | ||
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(d) No later than May 1 of each year, the Commission must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal license applications during the preceding calendar year. Each report shall show, at a minimum: (1) the number of applicants for a new or renewal | ||
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(2) the number of applicants for a new or renewal | ||
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(3) the number of applicants for a new or renewal | ||
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(4) the number of applicants for a new or renewal | ||
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(5) the number of applicants for a new or renewal | ||
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(6) the number of applicants for a new or renewal | ||
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(Source: P.A. 100-286, eff. 1-1-18.) |
(235 ILCS 5/6-3) (from Ch. 43, par. 120a)
Sec. 6-3.
Violation of tax Acts; refusal, revocation, or suspension of
license.
(a) In addition to other grounds specified in this Act, the State
Commission or the local liquor control commissioner, on complaint of the
Department, shall refuse the issuance or renewal of a license, or
suspend or revoke the license, of any person, for any of
the following violations of any tax Act administered by the Department:
1. Failure to make a tax return.
2. The filing of a fraudulent return.
3. Failure to pay all or part of any tax or penalty | ||
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4. Failure to keep books and records.
5. Failure to secure and display a certificate or | ||
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6. Wilful violation of any rule or regulation of the | ||
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(b) Upon receiving notice from the Department that a violation of any of
items 1 through 6 of subsection (a) have been corrected or otherwise resolved
to the Department's satisfaction, the Commission may vacate an Order of
Revocation.
(Source: P.A. 89-250, eff. 1-1-96.)
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(235 ILCS 5/6-4) (from Ch. 43, par. 121)
Sec. 6-4. (a) No person licensed by any licensing authority as a
distiller, or a wine manufacturer, or any subsidiary or affiliate
thereof, or any officer, associate, member, partner, representative,
employee, agent or shareholder owning more than 5% of the outstanding
shares of such person shall be issued an importing distributor's or
distributor's license, nor shall any person licensed by any licensing
authority as an importing distributor, distributor or retailer, or any
subsidiary or affiliate thereof, or any officer or associate, member,
partner, representative, employee, agent or shareholder owning more than
5% of the outstanding shares of such person be issued a distiller's
license, a craft distiller's license, or a wine manufacturer's license; and no person or persons
licensed as a distiller, craft distiller, class 1 craft distiller, or class 2 craft distiller by any licensing authority shall have any
interest, directly or indirectly, with such distributor or importing
distributor.
However, an importing distributor or distributor, which on January
1, 1985 is owned by a brewer, or any subsidiary or affiliate thereof or any
officer, associate, member, partner, representative, employee, agent or
shareholder owning more than 5% of the outstanding shares of the importing
distributor or distributor referred to in this paragraph, may own or
acquire an ownership interest of more than 5% of the outstanding shares of
a wine manufacturer and be issued a wine
manufacturer's license by any licensing authority.
(b) The foregoing provisions shall not apply to any person licensed
by any licensing authority as a distiller or wine manufacturer, or to
any subsidiary or affiliate of any distiller or wine manufacturer who
shall have been heretofore licensed by the State Commission as either an
importing distributor or distributor during the annual licensing period
expiring June 30, 1947, and shall actually have made sales regularly to
retailers.
(c) Provided, however, that in such instances where a distributor's
or importing distributor's license has been issued to any distiller or
wine manufacturer or to any subsidiary or affiliate of any distiller or
wine manufacturer who has, during the licensing period ending June 30,
1947, sold or distributed as such licensed distributor or importing
distributor alcoholic liquors and wines to retailers, such distiller or
wine manufacturer or any subsidiary or affiliate of any distiller or
wine manufacturer holding such distributor's or importing distributor's
license may continue to sell or distribute to retailers such alcoholic
liquors and wines which are manufactured, distilled, processed or
marketed by distillers and wine manufacturers whose products it sold or
distributed to retailers during the whole or any part of its licensing
periods; and such additional brands and additional products may be added
to the line of such distributor or importing distributor, provided, that
such brands and such products were not sold or distributed by any
distributor or importing distributor licensed by the State Commission
during the licensing period ending June 30, 1947, but can not sell or
distribute to retailers any other alcoholic liquors or wines.
(d) It shall be unlawful for any distiller licensed anywhere to have
any stock ownership or interest in any distributor's or importing
distributor's license wherein any other person has an interest therein
who is not a distiller and does not own more than 5% of any stock in any
distillery. Nothing herein contained shall apply to such distillers or
their subsidiaries or affiliates, who had a distributor's or importing
distributor's license during the licensing period ending June 30, 1947,
which license was owned in whole by such distiller, or subsidiaries or
affiliates of such distiller.
(e) Any person licensed as a brewer, class 1 brewer, or class 2 brewer shall be
permitted to sell on the licensed premises to non-licensees for on or off-premises consumption for the premises in which he
or she actually conducts such business: (i) beer manufactured by the brewer, class 1 brewer, class 2 brewer, or class 3 brewer; (ii) beer manufactured by any other brewer, class 1 brewer, class 2 brewer, or class 3 brewer; and (iii) cider or mead. Any person licensed as a class 3 brewer shall be permitted to sell on the licensed premises to non-licensees for on or off premises consumption for the premises in which he or she actually conducts such business: (i) beer manufactured by the class 3 brewer on the premises; (ii) beer manufactured by any other brewer, class 1 brewer, class 2 brewer, or class 3 brewer; and (iii) cider, wine, and spirits. All products sold under this subsection that are not manufactured on premises must be purchased through a licensed distributor, importing distributor, or manufacturer with self-distribution privileges. Such sales shall be limited to on-premises, in-person sales only, for lawful consumption on or off premises. Such authorization shall be considered a privilege granted by the brewer license and, other than a manufacturer of beer
as stated above, no manufacturer or distributor or importing
distributor, excluding airplane licensees exercising powers provided in
paragraph (i) of Section 5-1 of this Act, or any subsidiary or affiliate
thereof, or any officer,
associate, member, partner, representative, employee or agent, or
shareholder shall be issued a retailer's license, nor shall any person
having a retailer's license, excluding airplane licensees exercising powers
provided in paragraph (i) of Section 5-1 of this
Act, or any subsidiary or affiliate thereof, or
any officer, associate, member, partner, representative or agent, or
shareholder be issued a manufacturer's license or importing distributor's
license.
A manufacturer of beer that imports or transfers beer into this State must comply with Sections 6-8 and 8-1 of this Act. A person who holds a class 2 brewer license and is authorized by this Section to sell beer to non-licensees shall not sell beer to non-licensees from more than 3 total brewer or commonly owned brew pub licensed locations in this State. The class 2 brewer shall designate to the State Commission the brewer or brew pub locations from which it will sell beer to non-licensees. A person licensed as a class 1 craft distiller or a class 2 craft distiller, including a person who holds more than one class 1 craft distiller or class 2 craft distiller license, not affiliated with any other person manufacturing spirits may be authorized by the State Commission to sell (1) up to 5,000 gallons of spirits produced by the person to non-licensees for on or off-premises consumption for the premises in which he or she actually conducts business permitting only the retail sale of spirits manufactured at such premises and (2) vermouth purchased through a licensed distributor for on-premises consumption. Such sales shall be limited to on-premises, in-person sales only, for lawful consumption on or off premises, and such authorization shall be considered a privilege granted by the class 1 craft distiller or class 2 craft distiller license. A class 1 craft distiller or class 2 craft distiller licensed for retail sale 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. A class 1 craft distiller or class 2 craft distiller license holder shall not deliver any alcoholic liquor to any non-licensee off the licensed premises. A class 1 craft distiller or class 2 craft distiller shall affirm in its annual license application that it does not produce more than 50,000 or 100,000 gallons of distilled spirits annually, whichever is applicable, and that the craft distiller does not sell more than 5,000 gallons of spirits to non-licensees for on or off-premises consumption. In the application, which shall be sworn under penalty of perjury, the class 1 craft distiller or class 2 craft distiller shall state the volume of production and sales for each year since the class 1 craft distiller's or class 2 craft distiller's establishment. A person who holds a class 1 craft distiller or class 2 craft distiller license and is authorized by this Section to sell spirits to non-licensees shall not sell spirits to non-licensees from more than 3 total distillery or commonly owned distilling pub licensed locations in this State. The class 1 craft distiller or class 2 craft distiller shall designate to the State Commission the distillery or distilling pub locations from which it will sell spirits to non-licensees. (f) (Blank).
(g) Notwithstanding any of the foregoing prohibitions, a limited wine
manufacturer may sell at retail at its manufacturing site for on or off
premises consumption and may sell to distributors. A limited wine manufacturer licensee
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.
(h) The changes made to this Section by Public Act 99-47 shall not diminish or impair the rights of any person, whether a distiller, wine manufacturer, agent, or affiliate thereof, who requested in writing and submitted documentation to the State Commission on or before February 18, 2015 to be approved for a retail license pursuant to what has heretofore been subsection (f); provided that, on or before that date, the State Commission considered the intent of that person to apply for the retail license under that subsection and, by recorded vote, the State Commission approved a resolution indicating that such a license application could be lawfully approved upon that person duly filing a formal application for a retail license and if that person, within 90 days of the State Commission appearance and recorded vote, first filed an application with the appropriate local commission, which application was subsequently approved by the appropriate local commission prior to consideration by the State Commission of that person's application for a retail license. It is further provided that the State Commission may approve the person's application for a retail license or renewals of such license if such person continues to diligently adhere to all representations made in writing to the State Commission on or before February 18, 2015, or thereafter, or in the affidavit filed by that person with the State Commission to support the issuance of a retail license and to abide by all applicable laws and duly adopted rules. (i) Notwithstanding any other provision of this Act, the common ownership of a brewery, winery, or a distillery shall not authorize the grant of and aggregation of retail privileges granted to any person or licensees in subsection (e). Any person or licensee with common ownership in a brewery, winery, or a distillery shall be limited to the retail privileges granted to only one of the commonly owned brewery, winery, or distillery. The State Commission is hereby authorized to restrict the locations of any commonly owned brewery, winery, or distillery to prevent the expansion of retail privileges, including, without limitation, restricting a commonly owned brewery, winery, or distillery from operating in adjacent licensed premises or restricting self-distribution privileges. (Source: P.A. 101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-615, eff. 12-20-19; 102-442, eff. 8-20-21.)
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(235 ILCS 5/6-4.5) Sec. 6-4.5. Prohibited ownership interests in a distributor, importing distributor, manufacturer of beer, or non-resident dealer. (a) The General Assembly finds, consistent with Section 6-1.5, that the 3-tier regulatory system is designed to prevent a manufacturer of beer as described in paragraph (19) of subsection (a) of Section 6-2 from exercising vertical integration between a manufacturer of beer and a distributor or importing distributor through any ownership interest, or through control of the distributor or importing distributor. The General Assembly further finds, consistent with Section 6-1.5, that the 3-tier regulatory system is designed to prevent a distributor or importing distributor as described in paragraph (20) of subsection (a) of Section 6-2 from having any ownership interest in a manufacturer of beer as described in paragraph (20) of subsection (a) of Section 6-2 except for the ownership of no more than 5% of the outstanding shares of a manufacturer of beer whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934. The General Assembly further finds that it is necessary to have the State Commission undertake an expedited investigation, in accordance with procedural due process, to determine whether any existing manufacturer of beer described in paragraph (19) of subsection (a) of Section 6-2 or any existing distributor or importing distributor described in paragraph (20) of subsection (a) of Section 6-2 owns a prohibited ownership interest, and an orderly process by which an existing manufacturer of beer, distributor, or importing distributor may divest itself of or sever the prohibited ownership interest by no later than January 1, 2015. (b) Notwithstanding any provision of this Act to the contrary, no person licensed as a manufacturer of beer as described in paragraph (19) of subsection (a) of Section 6-2 shall have any prohibited ownership interest, directly or indirectly, in a person licensed as a distributor or importing distributor. Any person who holds a prohibited ownership interest in a person licensed as a distributor or importing distributor prior to this amendatory Act of the 98th General Assembly shall, in accordance with paragraph (19) of subsection (a) of Section 6-2, be ineligible to receive or hold any license issued by the State Commission, unless that person complies with the provisions of this Section. (c) Notwithstanding any provision of this Act to the contrary, no person licensed in this State as a distributor or importing distributor as described in paragraph (20) of subsection (a) of Section 6-2 shall have any prohibited ownership interest, directly or indirectly, in a person licensed as a manufacturer of beer as described in paragraph (20) of subsection (a) of Section 6-2. Any person who holds an interest in a person licensed as a distributor or importing distributor in this State prior to this amendatory Act of the 98th General Assembly shall, in accordance with paragraph (20) of subsection (a) of Section 6-2, be ineligible to receive or hold a license by the State Commission, unless the person complies with the provisions of this Section. This subsection (c) shall not apply to a person who owns, on or after the effective date of this amendatory Act of the 98th General Assembly, no more than 5% of the outstanding shares of a manufacturer of beer whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934. (d) Within 30 days after the effective date of this amendatory Act of the 98th General Assembly, the State Commission shall notify in writing all persons licensed by the State Commission as a manufacturer of beer, as described in paragraph (19) of subsection (a) of Section 6-2 of the prohibited ownership interest provision set forth in subsection (b) of this Section and paragraph (19) of subsection (a) of Section 6-2. Also within 30 days after the effective date of this amendatory Act of the 98th General Assembly, the State Commission shall notify in writing all persons licensed by the State Commission as a distributor or importing distributor of the prohibited ownership interest provision set forth in subsection (c) of this Section and paragraph (20) of subsection (a) of Section 6-2. The notice provided by the State Commission shall also state for a manufacturer of beer, as described in paragraph (19) of subsection (a) of Section 6-2, that it is required to disclose in writing any ownership interest it directly or indirectly possesses in a distributor or importing distributor, as described in paragraph (20) of subsection (a) of Section 6-2, the type and amount of ownership interest possessed by it, the length of time the manufacturer of beer has held the ownership interest in the distributor or importing distributor, and any other information specified by the State Commission in its written notice. The notice provided by the State Commission shall also state for a distributor or importing distributor, as described in paragraph (20) of subsection (a) of Section 6-2, that it is required to disclose in writing any ownership interest it directly or indirectly possesses in a manufacturer of beer, as described in paragraph (19) of subsection (a) of Section 6-2, the type and amount of ownership interest possessed by it, the length of time the manufacturer of beer has held the ownership interest in the distributor or importing distributor, and any other information specified by the State Commission in its written notice. (e) Within 60 days after the effective date of this amendatory Act of the 98th General Assembly, each manufacturer of beer, distributor, or importing distributor subject to notification under subsection (d) of this Section shall disclose in writing and under oath the relevant ownership interest and other required information specified in the notification provided by the State Commission pursuant to that subsection. The written disclosure shall, as a mandatory obligation, be tendered to the State Commission by either personal service or via certified or registered mail at the State Commission's Springfield or Chicago office on or before the 60th day during regular business hours. Failure to tender the required written disclosure shall result in the immediate entry of an order by the State Commission suspending the licensee's license within 5 days after the 60th day, and the initiation of proceedings by the State Commission to enter an order to permanently revoke the licensee's license no later than 45 days after providing the licensee with notice and an opportunity for a hearing. Whenever the State Commission has reason to believe that a person has failed to comply with the Commission notice under this Section, it shall notify the Department of Revenue and the Attorney General, and shall file a complaint with the State's Attorney of the county where the alcoholic liquor was delivered or with appropriate law enforcement officials. Failure to make the written disclosure required under this subsection shall constitute a business offense for which the person shall be fined not more than $5,000 for a first offense, not more than $10,000 for a second offense, and not more than $15,000 for a third or subsequent offense. (f) Within 180 days after the effective date of this amendatory Act of the 98th General Assembly, the State Commission shall review each of the disclosures tendered to the State Commission by licensees pursuant to subsection (e) and enter an order determining whether or not each licensee is in compliance with subsection (b) or (c) of this Section, whichever is applicable, after providing each licensee with notice and an opportunity for a hearing. As part of making its determination, the State Commission shall also consider any information otherwise admissible under Section 10-40 of the Illinois Administrative Procedure Act. (g) If the State Commission determines, based on a preponderance of record evidence, that a manufacturer of beer, distributor, or importing distributor has no prohibited ownership interest in a licensee in violation of subsection (b) or (c) of this Section, then the State Commission shall enter an order finding that the manufacturer of beer, distributor, or importing distributor is in compliance with this Section, record the matter as closed, and serve a copy of the order of compliance on the licensee and each person with an ownership interest in the licensee. If the State Commission determines, based on a preponderance of record evidence, that a manufacturer of beer, as described in paragraph (19) of subsection (a) of Section 6-2, has a prohibited ownership interest as set forth in subsection (b) of this Section, then the State Commission shall enter an order finding that the manufacturer of beer is not in compliance with this Section and that the manufacturer of beer shall divest itself of that interest on or before January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act. In addition, the State Commission shall find that the relevant distributor or importing distributor is not in compliance with this Section and that the distributor or importing distributor is required to sever the prohibited ownership interest possessed by the relevant manufacturer of beer on or before January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act. If the State Commission determines, based on a preponderance of record evidence, that a distributor or importing distributor, as described in paragraph (20) of subsection (a) of Section 6-2, has a prohibited ownership interest as set forth in subsection (c) of this Section, then the State Commission shall enter an order finding that the relevant distributor or importing distributor is not in compliance with this Section and that the relevant distributor or importing distributor shall divest itself of that interest on or before January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act. In addition, the State Commission shall find that the manufacturer of beer is not in compliance with this Section and that the manufacturer of beer shall sever the prohibited ownership interest possessed by the distributor or importing distributor on or before January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act. The State Commission's order shall further find that the continued ownership of the prohibited ownership interest beyond January 1, 2015 by the manufacturer of beer, distributor, or importing distributor is against the public interest and a violation of this Section and Section 6-1.5 of the Act. The State Commission's order shall further find for a manufacturer of beer, as described in paragraph (19) of subsection (a) of Section 6-2, found in non-compliance with subsection (b) of this Section that its license is revoked on January 16, 2015 as to the transport, transfer, or sale of any alcoholic liquor to the relevant distributor or importing distributor that the manufacturer of beer has a prohibited ownership interest in if that interest is not properly divested on January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act. In addition, the State Commission shall find that the license of a distributor or importing distributor that is subject to the prohibited ownership interest of the manufacturer of beer is revoked on January 16, 2015 as to the transport, transfer, or sale of alcoholic liquor from the relevant manufacturer of beer to any retailer if that ownership interest is not properly severed on January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act. The State Commission's order shall further find for a distributor or importing distributor, as described in paragraph (20) of subsection (a) of Section 6-2, found in non-compliance with subsection (c) of this Section, that its license is revoked on January 16, 2015 as to the transport, transfer, or sale of any alcoholic liquor from the relevant manufacturer of beer to any retailer if that prohibited ownership interest in the manufacturer of beer is not properly divested on January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act. In addition, the State Commission shall find that the license of the manufacturer of beer that is subject to the prohibited ownership interest of a distributor or importing distributor is revoked on January 16, 2015 as to the transport, transfer, or sale of alcoholic liquor to the distributor or importing distributor if that ownership interest is not properly severed on January 1, 2015, subject to the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act. The State Commission shall serve a copy of the order of non-compliance on the licensee and each person with an ownership interest in the licensee. (h) If a person with a prohibited ownership interest in a licensee under subsection (b) or (c) of this Section succeeds in divesting itself of or severing that interest and obtains the State Commission's approval of the successive owner pursuant to its authority provided in this Act on or before January 1, 2015, then the State Commission shall enter an order finding that the licensee is in compliance, record the matter as closed, and serve a copy of the order of compliance on the licensee and each person with an ownership interest in the licensee. If a person with a prohibited ownership interest in violation of subsection (b) or (c) of this Section fails to divest itself of or sever that interest and obtain the State Commission's approval of the successive owner pursuant to the State Commission's authority provided in this Act on or before January 1, 2015, then the State Commission shall, after notice and an opportunity for a hearing, revoke each licensee's license as specified in subsection (g) of this Section on January 16, 2015. The State Commission, when entering the order, shall give notice to the person by certified mail to cease and desist all shipments of alcoholic liquor into or within this State and to withdraw from this State within 5 working days after receipt of the notice all shipments of alcoholic liquor in transit. Whenever the State Commission has reason to believe that a person has failed to comply with the State Commission's notice under this Section, it shall notify the Department of Revenue and the Attorney General, and shall file a complaint with the State's Attorney of the county where the alcoholic liquor was delivered, or with appropriate law enforcement officials. Failure to comply with the notice issued by the State Commission under this Section is against the public interest and constitutes a business offense for which the person shall be fined not more than $5,000 for a first offense, not more than $10,000 for a second offense, and not more than $15,000 for a third or subsequent offense. Each shipment or transfer of alcoholic liquor in violation of the cease and desist notice shall constitute a separate offense. (i) The power and authority granted to the State Commission under this Section is in addition to any existing power or authority the State Commission has under this Act and its exercise shall be accorded precedence on the State Commission's meeting agenda so as to fully accommodate the schedule for any proceeding under the provisions of this Section. Nothing in this Act shall be construed as limiting or otherwise impairing the ability of the State Commission to conduct future investigations and proceedings sua sponte or pursuant to a complaint to ensure compliance with this Section or paragraph (19) or (20) of subsection (a) of Section 6-2 of this Act. Any future investigations and proceedings shall be conducted by the State Commission on an expedited basis and pursuant to an initiating order entered by the State Commission. The State Commission shall enter its initiating order within 30 days after the receipt of a complaint. The initiating order shall set forth a schedule by which the required notices, disclosures, determinations, or orders specified in subsections (d), (e), (f), (g), and (h) shall be made or entered, and the period of time by which a licensee shall divest itself of or sever a prohibited ownership interest, which shall be no later than 540 days after the entry of the initiating order. (j) Any association or non-profit corporation representing beer distributors in this State shall have standing to intervene and otherwise participate as a party in any proceeding undertaken by the State Commission under this Section to review and determine compliance or non-compliance with this Section. (k) For purposes of this Section, the term "ownership interest" means a legal, equitable, or beneficial interest recognized under Illinois law. The term "prohibited ownership interest" means an ownership interest in a distributor, importing distributor, or manufacturer of beer as specified in this Section.
(Source: P.A. 98-21, eff. 6-13-13.) |
(235 ILCS 5/6-5) (from Ch. 43, par. 122)
Sec. 6-5.
Except as otherwise provided in this Section, it is unlawful
for any person having a retailer's license or
any officer, associate, member, representative or agent of such licensee
to accept, receive or borrow money, or anything else of value, or accept
or receive credit (other than merchandising credit in the ordinary
course of business for a period not to exceed 30 days) directly or
indirectly from any manufacturer, importing distributor or distributor
of alcoholic liquor, or from any person connected with or in any way
representing, or from any member of the family of, such manufacturer,
importing distributor, distributor or wholesaler, or from any
stockholders in any corporation engaged in manufacturing, distributing
or wholesaling of such liquor, or from any officer, manager, agent or
representative of said manufacturer. Except as provided below, it is
unlawful for any manufacturer
or distributor or importing distributor to give or lend money or
anything of value, or otherwise loan or extend credit (except such
merchandising credit) directly or indirectly to any retail licensee or
to the manager, representative, agent, officer or director of such
licensee. A manufacturer, distributor or importing distributor may furnish
free advertising, posters,
signs, brochures, hand-outs, or other promotional devices or materials to
any unit of government owning or operating any auditorium, exhibition hall,
recreation facility or other similar facility holding a retailer's license,
provided that the primary purpose of such promotional devices or materials
is to promote public events being held at such facility. A unit of government
owning or operating such a facility holding a retailer's license may accept
such promotional devices or materials designed primarily to promote public
events held at the facility. No retail licensee delinquent beyond the
30 day period specified in this Section shall
solicit, accept or receive credit, purchase or acquire alcoholic
liquors, directly or indirectly from any other licensee, and no
manufacturer, distributor or importing distributor shall knowingly grant
or extend credit, sell, furnish or supply alcoholic liquors to any such
delinquent retail licensee; provided that the purchase price of all beer
sold to a retail licensee shall be paid by the retail licensee in cash
on or before delivery of the beer, and unless the purchase price payable
by a retail licensee for beer sold to him in returnable bottles shall
expressly include a charge for the bottles and cases, the retail
licensee shall, on or before delivery of such beer, pay the seller in
cash a deposit in an amount not less than the deposit required to be
paid by the distributor to the brewer; but where the brewer sells direct
to the retailer, the deposit shall be an amount no less than that
required by the brewer from his own distributors; and provided further,
that in no instance shall this deposit be less than 50 cents for each
case of beer in pint or smaller bottles and 60 cents for each case of
beer in quart or half-gallon bottles; and provided further, that the
purchase price of all beer sold to an importing distributor or
distributor shall be paid by such importing distributor or distributor
in cash on or before the 15th day (Sundays and holidays excepted) after
delivery of such beer to such purchaser; and unless the purchase price
payable by such importing distributor or distributor for beer sold in
returnable bottles and cases shall expressly include a charge for the
bottles and cases, such importing distributor or distributor shall, on
or before the 15th day (Sundays and holidays excepted) after delivery of
such beer to such purchaser, pay the seller in cash a required amount as
a deposit to assure the return of such bottles and cases. Nothing herein
contained shall prohibit any licensee from crediting or refunding to a
purchaser the actual amount of money paid for bottles, cases, kegs or
barrels returned by the purchaser to the seller or paid by the purchaser
as a deposit on bottles, cases, kegs or barrels, when such containers or
packages are returned to the seller. Nothing herein contained shall
prohibit any manufacturer, importing distributor or distributor from
extending usual and customary credit for alcoholic liquor sold to
customers or purchasers who live in or maintain places of business
outside of this State when such alcoholic liquor is actually transported
and delivered to such points outside of this State.
A manufacturer, distributor, or importing distributor may furnish free social media advertising to a retail licensee if the social media advertisement does not contain the retail price of any alcoholic liquor and the social media advertisement complies with any applicable rules or regulations issued by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury. A manufacturer, distributor, or importing distributor may list the names of one or more unaffiliated retailers in the advertisement of alcoholic liquor through social media. Nothing in this Section shall prohibit a retailer from communicating with a manufacturer, distributor, or importing distributor on social media or sharing media on the social media of a manufacturer, distributor, or importing distributor. A retailer may request free social media advertising from a manufacturer, distributor, or importing distributor. Nothing in this Section shall prohibit a manufacturer, distributor, or importing distributor from sharing, reposting, or otherwise forwarding a social media post by a retail licensee, so long as the sharing, reposting, or forwarding of the social media post does not contain the retail price of any alcoholic liquor. No manufacturer, distributor, or importing distributor shall pay or reimburse a retailer, directly or indirectly, for any social media advertising services, except as specifically permitted in this Act. No retailer shall accept any payment or reimbursement, directly or indirectly, for any social media advertising services offered by a manufacturer, distributor, or importing distributor, except as specifically permitted in this Act. For the purposes of this Section, "social media" means a service, platform, or site where users communicate with one another and share media, such as pictures, videos, music, and blogs, with other users free of charge. No right of action shall exist for the collection of any claim based
upon credit extended to a distributor, importing distributor or retail
licensee contrary to the provisions of this Section.
Every manufacturer, importing distributor and distributor shall
submit or cause to be submitted, to the State Commission,
not later than Thursday of each calendar week, a verified written list
of the names and respective addresses of each retail licensee purchasing
spirits or wine from such manufacturer, importing distributor or
distributor who, on the first business day of that calendar week, was
delinquent beyond the above mentioned permissible merchandising credit
period of 30 days; or, if such is the fact, a verified written statement
that no retail licensee purchasing spirits or wine was then delinquent
beyond such permissible merchandising credit period of 30 days.
Every manufacturer, importing distributor and distributor shall
submit or cause to be submitted, to the State Commission,
a verified written list of the names and respective addresses of each
previously reported delinquent retail licensee who has cured such
delinquency by payment, which list shall be submitted not later than the
close of the second full business day following the day such delinquency
was so cured.
The written list of delinquent retail licensees shall be developed, administered, and maintained only by the State Commission. The State Commission shall notify each retail licensee that it has been placed on the delinquency list. Determinations of delinquency or nondelinquency shall be made only by the State Commission. Such written verified reports required to be submitted by this
Section shall be posted by the State Commission in each of its offices
in places available for public inspection not later than the day
following receipt thereof by the State Commission. The reports so posted shall
constitute notice to every manufacturer, importing distributor and
distributor of the information contained therein. Actual notice to
manufacturers, importing distributors and distributors of the
information contained in any such posted reports, however received,
shall also constitute notice of such information.
The 30-day merchandising credit period allowed by this Section shall
commence with the day immediately following the date of invoice and
shall include all successive days including Sundays and holidays to and
including the 30th successive day.
In addition to other methods allowed by law, payment by check or credit card during
the period for which merchandising credit may be extended under the
provisions of this Section shall be considered payment. All checks
received in payment for alcoholic liquor shall be promptly deposited for
collection. A post dated check or a check dishonored on presentation for
payment shall not be deemed payment.
A credit card payment in dispute by a retailer shall not be deemed payment, and the debt uncured for merchandising credit shall be reported as delinquent. Nothing in this Section shall prevent a distributor, self-distributing manufacturer, or importing distributor from assessing a usual and customary transaction fee representative of the actual finance charges incurred for processing a credit card payment. This transaction fee shall be disclosed on the invoice. It shall be considered unlawful for a distributor, importing distributor, or self-distributing manufacturer to waive finance charges for retailers. A retail licensee shall not be deemed to be delinquent in payment for
any alleged sale to him of alcoholic liquor when there exists a bona fide
dispute between such retailer and a manufacturer, importing distributor
or distributor with respect to the amount of indebtedness existing
because of such alleged sale. A retail licensee shall not be deemed to be delinquent under this provision and 11 Ill. Adm. Code 100.90 until 30 days after the date on which the region in which the retail licensee is located enters Phase 4 of the Governor's Restore Illinois Plan as issued on May 5, 2020. A delinquent retail licensee who engages in the retail liquor
business at 2 or more locations shall be deemed to be delinquent with
respect to each such location.
The license of any person who violates any provision of this Section
shall be subject to suspension or revocation in the manner provided by
this Act.
If any part or provision of this Article or the application thereof
to any person or circumstances shall be adjudged invalid by a court of
competent jurisdiction, such judgment shall be confined by its operation
to the controversy in which it was mentioned and shall not affect or
invalidate the remainder of this Article or the application thereof to
any other person or circumstance and to this and the provisions of this
Article are declared severable.
(Source: P.A. 102-8, eff. 6-2-21; 102-442, eff. 1-1-22; 102-813, eff. 5-13-22; 103-363, eff. 7-28-23.)
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(235 ILCS 5/6-5.5) Sec. 6-5.5. Consignment sales prohibited; retailer returns. (a) In this Section, "retailer" means a retailer, special event retailer, special use permit licensee, caterer retailer, or brew pub. (b) It is unlawful for a manufacturer with self-distribution privileges, importing distributor, or distributor to sell, offer for sale, or contract to sell to any retailer, or for any such retailer to purchase, offer to purchase, or contract to purchase any products: (1) on consignment or conditional sale, | ||
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(2) with the privilege of return unless | ||
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(3) on any basis other than a bona fide sale; | ||
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(4) if any part of the sale involves, directly | ||
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(c) Transactions involving the bona fide return of products for ordinary and usual commercial reasons arising after the product has been sold are not prohibited. (d) Unless there is a bona fide business reason for replacement of an alcoholic liquor product when delivered, the alcoholic liquor product may not be replaced free of charge to a retailer. Replacement of an alcoholic liquor product damaged while in a retailer's possession constitutes the providing of something of value and is a violation of Sections 6-4, 6-5, and 6-6 of this Act. A manufacturer with self-distribution privileges, importing distributor, or distributor is not required to accept the return of products for the reasons stated in items (1) through (7) of subsection (f). (1) A manufacturer with self-distribution | ||
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(2) Alcoholic liquor products or other compensation | ||
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(3) If an alcoholic liquor product has been | ||
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(4) If an alcoholic liquor product has been | ||
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(A) If the pre-delivery damage is visible at | ||
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(B) If the damage is latent and not visible | ||
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(e) It is unlawful to sell, offer to sell, or contract to sell alcoholic liquor products with the privilege of return for any reason, other than those considered to be ordinary and usual commercial reasons, arising after the product has been sold. A manufacturer with self-distribution privileges, importing distributor, or distributor is under no obligation to accept a return or make an exchange for any product. A manufacturer with self-distribution privileges, importing distributor, or distributor that elects to make an authorized exchange of a product or return of a product for cash or credit does so at its sole discretion and must maintain proper books and records of the transaction in accordance with 11 Ill. Adm. Code 100.130. (f) Ordinary and usual commercial reasons for the return of alcoholic liquor products are limited to the following: (1) Defective products. Products that are | ||
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(2) Error in products delivered. Any | ||
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(3) Products that may no longer be lawfully | ||
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(4) Termination of business. Products on hand | ||
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(5) Change in products. A retailer's inventory | ||
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(6) Discontinued products. If a manufacturer, | ||
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(7) Seasonal dealers. Manufacturers with | ||
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(g) Without limitation, the following are not considered ordinary and commercial reasons to justify a return of an alcoholic liquor product: (1) Overstocked and slow-moving alcoholic | ||
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(2) Seasonal alcoholic liquor products. The | ||
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(h) Nothing in this Section prohibits a manufacturer with self-distribution privileges, importing distributor, or distributor from accepting the return of beer from a retailer if the beer is near or beyond its freshness date, code date, pull date, or other similar date marking the deterioration or freshness of the beer if: (1) the brewer has policies and procedures in place | ||
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(2) the brewer's freshness return or exchange | ||
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(3) the container has identifying markings that | ||
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Returns under this subsection may be accepted in return for credit against indebtedness or equal amounts of the same or similar beer, including a similarly priced product. For purposes of this Section, beer is near code on any date on or before the freshness or code date not to exceed 30 days prior to the freshness or code date. If near-code beer is returned, a manufacturer with self-distribution privileges, importing distributor, or distributor may sell near-code beer to another retailer who may reasonably sell the beer on or before the expiration of the freshness or code date. No beer shall be returned as near-code prior to 30 days of the freshness or code date. It is a violation of this Section for a retailer to hold beer for the purpose of returning beer as out of code.
(Source: P.A. 101-16, eff. 6-14-19.) |
(235 ILCS 5/6-6) (from Ch. 43, par. 123)
Sec. 6-6.
Except as otherwise provided in this Act no manufacturer or
distributor or importing distributor shall, directly or indirectly,
sell, supply, furnish, give or pay for, or loan or lease, any
furnishing, fixture or equipment on the premises of a place of business
of another licensee authorized under this Act to sell alcoholic liquor
at retail, either for consumption on or off the premises, nor shall he or she,
directly or indirectly, pay for any such license, or advance, furnish,
lend or give money for payment of such license, or purchase or become
the owner of any note, mortgage, or other evidence of indebtedness of
such licensee or any form of security therefor, nor shall such
manufacturer, or distributor, or importing distributor, directly or
indirectly, be interested in the ownership, conduct or operation of the
business of any licensee authorized to sell alcoholic liquor at retail,
nor shall any manufacturer, or distributor, or importing distributor be
interested directly or indirectly or as owner or part owner of said
premises or as lessee or lessor thereof, in any premises upon which
alcoholic liquor is sold at retail.
No manufacturer or distributor or importing distributor shall,
directly or indirectly or through a subsidiary or affiliate, or by any
officer, director or firm of such manufacturer, distributor or importing
distributor, furnish, give, lend or rent, install, repair or maintain,
to or for any retail licensee in this State, any
signs or inside advertising materials except as provided in this Section and
Section 6-5. With respect to
retail licensees, other than any government owned or operated auditorium,
exhibition hall, recreation facility or other similar facility holding a
retailer's license as described in Section 6-5, a manufacturer,
distributor, or importing distributor may furnish, give, lend or rent and
erect, install, repair and maintain to or for any retail licensee, for use
at any one time in or about or in connection with a retail establishment on
which the products of the manufacturer, distributor or importing
distributor are sold, the following signs and inside advertising materials
as authorized in subparts (i), (ii), (iii), and (iv):
(i) Permanent outside signs shall cost not more than | ||
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(ii) Temporary outside signs shall include, but not | ||
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(iii) Permanent inside signs, whether visible from | ||
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(iv) Temporary inside signs shall include, but are | ||
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The restrictions contained in this Section 6-6 do not apply to signs, or
promotional or advertising materials furnished by manufacturers, distributors
or importing distributors to a government owned or operated facility holding
a retailer's license as described in Section 6-5.
No distributor or importing distributor shall directly or indirectly
or through a subsidiary or affiliate, or by any officer, director or
firm of such manufacturer, distributor or importing distributor,
furnish, give, lend or rent, install, repair or maintain, to or for any
retail licensee in this State, any signs or
inside advertising materials described in subparts (i), (ii), (iii), or (iv)
of this Section except as the agent for or on behalf of a manufacturer,
provided that the total cost of any signs and inside advertising materials
including but not limited to labor, erection, installation and permit fees
shall be paid by the manufacturer whose product or products said signs
and inside advertising materials advertise and except as follows:
A distributor or importing distributor may purchase from or enter into a
written agreement with a manufacturer or a manufacturer's designated supplier
and such manufacturer or the manufacturer's designated supplier may sell or
enter into an agreement to sell to a distributor or importing distributor
permitted signs and advertising materials described in subparts (ii), (iii), or
(iv) of this Section for the purpose of furnishing, giving, lending, renting,
installing, repairing, or maintaining such signs or advertising materials to or
for any retail licensee in this State. Any purchase by a distributor or
importing distributor from a manufacturer or a manufacturer's designated
supplier shall be voluntary and the manufacturer may not require the
distributor or the importing distributor to purchase signs or advertising
materials from the manufacturer or the manufacturer's designated supplier.
A distributor or importing distributor shall be deemed the owner of such
signs or advertising materials purchased from a manufacturer or
a manufacturer's designated supplier.
The provisions of Public Act 90-373
concerning signs or advertising materials delivered by a manufacturer to a
distributor or importing distributor shall apply only to signs or advertising
materials delivered on or after August 14, 1997.
A manufacturer, distributor, or importing distributor may furnish free social media advertising to a retail licensee if the social media advertisement does not contain the retail price of any alcoholic liquor and the social media advertisement complies with any applicable rules or regulations issued by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury. A manufacturer, distributor, or importing distributor may list the names of one or more unaffiliated retailers in the advertisement of alcoholic liquor through social media. Nothing in this Section shall prohibit a retailer from communicating with a manufacturer, distributor, or importing distributor on social media or sharing media on the social media of a manufacturer, distributor, or importing distributor. A retailer may request free social media advertising from a manufacturer, distributor, or importing distributor. Nothing in this Section shall prohibit a manufacturer, distributor, or importing distributor from sharing, reposting, or otherwise forwarding a social media post by a retail licensee, so long as the sharing, reposting, or forwarding of the social media post does not contain the retail price of any alcoholic liquor. No manufacturer, distributor, or importing distributor shall pay or reimburse a retailer, directly or indirectly, for any social media advertising services, except as specifically permitted in this Act. No retailer shall accept any payment or reimbursement, directly or indirectly, for any social media advertising services offered by a manufacturer, distributor, or importing distributor, except as specifically permitted in this Act. For the purposes of this Section, "social media" means a service, platform, or site where users communicate with one another and share media, such as pictures, videos, music, and blogs, with other users free of charge. No person engaged in the business of manufacturing, importing or
distributing alcoholic liquors shall, directly or indirectly, pay for,
or advance, furnish, or lend money for the payment of any license for
another. Any licensee who shall permit or assent, or be a party in any
way to any violation or infringement of the provisions of this Section
shall be deemed guilty of a violation of this Act, and any money loaned
contrary to a provision of this Act shall not be recovered back, or any
note, mortgage or other evidence of indebtedness, or security, or any
lease or contract obtained or made contrary to this Act shall be
unenforceable and void.
This Section shall not apply to airplane licensees exercising powers
provided in paragraph (i) of Section 5-1 of this Act.
(Source: P.A. 101-16, eff. 6-14-19; 101-517, eff. 8-23-19; 102-558, eff. 8-20-21.)
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(235 ILCS 5/6-6.1) Sec. 6-6.1. Stocking, rotation, resetting, and pricing services. (a) In this Section: "Reset" means the large-scale rearrangement of the alcoholic liquor products at a retailer's premises. "Rotation" means moving newer, fresher products from a storage area to a point-of-sale area and the replenishing of the point-of-sale area with fresh products. "Stocking" means the placing of alcoholic liquors where they are to be stored or where they are offered for sale. (b) Manufacturers, distributors, or importing distributors may stock at retail licensed establishments alcoholic liquors they sell, provided that the alcoholic liquor products of other manufacturers, distributors, or importing distributors are not moved, altered, or disturbed. This stocking may be done one time either during the normal course of, 24 hours before, or within 24 hours after a regular sales call or one time either during the normal course of, 24 hours before, or within 24 hours after delivery to the retailer. The stocking is considered service incidental to a sales call or delivery. (c) Manufacturers, distributors, or importing distributors may rotate their own alcoholic liquor products at a retailer's premises one time either during the normal course of, 24 hours before, or within 24 hours after a regular sales call or one time either during the normal course of, 24 hours before, or within 24 hours after delivery to the retailer. Rotation may be performed at any location within a retailer's premises. (d) Manufacturers, distributors, or importing distributors may participate in or be present at merchandising resets conducted at a retailer's premises no more than 4 times per year. During resets, manufacturers, distributors, or importing distributors may stock or restock entire sections of point-of-sale locations at the retailer's premises. No reset shall occur without at least 14 days' prior notice made by the retailer to all manufacturers, distributors, or importing distributors whose alcoholic liquor products are carried by the retailer. Manufacturers, distributors, or importing distributors may only move, alter, disturb, or displace their alcoholic liquor products and the products of properly notified, but nonattending, manufacturers, distributors, or importing distributors. (e) Manufacturers, distributors, or importing distributors may provide to retailers recommended diagrams, shelf plans, or shelf schematics that suggest beneficial display locations for their alcoholic liquor products at the retailer's premises. Manufacturers, distributors, or importing distributors may not condition pricing discounts, credits, rebates, access to brands, or the provision of any other item or activity permissible under this Act upon a retailer's choice to implement or not implement diagrams, shelf plans, or shelf schematics. (f) Manufacturers, distributors, or importing distributors may not affix prices to products on behalf of retailers. This prohibition includes the indirect affixing of prices to product, including entering prices into a retailer's computer system. This prohibition does not prohibit manufacturers, distributors, or importing distributors, after stocking a shelf, from affixing shelf tags that identify the product and price of the alcoholic liquor; however, at no time may manufacturers, distributors, or importing distributors delegate or contract this service to a third party. Shelf tags are considered point-of-sale advertising materials and are subject to Section 6-6. If permitted stocking by manufacturers, distributors, or importing distributors involves movement and a change in the placement of its product on the retailer's shelf, shelf tags may be moved to the new position of the product.
(Source: P.A. 102-442, eff. 8-20-21.) |
(235 ILCS 5/6-6.3) Sec. 6-6.3. Non-alcoholic merchandise. (a) Nothing in this Act shall authorize the Illinois Liquor Control Commission to regulate or exercise jurisdiction over any action, transaction, and business of manufacturers, distributors, or retailers engaged in any transaction involving the furnishing, selling, or offering for sale of non-alcoholic merchandise by manufacturers, distributors, or retailers, unless the transaction involves expressed or implied agreements or understandings prohibited by this Act. (b) Non-alcoholic merchandise may be sold by a manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor to a retail licensee if: (1) the manufacturer class license holder, | ||
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(2) the merchandise is sold at its fair market value; (3) the non-alcoholic merchandise is not sold in | ||
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(4) the manufacturer class license holder's, | ||
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(5) the individual selling prices of the | ||
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(6) the price is collected by the manufacturer class | ||
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(c) The State Commission may not prohibit the sale of non-alcoholic merchandise if it is sold in the manner in which the non-alcoholic merchandise is sold by a manufacturer or distributor that is not licensed by the State Commission; provided, however, that all invoices for non-alcoholic merchandise sold by a manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor that is also in business as a bona fide producer or vendor of other merchandise must be in compliance with the books and records requirements of 11 Ill. Adm. Code 100.130. If the non-alcoholic merchandise is sold on the same invoice as an alcoholic liquor product, the 30-day merchandising credit provisions of Section 6-5 of this Act shall apply to the entire transaction, including the non-alcoholic merchandise. (d) Except as provided in subsection (f), a manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor that is also in business as a bona fide producer or vendor of non-alcoholic merchandise shall not condition the sale of its alcoholic liquor on the sale of its non-alcoholic merchandise and shall not combine the sale of its alcoholic liquor with the sale of its non-alcoholic merchandise. A manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor that is also in business as a bona fide producer or vendor of non-alcoholic merchandise may sell, market, and promote non-alcoholic merchandise in the same manner in which the non-alcoholic merchandise is sold, marketed, or promoted by a manufacturer or distributor not licensed by the State Commission. (e) Notwithstanding the prohibited furnishing or providing of fixtures, equipment, and furnishings to retailers as contained in Section 6-6 of this Act, the act of a manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor furnishing or providing retailers with fixtures, equipment, or furnishings for the limited purpose of storing, servicing, displaying, advertising, furnishing, selling, or aiding in the sale of non-alcoholic merchandise is permitted, only to the extent allowed by this Section, and such fixtures, equipment, and furnishings shall not be used by the retail licensee to store, service, display, advertise, furnish, sell, or aid in the sale of alcoholic liquors. All such fixtures, equipment, or furnishings shall be identified by the retail licensee as being furnished by a manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor licensed by the State Commission and, if purchased by the retail licensee and sold on the same invoice as alcoholic liquor products, the price must be collected by the manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor selling the same within 30 days of the date of sale. (f) Notwithstanding any provision of this Act to the contrary, a manufacturer class license holder, non-resident dealer, foreign importer, importing distributor, or distributor may package and distribute alcoholic liquor in combination with other non-alcoholic merchandise products if the alcoholic liquor and non-alcoholic merchandise was originally packaged together for ultimate sale to consumers by the manufacturer or agent of the manufacturer as originally packaged by the manufacturer or agent of the manufacturer for ultimate sale to consumers.
(Source: P.A. 99-282, eff. 8-5-15.) |
(235 ILCS 5/6-6.5)
Sec. 6-6.5. Sanitation and use of growlers and crowlers. (a) A manufacturer, distributor, or importing
distributor may not provide for free, but may sell coil cleaning services and installation services, including labor costs, to a retail licensee at fair market
cost.
A manufacturer, distributor, or importing distributor may not provide for free, but may sell dispensing
accessories to retail licensees at a price not less than the cost to the
manufacturer, distributor, or importing distributor who initially purchased
them. Dispensing accessories include, but are not limited to, items such as
standards, faucets, cold plates, rods, vents, taps, tap standards, hoses,
washers, couplings, gas gauges, vent tongues, shanks, glycol draught systems, pumps, and check valves. A manufacturer, distributor, or importing distributor may service, balance, or inspect draft beer, wine, or distilled spirits systems at regular intervals and may provide labor to replace or install dispensing accessories.
Coil cleaning supplies
consisting of detergents, cleaning chemicals, brushes, or similar type cleaning
devices may be sold at a price not less than the cost to the manufacturer,
distributor, or importing distributor.
(a-5) A manufacturer of beer licensed under subsection (e) of Section 6-4 or a brew pub may
transfer any beer manufactured or sold on its licensed premises to a growler or crowler and sell those growlers or crowlers to non-licensees for consumption off the premises. A manufacturer of beer under subsection (e) of Section 6-4 or a brew pub is not subject to subsection (b) of this Section. (b) An on-premises retail licensee may transfer beer to a growler or crowler, which is not an original manufacturer container, but is a reusable rigid container that holds up to 128 fluid ounces of beer and is designed to be sealed on premises by the licensee for off-premises consumption, if the following requirements are met: (1) the beer is transferred within the licensed | ||
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(2) the person transferring the alcohol to be sold to | ||
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(3) the growler or crowler holds no more than 128 | ||
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(4) the growler or crowler bears a twist-type | ||
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(5) the growler or crowler is affixed with a label or | ||
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(A) the brand name of the product dispensed; (B) the name of the brewer or bottler; (C) the type of product, such as beer, ale, | ||
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(D) the net contents; (E) the name and address of the business that | ||
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(F) the date the growler or crowler was filled or | ||
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(5.5) the growler or crowler has been purged with CO2 | ||
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(6) the on-premises retail licensee complies with the | ||
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(7) before filling the growler or crowler or | ||
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(A) By manual washing in a 3-compartment sink. (i) Before sanitizing the growler or crowler, | ||
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(ii) Any residual liquid from the growler | ||
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(iii) The growler and cap shall be cleaned in | ||
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(iv) Any residues on the interior and | ||
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(v) The growler and cap shall be rinsed with | ||
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(vi) The growler shall be sanitized in the | ||
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(vii) A test kit or other device that | ||
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(B) By using a mechanical washing and sanitizing | ||
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(i) Mechanical washing and sanitizing | ||
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(ii) Mechanical washing and sanitizing | ||
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(iii) The concentration of the sanitizing | ||
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(iv) The machine shall be regularly serviced | ||
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(C) By transferring beer to a growler or crowler | ||
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(i) Beer may be transferred to a growler or | ||
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(ii) Food grade sanitizer shall be used in | ||
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(iii) A container of liquid food grade | ||
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(iv) Each container shall contain no less | ||
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(v) The growler or crowler must be inspected | ||
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(vi) After each transfer of beer to a growler | ||
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(vii) A different tube from the container | ||
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(c) Growlers and crowlers that comply with items (4) and (5) of subsection (b) shall not be deemed an unsealed container for purposes of Section 11-502 of the Illinois Vehicle Code. (d) Growlers and crowlers, as described and authorized under this Section, are not original packages for the purposes of this Act. Upon a consumer taking possession of a growler or crowler from an on-premises retail licensee, the growler or crowler and its contents are deemed to be in the sole custody, control, and care of the consumer. (Source: P.A. 101-16, eff. 6-14-19; 101-517, eff. 8-23-19; 102-558, eff. 8-20-21.)
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(235 ILCS 5/6-6.6) Sec. 6-6.6. Giving, selling, and leasing dispensing equipment. Notwithstanding any provision of this Act to the contrary, a manufacturer, distributor, or importing distributor may: (1) give dispensing equipment free of charge to a | ||
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(2) give dispensing equipment free of charge to a | ||
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(3) sell dispensing equipment to a retailer, special | ||
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A manufacturer, distributor, or importing distributor may also enter into a written lease for the fair market value of the dispensing equipment to retailers, special event retailers, special use permit licensees, or caterer retailers. The manufacturer, distributor, or importing distributor shall invoice and collect the sale price or payment for the entire lease period from the retailer, special event retailer, special use permit licensee, or caterer retailer within 30 days of the date of the invoice or from the date the lease is executed. The term of any lease for dispensing equipment shall not exceed 180 days in the aggregate in one calendar year, and no lease shall be renewed automatically. There shall be a lapse of 90 consecutive days before the beginning of a new lease term. At the direction of the manufacturer, distributor, or importing distributor, the retailer, special event retailer, special use permit licensee, or caterer retailer shall return the equipment or the manufacturer, distributor, or importing distributor shall retrieve the dispensing equipment at the termination of the lease. In this Section, "dispensing equipment" means any portable or temporary unit the primary purpose of which is to pour alcoholic liquor or to maintain the alcoholic liquor in a consumable state. "Dispensing equipment" includes courtesy wagons, beer wagons, beer trailers, ice bins, draft coolers, coil boxes, portable bars, and kiosks. "Dispensing equipment" does not include permanent tap systems, permanent refrigeration systems, or any other built-in or physically attached fixture of the retailer, special event retailer, special use permit licensee, or caterer retailer. In this Section, "fair market value" for the purposes of leasing dispensing equipment means (i) the cost of depreciation of the dispensing equipment to the manufacturer, distributor, or importing distributor for the same period of the lease or (ii) the cost of depreciation the manufacturer, distributor, or importing distributor would have incurred based upon the market value of the dispensing equipment if the manufacturer, distributor, or importing distributor did not pay for the dispensing equipment or if the dispensing equipment is fully depreciated.
(Source: P.A. 101-16, eff. 6-14-19.) |
(235 ILCS 5/6-7) (from Ch. 43, par. 124)
Sec. 6-7.
No manufacturer or distributor or importing distributor or foreign
importer shall sell or deliver any package containing alcoholic liquor
manufactured or distributed by him unless the same shall have affixed
thereto all cancelled revenue stamps which may be provided by Federal law,
and shall also bear thereon a clear and legible label containing the name
and address of the manufacturer, the kind of alcoholic liquor contained
therein, and in the case of alcoholic liquor (other than beer and imported
Scotch whiskey and brandy 4 years old or more) the date when manufactured
and the minimum alcoholic content thereof. No person or persons,
corporation, partnership or firm shall label alcoholic liquor as "whiskey"
or "gin" or shall import for sale or shall sell in this State alcoholic
liquor labeled as "whiskey" or "gin" unless the entire alcoholic content
thereof, except flavoring materials, is a distillate of fermented mash of
grain or mixture of grains. Alcoholic liquor of the type of whiskey or gin
not conforming to this requirement must be labeled "imitation whiskey" or
"imitation gin" (as the case may be). No spirits shall contain any
substance, compound or ingredient which is injurious to health or
deleterious for human consumption. No package shall be delivered by any
manufacturer or distributor or importing distributor or foreign importer
unless the same shall be securely sealed so that the contents thereof
cannot be removed without breaking the seal so placed thereon by said
manufacturer, and no other licensee shall sell, have in his possession, or
use any package or container which does not comply with this Section or
does not bear evidence that said package, when delivered to him, complied
herewith.
(Source: P.A. 82-783.)
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(235 ILCS 5/6-8) (from Ch. 43, par. 125)
Sec. 6-8.
Each manufacturer or importing distributor or foreign importer
shall keep an accurate record of all alcoholic liquors manufactured,
distributed, sold, used, or delivered by him in this State during each
month, showing therein to whom sold, and shall furnish a copy thereof or a
report thereon to the State Commission, as the State Commission may,
request.
Each importing distributor or manufacturer to whom alcoholic liquors
imported into this State have been consigned shall effect possession and
physical control thereof by storing such alcoholic liquors in the premises
wherein such importing distributor or manufacturer is licensed to engage in
such business as an importing distributor or manufacturer and to make such
alcoholic liquors together with accompanying invoices, bills of lading and
receiving tickets available for inspection by an agent or representative of
the Department of Revenue and of the State Commission.
All alcoholic liquor imported into this State must be off-loaded from the
common carrier, vehicle, or mode of transportation by which the alcoholic
liquor was delivered into this State. The alcoholic liquor shall be stored at
the licensed premises of the importing distributor before sale and delivery to
licensees in this State. A distributor or importing distributor, upon
application to the Commission, may secure a waiver of the provisions of this
Section for purposes of delivering beer directly to a licensee holding or
otherwise participating in a special event sponsored by a unit of government or
a not-for-profit organization.
A manufacturer of beer that imports or transfers beer into this State must comply with the provisions of this Section. (Source: P.A. 100-885, eff. 8-14-18.)
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(235 ILCS 5/6-9) (from Ch. 43, par. 126)
Sec. 6-9.
Registration of trade marks; sale within geographical area;
delivery to authorized persons. The Legislature hereby finds and declares
that for purposes of
ensuring the preservation and enhancement of interbrand competition in
the alcoholic liquor industry within the State, ensuring that importation
and distribution of alcoholic liquor in the State will be subject to
thorough and inexpensive monitoring by the State, reducing the
importation of illicit or untaxed alcoholic liquor into the State,
excluding misbranded alcoholic liquor products from the State,
providing incentives to distributors to service and sell to larger
numbers of retail licensees in the geographic area where such
distributors are engaged in business, and reducing the amount of
spoiled and overaged alcoholic liquor products sold to consumers,
it is necessary to restrict the purchase of alcoholic liquors at
wholesale in the State to those persons selected by the manufacturer,
distributor, importing distributor or foreign importer who owns or
controls the trade mark, brand or name of the alcoholic liquor
products sold to such persons, and to restrict the geographic area
or areas within which such persons sell such alcoholic liquor at
wholesale, as provided in this Section.
Each manufacturer, non-resident dealer, distributor, importing distributor,
or
foreign importer who owns or controls the trade mark, brand or name of
any alcoholic liquor shall register with the State Commission, in the Chicago
office, on or before the effective date, the name
of each person to whom such manufacturer, non-resident dealer, distributor,
importing
distributor, or foreign importer grants the right to sell at wholesale
in this State any such alcoholic liquor, specifying the particular trade
mark, brand or name of alcoholic liquor as to which such right is
granted, the geographical area or areas for which such right is granted
and the period of time for which such rights are granted to such person.
Each manufacturer,
non-resident dealer, distributor or importing distributor, or foreign
importer who is required to register under this Section must furnish a copy
of the registration statement at the time of appointment to the person who has
been granted the right to sell alcoholic liquor at wholesale. However, if a
person who has been appointed the right to sell alcoholic liquor at wholesale
does not receive a copy of the registration statement as required under this
Section, such person may file a registration statement with the State
Commission, provided that the person furnishes a copy of that registration
statement to the manufacturer, non-resident dealer, distributor, importing
distributor, or foreign importer within 30 days of filing the registration
statement. The registration statement shall state:
(1) the name of the person appointed;
(2) the name of the manufacturer, non-resident dealer, distributor,
importing distributor, or foreign importer from whom the person received the
right to sell alcoholic liquor;
(3) the particular trade mark, brand, or name of alcoholic liquor
as
to
which the right to sell at wholesale is granted; and
(4) the geographical areas for which the right to sell at
wholesale
is
granted.
Such manufacturer, non-resident dealer, distributor, importing distributor,
or
foreign
importer may grant the right to sell at wholesale any trade mark, brand
or name of any alcoholic liquor in any geographical area to more than
one person. If the registration is received after the effective date, the
Commission shall treat the date the registration was received in the Chicago
office as the effective
date. Such registration shall be made on a form prescribed by the
State Commission and the State Commission may require such registration
to be on a form provided by it.
A non-resident dealer or foreign importer who is not a manufacturer shall file the registration statement jointly with the manufacturer identifying the person authorized by the manufacturer to sign the registration statement on behalf of the manufacturer. No such registration shall be made
in any other manner than as is provided in this
Section and only those persons registered by the manufacturer, non-resident
dealer, distributor, importing distributor or foreign importer, shall have
the right to sell at wholesale in this State, the brand of alcoholic liquor
specified on the registration form.
However, a licensed Illinois distributor who has not been registered to
sell a brand of alcoholic liquor, but for a period of 2 years prior
to
November 8, 1979 has been engaged in the purchase of a brand for resale
from a licensed Illinois distributor who has the right to sell that brand
at wholesale, may continue to purchase and resell the brand at wholesale,
and may purchase from the same distributor and resell at wholesale any
new brands of the same manufacturer, provided that:
(1) Within 60 days after November 8, 1979 he | ||
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(2) Thereafter, he notifies the State Commission in | ||
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(3) His licensed business address is within the | ||
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(4) His sales are made within the geographical area | ||
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No person to whom such right is granted shall sell at wholesale in
this State any alcoholic liquor bearing such trade mark, brand or name
outside of the geographical area for which such person holds such
selling right, as registered with the State Commission, nor shall he
sell such alcoholic liquor within such geographical area to a retail
licensee if the premises specified in such retailer's license are
located outside such geographical area.
Any licensed Illinois distributor who has not been granted the right to sell
any alcoholic liquor at wholesale and is purchasing alcoholic liquor from a
person who has been granted the right to sell at wholesale may sell and deliver
only to retail licensees whose licensed premises are within the same
geographical area as the person who has been granted the right to sell at
wholesale.
No manufacturer, importing distributor, distributor, non-resident dealer,
or foreign
importer shall sell or deliver any package containing alcoholic liquor
manufactured or distributed by him for resale, unless the person to whom
such package is sold or delivered is authorized to receive such package
in accordance with the provisions of this Act.
(Source: P.A. 96-482, eff. 8-14-09.)
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(235 ILCS 5/6-9.1)
Sec. 6-9.1. Deliveries to retail establishments.
(a) A distributor of wine or spirits shall deliver to any retailer within
any
geographic area in which that distributor has been granted by a wholesaler the
right to sell its trademark, brand, or name at least once every 2 weeks if (i)
in
the case of a retailer located in a county with a population of at least
3,000,000 inhabitants or in a county adjacent to a county with at least
3,000,000 inhabitants, the retailer agrees to purchase at least $200 of wine or
spirits from the distributor every 2 weeks; or (ii) in the case of a retailer
located in a county with a population of less than 3,000,000 that is not
adjacent to a county with a population of at least 3,000,000 inhabitants, the
retailer agrees to purchase at least $50 of wine or spirits from the
distributor
every 2 weeks.
(b) On January 1, 2002 and every 2 years thereafter, the dollar amounts in
items
(i) and (ii) of subsection (a) shall be increased or decreased by a percentage
equal to the percentage increase or decrease in the Consumer Price Index
during the previous 2 years according to the most recent available data. (c) Any brewer or non-resident dealer which holds self-distribution privileges pursuant to a class 1 brewer license or a class 3 brewer license under this Act shall deliver beer to any retailer in the brewer's wholly owned or leased vehicles or through a freight forwarding service, excluding common carriers such as Federal Express, United Parcel Service, or similar common carriers, and shall provide services to the retailer upon the request of the retailer if such services are permitted under this Act and the rules of the Commission.
(Source: P.A. 102-442, eff. 8-20-21.)
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(235 ILCS 5/6-9.5) Sec. 6-9.5. Definitions. As used in this Section through Section 6-9.15: "Common ownership" means any ownership interest of more than 5% of the total ownership interest of 2 or more retail licensees. "Cooperative agent" means a person or persons with the authority to contract for the purchase and delivery of wine and spirits on behalf of a cooperative purchase group. "Cooperative purchase group" means a group of 2 or more individually owned or commonly owned retail licensees who join together to enter into a cooperative purchase agreement. "Cooperative purchasing agreement" means an agreement entered into between 2 or more individually owned, commonly owned, or not commonly owned retail licensees for the purpose of purchasing wine or spirits, excluding any product fermented with malt or any substitute for malt, from a distributor or importing distributor. "Quantity discounting" means a sales program between a wine or spirits distributor or importing distributor and a retail licensee, retail licensees, or a cooperative purchase group in which the primary purpose of the program is to increase product sales to retail licensees and is not a subterfuge to provide prohibited things of value as inducements to retail licensees or to the members of a cooperative purchasing group. "Quantity discounting" includes circumstances in which a wine or spirits distributor or importing distributor offers a retail licensee, retail licensees, or a cooperative purchase group a discount based upon an agreement by which the retail licensee, retail licensees, or a cooperative purchase group may purchase a predetermined number of products in return for receiving a discount on the goods purchased that may be applied either as a price reduction at the time of sale or as a rebate or credit following the sale.
(Source: P.A. 102-442, eff. 8-20-21.) |
(235 ILCS 5/6-9.10) Sec. 6-9.10. Cooperative purchasing agreements. (a) A cooperative purchasing agreement shall only be valid if the following conditions are met: (1) the agreement is in writing and signed by all | ||
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(2) the agreement contains the complete license | ||
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(3) a retail licensee that is a party to the | ||
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(4) the agreement identifies and designates the | ||
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(5) a copy of the executed agreement, including any | ||
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(6) a copy of the executed agreement, including any | ||
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(7) the agreement must designate whether the | ||
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(b) A retail licensee may, pursuant to a cooperative purchasing agreement, make purchases as a member of a cooperative purchase group or independently of any such group. Nothing in this Section or any other Section of this Act shall be construed to prohibit commonly or not commonly owned retail licensees from making purchases separate and apart from any membership in a cooperative purchase group. (c) A retailer may only be a member of one cooperative purchase group at a time. A retail licensee may change to a different cooperative purchase group no more than twice in a 12-month period. However, if an existing cooperative purchase group member purchases a retail location from a member of another cooperative purchase group, the new owner of the retail location may move the membership of the retail licensee to a different cooperative purchasing group. (d) When a retail licensee joins an existing cooperative purchasing group, the new member must be a member for a period of 7 days before being able to participate in any quantity discount programs. (e) Cooperative purchasing group members must be either all on-premises retail licensees or all off-premises retail licensees. (f) Any individual retail licensee that is a member of a cooperative purchase group that fails to comply with the terms and conditions of this Section may be deemed to be in violation of Section 6-5. Any distributor or importing distributor that fails to comply with this Section may be deemed to be in violation of Section 6-5. (g) The State Commission shall keep a list of the members of each cooperative purchase group and shall make that list available on its website. (h) A retail licensee that is a member of a cooperative purchase group shall not have an ownership interest, directly or indirectly, in any entity licensed by this Act other than a retailer. (i) It is unlawful for a distributor or importing distributor to furnish, give, or lend money or anything of value to a cooperative agent. (j) It is the duty of each retail licensee of the cooperative purchase group to make books and records available upon reasonable notice for the purpose of investigation and control by the State Commission or any local liquor control commission having jurisdiction over the retail licensee of the cooperative purchase group. (k) A cooperative agent shall not have an ownership interest, directly or indirectly, in an entity licensed under any other license category under this Act. (l) A retailer, manufacturer, importing distributor, distributor, or cooperative agent shall remain in compliance with federal law pursuant to the prohibitions and exceptions provided in 27 CFR Part 6 and any promulgated rules thereof. A cooperative agent that is compliant with Sections 6-5 and 6-6 shall not receive cash or anything of value from both the retail licensee and an importing distributor or distributor, non-resident dealer or manufacturers as part of a cooperative purchasing group agreement.
(Source: P.A. 102-442, eff. 8-20-21.) |
(235 ILCS 5/6-9.15) Sec. 6-9.15. Quantity discounting terms for wine or spirits cooperative purchase agreements. (a) All wine or spirits quantity discount programs offered to consumption off the premises retailers must be offered to all consumption off the premises cooperative groups and cooperative agents, and all quantity discount programs offered to consumption on the premises retailers shall be offered to all consumption on the premises cooperative groups and cooperative agents. Quantity discount programs shall: (1) be open and available for acceptance for 7 | ||
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(2) be designed and implemented to produce product | ||
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(3) be based on the volume of product purchased; | ||
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(4) be documented on related sales invoices or | ||
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(5) not require a retail licensee to take and | ||
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(6) not require a retail licensee to purchase one | ||
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(b) A distributor or importing distributor that makes quantity discount sales to participating members of a cooperative purchase group shall issue customary invoices to each participating retail licensee itemizing the wine or spirit sold and delivered as part of a quantity discount program to each participating retail licensee. (c) If a distributor or importing distributor offers a quantity discount for wine or spirits, excluding any product fermented with malt or any substitute for malt, cooperative purchase groups shall purchase a minimum of 250 cases in each quantity discount program. Each individual participating member of a cooperative purchase group purchasing product through a quantity discount program may be required to purchase the following minimum amounts: (1) 2% of cases of any quantity discount program of | ||
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(2) 1.5% of cases of any quantity discount program | ||
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(3) 1% of cases of any quantity discount program of | ||
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(d) The cooperative agent shall place each cooperative purchase order under the name of the cooperative purchase group and shall identify each participating retail member involved with the purchase, the quantity of product purchased, the price attributable to each retailer member's purchase, and a requested delivery date. A retail licensee may make purchases through a cooperative purchasing group or independently of such group. Nothing in this Section shall be construed to prohibit retail licensees from making purchases separate and apart from any cooperative purchasing group. (e) Each distributor or importing distributor shall separately invoice each participating cooperative purchase group member for the purchase made on behalf of such participating member. (f) A cooperative purchasing group shall maintain the records of each cooperative purchase order placed for 90 days. The records shall include: (1) the date the cooperative purchasing group order | ||
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(2) the distributor or importing distributor with | ||
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(3) the names and license numbers of each | ||
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(4) the price discounts and net price of all wine | ||
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(5) the requested delivery date for the order. (g) A cooperative purchase group is subject to the books and records requirements of Section 6-10 and subsection (e) of 11 Ill. Adm. Code 100.130. (h) A cooperative purchasing group shall retain a surety bond at all times for no less than $250,000. If a cooperative purchasing group member is delinquent in payment pursuant to Section 6-5, the surety shall immediately pay the importing distributor or distributor the delinquent amount. The surety bond required by this Section may be acquired from a company, agent, or broker of the cooperative purchase group's choice. If the surety bond does not cure the indebtedness, the 30-day merchandising credit requirements of Section 6-5 shall apply jointly to each cooperative purchasing group until the indebtedness is cured. The cooperative purchasing group is responsible for all costs and fees related to the surety bond. (i) Any licensee that fails to comply with the terms and conditions of this Section may be deemed to be in violation of this Act. (j) Nothing in this Section shall apply to quantity discount programs offered for any product fermented with malt or any substitute for malt. Nothing in this Section shall be construed to prohibit, limit, or interfere with quantity discount, credit, or rebate programs offered for any product fermented with malt or any substitute for malt.
(Source: P.A. 102-442, eff. 8-20-21; 103-154, eff. 6-30-23.) |
(235 ILCS 5/6-10) (from Ch. 43, par. 126a)
Sec. 6-10.
Books and records available for investigation and control;
maintenance. It shall be the duty of every retail licensee to make books
and records available upon reasonable notice for the purpose of
investigation and control by the Illinois Liquor Control Commission or any
local liquor control commission having jurisdiction over the licensee.
Such books and records need not be maintained on the licensed premises, but
must be maintained in the State of Illinois; however,
if access is available electronically, the books and records may be maintained
out
of state. However, all original invoices
or copies thereof covering purchases of alcoholic liquor must be retained on
the licensed premises for a period of 90 days after such purchase, unless the
Commission has granted a waiver in response to a written request in cases where
records are kept at a central business location within the State of Illinois
or in cases where books and records that are available electronically are
maintained out of state.
(Source: P.A. 89-250, eff. 1-1-96.)
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(235 ILCS 5/6-11)
Sec. 6-11. Sale near churches, schools, and hospitals.
(a) No license shall be issued for the sale at retail of any
alcoholic liquor within 100 feet of any church, school other than an
institution of higher learning, hospital, home for aged or indigent
persons or for veterans, their spouses or children or any military or
naval station, provided, that this prohibition shall not apply to hotels
offering restaurant service, regularly organized clubs, or to
restaurants, food shops or other places where sale of alcoholic liquors
is not the principal business carried on if the place of business so
exempted is not located in a municipality of more than 500,000 persons,
unless required by local ordinance; nor to the renewal of a license for the
sale at retail of alcoholic liquor on premises within 100 feet of any church
or school where the church or school has been established within such
100 feet since the issuance of the original license. In the case of a
church, the distance of 100 feet shall be measured to the nearest part
of any building used for worship services or educational programs and
not to property boundaries.
(a-5) Notwithstanding any provision of this Section to the contrary, a local liquor control commissioner may grant an exemption to the prohibition in subsection (a) of this Section if a local rule or ordinance authorizes the local liquor control commissioner to grant that exemption. (b) Nothing in this Section shall prohibit the issuance of a retail
license
authorizing the sale of alcoholic liquor to a restaurant, the primary business
of which is the sale of goods baked on the premises if (i) the restaurant is
newly constructed and located on a lot of not less than 10,000 square feet,
(ii) the restaurant costs at least $1,000,000 to construct, (iii) the licensee
is the titleholder to the premises and resides on the premises, and (iv) the
construction of the restaurant is completed within 18 months of July 10, 1998 (the effective
date of Public Act 90-617).
(c) Nothing in this Section shall prohibit the issuance of a retail
license
authorizing the sale of alcoholic liquor incidental to a restaurant if (1) the
primary
business of the restaurant consists of the sale of food where the sale of
liquor is incidental to the sale of food and the applicant is a completely new
owner of the restaurant, (2) the immediately
prior owner or operator of the premises where the restaurant is located
operated the premises as a restaurant and held a valid retail license
authorizing the
sale of alcoholic liquor at the restaurant for at least part of the 24 months
before the
change of ownership, and (3) the restaurant is located 75 or more feet from a
school.
(d) In the interest of further developing Illinois' economy in the area
of
commerce, tourism, convention, and banquet business, nothing in this
Section shall
prohibit issuance of a retail license authorizing the sale of alcoholic
beverages to a restaurant, banquet facility, grocery store, or hotel having
not fewer than
150 guest room accommodations located in a municipality of more than 500,000
persons, notwithstanding the proximity of such hotel, restaurant,
banquet facility, or grocery store to any church or school, if the licensed
premises
described on the license are located within an enclosed mall or building of a
height of at least 6 stories, or 60 feet in the case of a building that has
been registered as a national landmark, or in a grocery store having a
minimum of 56,010 square feet of floor space in a single story building in an
open mall of at least 3.96 acres that is adjacent to a public school that
opened as a boys technical high school in 1934, or in a grocery store having a minimum of 31,000 square feet of floor space in a single story building located a distance of more than 90 feet but less than 100 feet from a high school that opened in 1928 as a junior high school and became a senior high school in 1933, and in each of these
cases if the sale of
alcoholic liquors is not the principal business carried on by the licensee.
For purposes of this Section, a "banquet facility" is any part of a
building that caters to private parties and where the sale of alcoholic liquors
is not the principal business.
(e) Nothing in this Section shall prohibit the issuance of a license to
a
church or private school to sell at retail alcoholic liquor if any such
sales are limited to periods when groups are assembled on the premises
solely for the promotion of some common object other than the sale or
consumption of alcoholic liquors.
(f) Nothing in this Section shall prohibit a church or church affiliated
school
located in a home rule municipality or in a municipality with 75,000 or more
inhabitants from locating
within 100 feet of a property for which there is a preexisting license to sell
alcoholic liquor at retail. In these instances, the local zoning authority
may, by ordinance adopted simultaneously with the granting of an initial
special use zoning permit for the church or church affiliated school, provide
that the 100-foot restriction in this Section shall not apply to that church or
church affiliated school and future retail liquor licenses.
(g) Nothing in this Section shall prohibit the issuance of a retail
license authorizing the sale of alcoholic liquor at premises within 100 feet,
but not less than 90 feet, of a public school if (1) the premises have been
continuously licensed to sell alcoholic liquor
for a period of at least 50 years,
(2) the premises are located in a municipality having a population of over
500,000 inhabitants, (3) the licensee is an individual who is a member of a
family that has held the previous 3 licenses for that location for more than 25
years, (4) the
principal of the school and the alderperson of the ward in which the school is
located have delivered a written statement to the local liquor control
commissioner stating that they do not object to the issuance of a license
under this subsection (g), and (5) the local liquor control commissioner has
received the written consent of a majority of the registered voters who live
within 200 feet of the premises.
(h) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within premises and at an outdoor patio area attached to premises that are located in a municipality with a population in excess of 300,000 inhabitants and that are within 100 feet of a church if:
(1) the sale of alcoholic liquor at the premises is | ||
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(2) the sale of liquor is not the principal business | ||
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(3) the premises are less than 1,000 square feet, (4) the premises are owned by the University of | ||
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(5) the premises are immediately adjacent to property | ||
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(6) the principal religious leader at the place of | ||
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(i) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 300,000 inhabitants and is within 100 feet of a church, synagogue, or other place of worship if: (1) the primary entrance of the premises and the | ||
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(2) the principal religious leader at the place of | ||
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(j) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance of a retail
license authorizing the sale of alcoholic liquor at a theater that is within 100 feet of a church if (1) the church owns the theater, (2) the church leases the theater to one or more entities, and
(3) the theater is used by at least 5 different not-for-profit theater groups. (k) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
(1) the primary entrance of the premises and the | ||
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(2) the southeast corner of the premises are at least | ||
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(3) the school was built in 1978; (4) the sale of alcoholic liquor at the premises is | ||
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(5) the sale of alcoholic liquor is not the principal | ||
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(6) the applicant is the owner of the restaurant and | ||
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(7) the premises is at least 2,300 square feet and | ||
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(l) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a church or school if: (1) the primary entrance of the premises and the | ||
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(2) the shortest distance between the premises and | ||
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(3) the applicant is the owner of the restaurant and | ||
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(4) the sale of alcoholic liquor at the premises is | ||
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(5) the sale of alcoholic liquor is not the principal | ||
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(6) the premises is at least 3,200 square feet and | ||
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(7) the principal religious leader at the place of | ||
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(m) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a church if: (1) the premises and the church are perpendicular, | ||
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(2) the shortest distance between the premises lot | ||
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(3) the church was established at the current | ||
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(4) the premises is a single story, single use | ||
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(5) the sale of alcoholic liquor at the premises is | ||
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(6) the sale of alcoholic liquor is not the principal | ||
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(7) the principal religious leader at the place of | ||
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(n) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if: (1) the school is a City of Chicago School District | ||
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(2) the school is located within subarea E of City of | ||
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(3) the sale of alcoholic liquor is not the principal | ||
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(4) the sale of alcoholic liquor at the premises is | ||
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(5) the administration of City of Chicago School | ||
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(o) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a retail license authorizing the sale of alcoholic liquor at a premises that is located within a municipality in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of alcoholic liquor at the premises is | ||
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(2) the sale of alcoholic liquor is not the principal | ||
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(3) the premises is located on a street that runs | ||
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(4) the primary entrance of the premises is at least | ||
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(5) the shortest distance between any part of the | ||
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(6) the premises is between 3,600 and 4,000 square | ||
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(7) the premises was built in the year 1909. For purposes of this subsection (o), "premises" means a place of business together with a privately owned outdoor location that is adjacent to the place of business. (p) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the shortest distance between the backdoor of the | ||
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(2) the church was established at the current | ||
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(3) liquor has been sold on the premises since at | ||
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(q) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church-owned property if: (1) the premises is located within a larger building | ||
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(2) the area of the premises does not exceed 720 | ||
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(3) the larger building containing the premises is | ||
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(4) the sale of liquor is not the principal business | ||
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(5) the primary entrance of the larger building and | ||
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(6) the larger building is separated from the | ||
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(7) the larger building containing the premises and | ||
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(8) (Blank). (r) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance, renewal, or maintenance of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the primary entrance of the church and the | ||
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(2) the restaurant has operated on the ground floor | ||
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(3) the primary business of the restaurant consists | ||
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(4) the sale of alcoholic liquor is conducted | ||
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(5) the restaurant has held a license authorizing the | ||
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(s) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population more than 5,000 and less than 10,000 and is within 100 feet of a church if: (1) the church was established at the location within | ||
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(2) a license for sale of alcoholic liquor at the | ||
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(3) a license for the sale of alcoholic liquor on | ||
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(t) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a
license authorizing the sale of alcoholic liquor
incidental to the sale of food within a restaurant that is established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school and a church if: (1) the restaurant is located inside a five-story | ||
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(2) the area of the premises does not exceed 31,050 | ||
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(3) the area of the restaurant does not exceed 5,800 | ||
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(4) the building has no less than 78 condominium | ||
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(5) the construction of the building in which the | ||
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(6) the building has 10 storefront properties, 3 of | ||
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(7) the restaurant will open for business in 2010; (8) the building is north of the school and separated | ||
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(9) the principal religious leader of the church and | ||
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(u) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if: (1) the premises operates as a restaurant and has | ||
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(2) the applicant is the owner of the premises; (3) the sale of alcoholic liquor is incidental to the | ||
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(4) the sale of alcoholic liquor is not the principal | ||
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(5) the premises occupy the first floor of a 3-story | ||
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(6) the rear lot of the school and the rear corner of | ||
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(7) the distance from the southwest corner of the | ||
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(8) the distance from the rear door of the premises | ||
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(9) the school is a City of Chicago School District | ||
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(10) the school's main structure was erected in 1902 | ||
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(11) the principal of the school and the alderperson | ||
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(v) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if: (1) the total land area of the premises for which the | ||
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(2) the premises for which the license or renewal is | ||
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(3) the total area of all buildings on the premises | ||
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(4) the property line of the premises for which the | ||
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(5) the distance from the school's property line to | ||
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(6) as of June 14, 2011 (the effective date of Public | ||
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(w) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of alcoholic liquor at the premises is | ||
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(2) the sale of alcoholic liquor is not the principal | ||
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(3) the premises occupy the first floor and basement | ||
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(4) the premises is at least 7,000 square feet and | ||
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(5) the premises is located directly west of the | ||
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(6) the distance between the property line of the | ||
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(7) the distance between the primary entrance of the | ||
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(8) the church has been at its location for at least | ||
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(x) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of alcoholic liquor is not the principal | ||
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(2) the church has been operating in its current | ||
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(3) the premises has been operating in its current | ||
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(4) the church and the premises are owned by the same | ||
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(5) the premises is used for cultural and educational | ||
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(6) the primary entrance to the premises and the | ||
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(7) the principal religious leader of the church has | ||
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(8) the premises is a 2-story building of | ||
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(9) the premises houses a ballroom on its ground | ||
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(y) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if: (1) the sale of alcoholic liquor is not the principal | ||
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(2) the sale of alcoholic liquor at the premises is | ||
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(3) according to the municipality, the distance | ||
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(4) the school is a City of Chicago School District | ||
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(5) the school has been operating since 1959; (6) the primary entrance to the premises and the | ||
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(7) the street on which the entrances of the premises | ||
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(8) the premises is a single-story building of | ||
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(9) the premises is used for commercial purposes only. (z) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a mosque if: (1) the sale of alcoholic liquor is not the principal | ||
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(2) the licensee shall only sell packaged liquors at | ||
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(3) the licensee is a national retail chain having | ||
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(4) the licensee has over 8,000 locations nationwide; (5) the licensee has locations in all 50 states; (6) the premises is located in the North-East | ||
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(7) the premises is a free-standing building that has | ||
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(8) the premises has approximately 14,490 square feet | ||
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(9) the premises has approximately 799 square feet of | ||
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(10) the premises is located on a major arterial | ||
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(11) the alderperson of the ward in which the | ||
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(aa) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of alcoholic liquor is not the principal | ||
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(2) the licensee shall only sell packaged liquors at | ||
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(3) the licensee is a national retail chain having | ||
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(4) the licensee has over 8,000 locations nationwide; (5) the licensee has locations in all 50 states; (6) the premises is located in the North-East | ||
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(7) the premises is located across the street from a | ||
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(8) the premises has approximately 16,148 square feet | ||
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(9) the premises has approximately 992 square feet of | ||
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(10) the premises is located on a major arterial | ||
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(11) the alderperson of the ward in which the | ||
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(bb) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of alcoholic liquor is not the principal | ||
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(2) the sale of alcoholic liquor at the premises is | ||
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(3) the primary entrance to the premises and the | ||
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(4) the premises is across the street from the church; (5) the street on which the premises and the church | ||
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(6) the church is an elder-led and Bible-based | ||
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(7) the premises and the church are both single-story | ||
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(8) the storefront directly west of the church is | ||
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(9) the distance between the northern-most property | ||
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(cc) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if: (1) the sale of alcoholic liquor is not the principal | ||
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(2) the licensee shall only sell packaged liquors at | ||
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(3) the licensee is a national retail chain; (4) as of October 25, 2011, the licensee has 1,767 | ||
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(5) the licensee shall occupy approximately 124,000 | ||
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(6) the school opened in August of 2009 and occupies | ||
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(7) the building in which the premises shall be | ||
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(dd) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if: (1) the premises is constructed on land that was | ||
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(2) the premises is constructed on land that was | ||
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(3) the sale of alcoholic liquor is not the principal | ||
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(4) the main entrance to the store is more than 100 | ||
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(5) the premises is to be new construction; (6) the school is a private school; (7) the principal of the school has given written | ||
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(8) the alderperson of the ward where the premises is | ||
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(9) the grocery store level of the premises is | ||
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(10) the owner and operator of the grocery store | ||
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(ee) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if: (1) the premises is constructed on land that once | ||
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(2) the premises is located on land that has | ||
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(3) the premises is located within a retail complex | ||
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(4) the principal activity of any restaurant in the | ||
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(5) the sale of alcoholic liquor is not the principal | ||
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(6) the entrance to any business that sells alcoholic | ||
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(7) the alderperson of the ward where the premises | ||
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(8) the principal of the school has given written | ||
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(ff) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if: (1) the sale of alcoholic liquor is not the principal | ||
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(2) the sale of alcoholic liquor at the premises is | ||
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(3) the premises is a one and one-half-story building | ||
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(4) the school is a City of Chicago School District | ||
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(5) the primary entrance of the premises and the | ||
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(6) the alderperson of the ward in which the premises | ||
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(7) the principal of the school has expressed, in | ||
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(gg) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant or banquet facility established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of alcoholic liquor is not the principal | ||
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(2) the property on which the church is located and | ||
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(3) the property on which the premises are located | ||
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(4) the building in which the church is located is at | ||
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(5) the property on which the church is located is | ||
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(6) the western boundary of the property on which the | ||
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(7) as of December 31, 2012, both the church property | ||
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(8) the principal religious leader at the place of | ||
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(9) the alderperson in whose district the premises | ||
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For the purposes of this subsection, "banquet facility" means the part of the building that is located on the floor above a restaurant and caters to private parties and where the sale of alcoholic liquors is not the principal business. (hh) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a hotel and at an outdoor patio area attached to the hotel that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a hospital if: (1) the sale of alcoholic liquor is not the principal | ||
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(2) the hotel is located within the City of Chicago | ||
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(3) the hospital is located within the City of | ||
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(ii) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a restaurant and at an outdoor patio area attached to the restaurant that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a church if: (1) the sale of alcoholic liquor at the premises is | ||
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(2) the restaurant has been operated on the street | ||
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(3) the restaurant is between 3,700 and 4,000 square | ||
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(4) the primary entrance to the restaurant and the | ||
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(5) the street on which the restaurant and the church | ||
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(6) the restaurant and the church are separated by a | ||
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(7) the church is located to the west of and no more | ||
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(8) the principal religious leader at the place of | ||
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(jj) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of alcoholic liquor is not the principal | ||
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(2) the sale of alcoholic liquor is incidental to the | ||
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(3) the premises are located east of the church, on | ||
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(4) the distance between the primary entrance of the | ||
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(5) the distance between the property line of the | ||
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(6) the licensee has been operating at the premises | ||
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(7) the church was constructed in 1904; (8) the alderperson of the ward in which the premises | ||
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(9) the principal religious leader of the church has | ||
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(kk) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if: (1) the sale of alcoholic liquor is not the principal | ||
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(2) the licensee shall only sell packaged liquors on | ||
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(3) the licensee is a national retail chain; (4) as of February 27, 2013, the licensee had 1,778 | ||
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(5) the licensee shall occupy approximately 169,048 | ||
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(6) the alderperson of the ward in which the premises | ||
| ||
(ll) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if: (1) the sale of alcoholic liquor is not the principal | ||
| ||
(2) the licensee shall only sell packaged liquors on | ||
| ||
(3) the licensee is a national retail chain; (4) as of February 27, 2013, the licensee had 1,778 | ||
| ||
(5) the licensee shall occupy approximately 191,535 | ||
| ||
(6) the alderperson of the ward in which the premises | ||
| ||
(mm) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within premises and at an outdoor patio or sidewalk cafe, or both, attached to premises that are located in a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a hospital if: (1) the primary business of the restaurant consists | ||
| ||
(2) as a restaurant, the premises may or may not | ||
| ||
(3) the primary business of the restaurant is | ||
| ||
(4) the hospital is an adult acute care facility | ||
| ||
(nn) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of alcoholic liquor is not the principal | ||
| ||
(2) the sale of alcoholic liquor at the premises is | ||
| ||
(3) the premises are a building that was constructed | ||
| ||
(4) the church was constructed in 1889 with a stone | ||
| ||
(5) the primary entrance of the premises and the | ||
| ||
(6) the principal religious leader at the place of | ||
| ||
(7) the alderperson in whose ward the premises are | ||
| ||
(oo) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a mosque, church, or other place of worship if: (1) the primary entrance of the premises and the | ||
| ||
(2) the primary entrance to the premises faces West | ||
| ||
(3) the distance between the 2 primary entrances is | ||
| ||
(4) the mosque, church, or other place of worship was | ||
| ||
(5) the mosque, church, or other place of worship was | ||
| ||
(6) a license for the sale of alcohol at the premises | ||
| ||
(7) a license for the sale of alcohol at the premises | ||
| ||
(8) the premises are a single-story, single-use | ||
| ||
(pp) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant or banquet facility established on premises that are located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of at least one church if: (1) the sale of liquor shall not be the principal | ||
| ||
(2) the premises are at least 2,000 square feet and | ||
| ||
(3) the property on which the premises are located is | ||
| ||
(4) the property on which the premises are located | ||
| ||
(5) the property on which the premises are located is | ||
| ||
(6) the property on which the premises are located is | ||
| ||
(7) the principal religious leaders of the churches | ||
| ||
(8) the alderperson in whose ward the premises are | ||
| ||
For purposes of this subsection (pp), "banquet facility" means the part of the building that caters to private parties and where the sale of alcoholic liquors is not the principal business. (qq) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor on premises that are located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church or school if: (1) the primary entrance of the premises and the | ||
| ||
(2) the shortest distance between the premises and | ||
| ||
(3) the premises are a single-story, steel-framed | ||
| ||
(4) the owner of the business operated within the | ||
| ||
(5) the principal religious leader at the place of | ||
| ||
(6) the alderperson of the ward has indicated his or | ||
| ||
(7) the principal of the school has indicated his or | ||
| ||
(rr) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a club that leases space to a school if: (1) the sale of alcoholic liquor is not the principal | ||
| ||
(2) the sale of alcoholic liquor at the premises is | ||
| ||
(3) the premises are a building of approximately | ||
| ||
(4) the property line of the premises is | ||
| ||
(5) the primary entrance of the premises and the | ||
| ||
(6) the director of the club renting space to the | ||
| ||
(7) the alderperson in whose district the premises | ||
| ||
(ss) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the premises are located within a 15 unit | ||
| ||
(2) a restaurant has been operated on the premises | ||
| ||
(3) the restaurant currently occupies 1,075 square | ||
| ||
(4) the sale of alcoholic liquor is not the principal | ||
| ||
(5) the premises are located south of the church and | ||
| ||
(6) the primary entrance of the premises is at least | ||
| ||
(7) the shortest distance between any part of the | ||
| ||
(8) the building in which the restaurant is located | ||
| ||
(9) the alderperson of the ward in which the premises | ||
| ||
(10) the principal religious leader of the church has | ||
| ||
(tt) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of alcoholic liquor is not the principal | ||
| ||
(2) the sale of alcoholic liquor is incidental to the | ||
| ||
(3) the sale of alcoholic liquor at the premises was | ||
| ||
(4) the premises are at least 40,000 square feet with | ||
| ||
(5) the shortest distance between the lot line of the | ||
| ||
(6) the distance between the building in which the | ||
| ||
(7) the main entrance to the church faces west and is | ||
| ||
(8) the applicant is the owner of 10 similar grocery | ||
| ||
(uu) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of alcoholic liquor is not the principal | ||
| ||
(2) the sale of alcoholic liquor is incidental to the | ||
| ||
(3) the premises are located in a building that is | ||
| ||
(4) the main entrance to the church faces west and is | ||
| ||
(5) the church and the premises are separated by an | ||
| ||
(6) the applicant is the owner of 9 similar grocery | ||
| ||
(7) the alderperson of the ward in which the premises | ||
| ||
(vv) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of alcoholic liquor is the principal | ||
| ||
(2) the sale of alcoholic liquor is primary to the | ||
| ||
(3) the premises are located south of the church and | ||
| ||
(4) the primary entrance of the premises is at least | ||
| ||
(5) the shortest distance between any part of the | ||
| ||
(6) the premises are less than 100 feet from the | ||
| ||
(7) the premises are 25,830 square feet and sit on a | ||
| ||
(8) the premises were once designated as a Korean | ||
| ||
(9) the premises were built in 1910; (10) the alderperson of the ward in which the | ||
| ||
(11) the principal religious leader of the church has | ||
| ||
For the purposes of this subsection (vv), "premises" means a place of business together with a privately owned outdoor location that is adjacent to the place of business.
(ww) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a school if: (1) the school is located within Sub Area III of City | ||
| ||
(2) the premises are located within Sub Area I, Sub | ||
| ||
(xx) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of wine or wine-related products is the | ||
| ||
(2) the primary entrance of the premises and the | ||
| ||
(3) the building in which the premises are located | ||
| ||
(4) the premises consists of less than 2,000 square | ||
| ||
(5) the premises are located on the first floor of a | ||
| ||
(6) the principal religious leader at the church has | ||
| ||
(yy) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the premises are a 27-story hotel containing 191 | ||
| ||
(2) the sale of alcoholic liquor is not the principal | ||
| ||
(3) the hotel is adjacent to the church; (4) the site is zoned as DX-16; (5) the principal religious leader of the church has | ||
| ||
(6) the alderperson of the ward in which the premises | ||
| ||
(zz) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the premises are a 15-story hotel containing 143 | ||
| ||
(2) the premises are approximately 85,691 square feet; (3) a restaurant is operated on the premises; (4) the restaurant is located in the first floor | ||
| ||
(5) the sale of alcoholic liquor is not the | ||
| ||
(6) the hotel is located approximately 50 feet from | ||
| ||
(7) the site is zoned as DX-16; (8) the principal religious leader of the church has | ||
| ||
(9) the alderperson of the ward in which the premises | ||
| ||
(aaa) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if: (1) the sale of alcoholic liquor is not the primary | ||
| ||
(2) the premises are newly constructed on land that | ||
| ||
(3) the grocery store is located within a planned | ||
| ||
(4) the premises are located in a multi-building, | ||
| ||
(5) the entrance to the grocery store is located more | ||
| ||
(6) the entrance to the grocery store is located | ||
| ||
(7) the grocery store executed a binding lease for | ||
| ||
(8) the premises consist of 2 levels and occupy more | ||
| ||
(9) the owner and operator of the grocery store | ||
| ||
(10) the director of the school has expressed, in | ||
| ||
(bbb) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of alcoholic liquor at the premises is | ||
| ||
(2) the premises are located in a single-story | ||
| ||
(3) the premises are located in a B3-2 zoning | ||
| ||
(4) the premises are less than 4,000 square feet; (5) the church established its congregation in 1891 | ||
| ||
(6) the premises are located south of the church; (7) the premises and church are located on the same | ||
| ||
(8) the principal religious leader of the church has | ||
| ||
(ccc) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a full-service grocery store at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church and school if: (1) as of March 14, 2007, the premises are located in | ||
| ||
(2) the sale of alcoholic liquor is not the principal | ||
| ||
(3) the sale of alcoholic liquor is incidental to the | ||
| ||
(4) the owner and operator of the grocery store | ||
| ||
(5) the premises are new construction when the | ||
| ||
(6) the constructed premises are to be no less than | ||
| ||
(7) the school is a private church-affiliated school; (8) the premises and the property containing the | ||
| ||
(9) the pastor of the church and school has | ||
| ||
(10) the alderperson of the ward in which the | ||
| ||
(ddd) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church or school if: (1) the business has been issued a license from the | ||
| ||
(2) the theater has less than 200 seats; (3) the premises are approximately 2,700 to 3,100 | ||
| ||
(4) the premises are located to the north of the | ||
| ||
(5) the primary entrance of the premises and the | ||
| ||
(6) the primary entrance of the premises and the | ||
| ||
(7) the premises are located in a building that is at | ||
| ||
(8) any church or school located within 100 feet of | ||
| ||
(eee) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church and school if: (1) the sale of alcoholic liquor is incidental to the | ||
| ||
(2) the sale of alcoholic liquor is not the principal | ||
| ||
(3) a family-owned restaurant has operated on the | ||
| ||
(4) the premises occupy the first floor of a 3-story | ||
| ||
(5) the distance between the property line of the | ||
| ||
(6) the church was established at its current | ||
| ||
(7) the primary entrance of the premises is at least | ||
| ||
(8) the school is affiliated with the church; (9) the principal religious leader at the place of | ||
| ||
(10) the principal of the school has indicated in | ||
| ||
(11) the alderperson of the ward in which the | ||
| ||
(fff) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of alcoholic liquor is not the | ||
| ||
(2) the sale of alcoholic liquor at the | ||
| ||
(3) the premises are a one-story building | ||
| ||
(4) the sale of alcoholic liquor at the | ||
| ||
(5) the grocery store has operated at the | ||
| ||
(6) the grocery store is closed on Sundays; (7) the property on which the premises are | ||
| ||
(8) the property line of the premises is | ||
| ||
(9) the premises are separated from the | ||
| ||
(10) the primary entrance of the premises and | ||
| ||
(11) representatives of the church have | ||
| ||
(12) the alderperson of the ward in which the | ||
| ||
(ggg) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of licenses authorizing the sale of alcoholic liquor within a restaurant or lobby coffee house at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church and school if: (1) a residential retirement home formerly operated | ||
| ||
(2) the restaurant and lobby coffee house are located | ||
| ||
(3) the premises are located in a single-building, | ||
| ||
(4) the sale of alcoholic liquor is not the primary | ||
| ||
(5) the entrance to the apartment residence is more | ||
| ||
(6) the entrance to the apartment residence is | ||
| ||
(7) the school is affiliated with the church; (8) the pastor of the parish, principal of the | ||
| ||
(9) the alderperson of the ward in which the premises | ||
| ||
(10) the neighborhood block club has given | ||
| ||
(hhh) Notwithstanding any provision of this Section to
the contrary, nothing in this Section shall prohibit the
issuance or renewal of a license to sell alcoholic liquor at
premises located within a municipality with a population
in excess of 1,000,000 inhabitants and within 100 feet of a home for indigent persons or a church if: (1) a restaurant operates on the premises and has | ||
| ||
(2) the sale of alcoholic liquor is incidental to the | ||
| ||
(3) the sale of alcoholic liquor is not the principal | ||
| ||
(4) the premises occupy the first floor of a 3-story | ||
| ||
(5) the primary entrance to the premises is more than | ||
| ||
(6) the primary entrance to the premises and the | ||
| ||
(7) the executive director of the home for indigent | ||
| ||
(8) the entrance to the premises is located within | ||
| ||
(9) the entrance to the premises is more than 100 | ||
| ||
(10) the president and the board of directors of the | ||
| ||
(iii) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality in excess of 1,000,000 inhabitants and within 100 feet of a home for the aged if: (1) the sale of alcoholic liquor is not the principal | ||
| ||
(2) the sale of alcoholic liquor at the premises is | ||
| ||
(3) the premises are on the ground floor of a | ||
| ||
(4) the premises occupy 1,916 square feet of space, | ||
| ||
(5) the premises are separated from the home for the | ||
| ||
(6) the primary entrance to the premises and the | ||
| ||
(7) representatives of the home for the aged have | ||
| ||
(8) the alderperson of the ward in which the | ||
| ||
(jjj) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if: (1) as of January 1, 2016, the premises were used for | ||
| ||
(2) the primary entrance to the school and the | ||
| ||
(3) the school was founded in 1949; (4) the building in which the premises are situated | ||
| ||
(5) the building in which the premises are situated | ||
| ||
(6) the school has not indicated its opposition to | ||
| ||
(kkk) (Blank). (lll) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a synagogue or school if: (1) the sale of alcoholic liquor at the premises is | ||
| ||
(2) the sale of alcoholic liquor is not the principal | ||
| ||
(3) the premises are located on the same street on | ||
| ||
(4) the primary entrance to the premises and the | ||
| ||
(5) the shortest distance between the premises and | ||
| ||
(6) the premises are between 1,800 and 2,000 square | ||
| ||
(7) the synagogue was founded in 1861; and (8) the leader of the synagogue has indicated, in | ||
| ||
(mmm) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of licenses authorizing the sale of alcoholic liquor within a restaurant or lobby coffee house at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of alcoholic liquor is not the principal | ||
| ||
(2) the sale of alcoholic liquor at the premises is | ||
| ||
(3) the restaurant has been run by the same family | ||
| ||
(4) the premises are located in a 3-story building in | ||
| ||
(5) the building in which the premises are located | ||
| ||
(6) the primary entrance to the premises is on a | ||
| ||
(7) the primary entrance to the church and the | ||
| ||
(8) the church has expressed, in writing, its support | ||
| ||
(nnn) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of licenses authorizing the sale of alcoholic liquor within a restaurant or lobby coffee house at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school and church or synagogue if: (1) the sale of alcoholic liquor is not the principal | ||
| ||
(2) the sale of alcoholic liquor at the premises is | ||
| ||
(3) the front door of the synagogue faces east on the | ||
| ||
(4) the closest exterior pedestrian entrance that | ||
| ||
(5) the nearest church-related or school-related | ||
| ||
(6) the restaurant is on the ground floor of a | ||
| ||
(7) the restaurant shares the ground floor with a | ||
| ||
(8) the leader of the synagogue and school has | ||
| ||
(9) the alderperson of the ward in which the premises | ||
| ||
(ooo) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 2,000 but less than 5,000 inhabitants in a county with a population in excess of 3,000,000 and within 100 feet of a home for the aged if: (1) as of March 1, 2016, the premises were used to | ||
| ||
(2) the home for the aged was completed in 2015; (3) the home for the aged is a 5-story structure; (4) the building in which the premises are situated | ||
| ||
(5) the building in which the premises are situated | ||
| ||
(6) the home for the aged has not indicated its | ||
| ||
(7) the president of the municipality has expressed | ||
| ||
(ppp) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church or churches if: (1) the shortest distance between the premises and a | ||
| ||
(2) the premises are a single-story, brick commercial | ||
| ||
(3) the premises are located in a B3-2 zoning | ||
| ||
(4) the premises are separated from the buildings | ||
| ||
(5) the previous owners of the business located on | ||
| ||
(6) the new owner of the business located on the | ||
| ||
(7) the principal religious leaders at the places of | ||
| ||
(8) the alderperson of the ward in which the premises | ||
| ||
(qqq) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the sale of alcoholic liquor at the premises is | ||
| ||
(2) the sale of alcoholic liquor is not the principal | ||
| ||
(3) the premises are located on the opposite side of | ||
| ||
(4) the church is located on a corner lot; (5) the shortest distance between the premises and | ||
| ||
(6) the premises are at least 3,000 but no more than | ||
| ||
(7) the church's original chapel was built in 1858; (8) the church's first congregation was organized in | ||
| ||
(9) the leaders of the church and the alderperson of | ||
| ||
(rrr) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a restaurant or banquet facility established within premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church or school if: (1) the sale of alcoholic liquor at the premises is | ||
| ||
(2) the sale of alcoholic liquor is not the principal | ||
| ||
(3) the immediately prior owner or the operator of | ||
| ||
(4) the premises are located immediately east and | ||
| ||
(5) the premises and elementary school are part of an | ||
| ||
(6) the school opened in 1999 and was named after the | ||
| ||
(7) the alderperson of the ward in which the premises | ||
| ||
(sss) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if: (1) the premises are at least 5,300 square feet and | ||
| ||
(2) the shortest distance between the property line | ||
| ||
(3) the distance between the building in which the | ||
| ||
(4) the main entrance to the church faces west and is | ||
| ||
(5) the shortest distance between the property line | ||
| ||
(6) the applicant has been in business for more than | ||
| ||
(7) the principal religious leader of the church has | ||
| ||
(8) the principal of the school has indicated in | ||
| ||
(9) the alderperson of the ward in which the premises | ||
| ||
(ttt) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if: (1) the premises are at least 59,000 square feet and | ||
| ||
(2) the shortest distance between the west property | ||
| ||
(3) the distance between the building in which the | ||
| ||
(4) the main entrance to the church faces west and is | ||
| ||
(5) the shortest distance between the property line | ||
| ||
(6) the applicant has been in business for more than | ||
| ||
(7) the principal religious leader of the church has | ||
| ||
(8) the principal of the school has indicated in | ||
| ||
(9) the alderperson of the ward in which the premises | ||
| ||
(uuu) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a place of worship if: (1) the sale of liquor is incidental to the sale of | ||
| ||
(2) the premises are at least 7,100 square feet; (3) the shortest distance between the north property | ||
| ||
(4) the main entrance to the place of worship faces | ||
| ||
(5) the applicant has been in business for more than | ||
| ||
(6) the principal religious leader of the place of | ||
| ||
(7) the alderperson of the ward in which the premises | ||
| ||
(vvv) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of 2 churches if: (1) as of January 1, 2015, the premises were used for | ||
| ||
(2) a primary entrance of the church situated to the | ||
| ||
(3) the church located to the south of the premises | ||
| ||
(4) a parking lot separates the premises from the | ||
| ||
(5) the building in which the premises are situated | ||
| ||
(6) the building in which the premises are situated | ||
| ||
(7) the building in which the premises are situated | ||
| ||
(8) the primary entrance of the church located to the | ||
| ||
(9) the churches have not indicated their opposition | ||
| ||
(10) the alderperson of the ward in which the | ||
| ||
(www) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of licenses authorizing the sale of alcoholic liquor within a restaurant at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if: (1) the sale of alcoholic liquor is incidental to | ||
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(2) the building in which the restaurant is located | ||
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(3) the restaurant has been operating | ||
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(4) the entrance to the restaurant is more than 200 | ||
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(5) the building in which the restaurant is | ||
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(6) the building in which the restaurant is | ||
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(7) the school building is located 2 blocks from a | ||
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(8) the school is a public school that has | ||
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(9) the local school council has given written | ||
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(10) the alderperson of the ward in which the | ||
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(xxx) (Blank). (yyy) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a store that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the premises are primarily used for the sale of | ||
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(2) on January 1, 2017, the store was authorized to | ||
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(3) on January 1, 2017, the store occupied | ||
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(4) the store was in existence before the church; (5) the building in which the store is located was | ||
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(6) the store and church are separated by an | ||
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(7) the owner of the store received his first liquor | ||
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(8) the church has not indicated its opposition to | ||
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(9) the alderperson of the ward in which the store | ||
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(zzz) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the premises are approximately 2,800 square feet | ||
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(2) the shortest distance between the north property | ||
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(3) the main entrance to the church is on West 18th | ||
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(4) the sale of alcoholic liquor is incidental to the | ||
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(5) the principal religious leader of the church has | ||
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(6) the alderperson of the ward in which the premises | ||
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(aaaa) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if: (1) the shortest distance between the premises and | ||
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(2) the premises are located on the ground floor of | ||
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(3) the premises are approximately 2,557 square | ||
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(4) the premises and the church are located on | ||
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(5) the sale of alcohol is not the principal | ||
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(6) the pastor of the church has not indicated his | ||
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(7) the alderperson of the ward in which the | ||
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(bbbb) Notwithstanding any other provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises or an outdoor location at the premises located within a municipality with a population in excess of 1,000,000 inhabitants and that are within 100 feet of a church or school if: (1) the church was a Catholic cathedral on January 1, | ||
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(2) the church has been in existence for at least 150 | ||
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(3) the school is affiliated with the church; (4) the premises are bordered by State Street on the | ||
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(5) the premises are located within 2 miles of Lake | ||
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(6) the premises are located in and adjacent to a | ||
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(7) the alderperson who represents the district in | ||
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(8) the principal religious leader of the church and | ||
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(cccc) Notwithstanding any other provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a restaurant at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if: (1) the sale of alcoholic liquor is incidental to the | ||
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(2) the building in which the restaurant is located | ||
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(3) the restaurant has been in operation since 2015 | ||
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(4) the entrance to the school faces West Augusta | ||
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(5) the entrance to the restaurant is more than 100 | ||
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(6) the school is a Catholic school affiliated with | ||
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(7) the building in which the restaurant is located | ||
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(8) the principal of the school has not indicated his | ||
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(9) the alderperson of the ward in which the | ||
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(dddd) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if: (1) the premises are approximately 6,250 square feet | ||
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(2) the shortest distance between the south property | ||
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(3) the main entrance to the school is on Christiana | ||
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(4) the sale of alcoholic liquor is incidental to the | ||
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(5) the principal of the school has not indicated his | ||
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(6) the alderperson of the ward in which the premises | ||
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(eeee) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at premises located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if: (1) the premises are approximately 2,300 square feet | ||
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(2) the shortest distance between the south property | ||
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(3) the main entrance to the school is on Cornell | ||
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(4) the sale of alcoholic liquor is incidental to the | ||
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(5) the principal of the school has not indicated his | ||
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(6) the alderperson of the ward in which the premises | ||
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(Source: P.A. 101-81, eff. 7-12-19; 102-15, eff. 6-17-21.)
|
(235 ILCS 5/6-12) (from Ch. 43, par. 127a)
Sec. 6-12.
No license shall be issued to any person for the
sale at retail of
any alcoholic liquor at any store or other place of business where the
majority of customers are minors of school age or where the principal
business transacted consists of school books, school supplies, food,
lunches or drinks for such minors.
(Source: P.A. 82-783.)
|
(235 ILCS 5/6-13) (from Ch. 43, par. 128)
Sec. 6-13.
Except in the case of wineries that have bed and breakfast
facilities, hotels, and clubs, no alcoholic
liquor shall
be sold at retail upon any premises which has any access which leads from
such premises to any other portion of the same building or structure used
for dwelling or lodging purpose and which is permitted to be used or kept
accessible for use by the public. This provision shall not prevent any
connection between such premises and such other portion of the building or
structure which is used only by the licensee, his family and personal
guests.
(Source: P.A. 88-295.)
|
(235 ILCS 5/6-14)
Sec. 6-14. (Repealed).
(Source: P.A. 82-783. Repealed by P.A. 99-46, eff. 7-15-15.)
|
(235 ILCS 5/6-15) (from Ch. 43, par. 130)
Sec. 6-15. No alcoholic liquors shall be sold or delivered in any
building belonging to or under the control of the State or any political
subdivision thereof except as provided in this Act. The corporate
authorities of any city, village, incorporated town, township, or county may provide by
ordinance, however, that alcoholic liquor may be sold or delivered in any
specifically designated building belonging to or under the control of the
municipality, township, or county, or in any building located on land under the
control of the municipality, township, or county; provided that such township or county complies with all
applicable local ordinances in any incorporated area of the township or county.
Alcoholic liquor may be delivered to and sold under the authority of a special use permit on any property owned by a conservation district organized under the Conservation District Act, provided that (i) the alcoholic liquor is sold only at an event authorized by the governing board of the conservation district, (ii) the issuance of the special use permit is authorized by the local liquor control commissioner of the territory in which the property is located, and (iii) the special use permit authorizes the sale of alcoholic liquor for one day or less. Alcoholic liquors may be delivered to and sold at any airport belonging to
or under the control of a municipality of more than 25,000 inhabitants, or
in any building or on any golf course owned by a park district organized under
the Park District
Code, subject to the approval of the governing board of the district, or
in any building or on any golf course owned by a forest preserve district
organized under the Downstate Forest Preserve District Act, subject to the
approval of the governing board of the district, or on the grounds
within 500 feet of any building owned by a forest preserve district
organized under the Downstate Forest Preserve District Act during
times when food is dispensed for consumption within
500 feet of the building from which the food is dispensed,
subject to the
approval of the
governing board of the district, or in a building owned by a Local Mass
Transit District organized under the Local Mass Transit District Act, subject
to the approval of the governing Board of the District, or in Bicentennial
Park, or
on the premises of the City of Mendota Lake Park
located adjacent to Route 51 in Mendota, Illinois, or on the premises of
Camden Park in Milan, Illinois, or in the community center owned by the
City of Loves Park that is located at 1000 River Park Drive in Loves Park,
Illinois, or, in connection with the operation of an established food
serving facility during times when food is dispensed for consumption on the
premises, and at the following aquarium and museums located in public
parks: Art Institute of Chicago, Chicago Academy of Sciences, Chicago
Historical Society, Field Museum of Natural History, Museum of Science and
Industry, DuSable Museum of African American History, John G. Shedd
Aquarium and Adler Planetarium, or at Lakeview Museum of Arts and Sciences
in Peoria, or in connection with the operation of the facilities of the
Chicago Zoological Society or the Chicago Horticultural Society on land
owned by the Forest Preserve District of Cook County,
or on any land used for a golf course or for recreational purposes
owned by the Forest Preserve District of Cook County, subject to the control
of the Forest Preserve District Board of Commissioners and applicable local
law, provided that dram shop liability insurance is provided at
maximum coverage limits so as to hold the
District harmless from all financial loss, damage, and harm,
or in any building
located on land owned by the Chicago Park District if approved by the Park
District Commissioners, or on any land used for a golf course or for
recreational purposes and owned by the Illinois International Port District if
approved by the District's governing board, or at any airport, golf course,
faculty center, or
facility in which conference and convention type activities take place
belonging to or under control of any State university or public community
college district, provided that with respect to a facility for conference
and convention type activities alcoholic liquors shall be limited to the
use of the convention or conference participants or participants
in cultural, political or educational activities held in such facilities,
and provided further that the faculty or staff of the State university or
a public community college district, or members of an organization of
students, alumni, faculty or staff of the State university or a public
community college district are active participants in the conference
or convention, or in Memorial Stadium on the campus of the University of
Illinois at Urbana-Champaign during games in which the
Chicago Bears professional football team is playing in that stadium during the
renovation of Soldier Field, not more than one and a half hours before the
start of the game and not after the end of the third quarter of the game,
or in the Pavilion Facility on the campus of the University of Illinois at Chicago during games in which the Chicago Storm professional soccer team is playing in that facility, not more than one and a half hours before the start of the game and not after the end of the third quarter of the game, or in the Pavilion Facility on the campus of the University of Illinois at Chicago during games in which the WNBA professional women's basketball team is playing in that facility, not more than one and a half hours before the start of the game and not after the 10-minute mark of the second half of the game, or by a catering establishment which has rented facilities
from a board of trustees of a public community college district, or in a restaurant that is operated by a commercial tenant in the North Campus Parking Deck building that (1) is located at 1201 West University Avenue, Urbana, Illinois and (2) is owned by the Board of Trustees of the University of Illinois, or, if
approved by the District board, on land owned by the Metropolitan Sanitary
District of Greater Chicago and leased to others for a term of at least
20 years. Nothing in this Section precludes the sale or delivery of
alcoholic liquor in the form of original packaged goods in premises located
at 500 S. Racine in Chicago belonging to the University of Illinois and
used primarily as a grocery store by a commercial tenant during the term of
a lease that predates the University's acquisition of the premises; but the
University shall have no power or authority to renew, transfer, or extend
the lease with terms allowing the sale of alcoholic liquor; and the sale of
alcoholic liquor shall be subject to all local laws and regulations.
After the acquisition by Winnebago County of the property located at 404
Elm Street in Rockford, a commercial tenant who sold alcoholic liquor at
retail on a portion of the property under a valid license at the time of
the acquisition may continue to do so for so long as the tenant and the
County may agree under existing or future leases, subject to all local laws
and regulations regarding the sale of alcoholic liquor. Alcoholic liquors may be delivered to and sold at Memorial Hall, located at 211 North Main Street, Rockford, under conditions approved by Winnebago County and subject to all local laws and regulations regarding the sale of alcoholic liquor. Each
facility shall provide dram shop liability in maximum insurance coverage
limits so as to save harmless the State, municipality, State university,
airport, golf course, faculty center, facility in which conference and
convention type activities take place, park district, Forest Preserve
District, public community college district, aquarium, museum, or sanitary
district from all financial loss, damage or harm. Alcoholic liquors may be
sold at retail in buildings of golf courses owned by municipalities or Illinois State University in
connection with the operation of an established food serving facility
during times when food is dispensed for consumption upon the premises.
Alcoholic liquors may be delivered to and sold at retail in any building
owned by a fire protection district organized under the Fire Protection
District Act, provided that such delivery and sale is approved by the board
of trustees of the district, and provided further that such delivery and
sale is limited to fundraising events and to a maximum of 6 events per year. However, the limitation to fundraising events and to a maximum of 6 events per year does not apply to the delivery, sale, or manufacture of alcoholic liquors at the building located at 59 Main Street in Oswego, Illinois, owned by the Oswego Fire Protection District if the alcoholic liquor is sold or dispensed as approved by the Oswego Fire Protection District and the property is no longer being utilized for fire protection purposes.
Alcoholic liquors may be served or sold in buildings under the control of the Board of Trustees of the University of Illinois for events that the Board may determine are public events and not related student activities. The Board of Trustees shall issue a written policy within 6 months of August 15, 2008 (the effective date of Public Act 95-847) concerning the types of events that would be eligible for an exemption. Thereafter, the Board of Trustees may issue revised, updated, new, or amended policies as it deems necessary and appropriate. In preparing its written policy, the Board of Trustees shall, among other factors it considers relevant and important, give consideration to the following: (i) whether the event is a student activity or student related activity; (ii) whether the physical setting of the event is conducive to control of liquor sales and distribution; (iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accordance with State law and University policies; (iv) regarding the anticipated attendees at the event, the relative proportion of individuals under the age of 21 to individuals age 21 or older; (v) the ability of the venue operator to prevent the sale or distribution of alcoholic liquors to individuals under the age of 21; (vi) whether the event prohibits participants from removing alcoholic beverages from the venue; and (vii) whether the event prohibits participants from providing their own alcoholic liquors to the venue. In addition, any policy submitted by the Board of Trustees to the Illinois Liquor Control Commission must require that any event at which alcoholic liquors are served or sold in buildings under the control of the Board of Trustees shall require the prior written approval of the Office of the Chancellor for the University campus where the event is located. The Board of Trustees shall submit its policy, and any subsequently revised, updated, new, or amended policies, to the Illinois Liquor Control Commission, and any University event, or location for an event, exempted under such policies shall apply for a license under the applicable Sections of this Act. Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Northern Illinois University
for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after June 28, 2011 (the
effective date of Public Act 97-45) concerning the types of events that would be eligible
for an exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy, the
Board of Trustees shall, in addition to other factors it considers
relevant and important, give consideration to the following:
(i) whether the event is a student activity or student-related
activity; (ii) whether the physical setting of the event is
conducive to control of liquor sales and distribution; (iii)
the ability of the event operator to ensure that the sale or
serving of alcoholic liquors and the demeanor of the
participants are in accordance with State law and University
policies; (iv) the anticipated attendees at the
event and the relative proportion of individuals under the age of
21 to individuals age 21 or older; (v) the ability of the venue
operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue. Alcoholic liquors may be served or sold in buildings under the control of the Board of Trustees of Chicago State University for events that the Board may determine are public events and not student-related activities. The Board of Trustees shall issue a written policy within 6 months after August 2, 2013 (the effective date of Public Act 98-132) concerning the types of events that would be eligible for an exemption. Thereafter, the Board of Trustees may issue revised, updated, new, or amended policies as it deems necessary and appropriate. In preparing its written policy, the Board of Trustees shall, in addition to other factors it considers relevant and important, give consideration to the following: (i) whether the event is a student activity or student-related activity; (ii) whether the physical setting of the event is conducive to control of liquor sales and distribution; (iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accordance with State law and University policies; (iv) the anticipated attendees at the event and the relative proportion of individuals under the age of 21 to individuals age 21 or older; (v) the ability of the venue operator to prevent the sale or distribution of alcoholic liquors to individuals under the age of 21; (vi) whether the event prohibits participants from removing alcoholic beverages from the venue; and (vii) whether the event prohibits participants from providing their own alcoholic liquors to the venue. Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Illinois State University
for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after March 1, 2013 (the effective date of Public Act 97-1166) concerning the types of events that would be eligible
for an exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy, the
Board of Trustees shall, in addition to other factors it considers
relevant and important, give consideration to the following:
(i) whether the event is a student activity or student-related
activity; (ii) whether the physical setting of the event is
conducive to control of liquor sales and distribution; (iii)
the ability of the event operator to ensure that the sale or
serving of alcoholic liquors and the demeanor of the
participants are in accordance with State law and University
policies; (iv) the anticipated attendees at the
event and the relative proportion of individuals under the age of
21 to individuals age 21 or older; (v) the ability of the venue
operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue. Alcoholic liquors may be served or sold in buildings under the control of the Board of Trustees of Southern Illinois University for events that the Board may determine are public events and not student-related activities. The Board of Trustees shall issue a written policy within 6 months after August 12, 2016 (the effective date of Public Act 99-795) concerning the types of events that would be eligible for an exemption. Thereafter, the Board of Trustees may issue revised, updated, new, or amended policies as it deems necessary and appropriate. In preparing its written policy, the Board of Trustees shall, in addition to other factors it considers relevant and important, give consideration to the following: (i) whether the event is a student activity or student-related activity; (ii) whether the physical setting of the event is conducive to control of liquor sales and distribution; (iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accordance with State law and University policies; (iv) the anticipated attendees at the event and the relative proportion of individuals under the age of 21 to individuals age 21 or older; (v) the ability of the venue operator to prevent the sale or distribution of alcoholic liquors to individuals under the age of 21; (vi) whether the event prohibits participants from removing alcoholic beverages from the venue; and (vii) whether the event prohibits participants from providing their own alcoholic liquors to the venue. Alcoholic liquors may be served or sold in buildings under the control of the Board of Trustees of a public university for events that the Board of Trustees of that public university may determine are public events and not student-related activities. If the Board of Trustees of a public university has not issued a written policy pursuant to an exemption under this Section on or before July 15, 2016 (the effective date of Public Act 99-550), then that Board of Trustees shall issue a written policy within 6 months after July 15, 2016 (the effective date of Public Act 99-550) concerning the types of events that would be eligible for an exemption. Thereafter, the Board of Trustees may issue revised, updated, new, or amended policies as it deems necessary and appropriate. In preparing its written policy, the Board of Trustees shall, in addition to other factors it considers relevant and important, give consideration to the following: (i) whether the event is a student activity or student-related activity; (ii) whether the physical setting of the event is conducive to control of liquor sales and distribution; (iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accordance with State law and University policies; (iv) the anticipated attendees at the event and the relative proportion of individuals under the age of 21 to individuals age 21 or older; (v) the ability of the venue operator to prevent the sale or distribution of alcoholic liquors to individuals under the age of 21; (vi) whether the event prohibits participants from removing alcoholic beverages from the venue; and (vii) whether the event prohibits participants from providing their own alcoholic liquors to the venue. As used in this paragraph, "public university" means the University of Illinois, Illinois State University, Chicago State University, Governors State University, Southern Illinois University, Northern Illinois University, Eastern Illinois University, Western Illinois University, and Northeastern Illinois University. Alcoholic liquors may be served or sold in buildings under the control of the Board of Trustees of a community college district for events that the Board of Trustees of that community college district may determine are public events and not student-related activities. The Board of Trustees shall issue a written policy within 6 months after July 15, 2016 (the effective date of Public Act 99-550) concerning the types of events that would be eligible for an exemption. Thereafter, the Board of Trustees may issue revised, updated, new, or amended policies as it deems necessary and appropriate. In preparing its written policy, the Board of Trustees shall, in addition to other factors it considers relevant and important, give consideration to the following: (i) whether the event is a student activity or student-related activity; (ii) whether the physical setting of the event is conducive to control of liquor sales and distribution; (iii) the ability of the event operator to ensure that the sale or serving of alcoholic liquors and the demeanor of the participants are in accordance with State law and community college district policies; (iv) the anticipated attendees at the event and the relative proportion of individuals under the age of 21 to individuals age 21 or older; (v) the ability of the venue operator to prevent the sale or distribution of alcoholic liquors to individuals under the age of 21; (vi) whether the event prohibits participants from removing alcoholic beverages from the venue; and (vii) whether the event prohibits participants from providing their own alcoholic liquors to the venue. This paragraph does not apply to any community college district authorized to sell or serve alcoholic liquor under any other provision of this Section. Alcoholic liquor may be delivered to and sold at retail in the
Dorchester Senior Business Center owned by the Village of Dolton if the
alcoholic liquor is sold or dispensed only in connection with organized
functions for which the planned attendance is 20 or more persons, and if
the person or facility selling or dispensing the alcoholic liquor has
provided dram shop liability insurance in maximum limits so as to hold
harmless the Village of Dolton and the State from all financial loss,
damage and harm.
Alcoholic liquors may be delivered to and sold at retail in any
building used as an Illinois State Armory provided:
(i) the Adjutant General's written consent to the | ||
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(ii) the alcoholic liquor is sold or dispensed only | ||
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(iii) the organized function is one for which the | ||
| ||
(iv) the facility selling or dispensing the alcoholic | ||
| ||
Alcoholic liquors may be delivered to and sold at retail in the Chicago
Civic Center, provided that:
(i) the written consent of the Public Building | ||
| ||
(ii) the alcoholic liquor is sold or dispensed only | ||
| ||
(iii) the organized function is one for which the | ||
| ||
(iv) the facility selling or dispensing the alcoholic | ||
| ||
(v) all applicable local ordinances are complied with.
Alcoholic liquors may be delivered or sold in any building belonging to
or under the control of any city, village or incorporated town where more
than 75% of the physical properties of the building is used for commercial
or recreational purposes, and the building is located upon a pier extending
into or over the waters of a navigable lake or stream or on the shore of a
navigable lake or stream.
In accordance with a license issued under this Act, alcoholic liquor may be sold, served, or delivered in buildings and facilities under
the control
of the Department of Natural Resources during events or activities lasting no more than 7 continuous days upon the written approval of the
Director of
Natural Resources acting as the controlling government authority. The Director
of
Natural Resources may specify conditions on that approval, including but not
limited to
requirements for insurance and hours of operation.
Notwithstanding any other provision of this Act, alcoholic liquor sold by a
United States Army Corps of Engineers or Department of Natural
Resources
concessionaire who was operating on June 1, 1991 for on-premises consumption
only is not subject to the provisions of Articles IV and IX. Beer and wine
may be sold on the premises of the Joliet Park District Stadium owned by
the Joliet Park District when written consent to the issuance of a license
to sell beer and wine in such premises is filed with the local liquor
commissioner by the Joliet Park District. Beer and wine may be sold in
buildings on the grounds of State veterans' homes when written consent to
the issuance of a license to sell beer and wine in such buildings is filed
with the Commission by the Department of Veterans' Affairs, and the
facility shall provide dram shop liability in maximum insurance coverage
limits so as to save the facility harmless from all financial loss, damage
or harm. Such liquors may be delivered to and sold at any property owned or
held under lease by a Metropolitan Pier and Exposition Authority or
Metropolitan Exposition and Auditorium Authority.
Beer and wine may be sold and dispensed at professional sporting events
and at professional concerts and other entertainment events conducted on
premises owned by the Forest Preserve District of Kane County, subject to
the control of the District Commissioners and applicable local law,
provided that dram shop liability insurance is provided at maximum coverage
limits so as to hold the District harmless from all financial loss, damage
and harm.
Nothing in this Section shall preclude the sale or delivery of beer and
wine at a State or county fair or the sale or delivery of beer or wine at a
city fair in any otherwise lawful manner.
Alcoholic liquors may be sold at retail in buildings in State parks
under the control of the Department of Natural Resources,
provided:
a. the State park has overnight lodging facilities | ||
| ||
b. (blank), and
c. the alcoholic liquors are sold by the State park | ||
| ||
Alcoholic liquors may be sold at retail in buildings on properties
under the control of the Division of Historic Preservation of the Department of Natural Resources
or the Abraham Lincoln Presidential Library and Museum provided:
a. the property has overnight lodging facilities with | ||
| ||
b. consent to the issuance of a license to sell | ||
| ||
c. the alcoholic liquors are sold by the lodge or | ||
| ||
The sale of alcoholic liquors pursuant to this Section does not
authorize the establishment and operation of facilities commonly called
taverns, saloons, bars, cocktail lounges, and the like except as a part
of lodge and restaurant facilities in State parks or golf courses owned
by Forest Preserve Districts with a population of less than 3,000,000 or
municipalities or park districts.
Alcoholic liquors may be sold at retail in the Springfield
Administration Building of the Department of Transportation and the
Illinois State Armory in Springfield; provided, that the controlling
government authority may consent to such sales only if
a. the request is from a not-for-profit organization;
b. such sales would not impede normal operations of | ||
| ||
c. the not-for-profit organization provides dram shop | ||
| ||
d. no such sale shall be made during normal working | ||
| ||
e. the consent is in writing.
Alcoholic liquors may be sold at retail in buildings in recreational
areas of river conservancy districts under the control of, or leased
from, the river conservancy districts. Such sales are subject to
reasonable local regulations as provided in Article IV; however, no such
regulations may prohibit or substantially impair the sale of alcoholic
liquors on Sundays or Holidays.
Alcoholic liquors may be provided in long term care facilities owned or
operated by a county under Division 5-21 or 5-22 of the Counties Code,
when approved by the facility operator and not in conflict
with the regulations of the Illinois Department of Public Health, to
residents of the facility who have had their consumption of the alcoholic
liquors provided approved in writing by a physician licensed to practice
medicine in all its branches.
Alcoholic liquors may be delivered to and dispensed in State housing
assigned to employees of the Department of Corrections.
No person shall furnish or allow to be furnished any alcoholic
liquors to any prisoner confined in any jail, reformatory, prison or house
of correction except upon a physician's prescription for medicinal purposes.
Alcoholic liquors may be sold at retail or dispensed at the Willard Ice
Building in Springfield, at the State Library in Springfield, and at
Illinois State Museum facilities by (1) an
agency of the State, whether legislative, judicial or executive, provided
that such agency first obtains written permission to sell or dispense
alcoholic liquors from the controlling government authority, or by (2) a
not-for-profit organization, provided that such organization:
a. Obtains written consent from the controlling | ||
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b. Sells or dispenses the alcoholic liquors in a | ||
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c. Sells or dispenses alcoholic liquors only in | ||
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d. Provides, or its catering service provides, dram | ||
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Nothing in this Act shall prevent a not-for-profit organization or agency
of the State from employing the services of a catering establishment for
the selling or dispensing of alcoholic liquors at authorized functions.
The controlling government authority for the Willard Ice Building in
Springfield shall be the Director of the Department of Revenue. The
controlling government authority for Illinois State Museum facilities shall
be the Director of the Illinois State Museum. The controlling government
authority for the State Library in Springfield shall be the Secretary of State.
Alcoholic liquors may be delivered to and sold at retail or dispensed
at any facility, property or building under the jurisdiction of the Division of
Historic Preservation of the Department of Natural Resources
or the Abraham
Lincoln Presidential Library and Museum
where the delivery, sale or
dispensing is by (1)
an agency of the State, whether legislative, judicial or executive,
provided that such agency first obtains written permission to sell or
dispense alcoholic liquors from a controlling government authority, or by (2) an individual or organization provided that such individual or organization:
a. Obtains written consent from the controlling | ||
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b. Sells or dispenses the alcoholic liquors in a | ||
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c. Sells or dispenses alcoholic liquors only in | ||
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d. Provides, or its catering service provides, dram | ||
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The controlling government authority for the Division of
Historic Preservation of the Department of Natural Resources
shall be the Director of Natural Resources, and the
controlling
government authority for the Abraham Lincoln Presidential Library and Museum
shall be the Executive Director of the Abraham Lincoln Presidential Library and Museum.
Alcoholic liquors may be delivered to and sold at retail or dispensed for
consumption at the Michael Bilandic Building at 160 North LaSalle Street,
Chicago IL 60601, after the normal business hours of any day care or child care
facility located in the building, by (1) a commercial tenant or subtenant
conducting business on the premises under a lease made pursuant to Section
405-315 of the Department of Central Management Services Law (20 ILCS
405/405-315), provided that such tenant or subtenant who accepts delivery of,
sells, or dispenses alcoholic liquors shall procure and maintain dram shop
liability insurance in maximum coverage limits and in which the carrier
agrees to defend, indemnify, and save harmless the State of Illinois from
all financial loss, damage, or harm arising out of the delivery, sale, or
dispensing of alcoholic liquors, or by (2) an agency of the State, whether
legislative, judicial, or executive, provided that such agency first obtains
written permission to accept delivery of and sell or dispense alcoholic liquors
from the Director of Central Management Services, or by (3) a not-for-profit
organization, provided that such organization:
a. obtains written consent from the Department of | ||
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b. accepts delivery of and sells or dispenses the | ||
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c. accepts delivery of and sells or dispenses | ||
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d. provides, or its catering service provides, dram | ||
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Nothing in this Act shall prevent a not-for-profit organization or agency
of the State from employing the services of a catering establishment for
the selling or dispensing of alcoholic liquors at functions authorized by
the Director of Central Management Services.
Alcoholic liquors may be sold at retail or dispensed at the James R.
Thompson Center in Chicago, subject to the provisions of Section 7.4 of the
State Property Control Act, and 222 South College Street in Springfield,
Illinois by (1) a commercial tenant or subtenant conducting business on the
premises under a lease or sublease made pursuant to Section 405-315 of the
Department of Central Management Services Law (20 ILCS 405/405-315), provided
that such tenant or subtenant who
sells or dispenses alcoholic liquors shall procure and maintain dram shop
liability insurance in maximum coverage limits and in which the carrier
agrees to defend, indemnify and save harmless the State of Illinois from
all financial loss, damage or harm arising out of the sale or dispensing of
alcoholic liquors, or by (2) an agency of the State, whether legislative,
judicial or executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the Director of
Central Management Services, or by (3) a not-for-profit organization,
provided that such organization:
a. Obtains written consent from the Department of | ||
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b. Sells or dispenses the alcoholic liquors in a | ||
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c. Sells or dispenses alcoholic liquors only in | ||
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d. Provides, or its catering service provides, dram | ||
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Nothing in this Act shall prevent a not-for-profit organization or agency
of the State from employing the services of a catering establishment for
the selling or dispensing of alcoholic liquors at functions authorized by
the Director of Central Management Services.
Alcoholic liquors may be sold or delivered at any facility owned by the
Illinois Sports Facilities Authority provided that dram shop liability
insurance has been made available in a form, with such coverage and in such
amounts as the Authority reasonably determines is necessary.
Alcoholic liquors may be sold at retail or dispensed at the Rockford
State Office Building by (1) an agency of the State, whether legislative,
judicial or executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the Department of
Central Management Services, or by (2) a not-for-profit organization,
provided that such organization:
a. Obtains written consent from the Department of | ||
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b. Sells or dispenses the alcoholic liquors in a | ||
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c. Sells or dispenses alcoholic liquors only in | ||
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d. Provides, or its catering service provides, dram | ||
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Nothing in this Act shall prevent a not-for-profit organization or agency
of the State from employing the services of a catering establishment for
the selling or dispensing of alcoholic liquors at functions authorized by
the Department of Central Management Services.
Alcoholic liquors may be sold or delivered in a building that is owned
by McLean County, situated on land owned by the county in the City of
Bloomington, and used by the McLean County Historical Society if the sale
or delivery is approved by an ordinance adopted by the county board, and
the municipality in which the building is located may not prohibit that
sale or delivery, notwithstanding any other provision of this Section. The
regulation of the sale and delivery of alcoholic liquor in a building that
is owned by McLean County, situated on land owned by the county, and used
by the McLean County Historical Society as provided in this paragraph is an
exclusive power and function of the State and is a denial and limitation
under Article VII, Section 6, subsection (h) of the Illinois Constitution
of the power of a home rule municipality to regulate that sale and delivery.
Alcoholic liquors may be sold or delivered in any building situated on
land held in trust for any school district organized under Article 34 of
the School Code, if the building is not used for school purposes and if the
sale or delivery is approved by the board of education.
Alcoholic liquors may be delivered to and sold at retail in any building owned by a public library district, provided that the delivery and sale is approved by the board of trustees of that public library district and is limited to library fundraising events or programs of a cultural or educational nature. Before the board of trustees of a public library district may approve the delivery and sale of alcoholic liquors, the board of trustees of the public library district must have a written policy that has been approved by the board of trustees of the public library district governing when and under what circumstances alcoholic liquors may be delivered to and sold at retail on property owned by that public library district. The written policy must (i) provide that no alcoholic liquor may be sold, distributed, or consumed in any area of the library accessible to the general public during the event or program, (ii) prohibit the removal of alcoholic liquor from the venue during the event, and (iii) require that steps be taken to prevent the sale or distribution of alcoholic liquor to persons under the age of 21. Any public library district that has alcoholic liquor delivered to or sold at retail on property owned by the public library district shall provide dram shop liability insurance in maximum insurance coverage limits so as to save harmless the public library districts from all financial loss, damage, or harm. Alcoholic liquors may be sold or delivered in buildings owned
by the Community Building Complex Committee of Boone County,
Illinois if the person or facility selling or dispensing the
alcoholic liquor has provided dram shop liability insurance with coverage and
in amounts that the Committee reasonably determines are necessary.
Alcoholic liquors may be sold or delivered in the building located at
1200 Centerville Avenue in Belleville, Illinois and occupied by either the
Belleville Area Special Education District or the Belleville Area Special
Services
Cooperative. Alcoholic liquors may be delivered to and sold at the Louis Joliet
Renaissance Center, City Center Campus, located at 214 N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts Department facilities, Main Campus, located at
1215 Houbolt Road, Joliet, owned by or under the control of Joliet Junior
College,
Illinois Community College District No. 525.
Alcoholic liquors may be delivered to and sold at Triton College, Illinois Community College District No. 504. Alcoholic liquors may be delivered to and sold at the College of DuPage, Illinois Community College District No. 502. Alcoholic liquors may be delivered to and sold on any property owned, operated, or controlled by Lewis and Clark Community College, Illinois Community College District No. 536. Alcoholic liquors may be delivered to and sold at the building located at 446 East Hickory Avenue in Apple River, Illinois, owned by the Apple River Fire Protection District, and occupied by the Apple River Community Association if the alcoholic liquor is sold or dispensed only in connection with organized functions approved by the Apple River Community Association for which the planned attendance is 20 or more persons and if the person or facility selling or dispensing the alcoholic liquor has provided dram shop liability insurance in maximum limits so as to hold harmless the Apple River Fire Protection District, the Village of Apple River, and the Apple River Community Association from all financial loss, damage, and harm. Alcoholic liquors may be delivered to and sold at the Sikia Restaurant, Kennedy King College Campus, located at 740 West 63rd Street, Chicago, and at the Food Services in the Great Hall/Washburne Culinary Institute Department facility, Kennedy King College Campus, located at 740 West 63rd Street, Chicago, owned by or under the control of City Colleges of Chicago, Illinois Community College District No. 508.
(Source: P.A. 99-78, eff. 7-20-15; 99-484, eff. 10-30-15; 99-550, eff. 7-15-16; 99-559, eff. 7-15-16; 99-795, eff. 8-12-16; 100-120, eff. 8-18-17; 100-201, eff. 8-18-17; 100-695, eff. 8-3-18.) |
(235 ILCS 5/6-16) (from Ch. 43, par. 131)
Sec. 6-16. Prohibited sales and possession.
(a) (i) No licensee nor any officer, associate, member, representative,
agent, or employee of such licensee shall sell, give, or deliver alcoholic
liquor to any person under the age of 21 years or to any intoxicated person,
except as provided in Section 6-16.1.
(ii) No express company, common carrier, or contract carrier nor any
representative, agent, or employee on behalf of an express company, common
carrier, or contract carrier that carries or transports alcoholic liquor for
delivery within this State shall knowingly give or knowingly deliver to a
residential address any shipping container clearly labeled as containing
alcoholic liquor and labeled as requiring signature of an adult of at least 21
years of age to any person in this State under the age of 21 years. An express
company, common carrier, or contract carrier that carries or transports such
alcoholic liquor for delivery within this State shall obtain a signature at
the time of delivery acknowledging receipt of the alcoholic liquor by an adult
who is at least 21 years of age. At no time while delivering alcoholic
beverages within this State may any representative, agent, or employee of an
express company, common carrier, or contract carrier that carries or
transports alcoholic liquor for delivery within this State deliver the
alcoholic liquor to a residential address without the acknowledgment of the
consignee and without first obtaining a signature at the time of the delivery
by an adult who is at least 21 years of age. A signature of a person on file
with the express company, common carrier, or contract carrier does
not constitute acknowledgement of the consignee. Any express company, common
carrier, or contract carrier that transports alcoholic liquor for delivery
within this State that violates this
item (ii) of this subsection (a) by delivering alcoholic liquor without the
acknowledgement of the consignee and without first obtaining a signature at the
time of the delivery by an adult who is at least 21 years of age is guilty of a
business offense for which the express company, common carrier, or contract
carrier that transports alcoholic liquor within this State shall be fined not
more than $1,001 for a
first offense, not more than $5,000 for a second offense, and not more than
$10,000 for a third or subsequent offense. An express company, common carrier,
or contract carrier shall be held vicariously liable for the actions of its
representatives, agents, or employees. For purposes of this Act, in addition
to other methods authorized by law, an express company, common carrier, or
contract carrier shall be considered served with process when a
representative, agent, or employee alleged to have violated this Act is
personally served. Each shipment of alcoholic liquor delivered in violation
of this item (ii) of this subsection (a) constitutes a separate offense.
(iii) No person, after purchasing or otherwise obtaining alcoholic liquor,
shall sell, give, or deliver such alcoholic liquor to another person under the
age of 21 years, except in the performance of a religious ceremony or service.
Except as otherwise provided in item (ii), any express company, common carrier,
or contract carrier that transports alcoholic liquor within this State that
violates the provisions of item (i), (ii), or (iii) of this paragraph of this
subsection (a) is guilty of a Class A misdemeanor and the sentence shall
include, but shall not be limited to, a fine of not less than $500. Any
person
who violates the provisions of item (iii) of this paragraph of this subsection
(a)
is guilty of a Class A misdemeanor and the sentence shall include, but shall
not be limited to a fine of not less than $500 for a first offense and not less
than
$2,000 for a second or subsequent offense. Any person who knowingly violates
the
provisions of item (iii) of this paragraph of this subsection (a) is guilty of
a
Class 4 felony if a death occurs as the result of the violation.
If a licensee or officer, associate, member, representative, agent, or
employee of the licensee, or a representative, agent, or employee of an
express company, common carrier, or contract carrier that carries or
transports alcoholic liquor for
delivery within this State, is prosecuted under this paragraph of this
subsection
(a) for selling, giving, or delivering alcoholic liquor to a person under the
age of 21 years, the person under 21 years of age who attempted to buy or
receive the alcoholic liquor may be prosecuted pursuant to Section 6-20 of this
Act, unless the person under 21 years of age was acting under the authority of
a law enforcement agency, the Illinois Liquor Control Commission, or a local
liquor control commissioner pursuant to a plan or action to investigate,
patrol, or conduct any similar enforcement action.
For the purpose of preventing the violation of this Section, any licensee,
or his agent or employee, or a representative, agent, or employee of an
express company, common carrier, or contract carrier that carries or
transports alcoholic liquor for
delivery within this State, shall refuse to sell, deliver, or serve
alcoholic
beverages to any person who is unable to produce adequate written evidence of
identity and of the fact that he or she is over the age of 21 years, if
requested by the licensee, agent, employee, or representative.
Adequate written evidence of age and identity of the person is a
document issued by a federal, state, county, or municipal government, or
subdivision or agency thereof, including, but not limited to, a motor
vehicle operator's license, a registration certificate issued under the
Federal Selective Service Act, or an identification card issued to a
member of the Armed Forces. Proof that the defendant-licensee, or his
employee or agent, or the representative, agent, or employee of the express
company, common carrier, or contract carrier that carries or transports
alcoholic liquor for delivery within this State demanded, was shown and
reasonably relied upon such
written evidence in any transaction forbidden by this Section is an
affirmative defense in any criminal prosecution therefor or to any
proceedings for the suspension or revocation of any license based thereon.
It shall not, however, be an affirmative defense if the agent or employee
accepted the written evidence knowing it to be false or fraudulent.
If a false or fraudulent Illinois driver's license or Illinois
identification card is presented by a person less than 21 years of age to a
licensee or the licensee's agent or employee for the purpose of ordering,
purchasing, attempting to purchase, or otherwise obtaining or attempting to
obtain the serving of any alcoholic beverage, the law enforcement officer
or agency investigating the incident shall, upon the conviction of the
person who presented the fraudulent license or identification, make a
report of the matter to the Secretary of State on a form provided by the
Secretary of State.
However, no agent or employee of the licensee or employee of an express
company, common carrier, or contract carrier that carries or transports
alcoholic liquor for delivery within this State shall be
disciplined or
discharged for selling or furnishing liquor to a person under 21 years of
age if the agent or employee demanded and was shown, before furnishing
liquor to a person under 21 years of age, adequate written evidence of age
and identity of the person issued by a federal, state, county or municipal
government, or subdivision or agency thereof, including but not limited to
a motor vehicle operator's license, a registration certificate issued under
the Federal Selective Service Act, or an identification card issued to a
member of the Armed Forces. This paragraph, however, shall not apply if the
agent or employee accepted the written evidence knowing it to be false or
fraudulent.
Any person who sells, gives, or furnishes to any person under the age of
21 years any false or fraudulent written, printed, or photostatic evidence
of the age and identity of such person or who sells, gives or furnishes to
any person under the age of 21 years evidence of age and identification of
any other person is guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, a fine of not less than $500.
Any person under the age of 21 years who presents or offers to any licensee,
his agent or employee, any written, printed or photostatic evidence of age and
identity that is false, fraudulent, or not actually his or her own for the
purpose of ordering, purchasing, attempting to purchase or otherwise procuring
or attempting to procure, the serving of any alcoholic beverage,
who falsely states in writing that he or she is at least 21 years of age when
receiving alcoholic liquor from a representative, agent, or employee of an
express company, common carrier, or contract carrier,
or who has in
his or her possession any false or fraudulent written, printed, or photostatic
evidence of age and identity, is guilty of a Class A misdemeanor and the
person's sentence shall include, but shall not be limited to, the following:
a fine of not less than $500 and at least 25 hours of community service. If
possible, any community service shall be performed for an alcohol abuse
prevention program.
Any person under the age of 21 years who has any alcoholic beverage in his
or her possession on any street or highway or in any public place or in any
place open to the public is guilty of a Class A misdemeanor. This Section does
not apply to possession by a person under the age of 21 years making a delivery
of an alcoholic beverage in pursuance of the order of his or her parent or in
pursuance of his or her employment.
(a-1) It is unlawful for any parent or guardian to knowingly permit his or her
residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used by an invitee of the parent's child or the guardian's
ward, if the invitee is under the age of 21, in a manner that constitutes a
violation of this Section. A parent or guardian is deemed to have knowingly permitted
his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used in violation of this Section if he or she
knowingly authorizes or permits consumption of alcoholic liquor by underage invitees. Any person who violates this subsection (a-1) is guilty of a
Class A misdemeanor and the person's sentence shall include, but shall not be
limited to, a fine of not less than $500. Where a violation of this subsection (a-1) directly or indirectly results in great bodily harm or death to any person, the person violating this subsection shall be guilty of a Class 4 felony. Nothing in this subsection (a-1)
shall be construed to prohibit the giving of alcoholic liquor to a person under
the age of 21 years in the performance of a religious ceremony or service in observation of a religious holiday.
For the purposes of this subsection (a-1) where the residence or other property has an owner and a tenant or lessee, the trier of fact may infer that the residence or other property is occupied only by the tenant or lessee. (b) Except as otherwise provided in this Section whoever violates
this Section shall, in addition to other penalties provided for in this
Act, be guilty of a Class A misdemeanor.
(c) Any person shall be guilty of a Class A misdemeanor where he or she
knowingly authorizes or permits a residence which he or she occupies to be used by an invitee under 21
years of age and:
(1) the person occupying the residence knows that any | ||
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(2) the possession or consumption of the alcohol by | ||
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For the purposes of this subsection (c) where the residence has an owner
and a tenant or lessee, the trier of fact may infer that the residence
is occupied only by the tenant or lessee. The sentence of any person who violates this subsection (c) shall include, but shall not be limited to, a fine of not less than $500. Where a violation of this subsection (c) directly or indirectly results in great bodily harm or death to any person, the person violating this subsection (c) shall be guilty of a Class 4 felony. Nothing in this subsection (c) shall be construed to prohibit the giving of alcoholic liquor to a person under the age of 21 years in the performance of a religious ceremony or service in observation of a religious holiday. A person shall not be in violation of this subsection (c) if (A) he or she requests assistance from the police department or other law enforcement agency to either (i) remove any person who refuses to abide by the person's performance of the duties imposed by this subsection (c) or (ii) terminate the activity because the person has been unable to prevent a person under the age of 21 years from consuming alcohol despite having taken all reasonable steps to do so and (B) this assistance is requested before any other person makes a formal complaint to the police department or other law enforcement agency about the activity. (d) Any person who rents a hotel or motel room from the proprietor or agent
thereof for the purpose of or with the knowledge that such room shall be
used for the consumption of alcoholic liquor by persons under the age of 21
years shall be guilty of a Class A misdemeanor.
(e) Except as otherwise provided in this Act, any person who has alcoholic
liquor in his or her possession on public school district property on school
days or at events on public school district property when children are present
is guilty of a petty offense, unless the alcoholic liquor (i) is in the
original container with the seal unbroken and is in the possession of a person
who is not otherwise legally prohibited from possessing the alcoholic liquor or
(ii) is in the possession of a person in or for the performance of a religious
service or ceremony authorized by the school board.
(Source: P.A. 97-1049, eff. 1-1-13; 98-1017, eff. 1-1-15.)
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(235 ILCS 5/6-16.1)
Sec. 6-16.1. Enforcement actions.
(a) A licensee or an officer, associate,
member, representative, agent, or employee of a licensee may sell, give, or
deliver alcoholic liquor to a person under the age of 21 years or authorize the
sale, gift, or delivery of alcoholic liquor to a person under the age of 21
years pursuant to a plan or action to investigate, patrol, or otherwise conduct
a "sting operation" or enforcement action against a person employed by the
licensee or on any licensed premises if the licensee or officer, associate,
member, representative, agent, or employee of the licensee provides written
notice, at least 14 days before the "sting operation" or enforcement action,
unless governing body of the municipality or county having jurisdiction sets a
shorter period by ordinance, to the law enforcement agency having jurisdiction,
the local liquor control commissioner, or both. Notice provided under this
Section shall be valid for a "sting operation" or enforcement action conducted
within 60 days of the provision of that notice, unless the governing body of
the municipality or county having jurisdiction sets a shorter period by
ordinance.
(b) A local liquor control commission or unit of local government that
conducts alcohol and tobacco compliance operations shall establish a policy and
standards for alcohol and tobacco compliance operations to investigate whether
a licensee is furnishing (1) alcoholic liquor to persons under 21 years of age
in violation of this Act or (2) tobacco to persons in violation of the Prevention of Tobacco Use by Persons under
21 Years of Age and Sale and Distribution of Tobacco Products Act.
(c) The Illinois Law Enforcement Training Standards Board shall
develop a model policy and guidelines for the operation of alcohol and tobacco
compliance checks by local law enforcement officers. The Illinois Law
Enforcement Training Standards Board shall also require the supervising
officers of such compliance checks to have met a minimum training standard as
determined by the Board. The Board shall have the right to waive any training
based on current written policies and procedures for alcohol and tobacco
compliance check operations and in-service training already administered by
the local law enforcement agency, department, or office.
(d) The provisions of subsections (b) and (c) do not apply to a home rule
unit with more than 2,000,000 inhabitants.
(e) A home rule unit, other than a home rule unit with more than 2,000,000
inhabitants, may not regulate enforcement actions in a manner inconsistent with
the regulation of enforcement actions under this Section. This subsection (e)
is a limitation under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule units
of powers and functions
exercised by the State.
(f) A licensee who is the subject of an enforcement action or "sting
operation" under this Section and is found, pursuant to the enforcement action,
to be in compliance with this Act shall be notified by the enforcement agency action that no violation was found within 30 days after the finding.
(Source: P.A. 101-2, eff. 7-1-19.)
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(235 ILCS 5/6-16.2)
Sec. 6-16.2. Prohibited entry to a licensed premises. A municipality or
county may prohibit a licensee or any officer, associate, member,
representative, agent, or employee of a licensee from permitting a person under
the age of 21 years to enter and remain in that portion of a licensed premises
that sells, gives, or delivers alcoholic liquor for consumption on the
premises. No prohibition under this Section, however, shall apply to any
licensed
premises, such as without limitation a restaurant or food shop, where
selling, giving, or delivering alcoholic liquor is not the principal business
of the licensee at those premises.
In those instances where a person under the age of 21 years is prohibited
from entering and remaining on the premises, proof that the defendant-licensee,
or his employee or agent, demanded, was shown, and reasonably relied upon
adequate written evidence for purposes of entering and remaining on the
licensed
premises is an affirmative defense in any criminal prosecution therefor or to
any proceedings for the suspension or revocation of any license based thereon.
It shall not, however, be an affirmative defense if the defendant-licensee, or
his agent or employee, accepted
the written evidence knowing it to be false or fraudulent.
Adequate written evidence of age and identity of the person is a document
issued by a federal, state, county, or municipal government, or subdivision or
agency thereof, including, but not limited to, a motor vehicle operator's
license, a registration certificate issued under the Federal Selective Service
Act, or an identification card issued to a member of the armed forces.
If a false or
fraudulent Illinois driver's license or Illinois identification card is
presented by a person less than 21 years of age to a licensee or the licensee's
agent or employee for the purpose of obtaining entry and remaining on a
licensed premises, the law enforcement officer or agency investigating the
incident shall, upon the conviction of the person who presented the fraudulent
license or identification, make a report of the matter to the Secretary of
State on a form provided by the Secretary of State.
(Source: P.A. 95-331, eff. 8-21-07.)
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(235 ILCS 5/6-17) (from Ch. 43, par. 133)
Sec. 6-17.
(a) No licensee licensed under the provisions of this
Act shall deny or permit his agents and employees to deny any person the
full and equal enjoyment of the accommodations, advantages, facilities and
privileges of any premises in which alcoholic liquors are authorized to be
sold subject only to the conditions and limitations established by law and
applicable alike to all citizens.
(b) A distributor or an importing distributor may refuse to sell
beer, brew, or similar beverages containing 0.5% or less of alcohol by
volume to a non-licensee.
(Source: P.A. 86-1469.)
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(235 ILCS 5/6-17.1)
Sec. 6-17.1.
Distributors; sales to retailers.
The General Assembly
hereby finds and declares that for the purposes of ensuring that all retail
licensees have the opportunity to receive alcoholic liquor, reducing the amount of spoiled
and overaged alcoholic liquor sold to customers, and maintaining the distribution
system and the State's ability to regulate against illegal importation of alcoholic liquor,
it is necessary to prevent discrimination among retail licensees as provided in
this Section.
A distributor or importing distributor designated as a distributor or
importing distributor for alcoholic liquor within a designated geographic area or areas
under Section 6-9 of this Act shall use its best efforts to make
available for sale to retail licensees, in its designated geographic area or
areas, each brand of alcoholic liquor which the distributor or the importing distributor
has been authorized to distribute.
Nothing in this Section prohibits a distributor or importing distributor from
establishing purchase requirements unless the requirements have the effect of
excluding a majority of the retail licensees in the designated geographic area
or areas from purchasing the alcoholic liquor.
(Source: P.A. 91-186, eff. 1-1-00.)
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(235 ILCS 5/6-17.2)
Sec. 6-17.2.
Importation of alcoholic liquor into this State.
A person who
imports into this State from any point in the United States outside this State,
whether for himself or for another, any alcoholic liquor for sale or resale is
required to hold a license issued by the Commission in accordance with this
Act, except as otherwise expressly authorized by this Act.
(Source: P.A. 90-739, eff. 8-13-98.)
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(235 ILCS 5/6-17.5) Sec. 6-17.5. Purchase of wine or spirits by a retail licensee from another retail licensee. (a) No retail licensee may purchase wine or spirits from, or possess wine or spirits purchased from, any person other than a distributor or importing distributor; however, a retail licensee that purchases wine or spirits from a licensed Illinois retailer shall only receive a warning for the first 2 violations of this Section within a 12-month period. If a retail licensee violates this Section a third time within the same 12-month period of the preceding 2 warnings, then the retailer licensee may be subject to the penalties under Section 10-1. (b) A retailer that is delinquent in payment pursuant to Section 6-5 shall be prohibited from purchasing wine or spirits from another retailer pursuant to this Section until the indebtedness is cured.
(Source: P.A. 102-442, eff. 8-20-21.) |
(235 ILCS 5/6-18) (from Ch. 43, par. 133a)
Sec. 6-18.
No home rule unit, as defined in Article VII of the Illinois
Constitution, may amend or alter or in any way change the legal age at which
persons may purchase, consume or possess alcoholic liquors as provided in
this Act, and it is declared to be the law of this State, pursuant to paragraphs
(h) and (i) of Section 6 of Article VII of the Constitution, that the establishment
of such legal age is an exercise of exclusive State power which may not
be exercised concurrently by a home rule unit.
(Source: P.A. 82-783.)
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(235 ILCS 5/6-19) (from Ch. 43, par. 134)
Sec. 6-19.
(Repealed).
(Source: P.A. 82-783. Repealed by P.A. 90-432, eff. 1-1-98.)
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(235 ILCS 5/6-20) (from Ch. 43, par. 134a)
Sec. 6-20. Transfer, possession, and consumption of alcoholic liquor; restrictions.
(a) Any person to whom the sale, gift or delivery of any alcoholic
liquor is prohibited because of age shall not purchase, or accept a gift of
such alcoholic liquor or have such alcoholic liquor in his possession.
(b) If a licensee or his or her agents or employees believes or has reason to
believe that a sale or delivery of any alcoholic liquor is prohibited
because of the non-age of the prospective recipient, he or she shall,
before
making such sale or delivery demand presentation of some form of
positive identification, containing proof of age, issued by a public
officer in the performance of his or her official duties.
(c) No person shall transfer, alter, or deface such an identification
card; use the identification card of another; carry or use a false or
forged identification card; or obtain an identification card by means of
false information. (d) No person shall purchase, accept delivery or have
possession of alcoholic liquor in violation of this Section. (e) The
consumption of alcoholic liquor by any person under 21 years of age is
forbidden. (f) Whoever violates any provisions of this Section shall be
guilty of a Class A misdemeanor.
(g) The possession and dispensing, or consumption by a person under 21 years
of age of alcoholic liquor in the performance of a religious
service or ceremony, or the consumption by a person under 21 years of
age under the direct supervision and approval of the parents
or parent or those persons standing in loco parentis of such person
under 21 years of age in the privacy of a home, is not
prohibited by this Act.
(h) The provisions of this Act prohibiting the possession of alcoholic liquor by a person under 21 years
of age and dispensing of alcoholic liquor to a person under 21 years
of age do not apply in the case of a student under 21 years
of age, but 18 years of age or older, who: (1) tastes, but does not imbibe, alcoholic liquor | ||
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(2) is enrolled as a student in a college, | ||
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(3) is participating in a culinary arts, fermentation | ||
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(4) tastes, but does not imbibe, alcoholic liquor for | ||
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(i) A law enforcement officer may not charge or otherwise take a person into custody based solely on the commission of an offense that involves alcohol and violates subsection (d) or (e) of this Section if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply: (1) The law enforcement officer has contact with the | ||
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(A) requested emergency medical assistance for an | ||
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(B) acted in concert with another person who | ||
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(2) The person described in subparagraph (A) or (B) | ||
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(A) provided his or her full name and any other | ||
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(B) remained at the scene with the individual who | ||
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(C) cooperated with emergency medical assistance | ||
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(i-5) (1) In this subsection (i-5): "Medical forensic services" has the meaning defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act. "Sexual assault" means an act of sexual conduct or sexual penetration, defined in Section 11-0.1 of the Criminal Code of 2012, including, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012. (2) A law enforcement officer may not charge or otherwise take a person into custody based solely on the commission of an offense that involves alcohol and violates subsection (d) or (e) of this Section if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply: (A) The law enforcement officer has contact with the | ||
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(i) reported that he or she was sexually | ||
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(ii) reported a sexual assault of another person | ||
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(iii) acted in concert with another person who | ||
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The report of a sexual assault may have been made to | ||
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(B) The person who reports the sexual assault: (i) provided his or her full name; (ii) remained at the scene until emergency | ||
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(iii) cooperated with the agency or person to | ||
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(j) A person who meets the criteria of paragraphs (1) and (2) of subsection (i) of this Section or a person who meets the criteria of paragraph (2) of subsection (i-5) of this Section shall be immune from criminal liability for an offense under subsection (d) or (e) of this Section. (k) A person may not initiate an action against a law enforcement officer based on the officer's compliance or failure to comply with subsection (i) or (i-5) of this Section, except for willful or wanton misconduct.(Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16; 100-1087, eff. 1-1-19.)
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(235 ILCS 5/6-21) (from Ch. 43, par. 135)
Sec. 6-21. (a) Every person who is injured within this State, in
person or property, by any intoxicated person has a right of
action in his or her own name, severally or jointly, against any person,
licensed under the laws of this State or of any other state to sell
alcoholic liquor, who, by selling or giving alcoholic liquor,
within or without the territorial limits of this State, causes the
intoxication of such person.
Any person at least
21 years of age who pays for a hotel or motel room or facility knowing that
the room or facility is to be used by any person under 21 years of age for
the unlawful consumption of alcoholic liquors and such consumption causes
the intoxication of the person under 21 years of age, shall be liable to
any person who is injured in person or property by the intoxicated person
under 21 years of age.
Any person owning, renting, leasing or permitting the
occupation of any building or premises with knowledge that alcoholic
liquors are to be sold therein, or who having leased the same for other
purposes, shall knowingly permit therein the sale of any alcoholic liquors
that have caused the intoxication of any person, shall be liable, severally
or jointly, with the person selling
or giving the liquors. However, if such building or premises belong to a
minor or other person under guardianship the guardian of such person shall
be held liable instead of the ward. A married woman has the same right to
bring the action and to control it and the amount recovered as an unmarried
woman. All damages recovered by a minor under this Act shall be paid either
to the minor, or to his or her parent, guardian or next friend as the court
shall direct. The unlawful sale or gift of alcoholic liquor works a
forfeiture of all rights of the lessee or tenant under any lease or
contract of rent upon the premises where the unlawful sale or gift takes
place. All actions for damages under this Act may be by any appropriate
action in the circuit court. An action shall lie for injuries to either
means
of
support or loss of society, but not both, caused by an intoxicated person
or in
consequence of the
intoxication of any person resulting as hereinabove set out.
"Loss of society" means the mutual benefits that each family member receives
from the other's continued existence, including love, affection, care,
attention, companionship, comfort, guidance, and protection. "Family" includes
spouse, children, parents, brothers, and sisters.
The action, if
the person from whom support or society was furnished is living, shall be
brought by
any person injured in means of support or society in his or her name for
his or her
benefit and the benefit of all other persons
injured in means of support or society. However, any person claiming to be
injured in
means of support or society and not included in any action brought
hereunder may join by
motion made within the times herein provided for bringing such action or
the personal representative of the deceased person from whom such
support or society was furnished may so join. In every such action the jury
shall
determine the amount of damages to be recovered without regard to and
with no special instructions as to the dollar limits on recovery imposed
by this Section. The amount recovered in every such action is for the
exclusive benefit of the person injured in loss of support or society and
shall be
distributed to such persons in the proportions determined by the
verdict rendered or judgment entered in the action. If the right of action is
settled by agreement with the personal representative of a deceased
person from whom support or society was furnished, the court having
jurisdiction of
the estate of the deceased person shall distribute the amount of the
settlement to the person injured in loss of support or society in the
proportion,
as determined by the court, that the percentage of dependency of each
such person upon the deceased person bears to the sum of the percentages
of dependency of all such persons upon the deceased person. For all
causes of action involving persons injured, killed, or incurring property
damage before September 12, 1985, in no event
shall the judgment or recovery under this Act for injury to the person
or to the property of any person as hereinabove set out exceed $15,000, and
recovery under this Act for loss of means of support resulting from the
death or injury of any person, as hereinabove set out,
shall not exceed $20,000.
For all causes of action
involving persons injured, killed, or incurring property damage after
September 12, 1985 but before July 1, 1998, in
no event shall the
judgment or recovery for injury to the person or property of any person
exceed $30,000 for each person incurring damages, and recovery
under this
Act for loss of means of support resulting from the death or
injury of any
person shall not exceed $40,000.
For all causes of action
involving persons injured, killed, or incurring property damage on or after
July 1, 1998, in no event shall the
judgment or recovery for injury to the person or property of any person
exceed $45,000 for each person incurring damages, and recovery under this
Act for either loss of means of support or loss of society resulting from the
death or injury
of any
person shall not exceed $55,000.
Beginning in 1999, every January 20, these liability limits
shall automatically be increased or decreased, as applicable,
by a percentage equal to the percentage change in the consumer price index-u
during the preceding 12-month calendar year. "Consumer price index-u" means
the index published by the Bureau of Labor Statistics of the United States
Department of Labor that measures the average change in prices of goods and
services purchased by all urban consumers, United States city average, all
items, 1982-84 = 100. The new amount resulting from each annual adjustment
shall be determined by the Comptroller and made available via the Comptroller's official website by January 31 of every year and
to the chief judge of
each judicial circuit.
The liability limits at the time at which damages
subject to such limits are awarded by final judgment or settlement shall be
utilized by the courts.
Nothing in this Section bars
any person
from making separate claims which, in the aggregate, exceed any one limit
where such person incurs more than one type of compensable damage,
including personal injury, property damage, and loss to means of support or
society.
However, all persons claiming loss to means of support or society shall be
limited to
an aggregate recovery not to exceed the single limitation set forth herein
for the death or injury of each person from whom support or society is
claimed.
Nothing in this Act shall be construed to confer a cause of action for
injuries to the person or property of the intoxicated person himself, nor
shall anything in this Act be construed to confer a cause of action for
loss of means of support or society on the intoxicated person himself or on
any person
claiming to be supported by such intoxicated person or claiming the society
of such person.
In conformance with the rule of statutory construction enunciated in
the general Illinois saving provision in Section 4 of "An Act to revise
the law in relation to the construction of the statutes", approved March
5, 1874, as amended, no amendment of this Section purporting to abolish
or having the effect of abolishing a cause of action shall be applied to
invalidate a cause of action accruing before its effective date, irrespective
of whether the amendment was passed before or after the effective date of
this amendatory Act of 1986.
Each action hereunder shall be barred unless commenced within one year
next after the cause of action accrued.
However, a licensed distributor or brewer whose only connection with the
furnishing of alcoholic liquor which is alleged to have caused intoxication
was the furnishing or maintaining of any apparatus for the dispensing or
cooling of beer is not liable under this Section, and if such licensee is
named as a defendant, a proper motion to dismiss shall be granted.
(b) Any person licensed under any state or local law to
sell alcoholic liquor, whether
or not a citizen or resident of this State,
who in person or through an agent
causes the intoxication, by the sale or gift of
alcoholic liquor, of any person who, while
intoxicated, causes injury to
any person or property in the State of Illinois
thereby submits such licensed person, and, if an individual, his or her
personal representative, to the jurisdiction of the courts of this State
for a cause of action arising under subsection (a) above.
Service of process upon any person who is subject to the
jurisdiction of the courts of this State, as provided in this subsection,
may be made by personally serving the summons upon the defendant outside
this State, as provided in the Code of Civil Procedure, as now or hereafter
amended, with the same force and effect as
though summons had been personally served within this State.
Only causes of action arising under subsection (a) above may be
asserted against a defendant in an action in which jurisdiction over him
or her is based upon this subsection.
Nothing herein contained limits or affects the right to serve
any process in any other manner now or hereafter provided by law.
(Source: P.A. 94-982, eff. 6-30-06.)
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(235 ILCS 5/6-22) (from Ch. 43, par. 137)
Sec. 6-22.
No person except a manufacturer or distributor, or importing
distributor, shall fill or refill, in whole or in part, any original
package of alcoholic liquor with the same or any other kind or quality of
alcoholic liquor, and it shall be unlawful for any person to have in his
possession for sale at retail any bottles, casks or other containers
containing alcoholic liquor, except in original packages.
(Source: P.A. 82-783.)
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(235 ILCS 5/6-22.5) Sec. 6-22.5. Infusions. (a) For purposes of this Section, "infusion" means a spirit where ingredients, including, but not limited to, fruits, spices, or nuts, are added to naturally infuse flavor into the spirit. (b) A retail licensee that is preparing an infusion for consumption on the premises shall comply with the following requirements: (1) the infusion shall be mixed and stored on the | ||
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(2) the container that the infusion is stored in must | ||
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(3) the infusion shall not be aged for more than 14 | ||
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(4) the infusion must be used or destroyed within 21 | ||
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(5) cleaning records for the container that the | ||
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(6) the container that the infusion is stored in must | ||
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(Source: P.A. 99-46, eff. 7-15-15.) |
(235 ILCS 5/6-23) (from Ch. 43, par. 138)
Sec. 6-23.
No manufacturer or distributor or importing distributor or foreign
importer shall enter into any contract with any person licensed to sell at
retail whereby such licensee agrees not to sell any alcoholic liquors
manufactured or distributed by any other manufacturer or distributor or
importing distributor or foreign importer, and any provision in any
contract violative of this Section shall render the whole of such contract
void and no action shall be brought thereon in any court.
However, nothing in this Section shall prohibit the Department of
Agriculture from entering into contracts for exclusive facilities upon the
State Fair Grounds on an equal basis.
(Source: P.A. 85-142.)
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(235 ILCS 5/6-24) (from Ch. 43, par. 139)
Sec. 6-24.
Every licensee shall cause his license or licenses to be
framed and hung in plain view in a conspicuous place on the licensed
premises. An airplane license shall be maintained at the licensee's
business premises in Illinois.
(Source: P.A. 82-783.)
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(235 ILCS 5/6-24a) (from Ch. 43, par. 139a)
Sec. 6-24a. Display of birth defects warning signs.
(a) The General
Assembly finds that there is a need for public information about the risk of
birth defects (specifically Fetal Alcohol Syndrome) when women consume
alcoholic liquor during pregnancy.
The United States Surgeon General has recommended abstinence from alcohol
during pregnancy. Since Fetal Alcohol Syndrome and fetal alcohol effects
are preventable, the General Assembly finds that it is in the public
interest to provide warning about the risk of alcohol-related birth defects
at places where alcoholic liquors are sold.
(b) Every holder of a retail license, whether the licensee sells or
offers
for sale alcoholic liquors for use or consumption on or off the retail
license premises, shall cause a sign with the message "GOVERNMENT WARNING:
ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC
BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS. IF YOU NEED ASSISTANCE FOR SUBSTANCE ABUSE, PLEASE CALL THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE (OASA) AT 1-800-843-6154." to be
framed and hung in plain view. These signs shall be no larger than 8 1/2
inches by 11 inches.
(c) In the event there is no warning sign posted on the
retailer's
premises, it shall be the responsibility of the Illinois Liquor Control
Commission to furnish the retailer with a warning sign. The retailer shall
have 30 days from receipt of the warning sign to post it on the licensed
premises. Thereafter, a retailer who violates this Section is subject to a
written warning for the first violation. For a second or subsequent
violation, the retailer shall pay a fine of at least $20 but not more than
$100 for each such violation. For the third and subsequent violations,
each day the activity continues shall be a separate violation.
(Source: P.A. 96-387, eff. 1-1-10.)
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(235 ILCS 5/6-25) (from Ch. 43, par. 142)
Sec. 6-25.
No person shall receive a local license to sell alcoholic liquor
upon any premises as a restaurant nor as a club unless it has the
qualifications respectively described in Sections 1-3.23 and 1-3.24.
No restaurant, licensed as such, shall sell alcoholic liquor except with meals.
(Source: P.A. 82-783.)
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(235 ILCS 5/6-26) (from Ch. 43, par. 144a)
Sec. 6-26.
Minimum size of container for spirits.
No unmixed
spirits shall be sold or
offered for sale at retail for consumption on the premises, except in a
container having a minimum capacity of at least one fluid ounce and which
contains at the time of sale at least one fluid ounce of the beverage being
sold. The provisions of this Section shall not prohibit the sale of unmixed
spirits on boats or railroad cars
licensed to
sell liquor for consumption on the premises in containers regularly used
and having a smaller fluid capacity.
(Source: P.A. 89-250, eff. 1-1-96.)
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(235 ILCS 5/6-27) (from Ch. 43, par. 144c)
Sec. 6-27.
Licensing of seller and server education programs.
(a) Any
program designed to educate or train employees who sell
or serve alcoholic beverages at retail to identify and address persons
displaying problems with alcohol misuse or abuse shall be licensed by the
State Commission.
(b) A seller and server education program license in effect on the
effective
date of
this amendatory Act of the 91st General Assembly shall remain in effect until
June 30, 2000.
(Source: P.A. 91-922, eff. 7-7-00.)
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(235 ILCS 5/6-27.1) Sec. 6-27.1. Responsible alcohol service server training. (a) Unless issued a valid server training certificate between July 1, 2012 and July 1, 2015 by a certified Beverage Alcohol Sellers and Servers Education and Training (BASSET) trainer, all alcohol servers in Cook County are required to obtain and complete training in basic responsible alcohol service as outlined in 77 Ill. Adm. Code 3500, as those provisions exist on July 1, 2015 (the effective date of Public Act 98-939), by July 1, 2015 or within 120 days after the alcohol server begins his or her employment, whichever is later. All alcohol servers in a county, other than Cook County, with a population of 200,000 inhabitants or more are required to obtain and complete training in basic responsible alcohol service as outlined in 77 Ill. Adm. Code 3500, as those provisions exist on July 1, 2015 (the effective date of Public Act 98-939), by July 1, 2016 or within 120 days after the alcohol server begins his or her employment, whichever is later. All alcohol servers in a county with a population of more than 30,000 inhabitants and less than 200,000 inhabitants are required to obtain and complete training in basic responsible alcohol service as outlined in 77 Ill. Adm. Code 3500, as those provisions exist on July 1, 2015 (the effective date of Public Act 98-939), by July 1, 2017 or within 120 days after the alcohol server begins his or her employment, whichever is later. All alcohol servers in counties with a population of 30,000 inhabitants or less are required to obtain and complete training in basic responsible alcohol service as outlined in 77 Ill. Adm. Code 3500, as those provisions exist on July 1, 2015 (the effective date of Public Act 98-939), by July 1, 2018 or within 120 days after the alcohol server begins his or her employment, whichever is later. There is no limit to the amount of times a server may take the training. A certificate of training belongs to the server, and a server may transfer a certificate of training to a different employer, but shall not transfer a certificate of training to another server. Proof that an alcohol server has been trained must be available upon reasonable request by State law enforcement officials. For the purpose of this Section, "alcohol servers" means persons who sell or serve open containers of alcoholic beverages at retail, anyone who delivers mixed drinks under Section 6-28.8, and anyone whose job description entails the checking of identification for the purchase of open containers of alcoholic beverages at retail or for entry into the licensed premises. The definition does not include (i) a distributor or importing distributor conducting product sampling as authorized in Section 6-31 of this Act or a registered tasting representative, as provided in 11 Ill. Adm. Code 100.40, conducting a tasting, as defined in 11 Ill. Adm. Code 100.10; (ii) a volunteer serving alcoholic beverages at a charitable function; or (iii) an instructor engaged in training or educating on the proper technique for using a system that dispenses alcoholic beverages. (b) Responsible alcohol service training must cover and assess knowledge of the topics noted in 77 Ill. Adm. Code 3500.155. (c) Beginning on the effective date of this amendatory Act of the 98th General Assembly, but no later than October 1, 2015, all existing BASSET trainers who are already BASSET certified as of the effective date of this amendatory Act of the 98th General Assembly shall be recertified by the State Commission and be required to comply with the conditions for server training set forth in this amendatory Act of the 98th General Assembly. (d) Training modules and certificate program plans must be approved by the State Commission. All documents, materials, or information related to responsible alcohol service training program approval that are submitted to the State Commission are confidential and shall not be open to public inspection or dissemination and are exempt from disclosure. The State Commission shall only approve programs that meet the following criteria: (1) the training course covers the content specified | ||
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(2) if the training course is classroom-based, the | ||
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(3) if the training course is online or | ||
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(4) training and testing is based on a job task | ||
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(5) training and testing is conducted by any means | ||
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(6) the program must provide access on a | ||
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(e) Nothing in subsection (d) of this Section shall be construed to require a program to use a test administrator or proctor. (f) A certificate issued from a BASSET-licensed training program shall be accepted as meeting the training requirements for all server license and permit laws and ordinances in the State. (g) A responsible alcohol service training certificate from a BASSET-licensed program shall be valid for 3 years. (h) The provisions of this Section shall apply beginning July 1, 2015. From July 1, 2015 through December 31, 2015, enforcement of the provisions of this Section shall be limited to education and notification of the requirements to encourage compliance. (i) The provisions of this Section do not apply to a special event retailer.
(Source: P.A. 101-631, eff. 6-2-20.) |
(235 ILCS 5/6-27.5) Sec. 6-27.5. Mandatory schedule of prices. All retail licensees shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the licensed premises or in any room or part thereof. Whenever a hotel or multi-use establishment which holds a valid retailer's license operates on its premises more than one establishment at which drinks of alcoholic liquor are sold at retail, the hotel or multi-use establishment shall maintain at each such establishment a separate schedule of the prices charged for such drinks at that establishment.
(Source: P.A. 99-46, eff. 7-15-15.) |
(235 ILCS 5/6-28) (from Ch. 43, par. 144d)
Sec. 6-28. Prohibited happy hours. (a) (Blank).
(b) No retail licensee or employee or agent of such licensee shall:
(1) sell more than one drink of alcoholic liquor for | ||
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(2) sell, offer to sell or serve to any person an | ||
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(3) (blank);
(4) increase the volume of alcoholic liquor contained | ||
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(5) encourage or permit, on the licensed premises, | ||
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(6) advertise or promote in any way, whether on or | ||
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(c) (Blank).
(d) A violation of this Section shall be grounds for suspension or
revocation of the retailer's license as provided by
this Act. The State Commission may not enforce any trade practice policy or other rule that was not adopted in accordance with the Illinois Administrative Procedure Act.
(Source: P.A. 98-571, eff. 8-27-13; 99-46, eff. 7-15-15.)
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(235 ILCS 5/6-28.5) Sec. 6-28.5. Permitted happy hours and meal packages, party packages, and entertainment packages. (a) As used in this Section: "Dedicated event space" means a room or rooms or other clearly delineated space within a retail licensee's premises that is reserved for the exclusive use of party package invitees during the entirety of a party package. Furniture, stanchions and ropes, or other room dividers may be used to clearly delineate a dedicated event space. "Meal package" means a food and beverage package, which may or may not include entertainment, where the service of alcoholic liquor is an accompaniment to the food, including, but not limited to, a meal, tour, tasting, or any combination thereof for a fixed price by a retail licensee or any other licensee operating within a sports facility, restaurant, winery, brewery, or distillery. "Party package" means a private party, function, or event for a specific social or business occasion, either arranged by invitation or reservation for a defined number of individuals, that is not open to the general public and where attendees are served both food and alcohol for a fixed price in a dedicated event space. (b) A retail licensee may: (1) offer free food or entertainment at any time; (2) include drinks of alcoholic liquor as part of a | ||
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(3) sell or offer for sale a party package only if | ||
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(A) offers food in the dedicated event space; (B) limits the party package to no more than 3 | ||
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(C) distributes wristbands, lanyards, shirts, or | ||
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(D) excludes individuals not participating in the | ||
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(4) include drinks of alcoholic liquor as part of a | ||
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(5) negotiate drinks of alcoholic liquor as part of a | ||
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(6) provide room service to persons renting rooms at | ||
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(7) sell pitchers (or the equivalent, including, but | ||
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(8) advertise events permitted under this Section; (9) include drinks of alcoholic liquor as part of an | ||
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(10) discount any drink of alcoholic liquor during a | ||
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(A) the price of the drink of alcoholic liquor is | ||
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(B) the period of time during which any drink of | ||
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(C) the drink of alcoholic liquor is not | ||
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(D) notice of the discount of the drink of | ||
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(c) A violation of this Section shall be grounds for suspension or revocation of the retailer's license as provided by this Act. The State Commission may not enforce any trade practice policy or other rule that was not adopted in accordance with the Illinois Administrative Procedure Act. (d) All licensees affected by this Section must also comply with Sections 6-16, 6-21, and 6-27.1 of this Act.
(Source: P.A. 99-46, eff. 7-15-15; 100-201, eff. 8-18-17.) |
(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 | ||
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(A) has been trained in accordance with Section | ||
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(B) is at least 21 years of age; and (C) upon delivery, verifies the age of the person | ||
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(2) if the employee delivering the cocktail, mixed | ||
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(3) the sealed container is placed in the trunk of | ||
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(4) except for a manufacturer's original container, a | ||
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(A) the cocktail or mixed drink ingredients, | ||
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(B) the name, license number, and address of the | ||
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(C) the volume of the cocktail, mixed drink, or | ||
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(D) the sealed container was filled less than 7 | ||
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(5) a manufacturer's original container shall be | ||
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(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 | ||
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(2) a container of a mixed drink, cocktail, or single | ||
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(3) a container of a mixed drink, cocktail, or single | ||
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(4) a mixed drink, cocktail, or single serving of | ||
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(5) the person delivering a mixed drink, cocktail, or | ||
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(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) (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 | ||
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(2) To reaffirm that the General Assembly's findings | ||
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(3) To maintain the State's broad powers granted by | ||
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(4) To ensure that the General Assembly, by | ||
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(5) To provide that, in the event that a court of | ||
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(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.)
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(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 | ||
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(2) Minimizing automobile crashes and fatalities, | ||
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(3) To the maximum extent constitutionally feasible, | ||
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(4) Combined with family education and individual | ||
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(5) Therefore, the paramount purpose of this | ||
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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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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) 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 | ||
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(2) sponsorships of athletic events where the | ||
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(3) billboards advertising alcopops, as defined in | ||
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(4) the display of any alcopop beverage in any | ||
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(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) 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 | ||
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(2) the homemade brewed beverages are not sold or | ||
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(3) the total quantity of homemade brewed beverages | ||
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(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) 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)
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 | ||
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(2) the transfer is made by common carrier, a | ||
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(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 | ||
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(2) the brand, size, and quantity of the wine or | ||
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(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.)
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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, | ||
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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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(5) the retail licensee obtains an additional liquor | ||
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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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(8) other unforeseeable circumstances beyond the | ||
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(A) the licensee cannot reasonably take | ||
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(B) in which the only reasonable method of | ||
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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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(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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(2) the brand, size, and quantity of the wine or | ||
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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.) |
(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 heading) ARTICLE VII.
LICENSES
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(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 | ||
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(4) In case of a copartnership, the date of the | ||
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(5) The number, the date of issuance and the date of | ||
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(6) The name of the city, village, or county that | ||
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(7) The name and address of the landlord if the | ||
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(8) The date of the applicant's first request for a | ||
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(9) The address of the applicant when the first | ||
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(10) The applicant's current State liquor license | ||
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(11) The date the applicant began liquor sales at his | ||
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(12) The address of the applicant's warehouse if he | ||
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(13) The applicant's Retailers' Occupation Tax (ROT) | ||
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(14) The applicant's document locator number on his | ||
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(15) Whether the applicant is delinquent in the | ||
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(16) Whether the applicant is delinquent under the | ||
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(17) In the case of a retailer, whether he is | ||
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(18) In the case of a distributor, whether he is | ||
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(19) Whether the applicant has made an application | ||
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(20) Whether the applicant has ever had any previous | ||
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(21) Whether the applicant has ever been convicted of | ||
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(22) Whether the applicant possesses a current | ||
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(23) Whether the applicant, or any other person, | ||
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(24) The applicant's name, sex, date of birth, social | ||
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(25) That he has not received or borrowed money or | ||
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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.)
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(235 ILCS 5/7-2) (from Ch. 43, par. 146)
Sec. 7-2.
License fee payable with applications.
All applications to
the
State Commission shall be accompanied by the deposit of a
check or draft drawn on a bank or savings and loan association
within this State or United States postal money order in
the full
amount of the license fee required to be paid for the kind of license applied
for, which fee shall be returned to such applicant if such application is
denied.
(Source: P.A. 89-250, eff. 1-1-96.)
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(235 ILCS 5/7-3) (from Ch. 43, par. 147)
Sec. 7-3.
If a licensee shall be convicted of the violation of any of the
provisions of this Act, or his license shall be revoked and no appeal is
taken from said order of revocation or any appeal taken therefrom is
decided adversely to the licensee, said bond (if one is required) shall
thereupon be forfeited.
(Source: P.A. 83-1254.)
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(235 ILCS 5/7-4) (from Ch. 43, par. 148)
Sec. 7-4.
At any time during the pendency of an application the State
commission shall have the right to compel the applicant to submit to any
examination and to produce any books and records which, in the judgment of
the State commission, are material to the determination of whether the
applicant is qualified to receive a license under the provisions of this
Act, or whether the premises sought to be licensed are suitable for such
purposes. The State commission shall also have the right to require the
applicant to answer any charges made in any objection to the issuance of
the license or made by the chief of police, prosecuting official, mayor or
president of cities, towns, and villages or by the sheriff or prosecuting
attorney of counties relative to the same. The failure of any applicant to
appear at the time and place fixed by the State commission for his
examination or to produce books and records requested, unless for good
cause shown, shall be deemed to be an admission that the applicant is not
qualified to receive a license.
(Source: P.A. 82-783.)
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(235 ILCS 5/7-5) (from Ch. 43, par. 149)
Sec. 7-5. The local liquor control commissioner may revoke or suspend any
license issued by him if he determines that the licensee has violated any
of the provisions of this Act or of any valid ordinance or resolution
enacted by the particular city council, president, or board of trustees or
county board (as the case may be) or any applicable rule or regulations
established by the local liquor control commissioner or the State
commission which is not inconsistent with law.
Upon notification by the Illinois Department of Revenue, the State
Commission, in accordance with Section 3-12, may refuse the issuance or renewal of a license, fine a licensee, or suspend or revoke any license issued by the State Commission if the licensee or license applicant has
violated the
provisions of Section 3 of the Retailers' Occupation Tax Act.
In addition to the suspension,
the local liquor control commissioner in any
county or municipality
may levy a fine on the licensee for such
violations. The fine imposed shall not exceed $1000 for a first
violation within a 12-month period, $1,500 for a second violation within a
12-month period, and $2,500 for a third or subsequent violation within a
12-month period. Each day on which a violation continues shall
constitute a separate violation.
Not more than $15,000 in fines under this Section may be
imposed against
any licensee during the period of his license. Proceeds from such fines
shall be paid into the general corporate fund of the county or
municipal treasury, as the case may be.
However, no such license
shall be so revoked or suspended and no licensee shall be fined except after
a public hearing by the local
liquor control commissioner with a 3 day written notice to the licensee
affording the licensee an opportunity to appear and defend.
All such
hearings shall be open to the public and the local liquor control
commissioner shall reduce all evidence to writing and shall maintain an
official record of the proceedings. If the local liquor control
commissioner has reason to believe that any continued operation of a
particular licensed premises will immediately threaten the welfare of the
community he may, upon the issuance of a written order stating the reason
for such conclusion and without notice or hearing order the licensed
premises closed for not more than 7 days, giving the licensee an
opportunity to be heard during that period, except that if such licensee
shall also be engaged in the conduct of another business or businesses on
the licensed premises such order shall not be applicable to such other
business or businesses.
The local liquor control commissioner shall within 5 days after such
hearing, if he determines after such hearing that the license should be
revoked or suspended or that the licensee should be fined, state the reason
or reasons for such determination in
a written order, and either the amount of the fine, the period of suspension,
or that the license has been revoked,
and shall serve a copy of such
order within the 5 days upon the licensee.
If the premises for which the license was issued are located outside of
a city, village or incorporated town having a population of 500,000 or more
inhabitants, the licensee after the receipt of such order of suspension or
revocation shall have the privilege within a period of 20 days after the
receipt of such order of suspension or revocation of appealing the order to
the State commission for a decision sustaining, reversing or modifying the
order of the local liquor control commissioner. If the State commission
affirms the local commissioner's order to suspend or revoke the license at
the first hearing, the appellant shall cease to engage in the business for
which the license was issued, until the local commissioner's order is
terminated by its own provisions or reversed upon rehearing or by the
courts.
If the premises for which the license was issued are located within a
city, village or incorporated town having a population of 500,000 or more
inhabitants, the licensee shall have the privilege, within a period of 20 days
after the
receipt of such order of fine, suspension or revocation, of appealing the order
to
the local license appeal commission and upon the filing of such an appeal
by the licensee the license appeal commission shall determine the appeal
upon certified record of proceedings of the local liquor commissioner in
accordance with the provisions of Section 7-9. Within 30
days after such appeal was heard the license appeal
commission shall
render a decision sustaining or reversing
the order of the local liquor
control commissioner.
If the premises for which a license was issued are located within a city, village, or incorporated town having a population of 1,000,000 or more inhabitants and the local liquor control commissioner has evidence that the following criminal activity has occurred inside the licensed premises: the sale of or possession with intent to sell controlled substances or marijuana, the sale of or possession with intent to sell firearms, homicide, criminal sexual assault or criminal sexual abuse, aggravated assault or aggravated battery, then the local liquor control commissioner may, without notice or hearing, and upon the issuance of a written order stating that the continued operation of the licensed premises poses an immediate threat to the health, safety, or welfare of the community, order the licensed premises closed for a period of not more than 30 days, giving the licensee an opportunity to be heard during that period. Upon receipt of evidence of the criminal activity by the local liquor control commissioner, the name of the licensee and the address of the licensed premises where the criminal activity is alleged to have occurred may be submitted by the local liquor control commissioner to the State Commission. If such information is received by the State Commission, then the State Commission must post that information in each of its offices in places available for public inspection not later than the day following the State Commission's receipt of the information. If the licensee is granted a continuance during the period of time the licensed premises is ordered to be closed, the licensed premises shall remain closed until a judgment is entered. Notwithstanding the foregoing, the licensed premises will be allowed to remain open if the criminal activity is timely reported by the licensee, or its agents, pursuant to local ordinance, and the criminal activity shall not be used as a basis for suspension under this Act. A distributor may, in coordination with the local liquor control commissioner and the local police department, remove any product from the licensed premises for which the distributor has not received full payment from the licensee at the time of the closure of the premises. The distributor shall provide the local liquor control commissioner with a document outlining the products for which full payment has not been received. (Source: P.A. 98-1054, eff. 8-26-14.)
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(235 ILCS 5/7-6) (from Ch. 43, par. 150)
Sec. 7-6. All proceedings for the revocation or suspension of licenses
of manufacturers, distributors, importing distributors, non-resident dealers,
foreign
importers, non-beverage users, railroads, airplanes and boats shall be
before the State Commission. All such proceedings and all proceedings
for the revocation or suspension of a retailer's license before the
State commission shall be in accordance with rules and regulations
established by it not inconsistent with law. However, no such license
shall be so revoked or suspended except after a hearing by the State
commission with reasonable notice to the licensee served by registered
or certified mail with return receipt requested at least 10 days
prior to
the hearings at the last known place of business of the licensee and
after an opportunity to appear and defend. Such notice shall
specify the
time and place of the hearing, the nature of the charges, the
specific provisions of the Act and rules violated, and the specific facts
supporting the charges or violation. The
findings of the Commission shall be predicated upon competent evidence.
The revocation of a local license shall automatically result in the
revocation of a State license.
Upon notification by the Illinois Department of Revenue, the State
Commission, in accordance with Section 3-12, may refuse the issuance or renewal of a license, fine a licensee, or suspend or revoke any license issued by the State Commission if the licensee or license applicant has
violated the
provisions of Section 3 of the Retailers' Occupation Tax Act.
All procedures for the suspension or revocation
of a license, as enumerated above, are applicable to the levying of fines
for violations of this Act or any rule or regulation issued pursuant thereto.
(Source: P.A. 95-331, eff. 8-21-07.)
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(235 ILCS 5/7-7) (from Ch. 43, par. 151)
Sec. 7-7.
Any five residents of the city, village or county shall have the
right to file a complaint with the local commission stating that any
retailer licensee, subject to the jurisdiction of the local commission, has
been or is violating the provisions of this Act or the rules or regulations
issued pursuant hereto. Such complaint shall be in writing in the form
prescribed by the local commission and shall be signed and sworn to by the
parties complaining. The complaint shall state the particular provision,
rule or regulation believed to have been violated and the facts in detail
upon which belief is based. If the local commission is satisfied that the
complaint substantially charges a violation and that from the facts alleged
there is reasonable cause for such belief, it shall set the matter for
hearing and shall serve notice upon the licensee of the time and place of
such hearing and of the particular charge in the complaint.
(Source: P.A. 82-783.)
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(235 ILCS 5/7-8) (from Ch. 43, par. 152)
Sec. 7-8.
For each city, village or incorporated town having a population
of 500,000 or more inhabitants, there is established a license appeal
commission consisting of the chairman of the Illinois Liquor Control
Commission, the most senior member of the Illinois Liquor Control Commission
who is not of the same political party as the chairman, and one person who is
a resident of the particular city, village or incorporated town selected by
the council or president and board of trustees, as the case may be, who
shall serve for a term of 4 years and until his successor is selected
and takes office. Neither the mayor, president of the board of trustees,
nor any member of the council or board of trustees shall be eligible for
membership on a license appeal commission. Each of the 2 members of the
Illinois Liquor Control Commission shall receive a $200 per diem
for their work on the license appeal commission, and the other member shall
receive an annual salary which shall be paid by the particular city,
village or incorporated town. The secretary of the Illinois Liquor Control
Commission shall be ex-officio the secretary for each license appeal
commission.
(Source: P.A. 91-798, eff. 7-9-00; 91-922, eff. 7-7-00.)
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(235 ILCS 5/7-9) (from Ch. 43, par. 153)
Sec. 7-9.
Except as provided in this Section, any order or action of a
local liquor control commissioner levying a fine or refusing to levy a fine
on a licensee, granting or refusing to grant a license,
revoking or suspending or refusing to revoke or suspend a license or
refusing for more than 30 days to grant a hearing upon a complaint to
revoke or suspend a license may, within 20 days after notice of such
order or action, be appealed by any resident of the political
subdivision under the jurisdiction of the local liquor control
commissioner or any person interested, to the State Commission.
In any case where a licensee appeals to the State Commission from an
order or action of the local liquor control commission having the effect of
suspending or revoking a license, denying a renewal application, or
refusing to grant a license, the licensee shall resume the operation of the
licensed business pending the decision of the State Commission and the
expiration of the time allowed for an application for rehearing. If an
application for rehearing is filed, the licensee shall continue the
operation of the licensed business until the denial of the application or,
if the rehearing is granted, until the decision on rehearing.
In any case in which a licensee appeals to the State Commission a
suspension or revocation by a local liquor control commissioner that is the
second or subsequent such suspension or revocation placed on that licensee
within the preceding 12 month period, the licensee shall
consider the suspension or revocation to be in effect until a reversal of
the local liquor control commissioner's action has been issued by the State
Commission and shall cease all activity otherwise authorized by the
license. The State Commission shall expedite, to the greatest extent
possible, its consideration of any appeal that is an appeal of a second or
subsequent suspension or revocation within the past 12 month period.
The appeal shall be limited to a review of the official record of the
proceedings of such local liquor control commissioner if the county board,
city council or board of trustees, as the case may be,
has adopted a resolution requiring that such review be on the record. If such
resolution is adopted, a certified official record of the proceedings
taken and prepared by a certified court reporter or certified shorthand
reporter shall be filed by the local liquor control commissioner within 5
days after notice of the filing of such appeal, if the appellant licensee
pays for the cost of the transcript.
The State Commission
shall
review the propriety of the order or action of the local liquor control
commissioner and shall consider the following questions:
(a) whether the local liquor control commissioner has | ||
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(b) whether the order is supported by the findings;
(c) whether the findings are supported by substantial | ||
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The only evidence which may be considered in the review, shall be the
evidence found in the certified official record of the proceedings of
the local liquor control commissioner. No new or additional evidence
shall be admitted or considered. The State Commission shall render a
decision affirming, reversing or modifying the order or action reviewed
within 30 days after the appeal was heard.
In the event such appeal is from an order of a local liquor control
commissioner of a city, village or incorporated town of 500,000 or more
inhabitants, granting or refusing to grant a license or refusing for
more than 30 days to grant a hearing upon a complaint to revoke or
suspend a license, the matter of the propriety of such order or action
shall be tried de novo by the license appeal commission as expeditiously
as circumstances permit.
In the event such appeal is from an order or action of a local liquor
control commissioner of a city, village or incorporated town of 500,000
or more inhabitants, imposing a fine or refusing to impose a fine on a
licensee, revoking or suspending or refusing to revoke or
suspend a license, the license appeal commission shall determine the
appeal by a review of the official record of the proceedings of such
local liquor control commissioner. A certified record of the proceedings
shall be promptly filed with the license appeal commission by such local
liquor
control commissioner after notice of the filing of such
appeal if the appellant licensee pays for the cost of the transcript
and promptly delivers the transcript to
the local liquor control commission or its attorney.
The review by the license appeal commission shall be limited to
the questions:
(a) whether the local liquor control commissioner has | ||
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(b) whether the order is supported by the findings;
(c) whether the findings are supported by substantial | ||
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No new or additional evidence in support
of or in opposition to such order or action under appeal shall be
received other than that contained in such record of the proceedings.
Within 30 days after such appeal was heard,
the license appeal
commission shall render its decision in accordance with the provisions
of Section 7-5.
In cities, villages and incorporated towns having a population of
500,000 or more inhabitants, appeals from any order or action shall lie
to the license appeal commission of such city, village or incorporated
town. All of the provisions of this Section and Section 7-10 relative
to proceedings upon appeals before the State Commission
and relative to appeals from the decisions of the State Commission shall
apply also to proceedings upon appeals before any license appeal
commission and appeals from the decisions of license appeal commission.
In any trial de novo hearing before the State Commission or license
appeal commission, the local liquor control commissioner shall be
entitled to 10 days notice and to be heard. All such trial de novo
hearings shall be open to the public and the Illinois Liquor Control
Commission and the license appeal commission shall reduce all evidence
offered thereto to writing.
If after trial de novo hearing or review as provided herein, the
State Commission or the license appeal commission (as the case may be)
shall decide that the license has been improperly issued, denied,
revoked, suspended or refused to be revoked or suspended or a hearing to
revoke or suspend has been improperly refused or that the licensee has been
improperly fined or not fined, it shall enter an order
in conformity with such findings, which order shall be in writing.
A certified copy of the order shall be transmitted to the particular
local liquor control commissioner and it shall be the duty of the local
liquor control commissioner to take such action as may be necessary to
conform with the order.
In any trial de novo hearing before the State Commission or the
license appeal commission, the licensee shall submit to examination and
produce books and records material to the business conducted under the
license in like manner as before the local liquor control commissioner,
and the failure of the licensee to submit to such an examination or to
produce such books and records, or to appear at the hearing on such
appeal, shall constitute an admission that he has violated the
provisions of this Act. In the event the appeal is from an order of the
local liquor control commissioner
denying a renewal application, the
licensee shall have on deposit with the local liquor control
commissioner an amount sufficient to cover the license fee for the
renewal period and any bond that may be required.
(Source: P.A. 88-613, eff. 1-1-95.)
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(235 ILCS 5/7-10) (from Ch. 43, par. 154)
Sec. 7-10.
A copy of the rule, regulation, order or decision of the State
commission or the license appeal commission, in any proceeding before it,
certified under the seal of said commission, shall be served upon each
party of record to the proceeding before the commission and service upon
any attorney of record for any such party shall be deemed service upon such
party. Each party appearing before said commission shall enter his
appearance and indicate to the commission his address for the service of a
copy of any rule, regulation, order, decision or notice and the mailing of
a copy of any rule, regulation or order of said commission or of any notice
by said commission, in said proceeding, to said party at such address shall
be deemed service thereof upon such party.
Within 20 days after the service of any rule, regulation, order or
decision of said commission upon any party to the proceeding, such party
may apply for a rehearing in respect to any matters determined by said
commission. If a rehearing is granted, the commission shall hold the
rehearing and render a decision within 20 days from the filing of the
application for rehearing with the secretary of the commission. The time
for holding such rehearing and rendering a decision may be extended for a
period not to exceed 30 days, for good cause shown, and by notice in
writing to all parties of interest. No action for the judicial review of
any decision of said commission shall be allowed unless the party
commencing such action has first filed an application for a rehearing and
the commission has acted upon said application. Only one rehearing may be
granted by the commission on application of any one party.
(Source: P.A. 82-783.)
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(235 ILCS 5/7-11) (from Ch. 43, par. 154a)
Sec. 7-11.
Judicial review.
All final administrative decisions of
the State Commission under this Act shall be subject to judicial review
pursuant to the provisions of the Administrative Review Law and the rules
adopted pursuant thereto. Judicial review may be requested by any party in
interest, including but not limited to the local liquor control
commissioner. The term "administrative decision" is defined as in Section
3-101 of the Code of Civil Procedure.
(Source: P.A. 86-1279.)
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(235 ILCS 5/7-12) (from Ch. 43, par. 155)
Sec. 7-12.
Whenever any licensee shall have been convicted
by any court of a
wilful violation of any of the provisions of this Act, he shall, in
addition to the penalties for such offense, incur a forfeiture of his state
and local license and all moneys that have been paid therefor; the local
commission shall thereupon revoke his license or the State commission shall
revoke his license as the case may be.
(Source: P.A. 82-783.)
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(235 ILCS 5/7-13) (from Ch. 43, par. 156)
Sec. 7-13.
Granting licenses after revocation; waiting period;
discretion. When any license shall have been revoked for any cause, no
license shall be granted to any person for the period of one year thereafter
for the conduct of the business of manufacturing, distributing, or selling
alcoholic liquor in the premises described in the revoked license unless the
revocation order has been vacated or unless the revocation order was entered as
to the licensee only.
Nothing in this Section shall prohibit the issuance of a retail license
authorizing the sale of alcoholic liquor incidental to a restaurant if (1) the
primary
business of the restaurant consists of the sale of food where the sale of
liquor is incidental to the sale of food and the applicant is a completely new
owner of the restaurant, (2) the immediately
prior owner or operator of the premises where the restaurant is located
operated the premises as a restaurant and held a valid retail license
authorizing the
sale of alcoholic liquor at the restaurant for at least part of the 24 months
before the
change of ownership, and (3) the restaurant is located 75 or more feet from a
school.
(Source: P.A. 91-623, eff. 1-1-00.)
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(235 ILCS 5/7-14) (from Ch. 43, par. 157)
Sec. 7-14.
Separate license for each premise; transfer to other
premises. Licenses issued hereunder apply only to the premises
described in
the application and in the license issued thereon, and only one location
shall be so described in each license. After a license has been granted for
particular premises, the State Commission or the local commissioner, as the
case may be, upon proper showing, may endorse upon said license permission
to abandon the premises therein described and remove therefrom to other
premises approved by him or it, but in order to obtain such approval the
licensee shall file with the State Commission and local commissioner a
request in writing and a statement under oath which shall show that the
premises to which removal is to be made comply in all respects with the
requirements of this Act.
A transfer may only be requested to a premise within the same jurisdiction
that issued the original local liquor license.
(Source: P.A. 89-250, eff. 1-1-96.)
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(235 ILCS 5/Art. VIIA heading) ARTICLE VIIA.
WAREHOUSES
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(235 ILCS 5/7A-1) (from Ch. 43, par. 157a)
Sec. 7A-1.
For the purposes of this Article:
"Warehouse" means any room, house, structure, building, place, yard or
protected enclosure wherein personal property belonging to another is
stored for a compensation.
"Warehouseman" means any person, firm, partnership, association or
corporation owning, controlling, operating, managing or leasing any
warehouse within this State.
"For compensation" means any direct or indirect charge for storage.
(Source: P.A. 82-783.)
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(235 ILCS 5/7A-2) (from Ch. 43, par. 157b)
Sec. 7A-2.
On and after August 1, 1937, it shall be unlawful for any
warehouseman to receive, hold, store or deliver any alcoholic liquors
without a certificate of registration from the Department. Application for
a certificate of registration shall be made to the Department and shall
state: (1) The name of the applicant; (2) the address of his warehouse (if
he operates more than one such warehouse, he shall state the address of
each such warehouse). Upon the receipt of the application in proper form,
the Department shall issue to such applicant a certificate of registration
bearing a distinctive number which he shall conspicuously display on the
premises for which it is issued. The applications shall be made on forms
prepared and furnished by the Department and shall contain such other
information as the Department may reasonably require to carry out the
provisions of this Act.
(Source: P.A. 82-783.)
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(235 ILCS 5/7A-3) (from Ch. 43, par. 157c)
Sec. 7A-3.
It shall be unlawful for any person to store any alcoholic liquors
with or deliver any alcoholic liquors to any warehouseman who has not
received a certificate of registration from the Department.
(Source: P.A. 82-783.)
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(235 ILCS 5/7A-4) (from Ch. 43, par. 157d)
Sec. 7A-4.
On or before the fifteenth day of each calendar month, every
warehouseman holding a certificate of registration under this Article shall
file a return with the Department covering the preceding calendar month
stating:
1. The name of the warehouseman and the number of his certificate of
registration;
2. The address of the warehouse;
3. The name and address of each person from whom any alcoholic liquors
were actually or constructively received by him as a warehouseman, the date
on which same were so received, the number and size of the containers in
which any alcoholic liquors were so received, and the number and size of
the containers to the credit of each such person at the end of the
preceding calendar month; and
4. The name and address of each person to whom any alcoholic liquors
were actually or constructively delivered by him as a warehouseman, the
date on which same were so delivered, the number and size of the containers
in which any alcoholic liquors were so delivered and from whom any
alcoholic liquors so delivered were actually or constructively received.
(Source: P.A. 82-783.)
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(235 ILCS 5/7A-5) (from Ch. 43, par. 157e)
Sec. 7A-5.
Each warehouseman included in this Article shall
keep or cause to
be kept, at his registered address, a record showing all alcoholic liquors
actually or constructively received by him as a warehouseman, held, stored
or actually or constructively delivered by him as a warehouseman, the name
and address of the person depositing same, the name and address of the
person to whom delivered and any other information necessary to the proper
conduct of such warehouse. Such records shall, at all times during business
hours of the day, be subject to inspection by the Department or its duly
authorized agents and employees. Such records shall be preserved for a
period of two (2) years, unless the Department, in writing, authorizes
their destruction or disposal at an earlier date. Such records, reflecting
business done at any time after July 1, 1945, shall be preserved for a
period of three (3) years, unless the Department, in writing, authorizes
their destruction or disposal at an earlier date.
(Source: P.A. 82-783.)
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(235 ILCS 5/7A-6) (from Ch. 43, par. 157f)
Sec. 7A-6.
Any person who violates any of the provisions of this Article or
any of the rules and regulations of the Department for the administration
and enforcement of the provisions of this Article is guilty of a Class B
misdemeanor. In case of a continuing violation each day's continuance
thereof shall be a separate and distinct offense.
(Source: P.A. 82-783.)
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(235 ILCS 5/Art. VIII heading) ARTICLE VIII.
TAXATION OF LIQUOR
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(235 ILCS 5/8-1)
Sec. 8-1.
A tax is imposed upon the privilege of engaging in business as a
manufacturer or as an importing distributor of alcoholic liquor other than beer
at the rate of $0.185 per gallon until September 1, 2009 and $0.231 per gallon beginning September 1, 2009 for cider containing not less than
0.5% alcohol by volume nor more than 7% alcohol by volume, $0.73
per gallon until September 1, 2009 and $1.39 per gallon beginning September 1, 2009 for wine other than
cider containing less than 7% alcohol by volume, and $4.50
per gallon until September 1, 2009 and $8.55 per gallon beginning September 1, 2009 on alcohol and spirits manufactured and sold or used by such
manufacturer, or as agent for any other person, or sold or used by such
importing distributor, or as agent for any other person. A tax is imposed
upon the privilege of engaging in business as a manufacturer of beer or as an
importing distributor of beer at the rate of $0.185 per gallon until September 1, 2009 and $0.231 per gallon beginning September 1, 2009 on
all beer, regardless of alcohol by volume, manufactured and sold or used by such manufacturer, or as agent for
any other person, or sold or used by such importing distributor, or as agent
for any other person. Any brewer manufacturing beer in this State shall be
entitled to and given a credit or refund of 75% of the tax imposed on each
gallon of beer up to 4.9 million gallons per year in any given calendar year
for tax paid or payable on beer produced and sold in the State of Illinois.
For purposes of this Section, "beer" means beer, ale, porter, stout, and other similar fermented beverages of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute for malt. For the purpose of this Section, "cider" means any alcoholic beverage
obtained by the alcohol fermentation of the juice of apples or pears
including, but not limited to, flavored, sparkling, or carbonated cider.
The credit or refund created by this Act shall apply to all beer taxes
in the calendar years 1982 through 1986.
The increases made by this amendatory Act of the 91st General Assembly in
the rates of taxes imposed under this Section shall apply beginning on July
1, 1999.
A tax at the rate of 1¢ per gallon on beer and 48¢ per gallon on
alcohol and spirits is also imposed upon the privilege of engaging in
business as a retailer or as a distributor who is not also an importing
distributor with respect to all beer and all alcohol and spirits owned
or possessed by such retailer or distributor when this amendatory Act of
1969 becomes effective, and with respect to which the additional tax
imposed by this amendatory Act upon manufacturers and importing
distributors does not apply. Retailers and distributors who are subject
to the additional tax imposed by this paragraph of this Section shall be
required to inventory such alcoholic liquor and to pay this additional
tax in a manner prescribed by the Department.
The provisions of this Section shall be construed to apply to any
importing distributor engaging in business in this State, whether
licensed or not.
However, such tax is not imposed upon any such business as to any
alcoholic liquor shipped outside Illinois by an Illinois licensed
manufacturer or importing distributor, nor as to any alcoholic liquor
delivered in Illinois by an Illinois licensed manufacturer or importing
distributor to a purchaser for immediate transportation by the purchaser
to another state into which the purchaser has a legal right, under the
laws of such state, to import such alcoholic liquor, nor as to any
alcoholic liquor other than beer sold by one Illinois licensed
manufacturer or importing distributor to another Illinois licensed
manufacturer or importing distributor to the extent to which the sale of
alcoholic liquor other than beer by one Illinois licensed manufacturer
or importing distributor to another Illinois licensed manufacturer or
importing distributor is authorized by the licensing provisions of this
Act, nor to alcoholic liquor whether manufactured in or imported into
this State when sold to a "non-beverage user" licensed by the State for
use in the manufacture of any of the following when they are unfit for
beverage purposes:
Patent and proprietary medicines and medicinal, antiseptic, culinary
and toilet preparations;
Flavoring extracts and syrups and food products;
Scientific, industrial and chemical products, excepting denatured
alcohol;
Or for scientific, chemical, experimental or mechanical purposes;
Nor is the tax imposed upon the privilege of engaging in any business
in interstate commerce or otherwise, which business may not, under the
Constitution and Statutes of the United States, be made the subject of
taxation by this State.
The tax herein imposed shall be in addition to all other occupation
or privilege taxes imposed by the State of Illinois or political
subdivision thereof.
If any alcoholic liquor manufactured in or imported into this State
is sold to a licensed manufacturer or importing distributor by a
licensed manufacturer or importing distributor to be used solely as an
ingredient in the manufacture of any beverage for human consumption, the
tax imposed upon such purchasing manufacturer or importing distributor
shall be reduced by the amount of the taxes which have been paid by the
selling manufacturer or importing distributor under this Act as to such
alcoholic liquor so used to the Department of Revenue.
If any person received any alcoholic liquors from a manufacturer or
importing distributor, with respect to which alcoholic liquors no tax is
imposed under this Article, and such alcoholic liquor shall thereafter
be disposed of in such manner or under such circumstances as may cause
the same to become the base for the tax imposed by this Article, such
person shall make the same reports and returns, pay the same taxes and
be subject to all other provisions of this Article relating to
manufacturers and importing distributors.
Nothing in this Article shall be construed to require the payment to
the Department of the taxes imposed by this Article more than once with
respect to any quantity of alcoholic liquor sold or used within this
State.
No tax is imposed by this Act on sales of alcoholic liquor by
Illinois licensed foreign importers to Illinois licensed importing
distributors.
All of the proceeds of the additional tax imposed by Public Act 96-34 shall be deposited by the Department into the Capital Projects Fund. The remainder of the tax imposed by this Act shall be deposited by the Department into the General Revenue Fund. A manufacturer of beer that imports or transfers beer into this State must comply with the provisions of this Section with regard to the beer imported into this State. The provisions of this Section 8-1 are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 100-885, eff. 8-14-18; 101-16, eff. 6-14-19.)
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(235 ILCS 5/8-2) (from Ch. 43, par. 159)
Sec. 8-2. Payments; reports. It is the duty of each manufacturer with respect to alcoholic
liquor produced or imported by such manufacturer, or purchased tax-free by
such manufacturer from another manufacturer or importing
distributor, and of each importing distributor as to alcoholic liquor
purchased by such importing distributor from foreign importers or from
anyone from any point in the United States outside of this State or
purchased tax-free from another manufacturer or importing
distributor, to pay the tax imposed by Section 8-1 to the
Department of Revenue on or before the 15th day of the calendar month
following the calendar month in which such alcoholic liquor is sold or used
by such manufacturer or by such importing distributor other than in an
authorized tax-free manner or to pay that tax electronically as provided in
this Section.
Each manufacturer and each importing distributor shall
make payment under one of the following methods: (1) on or before the
15th day of each calendar month, file in person or by United States
first-class
mail, postage pre-paid,
with the Department of Revenue, on
forms prescribed and furnished by the Department, a report in writing in
such form as may be required by the Department in order to compute, and
assure the accuracy of, the tax due on all taxable sales and uses of
alcoholic liquor occurring during the preceding month. Payment of the tax
in the amount disclosed by the report shall accompany the report or, (2) on
or
before the 15th day of each calendar month, electronically file with the
Department of Revenue, on forms prescribed and furnished by the Department, an
electronic report in such form as may be required by the Department in order to
compute,
and assure the accuracy of, the tax due on all taxable sales and uses of
alcoholic liquor
occurring during the preceding month. An electronic payment of the tax in the
amount
disclosed by the report shall accompany the report. A manufacturer or
distributor who
files an electronic report and electronically pays the tax imposed pursuant to
Section 8-1
to the Department of Revenue on or before the 15th day of the calendar month
following
the calendar month in which such alcoholic liquor is sold or used by that
manufacturer or
importing distributor other than in an authorized tax-free manner shall pay to
the
Department the amount of the tax imposed pursuant to Section 8-1, less a
discount
which is allowed to reimburse the manufacturer or importing distributor
for the
expenses incurred in keeping and maintaining records, preparing and filing the
electronic
returns, remitting the tax, and supplying data to the Department upon
request.
The discount shall be in an amount as follows:
(1) For original returns due on or after January 1, | ||
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(2) For original returns due on or after October 1, | ||
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(3) For original returns due on or after October 1, | ||
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The Department may, if it deems it necessary in order to insure the
payment of the tax imposed by this Article, require returns to be made
more frequently than and covering periods of less than a month. Such return
shall contain such further information as the Department may reasonably
require.
It shall be presumed that all alcoholic liquors acquired or made by any
importing distributor or manufacturer have been sold or used by him in this
State and are the basis for the tax imposed by this Article unless proven,
to the satisfaction of the Department, that such alcoholic liquors are (1)
still in the possession of such importing distributor or manufacturer, or
(2) prior to the termination of possession have been lost by theft or
through unintentional destruction, or (3) that such alcoholic liquors are
otherwise exempt from taxation under this Act.
If any payment provided for in this Section exceeds the manufacturer's or importing distributor's liabilities under this Act, as shown on an original report, the manufacturer or importing distributor may credit such excess payment against liability subsequently to be remitted to the Department under this Act, in accordance with reasonable rules adopted by the Department. If the Department subsequently determines that all or any part of the credit taken was not actually due to the manufacturer or importing distributor, the manufacturer's or importing distributor's discount shall be reduced by an amount equal to the difference between the discount as applied to the credit taken and that actually due, and the manufacturer or importing distributor shall be liable for penalties and interest on such difference. The Department may require any foreign importer to file monthly
information returns, by the 15th day of the month following the month which
any such return covers, if the Department determines this to be necessary
to the proper performance of the Department's functions and duties under
this Act. Such return shall contain such information as the Department may
reasonably require.
Every manufacturer and importing distributor, except for a
manufacturer or importing distributor that in the preceding
year had less than $50,000 of tax liability under this Article, shall also file, with the
Department, a bond in an amount not less than $1,000 and not to exceed
$100,000 on a form to be approved by, and with a surety or sureties
satisfactory to, the Department. Such bond shall be conditioned upon the
manufacturer or importing distributor paying to the Department all monies
becoming due from such manufacturer or importing distributor under this
Article. The Department shall fix the penalty of such bond in each case,
taking into consideration the amount of alcoholic liquor expected to be
sold and used by such manufacturer or importing distributor, and the
penalty fixed by the Department shall be sufficient, in the Department's
opinion, to protect the State of Illinois against failure to pay any amount
due under this Article, but the amount of the penalty fixed by the
Department shall not exceed twice the amount of tax liability of a monthly
return, nor shall the amount of such penalty be less than $1,000. The
Department shall notify the State Commission of the Department's approval or
disapproval of any such manufacturer's or importing distributor's bond, or
of the termination or cancellation of any such bond, or of the Department's
direction to a manufacturer or importing distributor that he must file
additional bond in order to comply with this Section. The Commission shall
not issue a license to any applicant for a manufacturer's or importing
distributor's license unless the Commission has received a notification
from the Department showing that such applicant has filed a satisfactory
bond with the Department hereunder and that such bond has been approved by
the Department. Failure by any licensed manufacturer or importing
distributor to keep a satisfactory bond in effect with the Department or to
furnish additional bond to the Department, when required hereunder by the
Department to do so, shall be grounds for the revocation or suspension of
such manufacturer's or importing distributor's license by the Commission.
If a manufacturer or importing distributor fails to pay any amount due
under this Article, his bond with the Department shall be deemed forfeited,
and the Department may institute a suit in its own name on such bond.
After notice and opportunity for a hearing the State Commission may
revoke or suspend the license of any manufacturer or importing distributor
who fails to comply with the provisions of this Section. Notice of such
hearing and the time and place thereof shall be in writing and shall
contain a statement of the charges against the licensee. Such notice may be
given by United States registered or certified mail with return receipt
requested, addressed to the person concerned at his last known address and
shall be given not less than 7 days prior to the date fixed for the
hearing. An order revoking or suspending a license under the provisions of
this Section may be reviewed in the manner provided in Section 7-10
of this Act. No new license shall be granted to a person
whose license has been revoked for a violation of this Section or, in case
of suspension, shall such suspension be terminated until he has paid to the
Department all taxes and penalties which he owes the State under the
provisions of this Act.
Every manufacturer or importing distributor who has, as verified by
the Department, continuously complied with the conditions of the bond under
this Act for a period of 2 years shall be considered to be a prior
continuous compliance taxpayer. In determining the consecutive period of
time for qualification as a prior continuous compliance taxpayer, any
consecutive period of time of qualifying compliance immediately prior to
the effective date of this amendatory Act of 1987 shall be credited to any
manufacturer or importing distributor.
A manufacturer or importing distributor that is a prior continuous compliance taxpayer under this Section and becomes a successor as the result of an acquisition, merger, or consolidation of a manufacturer or importing distributor shall be deemed to be a prior continuous compliance taxpayer with respect to the acquired, merged, or consolidated entity.
Every prior continuous compliance taxpayer shall be exempt from the bond
requirements of this Act until the Department has determined the taxpayer
to be delinquent in the filing of any return or deficient in the payment of
any tax under this Act. Any taxpayer who fails to pay an admitted or
established liability under this Act may also be required to post bond or
other acceptable security with the Department guaranteeing the payment of
such admitted or established liability.
The Department shall discharge any surety and shall release and return
any bond or security deposit assigned, pledged or otherwise provided to it
by a taxpayer under this Section within 30 days after: (1) such taxpayer
becomes a prior continuous compliance taxpayer; or (2) such taxpayer has
ceased to collect receipts on which he is required to remit tax to the
Department, has filed a final tax return, and has paid to the Department an
amount sufficient to discharge his remaining tax liability as determined by
the Department under this Act.
(Source: P.A. 100-1171, eff. 1-4-19; 101-37, eff. 7-3-19.)
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(235 ILCS 5/8-3) (from Ch. 43, par. 159a)
Sec. 8-3.
If it appears, after claim therefor filed with the Department,
that an amount of tax or penalty or interest has been paid which was not due
under this Article, whether as the result of a mistake of fact or an error of
law, except as hereinafter provided, then the Department shall issue a
credit memorandum or refund to the person who made the erroneous payment
or, if that person died or became a person under legal disability, to his
or her legal representative, as such.
If it is determined that the Department should issue a credit or refund
under this Article, the Department may first apply the amount thereof
against any amount of tax or penalty or interest due hereunder from the
person entitled to such credit or refund. For this purpose, if proceedings
are pending to determine whether or not any tax or penalty or interest is
due under this Article from such person, the Department may withhold
issuance of the credit or refund pending the final disposition of such
proceedings and may apply such credit or refund against any amount found to
be due to the Department as a result of such proceedings. The balance, if
any, of the credit or refund shall be issued to the person entitled
thereto.
If no tax or penalty or interest is due and no proceeding is pending to
determine whether such taxpayer is indebted to the Department for tax or
penalty or interest the credit memorandum or refund shall be issued to the
claimant; or (in the case of a credit memorandum) the credit memorandum may
be assigned and set over by the lawful holder thereof, subject to
reasonable rules of the Department, to any other person who is subject to
this Article, and the amount thereof shall be applied by the Department
against any tax or penalty or interest due or to become due under this
Article from such assignee.
As to any claim filed hereunder with the Department on and after each
January 1 and July 1, no amount of tax or penalty or interest, erroneously
paid (either in total or partial liquidation of a tax or penalty or
interest under this Article) more than 3 years prior to such January 1 and
July 1, respectively, shall be credited or refunded. Notwithstanding any other provision of this Act to the contrary, for any period included in a claim for credit or refund for which the statute of limitations for issuing a notice of tax liability under this Act will expire less than 6 months after the date a taxpayer files the claim for credit or refund, the statute of limitations is automatically extended for 6 months from the date it would have otherwise expired.
Any credit or refund that is allowed under this Act shall bear interest
at the rate and in the manner specified in the Uniform Penalty and Interest
Act.
In case the Department determines that the claimant is entitled to a
refund, such refund shall be made only from such appropriation as may be
available for that purpose. If it appears unlikely that the amount
appropriated would permit everyone having a claim allowed during the period
covered by such appropriation to elect to receive a cash refund, the
Department, by rule or regulation, shall provide for the payment of refunds in
hardship cases and shall define what types of cases qualify as hardship cases.
(Source: P.A. 102-40, eff. 6-25-21.)
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(235 ILCS 5/8-4) (from Ch. 43, par. 163)
Sec. 8-4.
If a person fails to file a return as required by
this Article, or
having filed an incorrect or insufficient return, fails to file a corrected
or sufficient return, as the case may require, within 10 days after the
giving of notice to him by the Department that such corrected or sufficient
return is required, the Department shall determine the amount of tax due at
any time within 3 years after the making of the earliest disposition of
alcoholic liquor included in such determination, and shall give written
notice, by means of a notice of tax liability, of such determination to
such person. Protest thereto and demand for a hearing may be made and final
assessments arrived at in accordance with Section 8-5.
(Source: P.A. 82-783.)
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(235 ILCS 5/8-5) (from Ch. 43, par. 163a)
Sec. 8-5.
As soon as practicable after any return is filed, the Department
shall examine such return or amended return and shall correct such return according to its
best judgment and information, which return so corrected by the Department
shall be prima facie correct and shall be prima facie evidence of the
correctness of the amount of tax due, as shown therein. Instead of
requiring the licensee to file an amended return, the Department may simply
notify the licensee of the correction or corrections it has made. Proof of
such correction by the Department, or of the determination of the amount of
tax due as provided in Sections 8-4 and 8-10, may be made at
any hearing before the Department or in any legal proceeding by a
reproduced copy of the Department's record relating thereto in the name of
the Department under the certificate of the Director of Revenue. Such
reproduced copy shall, without further proof, be admitted into evidence
before the Department or in any legal proceeding and shall be prima facie
proof of the correctness of the amount of tax due, as shown therein. If the
return so corrected by the Department discloses the sale or use, by a
licensed manufacturer or importing distributor, of alcoholic liquors as to
which the tax provided for in this Article should have been paid, but has
not been paid, in excess of the alcoholic liquors reported as being taxable
by the licensee, and as to which the proper tax was paid the Department
shall notify the licensee that it shall issue the taxpayer a notice of tax
liability for the amount of tax claimed by the Department to be due,
together with penalties at the rates prescribed by Sections 3-3, 3-5 and
3-6 of the Uniform Penalty and Interest Act, which amount of tax shall be
equivalent to the amount of tax which, at the prescribed rate per gallon,
should have been paid with respect to the alcoholic liquors disposed of in
excess of those reported as being taxable. No earlier than 90 days after the due date of the return, the Department may compare filed returns, or any amendments thereto, against reports of sales of alcoholic liquor submitted to the Department by other manufacturers and distributors. If a return or amended return is corrected by the Department because the return or amended return failed to disclose the purchase of alcoholic liquor from manufacturers or distributors on which the tax provided for in this Article should have been paid, but has not been paid, the Department shall issue the taxpayer a notice of tax liability for the amount of tax claimed by the Department to be due, together with penalties at the rates prescribed by Sections 3-3, 3-5, and 3-6 of the Uniform Penalty and Interest Act. In a case where no return has
been filed, the Department shall determine the amount of tax due according
to its best judgment and information and shall issue the taxpayer a notice
of tax liability for the amount of tax claimed by the Department to be due
as herein provided together with penalties at the rates prescribed by
Sections 3-3, 3-5 and 3-6 of the Uniform Penalty and Interest Act. If, in
administering the provisions of this Act, a comparison of a licensee's
return or returns with the books, records and physical inventories of such
licensee discloses a deficiency which cannot be allocated by the Department
to a particular month or months, the Department shall issue the taxpayer a
notice of tax liability for the amount of tax claimed by the Department to
be due for a given period, but without any obligation upon the Department
to allocate such deficiency to any particular month or months, together
with penalties at the rates prescribed by Sections 3-3, 3-5 and 3-6 of the
Uniform Penalty and Interest Act, which amount of tax shall be equivalent to
the amount of tax which, at the prescribed rate per gallon, should have
been paid with respect to the alcoholic liquors disposed of in excess of
those reported being taxable, with the tax thereon having been paid under
which circumstances the aforesaid notice of tax liability shall be prima
facie correct and shall be prima facie evidence of the correctness of the
amount of tax due as shown therein; and proof of such correctness may be
made in accordance with, and the admissibility of a reproduced copy of such
notice of the Department's notice of tax liability shall be governed by,
all the provisions of this Act applicable to corrected returns.
If the licensee dies or becomes a person under legal disability
at any time before the Department issues its notice of tax liability, such
notice shall be issued to the administrator, executor or other legal
representative, as such, of the deceased or licensee who is under legal
disability.
If such licensee or legal representative, within 60 days after such
notice of tax liability, files a protest to such notice of tax liability
and requests a hearing thereon, the Department shall give at least 7 days'
notice to such licensee or legal representative, as the case may be, of the
time and place fixed for such hearing and shall hold a hearing in
conformity with the provisions of this Act, and pursuant thereto shall
issue a final assessment to such licensee or legal representative for the
amount found to be due as a result of such hearing.
If a protest to the notice of tax liability and a request for a hearing
thereon is not filed within 60 days after such notice of tax liability,
such notice of tax liability shall become final without the necessity of a
final assessment being issued and shall be deemed to be a final assessment.
Notwithstanding any other provisions of this Act, any amount paid as tax or in respect of tax paid under this Act shall be deemed assessed upon the date of receipt of payment. In case of failure to pay the tax, or any portion thereof, or any
penalty provided for herein, when due, the Department may recover the
amount of such tax, or portion thereof, or penalty in a civil action; or if
the licensee dies or becomes a person under legal disability, by filing a
claim therefor against his or her estate; provided that no such claim shall
be filed against the estate of any deceased or of the licensee who is under
legal disability for any tax or penalty or portion thereof except in the
manner prescribed and within the time limited by the Probate Act of 1975,
as amended.
The collection of any such tax and penalty, or either, by any means
provided for herein, shall not be a bar to any prosecution under this Act.
In addition to any other penalty provided for in this Article, all provisions of the Uniform Penalty and Interest Act that are not inconsistent with this Act apply.
(Source: P.A. 103-9, eff. 1-1-24.)
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(235 ILCS 5/8-6) (from Ch. 43, par. 163b)
Sec. 8-6.
The Department, or any officer or employee designated in writing
by the Director thereof, for the purpose of administering and enforcing the
provisions of this Act, may hold investigations and hearings concerning any
matters covered by this Act. In holding or conducting any hearing or
investigation authorized under this Act, the Department or any officer or
employee of the Department designated, in writing, by the Director thereof,
may examine any books, papers, records or memoranda bearing upon the
manufacture, importation, sale or use of alcoholic liquors by any licensee,
and may require the attendance of such licensee or of any officer, agent or
employee of such licensee, or of any person having knowledge of such facts,
and may take testimony and require proof for its information. In the
conduct of any investigation or hearing, neither the Department nor any
officer or employee thereof shall be bound by the technical rules of
evidence, and no informality in any proceeding, or in the manner of taking
testimony, shall invalidate any assessment, order, decision, rule or
regulation made or approved or confirmed by the Department. The Director of
Revenue or any duly designated officer or employee of the Department shall
have power to administer oaths to such persons; and the Department shall
have the power to issue subpoenas and subpoenas duces tecum, and the
Department, or any other party to a proceeding pending before the
Department, may apply to the circuit court to compel the attendance
and testimony of witnesses and
the production of books, papers, records and memoranda, by an attachment for
contempt as provided for such purposes in civil cases.
The Department or any officer or employee thereof, or any party in an
investigation or hearing before the Department, may cause the depositions
of witnesses within the State to be taken in the manner prescribed by law
for like depositions in civil actions in courts of this State, and to that
end compel the attendance of witnesses and the production of books, papers,
records and memoranda.
The books, papers, records and memoranda of the Department, or parts
thereof, may be proved in any hearing, investigation or judicial
proceeding by a reproduced copy thereof under the certificate of the Director
of Revenue. Such reproduced copy shall, without further proof, be admitted into
evidence before the Department or in any judicial proceeding.
(Source: P.A. 83-334.)
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(235 ILCS 5/8-7) (from Ch. 43, par. 163c)
Sec. 8-7.
All hearings provided for in Section 8-5 of
this Act shall be held in the county wherein the licensee has his
principal place of business; provided, that if the licensee does not
have his or her principal place of business in this State, such hearing shall
be held in Sangamon County.
The Circuit Court of the county wherein any hearing is held by the
Department shall have power to review all final administrative decisions
of the Department in administering the provisions of this Act. If the administrative
proceeding which is to be reviewed judicially
is a claim for refund proceeding commenced in accordance with Section 8-3
of this Act and Section 2a of "An Act in relation to the
payment and disposition of moneys received by officers and employees of
the State of Illinois by virtue of their office or employment", approved
June 9, 1911, as amended, the Circuit Court having jurisdiction of the
proceeding for judicial review under this Section and under
the Administrative Review Law, as amended, shall be
the same court that entered the injunction
which is provided
for in Section 2a of "An Act in relation to the payment and
disposition of moneys received by officers and employees of the State of
Illinois by virtue of their office or employment", and which enables
such claim proceeding to be processed and disposed of as a claim for
refund proceeding rather than as a claim for credit proceeding.
The provisions of the Administrative Review Law, and all amendments
and modifications thereof, and the rules adopted pursuant thereto, shall
apply to and govern all proceedings for the judicial review of final
administrative decisions of the Department hereunder. The term
"administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
Service of summons issued in such review proceeding upon the Director
of Revenue or the Assistant Director of Revenue of the Department of
Revenue shall be service upon the Department. The Department shall
certify the record of its proceedings if the licensee shall pay to it
the sum of 75¢ per page of testimony taken before the Department and 25¢
per page of all other matters contained in such record, except that
these charges may be waived where the Department is satisfied that the
aggrieved party is a poor person who cannot afford to pay such charges.
Provided, however, before the delivery of such record to the person
applying for same, the payment therefor shall be made as hereinabove provided, and
in the event of nonpayment for the record as hereinabove provided
within 30 days
after notice that such record is available, the complaint may be
dismissed by the court upon motion of the Department.
No stay order shall be entered by the Circuit Court unless the
plaintiff in the review proceedings shall file with the court a bond
in an amount fixed and approved by the court to indemnify the State
against all loss and injury which may be sustained by it on account of
the review proceedings and to secure all costs which may be occasioned
by such proceedings.
Whenever notice is required by this Act, such notice may be given by
United States registered or certified mail with return receipt
requested, addressed to the person concerned at his or her last known address,
and proof of such mailing shall be sufficient for the purposes of this
Act.
Whenever any proceeding provided by this Act is commenced before the
Department, either by the Department or by a person subject to this Act,
and such person thereafter dies or becomes a person under legal disability
before such
proceeding is concluded, the legal representative of the deceased
or the guardian of the person under legal disability shall notify the
Department of such death or legal disability. The legal representative,
as such, shall then be
substituted by the Department for such person. If the legal
representative fails to notify the Department of his or her appointment as such
legal representative, the Department may, upon its own motion,
substitute such legal representative in the proceeding pending before
the Department for the person who died or became a person under legal
disability.
(Source: P.A. 83-345.)
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(235 ILCS 5/8-8) (from Ch. 43, par. 163d)
Sec. 8-8.
No person shall be excused from testifying or from producing any
books, papers, records or memoranda in any investigation or upon any
hearing, when ordered to do so by the Department or any officer or employee
thereof, upon the ground that the testimony or evidence, documentary or
otherwise, may tend to incriminate him or subject him to a criminal
penalty, but no person shall be prosecuted or subjected to any criminal
penalty for, or on account of, any transaction made or thing concerning
which he may testify or produce evidence, documentary or otherwise, before
the Department or an officer or employee thereof; provided, that such
immunity shall extend only to a natural person who, in obedience to a
subpoena, gives testimony under oath or produces evidence, documentary or
otherwise, under oath. No person so testifying shall be exempt from
prosecution and punishment for perjury committed in so testifying.
(Source: P.A. 82-783.)
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(235 ILCS 5/8-9) (from Ch. 43, par. 163e)
Sec. 8-9. Tax information; confidentiality. All information received by
the Department from returns filed under
this Act, or from any investigation conducted under this Act, shall be
confidential, except for official purposes, and any person who divulges
any such information in any manner, except in accordance with a proper
judicial order or as otherwise provided by law, shall be guilty of a
Class B misdemeanor.
Nothing in this Act prevents the Director of Revenue from publishing
or making available to the public the names and addresses of persons
filing returns under this Act, or reasonable statistics concerning the
operation of the tax by grouping the contents of returns so that the
information in any individual return is not disclosed.
Nothing in this Act prevents the Director of Revenue from divulging
to the United States Government or the government of any other state, or
any officer or agency thereof, for exclusively official purposes,
information received by the Department in administering this Act,
provided that such other governmental agency agrees to divulge requested
tax information to the Department.
The furnishing upon request of information obtained by the Department
from returns filed under this Act or investigations conducted under this
Act to the Illinois Liquor Control Commission for official use is deemed
to be an official purpose within the meaning of this Section.
The furnishing upon request of the Auditor General, or his authorized
agents, for official use, of returns filed and information related
thereto under this Act is deemed to be an official purpose within the
meaning of this Section.
The furnishing of financial information to a home rule unit with a
population in excess of 2,000,000 that has
imposed a tax similar to that imposed by this Act under its home rule powers,
upon request of the Chief Executive of the home rule unit, is an official
purpose within the meaning of this Section, provided the home rule unit agrees
in writing to the requirements of this Section. Information so provided is
subject to all confidentiality provisions of this Section. The written
agreement shall provide for reciprocity, limitations on access, disclosure,
and procedures for requesting information.
Nothing contained in this Act shall prevent the Director from divulging
information to any person pursuant to a request or authorization made by the
taxpayer or by an authorized representative of the taxpayer.
(Source: P.A. 94-1074, eff. 12-26-06.)
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(235 ILCS 5/8-10) (from Ch. 43, par. 164)
Sec. 8-10.
It is the duty of each manufacturer, importing distributor
and foreign importer to keep, at his licensed address or place of business,
complete and accurate records of all sales or other dispositions of
alcoholic liquor, and complete and accurate records of all alcoholic liquor
produced, manufactured, compounded or imported, whether for himself or for
another, together with a physical inventory made as of the close of each
period for which a return is required, covering all alcoholic liquors on
hand. However, the Department of Revenue may grant an importing distributor a waiver to permit such records to be kept at a central business location within the State upon written request by the importing distributor. The central business location shall be located at a licensed importing distributor's premises. The Department of Revenue may in its discretion prescribe reasonable
and uniform methods for keeping such records by manufacturers and importing
distributors and foreign importers.
In case of failure by manufacturers and importing distributors to keep
such records or to make them available to the Department on demand, the
Department shall determine the amount of tax due according to its best
judgment and information, which amount so determined by the Department
shall be prima facie correct, and the Department's notice of tax liability
shall be given, and protest thereto and demand for a hearing may be made
and final assessments arrived at, in accordance with the provisions of
Section 8-5 hereof.
It is the duty of each manufacturer, importing distributor and foreign
importer, who imports alcoholic liquor into the State, and each non-resident
dealer who ships alcoholic liquor into the State, to mail to the
Department one duplicate invoice, together with a bill of lading, covering
such shipment and stating the quantity and, except in the case of alcoholic
liquor imported in bulk to be bottled by an authorized licensee in this
State using his own label and brand, the invoice shall also state the
brand, labels and size of containers.
It is the duty of each manufacturer, importing distributor and foreign
importer, who imports spirits into the State, and each non-resident
dealer who ships spirits into the State, to mail to the State Commission
monthly a report containing a compilation of the information required to
be furnished to the Department by the preceding paragraph, except that
information concerning spirits imported in bulk need not be included. The
report shall include all information mailed to the Department during the
preceding month.
All books and records, which manufacturers, importing distributors,
non-resident dealers and foreign importers are required by this Section to
keep, shall be preserved for a period of 3 years, unless the Department, in
writing, authorizes their destruction or disposal at an earlier date.
(Source: P.A. 98-394, eff. 8-16-13.)
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(235 ILCS 5/8-10.5) Sec. 8-10.5. Beer production quantity reporting. (a) As used in this Section: "Directly" means that a licensed distributor was not used in the transaction. "Final packaging container" means the last vessel in which beer is held before (i) consumption by an individual on the brewer's licensed premises; (ii) being placed in a keg, bottle, or can for consumption by an individual; or (iii) being removed for additional fermentation and aging in a cask or barrel. (b) A brewer who is a class 1 brewer, class 2 brewer, class 3 brewer, or brew pub licensee shall accurately measure the quantity of beer transferred into its final packaging container to determine the brewer's tax liability by converting beer production into the amount of beer sold and to ensure compliance with any production or self-distribution quantity limitations under this Act applicable to the class 1 brewer, class 2 brewer, class 3 brewer, or brew pub. The measurement shall comply with 27 CFR 25.41 and 27 CFR 25.42. Any brewer subject to this Section shall file, on the same date as the brewer files similar reports with the U.S. Department of the Treasury's Tobacco and Alcohol Tax and Trade Bureau, with the Department and State Commission a report of their use of water along with their "Brewer's Report of Operations" filed with the U.S. Department of Treasury's Alcohol and Tobacco Tax and Trade Bureau and shall maintain and produce for examination and inspection by the Department and the State Commission utility bills for water for 3 years along with their "Brewer's Report of Operations" filed with the U.S. Department of Treasury's Alcohol and Tobacco Tax and Trade Bureau. The Department, in cooperation with the State Commission, may audit on an annual basis the amount a class 1 brewer, class 2 brewer, class 3 brewer, or brew pub licensee produces to determine compliance with this Act. (c) A brewer's failure to comply with this Section shall result in the State Commission issuing a fine or suspending or revoking the brewer's license.
(Source: P.A. 102-442, eff. 8-20-21.) |
(235 ILCS 5/8-11) (from Ch. 43, par. 164 1/2)
Sec. 8-11.
Every person licensed as a non-beverage user hereunder
shall keep books and records which shall be available to investigators
and/or auditors of the Department during regular business hours, and
shall retain such books and records at his place of business in Illinois
for a period of not less than three years. Such books and records shall
be so kept as correctly to disclose: (a) the quantity and kind of
alcoholic liquors received, showing the name and address of the party
from whom received and the permit number on which purchased; (b) the
quantity and kind of alcoholic liquors used; (c) the quantity and kind
of alcoholic liquors on hand at the close of each business day; and (d)
the names of products or purposes for which alcoholic liquors are used.
No non-beverage user shall sell, give away or otherwise dispose of
any alcoholic liquor purchased under his license as such non-beverage
user, in any form fit for beverage purposes. Any non-beverage user who
shall violate the provisions of this section shall pay as a penalty to
the Department of Revenue, the sum of $1.50 for each gallon
of alcoholic liquor so diverted, and in addition thereto shall be
subject to the penalties provided in Section 10-1 of this Act.
(Source: P.A. 83-1428.)
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(235 ILCS 5/8-12) (from Ch. 43, par. 164 3/4)
Sec. 8-12.
It shall be the duty of every railroad company, express
company, common or contract carrier, and of every person, firm or
corporation that shall bring, carry or transport alcoholic liquors into
the State of Illinois for delivery in said State or which are delivered
in said State, to prepare and file with the Department of Revenue
for each month, not later than the fifteenth day of the month following that
for which it is made, a report stating therein the name of the company,
carrier, person, firm or corporation making the report, the period of time covered by said report, the name
and business address of each consignor of such alcoholic liquors, the
name and business address of each consignee of such alcoholic liquors,
the kind and quantity of alcoholic liquors delivered to each consignee,
and the date or dates of delivery. Such report shall be made upon forms
prescribed and made available by the Department and shall contain such
other information as may reasonably be required by the Department.
The Department may establish procedures for electronic transmissions of such
information directly to the Department. Such reports or information received
by the Department shall be made available by the Department to the Commission
upon the Commission's request.
In addition to any other reporting requirement imposed under this Section,
reports shall be filed for shipments to end consumers in this State. In
furtherance of this requirement, it shall be the duty of every railroad
company, express company, common or contract carrier, person, firm, or
corporation that brings, carries, or transports alcoholic liquor into Illinois
for delivery in Illinois to prepare and file with the Department for each
month, not later than the fifteenth day of the month following the month during
which the delivery is made, a report containing the name of the company,
carrier, person, firm, or corporation making the report, the period of time
covered by the report, the name and business
address of each consignor of the alcoholic liquor, the name and the address of
each consignee, and the date of delivery. Such reports shall be made upon
forms prescribed and made by the Department and shall contain any other
information that the Department may reasonably require. Such reports or
information received by the Department shall be made available by the
Department to the State Commission upon the State Commission's request.
Every railroad company, express company, common or contract carrier,
person, firm, or corporation filing or required to file a report under this
Section shall deliver and make available to the Department, upon the
Department's request, the records supporting the report, within 30 days of
the request. The books, records, supporting papers and documents containing
information and data relating to such reports shall be kept and
preserved for a period of three years, unless their destruction sooner
is authorized, in writing, by the Director, and shall be open and
available to inspection by the Director of Revenue or the Commission or
any duly
authorized officer, agent or employee of the Department or the Commission,
at all times
during business hours of the day.
Any person who violates any of the provisions of this section or any
of the rules and regulations of the Department for the administration
and enforcement of the provisions of this section is guilty of a Class C
misdemeanor. In case of a continuing violation each day's continuance
thereof shall be a separate and distinct offense.
(Source: P.A. 92-380, eff. 1-1-02.)
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(235 ILCS 5/8-13) (from Ch. 43, par. 165)
Sec. 8-13.
The Department of Revenue may make such reasonable rules and
regulations as may be deemed necessary for the administration of the duties
vested in it by the provisions of this Act.
(Source: P.A. 82-783.)
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(235 ILCS 5/8-14) (from Ch. 43, par. 165a)
Sec. 8-14.
All of the provisions of Sections 5a, 5b, 5c, 5d, 5e, 5f, 5g,
5h, 5i and 5j of the Retailers' Occupation Tax Act and Section 3-7 of the
Uniform Penalty and Interest Act, are by reference incorporated in and
made a part of this Article VIII as fully as though written herein;
provided that wherever in those Sections of the Retailers' Occupation Tax
Act, reference is made to a "retailer" such reference shall, for the
purposes of this Article, be deemed to refer to a licensee under this Act.
(Source: P.A. 87-205.)
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(235 ILCS 5/Art. IX heading) ARTICLE IX.
LOCAL REFERENDUM
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(235 ILCS 5/9-1) (from Ch. 43, par. 166)
Sec. 9-1.
The words and phrases defined in this section and used in
this Article, unless inconsistent with the context, shall be construed
as follows:
"Precinct" means any part of a city, village or incorporated town of
over 200,000 population which was a "voting precinct" or an "election
precinct" for voting at the last general election.
"Political subdivision" means a township, road district, city,
village or incorporated town, as the case may be.
"Legal voter", insofar as the signing of a petition for a local
option election is concerned, means a person who is registered to vote at
the address shown opposite his signature on the petition or was registered
to vote at such address when he signed the petition.
"Annexed area" means a territory which has attached to and become a
part of a different political subdivision or precinct. The term shall be
an appropriate designation only until the area to which it attaches
holds a referendum hereunder.
"Disconnected area" means a territory which has detached or separated
from a political subdivision or precinct.
"Licensed establishment" means the premises specified in a retailer's
license pursuant to paragraph (d) of Section 5-1 and whose primary business
is the sale of alcoholic beverages on the premises, which premises are
located in any municipality having more than 2,000,000 inhabitants.
In the phrase, "Shall the sale at retail of alcoholic liquor (or
alcoholic liquor other than beer containing not more than 4% of alcohol
by weight) (or alcoholic liquor containing more than 4% of alcohol by
weight except in the original package and not for consumption on the
premises) be prohibited in (or at) ....?" the proper name, whether of a
"township", "road district", "precinct", "city", "village" or
"incorporated town", or the street address of the licensed
establishment, shall be understood to be inserted in the blank, and
the same shall be inserted in the petitions filed by and the ballots
prepared for the voters of any precinct, township, road district, city,
village or incorporated town.
"Clerk", with reference to cities, villages and incorporated towns,
and precinct situated therein, means the town, city or village clerk, as
the case may be; with reference to cities, villages and incorporated
towns which have by ordinance created a Board of Election Commissioners,
it means the Board of Election Commissioners; with reference to road
districts in counties not under township organization, it means the road
district clerk; with reference to townships or parts of townships lying
outside of cities, villages and incorporated towns in counties under
township organization, it means the township clerk.
"Election" as used in reference to cities, villages and incorporated
towns, means an election at a time fixed by the general election law for
choosing city, village or incorporated town officers. "Election" also means
an election at a time fixed by the general election law for choosing
county, township or road district officers.
In case an election is to be held for officers of the city, village,
incorporated town, township, or road district to which a proposition
requested pursuant to this Article shall be submitted, or for the
election of officers of a township or road district in which it is
requested that such proposition be submitted to that part of a township
or road district lying outside the corporate limits of a city, village
or incorporated town, not less than 90 days nor more than 6 months
following the filing of such petition, then the words "next ensuing
election" as used herein shall mean the next ensuing election for
officers of such city, village, incorporated town, township or road
district, regardless of any intervening elections at which residents of
such city, village, incorporated town, township or road district may vote.
(Source: P.A. 86-861; 87-347.)
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(235 ILCS 5/9-2) (from Ch. 43, par. 167)
Sec. 9-2.
When any legal voters of a precinct in any city, village or
incorporated town of more than 200,000 inhabitants, as determined by the
last preceding Federal census, desire to pass upon the question of
whether the sale at retail of alcoholic liquor shall be prohibited in
the precinct or at a particular street address
within the
precinct, they shall, at least 104 days before an election, file in
the office of the clerk of such city, village or incorporated town, a
petition directed to the clerk, containing the signatures of not less
than 25% of the legal voters registered with the board of election
commissioners or county clerk, as the case may be, from the precinct.
Provided, however, that when the petition seeks to prohibit the sale at
retail of alcoholic liquor at a particular street address of a licensed
establishment within
the precinct the petition shall contain the signatures of not less than 40%
of the legal voters requested from that precinct.
The petition shall request that the proposition "Shall the sale at
retail of alcoholic liquor be prohibited in (or at) ....?" be submitted to the
voters of the precinct at the next ensuing election at which such
proposition may be voted upon. The submission of the question to the
voters of such precinct at such election shall be mandatory when the
petition has been filed in proper form with the clerk. If more than one
set of petitions are presented to the clerk for submission at the same
election, the petition
presented first shall be given
preference; however, the clerk shall provisionally accept any other set of petitions setting forth the same (or
substantially the same) proposition. If the first set of petitions for a
proposition is found to be in proper form and is not found to be invalid, it
shall be accepted by the clerk and all provisionally accepted sets of
petitions setting forth the same (or substantially the same) proposition shall
be rejected by the clerk. If the first set of petitions for a proposition is
found not to be in proper form or is found to be invalid, the clerk shall (i)
reject the first set of
petitions, (ii) accept the first provisionally accepted set of petitions that
is in proper form and is not found to be invalid, and (iii) reject all other
provisionally accepted sets of
petitions setting forth the same (or substantially the same) proposition.
Notice of the filing of the petition
and the result of the election shall be given to the Secretary of State
at his offices in both, Chicago and Springfield, Illinois. A return of
the result of the election shall be made to the clerk of the city,
village or incorporated town in which the precinct is located. If a
majority of the voters voting upon such proposition vote "YES", the sale
at retail of alcoholic liquor shall be prohibited in the precinct or at
the street address.
If the sale at retail of alcoholic liquor at a particular street address is prohibited pursuant to this Section, the license for any
establishment at that street address shall be void, and no person may apply
for a license for the
sale at retail of alcoholic liquor at an establishment at that
street address unless such
prohibition is discontinued pursuant to Section 9-10.
In cities, villages and incorporated towns of 200,000 or less
population, as determined by the last preceding Federal census, the vote
upon the question of prohibiting the sale at retail of alcoholic liquor,
or alcoholic liquor other than beer containing not more than 4% of
alcohol by volume, or alcoholic liquor containing more than 4% of
alcohol by weight in the original package and not for consumption on the
premises, shall be by the voters of the political subdivision as a unit.
When any legal voters of such a city, village or incorporated town
desire to pass upon the question of whether the sale at retail of
alcoholic liquor shall be prohibited in the municipality, they shall, at
least 104 days before an election, file in the office of the clerk of the
municipality, a petition directed to the clerk, containing the
signatures of not less than 25% of the legal voters registered with the
board of election commissioners or county clerk, as the case may be,
from the municipality.
The petition shall request that the proposition,
"Shall the sale at retail of alcoholic liquor be prohibited in....?" be
submitted to the voters of the municipality at the next ensuing election
at which the proposition may be voted upon. The submission of the
question to the voters of the municipality at such election shall be
mandatory when the petition has been filed in proper form with the
clerk. If more than one set of petitions are presented to the clerk for
submission at the same election, setting forth the same or different
propositions, the petition presented first shall be given preference and
the clerk shall refuse to accept any other set of petitions. Notice of
the filing of the petition and the result of the election shall be given
to the Secretary of State at his offices in both Chicago and
Springfield, Illinois. A return of the result of the election shall be
made to the clerk of the city, village or incorporated town. If a
majority of the voters voting upon the proposition vote "Yes", the sale
at retail of alcoholic liquor shall be prohibited in the municipality.
In the event a municipality does not vote to prohibit the sale at
retail of alcoholic liquor, the council or governing body shall
ascertain and determine what portions of the municipality are
predominantly residence districts. No license permitting the sale of
alcoholic liquors shall be issued by the local liquor commissioner or
licensing officer permitting the sale of alcoholic liquors at any place
within the residence district so determined, unless the owner or owners
of at least two-thirds of the frontage, 200 feet in each direction along
the street and streets adjacent to the place of business for which a
license is sought, file with the local liquor commissioner or licensing
officer, his or their written consent to the use of such place for the
sale of alcoholic liquors.
In each township or road district lying outside the corporate limits
of a city, village or incorporated town, or in a part of a township or
road district lying partly within and partly outside a city, village or
incorporated town, the vote of such township, road district or part
thereof, shall be as a unit. When any legal voters of any such township,
or part thereof, in counties under township organization, or any legal
voters of such road district or part thereof, in counties not under
township organization, desire to vote upon the proposition as to whether
the sale at retail of alcoholic liquor shall be prohibited in such
township or road district or part thereof, they shall, at least 90 days
before an election, file in the office of the township or road district
clerk, of the township or road district within which the election is to
be held, a petition directed to the clerk and containing the signatures
of not less than 25% of the legal voters registered with the county
clerk from such township or road district or part thereof.
The submission of the question to the voters of the township, road district
or part thereof, at the next ensuing election shall be mandatory when
the petition has been filed in proper form with the clerk. If more than
one set of petitions are presented to the clerk for submission at the
same election, setting forth the same or different propositions, the
petition presented first shall be given preference and the clerk shall
refuse to accept any other set of petitions. A return of the result of
such election shall be made to the clerk of the township or road
district in which the territory is situated, and shall also be made to
the Secretary of State at his offices in both Chicago and Springfield,
Illinois.
(Source: P.A. 96-1008, eff. 7-6-10.)
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(235 ILCS 5/9-2a) (from Ch. 43, par. 167a)
Sec. 9-2a.
Sports Facilities.
Any vote under this Article, whenever
held, to prohibit sales at retail of alcoholic liquor (or alcoholic liquor
other than liquor containing not more than 4% of alcohol by weight) in a
precinct in a city, village or incorporated town of more than 200,000
inhabitants shall not apply to such sales at any new sports facility owned by
any unit of local government and constructed after July 7, 1988, or at
any new stadium described in subsection (a) of Section
10-215 of the Property Tax Code, or to a
sports stadium having more than 15,000 but less than 50,000 seats in any
municipality having more than 2,000,000 inhabitants, and such sales shall not
be prohibited pursuant to any vote of the legal voters in such a precinct. It
is declared to be the law of this State, pursuant to subsections (h) and (i) of
Section 6 of Article VII of the Illinois Constitution of 1970 that the
power to determine the application of any local referendum with respect to
sales of alcoholic liquors as provided herein is an exercise of exclusive
State power and may not be exercised concurrently by any unit of local
government, including home rule units.
(Source: P.A. 88-670, eff. 12-2-94.)
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(235 ILCS 5/9-2b)
Sec. 9-2b. (Repealed).
(Source: P.A. 93-996, eff. 8-23-04. Repealed by P.A. 94-282, eff. 7-21-05.)
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(235 ILCS 5/9-2c) Sec. 9-2c. Museum of Science and Industry. Any vote under this Article, whenever held, to prohibit sales at retail of alcoholic liquor (or alcoholic liquor other than liquor containing not more than 4% of alcohol by weight) in a precinct in a city, village, or incorporated town of more than 200,000 inhabitants shall not apply to such sales at the Museum of Science and Industry in Chicago.
(Source: P.A. 98-592, eff. 11-15-13.) |
(235 ILCS 5/9-2d) Sec. 9-2d. Private institution of higher learning. Any vote under this Article, whenever held, to prohibit sales at retail of alcoholic liquor (or alcoholic liquor other than beer containing not more than 4% of alcohol by weight or alcoholic liquor containing more than 4% alcohol by
weight in the original package and not for consumption on the premises) in a precinct in a city, village, or incorporated town of more than 200,000 inhabitants shall not apply to retail sales of alcoholic liquor if: (1) the alcoholic liquor is sold on property owned | ||
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(2) the alcoholic liquor is sold by a private | ||
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(3) the person conducting the retail sale of | ||
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(4) the sale of alcoholic liquor is not the | ||
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(Source: P.A. 101-156, eff. 1-1-20.) |
(235 ILCS 5/9-3) (from Ch. 43, par. 168)
Sec. 9-3.
A vote under the provisions of this Act, shall become
operative on the 30th day after the day of the election at which
such vote is cast.
(Source: P.A. 82-783.)
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(235 ILCS 5/9-4) (from Ch. 43, par. 169)
Sec. 9-4.
A petition for submission of the proposition shall be in
substantially the following form:
To the .... clerk of the (here insert the corporate or legal name of
the county, township, road district, city, village or incorporated
town):
The undersigned, residents and legal voters of the .... (insert the
legal name or correct designation of the political subdivision or
precinct, as the case may be), respectfully petition that you cause to
be submitted, in the manner provided by law, to the voters thereof, at
the next election, the proposition "Shall the sale at retail of
alcoholic liquor (or alcoholic liquor other than beer containing not
more than 4% of alcohol by weight) (or alcoholic liquor containing more
than 4% of alcohol by weight except in the original package and not for
consumption on the premises) be prohibited in this .... (or at the
following address ....)?"
Name of P. O. address Description of precinct Date of signer (including township, road district signing street no., or part thereof, as of if any). the last general election
A petition for a proposition to be submitted to the voters of a precinct
shall also contain in plain and nonlegal language a description of the
precinct to which the proposition is to be submitted at the election.
The description shall describe the territory of the precinct by reference
to streets, natural or artificial landmarks, addresses, or by any other
method which would enable a voter signing such petition to be informed of
the territory of the precinct. Each such petition for a precinct
referendum shall also contain a list of the names and addresses of all
licensees in the precinct.
Such petition shall conform to the requirements of the general election
law, as to form and signature requirements. The circulator's statement
shall include an attestation of: (1) that none of the signatures on this
petition sheet were signed more than 4 months before the filing of this
petition, or (2) the dates on which the petitioners signed the petition,
and shall be sworn to before an officer residing in the county where such
legal voters reside and authorized to administer oaths therein. No
signature shall be revoked except by a revocation filed within 20 days from
the filing of the petition with the clerk with whom the petition is
required to be filed. Upon request of any citizen for a photostatic copy of
the petition and paying or tendering to the clerk the costs of making the
photostatic copy, the clerk shall immediately make, or cause to be made a
photostatic copy of such petition. The clerk shall also deliver to such
person, his official certification that such copy is a true copy of the
original, stating the day when such original was filed in his office. Any
5 legal voters or any affected licensee of any political subdivision,
district or precinct in which a proposed election is about to be held as
provided for in this Act, within any time up to 72 days immediately prior
to the date of such proposed election and upon filing a bond for costs, may
contest the validity of the petitions for such election by filing a
verified petition in the Circuit Court for the county in which the
political subdivision, district or precinct is situated, setting forth
the grounds for contesting the validity of such petitions. Upon the
filing of the petition, a summons shall be issued by the Court,
addressed to the appropriate city, village, town, township or road
district clerk, notifying the clerk of the filing of the petition and
directing him to appear before the Court on behalf of the political
subdivision or district at the time named in the summons; provided, the
time shall not be less than 5 days nor more than 15 days after the
filing of the petition. The procedure in these cases, as far as may be
applicable, shall be the same as that provided for the objections to
petitions in the general election law. Any legal voter in the political
subdivision or precinct in which such election is to be held may appear in
person or by counsel, in any such contest to defend or oppose the validity
of the petition for election.
The municipal, town or road district clerk shall certify the proposition
to be submitted at the election to the appropriate election officials, in
accordance with the general election law, unless the petition has been
determined to be invalid. If the court determines the petitions to be
invalid subsequent to the certification by the clerk, the court's order
shall be transmitted to the election officials and shall nullify such
certification.
(Source: P.A. 96-1008, eff. 7-6-10.)
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(235 ILCS 5/9-5) (from Ch. 43, par. 170)
Sec. 9-5.
The appropriate election officials to whom the proposition has
been certified shall cause notice to be given in the manner provided by
the general election law of the submission of said proposition
at the next election to the voters of the political subdivision or
precinct entitled to vote thereon. Publication of the submission of such
proposition to the voters of such political subdivision or precinct
shall likewise be made in the manner provided by the general election
law; provided, the
failure of the election officials to cause such notice to be
given, or the failure to
make publication of the submission of the proposition, shall not affect
the validity or binding force of the vote upon the proposition.
(Source: P.A. 82-783.)
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(235 ILCS 5/9-6) (from Ch. 43, par. 171)
Sec. 9-6.
The
proposition shall be in substantially the following form:
Shall the sale at retail ofalcoholic liquor (or alcoholicliquor other than beer containing YESnot more than 4% of alcohol byweight) (or alcoholic liquor containing more than 4% alcohol byweight in the original packageand not for consumption on the NOpremises) be prohibited in (or at) ....?
In a precinct referendum, the proposition ballot shall also contain a common
description of the precinct in plain
and nonlegal language,
which may be prepared by the election official or adopted from the description
on the petition, unless the election official responsible for conducting the
election determines that a description cannot be included within the space
limitations on the ballot to be used in the election. If the description
is not to be included on the ballot, the election officials
shall prepare large printed
copies of the description of the precinct together with a notice of the
proposition which shall be prominently displayed in the precinct polling
place at the election.
(Source: P.A. 86-861.)
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(235 ILCS 5/9-7) (from Ch. 43, par. 172)
Sec. 9-7.
The clerk shall record in a well bound book, to be kept in his
office by himself and his successor, the result of the vote upon the
proposition. The result of the vote may be proved in all courts and in all
proceedings by this record or by the official certification of the clerk.
In cases where the record or certification shows that a majority of the
voters voting upon the proposition voted "YES", the record or certification
shall be prima facie evidence that the sale at retail of alcoholic liquor
or the sale at retail of alcoholic liquor other than beer containing not
more than 4% of alcohol by weight or the sale at retail of alcoholic liquor
containing more than 4% of alcohol by weight except in the original package
and not for consumption on the premises, as the case may be, is prohibited
in the political subdivision or precinct or at the licensed
establishment to which such vote was applicable.
(Source: P.A. 86-861.)
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(235 ILCS 5/9-8) (from Ch. 43, par. 173)
Sec. 9-8.
The status of all the territory within any political subdivision
or precinct, relative to the sale at retail of alcoholic liquor, or the sale
at retail of alcoholic liquor other than beer containing not more than 4%
of alcohol by weight, or the sale at retail of alcoholic liquor containing
more than 4% of alcohol by weight except in the original package and not
for consumption on the premises, as the case may be, shall remain the same,
notwithstanding any change which may be made in the limits of any such
political subdivision or precinct until the voters thereof have changed
such status as to annexed or disconnected areas under the provisions of
Section 9-9 of this Article, or until the voters have changed such status
for areas other than annexed or disconnected areas under the provisions of
Section 9-2 or Section 9-10.
(Source: P.A. 84-716.)
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(235 ILCS 5/9-9) (from Ch. 43, par. 173.1)
Sec. 9-9.
The status of an annexed area or disconnected area, relative
to the sale at retail of alcoholic liquor pursuant to Section 9-8, shall
remain the same until changed in accordance with the following
provisions:
(a) Upon the filing, in the office of the clerk of the political
subdivision or precinct of which the annexed area or disconnected area
becomes a part, of a petition directed to such clerk, containing the
signatures of not less than 25% of the legal voters residing in such
annexed or disconnected area, to submit to the voters thereof the
proposition to continue its current status, the clerk shall certify that
proposition to the proper election officials, who shall submit the proposition
to the voters of the annexed or disconnected area at an election in accordance
with the general election law. The petition shall be supported by an affidavit
made by one or more of the petitioners and stating that the signatures
represent not less than 25% of the legal voters residing in the annexed or
disconnected area. The provisions in Sections 9-1, 9-2, 9-4, 9-5, 9-6 and 9-7
shall apply except where they conflict with this Section, in which event the
provisions of this Section shall control. If a majority of the voters voting
upon such proposition in any such annexed or disconnected area vote "NO", the
current status shall cease in that area; or
(b) Upon the filing in the office of the clerk of the political
subdivision of which the annexed area or disconnected area becomes a
part of a petition directed to such clerk containing the signatures of
not less than 66 2/3% of all the legal voters residing in the annexed or
disconnected area to change the status in that annexed or disconnected
area relative to the sale at retail of alcoholic liquor by either:
(1) discontinuing any existing prohibition, or
(2) prohibiting the sale at retail of alcoholic | ||
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(3) prohibiting the sale at retail of alcoholic | ||
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(4) prohibiting the sale at retail of alcoholic | ||
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The requirement of Section 9-4 regarding verification of a petition shall
apply to this petition. Thirty days following the filing of such petition, the
requested status, as specified in such petition, shall become effective in the
annexed or disconnected area, unless within the 30 day period, written verified
objections by a voter residing in the annexed or disconnected area are filed
with the clerk. The objections shall be limited to an attack upon the validity
of the petition and its execution. In such event, the clerk shall forthwith
submit to the Circuit Court for the county in which the area is located, the
petition and objections thereto. A hearing shall be held thereon within 30 days
after the petition and objections are filed with the court. If the court finds
that the petition is valid and properly executed, the court shall enter an
order finding that the petition is valid. Thereupon, the requested status shall
be effective. If the court finds that the petition is not valid, the petition
shall be dismissed.
(c) A vote under subsection (a) above or the filing of a valid petition
under subsection (b) above shall bar further proceedings under this Section for
47 months thereafter.
(Source: P.A. 82-783.)
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(235 ILCS 5/9-10) (from Ch. 43, par. 174)
Sec. 9-10.
Upon the filing in the office of the clerk, at least 90 days
before an election in any political subdivision or precinct, as the case
may be, of a petition directed to such clerk, containing the signatures
of not less than 25% or 40% of the legal voters of the territory which has
prohibited the sale at retail of alcoholic liquor or the sale at retail
of alcoholic liquor other than beer containing not more than 4% of
alcohol by weight or the sale at retail of alcoholic liquor containing
more than 4% of alcohol by weight except in the original package and not
for consumption on the premises, or a petition directed to such clerk
containing the signatures of not less than 25% of the legal voters of a
municipality within which such territory is located, to submit
to the voters thereof the proposition to continue such prohibition, the
clerk shall certify such proposition to the proper election officials, who
shall submit the proposition at such election to the voters of such
political subdivision or precinct. Where such proposition is submitted
pursuant to a petition signed by not less than 25% of the legal
voters of a municipality within which such
territory is located, the legal voters of the entire municipality may vote
on the proposition. For the purposes of this Section, the
number of legal voters shall be computed upon the same basis as is provided
in Section 9-2 for the filing of a petition for referendum on the question
of whether the sale at retail of alcoholic liquor shall be prohibited.
So far as applicable, the provisions of Sections 9-1, 9-4, 9-5, 9-6 and 9-7
shall apply. The proposition shall be in the following form:
Shall the prohibition of the saleat retail of alcoholic liquor (oralcoholic liquor other than beer YEScontaining not more than 4% ofalcohol by weight) or (alcoholic liquor containing more than 4% ofalcohol by weight in the original NOpackage and not for consumptionon the premises) be continuedin (or at) .................?
In a precinct referendum, the referendum ballot shall also contain a common
description of the precinct in plain and
nonlegal language, which may be prepared by the election official or
adopted from the description on the petition, unless the election official
responsible for conducting the election determines that a description
cannot be included within the space limitations on the ballots to be used
in the election. If the description is not to be included on the ballot,
the clerk shall prepare large printed copies of the description of the
precinct together with a notice of the proposition which shall be
prominently displayed in the precinct polling place at the election. If a
majority of the voters voting upon such last mentioned proposition in any
such political subdivision or precinct vote "NO", such prohibition shall
cease in such political subdivision or precinct or at the applicable
licensed establishment; and where such political subdivision or precinct
is a city, village or incorporated town situated wholly or partly within
the boundaries of a township or road district having a similar prohibition,
a majority vote of the voters voting "NO" upon such proposition as above
described will result in the prohibition ceasing in that part of the
township or road district situated within such city, village or
incorporated town. In the event the boundaries of such political
subdivision or precinct have been altered or the numbers of any precincts
have been changed subsequent to the original election making the territory
prohibited territory and prior to the filing of such petition for
resubmission of the question, only those voters actually residing in the
prohibited territory shall be eligible as signers of such resubmission
petition, except that this limitation shall not apply in the case of a
resubmission petition signed by at least 25% of the legal voters
of a municipality in which the prohibited territory is located. The
petition mentioned in this Section shall be a public document and shall be
subject to inspection by the public.
(Source: P.A. 86-861.)
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(235 ILCS 5/9-10.1) (from Ch. 43, par. 174.1)
Sec. 9-10.1.
In the event a home rule municipality, as set forth in Article
VII of the Illinois Constitution, changes the status of the municipality
by ordinance so as to allow the sale at retail of alcoholic liquor in a
municipality which has previously prohibited such sale pursuant to local
referendum, such sale may be continued in that municipality even though
it subsequently ceases to be a home rule municipality. The prohibition against
the sale at retail of alcoholic beverages in such a municipality may thereafter
be reinstated pursuant to Section 9-2 or by subsequent ordinance of the municipality.
(Source: P.A. 83-736.)
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(235 ILCS 5/9-11) (from Ch. 43, par. 175)
Sec. 9-11.
A vote under the provisions of this Act in and
for any political subdivision or precinct or licensed establishment
upon the proposition to prohibit the sale at retail
of alcoholic liquor or to prohibit the sale at retail of alcoholic liquor
other than beer containing not more than 4% of alcohol by weight or to
prohibit the sale at retail of alcoholic liquor containing more than 4% of
alcohol by weight except in the original package and not for consumption on
the premises or in and for any political subdivision or precinct upon the
proposition to continue any of such prohibitions shall be a bar to the
submission to the voters thereof of any of such propositions as applied to
all or any part of that political subdivision or precinct for 47 months
thereafter.
(Source: P.A. 86-861.)
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(235 ILCS 5/9-12) (from Ch. 43, par. 175.1)
Sec. 9-12.
Within 10 days after the filing of any petition under this
Article, the official with whom the petition is filed shall prepare the report hereinafter prescribed. One copy shall be kept
on file in the official's office, and he shall, by registered mail, send
two copies to the Secretary of State, one copy to the county clerk and
one copy to the person who filed the petition.
The official shall make such report substantially in the following form:
Report of filing of petition for local option election to be held on
.... in .... (name of precinct, etc.).
Date of filing ....
By whom filed ....
Number of signers ....
Proposal(s) to be voted upon ....
.... (Official)
Immediately upon completion of the canvass of any local option
election, the official shall prepare a report of the
election result as hereinafter prescribed, shall keep one copy on
file in his office , and, within 10 days after the canvass, shall, by
registered mail, send two copies to the Secretary of State and one copy
to the county clerk. The report shall be substantially as follows:
Report of local option election held on .... in .... (name of
precinct, etc.) upon the following proposal(s) ....
Number voting "YES" ....
Number voting "NO" ....
.... (Official)
The official shall sign each copy of every report required by this
Section.
The Secretary of State and the county clerk shall keep on file in
their offices, available for inspection, any report received by him
pursuant to this Section.
(Source: P.A. 103-363, eff. 7-28-23.)
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(235 ILCS 5/9-13) (from Ch. 43, par. 176)
Sec. 9-13.
It is unlawful to sell alcoholic liquor at retail
or to grant or
issue, or cause to be granted or issued, any license to sell alcoholic
liquor at retail within the limits of any political subdivision or precinct
or at any premises
while the prohibition against such sales is in effect, or to sell at retail
alcoholic liquor other than beer containing not more than 4% of alcohol by
weight, or to grant or issue or cause to be granted any license to sell
such alcoholic liquor at retail within the limits of such political
subdivision or precinct while the prohibition against such sales is in
effect, or to sell at retail alcoholic liquor containing more than 4% of
alcohol by weight except in the original package and not for consumption on
the premises, or to grant or issue or cause to be granted or issued any
license to sell such alcoholic liquor at retail within the limits of such
political subdivision or precinct while the prohibition against such sales
is in effect. If any such license be granted or issued in violation of this
section, the license shall be void. This section shall not prohibit the
issuance of and operation under a manufacturer's or distributor's or
importing distributor's license in accordance with law.
(Source: P.A. 86-861.)
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(235 ILCS 5/9-14) (from Ch. 43, par. 177)
Sec. 9-14.
The giving away or delivery of any alcoholic liquor for the
purpose of evading any provision of this Article, or the taking of orders
or the making of agreements, at or within any political subdivision or
precinct or at any premises while such sales are prohibited, for the
sale or delivery of any
alcoholic liquor, or other shift or device to evade any provision of this
Act, shall constitute an unlawful selling.
(Source: P.A. 86-861.)
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(235 ILCS 5/9-15) (from Ch. 43, par. 178)
Sec. 9-15.
All places where alcoholic liquor is sold in violation of any
provision of this Article shall be taken and held and are declared to be
common nuisances and may be abated as such.
(Source: P.A. 82-783.)
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(235 ILCS 5/9-16) (from Ch. 43, par. 179)
Sec. 9-16.
Any clerk, judge of election, police officer or
other officer of
the law, who shall refuse or neglect or fail to discharge any duty imposed
by this Article, and any one who signs a petition provided for in this
Article, knowing he is not qualified to do so, or who files with the clerk
any such petition or any sheet or other part thereof knowing that it
contains the signature of a person not qualified to sign the same, or who
receives, requests or demands or gives, offers or promises any reward for
the signing or the refraining from signing of any such petition, or who by
treating or giving alcoholic liquor or anything else, or by threats to
injure another in person or property, or by betting or other device, either
directly or indirectly influences or attempts to influence anyone to sign
or refrain from signing any such petition, shall be guilty of a violation
of this Article and punishable therefor.
(Source: P.A. 82-783.)
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(235 ILCS 5/9-17) (from Ch. 43, par. 180)
Sec. 9-17.
In all prosecutions under this Article, it shall not be necessary
to state the kind of liquor sold; nor to describe the place where sold; nor
to show the knowledge of the principal to convict for the acts of any agent
or servant; nor to state the name of any person to whom liquor is sold; nor
to set forth the facts showing that the required number of legal voters
petitioned for the submission to the voters of said proposition, nor that a
majority of the voters voting upon such proposition voted "YES", but it
shall be sufficient to state that the act complained of took place in a
territory where such sales were prohibited.
(Source: P.A. 84-551.)
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(235 ILCS 5/9-18) (from Ch. 43, par. 181)
Sec. 9-18.
Nothing in this Article shall be construed to forbid or prevent
the sale of alcoholic liquor according to the terms of a license
theretofore regularly issued in good faith according to law until after the
final disposition of the case wherein an election result, indicating that
the sale of alcoholic liquor is prohibited, is contested. Any portion of a
license fee which shall have been paid and which represents the unexpired
period for which the license was issued after the sale at retail of
alcoholic liquor has been prohibited in a political subdivision or precinct
in which the premises described in such license is located shall be
refunded. Nothing in this Article shall be construed to forbid or prevent
the sale of alcoholic liquor by a railroad licensee on trains passing
through prohibited territory.
(Source: P.A. 82-783.)
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(235 ILCS 5/9-19) (from Ch. 43, par. 182)
Sec. 9-19.
Any 5 legal voters of any political subdivision or precinct
in which an election has been held as provided for in this Act, may
within 10 days after the canvass of the returns of such election and
upon filing a bond for costs, contest the validity of such election by
filing a verified petition in the Circuit Court for the county in which
such political subdivision or precinct is situated, setting forth the
grounds for the contest. Upon the filing of such petition a summons
shall forthwith issue from such court addressed to the election official
who conducted the election, notifying the
official of the filing of such petition and directing him to appear before
the court at the
time named in the summons; provided, the time shall be not less than 5
nor more than 15 days after the filing of such petition. The procedure
in such cases, as far as applicable, shall be the same as that provided
in the general election law. Any registered voter in the political
subdivision or precinct in which the election has been held may appear
in person, or by counsel, in any such contest to defend or oppose the
validity of the election.
(Source: P.A. 82-783.)
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(235 ILCS 5/Art. X heading) ARTICLE X.
VIOLATIONS, PENALTIES, SEARCHES AND SEIZURES
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(235 ILCS 5/10-1) (from Ch. 43, par. 183)
Sec. 10-1. Violations; penalties. Whereas a substantial threat
to the sound and careful control, regulation, and taxation of the
manufacture, sale, and distribution of alcoholic liquors exists by virtue
of individuals who manufacture,
import, distribute, or sell alcoholic liquors within the State without
having first obtained a valid license to do so, and whereas such threat is
especially serious along the borders of this State, and whereas such threat
requires immediate correction by this Act, by active investigation and
prosecution by the State Commission, law enforcement officials, and prosecutors, and by prompt and
strict enforcement through the courts of this State to punish violators and
to deter such conduct in the future:
(a) Any person who manufactures, imports
for distribution or use, transports from outside this State into this State, or distributes or sells 108 liters (28.53 gallons) or more of wine, 45 liters (11.88 gallons) or more of distilled spirits, or 118 liters (31.17 gallons) or more of beer at any
place within the State without having first obtained a valid license to do
so under the provisions of this Act shall be guilty of a Class 4 felony for each offense. However, any person who was duly licensed under this Act and whose license expired within 30 days prior to a violation shall be guilty of a business offense and fined not more than $1,000 for the first such offense and shall be guilty of a Class 4 felony for each subsequent offense.
Any person who manufactures, imports for distribution, transports from outside this State into this State for sale or resale in this State, or distributes or sells less than 108 liters (28.53 gallons) of wine, less than 45 liters (11.88 gallons) of distilled spirits, or less than 118 liters (31.17 gallons) of beer at any place within the State without having first obtained a valid license to do so under the provisions of this Act shall be guilty of a business offense and fined not more than $1,000 for the first such offense and shall be guilty of a Class 4 felony for each subsequent offense. This subsection does not apply to a motor carrier or freight forwarder, as defined in Section 13102 of Title 49 of the United States Code, an air carrier, as defined in Section 40102 of Title 49 of the United States Code, or a rail carrier, as defined in Section 10102 of Title 49 of the United States Code. Any person who: (1) has been issued an initial cease and desist notice from the State Commission; and (2) for compensation, does any of the following: (i) ships alcoholic liquor into this State without a license authorized by Section 5-1 issued by the State Commission or in violation of that license; or (ii) manufactures, imports for distribution, transports from outside this State into this State for sale or resale in this State, or distributes or sells alcoholic liquors at any place without having first obtained a valid license to do so is guilty of a Class 4 felony for each offense. (b) (1) Any retailer, caterer retailer, brew pub, special event retailer, special use permit holder, homebrewer special event permit holder, or craft distiller tasting permit holder who knowingly causes alcoholic liquors to be imported directly into the State of Illinois from outside of the State for the purpose of furnishing, giving, or selling to another, except when having received the product from a duly licensed distributor or importing distributor, shall have his license suspended for 30 days for
the first offense and for the second offense, shall have his license
revoked by the Commission.
(2) In the event the State Commission receives a certified copy of a final order
from a foreign jurisdiction that an Illinois retail licensee has been found to
have violated that foreign jurisdiction's laws, rules, or regulations
concerning the importation of alcoholic liquor into that foreign jurisdiction,
the violation may be grounds for the State Commission to revoke, suspend, or refuse
to
issue or renew a license, to impose a fine, or to take any additional action
provided by this Act with respect to the Illinois retail license or licensee.
Any such action on the part of the State Commission shall be in accordance with this
Act and implementing rules.
For the purposes of paragraph (2): (i) "foreign jurisdiction" means a
state, territory, or possession of the United States, the District of Columbia,
or the Commonwealth of Puerto Rico, and (ii) "final order" means an order or
judgment of a court or administrative body that determines the rights of the
parties respecting the subject matter of the proceeding, that remains in full
force and effect, and from which no appeal can be taken.
(c) Any person who shall make any false statement or otherwise
violates any of the provisions of this Act in obtaining any license
hereunder, or who having obtained a license hereunder shall violate any
of the provisions of this Act with respect to the manufacture,
possession, distribution or sale of alcoholic liquor, or with respect to
the maintenance of the licensed premises, or shall violate any other
provision of this Act, shall for a first offense be guilty of a petty
offense and fined not more than $500, and for a second or subsequent
offense shall be guilty of a Class B misdemeanor.
(c-5) Any owner of an establishment that serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol, who knowingly fails to prohibit concealed firearms on its premises or who knowingly makes a false statement or record to avoid the prohibition of concealed firearms on its premises under the Firearm Concealed Carry Act shall be guilty of a business offense with a fine up to $5,000. (d) Each day any person engages in business as a manufacturer,
foreign importer, importing distributor, distributor or retailer in
violation of the provisions of this Act shall constitute a separate offense.
(e) Any person, under the age of 21 years who, for the purpose
of buying, accepting or receiving alcoholic liquor from a
licensee, represents that he is 21 years of age or over shall be guilty
of a Class A misdemeanor.
(f) In addition to the penalties herein provided, any person
licensed as a wine-maker in either class who manufactures more wine than
authorized by his license shall be guilty of a business offense and shall be
fined $1 for each gallon so manufactured.
(g) A person shall be exempt from prosecution for a violation of this
Act if he is a peace officer in the enforcement of the criminal laws and
such activity is approved in writing by one of the following:
(1) In all counties, the respective State's Attorney;
(2) The Director of the Illinois State Police under | ||
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(3) In cities over 1,000,000, the Superintendent of | ||
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(Source: P.A. 101-37, eff. 7-3-19; 102-538, eff. 8-20-21.)
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(235 ILCS 5/10-2) (from Ch. 43, par. 184)
Sec. 10-2.
If the owner of the licensed premises or any person
from whom the
licensee derives the right to possession of such premises, or the agent of
such owner or person, shall knowingly permit the licensee to use said
licensed premises in violation of the terms of this Act, said owner, agent
or other person shall be deemed guilty of a violation of this Act to the
same extent as said licensee and be subject to the same punishment.
(Source: P.A. 82-783.)
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(235 ILCS 5/10-3) (from Ch. 43, par. 185)
Sec. 10-3.
Every Act or omission of whatsoever nature constituting a violation
of any of the provisions of this Act, by any officer, director, manager or
other agent or employee of any licensee, shall be deemed and held to be the
act of such employer or licensee, and said employer or licensee shall be
punishable in the same manner as if said act or omission had been done or
omitted by him personally.
(Source: P.A. 82-783.)
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(235 ILCS 5/10-4) (from Ch. 43, par. 186)
Sec. 10-4.
Whenever any licensee shall be convicted of any
violation of this
Act, the licenses of said licensee may, in the discretion of the State
commission or of the local commissioner, (whichever has jurisdiction) be
revoked and forfeited and all fees paid thereon shall be forfeited, and the
bond given by said licensee to secure such licensee's faithful compliance
with the terms of this Act shall be forfeited, and it shall thereafter be
unlawful and shall constitute a further violation of this Act for said
licensee to continue to operate under said license.
(Source: P.A. 82-783.)
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(235 ILCS 5/10-5) (from Ch. 43, par. 187)
Sec. 10-5.
Whenever any officer, director, manager, or other employee in a
position of authority of any licensee under this Act shall be convicted of
any violation of this Act while engaged in the course of his employment or
while upon the premises described by said license, said license shall be
revoked and the fees paid thereon forfeited both as to the holder of said
license and as to said premises, and said bond given by said licensee to
secure the faithful compliance with the terms of this Act shall be
forfeited in like manner as if said licensee had himself been convicted.
(Source: P.A. 103-154, eff. 6-30-23.)
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(235 ILCS 5/10-6) (from Ch. 43, par. 188)
Sec. 10-6.
Any person who shall knowingly possess, sell, ship,
transport or in
any wise dispose of any alcoholic liquor under any other than the proper
name or brand known to the trade as designating the kind and quality of the
contents of the package or other containers of said alcoholic liquor, or
who shall cause any such Act to be done, shall forfeit to the State said
alcoholic liquor and said packages and containers and shall be subject to
the punishment and penalties provided for violation of this Act.
(Source: P.A. 82-783.)
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(235 ILCS 5/10-7) (from Ch. 43, par. 189)
Sec. 10-7.
Every lot, parcel or tract of land, and every building,
structure,
tent, railroad car, boat, wagon, vehicle, establishment or place
whatsoever, together with all furniture, fixtures, ornaments and machinery
located thereon, wherein there shall be conducted any unlawful manufacture,
distribution or sale of any alcoholic liquor, or whereon or wherein there
shall be kept, stored, concealed or allowed any alcoholic liquor intended
for illegal sale or to be sold, disposed of or in any other manner used in
violation of any of the provisions of this Act is hereby declared to be a
public nuisance and shall be abated as provided by the laws of this State
for the abatement of public nuisances.
(Source: P.A. 82-783.)
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(235 ILCS 5/10-7.1) (from Ch. 43, par. 189.1)
Sec. 10-7.1.
The State Commission, upon receipt of a complaint or upon having
knowledge that any
person is engaged in the business as a manufacturer, importing distributor,
distributor, or retailer without a license or valid license, shall conduct an investigation. If, after conducting an investigation, the State Commission is satisfied that the alleged conduct occurred or is occurring, it may issue a cease and desist notice as provided in this Act, issue civil penalties as provided in this Act, notify
the Department of Revenue and the local liquor authority, or file a
complaint with the State's Attorney's
Office of the County where the incident occurred or with the Attorney General.
(Source: P.A. 101-37, eff. 7-3-19.)
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(235 ILCS 5/10-8) (from Ch. 43, par. 190)
Sec. 10-8.
Whenever complaint is made in writing, verified by
affidavit, to any judge of the circuit court, that
complainant has just and reasonable grounds to believe and does believe
that alcoholic liquor is manufactured, possessed, kept for sale, used or
transported, in violation of this Act, or any mash, still or other property
designed for the manufacture of alcoholic liquor is possessed in any
premises which are not licensed hereunder, (particularly describing and
designating such property in the complaint), the judge may issue a search
warrant as hereinafter provided; provided, however, no search warrant shall
be necessary for the inspection or search of any premises licensed under
this Act, and provided, further, that no search warrant shall be issued for
the search of premises in use for residence purposes. The property seized
on any such warrant shall not be taken from the officer seizing the same on
any order of replevin or other like process.
Each complaint shall be substantially in the following form:
State of Illinois,) ) ss.County of Cook. )
Complaint for Search Warrant.
The complaint and affidavit of .... (name of complainant), of .... (his
residence), made before .... (name of officer) one of the .... (official title
of officer), in and for the .... (county, city or village, as the case may be),
on (insert date), being first duly sworn,
upon his oath says: That he has just and reasonable grounds to believe, and
does believe that alcoholic liquor is now unlawfully (manufactured, possessed,
used, disposed of or kept for sale, or any mash, still or other property
designed for the illegal manufacture of alcoholic liquor is possessed
therein, as the case may be), to-wit: At and within a certain .... (here
describe the house, building, premises, boat, vehicle, receptacle or other
place to be searched, with particulars as to the location sufficiently to
identify it, stating the name of the person occupying the same, if known),
in the .... (city, village or town of) ...., in the county and state set out
above; that the following are the reasons for his or her belief, to-wit
.... (here insert the facts upon which such belief is based). Wherefore
complainant prays that a search warrant may issue according to law.
...........................
(Signature of complainant.)
Subscribed and Sworn to before me on (insert date).
............................
(Name of officer.)
............................
(Official title of officer.)
(Source: P.A. 91-357, eff. 7-29-99.)
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(235 ILCS 5/10-9) (from Ch. 43, par. 191)
Sec. 10-9.
If the judge before whom any such complaint is made is satisfied
that there is reasonable cause for such belief, he shall issue a warrant
directed to any peace officer having jurisdiction, commanding him forthwith
to enter the house, building, premises, boat, vehicle, receptacle or other
place therein described and designated with particularity, and make
diligent and careful search for alcoholic liquor manufactured, possessed or
kept for sale, contrary to this Act, and if any such alcoholic liquor be
there found, to seize the same, together with the vessels containing the
same, and all property, implements, furniture and vehicles kept or used for
the purpose of violating, or with which to violate any of the provisions of
this Act, and bringing the same and any and all persons (if any there be)
in whose possession they are found, before the judge who issued the
warrant, or some other judge having a cognizance of the case.
(Source: P.A. 82-783.)
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(235 ILCS 5/10-10) (from Ch. 43, par. 192)
Sec. 10-10.
Upon the issuance of any such search warrant,
it shall be the duty
of the officers executing the same to forthwith enter the house, building,
premises, boat, vehicle, receptacle or other place therein described,
either in the day time or night time, by force, if necessary, and to remove
therefrom and confiscate any alcoholic liquor manufactured, possessed or
kept for sale, contrary to the terms of this Act, and any machinery,
equipment or material used in connection therewith, and to hold such
property until all prosecution arising out of said search and seizure shall
have ended and determined, and it shall be the duty of the officers
executing such search warrant to arrest any person or persons found using
or in possession or control of such alcoholic liquor, articles or things.
All alcoholic liquor unlawfully manufactured, stored, kept, sold or
otherwise disposed of, and the containers thereof, and all equipment used
or fit for use in the manufacture or production of the same which are found
at or about any still or outfit for the unlawful manufacture of alcoholic
liquor on unlicensed premises are hereby declared contraband, and no right
of property shall be or exist in any person owning, furnishing or
possessing any such property, liquor, material or equipment, but all such
property, articles and things, including alcoholic liquor, shall be sold
upon an order of the court, in the manner hereinbefore provided, and the
proceeds thereof shall be disposed of in the manner herein provided for the
disposition of license fees paid to the State Commission; provided that
nothing shall be construed to prevent any officer whose duty it is to make
arrests from arresting, with or without a warrant, any person or persons
found violating any of the provisions of this Act; provided further, that
any officer executing a search warrant shall forthwith make his return
thereof to the court or officer issuing said search warrant of the manner
and date of his execution thereof, showing what, if anything, was seized
and held by said search, together with the name of the owner or owners, if
known, and shall attach to said return an accurate list or inventory of the
articles and things so seized.
It shall be the duty of the officer who has seized and is holding any of
the property mentioned in this section, to make application to the court on
final determination of any prosecution arising under said search and
seizure, and in which such prosecution shall have been commenced or
prosecuted for an order to sell such property, and the court, if satisfied
that the property so seized and held was, at the time of its seizure, being
kept or used, or was fit for use in the unlawful manufacture or production
of alcoholic liquor, then the court shall make an order that said property
and effects be sold by such officer and shall fix the time, place, manner
and notice of such sale, and the proceeds of such sale shall be paid over
to the State Commission; provided, however, that nothing contained in this
Act shall be considered to authorize the sale of any alcoholic liquor
unlawfully manufactured fit for human consumption which comes into the
possession of any officer by seizure, confiscation or forfeiture under the
provisions of this Act without the payment of all taxes required by the
laws of this State and of the United States; provided, further that all
such unlawfully manufactured alcoholic liquor which is unfit for human
consumption shall be destroyed.
(Source: P.A. 82-783.)
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(235 ILCS 5/Art. XI heading) ARTICLE XI.
PARTIAL INVALIDITY AND REPEAL
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(235 ILCS 5/11-1) (from Ch. 43, par. 193)
Sec. 11-1.
The articles, provisions and sections of this Act
shall be deemed
to be separable and the invalidity of any portion of this Act shall not
affect the validity of the remainder.
(Source: P.A. 82-783.)
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(235 ILCS 5/11-2) (from Ch. 43, par. 194)
Sec. 11-2.
The Act in relation to the manufacture, possession
and sale of malt
and vinous beverages, approved April 26, 1933, as amended is hereby
repealed. All other laws in conflict with this Act, or any of the
provisions hereof, in so far as such laws and parts thereof are in conflict
herewith, are hereby repealed.
The repeal of the Act in this section named shall not affect the
obligation to pay any taxes imposed by said Act on account of malt and
vinous beverages manufactured or sold prior to the effective date of such
repeal, but all the provisions of this Act relating to the imposition and
collection of such taxes and penalties for failure to report and pay such
taxes shall remain in effect in so far as they relate to such taxes so
imposed and collectible under said "Malt and Vinous Beverage Act.".
(Source: P.A. 82-783.)
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(235 ILCS 5/Art. XII heading) ARTICLE XII.
GRAPE AND WINE RESOURCES COUNCIL
(Repealed)(Source: Repealed by P.A. 100-621, eff. 7-20-18.)
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