Public Act 90-0077 of the 90th General Assembly
Public Act 90-0077
SB910 Enrolled LRB9003325LDpk
AN ACT in relation to the regulation of wine, amending
named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Illinois Promotion Act is amended by
changing Section 4a as follows:
(20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
Sec. 4a. Funds.
(1) As soon as possible after the first day of each
month, beginning July 1, 1978, upon certification of the
Department of Revenue, the Comptroller shall order
transferred and the Treasurer shall transfer from the General
Revenue Fund to a special fund in the State Treasury, to be
known as the "Tourism Promotion Fund", an amount equal to 10%
of the net revenue realized from "The Hotel Operators'
Occupation Tax Act", as now or hereafter amended, plus an
amount equal to 10% of the net revenue realized from any tax
imposed under Section 4.05 of the Chicago World's Fair - 1992
Authority Act, as now or hereafter amended, during the
preceding month. Net revenue realized for a month shall be
the revenue collected by the State pursuant to that Act
during the previous month less the amount paid out during
that same month as refunds to taxpayers for overpayment of
liability under that Act.
All moneys deposited in the Tourism Promotion Fund
pursuant to this subsection are allocated to the Department
for utilization, as appropriated, in the performance of its
powers under Section 4.
(1.1) In addition to the transfers provided under
subsection (1) of this Section, as soon as possible after the
first day of each month, beginning July 1, 1993, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Tourism Promotion Fund an
amount equal to the following specified percentages of the
net revenue realized from the Hotel Operators' Occupation Tax
Act during the previous month: during State fiscal year 1994,
1%; during fiscal year 1995, 2%; and during fiscal year 1996
and thereafter, 3%. "Net revenue" realized for a month shall
mean the revenue collected by the State under that Act during
the month less the amount paid out during that same month as
refunds to taxpayers for overpayment of liability under that
Act.
All moneys transferred into the Tourism Promotion Fund
under this subsection (1.1) are allocated to the Department
for utilization, as appropriated, in the performance of its
powers under Section 4.
(2) On the first day of fiscal year 1993, or as soon
thereafter as may be practicable, the Comptroller shall order
the transfer and the Treasurer shall transfer $4,300,000,
from the General Revenue Fund to the Tourism Promotion Fund
in the State Treasury. On January 15, 1993, or as soon
thereafter as may be practical, the Comptroller shall order
the transfer and the Treasurer shall transfer from the
General Revenue Fund to the Tourism Promotion Fund in the
State Treasury the sum of $5,700,000 or so much as may be
necessary so that the total amount transferred from the
General Revenue Fund to the Tourism Promotion Fund for fiscal
year 1993 equals the greater of $10,000,000 or the amount of
the fiscal year 1993 appropriation to the Department of
Commerce and Community Affairs to advertise and promote
tourism throughout Illinois under this subsection (2).
On the first day of fiscal year 1994 and each fiscal year
thereafter, or as soon thereafter as may be practical, the
Comptroller shall order the transfer and the Treasurer shall
transfer from the General Revenue Fund to the Tourism
Promotion Fund in the State Treasury the greater of
$10,000,000 or the amount of the fiscal year appropriation to
the Department of Commerce and Community Affairs to advertise
and promote tourism throughout Illinois under this subsection
(2).
All monies deposited in the Tourism Promotion Fund under
this subsection (2) shall be used solely as provided in this
subsection to advertise and promote tourism throughout
Illinois. Appropriations of monies deposited in the Tourism
Promotion Fund pursuant to this subsection (2) shall be used
solely for advertising to promote tourism, including but not
limited to advertising production and direct advertisement
costs, but shall not be used to employ any additional staff,
finance any individual event, or lease, rent or purchase any
physical facilities. The Department shall coordinate its
advertising under this subsection (2) with other public and
private entities in the State engaged in similar promotion
activities. Print or electronic media production made
pursuant to this subsection (2) for advertising promotion
shall not contain or include the physical appearance of or
reference to the name or position of any public officer.
"Public officer" means a person who is elected to office
pursuant to statute, or who is appointed to an office which
is established, and the qualifications and duties of which
are prescribed, by statute, to discharge a public duty for
the State or any of its political subdivisions.
(3) Subject to appropriation, moneys shall be
transferred from the Tourism Promotion Fund into the Grape
and Wine Resources Fund pursuant to Article XII of the Liquor
Control Act of 1934 and shall be used by the Department in
accordance with the provisions of that Article.
(Source: P.A. 87-838; 87-860; 87-1248; 88-465.)
Section 5. The State Finance Act is amended by adding
Section 5.449 as follows:
(30 ILCS 105/5.449 new)
Sec. 5.449. The Grape and Wine Resources Fund.
Section 10. The Liquor Control Act of 1934 is amended by
changing Sections 5-1 and 5-3 and adding Section 1-3.37 and
Article XII as follows:
(235 ILCS 5/1-3.37 new)
Sec. 1-3.37. "Council" means the Grape and Wine
Resources Council.
(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,
(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 retail 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.
Nothing in this provision, nor in any subsequent
provision of this Act shall be interpreted as forbidding an
individual or firm from concurrently obtaining and holding a
Winemaker's 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, distributors, and to
non-licensees, and to retailers provided the brewer obtains
an importing distributor's license or distributor's license
in accordance with the provisions of this Act.
Class 4. A first class wine-manufacturer may make sales
and deliveries of between 40,000 and 50,000 gallons of wine
to manufacturers, importing distributors and distributors,
and to no other 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 less than 20,000 gallons of wine per year,
and the storage and sale of such wine to distributors and
retailers in the State and to persons without the State, as
may be permitted by law.
Class 7. A second-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 this
State and to persons without the State, as may be permitted
by law. A second-class wine-maker's license shall allow the
sale of no more than 10,000 gallons of the licensee's wine
directly to retailers.
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.
(a-1) A manufacturer which is licensed in this State to
make sales or deliveries of alcoholic liquor 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.
(b) A distributor's license shall allow 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.
(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.
(d) A retailer's license shall allow the licensee to
sell and offer for sale at retail, only in the premises
specified in such license, alcoholic liquor for use or
consumption, but not for resale in any form: Provided that
any retail license issued to a manufacturer shall only permit
such manufacturer to sell beer at retail on the premises
actually occupied by such manufacturer.
After January 1, 1995 there shall be 2 classes of
licenses issued under a retailers license.
(1) A "retailers on premise consumption license"
shall allow the licensee to sell and offer for sale at
retail, only on the premises specified in the license,
alcoholic liquor for use or consumption on the premises
or on and off the premises, but not for resale in any
form.
(2) An "off premise sale license" shall allow the
licensee to sell, or offer for sale at retail, alcoholic
liquor intended only for off premise consumption and not
for resale in any form.
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 also
submit with the application proof satisfactory to the State
Commission that the applicant will provide dram shop
liability insurance in the maximum limits and have local
authority approval.
(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, which boat 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 gallons
Class 2, not to exceed ....................... 1,000 gallons
Class 3, not to exceed ....................... 5,000 gallons
Class 4, not to exceed ....................... 10,000 gallons
Class 5, not to exceed ....................... 50,000 gallons
(i) A wine-maker's retail license shall allow the
licensee to sell and offer for sale at retail in the premises
specified in such license not more than 50,000 gallons of
wine per year for use or consumption, but not for resale in
any form; this license shall be issued only to a person
licensed as a first-class or second-class wine-maker. A
wine-maker's retail licensee, upon receiving permission from
the Commission, may conduct business at a second location
that is separate from the location specified in its
wine-maker's retail license. One wine-maker's retail
license-second location may be issued to a wine-maker's
retail licensee allowing the licensee to sell and offer for
sale at retail in the premises specified in the wine-maker's
retail license-second location up to 50,000 gallons of wine
that was produced at the licensee's first location per year
for use and consumption and not for resale.
(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.
(l) A broker's license shall be required of all brokers
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, 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.
Such license 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 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 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; and further provided
that 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.
(n) A brew pub license shall allow the licensee to
manufacture beer only on the premises specified in the
license, to make sales of the beer manufactured on the
premises to importing distributors, distributors, and to
non-licensees for use and consumption, to store the beer upon
the premises, and to sell and offer for sale at retail.
(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.
(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, and to sell
or offer for sale at retail, only in the premises specified
in the license hereby created, the transferred 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.
(Source: P.A. 88-91; 88-303; 88-535; 88-645, eff. 9-9-94;
89-45, eff. 6-23-95; 89-218, eff. 1-1-96; 89-626, eff.
8-9-96.)
(235 ILCS 5/5-3) (from Ch. 43, par. 118)
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:
For a manufacturer's license:
Class 1. Distiller ....................... $3,600
Class 2. Rectifier ....................... 3,600
Class 3. Brewer .......................... 900
Class 4. First-class Wine Manufacturer ... 600
Class 5. Second Class Wine Manufacturer .. 1,200
Class 6. First-class wine-maker .......... 240
Class 7. Second-class wine-maker ......... 480
Class 8. Limited Wine Manufacturer....... 120
For a Brew Pub License ................... 1,050
For a caterer retailer's license.......... 200
For a foreign importer's license ......... 25
For an importing distributor's license ... 25
For a distributor's license .............. 270
For a non-resident dealer's license
(500,000 gallons or over)................. 270
For a non-resident dealer's license
(under 500,000 gallons)................... 90
For a wine-maker's retail license ........ 100
For a wine-maker's retail
license-second location .................. 350
For a retailer's license ................. 175
For a special event
retailer's license, (not-for-profit)...... 25
For a special use permit license,
one day only ............................. 50
2 days or more ........................... 100
For a railroad license ................... 60
For a boat license ....................... 180
For an airplane license .................. 60
times the licensee's maximum number of aircraft in flight,
serving liquor over the State at any given time, which either
originates, terminates or makes an intermediate stop in the
State.
For a non-beverage user's license:
Class 1 .................................. 24
Class 2 .................................. 60
Class 3 .................................. 120
Class 4 .................................. 240
Class 5 .................................. 600
For a broker's license ................... 600
For an auction liquor license ............ 50
Fees collected under this Section shall be paid into the
Dram Shop Fund. Beginning June 30, 1990 and on June 30 of
each subsequent year, 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 of alcoholic liquor is exclusively medicinal,
mechanical or scientific.
(b) Universities, colleges of learning or schools
when their use of alcoholic liquor is exclusively
medicinal, mechanical or scientific.
(c) Laboratories when their use is exclusively for
the purpose of scientific research.
The funds received from the $50 increase in the
retailer's license fee imposed by P.A. 86-983 shall be
deposited in the Youth Alcoholism and Substance Abuse
prevention Fund.
(Source: P.A. 88-91; 89-250, eff. 1-1-96.)
(235 ILCS 5/Art. XII heading new)
ARTICLE XII. GRAPE AND WINE RESOURCES COUNCIL
(235 ILCS 5/12-1 new)
Sec. 12-1. Grape and Wine Resources Council.
(a) There is hereby created the Grape and Wine Resources
Council, which shall have the powers and duties specified in
this Article and all other powers necessary and proper to
execute the provisions of this Article.
(b) The Council shall consist of 17 members including:
(1) The Director of the Illinois Department of
Agriculture, ex officio, or the Director's designee.
(2) The Dean of the SIU College of Agriculture, or
the Dean's designee.
(3) The Dean of the University of Illinois College
of Agriculture, or the Dean's designee.
(4) An expert in enology or food science and
nutrition to be named by the Director of the Illinois
Department of Agriculture from nominations submitted
jointly by the Deans of the Colleges of Agriculture at
Southern Illinois University and the University of
Illinois.
(5) An expert in marketing to be named by the
Director of the Illinois Department of Agriculture from
nominations submitted jointly by the Deans of the
Colleges of Agriculture at Southern Illinois University
and the University of Illinois.
(6) An expert in viticulture to be named by the
Director of the Illinois Department of Agriculture from
nominations submitted jointly by the Deans of the
Colleges of Agriculture at Southern Illinois University
and the University of Illinois.
(7) A representative from the Illinois Division of
Tourism, to be named by the Director of the Illinois
Department of Commerce and Community Affairs.
(8) Six persons to be named by the Director of the
Illinois Department of Agriculture from nominations from
the President of the Illinois Grape Growers and Vintners
Association, of whom 3 shall be grape growers and 3 shall
be vintners.
(9) Four persons, one of whom shall be named by the
Speaker of the House of Representatives, one of whom
shall be named by the Minority Leader of the House of
Representatives, one of whom shall be named by the
President of the Senate, and one of whom shall be named
by the Minority Leader of the Senate.
Members of the Council shall receive no compensation, but
shall be reimbursed for necessary expenses incurred in the
performance of their duties. The Council's Chair shall be
the Dean of the College of Agriculture at the University
where the Council is housed.
(c) The Council shall be housed at Southern Illinois
University at Carbondale, which shall maintain a
collaborative relationship with the University of Illinois at
Champaign.
(235 ILCS 5/12-2 new)
Sec. 12-2. Powers and duties of Council.
(a) Upon the appointment of its final member, the
Council shall adopt bylaws governing its members, meetings,
terms of office, and administration.
(b) The Council shall provide support and growth
services to the grape wine industry in Illinois that include,
but need not be limited to: (i) advocacy, liaison, and
promotion of grape growing and wine making, (ii) the
provision of consultation and special training to prospective
and established grape growers and wine makers, (iii)
viticulture and enological research pertinent to State wine
industry needs, and (iv) development of marketing policies
and strategies.
(c) The Council shall not enter into any effort to
regulate the price of grape products or wine.
(235 ILCS 5/12-3 new)
Sec. 12-3. Funding. Subject to appropriation, on July
1, 1997 and annually thereafter the Comptroller shall order
the transfer and the Treasurer shall transfer an amount
determined by the General Assembly from the Tourism Promotion
Fund into the Grape and Wine Resources Fund, which is hereby
created as a special fund in the State Treasury. The
Department of Commerce and Community Affairs may make
expenditures with moneys from the Fund for any of its lawful
purposes under this Article, subject to the advice and
approval of the Council. The Department of Commerce and
Community Affairs shall serve as the lead administrative
agency for monitoring the Council's implementation. Moneys
in the Fund shall not be used for any political or
legislative purpose. The Council shall keep minutes, books,
and records that clearly reflect all of the acts and
transactions of the Council. The books of the Council shall
be audited by a certified public accountant at the Council's
expense at least annually. Within 30 days after the
completion of the audit, the results shall be provided to the
Director of Commerce and Community Affairs. The Department
of Commerce and Community Affairs shall be reimbursed from
the Grape and Wine Resources Fund for any costs incurred
under this Act. Moneys remaining in the Grape and Wine
Resources Fund at the end of the fiscal year shall remain in
the Fund for use during the following fiscal year and shall
not be transferred to any other State fund.
Section 99. Effective date. This Act takes effect upon
becoming law.