Sen. Michael W. Frerichs

Filed: 3/20/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3456

2    AMENDMENT NO. ______. Amend Senate Bill 3456 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Liquor Control Act of 1934 is amended by
5changing 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
8Commission shall be of the following classes:
9    (a) Manufacturer's license - Class 1. Distiller, Class 2.
10Rectifier, Class 3. Brewer, Class 4. First Class Wine
11Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
12First Class Winemaker, Class 7. Second Class Winemaker, Class
138. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
1410. Craft Brewer,
15    (b) Distributor's license,
16    (c) Importing Distributor's license,

 

 

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

 

 

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1other licensees.
2    Class 2. A Rectifier, who is not a distiller, as defined
3herein, may make sales and deliveries of alcoholic liquor to
4rectifiers, importing distributors, distributors, retailers
5and non-beverage users and to no other licensees.
6    Class 3. A Brewer may make sales and deliveries of beer to
7importing distributors and distributors and may make sales as
8authorized under subsection (e) of Section 6-4 of this Act.
9    Class 4. A first class wine-manufacturer may make sales and
10deliveries of up to 50,000 gallons of wine to manufacturers,
11importing distributors and distributors, and to no other
12licensees.
13    Class 5. A second class Wine manufacturer may make sales
14and deliveries of more than 50,000 gallons of wine to
15manufacturers, importing distributors and distributors and to
16no other licensees.
17    Class 6. A first-class wine-maker's license shall allow the
18manufacture of up to 50,000 gallons of wine per year, and the
19storage and sale of such wine to distributors in the State and
20to persons without the State, as may be permitted by law. A
21person who, prior to the effective date of this amendatory Act
22of the 95th General Assembly, is a holder of a first-class
23wine-maker's license and annually produces more than 25,000
24gallons of its own wine and who distributes its wine to
25licensed retailers shall cease this practice on or before July
261, 2008 in compliance with this amendatory Act of the 95th

 

 

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

 

 

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1Assembly was licensed as a distiller and manufactured no more
2spirits than permitted by this Section shall not be required to
3pay the initial licensing fee.
4    Class 10. A craft brewer's license, which may only be
5issued to a licensed brewer or licensed non-resident dealer,
6shall allow the manufacture of up to 465,000 gallons of beer
7per year. A craft brewer licensee may make sales and deliveries
8to importing distributors and distributors and to retail
9licensees in accordance with the conditions set forth in
10paragraph (18) of subsection (a) of Section 3-12 of this Act.
11    (a-1) A manufacturer which is licensed in this State to
12make sales or deliveries of alcoholic liquor and which enlists
13agents, representatives, or individuals acting on its behalf
14who contact licensed retailers on a regular and continual basis
15in this State must register those agents, representatives, or
16persons acting on its behalf with the State Commission.
17    Registration of agents, representatives, or persons acting
18on behalf of a manufacturer is fulfilled by submitting a form
19to the Commission. The form shall be developed by the
20Commission and shall include the name and address of the
21applicant, the name and address of the manufacturer he or she
22represents, the territory or areas assigned to sell to or
23discuss pricing terms of alcoholic liquor, and any other
24questions deemed appropriate and necessary. All statements in
25the forms required to be made by law or by rule shall be deemed
26material, and any person who knowingly misstates any material

 

 

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1fact under oath in an application is guilty of a Class B
2misdemeanor. Fraud, misrepresentation, false statements,
3misleading statements, evasions, or suppression of material
4facts in the securing of a registration are grounds for
5suspension or revocation of the registration.
6    (b) A distributor's license shall allow the wholesale
7purchase and storage of alcoholic liquors and sale of alcoholic
8liquors to licensees in this State and to persons without the
9State, as may be permitted by law.
10    (c) An importing distributor's license may be issued to and
11held by those only who are duly licensed distributors, upon the
12filing of an application by a duly licensed distributor, with
13the Commission and the Commission shall, without the payment of
14any fee, immediately issue such importing distributor's
15license to the applicant, which shall allow the importation of
16alcoholic liquor by the licensee into this State from any point
17in the United States outside this State, and the purchase of
18alcoholic liquor in barrels, casks or other bulk containers and
19the bottling of such alcoholic liquors before resale thereof,
20but all bottles or containers so filled shall be sealed,
21labeled, stamped and otherwise made to comply with all
22provisions, rules and regulations governing manufacturers in
23the preparation and bottling of alcoholic liquors. The
24importing distributor's license shall permit such licensee to
25purchase alcoholic liquor from Illinois licensed non-resident
26dealers and foreign importers only.

 

 

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1    (d) A retailer's license shall allow the licensee to sell
2and offer for sale at retail, only in the premises specified in
3the license, alcoholic liquor for use or consumption, but not
4for resale in any form. Nothing in this amendatory Act of the
595th General Assembly shall deny, limit, remove, or restrict
6the ability of a holder of a retailer's license to transfer,
7deliver, or ship alcoholic liquor to the purchaser for use or
8consumption subject to any applicable local law or ordinance.
9Any retail license issued to a manufacturer shall only permit
10the manufacturer to sell beer at retail on the premises
11actually occupied by the manufacturer. For the purpose of
12further describing the type of business conducted at a retail
13licensed premises, a retailer's licensee may be designated by
14the State Commission as (i) an on premise consumption retailer,
15(ii) an off premise sale retailer, or (iii) a combined on
16premise consumption and off premise sale retailer.
17    Notwithstanding any other provision of this subsection
18(d), a retail licensee may sell alcoholic liquors to a special
19event retailer licensee for resale to the extent permitted
20under subsection (e).
21    (e) A special event retailer's license (not-for-profit)
22shall permit the licensee to purchase alcoholic liquors from an
23Illinois licensed distributor (unless the licensee purchases
24less than $500 of alcoholic liquors for the special event, in
25which case the licensee may purchase the alcoholic liquors from
26a licensed retailer) and shall allow the licensee to sell and

 

 

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1offer for sale, at retail, alcoholic liquors for use or
2consumption, but not for resale in any form and only at the
3location and on the specific dates designated for the special
4event in the license. An applicant for a special event retailer
5license must (i) furnish with the application: (A) a resale
6number issued under Section 2c of the Retailers' Occupation Tax
7Act or evidence that the applicant is registered under Section
82a of the Retailers' Occupation Tax Act, (B) a current, valid
9exemption identification number issued under Section 1g of the
10Retailers' Occupation Tax Act, and a certification to the
11Commission that the purchase of alcoholic liquors will be a
12tax-exempt purchase, or (C) a statement that the applicant is
13not registered under Section 2a of the Retailers' Occupation
14Tax Act, does not hold a resale number under Section 2c of the
15Retailers' Occupation Tax Act, and does not hold an exemption
16number under Section 1g of the Retailers' Occupation Tax Act,
17in which event the Commission shall set forth on the special
18event retailer's license a statement to that effect; (ii)
19submit with the application proof satisfactory to the State
20Commission that the applicant will provide dram shop liability
21insurance in the maximum limits; and (iii) show proof
22satisfactory to the State Commission that the applicant has
23obtained local authority approval.
24    (f) A railroad license shall permit the licensee to import
25alcoholic liquors into this State from any point in the United
26States outside this State and to store such alcoholic liquors

 

 

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1in this State; to make wholesale purchases of alcoholic liquors
2directly from manufacturers, foreign importers, distributors
3and importing distributors from within or outside this State;
4and to store such alcoholic liquors in this State; provided
5that the above powers may be exercised only in connection with
6the importation, purchase or storage of alcoholic liquors to be
7sold or dispensed on a club, buffet, lounge or dining car
8operated on an electric, gas or steam railway in this State;
9and provided further, that railroad licensees exercising the
10above powers shall be subject to all provisions of Article VIII
11of this Act as applied to importing distributors. A railroad
12license shall also permit the licensee to sell or dispense
13alcoholic liquors on any club, buffet, lounge or dining car
14operated on an electric, gas or steam railway regularly
15operated by a common carrier in this State, but shall not
16permit the sale for resale of any alcoholic liquors to any
17licensee within this State. A license shall be obtained for
18each car in which such sales are made.
19    (g) A boat license shall allow the sale of alcoholic liquor
20in individual drinks, on any passenger boat regularly operated
21as a common carrier on navigable waters in this State or on any
22riverboat operated under the Riverboat Gambling Act, which boat
23or riverboat maintains a public dining room or restaurant
24thereon.
25    (h) A non-beverage user's license shall allow the licensee
26to purchase alcoholic liquor from a licensed manufacturer or

 

 

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1importing distributor, without the imposition of any tax upon
2the business of such licensed manufacturer or importing
3distributor as to such alcoholic liquor to be used by such
4licensee solely for the non-beverage purposes set forth in
5subsection (a) of Section 8-1 of this Act, and such licenses
6shall be divided and classified and shall permit the purchase,
7possession and use of limited and stated quantities of
8alcoholic liquor as follows:
9Class 1, not to exceed ......................... 500 gallons
10Class 2, not to exceed ....................... 1,000 gallons
11Class 3, not to exceed ....................... 5,000 gallons
12Class 4, not to exceed ...................... 10,000 gallons
13Class 5, not to exceed ....................... 50,000 gallons
14    (i) A wine-maker's premises license shall allow a licensee
15that concurrently holds a first-class wine-maker's license to
16sell and offer for sale at retail in the premises specified in
17such license not more than 50,000 gallons of the first-class
18wine-maker's wine that is made at the first-class wine-maker's
19licensed premises per year for use or consumption, but not for
20resale in any form. A wine-maker's premises license shall allow
21a licensee who concurrently holds a second-class wine-maker's
22license to sell and offer for sale at retail in the premises
23specified in such license up to 100,000 gallons of the
24second-class wine-maker's wine that is made at the second-class
25wine-maker's licensed premises per year for use or consumption
26but not for resale in any form. A wine-maker's premises license

 

 

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1shall allow a licensee that concurrently holds a first-class
2wine-maker's license or a second-class wine-maker's license to
3sell and offer for sale at retail at the premises specified in
4the wine-maker's premises license, for use or consumption but
5not for resale in any form, any beer, wine, and spirits
6purchased from a licensed distributor. Upon approval from the
7State Commission, a wine-maker's premises license shall allow
8the licensee to sell and offer for sale at (i) the wine-maker's
9licensed premises and (ii) at up to 2 additional locations for
10use and consumption and not for resale. Each location shall
11require additional licensing per location as specified in
12Section 5-3 of this Act. A wine-maker's premises licensee shall
13secure liquor liability insurance coverage in an amount at
14least equal to the maximum liability amounts set forth in
15subsection (a) of Section 6-21 of this Act.
16    (j) An airplane license shall permit the licensee to import
17alcoholic liquors into this State from any point in the United
18States outside this State and to store such alcoholic liquors
19in this State; to make wholesale purchases of alcoholic liquors
20directly from manufacturers, foreign importers, distributors
21and importing distributors from within or outside this State;
22and to store such alcoholic liquors in this State; provided
23that the above powers may be exercised only in connection with
24the importation, purchase or storage of alcoholic liquors to be
25sold or dispensed on an airplane; and provided further, that
26airplane licensees exercising the above powers shall be subject

 

 

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1to all provisions of Article VIII of this Act as applied to
2importing distributors. An airplane licensee shall also permit
3the sale or dispensing of alcoholic liquors on any passenger
4airplane regularly operated by a common carrier in this State,
5but shall not permit the sale for resale of any alcoholic
6liquors to any licensee within this State. A single airplane
7license shall be required of an airline company if liquor
8service is provided on board aircraft in this State. The annual
9fee for such license shall be as determined in Section 5-3.
10    (k) A foreign importer's license shall permit such licensee
11to purchase alcoholic liquor from Illinois licensed
12non-resident dealers only, and to import alcoholic liquor other
13than in bulk from any point outside the United States and to
14sell such alcoholic liquor to Illinois licensed importing
15distributors and to no one else in Illinois; provided that (i)
16the foreign importer registers with the State Commission every
17brand of alcoholic liquor that it proposes to sell to Illinois
18licensees during the license period, (ii) the foreign importer
19complies with all of the provisions of Section 6-9 of this Act
20with respect to registration of such Illinois licensees as may
21be granted the right to sell such brands at wholesale, and
22(iii) the foreign importer complies with the provisions of
23Sections 6-5 and 6-6 of this Act to the same extent that these
24provisions apply to manufacturers.
25    (l) (i) A broker's license shall be required of all persons
26who solicit orders for, offer to sell or offer to supply

 

 

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1alcoholic liquor to retailers in the State of Illinois, or who
2offer to retailers to ship or cause to be shipped or to make
3contact with distillers, rectifiers, brewers or manufacturers
4or any other party within or without the State of Illinois in
5order that alcoholic liquors be shipped to a distributor,
6importing distributor or foreign importer, whether such
7solicitation or offer is consummated within or without the
8State of Illinois.
9    No holder of a retailer's license issued by the Illinois
10Liquor Control Commission shall purchase or receive any
11alcoholic liquor, the order for which was solicited or offered
12for sale to such retailer by a broker unless the broker is the
13holder of a valid broker's license.
14    The broker shall, upon the acceptance by a retailer of the
15broker's solicitation of an order or offer to sell or supply or
16deliver or have delivered alcoholic liquors, promptly forward
17to the Illinois Liquor Control Commission a notification of
18said transaction in such form as the Commission may by
19regulations prescribe.
20    (ii) A broker's license shall be required of a person
21within this State, other than a retail licensee, who, for a fee
22or commission, promotes, solicits, or accepts orders for
23alcoholic liquor, for use or consumption and not for resale, to
24be shipped from this State and delivered to residents outside
25of this State by an express company, common carrier, or
26contract carrier. This Section does not apply to any person who

 

 

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1promotes, solicits, or accepts orders for wine as specifically
2authorized in Section 6-29 of this Act.
3    A broker's license under this subsection (l) shall not
4entitle the holder to buy or sell any alcoholic liquors for his
5own account or to take or deliver title to such alcoholic
6liquors.
7    This subsection (l) shall not apply to distributors,
8employees of distributors, or employees of a manufacturer who
9has registered the trademark, brand or name of the alcoholic
10liquor pursuant to Section 6-9 of this Act, and who regularly
11sells such alcoholic liquor in the State of Illinois only to
12its registrants thereunder.
13    Any agent, representative, or person subject to
14registration pursuant to subsection (a-1) of this Section shall
15not be eligible to receive a broker's license.
16    (m) A non-resident dealer's license shall permit such
17licensee to ship into and warehouse alcoholic liquor into this
18State from any point outside of this State, and to sell such
19alcoholic liquor to Illinois licensed foreign importers and
20importing distributors and to no one else in this State;
21provided that (i) said non-resident dealer shall register with
22the Illinois Liquor Control Commission each and every brand of
23alcoholic liquor which it proposes to sell to Illinois
24licensees during the license period, (ii) it shall comply with
25all of the provisions of Section 6-9 hereof with respect to
26registration of such Illinois licensees as may be granted the

 

 

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1right to sell such brands at wholesale, and (iii) the
2non-resident dealer shall comply with the provisions of
3Sections 6-5 and 6-6 of this Act to the same extent that these
4provisions apply to manufacturers.
5    (n) A brew pub license shall allow the licensee (i) to
6manufacture beer only on the premises specified in the license,
7(ii) to make sales of the beer manufactured on the premises or,
8with the approval of the Commission, beer manufactured on
9another brew pub licensed premises that is substantially owned
10and operated by the same licensee to importing distributors,
11distributors, and to non-licensees for use and consumption,
12(iii) to store the beer upon the premises, and (iv) to sell and
13offer for sale at retail from the licensed premises, provided
14that a brew pub licensee shall not sell for off-premises
15consumption more than 50,000 gallons per year. A person who
16holds a brew pub license may simultaneously hold a craft brewer
17license if he or she otherwise qualifies for the craft brewer
18license and the craft brewer license is for a location separate
19from the brew pub's licensed premises. A brew pub license shall
20permit a person who has received prior approval from the
21Commission to annually transfer no more than a total of 50,000
22gallons of beer manufactured on premises to all other licensed
23brew pubs that are substantially owned and operated by the same
24person.
25    (o) A caterer retailer license shall allow the holder to
26serve alcoholic liquors as an incidental part of a food service

 

 

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

 

 

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1maximum limits and have local authority approval.
2    An applicant for a special use permit license must also
3submit with the application to the State Commission a list of
4dates and locations of all events to be scheduled during the
512-month license period and proof satisfactory to the State
6Commission that the applicant will provide dram shop liability
7insurance to the maximum limits. If the date and location of an
8event is undetermined at the time of application, then the
9special use permit license holder shall submit to the State
10Commission the date and location of the additional event in a
11manner acceptable to the State Commission at least 7 days prior
12to the event, at which time the permit holder shall obtain an
13amended special use permit license.
14    The special use permit license holder shall obtain local
15authority approval for each use of the license. The special use
16permit license shall state: "THIS SPECIAL USE PERMIT LICENSE
17SHALL BE VOID IF THE NAMED HOLDER IS UNABLE TO OBTAIN AND
18PRODUCE ADEQUATE WRITTEN PROOF THAT ALCOHOLIC BEVERAGE SALES BY
19THE PERMIT HOLDER HAVE BEEN AUTHORIZED BY THE LOCAL LIQUOR
20LICENSING AUTHORITY.". The State Commission may issue a special
21use permit license prior to local authority approval. State
22Commission approval of the special use permit license does not
23mandate local approval of alcoholic beverage sales at the
24event. A special use permit license shall allow the applicant
25to sell only its own alcoholic liquor.
26    (r) A winery shipper's license shall allow a person with a

 

 

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1first-class or second-class wine manufacturer's license, a
2first-class or second-class wine-maker's license, or a limited
3wine manufacturer's license or who is licensed to make wine
4under the laws of another state to ship wine made by that
5licensee directly to a resident of this State who is 21 years
6of age or older for that resident's personal use and not for
7resale. Prior to receiving a winery shipper's license, an
8applicant for the license must provide the Commission with a
9true copy of its current license in any state in which it is
10licensed as a manufacturer of wine. An applicant for a winery
11shipper's license must also complete an application form that
12provides any other information the Commission deems necessary.
13The application form shall include an acknowledgement
14consenting to the jurisdiction of the Commission, the Illinois
15Department of Revenue, and the courts of this State concerning
16the enforcement of this Act and any related laws, rules, and
17regulations, including authorizing the Department of Revenue
18and the Commission to conduct audits for the purpose of
19ensuring compliance with this amendatory Act.
20    A winery shipper licensee must pay to the Department of
21Revenue the State liquor gallonage tax under Section 8-1 for
22all wine that is sold by the licensee and shipped to a person
23in this State. For the purposes of Section 8-1, a winery
24shipper licensee shall be taxed in the same manner as a
25manufacturer of wine. A licensee who is not otherwise required
26to register under the Retailers' Occupation Tax Act must

 

 

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1register under the Use Tax Act to collect and remit use tax to
2the Department of Revenue for all gallons of wine that are sold
3by the licensee and shipped to persons in this State. If a
4licensee fails to remit the tax imposed under this Act in
5accordance with the provisions of Article VIII of this Act, the
6winery shipper's license shall be revoked in accordance with
7the provisions of Article VII of this Act. If a licensee fails
8to properly register and remit tax under the Use Tax Act or the
9Retailers' Occupation Tax Act for all wine that is sold by the
10winery shipper and shipped to persons in this State, the winery
11shipper's license shall be revoked in accordance with the
12provisions of Article VII of this Act.
13    A winery shipper licensee must collect, maintain, and
14submit to the Commission on a semi-annual basis the total
15number of cases per resident of wine shipped to residents of
16this State. A winery shipper licensed under this subsection (r)
17must comply with the requirements of Section 6-29 of this
18amendatory Act.
19(Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11; 97-455,
20eff. 8-19-11; revised 9-16-11.)
 
21    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
22    Sec. 5-3. License fees. Except as otherwise provided
23herein, at the time application is made to the State Commission
24for a license of any class, the applicant shall pay to the
25State Commission the fee hereinafter provided for the kind of

 

 

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1license applied for.
2    The fee for licenses issued by the State Commission shall
3be as follows:
4    For a manufacturer's license:
5    Class 1. Distiller .............................$3,600
6    Class 2. Rectifier .............................3,600
7    Class 3. Brewer ................................900
8    Class 4. First-class Wine Manufacturer .........600
9    Class 5. Second-class
10        Wine Manufacturer ..........................1,200
11    Class 6. First-class wine-maker ................600
12    Class 7. Second-class wine-maker ...............1200
13    Class 8. Limited Wine Manufacturer..............120
14    Class 9. Craft Distiller........................ 1,800
15    Class 10. Craft Brewer..........................25
16    For a Brew Pub License .........................1,050
17    For a caterer retailer's license................200
18    For a foreign importer's license ...............25
19    For an importing distributor's license .........25
20    For a distributor's license ....................270
21    For a non-resident dealer's license
22        (500,000 gallons or over) ..................270
23    For a non-resident dealer's license
24        (under 500,000 gallons) ....................90
25    For a wine-maker's premises license ............100
26    For a winery shipper's license

 

 

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

 

 

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

 

 

09700SB3456sam002- 23 -LRB097 17702 AJO 67462 a

1    their use of alcoholic liquor is exclusively medicinal,
2    mechanical or scientific.
3        (c) Laboratories when their use is exclusively for the
4    purpose of scientific research.
5(Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11.)".