99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5820

 

Introduced , by Rep. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/5-3  from Ch. 43, par. 118
235 ILCS 5/10-1  from Ch. 43, par. 183

    Amends the Liquor Control Act of 1934. Increases the fees for certain licenses and establishes different fees for licenses that are renewed online. Provides that on and after June 30, 2016, one-half of the funds received for a retailer's license shall be paid into the Dram Shop Fund and one-half of the funds received for a retailer's license shall be paid into the General Revenue Fund. Provides that any person who, without a license issued by the Illinois Liquor Control Commission, manufactures, bottles, blends, sells, barters, transports, transfers into this State from a point outside this State, delivers, furnishes, or possesses any alcoholic liquor for beverage purposes commits a Class A misdemeanor for a first offense and a Class 4 felony for each subsequent offense. Provides that this prohibition does not prohibit the possession of alcoholic liquor for personal use or the making of beer or wine for personal use or for family or guests. Effective immediately.


LRB099 20449 RPS 44953 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5820LRB099 20449 RPS 44953 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 5-3 and 10-1 as follows:
 
6    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
7    Sec. 5-3. License fees. Except as otherwise provided
8herein, at the time application is made to the State Commission
9for a license of any class, the applicant shall pay to the
10State Commission the fee hereinafter provided for the kind of
11license applied for.
12    The fee for licenses issued by the State Commission shall
13be as follows:
14    For a manufacturer's license:
15OnlineInitial
16renewallicense
17 or
18 non-online
19 renewal
20
21    Class 1. Distiller .................$4,000$5,000 $3,600
22    Class 2. Rectifier .................4,000 5,000 3,600
23    Class 3. Brewer ....................1,200 1,500 900

 

 

HB5820- 2 -LRB099 20449 RPS 44953 b

1    Class 4. First-class Wine
2        Manufacturer ...................750900 600
3    Class 5. Second-class
4        Wine Manufacturer ..............1,500 1,750 1,200
5    Class 6. First-class wine-maker ....750 900 600
6    Class 7. Second-class wine-maker ...1,500 1,750 1200
7    Class 8. Limited Wine Manufacturer..250 350 120
8    Class 9. Craft Distiller............ 2,000 2,500 1,800
9    Class 10. Class 1 Brewer............50 75 25
10    Class 11. Class 2 Brewer............ 75 100 25
11    For a Brew Pub License..............1,2001,500 1,050
12    For a caterer retailer's license....350 500 200
13    For a foreign importer's license ...25 25
14    For an importing distributor's
15        license.........................2525
16    For a distributor's license
17        (11,250,000 gallons
18        or over)........................1,4502,200
19    For a distributor's license
20        (over 4,500,000 gallons,
21        but under 11,250,000 gallons)... 9501,450
22    For a distributor's license
23        (4,500,000 gallons or under.....300450
24    For a distributor's license ......... 270
25    For a non-resident dealer's license
26        (500,000 gallons or over) ......1,200 1,500 270

 

 

HB5820- 3 -LRB099 20449 RPS 44953 b

1    For a non-resident dealer's license
2        (under 500,000 gallons) ........250 350 90
3    For a wine-maker's premises license .250 500 100
4    For a winery shipper's license
5        (under 250,000 gallons).........200 350 150
6    For a winery shipper's license
7        (250,000 or over, but
8        under 500,000 gallons)..........7501,000 500
9    For a winery shipper's license
10        (500,000 gallons or over).......1,200 1,500 1,000
11    For a wine-maker's premises license,
12        second location ................500 1,000 350
13    For a wine-maker's premises license,
14        third location .................5001,000 350
15    For a retailer's license ...........600 750 500
16    For a special event retailer's
17        license, (not-for-profit) ......25 25
18    For a special use permit license,
19        one day only ...................100 150 50
20        2 days or more .................150 250 100
21    For a railroad license .............100 150 60
22    For a boat license .................500 1,000 180
23    For an airplane license, times the
24        licensee's maximum number of
25        aircraft in flight, serving
26        liquor over the State at any

 

 

HB5820- 4 -LRB099 20449 RPS 44953 b

1        given time, which either
2        originate, terminate, or make
3        an intermediate stop in
4        the State.......................100150 60
5    For a non-beverage user's license:
6        Class 1 ........................2424
7        Class 2 ........................6060
8        Class 3 ........................120120
9        Class 4 ........................240240
10        Class 5 ........................600600
11    For a broker's license .............750 1,000 600
12    For an auction liquor license ......100 150 50
13    For a homebrewer special
14        event permit....................2525
15    For a BASSET trainer license........ 300 350
16    For a tasting representative
17        license.........................200300
18    Fees collected under this Section shall be paid into the
19Dram Shop Fund. On and after July 1, 2003 and until June 30,
202016, of the funds received for a retailer's license, in
21addition to the first $175, an additional $75 shall be paid
22into the Dram Shop Fund, and $250 shall be paid into the
23General Revenue Fund. On and after June 30, 2016, one-half of
24the funds received for a retailer's license shall be paid into
25the Dram Shop Fund and one-half of the funds received for a
26retailer's license shall be paid into the General Revenue Fund.

 

 

HB5820- 5 -LRB099 20449 RPS 44953 b

1Beginning June 30, 1990 and on June 30 of each subsequent year
2through June 29, 2003, any balance over $5,000,000 remaining in
3the Dram Shop Fund shall be credited to State liquor licensees
4and applied against their fees for State liquor licenses for
5the following year. The amount credited to each licensee shall
6be a proportion of the balance in the Dram Fund that is the
7same as the proportion of the license fee paid by the licensee
8under this Section for the period in which the balance was
9accumulated to the aggregate fees paid by all licensees during
10that period.
11    No fee shall be paid for licenses issued by the State
12Commission to the following non-beverage users:
13        (a) Hospitals, sanitariums, or clinics when their use
14    of alcoholic liquor is exclusively medicinal, mechanical
15    or scientific.
16        (b) Universities, colleges of learning or schools when
17    their use of alcoholic liquor is exclusively medicinal,
18    mechanical or scientific.
19        (c) Laboratories when their use is exclusively for the
20    purpose of scientific research.
21(Source: P.A. 98-55, eff. 7-5-13; 99-448, eff. 8-24-15.)
 
22    (235 ILCS 5/10-1)  (from Ch. 43, par. 183)
23    Sec. 10-1. Violations; penalties. Whereas a substantial
24threat to the sound and careful control, regulation, and
25taxation of the manufacture, sale, and distribution of

 

 

HB5820- 6 -LRB099 20449 RPS 44953 b

1alcoholic liquors exists by virtue of individuals who
2manufacture, import, distribute, or sell alcoholic liquors
3within the State without having first obtained a valid license
4to do so, and whereas such threat is especially serious along
5the borders of this State, and whereas such threat requires
6immediate correction by this Act, by active investigation and
7prosecution by law enforcement officials and prosecutors, and
8by prompt and strict enforcement through the courts of this
9State to punish violators and to deter such conduct in the
10future:
11    (a) Any person who, without a license issued by the State
12Commission, manufactures, bottles, blends, sells, barters,
13transports, transfers into this State from a point outside this
14State, delivers, furnishes, or possesses any alcoholic liquor
15for beverage purposes commits a Class A misdemeanor for a first
16offense and a Class 4 felony for each subsequent offense. This
17Section does not prohibit the possession of alcoholic liquor
18for personal use. This Section does not prevent the making of
19beer or wine by simple fermentation and without distillation
20for the personal use of the possessor or his or her family or
21guests. Any person who manufactures, imports for distribution
22or use, or distributes or sells alcoholic liquor at any place
23within the State without having first obtained a valid license
24to do so under the provisions of this Act shall be guilty of a
25business offense and fined not more than $1,000 for the first
26such offense and shall be guilty of a Class 4 felony for each

 

 

HB5820- 7 -LRB099 20449 RPS 44953 b

1subsequent offense.
2    (b) (1) Any retailer, licensed in this State, who knowingly
3causes to furnish, give, sell, or otherwise being within the
4State, any alcoholic liquor destined to be used, distributed,
5consumed or sold in another state, unless such alcoholic liquor
6was received in this State by a duly licensed distributor, or
7importing distributors shall have his license suspended for 7
8days for the first offense and for the second offense, shall
9have his license revoked by the Commission.
10    (2) In the event the Commission receives a certified copy
11of a final order from a foreign jurisdiction that an Illinois
12retail licensee has been found to have violated that foreign
13jurisdiction's laws, rules, or regulations concerning the
14importation of alcoholic liquor into that foreign
15jurisdiction, the violation may be grounds for the Commission
16to revoke, suspend, or refuse to issue or renew a license, to
17impose a fine, or to take any additional action provided by
18this Act with respect to the Illinois retail license or
19licensee. Any such action on the part of the Commission shall
20be in accordance with this Act and implementing rules.
21    For the purposes of paragraph (2): (i) "foreign
22jurisdiction" means a state, territory, or possession of the
23United States, the District of Columbia, or the Commonwealth of
24Puerto Rico, and (ii) "final order" means an order or judgment
25of a court or administrative body that determines the rights of
26the parties respecting the subject matter of the proceeding,

 

 

HB5820- 8 -LRB099 20449 RPS 44953 b

1that remains in full force and effect, and from which no appeal
2can be taken.
3    (c) Any person who shall make any false statement or
4otherwise violates any of the provisions of this Act in
5obtaining any license hereunder, or who having obtained a
6license hereunder shall violate any of the provisions of this
7Act with respect to the manufacture, possession, distribution
8or sale of alcoholic liquor, or with respect to the maintenance
9of the licensed premises, or shall violate any other provision
10of this Act, shall for a first offense be guilty of a petty
11offense and fined not more than $500, and for a second or
12subsequent offense shall be guilty of a Class B misdemeanor.
13    (c-5) Any owner of an establishment that serves alcohol on
14its premises, if more than 50% of the establishment's gross
15receipts within the prior 3 months is from the sale of alcohol,
16who knowingly fails to prohibit concealed firearms on its
17premises or who knowingly makes a false statement or record
to
18avoid the prohibition of concealed firearms on its premises
19under the Firearm Concealed Carry Act shall be guilty of a
20business offense with a fine up to $5,000.
21    (d) Each day any person engages in business as a
22manufacturer, foreign importer, importing distributor,
23distributor or retailer in violation of the provisions of this
24Act shall constitute a separate offense.
25    (e) Any person, under the age of 21 years who, for the
26purpose of buying, accepting or receiving alcoholic liquor from

 

 

HB5820- 9 -LRB099 20449 RPS 44953 b

1a licensee, represents that he is 21 years of age or over shall
2be guilty of a Class A misdemeanor.
3    (f) In addition to the penalties herein provided, any
4person licensed as a wine-maker in either class who
5manufactures more wine than authorized by his license shall be
6guilty of a business offense and shall be fined $1 for each
7gallon so manufactured.
8    (g) A person shall be exempt from prosecution for a
9violation of this Act if he is a peace officer in the
10enforcement of the criminal laws and such activity is approved
11in writing by one of the following:
12        (1) In all counties, the respective State's Attorney;
13        (2) The Director of State Police under Section 2605-10,
14    2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115,
15    2605-120, 2605-130, 2605-140, 2605-190, 2605-200,
16    2605-205, 2605-210, 2605-215, 2605-250, 2605-275,
17    2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
18    2605-340, 2605-350, 2605-355, 2605-360, 2605-365,
19    2605-375, 2605-390, 2605-400, 2605-405, 2605-420,
20    2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the
21    Department of State Police Law (20 ILCS 2605/2605-10,
22    2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
23    2605/2605-110, 2605/2605-115, 2605/2605-120,
24    2605/2605-130, 2605/2605-140, 2605/2605-190,
25    2605/2605-200, 2605/2605-205, 2605/2605-210,
26    2605/2605-215, 2605/2605-250, 2605/2605-275,

 

 

HB5820- 10 -LRB099 20449 RPS 44953 b

1    2605/2605-300, 2605/2605-305, 2605/2605-315,
2    2605/2605-325, 2605/2605-335, 2605/2605-340,
3    2605/2605-350, 2605/2605-355, 2605/2605-360,
4    2605/2605-365, 2605/2605-375, 2605/2605-390,
5    2605/2605-400, 2605/2605-405, 2605/2605-420,
6    2605/2605-430, 2605/2605-435, 2605/2605-500,
7    2605/2605-525, or 2605/2605-550); or
8        (3) In cities over 1,000,000, the Superintendent of
9    Police.
10(Source: P.A. 98-63, eff. 7-9-13.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.