SB3456sam001 97TH GENERAL ASSEMBLY

Sen. Michael W. Frerichs

Filed: 2/22/2012

09700SB3456sam001 LRB097 17702 AJO 66194 a

AMENDMENT TO SENATE BILL 3456

AMENDMENT NO. ______. Amend Senate Bill 3456 on page 1, by replacing line 5 with the following: "adding Section 1-3.39 and by changing Sections 5-1 and 5-3 as follows:

(235 ILCS 5/1-3.39 new)

Sec. 1-3.39. Winery special use permit. "Winery special use permit" means a permit for use by a first-class or second-class wine-maker that also holds a wine-maker's premises license that authorizes the wine-maker to transfer some of its wine inventory from its licensed premises to sell at retail only at premises specified in a local authority license and only for the dates and times specified."; and

on page 2, line 9, after "use", by replacing "license" with "permit"; and

on page 18, by replacing lines 13 through 26 with the following:

"(s) A winery special use permit shall allow an Illinois first-class or second-class wine-maker that also holds a wine-maker's premises license to transfer a portion of its wine inventory from its licensed premises to the premises specified in the local liquor authority license and to sell or offer for sale at retail only at the premises specified in the local authority license and only for the dates and times specified in the local authority license. A winery special use permit may be granted for a period not to exceed 12 months for a maximum of 15 consecutive days or 50 non-consecutive days at a single location. An applicant for a winery special use permit must also submit with the application to the State Commission a list of dates and locations of all events to be scheduled during the 12-month license period and proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance to the maximum limits. If the date and location of an event is undetermined at the time of application, then the winery special use permit holder shall submit to the State Commission the date and time of the additional event in a manner acceptable to the State Commission at least 7 days prior to the event, at which time the permit holder shall obtain an amended winery special use permit. The winery special use permit holder shall obtain local authority approval for each use of the permit and the winery special use permit shall state "THIS WINERY SPECIAL USE PERMIT SHALL BE VOID IF THE NAMED HOLDER IS UNABLE TO OBTAIN AND PRODUCE ADEQUATE WRITTEN PROOF THAT WINE SALES BY THE PERMIT HOLDER HAVE BEEN AUTHORIZED BY THE LOCAL LIQUOR LICENSING AUTHORITY.". The State Commission may issue a winery special use permit prior to local authority approval. State Commission approval of the winery special permit does not mandate local approval of wine sales at the event. A winery special use permit shall allow the applicant to sell only its own manufactured wine."; and

on page 19, by deleting lines 1 and 2; and

on page 20, line 26, after "use", by replacing "license" with "permit".