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1 | | AN ACT concerning liquor.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Liquor Control Act of 1934 is amended by |
5 | | changing Sections 1-3.33, 1-3.38, 3-12, 5-1, 5-3, 6-4, 6-5, |
6 | | 6-6, and 6-36 and by adding Section 1-3.40 as follows:
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7 | | (235 ILCS 5/1-3.33)
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8 | | Sec. 1-3.33.
"Brew Pub" means a person who manufactures no |
9 | | more than 155,000 gallons of beer per year only at a
designated |
10 | | licensed premises to make sales to importing distributors, |
11 | | distributors,
and to non-licensees for use and consumption |
12 | | only, who stores beer
at the designated premises, and who is |
13 | | allowed to sell at retail from the
licensed premises, provided |
14 | | that a brew pub licensee shall not sell for
off-premises |
15 | | consumption more than 155,000 50,000 gallons per year. A person |
16 | | who holds a brew pub license may simultaneously hold a craft |
17 | | brewer license if he or she otherwise qualifies for the craft |
18 | | brewer license and the craft brewer license is for a location |
19 | | separate from the brew pub's licensed premises.
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20 | | (Source: P.A. 97-5, eff. 6-1-11.)
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21 | | (235 ILCS 5/1-3.38) |
22 | | Sec. 1-3.38. Class 1 brewer. " Class 1 Craft brewer" means a |
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1 | | person who is a holder of a licensed brewer license or licensed |
2 | | non-resident dealer license who manufactures up to 930,000 |
3 | | gallons of beer per year and who may make sales and deliveries |
4 | | to importing distributors and distributors and to retail |
5 | | licensees in accordance with the conditions set forth in |
6 | | paragraph (18) of subsection (a) of Section 3-12 of this Act.
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7 | | (Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13.) |
8 | | (235 ILCS 5/1-3.40 new) |
9 | | Sec. 1-3.40. Class 2 brewer. "Class 2 brewer" means a |
10 | | person who is a holder of a brewer license or non-resident |
11 | | dealer license who manufactures up to 3,720,000 gallons of beer |
12 | | per year for sale to a licensed importing distributor or |
13 | | distributor.
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14 | | (235 ILCS 5/3-12)
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15 | | (Text of Section before amendment by P.A. 98-939 ) |
16 | | Sec. 3-12. Powers and duties of State Commission.
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17 | | (a) The State commission shall have the following powers, |
18 | | functions, and
duties:
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19 | | (1) To receive applications and to issue licenses to |
20 | | manufacturers,
foreign importers, importing distributors, |
21 | | distributors, non-resident dealers,
on premise consumption |
22 | | retailers, off premise sale retailers, special event
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23 | | retailer licensees, special use permit licenses, auction |
24 | | liquor licenses, brew
pubs, caterer retailers, |
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1 | | non-beverage users, railroads, including owners and
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2 | | lessees of sleeping, dining and cafe cars, airplanes, |
3 | | boats, brokers, and wine
maker's premises licensees in |
4 | | accordance with the provisions of this Act, and
to suspend |
5 | | or revoke such licenses upon the State commission's |
6 | | determination,
upon notice after hearing, that a licensee |
7 | | has violated any provision of this
Act or any rule or |
8 | | regulation issued pursuant thereto and in effect for 30 |
9 | | days
prior to such violation. Except in the case of an |
10 | | action taken pursuant to a
violation of Section 6-3, 6-5, |
11 | | or 6-9, any action by the State Commission to
suspend or |
12 | | revoke a licensee's license may be limited to the license |
13 | | for the
specific premises where the violation occurred.
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14 | | In lieu of suspending or revoking a license, the |
15 | | commission may impose
a fine, upon the State commission's |
16 | | determination and notice after hearing,
that a licensee has |
17 | | violated any provision of this Act or any rule or
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18 | | regulation issued pursuant thereto and in effect for 30 |
19 | | days prior to such
violation. |
20 | | For the purpose of this paragraph (1), when determining |
21 | | multiple violations for the sale of alcohol to a person |
22 | | under the age of 21, a second or subsequent violation for |
23 | | the sale of alcohol to a person under the age of 21 shall |
24 | | only be considered if it was committed within 5 years after |
25 | | the date when a prior violation for the sale of alcohol to |
26 | | a person under the age of 21 was committed. |
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1 | | The fine imposed under this paragraph may not exceed |
2 | | $500 for each
violation. Each day that the activity, which |
3 | | gave rise to the original fine,
continues is a separate |
4 | | violation. The maximum fine that may be levied against
any |
5 | | licensee, for the period of the license, shall not exceed |
6 | | $20,000.
The maximum penalty that may be imposed on a |
7 | | licensee for selling a bottle of
alcoholic liquor with a |
8 | | foreign object in it or serving from a bottle of
alcoholic |
9 | | liquor with a foreign object in it shall be the destruction |
10 | | of that
bottle of alcoholic liquor for the first 10 bottles |
11 | | so sold or served from by
the licensee. For the eleventh |
12 | | bottle of alcoholic liquor and for each third
bottle |
13 | | thereafter sold or served from by the licensee with a |
14 | | foreign object in
it, the maximum penalty that may be |
15 | | imposed on the licensee is the destruction
of the bottle of |
16 | | alcoholic liquor and a fine of up to $50.
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17 | | (2) To adopt such rules and regulations consistent with |
18 | | the
provisions of this Act which shall be necessary to |
19 | | carry on its
functions and duties to the end that the |
20 | | health, safety and welfare of
the People of the State of |
21 | | Illinois shall be protected and temperance in
the |
22 | | consumption of alcoholic liquors shall be fostered and |
23 | | promoted and
to distribute copies of such rules and |
24 | | regulations to all licensees
affected thereby.
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25 | | (3) To call upon other administrative departments of |
26 | | the State,
county and municipal governments, county and |
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1 | | city police departments and
upon prosecuting officers for |
2 | | such information and assistance as it
deems necessary in |
3 | | the performance of its duties.
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4 | | (4) To recommend to local commissioners rules and |
5 | | regulations, not
inconsistent with the law, for the |
6 | | distribution and sale of alcoholic
liquors throughout the |
7 | | State.
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8 | | (5) To inspect, or cause to be inspected, any
premises |
9 | | in this State
where alcoholic liquors are manufactured, |
10 | | distributed, warehoused, or
sold. Nothing in this Act
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11 | | authorizes an agent of the Commission to inspect private
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12 | | areas within the premises without reasonable suspicion or a |
13 | | warrant
during an inspection. "Private areas" include, but |
14 | | are not limited to, safes, personal property, and closed |
15 | | desks.
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16 | | (5.1) Upon receipt of a complaint or upon having |
17 | | knowledge that any person
is engaged in business as a |
18 | | manufacturer, importing distributor, distributor,
or |
19 | | retailer without a license or valid license, to notify the |
20 | | local liquor
authority, file a complaint with the State's |
21 | | Attorney's Office of the county
where the incident |
22 | | occurred, or initiate an investigation with the |
23 | | appropriate
law enforcement officials.
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24 | | (5.2) To issue a cease and desist notice to persons |
25 | | shipping alcoholic
liquor
into this State from a point |
26 | | outside of this State if the shipment is in
violation of |
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1 | | this Act.
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2 | | (5.3) To receive complaints from licensees, local |
3 | | officials, law
enforcement agencies, organizations, and |
4 | | persons stating that any licensee has
been or is violating |
5 | | any provision of this Act or the rules and regulations
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6 | | issued pursuant to this Act. Such complaints shall be in |
7 | | writing, signed and
sworn to by the person making the |
8 | | complaint, and shall state with specificity
the facts in |
9 | | relation to the alleged violation. If the Commission has
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10 | | reasonable grounds to believe that the complaint |
11 | | substantially alleges a
violation of this Act or rules and |
12 | | regulations adopted pursuant to this Act, it
shall conduct |
13 | | an investigation. If, after conducting an investigation, |
14 | | the
Commission is satisfied that the alleged violation did |
15 | | occur, it shall proceed
with disciplinary action against |
16 | | the licensee as provided in this Act.
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17 | | (6) To hear and determine appeals from orders of a |
18 | | local commission
in accordance with the provisions of this |
19 | | Act, as hereinafter set forth.
Hearings under this |
20 | | subsection shall be held in Springfield or Chicago,
at |
21 | | whichever location is the more convenient for the majority |
22 | | of persons
who are parties to the hearing.
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23 | | (7) The commission shall establish uniform systems of |
24 | | accounts to be
kept by all retail licensees having more |
25 | | than 4 employees, and for this
purpose the commission may |
26 | | classify all retail licensees having more
than 4 employees |
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1 | | and establish a uniform system of accounts for each
class |
2 | | and prescribe the manner in which such accounts shall be |
3 | | kept.
The commission may also prescribe the forms of |
4 | | accounts to be kept by
all retail licensees having more |
5 | | than 4 employees, including but not
limited to accounts of |
6 | | earnings and expenses and any distribution,
payment, or |
7 | | other distribution of earnings or assets, and any other
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8 | | forms, records and memoranda which in the judgment of the |
9 | | commission may
be necessary or appropriate to carry out any |
10 | | of the provisions of this
Act, including but not limited to |
11 | | such forms, records and memoranda as
will readily and |
12 | | accurately disclose at all times the beneficial
ownership |
13 | | of such retail licensed business. The accounts, forms,
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14 | | records and memoranda shall be available at all reasonable |
15 | | times for
inspection by authorized representatives of the |
16 | | State commission or by
any local liquor control |
17 | | commissioner or his or her authorized representative.
The |
18 | | commission, may, from time to time, alter, amend or repeal, |
19 | | in whole
or in part, any uniform system of accounts, or the |
20 | | form and manner of
keeping accounts.
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21 | | (8) In the conduct of any hearing authorized to be held |
22 | | by the
commission, to appoint, at the commission's |
23 | | discretion, hearing officers
to conduct hearings involving |
24 | | complex issues or issues that will require a
protracted |
25 | | period of time to resolve, to examine, or cause to be |
26 | | examined,
under oath, any licensee, and to examine or cause |
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1 | | to be examined the books and
records
of such licensee; to |
2 | | hear testimony and take proof material for its
information |
3 | | in the discharge of its duties hereunder; to administer or
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4 | | cause to be administered oaths; for any such purpose to |
5 | | issue
subpoena or subpoenas to require the attendance of |
6 | | witnesses and the
production of books, which shall be |
7 | | effective in any part of this State, and
to adopt rules to |
8 | | implement its powers under this paragraph (8).
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9 | | Any Circuit Court may by order duly entered,
require |
10 | | the attendance of witnesses and the production of relevant |
11 | | books
subpoenaed by the State commission and the court may |
12 | | compel
obedience to its order by proceedings for contempt.
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13 | | (9) To investigate the administration of laws in |
14 | | relation to
alcoholic liquors in this and other states and |
15 | | any foreign countries,
and to recommend from time to time |
16 | | to the Governor and through him or
her to the legislature |
17 | | of this State, such amendments to this Act, if any, as
it |
18 | | may think desirable and as will serve to further the |
19 | | general broad
purposes contained in Section 1-2 hereof.
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20 | | (10) To adopt such rules and regulations consistent |
21 | | with the
provisions of this Act which shall be necessary |
22 | | for the control, sale or
disposition of alcoholic liquor |
23 | | damaged as a result of an accident, wreck,
flood, fire or |
24 | | other similar occurrence.
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25 | | (11) To develop industry educational programs related |
26 | | to responsible
serving and selling, particularly in the |
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1 | | areas of overserving consumers and
illegal underage |
2 | | purchasing and consumption of alcoholic beverages.
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3 | | (11.1) To license persons providing education and |
4 | | training to alcohol
beverage sellers and servers under the
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5 | | Beverage Alcohol Sellers and Servers
Education and |
6 | | Training (BASSET) programs and to develop and administer a |
7 | | public
awareness program in Illinois to reduce or eliminate |
8 | | the illegal purchase and
consumption of alcoholic beverage |
9 | | products by persons under the age of 21.
Application for a |
10 | | license shall be made on forms provided by the State
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11 | | Commission.
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12 | | (12) To develop and maintain a repository of license |
13 | | and regulatory
information.
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14 | | (13) On or before January 15, 1994, the Commission |
15 | | shall issue
a written report to the Governor and General |
16 | | Assembly that is to be based on a
comprehensive study of |
17 | | the impact on and implications for the State of Illinois
of |
18 | | Section 1926 of the Federal ADAMHA Reorganization Act of |
19 | | 1992 (Public Law
102-321). This study shall address the |
20 | | extent to which Illinois currently
complies with the |
21 | | provisions of P.L. 102-321 and the rules promulgated |
22 | | pursuant
thereto.
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23 | | As part of its report, the Commission shall provide the |
24 | | following essential
information:
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25 | | (i) the number of retail distributors of tobacco |
26 | | products, by type and
geographic area, in the State;
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1 | | (ii) the number of reported citations and |
2 | | successful convictions,
categorized by type and |
3 | | location of retail distributor, for violation of the
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4 | | Prevention of Tobacco Use by Minors and Sale and |
5 | | Distribution of Tobacco Products Act and the Smokeless
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6 | | Tobacco Limitation Act;
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7 | | (iii) the extent and nature of organized |
8 | | educational and governmental
activities that are |
9 | | intended to promote, encourage or otherwise secure
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10 | | compliance with any Illinois laws that prohibit the |
11 | | sale or distribution of
tobacco products to minors; and
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12 | | (iv) the level of access and availability of |
13 | | tobacco products to
individuals under the age of 18.
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14 | | To obtain the data necessary to comply with the |
15 | | provisions of P.L. 102-321
and the requirements of this |
16 | | report, the Commission shall conduct random,
unannounced |
17 | | inspections of a geographically and scientifically |
18 | | representative
sample of the State's retail tobacco |
19 | | distributors.
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20 | | The Commission shall consult with the Department of |
21 | | Public Health, the
Department of Human Services, the
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22 | | Illinois State Police and any
other executive branch |
23 | | agency, and private organizations that may have
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24 | | information relevant to this report.
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25 | | The Commission may contract with the Food and Drug |
26 | | Administration of the
U.S. Department of Health and Human |
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1 | | Services to conduct unannounced
investigations of Illinois |
2 | | tobacco vendors to determine compliance with federal
laws |
3 | | relating to the illegal sale of cigarettes and smokeless |
4 | | tobacco products
to persons under the age of 18.
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5 | | (14) On or before April 30, 2008 and every 2 years
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6 | | thereafter, the Commission shall present a written
report |
7 | | to the Governor and the General Assembly that shall
be |
8 | | based on a study of the impact of this amendatory Act of
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9 | | the 95th General Assembly on the business of soliciting,
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10 | | selling, and shipping wine from inside and outside of this
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11 | | State directly to residents of this State. As part of its
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12 | | report, the Commission shall provide all of the
following |
13 | | information: |
14 | | (A) The amount of State excise and sales tax
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15 | | revenues generated. |
16 | | (B) The amount of licensing fees received. |
17 | | (C) The number of cases of wine shipped from inside
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18 | | and outside of this State directly to residents of this
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19 | | State. |
20 | | (D) The number of alcohol compliance operations
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21 | | conducted. |
22 | | (E) The number of winery shipper's licenses
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23 | | issued. |
24 | | (F) The number of each of the following: reported
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25 | | violations; cease and desist notices issued by the
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26 | | Commission; notices of violations issued by
the |
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1 | | Commission and to the Department of Revenue;
and |
2 | | notices and complaints of violations to law
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3 | | enforcement officials, including, without limitation,
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4 | | the Illinois Attorney General and the U.S. Department
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5 | | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. |
6 | | (15) As a means to reduce the underage consumption of
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7 | | alcoholic liquors, the Commission shall conduct
alcohol |
8 | | compliance operations to investigate whether
businesses |
9 | | that are soliciting, selling, and shipping wine
from inside |
10 | | or outside of this State directly to residents
of this |
11 | | State are licensed by this State or are selling or
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12 | | attempting to sell wine to persons under 21 years of age in
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13 | | violation of this Act. |
14 | | (16) The Commission shall, in addition to
notifying any |
15 | | appropriate law enforcement agency, submit
notices of |
16 | | complaints or violations of Sections 6-29 and
6-29.1 by |
17 | | persons who do not hold a winery shipper's
license under |
18 | | this amendatory Act to the Illinois Attorney General and
to |
19 | | the U.S. Department of Treasury's Alcohol and Tobacco Tax |
20 | | and Trade Bureau. |
21 | | (17) (A) A person licensed to make wine under the laws |
22 | | of another state who has a winery shipper's license under |
23 | | this amendatory Act and annually produces less than 25,000 |
24 | | gallons of wine or a person who has a first-class or |
25 | | second-class wine manufacturer's license, a first-class or |
26 | | second-class wine-maker's license, or a limited wine |
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1 | | manufacturer's license under this Act and annually |
2 | | produces less than 25,000 gallons of wine may make |
3 | | application to the Commission for a self-distribution |
4 | | exemption to allow the sale of not more than 5,000 gallons |
5 | | of the exemption holder's wine to retail licensees per |
6 | | year. |
7 | | (B) In the application, which shall be sworn under |
8 | | penalty of perjury, such person shall state (1) the |
9 | | date it was established; (2) its volume of production |
10 | | and sales for each year since its establishment; (3) |
11 | | its efforts to establish distributor relationships; |
12 | | (4) that a self-distribution exemption is necessary to |
13 | | facilitate the marketing of its wine; and (5) that it |
14 | | will comply with the liquor and revenue laws of the |
15 | | United States, this State, and any other state where it |
16 | | is licensed. |
17 | | (C) The Commission shall approve the application |
18 | | for a self-distribution exemption if such person: (1) |
19 | | is in compliance with State revenue and liquor laws; |
20 | | (2) is not a member of any affiliated group that |
21 | | produces more than 25,000 gallons of wine per annum or |
22 | | produces any other alcoholic liquor; (3) will not |
23 | | annually produce for sale more than 25,000 gallons of |
24 | | wine; and (4) will not annually sell more than 5,000 |
25 | | gallons of its wine to retail licensees. |
26 | | (D) A self-distribution exemption holder shall |
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1 | | annually certify to the Commission its production of |
2 | | wine in the previous 12 months and its anticipated |
3 | | production and sales for the next 12 months. The |
4 | | Commission may fine, suspend, or revoke a |
5 | | self-distribution exemption after a hearing if it |
6 | | finds that the exemption holder has made a material |
7 | | misrepresentation in its application, violated a |
8 | | revenue or liquor law of Illinois, exceeded production |
9 | | of 25,000 gallons of wine in any calendar year, or |
10 | | become part of an affiliated group producing more than |
11 | | 25,000 gallons of wine or any other alcoholic liquor. |
12 | | (E) Except in hearings for violations of this Act |
13 | | or amendatory Act or a bona fide investigation by duly |
14 | | sworn law enforcement officials, the Commission, or |
15 | | its agents, the Commission shall maintain the |
16 | | production and sales information of a |
17 | | self-distribution exemption holder as confidential and |
18 | | shall not release such information to any person. |
19 | | (F) The Commission shall issue regulations |
20 | | governing self-distribution exemptions consistent with |
21 | | this Section and this Act. |
22 | | (G) Nothing in this subsection (17) shall prohibit |
23 | | a self-distribution exemption holder from entering |
24 | | into or simultaneously having a distribution agreement |
25 | | with a licensed Illinois distributor. |
26 | | (H) It is the intent of this subsection (17) to |
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1 | | promote and continue orderly markets. The General |
2 | | Assembly finds that in order to preserve Illinois' |
3 | | regulatory distribution system it is necessary to |
4 | | create an exception for smaller makers of wine as their |
5 | | wines are frequently adjusted in varietals, mixes, |
6 | | vintages, and taste to find and create market niches |
7 | | sometimes too small for distributor or importing |
8 | | distributor business strategies. Limited |
9 | | self-distribution rights will afford and allow smaller |
10 | | makers of wine access to the marketplace in order to |
11 | | develop a customer base without impairing the |
12 | | integrity of the 3-tier system.
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13 | | (18) (A) A class 1 craft brewer licensee, who must also |
14 | | be either a licensed brewer or licensed non-resident dealer |
15 | | and annually manufacture less than 930,000 gallons of beer, |
16 | | may make application to the State Commission for a |
17 | | self-distribution exemption to allow the sale of not more |
18 | | than 232,500 gallons of the exemption holder's beer to |
19 | | retail licensees per year. |
20 | | (B) In the application, which shall be sworn under |
21 | | penalty of perjury, the class 1 craft brewer licensee |
22 | | shall state (1) the date it was established; (2) its |
23 | | volume of beer manufactured and sold for each year |
24 | | since its establishment; (3) its efforts to establish |
25 | | distributor relationships; (4) that a |
26 | | self-distribution exemption is necessary to facilitate |
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1 | | the marketing of its beer; and (5) that it will comply |
2 | | with the alcoholic beverage and revenue laws of the |
3 | | United States, this State, and any other state where it |
4 | | is licensed. |
5 | | (C) Any application submitted shall be posted on |
6 | | the State Commission's website at least 45 days prior |
7 | | to action by the State Commission. The State Commission |
8 | | shall approve the application for a self-distribution |
9 | | exemption if the class 1 craft brewer licensee: (1) is |
10 | | in compliance with the State, revenue, and alcoholic |
11 | | beverage laws; (2) is not a member of any affiliated |
12 | | group that manufacturers more than 930,000 gallons of |
13 | | beer per annum or produces any other alcoholic |
14 | | beverages; (3) shall not annually manufacture for sale |
15 | | more than 930,000 gallons of beer; and (4) shall not |
16 | | annually sell more than 232,500 gallons of its beer to |
17 | | retail licensees ; and (5) has relinquished any brew pub |
18 | | license held by the licensee, including any ownership |
19 | | interest held in the licensed brew pub . |
20 | | (D) A self-distribution exemption holder shall |
21 | | annually certify to the State Commission its |
22 | | manufacture of beer during the previous 12 months and |
23 | | its anticipated manufacture and sales of beer for the |
24 | | next 12 months. The State Commission may fine, suspend, |
25 | | or revoke a self-distribution exemption after a |
26 | | hearing if it finds that the exemption holder has made |
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1 | | a material misrepresentation in its application, |
2 | | violated a revenue or alcoholic beverage law of |
3 | | Illinois, exceeded the manufacture of 930,000 gallons |
4 | | of beer in any calendar year or became part of an |
5 | | affiliated group manufacturing more than 930,000 |
6 | | gallons of beer or any other alcoholic beverage. |
7 | | (E) The State Commission shall issue rules and |
8 | | regulations governing self-distribution exemptions |
9 | | consistent with this Act. |
10 | | (F) Nothing in this paragraph (18) shall prohibit a |
11 | | self-distribution exemption holder from entering into |
12 | | or simultaneously having a distribution agreement with |
13 | | a licensed Illinois importing distributor or a |
14 | | distributor. If a self-distribution exemption holder |
15 | | enters into a distribution agreement and has assigned |
16 | | distribution rights to an importing distributor or |
17 | | distributor, then the self-distribution exemption |
18 | | holder's distribution rights in the assigned |
19 | | territories shall cease in a reasonable time not to |
20 | | exceed 60 days. |
21 | | (G) It is the intent of this paragraph (18) to |
22 | | promote and continue orderly markets. The General |
23 | | Assembly finds that in order to preserve Illinois' |
24 | | regulatory distribution system, it is necessary to |
25 | | create an exception for smaller manufacturers in order |
26 | | to afford and allow such smaller manufacturers of beer |
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1 | | access to the marketplace in order to develop a |
2 | | customer base without impairing the integrity of the |
3 | | 3-tier system. |
4 | | (b) On or before April 30, 1999, the Commission shall |
5 | | present a written
report to the Governor and the General |
6 | | Assembly that shall be based on a study
of the impact of this |
7 | | amendatory Act of 1998 on the business of soliciting,
selling, |
8 | | and shipping
alcoholic liquor from outside of this State |
9 | | directly to residents of this
State.
|
10 | | As part of its report, the Commission shall provide the |
11 | | following
information:
|
12 | | (i) the amount of State excise and sales tax revenues |
13 | | generated as a
result of this amendatory Act of 1998;
|
14 | | (ii) the amount of licensing fees received as a result |
15 | | of this amendatory
Act of 1998;
|
16 | | (iii) the number of reported violations, the number of |
17 | | cease and desist
notices issued by the Commission, the |
18 | | number of notices of violations issued
to the Department of |
19 | | Revenue, and the number of notices and complaints of
|
20 | | violations to law enforcement officials.
|
21 | | (Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13; 98-941, |
22 | | eff. 1-1-15.)
|
23 | | (Text of Section after amendment by P.A. 98-939 )
|
24 | | Sec. 3-12. Powers and duties of State Commission.
|
25 | | (a) The State commission shall have the following powers, |
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1 | | functions, and
duties:
|
2 | | (1) To receive applications and to issue licenses to |
3 | | manufacturers,
foreign importers, importing distributors, |
4 | | distributors, non-resident dealers,
on premise consumption |
5 | | retailers, off premise sale retailers, special event
|
6 | | retailer licensees, special use permit licenses, auction |
7 | | liquor licenses, brew
pubs, caterer retailers, |
8 | | non-beverage users, railroads, including owners and
|
9 | | lessees of sleeping, dining and cafe cars, airplanes, |
10 | | boats, brokers, and wine
maker's premises licensees in |
11 | | accordance with the provisions of this Act, and
to suspend |
12 | | or revoke such licenses upon the State commission's |
13 | | determination,
upon notice after hearing, that a licensee |
14 | | has violated any provision of this
Act or any rule or |
15 | | regulation issued pursuant thereto and in effect for 30 |
16 | | days
prior to such violation. Except in the case of an |
17 | | action taken pursuant to a
violation of Section 6-3, 6-5, |
18 | | or 6-9, any action by the State Commission to
suspend or |
19 | | revoke a licensee's license may be limited to the license |
20 | | for the
specific premises where the violation occurred.
|
21 | | In lieu of suspending or revoking a license, the |
22 | | commission may impose
a fine, upon the State commission's |
23 | | determination and notice after hearing,
that a licensee has |
24 | | violated any provision of this Act or any rule or
|
25 | | regulation issued pursuant thereto and in effect for 30 |
26 | | days prior to such
violation. |
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1 | | For the purpose of this paragraph (1), when determining |
2 | | multiple violations for the sale of alcohol to a person |
3 | | under the age of 21, a second or subsequent violation for |
4 | | the sale of alcohol to a person under the age of 21 shall |
5 | | only be considered if it was committed within 5 years after |
6 | | the date when a prior violation for the sale of alcohol to |
7 | | a person under the age of 21 was committed. |
8 | | The fine imposed under this paragraph may not exceed |
9 | | $500 for each
violation. Each day that the activity, which |
10 | | gave rise to the original fine,
continues is a separate |
11 | | violation. The maximum fine that may be levied against
any |
12 | | licensee, for the period of the license, shall not exceed |
13 | | $20,000.
The maximum penalty that may be imposed on a |
14 | | licensee for selling a bottle of
alcoholic liquor with a |
15 | | foreign object in it or serving from a bottle of
alcoholic |
16 | | liquor with a foreign object in it shall be the destruction |
17 | | of that
bottle of alcoholic liquor for the first 10 bottles |
18 | | so sold or served from by
the licensee. For the eleventh |
19 | | bottle of alcoholic liquor and for each third
bottle |
20 | | thereafter sold or served from by the licensee with a |
21 | | foreign object in
it, the maximum penalty that may be |
22 | | imposed on the licensee is the destruction
of the bottle of |
23 | | alcoholic liquor and a fine of up to $50.
|
24 | | (2) To adopt such rules and regulations consistent with |
25 | | the
provisions of this Act which shall be necessary to |
26 | | carry on its
functions and duties to the end that the |
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1 | | health, safety and welfare of
the People of the State of |
2 | | Illinois shall be protected and temperance in
the |
3 | | consumption of alcoholic liquors shall be fostered and |
4 | | promoted and
to distribute copies of such rules and |
5 | | regulations to all licensees
affected thereby.
|
6 | | (3) To call upon other administrative departments of |
7 | | the State,
county and municipal governments, county and |
8 | | city police departments and
upon prosecuting officers for |
9 | | such information and assistance as it
deems necessary in |
10 | | the performance of its duties.
|
11 | | (4) To recommend to local commissioners rules and |
12 | | regulations, not
inconsistent with the law, for the |
13 | | distribution and sale of alcoholic
liquors throughout the |
14 | | State.
|
15 | | (5) To inspect, or cause to be inspected, any
premises |
16 | | in this State
where alcoholic liquors are manufactured, |
17 | | distributed, warehoused, or
sold. Nothing in this Act
|
18 | | authorizes an agent of the Commission to inspect private
|
19 | | areas within the premises without reasonable suspicion or a |
20 | | warrant
during an inspection. "Private areas" include, but |
21 | | are not limited to, safes, personal property, and closed |
22 | | desks.
|
23 | | (5.1) Upon receipt of a complaint or upon having |
24 | | knowledge that any person
is engaged in business as a |
25 | | manufacturer, importing distributor, distributor,
or |
26 | | retailer without a license or valid license, to notify the |
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1 | | local liquor
authority, file a complaint with the State's |
2 | | Attorney's Office of the county
where the incident |
3 | | occurred, or initiate an investigation with the |
4 | | appropriate
law enforcement officials.
|
5 | | (5.2) To issue a cease and desist notice to persons |
6 | | shipping alcoholic
liquor
into this State from a point |
7 | | outside of this State if the shipment is in
violation of |
8 | | this Act.
|
9 | | (5.3) To receive complaints from licensees, local |
10 | | officials, law
enforcement agencies, organizations, and |
11 | | persons stating that any licensee has
been or is violating |
12 | | any provision of this Act or the rules and regulations
|
13 | | issued pursuant to this Act. Such complaints shall be in |
14 | | writing, signed and
sworn to by the person making the |
15 | | complaint, and shall state with specificity
the facts in |
16 | | relation to the alleged violation. If the Commission has
|
17 | | reasonable grounds to believe that the complaint |
18 | | substantially alleges a
violation of this Act or rules and |
19 | | regulations adopted pursuant to this Act, it
shall conduct |
20 | | an investigation. If, after conducting an investigation, |
21 | | the
Commission is satisfied that the alleged violation did |
22 | | occur, it shall proceed
with disciplinary action against |
23 | | the licensee as provided in this Act.
|
24 | | (6) To hear and determine appeals from orders of a |
25 | | local commission
in accordance with the provisions of this |
26 | | Act, as hereinafter set forth.
Hearings under this |
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1 | | subsection shall be held in Springfield or Chicago,
at |
2 | | whichever location is the more convenient for the majority |
3 | | of persons
who are parties to the hearing.
|
4 | | (7) The commission shall establish uniform systems of |
5 | | accounts to be
kept by all retail licensees having more |
6 | | than 4 employees, and for this
purpose the commission may |
7 | | classify all retail licensees having more
than 4 employees |
8 | | and establish a uniform system of accounts for each
class |
9 | | and prescribe the manner in which such accounts shall be |
10 | | kept.
The commission may also prescribe the forms of |
11 | | accounts to be kept by
all retail licensees having more |
12 | | than 4 employees, including but not
limited to accounts of |
13 | | earnings and expenses and any distribution,
payment, or |
14 | | other distribution of earnings or assets, and any other
|
15 | | forms, records and memoranda which in the judgment of the |
16 | | commission may
be necessary or appropriate to carry out any |
17 | | of the provisions of this
Act, including but not limited to |
18 | | such forms, records and memoranda as
will readily and |
19 | | accurately disclose at all times the beneficial
ownership |
20 | | of such retail licensed business. The accounts, forms,
|
21 | | records and memoranda shall be available at all reasonable |
22 | | times for
inspection by authorized representatives of the |
23 | | State commission or by
any local liquor control |
24 | | commissioner or his or her authorized representative.
The |
25 | | commission, may, from time to time, alter, amend or repeal, |
26 | | in whole
or in part, any uniform system of accounts, or the |
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1 | | form and manner of
keeping accounts.
|
2 | | (8) In the conduct of any hearing authorized to be held |
3 | | by the
commission, to appoint, at the commission's |
4 | | discretion, hearing officers
to conduct hearings involving |
5 | | complex issues or issues that will require a
protracted |
6 | | period of time to resolve, to examine, or cause to be |
7 | | examined,
under oath, any licensee, and to examine or cause |
8 | | to be examined the books and
records
of such licensee; to |
9 | | hear testimony and take proof material for its
information |
10 | | in the discharge of its duties hereunder; to administer or
|
11 | | cause to be administered oaths; for any such purpose to |
12 | | issue
subpoena or subpoenas to require the attendance of |
13 | | witnesses and the
production of books, which shall be |
14 | | effective in any part of this State, and
to adopt rules to |
15 | | implement its powers under this paragraph (8).
|
16 | | Any Circuit Court may by order duly entered,
require |
17 | | the attendance of witnesses and the production of relevant |
18 | | books
subpoenaed by the State commission and the court may |
19 | | compel
obedience to its order by proceedings for contempt.
|
20 | | (9) To investigate the administration of laws in |
21 | | relation to
alcoholic liquors in this and other states and |
22 | | any foreign countries,
and to recommend from time to time |
23 | | to the Governor and through him or
her to the legislature |
24 | | of this State, such amendments to this Act, if any, as
it |
25 | | may think desirable and as will serve to further the |
26 | | general broad
purposes contained in Section 1-2 hereof.
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1 | | (10) To adopt such rules and regulations consistent |
2 | | with the
provisions of this Act which shall be necessary |
3 | | for the control, sale or
disposition of alcoholic liquor |
4 | | damaged as a result of an accident, wreck,
flood, fire or |
5 | | other similar occurrence.
|
6 | | (11) To develop industry educational programs related |
7 | | to responsible
serving and selling, particularly in the |
8 | | areas of overserving consumers and
illegal underage |
9 | | purchasing and consumption of alcoholic beverages.
|
10 | | (11.1) To license persons providing education and |
11 | | training to alcohol
beverage sellers and servers for |
12 | | mandatory and non-mandatory training under the
Beverage |
13 | | Alcohol Sellers and Servers
Education and Training |
14 | | (BASSET) programs and to develop and administer a public
|
15 | | awareness program in Illinois to reduce or eliminate the |
16 | | illegal purchase and
consumption of alcoholic beverage |
17 | | products by persons under the age of 21.
Application for a |
18 | | license shall be made on forms provided by the State
|
19 | | Commission.
|
20 | | (12) To develop and maintain a repository of license |
21 | | and regulatory
information.
|
22 | | (13) On or before January 15, 1994, the Commission |
23 | | shall issue
a written report to the Governor and General |
24 | | Assembly that is to be based on a
comprehensive study of |
25 | | the impact on and implications for the State of Illinois
of |
26 | | Section 1926 of the Federal ADAMHA Reorganization Act of |
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1 | | 1992 (Public Law
102-321). This study shall address the |
2 | | extent to which Illinois currently
complies with the |
3 | | provisions of P.L. 102-321 and the rules promulgated |
4 | | pursuant
thereto.
|
5 | | As part of its report, the Commission shall provide the |
6 | | following essential
information:
|
7 | | (i) the number of retail distributors of tobacco |
8 | | products, by type and
geographic area, in the State;
|
9 | | (ii) the number of reported citations and |
10 | | successful convictions,
categorized by type and |
11 | | location of retail distributor, for violation of the
|
12 | | Prevention of Tobacco Use by Minors and Sale and |
13 | | Distribution of Tobacco Products Act and the Smokeless
|
14 | | Tobacco Limitation Act;
|
15 | | (iii) the extent and nature of organized |
16 | | educational and governmental
activities that are |
17 | | intended to promote, encourage or otherwise secure
|
18 | | compliance with any Illinois laws that prohibit the |
19 | | sale or distribution of
tobacco products to minors; and
|
20 | | (iv) the level of access and availability of |
21 | | tobacco products to
individuals under the age of 18.
|
22 | | To obtain the data necessary to comply with the |
23 | | provisions of P.L. 102-321
and the requirements of this |
24 | | report, the Commission shall conduct random,
unannounced |
25 | | inspections of a geographically and scientifically |
26 | | representative
sample of the State's retail tobacco |
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1 | | distributors.
|
2 | | The Commission shall consult with the Department of |
3 | | Public Health, the
Department of Human Services, the
|
4 | | Illinois State Police and any
other executive branch |
5 | | agency, and private organizations that may have
|
6 | | information relevant to this report.
|
7 | | The Commission may contract with the Food and Drug |
8 | | Administration of the
U.S. Department of Health and Human |
9 | | Services to conduct unannounced
investigations of Illinois |
10 | | tobacco vendors to determine compliance with federal
laws |
11 | | relating to the illegal sale of cigarettes and smokeless |
12 | | tobacco products
to persons under the age of 18.
|
13 | | (14) On or before April 30, 2008 and every 2 years
|
14 | | thereafter, the Commission shall present a written
report |
15 | | to the Governor and the General Assembly that shall
be |
16 | | based on a study of the impact of this amendatory Act of
|
17 | | the 95th General Assembly on the business of soliciting,
|
18 | | selling, and shipping wine from inside and outside of this
|
19 | | State directly to residents of this State. As part of its
|
20 | | report, the Commission shall provide all of the
following |
21 | | information: |
22 | | (A) The amount of State excise and sales tax
|
23 | | revenues generated. |
24 | | (B) The amount of licensing fees received. |
25 | | (C) The number of cases of wine shipped from inside
|
26 | | and outside of this State directly to residents of this
|
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1 | | State. |
2 | | (D) The number of alcohol compliance operations
|
3 | | conducted. |
4 | | (E) The number of winery shipper's licenses
|
5 | | issued. |
6 | | (F) The number of each of the following: reported
|
7 | | violations; cease and desist notices issued by the
|
8 | | Commission; notices of violations issued by
the |
9 | | Commission and to the Department of Revenue;
and |
10 | | notices and complaints of violations to law
|
11 | | enforcement officials, including, without limitation,
|
12 | | the Illinois Attorney General and the U.S. Department
|
13 | | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. |
14 | | (15) As a means to reduce the underage consumption of
|
15 | | alcoholic liquors, the Commission shall conduct
alcohol |
16 | | compliance operations to investigate whether
businesses |
17 | | that are soliciting, selling, and shipping wine
from inside |
18 | | or outside of this State directly to residents
of this |
19 | | State are licensed by this State or are selling or
|
20 | | attempting to sell wine to persons under 21 years of age in
|
21 | | violation of this Act. |
22 | | (16) The Commission shall, in addition to
notifying any |
23 | | appropriate law enforcement agency, submit
notices of |
24 | | complaints or violations of Sections 6-29 and
6-29.1 by |
25 | | persons who do not hold a winery shipper's
license under |
26 | | this amendatory Act to the Illinois Attorney General and
to |
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1 | | the U.S. Department of Treasury's Alcohol and Tobacco Tax |
2 | | and Trade Bureau. |
3 | | (17) (A) A person licensed to make wine under the laws |
4 | | of another state who has a winery shipper's license under |
5 | | this amendatory Act and annually produces less than 25,000 |
6 | | gallons of wine or a person who has a first-class or |
7 | | second-class wine manufacturer's license, a first-class or |
8 | | second-class wine-maker's license, or a limited wine |
9 | | manufacturer's license under this Act and annually |
10 | | produces less than 25,000 gallons of wine may make |
11 | | application to the Commission for a self-distribution |
12 | | exemption to allow the sale of not more than 5,000 gallons |
13 | | of the exemption holder's wine to retail licensees per |
14 | | year. |
15 | | (B) In the application, which shall be sworn under |
16 | | penalty of perjury, such person shall state (1) the |
17 | | date it was established; (2) its volume of production |
18 | | and sales for each year since its establishment; (3) |
19 | | its efforts to establish distributor relationships; |
20 | | (4) that a self-distribution exemption is necessary to |
21 | | facilitate the marketing of its wine; and (5) that it |
22 | | will comply with the liquor and revenue laws of the |
23 | | United States, this State, and any other state where it |
24 | | is licensed. |
25 | | (C) The Commission shall approve the application |
26 | | for a self-distribution exemption if such person: (1) |
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1 | | is in compliance with State revenue and liquor laws; |
2 | | (2) is not a member of any affiliated group that |
3 | | produces more than 25,000 gallons of wine per annum or |
4 | | produces any other alcoholic liquor; (3) will not |
5 | | annually produce for sale more than 25,000 gallons of |
6 | | wine; and (4) will not annually sell more than 5,000 |
7 | | gallons of its wine to retail licensees. |
8 | | (D) A self-distribution exemption holder shall |
9 | | annually certify to the Commission its production of |
10 | | wine in the previous 12 months and its anticipated |
11 | | production and sales for the next 12 months. The |
12 | | Commission may fine, suspend, or revoke a |
13 | | self-distribution exemption after a hearing if it |
14 | | finds that the exemption holder has made a material |
15 | | misrepresentation in its application, violated a |
16 | | revenue or liquor law of Illinois, exceeded production |
17 | | of 25,000 gallons of wine in any calendar year, or |
18 | | become part of an affiliated group producing more than |
19 | | 25,000 gallons of wine or any other alcoholic liquor. |
20 | | (E) Except in hearings for violations of this Act |
21 | | or amendatory Act or a bona fide investigation by duly |
22 | | sworn law enforcement officials, the Commission, or |
23 | | its agents, the Commission shall maintain the |
24 | | production and sales information of a |
25 | | self-distribution exemption holder as confidential and |
26 | | shall not release such information to any person. |
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1 | | (F) The Commission shall issue regulations |
2 | | governing self-distribution exemptions consistent with |
3 | | this Section and this Act. |
4 | | (G) Nothing in this subsection (17) shall prohibit |
5 | | a self-distribution exemption holder from entering |
6 | | into or simultaneously having a distribution agreement |
7 | | with a licensed Illinois distributor. |
8 | | (H) It is the intent of this subsection (17) to |
9 | | promote and continue orderly markets. The General |
10 | | Assembly finds that in order to preserve Illinois' |
11 | | regulatory distribution system it is necessary to |
12 | | create an exception for smaller makers of wine as their |
13 | | wines are frequently adjusted in varietals, mixes, |
14 | | vintages, and taste to find and create market niches |
15 | | sometimes too small for distributor or importing |
16 | | distributor business strategies. Limited |
17 | | self-distribution rights will afford and allow smaller |
18 | | makers of wine access to the marketplace in order to |
19 | | develop a customer base without impairing the |
20 | | integrity of the 3-tier system.
|
21 | | (18) (A) A class 1 craft brewer licensee, who must also |
22 | | be either a licensed brewer or licensed non-resident dealer |
23 | | and annually manufacture less than 930,000 gallons of beer, |
24 | | may make application to the State Commission for a |
25 | | self-distribution exemption to allow the sale of not more |
26 | | than 232,500 gallons of the exemption holder's beer to |
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1 | | retail licensees per year. |
2 | | (B) In the application, which shall be sworn under |
3 | | penalty of perjury, the class 1 craft brewer licensee |
4 | | shall state (1) the date it was established; (2) its |
5 | | volume of beer manufactured and sold for each year |
6 | | since its establishment; (3) its efforts to establish |
7 | | distributor relationships; (4) that a |
8 | | self-distribution exemption is necessary to facilitate |
9 | | the marketing of its beer; and (5) that it will comply |
10 | | with the alcoholic beverage and revenue laws of the |
11 | | United States, this State, and any other state where it |
12 | | is licensed. |
13 | | (C) Any application submitted shall be posted on |
14 | | the State Commission's website at least 45 days prior |
15 | | to action by the State Commission. The State Commission |
16 | | shall approve the application for a self-distribution |
17 | | exemption if the class 1 craft brewer licensee: (1) is |
18 | | in compliance with the State, revenue, and alcoholic |
19 | | beverage laws; (2) is not a member of any affiliated |
20 | | group that manufacturers more than 930,000 gallons of |
21 | | beer per annum or produces any other alcoholic |
22 | | beverages; (3) shall not annually manufacture for sale |
23 | | more than 930,000 gallons of beer; and (4) shall not |
24 | | annually sell more than 232,500 gallons of its beer to |
25 | | retail licensees ; and (5) has relinquished any brew pub |
26 | | license held by the licensee, including any ownership |
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1 | | interest it held in the licensed brew pub . |
2 | | (D) A self-distribution exemption holder shall |
3 | | annually certify to the State Commission its |
4 | | manufacture of beer during the previous 12 months and |
5 | | its anticipated manufacture and sales of beer for the |
6 | | next 12 months. The State Commission may fine, suspend, |
7 | | or revoke a self-distribution exemption after a |
8 | | hearing if it finds that the exemption holder has made |
9 | | a material misrepresentation in its application, |
10 | | violated a revenue or alcoholic beverage law of |
11 | | Illinois, exceeded the manufacture of 930,000 gallons |
12 | | of beer in any calendar year or became part of an |
13 | | affiliated group manufacturing more than 930,000 |
14 | | gallons of beer or any other alcoholic beverage. |
15 | | (E) The State Commission shall issue rules and |
16 | | regulations governing self-distribution exemptions |
17 | | consistent with this Act. |
18 | | (F) Nothing in this paragraph (18) shall prohibit a |
19 | | self-distribution exemption holder from entering into |
20 | | or simultaneously having a distribution agreement with |
21 | | a licensed Illinois importing distributor or a |
22 | | distributor. If a self-distribution exemption holder |
23 | | enters into a distribution agreement and has assigned |
24 | | distribution rights to an importing distributor or |
25 | | distributor, then the self-distribution exemption |
26 | | holder's distribution rights in the assigned |
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1 | | territories shall cease in a reasonable time not to |
2 | | exceed 60 days. |
3 | | (G) It is the intent of this paragraph (18) to |
4 | | promote and continue orderly markets. The General |
5 | | Assembly finds that in order to preserve Illinois' |
6 | | regulatory distribution system, it is necessary to |
7 | | create an exception for smaller manufacturers in order |
8 | | to afford and allow such smaller manufacturers of beer |
9 | | access to the marketplace in order to develop a |
10 | | customer base without impairing the integrity of the |
11 | | 3-tier system. |
12 | | (b) On or before April 30, 1999, the Commission shall |
13 | | present a written
report to the Governor and the General |
14 | | Assembly that shall be based on a study
of the impact of this |
15 | | amendatory Act of 1998 on the business of soliciting,
selling, |
16 | | and shipping
alcoholic liquor from outside of this State |
17 | | directly to residents of this
State.
|
18 | | As part of its report, the Commission shall provide the |
19 | | following
information:
|
20 | | (i) the amount of State excise and sales tax revenues |
21 | | generated as a
result of this amendatory Act of 1998;
|
22 | | (ii) the amount of licensing fees received as a result |
23 | | of this amendatory
Act of 1998;
|
24 | | (iii) the number of reported violations, the number of |
25 | | cease and desist
notices issued by the Commission, the |
26 | | number of notices of violations issued
to the Department of |
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1 | | Revenue, and the number of notices and complaints of
|
2 | | violations to law enforcement officials.
|
3 | | (Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13; 98-939, |
4 | | eff. 7-1-15; 98-941, eff. 1-1-15; revised 10-6-14.) |
5 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) |
6 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control |
7 | | Commission
shall be of the following classes: |
8 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. |
9 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
|
10 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. |
11 | | First Class Winemaker, Class 7. Second Class Winemaker, Class |
12 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class |
13 | | 10. Class 1 Craft Brewer, Class 11. Class 2 Brewer, |
14 | | (b) Distributor's license, |
15 | | (c) Importing Distributor's license, |
16 | | (d) Retailer's license, |
17 | | (e) Special Event Retailer's license (not-for-profit), |
18 | | (f) Railroad license, |
19 | | (g) Boat license, |
20 | | (h) Non-Beverage User's license, |
21 | | (i) Wine-maker's premises license, |
22 | | (j) Airplane license, |
23 | | (k) Foreign importer's license, |
24 | | (l) Broker's license, |
25 | | (m) Non-resident dealer's
license, |
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1 | | (n) Brew Pub license, |
2 | | (o) Auction liquor license, |
3 | | (p) Caterer retailer license, |
4 | | (q) Special use permit license, |
5 | | (r) Winery shipper's license.
|
6 | | No
person, firm, partnership, corporation, or other legal |
7 | | business entity that is
engaged in the manufacturing of wine |
8 | | may concurrently obtain and hold a
wine-maker's license and a |
9 | | wine manufacturer's license. |
10 | | (a) A manufacturer's license shall allow the manufacture,
|
11 | | importation in bulk, storage, distribution and sale of |
12 | | alcoholic liquor
to persons without the State, as may be |
13 | | permitted by law and to licensees
in this State as follows: |
14 | | Class 1. A Distiller may make sales and deliveries of |
15 | | alcoholic liquor to
distillers, rectifiers, importing |
16 | | distributors, distributors and
non-beverage users and to no |
17 | | other licensees. |
18 | | Class 2. A Rectifier, who is not a distiller, as defined |
19 | | herein, may make
sales and deliveries of alcoholic liquor to |
20 | | rectifiers, importing distributors,
distributors, retailers |
21 | | and non-beverage users and to no other licensees. |
22 | | Class 3. A Brewer may make sales and deliveries of beer to |
23 | | importing
distributors and distributors and may make sales as |
24 | | authorized under subsection (e) of Section 6-4 of this Act. |
25 | | Class 4. A first class wine-manufacturer may make sales and |
26 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
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1 | | importing
distributors and distributors, and to no other |
2 | | licensees. |
3 | | Class 5. A second class Wine manufacturer may make sales |
4 | | and deliveries
of more than 50,000 gallons of wine to |
5 | | manufacturers, importing distributors
and distributors and to |
6 | | no other licensees. |
7 | | Class 6. A first-class wine-maker's license shall allow the |
8 | | manufacture
of up to 50,000 gallons of wine per year, and the
|
9 | | storage
and sale of such
wine to distributors in the State and |
10 | | to persons without the
State, as may be permitted by law. A |
11 | | person who, prior to the effective date of this amendatory Act |
12 | | of the 95th General Assembly, is a holder of a first-class |
13 | | wine-maker's license and annually produces more than 25,000 |
14 | | gallons of its own wine and who distributes its wine to |
15 | | licensed retailers shall cease this practice on or before July |
16 | | 1, 2008 in compliance with this amendatory Act of the 95th |
17 | | General Assembly. |
18 | | Class 7. A second-class wine-maker's license shall allow |
19 | | the manufacture
of between 50,000 and 150,000 gallons of wine |
20 | | per year, and
the
storage and sale of such wine
to distributors |
21 | | in this State and to persons without the State, as may be
|
22 | | permitted by law. A person who, prior to the effective date of |
23 | | this amendatory Act of the 95th General Assembly, is a holder |
24 | | of a second-class wine-maker's license and annually produces |
25 | | more than 25,000 gallons of its own wine and who distributes |
26 | | its wine to licensed retailers shall cease this practice on or |
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1 | | before July 1, 2008 in compliance with this amendatory Act of |
2 | | the 95th General Assembly. |
3 | | Class 8. A limited wine-manufacturer may make sales and |
4 | | deliveries not to
exceed 40,000 gallons of wine per year to |
5 | | distributors, and to
non-licensees in accordance with the |
6 | | provisions of this Act. |
7 | | Class 9. A craft distiller license shall allow the |
8 | | manufacture of up to 30,000 gallons of spirits by distillation |
9 | | for one year after the effective date of this amendatory Act of |
10 | | the 97th General Assembly and up to 35,000 gallons of spirits |
11 | | by distillation per year thereafter and the storage of such |
12 | | spirits. If a craft distiller licensee is not affiliated with |
13 | | any other manufacturer, then the craft distiller licensee may |
14 | | sell such spirits to distributors in this State and up to 2,500 |
15 | | gallons of such spirits to non-licensees to the extent |
16 | | permitted by any exemption approved by the Commission pursuant |
17 | | to Section 6-4 of this Act. |
18 | | Any craft distiller licensed under this Act who on the |
19 | | effective date of this amendatory Act of the 96th General |
20 | | Assembly was licensed as a distiller and manufactured no more |
21 | | spirits than permitted by this Section shall not be required to |
22 | | pay the initial licensing fee. |
23 | | Class 10. A class 1 brewer craft brewer's license, which |
24 | | may only be issued to a licensed brewer or licensed |
25 | | non-resident dealer, shall allow the manufacture of up to |
26 | | 930,000 gallons of beer per year provided that the class 1 |
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1 | | brewer licensee does not manufacture more than a combined |
2 | | 930,000 gallons of beer per year and is not a member of or |
3 | | affiliated with, directly or indirectly, a manufacturer that |
4 | | produces more than 930,000 gallons of beer per year or any |
5 | | other alcoholic liquor . A class 1 craft brewer licensee may |
6 | | make sales and deliveries to importing distributors and |
7 | | distributors and to retail licensees in accordance with the |
8 | | conditions set forth in paragraph (18) of subsection (a) of |
9 | | Section 3-12 of this Act. |
10 | | Class 11. A class 2 brewer license, which may only be |
11 | | issued to a licensed brewer or licensed non-resident dealer, |
12 | | shall allow the manufacture of up to 3,720,000 gallons of beer |
13 | | per year provided that the class 2 brewer licensee does not |
14 | | manufacture more than a combined 3,720,000 gallons of beer per |
15 | | year and is not a member of or affiliated with, directly or |
16 | | indirectly, a manufacturer that produces more than 3,720,000 |
17 | | gallons of beer per year or any other alcoholic liquor. A class |
18 | | 2 brewer licensee may make sales and deliveries to importing |
19 | | distributors and distributors, but shall not make sales or |
20 | | deliveries to any other licensee. If the State Commission |
21 | | provides prior approval, a class 2 brewer licensee may annually |
22 | | transfer up to 3,720,000 gallons of beer manufactured by that |
23 | | class 2 brewer licensee to the premises of a licensed class 2 |
24 | | brewer wholly owned and operated by the same licensee. |
25 | | (a-1) A manufacturer which is licensed in this State to |
26 | | make sales or
deliveries of alcoholic liquor to licensed |
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1 | | distributors or importing distributors 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. The State |
21 | | Commission shall post a list of registered agents on the |
22 | | Commission's website. |
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 only (i) |
23 | | to manufacture up to 155,000 gallons of beer per year only
on |
24 | | the premises specified in the license, (ii) to make sales of |
25 | | the
beer manufactured on the premises or, with the approval of |
26 | | the Commission, beer manufactured on another brew pub licensed |
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1 | | premises that is wholly substantially owned and operated by the |
2 | | same licensee to importing distributors, distributors,
and to |
3 | | non-licensees for use and consumption, (iii) to store the beer |
4 | | upon
the premises, and (iv) to sell and offer for sale at |
5 | | retail from the licensed
premises , provided that a brew pub |
6 | | licensee shall not sell for off-premises
consumption no more |
7 | | than 155,000 50,000 gallons per year so long as such sales are |
8 | | only made in-person, (v) sell and offer for sale at retail for |
9 | | use and consumption on the premises specified in the license |
10 | | any form of alcoholic liquor purchased from a licensed |
11 | | distributor or importing distributor, and (vi) with the prior |
12 | | approval of the Commission, annually transfer no more than |
13 | | 155,000 gallons of beer manufactured on the premises to a |
14 | | licensed brew pub wholly owned and operated by the same |
15 | | licensee . |
16 | | A brew pub licensee shall not under any circumstance sell |
17 | | or offer for sale beer manufactured by the brew pub licensee to |
18 | | retail licensees. |
19 | | A person who holds a class 2 brewer license may |
20 | | simultaneously hold a brew pub license if the class 2 brewer |
21 | | (i) does not, under any circumstance, sell or offer for sale |
22 | | beer manufactured by the class 2 brewer to retail licensees; |
23 | | (ii) does not hold more than 3 brew pub licenses in this State; |
24 | | (iii) does not manufacture more than a combined 3,720,000 |
25 | | gallons of beer per year, including the beer manufactured at |
26 | | the brew pub; and (iv) is not a member of or affiliated with, |
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| | HB3237 Enrolled | - 51 - | LRB099 07830 RPS 27965 b |
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1 | | directly or indirectly, a manufacturer that produces more than |
2 | | 3,720,000 gallons of beer per year or any other alcoholic |
3 | | liquor. |
4 | | Notwithstanding any other provision of this Act, a licensed |
5 | | brewer, class 2 brewer, or non-resident dealer who before July |
6 | | 1, 2015 manufactured less than than 3,720,000 gallons of beer |
7 | | per year and held a brew pub license on or before July 1, 2015 |
8 | | may (i) continue to qualify for and hold that brew pub license |
9 | | for the licensed premises and (ii) manufacture more than |
10 | | 3,720,000 gallons of beer per year and continue to qualify for |
11 | | and hold that brew pub license if that brewer, class 2 brewer, |
12 | | or non-resident dealer does not simultaneously hold a class 1 |
13 | | brewer license and is not a member of or affiliated with, |
14 | | directly or indirectly, a manufacturer that produces more than |
15 | | 3,720,000 gallons of beer per year or that produces any other |
16 | | alcoholic liquor. |
17 | | A person who holds a brew pub license may simultaneously |
18 | | hold a craft brewer license if he or she otherwise qualifies |
19 | | for the craft brewer license and the craft brewer license is |
20 | | for a location separate from the brew pub's licensed premises. |
21 | | A brew pub license shall permit a person who has received prior |
22 | | approval from the Commission to annually transfer no more than |
23 | | a total of 50,000 gallons of beer manufactured on premises to |
24 | | all other licensed brew pubs that are substantially owned and |
25 | | operated by the same person. |
26 | | (o) A caterer retailer license shall allow the holder
to |
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1 | | serve alcoholic liquors as an incidental part of a food service |
2 | | that serves
prepared meals which excludes the serving of snacks |
3 | | as
the primary meal, either on or off-site whether licensed or |
4 | | unlicensed. |
5 | | (p) An auction liquor license shall allow the licensee to |
6 | | sell and offer
for sale at auction wine and spirits for use or |
7 | | consumption, or for resale by
an Illinois liquor licensee in |
8 | | accordance with provisions of this Act. An
auction liquor |
9 | | license will be issued to a person and it will permit the
|
10 | | auction liquor licensee to hold the auction anywhere in the |
11 | | State. An auction
liquor license must be obtained for each |
12 | | auction at least 14 days in advance of
the auction date. |
13 | | (q) A special use permit license shall allow an Illinois |
14 | | licensed
retailer to transfer a portion of its alcoholic liquor |
15 | | inventory from its
retail licensed premises to the premises |
16 | | specified in the license hereby
created, and to sell or offer |
17 | | for sale at retail, only in the premises
specified in the |
18 | | license hereby created, the transferred alcoholic liquor for
|
19 | | use or consumption, but not for resale in any form. A special |
20 | | use permit
license may be granted for the following time |
21 | | periods: one day or less; 2 or
more days to a maximum of 15 days |
22 | | per location in any 12 month period. An
applicant for the |
23 | | special use permit license must also submit with the
|
24 | | application proof satisfactory to the State Commission that the |
25 | | applicant will
provide dram shop liability insurance to the |
26 | | maximum limits and have local
authority approval. |
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| | HB3237 Enrolled | - 53 - | LRB099 07830 RPS 27965 b |
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1 | | (r) A winery shipper's license shall allow a person
with a |
2 | | first-class or second-class wine manufacturer's
license, a |
3 | | first-class or second-class wine-maker's license,
or a limited |
4 | | wine manufacturer's license or who is licensed to
make wine |
5 | | under the laws of another state to ship wine
made by that |
6 | | licensee directly to a resident of this
State who is 21 years |
7 | | of age or older for that resident's
personal use and not for |
8 | | resale. Prior to receiving a
winery shipper's license, an |
9 | | applicant for the license must
provide the Commission with a |
10 | | true copy of its current
license in any state in which it is |
11 | | licensed as a manufacturer
of wine. An applicant for a winery |
12 | | shipper's license must
also complete an application form that |
13 | | provides any other
information the Commission deems necessary. |
14 | | The
application form shall include an acknowledgement |
15 | | consenting
to the jurisdiction of the Commission, the Illinois
|
16 | | Department of Revenue, and the courts of this State concerning
|
17 | | the enforcement of this Act and any related laws, rules, and
|
18 | | regulations, including authorizing the Department of Revenue
|
19 | | and the Commission to conduct audits for the purpose of
|
20 | | ensuring compliance with this amendatory Act. |
21 | | A winery shipper licensee must pay to the Department
of |
22 | | Revenue the State liquor gallonage tax under Section 8-1 for
|
23 | | all wine that is sold by the licensee and shipped to a person
|
24 | | in this State. For the purposes of Section 8-1, a winery
|
25 | | shipper licensee shall be taxed in the same manner as a
|
26 | | manufacturer of wine. A licensee who is not otherwise required |
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| | HB3237 Enrolled | - 54 - | LRB099 07830 RPS 27965 b |
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1 | | to register under the Retailers' Occupation Tax Act must
|
2 | | register under the Use Tax Act to collect and remit use tax to
|
3 | | the Department of Revenue for all gallons of wine that are sold
|
4 | | by the licensee and shipped to persons in this State. If a
|
5 | | licensee fails to remit the tax imposed under this Act in
|
6 | | accordance with the provisions of Article VIII of this Act, the
|
7 | | winery shipper's license shall be revoked in accordance
with |
8 | | the provisions of Article VII of this Act. If a licensee
fails |
9 | | to properly register and remit tax under the Use Tax Act
or the |
10 | | Retailers' Occupation Tax Act for all wine that is sold
by the |
11 | | winery shipper and shipped to persons in this
State, the winery |
12 | | shipper's license shall be revoked in
accordance with the |
13 | | provisions of Article VII of this Act. |
14 | | A winery shipper licensee must collect, maintain, and
|
15 | | submit to the Commission on a semi-annual basis the
total |
16 | | number of cases per resident of wine shipped to residents
of |
17 | | this State.
A winery shipper licensed under this subsection (r)
|
18 | | must comply with the requirements of Section 6-29 of this |
19 | | amendatory Act. |
20 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of |
21 | | Section 3-12, the State Commission may receive, respond to, and |
22 | | investigate any complaint and impose any of the remedies |
23 | | specified in paragraph (1) of subsection (a) of Section 3-12. |
24 | | (Source: P.A. 97-5, eff. 6-1-11; 97-455, eff. 8-19-11; 97-813, |
25 | | eff. 7-13-12; 97-1166, eff. 3-1-13; 98-394, eff. 8-16-13; |
26 | | 98-401, eff. 8-16-13; 98-756, eff. 7-16-14.) |
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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 | | Class 10. Class 1 Craft Brewer ................... | 25 | |
21 | | Class 11. Class 2 Brewer ........................ | 25 | |
22 | | For a Brew Pub License ......................... | 1,050 | |
23 | | For a caterer retailer's license ................ | 200 | |
24 | | For a foreign importer's license ............... | 25 | |
25 | | For an importing distributor's license ......... | 25 | |
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1 | | in flight, serving liquor over the | | |
2 | | State at any given time, which either | | |
3 | | originate, terminate, or make | | |
4 | | an intermediate stop in the State .......... | 60 | |
5 | | For a non-beverage user's license: | | |
6 | | Class 1 .................................... | 24 | |
7 | | Class 2 .................................... | 60 | |
8 | | Class 3 .................................... | 120 | |
9 | | Class 4 .................................... | 240 | |
10 | | Class 5 .................................... | 600 | |
11 | | For a broker's license ......................... | 600 | |
12 | | For an auction liquor license .................. | 50 | |
13 | | For a homebrewer special event permit ........... | 25 |
|
14 | | Fees collected under this Section shall be paid into the
|
15 | | Dram Shop Fund. On and after July 1, 2003, of the funds |
16 | | received for a
retailer's license, in
addition to the
first |
17 | | $175, an additional $75 shall be paid into the Dram Shop Fund, |
18 | | and $250
shall be
paid into the General Revenue Fund. Beginning |
19 | | June 30, 1990 and on June 30
of each
subsequent year through |
20 | | June 29, 2003, any balance over $5,000,000
remaining in the |
21 | | Dram Shop Fund
shall be credited to State liquor licensees and |
22 | | applied against their fees for
State liquor licenses for the |
23 | | following year. The amount credited to each
licensee shall be a |
24 | | proportion of the balance in the Dram Fund that is the
same as |
25 | | the proportion of the license fee paid by the licensee under
|
26 | | this Section for the period in which the balance was |
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1 | | accumulated to the
aggregate fees paid by all licensees during |
2 | | that period. |
3 | | No fee shall be paid for licenses issued by the State |
4 | | Commission to
the following non-beverage users: |
5 | | (a) Hospitals, sanitariums, or clinics when their use |
6 | | of alcoholic
liquor is exclusively medicinal, mechanical |
7 | | or scientific. |
8 | | (b) Universities, colleges of learning or schools when |
9 | | their use of
alcoholic liquor is exclusively medicinal, |
10 | | mechanical or scientific. |
11 | | (c) Laboratories when their use is exclusively for the |
12 | | purpose of
scientific research. |
13 | | (Source: P.A. 97-5, eff. 6-1-11; 98-55, eff. 7-5-13.)
|
14 | | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
|
15 | | Sec. 6-4. (a) No person licensed by any licensing authority |
16 | | as a
distiller, or a wine manufacturer, or any subsidiary or |
17 | | affiliate
thereof, or any officer, associate, member, partner, |
18 | | representative,
employee, agent or shareholder owning more |
19 | | than 5% of the outstanding
shares of such person shall be |
20 | | issued an importing distributor's or
distributor's license, |
21 | | nor shall any person licensed by any licensing
authority as an |
22 | | importing distributor, distributor or retailer, or any
|
23 | | subsidiary or affiliate thereof, or any officer or associate, |
24 | | member,
partner, representative, employee, agent or |
25 | | shareholder owning more than
5% of the outstanding shares of |
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1 | | such person be issued a distiller's
license or a wine |
2 | | manufacturer's license; and no person or persons
licensed as a |
3 | | distiller by any licensing authority shall have any
interest, |
4 | | directly or indirectly, with such distributor or importing
|
5 | | distributor.
|
6 | | However, an importing distributor or distributor, which on |
7 | | January
1, 1985 is owned by a brewer, or any subsidiary or |
8 | | affiliate thereof or any
officer, associate, member, partner, |
9 | | representative, employee, agent or
shareholder owning more |
10 | | than 5% of the outstanding shares of the importing
distributor |
11 | | or distributor referred to in this paragraph, may own or
|
12 | | acquire an ownership interest of more than 5% of the |
13 | | outstanding shares of
a wine manufacturer and be issued a wine
|
14 | | manufacturer's license by any licensing authority.
|
15 | | (b) The foregoing provisions shall not apply to any person |
16 | | licensed
by any licensing authority as a distiller or wine |
17 | | manufacturer, or to
any subsidiary or affiliate of any |
18 | | distiller or wine manufacturer who
shall have been heretofore |
19 | | licensed by the State Commission as either an
importing |
20 | | distributor or distributor during the annual licensing period
|
21 | | expiring June 30, 1947, and shall actually have made sales |
22 | | regularly to
retailers.
|
23 | | (c) Provided, however, that in such instances where a |
24 | | distributor's
or importing distributor's license has been |
25 | | issued to any distiller or
wine manufacturer or to any |
26 | | subsidiary or affiliate of any distiller or
wine manufacturer |
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1 | | who has, during the licensing period ending June 30,
1947, sold |
2 | | or distributed as such licensed distributor or importing
|
3 | | distributor alcoholic liquors and wines to retailers, such |
4 | | distiller or
wine manufacturer or any subsidiary or affiliate |
5 | | of any distiller or
wine manufacturer holding such |
6 | | distributor's or importing distributor's
license may continue |
7 | | to sell or distribute to retailers such alcoholic
liquors and |
8 | | wines which are manufactured, distilled, processed or
marketed |
9 | | by distillers and wine manufacturers whose products it sold or
|
10 | | distributed to retailers during the whole or any part of its |
11 | | licensing
periods; and such additional brands and additional |
12 | | products may be added
to the line of such distributor or |
13 | | importing distributor, provided, that
such brands and such |
14 | | products were not sold or distributed by any
distributor or |
15 | | importing distributor licensed by the State Commission
during |
16 | | the licensing period ending June 30, 1947, but can not sell or
|
17 | | distribute to retailers any other alcoholic liquors or wines.
|
18 | | (d) It shall be unlawful for any distiller licensed |
19 | | anywhere to have
any stock ownership or interest in any |
20 | | distributor's or importing
distributor's license wherein any |
21 | | other person has an interest therein
who is not a distiller and |
22 | | does not own more than 5% of any stock in any
distillery. |
23 | | Nothing herein contained shall apply to such distillers or
|
24 | | their subsidiaries or affiliates, who had a distributor's or |
25 | | importing
distributor's license during the licensing period |
26 | | ending June 30, 1947,
which license was owned in whole by such |
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1 | | distiller, or subsidiaries or
affiliates of such distiller.
|
2 | | (e) Any person having been licensed as a brewer, class 1 |
3 | | brewer, or class 2 brewer manufacturer shall be
permitted to |
4 | | sell on the licensed premises to non-licensees for on or |
5 | | off-premises consumption for the premises receive one |
6 | | retailer's license for the premises in which he
or she actually |
7 | | conducts such business , permitting only the retail sale of beer |
8 | | manufactured by the brewer, class 1 brewer, or class 2 brewer. |
9 | | Such sales shall be limited to on-premises, in-person sales |
10 | | only, for lawful consumption on or off premises. Such |
11 | | authorization shall be considered a privilege granted by the |
12 | | brewer license and, other at such premises and only on
such |
13 | | premises, but no such person shall be entitled to more than one
|
14 | | retailer's license in any event, and, other than a manufacturer |
15 | | of beer
as stated above, no manufacturer or distributor or |
16 | | importing
distributor, excluding airplane licensees exercising |
17 | | powers provided in
paragraph (i) of Section 5-1 of this Act, or |
18 | | any subsidiary or affiliate
thereof, or any officer,
associate, |
19 | | member, partner, representative, employee or agent, or
|
20 | | shareholder shall be issued a retailer's license, nor shall any |
21 | | person
having a retailer's license, excluding airplane |
22 | | licensees exercising powers
provided in paragraph (i) of |
23 | | Section 5-1 of this
Act, or any subsidiary or affiliate |
24 | | thereof, or
any officer, associate, member, partner, |
25 | | representative or agent, or
shareholder be issued a |
26 | | manufacturer's license or importing distributor's
license.
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| | HB3237 Enrolled | - 62 - | LRB099 07830 RPS 27965 b |
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1 | | A person who holds a class 1 or class 2 brewer license and |
2 | | is authorized by this Section to sell beer to non-licensees |
3 | | shall not sell beer to non-licensees from more than 3 total |
4 | | brewer or commonly owned brew pub licensed locations in this |
5 | | State. The class 1 or class 2 brewer shall designate to the |
6 | | State Commission the brewer or brew pub locations from which it |
7 | | will sell beer to non-licensees. |
8 | | A person licensed as a craft distiller not affiliated with |
9 | | any other person manufacturing spirits may be authorized by the |
10 | | Commission to sell up to 2,500 gallons of spirits produced by |
11 | | the person to non-licensees for on or off-premises consumption |
12 | | for the premises in which he or she actually conducts business |
13 | | permitting only the retail sale of spirits manufactured at such |
14 | | premises. Such sales shall be limited to on-premises, in-person |
15 | | sales only, for lawful consumption on or off premises, and such |
16 | | authorization shall be considered a privilege granted by the |
17 | | craft distiller license. A craft distiller licensed for retail |
18 | | sale shall secure liquor liability insurance coverage in an |
19 | | amount at least equal to the maximum liability amounts set |
20 | | forth in subsection (a) of Section 6-21 of this Act. |
21 | | (f) However, the foregoing prohibitions against any person |
22 | | licensed as
a distiller or wine manufacturer being issued a |
23 | | retailer's license shall not apply:
|
24 | | (i) to any hotel, motel or restaurant whose principal |
25 | | business is not
the sale of alcoholic liquors if said |
26 | | retailer's sales of any alcoholic
liquors manufactured, |
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1 | | sold, distributed or controlled, directly or
indirectly, |
2 | | by any affiliate, subsidiary, officer, associate, member,
|
3 | | partner, representative, employee, agent or shareholder |
4 | | owning more than 5%
of the outstanding shares of such |
5 | | person does not exceed
10% of the total alcoholic liquor |
6 | | sales of said retail licensee; and
|
7 | | (ii) where the Commission determines, having |
8 | | considered the public
welfare, the economic impact upon the |
9 | | State and the entirety of the facts
and circumstances |
10 | | involved, that the purpose and intent of this Section
would |
11 | | not be violated by granting an exemption.
|
12 | | (g) Notwithstanding any of the foregoing prohibitions, a |
13 | | limited wine
manufacturer may sell at retail at its |
14 | | manufacturing site for on or off
premises consumption and may |
15 | | sell to distributors. A limited wine manufacturer licensee
|
16 | | shall secure liquor liability insurance coverage in an amount
|
17 | | at least equal to the maximum liability amounts set forth in
|
18 | | subsection (a) of Section 6-21 of this Act.
|
19 | | (Source: P.A. 96-1367, eff. 7-28-10; 97-606, eff. 8-26-11; |
20 | | 97-1166, eff. 3-1-13.)
|
21 | | (235 ILCS 5/6-5) (from Ch. 43, par. 122)
|
22 | | Sec. 6-5.
Except as otherwise provided in this Section, it |
23 | | is unlawful
for any person having a retailer's license or
any |
24 | | officer, associate, member, representative or agent of such |
25 | | licensee
to accept, receive or borrow money, or anything else |
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1 | | of value, or accept
or receive credit (other than merchandising |
2 | | credit in the ordinary
course of business for a period not to |
3 | | exceed 30 days) directly or
indirectly from any manufacturer, |
4 | | importing distributor or distributor
of alcoholic liquor, or |
5 | | from any person connected with or in any way
representing, or |
6 | | from any member of the family of, such manufacturer,
importing |
7 | | distributor, distributor or wholesaler, or from any
|
8 | | stockholders in any corporation engaged in manufacturing, |
9 | | distributing
or wholesaling of such liquor, or from any |
10 | | officer, manager, agent or
representative of said |
11 | | manufacturer. Except as provided below, it is
unlawful for any |
12 | | manufacturer
or distributor or importing distributor to give or |
13 | | lend money or
anything of value, or otherwise loan or extend |
14 | | credit (except such
merchandising credit) directly or |
15 | | indirectly to any retail licensee or
to the manager, |
16 | | representative, agent, officer or director of such
licensee. A |
17 | | manufacturer, distributor or importing distributor may furnish
|
18 | | free advertising, posters,
signs, brochures, hand-outs, or |
19 | | other promotional devices or materials to
any unit of |
20 | | government owning or operating any auditorium, exhibition |
21 | | hall,
recreation facility or other similar facility holding a |
22 | | retailer's license,
provided that the primary purpose of such |
23 | | promotional devices or materials
is to promote public events |
24 | | being held at such facility. A unit of government
owning or |
25 | | operating such a facility holding a retailer's license may |
26 | | accept
such promotional devices or materials designed |
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| | HB3237 Enrolled | - 65 - | LRB099 07830 RPS 27965 b |
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1 | | primarily to promote public
events held at the facility. No |
2 | | retail licensee delinquent beyond the
30 day period specified |
3 | | in this Section shall
solicit, accept or receive credit, |
4 | | purchase or acquire alcoholic
liquors, directly or indirectly |
5 | | from any other licensee, and no
manufacturer, distributor or |
6 | | importing distributor shall knowingly grant
or extend credit, |
7 | | sell, furnish or supply alcoholic liquors to any such
|
8 | | delinquent retail licensee; provided that the purchase price of |
9 | | all beer
sold to a retail licensee shall be paid by the retail |
10 | | licensee in cash
on or before delivery of the beer, and unless |
11 | | the purchase price payable
by a retail licensee for beer sold |
12 | | to him in returnable bottles shall
expressly include a charge |
13 | | for the bottles and cases, the retail
licensee shall, on or |
14 | | before delivery of such beer, pay the seller in
cash a deposit |
15 | | in an amount not less than the deposit required to be
paid by |
16 | | the distributor to the brewer; but where the brewer sells |
17 | | direct
to the retailer, the deposit shall be an amount no less |
18 | | than that
required by the brewer from his own distributors; and |
19 | | provided further,
that in no instance shall this deposit be |
20 | | less than 50 cents for each
case of beer in pint or smaller |
21 | | bottles and 60 cents for each case of
beer in quart or |
22 | | half-gallon bottles; and provided further, that the
purchase |
23 | | price of all beer sold to an importing distributor or
|
24 | | distributor shall be paid by such importing distributor or |
25 | | distributor
in cash on or before the 15th day (Sundays and |
26 | | holidays excepted) after
delivery of such beer to such |
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| | HB3237 Enrolled | - 66 - | LRB099 07830 RPS 27965 b |
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1 | | purchaser; and unless the purchase price
payable by such |
2 | | importing distributor or distributor for beer sold in
|
3 | | returnable bottles and cases shall expressly include a charge |
4 | | for the
bottles and cases, such importing distributor or |
5 | | distributor shall, on
or before the 15th day (Sundays and |
6 | | holidays excepted) after delivery of
such beer to such |
7 | | purchaser, pay the seller in cash a required amount as
a |
8 | | deposit to assure the return of such bottles and cases. Nothing |
9 | | herein
contained shall prohibit any licensee from crediting or |
10 | | refunding to a
purchaser the actual amount of money paid for |
11 | | bottles, cases, kegs or
barrels returned by the purchaser to |
12 | | the seller or paid by the purchaser
as a deposit on bottles, |
13 | | cases, kegs or barrels, when such containers or
packages are |
14 | | returned to the seller. Nothing herein contained shall
prohibit |
15 | | any manufacturer, importing distributor or distributor from
|
16 | | extending usual and customary credit for alcoholic liquor sold |
17 | | to
customers or purchasers who live in or maintain places of |
18 | | business
outside of this State when such alcoholic liquor is |
19 | | actually transported
and delivered to such points outside of |
20 | | this State.
|
21 | | A manufacturer, distributor, or importing distributor may |
22 | | furnish free social media advertising to a retail licensee if |
23 | | the social media advertisement does not contain the retail |
24 | | price of any alcoholic liquor and the social media |
25 | | advertisement complies with any applicable rules or |
26 | | regulations issued by the Alcohol and Tobacco Tax and Trade |
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1 | | Bureau of the United States Department of the Treasury. A |
2 | | manufacturer, distributor, or importing distributor may list |
3 | | the names of one or more unaffiliated retailers in the |
4 | | advertisement of alcoholic liquor through social media. |
5 | | Nothing in this Section shall prohibit a retailer from |
6 | | communicating with a manufacturer, distributor, or importing |
7 | | distributor on social media or sharing media on the social |
8 | | media of a manufacturer, distributor, or importing |
9 | | distributor. A retailer may request free social media |
10 | | advertising from a manufacturer, distributor, or importing |
11 | | distributor. Nothing in this Section shall prohibit a |
12 | | manufacturer, distributor, or importing distributor from |
13 | | sharing, reposting, or otherwise forwarding a social media post |
14 | | by a retail licensee, so long as the sharing, reposting, or |
15 | | forwarding of the social media post does not contain the retail |
16 | | price of any alcoholic liquor. No manufacturer, distributor, or |
17 | | importing distributor shall pay or reimburse a retailer, |
18 | | directly or indirectly, for any social media advertising |
19 | | services, except as specifically permitted in this Act. No |
20 | | retailer shall accept any payment or reimbursement, directly or |
21 | | indirectly, for any social media advertising services offered |
22 | | by a manufacturer, distributor, or importing distributor, |
23 | | except as specifically permitted in this Act. For the purposes |
24 | | of this Section, "social media" means a service, platform, or |
25 | | site where users communicate with one another and share media, |
26 | | such as pictures, videos, music, and blogs, with other users |
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1 | | free of charge. |
2 | | No right of action shall exist for the collection of any |
3 | | claim based
upon credit extended to a distributor, importing |
4 | | distributor or retail
licensee contrary to the provisions of |
5 | | this Section.
|
6 | | Every manufacturer, importing distributor and distributor |
7 | | shall
submit or cause to be submitted, to the State Commission, |
8 | | in triplicate,
not later than Thursday of each calendar week, a |
9 | | verified written list
of the names and respective addresses of |
10 | | each retail licensee purchasing
spirits or wine from such |
11 | | manufacturer, importing distributor or
distributor who, on the |
12 | | first business day of that calendar week, was
delinquent beyond |
13 | | the above mentioned permissible merchandising credit
period of |
14 | | 30 days; or, if such is the fact, a verified written statement
|
15 | | that no retail licensee purchasing spirits or wine was then |
16 | | delinquent
beyond such permissible merchandising credit period |
17 | | of 30 days.
|
18 | | Every manufacturer, importing distributor and distributor |
19 | | shall
submit or cause to be submitted, to the State Commission, |
20 | | in triplicate,
a verified written list of the names and |
21 | | respective addresses of each
previously reported delinquent |
22 | | retail licensee who has cured such
delinquency by payment, |
23 | | which list shall be submitted not later than the
close of the |
24 | | second full business day following the day such delinquency
was |
25 | | so cured.
|
26 | | Such written verified reports required to be submitted by |
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1 | | this
Section shall be posted by the State Commission in each of |
2 | | its offices
in places available for public inspection not later |
3 | | than the day
following receipt thereof by the Commission. The |
4 | | reports so posted shall
constitute notice to every |
5 | | manufacturer, importing distributor and
distributor of the |
6 | | information contained therein. Actual notice to
manufacturers, |
7 | | importing distributors and distributors of the
information |
8 | | contained in any such posted reports, however received,
shall |
9 | | also constitute notice of such information.
|
10 | | The 30 day merchandising credit period allowed by this |
11 | | Section shall
commence with the day immediately following the |
12 | | date of invoice and
shall include all successive days including |
13 | | Sundays and holidays to and
including the 30th successive day.
|
14 | | In addition to other methods allowed by law, payment by |
15 | | check during
the period for which merchandising credit may be |
16 | | extended under the
provisions of this Section shall be |
17 | | considered payment. All checks
received in payment for |
18 | | alcoholic liquor shall be promptly deposited for
collection. A |
19 | | post dated check or a check dishonored on presentation for
|
20 | | payment shall not be deemed payment.
|
21 | | A retail licensee shall not be deemed to be delinquent in |
22 | | payment for
any alleged sale to him of alcoholic liquor when |
23 | | there exists a bona fide
dispute between such retailer and a |
24 | | manufacturer, importing distributor
or distributor with |
25 | | respect to the amount of indebtedness existing
because of such |
26 | | alleged sale.
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1 | | A delinquent retail licensee who engages in the retail |
2 | | liquor
business at 2 or more locations shall be deemed to be |
3 | | delinquent with
respect to each such location.
|
4 | | The license of any person who violates any provision of |
5 | | this Section
shall be subject to suspension or revocation in |
6 | | the manner provided by
this Act.
|
7 | | If any part or provision of this Article or the application |
8 | | thereof
to any person or circumstances shall be adjudged |
9 | | invalid by a court of
competent jurisdiction, such judgment |
10 | | shall be confined by its operation
to the controversy in which |
11 | | it was mentioned and shall not affect or
invalidate the |
12 | | remainder of this Article or the application thereof to
any |
13 | | other person or circumstance and to this and the provisions of |
14 | | this
Article are declared severable.
|
15 | | (Source: P.A. 83-762.)
|
16 | | (235 ILCS 5/6-6) (from Ch. 43, par. 123)
|
17 | | Sec. 6-6.
Except as otherwise provided in this Act no |
18 | | manufacturer or
distributor or importing distributor shall, |
19 | | directly or indirectly,
sell, supply, furnish, give or pay for, |
20 | | or loan or lease, any
furnishing, fixture or equipment on the |
21 | | premises of a place of business
of another licensee authorized |
22 | | under this Act to sell alcoholic liquor
at retail, either for |
23 | | consumption on or off the premises, nor shall he or she,
|
24 | | directly or indirectly, pay for any such license, or advance, |
25 | | furnish,
lend or give money for payment of such license, or |
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1 | | purchase or become
the owner of any note, mortgage, or other |
2 | | evidence of indebtedness of
such licensee or any form of |
3 | | security therefor, nor shall such
manufacturer, or |
4 | | distributor, or importing distributor, directly or
indirectly, |
5 | | be interested in the ownership, conduct or operation of the
|
6 | | business of any licensee authorized to sell alcoholic liquor at |
7 | | retail,
nor shall any manufacturer, or distributor, or |
8 | | importing distributor be
interested directly or indirectly or |
9 | | as owner or part owner of said
premises or as lessee or lessor |
10 | | thereof, in any premises upon which
alcoholic liquor is sold at |
11 | | retail.
|
12 | | No manufacturer or distributor or importing distributor |
13 | | shall,
directly or indirectly or through a subsidiary or |
14 | | affiliate, or by any
officer, director or firm of such |
15 | | manufacturer, distributor or importing
distributor, furnish, |
16 | | give, lend or rent, install, repair or maintain,
to or for any |
17 | | retail licensee in this State, any
signs or inside advertising |
18 | | materials except as provided in this Section and
Section 6-5. |
19 | | With respect to
retail licensees, other than any government |
20 | | owned or operated auditorium,
exhibition hall, recreation |
21 | | facility or other similar facility holding a
retailer's license |
22 | | as described in Section 6-5, a manufacturer,
distributor, or |
23 | | importing distributor may furnish, give, lend or rent and
|
24 | | erect, install, repair and maintain to or for any retail |
25 | | licensee, for use
at any one time in or about or in connection |
26 | | with a retail establishment on
which the products of the |
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1 | | manufacturer, distributor or importing
distributor are sold, |
2 | | the following signs and inside advertising materials
as |
3 | | authorized in subparts (i), (ii), (iii), and (iv):
|
4 | | (i) Permanent outside signs shall be limited to one |
5 | | outside sign, per
brand, in place and in use at any one |
6 | | time,
costing not more than $893, exclusive of erection,
|
7 | | installation, repair and maintenance costs, and permit |
8 | | fees and
shall bear only the manufacturer's name, brand |
9 | | name, trade name, slogans,
markings, trademark, or other |
10 | | symbols commonly associated with and generally
used in |
11 | | identifying the product including, but not limited to, |
12 | | "cold beer", "on
tap", "carry out", and "packaged liquor".
|
13 | | (ii) Temporary outside signs shall be
limited to one |
14 | | temporary outside sign per brand. Examples of temporary |
15 | | outside
signs are banners, flags, pennants,
streamers, and |
16 | | other items of a temporary and non-permanent
nature. Each |
17 | | temporary outside sign must include the manufacturer's |
18 | | name,
brand name, trade name, slogans, markings,
|
19 | | trademark, or other symbol commonly associated with and |
20 | | generally used in
identifying the product. Temporary |
21 | | outside signs may also include,
for example, the product,
|
22 | | price, packaging, date or dates of a promotion and an |
23 | | announcement of a
retail licensee's specific sponsored |
24 | | event, if the temporary outside sign is
intended to promote |
25 | | a product, and provided that the announcement of the retail
|
26 | | licensee's event and the product promotion are held |
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1 | | simultaneously. However,
temporary outside signs may not |
2 | | include names, slogans, markings, or logos that
relate to |
3 | | the retailer. Nothing in this subpart (ii) shall prohibit a
|
4 | | distributor or importing distributor from bearing the cost |
5 | | of creating or
printing a temporary outside sign for the |
6 | | retail licensee's specific sponsored
event or from bearing |
7 | | the cost of creating or printing a temporary sign for a
|
8 | | retail licensee containing, for example, community |
9 | | goodwill expressions,
regional sporting event |
10 | | announcements, or seasonal messages, provided that the
|
11 | | primary purpose of the temporary outside sign is to |
12 | | highlight, promote, or
advertise the product.
In addition, |
13 | | temporary outside signs provided by the manufacturer to
the |
14 | | distributor or importing distributor may also include, for |
15 | | example, subject
to the limitations of this Section, |
16 | | preprinted community goodwill expressions,
sporting event |
17 | | announcements, seasonal messages, and manufacturer |
18 | | promotional
announcements. However, a distributor or |
19 | | importing distributor shall not bear
the cost of such |
20 | | manufacturer preprinted signs.
|
21 | | (iii) Permanent inside
signs, whether visible from the |
22 | | outside or the inside of the premises,
include, but are not |
23 | | limited to: alcohol lists and menus that may include
names, |
24 | | slogans, markings, or logos that relate to the retailer; |
25 | | neons;
illuminated signs; clocks; table lamps; mirrors; |
26 | | tap handles; decalcomanias;
window painting; and window |
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1 | | trim. All permanent inside signs in place
and in use at any |
2 | | one time shall cost in the aggregate not more than $2000 |
3 | | per
manufacturer. A permanent inside sign must include the
|
4 | | manufacturer's name, brand name, trade name, slogans, |
5 | | markings, trademark, or
other symbol commonly associated |
6 | | with and generally used in identifying
the product. |
7 | | However,
permanent inside signs may not include names, |
8 | | slogans, markings, or logos
that relate to the retailer. |
9 | | For the purpose of this subpart (iii), all
permanent inside |
10 | | signs may be displayed in an adjacent courtyard or patio
|
11 | | commonly referred to as a "beer garden" that is a part of |
12 | | the retailer's
licensed premises.
|
13 | | (iv) Temporary inside signs shall include, but are not |
14 | | limited to, lighted
chalk boards, acrylic table tent |
15 | | beverage or hors d'oeuvre list holders,
banners, flags, |
16 | | pennants, streamers, and inside advertising materials such |
17 | | as
posters, placards, bowling sheets, table tents, inserts |
18 | | for acrylic table tent
beverage or hors d'oeuvre list |
19 | | holders, sports schedules,
or similar printed or |
20 | | illustrated materials; however, such items, for example,
|
21 | | as coasters, trays, napkins, glassware and cups shall not |
22 | | be deemed to be
inside signs or advertising materials and |
23 | | may only be sold to retailers. All
temporary inside signs |
24 | | and inside advertising materials in place and in use at
any |
25 | | one time shall cost in the aggregate not more than $325 per |
26 | | manufacturer.
Nothing in this subpart (iv) prohibits a |
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1 | | distributor or importing distributor
from paying the cost |
2 | | of
printing or creating any temporary inside banner or |
3 | | inserts for acrylic table
tent beverage or hors d'oeuvre |
4 | | list holders for a retail licensee, provided
that the |
5 | | primary purpose for the banner or insert is to highlight, |
6 | | promote, or
advertise the product. For the purpose of this |
7 | | subpart (iv), all temporary
inside signs and inside |
8 | | advertising materials may be displayed in an adjacent
|
9 | | courtyard or patio commonly referred to as a "beer garden" |
10 | | that is a part of
the retailer's licensed premises.
|
11 | | A "cost adjustment factor" shall be used to periodically |
12 | | update the
dollar limitations prescribed in subparts (i), |
13 | | (iii), and (iv). The Commission
shall establish the adjusted |
14 | | dollar limitation on an annual basis beginning in
January, |
15 | | 1997. The term "cost adjustment factor"
means a percentage |
16 | | equal to the change in the Bureau of Labor Statistics
Consumer |
17 | | Price Index or 5%, whichever is greater.
The restrictions |
18 | | contained in this Section 6-6 do not apply to signs, or
|
19 | | promotional or advertising materials furnished by |
20 | | manufacturers, distributors
or importing distributors to a |
21 | | government owned or operated facility holding
a retailer's |
22 | | license as described in Section 6-5.
|
23 | | No distributor or importing distributor shall directly or |
24 | | indirectly
or through a subsidiary or affiliate, or by any |
25 | | officer, director or
firm of such manufacturer, distributor or |
26 | | importing distributor,
furnish, give, lend or rent, install, |
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1 | | repair or maintain, to or for any
retail licensee in this |
2 | | State, any signs or
inside advertising materials described in |
3 | | subparts (i), (ii), (iii), or (iv)
of this Section except as |
4 | | the agent for or on behalf of a manufacturer,
provided that the |
5 | | total cost of any signs and inside advertising materials
|
6 | | including but not limited to labor, erection, installation and |
7 | | permit fees
shall be paid by the manufacturer whose product or |
8 | | products said signs
and inside advertising materials advertise |
9 | | and except as follows:
|
10 | | A distributor or importing distributor may purchase from or |
11 | | enter into a
written agreement with a manufacturer or a |
12 | | manufacturer's designated supplier
and such manufacturer or |
13 | | the manufacturer's designated supplier may sell or
enter into |
14 | | an agreement to sell to a distributor or importing distributor
|
15 | | permitted signs and advertising materials described in |
16 | | subparts (ii), (iii), or
(iv) of this Section for the purpose |
17 | | of furnishing, giving, lending, renting,
installing, |
18 | | repairing, or maintaining such signs or advertising materials |
19 | | to or
for any retail licensee in this State. Any purchase by a |
20 | | distributor or
importing distributor from a manufacturer or a |
21 | | manufacturer's designated
supplier shall be voluntary and the |
22 | | manufacturer may not require the
distributor or the importing |
23 | | distributor to purchase signs or advertising
materials from the |
24 | | manufacturer or the manufacturer's designated supplier.
|
25 | | A distributor or importing distributor shall be deemed the |
26 | | owner of such
signs or advertising materials purchased from a |
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1 | | manufacturer or
a manufacturer's designated supplier.
|
2 | | The provisions of Public Act 90-373
concerning signs or |
3 | | advertising materials delivered by a manufacturer to a
|
4 | | distributor or importing distributor shall apply only to signs |
5 | | or advertising
materials delivered on or after August 14, 1997.
|
6 | | A manufacturer, distributor, or importing distributor may |
7 | | furnish free social media advertising to a retail licensee if |
8 | | the social media advertisement does not contain the retail |
9 | | price of any alcoholic liquor and the social media |
10 | | advertisement complies with any applicable rules or |
11 | | regulations issued by the Alcohol and Tobacco Tax and Trade |
12 | | Bureau of the United States Department of the Treasury. A |
13 | | manufacturer, distributor, or importing distributor may list |
14 | | the names of one or more unaffiliated retailers in the |
15 | | advertisement of alcoholic liquor through social media. |
16 | | Nothing in this Section shall prohibit a retailer from |
17 | | communicating with a manufacturer, distributor, or importing |
18 | | distributor on social media or sharing media on the social |
19 | | media of a manufacturer, distributor, or importing |
20 | | distributor. A retailer may request free social media |
21 | | advertising from a manufacturer, distributor, or importing |
22 | | distributor. Nothing in this Section shall prohibit a |
23 | | manufacturer, distributor, or importing distributor from |
24 | | sharing, reposting, or otherwise forwarding a social media post |
25 | | by a retail licensee, so long as the sharing, reposting, or |
26 | | forwarding of the social media post does not contain the retail |
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1 | | price of any alcoholic liquor. No manufacturer, distributor, or |
2 | | importing distributor shall pay or reimburse a retailer, |
3 | | directly or indirectly, for any social media advertising |
4 | | services, except as specifically permitted in this Act. No |
5 | | retailer shall accept any payment or reimbursement, directly or |
6 | | indirectly, for any social media advertising services offered |
7 | | by a manufacturer, distributor, or importing distributor, |
8 | | except as specifically permitted in this Act. For the purposes |
9 | | of this Section, "social media" means a service, platform, or |
10 | | site where users communicate with one another and share media, |
11 | | such as pictures, videos, music, and blogs, with other users |
12 | | free of charge. |
13 | | No person engaged in the business of manufacturing, |
14 | | importing or
distributing alcoholic liquors shall, directly or |
15 | | indirectly, pay for,
or advance, furnish, or lend money for the |
16 | | payment of any license for
another. Any licensee who shall |
17 | | permit or assent, or be a party in any
way to any violation or |
18 | | infringement of the provisions of this Section
shall be deemed |
19 | | guilty of a violation of this Act, and any money loaned
|
20 | | contrary to a provision of this Act shall not be recovered |
21 | | back, or any
note, mortgage or other evidence of indebtedness, |
22 | | or security, or any
lease or contract obtained or made contrary |
23 | | to this Act shall be
unenforceable and void.
|
24 | | This Section shall not apply to airplane licensees |
25 | | exercising powers
provided in paragraph (i) of Section 5-1 of |
26 | | this Act.
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1 | | (Source: P.A. 98-756, eff. 7-16-14.)
|
2 | | (235 ILCS 5/6-36) |
3 | | Sec. 6-36. Homemade brewed beverages. |
4 | | (a) No license or permit is required under this Act for the |
5 | | making of homemade brewed beverages or for the possession, |
6 | | transportation, or storage of homemade brewed beverages by any |
7 | | person 21 years of age or older, if all of the following apply: |
8 | | (1) the person who makes the homemade brewed beverages |
9 | | receives no compensation; |
10 | | (2) the homemade brewed beverages are is not sold or |
11 | | offered for sale; and |
12 | | (3) the total quantity of homemade brewed beverages |
13 | | made, in a calendar year, by the person does not exceed 100 |
14 | | gallons if the household has only one person 21 years of |
15 | | age or older or 200 gallons if the household has 2 or more |
16 | | persons 21 years of age or older. |
17 | | (b) A person who makes, possesses, transports, or stores |
18 | | homemade brewed beverages in compliance with the limitations |
19 | | specified in subsection (a) is not a brewer, class 1 craft |
20 | | brewer, class 2 brewer, wholesaler, retailer, or a manufacturer |
21 | | of beer for the purposes of this Act. |
22 | | (c) Homemade brewed beverages made in compliance with the |
23 | | limitations specified in subsection (a) may be consumed by the |
24 | | person who made it and his or her family, neighbors, and |
25 | | friends at any private residence or other private location |
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1 | | where the possession and consumption of alcohol are is |
2 | | permissible under this Act, local ordinances, and other |
3 | | applicable law, provided that the homemade brewed beverages are |
4 | | not made available for consumption by the general public. |
5 | | (d) Homemade brewed beverages made in compliance with the |
6 | | limitations specified in subsection (a) may be used for |
7 | | purposes of a public exhibition, demonstration, tasting, or |
8 | | sampling with sampling sizes as authorized by Section 6-31, if |
9 | | the event is held at a private residence or at a location other |
10 | | than a retail licensed premises. If the public event is not |
11 | | held at a private residence, the event organizer shall obtain a |
12 | | homebrewer special event permit for each location, and is |
13 | | subject to the provisions in subsection (a) of Section 6-21. |
14 | | Homemade brewed beverages used for purposes described in this |
15 | | subsection (d), including the submission or consumption of the |
16 | | homemade brewed beverages, are not considered sold or offered |
17 | | for sale under this Act. A public exhibition, demonstration, |
18 | | tasting, or sampling with sampling sizes as authorized by |
19 | | Section 6-31 held by a licensee on a location other than a |
20 | | retail licensed premises may require an admission charge to the |
21 | | event, but no separate or additional fee may be charged for the |
22 | | consumption of a person's homemade brewed beverages at the |
23 | | public exhibition, demonstration, tasting, or sampling with |
24 | | sampling sizes as authorized by Section 6-31. Event admission |
25 | | charges that are collected may be partially used to provide |
26 | | prizes to makers of homemade brewed beverages, but the |
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1 | | admission charges may not be divided in any fashion among the |
2 | | makers of the homemade brewed beverages who participate in the |
3 | | event. Homemade brewed beverages used for purposes described in |
4 | | this subsection (d) are not considered sold or offered for sale |
5 | | under this Act if a maker of homemade brewed beverages receives |
6 | | free event admission or discounted event admission in return |
7 | | for the maker's donation of the homemade brewed beverages to an |
8 | | event specified in this subsection (d) that collects event |
9 | | admission charges; free admission or discounted admission to |
10 | | the event is not considered compensation under this Act. No |
11 | | admission fee and no charge for the consumption of a person's |
12 | | homemade brewed beverage may be collected if the public |
13 | | exhibition, demonstration, tasting, or sampling with sampling |
14 | | sizes as authorized by Section 6-31 is held at a private |
15 | | residence. |
16 | | (e) A person who is not a licensee under this Act may at a |
17 | | private residence, and a person who is a licensee under this |
18 | | Act may on the licensed premises, conduct, sponsor, or host a |
19 | | contest, competition, or other event for the exhibition, |
20 | | demonstration, judging, tasting, or sampling of homemade |
21 | | brewed beverages made in compliance with the limitations |
22 | | specified in subsection (a), if the person does not sell the |
23 | | homemade brewed beverages and, unless the person is the brewer |
24 | | of the homemade brewed beverages, does not acquire any |
25 | | ownership interest in the homemade brewed beverages. If the |
26 | | contest, competition, exhibition, demonstration, or judging is |
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1 | | not held at a private residence, the consumption of the |
2 | | homemade brewed beverages is limited to qualified judges and |
3 | | stewards as defined by a national or international beer judging |
4 | | program, who are identified by the event organizer in advance |
5 | | of the contest, competition, exhibition, demonstration, or |
6 | | judging. Homemade brewed beverages used for the purposes |
7 | | described in this subsection (e), including the submission or |
8 | | consumption of the homemade brewed beverages, are not |
9 | | considered sold or offered for sale under this Act and any |
10 | | prize awarded at a contest or competition or as a result of an |
11 | | exhibition, demonstration, or judging is not considered |
12 | | compensation under this Act. An exhibition, demonstration, |
13 | | judging, contest, or competition held by a licensee on a |
14 | | licensed premises may require an admission charge to the event, |
15 | | but no separate or additional fee may be charged for the |
16 | | consumption of a person's homemade brewed beverage at the |
17 | | exhibition, demonstration, judging, contest, or competition. A |
18 | | portion of event admission charges that are collected may be |
19 | | used to provide prizes to makers of homemade brewed beverages, |
20 | | but the admission charges may not be divided in any fashion |
21 | | among the makers of the homemade brewed beverages who |
22 | | participate in the event. Homemade brewed beverages used for |
23 | | purposes described in this subsection (e) are not considered |
24 | | sold or offered for sale under this Act if a maker of homemade |
25 | | brewed beverages receives free event admission or discounted |
26 | | event admission in return for the maker's donation of the |
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1 | | homemade brewed beverages to an event specified in this |
2 | | subsection (e) that collects event admission charges; free |
3 | | admission or discounted admission to the event is not |
4 | | considered compensation under this Act. No admission fee and no |
5 | | charge for the consumption of a person's homemade brewed |
6 | | beverage may be charged if the exhibition, demonstration, |
7 | | judging, contest, or competition is held at a private |
8 | | residence. The fact that a person is acting in a manner |
9 | | authorized by this Section is not, by itself, sufficient to |
10 | | constitute a public nuisance under Section 10-7 of this Act. If |
11 | | the contest, competition, or other event is held on licensed |
12 | | premises, the licensee may allow the homemade brewed beverages |
13 | | to be stored on the premises if the homemade brewed beverages |
14 | | are clearly identified and , kept separate from any alcohol |
15 | | beverages owned by the licensee. If the contest, competition, |
16 | | or other event is held on licensed premises, other provisions |
17 | | of this Act not inconsistent with this Section apply. |
18 | | (f) A commercial enterprise engaged primarily in selling |
19 | | supplies and equipment to the public for use by homebrewers may |
20 | | manufacture homemade brewed beverages for the purpose of |
21 | | tasting the homemade brewed beverages at the location of the |
22 | | commercial enterprise, provided that the homemade brewed |
23 | | beverages are not sold or offered for sale. Homemade brewed |
24 | | beverages provided at a commercial enterprise for tasting under |
25 | | this subsection (f) shall be in compliance with Sections 6-16, |
26 | | 6-21, and 6-31 of this Act. A commercial enterprise engaged |
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| | HB3237 Enrolled | - 84 - | LRB099 07830 RPS 27965 b |
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1 | | solely in selling supplies and equipment for use by homebrewers |
2 | | shall not be required to secure a license under this Act, |
3 | | however, such commercial enterprise shall secure liquor |
4 | | liability insurance coverage in an amount at least equal to the |
5 | | maximum liability amounts set forth in subsection (a) of |
6 | | Section 6-21 of this Act. |
7 | | (g) Homemade brewed beverages are not subject to Section |
8 | | 8-1 of this Act.
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9 | | (Source: P.A. 98-55, eff. 7-5-13; revised 11-26-14.) |
10 | | Section 95. No acceleration or delay. Where this Act makes |
11 | | changes in a statute that is represented in this Act by text |
12 | | that is not yet or no longer in effect (for example, a Section |
13 | | represented by multiple versions), the use of that text does |
14 | | not accelerate or delay the taking effect of (i) the changes |
15 | | made by this Act or (ii) provisions derived from any other |
16 | | Public Act.
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17 | | Section 99. Effective date. This Act takes effect upon |
18 | | becoming law.
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