Sen. Heather Steans

Filed: 3/10/2010

 

 


 

 


 
09600SB3348sam002 LRB096 20500 ASK 38595 a

1
AMENDMENT TO SENATE BILL 3348

2     AMENDMENT NO. ______. Amend Senate Bill 3348 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Liquor Control Act of 1934 is amended by
5 changing Sections 5-1 and 5-3 as follows:
 
6     (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
7     Sec. 5-1. Licenses issued by the Illinois Liquor Control
8 Commission shall be of the following classes:
9     (a) Manufacturer's license - Class 1. Distiller, Class 2.
10 Rectifier, Class 3. Brewer, Class 4. First Class Wine
11 Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
12 First Class Winemaker, Class 7. Second Class Winemaker, Class
13 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
14     (b) Distributor's license,
15     (c) Importing Distributor's license,
16     (d) Retailer's license,

 

 

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

 

 

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1 other licensees.
2     Class 2. A Rectifier, who is not a distiller, as defined
3 herein, may make sales and deliveries of alcoholic liquor to
4 rectifiers, importing distributors, distributors, retailers
5 and non-beverage users and to no other licensees.
6     Class 3. A Brewer may make sales and deliveries of beer to
7 importing distributors, distributors, and to non-licensees,
8 and to retailers provided the brewer obtains an importing
9 distributor's license or distributor's license in accordance
10 with the provisions of this Act.
11     Class 4. A first class wine-manufacturer may make sales and
12 deliveries of up to 50,000 gallons of wine to manufacturers,
13 importing distributors and distributors, and to no other
14 licensees.
15     Class 5. A second class Wine manufacturer may make sales
16 and deliveries of more than 50,000 gallons of wine to
17 manufacturers, importing distributors and distributors and to
18 no other licensees.
19     Class 6. A first-class wine-maker's license shall allow the
20 manufacture of up to 50,000 gallons of wine per year, and the
21 storage and sale of such wine to distributors in the State and
22 to persons without the State, as may be permitted by law. A
23 person who, prior to the effective date of this amendatory Act
24 of the 95th General Assembly, is a holder of a first-class
25 wine-maker's license and annually produces more than 25,000
26 gallons of its own wine and who distributes its wine to

 

 

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1 licensed retailers shall cease this practice on or before July
2 1, 2008 in compliance with this amendatory Act of the 95th
3 General Assembly.
4     Class 7. A second-class wine-maker's license shall allow
5 the manufacture of between 50,000 and 150,000 gallons of wine
6 per year, and the storage and sale of such wine to distributors
7 in this State and to persons without the State, as may be
8 permitted by law. A person who, prior to the effective date of
9 this amendatory Act of the 95th General Assembly, is a holder
10 of a second-class wine-maker's license and annually produces
11 more than 25,000 gallons of its own wine and who distributes
12 its wine to licensed retailers shall cease this practice on or
13 before July 1, 2008 in compliance with this amendatory Act of
14 the 95th General Assembly.
15     Class 8. A limited wine-manufacturer may make sales and
16 deliveries not to exceed 40,000 gallons of wine per year to
17 distributors, and to non-licensees in accordance with the
18 provisions of this Act.
19     Class 9. A craft distiller licensee may manufacture up to
20 60,000 gallons of spirits per year, may store those spirits,
21 and may sell those spirits to distributors in this State and to
22 persons without the State, as maybe be permitted by law.
23 Subject to local approval, a craft distiller licensee may sell
24 from its licensed premises for consumption off premises no more
25 than 25,000 gallons of its spirits per year.
26     (a-1) A manufacturer which is licensed in this State to

 

 

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1 make sales or deliveries of alcoholic liquor and which enlists
2 agents, representatives, or individuals acting on its behalf
3 who contact licensed retailers on a regular and continual basis
4 in this State must register those agents, representatives, or
5 persons acting on its behalf with the State Commission.
6     Registration of agents, representatives, or persons acting
7 on behalf of a manufacturer is fulfilled by submitting a form
8 to the Commission. The form shall be developed by the
9 Commission and shall include the name and address of the
10 applicant, the name and address of the manufacturer he or she
11 represents, the territory or areas assigned to sell to or
12 discuss pricing terms of alcoholic liquor, and any other
13 questions deemed appropriate and necessary. All statements in
14 the forms required to be made by law or by rule shall be deemed
15 material, and any person who knowingly misstates any material
16 fact under oath in an application is guilty of a Class B
17 misdemeanor. Fraud, misrepresentation, false statements,
18 misleading statements, evasions, or suppression of material
19 facts in the securing of a registration are grounds for
20 suspension or revocation of the registration.
21     (b) A distributor's license shall allow the wholesale
22 purchase and storage of alcoholic liquors and sale of alcoholic
23 liquors to licensees in this State and to persons without the
24 State, as may be permitted by law.
25     (c) An importing distributor's license may be issued to and
26 held by those only who are duly licensed distributors, upon the

 

 

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1 filing of an application by a duly licensed distributor, with
2 the Commission and the Commission shall, without the payment of
3 any fee, immediately issue such importing distributor's
4 license to the applicant, which shall allow the importation of
5 alcoholic liquor by the licensee into this State from any point
6 in the United States outside this State, and the purchase of
7 alcoholic liquor in barrels, casks or other bulk containers and
8 the bottling of such alcoholic liquors before resale thereof,
9 but all bottles or containers so filled shall be sealed,
10 labeled, stamped and otherwise made to comply with all
11 provisions, rules and regulations governing manufacturers in
12 the preparation and bottling of alcoholic liquors. The
13 importing distributor's license shall permit such licensee to
14 purchase alcoholic liquor from Illinois licensed non-resident
15 dealers and foreign importers only.
16     (d) A retailer's license shall allow the licensee to sell
17 and offer for sale at retail, only in the premises specified in
18 the license, alcoholic liquor for use or consumption, but not
19 for resale in any form. Nothing in this amendatory Act of the
20 95th General Assembly shall deny, limit, remove, or restrict
21 the ability of a holder of a retailer's license to transfer,
22 deliver, or ship alcoholic liquor to the purchaser for use or
23 consumption subject to any applicable local law or ordinance.
24 Any retail license issued to a manufacturer shall only permit
25 the manufacturer to sell beer at retail on the premises
26 actually occupied by the manufacturer. For the purpose of

 

 

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

 

 

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1 tax-exempt purchase, or (C) a statement that the applicant is
2 not registered under Section 2a of the Retailers' Occupation
3 Tax Act, does not hold a resale number under Section 2c of the
4 Retailers' Occupation Tax Act, and does not hold an exemption
5 number under Section 1g of the Retailers' Occupation Tax Act,
6 in which event the Commission shall set forth on the special
7 event retailer's license a statement to that effect; (ii)
8 submit with the application proof satisfactory to the State
9 Commission that the applicant will provide dram shop liability
10 insurance in the maximum limits; and (iii) show proof
11 satisfactory to the State Commission that the applicant has
12 obtained local authority approval.
13     (f) A railroad license shall permit the licensee to import
14 alcoholic liquors into this State from any point in the United
15 States outside this State and to store such alcoholic liquors
16 in this State; to make wholesale purchases of alcoholic liquors
17 directly from manufacturers, foreign importers, distributors
18 and importing distributors from within or outside this State;
19 and to store such alcoholic liquors in this State; provided
20 that the above powers may be exercised only in connection with
21 the importation, purchase or storage of alcoholic liquors to be
22 sold or dispensed on a club, buffet, lounge or dining car
23 operated on an electric, gas or steam railway in this State;
24 and provided further, that railroad licensees exercising the
25 above powers shall be subject to all provisions of Article VIII
26 of this Act as applied to importing distributors. A railroad

 

 

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1 license shall also permit the licensee to sell or dispense
2 alcoholic liquors on any club, buffet, lounge or dining car
3 operated on an electric, gas or steam railway regularly
4 operated by a common carrier in this State, but shall not
5 permit the sale for resale of any alcoholic liquors to any
6 licensee within this State. A license shall be obtained for
7 each car in which such sales are made.
8     (g) A boat license shall allow the sale of alcoholic liquor
9 in individual drinks, on any passenger boat regularly operated
10 as a common carrier on navigable waters in this State or on any
11 riverboat operated under the Riverboat Gambling Act, which boat
12 or riverboat maintains a public dining room or restaurant
13 thereon.
14     (h) A non-beverage user's license shall allow the licensee
15 to purchase alcoholic liquor from a licensed manufacturer or
16 importing distributor, without the imposition of any tax upon
17 the business of such licensed manufacturer or importing
18 distributor as to such alcoholic liquor to be used by such
19 licensee solely for the non-beverage purposes set forth in
20 subsection (a) of Section 8-1 of this Act, and such licenses
21 shall be divided and classified and shall permit the purchase,
22 possession and use of limited and stated quantities of
23 alcoholic liquor as follows:
24 Class 1, not to exceed ......................... 500 gallons
25 Class 2, not to exceed ....................... 1,000 gallons
26 Class 3, not to exceed ....................... 5,000 gallons

 

 

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

 

 

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

 

 

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

 

 

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1 for sale to such retailer by a broker unless the broker is the
2 holder of a valid broker's license.
3     The broker shall, upon the acceptance by a retailer of the
4 broker's solicitation of an order or offer to sell or supply or
5 deliver or have delivered alcoholic liquors, promptly forward
6 to the Illinois Liquor Control Commission a notification of
7 said transaction in such form as the Commission may by
8 regulations prescribe.
9     (ii) A broker's license shall be required of a person
10 within this State, other than a retail licensee, who, for a fee
11 or commission, promotes, solicits, or accepts orders for
12 alcoholic liquor, for use or consumption and not for resale, to
13 be shipped from this State and delivered to residents outside
14 of this State by an express company, common carrier, or
15 contract carrier. This Section does not apply to any person who
16 promotes, solicits, or accepts orders for wine as specifically
17 authorized in Section 6-29 of this Act.
18     A broker's license under this subsection (l) shall not
19 entitle the holder to buy or sell any alcoholic liquors for his
20 own account or to take or deliver title to such alcoholic
21 liquors.
22     This subsection (l) shall not apply to distributors,
23 employees of distributors, or employees of a manufacturer who
24 has registered the trademark, brand or name of the alcoholic
25 liquor pursuant to Section 6-9 of this Act, and who regularly
26 sells such alcoholic liquor in the State of Illinois only to

 

 

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1 its registrants thereunder.
2     Any agent, representative, or person subject to
3 registration pursuant to subsection (a-1) of this Section shall
4 not be eligible to receive a broker's license.
5     (m) A non-resident dealer's license shall permit such
6 licensee to ship into and warehouse alcoholic liquor into this
7 State from any point outside of this State, and to sell such
8 alcoholic liquor to Illinois licensed foreign importers and
9 importing distributors and to no one else in this State;
10 provided that (i) said non-resident dealer shall register with
11 the Illinois Liquor Control Commission each and every brand of
12 alcoholic liquor which it proposes to sell to Illinois
13 licensees during the license period, (ii) it shall comply with
14 all of the provisions of Section 6-9 hereof with respect to
15 registration of such Illinois licensees as may be granted the
16 right to sell such brands at wholesale, and (iii) the
17 non-resident dealer shall comply with the provisions of
18 Sections 6-5 and 6-6 of this Act to the same extent that these
19 provisions apply to manufacturers.
20     (n) A brew pub license shall allow the licensee to
21 manufacture beer only on the premises specified in the license,
22 to make sales of the beer manufactured on the premises to
23 importing distributors, distributors, and to non-licensees for
24 use and consumption, to store the beer upon the premises, and
25 to sell and offer for sale at retail from the licensed
26 premises, provided that a brew pub licensee shall not sell for

 

 

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1 off-premises consumption more than 50,000 gallons per year.
2     (o) A caterer retailer license shall allow the holder to
3 serve alcoholic liquors as an incidental part of a food service
4 that serves prepared meals which excludes the serving of snacks
5 as the primary meal, either on or off-site whether licensed or
6 unlicensed.
7     (p) An auction liquor license shall allow the licensee to
8 sell and offer for sale at auction wine and spirits for use or
9 consumption, or for resale by an Illinois liquor licensee in
10 accordance with provisions of this Act. An auction liquor
11 license will be issued to a person and it will permit the
12 auction liquor licensee to hold the auction anywhere in the
13 State. An auction liquor license must be obtained for each
14 auction at least 14 days in advance of the auction date.
15     (q) A special use permit license shall allow an Illinois
16 licensed retailer to transfer a portion of its alcoholic liquor
17 inventory from its retail licensed premises to the premises
18 specified in the license hereby created, and to sell or offer
19 for sale at retail, only in the premises specified in the
20 license hereby created, the transferred alcoholic liquor for
21 use or consumption, but not for resale in any form. A special
22 use permit license may be granted for the following time
23 periods: one day or less; 2 or more days to a maximum of 15 days
24 per location in any 12 month period. An applicant for the
25 special use permit license must also submit with the
26 application proof satisfactory to the State Commission that the

 

 

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1 applicant will provide dram shop liability insurance to the
2 maximum limits and have local authority approval.
3     (r) A winery shipper's license shall allow a person with a
4 first-class or second-class wine manufacturer's license, a
5 first-class or second-class wine-maker's license, or a limited
6 wine manufacturer's license or who is licensed to make wine
7 under the laws of another state to ship wine made by that
8 licensee directly to a resident of this State who is 21 years
9 of age or older for that resident's personal use and not for
10 resale. Prior to receiving a winery shipper's license, an
11 applicant for the license must provide the Commission with a
12 true copy of its current license in any state in which it is
13 licensed as a manufacturer of wine. An applicant for a winery
14 shipper's license must also complete an application form that
15 provides any other information the Commission deems necessary.
16 The application form shall include an acknowledgement
17 consenting to the jurisdiction of the Commission, the Illinois
18 Department of Revenue, and the courts of this State concerning
19 the enforcement of this Act and any related laws, rules, and
20 regulations, including authorizing the Department of Revenue
21 and the Commission to conduct audits for the purpose of
22 ensuring compliance with this amendatory Act.
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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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, the
9 winery shipper's license shall be revoked in accordance with
10 the provisions of Article VII of this Act. If a licensee fails
11 to properly register and remit tax under the Use Tax Act or the
12 Retailers' Occupation Tax Act for all wine that is sold by the
13 winery shipper and shipped to persons in this State, the winery
14 shipper's license shall be revoked in accordance with the
15 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 (r)
20 must comply with the requirements of Section 6-29 of this
21 amendatory Act.
22     (s) A craft distiller's premises license shall allow a
23 licensee that concurrently holds a craft distiller license to
24 sell and offer for sale at retail in the premise specified in
25 the craft distiller license only the craft distiller's
26 manufactured products for use and consumption provided that

 

 

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1 sales do not exceed 25,000 gallons per year, but not for resale
2 in any form in the premises specified in the craft distiller
3 license. Each craft distiller shall secure liquor liability
4 insurance coverage in an amount equal to at least the maximum
5 liability amounts set forth in subsection (a) of Section 6-21
6 of this Act.
7 (Source: P.A. 95-331, eff. 8-21-07; 95-634, eff. 6-1-08;
8 95-769, eff. 7-29-08.)
 
9     (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
10     Sec. 5-3. License fees. Except as otherwise provided
11 herein, at the time application is made to the State Commission
12 for a license of any class, the applicant shall pay to the
13 State Commission the fee hereinafter provided for the kind of
14 license applied for.
15     The fee for licenses issued by the State Commission shall
16 be as follows:
17     For a manufacturer's license:
18    Class 1. Distiller .............................$3,600
19    Class 2. Rectifier .............................3,600
20    Class 3. Brewer ................................900
21    Class 4. First-class Wine Manufacturer .........600
22    Class 5. Second-class
23        Wine Manufacturer ..........................1,200
24    Class 6. First-class wine-maker ................600
25    Class 7. Second-class wine-maker ...............1200

 

 

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1    Class 8. Limited Wine Manufacturer..............120
2    Class 9. Craft Distiller....................... 1,800
3    For a Brew Pub License .........................1,050
4    For a caterer retailer's license................200
5    For a foreign importer's license ...............25
6    For an importing distributor's license .........25
7    For a distributor's license ....................270
8    For a non-resident dealer's license
9        (500,000 gallons or over) ..................270
10    For a non-resident dealer's license
11        (under 500,000 gallons) ....................90
12    For a wine-maker's premises license ............100
13    For a craft distiller's premises license....... 100
14    For a winery shipper's license
15        (under 250,000 gallons).....................150
16    For a winery shipper's license
17        (250,000 or over, but under 500,000 gallons).500
18    For a winery shipper's license
19        (500,000 gallons or over)...................1,000
20    For a wine-maker's premises license,
21        second location ............................350
22    For a wine-maker's premises license,
23        third location .............................350
24    For a retailer's license .......................500
25    For a special event retailer's license,
26        (not-for-profit) ...........................25

 

 

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1    For a special use permit license,
2        one day only ...............................50
3        2 days or more .............................100
4    For a railroad license .........................60
5    For a boat license .............................180
6    For an airplane license, times the
7        licensee's maximum number of aircraft
8        in flight, serving liquor over the
9        State at any given time, which either
10        originate, terminate, or make
11        an intermediate stop in the State ..........60
12    For a non-beverage user's license:
13        Class 1 ....................................24
14        Class 2 ....................................60
15        Class 3 ....................................120
16        Class 4 ....................................240
17        Class 5 ....................................600
18    For a broker's license .........................600
19    For an auction liquor license ..................50
20     Fees collected under this Section shall be paid into the
21 Dram Shop Fund. On and after July 1, 2003, of the funds
22 received for a retailer's license, in addition to the first
23 $175, an additional $75 shall be paid into the Dram Shop Fund,
24 and $250 shall be paid into the General Revenue Fund. Beginning
25 June 30, 1990 and on June 30 of each subsequent year through
26 June 29, 2003, any balance over $5,000,000 remaining in the

 

 

09600SB3348sam002 - 21 - LRB096 20500 ASK 38595 a

1 Dram Shop Fund shall be credited to State liquor licensees and
2 applied against their fees for State liquor licenses for the
3 following year. The amount credited to each licensee shall be a
4 proportion of the balance in the Dram Fund that is the same as
5 the proportion of the license fee paid by the licensee under
6 this Section for the period in which the balance was
7 accumulated to the aggregate fees paid by all licensees during
8 that period.
9     No fee shall be paid for licenses issued by the State
10 Commission to the following non-beverage users:
11         (a) Hospitals, sanitariums, or clinics when their use
12     of alcoholic liquor is exclusively medicinal, mechanical
13     or scientific.
14         (b) Universities, colleges of learning or schools when
15     their use of alcoholic liquor is exclusively medicinal,
16     mechanical or scientific.
17         (c) Laboratories when their use is exclusively for the
18     purpose of scientific research.
19 (Source: P.A. 95-634, eff. 6-1-08.)".