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1 | AN ACT concerning liquor.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Liquor Control Act of 1934 is amended by | |||||||||||||||||||||||||
5 | changing Sections 1-3.03, 3-12, 5-1, and 6-4 as follows:
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6 | (235 ILCS 5/1-3.03) (from Ch. 43, par. 95.03)
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7 | Sec. 1-3.03.
"Wine" means any alcoholic beverage obtained
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8 | by the fermentation
of the natural contents of fruits, or | |||||||||||||||||||||||||
9 | vegetables , or honey , containing sugar,
including mead and | |||||||||||||||||||||||||
10 | such beverages when fortified by the addition of alcohol or
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11 | spirits, as above defined.
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12 | (Source: P.A. 82-783.)
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13 | (235 ILCS 5/3-12)
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14 | Sec. 3-12. Powers and duties of State Commission.
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15 | (a) The State Commission shall have the following powers, | |||||||||||||||||||||||||
16 | functions, and
duties:
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17 | (1) To receive applications and to issue licenses to | |||||||||||||||||||||||||
18 | manufacturers,
foreign importers, importing distributors, | |||||||||||||||||||||||||
19 | distributors, non-resident dealers,
on premise consumption | |||||||||||||||||||||||||
20 | retailers, off premise sale retailers, special event
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21 | retailer licensees, special use permit licenses, auction | |||||||||||||||||||||||||
22 | liquor licenses, brew
pubs, caterer retailers, |
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1 | non-beverage users, railroads, including owners and
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2 | lessees of sleeping, dining and cafe cars, airplanes, | ||||||
3 | boats, brokers, and wine
maker's premises licensees in | ||||||
4 | accordance with the provisions of this Act, and
to suspend | ||||||
5 | or revoke such licenses upon the State Commission's | ||||||
6 | determination,
upon notice after hearing, that a licensee | ||||||
7 | has violated any provision of this
Act or any rule or | ||||||
8 | regulation issued pursuant thereto and in effect for 30 | ||||||
9 | days
prior to such violation. Except in the case of an | ||||||
10 | action taken pursuant to a
violation of Section 6-3, 6-5, | ||||||
11 | or 6-9, any action by the State Commission to
suspend or | ||||||
12 | revoke a licensee's license may be limited to the license | ||||||
13 | for the
specific premises where the violation occurred.
An | ||||||
14 | action for a violation of this Act shall be commenced by | ||||||
15 | the State Commission within 2 years after the date the | ||||||
16 | State Commission becomes aware of the violation.
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17 | In lieu of suspending or revoking a license, the | ||||||
18 | commission may impose
a fine, upon the State Commission's | ||||||
19 | determination and notice after hearing,
that a licensee | ||||||
20 | has violated any provision of this Act or any rule or
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21 | regulation issued pursuant thereto and in effect for 30 | ||||||
22 | days prior to such
violation. | ||||||
23 | For the purpose of this paragraph (1), when | ||||||
24 | determining multiple violations for the sale of alcohol to | ||||||
25 | a person under the age of 21, a second or subsequent | ||||||
26 | violation for the sale of alcohol to a person under the age |
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1 | of 21 shall only be considered if it was committed within 5 | ||||||
2 | years after the date when a prior violation for the sale of | ||||||
3 | alcohol to a person under the age of 21 was committed. | ||||||
4 | The fine imposed under this paragraph may not exceed | ||||||
5 | $500 for each
violation. Each day that the activity, which | ||||||
6 | gave rise to the original fine,
continues is a separate | ||||||
7 | violation. The maximum fine that may be levied against
any | ||||||
8 | licensee, for the period of the license, shall not exceed | ||||||
9 | $20,000.
The maximum penalty that may be imposed on a | ||||||
10 | licensee for selling a bottle of
alcoholic liquor with a | ||||||
11 | foreign object in it or serving from a bottle of
alcoholic | ||||||
12 | liquor with a foreign object in it shall be the | ||||||
13 | destruction of that
bottle of alcoholic liquor for the | ||||||
14 | first 10 bottles so sold or served from by
the licensee. | ||||||
15 | For the eleventh bottle of alcoholic liquor and for each | ||||||
16 | third
bottle thereafter sold or served from by the | ||||||
17 | licensee with a foreign object in
it, the maximum penalty | ||||||
18 | that may be imposed on the licensee is the destruction
of | ||||||
19 | the bottle of alcoholic liquor and a fine of up to $50.
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20 | Any notice issued by the State Commission to a | ||||||
21 | licensee for a violation of this Act or any notice with | ||||||
22 | respect to settlement or offer in compromise shall include | ||||||
23 | the field report, photographs, and any other supporting | ||||||
24 | documentation necessary to reasonably inform the licensee | ||||||
25 | of the nature and extent of the violation or the conduct | ||||||
26 | alleged to have occurred. The failure to include such |
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1 | required documentation shall result in the dismissal of | ||||||
2 | the action. | ||||||
3 | (2) To adopt such rules and regulations consistent | ||||||
4 | with the
provisions of this Act which shall be necessary | ||||||
5 | to carry on its
functions and duties to the end that the | ||||||
6 | health, safety and welfare of
the People of the State of | ||||||
7 | Illinois shall be protected and temperance in
the | ||||||
8 | consumption of alcoholic liquors shall be fostered and | ||||||
9 | promoted and
to distribute copies of such rules and | ||||||
10 | regulations to all licensees
affected thereby.
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11 | (3) To call upon other administrative departments of | ||||||
12 | the State,
county and municipal governments, county and | ||||||
13 | city police departments and
upon prosecuting officers for | ||||||
14 | such information and assistance as it
deems necessary in | ||||||
15 | the performance of its duties.
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16 | (4) To recommend to local commissioners rules and | ||||||
17 | regulations, not
inconsistent with the law, for the | ||||||
18 | distribution and sale of alcoholic
liquors throughout the | ||||||
19 | State.
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20 | (5) To inspect, or cause to be inspected, any
premises | ||||||
21 | in this State
where alcoholic liquors are manufactured, | ||||||
22 | distributed, warehoused, or
sold. Nothing in this Act
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23 | authorizes an agent of the State Commission to inspect | ||||||
24 | private
areas within the premises without reasonable | ||||||
25 | suspicion or a warrant
during an inspection. "Private | ||||||
26 | areas" include, but are not limited to, safes, personal |
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1 | property, and closed desks.
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2 | (5.1) Upon receipt of a complaint or upon having | ||||||
3 | knowledge that any person
is engaged in business as a | ||||||
4 | manufacturer, importing distributor, distributor,
or | ||||||
5 | retailer without a license or valid license, to conduct an | ||||||
6 | investigation. If, after conducting an investigation, the | ||||||
7 | State Commission is satisfied that the alleged conduct | ||||||
8 | occurred or is occurring, it may issue a cease and desist | ||||||
9 | notice as provided in this Act, impose civil penalties as | ||||||
10 | provided in this Act, notify the local liquor
authority, | ||||||
11 | or file a complaint with the State's Attorney's Office of | ||||||
12 | the county
where the incident occurred or the Attorney | ||||||
13 | General.
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14 | (5.2) Upon receipt of a complaint or upon having | ||||||
15 | knowledge that any person is shipping alcoholic
liquor
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16 | into this State from a point outside of this State if the | ||||||
17 | shipment is in
violation of this Act, to conduct an | ||||||
18 | investigation. If, after conducting an investigation, the | ||||||
19 | State Commission is satisfied that the alleged conduct | ||||||
20 | occurred or is occurring, it may issue a cease and desist | ||||||
21 | notice as provided in this Act, impose civil penalties as | ||||||
22 | provided in this Act, notify the foreign jurisdiction, or | ||||||
23 | file a complaint with the State's Attorney's Office of the | ||||||
24 | county where the incident occurred or the Attorney | ||||||
25 | General.
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26 | (5.3) To receive complaints from licensees, local |
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1 | officials, law
enforcement agencies, organizations, and | ||||||
2 | persons stating that any licensee has
been or is violating | ||||||
3 | any provision of this Act or the rules and regulations
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4 | issued pursuant to this Act. Such complaints shall be in | ||||||
5 | writing, signed and
sworn to by the person making the | ||||||
6 | complaint, and shall state with specificity
the facts in | ||||||
7 | relation to the alleged violation. If the State Commission | ||||||
8 | has
reasonable grounds to believe that the complaint | ||||||
9 | substantially alleges a
violation of this Act or rules and | ||||||
10 | regulations adopted pursuant to this Act, it
shall conduct | ||||||
11 | an investigation. If, after conducting an investigation, | ||||||
12 | the
State Commission is satisfied that the alleged | ||||||
13 | violation did occur, it shall proceed
with disciplinary | ||||||
14 | action against the licensee as provided in this Act.
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15 | (5.4) To make arrests and issue notices of civil | ||||||
16 | violations where necessary for the enforcement of this | ||||||
17 | Act. | ||||||
18 | (5.5) To investigate any and all unlicensed activity. | ||||||
19 | (5.6) To impose civil penalties or fines to any person | ||||||
20 | who, without holding a valid license, engages in conduct | ||||||
21 | that requires a license pursuant to this Act, in an amount | ||||||
22 | not to exceed $20,000 for each offense as determined by | ||||||
23 | the State Commission. A civil penalty shall be assessed by | ||||||
24 | the State Commission after a hearing is held in accordance | ||||||
25 | with the provisions set forth in this Act regarding the | ||||||
26 | provision of a hearing for the revocation or suspension of |
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1 | a license. | ||||||
2 | (6) To hear and determine appeals from orders of a | ||||||
3 | local commission
in accordance with the provisions of this | ||||||
4 | Act, as hereinafter set forth.
Hearings under this | ||||||
5 | subsection shall be held in Springfield or Chicago,
at | ||||||
6 | whichever location is the more convenient for the majority | ||||||
7 | of persons
who are parties to the hearing.
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8 | (7) The State Commission shall establish uniform | ||||||
9 | systems of accounts to be
kept by all retail licensees | ||||||
10 | having more than 4 employees, and for this
purpose the | ||||||
11 | State Commission may classify all retail licensees having | ||||||
12 | more
than 4 employees and establish a uniform system of | ||||||
13 | accounts for each
class and prescribe the manner in which | ||||||
14 | such accounts shall be kept.
The State Commission may also | ||||||
15 | prescribe the forms of accounts to be kept by
all retail | ||||||
16 | licensees having more than 4 employees, including , but not
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17 | limited to , accounts of earnings and expenses and any | ||||||
18 | distribution,
payment, or other distribution of earnings | ||||||
19 | or assets, and any other
forms, records , and memoranda | ||||||
20 | which in the judgment of the commission may
be necessary | ||||||
21 | or appropriate to carry out any of the provisions of this
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22 | Act, including , but not limited to , such forms, records , | ||||||
23 | and memoranda as
will readily and accurately disclose at | ||||||
24 | all times the beneficial
ownership of such retail licensed | ||||||
25 | business. The accounts, forms,
records , and memoranda | ||||||
26 | shall be available at all reasonable times for
inspection |
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1 | by authorized representatives of the State Commission or | ||||||
2 | by
any local liquor control commissioner or his or her | ||||||
3 | authorized representative.
The commission , may, from time | ||||||
4 | to time, alter, amend , or repeal, in whole
or in part, any | ||||||
5 | uniform system of accounts, or the form and manner of
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6 | keeping accounts.
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7 | (8) In the conduct of any hearing authorized to be | ||||||
8 | held by the State Commission, to appoint, at the | ||||||
9 | commission's discretion, hearing officers
to conduct | ||||||
10 | hearings involving complex issues or issues that will | ||||||
11 | require a
protracted period of time to resolve, to | ||||||
12 | examine, or cause to be examined,
under oath, any | ||||||
13 | licensee, and to examine or cause to be examined the books | ||||||
14 | and
records
of such licensee; to hear testimony and take | ||||||
15 | proof material for its
information in the discharge of its | ||||||
16 | duties hereunder; to administer or
cause to be | ||||||
17 | administered oaths; for any such purpose to issue
subpoena | ||||||
18 | or subpoenas to require the attendance of witnesses and | ||||||
19 | the
production of books, which shall be effective in any | ||||||
20 | part of this State, and
to adopt rules to implement its | ||||||
21 | powers under this paragraph (8).
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22 | Any circuit court may , by order duly entered,
require | ||||||
23 | the attendance of witnesses and the production of relevant | ||||||
24 | books
subpoenaed by the State Commission and the court may | ||||||
25 | compel
obedience to its order by proceedings for contempt.
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26 | (9) To investigate the administration of laws in |
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1 | relation to
alcoholic liquors in this and other states and | ||||||
2 | any foreign countries,
and to recommend from time to time | ||||||
3 | to the Governor and through him or
her to the legislature | ||||||
4 | of this State, such amendments to this Act, if any, as
it | ||||||
5 | may think desirable and as will serve to further the | ||||||
6 | general broad
purposes contained in Section 1-2 hereof.
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7 | (10) To adopt such rules and regulations consistent | ||||||
8 | with the
provisions of this Act which shall be necessary | ||||||
9 | for the control, sale , or
disposition of alcoholic liquor | ||||||
10 | damaged as a result of an accident, wreck,
flood, fire , or | ||||||
11 | other similar occurrence.
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12 | (11) To develop industry educational programs related | ||||||
13 | to responsible
serving and selling, particularly in the | ||||||
14 | areas of overserving consumers and
illegal underage | ||||||
15 | purchasing and consumption of alcoholic beverages.
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16 | (11.1) To license persons providing education and | ||||||
17 | training to alcohol
beverage sellers and servers for | ||||||
18 | mandatory and non-mandatory training under the
Beverage | ||||||
19 | Alcohol Sellers and Servers
Education and Training | ||||||
20 | (BASSET) programs and to develop and administer a public
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21 | awareness program in Illinois to reduce or eliminate the | ||||||
22 | illegal purchase and
consumption of alcoholic beverage | ||||||
23 | products by persons under the age of 21.
Application for a | ||||||
24 | license shall be made on forms provided by the State
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25 | Commission.
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26 | (12) To develop and maintain a repository of license |
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1 | and regulatory
information.
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2 | (13) (Blank).
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3 | (14) On or before April 30, 2008 and every 2 years
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4 | thereafter, the State Commission shall present a written
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5 | report to the Governor and the General Assembly that shall
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6 | be based on a study of the impact of Public Act 95-634 on | ||||||
7 | the business of soliciting,
selling, and shipping wine | ||||||
8 | from inside and outside of this
State directly to | ||||||
9 | residents of this State. As part of its
report, the State | ||||||
10 | Commission shall provide all of the
following information: | ||||||
11 | (A) The amount of State excise and sales tax
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12 | revenues generated. | ||||||
13 | (B) The amount of licensing fees received. | ||||||
14 | (C) The number of cases of wine shipped from | ||||||
15 | inside
and outside of this State directly to residents | ||||||
16 | of this
State. | ||||||
17 | (D) The number of alcohol compliance operations
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18 | conducted. | ||||||
19 | (E) The number of winery shipper's licenses
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20 | issued. | ||||||
21 | (F) The number of each of the following: reported
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22 | violations; cease and desist notices issued by the
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23 | Commission; notices of violations issued by
the | ||||||
24 | Commission and to the Department of Revenue;
and | ||||||
25 | notices and complaints of violations to law
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26 | enforcement officials, including, without limitation,
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1 | the Illinois Attorney General and the U.S. Department
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2 | of Treasury's Alcohol and Tobacco Tax and Trade | ||||||
3 | Bureau. | ||||||
4 | (15) As a means to reduce the underage consumption of
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5 | alcoholic liquors, the State Commission shall conduct
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6 | alcohol compliance operations to investigate whether
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7 | businesses that are soliciting, selling, and shipping wine
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8 | from inside or outside of this State directly to residents
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9 | of this State are licensed by this State or are selling or
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10 | attempting to sell wine to persons under 21 years of age in
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11 | violation of this Act. | ||||||
12 | (16) The State Commission shall, in addition to
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13 | notifying any appropriate law enforcement agency, submit
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14 | notices of complaints or violations of Sections 6-29 and
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15 | 6-29.1 by persons who do not hold a winery shipper's
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16 | license under this Act to the Illinois Attorney General | ||||||
17 | and
to the U.S. Department of Treasury's Alcohol and | ||||||
18 | Tobacco Tax and Trade Bureau. | ||||||
19 | (17)(A) A person licensed to make wine under the laws | ||||||
20 | of another state who has a winery shipper's license under | ||||||
21 | this Act and annually produces less than 25,000 gallons of | ||||||
22 | wine or a person who has a first-class or second-class | ||||||
23 | wine manufacturer's license, a first-class or second-class | ||||||
24 | wine-maker's license, or a limited wine manufacturer's | ||||||
25 | license under this Act and annually produces less than | ||||||
26 | 25,000 gallons of wine may make application to the |
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1 | Commission for a self-distribution exemption to allow the | ||||||
2 | sale of not more than 5,000 gallons of the exemption | ||||||
3 | holder's wine to retail licensees per year and to sell | ||||||
4 | cider, mead, or both cider and mead to brewers, class 1 | ||||||
5 | brewers, and class 2 brewers that pursuant to subsection | ||||||
6 | (e) of Section 6-4 of this Act sell beer, cider, mead, or | ||||||
7 | any combination thereof to non-licensees at their | ||||||
8 | breweries . | ||||||
9 | (B) In the application, which shall be sworn under | ||||||
10 | penalty of perjury, such person shall state (1) the date | ||||||
11 | it was established; (2) its volume of production and sales | ||||||
12 | for each year since its establishment; (3) its efforts to | ||||||
13 | establish distributor relationships; (4) that a | ||||||
14 | self-distribution exemption is necessary to facilitate the | ||||||
15 | marketing of its wine; and (5) that it will comply with the | ||||||
16 | liquor and revenue laws of the United States, this State, | ||||||
17 | and any other state where it is licensed. | ||||||
18 | (C) The State Commission shall approve the application | ||||||
19 | for a self-distribution exemption if such person: (1) is | ||||||
20 | in compliance with State revenue and liquor laws; (2) is | ||||||
21 | not a member of any affiliated group that produces more | ||||||
22 | than 25,000 gallons of wine per annum or produces any | ||||||
23 | other alcoholic liquor; (3) will not annually produce for | ||||||
24 | sale more than 25,000 gallons of wine; and (4) will not | ||||||
25 | annually sell more than 5,000 gallons of its wine to | ||||||
26 | retail licensees. |
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1 | (D) A self-distribution exemption holder shall | ||||||
2 | annually certify to the State Commission its production of | ||||||
3 | wine in the previous 12 months and its anticipated | ||||||
4 | production and sales for the next 12 months. The State | ||||||
5 | Commission may fine, suspend, or revoke a | ||||||
6 | self-distribution exemption after a hearing if it finds | ||||||
7 | that the exemption holder has made a material | ||||||
8 | misrepresentation in its application, violated a revenue | ||||||
9 | or liquor law of Illinois, exceeded production of 25,000 | ||||||
10 | gallons of wine in any calendar year, or become part of an | ||||||
11 | affiliated group producing more than 25,000 gallons of | ||||||
12 | wine or any other alcoholic liquor. | ||||||
13 | (E) Except in hearings for violations of this Act or | ||||||
14 | Public Act 95-634 or a bona fide investigation by duly | ||||||
15 | sworn law enforcement officials, the State Commission, or | ||||||
16 | its agents, the State Commission shall maintain the | ||||||
17 | production and sales information of a self-distribution | ||||||
18 | exemption holder as confidential and shall not release | ||||||
19 | such information to any person. | ||||||
20 | (F) The State Commission shall issue regulations | ||||||
21 | governing self-distribution exemptions consistent with | ||||||
22 | this Section and this Act. | ||||||
23 | (G) Nothing in this paragraph (17) shall prohibit a | ||||||
24 | self-distribution exemption holder from entering into or | ||||||
25 | simultaneously having a distribution agreement with a | ||||||
26 | licensed Illinois distributor. |
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1 | (H) It is the intent of this paragraph (17) to promote | ||||||
2 | and continue orderly markets. The General Assembly finds | ||||||
3 | that , in order to preserve Illinois' regulatory | ||||||
4 | distribution system , it is necessary to create an | ||||||
5 | exception for smaller makers of wine as their wines are | ||||||
6 | frequently adjusted in varietals, mixes, vintages, and | ||||||
7 | taste to find and create market niches sometimes too small | ||||||
8 | for distributor or importing distributor business | ||||||
9 | strategies. Limited self-distribution rights will afford | ||||||
10 | and allow smaller makers of wine access to the marketplace | ||||||
11 | in order to develop a customer base without impairing the | ||||||
12 | integrity of the 3-tier system.
| ||||||
13 | (18)(A) A class 1 brewer licensee, who must also be | ||||||
14 | either a licensed brewer or licensed non-resident dealer | ||||||
15 | and annually manufacture less than 930,000 gallons of | ||||||
16 | beer, may make application to the State Commission for a | ||||||
17 | self-distribution exemption to allow the sale of not more | ||||||
18 | than 232,500 gallons per year of the exemption holder's | ||||||
19 | beer per year to retail licensees and to brewers, class 1 | ||||||
20 | brewers, and class 2 brewers that, pursuant to subsection | ||||||
21 | (e) of Section 6-4 of this Act, sell beer, cider, mead, or | ||||||
22 | any combination thereof or both beer and cider to | ||||||
23 | non-licensees at their breweries. | ||||||
24 | (B) In the application, which shall be sworn under | ||||||
25 | penalty of perjury, the class 1 brewer licensee shall | ||||||
26 | state (1) the date it was established; (2) its volume of |
| |||||||
| |||||||
1 | beer manufactured and sold for each year since its | ||||||
2 | establishment; (3) its efforts to establish distributor | ||||||
3 | relationships; (4) that a self-distribution exemption is | ||||||
4 | necessary to facilitate the marketing of its beer; and (5) | ||||||
5 | that it will comply with the alcoholic beverage and | ||||||
6 | revenue laws of the United States, this State, and any | ||||||
7 | other state where it is licensed. | ||||||
8 | (C) Any application submitted shall be posted on the | ||||||
9 | State Commission's website at least 45 days prior to | ||||||
10 | action by the State Commission. The State Commission shall | ||||||
11 | approve the application for a self-distribution exemption | ||||||
12 | if the class 1 brewer licensee: (1) is in compliance with | ||||||
13 | the State, revenue, and alcoholic beverage laws; (2) is | ||||||
14 | not a member of any affiliated group that manufactures | ||||||
15 | more than 930,000 gallons of beer per annum or produces | ||||||
16 | any other alcoholic beverages; (3) shall not annually | ||||||
17 | manufacture for sale more than 930,000 gallons of beer; | ||||||
18 | (4) shall not annually sell more than 232,500 gallons of | ||||||
19 | its beer to retail licensees or to brewers, class 1 | ||||||
20 | brewers, and class 2 brewers that, pursuant to subsection | ||||||
21 | (e) of Section 6-4 of this Act, sell beer, cider, mead, or | ||||||
22 | any combination thereof or both beer and cider to | ||||||
23 | non-licensees at their breweries; and (5) has relinquished | ||||||
24 | any brew pub license held by the licensee, including any | ||||||
25 | ownership interest it held in the licensed brew pub. | ||||||
26 | (D) A self-distribution exemption holder shall |
| |||||||
| |||||||
1 | annually certify to the State Commission its manufacture | ||||||
2 | of beer during the previous 12 months and its anticipated | ||||||
3 | manufacture and sales of beer for the next 12 months. The | ||||||
4 | State Commission may fine, suspend, or revoke a | ||||||
5 | self-distribution exemption after a hearing if it finds | ||||||
6 | that the exemption holder has made a material | ||||||
7 | misrepresentation in its application, violated a revenue | ||||||
8 | or alcoholic beverage law of Illinois, exceeded the | ||||||
9 | manufacture of 930,000 gallons of beer in any calendar | ||||||
10 | year or became part of an affiliated group manufacturing | ||||||
11 | more than 930,000 gallons of beer or any other alcoholic | ||||||
12 | beverage. | ||||||
13 | (E) The State Commission shall issue rules and | ||||||
14 | regulations governing self-distribution exemptions | ||||||
15 | consistent with this Act. | ||||||
16 | (F) Nothing in this paragraph (18) shall prohibit a | ||||||
17 | self-distribution exemption holder from entering into or | ||||||
18 | simultaneously having a distribution agreement with a | ||||||
19 | licensed Illinois importing distributor or a distributor. | ||||||
20 | If a self-distribution exemption holder enters into a | ||||||
21 | distribution agreement and has assigned distribution | ||||||
22 | rights to an importing distributor or distributor, then | ||||||
23 | the self-distribution exemption holder's distribution | ||||||
24 | rights in the assigned territories shall cease in a | ||||||
25 | reasonable time not to exceed 60 days. | ||||||
26 | (G) It is the intent of this paragraph (18) to promote |
| |||||||
| |||||||
1 | and continue orderly markets. The General Assembly finds | ||||||
2 | that in order to preserve Illinois' regulatory | ||||||
3 | distribution system, it is necessary to create an | ||||||
4 | exception for smaller manufacturers in order to afford and | ||||||
5 | allow such smaller manufacturers of beer access to the | ||||||
6 | marketplace in order to develop a customer base without | ||||||
7 | impairing the integrity of the 3-tier system. | ||||||
8 | (19)(A) A class 1 craft distiller licensee or a | ||||||
9 | non-resident dealer who manufactures less than 50,000 | ||||||
10 | gallons of distilled spirits per year may make application | ||||||
11 | to the State Commission for a self-distribution exemption | ||||||
12 | to allow the sale of not more
than 5,000 gallons of the | ||||||
13 | exemption holder's spirits to retail licensees per year. | ||||||
14 | (B) In the application, which shall be sworn under | ||||||
15 | penalty of perjury, the class 1 craft distiller licensee | ||||||
16 | or non-resident dealer shall state (1) the date it was | ||||||
17 | established; (2) its volume of spirits manufactured and | ||||||
18 | sold for each year since its establishment; (3) its | ||||||
19 | efforts to establish distributor relationships; (4) that a | ||||||
20 | self-distribution exemption is necessary to facilitate the | ||||||
21 | marketing of its spirits; and (5) that it will comply with | ||||||
22 | the alcoholic beverage and revenue laws of the United | ||||||
23 | States, this State, and any other state where it is | ||||||
24 | licensed. | ||||||
25 | (C) Any application submitted shall be posted on the | ||||||
26 | State Commission's website at least 45 days prior to |
| |||||||
| |||||||
1 | action by the State Commission. The State Commission shall | ||||||
2 | approve the application for a self-distribution exemption | ||||||
3 | if the applicant: (1) is in compliance with State revenue | ||||||
4 | and alcoholic beverage laws; (2) is not a member of any | ||||||
5 | affiliated group that produces more than 50,000 gallons of | ||||||
6 | spirits per annum or produces any other alcoholic liquor; | ||||||
7 | (3) does not annually manufacture for sale more than | ||||||
8 | 50,000 gallons of spirits; and (4) does not annually sell | ||||||
9 | more than 5,000 gallons of its spirits to retail | ||||||
10 | licensees. | ||||||
11 | (D) A self-distribution exemption holder shall | ||||||
12 | annually certify to the State Commission its manufacture | ||||||
13 | of spirits during the previous 12 months and its | ||||||
14 | anticipated manufacture and sales of spirits for the next | ||||||
15 | 12 months. The State Commission may fine, suspend, or | ||||||
16 | revoke a self-distribution exemption after a hearing if it | ||||||
17 | finds that the exemption holder has made a material | ||||||
18 | misrepresentation in its application, violated a revenue | ||||||
19 | or alcoholic beverage law of Illinois, exceeded the | ||||||
20 | manufacture of 50,000 gallons of spirits in any calendar | ||||||
21 | year, or has become part of an affiliated group | ||||||
22 | manufacturing more than 50,000 gallons of spirits or any | ||||||
23 | other alcoholic beverage. | ||||||
24 | (E) The State Commission shall adopt rules governing | ||||||
25 | self-distribution exemptions consistent with this Act. | ||||||
26 | (F) Nothing in this paragraph (19) shall prohibit a |
| |||||||
| |||||||
1 | self-distribution exemption holder from entering into or | ||||||
2 | simultaneously having a distribution agreement with a | ||||||
3 | licensed Illinois importing distributor or a distributor. | ||||||
4 | (G) It is the intent of this paragraph (19) to promote | ||||||
5 | and continue orderly markets. The General Assembly finds | ||||||
6 | that in order to preserve Illinois' regulatory | ||||||
7 | distribution system, it is necessary to create an | ||||||
8 | exception for smaller manufacturers in order to afford and | ||||||
9 | allow such smaller manufacturers of spirits access to the | ||||||
10 | marketplace in order to develop a customer base without | ||||||
11 | impairing the
integrity of the 3-tier system. | ||||||
12 | (b) On or before April 30, 1999, the Commission shall | ||||||
13 | present a written
report to the Governor and the General | ||||||
14 | Assembly that shall be based on a study
of the impact of Public | ||||||
15 | Act 90-739 on the business of soliciting,
selling, and | ||||||
16 | shipping
alcoholic liquor from outside of this State directly | ||||||
17 | to residents of this
State.
| ||||||
18 | As part of its report, the Commission shall provide the | ||||||
19 | following
information:
| ||||||
20 | (i) the amount of State excise and sales tax revenues | ||||||
21 | generated as a
result of Public Act 90-739;
| ||||||
22 | (ii) the amount of licensing fees received as a result | ||||||
23 | of Public Act 90-739;
| ||||||
24 | (iii) the number of reported violations, the number of | ||||||
25 | cease and desist
notices issued by the Commission, the | ||||||
26 | number of notices of violations issued
to the Department |
| |||||||
| |||||||
1 | of Revenue, and the number of notices and complaints of
| ||||||
2 | violations to law enforcement officials.
| ||||||
3 | (Source: P.A. 100-134, eff. 8-18-17; 100-201, eff. 8-18-17; | ||||||
4 | 100-816, eff. 8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff. | ||||||
5 | 8-23-18; 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 101-482, | ||||||
6 | eff. 8-23-19; revised 9-20-19.) | ||||||
7 | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | ||||||
8 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
9 | Commission
shall be of the following classes: | ||||||
10 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
11 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| ||||||
12 | Manufacturer, Class 5. Second Class Wine Manufacturer, Class | ||||||
13 | 6. First Class Winemaker, Class 7. Second Class Winemaker, | ||||||
14 | Class 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, | ||||||
15 | Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft | ||||||
16 | Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer, | ||||||
17 | (b) Distributor's license, | ||||||
18 | (c) Importing Distributor's license, | ||||||
19 | (d) Retailer's license, | ||||||
20 | (e) Special Event Retailer's license (not-for-profit), | ||||||
21 | (f) Railroad license, | ||||||
22 | (g) Boat license, | ||||||
23 | (h) Non-Beverage User's license, | ||||||
24 | (i) Wine-maker's premises license, | ||||||
25 | (j) Airplane license, |
| |||||||
| |||||||
1 | (k) Foreign importer's license, | ||||||
2 | (l) Broker's license, | ||||||
3 | (m) Non-resident dealer's
license, | ||||||
4 | (n) Brew Pub license, | ||||||
5 | (o) Auction liquor license, | ||||||
6 | (p) Caterer retailer license, | ||||||
7 | (q) Special use permit license, | ||||||
8 | (r) Winery shipper's license, | ||||||
9 | (s) Craft distiller tasting permit, | ||||||
10 | (t) Brewer warehouse permit, | ||||||
11 | (u) Distilling pub license, | ||||||
12 | (v) Craft distiller warehouse permit. | ||||||
13 | No
person, firm, partnership, corporation, or other legal | ||||||
14 | business entity that is
engaged in the manufacturing of wine | ||||||
15 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
16 | wine manufacturer's license. | ||||||
17 | (a) A manufacturer's license shall allow the manufacture,
| ||||||
18 | importation in bulk, storage, distribution and sale of | ||||||
19 | alcoholic liquor
to persons without the State, as may be | ||||||
20 | permitted by law and to licensees
in this State as follows: | ||||||
21 | Class 1. A Distiller may make sales and deliveries of | ||||||
22 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
23 | distributors, distributors and
non-beverage users and to no | ||||||
24 | other licensees. | ||||||
25 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
26 | herein, may make
sales and deliveries of alcoholic liquor to |
| |||||||
| |||||||
1 | rectifiers, importing distributors,
distributors, retailers | ||||||
2 | and non-beverage users and to no other licensees. | ||||||
3 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
4 | importing
distributors and distributors and may make sales as | ||||||
5 | authorized under subsection (e) of Section 6-4 of this Act. | ||||||
6 | Class 4. A first class wine-manufacturer may make sales | ||||||
7 | and deliveries of
up to 50,000 gallons of wine to | ||||||
8 | manufacturers,
importing
distributors and distributors, and to | ||||||
9 | no other licensees. | ||||||
10 | Class 5. A second class Wine manufacturer may make sales | ||||||
11 | and deliveries
of more than 50,000 gallons of wine to | ||||||
12 | manufacturers, importing distributors
and distributors and to | ||||||
13 | no other licensees. | ||||||
14 | Class 6. A first-class wine-maker's license shall allow | ||||||
15 | the manufacture
of up to 50,000 gallons of wine per year, and | ||||||
16 | the
storage
and sale of such
wine to distributors in the State | ||||||
17 | and to persons without the
State, as may be permitted by law. A | ||||||
18 | person who, prior to June 1, 2008 (the effective date of Public | ||||||
19 | Act 95-634), is a holder of a first-class wine-maker's license | ||||||
20 | and annually produces more than 25,000 gallons of its own wine | ||||||
21 | and who distributes its wine to licensed retailers shall cease | ||||||
22 | this practice on or before July 1, 2008 in compliance with | ||||||
23 | Public Act 95-634. | ||||||
24 | Class 7. A second-class wine-maker's license shall allow | ||||||
25 | the manufacture
of between 50,000 and 150,000 gallons of wine | ||||||
26 | per year, and
the
storage and sale of such wine
to distributors |
| |||||||
| |||||||
1 | in this State and to persons without the State, as may be
| ||||||
2 | permitted by law. A person who, prior to June 1, 2008 (the | ||||||
3 | effective date of Public Act 95-634), is a holder of a | ||||||
4 | second-class wine-maker's license and annually produces more | ||||||
5 | than 25,000 gallons of its own wine and who distributes its | ||||||
6 | wine to licensed retailers shall cease this practice on or | ||||||
7 | before July 1, 2008 in compliance with Public Act 95-634. | ||||||
8 | Class 8. A limited wine-manufacturer may make sales and | ||||||
9 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
10 | distributors, and to
non-licensees in accordance with the | ||||||
11 | provisions of this Act. | ||||||
12 | Class 9. A craft distiller license, which may only be held | ||||||
13 | by a class 1 craft distiller licensee or class 2 craft | ||||||
14 | distiller licensee but not held by both a class 1 craft | ||||||
15 | distiller licensee and a class 2 craft distiller licensee, | ||||||
16 | shall grant all rights conveyed by either: (i) a class 1 craft | ||||||
17 | distiller license if the craft distiller holds a class 1 craft | ||||||
18 | distiller license; or (ii) a class 2 craft distiller licensee | ||||||
19 | if the craft distiller holds a class 2 craft distiller | ||||||
20 | license. | ||||||
21 | Class 10. A class 1 craft distiller license, which may | ||||||
22 | only be issued to a licensed craft distiller or licensed | ||||||
23 | non-resident dealer, shall allow the manufacture of up to | ||||||
24 | 50,000 gallons of spirits per year provided that the class 1 | ||||||
25 | craft distiller licensee does not manufacture more than a | ||||||
26 | combined 50,000 gallons of spirits per year and is not a member |
| |||||||
| |||||||
1 | of or affiliated with, directly or indirectly, a manufacturer | ||||||
2 | that produces more than 50,000 gallons of spirits per year or | ||||||
3 | any other alcoholic liquor. A class 1 craft distiller licensee | ||||||
4 | may make sales and deliveries to importing distributors and | ||||||
5 | distributors and to retail licensees in accordance with the | ||||||
6 | conditions set forth in paragraph (19) of subsection (a) of | ||||||
7 | Section 3-12 of this Act. However, the aggregate amount of | ||||||
8 | spirits sold to non-licensees and sold or delivered to retail | ||||||
9 | licensees may not exceed 5,000 gallons per year. | ||||||
10 | A class 1 craft distiller licensee may sell up to 5,000 | ||||||
11 | gallons of such spirits to non-licensees to the extent | ||||||
12 | permitted by any exemption approved by the State Commission | ||||||
13 | pursuant to Section 6-4 of this Act. A class 1 craft distiller | ||||||
14 | license holder may store such spirits at a non-contiguous | ||||||
15 | licensed location, but at no time shall a class 1 craft | ||||||
16 | distiller license holder directly or indirectly produce in the | ||||||
17 | aggregate more than 50,000 gallons of spirits per year. | ||||||
18 | A class 1 craft distiller licensee may hold more than one | ||||||
19 | class 1 craft distiller's license. However, a class 1 craft | ||||||
20 | distiller that holds more than one class 1 craft distiller | ||||||
21 | license shall not manufacture, in the aggregate, more than | ||||||
22 | 50,000 gallons of spirits by distillation per year and shall | ||||||
23 | not sell, in the aggregate, more than 5,000 gallons of such | ||||||
24 | spirits to non-licensees in accordance with an exemption | ||||||
25 | approved by the State Commission pursuant to Section 6-4 of | ||||||
26 | this Act. |
| |||||||
| |||||||
1 | Class 11. A class 2 craft distiller license, which may | ||||||
2 | only be issued to a licensed craft distiller or licensed | ||||||
3 | non-resident dealer, shall allow the manufacture of up to | ||||||
4 | 100,000 gallons of spirits per year provided that the class 2 | ||||||
5 | craft distiller licensee does not manufacture more than a | ||||||
6 | combined 100,000 gallons of spirits per year and is not a | ||||||
7 | member of or affiliated with, directly or indirectly, a | ||||||
8 | manufacturer that produces more than 100,000 gallons of | ||||||
9 | spirits per year or any other alcoholic liquor. A class 2 craft | ||||||
10 | distiller licensee may make sales and deliveries to importing | ||||||
11 | distributors and distributors, but shall not make sales or | ||||||
12 | deliveries to any other licensee. If the State Commission | ||||||
13 | provides prior approval, a class 2 craft distiller licensee | ||||||
14 | may annually transfer up to 100,000 gallons of spirits | ||||||
15 | manufactured by that class 2 craft distiller licensee to the | ||||||
16 | premises of a licensed class 2 craft distiller wholly owned | ||||||
17 | and operated by the same licensee. A class 2 craft distiller | ||||||
18 | may transfer spirits to a distilling pub wholly owned and | ||||||
19 | operated by the class 2 craft distiller subject to the | ||||||
20 | following limitations and restrictions: (i) the transfer shall | ||||||
21 | not annually exceed more than 5,000 gallons; (ii) the annual | ||||||
22 | amount transferred shall reduce the distilling pub's annual | ||||||
23 | permitted production limit; (iii) all spirits transferred | ||||||
24 | shall be subject to Article VIII of this Act; (iv) a written | ||||||
25 | record shall be maintained by the distiller and distilling pub | ||||||
26 | specifying the amount, date of delivery, and receipt of the |
| |||||||
| |||||||
1 | product by the distilling pub; and (v) the distilling pub | ||||||
2 | shall be located no farther than 80 miles from the class 2 | ||||||
3 | craft distiller's licensed location. | ||||||
4 | A class 2 craft distiller shall, prior to transferring | ||||||
5 | spirits to a distilling pub wholly owned by the class 2 craft | ||||||
6 | distiller, furnish a written notice to the State Commission of | ||||||
7 | intent to transfer spirits setting forth the name and address | ||||||
8 | of the distilling pub and shall annually submit to the State | ||||||
9 | Commission a verified report identifying the total gallons of | ||||||
10 | spirits transferred to the distilling pub wholly owned by the | ||||||
11 | class 2 craft distiller. | ||||||
12 | A class 2 craft distiller license holder may store such | ||||||
13 | spirits at a non-contiguous licensed location, but at no time | ||||||
14 | shall a class 2 craft distiller license holder directly or | ||||||
15 | indirectly produce in the aggregate more than 100,000 gallons | ||||||
16 | of spirits per year. | ||||||
17 | Class 12. A class 1 brewer license, which may only be | ||||||
18 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
19 | shall allow the manufacture of up to 930,000 gallons of beer | ||||||
20 | per year provided that the class 1 brewer licensee does not | ||||||
21 | manufacture more than a combined 930,000 gallons of beer per | ||||||
22 | year and is not a member of or affiliated with, directly or | ||||||
23 | indirectly, a manufacturer that produces more than 930,000 | ||||||
24 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
25 | 1 brewer licensee may make sales and deliveries to importing | ||||||
26 | distributors and distributors and to retail licensees in |
| |||||||
| |||||||
1 | accordance with the conditions set forth in paragraph (18) of | ||||||
2 | subsection (a) of Section 3-12 of this Act. If the State | ||||||
3 | Commission provides prior approval, a class 1 brewer may | ||||||
4 | annually transfer up to 930,000 gallons of beer manufactured | ||||||
5 | by that class 1 brewer to the premises of a licensed class 1 | ||||||
6 | brewer wholly owned and operated by the same licensee. | ||||||
7 | Class 13. A class 2 brewer license, which may only be | ||||||
8 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
9 | shall allow the manufacture of up to 3,720,000 gallons of beer | ||||||
10 | per year provided that the class 2 brewer licensee does not | ||||||
11 | manufacture more than a combined 3,720,000 gallons of beer per | ||||||
12 | year and is not a member of or affiliated with, directly or | ||||||
13 | indirectly, a manufacturer that produces more than 3,720,000 | ||||||
14 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
15 | 2 brewer licensee may make sales and deliveries to importing | ||||||
16 | distributors and distributors, but shall not make sales or | ||||||
17 | deliveries to any other licensee. If the State Commission | ||||||
18 | provides prior approval, a class 2 brewer licensee may | ||||||
19 | annually transfer up to 3,720,000 gallons of beer manufactured | ||||||
20 | by that class 2 brewer licensee to the premises of a licensed | ||||||
21 | class 2 brewer wholly owned and operated by the same licensee. | ||||||
22 | A class 2 brewer may transfer beer to a brew pub wholly | ||||||
23 | owned and operated by the class 2 brewer subject to the | ||||||
24 | following limitations and restrictions: (i) the transfer shall | ||||||
25 | not annually exceed more than 31,000 gallons; (ii) the annual | ||||||
26 | amount transferred shall reduce the brew pub's annual |
| |||||||
| |||||||
1 | permitted production limit; (iii) all beer transferred shall | ||||||
2 | be subject to Article VIII of this Act; (iv) a written record | ||||||
3 | shall be maintained by the brewer and brew pub specifying the | ||||||
4 | amount, date of delivery, and receipt of the product by the | ||||||
5 | brew pub; and (v) the brew pub shall be located no farther than | ||||||
6 | 80 miles from the class 2 brewer's licensed location. | ||||||
7 | A class 2 brewer shall, prior to transferring beer to a | ||||||
8 | brew pub wholly owned by the class 2 brewer, furnish a written | ||||||
9 | notice to the State Commission of intent to transfer beer | ||||||
10 | setting forth the name and address of the brew pub and shall | ||||||
11 | annually submit to the State Commission a verified report | ||||||
12 | identifying the total gallons of beer transferred to the brew | ||||||
13 | pub wholly owned by the class 2 brewer. | ||||||
14 | (a-1) A manufacturer which is licensed in this State to | ||||||
15 | make sales or
deliveries of alcoholic liquor to licensed | ||||||
16 | distributors or importing distributors and which enlists | ||||||
17 | agents, representatives, or
individuals acting on its behalf | ||||||
18 | who contact licensed retailers on a regular
and continual | ||||||
19 | basis in this State must register those agents, | ||||||
20 | representatives,
or persons acting on its behalf with the | ||||||
21 | State Commission. | ||||||
22 | Registration of agents, representatives, or persons acting | ||||||
23 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
24 | to the Commission. The form
shall be developed by the | ||||||
25 | Commission and shall include the name and address of
the | ||||||
26 | applicant, the name and address of the manufacturer he or she |
| |||||||
| |||||||
1 | represents,
the territory or areas assigned to sell to or | ||||||
2 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
3 | questions deemed appropriate and necessary.
All statements in | ||||||
4 | the forms required to be made by law or by rule shall be
deemed | ||||||
5 | material, and any person who knowingly misstates any material | ||||||
6 | fact under
oath in an application is guilty of a Class B | ||||||
7 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
8 | misleading statements, evasions, or
suppression of material | ||||||
9 | facts in the securing of a registration are grounds for
| ||||||
10 | suspension or revocation of the registration. The State | ||||||
11 | Commission shall post a list of registered agents on the | ||||||
12 | Commission's website. | ||||||
13 | (b) A distributor's license shall allow (i) the wholesale | ||||||
14 | purchase and storage
of alcoholic liquors and sale of | ||||||
15 | alcoholic liquors to licensees in this State and to persons | ||||||
16 | without the State, as may be permitted by law; (ii) the sale of | ||||||
17 | beer, cider, mead, or any combination thereof or both beer and | ||||||
18 | cider to brewers, class 1 brewers, and class 2 brewers that, | ||||||
19 | pursuant to subsection (e) of Section 6-4 of this Act, sell | ||||||
20 | beer, cider, mead, or any combination thereof or both beer and | ||||||
21 | cider to non-licensees at their breweries; and (iii) the sale | ||||||
22 | of vermouth to class 1 craft distillers and class 2 craft | ||||||
23 | distillers that, pursuant to subsection (e) of Section 6-4 of | ||||||
24 | this Act, sell spirits, vermouth, or both spirits and vermouth | ||||||
25 | to non-licensees at their distilleries. No person licensed as | ||||||
26 | a distributor shall be granted a non-resident dealer's |
| |||||||
| |||||||
1 | license. | ||||||
2 | (c) An importing distributor's license may be issued to | ||||||
3 | and held by
those only who are duly licensed distributors, | ||||||
4 | upon the filing of an
application by a duly licensed | ||||||
5 | distributor, with the Commission and
the Commission shall, | ||||||
6 | without the
payment of any fee, immediately issue such | ||||||
7 | importing distributor's
license to the applicant, which shall | ||||||
8 | allow the importation of alcoholic
liquor by the licensee into | ||||||
9 | this State from any point in the United
States outside this | ||||||
10 | State, and the purchase of alcoholic liquor in
barrels, casks | ||||||
11 | or other bulk containers and the bottling of such
alcoholic | ||||||
12 | liquors before resale thereof, but all bottles or containers
| ||||||
13 | so filled shall be sealed, labeled, stamped and otherwise made | ||||||
14 | to comply
with all provisions, rules and regulations governing | ||||||
15 | manufacturers in
the preparation and bottling of alcoholic | ||||||
16 | liquors. The importing
distributor's license shall permit such | ||||||
17 | licensee to purchase alcoholic
liquor from Illinois licensed | ||||||
18 | non-resident dealers and foreign importers only. No person | ||||||
19 | licensed as an importing distributor shall be granted a | ||||||
20 | non-resident dealer's license. | ||||||
21 | (d) A retailer's license shall allow the licensee to sell | ||||||
22 | and offer
for sale at retail, only in the premises specified in | ||||||
23 | the license,
alcoholic liquor for use or consumption, but not | ||||||
24 | for resale in any form. Nothing in Public Act 95-634 shall | ||||||
25 | deny, limit, remove, or restrict the ability of a holder of a | ||||||
26 | retailer's license to transfer, deliver, or ship alcoholic |
| |||||||
| |||||||
1 | liquor to the purchaser for use or consumption subject to any | ||||||
2 | applicable local law or ordinance. Any retail license issued | ||||||
3 | to a manufacturer shall only
permit the manufacturer to sell | ||||||
4 | beer at retail on the premises actually
occupied by the | ||||||
5 | manufacturer. For the purpose of further describing the type | ||||||
6 | of business conducted at a retail licensed premises, a | ||||||
7 | retailer's licensee may be designated by the State Commission | ||||||
8 | as (i) an on premise consumption retailer, (ii) an off premise | ||||||
9 | sale retailer, or (iii) a combined on premise consumption and | ||||||
10 | off premise sale retailer.
| ||||||
11 | Notwithstanding any other provision of this subsection | ||||||
12 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
13 | event retailer licensee for
resale to the extent permitted | ||||||
14 | under subsection (e). | ||||||
15 | (e) A special event retailer's license (not-for-profit) | ||||||
16 | shall permit the
licensee to purchase alcoholic liquors from | ||||||
17 | an Illinois licensed distributor
(unless the licensee | ||||||
18 | purchases less than $500 of alcoholic liquors for the
special | ||||||
19 | event, in which case the licensee may purchase the alcoholic | ||||||
20 | liquors
from a licensed retailer) and shall allow the licensee | ||||||
21 | to sell and offer for
sale, at retail, alcoholic liquors for | ||||||
22 | use or consumption, but not for resale
in any form and only at | ||||||
23 | the location and on the specific dates designated for
the | ||||||
24 | special event in the license. An applicant for a special event | ||||||
25 | retailer
license must
(i) furnish with the application: (A) a | ||||||
26 | resale number issued under Section
2c of the Retailers' |
| |||||||
| |||||||
1 | Occupation Tax Act or evidence that the applicant is
| ||||||
2 | registered under Section 2a of the Retailers' Occupation Tax | ||||||
3 | Act, (B) a
current, valid exemption identification
number | ||||||
4 | issued under Section 1g of the Retailers' Occupation Tax Act, | ||||||
5 | and a
certification to the Commission that the purchase of | ||||||
6 | alcoholic liquors will be
a tax-exempt purchase, or (C) a | ||||||
7 | statement that the applicant is not registered
under Section | ||||||
8 | 2a of the Retailers' Occupation Tax Act, does not hold a resale
| ||||||
9 | number under Section 2c of the Retailers' Occupation Tax Act, | ||||||
10 | and does not
hold an exemption number under Section 1g of the | ||||||
11 | Retailers' Occupation Tax
Act, in which event the Commission | ||||||
12 | shall set forth on the special event
retailer's license a | ||||||
13 | statement to that effect; (ii) submit with the application | ||||||
14 | proof satisfactory to
the State Commission that the applicant | ||||||
15 | will provide dram shop liability
insurance in the maximum | ||||||
16 | limits; and (iii) show proof satisfactory to the
State | ||||||
17 | Commission that the applicant has obtained local authority
| ||||||
18 | approval. | ||||||
19 | Nothing in this Act prohibits an Illinois licensed | ||||||
20 | distributor from offering credit or a refund for unused, | ||||||
21 | salable alcoholic liquors to a holder of a special event | ||||||
22 | retailer's license or the special event retailer's licensee | ||||||
23 | from accepting the credit or refund of alcoholic liquors at | ||||||
24 | the conclusion of the event specified in the license. | ||||||
25 | (f) A railroad license shall permit the licensee to import | ||||||
26 | alcoholic
liquors into this State from any point in the United |
| |||||||
| |||||||
1 | States outside this
State and to store such alcoholic liquors | ||||||
2 | in this State; to make wholesale
purchases of alcoholic | ||||||
3 | liquors directly from manufacturers, foreign
importers, | ||||||
4 | distributors and importing distributors from within or outside
| ||||||
5 | this State; and to store such alcoholic liquors in this State; | ||||||
6 | provided
that the above powers may be exercised only in | ||||||
7 | connection with the
importation, purchase or storage of | ||||||
8 | alcoholic liquors to be sold or
dispensed on a club, buffet, | ||||||
9 | lounge or dining car operated on an electric,
gas or steam | ||||||
10 | railway in this State; and provided further, that railroad
| ||||||
11 | licensees exercising the above powers shall be subject to all | ||||||
12 | provisions of
Article VIII of this Act as applied to importing | ||||||
13 | distributors. A railroad
license shall also permit the | ||||||
14 | licensee to sell or dispense alcoholic
liquors on any club, | ||||||
15 | buffet, lounge or dining car operated on an electric,
gas or | ||||||
16 | steam railway regularly operated by a common carrier in this | ||||||
17 | State,
but shall not permit the sale for resale of any | ||||||
18 | alcoholic liquors to any
licensee within this State. A license | ||||||
19 | shall be obtained for each car in which
such sales are made. | ||||||
20 | (g) A boat license shall allow the sale of alcoholic | ||||||
21 | liquor in
individual drinks, on any passenger boat regularly | ||||||
22 | operated as a common
carrier on navigable waters in this State | ||||||
23 | or on any riverboat operated
under
the Illinois Gambling Act, | ||||||
24 | which boat or riverboat maintains a public
dining room or | ||||||
25 | restaurant thereon. | ||||||
26 | (h) A non-beverage user's license shall allow the licensee |
| |||||||
| |||||||
1 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
2 | importing
distributor, without the imposition of any tax upon | ||||||
3 | the business of such
licensed manufacturer or importing | ||||||
4 | distributor as to such alcoholic
liquor to be used by such | ||||||
5 | licensee solely for the non-beverage purposes
set forth in | ||||||
6 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
7 | shall be divided and classified and shall permit the
purchase, | ||||||
8 | possession and use of limited and stated quantities of
| ||||||
9 | alcoholic liquor as follows: | ||||||
10 | Class 1, not to exceed ......................... 500 gallons
| ||||||
11 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
12 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
13 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
14 | Class 5, not to exceed ....................... 50,000 gallons | ||||||
15 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
16 | that concurrently holds a first-class wine-maker's license to | ||||||
17 | sell
and offer for sale at retail in the premises specified in | ||||||
18 | such license
not more than 50,000 gallons of the first-class | ||||||
19 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
20 | licensed premises per year for use or
consumption, but not for | ||||||
21 | resale in any form. A wine-maker's premises
license shall | ||||||
22 | allow a licensee who concurrently holds a second-class
| ||||||
23 | wine-maker's license to sell and offer for sale at retail in | ||||||
24 | the premises
specified in such license up to 100,000 gallons | ||||||
25 | of the
second-class wine-maker's wine that is made at the | ||||||
26 | second-class wine-maker's
licensed premises per year
for use |
| |||||||
| |||||||
1 | or consumption but not for resale in any form. A wine-maker's | ||||||
2 | premises license shall allow a
licensee that concurrently | ||||||
3 | holds a first-class wine-maker's license or a second-class
| ||||||
4 | wine-maker's license to sell
and offer for sale at retail at | ||||||
5 | the premises specified in the wine-maker's premises license, | ||||||
6 | for use or consumption but not for resale in any form, any | ||||||
7 | beer, wine, and spirits purchased from a licensed distributor. | ||||||
8 | Upon approval from the
State Commission, a wine-maker's | ||||||
9 | premises license
shall allow the licensee to sell and offer | ||||||
10 | for sale at (i) the wine-maker's
licensed premises and (ii) at | ||||||
11 | up to 2 additional locations for use and
consumption and not | ||||||
12 | for resale. Each location shall require additional
licensing | ||||||
13 | per location as specified in Section 5-3 of this Act. A | ||||||
14 | wine-maker's premises licensee shall
secure liquor liability | ||||||
15 | insurance coverage in an amount at
least equal to the maximum | ||||||
16 | liability amounts set forth in
subsection (a) of Section 6-21 | ||||||
17 | of this Act.
| ||||||
18 | (j) An airplane license shall permit the licensee to | ||||||
19 | import
alcoholic liquors into this State from any point in the | ||||||
20 | United States
outside this State and to store such alcoholic | ||||||
21 | liquors in this State; to
make wholesale purchases of | ||||||
22 | alcoholic liquors directly from
manufacturers, foreign | ||||||
23 | importers, distributors and importing
distributors from within | ||||||
24 | or outside this State; and to store such
alcoholic liquors in | ||||||
25 | this State; provided that the above powers may be
exercised | ||||||
26 | only in connection with the importation, purchase or storage
|
| |||||||
| |||||||
1 | of alcoholic liquors to be sold or dispensed on an airplane; | ||||||
2 | and
provided further, that airplane licensees exercising the | ||||||
3 | above powers
shall be subject to all provisions of Article | ||||||
4 | VIII of this Act as
applied to importing distributors. An | ||||||
5 | airplane licensee shall also
permit the sale or dispensing of | ||||||
6 | alcoholic liquors on any passenger
airplane regularly operated | ||||||
7 | by a common carrier in this State, but shall
not permit the | ||||||
8 | sale for resale of any alcoholic liquors to any licensee
| ||||||
9 | within this State. A single airplane license shall be required | ||||||
10 | of an
airline company if liquor service is provided on board | ||||||
11 | aircraft in this
State. The annual fee for such license shall | ||||||
12 | be as determined in
Section 5-3. | ||||||
13 | (k) A foreign importer's license shall permit such | ||||||
14 | licensee to purchase
alcoholic liquor from Illinois licensed | ||||||
15 | non-resident dealers only, and to
import alcoholic liquor | ||||||
16 | other than in bulk from any point outside the
United States and | ||||||
17 | to sell such alcoholic liquor to Illinois licensed
importing | ||||||
18 | distributors and to no one else in Illinois;
provided that (i) | ||||||
19 | the foreign importer registers with the State Commission
every
| ||||||
20 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
21 | licensees during the
license period, (ii) the foreign importer | ||||||
22 | complies with all of the provisions
of Section
6-9 of this Act | ||||||
23 | with respect to registration of such Illinois licensees as may
| ||||||
24 | be granted the
right to sell such brands at wholesale, and | ||||||
25 | (iii) the foreign importer complies with the provisions of | ||||||
26 | Sections 6-5 and 6-6 of this Act to the same extent that these |
| |||||||
| |||||||
1 | provisions apply to manufacturers. | ||||||
2 | (l) (i) A broker's license shall be required of all | ||||||
3 | persons
who solicit
orders for, offer to sell or offer to | ||||||
4 | supply alcoholic liquor to
retailers in the State of Illinois, | ||||||
5 | or who offer to retailers to ship or
cause to be shipped or to | ||||||
6 | make contact with distillers, craft distillers, rectifiers,
| ||||||
7 | brewers or manufacturers or any other party within or without | ||||||
8 | the State
of Illinois in order that alcoholic liquors be | ||||||
9 | shipped to a distributor,
importing distributor or foreign | ||||||
10 | importer, whether such solicitation or
offer is consummated | ||||||
11 | within or without the State of Illinois. | ||||||
12 | No holder of a retailer's license issued by the Illinois | ||||||
13 | Liquor
Control Commission shall purchase or receive any | ||||||
14 | alcoholic liquor, the
order for which was solicited or offered | ||||||
15 | for sale to such retailer by a
broker unless the broker is the | ||||||
16 | holder of a valid broker's license. | ||||||
17 | The broker shall, upon the acceptance by a retailer of the | ||||||
18 | broker's
solicitation of an order or offer to sell or supply or | ||||||
19 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
20 | to the Illinois Liquor
Control Commission a notification of | ||||||
21 | said transaction in such form as
the Commission may by | ||||||
22 | regulations prescribe. | ||||||
23 | (ii) A broker's license shall be required of
a person | ||||||
24 | within this State, other than a retail licensee,
who, for a fee | ||||||
25 | or commission, promotes, solicits, or accepts orders for
| ||||||
26 | alcoholic liquor, for use or consumption and not for
resale, |
| |||||||
| |||||||
1 | to be shipped from this State and delivered to residents | ||||||
2 | outside of
this State by an express company, common carrier, | ||||||
3 | or contract carrier.
This Section does not apply to any person | ||||||
4 | who promotes, solicits, or accepts
orders for wine as | ||||||
5 | specifically authorized in Section 6-29 of this Act. | ||||||
6 | A broker's license under this subsection (l)
shall not | ||||||
7 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
8 | own account or to take or deliver title to
such alcoholic | ||||||
9 | liquors. | ||||||
10 | This subsection (l)
shall not apply to distributors, | ||||||
11 | employees of
distributors, or employees of a manufacturer who | ||||||
12 | has registered the
trademark, brand or name of the alcoholic | ||||||
13 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
14 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
15 | its registrants thereunder. | ||||||
16 | Any agent, representative, or person subject to | ||||||
17 | registration pursuant to
subsection (a-1) of this Section | ||||||
18 | shall not be eligible to receive a broker's
license. | ||||||
19 | (m) A non-resident dealer's license shall permit such | ||||||
20 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
21 | State from any point
outside of this State, and to sell such | ||||||
22 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
23 | importing distributors and to no one else in this State;
| ||||||
24 | provided that (i) said non-resident dealer shall register with | ||||||
25 | the Illinois Liquor
Control Commission each and every brand of | ||||||
26 | alcoholic liquor which it proposes
to sell to Illinois |
| |||||||
| |||||||
1 | licensees during the license period, (ii) it shall comply with | ||||||
2 | all of the provisions of Section 6-9 hereof with
respect to | ||||||
3 | registration of such Illinois licensees as may be granted the | ||||||
4 | right
to sell such brands at wholesale by duly filing such | ||||||
5 | registration statement, thereby authorizing the non-resident | ||||||
6 | dealer to proceed to sell such brands at wholesale, and (iii) | ||||||
7 | the non-resident dealer shall comply with the provisions of | ||||||
8 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
9 | provisions apply to manufacturers. No person licensed as a | ||||||
10 | non-resident dealer shall be granted a distributor's or | ||||||
11 | importing distributor's license. | ||||||
12 | (n) A brew pub license shall allow the licensee to only (i) | ||||||
13 | manufacture up to 155,000 gallons of beer per year only
on the | ||||||
14 | premises specified in the license, (ii) make sales of the
beer | ||||||
15 | manufactured on the premises or, with the approval of the | ||||||
16 | Commission, beer manufactured on another brew pub licensed | ||||||
17 | premises that is wholly owned and operated by the same | ||||||
18 | licensee to importing distributors, distributors,
and to | ||||||
19 | non-licensees for use and consumption, (iii) store the beer | ||||||
20 | upon
the premises, (iv) sell and offer for sale at retail from | ||||||
21 | the licensed
premises for off-premises
consumption no more | ||||||
22 | than 155,000 gallons per year so long as such sales are only | ||||||
23 | made in-person, (v) sell and offer for sale at retail for use | ||||||
24 | and consumption on the premises specified in the license any | ||||||
25 | form of alcoholic liquor purchased from a licensed distributor | ||||||
26 | or importing distributor, (vi) with the prior approval of the |
| |||||||
| |||||||
1 | Commission, annually transfer no more than 155,000 gallons of | ||||||
2 | beer manufactured on the premises to a licensed brew pub | ||||||
3 | wholly owned and operated by the same licensee, and (vii) | ||||||
4 | notwithstanding item (i) of this subsection, brew pubs wholly | ||||||
5 | owned and operated by the same licensee may combine each | ||||||
6 | location's production limit of 155,000 gallons of beer per | ||||||
7 | year and allocate the aggregate total between the wholly | ||||||
8 | owned, operated, and licensed locations. | ||||||
9 | A brew pub licensee shall not under any circumstance sell | ||||||
10 | or offer for sale beer manufactured by the brew pub licensee to | ||||||
11 | retail licensees. | ||||||
12 | A person who holds a class 2 brewer license may | ||||||
13 | simultaneously hold a brew pub license if the class 2 brewer | ||||||
14 | (i) does not, under any circumstance, sell or offer for sale | ||||||
15 | beer manufactured by the class 2 brewer to retail licensees; | ||||||
16 | (ii) does not hold more than 3 brew pub licenses in this State; | ||||||
17 | (iii) does not manufacture more than a combined 3,720,000 | ||||||
18 | gallons of beer per year, including the beer manufactured at | ||||||
19 | the brew pub; and (iv) is not a member of or affiliated with, | ||||||
20 | directly or indirectly, a manufacturer that produces more than | ||||||
21 | 3,720,000 gallons of beer per year or any other alcoholic | ||||||
22 | liquor. | ||||||
23 | Notwithstanding any other provision of this Act, a | ||||||
24 | licensed brewer, class 2 brewer, or non-resident dealer who | ||||||
25 | before July 1, 2015 manufactured less than 3,720,000 gallons | ||||||
26 | of beer per year and held a brew pub license on or before July |
| |||||||
| |||||||
1 | 1, 2015 may (i) continue to qualify for and hold that brew pub | ||||||
2 | license for the licensed premises and (ii) manufacture more | ||||||
3 | than 3,720,000 gallons of beer per year and continue to | ||||||
4 | qualify for and hold that brew pub license if that brewer, | ||||||
5 | class 2 brewer, or non-resident dealer does not simultaneously | ||||||
6 | hold a class 1 brewer license and is not a member of or | ||||||
7 | affiliated with, directly or indirectly, a manufacturer that | ||||||
8 | produces more than 3,720,000 gallons of beer per year or that | ||||||
9 | produces any other alcoholic liquor. | ||||||
10 | (o) A caterer retailer license shall allow the holder
to | ||||||
11 | serve alcoholic liquors as an incidental part of a food | ||||||
12 | service that serves
prepared meals which excludes the serving | ||||||
13 | of snacks as
the primary meal, either on or off-site whether | ||||||
14 | licensed or unlicensed. A caterer retailer license shall allow | ||||||
15 | the holder, a distributor, or an importing distributor to | ||||||
16 | transfer any inventory to and from the holder's retail | ||||||
17 | premises and shall allow the holder to purchase alcoholic | ||||||
18 | liquor from a distributor or importing distributor to be | ||||||
19 | delivered directly to an off-site event. | ||||||
20 | Nothing in this Act prohibits a distributor or importing | ||||||
21 | distributor from offering credit or a refund for unused, | ||||||
22 | salable beer to a holder of a caterer retailer license or a | ||||||
23 | caterer retailer licensee from accepting a credit or refund | ||||||
24 | for unused, salable beer, in the event an act of God is the | ||||||
25 | sole reason an off-site event is cancelled and if: (i) the | ||||||
26 | holder of a caterer retailer license has not transferred |
| |||||||
| |||||||
1 | alcoholic liquor from its caterer retailer premises to an | ||||||
2 | off-site location; (ii) the distributor or importing | ||||||
3 | distributor offers the credit or refund for the unused, | ||||||
4 | salable beer that it delivered to the off-site premises and | ||||||
5 | not for any unused, salable beer that the distributor or | ||||||
6 | importing distributor delivered to the caterer retailer's | ||||||
7 | premises; and (iii) the unused, salable beer would likely | ||||||
8 | spoil if transferred to the caterer retailer's premises. A | ||||||
9 | caterer retailer license shall allow the holder to transfer | ||||||
10 | any inventory from any off-site location to its caterer | ||||||
11 | retailer premises at the conclusion of an off-site event or | ||||||
12 | engage a distributor or importing distributor to transfer any | ||||||
13 | inventory from any off-site location to its caterer retailer | ||||||
14 | premises at the conclusion of an off-site event, provided that | ||||||
15 | the distributor or importing distributor issues bona fide | ||||||
16 | charges to the caterer retailer licensee for fuel, labor, and | ||||||
17 | delivery and the distributor or importing distributor collects | ||||||
18 | payment from the caterer retailer licensee prior to the | ||||||
19 | distributor or importing distributor transferring inventory to | ||||||
20 | the caterer retailer premises. | ||||||
21 | For purposes of this subsection (o), an "act of God" means | ||||||
22 | an unforeseeable event, such as a rain or snow storm, hail, a | ||||||
23 | flood, or a similar event, that is the sole cause of the | ||||||
24 | cancellation of an off-site, outdoor event. | ||||||
25 | (p) An auction liquor license shall allow the licensee to | ||||||
26 | sell and offer
for sale at auction wine and spirits for use or |
| |||||||
| |||||||
1 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
2 | accordance with provisions of this Act. An
auction liquor | ||||||
3 | license will be issued to a person and it will permit the
| ||||||
4 | auction liquor licensee to hold the auction anywhere in the | ||||||
5 | State. An auction
liquor license must be obtained for each | ||||||
6 | auction at least 14 days in advance of
the auction date. | ||||||
7 | (q) A special use permit license shall allow an Illinois | ||||||
8 | licensed
retailer to transfer a portion of its alcoholic | ||||||
9 | liquor inventory from its
retail licensed premises to the | ||||||
10 | premises specified in the license hereby
created; to purchase | ||||||
11 | alcoholic liquor from a distributor or importing distributor | ||||||
12 | to be delivered directly to the location specified in the | ||||||
13 | license hereby created; and to sell or offer for sale at | ||||||
14 | retail, only in the premises
specified in the license hereby | ||||||
15 | created, the transferred or delivered alcoholic liquor for
use | ||||||
16 | or consumption, but not for resale in any form. A special use | ||||||
17 | permit
license may be granted for the following time periods: | ||||||
18 | one day or less; 2 or
more days to a maximum of 15 days per | ||||||
19 | location in any 12-month period. An
applicant for the special | ||||||
20 | use permit license must also submit with the
application proof | ||||||
21 | satisfactory to the State Commission that the applicant will
| ||||||
22 | provide dram shop liability insurance to the maximum limits | ||||||
23 | and have local
authority approval. | ||||||
24 | A special use permit license shall allow the holder to | ||||||
25 | transfer any inventory from the holder's special use premises | ||||||
26 | to its retail premises at the conclusion of the special use |
| |||||||
| |||||||
1 | event or engage a distributor or importing distributor to | ||||||
2 | transfer any inventory from the holder's special use premises | ||||||
3 | to its retail premises at the conclusion of an off-site event, | ||||||
4 | provided that the distributor or importing distributor issues | ||||||
5 | bona fide charges to the special use permit licensee for fuel, | ||||||
6 | labor, and delivery and the distributor or importing | ||||||
7 | distributor collects payment from the retail licensee prior to | ||||||
8 | the distributor or importing distributor transferring | ||||||
9 | inventory to the retail premises. | ||||||
10 | Nothing in this Act prohibits a distributor or importing | ||||||
11 | distributor from offering credit or a refund for unused, | ||||||
12 | salable beer to a special use permit licensee or a special use | ||||||
13 | permit licensee from accepting a credit or refund for unused, | ||||||
14 | salable beer at the conclusion of the event specified in the | ||||||
15 | license if: (i) the holder of the special use permit license | ||||||
16 | has not transferred alcoholic liquor from its retail licensed | ||||||
17 | premises to the premises specified in the special use permit | ||||||
18 | license; (ii) the distributor or importing distributor offers | ||||||
19 | the credit or refund for the unused, salable beer that it | ||||||
20 | delivered to the premises specified in the special use permit | ||||||
21 | license and not for any unused, salable beer that the | ||||||
22 | distributor or importing distributor delivered to the | ||||||
23 | retailer's premises; and (iii) the unused, salable beer would | ||||||
24 | likely spoil if transferred to the retailer premises. | ||||||
25 | (r) A winery shipper's license shall allow a person
with a | ||||||
26 | first-class or second-class wine manufacturer's
license, a |
| |||||||
| |||||||
1 | first-class or second-class wine-maker's license,
or a limited | ||||||
2 | wine manufacturer's license or who is licensed to
make wine | ||||||
3 | under the laws of another state to ship wine
made by that | ||||||
4 | licensee directly to a resident of this
State who is 21 years | ||||||
5 | of age or older for that resident's
personal use and not for | ||||||
6 | resale. Prior to receiving a
winery shipper's license, an | ||||||
7 | applicant for the license must
provide the Commission with a | ||||||
8 | true copy of its current
license in any state in which it is | ||||||
9 | licensed as a manufacturer
of wine. An applicant for a winery | ||||||
10 | shipper's license must
also complete an application form that | ||||||
11 | provides any other
information the Commission deems necessary. | ||||||
12 | The application form shall include all addresses from which | ||||||
13 | the applicant for a winery shipper's license intends to ship | ||||||
14 | wine, including the name and address of any third party, | ||||||
15 | except for a common carrier, authorized to ship wine on behalf | ||||||
16 | of the manufacturer. The
application form shall include an | ||||||
17 | acknowledgement consenting
to the jurisdiction of the | ||||||
18 | Commission, the Illinois
Department of Revenue, and the courts | ||||||
19 | of this State concerning
the enforcement of this Act and any | ||||||
20 | related laws, rules, and
regulations, including authorizing | ||||||
21 | the Department of Revenue
and the Commission to conduct audits | ||||||
22 | for the purpose of
ensuring compliance with Public Act 95-634, | ||||||
23 | and an acknowledgement that the wine manufacturer is in | ||||||
24 | compliance with Section 6-2 of this Act. Any third party, | ||||||
25 | except for a common carrier, authorized to ship wine on behalf | ||||||
26 | of a first-class or second-class wine manufacturer's licensee, |
| |||||||
| |||||||
1 | a first-class or second-class wine-maker's licensee, a limited | ||||||
2 | wine manufacturer's licensee, or a person who is licensed to | ||||||
3 | make wine under the laws of another state shall also be | ||||||
4 | disclosed by the winery shipper's licensee, and a copy of the | ||||||
5 | written appointment of the third-party wine provider, except | ||||||
6 | for a common carrier, to the wine manufacturer shall be filed | ||||||
7 | with the State Commission as a supplement to the winery | ||||||
8 | shipper's license application or any renewal thereof. The | ||||||
9 | winery shipper's license holder shall affirm under penalty of | ||||||
10 | perjury, as part of the winery shipper's license application | ||||||
11 | or renewal, that he or she only ships wine, either directly or | ||||||
12 | indirectly through a third-party provider, from the licensee's | ||||||
13 | own production. | ||||||
14 | Except for a common carrier, a third-party provider | ||||||
15 | shipping wine on behalf of a winery shipper's license holder | ||||||
16 | is the agent of the winery shipper's license holder and, as | ||||||
17 | such, a winery shipper's license holder is responsible for the | ||||||
18 | acts and omissions of the third-party provider acting on | ||||||
19 | behalf of the license holder. A third-party provider, except | ||||||
20 | for a common carrier, that engages in shipping wine into | ||||||
21 | Illinois on behalf of a winery shipper's license holder shall | ||||||
22 | consent to the jurisdiction of the State Commission and the | ||||||
23 | State. Any third-party, except for a common carrier, holding | ||||||
24 | such an appointment shall, by February 1 of each calendar year | ||||||
25 | and upon request by the State Commission or the Department of | ||||||
26 | Revenue, file with the State Commission a statement detailing |
| |||||||
| |||||||
1 | each shipment made to an Illinois resident. The statement | ||||||
2 | shall include the name and address of the third-party provider | ||||||
3 | filing the statement, the time period covered by the | ||||||
4 | statement, and the following information: | ||||||
5 | (1) the name, address, and license number of the | ||||||
6 | winery shipper on whose behalf the shipment was made; | ||||||
7 | (2) the quantity of the products delivered; and | ||||||
8 | (3) the date and address of the shipment. | ||||||
9 | If the Department of Revenue or the State Commission requests | ||||||
10 | a statement under this paragraph, the third-party provider | ||||||
11 | must provide that statement no later than 30 days after the | ||||||
12 | request is made. Any books, records, supporting papers, and | ||||||
13 | documents containing information and data relating to a | ||||||
14 | statement under this paragraph shall be kept and preserved for | ||||||
15 | a period of 3 years, unless their destruction sooner is | ||||||
16 | authorized, in writing, by the Director of Revenue, and shall | ||||||
17 | be open and available to inspection by the Director of Revenue | ||||||
18 | or the State Commission or any duly authorized officer, agent, | ||||||
19 | or employee of the State Commission or the Department of | ||||||
20 | Revenue, at all times during business hours of the day. Any | ||||||
21 | person who violates any provision of this paragraph or any | ||||||
22 | rule of the State Commission for the administration and | ||||||
23 | enforcement of the provisions of this paragraph is guilty of a | ||||||
24 | Class C misdemeanor. In case of a continuing violation, each | ||||||
25 | day's continuance thereof shall be a separate and distinct | ||||||
26 | offense. |
| |||||||
| |||||||
1 | The State Commission shall adopt rules as soon as | ||||||
2 | practicable to implement the requirements of Public Act 99-904 | ||||||
3 | and shall adopt rules prohibiting any such third-party | ||||||
4 | appointment of a third-party provider, except for a common | ||||||
5 | carrier, that has been deemed by the State Commission to have | ||||||
6 | violated the provisions of this Act with regard to any winery | ||||||
7 | shipper licensee. | ||||||
8 | A winery shipper licensee must pay to the Department
of | ||||||
9 | Revenue the State liquor gallonage tax under Section 8-1 for
| ||||||
10 | all wine that is sold by the licensee and shipped to a person
| ||||||
11 | in this State. For the purposes of Section 8-1, a winery
| ||||||
12 | shipper licensee shall be taxed in the same manner as a
| ||||||
13 | manufacturer of wine. A licensee who is not otherwise required | ||||||
14 | to register under the Retailers' Occupation Tax Act must
| ||||||
15 | register under the Use Tax Act to collect and remit use tax to
| ||||||
16 | the Department of Revenue for all gallons of wine that are sold
| ||||||
17 | by the licensee and shipped to persons in this State. If a
| ||||||
18 | licensee fails to remit the tax imposed under this Act in
| ||||||
19 | accordance with the provisions of Article VIII of this Act, | ||||||
20 | the
winery shipper's license shall be revoked in accordance
| ||||||
21 | with the provisions of Article VII of this Act. If a licensee
| ||||||
22 | fails to properly register and remit tax under the Use Tax Act
| ||||||
23 | or the Retailers' Occupation Tax Act for all wine that is sold
| ||||||
24 | by the winery shipper and shipped to persons in this
State, the | ||||||
25 | winery shipper's license shall be revoked in
accordance with | ||||||
26 | the provisions of Article VII of this Act. |
| |||||||
| |||||||
1 | A winery shipper licensee must collect, maintain, and
| ||||||
2 | submit to the Commission on a semi-annual basis the
total | ||||||
3 | number of cases per resident of wine shipped to residents
of | ||||||
4 | this State.
A winery shipper licensed under this subsection | ||||||
5 | (r)
must comply with the requirements of Section 6-29 of this | ||||||
6 | Act. | ||||||
7 | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | ||||||
8 | Section 3-12, the State Commission may receive, respond to, | ||||||
9 | and investigate any complaint and impose any of the remedies | ||||||
10 | specified in paragraph (1) of subsection (a) of Section 3-12. | ||||||
11 | As used in this subsection, "third-party provider" means | ||||||
12 | any entity that provides fulfillment house services, including | ||||||
13 | warehousing, packaging, distribution, order processing, or | ||||||
14 | shipment of wine, but not the sale of wine, on behalf of a | ||||||
15 | licensed winery shipper. | ||||||
16 | (s) A craft distiller tasting permit license shall allow | ||||||
17 | an Illinois licensed class 1 craft distiller or class 2 craft | ||||||
18 | distiller to transfer a portion of its alcoholic liquor | ||||||
19 | inventory from its class 1 craft distiller or class 2 craft | ||||||
20 | distiller licensed premises to the premises specified in the | ||||||
21 | license hereby created and to conduct a sampling, only in the | ||||||
22 | premises specified in the license hereby created, of the | ||||||
23 | transferred alcoholic liquor in accordance with subsection (c) | ||||||
24 | of Section 6-31 of this Act. The transferred alcoholic liquor | ||||||
25 | may not be sold or resold in any form. An applicant for the | ||||||
26 | craft distiller tasting permit license must also submit with |
| |||||||
| |||||||
1 | the application proof satisfactory to the State Commission | ||||||
2 | that the applicant will provide dram shop liability insurance | ||||||
3 | to the maximum limits and have local authority approval. | ||||||
4 | (t) A brewer warehouse permit may be issued to the holder | ||||||
5 | of a class 1 brewer license or a class 2 brewer license. If the | ||||||
6 | holder of the permit is a class 1 brewer licensee, the brewer | ||||||
7 | warehouse permit shall allow the holder to store or warehouse | ||||||
8 | up to 930,000 gallons of tax-determined beer manufactured by | ||||||
9 | the holder of the permit at the premises specified on the | ||||||
10 | permit. If the holder of the permit is a class 2 brewer | ||||||
11 | licensee, the brewer warehouse permit shall allow the holder | ||||||
12 | to store or warehouse up to 3,720,000 gallons of | ||||||
13 | tax-determined beer manufactured by the holder of the permit | ||||||
14 | at the premises specified on the permit. Sales to | ||||||
15 | non-licensees are prohibited at the premises specified in the | ||||||
16 | brewer warehouse permit. | ||||||
17 | (u) A distilling pub license shall allow the licensee to | ||||||
18 | only (i) manufacture up to 5,000 gallons of spirits per year | ||||||
19 | only on the premises specified in the license, (ii) make sales | ||||||
20 | of the spirits manufactured on the premises or, with the | ||||||
21 | approval of the State Commission, spirits manufactured on | ||||||
22 | another distilling pub licensed premises that is wholly owned | ||||||
23 | and operated by the same licensee to importing distributors | ||||||
24 | and distributors and to non-licensees for use and consumption, | ||||||
25 | (iii) store the spirits upon the premises, (iv) sell and offer | ||||||
26 | for sale at retail from the licensed premises for off-premises |
| |||||||
| |||||||
1 | consumption no more than 5,000 gallons per year so long as such | ||||||
2 | sales are only made in-person, (v) sell and offer for sale at | ||||||
3 | retail for use and consumption on the premises specified in | ||||||
4 | the license any form of alcoholic liquor purchased from a | ||||||
5 | licensed distributor or importing distributor, and (vi) with | ||||||
6 | the prior approval of the State Commission, annually transfer | ||||||
7 | no more than 5,000 gallons of spirits manufactured on the | ||||||
8 | premises to a licensed distilling pub wholly owned and | ||||||
9 | operated by the same licensee. | ||||||
10 | A distilling pub licensee shall not under any circumstance | ||||||
11 | sell or offer for sale spirits manufactured by the distilling | ||||||
12 | pub licensee to retail licensees. | ||||||
13 | A person who holds a class 2 craft distiller license may | ||||||
14 | simultaneously hold a distilling pub license if the class 2 | ||||||
15 | craft distiller (i) does not, under any circumstance, sell or | ||||||
16 | offer for sale spirits manufactured by the class 2 craft | ||||||
17 | distiller to retail licensees; (ii) does not hold more than 3 | ||||||
18 | distilling pub licenses in this State; (iii) does not | ||||||
19 | manufacture more than a combined 100,000 gallons of spirits | ||||||
20 | per year, including the spirits manufactured at the distilling | ||||||
21 | pub; and (iv) is not a member of or affiliated with, directly | ||||||
22 | or indirectly, a manufacturer that produces more than 100,000 | ||||||
23 | gallons of spirits per year or any other alcoholic liquor. | ||||||
24 | (v) A craft distiller warehouse permit may be issued to | ||||||
25 | the holder of a class 1 craft distiller or class 2 craft | ||||||
26 | distiller license. The craft distiller warehouse permit shall |
| |||||||
| |||||||
1 | allow the holder to store or warehouse up to 500,000 gallons of | ||||||
2 | spirits manufactured by the holder of the permit at the | ||||||
3 | premises specified on the permit. Sales to non-licensees are | ||||||
4 | prohibited at the premises specified in the craft distiller | ||||||
5 | warehouse permit. | ||||||
6 | (Source: P.A. 100-17, eff. 6-30-17; 100-201, eff. 8-18-17; | ||||||
7 | 100-816, eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff. | ||||||
8 | 8-23-18; 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; 101-81, | ||||||
9 | eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. 8-23-19; | ||||||
10 | 101-615, eff. 12-20-19.)
| ||||||
11 | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| ||||||
12 | Sec. 6-4. (a) No person licensed by any licensing | ||||||
13 | authority as a
distiller, or a wine manufacturer, or any | ||||||
14 | subsidiary or affiliate
thereof, or any officer, associate, | ||||||
15 | member, partner, representative,
employee, agent or | ||||||
16 | shareholder owning more than 5% of the outstanding
shares of | ||||||
17 | such person shall be issued an importing distributor's or
| ||||||
18 | distributor's license, nor shall any person licensed by any | ||||||
19 | licensing
authority as an importing distributor, distributor | ||||||
20 | or retailer, or any
subsidiary or affiliate thereof, or any | ||||||
21 | officer or associate, member,
partner, representative, | ||||||
22 | employee, agent or shareholder owning more than
5% of the | ||||||
23 | outstanding shares of such person be issued a distiller's
| ||||||
24 | license, a craft distiller's license, or a wine manufacturer's | ||||||
25 | license; and no person or persons
licensed as a distiller, |
| |||||||
| |||||||
1 | craft distiller, class 1 craft distiller, or class 2 craft | ||||||
2 | distiller by any licensing authority shall have any
interest, | ||||||
3 | directly or indirectly, with such distributor or importing
| ||||||
4 | distributor.
| ||||||
5 | However, an importing distributor or distributor, which on | ||||||
6 | January
1, 1985 is owned by a brewer, or any subsidiary or | ||||||
7 | affiliate thereof or any
officer, associate, member, partner, | ||||||
8 | representative, employee, agent or
shareholder owning more | ||||||
9 | than 5% of the outstanding shares of the importing
distributor | ||||||
10 | or distributor referred to in this paragraph, may own or
| ||||||
11 | acquire an ownership interest of more than 5% of the | ||||||
12 | outstanding shares of
a wine manufacturer and be issued a wine
| ||||||
13 | manufacturer's license by any licensing authority.
| ||||||
14 | (b) The foregoing provisions shall not apply to any person | ||||||
15 | licensed
by any licensing authority as a distiller or wine | ||||||
16 | manufacturer, or to
any subsidiary or affiliate of any | ||||||
17 | distiller or wine manufacturer who
shall have been heretofore | ||||||
18 | licensed by the State Commission as either an
importing | ||||||
19 | distributor or distributor during the annual licensing period
| ||||||
20 | expiring June 30, 1947, and shall actually have made sales | ||||||
21 | regularly to
retailers.
| ||||||
22 | (c) Provided, however, that in such instances where a | ||||||
23 | distributor's
or importing distributor's license has been | ||||||
24 | issued to any distiller or
wine manufacturer or to any | ||||||
25 | subsidiary or affiliate of any distiller or
wine manufacturer | ||||||
26 | who has, during the licensing period ending June 30,
1947, |
| |||||||
| |||||||
1 | sold or distributed as such licensed distributor or importing
| ||||||
2 | distributor alcoholic liquors and wines to retailers, such | ||||||
3 | distiller or
wine manufacturer or any subsidiary or affiliate | ||||||
4 | of any distiller or
wine manufacturer holding such | ||||||
5 | distributor's or importing distributor's
license may continue | ||||||
6 | to sell or distribute to retailers such alcoholic
liquors and | ||||||
7 | wines which are manufactured, distilled, processed or
marketed | ||||||
8 | by distillers and wine manufacturers whose products it sold or
| ||||||
9 | distributed to retailers during the whole or any part of its | ||||||
10 | licensing
periods; and such additional brands and additional | ||||||
11 | products may be added
to the line of such distributor or | ||||||
12 | importing distributor, provided, that
such brands and such | ||||||
13 | products were not sold or distributed by any
distributor or | ||||||
14 | importing distributor licensed by the State Commission
during | ||||||
15 | the licensing period ending June 30, 1947, but can not sell or
| ||||||
16 | distribute to retailers any other alcoholic liquors or wines.
| ||||||
17 | (d) It shall be unlawful for any distiller licensed | ||||||
18 | anywhere to have
any stock ownership or interest in any | ||||||
19 | distributor's or importing
distributor's license wherein any | ||||||
20 | other person has an interest therein
who is not a distiller and | ||||||
21 | does not own more than 5% of any stock in any
distillery. | ||||||
22 | Nothing herein contained shall apply to such distillers or
| ||||||
23 | their subsidiaries or affiliates, who had a distributor's or | ||||||
24 | importing
distributor's license during the licensing period | ||||||
25 | ending June 30, 1947,
which license was owned in whole by such | ||||||
26 | distiller, or subsidiaries or
affiliates of such distiller.
|
| |||||||
| |||||||
1 | (e) Any person licensed as a brewer, class 1 brewer, or | ||||||
2 | class 2 brewer shall be
permitted to sell on the licensed | ||||||
3 | premises to non-licensees for on or off-premises consumption | ||||||
4 | for the premises in which he
or she actually conducts such | ||||||
5 | business: (i) beer manufactured by the brewer, class 1 brewer, | ||||||
6 | or class 2 brewer; (ii) beer manufactured by any other brewer, | ||||||
7 | class 1 brewer, or class 2 brewer; and (iii) cider or mead . | ||||||
8 | Such sales shall be limited to on-premises, in-person sales | ||||||
9 | only, for lawful consumption on or off premises. Such | ||||||
10 | authorization shall be considered a privilege granted by the | ||||||
11 | brewer license and, other than a manufacturer of beer
as | ||||||
12 | stated above, no manufacturer or distributor or importing
| ||||||
13 | distributor, excluding airplane licensees exercising powers | ||||||
14 | provided in
paragraph (i) of Section 5-1 of this Act, or any | ||||||
15 | subsidiary or affiliate
thereof, or any officer,
associate, | ||||||
16 | member, partner, representative, employee or agent, or
| ||||||
17 | shareholder shall be issued a retailer's license, nor shall | ||||||
18 | any person
having a retailer's license, excluding airplane | ||||||
19 | licensees exercising powers
provided in paragraph (i) of | ||||||
20 | Section 5-1 of this
Act, or any subsidiary or affiliate | ||||||
21 | thereof, or
any officer, associate, member, partner, | ||||||
22 | representative or agent, or
shareholder be issued a | ||||||
23 | manufacturer's license or importing distributor's
license.
| ||||||
24 | A manufacturer of beer that imports or transfers beer into | ||||||
25 | this State must comply with Sections 6-8 and 8-1 of this Act. | ||||||
26 | A person who holds a class 1 or class 2 brewer license and |
| |||||||
| |||||||
1 | is authorized by this Section to sell beer to non-licensees | ||||||
2 | shall not sell beer to non-licensees from more than 3 total | ||||||
3 | brewer or commonly owned brew pub licensed locations in this | ||||||
4 | State. The class 1 or class 2 brewer shall designate to the | ||||||
5 | State Commission the brewer or brew pub locations from which | ||||||
6 | it will sell beer to non-licensees. | ||||||
7 | A person licensed as a class 1 craft distiller or a class 2 | ||||||
8 | craft distiller, including a person who holds more than one | ||||||
9 | class 1 craft distiller or class 2 craft distiller license, | ||||||
10 | not affiliated with any other person manufacturing spirits may | ||||||
11 | be authorized by the State Commission to sell (1) up to 5,000 | ||||||
12 | gallons of spirits produced by the person to non-licensees for | ||||||
13 | on or off-premises consumption for the premises in which he or | ||||||
14 | she actually conducts business permitting only the retail sale | ||||||
15 | of spirits manufactured at such premises and (2) vermouth | ||||||
16 | purchased through a licensed distributor for on-premises | ||||||
17 | consumption. Such sales shall be limited to on-premises, | ||||||
18 | in-person sales only, for lawful consumption on or off | ||||||
19 | premises, and such authorization shall be considered a | ||||||
20 | privilege granted by the class 1 craft distiller or class 2 | ||||||
21 | craft distiller license. A class 1 craft distiller or class 2 | ||||||
22 | craft distiller licensed for retail sale shall secure liquor | ||||||
23 | liability insurance coverage in an amount at least equal to | ||||||
24 | the maximum liability amounts set forth in subsection (a) of | ||||||
25 | Section 6-21 of this Act. | ||||||
26 | A class 1 craft distiller or class 2 craft distiller |
| |||||||
| |||||||
1 | license holder shall not deliver any alcoholic liquor to any | ||||||
2 | non-licensee off the licensed premises. A class 1 craft | ||||||
3 | distiller or class 2 craft distiller shall affirm in its | ||||||
4 | annual license application that it does not produce more than | ||||||
5 | 50,000 or 100,000 gallons of distilled spirits annually, | ||||||
6 | whichever is applicable, and that the craft distiller does not | ||||||
7 | sell more than 5,000 gallons of spirits to non-licensees for | ||||||
8 | on or off-premises consumption. In the application, which | ||||||
9 | shall be sworn under penalty of perjury, the class 1 craft | ||||||
10 | distiller or class 2 craft distiller shall state the volume of | ||||||
11 | production and sales for each year since the class 1 craft | ||||||
12 | distiller's or class 2 craft distiller's establishment. | ||||||
13 | A person who holds a class 1 craft distiller or class 2 | ||||||
14 | craft distiller license and is authorized by this Section to | ||||||
15 | sell spirits to non-licensees shall not sell spirits to | ||||||
16 | non-licensees from more than 3 total distillery or commonly | ||||||
17 | owned distilling pub licensed locations in this State. The | ||||||
18 | class 1 craft distiller or class 2 craft distiller shall | ||||||
19 | designate to the State Commission the distillery or distilling | ||||||
20 | pub locations from which it will sell spirits to | ||||||
21 | non-licensees. | ||||||
22 | (f) (Blank).
| ||||||
23 | (g) Notwithstanding any of the foregoing prohibitions, a | ||||||
24 | limited wine
manufacturer may sell at retail at its | ||||||
25 | manufacturing site for on or off
premises consumption and may | ||||||
26 | sell to distributors. A limited wine manufacturer licensee
|
| |||||||
| |||||||
1 | shall secure liquor liability insurance coverage in an amount
| ||||||
2 | at least equal to the maximum liability amounts set forth in
| ||||||
3 | subsection (a) of Section 6-21 of this Act.
| ||||||
4 | (h) The changes made to this Section by Public Act 99-47 | ||||||
5 | shall not diminish or impair the rights of any person, whether | ||||||
6 | a distiller, wine manufacturer, agent, or affiliate thereof, | ||||||
7 | who requested in writing and submitted documentation to the | ||||||
8 | State Commission on or before February 18, 2015 to be approved | ||||||
9 | for a retail license pursuant to what has heretofore been | ||||||
10 | subsection (f); provided that, on or before that date, the | ||||||
11 | State Commission considered the intent of that person to apply | ||||||
12 | for the retail license under that subsection and, by recorded | ||||||
13 | vote, the State Commission approved a resolution indicating | ||||||
14 | that such a license application could be lawfully approved | ||||||
15 | upon that person duly filing a formal application for a retail | ||||||
16 | license and if that person, within 90 days of the State | ||||||
17 | Commission appearance and recorded vote, first filed an | ||||||
18 | application with the appropriate local commission, which | ||||||
19 | application was subsequently approved by the appropriate local | ||||||
20 | commission prior to consideration by the State Commission of | ||||||
21 | that person's application for a retail license. It is further | ||||||
22 | provided that the State Commission may approve the person's | ||||||
23 | application for a retail license or renewals of such license | ||||||
24 | if such person continues to diligently adhere to all | ||||||
25 | representations made in writing to the State Commission on or | ||||||
26 | before February 18, 2015, or thereafter, or in the affidavit |
| |||||||
| |||||||
1 | filed by that person with the State Commission to support the | ||||||
2 | issuance of a retail license and to abide by all applicable | ||||||
3 | laws and duly adopted rules. | ||||||
4 | (Source: P.A. 100-201, eff. 8-18-17; 100-816, eff. 8-13-18; | ||||||
5 | 100-885, eff. 8-14-18; 101-81, eff. 7-12-19; 101-482, eff. | ||||||
6 | 8-23-19; 101-615, eff. 12-20-19.)
| ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
|