House Sponsors: HOFFMAN-CAPPARELLI-SAVIANO-KENNER-MAUTINO, MCAULIFFE, BRUNSVOLD, PARKE, LANG, BLACK, O'BRIEN, LYONS,JOSEPH, PERSICO, HASSERT, ACKERMAN, FEIGENHOLTZ, DURKIN, NOVAK, TURNER,ART, FANTIN, DAVIS,STEVE, HOLBROOK, MOFFITT, BROWN, BERGMAN, BURKE, TENHOUSE, MOORE,EUGENE, BOLAND, ZICKUS, JONES,LOU AND REITZ. Senate Sponsors: DILLARD-JACOBS-BOWLES-WALSH,L-WALSH,T Short description: LIQUOR CONTROL-BROKER Synopsis of Bill as introduced: Amends the Liquor Control Act of 1934 to expand the definition of "broker" to include a person, corporation, or other combination of individuals that solicits orders or membership to an alcoholic beverage club or an alcoholic liquors club to promote the sale of alcoholic liquors to consumers and businesses for any wholesaler, retailer, or other individual who ships alcoholic liquors by means of a common carrier. Effective immediately. HOUSE AMENDMENT NO. 1. Adds reference to: 235 ILCS 5/1-3.28 from Ch. 43, par. 95.28 235 ILCS 5/2-1 from Ch. 43, par. 96 235 ILCS 5/3-12 from Ch. 43, par. 108 235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/6-16 from Ch. 43, par. 131 235 ILCS 5/6-17.2 new 235 ILCS 5/6-29.1 new 235 ILCS 5/10-1 from Ch. 43, par. 183 Replaces everything. Amends the Liquor Control Act of 1934. Provides that the term "broker" includes a person, other than a retail licensee, who promotes, solicits, or accepts orders for alcoholic liquor for use or consumption to be delivered to residents of this State by an express company, common carrier, or contract carrier. Provides that the State Commission shall have the power to receive applications and issue licenses to brokers and wine maker retail licensees and to investigate shipments of alcoholic liquor into this State from outside this State and to issue a cease-and-desist notice in the event of a violation of the Act. Provides that no carrier that transports alcoholic liquor into this State shall deliver alcoholic liquor to any person under 21 years of age or to any intoxicated person. Provides that a carrier that transports alcoholic liquor into this State for delivery in this State shall obtain a signature acknowledging receipt of the alcoholic liquor by a person who is at least 21 years of age. Provides that any retail licensee who knowingly ships alcoholic liquor into another state in violation of that state's laws shall have its license suspended for 7 days for a first violation and shall have its license revoked by the Commission for a second violation. Provides that a person who ships alcoholic liquor into this State from a point outside this State to a person who does not hold a manufacturer, distributor, importing distributor, or nonresident dealer license, unless authorized by law, violates the Act. Provides that a violation is a business offense with a fine of not more than $1,000 for a first offense, $5,000 for a second offense, and $10,000 for a third or subsequent offense. Effective immediately. FISCAL NOTE, H-AM 1 (Liquor Control Commission) Total expenditures for the first year would equal $175,010 but would decline in the second year to $135,000 but this would still have a negative impact on the Dram Shop Fund from $80,000 to $110,000 per year. HOME RULE NOTE, AMENDED Contains no language preempting home rule. STATE MANDATES ACT FISCAL NOTE, AMENDED Fails to create a State mandate. SENATE AMENDMENT NO. 2. Adds reference to: 235 ILCS 5/8-12 from Ch. 43, par. 164 3/4 235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/10-7.1 from Ch. 43, par. 189.1 Deletes everything. Amends the Liquor Control Act of 1934. Provides that the term "broker" includes a person who, for a fee or commission, promotes, solicits, or accepts orders for alcoholic liquor for use or consumption to be shipped from this State and delivered to residents out of this State by an express company, common carrier, or contract carrier. Provides that the State Commission shall have the power to receive applications and issue licenses to brokers and wine maker retail licensees and to investigate shipments of alcoholic liquor into this State from outside this State and to issue a cease-- and-desist notice in the event of a violation of the Act. Provides that no carrier that transports alcoholic liquor into this State shall knowingly deliver alcoholic liquor to any person under 21 years of age. Provides that a carrier that transports alcoholic liquor into this State for delivery in this State shall obtain a signature acknow- ledging receipt of the alcoholic liquor by a person who is at least 21 years of age. Provides that any retail licensee who knowingly ships alcoholic liquor into another state in violation of that state's laws shall have its license suspended for 7 days for a first violation and shall have its license revoked by the Commission for a second viola- tion. Provides that a person who ships alcoholic liquor into this State from a point outside this State to a person who does not hold a manufacturer, distributor, importing distributor, or nonresident dealer license, unless authorized by law, violates the Act. Provides that a violation is a business offense with a fine of not more than $1,000 for a first offense, $5,000 for a second offense and $10,000 for a third or subsequent offense. Provides that the Department of Revenue may establish procedures for electronic transmission of certain information concerning delivery of alcoholic liquor directly to the Department. Requires the Commission to report to the Governor and the General Assembly by April 30, 1999 concerning the impact of the provisions of this amendatory Act of 1998 on the business of soliciting, selling, and shipping alcoholic liquor from outside this State to residents of this State. Adds an immediate effective date. Last action on Bill: PUBLIC ACT.............................. 90-0739 Last action date: 98-08-13 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 1 END OF INQUIRY Full Text Bill Status