Sen. Heather Steans

Filed: 3/15/2010

 

 


 

 


 
09600SB3348sam004 LRB096 20500 ASK 39000 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     No person, firm, partnership, corporation, or other legal
16 business entity that is engaged in the manufacturing of wine
17 may concurrently obtain and hold a wine-maker's license and a
18 wine manufacturer's license.
19     (a) A manufacturer's license shall allow the manufacture,
20 importation in bulk, storage, distribution and sale of
21 alcoholic liquor to persons without the State, as may be
22 permitted by law and to licensees in this State as follows:
23     Class 1. A Distiller may make sales and deliveries of
24 alcoholic liquor to distillers, rectifiers, importing
25 distributors, distributors and non-beverage users and to no
26 other licensees.

 

 

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

 

 

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1 1, 2008 in compliance with this amendatory Act of the 95th
2 General Assembly.
3     Class 7. A second-class wine-maker's license shall allow
4 the manufacture of between 50,000 and 150,000 gallons of wine
5 per year, and the storage and sale of such wine to distributors
6 in this State and to persons without the State, as may be
7 permitted by law. A person who, prior to the effective date of
8 this amendatory Act of the 95th General Assembly, is a holder
9 of a second-class wine-maker's license and annually produces
10 more than 25,000 gallons of its own wine and who distributes
11 its wine to licensed retailers shall cease this practice on or
12 before July 1, 2008 in compliance with this amendatory Act of
13 the 95th General Assembly.
14     Class 8. A limited wine-manufacturer may make sales and
15 deliveries not to exceed 40,000 gallons of wine per year to
16 distributors, and to non-licensees in accordance with the
17 provisions of this Act.
18     Class 9. A craft distiller license shall allow the
19 manufacture of up to 60,000 gallons of alcoholic liquor per
20 year, and the storage and sale of such alcohol to distributors
21 in this State and to persons without the State, as may be
22 permitted by law.
23     Any distiller licensed under this Act on the effective date
24 of this amendatory Act of the 96th General Assembly who applies
25 for licensure as a craft distiller and meets the qualifications
26 for licensure shall not be required to pay the initial

 

 

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1 licensing fee.
2     (a-1) A manufacturer which is licensed in this State to
3 make sales or deliveries of alcoholic liquor and which enlists
4 agents, representatives, or individuals acting on its behalf
5 who contact licensed retailers on a regular and continual basis
6 in this State must register those agents, representatives, or
7 persons acting on its behalf with the 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.
23     (b) A distributor's license shall allow the wholesale
24 purchase and storage of alcoholic liquors and sale of alcoholic
25 liquors to licensees in this State and to persons without the
26 State, as may be permitted by law.

 

 

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

 

 

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

 

 

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

 

 

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1 above powers shall be subject to all provisions of Article VIII
2 of this Act as applied to importing distributors. A railroad
3 license shall also permit the licensee to sell or dispense
4 alcoholic liquors on any club, buffet, lounge or dining car
5 operated on an electric, gas or steam railway regularly
6 operated by a common carrier in this State, but shall not
7 permit the sale for resale of any alcoholic liquors to any
8 licensee within this State. A license shall be obtained for
9 each car in which such sales are made.
10     (g) A boat license shall allow the sale of alcoholic liquor
11 in individual drinks, on any passenger boat regularly operated
12 as a common carrier on navigable waters in this State or on any
13 riverboat operated under the Riverboat Gambling Act, which boat
14 or riverboat maintains a public dining room or restaurant
15 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
2 Class 3, not to exceed ....................... 5,000 gallons
3 Class 4, not to exceed ...................... 10,000 gallons
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 allow
12 a licensee who concurrently holds a second-class wine-maker's
13 license to sell and offer for sale at retail in the premises
14 specified in such license up to 100,000 gallons of the
15 second-class wine-maker's wine that is made at the second-class
16 wine-maker's licensed premises per year for use or consumption
17 but not for resale in any form. A wine-maker's premises license
18 shall allow a licensee that concurrently holds a first-class
19 wine-maker's license or a second-class wine-maker's license to
20 sell and offer for sale at retail at the premises specified in
21 the wine-maker's premises license, for use or consumption but
22 not for resale in any form, any beer, wine, and spirits
23 purchased from a licensed distributor. Upon approval from the
24 State Commission, a wine-maker's premises license shall allow
25 the licensee to sell and offer for sale at (i) the wine-maker's
26 licensed premises and (ii) at up to 2 additional locations for

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 special use permit license must also submit with the
2 application proof satisfactory to the State Commission that the
3 applicant will provide dram shop liability insurance to the
4 maximum limits and have local authority approval.
5     (r) A winery shipper's license shall allow a person with a
6 first-class or second-class wine manufacturer's license, a
7 first-class or second-class wine-maker's license, or a limited
8 wine manufacturer's license or who is licensed to make wine
9 under the laws of another state to ship wine made by that
10 licensee directly to a resident of this State who is 21 years
11 of age or older for that resident's personal use and not for
12 resale. Prior to receiving a winery shipper's license, an
13 applicant for the license must provide the Commission with a
14 true copy of its current license in any state in which it is
15 licensed as a manufacturer of wine. An applicant for a winery
16 shipper's license must also complete an application form that
17 provides any other information the Commission deems necessary.
18 The application form shall include an acknowledgement
19 consenting to the jurisdiction of the Commission, the Illinois
20 Department of Revenue, and the courts of this State concerning
21 the enforcement of this Act and any related laws, rules, and
22 regulations, including authorizing the Department of Revenue
23 and the Commission to conduct audits for the purpose of
24 ensuring compliance with this amendatory Act.
25     A winery shipper licensee must pay to the Department of
26 Revenue the State liquor gallonage tax under Section 8-1 for

 

 

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1 all wine that is sold by the licensee and shipped to a person
2 in this State. For the purposes of Section 8-1, a winery
3 shipper licensee shall be taxed in the same manner as a
4 manufacturer of wine. A licensee who is not otherwise required
5 to register under the Retailers' Occupation Tax Act must
6 register under the Use Tax Act to collect and remit use tax to
7 the Department of Revenue for all gallons of wine that are sold
8 by the licensee and shipped to persons in this State. If a
9 licensee fails to remit the tax imposed under this Act in
10 accordance with the provisions of Article VIII of this Act, the
11 winery shipper's license shall be revoked in accordance with
12 the provisions of Article VII of this Act. If a licensee fails
13 to properly register and remit tax under the Use Tax Act or the
14 Retailers' Occupation Tax Act for all wine that is sold by the
15 winery shipper and shipped to persons in this State, the winery
16 shipper's license shall be revoked in accordance with the
17 provisions of Article VII of this Act.
18     A winery shipper licensee must collect, maintain, and
19 submit to the Commission on a semi-annual basis the total
20 number of cases per resident of wine shipped to residents of
21 this State. A winery shipper licensed under this subsection (r)
22 must comply with the requirements of Section 6-29 of this
23 amendatory Act.
24 (Source: P.A. 95-331, eff. 8-21-07; 95-634, eff. 6-1-08;
25 95-769, eff. 7-29-08.)
 

 

 

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1     (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
2     Sec. 5-3. License fees. Except as otherwise provided
3 herein, at the time application is made to the State Commission
4 for a license of any class, the applicant shall pay to the
5 State Commission the fee hereinafter provided for the kind of
6 license applied for.
7     The fee for licenses issued by the State Commission shall
8 be as follows:
9     For a manufacturer's license:
10    Class 1. Distiller .............................$3,600
11    Class 2. Rectifier .............................3,600
12    Class 3. Brewer ................................900
13    Class 4. First-class Wine Manufacturer .........600
14    Class 5. Second-class
15        Wine Manufacturer ..........................1,200
16    Class 6. First-class wine-maker ................600
17    Class 7. Second-class wine-maker ...............1200
18    Class 8. Limited Wine Manufacturer..............120
19    Class 9. Craft Distiller....................... 1,800
20    For a Brew Pub License .........................1,050
21    For a caterer retailer's license................200
22    For a foreign importer's license ...............25
23    For an importing distributor's license .........25
24    For a distributor's license ....................270
25    For a non-resident dealer's license
26        (500,000 gallons or over) ..................270

 

 

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

 

 

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1        an intermediate stop in the State ..........60
2    For a non-beverage user's license:
3        Class 1 ....................................24
4        Class 2 ....................................60
5        Class 3 ....................................120
6        Class 4 ....................................240
7        Class 5 ....................................600
8    For a broker's license .........................600
9    For an auction liquor license ..................50
10     Fees collected under this Section shall be paid into the
11 Dram Shop Fund. On and after July 1, 2003, of the funds
12 received for a retailer's license, in addition to the first
13 $175, an additional $75 shall be paid into the Dram Shop Fund,
14 and $250 shall be paid into the General Revenue Fund. Beginning
15 June 30, 1990 and on June 30 of each subsequent year through
16 June 29, 2003, any balance over $5,000,000 remaining in the
17 Dram Shop Fund shall be credited to State liquor licensees and
18 applied against their fees for State liquor licenses for the
19 following year. The amount credited to each licensee shall be a
20 proportion of the balance in the Dram Fund that is the same as
21 the proportion of the license fee paid by the licensee under
22 this Section for the period in which the balance was
23 accumulated to the aggregate fees paid by all licensees during
24 that period.
25     No fee shall be paid for licenses issued by the State
26 Commission to the following non-beverage users:

 

 

09600SB3348sam004 - 21 - LRB096 20500 ASK 39000 a

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 when
5     their use of alcoholic liquor is exclusively medicinal,
6     mechanical or scientific.
7         (c) Laboratories when their use is exclusively for the
8     purpose of scientific research.
9 (Source: P.A. 95-634, eff. 6-1-08.)".