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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5504 Introduced 2/9/2024, by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: | | 235 ILCS 5/1-3.45 new | | 235 ILCS 5/1-3.46 new | | 235 ILCS 5/3-12 | | 235 ILCS 5/5-1 | from Ch. 43, par. 115 | 235 ILCS 5/5-3 | from Ch. 43, par. 118 | 235 ILCS 5/6-4 | from Ch. 43, par. 121 |
| Amends the Liquor Control Act of 1934. Creates a distiller showcase permit and a class 3 craft distiller license. Provides that a class 3 craft distiller license, which may be issued to a distiller or a non-resident dealer, shall allow the manufacture of no more than 100,000 gallons of spirits per year and shall allow the sale of no more than 5,000 gallons of spirits in the aggregate from the class 3 craft distiller's in-state or out-of-state class 3 craft distillery premises to retail licensees, class 3 brewers, and class 3 craft distillers as long as the class 3 craft distiller licensee meets certain requirements. Authorizes a class 3 craft distiller to self-distribute subject to certain requirements and limitations. Provides that a spirits showcase permit shall allow an Illinois-licensed distributor to transfer a portion of its spirits inventory from its licensed premises to the premises specified in the spirits showcase permit license, and, in the case of a class 3 craft distiller, transfer only spirits the class 3 craft distiller manufactures from its licensed premises to the premises specified in the spirits showcase permit license; and to sell or offer for sale at retail, only in the premises specified in the spirits showcase permit license, the transferred or delivered spirits for on or off premises consumption, but not for resale in any form and to sell to non-licensees not more than 156 fluid ounces of spirits per person. Provides that a distilling pub license shall allow the licensee to manufacture up to 10,000 gallons (instead of 5,000 gallons) of spirits per year on the premises specified in the license. |
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| | A BILL FOR |
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| | HB5504 | | LRB103 38154 RPS 68287 b |
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1 | | AN ACT concerning liquor. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Liquor Control Act of 1934 is amended by |
5 | | changing Sections 3-12, 5-1, 5-3, and 6-4 and by adding |
6 | | Sections 1-3.45 and 1-3.46 as follows: |
7 | | (235 ILCS 5/1-3.45 new) |
8 | | Sec. 1-3.45. Spirits showcase permit. "Spirits showcase |
9 | | permit" means a license for use by a class 1 craft distiller, |
10 | | class 2 craft distiller, class 3 craft distiller, or |
11 | | distributor to allow for the transfer of spirits only from an |
12 | | existing licensed premises of a class 1 craft distiller, class |
13 | | 2 craft distiller, class 3 craft distiller, or distributor to |
14 | | a designated site for a specific event. |
15 | | (235 ILCS 5/1-3.46 new) |
16 | | Sec. 1-3.46. Class 3 craft distiller. "Class 3 craft |
17 | | distiller" means a person who is a holder of a distiller |
18 | | license, class 1 craft distiller license, class 2 craft |
19 | | distiller license, or a non-resident dealer license who |
20 | | manufactures no more than 100,000 gallons of spirits per year |
21 | | in the aggregate and who may make sales to importing |
22 | | distributors, distributors, and retail licensees in accordance |
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| | HB5504 | - 2 - | LRB103 38154 RPS 68287 b |
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1 | | with the conditions set forth in paragraph (21) of subsection |
2 | | (a) of Section 3-12. |
3 | | (235 ILCS 5/3-12) |
4 | | Sec. 3-12. Powers and duties of State Commission. |
5 | | (a) The State Commission shall have the following powers, |
6 | | functions, and duties: |
7 | | (1) To receive applications and to issue licenses to |
8 | | manufacturers, foreign importers, importing distributors, |
9 | | distributors, non-resident dealers, on premise consumption |
10 | | retailers, off premise sale retailers, special event |
11 | | retailer licensees, special use permit licenses, auction |
12 | | liquor licenses, brew pubs, caterer retailers, |
13 | | non-beverage users, railroads, including owners and |
14 | | lessees of sleeping, dining and cafe cars, airplanes, |
15 | | boats, brokers, and wine maker's premises licensees in |
16 | | accordance with the provisions of this Act, and to suspend |
17 | | or revoke such licenses upon the State Commission's |
18 | | determination, upon notice after hearing, that a licensee |
19 | | has violated any provision of this Act or any rule or |
20 | | regulation issued pursuant thereto and in effect for 30 |
21 | | days prior to such violation. Except in the case of an |
22 | | action taken pursuant to a violation of Section 6-3, 6-5, |
23 | | or 6-9, any action by the State Commission to suspend or |
24 | | revoke a licensee's license may be limited to the license |
25 | | for the specific premises where the violation occurred. An |
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| | HB5504 | - 3 - | LRB103 38154 RPS 68287 b |
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1 | | action for a violation of this Act shall be commenced by |
2 | | the State Commission within 2 years after the date the |
3 | | State Commission becomes aware of the violation. |
4 | | In lieu of suspending or revoking a license, the |
5 | | commission may impose a fine, upon the State Commission's |
6 | | determination and notice after hearing, that a licensee |
7 | | has violated any provision of this Act or any rule or |
8 | | regulation issued pursuant thereto and in effect for 30 |
9 | | days prior to such violation. |
10 | | For the purpose of this paragraph (1), when |
11 | | determining multiple violations for the sale of alcohol to |
12 | | a person under the age of 21, a second or subsequent |
13 | | violation for the sale of alcohol to a person under the age |
14 | | of 21 shall only be considered if it was committed within 5 |
15 | | years after the date when a prior violation for the sale of |
16 | | alcohol to a person under the age of 21 was committed. |
17 | | The fine imposed under this paragraph may not exceed |
18 | | $500 for each violation. Each day that the activity, which |
19 | | gave rise to the original fine, continues is a separate |
20 | | violation. The maximum fine that may be levied against any |
21 | | licensee, for the period of the license, shall not exceed |
22 | | $20,000. The maximum penalty that may be imposed on a |
23 | | licensee for selling a bottle of alcoholic liquor with a |
24 | | foreign object in it or serving from a bottle of alcoholic |
25 | | liquor with a foreign object in it shall be the |
26 | | destruction of that bottle of alcoholic liquor for the |
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| | HB5504 | - 4 - | LRB103 38154 RPS 68287 b |
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1 | | first 10 bottles so sold or served from by the licensee. |
2 | | For the eleventh bottle of alcoholic liquor and for each |
3 | | third bottle thereafter sold or served from by the |
4 | | licensee with a foreign object in it, the maximum penalty |
5 | | that may be imposed on the licensee is the destruction of |
6 | | the bottle of alcoholic liquor and a fine of up to $50. |
7 | | Any notice issued by the State Commission to a |
8 | | licensee for a violation of this Act or any notice with |
9 | | respect to settlement or offer in compromise shall include |
10 | | the field report, photographs, and any other supporting |
11 | | documentation necessary to reasonably inform the licensee |
12 | | of the nature and extent of the violation or the conduct |
13 | | alleged to have occurred. The failure to include such |
14 | | required documentation shall result in the dismissal of |
15 | | the action. |
16 | | (2) To adopt such rules and regulations consistent |
17 | | with the provisions of this Act which shall be necessary |
18 | | to carry on its functions and duties to the end that the |
19 | | health, safety and welfare of the People of the State of |
20 | | Illinois shall be protected and temperance in the |
21 | | consumption of alcoholic liquors shall be fostered and |
22 | | promoted and to distribute copies of such rules and |
23 | | regulations to all licensees affected thereby. |
24 | | (3) To call upon other administrative departments of |
25 | | the State, county and municipal governments, county and |
26 | | city police departments and upon prosecuting officers for |
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| | HB5504 | - 5 - | LRB103 38154 RPS 68287 b |
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1 | | such information and assistance as it deems necessary in |
2 | | the performance of its duties. |
3 | | (4) To recommend to local commissioners rules and |
4 | | regulations, not inconsistent with the law, for the |
5 | | distribution and sale of alcoholic liquors throughout the |
6 | | State. |
7 | | (5) To inspect, or cause to be inspected, any premises |
8 | | in this State where alcoholic liquors are manufactured, |
9 | | distributed, warehoused, or sold. Nothing in this Act |
10 | | authorizes an agent of the State Commission to inspect |
11 | | private areas within the premises without reasonable |
12 | | suspicion or a warrant during an inspection. "Private |
13 | | areas" include, but are not limited to, safes, personal |
14 | | property, and closed desks. |
15 | | (5.1) Upon receipt of a complaint or upon having |
16 | | knowledge that any person is engaged in business as a |
17 | | manufacturer, importing distributor, distributor, or |
18 | | retailer without a license or valid license, to conduct an |
19 | | investigation. If, after conducting an investigation, the |
20 | | State Commission is satisfied that the alleged conduct |
21 | | occurred or is occurring, it may issue a cease and desist |
22 | | notice as provided in this Act, impose civil penalties as |
23 | | provided in this Act, notify the local liquor authority, |
24 | | or file a complaint with the State's Attorney's Office of |
25 | | the county where the incident occurred or the Attorney |
26 | | General. |
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| | HB5504 | - 6 - | LRB103 38154 RPS 68287 b |
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1 | | (5.2) Upon receipt of a complaint or upon having |
2 | | knowledge that any person is shipping alcoholic liquor |
3 | | into this State from a point outside of this State if the |
4 | | shipment is in violation of this Act, to conduct an |
5 | | investigation. If, after conducting an investigation, the |
6 | | State Commission is satisfied that the alleged conduct |
7 | | occurred or is occurring, it may issue a cease and desist |
8 | | notice as provided in this Act, impose civil penalties as |
9 | | provided in this Act, notify the foreign jurisdiction, or |
10 | | file a complaint with the State's Attorney's Office of the |
11 | | county where the incident occurred or the Attorney |
12 | | General. |
13 | | (5.3) To receive complaints from licensees, local |
14 | | officials, law enforcement agencies, organizations, and |
15 | | persons stating that any licensee has been or is violating |
16 | | any provision of this Act or the rules and regulations |
17 | | issued pursuant to this Act. Such complaints shall be in |
18 | | writing, signed and sworn to by the person making the |
19 | | complaint, and shall state with specificity the facts in |
20 | | relation to the alleged violation. If the State Commission |
21 | | has reasonable grounds to believe that the complaint |
22 | | substantially alleges a violation of this Act or rules and |
23 | | regulations adopted pursuant to this Act, it shall conduct |
24 | | an investigation. If, after conducting an investigation, |
25 | | the State Commission is satisfied that the alleged |
26 | | violation did occur, it shall proceed with disciplinary |
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| | HB5504 | - 7 - | LRB103 38154 RPS 68287 b |
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1 | | action against the licensee as provided in this Act. |
2 | | (5.4) To make arrests and issue notices of civil |
3 | | violations where necessary for the enforcement of this |
4 | | Act. |
5 | | (5.5) To investigate any and all unlicensed activity. |
6 | | (5.6) To impose civil penalties or fines to any person |
7 | | who, without holding a valid license, engages in conduct |
8 | | that requires a license pursuant to this Act, in an amount |
9 | | not to exceed $20,000 for each offense as determined by |
10 | | the State Commission. A civil penalty shall be assessed by |
11 | | the State Commission after a hearing is held in accordance |
12 | | with the provisions set forth in this Act regarding the |
13 | | provision of a hearing for the revocation or suspension of |
14 | | a license. |
15 | | (6) To hear and determine appeals from orders of a |
16 | | local commission in accordance with the provisions of this |
17 | | Act, as hereinafter set forth. Hearings under this |
18 | | subsection shall be held in Springfield or Chicago, at |
19 | | whichever location is the more convenient for the majority |
20 | | of persons who are parties to the hearing. |
21 | | (7) The State Commission shall establish uniform |
22 | | systems of accounts to be kept by all retail licensees |
23 | | having more than 4 employees, and for this purpose the |
24 | | State Commission may classify all retail licensees having |
25 | | more than 4 employees and establish a uniform system of |
26 | | accounts for each class and prescribe the manner in which |
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| | HB5504 | - 8 - | LRB103 38154 RPS 68287 b |
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1 | | such accounts shall be kept. The State Commission may also |
2 | | prescribe the forms of accounts to be kept by all retail |
3 | | licensees having more than 4 employees, including, but not |
4 | | limited to, accounts of earnings and expenses and any |
5 | | distribution, payment, or other distribution of earnings |
6 | | or assets, and any other forms, records, and memoranda |
7 | | which in the judgment of the commission may be necessary |
8 | | or appropriate to carry out any of the provisions of this |
9 | | Act, including, but not limited to, such forms, records, |
10 | | and memoranda as will readily and accurately disclose at |
11 | | all times the beneficial ownership of such retail licensed |
12 | | business. The accounts, forms, records, and memoranda |
13 | | shall be available at all reasonable times for inspection |
14 | | by authorized representatives of the State Commission or |
15 | | by any local liquor control commissioner or his or her |
16 | | authorized representative. The commission may, from time |
17 | | to time, alter, amend, or repeal, in whole or in part, any |
18 | | uniform system of accounts, or the form and manner of |
19 | | keeping accounts. |
20 | | (8) In the conduct of any hearing authorized to be |
21 | | held by the State Commission, to appoint, at the |
22 | | commission's discretion, hearing officers to conduct |
23 | | hearings involving complex issues or issues that will |
24 | | require a protracted period of time to resolve, to |
25 | | examine, or cause to be examined, under oath, any |
26 | | licensee, and to examine or cause to be examined the books |
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| | HB5504 | - 9 - | LRB103 38154 RPS 68287 b |
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1 | | and records of such licensee; to hear testimony and take |
2 | | proof material for its information in the discharge of its |
3 | | duties hereunder; to administer or cause to be |
4 | | administered oaths; for any such purpose to issue subpoena |
5 | | or subpoenas to require the attendance of witnesses and |
6 | | the production of books, which shall be effective in any |
7 | | part of this State, and to adopt rules to implement its |
8 | | 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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| | HB5504 | - 10 - | LRB103 38154 RPS 68287 b |
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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 State Commission shall present a written |
18 | | report to the Governor and the General Assembly that shall |
19 | | be based on a study of the impact of Public Act 95-634 on |
20 | | the business of soliciting, selling, and shipping wine |
21 | | from inside and outside of this State directly to |
22 | | residents of this State. As part of its report, the State |
23 | | Commission shall 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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| | HB5504 | - 11 - | LRB103 38154 RPS 68287 b |
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1 | | (C) The number of cases of wine shipped from |
2 | | inside and outside of this State directly to residents |
3 | | of this 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 |
16 | | Bureau. |
17 | | (15) As a means to reduce the underage consumption of |
18 | | alcoholic liquors, the State Commission shall conduct |
19 | | alcohol compliance operations to investigate whether |
20 | | businesses that are soliciting, selling, and shipping wine |
21 | | from inside or outside of this State directly to residents |
22 | | of this State are licensed by this State or are selling or |
23 | | attempting to sell wine to persons under 21 years of age in |
24 | | violation of this Act. |
25 | | (16) The State Commission shall, in addition to |
26 | | notifying any appropriate law enforcement agency, submit |
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1 | | notices of complaints or violations of Sections 6-29 and |
2 | | 6-29.1 by persons who do not hold a winery shipper's |
3 | | license under this Act to the Illinois Attorney General |
4 | | and to the U.S. Department of Treasury's Alcohol and |
5 | | Tobacco Tax and Trade Bureau. |
6 | | (17)(A) A person licensed to make wine under the laws |
7 | | of another state who has a winery shipper's license under |
8 | | this Act and annually produces less than 25,000 gallons of |
9 | | wine or a person who has a first-class or second-class |
10 | | wine manufacturer's license, a first-class or second-class |
11 | | wine-maker's license, or a limited wine manufacturer's |
12 | | license under this Act and annually produces less than |
13 | | 25,000 gallons of wine may make application to the |
14 | | Commission for a self-distribution exemption to allow the |
15 | | sale of not more than 5,000 gallons of the exemption |
16 | | holder's wine to retail licensees per year and to sell |
17 | | cider, mead, or both cider and mead to brewers, class 1 |
18 | | brewers, class 2 brewers, and class 3 brewers , and class 3 |
19 | | craft distillers that, pursuant to subsection (e) of |
20 | | Section 6-4 of this Act, sell beer, cider, spirits, mead, |
21 | | or any combination thereof to non-licensees at their |
22 | | breweries or distilleries . |
23 | | (B) In the application, which shall be sworn under |
24 | | penalty of perjury, such person shall state (1) the date |
25 | | it was established; (2) its volume of production and sales |
26 | | for each year since its establishment; (3) its efforts to |
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| | HB5504 | - 13 - | LRB103 38154 RPS 68287 b |
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1 | | establish distributor relationships; (4) that a |
2 | | self-distribution exemption is necessary to facilitate the |
3 | | marketing of its wine; and (5) that it will comply with the |
4 | | liquor and revenue laws of the United States, this State, |
5 | | and any other state where it is licensed. |
6 | | (C) The State Commission shall approve the application |
7 | | for a self-distribution exemption if such person: (1) is |
8 | | in compliance with State revenue and liquor laws; (2) is |
9 | | not a member of any affiliated group that produces |
10 | | directly or indirectly more than 25,000 gallons of wine |
11 | | per annum, 930,000 gallons of beer per annum, or 50,000 |
12 | | gallons of spirits per annum; (3) will not annually |
13 | | produce for sale more than 25,000 gallons of wine, 930,000 |
14 | | gallons of beer, or 50,000 gallons of spirits; and (4) |
15 | | will not annually sell more than 5,000 gallons of its wine |
16 | | to retail licensees. |
17 | | (D) A self-distribution exemption holder shall |
18 | | annually certify to the State Commission its production of |
19 | | wine in the previous 12 months and its anticipated |
20 | | production and sales for the next 12 months. The State |
21 | | Commission may fine, suspend, or revoke a |
22 | | self-distribution exemption after a hearing if it finds |
23 | | that the exemption holder has made a material |
24 | | misrepresentation in its application, violated a revenue |
25 | | or liquor law of Illinois, exceeded production of 25,000 |
26 | | gallons of wine, 930,000 gallons of beer, or 50,000 |
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| | HB5504 | - 14 - | LRB103 38154 RPS 68287 b |
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1 | | gallons of spirits in any calendar year, or become part of |
2 | | an affiliated group producing more than 25,000 gallons of |
3 | | wine, 930,000 gallons of beer, or 50,000 gallons of |
4 | | spirits. |
5 | | (E) Except in hearings for violations of this Act or |
6 | | Public Act 95-634 or a bona fide investigation by duly |
7 | | sworn law enforcement officials, the State Commission, or |
8 | | its agents, the State Commission shall maintain the |
9 | | production and sales information of a self-distribution |
10 | | exemption holder as confidential and shall not release |
11 | | such information to any person. |
12 | | (F) The State Commission shall issue regulations |
13 | | governing self-distribution exemptions consistent with |
14 | | this Section and this Act. |
15 | | (G) Nothing in this paragraph (17) shall prohibit a |
16 | | self-distribution exemption holder from entering into or |
17 | | simultaneously having a distribution agreement with a |
18 | | licensed Illinois distributor. |
19 | | (H) It is the intent of this paragraph (17) to promote |
20 | | and continue orderly markets. The General Assembly finds |
21 | | that, in order to preserve Illinois' regulatory |
22 | | distribution system, it is necessary to create an |
23 | | exception for smaller makers of wine as their wines are |
24 | | frequently adjusted in varietals, mixes, vintages, and |
25 | | taste to find and create market niches sometimes too small |
26 | | for distributor or importing distributor business |
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| | HB5504 | - 15 - | LRB103 38154 RPS 68287 b |
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1 | | strategies. Limited self-distribution rights will afford |
2 | | and allow smaller makers of wine access to the marketplace |
3 | | in order to develop a customer base without impairing the |
4 | | integrity of the 3-tier system. |
5 | | (18)(A) A class 1 brewer licensee, who must also be |
6 | | either a licensed brewer or licensed non-resident dealer |
7 | | and annually manufacture less than 930,000 gallons of |
8 | | beer, may make application to the State Commission for a |
9 | | self-distribution exemption to allow the sale of not more |
10 | | than 232,500 gallons per year of the exemption holder's |
11 | | beer to retail licensees and to brewers, class 1 brewers, |
12 | | and class 2 brewers that, pursuant to subsection (e) of |
13 | | Section 6-4 of this Act, sell beer, cider, mead, or any |
14 | | combination thereof to non-licensees at their breweries. |
15 | | (B) In the application, which shall be sworn under |
16 | | penalty of perjury, the class 1 brewer licensee shall |
17 | | state (1) the date it was established; (2) its volume of |
18 | | beer manufactured and sold for each year since its |
19 | | establishment; (3) its efforts to establish distributor |
20 | | relationships; (4) that a self-distribution exemption is |
21 | | necessary to facilitate the marketing of its beer; and (5) |
22 | | that it will comply with the alcoholic beverage and |
23 | | revenue laws of the United States, this State, and any |
24 | | other state where it is licensed. |
25 | | (C) Any application submitted shall be posted on the |
26 | | State Commission's website at least 45 days prior to |
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1 | | action by the State Commission. The State Commission shall |
2 | | approve the application for a self-distribution exemption |
3 | | if the class 1 brewer licensee: (1) is in compliance with |
4 | | the State, revenue, and alcoholic beverage laws; (2) is |
5 | | not a member of any affiliated group that manufactures, |
6 | | directly or indirectly, more than 930,000 gallons of beer |
7 | | per annum, 25,000 gallons of wine per annum, or 50,000 |
8 | | gallons of spirits per annum; (3) shall not annually |
9 | | manufacture for sale more than 930,000 gallons of beer, |
10 | | 25,000 gallons of wine, or 50,000 gallons of spirits; (4) |
11 | | shall not annually sell more than 232,500 gallons of its |
12 | | beer to retail licensees and class 3 brewers and to |
13 | | brewers, class 1 brewers, and class 2 brewers that, |
14 | | pursuant to subsection (e) of Section 6-4 of this Act, |
15 | | sell beer, cider, mead, or any combination thereof to |
16 | | non-licensees at their breweries; and (5) has relinquished |
17 | | any brew pub license held by the licensee, including any |
18 | | ownership interest it held in the licensed brew pub. |
19 | | (D) A self-distribution exemption holder shall |
20 | | annually certify to the State Commission its manufacture |
21 | | of beer during the previous 12 months and its anticipated |
22 | | manufacture and sales of beer for the next 12 months. The |
23 | | State Commission may fine, suspend, or revoke a |
24 | | self-distribution exemption after a hearing if it finds |
25 | | that the exemption holder has made a material |
26 | | misrepresentation in its application, violated a revenue |
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1 | | or alcoholic beverage law of Illinois, exceeded the |
2 | | manufacture of 930,000 gallons of beer, 25,000 gallons of |
3 | | wine, or 50,000 gallons of spirits in any calendar year or |
4 | | became part of an affiliated group manufacturing more than |
5 | | 930,000 gallons of beer, 25,000 gallons of wine, or 50,000 |
6 | | gallons of spirits. |
7 | | (E) The State Commission shall issue rules and |
8 | | regulations governing self-distribution exemptions |
9 | | consistent with this Act. |
10 | | (F) Nothing in this paragraph (18) shall prohibit a |
11 | | self-distribution exemption holder from entering into or |
12 | | simultaneously having a distribution agreement with a |
13 | | licensed Illinois importing distributor or a distributor. |
14 | | If a self-distribution exemption holder enters into a |
15 | | distribution agreement and has assigned distribution |
16 | | rights to an importing distributor or distributor, then |
17 | | the self-distribution exemption holder's distribution |
18 | | rights in the assigned territories shall cease in a |
19 | | reasonable time not to exceed 60 days. |
20 | | (G) It is the intent of this paragraph (18) to promote |
21 | | and continue orderly markets. The General Assembly finds |
22 | | that in order to preserve Illinois' regulatory |
23 | | distribution system, it is necessary to create an |
24 | | exception for smaller manufacturers in order to afford and |
25 | | allow such smaller manufacturers of beer access to the |
26 | | marketplace in order to develop a customer base without |
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| | HB5504 | - 18 - | LRB103 38154 RPS 68287 b |
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1 | | impairing the integrity of the 3-tier system. |
2 | | (19)(A) A class 1 craft distiller licensee or a |
3 | | non-resident dealer who manufactures less than 50,000 |
4 | | gallons of distilled spirits per year may make application |
5 | | to the State Commission for a self-distribution exemption |
6 | | to allow the sale of not more than 5,000 gallons of the |
7 | | exemption holder's spirits to retail licensees per year. |
8 | | (B) In the application, which shall be sworn under |
9 | | penalty of perjury, the class 1 craft distiller licensee |
10 | | or non-resident dealer shall state (1) the date it was |
11 | | established; (2) its volume of spirits manufactured and |
12 | | sold for each year since its establishment; (3) its |
13 | | efforts to establish distributor relationships; (4) that a |
14 | | self-distribution exemption is necessary to facilitate the |
15 | | marketing of its spirits; and (5) that it will comply with |
16 | | the alcoholic beverage and revenue laws of the United |
17 | | States, this State, and any other state where it is |
18 | | licensed. |
19 | | (C) Any application submitted shall be posted on the |
20 | | State Commission's website at least 45 days prior to |
21 | | action by the State Commission. The State Commission shall |
22 | | approve the application for a self-distribution exemption |
23 | | if the applicant: (1) is in compliance with State revenue |
24 | | and alcoholic beverage laws; (2) is not a member of any |
25 | | affiliated group that produces more than 50,000 gallons of |
26 | | spirits per annum, 930,000 gallons of beer per annum, or |
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| | HB5504 | - 19 - | LRB103 38154 RPS 68287 b |
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1 | | 25,000 gallons of wine per annum; (3) does not annually |
2 | | manufacture for sale more than 50,000 gallons of spirits, |
3 | | 930,000 gallons of beer, or 25,000 gallons of wine; and |
4 | | (4) does not annually sell more than 5,000 gallons of its |
5 | | spirits to retail licensees. |
6 | | (D) A self-distribution exemption holder shall |
7 | | annually certify to the State Commission its manufacture |
8 | | of spirits during the previous 12 months and its |
9 | | anticipated manufacture and sales of spirits for the next |
10 | | 12 months. The State Commission may fine, suspend, or |
11 | | revoke a self-distribution exemption after a hearing if it |
12 | | finds that the exemption holder has made a material |
13 | | misrepresentation in its application, violated a revenue |
14 | | or alcoholic beverage law of Illinois, exceeded the |
15 | | manufacture of 50,000 gallons of spirits, 930,000 gallons |
16 | | of beer, or 25,000 gallons of wine in any calendar year, or |
17 | | has become part of an affiliated group manufacturing more |
18 | | than 50,000 gallons of spirits, 930,000 gallons of beer, |
19 | | or 25,000 gallons of wine. |
20 | | (E) The State Commission shall adopt rules governing |
21 | | self-distribution exemptions consistent with this Act. |
22 | | (F) Nothing in this paragraph (19) shall prohibit a |
23 | | self-distribution exemption holder from entering into or |
24 | | simultaneously having a distribution agreement with a |
25 | | licensed Illinois importing distributor or a distributor. |
26 | | (G) It is the intent of this paragraph (19) to promote |
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| | HB5504 | - 20 - | LRB103 38154 RPS 68287 b |
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1 | | and continue orderly markets. The General Assembly finds |
2 | | that in order to preserve Illinois' regulatory |
3 | | distribution system, it is necessary to create an |
4 | | exception for smaller manufacturers in order to afford and |
5 | | allow such smaller manufacturers of spirits access to the |
6 | | marketplace in order to develop a customer base without |
7 | | impairing the integrity of the 3-tier system. |
8 | | (20)(A) A class 3 brewer licensee who must manufacture |
9 | | less than 465,000 gallons of beer in the aggregate and not |
10 | | more than 155,000 gallons at any single brewery premises |
11 | | may make application to the State Commission for a |
12 | | self-distribution exemption to allow the sale of not more |
13 | | than 6,200 gallons of beer from each in-state or |
14 | | out-of-state class 3 brewery premises, which shall not |
15 | | exceed 18,600 gallons annually in the aggregate, that is |
16 | | manufactured at a wholly owned class 3 brewer's in-state |
17 | | or out-of-state licensed premises to retail licensees and |
18 | | class 3 brewers and to brewers, class 1 brewers, class 2 |
19 | | brewers that, pursuant to subsection (e) of Section 6-4, |
20 | | sell beer, cider, or both beer and cider to non-licensees |
21 | | at their licensed breweries. |
22 | | (B) In the application, which shall be sworn under |
23 | | penalty of perjury, the class 3 brewer licensee shall |
24 | | state: |
25 | | (1) the date it was established; |
26 | | (2) its volume of beer manufactured and sold for |
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1 | | each year since its establishment; |
2 | | (3) its efforts to establish distributor |
3 | | relationships; |
4 | | (4) that a self-distribution exemption is |
5 | | necessary to facilitate the marketing of its beer; and |
6 | | (5) that it will comply with the alcoholic |
7 | | beverage and revenue laws of the United States, this |
8 | | State, and any other state where it is licensed. |
9 | | (C) Any application submitted shall be posted on the |
10 | | State Commission's website at least 45 days before action |
11 | | by the State Commission. The State Commission shall |
12 | | approve the application for a self-distribution exemption |
13 | | if the class 3 brewer licensee: (1) is in compliance with |
14 | | the State, revenue, and alcoholic beverage laws; (2) is |
15 | | not a member of any affiliated group that manufacturers, |
16 | | directly or indirectly, more than 465,000 gallons of beer |
17 | | per annum; (3) shall not annually manufacture for sale |
18 | | more than 465,000 gallons of beer or more than 155,000 |
19 | | gallons at any single brewery premises; and (4) shall not |
20 | | annually sell more than 6,200 gallons of beer from each |
21 | | in-state or out-of-state class 3 brewery premises, and |
22 | | shall not exceed 18,600 gallons annually in the aggregate, |
23 | | to retail licensees and class 3 brewers and to brewers, |
24 | | class 1 brewers, and class 2 brewers that, pursuant to |
25 | | subsection (e) of Section 6-4 of this Act, sell beer, |
26 | | cider, or both beer and cider to non-licensees at their |
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1 | | breweries. |
2 | | (D) A self-distribution exemption holder shall |
3 | | annually certify to the State Commission its manufacture |
4 | | of beer during the previous 12 months and its anticipated |
5 | | manufacture and sales of beer for the next 12 months. The |
6 | | State Commission may fine, suspend, or revoke a |
7 | | self-distribution exemption after a hearing if it finds |
8 | | that the exemption holder has made a material |
9 | | misrepresentation in its application, violated a revenue |
10 | | or alcoholic beverage law of Illinois, exceeded the |
11 | | manufacture of 465,000 gallons of beer in any calendar |
12 | | year or became part of an affiliated group manufacturing |
13 | | more than 465,000 gallons of beer, or exceeded the sale to |
14 | | retail licensees, brewers, class 1 brewers, class 2 |
15 | | brewers, and class 3 brewers of 6,200 gallons per brewery |
16 | | location or 18,600 gallons in the aggregate. |
17 | | (E) The State Commission may adopt rules governing |
18 | | self-distribution exemptions consistent with this Act. |
19 | | (F) Nothing in this paragraph shall prohibit a |
20 | | self-distribution exemption holder from entering into or |
21 | | simultaneously having a distribution agreement with a |
22 | | licensed Illinois importing distributor or a distributor. |
23 | | If a self-distribution exemption holder enters into a |
24 | | distribution agreement and has assigned distribution |
25 | | rights to an importing distributor or distributor, then |
26 | | the self-distribution exemption holder's distribution |
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| | HB5504 | - 23 - | LRB103 38154 RPS 68287 b |
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1 | | rights in the assigned territories shall cease in a |
2 | | reasonable time not to exceed 60 days. |
3 | | (G) It is the intent of this paragraph to promote and |
4 | | continue orderly markets. The General Assembly finds that |
5 | | in order to preserve Illinois' regulatory distribution |
6 | | system, it is necessary to create an exception for smaller |
7 | | manufacturers in order to afford and allow such smaller |
8 | | manufacturers of beer access to the marketplace in order |
9 | | to develop a customer base without impairing the integrity |
10 | | of the 3-tier system. |
11 | | (21)(A) A class 3 craft distiller licensee who |
12 | | manufactures less than 100,000 gallons of spirits in the |
13 | | aggregate may make application to the State Commission for |
14 | | a self-distribution exemption to allow the sale of not |
15 | | more than 5,000 gallons of spirits that are manufactured |
16 | | at a wholly owned class 3 craft distiller's in-state or |
17 | | out-of-state licensed premises to retail licensees and |
18 | | class 3 brewers and to class 3 craft distillers that, |
19 | | pursuant to subsection (e) of Section 6-4, sell beer, |
20 | | cider, spirits, or any combination thereof to |
21 | | non-licensees at their licensed distilleries. |
22 | | (B) In the application, which shall be sworn under |
23 | | penalty of perjury, the class 3 craft distiller licensee |
24 | | shall state: (1) the date it was established; (2) its |
25 | | volume of spirits manufactured and sold for each year |
26 | | since its establishment; (3) its efforts to establish |
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| | HB5504 | - 24 - | LRB103 38154 RPS 68287 b |
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1 | | distributor relationships; (4) that a self-distribution |
2 | | exemption is necessary to facilitate the marketing of its |
3 | | spirits; and (5) that it will comply with the alcoholic |
4 | | beverage and revenue laws of the United States, this |
5 | | State, and any other state where it is licensed. |
6 | | (C) Any application submitted shall be posted on the |
7 | | State Commission's website at least 45 days before action |
8 | | by the State Commission. The State Commission shall |
9 | | approve the application for a self-distribution exemption |
10 | | if the class 3 craft distiller licensee: (1) is in |
11 | | compliance with the State, revenue, and alcoholic beverage |
12 | | laws; (2) is not a member of any affiliated group that |
13 | | manufacturers, directly or indirectly, more than 100,000 |
14 | | gallons of spirits per annum; (3) shall not annually |
15 | | manufacture for sale more than 100,000 gallons of spirits; |
16 | | and (4) shall not annually sell more than 5,000 gallons of |
17 | | spirits in the aggregate from the class 3 craft |
18 | | distiller's in-state or out-of-state class 3 craft |
19 | | distillery premises to retail licensees and class 3 |
20 | | brewers and to brewers, class 1 brewers, class 2 brewers, |
21 | | distillers, class 1 craft distillers, and class 2 craft |
22 | | distillers that, pursuant to subsection (e) of Section 6-4 |
23 | | of this Act, sell beer, cider, spirits, or any combination |
24 | | thereof to non-licensees at their distilleries. |
25 | | (D) A self-distribution exemption holder shall |
26 | | annually certify to the State Commission its manufacture |
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| | HB5504 | - 25 - | LRB103 38154 RPS 68287 b |
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1 | | of spirits during the previous 12 months and its |
2 | | anticipated manufacture and sales of spirits for the next |
3 | | 12 months. The State Commission may fine, suspend, or |
4 | | revoke a self-distribution exemption after a hearing if it |
5 | | finds that the exemption holder has made a material |
6 | | misrepresentation in its application, violated a revenue |
7 | | or alcoholic beverage law of Illinois, exceeded the |
8 | | manufacture of 100,000 gallons of spirits in any calendar |
9 | | year or became part of an affiliated group manufacturing |
10 | | more than 100,000 gallons of spirits, or exceeded the sale |
11 | | to retail licensees, brewers, class 1 brewers, class 2 |
12 | | brewers, class 3 brewers, distillers, class 1 craft |
13 | | distillers, and class 2 craft distillers of 5,000 gallons |
14 | | in the aggregate. |
15 | | (E) The State Commission may adopt rules governing |
16 | | self-distribution exemptions consistent with this Act. |
17 | | (F) Nothing in this paragraph shall prohibit a |
18 | | self-distribution exemption holder from entering into or |
19 | | simultaneously having a distribution agreement with a |
20 | | licensed Illinois importing distributor or a distributor. |
21 | | (G) It is the intent of this paragraph to promote and |
22 | | continue orderly markets. The General Assembly finds that |
23 | | in order to preserve Illinois' regulatory distribution |
24 | | system, it is necessary to create an exception for smaller |
25 | | manufacturers in order to afford and allow such smaller |
26 | | manufacturers of spirits access to the marketplace in |
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| | HB5504 | - 26 - | LRB103 38154 RPS 68287 b |
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1 | | order to develop a customer base without impairing the |
2 | | integrity of the 3-tier system. |
3 | | (b) On or before April 30, 1999, the Commission shall |
4 | | present a written report to the Governor and the General |
5 | | Assembly that shall be based on a study of the impact of Public |
6 | | Act 90-739 on the business of soliciting, selling, and |
7 | | shipping alcoholic liquor from outside of this State directly |
8 | | to residents of this State. |
9 | | As part of its report, the Commission shall provide the |
10 | | following information: |
11 | | (i) the amount of State excise and sales tax revenues |
12 | | generated as a result of Public Act 90-739; |
13 | | (ii) the amount of licensing fees received as a result |
14 | | of Public Act 90-739; |
15 | | (iii) the number of reported violations, the number of |
16 | | cease and desist notices issued by the Commission, the |
17 | | number of notices of violations issued to the Department |
18 | | of Revenue, and the number of notices and complaints of |
19 | | violations to law enforcement officials. |
20 | | (Source: P.A. 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; |
21 | | 101-482, eff. 8-23-19; 102-442, eff. 8-20-21; 102-558, eff. |
22 | | 8-20-21; 102-813, eff. 5-13-22.) |
23 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) |
24 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control |
25 | | Commission shall be of the following classes: |
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1 | | (a) Manufacturer's license - Class 1. Distiller, Class 2. |
2 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine |
3 | | Manufacturer, Class 5. Second Class Wine Manufacturer, Class |
4 | | 6. First Class Winemaker, Class 7. Second Class Winemaker, |
5 | | Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller, |
6 | | Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft |
7 | | Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer, |
8 | | Class 14. Class 3 Brewer, Class 15. Class 3 Craft Distiller, |
9 | | (b) Distributor's license, |
10 | | (c) Importing Distributor's license, |
11 | | (d) Retailer's license, |
12 | | (e) Special Event Retailer's license (not-for-profit), |
13 | | (f) Railroad license, |
14 | | (g) Boat license, |
15 | | (h) Non-Beverage User's license, |
16 | | (i) Wine-maker's premises license, |
17 | | (j) Airplane license, |
18 | | (k) Foreign importer's license, |
19 | | (l) Broker's license, |
20 | | (m) Non-resident dealer's license, |
21 | | (n) Brew Pub license, |
22 | | (o) Auction liquor license, |
23 | | (p) Caterer retailer license, |
24 | | (q) Special use permit license, |
25 | | (r) Winery shipper's license, |
26 | | (s) Craft distiller tasting permit, |
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1 | | (t) Brewer warehouse permit, |
2 | | (u) Distilling pub license, |
3 | | (v) Craft distiller warehouse permit, |
4 | | (w) Beer showcase permit , . |
5 | | (x) Spirits showcase permit. |
6 | | No person, firm, partnership, corporation, or other legal |
7 | | business entity that is engaged in the manufacturing of wine |
8 | | may concurrently obtain and hold a wine-maker's license and a |
9 | | wine manufacturer's license. |
10 | | (a) A manufacturer's license shall allow the manufacture, |
11 | | importation in bulk, storage, distribution and sale of |
12 | | alcoholic liquor to persons without the State, as may be |
13 | | permitted by law and to licensees in this State as follows: |
14 | | Class 1. A Distiller may make sales and deliveries of |
15 | | alcoholic liquor to distillers, rectifiers, importing |
16 | | distributors, distributors and non-beverage users and to no |
17 | | other licensees. |
18 | | Class 2. A Rectifier, who is not a distiller, as defined |
19 | | herein, may make sales and deliveries of alcoholic liquor to |
20 | | rectifiers, importing distributors, distributors, retailers |
21 | | and non-beverage users and to no other licensees. |
22 | | Class 3. A Brewer may make sales and deliveries of beer to |
23 | | importing distributors and distributors and may make sales as |
24 | | authorized under subsection (e) of Section 6-4 of this Act, |
25 | | including any alcoholic liquor that subsection (e) of Section |
26 | | 6-4 authorizes a brewer to sell in its original package only to |
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| | HB5504 | - 29 - | LRB103 38154 RPS 68287 b |
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1 | | a non-licensee for pick-up by a non-licensee either within the |
2 | | interior of the brewery premises or at outside of the brewery |
3 | | premises at a curb-side or parking lot adjacent to the brewery |
4 | | premises, subject to any local ordinance. |
5 | | Class 4. A first class wine-manufacturer may make sales |
6 | | and deliveries of up to 50,000 gallons of wine to |
7 | | manufacturers, importing distributors and distributors, and to |
8 | | no other licensees. If a first-class wine-manufacturer |
9 | | manufactures beer, it shall also obtain and shall only be |
10 | | eligible for, in addition to any current license, a class 1 |
11 | | brewer license, shall not manufacture more than 930,000 |
12 | | gallons of beer per year, and shall not be a member of or |
13 | | affiliated with, directly or indirectly, a manufacturer that |
14 | | produces more than 930,000 gallons of beer per year. If the |
15 | | first-class wine-manufacturer manufactures spirits, it shall |
16 | | also obtain and shall only be eligible for, in addition to any |
17 | | current license, a class 1 craft distiller license, shall not |
18 | | manufacture more than 50,000 gallons of spirits per year, and |
19 | | shall not be a member of or affiliated with, directly or |
20 | | indirectly, a manufacturer that produces more than 50,000 |
21 | | gallons of spirits per year. A first-class wine-manufacturer |
22 | | shall be permitted to sell wine manufactured at the |
23 | | first-class wine-manufacturer premises to non-licensees. |
24 | | Class 5. A second class Wine manufacturer may make sales |
25 | | and deliveries of more than 50,000 gallons of wine to |
26 | | manufacturers, importing distributors and distributors and to |
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1 | | no other licensees. |
2 | | Class 6. A first-class wine-maker's license shall allow |
3 | | the manufacture of up to 50,000 gallons of wine per year, and |
4 | | the storage and sale of such wine to distributors in the State |
5 | | and to persons without the State, as may be permitted by law. A |
6 | | person who, prior to June 1, 2008 (the effective date of Public |
7 | | Act 95-634), is a holder of a first-class wine-maker's license |
8 | | and annually produces more than 25,000 gallons of its own wine |
9 | | and who distributes its wine to licensed retailers shall cease |
10 | | this practice on or before July 1, 2008 in compliance with |
11 | | Public Act 95-634. If a first-class wine-maker manufactures |
12 | | beer, it shall also obtain and shall only be eligible for, in |
13 | | addition to any current license, a class 1 brewer license, |
14 | | shall not manufacture more than 930,000 gallons of beer per |
15 | | year, and shall not be a member of or affiliated with, directly |
16 | | or indirectly, a manufacturer that produces more than 930,000 |
17 | | gallons of beer per year. If the first-class wine-maker |
18 | | manufactures spirits, it shall also obtain and shall only be |
19 | | eligible for, in addition to any current license, a class 1 |
20 | | craft distiller license, shall not manufacture more than |
21 | | 50,000 gallons of spirits per year, and shall not be a member |
22 | | of or affiliated with, directly or indirectly, a manufacturer |
23 | | that produces more than 50,000 gallons of spirits per year. A |
24 | | first-class wine-maker holding a class 1 brewer license or a |
25 | | class 1 craft distiller license shall not be eligible for a |
26 | | wine-maker's premises license but shall be permitted to sell |
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| | HB5504 | - 31 - | LRB103 38154 RPS 68287 b |
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1 | | wine manufactured at the first-class wine-maker premises to |
2 | | non-licensees. |
3 | | Class 7. A second-class wine-maker's license shall allow |
4 | | the manufacture of up to 150,000 gallons of wine per year, and |
5 | | the storage and sale of such wine to distributors in this State |
6 | | and to persons without the State, as may be permitted by law. A |
7 | | person who, prior to June 1, 2008 (the effective date of Public |
8 | | Act 95-634), is a holder of a second-class wine-maker's |
9 | | license and annually produces more than 25,000 gallons of its |
10 | | own wine and who distributes its wine to licensed retailers |
11 | | shall cease this practice on or before July 1, 2008 in |
12 | | compliance with Public Act 95-634. If a second-class |
13 | | wine-maker manufactures beer, it shall also obtain and shall |
14 | | only be eligible for, in addition to any current license, a |
15 | | class 2 brewer license, shall not manufacture more than |
16 | | 3,720,000 gallons of beer per year, and shall not be a member |
17 | | of or affiliated with, directly or indirectly, a manufacturer |
18 | | that produces more than 3,720,000 gallons of beer per year. If |
19 | | a second-class wine-maker manufactures spirits, it shall also |
20 | | obtain and shall only be eligible for, in addition to any |
21 | | current license, a class 2 craft distiller license, shall not |
22 | | manufacture more than 100,000 gallons of spirits per year, and |
23 | | shall not be a member of or affiliated with, directly or |
24 | | indirectly, a manufacturer that produces more than 100,000 |
25 | | gallons of spirits per year. |
26 | | Class 8. A limited wine-manufacturer may make sales and |
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1 | | deliveries not to exceed 40,000 gallons of wine per year to |
2 | | distributors, and to non-licensees in accordance with the |
3 | | provisions of this Act. |
4 | | Class 9. A craft distiller license, which may only be held |
5 | | by a class 1 craft distiller licensee or class 2 craft |
6 | | distiller licensee but not held by both a class 1 craft |
7 | | distiller licensee and a class 2 craft distiller licensee, |
8 | | shall grant all rights conveyed by either: (i) a class 1 craft |
9 | | distiller license if the craft distiller holds a class 1 craft |
10 | | distiller license; or (ii) a class 2 craft distiller licensee |
11 | | if the craft distiller holds a class 2 craft distiller |
12 | | license. |
13 | | Class 10. A class 1 craft distiller license, which may |
14 | | only be issued to a licensed craft distiller or licensed |
15 | | non-resident dealer, shall allow the manufacture of up to |
16 | | 50,000 gallons of spirits per year provided that the class 1 |
17 | | craft distiller licensee does not manufacture more than a |
18 | | combined 50,000 gallons of spirits per year and is not a member |
19 | | of or affiliated with, directly or indirectly, a manufacturer |
20 | | that produces more than 50,000 gallons of spirits per year. If |
21 | | a class 1 craft distiller manufactures beer, it shall also |
22 | | obtain and shall only be eligible for, in addition to any |
23 | | current license, a class 1 brewer license, shall not |
24 | | manufacture more than 930,000 gallons of beer per year, and |
25 | | shall not be a member of or affiliated with, directly or |
26 | | indirectly, a manufacturer that produces more than 930,000 |
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| | HB5504 | - 33 - | LRB103 38154 RPS 68287 b |
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1 | | gallons of beer per year. If a class 1 craft distiller |
2 | | manufactures wine, it shall also obtain and shall only be |
3 | | eligible for, in addition to any current license, a |
4 | | first-class wine-manufacturer license or a first-class |
5 | | wine-maker's license, shall not manufacture more than 50,000 |
6 | | gallons of wine per year, and shall not be a member of or |
7 | | affiliated with, directly or indirectly, a manufacturer that |
8 | | produces more than 50,000 gallons of wine per year. A class 1 |
9 | | craft distiller licensee may make sales and deliveries to |
10 | | importing distributors and distributors and to retail |
11 | | licensees in accordance with the conditions set forth in |
12 | | paragraph (19) of subsection (a) of Section 3-12 of this Act. |
13 | | However, the aggregate amount of spirits sold to non-licensees |
14 | | and sold or delivered to retail licensees may not exceed 5,000 |
15 | | gallons per year. |
16 | | A class 1 craft distiller licensee may sell up to 5,000 |
17 | | gallons of such spirits to non-licensees to the extent |
18 | | permitted by any exemption approved by the State Commission |
19 | | pursuant to Section 6-4 of this Act. A class 1 craft distiller |
20 | | license holder may store such spirits at a non-contiguous |
21 | | licensed location, but at no time shall a class 1 craft |
22 | | distiller license holder directly or indirectly produce in the |
23 | | aggregate more than 50,000 gallons of spirits per year. |
24 | | A class 1 craft distiller licensee may hold more than one |
25 | | class 1 craft distiller's license. However, a class 1 craft |
26 | | distiller that holds more than one class 1 craft distiller |
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| | HB5504 | - 34 - | LRB103 38154 RPS 68287 b |
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1 | | license shall not manufacture, in the aggregate, more than |
2 | | 50,000 gallons of spirits by distillation per year and shall |
3 | | not sell, in the aggregate, more than 5,000 gallons of such |
4 | | spirits to non-licensees in accordance with an exemption |
5 | | approved by the State Commission pursuant to Section 6-4 of |
6 | | this Act. |
7 | | Class 11. A class 2 craft distiller license, which may |
8 | | only be issued to a licensed craft distiller or licensed |
9 | | non-resident dealer, shall allow the manufacture of up to |
10 | | 100,000 gallons of spirits per year provided that the class 2 |
11 | | craft distiller licensee does not manufacture more than a |
12 | | combined 100,000 gallons of spirits per year and is not a |
13 | | member of or affiliated with, directly or indirectly, a |
14 | | manufacturer that produces more than 100,000 gallons of |
15 | | spirits per year. If a class 2 craft distiller manufactures |
16 | | beer, it shall also obtain and shall only be eligible for, in |
17 | | addition to any current license, a class 2 brewer license, |
18 | | shall not manufacture more than 3,720,000 gallons of beer per |
19 | | year, and shall not be a member of or affiliated with, directly |
20 | | or indirectly, a manufacturer that produces more than |
21 | | 3,720,000 gallons of beer per year. If a class 2 craft |
22 | | distiller manufactures wine, it shall also obtain and shall |
23 | | only be eligible for, in addition to any current license, a |
24 | | second-class wine-maker's license, shall not manufacture more |
25 | | than 150,000 gallons of wine per year, and shall not be a |
26 | | member of or affiliated with, directly or indirectly, a |
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1 | | manufacturer that produces more than 150,000 gallons of wine |
2 | | per year. A class 2 craft distiller licensee may make sales and |
3 | | deliveries to importing distributors and distributors, but |
4 | | shall not make sales or deliveries to any other licensee. If |
5 | | the State Commission provides prior approval, a class 2 craft |
6 | | distiller licensee may annually transfer up to 100,000 gallons |
7 | | of spirits manufactured by that class 2 craft distiller |
8 | | licensee to the premises of a licensed class 2 craft distiller |
9 | | wholly owned and operated by the same licensee. A class 2 craft |
10 | | distiller may transfer spirits to a distilling pub wholly |
11 | | owned and operated by the class 2 craft distiller subject to |
12 | | the following limitations and restrictions: (i) the transfer |
13 | | shall not annually exceed more than 5,000 gallons; (ii) the |
14 | | annual amount transferred shall reduce the distilling pub's |
15 | | annual permitted production limit; (iii) all spirits |
16 | | transferred shall be subject to Article VIII of this Act; (iv) |
17 | | a written record shall be maintained by the distiller and |
18 | | distilling pub specifying the amount, date of delivery, and |
19 | | receipt of the product by the distilling pub; and (v) the |
20 | | distilling pub shall be located no farther than 80 miles from |
21 | | the class 2 craft distiller's licensed location. |
22 | | A class 2 craft distiller shall, prior to transferring |
23 | | spirits to a distilling pub wholly owned by the class 2 craft |
24 | | distiller, furnish a written notice to the State Commission of |
25 | | intent to transfer spirits setting forth the name and address |
26 | | of the distilling pub and shall annually submit to the State |
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| | HB5504 | - 36 - | LRB103 38154 RPS 68287 b |
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1 | | Commission a verified report identifying the total gallons of |
2 | | spirits transferred to the distilling pub wholly owned by the |
3 | | class 2 craft distiller. |
4 | | A class 2 craft distiller license holder may store such |
5 | | spirits at a non-contiguous licensed location, but at no time |
6 | | shall a class 2 craft distiller license holder directly or |
7 | | indirectly produce in the aggregate more than 100,000 gallons |
8 | | of spirits per year. |
9 | | Class 12. A class 1 brewer license, which may only be |
10 | | issued to a licensed brewer or licensed non-resident dealer, |
11 | | shall allow the manufacture of up to 930,000 gallons of beer |
12 | | per year provided that the class 1 brewer licensee does not |
13 | | manufacture more than a combined 930,000 gallons of beer per |
14 | | year and is not a member of or affiliated with, directly or |
15 | | indirectly, a manufacturer that produces more than 930,000 |
16 | | gallons of beer per year. If a class 1 brewer manufactures |
17 | | spirits, it shall also obtain and shall only be eligible for, |
18 | | in addition to any current license, a class 1 craft distiller |
19 | | license, shall not manufacture more than 50,000 gallons of |
20 | | spirits per year, and shall not be a member of or affiliated |
21 | | with, directly or indirectly, a manufacturer that produces |
22 | | more than 50,000 gallons of spirits per year. If a class 1 |
23 | | craft brewer manufactures wine, it shall also obtain and shall |
24 | | only be eligible for, in addition to any current license, a |
25 | | first-class wine-manufacturer license or a first-class |
26 | | wine-maker's license, shall not manufacture more than 50,000 |
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| | HB5504 | - 37 - | LRB103 38154 RPS 68287 b |
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1 | | gallons of wine per year, and shall not be a member of or |
2 | | affiliated with, directly or indirectly, a manufacturer that |
3 | | produces more than 50,000 gallons of wine per year. A class 1 |
4 | | brewer licensee may make sales and deliveries to importing |
5 | | distributors and distributors and to retail licensees in |
6 | | accordance with the conditions set forth in paragraph (18) of |
7 | | subsection (a) of Section 3-12 of this Act. If the State |
8 | | Commission provides prior approval, a class 1 brewer may |
9 | | annually transfer up to 930,000 gallons of beer manufactured |
10 | | by that class 1 brewer to the premises of a licensed class 1 |
11 | | brewer wholly owned and operated by the same licensee. |
12 | | Class 13. A class 2 brewer license, which may only be |
13 | | issued to a licensed brewer or licensed non-resident dealer, |
14 | | shall allow the manufacture of up to 3,720,000 gallons of beer |
15 | | per year provided that the class 2 brewer licensee does not |
16 | | manufacture more than a combined 3,720,000 gallons of beer per |
17 | | year and is not a member of or affiliated with, directly or |
18 | | indirectly, a manufacturer that produces more than 3,720,000 |
19 | | gallons of beer per year. If a class 2 brewer manufactures |
20 | | spirits, it shall also obtain and shall only be eligible for, |
21 | | in addition to any current license, a class 2 craft distiller |
22 | | license, shall not manufacture more than 100,000 gallons of |
23 | | spirits per year, and shall not be a member of or affiliated |
24 | | with, directly or indirectly, a manufacturer that produces |
25 | | more than 100,000 gallons of spirits per year. If a class 2 |
26 | | craft distiller manufactures wine, it shall also obtain and |
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| | HB5504 | - 38 - | LRB103 38154 RPS 68287 b |
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1 | | shall only be eligible for, in addition to any current |
2 | | license, a second-class wine-maker's license, shall not |
3 | | manufacture more than 150,000 gallons of wine per year, and |
4 | | shall not be a member of or affiliated with, directly or |
5 | | indirectly, a manufacturer that produces more than 150,000 |
6 | | gallons of wine a year. A class 2 brewer licensee may make |
7 | | sales and deliveries to importing distributors and |
8 | | distributors, but shall not make sales or deliveries to any |
9 | | other licensee. If the State Commission provides prior |
10 | | approval, a class 2 brewer licensee may annually transfer up |
11 | | to 3,720,000 gallons of beer manufactured by that class 2 |
12 | | brewer licensee to the premises of a licensed class 2 brewer |
13 | | wholly owned and operated by the same licensee. |
14 | | A class 2 brewer may transfer beer to a brew pub wholly |
15 | | owned and operated by the class 2 brewer subject to the |
16 | | following limitations and restrictions: (i) the transfer shall |
17 | | not annually exceed more than 31,000 gallons; (ii) the annual |
18 | | amount transferred shall reduce the brew pub's annual |
19 | | permitted production limit; (iii) all beer transferred shall |
20 | | be subject to Article VIII of this Act; (iv) a written record |
21 | | shall be maintained by the brewer and brew pub specifying the |
22 | | amount, date of delivery, and receipt of the product by the |
23 | | brew pub; and (v) the brew pub shall be located no farther than |
24 | | 80 miles from the class 2 brewer's licensed location. |
25 | | A class 2 brewer shall, prior to transferring beer to a |
26 | | brew pub wholly owned by the class 2 brewer, furnish a written |
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| | HB5504 | - 39 - | LRB103 38154 RPS 68287 b |
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1 | | notice to the State Commission of intent to transfer beer |
2 | | setting forth the name and address of the brew pub and shall |
3 | | annually submit to the State Commission a verified report |
4 | | identifying the total gallons of beer transferred to the brew |
5 | | pub wholly owned by the class 2 brewer. |
6 | | Class 14. A class 3 brewer license, which may be issued to |
7 | | a brewer or a non-resident dealer, shall allow the manufacture |
8 | | of no more than 465,000 gallons of beer per year and no more |
9 | | than 155,000 gallons at a single brewery premises, and shall |
10 | | allow the sale of no more than 6,200 gallons of beer from each |
11 | | in-state or out-of-state class 3 brewery premises, or 18,600 |
12 | | gallons in the aggregate, to retail licensees, class 1 |
13 | | brewers, class 2 brewers, and class 3 brewers as long as the |
14 | | class 3 brewer licensee does not manufacture more than a |
15 | | combined 465,000 gallons of beer per year and is not a member |
16 | | of or affiliated with, directly or indirectly, a manufacturer |
17 | | that produces more than 465,000 gallons of beer per year to |
18 | | make sales to importing distributors, distributors, retail |
19 | | licensees, brewers, class 1 brewers, class 2 brewers, and |
20 | | class 3 brewers in accordance with the conditions set forth in |
21 | | paragraph (20) of subsection (a) of Section 3-12. If the State |
22 | | Commission provides prior approval, a class 3 brewer may |
23 | | annually transfer up to 155,000 gallons of beer manufactured |
24 | | by that class 3 brewer to the premises of a licensed class 3 |
25 | | brewer wholly owned and operated by the same licensee. A class |
26 | | 3 brewer shall manufacture beer at the brewer's class 3 |
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| | HB5504 | - 40 - | LRB103 38154 RPS 68287 b |
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1 | | designated licensed premises, and may sell beer as otherwise |
2 | | provided in this Act. |
3 | | Class 15. A class 3 craft distiller license, which may be |
4 | | issued to a distiller or a non-resident dealer, shall allow |
5 | | the manufacture of no more than 100,000 gallons of spirits per |
6 | | year and shall allow the sale of no more than 5,000 gallons of |
7 | | spirits in the aggregate from the class 3 craft distiller's |
8 | | in-state or out-of-state class 3 craft distillery premises to |
9 | | retail licensees, class 3 brewers, and class 3 craft |
10 | | distillers as long as the class 3 craft distiller licensee |
11 | | does not manufacture more than a combined 100,000 gallons of |
12 | | spirits per year and is not a member of or affiliated with, |
13 | | directly or indirectly, a manufacturer that produces more than |
14 | | 100,000 gallons of spirits per year and to make sales to |
15 | | importing distributors, distributors, retail licensees, class |
16 | | 3 brewers, and class 3 craft distillers in accordance with the |
17 | | conditions set forth in paragraph (21) of subsection (a) of |
18 | | Section 3-12. If the State Commission provides prior approval, |
19 | | a class 3 craft distiller may annually transfer up to 5,000 |
20 | | gallons of spirits manufactured by that class 3 craft |
21 | | distiller to the premises of a licensed class 3 craft |
22 | | distiller wholly owned and operated by the same licensee. A |
23 | | class 3 craft distiller shall manufacture spirits at the |
24 | | distiller's class 3 designated licensed premises and may sell |
25 | | spirits as otherwise provided in this Act. |
26 | | (a-1) A manufacturer which is licensed in this State to |
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| | HB5504 | - 41 - | LRB103 38154 RPS 68287 b |
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1 | | make sales or deliveries of alcoholic liquor to licensed |
2 | | distributors or importing distributors and which enlists |
3 | | agents, representatives, or individuals acting on its behalf |
4 | | who contact licensed retailers on a regular and continual |
5 | | basis in this State must register those agents, |
6 | | representatives, or persons acting on its behalf with the |
7 | | State Commission. |
8 | | Registration of agents, representatives, or persons acting |
9 | | on behalf of a manufacturer is fulfilled by submitting a form |
10 | | to the Commission. The form shall be developed by the |
11 | | Commission and shall include the name and address of the |
12 | | applicant, the name and address of the manufacturer he or she |
13 | | represents, the territory or areas assigned to sell to or |
14 | | discuss pricing terms of alcoholic liquor, and any other |
15 | | questions deemed appropriate and necessary. All statements in |
16 | | the forms required to be made by law or by rule shall be deemed |
17 | | material, and any person who knowingly misstates any material |
18 | | fact under oath in an application is guilty of a Class B |
19 | | misdemeanor. Fraud, misrepresentation, false statements, |
20 | | misleading statements, evasions, or suppression of material |
21 | | facts in the securing of a registration are grounds for |
22 | | suspension or revocation of the registration. The State |
23 | | Commission shall post a list of registered agents on the |
24 | | Commission's website. |
25 | | (b) A distributor's license shall allow (i) the wholesale |
26 | | purchase and storage of alcoholic liquors and sale of |
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| | HB5504 | - 42 - | LRB103 38154 RPS 68287 b |
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1 | | alcoholic liquors to licensees in this State and to persons |
2 | | without the State, as may be permitted by law; (ii) the sale of |
3 | | beer, cider, mead, or any combination thereof to brewers, |
4 | | class 1 brewers, and class 2 brewers that, pursuant to |
5 | | subsection (e) of Section 6-4 of this Act, sell beer, cider, |
6 | | mead, or any combination thereof to non-licensees at their |
7 | | breweries; (iii) the sale of vermouth to class 1 craft |
8 | | distillers and class 2 craft distillers that, pursuant to |
9 | | subsection (e) of Section 6-4 of this Act, sell spirits, |
10 | | vermouth, or both spirits and vermouth to non-licensees at |
11 | | their distilleries; or (iv) as otherwise provided in this Act. |
12 | | No person licensed as a distributor shall be granted a |
13 | | non-resident dealer's license. |
14 | | (c) An importing distributor's license may be issued to |
15 | | and held by those only who are duly licensed distributors, |
16 | | upon the filing of an application by a duly licensed |
17 | | distributor, with the Commission and the Commission shall, |
18 | | without the payment of any fee, immediately issue such |
19 | | importing distributor's license to the applicant, which shall |
20 | | allow the importation of alcoholic liquor by the licensee into |
21 | | this State from any point in the United States outside this |
22 | | State, and the purchase of alcoholic liquor in barrels, casks |
23 | | or other bulk containers and the bottling of such alcoholic |
24 | | liquors before resale thereof, but all bottles or containers |
25 | | so filled shall be sealed, labeled, stamped and otherwise made |
26 | | to comply with all provisions, rules and regulations governing |
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| | HB5504 | - 43 - | LRB103 38154 RPS 68287 b |
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1 | | manufacturers in the preparation and bottling of alcoholic |
2 | | liquors. The importing distributor's license shall permit such |
3 | | licensee to purchase alcoholic liquor from Illinois licensed |
4 | | non-resident dealers and foreign importers only. No person |
5 | | licensed as an importing distributor shall be granted a |
6 | | non-resident dealer's license. |
7 | | (d) A retailer's license shall allow the licensee to sell |
8 | | and offer for sale at retail, only in the premises specified in |
9 | | the license, alcoholic liquor for use or consumption, but not |
10 | | for resale in any form. Except as provided in Section 6-16, |
11 | | 6-29, or 6-29.1, nothing in this Act shall deny, limit, |
12 | | remove, or restrict the ability of a holder of a retailer's |
13 | | license to transfer or ship alcoholic liquor to the purchaser |
14 | | for use or consumption subject to any applicable local law or |
15 | | ordinance. For the purposes of this Section, "shipping" means |
16 | | the movement of alcoholic liquor from a licensed retailer to a |
17 | | consumer via a common carrier. Except as provided in Section |
18 | | 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, |
19 | | remove, or restrict the ability of a holder of a retailer's |
20 | | license to deliver alcoholic liquor to the purchaser for use |
21 | | or consumption. The delivery shall be made only within 12 |
22 | | hours from the time the alcoholic liquor leaves the licensed |
23 | | premises of the retailer for delivery. For the purposes of |
24 | | this Section, "delivery" means the movement of alcoholic |
25 | | liquor purchased from a licensed retailer to a consumer |
26 | | through the following methods: |
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| | HB5504 | - 44 - | LRB103 38154 RPS 68287 b |
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1 | | (1) delivery within licensed retailer's parking lot, |
2 | | including curbside, for pickup by the consumer; |
3 | | (2) delivery by an owner, officer, director, |
4 | | shareholder, or employee of the licensed retailer; or |
5 | | (3) delivery by a third-party contractor, independent |
6 | | contractor, or agent with whom the licensed retailer has |
7 | | contracted to make deliveries of alcoholic liquors. |
8 | | Under subsection (1), (2), or (3), delivery shall not |
9 | | include the use of common carriers. |
10 | | Any retail license issued to a manufacturer shall only |
11 | | permit the manufacturer to sell beer at retail on the premises |
12 | | actually occupied by the manufacturer. For the purpose of |
13 | | further describing the type of business conducted at a retail |
14 | | licensed premises, a retailer's licensee may be designated by |
15 | | the State Commission as (i) an on premise consumption |
16 | | retailer, (ii) an off premise sale retailer, or (iii) a |
17 | | combined on premise consumption and off premise sale retailer. |
18 | | Except for a municipality with a population of more than |
19 | | 1,000,000 inhabitants, a home rule unit may not regulate the |
20 | | delivery of alcoholic liquor inconsistent with this |
21 | | subsection. This paragraph is a limitation under subsection |
22 | | (i) of Section 6 of Article VII of the Illinois Constitution on |
23 | | the concurrent exercise by home rule units of powers and |
24 | | functions exercised by the State. A non-home rule municipality |
25 | | may not regulate the delivery of alcoholic liquor inconsistent |
26 | | with this subsection. |
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| | HB5504 | - 45 - | LRB103 38154 RPS 68287 b |
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1 | | Notwithstanding any other provision of this subsection |
2 | | (d), a retail licensee may sell alcoholic liquors to a special |
3 | | event retailer licensee for resale to the extent permitted |
4 | | under subsection (e). |
5 | | (e) A special event retailer's license (not-for-profit) |
6 | | shall permit the licensee to purchase alcoholic liquors from |
7 | | an Illinois licensed distributor (unless the licensee |
8 | | purchases less than $500 of alcoholic liquors for the special |
9 | | event, in which case the licensee may purchase the alcoholic |
10 | | liquors from a licensed retailer) and shall allow the licensee |
11 | | to sell and offer for sale, at retail, alcoholic liquors for |
12 | | use or consumption, but not for resale in any form and only at |
13 | | the location and on the specific dates designated for the |
14 | | special event in the license. An applicant for a special event |
15 | | retailer license must (i) furnish with the application: (A) a |
16 | | resale number issued under Section 2c of the Retailers' |
17 | | Occupation Tax Act or evidence that the applicant is |
18 | | registered under Section 2a of the Retailers' Occupation Tax |
19 | | Act, (B) a current, valid exemption identification number |
20 | | issued under Section 1g of the Retailers' Occupation Tax Act, |
21 | | and a certification to the Commission that the purchase of |
22 | | alcoholic liquors will be a tax-exempt purchase, or (C) a |
23 | | statement that the applicant is not registered under Section |
24 | | 2a of the Retailers' Occupation Tax Act, does not hold a resale |
25 | | number under Section 2c of the Retailers' Occupation Tax Act, |
26 | | and does not hold an exemption number under Section 1g of the |
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| | HB5504 | - 46 - | LRB103 38154 RPS 68287 b |
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1 | | Retailers' Occupation Tax Act, in which event the Commission |
2 | | shall set forth on the special event retailer's license a |
3 | | statement to that effect; (ii) submit with the application |
4 | | proof satisfactory to the State Commission that the applicant |
5 | | will provide dram shop liability insurance in the maximum |
6 | | limits; and (iii) show proof satisfactory to the State |
7 | | Commission that the applicant has obtained local authority |
8 | | approval. |
9 | | Nothing in this Act prohibits an Illinois licensed |
10 | | distributor from offering credit or a refund for unused, |
11 | | salable alcoholic liquors to a holder of a special event |
12 | | retailer's license or the special event retailer's licensee |
13 | | from accepting the credit or refund of alcoholic liquors at |
14 | | the conclusion of the event specified in the license. |
15 | | (f) A railroad license shall permit the licensee to import |
16 | | alcoholic liquors into this State from any point in the United |
17 | | States outside this State and to store such alcoholic liquors |
18 | | in this State; to make wholesale purchases of alcoholic |
19 | | liquors directly from manufacturers, foreign importers, |
20 | | distributors and importing distributors from within or outside |
21 | | this State; and to store such alcoholic liquors in this State; |
22 | | provided that the above powers may be exercised only in |
23 | | connection with the importation, purchase or storage of |
24 | | alcoholic liquors to be sold or dispensed on a club, buffet, |
25 | | lounge or dining car operated on an electric, gas or steam |
26 | | railway in this State; and provided further, that railroad |
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| | HB5504 | - 47 - | LRB103 38154 RPS 68287 b |
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1 | | licensees exercising the above powers shall be subject to all |
2 | | provisions of Article VIII of this Act as applied to importing |
3 | | distributors. A railroad license shall also permit the |
4 | | licensee to sell or dispense alcoholic liquors on any club, |
5 | | buffet, lounge or dining car operated on an electric, gas or |
6 | | steam railway regularly operated by a common carrier in this |
7 | | State, but shall not permit the sale for resale of any |
8 | | alcoholic liquors to any licensee within this State. A license |
9 | | shall be obtained for each car in which such sales are made. |
10 | | (g) A boat license shall allow the sale of alcoholic |
11 | | liquor in individual drinks, on any passenger boat regularly |
12 | | operated as a common carrier on navigable waters in this State |
13 | | or on any riverboat operated under the Illinois Gambling Act, |
14 | | which boat or riverboat maintains a public dining room or |
15 | | restaurant thereon. |
16 | | (h) A non-beverage user's license shall allow the licensee |
17 | | to purchase alcoholic liquor from a licensed manufacturer or |
18 | | importing distributor, without the imposition of any tax upon |
19 | | the business of such licensed manufacturer or importing |
20 | | distributor as to such alcoholic liquor to be used by such |
21 | | licensee solely for the non-beverage purposes set forth in |
22 | | subsection (a) of Section 8-1 of this Act, and such licenses |
23 | | shall be divided and classified and shall permit the purchase, |
24 | | possession and use of limited and stated quantities of |
25 | | alcoholic liquor as follows: |
26 | | Class 1, not to exceed ......................... 500 gallons
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1 | | Class 2, not to exceed ....................... 1,000 gallons
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2 | | Class 3, not to exceed ....................... 5,000 gallons
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3 | | Class 4, not to exceed ...................... 10,000 gallons
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4 | | Class 5, not to exceed ....................... 50,000 gallons |
5 | | (i) A wine-maker's premises license shall allow a licensee |
6 | | that concurrently holds a first-class wine-maker's license to |
7 | | sell and offer for sale at retail in the premises specified in |
8 | | such license not more than 50,000 gallons of the first-class |
9 | | wine-maker's wine that is made at the first-class wine-maker's |
10 | | licensed premises per year for use or consumption, but not for |
11 | | resale in any form. A wine-maker's premises license shall |
12 | | allow a licensee who concurrently holds a second-class |
13 | | wine-maker's license to sell and offer for sale at retail in |
14 | | the premises specified in such license up to 100,000 gallons |
15 | | of the second-class wine-maker's wine that is made at the |
16 | | second-class wine-maker's licensed premises per year for use |
17 | | or consumption but not for resale in any form. A first-class |
18 | | wine-maker that concurrently holds a class 1 brewer license or |
19 | | a class 1 craft distiller license shall not be eligible to hold |
20 | | a wine-maker's premises license. A wine-maker's premises |
21 | | license shall allow a licensee that concurrently holds a |
22 | | first-class wine-maker's license or a second-class |
23 | | wine-maker's license to sell and offer for sale at retail at |
24 | | the premises specified in the wine-maker's premises license, |
25 | | for use or consumption but not for resale in any form, any |
26 | | beer, wine, and spirits purchased from a licensed distributor. |
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| | HB5504 | - 49 - | LRB103 38154 RPS 68287 b |
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1 | | Upon approval from the State Commission, a wine-maker's |
2 | | premises license shall allow the licensee to sell and offer |
3 | | for sale at (i) the wine-maker's licensed premises and (ii) at |
4 | | up to 2 additional locations for use and consumption and not |
5 | | for resale. Each location shall require additional licensing |
6 | | per location as specified in Section 5-3 of this Act. A |
7 | | wine-maker's premises licensee shall secure liquor liability |
8 | | insurance coverage in an amount at least equal to the maximum |
9 | | liability amounts set forth in subsection (a) of Section 6-21 |
10 | | of this Act. |
11 | | (j) An airplane license shall permit the licensee to |
12 | | import alcoholic liquors into this State from any point in the |
13 | | United States outside this State and to store such alcoholic |
14 | | liquors in this State; to make wholesale purchases of |
15 | | alcoholic liquors directly from manufacturers, foreign |
16 | | importers, distributors and importing distributors from within |
17 | | or outside this State; and to store such alcoholic liquors in |
18 | | this State; provided that the above powers may be exercised |
19 | | only in connection with the importation, purchase or storage |
20 | | of alcoholic liquors to be sold or dispensed on an airplane; |
21 | | and provided further, that airplane licensees exercising the |
22 | | above powers shall be subject to all provisions of Article |
23 | | VIII of this Act as applied to importing distributors. An |
24 | | airplane licensee shall also permit the sale or dispensing of |
25 | | alcoholic liquors on any passenger airplane regularly operated |
26 | | by a common carrier in this State, but shall not permit the |
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| | HB5504 | - 50 - | LRB103 38154 RPS 68287 b |
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1 | | sale for resale of any alcoholic liquors to any licensee |
2 | | within this State. A single airplane license shall be required |
3 | | of an airline company if liquor service is provided on board |
4 | | aircraft in this State. The annual fee for such license shall |
5 | | be as determined in Section 5-3. |
6 | | (k) A foreign importer's license shall permit such |
7 | | licensee to purchase alcoholic liquor from Illinois licensed |
8 | | non-resident dealers only, and to import alcoholic liquor |
9 | | other than in bulk from any point outside the United States and |
10 | | to sell such alcoholic liquor to Illinois licensed importing |
11 | | distributors and to no one else in Illinois; provided that (i) |
12 | | the foreign importer registers with the State Commission every |
13 | | brand of alcoholic liquor that it proposes to sell to Illinois |
14 | | licensees during the license period, (ii) the foreign importer |
15 | | complies with all of the provisions of Section 6-9 of this Act |
16 | | with respect to registration of such Illinois licensees as may |
17 | | be granted the right to sell such brands at wholesale, and |
18 | | (iii) the foreign importer complies with the provisions of |
19 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
20 | | provisions apply to manufacturers. |
21 | | (l) (i) A broker's license shall be required of all |
22 | | persons who solicit orders for, offer to sell or offer to |
23 | | supply alcoholic liquor to retailers in the State of Illinois, |
24 | | or who offer to retailers to ship or cause to be shipped or to |
25 | | make contact with distillers, craft distillers, rectifiers, |
26 | | brewers or manufacturers or any other party within or without |
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1 | | the State of Illinois in order that alcoholic liquors be |
2 | | shipped to a distributor, importing distributor or foreign |
3 | | importer, whether such solicitation or offer is consummated |
4 | | within or without the State of Illinois. |
5 | | No holder of a retailer's license issued by the Illinois |
6 | | Liquor Control Commission shall purchase or receive any |
7 | | alcoholic liquor, the order for which was solicited or offered |
8 | | for sale to such retailer by a broker unless the broker is the |
9 | | holder of a valid broker's license. |
10 | | The broker shall, upon the acceptance by a retailer of the |
11 | | broker's solicitation of an order or offer to sell or supply or |
12 | | deliver or have delivered alcoholic liquors, promptly forward |
13 | | to the Illinois Liquor Control Commission a notification of |
14 | | said transaction in such form as the Commission may by |
15 | | regulations prescribe. |
16 | | (ii) A broker's license shall be required of a person |
17 | | within this State, other than a retail licensee, who, for a fee |
18 | | or commission, promotes, solicits, or accepts orders for |
19 | | alcoholic liquor, for use or consumption and not for resale, |
20 | | to be shipped from this State and delivered to residents |
21 | | outside of this State by an express company, common carrier, |
22 | | or contract carrier. This Section does not apply to any person |
23 | | who promotes, solicits, or accepts orders for wine as |
24 | | specifically authorized in Section 6-29 of this Act. |
25 | | A broker's license under this subsection (l) shall not |
26 | | entitle the holder to buy or sell any alcoholic liquors for his |
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| | HB5504 | - 52 - | LRB103 38154 RPS 68287 b |
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1 | | own account or to take or deliver title to such alcoholic |
2 | | liquors. |
3 | | This subsection (l) shall not apply to distributors, |
4 | | employees of distributors, or employees of a manufacturer who |
5 | | has registered the trademark, brand or name of the alcoholic |
6 | | liquor pursuant to Section 6-9 of this Act, and who regularly |
7 | | sells such alcoholic liquor in the State of Illinois only to |
8 | | its registrants thereunder. |
9 | | Any agent, representative, or person subject to |
10 | | registration pursuant to subsection (a-1) of this Section |
11 | | shall not be eligible to receive a broker's license. |
12 | | (m) A non-resident dealer's license shall permit such |
13 | | licensee to ship into and warehouse alcoholic liquor into this |
14 | | State from any point outside of this State, and to sell such |
15 | | alcoholic liquor to Illinois licensed foreign importers and |
16 | | importing distributors and to no one else in this State; |
17 | | provided that (i) said non-resident dealer shall register with |
18 | | the Illinois Liquor Control Commission each and every brand of |
19 | | alcoholic liquor which it proposes to sell to Illinois |
20 | | licensees during the license period, (ii) it shall comply with |
21 | | all of the provisions of Section 6-9 hereof with respect to |
22 | | registration of such Illinois licensees as may be granted the |
23 | | right to sell such brands at wholesale by duly filing such |
24 | | registration statement, thereby authorizing the non-resident |
25 | | dealer to proceed to sell such brands at wholesale, and (iii) |
26 | | the non-resident dealer shall comply with the provisions of |
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| | HB5504 | - 53 - | LRB103 38154 RPS 68287 b |
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1 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
2 | | provisions apply to manufacturers. No person licensed as a |
3 | | non-resident dealer shall be granted a distributor's or |
4 | | importing distributor's license. |
5 | | (n) A brew pub license shall allow the licensee to only (i) |
6 | | manufacture up to 155,000 gallons of beer per year only on the |
7 | | premises specified in the license, (ii) make sales of the beer |
8 | | manufactured on the premises or, with the approval of the |
9 | | Commission, beer manufactured on another brew pub licensed |
10 | | premises that is wholly owned and operated by the same |
11 | | licensee to importing distributors, distributors, and to |
12 | | non-licensees for use and consumption, (iii) store the beer |
13 | | upon the premises, (iv) sell and offer for sale at retail from |
14 | | the licensed premises for off-premises consumption no more |
15 | | than 155,000 gallons per year so long as such sales are only |
16 | | made in-person, (v) sell and offer for sale at retail for use |
17 | | and consumption on the premises specified in the license any |
18 | | form of alcoholic liquor purchased from a licensed distributor |
19 | | or importing distributor, (vi) with the prior approval of the |
20 | | Commission, annually transfer no more than 155,000 gallons of |
21 | | beer manufactured on the premises to a licensed brew pub |
22 | | wholly owned and operated by the same licensee, and (vii) |
23 | | notwithstanding item (i) of this subsection, brew pubs wholly |
24 | | owned and operated by the same licensee may combine each |
25 | | location's production limit of 155,000 gallons of beer per |
26 | | year and allocate the aggregate total between the wholly |
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| | HB5504 | - 54 - | LRB103 38154 RPS 68287 b |
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1 | | owned, operated, and licensed locations. |
2 | | A brew pub licensee shall not under any circumstance sell |
3 | | or offer for sale beer manufactured by the brew pub licensee to |
4 | | retail licensees. |
5 | | A person who holds a class 2 brewer license may |
6 | | simultaneously hold a brew pub license if the class 2 brewer |
7 | | (i) does not, under any circumstance, sell or offer for sale |
8 | | beer manufactured by the class 2 brewer to retail licensees; |
9 | | (ii) does not hold more than 3 brew pub licenses in this State; |
10 | | (iii) does not manufacture more than a combined 3,720,000 |
11 | | gallons of beer per year, including the beer manufactured at |
12 | | the brew pub; and (iv) is not a member of or affiliated with, |
13 | | directly or indirectly, a manufacturer that produces more than |
14 | | 3,720,000 gallons of beer per year or any other alcoholic |
15 | | liquor. |
16 | | Notwithstanding any other provision of this Act, a |
17 | | licensed brewer, class 2 brewer, or non-resident dealer who |
18 | | before July 1, 2015 manufactured less than 3,720,000 gallons |
19 | | of beer per year and held a brew pub license on or before July |
20 | | 1, 2015 may (i) continue to qualify for and hold that brew pub |
21 | | license for the licensed premises and (ii) manufacture more |
22 | | than 3,720,000 gallons of beer per year and continue to |
23 | | qualify for and hold that brew pub license if that brewer, |
24 | | class 2 brewer, or non-resident dealer does not simultaneously |
25 | | hold a class 1 brewer license and is not a member of or |
26 | | affiliated with, directly or indirectly, a manufacturer that |
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| | HB5504 | - 55 - | LRB103 38154 RPS 68287 b |
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1 | | produces more than 3,720,000 gallons of beer per year or that |
2 | | produces any other alcoholic liquor. |
3 | | A brew pub licensee may apply for a class 3 brewer license |
4 | | and, upon meeting all applicable qualifications of this Act |
5 | | and relinquishing all commonly owned brew pub or retail |
6 | | licenses, shall be issued a class 3 brewer license. Nothing in |
7 | | this Act shall prohibit the issuance of a class 3 brewer |
8 | | license if the applicant: |
9 | | (1) has a valid retail license on or before May 1, |
10 | | 2021; |
11 | | (2) has an ownership interest in at least two brew |
12 | | pubs licenses on or before May 1, 2021; |
13 | | (3) the brew pub licensee applies for a class 3 brewer |
14 | | license on or before October 1, 2022 and relinquishes all |
15 | | commonly owned brew pub licenses; and |
16 | | (4) relinquishes all commonly owned retail licenses on |
17 | | or before December 31, 2022. |
18 | | If a brew pub licensee is issued a class 3 brewer license, |
19 | | the class 3 brewer license shall expire on the same date as the |
20 | | existing brew pub license and the State Commission shall not |
21 | | require a class 3 brewer licensee to obtain a brewer license, |
22 | | or in the alternative to pay a fee for a brewer license, until |
23 | | the date the brew pub license of the applicant would have |
24 | | expired. |
25 | | (o) A caterer retailer license shall allow the holder to |
26 | | serve alcoholic liquors as an incidental part of a food |
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| | HB5504 | - 56 - | LRB103 38154 RPS 68287 b |
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1 | | service that serves prepared meals which excludes the serving |
2 | | of snacks as the primary meal, either on or off-site whether |
3 | | licensed or unlicensed. A caterer retailer license shall allow |
4 | | the holder, a distributor, or an importing distributor to |
5 | | transfer any inventory to and from the holder's retail |
6 | | premises and shall allow the holder to purchase alcoholic |
7 | | liquor from a distributor or importing distributor to be |
8 | | delivered directly to an off-site event. |
9 | | Nothing in this Act prohibits a distributor or importing |
10 | | distributor from offering credit or a refund for unused, |
11 | | salable beer to a holder of a caterer retailer license or a |
12 | | caterer retailer licensee from accepting a credit or refund |
13 | | for unused, salable beer, in the event an act of God is the |
14 | | sole reason an off-site event is cancelled and if: (i) the |
15 | | holder of a caterer retailer license has not transferred |
16 | | alcoholic liquor from its caterer retailer premises to an |
17 | | off-site location; (ii) the distributor or importing |
18 | | distributor offers the credit or refund for the unused, |
19 | | salable beer that it delivered to the off-site premises and |
20 | | not for any unused, salable beer that the distributor or |
21 | | importing distributor delivered to the caterer retailer's |
22 | | premises; and (iii) the unused, salable beer would likely |
23 | | spoil if transferred to the caterer retailer's premises. A |
24 | | caterer retailer license shall allow the holder to transfer |
25 | | any inventory from any off-site location to its caterer |
26 | | retailer premises at the conclusion of an off-site event or |
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| | HB5504 | - 57 - | LRB103 38154 RPS 68287 b |
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1 | | engage a distributor or importing distributor to transfer any |
2 | | inventory from any off-site location to its caterer retailer |
3 | | premises at the conclusion of an off-site event, provided that |
4 | | the distributor or importing distributor issues bona fide |
5 | | charges to the caterer retailer licensee for fuel, labor, and |
6 | | delivery and the distributor or importing distributor collects |
7 | | payment from the caterer retailer licensee prior to the |
8 | | distributor or importing distributor transferring inventory to |
9 | | the caterer retailer premises. |
10 | | For purposes of this subsection (o), an "act of God" means |
11 | | an unforeseeable event, such as a rain or snow storm, hail, a |
12 | | flood, or a similar event, that is the sole cause of the |
13 | | cancellation of an off-site, outdoor event. |
14 | | (p) An auction liquor license shall allow the licensee to |
15 | | sell and offer for sale at auction wine and spirits for use or |
16 | | consumption, or for resale by an Illinois liquor licensee in |
17 | | accordance with provisions of this Act. An auction liquor |
18 | | license will be issued to a person and it will permit the |
19 | | auction liquor licensee to hold the auction anywhere in the |
20 | | State. An auction liquor license must be obtained for each |
21 | | auction at least 14 days in advance of the auction date. |
22 | | (q) A special use permit license shall allow an Illinois |
23 | | licensed retailer to transfer a portion of its alcoholic |
24 | | liquor inventory from its retail licensed premises to the |
25 | | premises specified in the license hereby created; to purchase |
26 | | alcoholic liquor from a distributor or importing distributor |
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| | HB5504 | - 58 - | LRB103 38154 RPS 68287 b |
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1 | | to be delivered directly to the location specified in the |
2 | | license hereby created; and to sell or offer for sale at |
3 | | retail, only in the premises specified in the license hereby |
4 | | created, the transferred or delivered alcoholic liquor for use |
5 | | or consumption, but not for resale in any form. A special use |
6 | | permit license may be granted for the following time periods: |
7 | | one day or less; 2 or more days to a maximum of 15 days per |
8 | | location in any 12-month period. An applicant for the special |
9 | | use permit license must also submit with the application proof |
10 | | satisfactory to the State Commission that the applicant will |
11 | | provide dram shop liability insurance to the maximum limits |
12 | | and have local authority approval. |
13 | | A special use permit license shall allow the holder to |
14 | | transfer any inventory from the holder's special use premises |
15 | | to its retail premises at the conclusion of the special use |
16 | | event or engage a distributor or importing distributor to |
17 | | transfer any inventory from the holder's special use premises |
18 | | to its retail premises at the conclusion of an off-site event, |
19 | | provided that the distributor or importing distributor issues |
20 | | bona fide charges to the special use permit licensee for fuel, |
21 | | labor, and delivery and the distributor or importing |
22 | | distributor collects payment from the retail licensee prior to |
23 | | the distributor or importing distributor transferring |
24 | | inventory to the retail premises. |
25 | | Nothing in this Act prohibits a distributor or importing |
26 | | distributor from offering credit or a refund for unused, |
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| | HB5504 | - 59 - | LRB103 38154 RPS 68287 b |
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1 | | salable beer to a special use permit licensee or a special use |
2 | | permit licensee from accepting a credit or refund for unused, |
3 | | salable beer at the conclusion of the event specified in the |
4 | | license if: (i) the holder of the special use permit license |
5 | | has not transferred alcoholic liquor from its retail licensed |
6 | | premises to the premises specified in the special use permit |
7 | | license; (ii) the distributor or importing distributor offers |
8 | | the credit or refund for the unused, salable beer that it |
9 | | delivered to the premises specified in the special use permit |
10 | | license and not for any unused, salable beer that the |
11 | | distributor or importing distributor delivered to the |
12 | | retailer's premises; and (iii) the unused, salable beer would |
13 | | likely spoil if transferred to the retailer premises. |
14 | | (r) A winery shipper's license shall allow a person with a |
15 | | first-class or second-class wine manufacturer's license, a |
16 | | first-class or second-class wine-maker's license, or a limited |
17 | | wine manufacturer's license or who is licensed to make wine |
18 | | under the laws of another state to ship wine made by that |
19 | | licensee directly to a resident of this State who is 21 years |
20 | | of age or older for that resident's personal use and not for |
21 | | resale. Prior to receiving a winery shipper's license, an |
22 | | applicant for the license must provide the Commission with a |
23 | | true copy of its current license in any state in which it is |
24 | | licensed as a manufacturer of wine. An applicant for a winery |
25 | | shipper's license must also complete an application form that |
26 | | provides any other information the Commission deems necessary. |
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| | HB5504 | - 60 - | LRB103 38154 RPS 68287 b |
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1 | | The application form shall include all addresses from which |
2 | | the applicant for a winery shipper's license intends to ship |
3 | | wine, including the name and address of any third party, |
4 | | except for a common carrier, authorized to ship wine on behalf |
5 | | of the manufacturer. The application form shall include an |
6 | | acknowledgement consenting to the jurisdiction of the |
7 | | Commission, the Illinois Department of Revenue, and the courts |
8 | | of this State concerning the enforcement of this Act and any |
9 | | related laws, rules, and regulations, including authorizing |
10 | | the Department of Revenue and the Commission to conduct audits |
11 | | for the purpose of ensuring compliance with Public Act 95-634, |
12 | | and an acknowledgement that the wine manufacturer is in |
13 | | compliance with Section 6-2 of this Act. Any third party, |
14 | | except for a common carrier, authorized to ship wine on behalf |
15 | | of a first-class or second-class wine manufacturer's licensee, |
16 | | a first-class or second-class wine-maker's licensee, a limited |
17 | | wine manufacturer's licensee, or a person who is licensed to |
18 | | make wine under the laws of another state shall also be |
19 | | disclosed by the winery shipper's licensee, and a copy of the |
20 | | written appointment of the third-party wine provider, except |
21 | | for a common carrier, to the wine manufacturer shall be filed |
22 | | with the State Commission as a supplement to the winery |
23 | | shipper's license application or any renewal thereof. The |
24 | | winery shipper's license holder shall affirm under penalty of |
25 | | perjury, as part of the winery shipper's license application |
26 | | or renewal, that he or she only ships wine, either directly or |
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| | HB5504 | - 61 - | LRB103 38154 RPS 68287 b |
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1 | | indirectly through a third-party provider, from the licensee's |
2 | | own production. |
3 | | Except for a common carrier, a third-party provider |
4 | | shipping wine on behalf of a winery shipper's license holder |
5 | | is the agent of the winery shipper's license holder and, as |
6 | | such, a winery shipper's license holder is responsible for the |
7 | | acts and omissions of the third-party provider acting on |
8 | | behalf of the license holder. A third-party provider, except |
9 | | for a common carrier, that engages in shipping wine into |
10 | | Illinois on behalf of a winery shipper's license holder shall |
11 | | consent to the jurisdiction of the State Commission and the |
12 | | State. Any third-party, except for a common carrier, holding |
13 | | such an appointment shall, by February 1 of each calendar year |
14 | | and upon request by the State Commission or the Department of |
15 | | Revenue, file with the State Commission a statement detailing |
16 | | each shipment made to an Illinois resident. The statement |
17 | | shall include the name and address of the third-party provider |
18 | | filing the statement, the time period covered by the |
19 | | statement, and the following information: |
20 | | (1) the name, address, and license number of the |
21 | | winery shipper on whose behalf the shipment was made; |
22 | | (2) the quantity of the products delivered; and |
23 | | (3) the date and address of the shipment. |
24 | | If the Department of Revenue or the State Commission requests |
25 | | a statement under this paragraph, the third-party provider |
26 | | must provide that statement no later than 30 days after the |
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| | HB5504 | - 62 - | LRB103 38154 RPS 68287 b |
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1 | | request is made. Any books, records, supporting papers, and |
2 | | documents containing information and data relating to a |
3 | | statement under this paragraph shall be kept and preserved for |
4 | | a period of 3 years, unless their destruction sooner is |
5 | | authorized, in writing, by the Director of Revenue, and shall |
6 | | be open and available to inspection by the Director of Revenue |
7 | | or the State Commission or any duly authorized officer, agent, |
8 | | or employee of the State Commission or the Department of |
9 | | Revenue, at all times during business hours of the day. Any |
10 | | person who violates any provision of this paragraph or any |
11 | | rule of the State Commission for the administration and |
12 | | enforcement of the provisions of this paragraph is guilty of a |
13 | | Class C misdemeanor. In case of a continuing violation, each |
14 | | day's continuance thereof shall be a separate and distinct |
15 | | offense. |
16 | | The State Commission shall adopt rules as soon as |
17 | | practicable to implement the requirements of Public Act 99-904 |
18 | | and shall adopt rules prohibiting any such third-party |
19 | | appointment of a third-party provider, except for a common |
20 | | carrier, that has been deemed by the State Commission to have |
21 | | violated the provisions of this Act with regard to any winery |
22 | | shipper licensee. |
23 | | A winery shipper licensee must pay to the Department of |
24 | | Revenue the State liquor gallonage tax under Section 8-1 for |
25 | | all wine that is sold by the licensee and shipped to a person |
26 | | in this State. For the purposes of Section 8-1, a winery |
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| | HB5504 | - 63 - | LRB103 38154 RPS 68287 b |
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1 | | shipper licensee shall be taxed in the same manner as a |
2 | | manufacturer of wine. A licensee who is not otherwise required |
3 | | to register under the Retailers' Occupation Tax Act must |
4 | | register under the Use Tax Act to collect and remit use tax to |
5 | | the Department of Revenue for all gallons of wine that are sold |
6 | | by the licensee and shipped to persons in this State. If a |
7 | | licensee fails to remit the tax imposed under this Act in |
8 | | accordance with the provisions of Article VIII of this Act, |
9 | | the winery shipper's license shall be revoked in accordance |
10 | | with the provisions of Article VII of this Act. If a licensee |
11 | | fails to properly register and remit tax under the Use Tax Act |
12 | | or the Retailers' Occupation Tax Act for all wine that is sold |
13 | | by the winery shipper and shipped to persons in this State, the |
14 | | winery shipper's license shall be revoked in accordance with |
15 | | the provisions of Article VII of this Act. |
16 | | A winery shipper licensee must collect, maintain, and |
17 | | submit to the Commission on a semi-annual basis the total |
18 | | number of cases per resident of wine shipped to residents of |
19 | | this State. A winery shipper licensed under this subsection |
20 | | (r) must comply with the requirements of Section 6-29 of this |
21 | | Act. |
22 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of |
23 | | Section 3-12, the State Commission may receive, respond to, |
24 | | and investigate any complaint and impose any of the remedies |
25 | | specified in paragraph (1) of subsection (a) of Section 3-12. |
26 | | As used in this subsection, "third-party provider" means |
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| | HB5504 | - 64 - | LRB103 38154 RPS 68287 b |
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1 | | any entity that provides fulfillment house services, including |
2 | | warehousing, packaging, distribution, order processing, or |
3 | | shipment of wine, but not the sale of wine, on behalf of a |
4 | | licensed winery shipper. |
5 | | (s) A craft distiller tasting permit license shall allow |
6 | | an Illinois licensed class 1 craft distiller or class 2 craft |
7 | | distiller to transfer a portion of its alcoholic liquor |
8 | | inventory from its class 1 craft distiller or class 2 craft |
9 | | distiller licensed premises to the premises specified in the |
10 | | license hereby created and to conduct a sampling, only in the |
11 | | premises specified in the license hereby created, of the |
12 | | transferred alcoholic liquor in accordance with subsection (c) |
13 | | of Section 6-31 of this Act. The transferred alcoholic liquor |
14 | | may not be sold or resold in any form. An applicant for the |
15 | | craft distiller tasting permit license must also submit with |
16 | | the application proof satisfactory to the State Commission |
17 | | that the applicant will provide dram shop liability insurance |
18 | | to the maximum limits and have local authority approval. |
19 | | (t) A brewer warehouse permit may be issued to the holder |
20 | | of a class 1 brewer license or a class 2 brewer license. If the |
21 | | holder of the permit is a class 1 brewer licensee, the brewer |
22 | | warehouse permit shall allow the holder to store or warehouse |
23 | | up to 930,000 gallons of tax-determined beer manufactured by |
24 | | the holder of the permit at the premises specified on the |
25 | | permit. If the holder of the permit is a class 2 brewer |
26 | | licensee, the brewer warehouse permit shall allow the holder |
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| | HB5504 | - 65 - | LRB103 38154 RPS 68287 b |
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1 | | to store or warehouse up to 3,720,000 gallons of |
2 | | tax-determined beer manufactured by the holder of the permit |
3 | | at the premises specified on the permit. Sales to |
4 | | non-licensees are prohibited at the premises specified in the |
5 | | brewer warehouse permit. |
6 | | (u) A distilling pub license shall allow the licensee to |
7 | | only (i) manufacture up to 10,000 5,000 gallons of spirits per |
8 | | year only on the premises specified in the license, (ii) make |
9 | | sales of the spirits manufactured on the premises or, with the |
10 | | approval of the State Commission, spirits manufactured on |
11 | | another distilling pub licensed premises that is wholly owned |
12 | | and operated by the same licensee to importing distributors |
13 | | and distributors and to non-licensees for use and consumption, |
14 | | (iii) store the spirits upon the premises, (iv) sell and offer |
15 | | for sale at retail from the licensed premises for off-premises |
16 | | consumption no more than 5,000 gallons per year so long as such |
17 | | sales are only made in-person, (v) sell and offer for sale at |
18 | | retail for use and consumption on the premises specified in |
19 | | the license any form of alcoholic liquor purchased from a |
20 | | licensed distributor or importing distributor, and (vi) with |
21 | | the prior approval of the State Commission, annually transfer |
22 | | no more than 5,000 gallons of spirits manufactured on the |
23 | | premises to a licensed distilling pub wholly owned and |
24 | | operated by the same licensee. |
25 | | A distilling pub licensee shall not under any circumstance |
26 | | sell or offer for sale spirits manufactured by the distilling |
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| | HB5504 | - 66 - | LRB103 38154 RPS 68287 b |
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1 | | pub licensee to retail licensees. |
2 | | A person who holds a class 2 craft distiller license may |
3 | | simultaneously hold a distilling pub license if the class 2 |
4 | | craft distiller (i) does not, under any circumstance, sell or |
5 | | offer for sale spirits manufactured by the class 2 craft |
6 | | distiller to retail licensees; (ii) does not hold more than 3 |
7 | | distilling pub licenses in this State; (iii) does not |
8 | | manufacture more than a combined 100,000 gallons of spirits |
9 | | per year, including the spirits manufactured at the distilling |
10 | | pub; and (iv) is not a member of or affiliated with, directly |
11 | | or indirectly, a manufacturer that produces more than 100,000 |
12 | | gallons of spirits per year or any other alcoholic liquor. |
13 | | (v) A craft distiller warehouse permit may be issued to |
14 | | the holder of a class 1 craft distiller or class 2 craft |
15 | | distiller license. The craft distiller warehouse permit shall |
16 | | allow the holder to store or warehouse up to 500,000 gallons of |
17 | | spirits manufactured by the holder of the permit at the |
18 | | premises specified on the permit. Sales to non-licensees are |
19 | | prohibited at the premises specified in the craft distiller |
20 | | warehouse permit. |
21 | | (w) A beer showcase permit license shall allow an |
22 | | Illinois-licensed distributor to transfer a portion of its |
23 | | beer inventory from its licensed premises to the premises |
24 | | specified in the beer showcase permit license, and, in the |
25 | | case of a class 3 brewer, transfer only beer the class 3 brewer |
26 | | manufactures from its licensed premises to the premises |
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| | HB5504 | - 67 - | LRB103 38154 RPS 68287 b |
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1 | | specified in the beer showcase permit license; and to sell or |
2 | | offer for sale at retail, only in the premises specified in the |
3 | | beer showcase permit license, the transferred or delivered |
4 | | beer for on or off premise consumption, but not for resale in |
5 | | any form and to sell to non-licensees not more than 96 fluid |
6 | | ounces of beer per person. A beer showcase permit license may |
7 | | be granted for the following time periods: one day or less; or |
8 | | 2 or more days to a maximum of 15 days per location in any |
9 | | 12-month period. An applicant for a beer showcase permit |
10 | | license must also submit with the application proof |
11 | | satisfactory to the State Commission that the applicant will |
12 | | provide dram shop liability insurance to the maximum limits |
13 | | and have local authority approval. The State Commission shall |
14 | | require the beer showcase applicant to comply with Section |
15 | | 6-27.1. |
16 | | (x) A spirits showcase permit shall allow an |
17 | | Illinois-licensed distributor to transfer a portion of its |
18 | | spirits inventory from its licensed premises to the premises |
19 | | specified in the spirits showcase permit and, in the case of a |
20 | | class 3 craft distiller, transfer only spirits the class 3 |
21 | | craft distiller manufactures from its licensed premises to the |
22 | | premises specified in the spirits showcase permit; and to sell |
23 | | or offer for sale at retail, only in the premises specified in |
24 | | the spirits showcase permit, the transferred or delivered |
25 | | spirits for on-premises or off-premises consumption, but not |
26 | | for resale in any form and to sell to non-licensees not more |
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1 | | than 156 fluid ounces of spirits per person. A spirits |
2 | | showcase permit may be granted for the following time periods: |
3 | | one day or less; or 2 or more days to a maximum of 15 days per |
4 | | location in any 12-month period. An applicant for a spirits |
5 | | showcase permit must also submit with the application proof |
6 | | satisfactory to the State Commission that the applicant will |
7 | | provide dram shop liability insurance to the maximum limits |
8 | | and have local authority approval. The State Commission shall |
9 | | require the spirits showcase applicant to comply with Section |
10 | | 6-27.1. |
11 | | (Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; |
12 | | 101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. |
13 | | 8-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22; |
14 | | 102-442, eff. 8-20-21; 102-1142, eff. 2-17-23.) |
15 | | (235 ILCS 5/5-3) (from Ch. 43, par. 118) |
16 | | Sec. 5-3. License fees. Except as otherwise provided |
17 | | herein, at the time application is made to the State |
18 | | Commission for a license of any class, the applicant shall pay |
19 | | to the State Commission the fee hereinafter provided for the |
20 | | kind of license applied for. |
21 | | The fee for licenses issued by the State Commission shall |
22 | | be as follows: |
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23 | | | Online | Initial | |
24 | | | renewal | license | |
25 | | | | or | |
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3 | | For a manufacturer's license: | | | |
4 | | Class 1. Distiller ................. | $4,000 | $5,000 | |
5 | | Class 2. Rectifier ................. | 4,000 | 5,000 | |
6 | | Class 3. Brewer .................... | 1,200 | 1,500 | |
7 | | Class 4. First-class Wine | | | |
8 | | Manufacturer ................... | 750 | 900 | |
9 | | Class 5. Second-class | | | |
10 | | Wine Manufacturer .............. | 1,500 | 1,750 | |
11 | | Class 6. First-class wine-maker .... | 750 | 900 | |
12 | | Class 7. Second-class wine-maker ... | 1,500 | 1,750 | |
13 | | Class 8. Limited Wine | | | |
14 | | Manufacturer .................... | 250 | 350 | |
15 | | Class 9. Craft Distiller ............ | 2,000 | 2,500 | |
16 | | Class 10. Class 1 Craft Distiller ... | 50 | 75 | |
17 | | Class 11. Class 2 Craft Distiller ... | 75 | 100 | |
18 | | Class 12. Class 1 Brewer ............ | 50 | 75 | |
19 | | Class 13. Class 2 Brewer ............ | 75 | 100 | |
20 | | Class 14. Class 3 Brewer ............ | 25 | 50 | |
21 | | Class 15. Class 3 Craft Distiller . | 175 | 200 | |
22 | | For a Brew Pub License .............. | 1,200 | 1,500 | |
23 | | For a Distilling Pub License ........ | 1,200 | 1,500 | |
24 | | For a caterer retailer's license .... | 350 | 500 | |
25 | | For a foreign importer's license ... | 25 | 25 | |
26 | | For an importing distributor's | | | |
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1 | | license ......................... | 25 | 25 | |
2 | | For a distributor's license | | | |
3 | | (11,250,000 gallons | | | |
4 | | or over) ........................ | 1,450 | 2,200 | |
5 | | For a distributor's license | | | |
6 | | (over 4,500,000 gallons, but | | | |
7 | | under 11,250,000 gallons) ....... | 950 | 1,450 | |
8 | | For a distributor's license | | | |
9 | | (4,500,000 gallons or under) .... | 300 | 450 | |
10 | | For a non-resident dealer's license | | | |
11 | | (500,000 gallons or over) | | | |
12 | | or with self-distribution | | | |
13 | | privileges ..................... | 1,200 | 1,500 | |
14 | | For a non-resident dealer's license | | | |
15 | | (under 500,000 gallons) ........ | 250 | 350 | |
16 | | For a wine-maker's premises | | | |
17 | | license ........................ | 250 | 500 | |
18 | | For a winery shipper's license | | | |
19 | | (under 250,000 gallons) ......... | 200 | 350 | |
20 | | For a winery shipper's license | | | |
21 | | (250,000 or over, but | | | |
22 | | under 500,000 gallons) .......... | 750 | 1,000 | |
23 | | For a winery shipper's license | | | |
24 | | (500,000 gallons or over) ....... | 1,200 | 1,500 | |
25 | | For a wine-maker's premises | | | |
26 | | license, second location ....... | 500 | 1,000 | |
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1 | | Class 2 ........................ | 60 | 60 | |
2 | | Class 3 ........................ | 120 | 120 | |
3 | | Class 4 ........................ | 240 | 240 | |
4 | | Class 5 ........................ | 600 | 600 | |
5 | | For a broker's license ............. | 750 | 1,000 | |
6 | | For an auction liquor license ...... | 100 | 150 | |
7 | | For a homebrewer special | | | |
8 | | event permit .................... | 25 | 25 | |
9 | | For a craft distiller | | | |
10 | | tasting permit .................. | 25 | 25 | |
11 | | For a BASSET trainer license ........ | 300 | 350 | |
12 | | For a tasting representative | | | |
13 | | license ......................... | 200 | 300 | |
14 | | For a brewer warehouse permit ....... | 25 | 25 | |
15 | | For a craft distiller | | | |
16 | | warehouse permit ................ | 25 | 25 |
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17 | | Fees collected under this Section shall be paid into the |
18 | | Dram Shop Fund. The State Commission shall waive license |
19 | | renewal fees for those retailers' licenses that are designated |
20 | | as "1A" by the State Commission and expire on or after July 1, |
21 | | 2022, and on or before June 30, 2023. One-half of the funds |
22 | | received for a retailer's license shall be paid into the Dram |
23 | | Shop Fund and one-half of the funds received for a retailer's |
24 | | license shall be paid into the General Revenue Fund. |
25 | | No fee shall be paid for licenses issued by the State |
26 | | Commission to the following non-beverage users: |
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1 | | (a) Hospitals, sanitariums, or clinics when their use |
2 | | of alcoholic liquor is exclusively medicinal, mechanical , |
3 | | or scientific. |
4 | | (b) Universities, colleges of learning , or schools |
5 | | when their use of alcoholic liquor is exclusively |
6 | | medicinal, mechanical , or scientific. |
7 | | (c) Laboratories when their use is exclusively for the |
8 | | purpose of scientific research. |
9 | | (Source: P.A. 102-442, eff. 8-20-21; 102-558, eff. 8-20-21; |
10 | | 102-699, eff. 4-19-22; 102-1142, eff. 2-17-23; 103-154, eff. |
11 | | 6-30-23; revised 9-5-23.) |
12 | | (235 ILCS 5/6-4) (from Ch. 43, par. 121) |
13 | | Sec. 6-4. (a) No person licensed by any licensing |
14 | | authority as a distiller, or a wine manufacturer, or any |
15 | | subsidiary or affiliate thereof, or any officer, associate, |
16 | | member, partner, representative, employee, agent or |
17 | | shareholder owning more than 5% of the outstanding shares of |
18 | | such person shall be issued an importing distributor's or |
19 | | distributor's license, nor shall any person licensed by any |
20 | | licensing authority as an importing distributor, distributor |
21 | | or retailer, or any subsidiary or affiliate thereof, or any |
22 | | officer or associate, member, partner, representative, |
23 | | employee, agent or shareholder owning more than 5% of the |
24 | | outstanding shares of such person be issued a distiller's |
25 | | license, a craft distiller's license, or a wine manufacturer's |
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1 | | license; and no person or persons licensed as a distiller, |
2 | | craft distiller, class 1 craft distiller, or class 2 craft |
3 | | distiller by any licensing authority shall have any interest, |
4 | | directly or indirectly, with such distributor or importing |
5 | | distributor. |
6 | | However, an importing distributor or distributor, which on |
7 | | January 1, 1985 is owned by a brewer, or any subsidiary or |
8 | | affiliate thereof or any officer, associate, member, partner, |
9 | | representative, employee, agent or shareholder owning more |
10 | | than 5% of the outstanding shares of the importing distributor |
11 | | or distributor referred to in this paragraph, may own or |
12 | | acquire an ownership interest of more than 5% of the |
13 | | outstanding shares of a wine manufacturer and be issued a wine |
14 | | manufacturer's license by any licensing authority. |
15 | | (b) The foregoing provisions shall not apply to any person |
16 | | licensed by any licensing authority as a distiller or wine |
17 | | manufacturer, or to any subsidiary or affiliate of any |
18 | | distiller or wine manufacturer who shall have been heretofore |
19 | | licensed by the State Commission as either an importing |
20 | | distributor or distributor during the annual licensing period |
21 | | expiring June 30, 1947, and shall actually have made sales |
22 | | regularly to retailers. |
23 | | (c) Provided, however, that in such instances where a |
24 | | distributor's or importing distributor's license has been |
25 | | issued to any distiller or wine manufacturer or to any |
26 | | subsidiary or affiliate of any distiller or wine manufacturer |
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1 | | who has, during the licensing period ending June 30, 1947, |
2 | | sold or distributed as such licensed distributor or importing |
3 | | distributor alcoholic liquors and wines to retailers, such |
4 | | distiller or wine manufacturer or any subsidiary or affiliate |
5 | | of any distiller or wine manufacturer holding such |
6 | | distributor's or importing distributor's license may continue |
7 | | to sell or distribute to retailers such alcoholic liquors and |
8 | | wines which are manufactured, distilled, processed or marketed |
9 | | by distillers and wine manufacturers whose products it sold or |
10 | | distributed to retailers during the whole or any part of its |
11 | | licensing periods; and such additional brands and additional |
12 | | products may be added to the line of such distributor or |
13 | | importing distributor, provided, that such brands and such |
14 | | products were not sold or distributed by any distributor or |
15 | | importing distributor licensed by the State Commission during |
16 | | the licensing period ending June 30, 1947, but can not sell or |
17 | | distribute to retailers any other alcoholic liquors or wines. |
18 | | (d) It shall be unlawful for any distiller licensed |
19 | | anywhere to have any stock ownership or interest in any |
20 | | distributor's or importing distributor's license wherein any |
21 | | other person has an interest therein who is not a distiller and |
22 | | does not own more than 5% of any stock in any distillery. |
23 | | Nothing herein contained shall apply to such distillers or |
24 | | their subsidiaries or affiliates, who had a distributor's or |
25 | | importing distributor's license during the licensing period |
26 | | ending June 30, 1947, which license was owned in whole by such |
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1 | | distiller, or subsidiaries or affiliates of such distiller. |
2 | | (e) Any person licensed as a brewer, class 1 brewer, or |
3 | | class 2 brewer shall be permitted to sell on the licensed |
4 | | premises to non-licensees for on or off-premises consumption |
5 | | for the premises in which he or she actually conducts such |
6 | | business: (i) beer manufactured by the brewer, class 1 brewer, |
7 | | class 2 brewer, or class 3 brewer; (ii) beer manufactured by |
8 | | any other brewer, class 1 brewer, class 2 brewer, or class 3 |
9 | | brewer; and (iii) cider or mead. Any person licensed as a class |
10 | | 3 brewer shall be permitted to sell on the licensed premises to |
11 | | non-licensees for on or off premises consumption for the |
12 | | premises in which he or she actually conducts such business: |
13 | | (i) beer manufactured by the class 3 brewer on the premises; |
14 | | (ii) beer manufactured by any other brewer, class 1 brewer, |
15 | | class 2 brewer, or class 3 brewer; and (iii) cider, wine, and |
16 | | spirits. All products sold under this subsection that are not |
17 | | manufactured on premises must be purchased through a licensed |
18 | | distributor, importing distributor, or manufacturer with |
19 | | self-distribution privileges. Such sales shall be limited to |
20 | | on-premises, in-person sales only, for lawful consumption on |
21 | | or off premises. Such authorization shall be considered a |
22 | | privilege granted by the brewer license and, other than a |
23 | | manufacturer of beer as stated above, no manufacturer or |
24 | | distributor or importing distributor, excluding airplane |
25 | | licensees exercising powers provided in paragraph (i) of |
26 | | Section 5-1 of this Act, or any subsidiary or affiliate |
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1 | | thereof, or any officer, associate, member, partner, |
2 | | representative, employee or agent, or shareholder shall be |
3 | | issued a retailer's license, nor shall any person having a |
4 | | retailer's license, excluding airplane licensees exercising |
5 | | powers provided in paragraph (i) of Section 5-1 of this Act, or |
6 | | any subsidiary or affiliate thereof, or any officer, |
7 | | associate, member, partner, representative or agent, or |
8 | | shareholder be issued a manufacturer's license or importing |
9 | | distributor's license. |
10 | | A manufacturer of beer that imports or transfers beer into |
11 | | this State must comply with Sections 6-8 and 8-1 of this Act. |
12 | | A person who holds a class 2 brewer license and is |
13 | | authorized by this Section to sell beer to non-licensees shall |
14 | | not sell beer to non-licensees from more than 3 total brewer or |
15 | | commonly owned brew pub licensed locations in this State. The |
16 | | class 2 brewer shall designate to the State Commission the |
17 | | brewer or brew pub locations from which it will sell beer to |
18 | | non-licensees. |
19 | | A person licensed as a class 1 craft distiller or a class 2 |
20 | | craft distiller, including a person who holds more than one |
21 | | class 1 craft distiller or class 2 craft distiller license, |
22 | | not affiliated with any other person manufacturing spirits may |
23 | | be authorized by the State Commission to sell (1) up to 5,000 |
24 | | gallons of spirits produced by the person to non-licensees for |
25 | | on or off-premises consumption for the premises in which he or |
26 | | she actually conducts business permitting only the retail sale |
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1 | | of spirits manufactured at such premises and (2) vermouth |
2 | | purchased through a licensed distributor for on-premises |
3 | | consumption. Such sales shall be limited to on-premises, |
4 | | in-person sales only, for lawful consumption on or off |
5 | | premises, and such authorization shall be considered a |
6 | | privilege granted by the class 1 craft distiller or class 2 |
7 | | craft distiller license. A class 1 craft distiller or class 2 |
8 | | craft distiller licensed for retail sale shall secure liquor |
9 | | liability insurance coverage in an amount at least equal to |
10 | | the maximum liability amounts set forth in subsection (a) of |
11 | | Section 6-21 of this Act. |
12 | | A class 1 craft distiller or class 2 craft distiller |
13 | | license holder shall not deliver any alcoholic liquor to any |
14 | | non-licensee off the licensed premises. A class 1 craft |
15 | | distiller or class 2 craft distiller shall affirm in its |
16 | | annual license application that it does not produce more than |
17 | | 50,000 or 100,000 gallons of distilled spirits annually, |
18 | | whichever is applicable, and that the craft distiller does not |
19 | | sell more than 5,000 gallons of spirits to non-licensees for |
20 | | on or off-premises consumption. In the application, which |
21 | | shall be sworn under penalty of perjury, the class 1 craft |
22 | | distiller or class 2 craft distiller shall state the volume of |
23 | | production and sales for each year since the class 1 craft |
24 | | distiller's or class 2 craft distiller's establishment. |
25 | | A person who holds a class 1 craft distiller or class 2 |
26 | | craft distiller license and is authorized by this Section to |
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1 | | sell spirits to non-licensees shall not sell spirits to |
2 | | non-licensees from more than 3 total distillery or commonly |
3 | | owned distilling pub licensed locations in this State. The |
4 | | class 1 craft distiller or class 2 craft distiller shall |
5 | | designate to the State Commission the distillery or distilling |
6 | | pub locations from which it will sell spirits to |
7 | | non-licensees. |
8 | | A class 3 craft distiller license shall allow the licensee |
9 | | to only (i) manufacture up to 100,000 gallons of spirits per |
10 | | year, (ii) make sales of the spirits manufactured on the |
11 | | premises or, with the approval of the State Commission, |
12 | | spirits manufactured on another class 3 craft distiller |
13 | | licensed premises that is wholly owned and operated by the |
14 | | same licensee to importing distributors and distributors, to |
15 | | retail licensees in accordance with the conditions set forth |
16 | | in paragraph (21) of subsection (a) of Section 3-12 of this |
17 | | Act, and to non-licensees for use and consumption, (iii) store |
18 | | the spirits upon the premises, (iv) sell and offer for sale at |
19 | | retail from the licensed premises for off-premises consumption |
20 | | no more than 5,000 gallons per year so long as such sales are |
21 | | only made in-person, (v) sell and offer for sale at retail for |
22 | | use and consumption on the premises specified in the license |
23 | | any form of alcoholic liquor purchased from a licensed |
24 | | distributor or importing distributor, and (vi) with the prior |
25 | | approval of the State Commission, annually transfer no more |
26 | | than 19,375 gallons of spirits manufactured on the premises to |
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1 | | a licensed class 3 craft distiller wholly owned and operated |
2 | | by the same licensee. |
3 | | (f) (Blank). |
4 | | (g) Notwithstanding any of the foregoing prohibitions, a |
5 | | limited wine manufacturer may sell at retail at its |
6 | | manufacturing site for on or off premises consumption and may |
7 | | sell to distributors. A limited wine manufacturer licensee |
8 | | shall secure liquor liability insurance coverage in an amount |
9 | | at least equal to the maximum liability amounts set forth in |
10 | | subsection (a) of Section 6-21 of this Act. |
11 | | (h) The changes made to this Section by Public Act 99-47 |
12 | | shall not diminish or impair the rights of any person, whether |
13 | | a distiller, wine manufacturer, agent, or affiliate thereof, |
14 | | who requested in writing and submitted documentation to the |
15 | | State Commission on or before February 18, 2015 to be approved |
16 | | for a retail license pursuant to what has heretofore been |
17 | | subsection (f); provided that, on or before that date, the |
18 | | State Commission considered the intent of that person to apply |
19 | | for the retail license under that subsection and, by recorded |
20 | | vote, the State Commission approved a resolution indicating |
21 | | that such a license application could be lawfully approved |
22 | | upon that person duly filing a formal application for a retail |
23 | | license and if that person, within 90 days of the State |
24 | | Commission appearance and recorded vote, first filed an |
25 | | application with the appropriate local commission, which |
26 | | application was subsequently approved by the appropriate local |
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1 | | commission prior to consideration by the State Commission of |
2 | | that person's application for a retail license. It is further |
3 | | provided that the State Commission may approve the person's |
4 | | application for a retail license or renewals of such license |
5 | | if such person continues to diligently adhere to all |
6 | | representations made in writing to the State Commission on or |
7 | | before February 18, 2015, or thereafter, or in the affidavit |
8 | | filed by that person with the State Commission to support the |
9 | | issuance of a retail license and to abide by all applicable |
10 | | laws and duly adopted rules. |
11 | | (i) Notwithstanding any other provision of this Act, the |
12 | | common ownership of a brewery, winery, or a distillery shall |
13 | | not authorize the grant of and aggregation of retail |
14 | | privileges granted to any person or licensees in subsection |
15 | | (e). Any person or licensee with common ownership in a |
16 | | brewery, winery, or a distillery shall be limited to the |
17 | | retail privileges granted to only one of the commonly owned |
18 | | brewery, winery, or distillery. The State Commission is hereby |
19 | | authorized to restrict the locations of any commonly owned |
20 | | brewery, winery, or distillery to prevent the expansion of |
21 | | retail privileges, including, without limitation, restricting |
22 | | a commonly owned brewery, winery, or distillery from operating |
23 | | in adjacent licensed premises or restricting self-distribution |
24 | | privileges. |
25 | | (Source: P.A. 101-81, eff. 7-12-19; 101-482, eff. 8-23-19; |
26 | | 101-615, eff. 12-20-19; 102-442, eff. 8-20-21.) |