Sen. Iris Y. Martinez

Filed: 5/9/2019

 

 


 

 


 
10100HB2675sam001LRB101 07840 RPS 60161 a

1
AMENDMENT TO HOUSE BILL 2675

2    AMENDMENT NO. ______. Amend House Bill 2675 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 1-3.40, 3-12, 5-1, 5-3, and 6-4 as follows:
 
6    (235 ILCS 5/1-3.40)
7    Sec. 1-3.40. Manufacturer class license holder.
8"Manufacturer class license holder" means any holder of a
9Manufacturer's license as provided in Section 5-1 of this Act.
10The Manufacturer's licenses are: a Class 1. Distiller, a Class
112. Rectifier, a Class 3. Brewer, a Class 4. First Class Wine
12Manufacturer, a Class 5. Second Class Wine Manufacturer, a
13Class 6. First Class Winemaker, a Class 7. Second Class
14Winemaker, a Class 8. Limited Wine Manufacturer, a Class 9.
15Class 1 Craft Distiller, a Class 10. Class 2 Craft Distiller,
16and a Class 11. Class 1 Brewer, and a Class 12. Class 2 Brewer,

 

 

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110. Craft Brewer and any future Manufacturer's licenses
2established by law.
3(Source: P.A. 99-282, eff. 8-5-15; 99-642, eff. 7-28-16.)
 
4    (235 ILCS 5/3-12)
5    Sec. 3-12. Powers and duties of State Commission.
6    (a) The State Commission shall have the following powers,
7functions, and duties:
8        (1) To receive applications and to issue licenses to
9    manufacturers, foreign importers, importing distributors,
10    distributors, non-resident dealers, on premise consumption
11    retailers, off premise sale retailers, special event
12    retailer licensees, special use permit licenses, auction
13    liquor licenses, brew pubs, caterer retailers,
14    non-beverage users, railroads, including owners and
15    lessees of sleeping, dining and cafe cars, airplanes,
16    boats, brokers, and wine maker's premises licensees in
17    accordance with the provisions of this Act, and to suspend
18    or revoke such licenses upon the State Commission's
19    determination, upon notice after hearing, that a licensee
20    has violated any provision of this Act or any rule or
21    regulation issued pursuant thereto and in effect for 30
22    days prior to such violation. Except in the case of an
23    action taken pursuant to a violation of Section 6-3, 6-5,
24    or 6-9, any action by the State Commission to suspend or
25    revoke a licensee's license may be limited to the license

 

 

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1    for the specific premises where the violation occurred. An
2    action for a violation of this Act shall be commenced by
3    the State Commission within 2 years after the date the
4    State Commission becomes aware of the violation.
5        In lieu of suspending or revoking a license, the
6    commission may impose a fine, upon the State Commission's
7    determination and notice after hearing, that a licensee has
8    violated any provision of this Act or any rule or
9    regulation issued pursuant thereto and in effect for 30
10    days prior to such violation.
11        For the purpose of this paragraph (1), when determining
12    multiple violations for the sale of alcohol to a person
13    under the age of 21, a second or subsequent violation for
14    the sale of alcohol to a person under the age of 21 shall
15    only be considered if it was committed within 5 years after
16    the date when a prior violation for the sale of alcohol to
17    a person under the age of 21 was committed.
18        The fine imposed under this paragraph may not exceed
19    $500 for each violation. Each day that the activity, which
20    gave rise to the original fine, continues is a separate
21    violation. The maximum fine that may be levied against any
22    licensee, for the period of the license, shall not exceed
23    $20,000. The maximum penalty that may be imposed on a
24    licensee for selling a bottle of alcoholic liquor with a
25    foreign object in it or serving from a bottle of alcoholic
26    liquor with a foreign object in it shall be the destruction

 

 

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1    of that bottle of alcoholic liquor for the first 10 bottles
2    so sold or served from by the licensee. For the eleventh
3    bottle of alcoholic liquor and for each third bottle
4    thereafter sold or served from by the licensee with a
5    foreign object in it, the maximum penalty that may be
6    imposed on the licensee is the destruction of the bottle of
7    alcoholic liquor and a fine of up to $50.
8        Any notice issued by the State Commission to a licensee
9    for a violation of this Act or any notice with respect to
10    settlement or offer in compromise shall include the field
11    report, photographs, and any other supporting
12    documentation necessary to reasonably inform the licensee
13    of the nature and extent of the violation or the conduct
14    alleged to have occurred. The failure to include such
15    required documentation shall result in the dismissal of the
16    action.
17        (2) To adopt such rules and regulations consistent with
18    the provisions of this Act which shall be necessary to
19    carry on its functions and duties to the end that the
20    health, safety and welfare of the People of the State of
21    Illinois shall be protected and temperance in the
22    consumption of alcoholic liquors shall be fostered and
23    promoted and to distribute copies of such rules and
24    regulations to all licensees affected thereby.
25        (3) To call upon other administrative departments of
26    the State, county and municipal governments, county and

 

 

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1    city police departments and upon prosecuting officers for
2    such information and assistance as it deems necessary in
3    the performance of its duties.
4        (4) To recommend to local commissioners rules and
5    regulations, not inconsistent with the law, for the
6    distribution and sale of alcoholic liquors throughout the
7    State.
8        (5) To inspect, or cause to be inspected, any premises
9    in this State where alcoholic liquors are manufactured,
10    distributed, warehoused, or sold. Nothing in this Act
11    authorizes an agent of the Commission to inspect private
12    areas within the premises without reasonable suspicion or a
13    warrant during an inspection. "Private areas" include, but
14    are not limited to, safes, personal property, and closed
15    desks.
16        (5.1) Upon receipt of a complaint or upon having
17    knowledge that any person is engaged in business as a
18    manufacturer, importing distributor, distributor, or
19    retailer without a license or valid license, to notify the
20    local liquor authority, file a complaint with the State's
21    Attorney's Office of the county where the incident
22    occurred, or initiate an investigation with the
23    appropriate law enforcement officials.
24        (5.2) To issue a cease and desist notice to persons
25    shipping alcoholic liquor into this State from a point
26    outside of this State if the shipment is in violation of

 

 

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1    this Act.
2        (5.3) To receive complaints from licensees, local
3    officials, law enforcement agencies, organizations, and
4    persons stating that any licensee has been or is violating
5    any provision of this Act or the rules and regulations
6    issued pursuant to this Act. Such complaints shall be in
7    writing, signed and sworn to by the person making the
8    complaint, and shall state with specificity the facts in
9    relation to the alleged violation. If the Commission has
10    reasonable grounds to believe that the complaint
11    substantially alleges a violation of this Act or rules and
12    regulations adopted pursuant to this Act, it shall conduct
13    an investigation. If, after conducting an investigation,
14    the Commission is satisfied that the alleged violation did
15    occur, it shall proceed with disciplinary action against
16    the licensee as provided in this Act.
17        (6) To hear and determine appeals from orders of a
18    local commission in accordance with the provisions of this
19    Act, as hereinafter set forth. Hearings under this
20    subsection shall be held in Springfield or Chicago, at
21    whichever location is the more convenient for the majority
22    of persons who are parties to the hearing.
23        (7) The commission shall establish uniform systems of
24    accounts to be kept by all retail licensees having more
25    than 4 employees, and for this purpose the commission may
26    classify all retail licensees having more than 4 employees

 

 

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1    and establish a uniform system of accounts for each class
2    and prescribe the manner in which such accounts shall be
3    kept. The commission may also prescribe the forms of
4    accounts to be kept by all retail licensees having more
5    than 4 employees, including but not limited to accounts of
6    earnings and expenses and any distribution, payment, or
7    other distribution of earnings or assets, and any other
8    forms, records and memoranda which in the judgment of the
9    commission may be necessary or appropriate to carry out any
10    of the provisions of this Act, including but not limited to
11    such forms, records and memoranda as will readily and
12    accurately disclose at all times the beneficial ownership
13    of such retail licensed business. The accounts, forms,
14    records and memoranda shall be available at all reasonable
15    times for inspection by authorized representatives of the
16    State Commission or by any local liquor control
17    commissioner or his or her authorized representative. The
18    commission, may, from time to time, alter, amend or repeal,
19    in whole or in part, any uniform system of accounts, or the
20    form and manner of keeping accounts.
21        (8) In the conduct of any hearing authorized to be held
22    by the commission, to appoint, at the commission's
23    discretion, hearing officers to conduct hearings involving
24    complex issues or issues that will require a protracted
25    period of time to resolve, to examine, or cause to be
26    examined, under oath, any licensee, and to examine or cause

 

 

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1    to be examined the books and records of such licensee; to
2    hear testimony and take proof material for its information
3    in the discharge of its duties hereunder; to administer or
4    cause to be administered oaths; for any such purpose to
5    issue subpoena or subpoenas to require the attendance of
6    witnesses and the production of books, which shall be
7    effective in any part of this State, and to adopt rules to
8    implement its powers under this paragraph (8).
9        Any circuit court may by order duly entered, require
10    the attendance of witnesses and the production of relevant
11    books subpoenaed by the State Commission and the court may
12    compel obedience to its order by proceedings for contempt.
13        (9) To investigate the administration of laws in
14    relation to alcoholic liquors in this and other states and
15    any foreign countries, and to recommend from time to time
16    to the Governor and through him or her to the legislature
17    of this State, such amendments to this Act, if any, as it
18    may think desirable and as will serve to further the
19    general broad purposes contained in Section 1-2 hereof.
20        (10) To adopt such rules and regulations consistent
21    with the provisions of this Act which shall be necessary
22    for the control, sale or disposition of alcoholic liquor
23    damaged as a result of an accident, wreck, flood, fire or
24    other similar occurrence.
25        (11) To develop industry educational programs related
26    to responsible serving and selling, particularly in the

 

 

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1    areas of overserving consumers and illegal underage
2    purchasing and consumption of alcoholic beverages.
3        (11.1) To license persons providing education and
4    training to alcohol beverage sellers and servers for
5    mandatory and non-mandatory training under the Beverage
6    Alcohol Sellers and Servers Education and Training
7    (BASSET) programs and to develop and administer a public
8    awareness program in Illinois to reduce or eliminate the
9    illegal purchase and consumption of alcoholic beverage
10    products by persons under the age of 21. Application for a
11    license shall be made on forms provided by the State
12    Commission.
13        (12) To develop and maintain a repository of license
14    and regulatory information.
15        (13) (Blank).
16        (14) On or before April 30, 2008 and every 2 years
17    thereafter, the Commission shall present a written report
18    to the Governor and the General Assembly that shall be
19    based on a study of the impact of Public Act 95-634 on the
20    business of soliciting, selling, and shipping wine from
21    inside and outside of this State directly to residents of
22    this State. As part of its report, the Commission shall
23    provide all of the following information:
24            (A) The amount of State excise and sales tax
25        revenues generated.
26            (B) The amount of licensing fees received.

 

 

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1            (C) The number of cases of wine shipped from inside
2        and outside of this State directly to residents of this
3        State.
4            (D) The number of alcohol compliance operations
5        conducted.
6            (E) The number of winery shipper's licenses
7        issued.
8            (F) The number of each of the following: reported
9        violations; cease and desist notices issued by the
10        Commission; notices of violations issued by the
11        Commission and to the Department of Revenue; and
12        notices and complaints of violations to law
13        enforcement officials, including, without limitation,
14        the Illinois Attorney General and the U.S. Department
15        of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
16        (15) As a means to reduce the underage consumption of
17    alcoholic liquors, the Commission shall conduct alcohol
18    compliance operations to investigate whether businesses
19    that are soliciting, selling, and shipping wine from inside
20    or outside of this State directly to residents of this
21    State are licensed by this State or are selling or
22    attempting to sell wine to persons under 21 years of age in
23    violation of this Act.
24        (16) The Commission shall, in addition to notifying any
25    appropriate law enforcement agency, submit notices of
26    complaints or violations of Sections 6-29 and 6-29.1 by

 

 

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1    persons who do not hold a winery shipper's license under
2    this Act to the Illinois Attorney General and to the U.S.
3    Department of Treasury's Alcohol and Tobacco Tax and Trade
4    Bureau.
5        (17)(A) A person licensed to make wine under the laws
6    of another state who has a winery shipper's license under
7    this Act and annually produces less than 25,000 gallons of
8    wine or a person who has a first-class or second-class wine
9    manufacturer's license, a first-class or second-class
10    wine-maker's license, or a limited wine manufacturer's
11    license under this Act and annually produces less than
12    25,000 gallons of wine may make application to the
13    Commission for a self-distribution exemption to allow the
14    sale of not more than 5,000 gallons of the exemption
15    holder's wine to retail licensees per year.
16        (B) In the application, which shall be sworn under
17    penalty of perjury, such person shall state (1) the date it
18    was established; (2) its volume of production and sales for
19    each year since its establishment; (3) its efforts to
20    establish distributor relationships; (4) that a
21    self-distribution exemption is necessary to facilitate the
22    marketing of its wine; and (5) that it will comply with the
23    liquor and revenue laws of the United States, this State,
24    and any other state where it is licensed.
25        (C) The Commission shall approve the application for a
26    self-distribution exemption if such person: (1) is in

 

 

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1    compliance with State revenue and liquor laws; (2) is not a
2    member of any affiliated group that produces more than
3    25,000 gallons of wine per annum or produces any other
4    alcoholic liquor; (3) will not annually produce for sale
5    more than 25,000 gallons of wine; and (4) will not annually
6    sell more than 5,000 gallons of its wine to retail
7    licensees.
8        (D) A self-distribution exemption holder shall
9    annually certify to the Commission its production of wine
10    in the previous 12 months and its anticipated production
11    and sales for the next 12 months. The Commission may fine,
12    suspend, or revoke a self-distribution exemption after a
13    hearing if it finds that the exemption holder has made a
14    material misrepresentation in its application, violated a
15    revenue or liquor law of Illinois, exceeded production of
16    25,000 gallons of wine in any calendar year, or become part
17    of an affiliated group producing more than 25,000 gallons
18    of wine or any other alcoholic liquor.
19        (E) Except in hearings for violations of this Act or
20    Public Act 95-634 or a bona fide investigation by duly
21    sworn law enforcement officials, the Commission, or its
22    agents, the Commission shall maintain the production and
23    sales information of a self-distribution exemption holder
24    as confidential and shall not release such information to
25    any person.
26        (F) The Commission shall issue regulations governing

 

 

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1    self-distribution exemptions consistent with this Section
2    and this Act.
3        (G) Nothing in this paragraph subsection (17) shall
4    prohibit a self-distribution exemption holder from
5    entering into or simultaneously having a distribution
6    agreement with a licensed Illinois distributor.
7        (H) It is the intent of this paragraph subsection (17)
8    to promote and continue orderly markets. The General
9    Assembly finds that in order to preserve Illinois'
10    regulatory distribution system it is necessary to create an
11    exception for smaller makers of wine as their wines are
12    frequently adjusted in varietals, mixes, vintages, and
13    taste to find and create market niches sometimes too small
14    for distributor or importing distributor business
15    strategies. Limited self-distribution rights will afford
16    and allow smaller makers of wine access to the marketplace
17    in order to develop a customer base without impairing the
18    integrity of the 3-tier system.
19        (18)(A) A class 1 brewer licensee, who must also be
20    either a licensed brewer or licensed non-resident dealer
21    and annually manufacture less than 930,000 gallons of beer,
22    may make application to the State Commission for a
23    self-distribution exemption to allow the sale of not more
24    than 232,500 gallons of the exemption holder's beer per
25    year to retail licensees and to brewers, class 1 brewers,
26    and class 2 brewers that, pursuant to subsection (e) of

 

 

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1    Section 6-4 of this Act, sell beer, cider, or both beer and
2    cider to non-licensees at their breweries.
3        (B) In the application, which shall be sworn under
4    penalty of perjury, the class 1 brewer licensee shall state
5    (1) the date it was established; (2) its volume of beer
6    manufactured and sold for each year since its
7    establishment; (3) its efforts to establish distributor
8    relationships; (4) that a self-distribution exemption is
9    necessary to facilitate the marketing of its beer; and (5)
10    that it will comply with the alcoholic beverage and revenue
11    laws of the United States, this State, and any other state
12    where it is licensed.
13        (C) Any application submitted shall be posted on the
14    State Commission's website at least 45 days prior to action
15    by the State Commission. The State Commission shall approve
16    the application for a self-distribution exemption if the
17    class 1 brewer licensee: (1) is in compliance with the
18    State, revenue, and alcoholic beverage laws; (2) is not a
19    member of any affiliated group that manufactures more than
20    930,000 gallons of beer per annum or produces any other
21    alcoholic beverages; (3) shall not annually manufacture
22    for sale more than 930,000 gallons of beer; (4) shall not
23    annually sell more than 232,500 gallons of its beer to
24    retail licensees or to brewers, class 1 brewers, and class
25    2 brewers that, pursuant to subsection (e) of Section 6-4
26    of this Act, sell beer, cider, or both beer and cider to

 

 

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1    non-licensees at their breweries; and (5) has relinquished
2    any brew pub license held by the licensee, including any
3    ownership interest it held in the licensed brew pub.
4        (D) A self-distribution exemption holder shall
5    annually certify to the State Commission its manufacture of
6    beer during the previous 12 months and its anticipated
7    manufacture and sales of beer for the next 12 months. The
8    State Commission may fine, suspend, or revoke a
9    self-distribution exemption after a hearing if it finds
10    that the exemption holder has made a material
11    misrepresentation in its application, violated a revenue
12    or alcoholic beverage law of Illinois, exceeded the
13    manufacture of 930,000 gallons of beer in any calendar year
14    or became part of an affiliated group manufacturing more
15    than 930,000 gallons of beer or any other alcoholic
16    beverage.
17        (E) The State Commission shall issue rules and
18    regulations governing self-distribution exemptions
19    consistent with this Act.
20        (F) Nothing in this paragraph (18) shall prohibit a
21    self-distribution exemption holder from entering into or
22    simultaneously having a distribution agreement with a
23    licensed Illinois importing distributor or a distributor.
24    If a self-distribution exemption holder enters into a
25    distribution agreement and has assigned distribution
26    rights to an importing distributor or distributor, then the

 

 

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1    self-distribution exemption holder's distribution rights
2    in the assigned territories shall cease in a reasonable
3    time not to exceed 60 days.
4        (G) It is the intent of this paragraph (18) 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 exception
8    for smaller manufacturers in order to afford and allow such
9    smaller manufacturers of beer access to the marketplace in
10    order to develop a customer base without impairing the
11    integrity of the 3-tier system.
12        (19)(A) A class 1 craft distiller licensee or a
13    non-resident dealer who manufactures less than 50,000
14    gallons of distilled spirits per year may make application
15    to the State Commission for a self-distribution exemption
16    to allow the sale of not more than 5,000 gallons of the
17    exemption holder's spirits to retail licensees per year.
18        (B) In the application, which shall be sworn under
19    penalty of perjury, the class 1 craft distiller licensee or
20    non-resident dealer shall state (1) the date it was
21    established; (2) its volume of spirits manufactured and
22    sold for each year since its establishment; (3) its efforts
23    to establish distributor relationships; (4) that a
24    self-distribution exemption is necessary to facilitate the
25    marketing of its spirits; and (5) that it will comply with
26    the alcoholic beverage and revenue laws of the United

 

 

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1    States, this State, and any other state where it is
2    licensed.
3        (C) Any application submitted shall be posted on the
4    State Commission's website at least 45 days prior to action
5    by the State Commission. The State Commission shall approve
6    the application for a self-distribution exemption if the
7    applicant: (1) is in compliance with State revenue and
8    alcoholic beverage laws; (2) is not a member of any
9    affiliated group that produces more than 50,000 gallons of
10    spirits per annum or produces any other alcoholic liquor;
11    (3) does not annually manufacture for sale more than 50,000
12    gallons of spirits; and (4) does not annually sell more
13    than 5,000 gallons of its spirits to retail licensees.
14        (D) A self-distribution exemption holder shall
15    annually certify to the State Commission its manufacture of
16    spirits during the previous 12 months and its anticipated
17    manufacture and sales of spirits for the next 12 months.
18    The State Commission may fine, suspend, or revoke a
19    self-distribution exemption after a hearing if it finds
20    that the exemption holder has made a material
21    misrepresentation in its application, violated a revenue
22    or alcoholic beverage law of Illinois, exceeded the
23    manufacture of 50,000 gallons of spirits in any calendar
24    year, or has become part of an affiliated group
25    manufacturing more than 50,000 gallons of spirits or any
26    other alcoholic beverage.

 

 

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1        (E) The State Commission shall adopt rules governing
2    self-distribution exemptions consistent with this Act.
3        (F) Nothing in this paragraph (19) shall prohibit a
4    self-distribution exemption holder from entering into or
5    simultaneously having a distribution agreement with a
6    licensed Illinois importing distributor or a distributor.
7        (G) It is the intent of this paragraph (19) to promote
8    and continue orderly markets. The General Assembly finds
9    that in order to preserve Illinois' regulatory
10    distribution system, it is necessary to create an exception
11    for smaller manufacturers in order to afford and allow such
12    smaller manufacturers of spirits access to the marketplace
13    in order to develop a customer base without impairing the
14    integrity of the 3-tier system.
15    (b) On or before April 30, 1999, the Commission shall
16present a written report to the Governor and the General
17Assembly that shall be based on a study of the impact of Public
18Act 90-739 on the business of soliciting, selling, and shipping
19alcoholic liquor from outside of this State directly to
20residents of this State.
21    As part of its report, the Commission shall provide the
22following information:
23        (i) the amount of State excise and sales tax revenues
24    generated as a result of Public Act 90-739;
25        (ii) the amount of licensing fees received as a result
26    of Public Act 90-739;

 

 

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1        (iii) the number of reported violations, the number of
2    cease and desist notices issued by the Commission, the
3    number of notices of violations issued to the Department of
4    Revenue, and the number of notices and complaints of
5    violations to law enforcement officials.
6(Source: P.A. 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;
7100-134, eff. 8-18-17; 100-201, eff. 8-18-17; 100-816, eff.
88-13-18; 100-1012, eff. 8-21-18; 100-1050, eff. 8-23-18;
9revised 10-24-18.)
 
10    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
11    Sec. 5-1. Licenses issued by the Illinois Liquor Control
12Commission shall be of the following classes:
13    (a) Manufacturer's license - Class 1. Distiller, Class 2.
14Rectifier, Class 3. Brewer, Class 4. First Class Wine
15Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
16First Class Winemaker, Class 7. Second Class Winemaker, Class
178. Limited Wine Manufacturer, Class 9. Class 1 Craft Distiller,
18Class 10. Class 2 Craft Distiller, Class 11. Class 1 Brewer,
19Class 12 11. Class 2 Brewer,
20    (b) Distributor's license,
21    (c) Importing Distributor's license,
22    (d) Retailer's license,
23    (e) Special Event Retailer's license (not-for-profit),
24    (f) Railroad license,
25    (g) Boat license,

 

 

10100HB2675sam001- 20 -LRB101 07840 RPS 60161 a

1    (h) Non-Beverage User's license,
2    (i) Wine-maker's premises license,
3    (j) Airplane license,
4    (k) Foreign importer's license,
5    (l) Broker's license,
6    (m) Non-resident dealer's license,
7    (n) Brew Pub license,
8    (o) Auction liquor license,
9    (p) Caterer retailer license,
10    (q) Special use permit license,
11    (r) Winery shipper's license,
12    (s) Craft distiller tasting permit,
13    (t) Brewer warehouse permit, .
14    (u) Distilling pub license,
15    (v) Craft distiller warehouse permit.
16    No person, firm, partnership, corporation, or other legal
17business entity that is engaged in the manufacturing of wine
18may concurrently obtain and hold a wine-maker's license and a
19wine manufacturer's license.
20    (a) A manufacturer's license shall allow the manufacture,
21importation in bulk, storage, distribution and sale of
22alcoholic liquor to persons without the State, as may be
23permitted by law and to licensees in this State as follows:
24    Class 1. A Distiller may make sales and deliveries of
25alcoholic liquor to distillers, rectifiers, importing
26distributors, distributors and non-beverage users and to no

 

 

10100HB2675sam001- 21 -LRB101 07840 RPS 60161 a

1other licensees.
2    Class 2. A Rectifier, who is not a distiller, as defined
3herein, may make sales and deliveries of alcoholic liquor to
4rectifiers, importing distributors, distributors, retailers
5and non-beverage users and to no other licensees.
6    Class 3. A Brewer may make sales and deliveries of beer to
7importing distributors and distributors and may make sales as
8authorized under subsection (e) of Section 6-4 of this Act.
9    Class 4. A first class wine-manufacturer may make sales and
10deliveries of up to 50,000 gallons of wine to manufacturers,
11importing distributors and distributors, and to no other
12licensees.
13    Class 5. A second class Wine manufacturer may make sales
14and deliveries of more than 50,000 gallons of wine to
15manufacturers, importing distributors and distributors and to
16no other licensees.
17    Class 6. A first-class wine-maker's license shall allow the
18manufacture of up to 50,000 gallons of wine per year, and the
19storage and sale of such wine to distributors in the State and
20to persons without the State, as may be permitted by law. A
21person who, prior to June 1, 2008 (the effective date of Public
22Act 95-634), is a holder of a first-class wine-maker's license
23and annually produces more than 25,000 gallons of its own wine
24and who distributes its wine to licensed retailers shall cease
25this practice on or before July 1, 2008 in compliance with
26Public Act 95-634.

 

 

10100HB2675sam001- 22 -LRB101 07840 RPS 60161 a

1    Class 7. A second-class wine-maker's license shall allow
2the manufacture of between 50,000 and 150,000 gallons of wine
3per year, and the storage and sale of such wine to distributors
4in this State and to persons without the State, as may be
5permitted by law. A person who, prior to June 1, 2008 (the
6effective date of Public Act 95-634), is a holder of a
7second-class wine-maker's license and annually produces more
8than 25,000 gallons of its own wine and who distributes its
9wine to licensed retailers shall cease this practice on or
10before July 1, 2008 in compliance with Public Act 95-634.
11    Class 8. A limited wine-manufacturer may make sales and
12deliveries not to exceed 40,000 gallons of wine per year to
13distributors, and to non-licensees in accordance with the
14provisions of this Act.
15    Class 9. A class 1 craft distiller license, which may only
16be issued to a licensed distiller or licensed non-resident
17dealer, shall allow the manufacture of up to 50,000 gallons of
18spirits per year provided that the class 1 craft distiller
19licensee does not manufacture more than a combined 50,000
20gallons of spirits per year and is not a member of or
21affiliated with, directly or indirectly, a manufacturer that
22produces more than 50,000 gallons of spirits per year or any
23other alcoholic liquor. A class 1 craft distiller licensee may
24make sales and deliveries to importing distributors and
25distributors and to retail licensees in accordance with the
26conditions set forth in paragraph (19) of subsection (a) of

 

 

10100HB2675sam001- 23 -LRB101 07840 RPS 60161 a

1Section 3-12 of this Act. However, the aggregate amount of
2spirits sold to non-licensees and sold or delivered to retail
3licensees may not exceed 5,000 gallons per year.
4    A class 1 craft distiller licensee may sell up to 5,000
5gallons of such spirits to non-licensees to the extent
6permitted by any exemption approved by the State Commission
7pursuant to Section 6-4 of this Act. A class 1 craft distiller
8license holder may store such spirits at a non-contiguous
9licensed location, but at no time shall a class 1 craft
10distiller license holder directly or indirectly produce in the
11aggregate more than 50,000 gallons of spirits per year.
12    A class 1 craft distiller licensee may hold more than one
13class 1 craft distiller's license. However, a class 1 craft
14distiller that holds more than one class 1 craft distiller
15license shall not manufacture, in the aggregate, more than
1650,000 gallons of spirits by distillation per year and shall
17not sell, in the aggregate, more than 5,000 gallons of such
18spirits to non-licensees in accordance with an exemption
19approved by the State Commission pursuant to Section 6-4 of
20this Act.
21    Class 10. A class 2 craft distiller license, which may only
22be issued to a licensed distiller or licensed non-resident
23dealer, shall allow the manufacture of up to 100,000 gallons of
24spirits per year provided that the class 2 craft distiller
25licensee does not manufacture more than a combined 100,000
26gallons of spirits per year and is not a member of or

 

 

10100HB2675sam001- 24 -LRB101 07840 RPS 60161 a

1affiliated with, directly or indirectly, a manufacturer that
2produces more than 100,000 gallons of spirits per year or any
3other alcoholic liquor. A class 2 craft distiller licensee may
4make sales and deliveries to importing distributors and
5distributors, but shall not make sales or deliveries to any
6other licensee. If the State Commission provides prior
7approval, a class 2 craft distiller licensee may annually
8transfer up to 100,000 gallons of spirits manufactured by that
9class 2 craft distiller licensee to the premises of a licensed
10class 2 craft distiller wholly owned and operated by the same
11licensee. A class 2 craft distiller may transfer spirits to a
12distilling pub wholly owned and operated by the class 2 craft
13distiller subject to the following limitations and
14restrictions: (i) the transfer shall not annually exceed more
15than 5,000 gallons; (ii) the annual amount transferred shall
16reduce the distilling pub's annual permitted production limit;
17(iii) all spirits transferred shall be subject to Article VIII
18of this Act; (iv) a written record shall be maintained by the
19distiller and distilling pub specifying the amount, date of
20delivery, and receipt of the product by the distilling pub; and
21(v) the distilling pub shall be located no farther than 80
22miles from the class 2 craft distiller's licensed location.
23    A class 2 craft distiller shall, prior to transferring
24spirits to a distilling pub wholly owned by the class 2 craft
25distiller, furnish a written notice to the State Commission of
26intent to transfer spirits setting forth the name and address

 

 

10100HB2675sam001- 25 -LRB101 07840 RPS 60161 a

1of the distilling pub and shall annually submit to the State
2Commission a verified report identifying the total gallons of
3spirits transferred to the distilling pub wholly owned by the
4class 2 craft distiller.
5    A class 2 craft distiller license holder may store such
6spirits at a non-contiguous licensed location, but at no time
7shall a class 2 craft distiller license holder directly or
8indirectly produce in the aggregate more than 100,000 gallons
9of spirits per year.
10A craft distiller license shall allow the manufacture of up to
11100,000 gallons of spirits by distillation per year and the
12storage of such spirits. If a craft distiller licensee,
13including a craft distiller licensee who holds more than one
14craft distiller license, is not affiliated with any other
15manufacturer of spirits, then the craft distiller licensee may
16sell such spirits to distributors in this State and up to 2,500
17gallons of such spirits to non-licensees to the extent
18permitted by any exemption approved by the Commission pursuant
19to Section 6-4 of this Act. A craft distiller license holder
20may store such spirits at a non-contiguous licensed location,
21but at no time shall a craft distiller license holder directly
22or indirectly produce in the aggregate more than 100,000
23gallons of spirits per year.
24    A craft distiller licensee may hold more than one craft
25distiller's license. However, a craft distiller that holds more
26than one craft distiller license shall not manufacture, in the

 

 

10100HB2675sam001- 26 -LRB101 07840 RPS 60161 a

1aggregate, more than 100,000 gallons of spirits by distillation
2per year and shall not sell, in the aggregate, more than 2,500
3gallons of such spirits to non-licensees in accordance with an
4exemption approved by the State Commission pursuant to Section
56-4 of this Act.
6    Any craft distiller licensed under this Act who on July 28,
72010 (the effective date of Public Act 96-1367) was licensed as
8a distiller and manufactured no more spirits than permitted by
9this Section shall not be required to pay the initial licensing
10fee.
11    Class 11 10. A class 1 brewer license, which may only be
12issued to a licensed brewer or licensed non-resident dealer,
13shall allow the manufacture of up to 930,000 gallons of beer
14per year provided that the class 1 brewer licensee does not
15manufacture more than a combined 930,000 gallons of beer per
16year and is not a member of or affiliated with, directly or
17indirectly, a manufacturer that produces more than 930,000
18gallons of beer per year or any other alcoholic liquor. A class
191 brewer licensee may make sales and deliveries to importing
20distributors and distributors and to retail licensees in
21accordance with the conditions set forth in paragraph (18) of
22subsection (a) of Section 3-12 of this Act. If the State
23Commission provides prior approval, a class 1 brewer may
24annually transfer up to 930,000 gallons of beer manufactured by
25that class 1 brewer to the premises of a licensed class 1
26brewer wholly owned and operated by the same licensee.

 

 

10100HB2675sam001- 27 -LRB101 07840 RPS 60161 a

1    Class 12 11. A class 2 brewer license, which may only be
2issued to a licensed brewer or licensed non-resident dealer,
3shall allow the manufacture of up to 3,720,000 gallons of beer
4per year provided that the class 2 brewer licensee does not
5manufacture more than a combined 3,720,000 gallons of beer per
6year and is not a member of or affiliated with, directly or
7indirectly, a manufacturer that produces more than 3,720,000
8gallons of beer per year or any other alcoholic liquor. A class
92 brewer licensee may make sales and deliveries to importing
10distributors and distributors, but shall not make sales or
11deliveries to any other licensee. If the State Commission
12provides prior approval, a class 2 brewer licensee may annually
13transfer up to 3,720,000 gallons of beer manufactured by that
14class 2 brewer licensee to the premises of a licensed class 2
15brewer wholly owned and operated by the same licensee.
16    A class 2 brewer may transfer beer to a brew pub wholly
17owned and operated by the class 2 brewer subject to the
18following limitations and restrictions: (i) the transfer shall
19not annually exceed more than 31,000 gallons; (ii) the annual
20amount transferred shall reduce the brew pub's annual permitted
21production limit; (iii) all beer transferred shall be subject
22to Article VIII of this Act; (iv) a written record shall be
23maintained by the brewer and brew pub specifying the amount,
24date of delivery, and receipt of the product by the brew pub;
25and (v) the brew pub shall be located no farther than 80 miles
26from the class 2 brewer's licensed location.

 

 

10100HB2675sam001- 28 -LRB101 07840 RPS 60161 a

1    A class 2 brewer shall, prior to transferring beer to a
2brew pub wholly owned by the class 2 brewer, furnish a written
3notice to the State Commission of intent to transfer beer
4setting forth the name and address of the brew pub and shall
5annually submit to the State Commission a verified report
6identifying the total gallons of beer transferred to the brew
7pub wholly owned by the class 2 brewer.
8    (a-1) A manufacturer which is licensed in this State to
9make sales or deliveries of alcoholic liquor to licensed
10distributors or importing distributors and which enlists
11agents, representatives, or individuals acting on its behalf
12who contact licensed retailers on a regular and continual basis
13in this State must register those agents, representatives, or
14persons acting on its behalf with the State Commission.
15    Registration of agents, representatives, or persons acting
16on behalf of a manufacturer is fulfilled by submitting a form
17to the Commission. The form shall be developed by the
18Commission and shall include the name and address of the
19applicant, the name and address of the manufacturer he or she
20represents, the territory or areas assigned to sell to or
21discuss pricing terms of alcoholic liquor, and any other
22questions deemed appropriate and necessary. All statements in
23the forms required to be made by law or by rule shall be deemed
24material, and any person who knowingly misstates any material
25fact under oath in an application is guilty of a Class B
26misdemeanor. Fraud, misrepresentation, false statements,

 

 

10100HB2675sam001- 29 -LRB101 07840 RPS 60161 a

1misleading statements, evasions, or suppression of material
2facts in the securing of a registration are grounds for
3suspension or revocation of the registration. The State
4Commission shall post a list of registered agents on the
5Commission's website.
6    (b) A distributor's license shall allow (i) the wholesale
7purchase and storage of alcoholic liquors and sale of alcoholic
8liquors to licensees in this State and to persons without the
9State, as may be permitted by law; (ii) , and the sale of beer,
10cider, or both beer and cider to brewers, class 1 brewers, and
11class 2 brewers that, pursuant to subsection (e) of Section 6-4
12of this Act, sell beer, cider, or both beer and cider to
13non-licensees at their breweries; and (iii) the sale of
14vermouth to class 1 craft distillers and class 2 craft
15distillers that, pursuant to subsection (e) of Section 6-4 of
16this Act, sell spirits, vermouth, or both spirits and vermouth
17to non-licensees at their distilleries. No person licensed as a
18distributor shall be granted a non-resident dealer's license.
19    (c) An importing distributor's license may be issued to and
20held by those only who are duly licensed distributors, upon the
21filing of an application by a duly licensed distributor, with
22the Commission and the Commission shall, without the payment of
23any fee, immediately issue such importing distributor's
24license to the applicant, which shall allow the importation of
25alcoholic liquor by the licensee into this State from any point
26in the United States outside this State, and the purchase of

 

 

10100HB2675sam001- 30 -LRB101 07840 RPS 60161 a

1alcoholic liquor in barrels, casks or other bulk containers and
2the bottling of such alcoholic liquors before resale thereof,
3but all bottles or containers so filled shall be sealed,
4labeled, stamped and otherwise made to comply with all
5provisions, rules and regulations governing manufacturers in
6the preparation and bottling of alcoholic liquors. The
7importing distributor's license shall permit such licensee to
8purchase alcoholic liquor from Illinois licensed non-resident
9dealers and foreign importers only. No person licensed as an
10importing distributor shall be granted a non-resident dealer's
11license.
12    (d) A retailer's license shall allow the licensee to sell
13and offer for sale at retail, only in the premises specified in
14the license, alcoholic liquor for use or consumption, but not
15for resale in any form. Nothing in Public Act 95-634 shall
16deny, limit, remove, or restrict the ability of a holder of a
17retailer's license to transfer, deliver, or ship alcoholic
18liquor to the purchaser for use or consumption subject to any
19applicable local law or ordinance. Any retail license issued to
20a manufacturer shall only permit the manufacturer to sell beer
21at retail on the premises actually occupied by the
22manufacturer. For the purpose of further describing the type of
23business conducted at a retail licensed premises, a retailer's
24licensee may be designated by the State Commission as (i) an on
25premise consumption retailer, (ii) an off premise sale
26retailer, or (iii) a combined on premise consumption and off

 

 

10100HB2675sam001- 31 -LRB101 07840 RPS 60161 a

1premise sale retailer.
2    Notwithstanding any other provision of this subsection
3(d), a retail licensee may sell alcoholic liquors to a special
4event retailer licensee for resale to the extent permitted
5under subsection (e).
6    (e) A special event retailer's license (not-for-profit)
7shall permit the licensee to purchase alcoholic liquors from an
8Illinois licensed distributor (unless the licensee purchases
9less than $500 of alcoholic liquors for the special event, in
10which case the licensee may purchase the alcoholic liquors from
11a licensed retailer) and shall allow the licensee to sell and
12offer for sale, at retail, alcoholic liquors for use or
13consumption, but not for resale in any form and only at the
14location and on the specific dates designated for the special
15event in the license. An applicant for a special event retailer
16license must (i) furnish with the application: (A) a resale
17number issued under Section 2c of the Retailers' Occupation Tax
18Act or evidence that the applicant is registered under Section
192a of the Retailers' Occupation Tax Act, (B) a current, valid
20exemption identification number issued under Section 1g of the
21Retailers' Occupation Tax Act, and a certification to the
22Commission that the purchase of alcoholic liquors will be a
23tax-exempt purchase, or (C) a statement that the applicant is
24not registered under Section 2a of the Retailers' Occupation
25Tax Act, does not hold a resale number under Section 2c of the
26Retailers' Occupation Tax Act, and does not hold an exemption

 

 

10100HB2675sam001- 32 -LRB101 07840 RPS 60161 a

1number under Section 1g of the Retailers' Occupation Tax Act,
2in which event the Commission shall set forth on the special
3event retailer's license a statement to that effect; (ii)
4submit with the application proof satisfactory to the State
5Commission that the applicant will provide dram shop liability
6insurance in the maximum limits; and (iii) show proof
7satisfactory to the State Commission that the applicant has
8obtained local authority approval.
9    Nothing in this Act prohibits an Illinois licensed
10distributor from offering credit or a refund for unused,
11salable alcoholic liquors to a holder of a special event
12retailer's license or from the special event retailer's
13licensee from accepting the credit or refund of alcoholic
14liquors at the conclusion of the event specified in the
15license.
16    (f) A railroad license shall permit the licensee to import
17alcoholic liquors into this State from any point in the United
18States outside this State and to store such alcoholic liquors
19in this State; to make wholesale purchases of alcoholic liquors
20directly from manufacturers, foreign importers, distributors
21and importing distributors from within or outside this State;
22and to store such alcoholic liquors in this State; provided
23that the above powers may be exercised only in connection with
24the importation, purchase or storage of alcoholic liquors to be
25sold or dispensed on a club, buffet, lounge or dining car
26operated on an electric, gas or steam railway in this State;

 

 

10100HB2675sam001- 33 -LRB101 07840 RPS 60161 a

1and provided further, that railroad licensees exercising the
2above powers shall be subject to all provisions of Article VIII
3of this Act as applied to importing distributors. A railroad
4license shall also permit the licensee to sell or dispense
5alcoholic liquors on any club, buffet, lounge or dining car
6operated on an electric, gas or steam railway regularly
7operated by a common carrier in this State, but shall not
8permit the sale for resale of any alcoholic liquors to any
9licensee within this State. A license shall be obtained for
10each car in which such sales are made.
11    (g) A boat license shall allow the sale of alcoholic liquor
12in individual drinks, on any passenger boat regularly operated
13as a common carrier on navigable waters in this State or on any
14riverboat operated under the Riverboat Gambling Act, which boat
15or riverboat maintains a public dining room or restaurant
16thereon.
17    (h) A non-beverage user's license shall allow the licensee
18to purchase alcoholic liquor from a licensed manufacturer or
19importing distributor, without the imposition of any tax upon
20the business of such licensed manufacturer or importing
21distributor as to such alcoholic liquor to be used by such
22licensee solely for the non-beverage purposes set forth in
23subsection (a) of Section 8-1 of this Act, and such licenses
24shall be divided and classified and shall permit the purchase,
25possession and use of limited and stated quantities of
26alcoholic liquor as follows:

 

 

10100HB2675sam001- 34 -LRB101 07840 RPS 60161 a

1Class 1, not to exceed ......................... 500 gallons
2Class 2, not to exceed ....................... 1,000 gallons
3Class 3, not to exceed ....................... 5,000 gallons
4Class 4, not to exceed ...................... 10,000 gallons
5Class 5, not to exceed ....................... 50,000 gallons
6    (i) A wine-maker's premises license shall allow a licensee
7that concurrently holds a first-class wine-maker's license to
8sell and offer for sale at retail in the premises specified in
9such license not more than 50,000 gallons of the first-class
10wine-maker's wine that is made at the first-class wine-maker's
11licensed premises per year for use or consumption, but not for
12resale in any form. A wine-maker's premises license shall allow
13a licensee who concurrently holds a second-class wine-maker's
14license to sell and offer for sale at retail in the premises
15specified in such license up to 100,000 gallons of the
16second-class wine-maker's wine that is made at the second-class
17wine-maker's licensed premises per year for use or consumption
18but not for resale in any form. A wine-maker's premises license
19shall allow a licensee that concurrently holds a first-class
20wine-maker's license or a second-class wine-maker's license to
21sell and offer for sale at retail at the premises specified in
22the wine-maker's premises license, for use or consumption but
23not for resale in any form, any beer, wine, and spirits
24purchased from a licensed distributor. Upon approval from the
25State Commission, a wine-maker's premises license shall allow
26the licensee to sell and offer for sale at (i) the wine-maker's

 

 

10100HB2675sam001- 35 -LRB101 07840 RPS 60161 a

1licensed premises and (ii) at up to 2 additional locations for
2use and consumption and not for resale. Each location shall
3require additional licensing per location as specified in
4Section 5-3 of this Act. A wine-maker's premises licensee shall
5secure liquor liability insurance coverage in an amount at
6least equal to the maximum liability amounts set forth in
7subsection (a) of Section 6-21 of this Act.
8    (j) An airplane license shall permit the licensee to import
9alcoholic liquors into this State from any point in the United
10States outside this State and to store such alcoholic liquors
11in this State; to make wholesale purchases of alcoholic liquors
12directly from manufacturers, foreign importers, distributors
13and importing distributors from within or outside this State;
14and to store such alcoholic liquors in this State; provided
15that the above powers may be exercised only in connection with
16the importation, purchase or storage of alcoholic liquors to be
17sold or dispensed on an airplane; and provided further, that
18airplane licensees exercising the above powers shall be subject
19to all provisions of Article VIII of this Act as applied to
20importing distributors. An airplane licensee shall also permit
21the sale or dispensing of alcoholic liquors on any passenger
22airplane regularly operated by a common carrier in this State,
23but shall not permit the sale for resale of any alcoholic
24liquors to any licensee within this State. A single airplane
25license shall be required of an airline company if liquor
26service is provided on board aircraft in this State. The annual

 

 

10100HB2675sam001- 36 -LRB101 07840 RPS 60161 a

1fee for such license shall be as determined in Section 5-3.
2    (k) A foreign importer's license shall permit such licensee
3to purchase alcoholic liquor from Illinois licensed
4non-resident dealers only, and to import alcoholic liquor other
5than in bulk from any point outside the United States and to
6sell such alcoholic liquor to Illinois licensed importing
7distributors and to no one else in Illinois; provided that (i)
8the foreign importer registers with the State Commission every
9brand of alcoholic liquor that it proposes to sell to Illinois
10licensees during the license period, (ii) the foreign importer
11complies with all of the provisions of Section 6-9 of this Act
12with respect to registration of such Illinois licensees as may
13be granted the right to sell such brands at wholesale, and
14(iii) the foreign importer complies with the provisions of
15Sections 6-5 and 6-6 of this Act to the same extent that these
16provisions apply to manufacturers.
17    (l) (i) A broker's license shall be required of all persons
18who solicit orders for, offer to sell or offer to supply
19alcoholic liquor to retailers in the State of Illinois, or who
20offer to retailers to ship or cause to be shipped or to make
21contact with distillers, rectifiers, brewers or manufacturers
22or any other party within or without the State of Illinois in
23order that alcoholic liquors be shipped to a distributor,
24importing distributor or foreign importer, whether such
25solicitation or offer is consummated within or without the
26State of Illinois.

 

 

10100HB2675sam001- 37 -LRB101 07840 RPS 60161 a

1    No holder of a retailer's license issued by the Illinois
2Liquor Control Commission shall purchase or receive any
3alcoholic liquor, the order for which was solicited or offered
4for sale to such retailer by a broker unless the broker is the
5holder of a valid broker's license.
6    The broker shall, upon the acceptance by a retailer of the
7broker's solicitation of an order or offer to sell or supply or
8deliver or have delivered alcoholic liquors, promptly forward
9to the Illinois Liquor Control Commission a notification of
10said transaction in such form as the Commission may by
11regulations prescribe.
12    (ii) A broker's license shall be required of a person
13within this State, other than a retail licensee, who, for a fee
14or commission, promotes, solicits, or accepts orders for
15alcoholic liquor, for use or consumption and not for resale, to
16be shipped from this State and delivered to residents outside
17of this State by an express company, common carrier, or
18contract carrier. This Section does not apply to any person who
19promotes, solicits, or accepts orders for wine as specifically
20authorized in Section 6-29 of this Act.
21    A broker's license under this subsection (l) shall not
22entitle the holder to buy or sell any alcoholic liquors for his
23own account or to take or deliver title to such alcoholic
24liquors.
25    This subsection (l) shall not apply to distributors,
26employees of distributors, or employees of a manufacturer who

 

 

10100HB2675sam001- 38 -LRB101 07840 RPS 60161 a

1has registered the trademark, brand or name of the alcoholic
2liquor pursuant to Section 6-9 of this Act, and who regularly
3sells such alcoholic liquor in the State of Illinois only to
4its registrants thereunder.
5    Any agent, representative, or person subject to
6registration pursuant to subsection (a-1) of this Section shall
7not be eligible to receive a broker's license.
8    (m) A non-resident dealer's license shall permit such
9licensee to ship into and warehouse alcoholic liquor into this
10State from any point outside of this State, and to sell such
11alcoholic liquor to Illinois licensed foreign importers and
12importing distributors and to no one else in this State;
13provided that (i) said non-resident dealer shall register with
14the Illinois Liquor Control Commission each and every brand of
15alcoholic liquor which it proposes to sell to Illinois
16licensees during the license period, (ii) it shall comply with
17all of the provisions of Section 6-9 hereof with respect to
18registration of such Illinois licensees as may be granted the
19right to sell such brands at wholesale by duly filing such
20registration statement, thereby authorizing the non-resident
21dealer to proceed to sell such brands at wholesale, and (iii)
22the non-resident dealer shall comply with the provisions of
23Sections 6-5 and 6-6 of this Act to the same extent that these
24provisions apply to manufacturers. No person licensed as a
25non-resident dealer shall be granted a distributor's or
26importing distributor's license.

 

 

10100HB2675sam001- 39 -LRB101 07840 RPS 60161 a

1    (n) A brew pub license shall allow the licensee to only (i)
2manufacture up to 155,000 gallons of beer per year only on the
3premises specified in the license, (ii) make sales of the beer
4manufactured on the premises or, with the approval of the
5Commission, beer manufactured on another brew pub licensed
6premises that is wholly owned and operated by the same licensee
7to importing distributors, distributors, and to non-licensees
8for use and consumption, (iii) store the beer upon the
9premises, (iv) sell and offer for sale at retail from the
10licensed premises for off-premises consumption no more than
11155,000 gallons per year so long as such sales are only made
12in-person, (v) sell and offer for sale at retail for use and
13consumption on the premises specified in the license any form
14of alcoholic liquor purchased from a licensed distributor or
15importing distributor, and (vi) with the prior approval of the
16Commission, annually transfer no more than 155,000 gallons of
17beer manufactured on the premises to a licensed brew pub wholly
18owned and operated by the same licensee.
19    A brew pub licensee shall not under any circumstance sell
20or offer for sale beer manufactured by the brew pub licensee to
21retail licensees.
22    A person who holds a class 2 brewer license may
23simultaneously hold a brew pub license if the class 2 brewer
24(i) does not, under any circumstance, sell or offer for sale
25beer manufactured by the class 2 brewer to retail licensees;
26(ii) does not hold more than 3 brew pub licenses in this State;

 

 

10100HB2675sam001- 40 -LRB101 07840 RPS 60161 a

1(iii) does not manufacture more than a combined 3,720,000
2gallons of beer per year, including the beer manufactured at
3the brew pub; and (iv) is not a member of or affiliated with,
4directly or indirectly, a manufacturer that produces more than
53,720,000 gallons of beer per year or any other alcoholic
6liquor.
7    Notwithstanding any other provision of this Act, a licensed
8brewer, class 2 brewer, or non-resident dealer who before July
91, 2015 manufactured less than 3,720,000 gallons of beer per
10year and held a brew pub license on or before July 1, 2015 may
11(i) continue to qualify for and hold that brew pub license for
12the licensed premises and (ii) manufacture more than 3,720,000
13gallons of beer per year and continue to qualify for and hold
14that brew pub license if that brewer, class 2 brewer, or
15non-resident dealer does not simultaneously hold a class 1
16brewer license and is not a member of or affiliated with,
17directly or indirectly, a manufacturer that produces more than
183,720,000 gallons of beer per year or that produces any other
19alcoholic liquor.
20    (o) A caterer retailer license shall allow the holder to
21serve alcoholic liquors as an incidental part of a food service
22that serves prepared meals which excludes the serving of snacks
23as the primary meal, either on or off-site whether licensed or
24unlicensed.
25    (p) An auction liquor license shall allow the licensee to
26sell and offer for sale at auction wine and spirits for use or

 

 

10100HB2675sam001- 41 -LRB101 07840 RPS 60161 a

1consumption, or for resale by an Illinois liquor licensee in
2accordance with provisions of this Act. An auction liquor
3license will be issued to a person and it will permit the
4auction liquor licensee to hold the auction anywhere in the
5State. An auction liquor license must be obtained for each
6auction at least 14 days in advance of the auction date.
7    (q) A special use permit license shall allow an Illinois
8licensed retailer to transfer a portion of its alcoholic liquor
9inventory from its retail licensed premises to the premises
10specified in the license hereby created, and to sell or offer
11for sale at retail, only in the premises specified in the
12license hereby created, the transferred alcoholic liquor for
13use or consumption, but not for resale in any form. A special
14use permit license may be granted for the following time
15periods: one day or less; 2 or more days to a maximum of 15 days
16per location in any 12-month period. An applicant for the
17special use permit license must also submit with the
18application proof satisfactory to the State Commission that the
19applicant will provide dram shop liability insurance to the
20maximum limits and have local authority approval.
21    (r) A winery shipper's license shall allow a person with a
22first-class or second-class wine manufacturer's license, a
23first-class or second-class wine-maker's license, or a limited
24wine manufacturer's license or who is licensed to make wine
25under the laws of another state to ship wine made by that
26licensee directly to a resident of this State who is 21 years

 

 

10100HB2675sam001- 42 -LRB101 07840 RPS 60161 a

1of age or older for that resident's personal use and not for
2resale. Prior to receiving a winery shipper's license, an
3applicant for the license must provide the Commission with a
4true copy of its current license in any state in which it is
5licensed as a manufacturer of wine. An applicant for a winery
6shipper's license must also complete an application form that
7provides any other information the Commission deems necessary.
8The application form shall include all addresses from which the
9applicant for a winery shipper's license intends to ship wine,
10including the name and address of any third party, except for a
11common carrier, authorized to ship wine on behalf of the
12manufacturer. The application form shall include an
13acknowledgement consenting to the jurisdiction of the
14Commission, the Illinois Department of Revenue, and the courts
15of this State concerning the enforcement of this Act and any
16related laws, rules, and regulations, including authorizing
17the Department of Revenue and the Commission to conduct audits
18for the purpose of ensuring compliance with Public Act 95-634,
19and an acknowledgement that the wine manufacturer is in
20compliance with Section 6-2 of this Act. Any third party,
21except for a common carrier, authorized to ship wine on behalf
22of a first-class or second-class wine manufacturer's licensee,
23a first-class or second-class wine-maker's licensee, a limited
24wine manufacturer's licensee, or a person who is licensed to
25make wine under the laws of another state shall also be
26disclosed by the winery shipper's licensee, and a copy of the

 

 

10100HB2675sam001- 43 -LRB101 07840 RPS 60161 a

1written appointment of the third-party wine provider, except
2for a common carrier, to the wine manufacturer shall be filed
3with the State Commission as a supplement to the winery
4shipper's license application or any renewal thereof. The
5winery shipper's license holder shall affirm under penalty of
6perjury, as part of the winery shipper's license application or
7renewal, that he or she only ships wine, either directly or
8indirectly through a third-party provider, from the licensee's
9own production.
10    Except for a common carrier, a third-party provider
11shipping wine on behalf of a winery shipper's license holder is
12the agent of the winery shipper's license holder and, as such,
13a winery shipper's license holder is responsible for the acts
14and omissions of the third-party provider acting on behalf of
15the license holder. A third-party provider, except for a common
16carrier, that engages in shipping wine into Illinois on behalf
17of a winery shipper's license holder shall consent to the
18jurisdiction of the State Commission and the State. Any
19third-party, except for a common carrier, holding such an
20appointment shall, by February 1 of each calendar year and upon
21request by the State Commission or the Department of Revenue,
22file with the State Commission a statement detailing each
23shipment made to an Illinois resident. The statement shall
24include the name and address of the third-party provider filing
25the statement, the time period covered by the statement, and
26the following information:

 

 

10100HB2675sam001- 44 -LRB101 07840 RPS 60161 a

1        (1) the name, address, and license number of the winery
2    shipper on whose behalf the shipment was made;
3        (2) the quantity of the products delivered; and
4        (3) the date and address of the shipment.
5If the Department of Revenue or the State Commission requests a
6statement under this paragraph, the third-party provider must
7provide that statement no later than 30 days after the request
8is made. Any books, records, supporting papers, and documents
9containing information and data relating to a statement under
10this paragraph shall be kept and preserved for a period of 3
11years, unless their destruction sooner is authorized, in
12writing, by the Director of Revenue, and shall be open and
13available to inspection by the Director of Revenue or the State
14Commission or any duly authorized officer, agent, or employee
15of the State Commission or the Department of Revenue, at all
16times during business hours of the day. Any person who violates
17any provision of this paragraph or any rule of the State
18Commission for the administration and enforcement of the
19provisions of this paragraph is guilty of a Class C
20misdemeanor. In case of a continuing violation, each day's
21continuance thereof shall be a separate and distinct offense.
22    The State Commission shall adopt rules as soon as
23practicable to implement the requirements of Public Act 99-904
24and shall adopt rules prohibiting any such third-party
25appointment of a third-party provider, except for a common
26carrier, that has been deemed by the State Commission to have

 

 

10100HB2675sam001- 45 -LRB101 07840 RPS 60161 a

1violated the provisions of this Act with regard to any winery
2shipper licensee.
3    A winery shipper licensee must pay to the Department of
4Revenue the State liquor gallonage tax under Section 8-1 for
5all wine that is sold by the licensee and shipped to a person
6in this State. For the purposes of Section 8-1, a winery
7shipper licensee shall be taxed in the same manner as a
8manufacturer of wine. A licensee who is not otherwise required
9to register under the Retailers' Occupation Tax Act must
10register under the Use Tax Act to collect and remit use tax to
11the Department of Revenue for all gallons of wine that are sold
12by the licensee and shipped to persons in this State. If a
13licensee fails to remit the tax imposed under this Act in
14accordance with the provisions of Article VIII of this Act, the
15winery shipper's license shall be revoked in accordance with
16the provisions of Article VII of this Act. If a licensee fails
17to properly register and remit tax under the Use Tax Act or the
18Retailers' Occupation Tax Act for all wine that is sold by the
19winery shipper and shipped to persons in this State, the winery
20shipper's license shall be revoked in accordance with the
21provisions of Article VII of this Act.
22    A winery shipper licensee must collect, maintain, and
23submit to the Commission on a semi-annual basis the total
24number of cases per resident of wine shipped to residents of
25this State. A winery shipper licensed under this subsection (r)
26must comply with the requirements of Section 6-29 of this Act.

 

 

10100HB2675sam001- 46 -LRB101 07840 RPS 60161 a

1    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
2Section 3-12, the State Commission may receive, respond to, and
3investigate any complaint and impose any of the remedies
4specified in paragraph (1) of subsection (a) of Section 3-12.
5    As used in this subsection, "third-party provider" means
6any entity that provides fulfillment house services, including
7warehousing, packaging, distribution, order processing, or
8shipment of wine, but not the sale of wine, on behalf of a
9licensed winery shipper.
10    (s) A craft distiller tasting permit license shall allow an
11Illinois licensed class 1 craft distiller or class 2 craft
12distiller to transfer a portion of its alcoholic liquor
13inventory from its class 1 craft distiller or class 2 craft
14distiller licensed premises to the premises specified in the
15license hereby created and to conduct a sampling, only in the
16premises specified in the license hereby created, of the
17transferred alcoholic liquor in accordance with subsection (c)
18of Section 6-31 of this Act. The transferred alcoholic liquor
19may not be sold or resold in any form. An applicant for the
20craft distiller tasting permit license must also submit with
21the application proof satisfactory to the State Commission that
22the applicant will provide dram shop liability insurance to the
23maximum limits and have local authority approval.
24    (t) A brewer warehouse permit may be issued to the holder
25of a class 1 brewer license or a class 2 brewer license. If the
26holder of the permit is a class 1 brewer licensee, the brewer

 

 

10100HB2675sam001- 47 -LRB101 07840 RPS 60161 a

1warehouse permit shall allow the holder to store or warehouse
2up to 930,000 gallons of tax-determined beer manufactured by
3the holder of the permit at the premises specified on the
4permit. If the holder of the permit is a class 2 brewer
5licensee, the brewer warehouse permit shall allow the holder to
6store or warehouse up to 3,720,000 gallons of tax-determined
7beer manufactured by the holder of the permit at the premises
8specified on the permit. Sales to non-licensees are prohibited
9at the premises specified in the brewer warehouse permit.
10    (u) A distilling pub license shall allow the licensee to
11only (i) manufacture up to 5,000 gallons of spirits per year
12only on the premises specified in the license, (ii) make sales
13of the spirits manufactured on the premises or, with the
14approval of the State Commission, spirits manufactured on
15another distilling pub licensed premises that is wholly owned
16and operated by the same licensee to importing distributors and
17distributors and to non-licensees for use and consumption,
18(iii) store the spirits upon the premises, (iv) sell and offer
19for sale at retail from the licensed premises for off-premises
20consumption no more than 5,000 gallons per year so long as such
21sales are only made in-person, (v) sell and offer for sale at
22retail for use and consumption on the premises specified in the
23license any form of alcoholic liquor purchased from a licensed
24distributor or importing distributor, and (vi) with the prior
25approval of the State Commission, annually transfer no more
26than 5,000 gallons of spirits manufactured on the premises to a

 

 

10100HB2675sam001- 48 -LRB101 07840 RPS 60161 a

1licensed distilling pub wholly owned and operated by the same
2licensee.
3    A distilling pub licensee shall not under any circumstance
4sell or offer for sale spirits manufactured by the distilling
5pub licensee to retail licensees.
6    A person who holds a class 2 craft distiller license may
7simultaneously hold a distilling pub license if the class 2
8craft distiller (i) does not, under any circumstance, sell or
9offer for sale spirits manufactured by the class 2 craft
10distiller to retail licensees; (ii) does not hold more than 3
11distilling pub licenses in this State; (iii) does not
12manufacture more than a combined 100,000 gallons of spirits per
13year, including the spirits manufactured at the distilling pub;
14and (iv) is not a member of or affiliated with, directly or
15indirectly, a manufacturer that produces more than 100,000
16gallons of spirits per year or any other alcoholic liquor.
17    (v) A craft distiller warehouse permit may be issued to the
18holder of a class 1 craft distiller or class 2 craft distiller
19license. The craft distiller warehouse permit shall allow the
20holder to store or warehouse up to 500,000 gallons of spirits
21manufactured by the holder of the permit at the premises
22specified on the permit. Sales to non-licensees are prohibited
23at the premises specified in the craft distiller warehouse
24permit.
25(Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16;
2699-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff.

 

 

10100HB2675sam001- 49 -LRB101 07840 RPS 60161 a

11-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17; 100-816,
2eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff. 8-23-18;
3revised 10-2-18.)
 
4    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
5    Sec. 5-3. License fees. Except as otherwise provided
6herein, at the time application is made to the State Commission
7for a license of any class, the applicant shall pay to the
8State Commission the fee hereinafter provided for the kind of
9license applied for.
10    The fee for licenses issued by the State Commission shall
11be as follows:
12OnlineInitial
13renewallicense
14 or
15 non-online
16 renewal
17    For a manufacturer's license:
18    Class 1. Distiller .................$4,000$5,000
19    Class 2. Rectifier .................4,000 5,000
20    Class 3. Brewer ....................1,200 1,500
21    Class 4. First-class Wine
22        Manufacturer ...................750900
23    Class 5. Second-class
24        Wine Manufacturer ..............1,500 1,750
25    Class 6. First-class wine-maker ....750 900

 

 

10100HB2675sam001- 50 -LRB101 07840 RPS 60161 a

1    Class 7. Second-class wine-maker ...1,500 1,750
2    Class 8. Limited Wine
3        Manufacturer....................250350
4    Class 9. Class 1 Craft Distiller.... 50 75
5    Class 10. Class 2 Craft Distiller... 75 100
6    Class 11 10. Class 1 Brewer..........50 75
7    Class 12 11. Class 2 Brewer.......... 75 100
8    For a Brew Pub License..............1,2001,500
9    For a Distilling Pub License........ 1,200 1,500
10    For a caterer retailer's license....350 500
11    For a foreign importer's license ...25 25
12    For an importing distributor's
13        license.........................2525
14    For a distributor's license
15        (11,250,000 gallons
16        or over)........................1,4502,200
17    For a distributor's license
18        (over 4,500,000 gallons, but
19        under 11,250,000 gallons)....... 9501,450
20    For a distributor's license
21        (4,500,000 gallons or under)....300450
22    For a non-resident dealer's license
23        (500,000 gallons or over) ......1,200 1,500
24    For a non-resident dealer's license
25        (under 500,000 gallons) ........250 350
26    For a wine-maker's premises

 

 

10100HB2675sam001- 51 -LRB101 07840 RPS 60161 a

1        license ........................250500
2    For a winery shipper's license
3        (under 250,000 gallons).........200 350
4    For a winery shipper's license
5        (250,000 or over, but
6        under 500,000 gallons)..........7501,000
7    For a winery shipper's license
8        (500,000 gallons or over).......1,200 1,500
9    For a wine-maker's premises license,
10        second location ................500 1,000
11    For a wine-maker's premises license,
12        third location .................5001,000
13    For a retailer's license ...........600 750
14    For a special event retailer's
15        license, (not-for-profit) ......25 25
16    For a special use permit license,
17        one day only ...................100 150
18        2 days or more .................150 250
19    For a railroad license .............100 150
20    For a boat license .................500 1,000
21    For an airplane license, times the
22        licensee's maximum number of
23        aircraft in flight, serving
24        liquor over the State at any
25        given time, which either
26        originate, terminate, or make

 

 

10100HB2675sam001- 52 -LRB101 07840 RPS 60161 a

1        an intermediate stop in
2        the State.......................100150
3    For a non-beverage user's license:
4        Class 1 ........................2424
5        Class 2 ........................6060
6        Class 3 ........................120120
7        Class 4 ........................240240
8        Class 5 ........................600600
9    For a broker's license .............750 1,000
10    For an auction liquor license ......100 150
11    For a homebrewer special
12        event permit....................2525
13    For a craft distiller
14        tasting permit..................25 25
15    For a BASSET trainer license........ 300 350
16    For a tasting representative
17        license.........................200300
18    For a brewer warehouse permit....... 2525
19    For a craft distiller
20        warehouse permit...............25 25
21    Fees collected under this Section shall be paid into the
22Dram Shop Fund. On and after July 1, 2003 and until June 30,
232016, of the funds received for a retailer's license, in
24addition to the first $175, an additional $75 shall be paid
25into the Dram Shop Fund, and $250 shall be paid into the
26General Revenue Fund. On and after June 30, 2016, one-half of

 

 

10100HB2675sam001- 53 -LRB101 07840 RPS 60161 a

1the funds received for a retailer's license shall be paid into
2the Dram Shop Fund and one-half of the funds received for a
3retailer's license shall be paid into the General Revenue Fund.
4Beginning June 30, 1990 and on June 30 of each subsequent year
5through June 29, 2003, any balance over $5,000,000 remaining in
6the Dram Shop Fund shall be credited to State liquor licensees
7and applied against their fees for State liquor licenses for
8the following year. The amount credited to each licensee shall
9be a proportion of the balance in the Dram Fund that is the
10same as the proportion of the license fee paid by the licensee
11under this Section for the period in which the balance was
12accumulated to the aggregate fees paid by all licensees during
13that period.
14    No fee shall be paid for licenses issued by the State
15Commission to the following non-beverage users:
16        (a) Hospitals, sanitariums, or clinics when their use
17    of alcoholic liquor is exclusively medicinal, mechanical
18    or scientific.
19        (b) Universities, colleges of learning or schools when
20    their use of alcoholic liquor is exclusively medicinal,
21    mechanical or scientific.
22        (c) Laboratories when their use is exclusively for the
23    purpose of scientific research.
24(Source: P.A. 99-448, eff. 8-24-15; 99-902, eff. 8-26-16;
2599-904, eff. 8-26-16; 100-201, eff. 8-18-17; 100-816, eff.
268-13-18.)
 

 

 

10100HB2675sam001- 54 -LRB101 07840 RPS 60161 a

1    (235 ILCS 5/6-4)  (from Ch. 43, par. 121)
2    Sec. 6-4. (a) No person licensed by any licensing authority
3as a distiller, or a wine manufacturer, or any subsidiary or
4affiliate thereof, or any officer, associate, member, partner,
5representative, employee, agent or shareholder owning more
6than 5% of the outstanding shares of such person shall be
7issued an importing distributor's or distributor's license,
8nor shall any person licensed by any licensing authority as an
9importing distributor, distributor or retailer, or any
10subsidiary or affiliate thereof, or any officer or associate,
11member, partner, representative, employee, agent or
12shareholder owning more than 5% of the outstanding shares of
13such person be issued a distiller's license, a craft
14distiller's license, or a wine manufacturer's license; and no
15person or persons licensed as a distiller, or class 1 craft
16distiller, or class 2 craft distiller by any licensing
17authority shall have any interest, directly or indirectly, with
18such distributor or importing distributor.
19    However, an importing distributor or distributor, which on
20January 1, 1985 is owned by a brewer, or any subsidiary or
21affiliate thereof or any officer, associate, member, partner,
22representative, employee, agent or shareholder owning more
23than 5% of the outstanding shares of the importing distributor
24or distributor referred to in this paragraph, may own or
25acquire an ownership interest of more than 5% of the

 

 

10100HB2675sam001- 55 -LRB101 07840 RPS 60161 a

1outstanding shares of a wine manufacturer and be issued a wine
2manufacturer's license by any licensing authority.
3    (b) The foregoing provisions shall not apply to any person
4licensed by any licensing authority as a distiller or wine
5manufacturer, or to any subsidiary or affiliate of any
6distiller or wine manufacturer who shall have been heretofore
7licensed by the State Commission as either an importing
8distributor or distributor during the annual licensing period
9expiring June 30, 1947, and shall actually have made sales
10regularly to retailers.
11    (c) Provided, however, that in such instances where a
12distributor's or importing distributor's license has been
13issued to any distiller or wine manufacturer or to any
14subsidiary or affiliate of any distiller or wine manufacturer
15who has, during the licensing period ending June 30, 1947, sold
16or distributed as such licensed distributor or importing
17distributor alcoholic liquors and wines to retailers, such
18distiller or wine manufacturer or any subsidiary or affiliate
19of any distiller or wine manufacturer holding such
20distributor's or importing distributor's license may continue
21to sell or distribute to retailers such alcoholic liquors and
22wines which are manufactured, distilled, processed or marketed
23by distillers and wine manufacturers whose products it sold or
24distributed to retailers during the whole or any part of its
25licensing periods; and such additional brands and additional
26products may be added to the line of such distributor or

 

 

10100HB2675sam001- 56 -LRB101 07840 RPS 60161 a

1importing distributor, provided, that such brands and such
2products were not sold or distributed by any distributor or
3importing distributor licensed by the State Commission during
4the licensing period ending June 30, 1947, but can not sell or
5distribute to retailers any other alcoholic liquors or wines.
6    (d) It shall be unlawful for any distiller licensed
7anywhere to have any stock ownership or interest in any
8distributor's or importing distributor's license wherein any
9other person has an interest therein who is not a distiller and
10does not own more than 5% of any stock in any distillery.
11Nothing herein contained shall apply to such distillers or
12their subsidiaries or affiliates, who had a distributor's or
13importing distributor's license during the licensing period
14ending June 30, 1947, which license was owned in whole by such
15distiller, or subsidiaries or affiliates of such distiller.
16    (e) Any person licensed as a brewer, class 1 brewer, or
17class 2 brewer shall be permitted to sell on the licensed
18premises to non-licensees for on or off-premises consumption
19for the premises in which he or she actually conducts such
20business: (i) beer manufactured by the brewer, class 1 brewer,
21or class 2 brewer; (ii) beer manufactured by any other brewer,
22class 1 brewer, or class 2 brewer; and (iii) cider. Such sales
23shall be limited to on-premises, in-person sales only, for
24lawful consumption on or off premises. Such authorization shall
25be considered a privilege granted by the brewer license and,
26other than a manufacturer of beer as stated above, no

 

 

10100HB2675sam001- 57 -LRB101 07840 RPS 60161 a

1manufacturer or distributor or importing distributor,
2excluding airplane licensees exercising powers provided in
3paragraph (i) of Section 5-1 of this Act, or any subsidiary or
4affiliate thereof, or any officer, associate, member, partner,
5representative, employee or agent, or shareholder shall be
6issued a retailer's license, nor shall any person having a
7retailer's license, excluding airplane licensees exercising
8powers provided in paragraph (i) of Section 5-1 of this Act, or
9any subsidiary or affiliate thereof, or any officer, associate,
10member, partner, representative or agent, or shareholder be
11issued a manufacturer's license or importing distributor's
12license.
13    A manufacturer of beer that imports or transfers beer into
14this State must comply with Sections 6-8 and 8-1 of this Act.
15    A person who holds a class 1 or class 2 brewer license and
16is authorized by this Section to sell beer to non-licensees
17shall not sell beer to non-licensees from more than 3 total
18brewer or commonly owned brew pub licensed locations in this
19State. The class 1 or class 2 brewer shall designate to the
20State Commission the brewer or brew pub locations from which it
21will sell beer to non-licensees.
22    A person licensed as a class 1 craft distiller or a class 2
23craft distiller, including a person who holds more than one
24class 1 craft distiller or class 2 craft distiller license, not
25affiliated with any other person manufacturing spirits may be
26authorized by the State Commission to sell (1) up to 5,000

 

 

10100HB2675sam001- 58 -LRB101 07840 RPS 60161 a

12,500 gallons of spirits produced by the person to
2non-licensees for on or off-premises consumption for the
3premises in which he or she actually conducts business
4permitting only the retail sale of spirits manufactured at such
5premises and (2) vermouth purchased through a licensed
6distributor for on-premises consumption. Such sales shall be
7limited to on-premises, in-person sales only, for lawful
8consumption on or off premises, and such authorization shall be
9considered a privilege granted by the class 1 craft distiller
10or class 2 craft distiller license. A class 1 craft distiller
11or class 2 craft distiller licensed for retail sale shall
12secure liquor liability insurance coverage in an amount at
13least equal to the maximum liability amounts set forth in
14subsection (a) of Section 6-21 of this Act.
15    A class 1 craft distiller or class 2 craft distiller
16license holder shall not deliver any alcoholic liquor to any
17non-licensee off the licensed premises. A class 1 craft
18distiller or class 2 craft distiller shall affirm in its annual
19craft distiller's license application that it does not produce
20more than 50,000 or 100,000 gallons of distilled spirits
21annually, whichever is applicable, and that the craft distiller
22does not sell more than 5,000 2,500 gallons of spirits to
23non-licensees for on or off-premises consumption. In the
24application, which shall be sworn under penalty of perjury, the
25class 1 craft distiller or class 2 craft distiller shall state
26the volume of production and sales for each year since the

 

 

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1class 1 craft distiller's or class 2 craft distiller's
2establishment.
3    A person who holds a class 1 craft distiller or class 2
4craft distiller license and is authorized by this Section to
5sell spirits to non-licensees shall not sell spirits to
6non-licensees from more than 3 total distillery or commonly
7owned distilling pub licensed locations in this State. The
8class 1 craft distiller or class 2 craft distiller shall
9designate to the State Commission the distillery or distilling
10pub locations from which it will sell spirits to non-licensees.
11    (f) (Blank).
12    (g) Notwithstanding any of the foregoing prohibitions, a
13limited wine manufacturer may sell at retail at its
14manufacturing site for on or off premises consumption and may
15sell to distributors. A limited wine manufacturer licensee
16shall secure liquor liability insurance coverage in an amount
17at least equal to the maximum liability amounts set forth in
18subsection (a) of Section 6-21 of this Act.
19    (h) The changes made to this Section by Public Act 99-47
20shall not diminish or impair the rights of any person, whether
21a distiller, wine manufacturer, agent, or affiliate thereof,
22who requested in writing and submitted documentation to the
23State Commission on or before February 18, 2015 to be approved
24for a retail license pursuant to what has heretofore been
25subsection (f); provided that, on or before that date, the
26State Commission considered the intent of that person to apply

 

 

10100HB2675sam001- 60 -LRB101 07840 RPS 60161 a

1for the retail license under that subsection and, by recorded
2vote, the State Commission approved a resolution indicating
3that such a license application could be lawfully approved upon
4that person duly filing a formal application for a retail
5license and if that person, within 90 days of the State
6Commission appearance and recorded vote, first filed an
7application with the appropriate local commission, which
8application was subsequently approved by the appropriate local
9commission prior to consideration by the State Commission of
10that person's application for a retail license. It is further
11provided that the State Commission may approve the person's
12application for a retail license or renewals of such license if
13such person continues to diligently adhere to all
14representations made in writing to the State Commission on or
15before February 18, 2015, or thereafter, or in the affidavit
16filed by that person with the State Commission to support the
17issuance of a retail license and to abide by all applicable
18laws and duly adopted rules.
19(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15;
2099-642, eff. 7-28-16; 99-902, eff. 8-26-16; 100-201, eff.
218-18-17; 100-816, eff. 8-13-18; 100-885, eff. 8-14-18; revised
2210-24-18.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".