Rep. Michael J. Zalewski
Filed: 1/3/2023
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1 | AMENDMENT TO SENATE BILL 1001
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2 | AMENDMENT NO. ______. Amend Senate Bill 1001 on page 1, | ||||||
3 | line 5, by replacing "Section" with "Sections 5-1 and"; and
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4 | on page 1, immediately below line 5, by inserting the | ||||||
5 | following: | ||||||
6 | "(235 ILCS 5/5-1) (from Ch. 43, par. 115) | ||||||
7 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
8 | Commission
shall be of the following classes: | ||||||
9 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
10 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
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11 | Manufacturer, Class 5. Second Class Wine Manufacturer, Class | ||||||
12 | 6. First Class Winemaker, Class 7. Second Class Winemaker, | ||||||
13 | Class 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, | ||||||
14 | Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft | ||||||
15 | Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer, | ||||||
16 | Class 14. Class 3 Brewer, |
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1 | (b) Distributor's license, | ||||||
2 | (c) Importing Distributor's license, | ||||||
3 | (d) Retailer's license, | ||||||
4 | (e) Special Event Retailer's license (not-for-profit), | ||||||
5 | (f) Railroad license, | ||||||
6 | (g) Boat license, | ||||||
7 | (h) Non-Beverage User's license, | ||||||
8 | (i) Wine-maker's premises license, | ||||||
9 | (j) Airplane license, | ||||||
10 | (k) Foreign importer's license, | ||||||
11 | (l) Broker's license, | ||||||
12 | (m) Non-resident dealer's
license, | ||||||
13 | (n) Brew Pub license, | ||||||
14 | (o) Auction liquor license, | ||||||
15 | (p) Caterer retailer license, | ||||||
16 | (q) Special use permit license, | ||||||
17 | (r) Winery shipper's license, | ||||||
18 | (s) Craft distiller tasting permit, | ||||||
19 | (t) Brewer warehouse permit, | ||||||
20 | (u) Distilling pub license, | ||||||
21 | (v) Craft distiller warehouse permit, | ||||||
22 | (w) Beer showcase permit. | ||||||
23 | No
person, firm, partnership, corporation, or other legal | ||||||
24 | business entity that is
engaged in the manufacturing of wine | ||||||
25 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
26 | wine manufacturer's license. |
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1 | (a) A manufacturer's license shall allow the manufacture,
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2 | importation in bulk, storage, distribution and sale of | ||||||
3 | alcoholic liquor
to persons without the State, as may be | ||||||
4 | permitted by law and to licensees
in this State as follows: | ||||||
5 | Class 1. A Distiller may make sales and deliveries of | ||||||
6 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
7 | distributors, distributors and
non-beverage users and to no | ||||||
8 | other licensees. | ||||||
9 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
10 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
11 | rectifiers, importing distributors,
distributors, retailers | ||||||
12 | and non-beverage users and to no other licensees. | ||||||
13 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
14 | importing
distributors and distributors and may make sales as | ||||||
15 | authorized under subsection (e) of Section 6-4 of this Act, | ||||||
16 | including any alcoholic liquor that subsection (e) of Section | ||||||
17 | 6-4 authorizes a brewer to sell in its original package only to | ||||||
18 | a non-licensee for pick-up by a non-licensee either within the | ||||||
19 | interior of the brewery premises or at outside of the brewery | ||||||
20 | premises at a curb-side or parking lot adjacent to the brewery | ||||||
21 | premises, subject to any local ordinance. | ||||||
22 | Class 4. A first class wine-manufacturer may make sales | ||||||
23 | and deliveries of
up to 50,000 gallons of wine to | ||||||
24 | manufacturers,
importing
distributors and distributors, and to | ||||||
25 | no other licensees. If a first-class wine-manufacturer | ||||||
26 | manufactures beer, it shall also obtain and shall only be |
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1 | eligible for, in addition to any current license, a class 1 | ||||||
2 | brewer license, shall not manufacture more than 930,000 | ||||||
3 | gallons of beer per year, and shall not be a member of or | ||||||
4 | affiliated with, directly or indirectly, a manufacturer that | ||||||
5 | produces more than 930,000 gallons of beer per year. If the | ||||||
6 | first-class wine-manufacturer manufactures spirits, it shall | ||||||
7 | also obtain and shall only be eligible for, in addition to any | ||||||
8 | current license, a class 1 craft distiller license, shall not | ||||||
9 | manufacture more than 50,000 gallons of spirits per year, and | ||||||
10 | shall not be a member of or affiliated with, directly or | ||||||
11 | indirectly, a manufacturer that produces more than 50,000 | ||||||
12 | gallons of spirits per year. A first-class wine-manufacturer | ||||||
13 | shall be permitted to sell wine manufactured at the | ||||||
14 | first-class wine-manufacturer premises to non-licensees. | ||||||
15 | Class 5. A second class Wine manufacturer may make sales | ||||||
16 | and deliveries
of more than 50,000 gallons of wine to | ||||||
17 | manufacturers, importing distributors
and distributors and to | ||||||
18 | no other licensees. | ||||||
19 | Class 6. A first-class wine-maker's license shall allow | ||||||
20 | the manufacture
of up to 50,000 gallons of wine per year, and | ||||||
21 | the
storage
and sale of such
wine to distributors in the State | ||||||
22 | and to persons without the
State, as may be permitted by law. A | ||||||
23 | person who, prior to June 1, 2008 (the effective date of Public | ||||||
24 | Act 95-634), is a holder of a first-class wine-maker's license | ||||||
25 | and annually produces more than 25,000 gallons of its own wine | ||||||
26 | and who distributes its wine to licensed retailers shall cease |
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1 | this practice on or before July 1, 2008 in compliance with | ||||||
2 | Public Act 95-634. If a first-class wine-maker manufactures | ||||||
3 | beer, it shall also obtain and shall only be eligible for, in | ||||||
4 | addition to any current license, a class 1 brewer license, | ||||||
5 | shall not manufacture more than 930,000 gallons of beer per | ||||||
6 | year, and shall not be a member of or affiliated with, directly | ||||||
7 | or indirectly, a manufacturer that produces more than 930,000 | ||||||
8 | gallons of beer per year. If the first-class wine-maker | ||||||
9 | manufactures spirits, it shall also obtain and shall only be | ||||||
10 | eligible for, in addition to any current license, a class 1 | ||||||
11 | craft distiller license, shall not manufacture more than | ||||||
12 | 50,000 gallons of spirits per year, and shall not be a member | ||||||
13 | of or affiliated with, directly or indirectly, a manufacturer | ||||||
14 | that produces more than 50,000 gallons of spirits per year. A | ||||||
15 | first-class wine-maker holding a class 1 brewer license or a | ||||||
16 | class 1 craft distiller license shall not be eligible for a | ||||||
17 | wine-maker's premises license but shall be permitted to sell | ||||||
18 | wine manufactured at the first-class wine-maker premises to | ||||||
19 | non-licensees. | ||||||
20 | Class 7. A second-class wine-maker's license shall allow | ||||||
21 | the manufacture
of up to 150,000 gallons of wine per year, and
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22 | the
storage and sale of such wine
to distributors in this State | ||||||
23 | and to persons without the State, as may be
permitted by law. A | ||||||
24 | person who, prior to June 1, 2008 (the effective date of Public | ||||||
25 | Act 95-634), is a holder of a second-class wine-maker's | ||||||
26 | license and annually produces more than 25,000 gallons of its |
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1 | own wine and who distributes its wine to licensed retailers | ||||||
2 | shall cease this practice on or before July 1, 2008 in | ||||||
3 | compliance with Public Act 95-634. If a second-class | ||||||
4 | wine-maker manufactures beer, it shall also obtain and shall | ||||||
5 | only be eligible for, in addition to any current license, a | ||||||
6 | class 2 brewer license, shall not manufacture more than | ||||||
7 | 3,720,000 gallons of beer per year, and shall not be a member | ||||||
8 | of or affiliated with, directly or indirectly, a manufacturer | ||||||
9 | that produces more than 3,720,000 gallons of beer per year. If | ||||||
10 | a second-class wine-maker manufactures spirits, it shall also | ||||||
11 | obtain and shall only be eligible for, in addition to any | ||||||
12 | current license, a class 2 craft distiller license, shall not | ||||||
13 | manufacture more than 100,000 gallons of spirits per year, and | ||||||
14 | shall not be a member of or affiliated with, directly or | ||||||
15 | indirectly, a manufacturer that produces more than 100,000 | ||||||
16 | gallons of spirits per year. | ||||||
17 | Class 8. A limited wine-manufacturer may make sales and | ||||||
18 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
19 | distributors, and to
non-licensees in accordance with the | ||||||
20 | provisions of this Act. | ||||||
21 | Class 9. A craft distiller license, which may only be held | ||||||
22 | by a class 1 craft distiller licensee or class 2 craft | ||||||
23 | distiller licensee but not held by both a class 1 craft | ||||||
24 | distiller licensee and a class 2 craft distiller licensee, | ||||||
25 | shall grant all rights conveyed by either: (i) a class 1 craft | ||||||
26 | distiller license if the craft distiller holds a class 1 craft |
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1 | distiller license; or (ii) a class 2 craft distiller licensee | ||||||
2 | if the craft distiller holds a class 2 craft distiller | ||||||
3 | license. | ||||||
4 | Class 10. A class 1 craft distiller license, which may | ||||||
5 | only be issued to a licensed craft distiller or licensed | ||||||
6 | non-resident dealer, shall allow the manufacture of up to | ||||||
7 | 50,000 gallons of spirits per year provided that the class 1 | ||||||
8 | craft distiller licensee does not manufacture more than a | ||||||
9 | combined 50,000 gallons of spirits per year and is not a member | ||||||
10 | of or affiliated with, directly or indirectly, a manufacturer | ||||||
11 | that produces more than 50,000 gallons of spirits per year. If | ||||||
12 | a class 1 craft distiller manufactures beer, it shall also | ||||||
13 | obtain and shall only be eligible for, in addition to any | ||||||
14 | current license, a class 1 brewer license, shall not | ||||||
15 | manufacture more than 930,000 gallons of beer per year, and | ||||||
16 | shall not be a member of or affiliated with, directly or | ||||||
17 | indirectly, a manufacturer that produces more than 930,000 | ||||||
18 | gallons of beer per year. If a class 1 craft distiller | ||||||
19 | manufactures wine, it shall also obtain and shall only be | ||||||
20 | eligible for, in addition to any current license, a | ||||||
21 | first-class wine-manufacturer license or a first-class | ||||||
22 | wine-maker's license, shall not manufacture more than 50,000 | ||||||
23 | gallons of wine per year, and shall not be a member of or | ||||||
24 | affiliated with, directly or indirectly, a manufacturer that | ||||||
25 | produces more than 50,000 gallons of wine per year. A class 1 | ||||||
26 | craft distiller licensee may make sales and deliveries to |
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1 | importing distributors and distributors and to retail | ||||||
2 | licensees in accordance with the conditions set forth in | ||||||
3 | paragraph (19) of subsection (a) of Section 3-12 of this Act. | ||||||
4 | However, the aggregate amount of spirits sold to non-licensees | ||||||
5 | and sold or delivered to retail licensees may not exceed 5,000 | ||||||
6 | gallons per year. | ||||||
7 | A class 1 craft distiller licensee may sell up to 5,000 | ||||||
8 | gallons of such spirits to non-licensees to the extent | ||||||
9 | permitted by any exemption approved by the State Commission | ||||||
10 | pursuant to Section 6-4 of this Act. A class 1 craft distiller | ||||||
11 | license holder may store such spirits at a non-contiguous | ||||||
12 | licensed location, but at no time shall a class 1 craft | ||||||
13 | distiller license holder directly or indirectly produce in the | ||||||
14 | aggregate more than 50,000 gallons of spirits per year. | ||||||
15 | A class 1 craft distiller licensee may hold more than one | ||||||
16 | class 1 craft distiller's license. However, a class 1 craft | ||||||
17 | distiller that holds more than one class 1 craft distiller | ||||||
18 | license shall not manufacture, in the aggregate, more than | ||||||
19 | 50,000 gallons of spirits by distillation per year and shall | ||||||
20 | not sell, in the aggregate, more than 5,000 gallons of such | ||||||
21 | spirits to non-licensees in accordance with an exemption | ||||||
22 | approved by the State Commission pursuant to Section 6-4 of | ||||||
23 | this Act. | ||||||
24 | Class 11. A class 2 craft distiller license, which may | ||||||
25 | only be issued to a licensed craft distiller or licensed | ||||||
26 | non-resident dealer, shall allow the manufacture of up to |
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1 | 100,000 gallons of spirits per year provided that the class 2 | ||||||
2 | craft distiller licensee does not manufacture more than a | ||||||
3 | combined 100,000 gallons of spirits per year and is not a | ||||||
4 | member of or affiliated with, directly or indirectly, a | ||||||
5 | manufacturer that produces more than 100,000 gallons of | ||||||
6 | spirits per year. If a class 2 craft distiller manufactures | ||||||
7 | beer, it shall also obtain and shall only be eligible for, in | ||||||
8 | addition to any current license, a class 2 brewer license, | ||||||
9 | shall not manufacture more than 3,720,000 gallons of beer per | ||||||
10 | year, and shall not be a member of or affiliated with, directly | ||||||
11 | or indirectly, a manufacturer that produces more than | ||||||
12 | 3,720,000 gallons of beer per year. If a class 2 craft | ||||||
13 | distiller manufactures wine, it shall also obtain and shall | ||||||
14 | only be eligible for, in addition to any current license, a | ||||||
15 | second-class wine-maker's license, shall not manufacture more | ||||||
16 | than 150,000 gallons of wine per year, and shall not be a | ||||||
17 | member of or affiliated with, directly or indirectly, a | ||||||
18 | manufacturer that produces more than 150,000 gallons of wine | ||||||
19 | per year. A class 2 craft distiller licensee may make sales and | ||||||
20 | deliveries to importing distributors and distributors, but | ||||||
21 | shall not make sales or deliveries to any other licensee. If | ||||||
22 | the State Commission provides prior approval, a class 2 craft | ||||||
23 | distiller licensee may annually transfer up to 100,000 gallons | ||||||
24 | of spirits manufactured by that class 2 craft distiller | ||||||
25 | licensee to the premises of a licensed class 2 craft distiller | ||||||
26 | wholly owned and operated by the same licensee. A class 2 craft |
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1 | distiller may transfer spirits to a distilling pub wholly | ||||||
2 | owned and operated by the class 2 craft distiller subject to | ||||||
3 | the following limitations and restrictions: (i) the transfer | ||||||
4 | shall not annually exceed more than 5,000 gallons; (ii) the | ||||||
5 | annual amount transferred shall reduce the distilling pub's | ||||||
6 | annual permitted production limit; (iii) all spirits | ||||||
7 | transferred shall be subject to Article VIII of this Act; (iv) | ||||||
8 | a written record shall be maintained by the distiller and | ||||||
9 | distilling pub specifying the amount, date of delivery, and | ||||||
10 | receipt of the product by the distilling pub; and (v) the | ||||||
11 | distilling pub shall be located no farther than 80 miles from | ||||||
12 | the class 2 craft distiller's licensed location. | ||||||
13 | A class 2 craft distiller shall, prior to transferring | ||||||
14 | spirits to a distilling pub wholly owned by the class 2 craft | ||||||
15 | distiller, furnish a written notice to the State Commission of | ||||||
16 | intent to transfer spirits setting forth the name and address | ||||||
17 | of the distilling pub and shall annually submit to the State | ||||||
18 | Commission a verified report identifying the total gallons of | ||||||
19 | spirits transferred to the distilling pub wholly owned by the | ||||||
20 | class 2 craft distiller. | ||||||
21 | A class 2 craft distiller license holder may store such | ||||||
22 | spirits at a non-contiguous licensed location, but at no time | ||||||
23 | shall a class 2 craft distiller license holder directly or | ||||||
24 | indirectly produce in the aggregate more than 100,000 gallons | ||||||
25 | of spirits per year. | ||||||
26 | Class 12. A class 1 brewer license, which may only be |
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1 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
2 | shall allow the manufacture of up to 930,000 gallons of beer | ||||||
3 | per year provided that the class 1 brewer licensee does not | ||||||
4 | manufacture more than a combined 930,000 gallons of beer per | ||||||
5 | year and is not a member of or affiliated with, directly or | ||||||
6 | indirectly, a manufacturer that produces more than 930,000 | ||||||
7 | gallons of beer per year. If a class 1 brewer manufactures | ||||||
8 | spirits, it shall also obtain and shall only be eligible for, | ||||||
9 | in addition to any current license, a class 1 craft distiller | ||||||
10 | license, shall not manufacture more than 50,000 gallons of | ||||||
11 | spirits per year, and shall not be a member of or affiliated | ||||||
12 | with, directly or indirectly, a manufacturer that produces | ||||||
13 | more than 50,000 gallons of spirits per year. If a class 1 | ||||||
14 | craft brewer manufactures wine, it shall also obtain and shall | ||||||
15 | only be eligible for, in addition to any current license, a | ||||||
16 | first-class wine-manufacturer license or a first-class | ||||||
17 | wine-maker's license, shall not manufacture more than 50,000 | ||||||
18 | gallons of wine per year, and shall not be a member of or | ||||||
19 | affiliated with, directly or indirectly, a manufacturer that | ||||||
20 | produces more than 50,000 gallons of wine per year. A class 1 | ||||||
21 | brewer licensee may make sales and deliveries to importing | ||||||
22 | distributors and distributors and to retail licensees in | ||||||
23 | accordance with the conditions set forth in paragraph (18) of | ||||||
24 | subsection (a) of Section 3-12 of this Act. If the State | ||||||
25 | Commission provides prior approval, a class 1 brewer may | ||||||
26 | annually transfer up to 930,000 gallons of beer manufactured |
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1 | by that class 1 brewer to the premises of a licensed class 1 | ||||||
2 | brewer wholly owned and operated by the same licensee. | ||||||
3 | Class 13. A class 2 brewer license, which may only be | ||||||
4 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
5 | shall allow the manufacture of up to 3,720,000 gallons of beer | ||||||
6 | per year provided that the class 2 brewer licensee does not | ||||||
7 | manufacture more than a combined 3,720,000 gallons of beer per | ||||||
8 | year and is not a member of or affiliated with, directly or | ||||||
9 | indirectly, a manufacturer that produces more than 3,720,000 | ||||||
10 | gallons of beer per year. If a class 2 brewer manufactures | ||||||
11 | spirits, it shall also obtain and shall only be eligible for, | ||||||
12 | in addition to any current license, a class 2 craft distiller | ||||||
13 | license, shall not manufacture more than 100,000 gallons of | ||||||
14 | spirits per year, and shall not be a member of or affiliated | ||||||
15 | with, directly or indirectly, a manufacturer that produces | ||||||
16 | more than 100,000 gallons of spirits per year. If a class 2 | ||||||
17 | craft distiller manufactures wine, it shall also obtain and | ||||||
18 | shall only be eligible for, in addition to any current | ||||||
19 | license, a second-class wine-maker's license, shall not | ||||||
20 | manufacture more than 150,000 gallons of wine per year, and | ||||||
21 | shall not be a member of or affiliated with, directly or | ||||||
22 | indirectly, a manufacturer that produces more than 150,000 | ||||||
23 | gallons of wine a year. A class 2 brewer licensee may make | ||||||
24 | sales and deliveries to importing distributors and | ||||||
25 | distributors, but shall not make sales or deliveries to any | ||||||
26 | other licensee. If the State Commission provides prior |
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1 | approval, a class 2 brewer licensee may annually transfer up | ||||||
2 | to 3,720,000 gallons of beer manufactured by that class 2 | ||||||
3 | brewer licensee to the premises of a licensed class 2 brewer | ||||||
4 | wholly owned and operated by the same licensee. | ||||||
5 | A class 2 brewer may transfer beer to a brew pub wholly | ||||||
6 | owned and operated by the class 2 brewer subject to the | ||||||
7 | following limitations and restrictions: (i) the transfer shall | ||||||
8 | not annually exceed more than 31,000 gallons; (ii) the annual | ||||||
9 | amount transferred shall reduce the brew pub's annual | ||||||
10 | permitted production limit; (iii) all beer transferred shall | ||||||
11 | be subject to Article VIII of this Act; (iv) a written record | ||||||
12 | shall be maintained by the brewer and brew pub specifying the | ||||||
13 | amount, date of delivery, and receipt of the product by the | ||||||
14 | brew pub; and (v) the brew pub shall be located no farther than | ||||||
15 | 80 miles from the class 2 brewer's licensed location. | ||||||
16 | A class 2 brewer shall, prior to transferring beer to a | ||||||
17 | brew pub wholly owned by the class 2 brewer, furnish a written | ||||||
18 | notice to the State Commission of intent to transfer beer | ||||||
19 | setting forth the name and address of the brew pub and shall | ||||||
20 | annually submit to the State Commission a verified report | ||||||
21 | identifying the total gallons of beer transferred to the brew | ||||||
22 | pub wholly owned by the class 2 brewer. | ||||||
23 | Class 14. A class 3 brewer license, which may be issued to | ||||||
24 | a brewer or a non-resident dealer, shall allow the manufacture | ||||||
25 | of no more than 465,000 gallons of beer per year and no more | ||||||
26 | than 155,000 gallons at a single brewery premises, and shall |
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1 | allow the sale of no more than 6,200 gallons of beer from each | ||||||
2 | in-state or out-of-state class 3 brewery premises, or 18,600 | ||||||
3 | gallons in the aggregate, to retail licensees, class 1 | ||||||
4 | brewers, class 2 brewers, and class 3 brewers as long as the | ||||||
5 | class 3 brewer licensee does not manufacture more than a | ||||||
6 | combined 465,000 gallons of beer per year and is not a member | ||||||
7 | of or affiliated with, directly or indirectly, a manufacturer | ||||||
8 | that produces more than 465,000 gallons of beer per year to | ||||||
9 | make sales to importing distributors, distributors, retail | ||||||
10 | licensees, brewers, class 1 brewers, class 2 brewers, and | ||||||
11 | class 3 brewers in accordance with the conditions set forth in | ||||||
12 | paragraph (20) of subsection (a) of Section 3-12. If the State | ||||||
13 | Commission provides prior approval, a class 3 brewer may | ||||||
14 | annually transfer up to 155,000 gallons of beer manufactured | ||||||
15 | by that class 3 brewer to the premises of a licensed class 3 | ||||||
16 | brewer wholly owned and operated by the same licensee. A class | ||||||
17 | 3 brewer shall manufacture beer at the brewer's class 3 | ||||||
18 | designated licensed premises, and may sell beer as otherwise | ||||||
19 | provided in this Act. | ||||||
20 | (a-1) A manufacturer which is licensed in this State to | ||||||
21 | make sales or
deliveries of alcoholic liquor to licensed | ||||||
22 | distributors or importing distributors and which enlists | ||||||
23 | agents, representatives, or
individuals acting on its behalf | ||||||
24 | who contact licensed retailers on a regular
and continual | ||||||
25 | basis in this State must register those agents, | ||||||
26 | representatives,
or persons acting on its behalf with the |
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1 | State Commission. | ||||||
2 | Registration of agents, representatives, or persons acting | ||||||
3 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
4 | to the Commission. The form
shall be developed by the | ||||||
5 | Commission and shall include the name and address of
the | ||||||
6 | applicant, the name and address of the manufacturer he or she | ||||||
7 | represents,
the territory or areas assigned to sell to or | ||||||
8 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
9 | questions deemed appropriate and necessary.
All statements in | ||||||
10 | the forms required to be made by law or by rule shall be
deemed | ||||||
11 | material, and any person who knowingly misstates any material | ||||||
12 | fact under
oath in an application is guilty of a Class B | ||||||
13 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
14 | misleading statements, evasions, or
suppression of material | ||||||
15 | facts in the securing of a registration are grounds for
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16 | suspension or revocation of the registration. The State | ||||||
17 | Commission shall post a list of registered agents on the | ||||||
18 | Commission's website. | ||||||
19 | (b) A distributor's license shall allow (i) the wholesale | ||||||
20 | purchase and storage
of alcoholic liquors and sale of | ||||||
21 | alcoholic liquors to licensees in this State and to persons | ||||||
22 | without the State, as may be permitted by law; (ii) the sale of | ||||||
23 | beer, cider, mead, or any combination thereof to brewers, | ||||||
24 | class 1 brewers, and class 2 brewers that, pursuant to | ||||||
25 | subsection (e) of Section 6-4 of this Act, sell beer, cider, | ||||||
26 | mead, or any combination thereof to non-licensees at their |
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1 | breweries; (iii) the sale of vermouth to class 1 craft | ||||||
2 | distillers and class 2 craft distillers that, pursuant to | ||||||
3 | subsection (e) of Section 6-4 of this Act, sell spirits, | ||||||
4 | vermouth, or both spirits and vermouth to non-licensees at | ||||||
5 | their distilleries; or (iv) as otherwise provided in this Act. | ||||||
6 | No person licensed as a distributor shall be granted a | ||||||
7 | non-resident dealer's license. | ||||||
8 | (c) An importing distributor's license may be issued to | ||||||
9 | and held by
those only who are duly licensed distributors, | ||||||
10 | upon the filing of an
application by a duly licensed | ||||||
11 | distributor, with the Commission and
the Commission shall, | ||||||
12 | without the
payment of any fee, immediately issue such | ||||||
13 | importing distributor's
license to the applicant, which shall | ||||||
14 | allow the importation of alcoholic
liquor by the licensee into | ||||||
15 | this State from any point in the United
States outside this | ||||||
16 | State, and the purchase of alcoholic liquor in
barrels, casks | ||||||
17 | or other bulk containers and the bottling of such
alcoholic | ||||||
18 | liquors before resale thereof, but all bottles or containers
| ||||||
19 | so filled shall be sealed, labeled, stamped and otherwise made | ||||||
20 | to comply
with all provisions, rules and regulations governing | ||||||
21 | manufacturers in
the preparation and bottling of alcoholic | ||||||
22 | liquors. The importing
distributor's license shall permit such | ||||||
23 | licensee to purchase alcoholic
liquor from Illinois licensed | ||||||
24 | non-resident dealers and foreign importers only. No person | ||||||
25 | licensed as an importing distributor shall be granted a | ||||||
26 | non-resident dealer's license. |
| |||||||
| |||||||
1 | (d) A retailer's license shall allow the licensee to sell | ||||||
2 | and offer
for sale at retail, only in the premises specified in | ||||||
3 | the license,
alcoholic liquor for use or consumption, but not | ||||||
4 | for resale in any form. Except as provided in Section 6-16, | ||||||
5 | 6-29, or 6-29.1, nothing in this Act shall deny, limit, | ||||||
6 | remove, or restrict the ability of a holder of a retailer's | ||||||
7 | license to transfer or ship alcoholic liquor to the purchaser | ||||||
8 | for use or consumption subject to any applicable local law or | ||||||
9 | ordinance. For the purposes of this Section, "shipping" means | ||||||
10 | the movement of alcoholic liquor from a licensed retailer to a | ||||||
11 | consumer via a common carrier. Except as provided in Section | ||||||
12 | 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, | ||||||
13 | remove, or restrict the ability of a holder of a retailer's | ||||||
14 | license to deliver alcoholic liquor to the purchaser for use | ||||||
15 | or consumption. The delivery shall be made only within 12 | ||||||
16 | hours from the time the alcoholic liquor leaves the licensed | ||||||
17 | premises of the retailer for delivery. For the purposes of | ||||||
18 | this Section, "delivery" means the movement of alcoholic | ||||||
19 | liquor purchased from a licensed retailer to a consumer | ||||||
20 | through the following methods: | ||||||
21 | (1) delivery within licensed retailer's parking lot, | ||||||
22 | including curbside, for pickup by the consumer; | ||||||
23 | (2) delivery by an owner, officer, director, | ||||||
24 | shareholder, or employee of the licensed retailer; or | ||||||
25 | (3) delivery by a third-party contractor, independent | ||||||
26 | contractor, or agent with whom the licensed retailer has |
| |||||||
| |||||||
1 | contracted to make deliveries of alcoholic liquors. | ||||||
2 | Under subsection (1), (2), or (3), delivery shall not | ||||||
3 | include the use of common carriers. | ||||||
4 | Any retail license issued to a manufacturer shall only
| ||||||
5 | permit the manufacturer to sell beer at retail on the premises | ||||||
6 | actually
occupied by the manufacturer. For the purpose of | ||||||
7 | further describing the type of business conducted at a retail | ||||||
8 | licensed premises, a retailer's licensee may be designated by | ||||||
9 | the State Commission as (i) an on premise consumption | ||||||
10 | retailer, (ii) an off premise sale retailer, or (iii) a | ||||||
11 | combined on premise consumption and off premise sale retailer.
| ||||||
12 | Except for a municipality with a population of more than | ||||||
13 | 1,000,000 inhabitants, a home rule unit or non-home rule | ||||||
14 | municipality may not regulate the delivery of alcoholic liquor | ||||||
15 | inconsistent with this subsection. This paragraph is a | ||||||
16 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
17 | the Illinois Constitution on the concurrent exercise by home | ||||||
18 | rule units of powers and functions exercised by the State. | ||||||
19 | Notwithstanding any other provision of this subsection | ||||||
20 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
21 | event retailer licensee for
resale to the extent permitted | ||||||
22 | under subsection (e). | ||||||
23 | (e) A special event retailer's license (not-for-profit) | ||||||
24 | shall permit the
licensee to purchase alcoholic liquors from | ||||||
25 | an Illinois licensed distributor
(unless the licensee | ||||||
26 | purchases less than $500 of alcoholic liquors for the
special |
| |||||||
| |||||||
1 | event, in which case the licensee may purchase the alcoholic | ||||||
2 | liquors
from a licensed retailer) and shall allow the licensee | ||||||
3 | to sell and offer for
sale, at retail, alcoholic liquors for | ||||||
4 | use or consumption, but not for resale
in any form and only at | ||||||
5 | the location and on the specific dates designated for
the | ||||||
6 | special event in the license. An applicant for a special event | ||||||
7 | retailer
license must
(i) furnish with the application: (A) a | ||||||
8 | resale number issued under Section
2c of the Retailers' | ||||||
9 | Occupation Tax Act or evidence that the applicant is
| ||||||
10 | registered under Section 2a of the Retailers' Occupation Tax | ||||||
11 | Act, (B) a
current, valid exemption identification
number | ||||||
12 | issued under Section 1g of the Retailers' Occupation Tax Act, | ||||||
13 | and a
certification to the Commission that the purchase of | ||||||
14 | alcoholic liquors will be
a tax-exempt purchase, or (C) a | ||||||
15 | statement that the applicant is not registered
under Section | ||||||
16 | 2a of the Retailers' Occupation Tax Act, does not hold a resale
| ||||||
17 | number under Section 2c of the Retailers' Occupation Tax Act, | ||||||
18 | and does not
hold an exemption number under Section 1g of the | ||||||
19 | Retailers' Occupation Tax
Act, in which event the Commission | ||||||
20 | shall set forth on the special event
retailer's license a | ||||||
21 | statement to that effect; (ii) submit with the application | ||||||
22 | proof satisfactory to
the State Commission that the applicant | ||||||
23 | will provide dram shop liability
insurance in the maximum | ||||||
24 | limits; and (iii) show proof satisfactory to the
State | ||||||
25 | Commission that the applicant has obtained local authority
| ||||||
26 | approval. |
| |||||||
| |||||||
1 | Nothing in this Act prohibits an Illinois licensed | ||||||
2 | distributor from offering credit or a refund for unused, | ||||||
3 | salable alcoholic liquors to a holder of a special event | ||||||
4 | retailer's license or the special event retailer's licensee | ||||||
5 | from accepting the credit or refund of alcoholic liquors at | ||||||
6 | the conclusion of the event specified in the license. | ||||||
7 | (f) A railroad license shall permit the licensee to import | ||||||
8 | alcoholic
liquors into this State from any point in the United | ||||||
9 | States outside this
State and to store such alcoholic liquors | ||||||
10 | in this State; to make wholesale
purchases of alcoholic | ||||||
11 | liquors directly from manufacturers, foreign
importers, | ||||||
12 | distributors and importing distributors from within or outside
| ||||||
13 | this State; and to store such alcoholic liquors in this State; | ||||||
14 | provided
that the above powers may be exercised only in | ||||||
15 | connection with the
importation, purchase or storage of | ||||||
16 | alcoholic liquors to be sold or
dispensed on a club, buffet, | ||||||
17 | lounge or dining car operated on an electric,
gas or steam | ||||||
18 | railway in this State; and provided further, that railroad
| ||||||
19 | licensees exercising the above powers shall be subject to all | ||||||
20 | provisions of
Article VIII of this Act as applied to importing | ||||||
21 | distributors. A railroad
license shall also permit the | ||||||
22 | licensee to sell or dispense alcoholic
liquors on any club, | ||||||
23 | buffet, lounge or dining car operated on an electric,
gas or | ||||||
24 | steam railway regularly operated by a common carrier in this | ||||||
25 | State,
but shall not permit the sale for resale of any | ||||||
26 | alcoholic liquors to any
licensee within this State. A license |
| |||||||
| |||||||
1 | shall be obtained for each car in which
such sales are made. | ||||||
2 | (g) A boat license shall allow the sale of alcoholic | ||||||
3 | liquor in
individual drinks, on any passenger boat regularly | ||||||
4 | operated as a common
carrier on navigable waters in this State | ||||||
5 | or on any riverboat operated
under
the Illinois Gambling Act, | ||||||
6 | which boat or riverboat maintains a public
dining room or | ||||||
7 | restaurant thereon. | ||||||
8 | (h) A non-beverage user's license shall allow the licensee | ||||||
9 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
10 | importing
distributor, without the imposition of any tax upon | ||||||
11 | the business of such
licensed manufacturer or importing | ||||||
12 | distributor as to such alcoholic
liquor to be used by such | ||||||
13 | licensee solely for the non-beverage purposes
set forth in | ||||||
14 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
15 | shall be divided and classified and shall permit the
purchase, | ||||||
16 | possession and use of limited and stated quantities of
| ||||||
17 | alcoholic liquor as follows: | ||||||
18 | Class 1, not to exceed ......................... 500 gallons
| ||||||
19 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
20 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
21 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
22 | Class 5, not to exceed ....................... 50,000 gallons | ||||||
23 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
24 | that concurrently holds a first-class wine-maker's license to | ||||||
25 | sell
and offer for sale at retail in the premises specified in | ||||||
26 | such license
not more than 50,000 gallons of the first-class |
| |||||||
| |||||||
1 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
2 | licensed premises per year for use or
consumption, but not for | ||||||
3 | resale in any form. A wine-maker's premises
license shall | ||||||
4 | allow a licensee who concurrently holds a second-class
| ||||||
5 | wine-maker's license to sell and offer for sale at retail in | ||||||
6 | the premises
specified in such license up to 100,000 gallons | ||||||
7 | of the
second-class wine-maker's wine that is made at the | ||||||
8 | second-class wine-maker's
licensed premises per year
for use | ||||||
9 | or consumption but not for resale in any form. A first-class | ||||||
10 | wine-maker that concurrently holds a class 1 brewer license or | ||||||
11 | a class 1 craft distiller license shall not be eligible to hold | ||||||
12 | a wine-maker's premises license. A wine-maker's premises | ||||||
13 | license shall allow a
licensee that concurrently holds a | ||||||
14 | first-class wine-maker's license or a second-class
| ||||||
15 | wine-maker's license to sell
and offer for sale at retail at | ||||||
16 | the premises specified in the wine-maker's premises license, | ||||||
17 | for use or consumption but not for resale in any form, any | ||||||
18 | beer, wine, and spirits purchased from a licensed distributor. | ||||||
19 | Upon approval from the
State Commission, a wine-maker's | ||||||
20 | premises license
shall allow the licensee to sell and offer | ||||||
21 | for sale at (i) the wine-maker's
licensed premises and (ii) at | ||||||
22 | up to 2 additional locations for use and
consumption and not | ||||||
23 | for resale. Each location shall require additional
licensing | ||||||
24 | per location as specified in Section 5-3 of this Act. A | ||||||
25 | wine-maker's premises licensee shall
secure liquor liability | ||||||
26 | insurance coverage in an amount at
least equal to the maximum |
| |||||||
| |||||||
1 | liability amounts set forth in
subsection (a) of Section 6-21 | ||||||
2 | of this Act.
| ||||||
3 | (j) An airplane license shall permit the licensee to | ||||||
4 | import
alcoholic liquors into this State from any point in the | ||||||
5 | United States
outside this State and to store such alcoholic | ||||||
6 | liquors in this State; to
make wholesale purchases of | ||||||
7 | alcoholic liquors directly from
manufacturers, foreign | ||||||
8 | importers, distributors and importing
distributors from within | ||||||
9 | or outside this State; and to store such
alcoholic liquors in | ||||||
10 | this State; provided that the above powers may be
exercised | ||||||
11 | only in connection with the importation, purchase or storage
| ||||||
12 | of alcoholic liquors to be sold or dispensed on an airplane; | ||||||
13 | and
provided further, that airplane licensees exercising the | ||||||
14 | above powers
shall be subject to all provisions of Article | ||||||
15 | VIII of this Act as
applied to importing distributors. An | ||||||
16 | airplane licensee shall also
permit the sale or dispensing of | ||||||
17 | alcoholic liquors on any passenger
airplane regularly operated | ||||||
18 | by a common carrier in this State, but shall
not permit the | ||||||
19 | sale for resale of any alcoholic liquors to any licensee
| ||||||
20 | within this State. A single airplane license shall be required | ||||||
21 | of an
airline company if liquor service is provided on board | ||||||
22 | aircraft in this
State. The annual fee for such license shall | ||||||
23 | be as determined in
Section 5-3. | ||||||
24 | (k) A foreign importer's license shall permit such | ||||||
25 | licensee to purchase
alcoholic liquor from Illinois licensed | ||||||
26 | non-resident dealers only, and to
import alcoholic liquor |
| |||||||
| |||||||
1 | other than in bulk from any point outside the
United States and | ||||||
2 | to sell such alcoholic liquor to Illinois licensed
importing | ||||||
3 | distributors and to no one else in Illinois;
provided that (i) | ||||||
4 | the foreign importer registers with the State Commission
every
| ||||||
5 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
6 | licensees during the
license period, (ii) the foreign importer | ||||||
7 | complies with all of the provisions
of Section
6-9 of this Act | ||||||
8 | with respect to registration of such Illinois licensees as may
| ||||||
9 | be granted the
right to sell such brands at wholesale, and | ||||||
10 | (iii) the foreign importer complies with the provisions of | ||||||
11 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
12 | provisions apply to manufacturers. | ||||||
13 | (l) (i) A broker's license shall be required of all | ||||||
14 | persons
who solicit
orders for, offer to sell or offer to | ||||||
15 | supply alcoholic liquor to
retailers in the State of Illinois, | ||||||
16 | or who offer to retailers to ship or
cause to be shipped or to | ||||||
17 | make contact with distillers, craft distillers, rectifiers,
| ||||||
18 | brewers or manufacturers or any other party within or without | ||||||
19 | the State
of Illinois in order that alcoholic liquors be | ||||||
20 | shipped to a distributor,
importing distributor or foreign | ||||||
21 | importer, whether such solicitation or
offer is consummated | ||||||
22 | within or without the State of Illinois. | ||||||
23 | No holder of a retailer's license issued by the Illinois | ||||||
24 | Liquor
Control Commission shall purchase or receive any | ||||||
25 | alcoholic liquor, the
order for which was solicited or offered | ||||||
26 | for sale to such retailer by a
broker unless the broker is the |
| |||||||
| |||||||
1 | holder of a valid broker's license. | ||||||
2 | The broker shall, upon the acceptance by a retailer of the | ||||||
3 | broker's
solicitation of an order or offer to sell or supply or | ||||||
4 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
5 | to the Illinois Liquor
Control Commission a notification of | ||||||
6 | said transaction in such form as
the Commission may by | ||||||
7 | regulations prescribe. | ||||||
8 | (ii) A broker's license shall be required of
a person | ||||||
9 | within this State, other than a retail licensee,
who, for a fee | ||||||
10 | or commission, promotes, solicits, or accepts orders for
| ||||||
11 | alcoholic liquor, for use or consumption and not for
resale, | ||||||
12 | to be shipped from this State and delivered to residents | ||||||
13 | outside of
this State by an express company, common carrier, | ||||||
14 | or contract carrier.
This Section does not apply to any person | ||||||
15 | who promotes, solicits, or accepts
orders for wine as | ||||||
16 | specifically authorized in Section 6-29 of this Act. | ||||||
17 | A broker's license under this subsection (l)
shall not | ||||||
18 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
19 | own account or to take or deliver title to
such alcoholic | ||||||
20 | liquors. | ||||||
21 | This subsection (l)
shall not apply to distributors, | ||||||
22 | employees of
distributors, or employees of a manufacturer who | ||||||
23 | has registered the
trademark, brand or name of the alcoholic | ||||||
24 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
25 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
26 | its registrants thereunder. |
| |||||||
| |||||||
1 | Any agent, representative, or person subject to | ||||||
2 | registration pursuant to
subsection (a-1) of this Section | ||||||
3 | shall not be eligible to receive a broker's
license. | ||||||
4 | (m) A non-resident dealer's license shall permit such | ||||||
5 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
6 | State from any point
outside of this State, and to sell such | ||||||
7 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
8 | importing distributors and to no one else in this State;
| ||||||
9 | provided that (i) said non-resident dealer shall register with | ||||||
10 | the Illinois Liquor
Control Commission each and every brand of | ||||||
11 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
12 | licensees during the license period, (ii) it shall comply with | ||||||
13 | all of the provisions of Section 6-9 hereof with
respect to | ||||||
14 | registration of such Illinois licensees as may be granted the | ||||||
15 | right
to sell such brands at wholesale by duly filing such | ||||||
16 | registration statement, thereby authorizing the non-resident | ||||||
17 | dealer to proceed to sell such brands at wholesale, and (iii) | ||||||
18 | the non-resident dealer shall comply with the provisions of | ||||||
19 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
20 | provisions apply to manufacturers. No person licensed as a | ||||||
21 | non-resident dealer shall be granted a distributor's or | ||||||
22 | importing distributor's license. | ||||||
23 | (n) A brew pub license shall allow the licensee to only (i) | ||||||
24 | manufacture up to 155,000 gallons of beer per year only
on the | ||||||
25 | premises specified in the license, (ii) make sales of the
beer | ||||||
26 | manufactured on the premises or, with the approval of the |
| |||||||
| |||||||
1 | Commission, beer manufactured on another brew pub licensed | ||||||
2 | premises that is wholly owned and operated by the same | ||||||
3 | licensee to importing distributors, distributors,
and to | ||||||
4 | non-licensees for use and consumption, (iii) store the beer | ||||||
5 | upon
the premises, (iv) sell and offer for sale at retail from | ||||||
6 | the licensed
premises for off-premises
consumption no more | ||||||
7 | than 155,000 gallons per year so long as such sales are only | ||||||
8 | made in-person, (v) sell and offer for sale at retail for use | ||||||
9 | and consumption on the premises specified in the license any | ||||||
10 | form of alcoholic liquor purchased from a licensed distributor | ||||||
11 | or importing distributor, (vi) with the prior approval of the | ||||||
12 | Commission, annually transfer no more than 155,000 gallons of | ||||||
13 | beer manufactured on the premises to a licensed brew pub | ||||||
14 | wholly owned and operated by the same licensee, and (vii) | ||||||
15 | notwithstanding item (i) of this subsection, brew pubs wholly | ||||||
16 | owned and operated by the same licensee may combine each | ||||||
17 | location's production limit of 155,000 gallons of beer per | ||||||
18 | year and allocate the aggregate total between the wholly | ||||||
19 | owned, operated, and licensed locations. | ||||||
20 | A brew pub licensee shall not under any circumstance sell | ||||||
21 | or offer for sale beer manufactured by the brew pub licensee to | ||||||
22 | retail licensees. | ||||||
23 | A person who holds a class 2 brewer license may | ||||||
24 | simultaneously hold a brew pub license if the class 2 brewer | ||||||
25 | (i) does not, under any circumstance, sell or offer for sale | ||||||
26 | beer manufactured by the class 2 brewer to retail licensees; |
| |||||||
| |||||||
1 | (ii) does not hold more than 3 brew pub licenses in this State; | ||||||
2 | (iii) does not manufacture more than a combined 3,720,000 | ||||||
3 | gallons of beer per year, including the beer manufactured at | ||||||
4 | the brew pub; and (iv) is not a member of or affiliated with, | ||||||
5 | directly or indirectly, a manufacturer that produces more than | ||||||
6 | 3,720,000 gallons of beer per year or any other alcoholic | ||||||
7 | liquor. | ||||||
8 | Notwithstanding any other provision of this Act, a | ||||||
9 | licensed brewer, class 2 brewer, or non-resident dealer who | ||||||
10 | before July 1, 2015 manufactured less than 3,720,000 gallons | ||||||
11 | of beer per year and held a brew pub license on or before July | ||||||
12 | 1, 2015 may (i) continue to qualify for and hold that brew pub | ||||||
13 | license for the licensed premises and (ii) manufacture more | ||||||
14 | than 3,720,000 gallons of beer per year and continue to | ||||||
15 | qualify for and hold that brew pub license if that brewer, | ||||||
16 | class 2 brewer, or non-resident dealer does not simultaneously | ||||||
17 | hold a class 1 brewer license and is not a member of or | ||||||
18 | affiliated with, directly or indirectly, a manufacturer that | ||||||
19 | produces more than 3,720,000 gallons of beer per year or that | ||||||
20 | produces any other alcoholic liquor. | ||||||
21 | A brew pub licensee may apply for a class 3 brewer license | ||||||
22 | and , upon : (i) meeting all applicable qualifications of this | ||||||
23 | Act , and relinquishing all commonly owned brew pub or retail | ||||||
24 | licenses , shall be issued a class 3 brewer license. Nothing in | ||||||
25 | this Act shall prohibit the issuance of a class 3 brewer | ||||||
26 | license if the applicant: |
| |||||||
| |||||||
1 | (1) has a valid retail license on or before May 1, | ||||||
2 | 2021; | ||||||
3 | (2) has an ownership interest in at least two brew | ||||||
4 | pubs licenses on or before May 1, 2021; | ||||||
5 | (3) the brew pub licensee applies for a class 3 brewer | ||||||
6 | license on or before October 1, 2022 and relinquishes all | ||||||
7 | commonly owned brew pub licenses; and | ||||||
8 | (4) relinquishes all commonly owned retail licenses on | ||||||
9 | or before December 31, 2022. | ||||||
10 | If a brew pub licensee is issued a class 3 brewer license, | ||||||
11 | the class 3 brewer license shall expire on the same date as the | ||||||
12 | existing brew pub license and the State Commission shall not | ||||||
13 | require a class 3 brewer licensee to obtain a brewer license, | ||||||
14 | or in the alternative to pay a fee for a brewer license, until | ||||||
15 | the date the brew pub license of the applicant would have | ||||||
16 | expired. | ||||||
17 | (o) A caterer retailer license shall allow the holder
to | ||||||
18 | serve alcoholic liquors as an incidental part of a food | ||||||
19 | service that serves
prepared meals which excludes the serving | ||||||
20 | of snacks as
the primary meal, either on or off-site whether | ||||||
21 | licensed or unlicensed. A caterer retailer license shall allow | ||||||
22 | the holder, a distributor, or an importing distributor to | ||||||
23 | transfer any inventory to and from the holder's retail | ||||||
24 | premises and shall allow the holder to purchase alcoholic | ||||||
25 | liquor from a distributor or importing distributor to be | ||||||
26 | delivered directly to an off-site event. |
| |||||||
| |||||||
1 | Nothing in this Act prohibits a distributor or importing | ||||||
2 | distributor from offering credit or a refund for unused, | ||||||
3 | salable beer to a holder of a caterer retailer license or a | ||||||
4 | caterer retailer licensee from accepting a credit or refund | ||||||
5 | for unused, salable beer, in the event an act of God is the | ||||||
6 | sole reason an off-site event is cancelled and if: (i) the | ||||||
7 | holder of a caterer retailer license has not transferred | ||||||
8 | alcoholic liquor from its caterer retailer premises to an | ||||||
9 | off-site location; (ii) the distributor or importing | ||||||
10 | distributor offers the credit or refund for the unused, | ||||||
11 | salable beer that it delivered to the off-site premises and | ||||||
12 | not for any unused, salable beer that the distributor or | ||||||
13 | importing distributor delivered to the caterer retailer's | ||||||
14 | premises; and (iii) the unused, salable beer would likely | ||||||
15 | spoil if transferred to the caterer retailer's premises. A | ||||||
16 | caterer retailer license shall allow the holder to transfer | ||||||
17 | any inventory from any off-site location to its caterer | ||||||
18 | retailer premises at the conclusion of an off-site event or | ||||||
19 | engage a distributor or importing distributor to transfer any | ||||||
20 | inventory from any off-site location to its caterer retailer | ||||||
21 | premises at the conclusion of an off-site event, provided that | ||||||
22 | the distributor or importing distributor issues bona fide | ||||||
23 | charges to the caterer retailer licensee for fuel, labor, and | ||||||
24 | delivery and the distributor or importing distributor collects | ||||||
25 | payment from the caterer retailer licensee prior to the | ||||||
26 | distributor or importing distributor transferring inventory to |
| |||||||
| |||||||
1 | the caterer retailer premises. | ||||||
2 | For purposes of this subsection (o), an "act of God" means | ||||||
3 | an unforeseeable event, such as a rain or snow storm, hail, a | ||||||
4 | flood, or a similar event, that is the sole cause of the | ||||||
5 | cancellation of an off-site, outdoor event. | ||||||
6 | (p) An auction liquor license shall allow the licensee to | ||||||
7 | sell and offer
for sale at auction wine and spirits for use or | ||||||
8 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
9 | accordance with provisions of this Act. An
auction liquor | ||||||
10 | license will be issued to a person and it will permit the
| ||||||
11 | auction liquor licensee to hold the auction anywhere in the | ||||||
12 | State. An auction
liquor license must be obtained for each | ||||||
13 | auction at least 14 days in advance of
the auction date. | ||||||
14 | (q) A special use permit license shall allow an Illinois | ||||||
15 | licensed
retailer to transfer a portion of its alcoholic | ||||||
16 | liquor inventory from its
retail licensed premises to the | ||||||
17 | premises specified in the license hereby
created; to purchase | ||||||
18 | alcoholic liquor from a distributor or importing distributor | ||||||
19 | to be delivered directly to the location specified in the | ||||||
20 | license hereby created; and to sell or offer for sale at | ||||||
21 | retail, only in the premises
specified in the license hereby | ||||||
22 | created, the transferred or delivered alcoholic liquor for
use | ||||||
23 | or consumption, but not for resale in any form. A special use | ||||||
24 | permit
license may be granted for the following time periods: | ||||||
25 | one day or less; 2 or
more days to a maximum of 15 days per | ||||||
26 | location in any 12-month period. An
applicant for the special |
| |||||||
| |||||||
1 | use permit license must also submit with the
application proof | ||||||
2 | satisfactory to the State Commission that the applicant will
| ||||||
3 | provide dram shop liability insurance to the maximum limits | ||||||
4 | and have local
authority approval. | ||||||
5 | A special use permit license shall allow the holder to | ||||||
6 | transfer any inventory from the holder's special use premises | ||||||
7 | to its retail premises at the conclusion of the special use | ||||||
8 | event or engage a distributor or importing distributor to | ||||||
9 | transfer any inventory from the holder's special use premises | ||||||
10 | to its retail premises at the conclusion of an off-site event, | ||||||
11 | provided that the distributor or importing distributor issues | ||||||
12 | bona fide charges to the special use permit licensee for fuel, | ||||||
13 | labor, and delivery and the distributor or importing | ||||||
14 | distributor collects payment from the retail licensee prior to | ||||||
15 | the distributor or importing distributor transferring | ||||||
16 | inventory to the retail premises. | ||||||
17 | Nothing in this Act prohibits a distributor or importing | ||||||
18 | distributor from offering credit or a refund for unused, | ||||||
19 | salable beer to a special use permit licensee or a special use | ||||||
20 | permit licensee from accepting a credit or refund for unused, | ||||||
21 | salable beer at the conclusion of the event specified in the | ||||||
22 | license if: (i) the holder of the special use permit license | ||||||
23 | has not transferred alcoholic liquor from its retail licensed | ||||||
24 | premises to the premises specified in the special use permit | ||||||
25 | license; (ii) the distributor or importing distributor offers | ||||||
26 | the credit or refund for the unused, salable beer that it |
| |||||||
| |||||||
1 | delivered to the premises specified in the special use permit | ||||||
2 | license and not for any unused, salable beer that the | ||||||
3 | distributor or importing distributor delivered to the | ||||||
4 | retailer's premises; and (iii) the unused, salable beer would | ||||||
5 | likely spoil if transferred to the retailer premises. | ||||||
6 | (r) A winery shipper's license shall allow a person
with a | ||||||
7 | first-class or second-class wine manufacturer's
license, a | ||||||
8 | first-class or second-class wine-maker's license,
or a limited | ||||||
9 | wine manufacturer's license or who is licensed to
make wine | ||||||
10 | under the laws of another state to ship wine
made by that | ||||||
11 | licensee directly to a resident of this
State who is 21 years | ||||||
12 | of age or older for that resident's
personal use and not for | ||||||
13 | resale. Prior to receiving a
winery shipper's license, an | ||||||
14 | applicant for the license must
provide the Commission with a | ||||||
15 | true copy of its current
license in any state in which it is | ||||||
16 | licensed as a manufacturer
of wine. An applicant for a winery | ||||||
17 | shipper's license must
also complete an application form that | ||||||
18 | provides any other
information the Commission deems necessary. | ||||||
19 | The application form shall include all addresses from which | ||||||
20 | the applicant for a winery shipper's license intends to ship | ||||||
21 | wine, including the name and address of any third party, | ||||||
22 | except for a common carrier, authorized to ship wine on behalf | ||||||
23 | of the manufacturer. The
application form shall include an | ||||||
24 | acknowledgement consenting
to the jurisdiction of the | ||||||
25 | Commission, the Illinois
Department of Revenue, and the courts | ||||||
26 | of this State concerning
the enforcement of this Act and any |
| |||||||
| |||||||
1 | related laws, rules, and
regulations, including authorizing | ||||||
2 | the Department of Revenue
and the Commission to conduct audits | ||||||
3 | for the purpose of
ensuring compliance with Public Act 95-634, | ||||||
4 | and an acknowledgement that the wine manufacturer is in | ||||||
5 | compliance with Section 6-2 of this Act. Any third party, | ||||||
6 | except for a common carrier, authorized to ship wine on behalf | ||||||
7 | of a first-class or second-class wine manufacturer's licensee, | ||||||
8 | a first-class or second-class wine-maker's licensee, a limited | ||||||
9 | wine manufacturer's licensee, or a person who is licensed to | ||||||
10 | make wine under the laws of another state shall also be | ||||||
11 | disclosed by the winery shipper's licensee, and a copy of the | ||||||
12 | written appointment of the third-party wine provider, except | ||||||
13 | for a common carrier, to the wine manufacturer shall be filed | ||||||
14 | with the State Commission as a supplement to the winery | ||||||
15 | shipper's license application or any renewal thereof. The | ||||||
16 | winery shipper's license holder shall affirm under penalty of | ||||||
17 | perjury, as part of the winery shipper's license application | ||||||
18 | or renewal, that he or she only ships wine, either directly or | ||||||
19 | indirectly through a third-party provider, from the licensee's | ||||||
20 | own production. | ||||||
21 | Except for a common carrier, a third-party provider | ||||||
22 | shipping wine on behalf of a winery shipper's license holder | ||||||
23 | is the agent of the winery shipper's license holder and, as | ||||||
24 | such, a winery shipper's license holder is responsible for the | ||||||
25 | acts and omissions of the third-party provider acting on | ||||||
26 | behalf of the license holder. A third-party provider, except |
| |||||||
| |||||||
1 | for a common carrier, that engages in shipping wine into | ||||||
2 | Illinois on behalf of a winery shipper's license holder shall | ||||||
3 | consent to the jurisdiction of the State Commission and the | ||||||
4 | State. Any third-party, except for a common carrier, holding | ||||||
5 | such an appointment shall, by February 1 of each calendar year | ||||||
6 | and upon request by the State Commission or the Department of | ||||||
7 | Revenue, file with the State Commission a statement detailing | ||||||
8 | each shipment made to an Illinois resident. The statement | ||||||
9 | shall include the name and address of the third-party provider | ||||||
10 | filing the statement, the time period covered by the | ||||||
11 | statement, and the following information: | ||||||
12 | (1) the name, address, and license number of the | ||||||
13 | winery shipper on whose behalf the shipment was made; | ||||||
14 | (2) the quantity of the products delivered; and | ||||||
15 | (3) the date and address of the shipment. | ||||||
16 | If the Department of Revenue or the State Commission requests | ||||||
17 | a statement under this paragraph, the third-party provider | ||||||
18 | must provide that statement no later than 30 days after the | ||||||
19 | request is made. Any books, records, supporting papers, and | ||||||
20 | documents containing information and data relating to a | ||||||
21 | statement under this paragraph shall be kept and preserved for | ||||||
22 | a period of 3 years, unless their destruction sooner is | ||||||
23 | authorized, in writing, by the Director of Revenue, and shall | ||||||
24 | be open and available to inspection by the Director of Revenue | ||||||
25 | or the State Commission or any duly authorized officer, agent, | ||||||
26 | or employee of the State Commission or the Department of |
| |||||||
| |||||||
1 | Revenue, at all times during business hours of the day. Any | ||||||
2 | person who violates any provision of this paragraph or any | ||||||
3 | rule of the State Commission for the administration and | ||||||
4 | enforcement of the provisions of this paragraph is guilty of a | ||||||
5 | Class C misdemeanor. In case of a continuing violation, each | ||||||
6 | day's continuance thereof shall be a separate and distinct | ||||||
7 | offense. | ||||||
8 | The State Commission shall adopt rules as soon as | ||||||
9 | practicable to implement the requirements of Public Act 99-904 | ||||||
10 | and shall adopt rules prohibiting any such third-party | ||||||
11 | appointment of a third-party provider, except for a common | ||||||
12 | carrier, that has been deemed by the State Commission to have | ||||||
13 | violated the provisions of this Act with regard to any winery | ||||||
14 | shipper licensee. | ||||||
15 | A winery shipper licensee must pay to the Department
of | ||||||
16 | Revenue the State liquor gallonage tax under Section 8-1 for
| ||||||
17 | all wine that is sold by the licensee and shipped to a person
| ||||||
18 | in this State. For the purposes of Section 8-1, a winery
| ||||||
19 | shipper licensee shall be taxed in the same manner as a
| ||||||
20 | manufacturer of wine. A licensee who is not otherwise required | ||||||
21 | to register under the Retailers' Occupation Tax Act must
| ||||||
22 | register under the Use Tax Act to collect and remit use tax to
| ||||||
23 | the Department of Revenue for all gallons of wine that are sold
| ||||||
24 | by the licensee and shipped to persons in this State. If a
| ||||||
25 | licensee fails to remit the tax imposed under this Act in
| ||||||
26 | accordance with the provisions of Article VIII of this Act, |
| |||||||
| |||||||
1 | the
winery shipper's license shall be revoked in accordance
| ||||||
2 | with the provisions of Article VII of this Act. If a licensee
| ||||||
3 | fails to properly register and remit tax under the Use Tax Act
| ||||||
4 | or the Retailers' Occupation Tax Act for all wine that is sold
| ||||||
5 | by the winery shipper and shipped to persons in this
State, the | ||||||
6 | winery shipper's license shall be revoked in
accordance with | ||||||
7 | the provisions of Article VII of this Act. | ||||||
8 | A winery shipper licensee must collect, maintain, and
| ||||||
9 | submit to the Commission on a semi-annual basis the
total | ||||||
10 | number of cases per resident of wine shipped to residents
of | ||||||
11 | this State.
A winery shipper licensed under this subsection | ||||||
12 | (r)
must comply with the requirements of Section 6-29 of this | ||||||
13 | Act. | ||||||
14 | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | ||||||
15 | Section 3-12, the State Commission may receive, respond to, | ||||||
16 | and investigate any complaint and impose any of the remedies | ||||||
17 | specified in paragraph (1) of subsection (a) of Section 3-12. | ||||||
18 | As used in this subsection, "third-party provider" means | ||||||
19 | any entity that provides fulfillment house services, including | ||||||
20 | warehousing, packaging, distribution, order processing, or | ||||||
21 | shipment of wine, but not the sale of wine, on behalf of a | ||||||
22 | licensed winery shipper. | ||||||
23 | (s) A craft distiller tasting permit license shall allow | ||||||
24 | an Illinois licensed class 1 craft distiller or class 2 craft | ||||||
25 | distiller to transfer a portion of its alcoholic liquor | ||||||
26 | inventory from its class 1 craft distiller or class 2 craft |
| |||||||
| |||||||
1 | distiller licensed premises to the premises specified in the | ||||||
2 | license hereby created and to conduct a sampling, only in the | ||||||
3 | premises specified in the license hereby created, of the | ||||||
4 | transferred alcoholic liquor in accordance with subsection (c) | ||||||
5 | of Section 6-31 of this Act. The transferred alcoholic liquor | ||||||
6 | may not be sold or resold in any form. An applicant for the | ||||||
7 | craft distiller tasting permit license must also submit with | ||||||
8 | the application proof satisfactory to the State Commission | ||||||
9 | that the applicant will provide dram shop liability insurance | ||||||
10 | to the maximum limits and have local authority approval. | ||||||
11 | (t) A brewer warehouse permit may be issued to the holder | ||||||
12 | of a class 1 brewer license or a class 2 brewer license. If the | ||||||
13 | holder of the permit is a class 1 brewer licensee, the brewer | ||||||
14 | warehouse permit shall allow the holder to store or warehouse | ||||||
15 | up to 930,000 gallons of tax-determined beer manufactured by | ||||||
16 | the holder of the permit at the premises specified on the | ||||||
17 | permit. If the holder of the permit is a class 2 brewer | ||||||
18 | licensee, the brewer warehouse permit shall allow the holder | ||||||
19 | to store or warehouse up to 3,720,000 gallons of | ||||||
20 | tax-determined beer manufactured by the holder of the permit | ||||||
21 | at the premises specified on the permit. Sales to | ||||||
22 | non-licensees are prohibited at the premises specified in the | ||||||
23 | brewer warehouse permit. | ||||||
24 | (u) A distilling pub license shall allow the licensee to | ||||||
25 | only (i) manufacture up to 5,000 gallons of spirits per year | ||||||
26 | only on the premises specified in the license, (ii) make sales |
| |||||||
| |||||||
1 | of the spirits manufactured on the premises or, with the | ||||||
2 | approval of the State Commission, spirits manufactured on | ||||||
3 | another distilling pub licensed premises that is wholly owned | ||||||
4 | and operated by the same licensee to importing distributors | ||||||
5 | and distributors and to non-licensees for use and consumption, | ||||||
6 | (iii) store the spirits upon the premises, (iv) sell and offer | ||||||
7 | for sale at retail from the licensed premises for off-premises | ||||||
8 | consumption no more than 5,000 gallons per year so long as such | ||||||
9 | sales are only made in-person, (v) sell and offer for sale at | ||||||
10 | retail for use and consumption on the premises specified in | ||||||
11 | the license any form of alcoholic liquor purchased from a | ||||||
12 | licensed distributor or importing distributor, and (vi) with | ||||||
13 | the prior approval of the State Commission, annually transfer | ||||||
14 | no more than 5,000 gallons of spirits manufactured on the | ||||||
15 | premises to a licensed distilling pub wholly owned and | ||||||
16 | operated by the same licensee. | ||||||
17 | A distilling pub licensee shall not under any circumstance | ||||||
18 | sell or offer for sale spirits manufactured by the distilling | ||||||
19 | pub licensee to retail licensees. | ||||||
20 | A person who holds a class 2 craft distiller license may | ||||||
21 | simultaneously hold a distilling pub license if the class 2 | ||||||
22 | craft distiller (i) does not, under any circumstance, sell or | ||||||
23 | offer for sale spirits manufactured by the class 2 craft | ||||||
24 | distiller to retail licensees; (ii) does not hold more than 3 | ||||||
25 | distilling pub licenses in this State; (iii) does not | ||||||
26 | manufacture more than a combined 100,000 gallons of spirits |
| |||||||
| |||||||
1 | per year, including the spirits manufactured at the distilling | ||||||
2 | pub; and (iv) is not a member of or affiliated with, directly | ||||||
3 | or indirectly, a manufacturer that produces more than 100,000 | ||||||
4 | gallons of spirits per year or any other alcoholic liquor. | ||||||
5 | (v) A craft distiller warehouse permit may be issued to | ||||||
6 | the holder of a class 1 craft distiller or class 2 craft | ||||||
7 | distiller license. The craft distiller warehouse permit shall | ||||||
8 | allow the holder to store or warehouse up to 500,000 gallons of | ||||||
9 | spirits manufactured by the holder of the permit at the | ||||||
10 | premises specified on the permit. Sales to non-licensees are | ||||||
11 | prohibited at the premises specified in the craft distiller | ||||||
12 | warehouse permit. | ||||||
13 | (w) A beer showcase permit license shall allow an | ||||||
14 | Illinois-licensed distributor to transfer a portion of its | ||||||
15 | beer inventory from its licensed premises to the premises | ||||||
16 | specified in the beer showcase permit license, and, in the | ||||||
17 | case of a class 3 brewer, transfer only beer the class 3 brewer | ||||||
18 | manufactures from its licensed premises to the premises | ||||||
19 | specified in the beer showcase permit license; and to sell or | ||||||
20 | offer for sale at retail, only in the premises specified in the | ||||||
21 | beer showcase permit license, the transferred or delivered | ||||||
22 | beer for on or off premise consumption, but not for resale in | ||||||
23 | any form and to sell to non-licensees not more than 96 fluid | ||||||
24 | ounces of beer per person. A beer showcase permit license may | ||||||
25 | be granted for the following time periods: one day or less; or | ||||||
26 | 2 or more days to a maximum of 15 days per location in any |
| |||||||
| |||||||
1 | 12-month period. An applicant for a beer showcase permit | ||||||
2 | license must also submit with the application proof | ||||||
3 | satisfactory to the State Commission that the applicant will | ||||||
4 | provide dram shop liability insurance to the maximum limits | ||||||
5 | and have local authority approval. The State Commission shall | ||||||
6 | require the beer showcase applicant to comply with Section | ||||||
7 | 6-27.1. | ||||||
8 | (Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; | ||||||
9 | 101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. | ||||||
10 | 8-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22; | ||||||
11 | 102-442, eff. 8-20-21; revised 2-28-22.)"; and | ||||||
12 | on page 6, lines 11 and 12, by replacing "August 1, 2022" with | ||||||
13 | "upon becoming law".
|