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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 Alcoholism and Other Drug Abuse and | ||||||
5 | Dependency Act is amended by changing Section 10-15 as follows:
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6 | (20 ILCS 301/10-15)
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7 | Sec. 10-15. Qualification and appointment of members. The | ||||||
8 | membership of
the Illinois Advisory Council shall consist of:
| ||||||
9 | (a) A State's Attorney designated by the President of | ||||||
10 | the Illinois State's
Attorneys Association.
| ||||||
11 | (b) A judge designated by the Chief Justice of the | ||||||
12 | Illinois Supreme Court.
| ||||||
13 | (c) A Public Defender appointed by the President of the | ||||||
14 | Illinois Public
Defenders Association.
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15 | (d) A local law enforcement officer appointed by the | ||||||
16 | Governor.
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17 | (e) A labor representative appointed by the Governor.
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18 | (f) An educator appointed by the Governor.
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19 | (g) A physician licensed to practice medicine in all | ||||||
20 | its branches
appointed
by the Governor with due regard for | ||||||
21 | the appointee's knowledge of the field of
alcoholism and | ||||||
22 | other drug abuse and dependency.
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23 | (h) 4 members of the Illinois House of Representatives, |
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1 | 2 each appointed
by the Speaker and Minority Leader.
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2 | (i) 4 members of the Illinois Senate, 2 each appointed | ||||||
3 | by the President
and Minority Leader.
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4 | (j) The President of the Illinois Alcoholism and Drug | ||||||
5 | Dependence
Association.
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6 | (k) An advocate for the needs of youth appointed by the | ||||||
7 | Governor.
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8 | (l) The President of the Illinois State Medical Society | ||||||
9 | or his or her
designee.
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10 | (m) The President of the Illinois Hospital Association | ||||||
11 | or his or her
designee.
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12 | (n) The President of the Illinois Nurses Association or | ||||||
13 | a registered nurse
designated by the President.
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14 | (o) The President of the Illinois Pharmacists | ||||||
15 | Association or a licensed
pharmacist designated by the | ||||||
16 | President.
| ||||||
17 | (p) The President of the Illinois Chapter of the | ||||||
18 | Association of Labor
Management Administrators and | ||||||
19 | Consultants on Alcoholism.
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20 | (p-1) The President of the Community Behavioral | ||||||
21 | Healthcare Association
of Illinois or his or her designee.
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22 | (q) The Attorney General or his or her designee.
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23 | (r) The State Comptroller or his or her designee.
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24 | (s) 20 public members, 8 appointed by the Governor, 3 | ||||||
25 | of whom shall be
representatives of alcoholism or other | ||||||
26 | drug abuse and dependency treatment
programs and one of |
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1 | whom shall be a representative of a manufacturer or
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2 | importing distributor of alcoholic liquor licensed by the | ||||||
3 | State of Illinois,
and 3 public members appointed by each | ||||||
4 | of the President and Minority Leader of
the Senate and the | ||||||
5 | Speaker and Minority Leader of the House. | ||||||
6 | (t) The Director, Secretary, or other chief | ||||||
7 | administrative officer, ex officio, or his or her designee, | ||||||
8 | of each of the following: the Department on Aging, the | ||||||
9 | Department of Children and Family Services, the Department | ||||||
10 | of Corrections, the Department of Juvenile Justice, the | ||||||
11 | Department of Healthcare and Family Services, the | ||||||
12 | Department of Revenue, the Department of Public Health, the | ||||||
13 | Department of Financial and Professional Regulation, the | ||||||
14 | Department of State Police, the Administrative Office of | ||||||
15 | the Illinois Courts, the Criminal Justice Information | ||||||
16 | Authority, and the Department of Transportation. | ||||||
17 | (u) Each of the following, ex officio, or his or her | ||||||
18 | designee: the Secretary of State, the State Superintendent | ||||||
19 | of Education, and the Chairman of the Board of Higher | ||||||
20 | Education.
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21 | The public members may not be officers or employees of the | ||||||
22 | executive branch
of State government; however, the public | ||||||
23 | members may be officers or employees
of a State college or | ||||||
24 | university or of any law enforcement agency. In
appointing | ||||||
25 | members, due consideration shall be given to the experience of
| ||||||
26 | appointees in the fields of medicine, law, prevention, |
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1 | correctional activities,
and social welfare. Vacancies in the | ||||||
2 | public membership shall be filled for the
unexpired term by | ||||||
3 | appointment in like manner as for original appointments, and
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4 | the appointive members shall serve until their successors are | ||||||
5 | appointed and
have qualified. Vacancies among the public | ||||||
6 | members appointed by the
legislative leaders shall be filled by | ||||||
7 | the leader of the same house and of the
same political party as | ||||||
8 | the leader who originally appointed the member.
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9 | Each non-appointive member may designate a representative | ||||||
10 | to serve in his
place by written notice to the Department. All | ||||||
11 | General Assembly members shall
serve until their respective | ||||||
12 | successors are appointed or until termination of
their | ||||||
13 | legislative service, whichever occurs first. The terms of | ||||||
14 | office for
each of the members appointed by the Governor shall | ||||||
15 | be for 3 years, except that
of the members first appointed, 3 | ||||||
16 | shall be appointed for a term of one year,
and 4 shall be | ||||||
17 | appointed for a term of 2 years. The terms of office of each of
| ||||||
18 | the public members appointed by the legislative leaders shall | ||||||
19 | be for 2 years.
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20 | (Source: P.A. 94-1033, eff. 7-1-07 .)
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21 | Section 10. The Retailers' Occupation Tax Act is amended by | ||||||
22 | changing Section 3 as follows:
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23 | (35 ILCS 120/3) (from Ch. 120, par. 442)
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24 | Sec. 3. Except as provided in this Section, on or before |
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1 | the twentieth
day of each calendar month, every person engaged | ||||||
2 | in the business of
selling tangible personal property at retail | ||||||
3 | in this State during the
preceding calendar month shall file a | ||||||
4 | return with the Department, stating: | ||||||
5 | 1. The name of the seller; | ||||||
6 | 2. His residence address and the address of his | ||||||
7 | principal place of
business and the address of the | ||||||
8 | principal place of business (if that is
a different | ||||||
9 | address) from which he engages in the business of selling
| ||||||
10 | tangible personal property at retail in this State; | ||||||
11 | 3. Total amount of receipts received by him during the | ||||||
12 | preceding
calendar month or quarter, as the case may be, | ||||||
13 | from sales of tangible
personal property, and from services | ||||||
14 | furnished, by him during such
preceding calendar month or | ||||||
15 | quarter; | ||||||
16 | 4. Total amount received by him during the preceding | ||||||
17 | calendar month or
quarter on charge and time sales of | ||||||
18 | tangible personal property, and from
services furnished, | ||||||
19 | by him prior to the month or quarter for which the return
| ||||||
20 | is filed; | ||||||
21 | 5. Deductions allowed by law; | ||||||
22 | 6. Gross receipts which were received by him during the | ||||||
23 | preceding
calendar month or quarter and upon the basis of | ||||||
24 | which the tax is imposed; | ||||||
25 | 7. The amount of credit provided in Section 2d of this | ||||||
26 | Act; |
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1 | 8. The amount of tax due; | ||||||
2 | 9. The signature of the taxpayer; and | ||||||
3 | 10. Such other reasonable information as the | ||||||
4 | Department may require. | ||||||
5 | If a taxpayer fails to sign a return within 30 days after | ||||||
6 | the proper notice
and demand for signature by the Department, | ||||||
7 | the return shall be considered
valid and any amount shown to be | ||||||
8 | due on the return shall be deemed assessed. | ||||||
9 | Each return shall be accompanied by the statement of | ||||||
10 | prepaid tax issued
pursuant to Section 2e for which credit is | ||||||
11 | claimed. | ||||||
12 | Prior to October 1, 2003, and on and after September 1, | ||||||
13 | 2004 a retailer may accept a Manufacturer's Purchase
Credit
| ||||||
14 | certification from a purchaser in satisfaction of Use Tax
as | ||||||
15 | provided in Section 3-85 of the Use Tax Act if the purchaser | ||||||
16 | provides the
appropriate documentation as required by Section | ||||||
17 | 3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
| ||||||
18 | certification, accepted by a retailer prior to October 1, 2003 | ||||||
19 | and on and after September 1, 2004 as provided
in
Section 3-85 | ||||||
20 | of the Use Tax Act, may be used by that retailer to
satisfy | ||||||
21 | Retailers' Occupation Tax liability in the amount claimed in
| ||||||
22 | the certification, not to exceed 6.25% of the receipts
subject | ||||||
23 | to tax from a qualifying purchase. A Manufacturer's Purchase | ||||||
24 | Credit
reported on any original or amended return
filed under
| ||||||
25 | this Act after October 20, 2003 for reporting periods prior to | ||||||
26 | September 1, 2004 shall be disallowed. Manufacturer's |
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1 | Purchaser Credit reported on annual returns due on or after | ||||||
2 | January 1, 2005 will be disallowed for periods prior to | ||||||
3 | September 1, 2004. No Manufacturer's
Purchase Credit may be | ||||||
4 | used after September 30, 2003 through August 31, 2004 to
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5 | satisfy any
tax liability imposed under this Act, including any | ||||||
6 | audit liability. | ||||||
7 | The Department may require returns to be filed on a | ||||||
8 | quarterly basis.
If so required, a return for each calendar | ||||||
9 | quarter shall be filed on or
before the twentieth day of the | ||||||
10 | calendar month following the end of such
calendar quarter. The | ||||||
11 | taxpayer shall also file a return with the
Department for each | ||||||
12 | of the first two months of each calendar quarter, on or
before | ||||||
13 | the twentieth day of the following calendar month, stating: | ||||||
14 | 1. The name of the seller; | ||||||
15 | 2. The address of the principal place of business from | ||||||
16 | which he engages
in the business of selling tangible | ||||||
17 | personal property at retail in this State; | ||||||
18 | 3. The total amount of taxable receipts received by him | ||||||
19 | during the
preceding calendar month from sales of tangible | ||||||
20 | personal property by him
during such preceding calendar | ||||||
21 | month, including receipts from charge and
time sales, but | ||||||
22 | less all deductions allowed by law; | ||||||
23 | 4. The amount of credit provided in Section 2d of this | ||||||
24 | Act; | ||||||
25 | 5. The amount of tax due; and | ||||||
26 | 6. Such other reasonable information as the Department |
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1 | may
require. | ||||||
2 | Beginning on October 1, 2003, any person who is not a | ||||||
3 | licensed
distributor , importing distributor, or manufacturer, | ||||||
4 | as defined in the Liquor
Control Act of 1934, but is engaged in | ||||||
5 | the business of
selling, at retail, alcoholic liquor
shall file | ||||||
6 | a statement with the Department of Revenue, in a format
and at | ||||||
7 | a time prescribed by the Department, showing the total amount | ||||||
8 | paid for
alcoholic liquor purchased during the preceding month | ||||||
9 | and such other
information as is reasonably required by the | ||||||
10 | Department.
The Department may adopt rules to require
that this | ||||||
11 | statement be filed in an electronic or telephonic format. Such | ||||||
12 | rules
may provide for exceptions from the filing requirements | ||||||
13 | of this paragraph. For
the
purposes of this
paragraph, the term | ||||||
14 | "alcoholic liquor" shall have the meaning prescribed in the
| ||||||
15 | Liquor Control Act of 1934. | ||||||
16 | Beginning on October 1, 2003, every distributor , importing | ||||||
17 | distributor, and
manufacturer of alcoholic liquor as defined in | ||||||
18 | the Liquor Control Act of 1934,
shall file a
statement with the | ||||||
19 | Department of Revenue, no later than the 10th day of the
month | ||||||
20 | for the
preceding month during which transactions occurred, by | ||||||
21 | electronic means,
showing the
total amount of gross receipts | ||||||
22 | from the sale of alcoholic liquor sold or
distributed during
| ||||||
23 | the preceding month to purchasers; identifying the purchaser to | ||||||
24 | whom it was
sold or
distributed; the purchaser's tax | ||||||
25 | registration number; and such other
information
reasonably | ||||||
26 | required by the Department. A distributor , importing |
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1 | distributor, or manufacturer of alcoholic liquor must | ||||||
2 | personally deliver, mail, or provide by electronic means to | ||||||
3 | each retailer listed on the monthly statement a report | ||||||
4 | containing a cumulative total of that distributor's , importing | ||||||
5 | distributor's, or manufacturer's total sales of alcoholic | ||||||
6 | liquor to that retailer no later than the 10th day of the month | ||||||
7 | for the preceding month during which the transaction occurred. | ||||||
8 | The distributor , importing distributor, or manufacturer shall | ||||||
9 | notify the retailer as to the method by which the distributor , | ||||||
10 | importing distributor, or manufacturer will provide the sales | ||||||
11 | information. If the retailer is unable to receive the sales | ||||||
12 | information by electronic means, the distributor , importing | ||||||
13 | distributor, or manufacturer shall furnish the sales | ||||||
14 | information by personal delivery or by mail. For purposes of | ||||||
15 | this paragraph, the term "electronic means" includes, but is | ||||||
16 | not limited to, the use of a secure Internet website, e-mail, | ||||||
17 | or facsimile. | ||||||
18 | If a total amount of less than $1 is payable, refundable or | ||||||
19 | creditable,
such amount shall be disregarded if it is less than | ||||||
20 | 50 cents and shall be
increased to $1 if it is 50 cents or more. | ||||||
21 | Beginning October 1, 1993,
a taxpayer who has an average | ||||||
22 | monthly tax liability of $150,000 or more shall
make all | ||||||
23 | payments required by rules of the
Department by electronic | ||||||
24 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
25 | an average monthly tax liability of $100,000 or more shall make | ||||||
26 | all
payments required by rules of the Department by electronic |
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| |||||||
1 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
2 | an average monthly tax liability
of $50,000 or more shall make | ||||||
3 | all
payments required by rules of the Department by electronic | ||||||
4 | funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||||||
5 | an annual tax liability of
$200,000 or more shall make all | ||||||
6 | payments required by rules of the Department by
electronic | ||||||
7 | funds transfer. The term "annual tax liability" shall be the | ||||||
8 | sum of
the taxpayer's liabilities under this Act, and under all | ||||||
9 | other State and local
occupation and use tax laws administered | ||||||
10 | by the Department, for the immediately
preceding calendar year.
| ||||||
11 | The term "average monthly tax liability" shall be the sum of | ||||||
12 | the
taxpayer's liabilities under this
Act, and under all other | ||||||
13 | State and local occupation and use tax
laws administered by the | ||||||
14 | Department, for the immediately preceding calendar
year | ||||||
15 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
16 | a tax liability in the
amount set forth in subsection (b) of | ||||||
17 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
18 | all payments required by rules of the Department by
electronic | ||||||
19 | funds transfer. | ||||||
20 | Before August 1 of each year beginning in 1993, the | ||||||
21 | Department shall
notify all taxpayers required to make payments | ||||||
22 | by electronic funds
transfer. All taxpayers
required to make | ||||||
23 | payments by electronic funds transfer shall make those
payments | ||||||
24 | for
a minimum of one year beginning on October 1. | ||||||
25 | Any taxpayer not required to make payments by electronic | ||||||
26 | funds transfer may
make payments by electronic funds transfer |
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1 | with
the permission of the Department. | ||||||
2 | All taxpayers required to make payment by electronic funds | ||||||
3 | transfer and
any taxpayers authorized to voluntarily make | ||||||
4 | payments by electronic funds
transfer shall make those payments | ||||||
5 | in the manner authorized by the Department. | ||||||
6 | The Department shall adopt such rules as are necessary to | ||||||
7 | effectuate a
program of electronic funds transfer and the | ||||||
8 | requirements of this Section. | ||||||
9 | Any amount which is required to be shown or reported on any | ||||||
10 | return or
other document under this Act shall, if such amount | ||||||
11 | is not a whole-dollar
amount, be increased to the nearest | ||||||
12 | whole-dollar amount in any case where
the fractional part of a | ||||||
13 | dollar is 50 cents or more, and decreased to the
nearest | ||||||
14 | whole-dollar amount where the fractional part of a dollar is | ||||||
15 | less
than 50 cents. | ||||||
16 | If the retailer is otherwise required to file a monthly | ||||||
17 | return and if the
retailer's average monthly tax liability to | ||||||
18 | the Department does not exceed
$200, the Department may | ||||||
19 | authorize his returns to be filed on a quarter
annual basis, | ||||||
20 | with the return for January, February and March of a given
year | ||||||
21 | being due by April 20 of such year; with the return for April, | ||||||
22 | May and
June of a given year being due by July 20 of such year; | ||||||
23 | with the return for
July, August and September of a given year | ||||||
24 | being due by October 20 of such
year, and with the return for | ||||||
25 | October, November and December of a given
year being due by | ||||||
26 | January 20 of the following year. |
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1 | If the retailer is otherwise required to file a monthly or | ||||||
2 | quarterly
return and if the retailer's average monthly tax | ||||||
3 | liability with the
Department does not exceed $50, the | ||||||
4 | Department may authorize his returns to
be filed on an annual | ||||||
5 | basis, with the return for a given year being due by
January 20 | ||||||
6 | of the following year. | ||||||
7 | Such quarter annual and annual returns, as to form and | ||||||
8 | substance,
shall be subject to the same requirements as monthly | ||||||
9 | returns. | ||||||
10 | Notwithstanding any other provision in this Act concerning | ||||||
11 | the time
within which a retailer may file his return, in the | ||||||
12 | case of any retailer
who ceases to engage in a kind of business | ||||||
13 | which makes him responsible
for filing returns under this Act, | ||||||
14 | such retailer shall file a final
return under this Act with the | ||||||
15 | Department not more than one month after
discontinuing such | ||||||
16 | business. | ||||||
17 | Where the same person has more than one business registered | ||||||
18 | with the
Department under separate registrations under this | ||||||
19 | Act, such person may
not file each return that is due as a | ||||||
20 | single return covering all such
registered businesses, but | ||||||
21 | shall file separate returns for each such
registered business. | ||||||
22 | In addition, with respect to motor vehicles, watercraft,
| ||||||
23 | aircraft, and trailers that are required to be registered with | ||||||
24 | an agency of
this State, every
retailer selling this kind of | ||||||
25 | tangible personal property shall file,
with the Department, | ||||||
26 | upon a form to be prescribed and supplied by the
Department, a |
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| |||||||
1 | separate return for each such item of tangible personal
| ||||||
2 | property which the retailer sells, except that if, in the same
| ||||||
3 | transaction, (i) a retailer of aircraft, watercraft, motor | ||||||
4 | vehicles or
trailers transfers more than one aircraft, | ||||||
5 | watercraft, motor
vehicle or trailer to another aircraft, | ||||||
6 | watercraft, motor vehicle
retailer or trailer retailer for the | ||||||
7 | purpose of resale
or (ii) a retailer of aircraft, watercraft, | ||||||
8 | motor vehicles, or trailers
transfers more than one aircraft, | ||||||
9 | watercraft, motor vehicle, or trailer to a
purchaser for use as | ||||||
10 | a qualifying rolling stock as provided in Section 2-5 of
this | ||||||
11 | Act, then
that seller may report the transfer of all aircraft,
| ||||||
12 | watercraft, motor vehicles or trailers involved in that | ||||||
13 | transaction to the
Department on the same uniform | ||||||
14 | invoice-transaction reporting return form. For
purposes of | ||||||
15 | this Section, "watercraft" means a Class 2, Class 3, or Class 4
| ||||||
16 | watercraft as defined in Section 3-2 of the Boat Registration | ||||||
17 | and Safety Act, a
personal watercraft, or any boat equipped | ||||||
18 | with an inboard motor. | ||||||
19 | Any retailer who sells only motor vehicles, watercraft,
| ||||||
20 | aircraft, or trailers that are required to be registered with | ||||||
21 | an agency of
this State, so that all
retailers' occupation tax | ||||||
22 | liability is required to be reported, and is
reported, on such | ||||||
23 | transaction reporting returns and who is not otherwise
required | ||||||
24 | to file monthly or quarterly returns, need not file monthly or
| ||||||
25 | quarterly returns. However, those retailers shall be required | ||||||
26 | to
file returns on an annual basis. |
| |||||||
| |||||||
1 | The transaction reporting return, in the case of motor | ||||||
2 | vehicles
or trailers that are required to be registered with an | ||||||
3 | agency of this
State, shall
be the same document as the Uniform | ||||||
4 | Invoice referred to in Section 5-402
of The Illinois Vehicle | ||||||
5 | Code and must show the name and address of the
seller; the name | ||||||
6 | and address of the purchaser; the amount of the selling
price | ||||||
7 | including the amount allowed by the retailer for traded-in
| ||||||
8 | property, if any; the amount allowed by the retailer for the | ||||||
9 | traded-in
tangible personal property, if any, to the extent to | ||||||
10 | which Section 1 of
this Act allows an exemption for the value | ||||||
11 | of traded-in property; the
balance payable after deducting such | ||||||
12 | trade-in allowance from the total
selling price; the amount of | ||||||
13 | tax due from the retailer with respect to
such transaction; the | ||||||
14 | amount of tax collected from the purchaser by the
retailer on | ||||||
15 | such transaction (or satisfactory evidence that such tax is
not | ||||||
16 | due in that particular instance, if that is claimed to be the | ||||||
17 | fact);
the place and date of the sale; a sufficient | ||||||
18 | identification of the
property sold; such other information as | ||||||
19 | is required in Section 5-402 of
The Illinois Vehicle Code, and | ||||||
20 | such other information as the Department
may reasonably | ||||||
21 | require. | ||||||
22 | The transaction reporting return in the case of watercraft
| ||||||
23 | or aircraft must show
the name and address of the seller; the | ||||||
24 | name and address of the
purchaser; the amount of the selling | ||||||
25 | price including the amount allowed
by the retailer for | ||||||
26 | traded-in property, if any; the amount allowed by
the retailer |
| |||||||
| |||||||
1 | for the traded-in tangible personal property, if any, to
the | ||||||
2 | extent to which Section 1 of this Act allows an exemption for | ||||||
3 | the
value of traded-in property; the balance payable after | ||||||
4 | deducting such
trade-in allowance from the total selling price; | ||||||
5 | the amount of tax due
from the retailer with respect to such | ||||||
6 | transaction; the amount of tax
collected from the purchaser by | ||||||
7 | the retailer on such transaction (or
satisfactory evidence that | ||||||
8 | such tax is not due in that particular
instance, if that is | ||||||
9 | claimed to be the fact); the place and date of the
sale, a | ||||||
10 | sufficient identification of the property sold, and such other
| ||||||
11 | information as the Department may reasonably require. | ||||||
12 | Such transaction reporting return shall be filed not later | ||||||
13 | than 20
days after the day of delivery of the item that is | ||||||
14 | being sold, but may
be filed by the retailer at any time sooner | ||||||
15 | than that if he chooses to
do so. The transaction reporting | ||||||
16 | return and tax remittance or proof of
exemption from the | ||||||
17 | Illinois use tax may be transmitted to the Department
by way of | ||||||
18 | the State agency with which, or State officer with whom the
| ||||||
19 | tangible personal property must be titled or registered (if | ||||||
20 | titling or
registration is required) if the Department and such | ||||||
21 | agency or State
officer determine that this procedure will | ||||||
22 | expedite the processing of
applications for title or | ||||||
23 | registration. | ||||||
24 | With each such transaction reporting return, the retailer | ||||||
25 | shall remit
the proper amount of tax due (or shall submit | ||||||
26 | satisfactory evidence that
the sale is not taxable if that is |
| |||||||
| |||||||
1 | the case), to the Department or its
agents, whereupon the | ||||||
2 | Department shall issue, in the purchaser's name, a
use tax | ||||||
3 | receipt (or a certificate of exemption if the Department is
| ||||||
4 | satisfied that the particular sale is tax exempt) which such | ||||||
5 | purchaser
may submit to the agency with which, or State officer | ||||||
6 | with whom, he must
title or register the tangible personal | ||||||
7 | property that is involved (if
titling or registration is | ||||||
8 | required) in support of such purchaser's
application for an | ||||||
9 | Illinois certificate or other evidence of title or
registration | ||||||
10 | to such tangible personal property. | ||||||
11 | No retailer's failure or refusal to remit tax under this | ||||||
12 | Act
precludes a user, who has paid the proper tax to the | ||||||
13 | retailer, from
obtaining his certificate of title or other | ||||||
14 | evidence of title or
registration (if titling or registration | ||||||
15 | is required) upon satisfying
the Department that such user has | ||||||
16 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
17 | Department shall adopt appropriate rules to carry out
the | ||||||
18 | mandate of this paragraph. | ||||||
19 | If the user who would otherwise pay tax to the retailer | ||||||
20 | wants the
transaction reporting return filed and the payment of | ||||||
21 | the tax or proof
of exemption made to the Department before the | ||||||
22 | retailer is willing to
take these actions and such user has not | ||||||
23 | paid the tax to the retailer,
such user may certify to the fact | ||||||
24 | of such delay by the retailer and may
(upon the Department | ||||||
25 | being satisfied of the truth of such certification)
transmit | ||||||
26 | the information required by the transaction reporting return
|
| |||||||
| |||||||
1 | and the remittance for tax or proof of exemption directly to | ||||||
2 | the
Department and obtain his tax receipt or exemption | ||||||
3 | determination, in
which event the transaction reporting return | ||||||
4 | and tax remittance (if a
tax payment was required) shall be | ||||||
5 | credited by the Department to the
proper retailer's account | ||||||
6 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
7 | provided for in this Section being allowed. When the user pays
| ||||||
8 | the tax directly to the Department, he shall pay the tax in the | ||||||
9 | same
amount and in the same form in which it would be remitted | ||||||
10 | if the tax had
been remitted to the Department by the retailer. | ||||||
11 | Refunds made by the seller during the preceding return | ||||||
12 | period to
purchasers, on account of tangible personal property | ||||||
13 | returned to the
seller, shall be allowed as a deduction under | ||||||
14 | subdivision 5 of his monthly
or quarterly return, as the case | ||||||
15 | may be, in case the
seller had theretofore included the | ||||||
16 | receipts from the sale of such
tangible personal property in a | ||||||
17 | return filed by him and had paid the tax
imposed by this Act | ||||||
18 | with respect to such receipts. | ||||||
19 | Where the seller is a corporation, the return filed on | ||||||
20 | behalf of such
corporation shall be signed by the president, | ||||||
21 | vice-president, secretary
or treasurer or by the properly | ||||||
22 | accredited agent of such corporation. | ||||||
23 | Where the seller is a limited liability company, the return | ||||||
24 | filed on behalf
of the limited liability company shall be | ||||||
25 | signed by a manager, member, or
properly accredited agent of | ||||||
26 | the limited liability company. |
| |||||||
| |||||||
1 | Except as provided in this Section, the retailer filing the | ||||||
2 | return
under this Section shall, at the time of filing such | ||||||
3 | return, pay to the
Department the amount of tax imposed by this | ||||||
4 | Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | ||||||
5 | on and after January 1, 1990, or $5 per
calendar year, | ||||||
6 | whichever is greater, which is allowed to
reimburse the | ||||||
7 | retailer for the expenses incurred in keeping records,
| ||||||
8 | preparing and filing returns, remitting the tax and supplying | ||||||
9 | data to
the Department on request. Any prepayment made pursuant | ||||||
10 | to Section 2d
of this Act shall be included in the amount on | ||||||
11 | which such
2.1% or 1.75% discount is computed. In the case of | ||||||
12 | retailers who report
and pay the tax on a transaction by | ||||||
13 | transaction basis, as provided in this
Section, such discount | ||||||
14 | shall be taken with each such tax remittance
instead of when | ||||||
15 | such retailer files his periodic return. The Department may | ||||||
16 | disallow the discount for retailers whose certificate of | ||||||
17 | registration is revoked at the time the return is filed, but | ||||||
18 | only if the Department's decision to revoke the certificate of | ||||||
19 | registration has become final. | ||||||
20 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
21 | tax liability
to the Department
under this Act, the Use Tax | ||||||
22 | Act, the Service Occupation Tax
Act, and the Service Use Tax | ||||||
23 | Act, excluding any liability for prepaid sales
tax to be | ||||||
24 | remitted in accordance with Section 2d of this Act, was
$10,000
| ||||||
25 | or more during the preceding 4 complete calendar quarters, he | ||||||
26 | shall file a
return with the Department each month by the 20th |
| |||||||
| |||||||
1 | day of the month next
following the month during which such tax | ||||||
2 | liability is incurred and shall
make payments to the Department | ||||||
3 | on or before the 7th, 15th, 22nd and last
day of the month | ||||||
4 | during which such liability is incurred.
On and after October | ||||||
5 | 1, 2000, if the taxpayer's average monthly tax liability
to the | ||||||
6 | Department under this Act, the Use Tax Act, the Service | ||||||
7 | Occupation Tax
Act, and the Service Use Tax Act, excluding any | ||||||
8 | liability for prepaid sales tax
to be remitted in accordance | ||||||
9 | with Section 2d of this Act, was $20,000 or more
during the | ||||||
10 | preceding 4 complete calendar quarters, he shall file a return | ||||||
11 | with
the Department each month by the 20th day of the month | ||||||
12 | next following the month
during which such tax liability is | ||||||
13 | incurred and shall make payment to the
Department on or before | ||||||
14 | the 7th, 15th, 22nd and last day of the month during
which such | ||||||
15 | liability is incurred.
If the month
during which such tax | ||||||
16 | liability is incurred began prior to January 1, 1985,
each | ||||||
17 | payment shall be in an amount equal to 1/4 of the taxpayer's | ||||||
18 | actual
liability for the month or an amount set by the | ||||||
19 | Department not to exceed
1/4 of the average monthly liability | ||||||
20 | of the taxpayer to the Department for
the preceding 4 complete | ||||||
21 | calendar quarters (excluding the month of highest
liability and | ||||||
22 | the month of lowest liability in such 4 quarter period). If
the | ||||||
23 | month during which such tax liability is incurred begins on or | ||||||
24 | after
January 1, 1985 and prior to January 1, 1987, each | ||||||
25 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
26 | actual liability for the month or
27.5% of the taxpayer's |
| |||||||
| |||||||
1 | liability for the same calendar
month of the preceding year. If | ||||||
2 | the month during which such tax
liability is incurred begins on | ||||||
3 | or after January 1, 1987 and prior to
January 1, 1988, each | ||||||
4 | payment shall be in an amount equal to 22.5% of the
taxpayer's | ||||||
5 | actual liability for the month or 26.25% of the taxpayer's
| ||||||
6 | liability for the same calendar month of the preceding year. If | ||||||
7 | the month
during which such tax liability is incurred begins on | ||||||
8 | or after January 1,
1988, and prior to January 1, 1989, or | ||||||
9 | begins on or after January 1, 1996, each
payment shall be in an | ||||||
10 | amount
equal to 22.5% of the taxpayer's actual liability for | ||||||
11 | the month or 25% of
the taxpayer's liability for the same | ||||||
12 | calendar month of the preceding year. If
the month during which | ||||||
13 | such tax liability is incurred begins on or after
January 1, | ||||||
14 | 1989, and prior to January 1, 1996, each payment shall be in an
| ||||||
15 | amount equal to 22.5% of the
taxpayer's actual liability for | ||||||
16 | the month or 25% of the taxpayer's
liability for the same | ||||||
17 | calendar month of the preceding year or 100% of the
taxpayer's | ||||||
18 | actual liability for the quarter monthly reporting period. The
| ||||||
19 | amount of such quarter monthly payments shall be credited | ||||||
20 | against
the final tax liability of the taxpayer's return for | ||||||
21 | that month. Before
October 1, 2000, once
applicable, the | ||||||
22 | requirement of the making of quarter monthly payments to
the | ||||||
23 | Department by taxpayers having an average monthly tax liability | ||||||
24 | of
$10,000 or more as determined in the manner provided above
| ||||||
25 | shall continue
until such taxpayer's average monthly liability | ||||||
26 | to the Department during
the preceding 4 complete calendar |
| |||||||
| |||||||
1 | quarters (excluding the month of highest
liability and the | ||||||
2 | month of lowest liability) is less than
$9,000, or until
such | ||||||
3 | taxpayer's average monthly liability to the Department as | ||||||
4 | computed for
each calendar quarter of the 4 preceding complete | ||||||
5 | calendar quarter period
is less than $10,000. However, if a | ||||||
6 | taxpayer can show the
Department that
a substantial change in | ||||||
7 | the taxpayer's business has occurred which causes
the taxpayer | ||||||
8 | to anticipate that his average monthly tax liability for the
| ||||||
9 | reasonably foreseeable future will fall below the $10,000 | ||||||
10 | threshold
stated above, then
such taxpayer
may petition the | ||||||
11 | Department for a change in such taxpayer's reporting
status. On | ||||||
12 | and after October 1, 2000, once applicable, the requirement of
| ||||||
13 | the making of quarter monthly payments to the Department by | ||||||
14 | taxpayers having an
average monthly tax liability of $20,000 or | ||||||
15 | more as determined in the manner
provided above shall continue | ||||||
16 | until such taxpayer's average monthly liability
to the | ||||||
17 | Department during the preceding 4 complete calendar quarters | ||||||
18 | (excluding
the month of highest liability and the month of | ||||||
19 | lowest liability) is less than
$19,000 or until such taxpayer's | ||||||
20 | average monthly liability to the Department as
computed for | ||||||
21 | each calendar quarter of the 4 preceding complete calendar | ||||||
22 | quarter
period is less than $20,000. However, if a taxpayer can | ||||||
23 | show the Department
that a substantial change in the taxpayer's | ||||||
24 | business has occurred which causes
the taxpayer to anticipate | ||||||
25 | that his average monthly tax liability for the
reasonably | ||||||
26 | foreseeable future will fall below the $20,000 threshold stated
|
| |||||||
| |||||||
1 | above, then such taxpayer may petition the Department for a | ||||||
2 | change in such
taxpayer's reporting status. The Department | ||||||
3 | shall change such taxpayer's
reporting status
unless it finds | ||||||
4 | that such change is seasonal in nature and not likely to be
| ||||||
5 | long term. If any such quarter monthly payment is not paid at | ||||||
6 | the time or
in the amount required by this Section, then the | ||||||
7 | taxpayer shall be liable for
penalties and interest on the | ||||||
8 | difference
between the minimum amount due as a payment and the | ||||||
9 | amount of such quarter
monthly payment actually and timely | ||||||
10 | paid, except insofar as the
taxpayer has previously made | ||||||
11 | payments for that month to the Department in
excess of the | ||||||
12 | minimum payments previously due as provided in this Section.
| ||||||
13 | The Department shall make reasonable rules and regulations to | ||||||
14 | govern the
quarter monthly payment amount and quarter monthly | ||||||
15 | payment dates for
taxpayers who file on other than a calendar | ||||||
16 | monthly basis. | ||||||
17 | The provisions of this paragraph apply before October 1, | ||||||
18 | 2001.
Without regard to whether a taxpayer is required to make | ||||||
19 | quarter monthly
payments as specified above, any taxpayer who | ||||||
20 | is required by Section 2d
of this Act to collect and remit | ||||||
21 | prepaid taxes and has collected prepaid
taxes which average in | ||||||
22 | excess of $25,000 per month during the preceding
2 complete | ||||||
23 | calendar quarters, shall file a return with the Department as
| ||||||
24 | required by Section 2f and shall make payments to the | ||||||
25 | Department on or before
the 7th, 15th, 22nd and last day of the | ||||||
26 | month during which such liability
is incurred. If the month |
| |||||||
| |||||||
1 | during which such tax liability is incurred
began prior to the | ||||||
2 | effective date of this amendatory Act of 1985, each
payment | ||||||
3 | shall be in an amount not less than 22.5% of the taxpayer's | ||||||
4 | actual
liability under Section 2d. If the month during which | ||||||
5 | such tax liability
is incurred begins on or after January 1, | ||||||
6 | 1986, each payment shall be in an
amount equal to 22.5% of the | ||||||
7 | taxpayer's actual liability for the month or
27.5% of the | ||||||
8 | taxpayer's liability for the same calendar month of the
| ||||||
9 | preceding calendar year. If the month during which such tax | ||||||
10 | liability is
incurred begins on or after January 1, 1987, each | ||||||
11 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
12 | actual liability for the month or
26.25% of the taxpayer's | ||||||
13 | liability for the same calendar month of the
preceding year. | ||||||
14 | The amount of such quarter monthly payments shall be
credited | ||||||
15 | against the final tax liability of the taxpayer's return for | ||||||
16 | that
month filed under this Section or Section 2f, as the case | ||||||
17 | may be. Once
applicable, the requirement of the making of | ||||||
18 | quarter monthly payments to
the Department pursuant to this | ||||||
19 | paragraph shall continue until such
taxpayer's average monthly | ||||||
20 | prepaid tax collections during the preceding 2
complete | ||||||
21 | calendar quarters is $25,000 or less. If any such quarter | ||||||
22 | monthly
payment is not paid at the time or in the amount | ||||||
23 | required, the taxpayer
shall be liable for penalties and | ||||||
24 | interest on such difference, except
insofar as the taxpayer has | ||||||
25 | previously made payments for that month in
excess of the | ||||||
26 | minimum payments previously due. |
| |||||||
| |||||||
1 | The provisions of this paragraph apply on and after October | ||||||
2 | 1, 2001.
Without regard to whether a taxpayer is required to | ||||||
3 | make quarter monthly
payments as specified above, any taxpayer | ||||||
4 | who is required by Section 2d of this
Act to collect and remit | ||||||
5 | prepaid taxes and has collected prepaid taxes that
average in | ||||||
6 | excess of $20,000 per month during the preceding 4 complete | ||||||
7 | calendar
quarters shall file a return with the Department as | ||||||
8 | required by Section 2f
and shall make payments to the | ||||||
9 | Department on or before the 7th, 15th, 22nd and
last day of the | ||||||
10 | month during which the liability is incurred. Each payment
| ||||||
11 | shall be in an amount equal to 22.5% of the taxpayer's actual | ||||||
12 | liability for the
month or 25% of the taxpayer's liability for | ||||||
13 | the same calendar month of the
preceding year. The amount of | ||||||
14 | the quarter monthly payments shall be credited
against the | ||||||
15 | final tax liability of the taxpayer's return for that month | ||||||
16 | filed
under this Section or Section 2f, as the case may be. | ||||||
17 | Once applicable, the
requirement of the making of quarter | ||||||
18 | monthly payments to the Department
pursuant to this paragraph | ||||||
19 | shall continue until the taxpayer's average monthly
prepaid tax | ||||||
20 | collections during the preceding 4 complete calendar quarters
| ||||||
21 | (excluding the month of highest liability and the month of | ||||||
22 | lowest liability) is
less than $19,000 or until such taxpayer's | ||||||
23 | average monthly liability to the
Department as computed for | ||||||
24 | each calendar quarter of the 4 preceding complete
calendar | ||||||
25 | quarters is less than $20,000. If any such quarter monthly | ||||||
26 | payment is
not paid at the time or in the amount required, the |
| |||||||
| |||||||
1 | taxpayer shall be liable
for penalties and interest on such | ||||||
2 | difference, except insofar as the taxpayer
has previously made | ||||||
3 | payments for that month in excess of the minimum payments
| ||||||
4 | previously due. | ||||||
5 | If any payment provided for in this Section exceeds
the | ||||||
6 | taxpayer's liabilities under this Act, the Use Tax Act, the | ||||||
7 | Service
Occupation Tax Act and the Service Use Tax Act, as | ||||||
8 | shown on an original
monthly return, the Department shall, if | ||||||
9 | requested by the taxpayer, issue to
the taxpayer a credit | ||||||
10 | memorandum no later than 30 days after the date of
payment. The | ||||||
11 | credit evidenced by such credit memorandum may
be assigned by | ||||||
12 | the taxpayer to a similar taxpayer under this Act, the
Use Tax | ||||||
13 | Act, the Service Occupation Tax Act or the Service Use Tax Act, | ||||||
14 | in
accordance with reasonable rules and regulations to be | ||||||
15 | prescribed by the
Department. If no such request is made, the | ||||||
16 | taxpayer may credit such excess
payment against tax liability | ||||||
17 | subsequently to be remitted to the Department
under this Act, | ||||||
18 | the Use Tax Act, the Service Occupation Tax Act or the
Service | ||||||
19 | Use Tax Act, in accordance with reasonable rules and | ||||||
20 | regulations
prescribed by the Department. If the Department | ||||||
21 | subsequently determined
that all or any part of the credit | ||||||
22 | taken was not actually due to the
taxpayer, the taxpayer's 2.1% | ||||||
23 | and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% | ||||||
24 | of the difference between the credit taken and that
actually | ||||||
25 | due, and that taxpayer shall be liable for penalties and | ||||||
26 | interest
on such difference. |
| |||||||
| |||||||
1 | If a retailer of motor fuel is entitled to a credit under | ||||||
2 | Section 2d of
this Act which exceeds the taxpayer's liability | ||||||
3 | to the Department under
this Act for the month which the | ||||||
4 | taxpayer is filing a return, the
Department shall issue the | ||||||
5 | taxpayer a credit memorandum for the excess. | ||||||
6 | Beginning January 1, 1990, each month the Department shall | ||||||
7 | pay into
the Local Government Tax Fund, a special fund in the | ||||||
8 | State treasury which
is hereby created, the net revenue | ||||||
9 | realized for the preceding month from
the 1% tax on sales of | ||||||
10 | food for human consumption which is to be consumed
off the | ||||||
11 | premises where it is sold (other than alcoholic beverages, soft
| ||||||
12 | drinks and food which has been prepared for immediate | ||||||
13 | consumption) and
prescription and nonprescription medicines, | ||||||
14 | drugs, medical appliances and
insulin, urine testing | ||||||
15 | materials, syringes and needles used by diabetics. | ||||||
16 | Beginning January 1, 1990, each month the Department shall | ||||||
17 | pay into
the County and Mass Transit District Fund, a special | ||||||
18 | fund in the State
treasury which is hereby created, 4% of the | ||||||
19 | net revenue realized
for the preceding month from the 6.25% | ||||||
20 | general rate. | ||||||
21 | Beginning August 1, 2000, each
month the Department shall | ||||||
22 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
23 | net revenue realized for the
preceding month from the 1.25% | ||||||
24 | rate on the selling price of motor fuel and
gasohol. Beginning | ||||||
25 | September 1, 2010, each month the Department shall pay into the | ||||||
26 | County and Mass Transit District Fund 20% of the net revenue |
| |||||||
| |||||||
1 | realized for the preceding month from the 1.25% rate on the | ||||||
2 | selling price of sales tax holiday items. | ||||||
3 | Beginning January 1, 1990, each month the Department shall | ||||||
4 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
5 | realized for the
preceding month from the 6.25% general rate on | ||||||
6 | the selling price of
tangible personal property. | ||||||
7 | Beginning August 1, 2000, each
month the Department shall | ||||||
8 | pay into the
Local Government Tax Fund 80% of the net revenue | ||||||
9 | realized for the preceding
month from the 1.25% rate on the | ||||||
10 | selling price of motor fuel and gasohol. Beginning September 1, | ||||||
11 | 2010, each month the Department shall pay into the Local | ||||||
12 | Government Tax Fund 80% of the net revenue realized for the | ||||||
13 | preceding month from the 1.25% rate on the selling price of | ||||||
14 | sales tax holiday items. | ||||||
15 | Beginning October 1, 2009, each month the Department shall | ||||||
16 | pay into the Capital Projects Fund an amount that is equal to | ||||||
17 | an amount estimated by the Department to represent 80% of the | ||||||
18 | net revenue realized for the preceding month from the sale of | ||||||
19 | candy, grooming and hygiene products, and soft drinks that had | ||||||
20 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
21 | are now taxed at 6.25%. | ||||||
22 | Beginning July 1, 2011, each
month the Department shall pay | ||||||
23 | into the Clean Air Act (CAA) Permit Fund 80% of the net revenue | ||||||
24 | realized for the
preceding month from the 6.25% general rate on | ||||||
25 | the selling price of sorbents used in Illinois in the process | ||||||
26 | of sorbent injection as used to comply with the Environmental |
| |||||||
| |||||||
1 | Protection Act or the federal Clean Air Act, but the total | ||||||
2 | payment into the Clean Air Act (CAA) Permit Fund under this Act | ||||||
3 | and the Use Tax Act shall not exceed $2,000,000 in any fiscal | ||||||
4 | year. | ||||||
5 | Beginning July 1, 2013, each month the Department shall pay | ||||||
6 | into the Underground Storage Tank Fund from the proceeds | ||||||
7 | collected under this Act, the Use Tax Act, the Service Use Tax | ||||||
8 | Act, and the Service Occupation Tax Act an amount equal to the | ||||||
9 | average monthly deficit in the Underground Storage Tank Fund | ||||||
10 | during the prior year, as certified annually by the Illinois | ||||||
11 | Environmental Protection Agency, but the total payment into the | ||||||
12 | Underground Storage Tank Fund under this Act, the Use Tax Act, | ||||||
13 | the Service Use Tax Act, and the Service Occupation Tax Act | ||||||
14 | shall not exceed $18,000,000 in any State fiscal year. As used | ||||||
15 | in this paragraph, the "average monthly deficit" shall be equal | ||||||
16 | to the difference between the average monthly claims for | ||||||
17 | payment by the fund and the average monthly revenues deposited | ||||||
18 | into the fund, excluding payments made pursuant to this | ||||||
19 | paragraph. | ||||||
20 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
21 | received by the Department under the Use Tax Act, the Service | ||||||
22 | Use Tax Act, the Service Occupation Tax Act, and this Act, each | ||||||
23 | month the Department shall deposit $500,000 into the State | ||||||
24 | Crime Laboratory Fund. | ||||||
25 | Of the remainder of the moneys received by the Department | ||||||
26 | pursuant
to this Act, (a) 1.75% thereof shall be paid into the |
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
1 | Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on | |||||||||||||||||||||||||||||||||
2 | and after July 1, 1989,
3.8% thereof shall be paid into the | |||||||||||||||||||||||||||||||||
3 | Build Illinois Fund; provided, however,
that if in any fiscal | |||||||||||||||||||||||||||||||||
4 | year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case | |||||||||||||||||||||||||||||||||
5 | may be, of the moneys received by the Department and required | |||||||||||||||||||||||||||||||||
6 | to
be paid into the Build Illinois Fund pursuant to this Act, | |||||||||||||||||||||||||||||||||
7 | Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax | |||||||||||||||||||||||||||||||||
8 | Act, and Section 9 of the
Service Occupation Tax Act, such Acts | |||||||||||||||||||||||||||||||||
9 | being hereinafter called the "Tax
Acts" and such aggregate of | |||||||||||||||||||||||||||||||||
10 | 2.2% or 3.8%, as the case may be, of moneys
being hereinafter | |||||||||||||||||||||||||||||||||
11 | called the "Tax Act Amount", and (2) the amount
transferred to | |||||||||||||||||||||||||||||||||
12 | the Build Illinois Fund from the State and Local Sales Tax
| |||||||||||||||||||||||||||||||||
13 | Reform Fund shall be less than the Annual Specified Amount (as | |||||||||||||||||||||||||||||||||
14 | hereinafter
defined), an amount equal to the difference shall | |||||||||||||||||||||||||||||||||
15 | be immediately paid into
the Build Illinois Fund from other | |||||||||||||||||||||||||||||||||
16 | moneys received by the Department
pursuant to the Tax Acts; the | |||||||||||||||||||||||||||||||||
17 | "Annual Specified Amount" means the amounts
specified below for | |||||||||||||||||||||||||||||||||
18 | fiscal years 1986 through 1993: | |||||||||||||||||||||||||||||||||
|
| |||||||
| |||||||
| |||||||
2 | and means the Certified Annual Debt Service Requirement (as | ||||||
3 | defined in
Section 13 of the Build Illinois Bond Act) or the | ||||||
4 | Tax Act Amount, whichever
is greater, for fiscal year 1994 and | ||||||
5 | each fiscal year thereafter; and
further provided, that if on | ||||||
6 | the last business day of any month the sum of
(1) the Tax Act | ||||||
7 | Amount required to be deposited into the Build Illinois
Bond | ||||||
8 | Account in the Build Illinois Fund during such month and (2) | ||||||
9 | the
amount transferred to the Build Illinois Fund from the | ||||||
10 | State and Local
Sales Tax Reform Fund shall have been less than | ||||||
11 | 1/12 of the Annual
Specified Amount, an amount equal to the | ||||||
12 | difference shall be immediately
paid into the Build Illinois | ||||||
13 | Fund from other moneys received by the
Department pursuant to | ||||||
14 | the Tax Acts; and, further provided, that in no
event shall the | ||||||
15 | payments required under the preceding proviso result in
| ||||||
16 | aggregate payments into the Build Illinois Fund pursuant to | ||||||
17 | this clause (b)
for any fiscal year in excess of the greater of | ||||||
18 | (i) the Tax Act Amount or
(ii) the Annual Specified Amount for | ||||||
19 | such fiscal year. The amounts payable
into the Build Illinois | ||||||
20 | Fund under clause (b) of the first sentence in this
paragraph | ||||||
21 | shall be payable only until such time as the aggregate amount | ||||||
22 | on
deposit under each trust indenture securing Bonds issued and | ||||||
23 | outstanding
pursuant to the Build Illinois Bond Act is | ||||||
24 | sufficient, taking into account
any future investment income, | ||||||
25 | to fully provide, in accordance with such
indenture, for the | ||||||
26 | defeasance of or the payment of the principal of,
premium, if |
| |||||||
| |||||||
1 | any, and interest on the Bonds secured by such indenture and on
| ||||||
2 | any Bonds expected to be issued thereafter and all fees and | ||||||
3 | costs payable
with respect thereto, all as certified by the | ||||||
4 | Director of the Bureau of the
Budget (now Governor's Office of | ||||||
5 | Management and Budget). If on the last
business day of any | ||||||
6 | month in which Bonds are
outstanding pursuant to the Build | ||||||
7 | Illinois Bond Act, the aggregate of
moneys deposited in the | ||||||
8 | Build Illinois Bond Account in the Build Illinois
Fund in such | ||||||
9 | month shall be less than the amount required to be transferred
| ||||||
10 | in such month from the Build Illinois Bond Account to the Build | ||||||
11 | Illinois
Bond Retirement and Interest Fund pursuant to Section | ||||||
12 | 13 of the Build
Illinois Bond Act, an amount equal to such | ||||||
13 | deficiency shall be immediately
paid from other moneys received | ||||||
14 | by the Department pursuant to the Tax Acts
to the Build | ||||||
15 | Illinois Fund; provided, however, that any amounts paid to the
| ||||||
16 | Build Illinois Fund in any fiscal year pursuant to this | ||||||
17 | sentence shall be
deemed to constitute payments pursuant to | ||||||
18 | clause (b) of the first sentence
of this paragraph and shall | ||||||
19 | reduce the amount otherwise payable for such
fiscal year | ||||||
20 | pursuant to that clause (b). The moneys received by the
| ||||||
21 | Department pursuant to this Act and required to be deposited | ||||||
22 | into the Build
Illinois Fund are subject to the pledge, claim | ||||||
23 | and charge set forth in
Section 12 of the Build Illinois Bond | ||||||
24 | Act. | ||||||
25 | Subject to payment of amounts into the Build Illinois Fund | ||||||
26 | as provided in
the preceding paragraph or in any amendment |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | thereto hereafter enacted, the
following specified monthly | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | installment of the amount requested in the
certificate of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Chairman of the Metropolitan Pier and Exposition
Authority | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | provided under Section 8.25f of the State Finance Act, but not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | in
excess of sums designated as "Total Deposit", shall be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | deposited in the
aggregate from collections under Section 9 of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | 9 of the Service Occupation Tax Act, and
Section 3 of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Retailers' Occupation Tax Act into the McCormick Place
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Expansion Project Fund in the specified fiscal years. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
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| ||||||||||||||||||||||||||||||||||||||||||
9 | Beginning July 20, 1993 and in each month of each fiscal | |||||||||||||||||||||||||||||||||||||||||
10 | year thereafter,
one-eighth of the amount requested in the | |||||||||||||||||||||||||||||||||||||||||
11 | certificate of the Chairman of
the Metropolitan Pier and | |||||||||||||||||||||||||||||||||||||||||
12 | Exposition Authority for that fiscal year, less
the amount | |||||||||||||||||||||||||||||||||||||||||
13 | deposited into the McCormick Place Expansion Project Fund by | |||||||||||||||||||||||||||||||||||||||||
14 | the
State Treasurer in the respective month under subsection | |||||||||||||||||||||||||||||||||||||||||
15 | (g) of Section 13
of the Metropolitan Pier and Exposition | |||||||||||||||||||||||||||||||||||||||||
16 | Authority Act, plus cumulative
deficiencies in the deposits | |||||||||||||||||||||||||||||||||||||||||
17 | required under this Section for previous
months and years, | |||||||||||||||||||||||||||||||||||||||||
18 | shall be deposited into the McCormick Place Expansion
Project | |||||||||||||||||||||||||||||||||||||||||
19 | Fund, until the full amount requested for the fiscal year, but | |||||||||||||||||||||||||||||||||||||||||
20 | not
in excess of the amount specified above as "Total Deposit", | |||||||||||||||||||||||||||||||||||||||||
21 | has been deposited. | |||||||||||||||||||||||||||||||||||||||||
22 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||||||||||||||||||||||
23 | and the
McCormick Place Expansion Project Fund pursuant to the | |||||||||||||||||||||||||||||||||||||||||
24 | preceding paragraphs
or in any amendments
thereto hereafter | |||||||||||||||||||||||||||||||||||||||||
25 | enacted, beginning July 1, 1993 and ending on September 30, | |||||||||||||||||||||||||||||||||||||||||
26 | 2013, the Department shall each
month pay into the Illinois Tax |
| |||||||
| |||||||
1 | Increment Fund 0.27% of 80% of the net revenue
realized for the | ||||||
2 | preceding month from the 6.25% general rate on the selling
| ||||||
3 | price of tangible personal property. | ||||||
4 | Subject to payment of amounts into the Build Illinois Fund | ||||||
5 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
6 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
7 | enacted, beginning with the receipt of the first
report of | ||||||
8 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
9 | period, the Department shall each month pay into the Energy | ||||||
10 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
11 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
12 | that was sold to an eligible business.
For purposes of this | ||||||
13 | paragraph, the term "eligible business" means a new
electric | ||||||
14 | generating facility certified pursuant to Section 605-332 of | ||||||
15 | the
Department of Commerce and Economic Opportunity
Law of the | ||||||
16 | Civil Administrative Code of Illinois. | ||||||
17 | Subject to payment of amounts into the Build Illinois Fund, | ||||||
18 | the McCormick Place Expansion Project Fund, the Illinois Tax | ||||||
19 | Increment Fund, and the Energy Infrastructure Fund pursuant to | ||||||
20 | the preceding paragraphs or in any amendments to this Section | ||||||
21 | hereafter enacted, beginning on the first day of the first | ||||||
22 | calendar month to occur on or after the effective date of this | ||||||
23 | amendatory Act of the 98th General Assembly, each month, from | ||||||
24 | the collections made under Section 9 of the Use Tax Act, | ||||||
25 | Section 9 of the Service Use Tax Act, Section 9 of the Service | ||||||
26 | Occupation Tax Act, and Section 3 of the Retailers' Occupation |
| |||||||
| |||||||
1 | Tax Act, the Department shall pay into the Tax Compliance and | ||||||
2 | Administration Fund, to be used, subject to appropriation, to | ||||||
3 | fund additional auditors and compliance personnel at the | ||||||
4 | Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||||||
5 | the cash receipts collected during the preceding fiscal year by | ||||||
6 | the Audit Bureau of the Department under the Use Tax Act, the | ||||||
7 | Service Use Tax Act, the Service Occupation Tax Act, the | ||||||
8 | Retailers' Occupation Tax Act, and associated local occupation | ||||||
9 | and use taxes administered by the Department. | ||||||
10 | Of the remainder of the moneys received by the Department | ||||||
11 | pursuant to
this Act, 75% thereof shall be paid into the State | ||||||
12 | Treasury and 25% shall
be reserved in a special account and | ||||||
13 | used only for the transfer to the
Common School Fund as part of | ||||||
14 | the monthly transfer from the General Revenue
Fund in | ||||||
15 | accordance with Section 8a of the State Finance Act. | ||||||
16 | The Department may, upon separate written notice to a | ||||||
17 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
18 | Department on a form
prescribed by the Department within not | ||||||
19 | less than 60 days after receipt
of the notice an annual | ||||||
20 | information return for the tax year specified in
the notice. | ||||||
21 | Such annual return to the Department shall include a
statement | ||||||
22 | of gross receipts as shown by the retailer's last Federal | ||||||
23 | income
tax return. If the total receipts of the business as | ||||||
24 | reported in the
Federal income tax return do not agree with the | ||||||
25 | gross receipts reported to
the Department of Revenue for the | ||||||
26 | same period, the retailer shall attach
to his annual return a |
| |||||||
| |||||||
1 | schedule showing a reconciliation of the 2
amounts and the | ||||||
2 | reasons for the difference. The retailer's annual
return to the | ||||||
3 | Department shall also disclose the cost of goods sold by
the | ||||||
4 | retailer during the year covered by such return, opening and | ||||||
5 | closing
inventories of such goods for such year, costs of goods | ||||||
6 | used from stock
or taken from stock and given away by the | ||||||
7 | retailer during such year,
payroll information of the | ||||||
8 | retailer's business during such year and any
additional | ||||||
9 | reasonable information which the Department deems would be
| ||||||
10 | helpful in determining the accuracy of the monthly, quarterly | ||||||
11 | or annual
returns filed by such retailer as provided for in | ||||||
12 | this Section. | ||||||
13 | If the annual information return required by this Section | ||||||
14 | is not
filed when and as required, the taxpayer shall be liable | ||||||
15 | as follows: | ||||||
16 | (i) Until January 1, 1994, the taxpayer shall be liable
| ||||||
17 | for a penalty equal to 1/6 of 1% of the tax due from such | ||||||
18 | taxpayer under
this Act during the period to be covered by | ||||||
19 | the annual return for each
month or fraction of a month | ||||||
20 | until such return is filed as required, the
penalty to be | ||||||
21 | assessed and collected in the same manner as any other
| ||||||
22 | penalty provided for in this Act. | ||||||
23 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
24 | be
liable for a penalty as described in Section 3-4 of the | ||||||
25 | Uniform Penalty and
Interest Act. | ||||||
26 | The chief executive officer, proprietor, owner or highest |
| |||||||
| |||||||
1 | ranking
manager shall sign the annual return to certify the | ||||||
2 | accuracy of the
information contained therein. Any person who | ||||||
3 | willfully signs the
annual return containing false or | ||||||
4 | inaccurate information shall be guilty
of perjury and punished | ||||||
5 | accordingly. The annual return form prescribed
by the | ||||||
6 | Department shall include a warning that the person signing the
| ||||||
7 | return may be liable for perjury. | ||||||
8 | The provisions of this Section concerning the filing of an | ||||||
9 | annual
information return do not apply to a retailer who is not | ||||||
10 | required to
file an income tax return with the United States | ||||||
11 | Government. | ||||||
12 | As soon as possible after the first day of each month, upon | ||||||
13 | certification
of the Department of Revenue, the Comptroller | ||||||
14 | shall order transferred and
the Treasurer shall transfer from | ||||||
15 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
16 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
17 | for the second preceding
month.
Beginning April 1, 2000, this | ||||||
18 | transfer is no longer required
and shall not be made. | ||||||
19 | Net revenue realized for a month shall be the revenue | ||||||
20 | collected by the
State pursuant to this Act, less the amount | ||||||
21 | paid out during that month as
refunds to taxpayers for | ||||||
22 | overpayment of liability. | ||||||
23 | For greater simplicity of administration, manufacturers, | ||||||
24 | importers
and wholesalers whose products are sold at retail in | ||||||
25 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
26 | assume the responsibility
for accounting and paying to the |
| |||||||
| |||||||
1 | Department all tax accruing under this
Act with respect to such | ||||||
2 | sales, if the retailers who are affected do not
make written | ||||||
3 | objection to the Department to this arrangement. | ||||||
4 | Any person who promotes, organizes, provides retail | ||||||
5 | selling space for
concessionaires or other types of sellers at | ||||||
6 | the Illinois State Fair, DuQuoin
State Fair, county fairs, | ||||||
7 | local fairs, art shows, flea markets and similar
exhibitions or | ||||||
8 | events, including any transient merchant as defined by Section | ||||||
9 | 2
of the Transient Merchant Act of 1987, is required to file a | ||||||
10 | report with the
Department providing the name of the merchant's | ||||||
11 | business, the name of the
person or persons engaged in | ||||||
12 | merchant's business, the permanent address and
Illinois | ||||||
13 | Retailers Occupation Tax Registration Number of the merchant, | ||||||
14 | the
dates and location of the event and other reasonable | ||||||
15 | information that the
Department may require. The report must be | ||||||
16 | filed not later than the 20th day
of the month next following | ||||||
17 | the month during which the event with retail sales
was held. | ||||||
18 | Any person who fails to file a report required by this Section
| ||||||
19 | commits a business offense and is subject to a fine not to | ||||||
20 | exceed $250. | ||||||
21 | Any person engaged in the business of selling tangible | ||||||
22 | personal
property at retail as a concessionaire or other type | ||||||
23 | of seller at the
Illinois State Fair, county fairs, art shows, | ||||||
24 | flea markets and similar
exhibitions or events, or any | ||||||
25 | transient merchants, as defined by Section 2
of the Transient | ||||||
26 | Merchant Act of 1987, may be required to make a daily report
of |
| |||||||
| |||||||
1 | the amount of such sales to the Department and to make a daily | ||||||
2 | payment of
the full amount of tax due. The Department shall | ||||||
3 | impose this
requirement when it finds that there is a | ||||||
4 | significant risk of loss of
revenue to the State at such an | ||||||
5 | exhibition or event. Such a finding
shall be based on evidence | ||||||
6 | that a substantial number of concessionaires
or other sellers | ||||||
7 | who are not residents of Illinois will be engaging in
the | ||||||
8 | business of selling tangible personal property at retail at the
| ||||||
9 | exhibition or event, or other evidence of a significant risk of | ||||||
10 | loss of revenue
to the State. The Department shall notify | ||||||
11 | concessionaires and other sellers
affected by the imposition of | ||||||
12 | this requirement. In the absence of
notification by the | ||||||
13 | Department, the concessionaires and other sellers
shall file | ||||||
14 | their returns as otherwise required in this Section. | ||||||
15 | (Source: P.A. 98-24, eff. 6-19-13; 98-109, eff. 7-25-13; | ||||||
16 | 98-496, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1098, eff. | ||||||
17 | 8-26-14; 99-352, eff. 8-12-15.) | ||||||
18 | Section 15. The Counties Code is amended by changing | ||||||
19 | Section 3-9007 as follows:
| ||||||
20 | (55 ILCS 5/3-9007) (from Ch. 34, par. 3-9007)
| ||||||
21 | Sec. 3-9007. Home rule unit liquor tax ordinance; | ||||||
22 | prosecutions. Where any county, municipality or other unit of | ||||||
23 | local government has
adopted any ordinance or other regulation | ||||||
24 | imposing a tax upon the privilege
of engaging in business as a |
| |||||||
| |||||||
1 | manufacturer, importing distributor, retailer ,
or distributor | ||||||
2 | of beer, alcohol or other spirits, pursuant to its home rule
| ||||||
3 | powers under Article VII, Section 6 of the Constitution of the | ||||||
4 | State of
Illinois, nothing shall prohibit a State's attorney | ||||||
5 | from prosecuting any
offense under the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012 which may also constitute a
violation | ||||||
7 | of the applicable ordinance or regulation.
| ||||||
8 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
9 | Section 30. The Liquor Control Act of 1934 is amended by | ||||||
10 | changing Sections 1-3.05, 1-3.15, 1-3.21, 1-3.27, 1-3.29, | ||||||
11 | 1-3.33, 1-3.38, 3-12, 3-14, 4-4, 5-1, 5-3, 6-2, 6-4, 6-4.5, | ||||||
12 | 6-5, 6-6, 6-6.3, 6-6.5, 6-7, 6-8, 6-9, 6-17, 6-17.1, 6-22, | ||||||
13 | 6-23, 6-27.1, 6-29, 6-29.1, 6-31, 7-1, 7-6, 8-1, 8-2, 8-5, | ||||||
14 | 8-10, 9-13, 10-1, and 10-7.1 and by renumbering and changing | ||||||
15 | Section 1-3.40 as added by Public Act 99-448 as follows:
| ||||||
16 | (235 ILCS 5/1-3.05) (from Ch. 43, par. 95.05)
| ||||||
17 | Sec. 1-3.05.
"Alcoholic liquor" includes alcohol, spirits, | ||||||
18 | wine and beer, and
every liquid or solid, patented or not, | ||||||
19 | containing alcohol, spirits, wine
or beer, and capable of being | ||||||
20 | consumed as a beverage by a human being. The
provisions of this | ||||||
21 | Act shall not apply to alcohol used in the manufacture
of | ||||||
22 | denatured alcohol produced in accordance with Acts of Congress | ||||||
23 | and
regulations promulgated thereunder, nor to any liquid or | ||||||
24 | solid containing
one-half of one per cent, or less, of alcohol |
| |||||||
| |||||||
1 | by volume. No tax provided
for in Article VIII of this Act | ||||||
2 | shall apply to wine intended for use and
used by any church or | ||||||
3 | religious organization for sacramental purposes,
provided that | ||||||
4 | such wine shall be purchased from a licensed manufacturer or
| ||||||
5 | importing distributor under this Act.
| ||||||
6 | (Source: P.A. 82-783.)
| ||||||
7 | (235 ILCS 5/1-3.15) (from Ch. 43, par. 95.15)
| ||||||
8 | Sec. 1-3.15.
"Distributor" means any person, other than a | ||||||
9 | manufacturer
or non-resident dealer licensed under this Act, | ||||||
10 | who is engaged in this
State in purchasing,
storing, possessing | ||||||
11 | or warehousing any alcoholic liquors for resale or
reselling at | ||||||
12 | wholesale, whether within or without this State . "Distributor" | ||||||
13 | also means any person other than a non-resident dealer licensed | ||||||
14 | under this Act who imports into this State, from any point in | ||||||
15 | the United States outside this State, whether for himself or | ||||||
16 | for another, any alcoholic liquors for sale or resale, or for | ||||||
17 | use in the manufacture, preparation or compounding of products | ||||||
18 | other than alcoholic liquors, or who imports into this State, | ||||||
19 | from any point in the United States outside this State, for | ||||||
20 | consumption in any one calendar year, more than one gallon of | ||||||
21 | such liquors .
| ||||||
22 | (Source: P.A. 83-1254.)
| ||||||
23 | (235 ILCS 5/1-3.21) (from Ch. 43, par. 95.21)
| ||||||
24 | Sec. 1-3.21.
"Sale" means any transfer, exchange or barter
|
| |||||||
| |||||||
1 | in any manner, or
by any means whatsoever, including the | ||||||
2 | transfer of alcoholic liquors by and
through the transfer or | ||||||
3 | negotiation of warehouse receipts or certificates,
and | ||||||
4 | includes and means all sales made by any person, whether | ||||||
5 | principal,
proprietor, agent, servant or employee. The term | ||||||
6 | "sale" includes any
transfer of alcoholic liquor from a foreign | ||||||
7 | importer's license to a an
importing distributor's license even | ||||||
8 | if both licenses are held by the same
person.
| ||||||
9 | (Source: P.A. 82-783.)
| ||||||
10 | (235 ILCS 5/1-3.27) (from Ch. 43, par. 95.27)
| ||||||
11 | Sec. 1-3.27.
"Foreign importer" means anyone other than a | ||||||
12 | non-resident
dealer licensed under this Act who imports
into | ||||||
13 | this State,
from any point outside the United States, any | ||||||
14 | alcoholic liquors other than
in bulk for sale to a licensed | ||||||
15 | importing distributor.
| ||||||
16 | (Source: P.A. 83-1254.)
| ||||||
17 | (235 ILCS 5/1-3.29) (from Ch. 43, par. 95.29)
| ||||||
18 | Sec. 1-3.29.
"Non-resident dealer" means any person, firm, | ||||||
19 | partnership,
corporation or other legal business entity who or | ||||||
20 | which exports into this
State, from any point outside of this | ||||||
21 | State, any alcoholic liquors for sale
to Illinois licensed | ||||||
22 | foreign importers or importing distributors. Such
license | ||||||
23 | shall be restricted to the actual manufacturer of such | ||||||
24 | alcoholic
liquors or the primary United States importer of such |
| |||||||
| |||||||
1 | alcoholic liquors,
if manufactured outside of the United | ||||||
2 | States, or the duly registered agent
of such manufacturer or | ||||||
3 | importer. Registration of such agent with the State
Commission, | ||||||
4 | in such manner and form as it may prescribe, shall be a | ||||||
5 | prerequisite
to the issuance of such license to an agent.
| ||||||
6 | Any licensed Illinois manufacturer of Class 1, Class 2, or | ||||||
7 | Class 3 may
obtain a Non-Resident Dealer's License at no fee. A | ||||||
8 | manufacturer whose
production of alcoholic liquor is less than | ||||||
9 | 500,000 gallons per year may
obtain a Non-Resident Dealer's | ||||||
10 | License for an annual fee of $75.
| ||||||
11 | (Source: P.A. 82-783.)
| ||||||
12 | (235 ILCS 5/1-3.33)
| ||||||
13 | Sec. 1-3.33.
"Brew Pub" means a person who manufactures no | ||||||
14 | more than 155,000 gallons of beer per year only at a
designated | ||||||
15 | licensed premises to make sales to importing distributors, | ||||||
16 | distributors ,
and to non-licensees for use and consumption | ||||||
17 | only, who stores beer
at the designated premises, and who is | ||||||
18 | allowed to sell at retail from the
licensed premises, provided | ||||||
19 | that a brew pub licensee shall not sell for
off-premises | ||||||
20 | consumption more than 155,000 gallons per year.
| ||||||
21 | (Source: P.A. 99-448, eff. 8-24-15.)
| ||||||
22 | (235 ILCS 5/1-3.38) | ||||||
23 | Sec. 1-3.38. Class 1 brewer. "Class 1 brewer" means a | ||||||
24 | person who is a holder of a brewer license or non-resident |
| |||||||
| |||||||
1 | dealer license who manufactures up to 930,000 gallons of beer | ||||||
2 | per year and who may make sales and deliveries to importing | ||||||
3 | distributors and distributors and to retail licensees in | ||||||
4 | accordance with the conditions set forth in paragraph (18) of | ||||||
5 | subsection (a) of Section 3-12 of this Act.
| ||||||
6 | (Source: P.A. 98-401, eff. 8-16-13; 99-448, eff. 8-24-15.) | ||||||
7 | (235 ILCS 5/1-3.42) | ||||||
8 | Sec. 1-3.42 1-3.40 . Class 2 brewer. "Class 2 brewer" means | ||||||
9 | a person who is a holder of a brewer license or non-resident | ||||||
10 | dealer license who manufactures up to 3,720,000 gallons of beer | ||||||
11 | per year for sale to a licensed importing distributor or | ||||||
12 | distributor.
| ||||||
13 | (Source: P.A. 99-448, eff. 8-24-15; revised 10-28-15.)
| ||||||
14 | (235 ILCS 5/3-12)
| ||||||
15 | Sec. 3-12. Powers and duties of State Commission.
| ||||||
16 | (a) The State commission shall have the following powers, | ||||||
17 | functions, and
duties:
| ||||||
18 | (1) To receive applications and to issue licenses to | ||||||
19 | manufacturers,
foreign importers, importing distributors, | ||||||
20 | distributors, non-resident dealers,
on premise consumption | ||||||
21 | retailers, off premise sale retailers, special event
| ||||||
22 | retailer licensees, special use permit licenses, auction | ||||||
23 | liquor licenses, brew
pubs, caterer retailers, | ||||||
24 | non-beverage users, railroads, including owners and
|
| |||||||
| |||||||
1 | lessees of sleeping, dining and cafe cars, airplanes, | ||||||
2 | boats, brokers, and wine
maker's premises licensees in | ||||||
3 | accordance with the provisions of this Act, and
to suspend | ||||||
4 | or revoke such licenses upon the State commission's | ||||||
5 | determination,
upon notice after hearing, that a licensee | ||||||
6 | has violated any provision of this
Act or any rule or | ||||||
7 | regulation issued pursuant thereto and in effect for 30 | ||||||
8 | days
prior to such violation. Except in the case of an | ||||||
9 | action taken pursuant to a
violation of Section 6-3, 6-5, | ||||||
10 | or 6-9, any action by the State Commission to
suspend or | ||||||
11 | revoke a licensee's license may be limited to the license | ||||||
12 | for the
specific premises where the violation occurred.
| ||||||
13 | In lieu of suspending or revoking a license, the | ||||||
14 | commission may impose
a fine, upon the State commission's | ||||||
15 | determination and notice after hearing,
that a licensee has | ||||||
16 | violated any provision of this Act or any rule or
| ||||||
17 | regulation issued pursuant thereto and in effect for 30 | ||||||
18 | days prior to such
violation. | ||||||
19 | For the purpose of this paragraph (1), when determining | ||||||
20 | multiple violations for the sale of alcohol to a person | ||||||
21 | under the age of 21, a second or subsequent violation for | ||||||
22 | the sale of alcohol to a person under the age of 21 shall | ||||||
23 | only be considered if it was committed within 5 years after | ||||||
24 | the date when a prior violation for the sale of alcohol to | ||||||
25 | a person under the age of 21 was committed. | ||||||
26 | The fine imposed under this paragraph may not exceed |
| |||||||
| |||||||
1 | $500 for each
violation. Each day that the activity, which | ||||||
2 | gave rise to the original fine,
continues is a separate | ||||||
3 | violation. The maximum fine that may be levied against
any | ||||||
4 | licensee, for the period of the license, shall not exceed | ||||||
5 | $20,000.
The maximum penalty that may be imposed on a | ||||||
6 | licensee for selling a bottle of
alcoholic liquor with a | ||||||
7 | foreign object in it or serving from a bottle of
alcoholic | ||||||
8 | liquor with a foreign object in it shall be the destruction | ||||||
9 | of that
bottle of alcoholic liquor for the first 10 bottles | ||||||
10 | so sold or served from by
the licensee. For the eleventh | ||||||
11 | bottle of alcoholic liquor and for each third
bottle | ||||||
12 | thereafter sold or served from by the licensee with a | ||||||
13 | foreign object in
it, the maximum penalty that may be | ||||||
14 | imposed on the licensee is the destruction
of the bottle of | ||||||
15 | alcoholic liquor and a fine of up to $50.
| ||||||
16 | (2) To adopt such rules and regulations consistent with | ||||||
17 | the
provisions of this Act which shall be necessary to | ||||||
18 | carry on its
functions and duties to the end that the | ||||||
19 | health, safety and welfare of
the People of the State of | ||||||
20 | Illinois shall be protected and temperance in
the | ||||||
21 | consumption of alcoholic liquors shall be fostered and | ||||||
22 | promoted and
to distribute copies of such rules and | ||||||
23 | regulations to all licensees
affected thereby.
| ||||||
24 | (3) To call upon other administrative departments of | ||||||
25 | the State,
county and municipal governments, county and | ||||||
26 | city police departments and
upon prosecuting officers for |
| |||||||
| |||||||
1 | such information and assistance as it
deems necessary in | ||||||
2 | the performance of its duties.
| ||||||
3 | (4) To recommend to local commissioners rules and | ||||||
4 | regulations, not
inconsistent with the law, for the | ||||||
5 | distribution and sale of alcoholic
liquors throughout the | ||||||
6 | State.
| ||||||
7 | (5) To inspect, or cause to be inspected, any
premises | ||||||
8 | in this State
where alcoholic liquors are manufactured, | ||||||
9 | distributed, warehoused, or
sold. Nothing in this Act
| ||||||
10 | authorizes an agent of the Commission to inspect private
| ||||||
11 | areas within the premises without reasonable suspicion or a | ||||||
12 | warrant
during an inspection. "Private areas" include, but | ||||||
13 | are not limited to, safes, personal property, and closed | ||||||
14 | desks.
| ||||||
15 | (5.1) Upon receipt of a complaint or upon having | ||||||
16 | knowledge that any person
is engaged in business as a | ||||||
17 | manufacturer, importing distributor, distributor,
or | ||||||
18 | retailer without a license or valid license, to notify the | ||||||
19 | local liquor
authority, file a complaint with the State's | ||||||
20 | Attorney's Office of the county
where the incident | ||||||
21 | occurred, or initiate an investigation with the | ||||||
22 | appropriate
law enforcement officials.
| ||||||
23 | (5.2) To issue a cease and desist notice to persons | ||||||
24 | shipping alcoholic
liquor
into this State from a point | ||||||
25 | outside of this State if the shipment is in
violation of | ||||||
26 | this Act.
|
| |||||||
| |||||||
1 | (5.3) To receive complaints from licensees, local | ||||||
2 | officials, law
enforcement agencies, organizations, and | ||||||
3 | persons stating that any licensee has
been or is violating | ||||||
4 | any provision of this Act or the rules and regulations
| ||||||
5 | issued pursuant to this Act. Such complaints shall be in | ||||||
6 | writing, signed and
sworn to by the person making the | ||||||
7 | complaint, and shall state with specificity
the facts in | ||||||
8 | relation to the alleged violation. If the Commission has
| ||||||
9 | reasonable grounds to believe that the complaint | ||||||
10 | substantially alleges a
violation of this Act or rules and | ||||||
11 | regulations adopted pursuant to this Act, it
shall conduct | ||||||
12 | an investigation. If, after conducting an investigation, | ||||||
13 | the
Commission is satisfied that the alleged violation did | ||||||
14 | occur, it shall proceed
with disciplinary action against | ||||||
15 | the licensee as provided in this Act.
| ||||||
16 | (6) To hear and determine appeals from orders of a | ||||||
17 | local commission
in accordance with the provisions of this | ||||||
18 | Act, as hereinafter set forth.
Hearings under this | ||||||
19 | subsection shall be held in Springfield or Chicago,
at | ||||||
20 | whichever location is the more convenient for the majority | ||||||
21 | of persons
who are parties to the hearing.
| ||||||
22 | (7) The commission shall establish uniform systems of | ||||||
23 | accounts to be
kept by all retail licensees having more | ||||||
24 | than 4 employees, and for this
purpose the commission may | ||||||
25 | classify all retail licensees having more
than 4 employees | ||||||
26 | and establish a uniform system of accounts for each
class |
| |||||||
| |||||||
1 | and prescribe the manner in which such accounts shall be | ||||||
2 | kept.
The commission may also prescribe the forms of | ||||||
3 | accounts to be kept by
all retail licensees having more | ||||||
4 | than 4 employees, including but not
limited to accounts of | ||||||
5 | earnings and expenses and any distribution,
payment, or | ||||||
6 | other distribution of earnings or assets, and any other
| ||||||
7 | forms, records and memoranda which in the judgment of the | ||||||
8 | commission may
be necessary or appropriate to carry out any | ||||||
9 | of the provisions of this
Act, including but not limited to | ||||||
10 | such forms, records and memoranda as
will readily and | ||||||
11 | accurately disclose at all times the beneficial
ownership | ||||||
12 | of such retail licensed business. The accounts, forms,
| ||||||
13 | records and memoranda shall be available at all reasonable | ||||||
14 | times for
inspection by authorized representatives of the | ||||||
15 | State commission or by
any local liquor control | ||||||
16 | commissioner or his or her authorized representative.
The | ||||||
17 | commission, may, from time to time, alter, amend or repeal, | ||||||
18 | in whole
or in part, any uniform system of accounts, or the | ||||||
19 | form and manner of
keeping accounts.
| ||||||
20 | (8) In the conduct of any hearing authorized to be held | ||||||
21 | by the
commission, to appoint, at the commission's | ||||||
22 | discretion, hearing officers
to conduct hearings involving | ||||||
23 | complex issues or issues that will require a
protracted | ||||||
24 | period of time to resolve, to examine, or cause to be | ||||||
25 | examined,
under oath, any licensee, and to examine or cause | ||||||
26 | to be examined the books and
records
of such licensee; to |
| |||||||
| |||||||
1 | hear testimony and take proof material for its
information | ||||||
2 | in the discharge of its duties hereunder; to administer or
| ||||||
3 | cause to be administered oaths; for any such purpose to | ||||||
4 | issue
subpoena or subpoenas to require the attendance of | ||||||
5 | witnesses and the
production of books, which shall be | ||||||
6 | effective in any part of this State, and
to adopt rules to | ||||||
7 | implement its powers under this paragraph (8).
| ||||||
8 | Any Circuit Court may by order duly entered,
require | ||||||
9 | the attendance of witnesses and the production of relevant | ||||||
10 | books
subpoenaed by the State commission and the court may | ||||||
11 | compel
obedience to its order by proceedings for contempt.
| ||||||
12 | (9) To investigate the administration of laws in | ||||||
13 | relation to
alcoholic liquors in this and other states and | ||||||
14 | any foreign countries,
and to recommend from time to time | ||||||
15 | to the Governor and through him or
her to the legislature | ||||||
16 | of this State, such amendments to this Act, if any, as
it | ||||||
17 | may think desirable and as will serve to further the | ||||||
18 | general broad
purposes contained in Section 1-2 hereof.
| ||||||
19 | (10) To adopt such rules and regulations consistent | ||||||
20 | with the
provisions of this Act which shall be necessary | ||||||
21 | for the control, sale or
disposition of alcoholic liquor | ||||||
22 | damaged as a result of an accident, wreck,
flood, fire or | ||||||
23 | other similar occurrence.
| ||||||
24 | (11) To develop industry educational programs related | ||||||
25 | to responsible
serving and selling, particularly in the | ||||||
26 | areas of overserving consumers and
illegal underage |
| |||||||
| |||||||
1 | purchasing and consumption of alcoholic beverages.
| ||||||
2 | (11.1) To license persons providing education and | ||||||
3 | training to alcohol
beverage sellers and servers for | ||||||
4 | mandatory and non-mandatory training under the
Beverage | ||||||
5 | Alcohol Sellers and Servers
Education and Training | ||||||
6 | (BASSET) programs and to develop and administer a public
| ||||||
7 | awareness program in Illinois to reduce or eliminate the | ||||||
8 | 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
| ||||||
11 | Commission.
| ||||||
12 | (12) To develop and maintain a repository of license | ||||||
13 | and regulatory
information.
| ||||||
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.
| ||||||
23 | As part of its report, the Commission shall provide the | ||||||
24 | following essential
information:
| ||||||
25 | (i) the number of retail distributors of tobacco | ||||||
26 | products, by type and
geographic area, in the State;
|
| |||||||
| |||||||
1 | (ii) the number of reported citations and | ||||||
2 | successful convictions,
categorized by type and | ||||||
3 | location of retail distributor, for violation of the
| ||||||
4 | Prevention of Tobacco Use by Minors and Sale and | ||||||
5 | Distribution of Tobacco Products Act and the Smokeless
| ||||||
6 | Tobacco Limitation Act;
| ||||||
7 | (iii) the extent and nature of organized | ||||||
8 | educational and governmental
activities that are | ||||||
9 | intended to promote, encourage or otherwise secure
| ||||||
10 | compliance with any Illinois laws that prohibit the | ||||||
11 | sale or distribution of
tobacco products to minors; and
| ||||||
12 | (iv) the level of access and availability of | ||||||
13 | tobacco products to
individuals under the age of 18.
| ||||||
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.
| ||||||
20 | The Commission shall consult with the Department of | ||||||
21 | Public Health, the
Department of Human Services, the
| ||||||
22 | Illinois State Police and any
other executive branch | ||||||
23 | agency, and private organizations that may have
| ||||||
24 | information relevant to this report.
| ||||||
25 | The Commission may contract with the Food and Drug | ||||||
26 | Administration of the
U.S. Department of Health and Human |
| |||||||
| |||||||
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.
| ||||||
5 | (14) On or before April 30, 2008 and every 2 years
| ||||||
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
| ||||||
9 | the 95th General Assembly on the business of soliciting,
| ||||||
10 | selling, and shipping wine from inside and outside of this
| ||||||
11 | State directly to residents of this State. As part of its
| ||||||
12 | report, the Commission shall provide all of the
following | ||||||
13 | information: | ||||||
14 | (A) The amount of State excise and sales tax
| ||||||
15 | revenues generated. | ||||||
16 | (B) The amount of licensing fees received. | ||||||
17 | (C) The number of cases of wine shipped from inside
| ||||||
18 | and outside of this State directly to residents of this
| ||||||
19 | State. | ||||||
20 | (D) The number of alcohol compliance operations
| ||||||
21 | conducted. | ||||||
22 | (E) The number of winery shipper's licenses
| ||||||
23 | issued. | ||||||
24 | (F) The number of each of the following: reported
| ||||||
25 | violations; cease and desist notices issued by the
| ||||||
26 | Commission; notices of violations issued by
the |
| |||||||
| |||||||
1 | Commission and to the Department of Revenue;
and | ||||||
2 | notices and complaints of violations to law
| ||||||
3 | enforcement officials, including, without limitation,
| ||||||
4 | the Illinois Attorney General and the U.S. Department
| ||||||
5 | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | ||||||
6 | (15) As a means to reduce the underage consumption of
| ||||||
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
| ||||||
12 | attempting to sell wine to persons under 21 years of age in
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
| ||||||
13 | (18) (A) A class 1 brewer licensee, who must also be | ||||||
14 | 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 brewer licensee shall | ||||||
22 | state (1) the date it was established; (2) its volume | ||||||
23 | of beer manufactured and sold for each year since its | ||||||
24 | establishment; (3) its efforts to establish | ||||||
25 | distributor relationships; (4) that a | ||||||
26 | self-distribution exemption is necessary to facilitate |
| |||||||
| |||||||
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 brewer licensee: (1) is in | ||||||
10 | 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; (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 it 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 |
| |||||||
| |||||||
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 a 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 |
| |||||||
| |||||||
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. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15; | ||||||
22 | 98-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. | ||||||
23 | 8-24-15.)
| ||||||
24 | (235 ILCS 5/3-14) (from Ch. 43, par. 109)
| ||||||
25 | Sec. 3-14. Issuance of license by Commission. Nothing |
| |||||||
| |||||||
1 | contained in this
Act shall, however, be construed to
permit | ||||||
2 | the State Commission to issue any license, other than
| ||||||
3 | manufacturer's, foreign importer's, importing distributor's, | ||||||
4 | non-resident
dealer's, and
distributor's, broker's and | ||||||
5 | non-beverage user's license for any premises in any
prohibited | ||||||
6 | territory, or to issue any license other than manufacturer's,
| ||||||
7 | foreign importer's, importing distributor's, non-resident | ||||||
8 | dealer's,
distributor's,
railroad's,
airplane's, boat's, or | ||||||
9 | broker's license, auction liquor license, or
non-beverage
| ||||||
10 | user's license, unless the
person applying for such license | ||||||
11 | shall have obtained a local license for
the same premises. For | ||||||
12 | purposes of this Section and only in regards to a hotel, the | ||||||
13 | local license issued for the same premises may include multiple | ||||||
14 | local licenses issued to a hotel operator for various portions | ||||||
15 | of the hotel building, structure, or adjacent property owned | ||||||
16 | and managed by the hotel operator in which alcoholic liquors | ||||||
17 | may be stored, offered for sale, and sold; however, all of | ||||||
18 | those portions of the hotel building, structure, or adjacent | ||||||
19 | property shall be considered the hotel premises for purposes of | ||||||
20 | the issuance of a retailer's license by the State Commission. | ||||||
21 | When such person has obtained a local license and has
made | ||||||
22 | application to the State Commission in conformity with this Act | ||||||
23 | and
paid the license fee provided, it shall be the duty of the | ||||||
24 | State Commission
to issue a retailer's license to him; | ||||||
25 | provided, however, that the State
Commission may refuse the | ||||||
26 | issuance or renewal of a retailer's license, upon
notice and |
| |||||||
| |||||||
1 | after hearing, upon the grounds authorized in Section 6-3
of | ||||||
2 | this Act, and, provided further, that the issuance of such
| ||||||
3 | license shall not prejudice the State Commission's action in | ||||||
4 | subsequently
suspending or revoking such license if it is | ||||||
5 | determined by the State
Commission, upon notice and after | ||||||
6 | hearing, that the licensee has, within
the same or the | ||||||
7 | preceding license period, violated any provision of this
Act or | ||||||
8 | any rule or regulation issued pursuant thereto and in effect | ||||||
9 | for 30
days prior to such violation.
The Commission may also | ||||||
10 | refuse to renew a license if the licensee has failed
to pay an | ||||||
11 | offer in compromise, pre-disciplinary settlement, or a fine | ||||||
12 | imposed
by order.
| ||||||
13 | (Source: P.A. 99-46, eff. 7-15-15.)
| ||||||
14 | (235 ILCS 5/4-4) (from Ch. 43, par. 112)
| ||||||
15 | Sec. 4-4. Each local liquor control commissioner shall also | ||||||
16 | have the
following powers, functions and duties with respect to | ||||||
17 | licenses, other than
licenses to manufacturers, importing | ||||||
18 | distributors, distributors, foreign
importers, non-resident | ||||||
19 | dealers, non-beverage users, brokers, railroads,
airplanes and | ||||||
20 | boats.
| ||||||
21 | 1. To grant and or suspend for not more than thirty | ||||||
22 | days or revoke for
cause all local licenses issued to | ||||||
23 | persons for premises within his
jurisdiction;
| ||||||
24 | 2. To enter or to authorize any law enforcing officer | ||||||
25 | to enter at any
time upon any premises licensed hereunder |
| |||||||
| |||||||
1 | to determine whether any of the
provisions of this Act or | ||||||
2 | any rules or regulations adopted by him or by the
State | ||||||
3 | Commission have been or are being violated, and at such | ||||||
4 | time to
examine said premises of said licensee in | ||||||
5 | connection therewith;
| ||||||
6 | 3. To notify the Secretary of State where a club | ||||||
7 | incorporated under the
General Not for Profit Corporation | ||||||
8 | Act of 1986 or a foreign corporation
functioning
as a club | ||||||
9 | in this State under a certificate of authority issued under | ||||||
10 | that
Act has violated this Act by selling or offering for | ||||||
11 | sale at retail alcoholic
liquors without a retailer's | ||||||
12 | license;
| ||||||
13 | 4. To receive complaint from any citizen within his | ||||||
14 | jurisdiction that
any of the provisions of this Act, or any | ||||||
15 | rules or regulations adopted
pursuant hereto, have been or | ||||||
16 | are being violated and to act upon such
complaints in the | ||||||
17 | manner hereinafter provided;
| ||||||
18 | 5. To receive local license fees and pay the same | ||||||
19 | forthwith to the city,
village, town or county treasurer as | ||||||
20 | the case may be.
| ||||||
21 | Each local liquor commissioner also has the duty to notify
| ||||||
22 | the Secretary of State of any convictions or dispositions of | ||||||
23 | court supervision for a violation of Section 6-20 of
this Act | ||||||
24 | or a similar provision of a local ordinance.
| ||||||
25 | In counties and municipalities, the local liquor control
| ||||||
26 | commissioners shall also have the power to levy fines in |
| |||||||
| |||||||
1 | accordance with
Section 7-5 of this Act.
| ||||||
2 | (Source: P.A. 95-166, eff. 1-1-08.)
| ||||||
3 | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | ||||||
4 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
5 | Commission
shall be of the following classes: | ||||||
6 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
7 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| ||||||
8 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
9 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
10 | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | ||||||
11 | 10. Class 1 Brewer, Class 11. Class 2 Brewer, | ||||||
12 | (b) Distributor's license, | ||||||
13 | (c) (Blank), Importing Distributor's license, | ||||||
14 | (d) Retailer's license, | ||||||
15 | (e) Special Event Retailer's license (not-for-profit), | ||||||
16 | (f) Railroad license, | ||||||
17 | (g) Boat license, | ||||||
18 | (h) Non-Beverage User's license, | ||||||
19 | (i) Wine-maker's premises license, | ||||||
20 | (j) Airplane license, | ||||||
21 | (k) Foreign importer's license, | ||||||
22 | (l) Broker's license, | ||||||
23 | (m) Non-resident dealer's
license, | ||||||
24 | (n) Brew Pub license, | ||||||
25 | (o) Auction liquor license, |
| |||||||
| |||||||
1 | (p) Caterer retailer license, | ||||||
2 | (q) Special use permit license, | ||||||
3 | (r) Winery shipper's license.
| ||||||
4 | No
person, firm, partnership, corporation, or other legal | ||||||
5 | business entity that is
engaged in the manufacturing of wine | ||||||
6 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
7 | wine manufacturer's license. | ||||||
8 | (a) A manufacturer's license shall allow the manufacture,
| ||||||
9 | importation in bulk, storage, distribution and sale of | ||||||
10 | alcoholic liquor
to persons without the State, as may be | ||||||
11 | permitted by law and to licensees
in this State as follows: | ||||||
12 | Class 1. A Distiller may make sales and deliveries of | ||||||
13 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
14 | distributors, distributors , and
non-beverage users and to no | ||||||
15 | other licensees. | ||||||
16 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
17 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
18 | rectifiers, importing distributors,
distributors, retailers , | ||||||
19 | and non-beverage users and to no other licensees. | ||||||
20 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
21 | importing
distributors and distributors and may make sales as | ||||||
22 | authorized under subsection (e) of Section 6-4 of this Act. | ||||||
23 | Class 4. A first class wine-manufacturer may make sales and | ||||||
24 | deliveries of
up to 50,000 gallons of wine to manufacturers ,
| ||||||
25 | importing
distributors and distributors, and to no other | ||||||
26 | licensees. |
| |||||||
| |||||||
1 | Class 5. A second class Wine manufacturer may make sales | ||||||
2 | and deliveries
of more than 50,000 gallons of wine to | ||||||
3 | manufacturers , importing distributors
and distributors and to | ||||||
4 | no other licensees. | ||||||
5 | Class 6. A first-class wine-maker's license shall allow the | ||||||
6 | manufacture
of up to 50,000 gallons of wine per year, and the
| ||||||
7 | storage
and sale of such
wine to distributors in the State and | ||||||
8 | to persons without the
State, as may be permitted by law. A | ||||||
9 | person who, prior to June 1, 2008 ( the effective date of Public | ||||||
10 | Act 95-634) this amendatory Act of the 95th General Assembly , | ||||||
11 | is a holder of a first-class wine-maker's license and annually | ||||||
12 | produces more than 25,000 gallons of its own wine and who | ||||||
13 | distributes its wine to licensed retailers shall cease this | ||||||
14 | practice on or before July 1, 2008 in compliance with Public | ||||||
15 | Act 95-634 this amendatory Act of the 95th General Assembly . | ||||||
16 | Class 7. A second-class wine-maker's license shall allow | ||||||
17 | the manufacture
of between 50,000 and 150,000 gallons of wine | ||||||
18 | per year, and
the
storage and sale of such wine
to distributors | ||||||
19 | in this State and to persons without the State, as may be
| ||||||
20 | permitted by law. A person who, prior to June 1, 2008 ( the | ||||||
21 | effective date of Public Act 95-634) this amendatory Act of the | ||||||
22 | 95th General Assembly , is a holder of a second-class | ||||||
23 | wine-maker's license and annually produces more than 25,000 | ||||||
24 | gallons of its own wine and who distributes its wine to | ||||||
25 | licensed retailers shall cease this practice on or before July | ||||||
26 | 1, 2008 in compliance with Public Act 95-634 this amendatory |
| |||||||
| |||||||
1 | Act of the 95th General Assembly . | ||||||
2 | Class 8. A limited wine-manufacturer may make sales and | ||||||
3 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
4 | distributors, and to
non-licensees in accordance with the | ||||||
5 | provisions of this Act. | ||||||
6 | Class 9. A craft distiller license shall allow the | ||||||
7 | manufacture of up to 30,000 gallons of spirits by distillation | ||||||
8 | for one year after March 1, 2013 ( the effective date of Public | ||||||
9 | Act 97-1166) this amendatory Act of the 97th General Assembly | ||||||
10 | and up to 35,000 gallons of spirits by distillation per year | ||||||
11 | thereafter and the storage of such spirits. If a craft | ||||||
12 | distiller licensee is not affiliated with any other | ||||||
13 | manufacturer, then the craft distiller licensee may sell such | ||||||
14 | spirits to distributors in this State and up to 2,500 gallons | ||||||
15 | of such spirits to non-licensees to the extent permitted by any | ||||||
16 | exemption approved by the Commission pursuant to Section 6-4 of | ||||||
17 | this Act. | ||||||
18 | Any craft distiller licensed under this Act who on July 28, | ||||||
19 | 2010 ( the effective date of Public Act 96-1367) this amendatory | ||||||
20 | Act of the 96th General Assembly was licensed as a distiller | ||||||
21 | and manufactured no more spirits than permitted by this Section | ||||||
22 | shall not be required to pay the initial licensing fee. | ||||||
23 | Class 10. A class 1 brewer license, which may only be | ||||||
24 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
25 | shall allow the manufacture of up to 930,000 gallons of beer | ||||||
26 | per year provided that the class 1 brewer licensee does not |
| |||||||
| |||||||
1 | manufacture more than a combined 930,000 gallons of beer per | ||||||
2 | year and is not a member of or affiliated with, directly or | ||||||
3 | indirectly, a manufacturer that produces more than 930,000 | ||||||
4 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
5 | 1 brewer licensee may make sales and deliveries to importing | ||||||
6 | distributors and distributors and to retail licensees in | ||||||
7 | accordance with the conditions set forth in paragraph (18) of | ||||||
8 | subsection (a) of Section 3-12 of this Act. | ||||||
9 | Class 11. A class 2 brewer license, which may only be | ||||||
10 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
11 | shall allow the manufacture of up to 3,720,000 gallons of beer | ||||||
12 | per year provided that the class 2 brewer licensee does not | ||||||
13 | manufacture more than a combined 3,720,000 gallons of beer per | ||||||
14 | year and is not a member of or affiliated with, directly or | ||||||
15 | indirectly, a manufacturer that produces more than 3,720,000 | ||||||
16 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
17 | 2 brewer licensee may make sales and deliveries to importing | ||||||
18 | distributors and distributors, but shall not make sales or | ||||||
19 | deliveries to any other licensee. If the State Commission | ||||||
20 | provides prior approval, a class 2 brewer licensee may annually | ||||||
21 | transfer up to 3,720,000 gallons of beer manufactured by that | ||||||
22 | class 2 brewer licensee to the premises of a licensed class 2 | ||||||
23 | brewer wholly owned and operated by the same licensee. | ||||||
24 | (a-1) A manufacturer which is licensed in this State to | ||||||
25 | make sales or
deliveries of alcoholic liquor to licensed | ||||||
26 | distributors or importing distributors and which enlists |
| |||||||
| |||||||
1 | agents, representatives, or
individuals acting on its behalf | ||||||
2 | who contact licensed retailers on a regular
and continual basis | ||||||
3 | in this State must register those agents, representatives,
or | ||||||
4 | persons acting on its behalf with the State Commission. | ||||||
5 | Registration of agents, representatives, or persons acting | ||||||
6 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
7 | to the Commission. The form
shall be developed by the | ||||||
8 | Commission and shall include the name and address of
the | ||||||
9 | applicant, the name and address of the manufacturer he or she | ||||||
10 | represents,
the territory or areas assigned to sell to or | ||||||
11 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
12 | questions deemed appropriate and necessary.
All statements in | ||||||
13 | the forms required to be made by law or by rule shall be
deemed | ||||||
14 | material, and any person who knowingly misstates any material | ||||||
15 | fact under
oath in an application is guilty of a Class B | ||||||
16 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
17 | misleading statements, evasions, or
suppression of material | ||||||
18 | facts in the securing of a registration are grounds for
| ||||||
19 | suspension or revocation of the registration. The State | ||||||
20 | Commission shall post a list of registered agents on the | ||||||
21 | Commission's website. | ||||||
22 | (b) A distributor's license shall allow the wholesale | ||||||
23 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
24 | liquors to licensees
in this State and to persons without the | ||||||
25 | State, as may be permitted by law. A distributor's license | ||||||
26 | shall further allow the
importation of alcoholic liquor by the |
| |||||||
| |||||||
1 | licensee into this State
from any point in the United States | ||||||
2 | outside this State and the
purchase of alcoholic liquor in | ||||||
3 | barrels, casks, or other bulk
containers and the bottling of | ||||||
4 | such alcoholic liquors before
resale thereof, but all bottles | ||||||
5 | or containers so filled shall
be sealed, labeled, stamped, and | ||||||
6 | otherwise made to comply with
all provisions, rules, and | ||||||
7 | regulations governing manufacturers in the preparation and | ||||||
8 | bottling of alcoholic liquors. The distributor's license shall | ||||||
9 | also permit such licensee to
purchase alcoholic liquor from | ||||||
10 | Illinois licensed non-resident
dealers, foreign importers, and | ||||||
11 | other sources as permitted by this Act. A distributor's license | ||||||
12 | may not be granted to any holder of a manufacturer's license, | ||||||
13 | as listed in subsection (a), or holder of a non-resident dealer | ||||||
14 | license. | ||||||
15 | (c) (Blank). An importing distributor's license may be | ||||||
16 | issued to and held by
those only who are duly licensed | ||||||
17 | distributors, upon the filing of an
application by a duly | ||||||
18 | licensed distributor, with the Commission and
the Commission | ||||||
19 | shall, without the
payment of any fee, immediately issue such | ||||||
20 | importing distributor's
license to the applicant, which shall | ||||||
21 | allow the importation of alcoholic
liquor by the licensee into | ||||||
22 | this State from any point in the United
States outside this | ||||||
23 | State, and the purchase of alcoholic liquor in
barrels, casks | ||||||
24 | or other bulk containers and the bottling of such
alcoholic | ||||||
25 | liquors before resale thereof, but all bottles or containers
so | ||||||
26 | filled shall be sealed, labeled, stamped and otherwise made to |
| |||||||
| |||||||
1 | comply
with all provisions, rules and regulations governing | ||||||
2 | manufacturers in
the preparation and bottling of alcoholic | ||||||
3 | liquors. The importing
distributor's license shall permit such | ||||||
4 | licensee to purchase alcoholic
liquor from Illinois licensed | ||||||
5 | non-resident dealers and foreign importers only. | ||||||
6 | (d) A retailer's license shall allow the licensee to sell | ||||||
7 | and offer
for sale at retail, only in the premises specified in | ||||||
8 | the license,
alcoholic liquor for use or consumption, but not | ||||||
9 | for resale in any form. Nothing in Public Act 95-634 this | ||||||
10 | amendatory Act of the 95th General Assembly shall deny, limit, | ||||||
11 | remove, or restrict the ability of a holder of a retailer's | ||||||
12 | license to transfer, deliver, or ship alcoholic liquor to the | ||||||
13 | purchaser for use or consumption subject to any applicable | ||||||
14 | local law or ordinance. Any retail license issued to a | ||||||
15 | manufacturer shall only
permit the manufacturer to sell beer at | ||||||
16 | retail on the premises actually
occupied by the manufacturer. | ||||||
17 | For the purpose of further describing the type of business | ||||||
18 | conducted at a retail licensed premises, a retailer's licensee | ||||||
19 | may be designated by the State Commission as (i) an on premise | ||||||
20 | consumption retailer, (ii) an off premise sale retailer, or | ||||||
21 | (iii) a combined on premise consumption and off premise sale | ||||||
22 | retailer.
| ||||||
23 | Notwithstanding any other provision of this subsection | ||||||
24 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
25 | event retailer licensee for
resale to the extent permitted | ||||||
26 | under subsection (e). |
| |||||||
| |||||||
1 | (e) A special event retailer's license (not-for-profit) | ||||||
2 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
3 | Illinois licensed distributor
(unless the licensee purchases | ||||||
4 | less than $500 of alcoholic liquors for the
special event, in | ||||||
5 | which case the licensee may purchase the alcoholic liquors
from | ||||||
6 | a licensed retailer) and shall allow the licensee to sell and | ||||||
7 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
8 | consumption, but not for resale
in any form and only at the | ||||||
9 | location and on the specific dates designated for
the special | ||||||
10 | event in the license. An applicant for a special event retailer
| ||||||
11 | license must
(i) furnish with the application: (A) a resale | ||||||
12 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
13 | Act or evidence that the applicant is
registered under Section | ||||||
14 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
15 | exemption identification
number issued under Section 1g of the | ||||||
16 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
17 | Commission that the purchase of alcoholic liquors will be
a | ||||||
18 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
19 | not registered
under Section 2a of the Retailers' Occupation | ||||||
20 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
21 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
22 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
23 | in which event the Commission shall set forth on the special | ||||||
24 | event
retailer's license a statement to that effect; (ii) | ||||||
25 | submit with the application proof satisfactory to
the State | ||||||
26 | Commission that the applicant will provide dram shop liability
|
| |||||||
| |||||||
1 | insurance in the maximum limits; and (iii) show proof | ||||||
2 | satisfactory to the
State Commission that the applicant has | ||||||
3 | obtained local authority
approval. | ||||||
4 | (f) A railroad license shall permit the licensee to import | ||||||
5 | alcoholic
liquors into this State from any point in the United | ||||||
6 | States outside this
State and to store such alcoholic liquors | ||||||
7 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
8 | directly from manufacturers, foreign
importers, and | ||||||
9 | distributors and importing distributors from within or outside
| ||||||
10 | this State; and to store such alcoholic liquors in this State; | ||||||
11 | provided
that the above powers may be exercised only in | ||||||
12 | connection with the
importation, purchase or storage of | ||||||
13 | alcoholic liquors to be sold or
dispensed on a club, buffet, | ||||||
14 | lounge or dining car operated on an electric,
gas or steam | ||||||
15 | railway in this State; and provided further, that railroad
| ||||||
16 | licensees exercising the above powers shall be subject to all | ||||||
17 | provisions of
Article VIII of this Act as applied to importing | ||||||
18 | distributors. A railroad
license shall also permit the licensee | ||||||
19 | to sell or dispense alcoholic
liquors on any club, buffet, | ||||||
20 | lounge or dining car operated on an electric,
gas or steam | ||||||
21 | railway 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 license shall be | ||||||
24 | obtained for each car in which
such sales are made. | ||||||
25 | (g) A boat license shall allow the sale of alcoholic liquor | ||||||
26 | in
individual drinks, on any passenger boat regularly operated |
| |||||||
| |||||||
1 | as a common
carrier on navigable waters in this State or on any | ||||||
2 | riverboat operated
under
the Riverboat Gambling Act, which boat | ||||||
3 | or riverboat maintains a public
dining room or restaurant | ||||||
4 | thereon. | ||||||
5 | (h) A non-beverage user's license shall allow the licensee | ||||||
6 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
7 | importing
distributor, without the imposition of any tax upon | ||||||
8 | the business of such
licensed manufacturer or importing | ||||||
9 | distributor as to such alcoholic
liquor to be used by such | ||||||
10 | licensee solely for the non-beverage purposes
set forth in | ||||||
11 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
12 | shall be divided and classified and shall permit the
purchase, | ||||||
13 | possession and use of limited and stated quantities of
| ||||||
14 | alcoholic liquor as follows: | ||||||
15 | Class 1, not to exceed ......................... 500 gallons
| ||||||
16 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
17 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
18 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
19 | Class 5, not to exceed ....................... 50,000 gallons | ||||||
20 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
21 | that concurrently holds a first-class wine-maker's license to | ||||||
22 | sell
and offer for sale at retail in the premises specified in | ||||||
23 | such license
not more than 50,000 gallons of the first-class | ||||||
24 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
25 | licensed premises per year for use or
consumption, but not for | ||||||
26 | resale in any form. A wine-maker's premises
license shall allow |
| |||||||
| |||||||
1 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
2 | license to sell and offer for sale at retail in the premises
| ||||||
3 | specified in such license up to 100,000 gallons of the
| ||||||
4 | second-class wine-maker's wine that is made at the second-class | ||||||
5 | wine-maker's
licensed premises per year
for use or consumption | ||||||
6 | but not for resale in any form. A wine-maker's premises license | ||||||
7 | shall allow a
licensee that concurrently holds a first-class | ||||||
8 | wine-maker's license or a second-class
wine-maker's license to | ||||||
9 | sell
and offer for sale at retail at the premises specified in | ||||||
10 | the wine-maker's premises license, for use or consumption but | ||||||
11 | not for resale in any form, any beer, wine, and spirits | ||||||
12 | purchased from a licensed distributor. Upon approval from the
| ||||||
13 | State Commission, a wine-maker's premises license
shall allow | ||||||
14 | the licensee to sell and offer for sale at (i) the wine-maker's
| ||||||
15 | licensed premises and (ii) at up to 2 additional locations for | ||||||
16 | use and
consumption and not for resale. Each location shall | ||||||
17 | require additional
licensing per location as specified in | ||||||
18 | Section 5-3 of this Act. A wine-maker's premises licensee shall
| ||||||
19 | secure liquor liability insurance coverage in an amount at
| ||||||
20 | least equal to the maximum liability amounts set forth in
| ||||||
21 | subsection (a) of Section 6-21 of this Act.
| ||||||
22 | (j) An airplane license shall permit the licensee to import
| ||||||
23 | alcoholic liquors into this State from any point in the United | ||||||
24 | States
outside this State and to store such alcoholic liquors | ||||||
25 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
26 | directly from
manufacturers, foreign importers, and |
| |||||||
| |||||||
1 | distributors and importing
distributors from within or outside | ||||||
2 | this State; and to store such
alcoholic liquors in this State; | ||||||
3 | provided that the above powers may be
exercised only in | ||||||
4 | connection with the importation, purchase or storage
of | ||||||
5 | alcoholic liquors to be sold or dispensed on an airplane; and
| ||||||
6 | provided further, that airplane licensees exercising the above | ||||||
7 | powers
shall be subject to all provisions of Article VIII of | ||||||
8 | this Act as
applied to importing distributors. An airplane | ||||||
9 | licensee shall also
permit the sale or dispensing of alcoholic | ||||||
10 | liquors on any passenger
airplane regularly operated by a | ||||||
11 | common carrier in this State, but shall
not permit the sale for | ||||||
12 | resale of any alcoholic liquors to any licensee
within this | ||||||
13 | State. A single airplane license shall be required of an
| ||||||
14 | airline company if liquor service is provided on board aircraft | ||||||
15 | in this
State. The annual fee for such license shall be as | ||||||
16 | determined in
Section 5-3. | ||||||
17 | (k) A foreign importer's license shall permit such licensee | ||||||
18 | to purchase
alcoholic liquor from Illinois licensed | ||||||
19 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
20 | than in bulk from any point outside the
United States and to | ||||||
21 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
22 | distributors and to no one else in Illinois;
provided that (i) | ||||||
23 | the foreign importer registers with the State Commission
every
| ||||||
24 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
25 | licensees during the
license period, (ii) the foreign importer | ||||||
26 | complies with all of the provisions
of Section
6-9 of this Act |
| |||||||
| |||||||
1 | with respect to registration of such Illinois licensees as may
| ||||||
2 | be granted the
right to sell such brands at wholesale, and | ||||||
3 | (iii) the foreign importer complies with the provisions of | ||||||
4 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
5 | provisions apply to manufacturers. | ||||||
6 | (l) (i) A broker's license shall be required of all persons
| ||||||
7 | who solicit
orders for, offer to sell or offer to supply | ||||||
8 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
9 | offer to retailers to ship or
cause to be shipped or to make | ||||||
10 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
11 | or any other party within or without the State
of Illinois in | ||||||
12 | order that alcoholic liquors be shipped to a distributor ,
| ||||||
13 | importing distributor or foreign importer, whether such | ||||||
14 | solicitation or
offer is consummated within or without the | ||||||
15 | State of Illinois. | ||||||
16 | No holder of a retailer's license issued by the Illinois | ||||||
17 | Liquor
Control Commission shall purchase or receive any | ||||||
18 | alcoholic liquor, the
order for which was solicited or offered | ||||||
19 | for sale to such retailer by a
broker unless the broker is the | ||||||
20 | holder of a valid broker's license. | ||||||
21 | The broker shall, upon the acceptance by a retailer of the | ||||||
22 | broker's
solicitation of an order or offer to sell or supply or | ||||||
23 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
24 | to the Illinois Liquor
Control Commission a notification of | ||||||
25 | said transaction in such form as
the Commission may by | ||||||
26 | regulations prescribe. |
| |||||||
| |||||||
1 | (ii) A broker's license shall be required of
a person | ||||||
2 | within this State, other than a retail licensee,
who, for a fee | ||||||
3 | or commission, promotes, solicits, or accepts orders for
| ||||||
4 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
5 | be shipped from this State and delivered to residents outside | ||||||
6 | of
this State by an express company, common carrier, or | ||||||
7 | contract carrier.
This Section does not apply to any person who | ||||||
8 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
9 | authorized in Section 6-29 of this Act. | ||||||
10 | A broker's license under this subsection (l)
shall not | ||||||
11 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
12 | own account or to take or deliver title to
such alcoholic | ||||||
13 | liquors. | ||||||
14 | This subsection (l)
shall not apply to distributors, | ||||||
15 | employees of
distributors, or employees of a manufacturer who | ||||||
16 | has registered the
trademark, brand or name of the alcoholic | ||||||
17 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
18 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
19 | its registrants thereunder. | ||||||
20 | Any agent, representative, or person subject to | ||||||
21 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
22 | not be eligible to receive a broker's
license. | ||||||
23 | (m) A non-resident dealer's license shall permit such | ||||||
24 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
25 | State from any point
outside of this State, and to sell such | ||||||
26 | alcoholic liquor to Illinois licensed
foreign importers and |
| |||||||
| |||||||
1 | importing distributors and to no one else in this State;
| ||||||
2 | provided that (i) said non-resident dealer shall register with | ||||||
3 | the Illinois Liquor
Control Commission each and every brand of | ||||||
4 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
5 | licensees during the license period, (ii) it shall comply with | ||||||
6 | all of the provisions of Section 6-9 hereof with
respect to | ||||||
7 | registration of such Illinois licensees as may be granted the | ||||||
8 | right
to sell such brands at wholesale, and (iii) the | ||||||
9 | non-resident dealer shall comply with the provisions of | ||||||
10 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
11 | provisions apply to manufacturers. | ||||||
12 | (n) A brew pub license shall allow the licensee to only (i) | ||||||
13 | manufacture up to 155,000 gallons of beer per year only
on the | ||||||
14 | premises specified in the license, (ii) make sales of the
beer | ||||||
15 | manufactured on the premises or, with the approval of the | ||||||
16 | Commission, beer manufactured on another brew pub licensed | ||||||
17 | premises that is wholly owned and operated by the same licensee | ||||||
18 | to importing distributors, distributors ,
and to non-licensees | ||||||
19 | for use and consumption, (iii) store the beer upon
the | ||||||
20 | premises, (iv) sell and offer for sale at retail from the | ||||||
21 | licensed
premises for off-premises
consumption no more than | ||||||
22 | 155,000 gallons per year so long as such sales are only made | ||||||
23 | in-person, (v) sell and offer for sale at retail for use and | ||||||
24 | consumption on the premises specified in the license any form | ||||||
25 | of alcoholic liquor purchased from a licensed distributor or | ||||||
26 | importing distributor , and (vi) with the prior approval of the |
| |||||||
| |||||||
1 | Commission, annually transfer no more than 155,000 gallons of | ||||||
2 | beer manufactured on the premises to a licensed brew pub wholly | ||||||
3 | owned and operated by the same licensee. | ||||||
4 | A brew pub licensee shall not under any circumstance sell | ||||||
5 | or offer for sale beer manufactured by the brew pub licensee to | ||||||
6 | retail licensees. | ||||||
7 | A person who holds a class 2 brewer license may | ||||||
8 | simultaneously hold a brew pub license if the class 2 brewer | ||||||
9 | (i) does not, under any circumstance, sell or offer for sale | ||||||
10 | beer manufactured by the class 2 brewer to retail licensees; | ||||||
11 | (ii) does not hold more than 3 brew pub licenses in this State; | ||||||
12 | (iii) does not manufacture more than a combined 3,720,000 | ||||||
13 | gallons of beer per year, including the beer manufactured at | ||||||
14 | the brew pub; and (iv) is not a member of or affiliated with, | ||||||
15 | directly or indirectly, a manufacturer that produces more than | ||||||
16 | 3,720,000 gallons of beer per year or any other alcoholic | ||||||
17 | liquor. | ||||||
18 | Notwithstanding any other provision of this Act, a licensed | ||||||
19 | brewer, class 2 brewer, or non-resident dealer who before July | ||||||
20 | 1, 2015 manufactured less than than 3,720,000 gallons of beer | ||||||
21 | per year and held a brew pub license on or before July 1, 2015 | ||||||
22 | may (i) continue to qualify for and hold that brew pub license | ||||||
23 | for the licensed premises and (ii) manufacture more than | ||||||
24 | 3,720,000 gallons of beer per year and continue to qualify for | ||||||
25 | and hold that brew pub license if that brewer, class 2 brewer, | ||||||
26 | or non-resident dealer does not simultaneously hold a class 1 |
| |||||||
| |||||||
1 | brewer license and is not a member of or affiliated with, | ||||||
2 | directly or indirectly, a manufacturer that produces more than | ||||||
3 | 3,720,000 gallons of beer per year or that produces any other | ||||||
4 | alcoholic liquor. | ||||||
5 | (o) A caterer retailer license shall allow the holder
to | ||||||
6 | serve alcoholic liquors as an incidental part of a food service | ||||||
7 | that serves
prepared meals which excludes the serving of snacks | ||||||
8 | as
the primary meal, either on or off-site whether licensed or | ||||||
9 | unlicensed. | ||||||
10 | (p) An auction liquor license shall allow the licensee to | ||||||
11 | sell and offer
for sale at auction wine and spirits for use or | ||||||
12 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
13 | accordance with provisions of this Act. An
auction liquor | ||||||
14 | license will be issued to a person and it will permit the
| ||||||
15 | auction liquor licensee to hold the auction anywhere in the | ||||||
16 | State. An auction
liquor license must be obtained for each | ||||||
17 | auction at least 14 days in advance of
the auction date. | ||||||
18 | (q) A special use permit license shall allow an Illinois | ||||||
19 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
20 | inventory from its
retail licensed premises to the premises | ||||||
21 | specified in the license hereby
created, and to sell or offer | ||||||
22 | for sale at retail, only in the premises
specified in the | ||||||
23 | license hereby created, the transferred alcoholic liquor for
| ||||||
24 | use or consumption, but not for resale in any form. A special | ||||||
25 | use permit
license may be granted for the following time | ||||||
26 | periods: one day or less; 2 or
more days to a maximum of 15 days |
| |||||||
| |||||||
1 | per location in any 12 month period. An
applicant for the | ||||||
2 | special use permit license must also submit with the
| ||||||
3 | application proof satisfactory to the State Commission that the | ||||||
4 | applicant will
provide dram shop liability insurance to the | ||||||
5 | maximum limits and have local
authority approval. | ||||||
6 | (r) A winery shipper's license shall allow a person
with a | ||||||
7 | first-class or second-class wine manufacturer's
license, a | ||||||
8 | first-class or second-class wine-maker's license,
or a limited | ||||||
9 | wine manufacturer's license or who is licensed to
make wine | ||||||
10 | under the laws of another state to ship wine
made by that | ||||||
11 | licensee directly to a resident of this
State who is 21 years | ||||||
12 | of age or older for that resident's
personal use and not for | ||||||
13 | resale. Prior to receiving a
winery shipper's license, an | ||||||
14 | applicant for the license must
provide the Commission with a | ||||||
15 | true copy of its current
license in any state in which it is | ||||||
16 | licensed as a manufacturer
of wine. An applicant for a winery | ||||||
17 | shipper's license must
also complete an application form that | ||||||
18 | provides any other
information the Commission deems necessary. | ||||||
19 | The
application form shall include an acknowledgement | ||||||
20 | consenting
to the jurisdiction of the Commission, the Illinois
| ||||||
21 | Department of Revenue, and the courts of this State concerning
| ||||||
22 | the enforcement of this Act and any related laws, rules, and
| ||||||
23 | regulations, including authorizing the Department of Revenue
| ||||||
24 | and the Commission to conduct audits for the purpose of
| ||||||
25 | ensuring compliance with Public Act 95-634 this amendatory Act . | ||||||
26 | A winery shipper licensee must pay to the Department
of |
| |||||||
| |||||||
1 | Revenue the State liquor gallonage tax under Section 8-1 for
| ||||||
2 | all wine that is sold by the licensee and shipped to a person
| ||||||
3 | in this State. For the purposes of Section 8-1, a winery
| ||||||
4 | shipper licensee shall be taxed in the same manner as a
| ||||||
5 | manufacturer of wine. A licensee who is not otherwise required | ||||||
6 | to register under the Retailers' Occupation Tax Act must
| ||||||
7 | register under the Use Tax Act to collect and remit use tax to
| ||||||
8 | the Department of Revenue for all gallons of wine that are sold
| ||||||
9 | by the licensee and shipped to persons in this State. If a
| ||||||
10 | licensee fails to remit the tax imposed under this Act in
| ||||||
11 | accordance with the provisions of Article VIII of this Act, the
| ||||||
12 | winery shipper's license shall be revoked in accordance
with | ||||||
13 | the provisions of Article VII of this Act. If a licensee
fails | ||||||
14 | to properly register and remit tax under the Use Tax Act
or the | ||||||
15 | Retailers' Occupation Tax Act for all wine that is sold
by the | ||||||
16 | winery shipper and shipped to persons in this
State, the winery | ||||||
17 | shipper's license shall be revoked in
accordance with the | ||||||
18 | provisions of Article VII of this Act. | ||||||
19 | A winery shipper licensee must collect, maintain, and
| ||||||
20 | submit to the Commission on a semi-annual basis the
total | ||||||
21 | number of cases per resident of wine shipped to residents
of | ||||||
22 | this State.
A winery shipper licensed under this subsection (r)
| ||||||
23 | must comply with the requirements of Section 6-29 of this | ||||||
24 | amendatory Act. | ||||||
25 | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | ||||||
26 | Section 3-12, the State Commission may receive, respond to, and |
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||
1 | investigate any complaint and impose any of the remedies | |||||||||||||||||||||||||||||||||||||||||||||||||
2 | specified in paragraph (1) of subsection (a) of Section 3-12. | |||||||||||||||||||||||||||||||||||||||||||||||||
3 | (Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13; | |||||||||||||||||||||||||||||||||||||||||||||||||
4 | 98-756, eff. 7-16-14; 99-448, eff. 8-24-15; revised 10-27-15.) | |||||||||||||||||||||||||||||||||||||||||||||||||
5 | (235 ILCS 5/5-3) (from Ch. 43, par. 118) | |||||||||||||||||||||||||||||||||||||||||||||||||
6 | Sec. 5-3. License fees. Except as otherwise provided | |||||||||||||||||||||||||||||||||||||||||||||||||
7 | herein, at the time
application is made to the State Commission | |||||||||||||||||||||||||||||||||||||||||||||||||
8 | for a license of any class, the
applicant shall pay to the | |||||||||||||||||||||||||||||||||||||||||||||||||
9 | State Commission the fee hereinafter provided for
the kind of | |||||||||||||||||||||||||||||||||||||||||||||||||
10 | license applied for. | |||||||||||||||||||||||||||||||||||||||||||||||||
11 | The fee for licenses issued by the State Commission shall | |||||||||||||||||||||||||||||||||||||||||||||||||
12 | be as follows: | |||||||||||||||||||||||||||||||||||||||||||||||||
13 | For a manufacturer's license: | |||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Fees collected under this Section shall be paid into the
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Dram Shop Fund. On and after July 1, 2003, of the funds | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | received for a
retailer's license, in
addition to the
first | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | $175, an additional $75 shall be paid into the Dram Shop Fund, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | and $250
shall be
paid into the General Revenue Fund. Beginning | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | June 30, 1990 and on June 30
of each
subsequent year through | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | June 29, 2003, any balance over $5,000,000
remaining in the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | Dram Shop Fund
shall be credited to State liquor licensees and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | applied against their fees for
State liquor licenses for the |
| |||||||
| |||||||
1 | following year. The amount credited to each
licensee shall be a | ||||||
2 | proportion of the balance in the Dram Fund that is the
same as | ||||||
3 | the proportion of the license fee paid by the licensee under
| ||||||
4 | this Section for the period in which the balance was | ||||||
5 | accumulated to the
aggregate fees paid by all licensees during | ||||||
6 | that period. | ||||||
7 | No fee shall be paid for licenses issued by the State | ||||||
8 | Commission to
the following non-beverage users: | ||||||
9 | (a) Hospitals, sanitariums, or clinics when their use | ||||||
10 | of alcoholic
liquor is exclusively medicinal, mechanical | ||||||
11 | or scientific. | ||||||
12 | (b) Universities, colleges of learning or schools when | ||||||
13 | their use of
alcoholic liquor is exclusively medicinal, | ||||||
14 | mechanical or scientific. | ||||||
15 | (c) Laboratories when their use is exclusively for the | ||||||
16 | purpose of
scientific research. | ||||||
17 | (Source: P.A. 98-55, eff. 7-5-13; 99-448, eff. 8-24-15.)
| ||||||
18 | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| ||||||
19 | Sec. 6-2. Issuance of licenses to certain persons | ||||||
20 | prohibited.
| ||||||
21 | (a) Except as otherwise provided in subsection (b) of this | ||||||
22 | Section and in paragraph (1) of subsection (a) of Section 3-12, | ||||||
23 | no license
of any kind issued by the State Commission or any | ||||||
24 | local
commission shall be issued to:
| ||||||
25 | (1) A person who is not a resident of any city, village |
| |||||||
| |||||||
1 | or county in
which the premises covered by the license are | ||||||
2 | located; except in case of
railroad or boat licenses.
| ||||||
3 | (2) A person who is not of good character and | ||||||
4 | reputation in the
community in which he resides.
| ||||||
5 | (3) A person who is not a citizen of the United States.
| ||||||
6 | (4) A person who has been convicted of a felony under | ||||||
7 | any Federal or
State law, unless the Commission determines | ||||||
8 | that such
person has been sufficiently rehabilitated to | ||||||
9 | warrant the public trust
after considering matters set | ||||||
10 | forth in such person's application and the
Commission's | ||||||
11 | investigation. The burden of proof of sufficient
| ||||||
12 | rehabilitation shall be on the applicant.
| ||||||
13 | (5) A person who has been convicted of keeping a place | ||||||
14 | of prostitution or keeping a place of juvenile | ||||||
15 | prostitution, promoting prostitution that involves keeping | ||||||
16 | a place of prostitution, or promoting juvenile | ||||||
17 | prostitution that involves keeping a place of juvenile | ||||||
18 | prostitution.
| ||||||
19 | (6) A person who has been convicted of pandering or | ||||||
20 | other crime or
misdemeanor opposed to decency and morality.
| ||||||
21 | (7) A person whose license issued under this Act has | ||||||
22 | been revoked for
cause.
| ||||||
23 | (8) A person who at the time of application for renewal | ||||||
24 | of any license
issued hereunder would not be eligible for | ||||||
25 | such license upon a first
application.
| ||||||
26 | (9) A copartnership, if any general partnership |
| |||||||
| |||||||
1 | thereof, or any
limited partnership thereof, owning more | ||||||
2 | than 5% of the aggregate limited
partner interest in such | ||||||
3 | copartnership would not be eligible to receive a
license | ||||||
4 | hereunder for any reason other than residence within the | ||||||
5 | political
subdivision, unless residency is required by | ||||||
6 | local ordinance.
| ||||||
7 | (10) A corporation or limited liability company, if any | ||||||
8 | member, officer, manager or director thereof, or
any | ||||||
9 | stockholder or stockholders owning in the aggregate more | ||||||
10 | than 5% of the
stock of such corporation, would not be | ||||||
11 | eligible to receive a license
hereunder for any reason | ||||||
12 | other than citizenship and residence within the
political | ||||||
13 | subdivision.
| ||||||
14 | (10a) A corporation or limited liability company | ||||||
15 | unless it is incorporated or organized in Illinois, or | ||||||
16 | unless it
is a foreign corporation or foreign limited | ||||||
17 | liability company which is qualified under the Business
| ||||||
18 | Corporation Act of 1983 or the Limited Liability Company | ||||||
19 | Act to transact business in Illinois. The Commission shall | ||||||
20 | permit and accept from an applicant for a license under | ||||||
21 | this Act proof prepared from the Secretary of State's | ||||||
22 | website that the corporation or limited liability company | ||||||
23 | is in good standing and is qualified under the Business
| ||||||
24 | Corporation Act of 1983 or the Limited Liability Company | ||||||
25 | Act to transact business in Illinois.
| ||||||
26 | (11) A person whose place of business is conducted by a |
| |||||||
| |||||||
1 | manager or agent
unless the manager or agent possesses the | ||||||
2 | same qualifications required by
the licensee.
| ||||||
3 | (12) A person who has been convicted of a violation of | ||||||
4 | any Federal or
State law concerning the manufacture, | ||||||
5 | possession or sale of alcoholic
liquor, subsequent to the | ||||||
6 | passage of this Act or has forfeited his bond to
appear in | ||||||
7 | court to answer charges for any such violation.
| ||||||
8 | (13) A person who does not beneficially own the | ||||||
9 | premises for which a
license is sought, or does not have a | ||||||
10 | lease thereon for the full period for
which the license is | ||||||
11 | to be issued.
| ||||||
12 | (14) Any law enforcing public official, including | ||||||
13 | members
of local liquor control commissions,
any mayor, | ||||||
14 | alderman, or member of the
city council or commission, any | ||||||
15 | president of the village board of trustees,
any member of a | ||||||
16 | village board of trustees, or any president or member of a
| ||||||
17 | county board; and no such official shall have a direct | ||||||
18 | interest in the
manufacture, sale, or distribution of | ||||||
19 | alcoholic liquor, except that a
license
may be granted to | ||||||
20 | such official in relation to premises that are
not
located | ||||||
21 | within the territory subject to the jurisdiction of that | ||||||
22 | official
if the issuance of such license is approved by the | ||||||
23 | State Liquor Control
Commission
and except that a license | ||||||
24 | may be granted, in a city or village with a
population of | ||||||
25 | 55,000 or less, to any alderman, member of a city council, | ||||||
26 | or
member of a village board of trustees in relation to |
| |||||||
| |||||||
1 | premises that are located
within the territory
subject to | ||||||
2 | the jurisdiction of that official if (i) the sale of | ||||||
3 | alcoholic
liquor pursuant to the license is incidental to | ||||||
4 | the selling of food, (ii) the
issuance of the license is | ||||||
5 | approved by the State Commission, (iii) the
issuance of the | ||||||
6 | license is in accordance with all applicable local | ||||||
7 | ordinances
in effect where the premises are located, and | ||||||
8 | (iv) the official granted a
license does not vote on | ||||||
9 | alcoholic liquor issues pending before the board or
council | ||||||
10 | to which the license holder is elected. Notwithstanding any | ||||||
11 | provision of this paragraph (14) to the contrary, an | ||||||
12 | alderman or member of a city council or commission, a | ||||||
13 | member of a village board of trustees other than the | ||||||
14 | president of the village board of trustees, or a member of | ||||||
15 | a county board other than the president of a county board | ||||||
16 | may have a direct interest in the manufacture, sale, or | ||||||
17 | distribution of alcoholic liquor as long as he or she is | ||||||
18 | not a law enforcing public official, a mayor, a village | ||||||
19 | board president, or president of a county board. To prevent | ||||||
20 | any conflict of interest, the elected official with the | ||||||
21 | direct interest in the manufacture, sale, or distribution | ||||||
22 | of alcoholic liquor shall not participate in any meetings, | ||||||
23 | hearings, or decisions on matters impacting the | ||||||
24 | manufacture, sale, or distribution of alcoholic liquor. | ||||||
25 | Furthermore, the mayor of a city with a population of | ||||||
26 | 55,000 or less or the president of a village with a |
| |||||||
| |||||||
1 | population of 55,000 or less may have an interest in the | ||||||
2 | manufacture, sale, or distribution of alcoholic liquor as | ||||||
3 | long as the council or board over which he or she presides | ||||||
4 | has made a local liquor control commissioner appointment | ||||||
5 | that complies with the requirements of Section 4-2 of this | ||||||
6 | Act.
| ||||||
7 | (15) A person who is not a beneficial owner of the | ||||||
8 | business to be
operated by the licensee.
| ||||||
9 | (16) A person who has been convicted of a gambling | ||||||
10 | offense as
proscribed by any of subsections (a) (3) through | ||||||
11 | (a)
(11) of
Section 28-1 of, or as
proscribed by Section | ||||||
12 | 28-1.1 or 28-3 of, the Criminal Code of
1961 or the | ||||||
13 | Criminal Code of 2012, or as proscribed by a
statute
| ||||||
14 | replaced by any of the aforesaid statutory provisions.
| ||||||
15 | (17) A person or entity to whom a federal wagering | ||||||
16 | stamp has been
issued by the
federal government, unless the | ||||||
17 | person or entity is eligible to be issued a
license under | ||||||
18 | the Raffles and Poker Runs Act or the Illinois Pull Tabs | ||||||
19 | and Jar Games Act.
| ||||||
20 | (18) A person who intends to sell alcoholic liquors for | ||||||
21 | use or
consumption on his or her licensed retail premises | ||||||
22 | who does not have liquor
liability insurance coverage for | ||||||
23 | that premises in an amount that is at least
equal to the | ||||||
24 | maximum liability amounts set out in subsection (a) of | ||||||
25 | Section
6-21.
| ||||||
26 | (19) A person who is licensed by any licensing |
| |||||||
| |||||||
1 | authority as a manufacturer of beer, or any partnership, | ||||||
2 | corporation, limited liability company, or trust or any | ||||||
3 | subsidiary, affiliate, or agent thereof, or any other form | ||||||
4 | of business enterprise licensed as a manufacturer of beer, | ||||||
5 | having any legal, equitable, or beneficial interest, | ||||||
6 | directly or indirectly, in a person licensed in this State | ||||||
7 | as a distributor or importing distributor . For purposes of | ||||||
8 | this paragraph (19), a person who is licensed by any | ||||||
9 | licensing authority as a "manufacturer of beer" shall also | ||||||
10 | mean a brewer and a non-resident dealer who is also a | ||||||
11 | manufacturer of beer, including a partnership, | ||||||
12 | corporation, limited liability company, or trust or any | ||||||
13 | subsidiary, affiliate, or agent thereof, or any other form | ||||||
14 | of business enterprise licensed as a manufacturer of beer. | ||||||
15 | (20) A person who is licensed in this State as a | ||||||
16 | distributor or importing distributor , or any partnership, | ||||||
17 | corporation, limited liability company, or trust or any | ||||||
18 | subsidiary, affiliate, or agent thereof, or any other form | ||||||
19 | of business enterprise licensed in this State as a | ||||||
20 | distributor or importing distributor having any legal, | ||||||
21 | equitable, or beneficial interest, directly or indirectly, | ||||||
22 | in a person licensed as a manufacturer of beer by any | ||||||
23 | licensing authority, or any partnership, corporation, | ||||||
24 | limited liability company, or trust or any subsidiary, | ||||||
25 | affiliate, or agent thereof, or any other form of business | ||||||
26 | enterprise, except for a person who owns, on or after the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the 98th General | ||||||
2 | Assembly, no more than 5% of the outstanding shares of a | ||||||
3 | manufacturer of beer whose shares are publicly traded on an | ||||||
4 | exchange within the meaning of the Securities Exchange Act | ||||||
5 | of 1934. For the purposes of this paragraph (20), a person | ||||||
6 | who is licensed by any licensing authority as a | ||||||
7 | "manufacturer of beer" shall also mean a brewer and a | ||||||
8 | non-resident dealer who is also a manufacturer of beer, | ||||||
9 | including a partnership, corporation, limited liability | ||||||
10 | company, or trust or any subsidiary, affiliate, or agent | ||||||
11 | thereof, or any other form of business enterprise licensed | ||||||
12 | as a manufacturer of beer. | ||||||
13 | (b) A criminal conviction of a corporation is not grounds | ||||||
14 | for the
denial, suspension, or revocation of a license applied | ||||||
15 | for or held by the
corporation if the criminal conviction was | ||||||
16 | not the result of a violation of any
federal or State law | ||||||
17 | concerning the manufacture, possession or sale of
alcoholic | ||||||
18 | liquor, the offense that led to the conviction did not result | ||||||
19 | in any
financial gain to the corporation and the corporation | ||||||
20 | has terminated its
relationship with each director, officer, | ||||||
21 | employee, or controlling shareholder
whose actions directly | ||||||
22 | contributed to the conviction of the corporation. The
| ||||||
23 | Commission shall determine if all provisions of this subsection | ||||||
24 | (b) have been
met before any action on the corporation's | ||||||
25 | license is initiated.
| ||||||
26 | (Source: P.A. 97-1059, eff. 8-24-12; 97-1150, eff. 1-25-13; |
| |||||||
| |||||||
1 | 98-10, eff. 5-6-13; 98-21, eff. 6-13-13; 98-644, eff. 6-10-14; | ||||||
2 | 98-756, eff. 7-16-14.)
| ||||||
3 | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| ||||||
4 | Sec. 6-4. (a) No person licensed by any licensing authority | ||||||
5 | as a
distiller, or a wine manufacturer, or any subsidiary or | ||||||
6 | affiliate
thereof, or any officer, associate, member, partner, | ||||||
7 | representative,
employee, agent or shareholder owning more | ||||||
8 | than 5% of the outstanding
shares of such person shall be | ||||||
9 | issued a an importing distributor's or
distributor's license, | ||||||
10 | nor shall any person licensed by any licensing
authority as a | ||||||
11 | an importing distributor, distributor or retailer, or any
| ||||||
12 | subsidiary or affiliate thereof, or any officer or associate, | ||||||
13 | member,
partner, representative, employee, agent or | ||||||
14 | shareholder owning more than
5% of the outstanding shares of | ||||||
15 | such person be issued a distiller's
license or a wine | ||||||
16 | manufacturer's license; and no person or persons
licensed as a | ||||||
17 | distiller by any licensing authority shall have any
interest, | ||||||
18 | directly or indirectly, with such distributor or importing
| ||||||
19 | distributor .
| ||||||
20 | However, an importing distributor or distributor, which on | ||||||
21 | January
1, 1985 is owned by a brewer, or any subsidiary or | ||||||
22 | affiliate thereof or any
officer, associate, member, partner, | ||||||
23 | representative, employee, agent or
shareholder owning more | ||||||
24 | than 5% of the outstanding shares of the importing
distributor | ||||||
25 | or distributor referred to in this paragraph, may own or
|
| |||||||
| |||||||
1 | acquire an ownership interest of more than 5% of the | ||||||
2 | outstanding shares of
a wine manufacturer and be issued a wine
| ||||||
3 | manufacturer's license by any licensing authority.
| ||||||
4 | (b) The foregoing provisions shall not apply to any person | ||||||
5 | licensed
by any licensing authority as a distiller or wine | ||||||
6 | manufacturer, or to
any subsidiary or affiliate of any | ||||||
7 | distiller or wine manufacturer who
shall have been heretofore | ||||||
8 | licensed by the State Commission as either an
importing | ||||||
9 | distributor or distributor during the annual licensing period
| ||||||
10 | expiring June 30, 1947, and shall actually have made sales | ||||||
11 | regularly to
retailers.
| ||||||
12 | (c) Provided, however, that in such instances where a | ||||||
13 | distributor's
or importing distributor's license has been | ||||||
14 | issued to any distiller or
wine manufacturer or to any | ||||||
15 | subsidiary or affiliate of any distiller or
wine manufacturer | ||||||
16 | who has, during the licensing period ending June 30,
1947, sold | ||||||
17 | or distributed as such licensed distributor or importing
| ||||||
18 | distributor alcoholic liquors and wines to retailers, such | ||||||
19 | distiller or
wine manufacturer or any subsidiary or affiliate | ||||||
20 | of any distiller or
wine manufacturer holding such | ||||||
21 | distributor's or importing distributor's
license may continue | ||||||
22 | to sell or distribute to retailers such alcoholic
liquors and | ||||||
23 | wines which are manufactured, distilled, processed or
marketed | ||||||
24 | by distillers and wine manufacturers whose products it sold or
| ||||||
25 | distributed to retailers during the whole or any part of its | ||||||
26 | licensing
periods; and such additional brands and additional |
| |||||||
| |||||||
1 | products may be added
to the line of such distributor or | ||||||
2 | importing distributor , provided, that
such brands and such | ||||||
3 | products were not sold or distributed by any
distributor or | ||||||
4 | importing distributor licensed by the State Commission
during | ||||||
5 | the licensing period ending June 30, 1947, but can not sell or
| ||||||
6 | distribute to retailers any other alcoholic liquors or wines.
| ||||||
7 | (d) It shall be unlawful for any distiller licensed | ||||||
8 | anywhere to have
any stock ownership or interest in any | ||||||
9 | distributor's or importing
distributor's license wherein any | ||||||
10 | other person has an interest therein
who is not a distiller and | ||||||
11 | does not own more than 5% of any stock in any
distillery. | ||||||
12 | Nothing herein contained shall apply to such distillers or
| ||||||
13 | their subsidiaries or affiliates, who had a distributor's or | ||||||
14 | importing
distributor's license during the licensing period | ||||||
15 | ending June 30, 1947,
which license was owned in whole by such | ||||||
16 | distiller, or subsidiaries or
affiliates of such distiller.
| ||||||
17 | (e) Any person licensed as a brewer, class 1 brewer, or | ||||||
18 | class 2 brewer shall be
permitted to sell on the licensed | ||||||
19 | premises to non-licensees for on or off-premises consumption | ||||||
20 | for the premises in which he
or she actually conducts such | ||||||
21 | business beer manufactured by the brewer, class 1 brewer, or | ||||||
22 | class 2 brewer. Such sales shall be limited to on-premises, | ||||||
23 | in-person sales only, for lawful consumption on or off | ||||||
24 | premises. Such authorization shall be considered a privilege | ||||||
25 | granted by the brewer license and, other than a manufacturer of | ||||||
26 | beer
as stated above, no manufacturer or distributor or |
| |||||||
| |||||||
1 | importing
distributor , excluding airplane licensees exercising | ||||||
2 | powers provided in
paragraph (i) of Section 5-1 of this Act, or | ||||||
3 | any subsidiary or affiliate
thereof, or any officer,
associate, | ||||||
4 | member, partner, representative, employee or agent, or
| ||||||
5 | shareholder shall be issued a retailer's license, nor shall any | ||||||
6 | person
having a retailer's license, excluding airplane | ||||||
7 | licensees exercising powers
provided in paragraph (i) of | ||||||
8 | Section 5-1 of this
Act, or any subsidiary or affiliate | ||||||
9 | thereof, or
any officer, associate, member, partner, | ||||||
10 | representative or agent, or
shareholder be issued a | ||||||
11 | manufacturer's license or importing distributor's
license.
| ||||||
12 | A person who holds a class 1 or class 2 brewer license and | ||||||
13 | is authorized by this Section to sell beer to non-licensees | ||||||
14 | shall not sell beer to non-licensees from more than 3 total | ||||||
15 | brewer or commonly owned brew pub licensed locations in this | ||||||
16 | State. The class 1 or class 2 brewer shall designate to the | ||||||
17 | State Commission the brewer or brew pub locations from which it | ||||||
18 | will sell beer to non-licensees. | ||||||
19 | A person licensed as a craft distiller not affiliated with | ||||||
20 | any other person manufacturing spirits may be authorized by the | ||||||
21 | Commission to sell up to 2,500 gallons of spirits produced by | ||||||
22 | the person to non-licensees for on or off-premises consumption | ||||||
23 | for the premises in which he or she actually conducts business | ||||||
24 | permitting only the retail sale of spirits manufactured at such | ||||||
25 | premises. Such sales shall be limited to on-premises, in-person | ||||||
26 | sales only, for lawful consumption on or off premises, and such |
| |||||||
| |||||||
1 | authorization shall be considered a privilege granted by the | ||||||
2 | craft distiller license. A craft distiller licensed for retail | ||||||
3 | sale shall secure liquor liability insurance coverage in an | ||||||
4 | amount at least equal to the maximum liability amounts set | ||||||
5 | forth in subsection (a) of Section 6-21 of this Act. | ||||||
6 | (f) (Blank).
| ||||||
7 | (g) Notwithstanding any of the foregoing prohibitions, a | ||||||
8 | limited wine
manufacturer may sell at retail at its | ||||||
9 | manufacturing site for on or off
premises consumption and may | ||||||
10 | sell to distributors. A limited wine manufacturer licensee
| ||||||
11 | shall secure liquor liability insurance coverage in an amount
| ||||||
12 | at least equal to the maximum liability amounts set forth in
| ||||||
13 | subsection (a) of Section 6-21 of this Act.
| ||||||
14 | (h) The changes made to this Section by Public Act 99-47 | ||||||
15 | this amendatory Act of the 99th General Assembly shall not | ||||||
16 | diminish or impair the rights of any person, whether a | ||||||
17 | distiller, wine manufacturer, agent, or affiliate thereof, who | ||||||
18 | requested in writing and submitted documentation to the State | ||||||
19 | Commission on or before February 18, 2015 to be approved for a | ||||||
20 | retail license pursuant to what has heretofore been subsection | ||||||
21 | (f); provided that, on or before that date, the State | ||||||
22 | Commission considered the intent of that person to apply for | ||||||
23 | the retail license under that subsection and, by recorded vote, | ||||||
24 | the State Commission approved a resolution indicating that such | ||||||
25 | a license application could be lawfully approved upon that | ||||||
26 | person duly filing a formal application for a retail license |
| |||||||
| |||||||
1 | and if that person, within 90 days of the State Commission | ||||||
2 | appearance and recorded vote, first filed an application with | ||||||
3 | the appropriate local commission, which application was | ||||||
4 | subsequently approved by the appropriate local commission | ||||||
5 | prior to consideration by the State Commission of that person's | ||||||
6 | application for a retail license. It is further provided that | ||||||
7 | the State Commission may approve the person's application for a | ||||||
8 | retail license or renewals of such license if such person | ||||||
9 | continues to diligently adhere to all representations made in | ||||||
10 | writing to the State Commission on or before February 18, 2015, | ||||||
11 | or thereafter, or in the affidavit filed by that person with | ||||||
12 | the State Commission to support the issuance of a retail | ||||||
13 | license and to abide by all applicable laws and duly adopted | ||||||
14 | rules. | ||||||
15 | (Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15; | ||||||
16 | revised 10-30-15.)
| ||||||
17 | (235 ILCS 5/6-4.5) | ||||||
18 | Sec. 6-4.5. Prohibited ownership interests in a | ||||||
19 | distributor, importing distributor, manufacturer of beer, or | ||||||
20 | non-resident dealer. | ||||||
21 | (a) The General Assembly finds, consistent with Section | ||||||
22 | 6-1.5, that the 3-tier regulatory system is designed to prevent | ||||||
23 | a manufacturer of beer as described in paragraph (19) of | ||||||
24 | subsection (a) of Section 6-2 from exercising vertical | ||||||
25 | integration between a manufacturer of beer and a distributor or |
| |||||||
| |||||||
1 | importing distributor through any ownership interest, or | ||||||
2 | through control of the distributor or importing distributor . | ||||||
3 | The General Assembly further finds, consistent with Section | ||||||
4 | 6-1.5, that the 3-tier regulatory system is designed to prevent | ||||||
5 | a distributor or importing distributor as described in | ||||||
6 | paragraph (20) of subsection (a) of Section 6-2 from having any | ||||||
7 | ownership interest in a manufacturer of beer as described in | ||||||
8 | paragraph (20) of subsection (a) of Section 6-2 except for the | ||||||
9 | ownership of no more than 5% of the outstanding shares of a | ||||||
10 | manufacturer of beer whose shares are publicly traded on an | ||||||
11 | exchange within the meaning of the Securities Exchange Act of | ||||||
12 | 1934. The General Assembly further finds that it is necessary | ||||||
13 | to have the State Commission undertake an expedited | ||||||
14 | investigation, in accordance with procedural due process, to | ||||||
15 | determine whether any existing manufacturer of beer described | ||||||
16 | in paragraph (19) of subsection (a) of Section 6-2 or any | ||||||
17 | existing distributor or importing distributor described in | ||||||
18 | paragraph (20) of subsection (a) of Section 6-2 owns a | ||||||
19 | prohibited ownership interest, and an orderly process by which | ||||||
20 | an existing manufacturer of beer, distributor, or importing | ||||||
21 | distributor may divest itself of or sever the prohibited | ||||||
22 | ownership interest by no later than January 1, 2015. | ||||||
23 | (b) Notwithstanding any provision of this Act to the | ||||||
24 | contrary, no person licensed as a manufacturer of beer as | ||||||
25 | described in paragraph (19) of subsection (a) of Section 6-2 | ||||||
26 | shall have any prohibited ownership interest, directly or |
| |||||||
| |||||||
1 | indirectly, in a person licensed as a distributor or importing | ||||||
2 | distributor . Any person who holds a prohibited ownership | ||||||
3 | interest in a person licensed as a distributor or importing | ||||||
4 | distributor prior to this amendatory Act of the 98th General | ||||||
5 | Assembly shall, in accordance with paragraph (19) of subsection | ||||||
6 | (a) of Section 6-2, be ineligible to receive or hold any | ||||||
7 | license issued by the State Commission, unless that person | ||||||
8 | complies with the provisions of this Section. | ||||||
9 | (c) Notwithstanding any provision of this Act to the | ||||||
10 | contrary, no person licensed in this State as a distributor or | ||||||
11 | importing distributor as described in paragraph (20) of | ||||||
12 | subsection (a) of Section 6-2 shall have any prohibited | ||||||
13 | ownership interest, directly or indirectly, in a person | ||||||
14 | licensed as a manufacturer of beer as described in paragraph | ||||||
15 | (20) of subsection (a) of Section 6-2. Any person who holds an | ||||||
16 | interest in a person licensed as a distributor or importing | ||||||
17 | distributor in this State prior to this amendatory Act of the | ||||||
18 | 98th General Assembly shall, in accordance with paragraph (20) | ||||||
19 | of subsection (a) of Section 6-2, be ineligible to receive or | ||||||
20 | hold a license by the State Commission, unless the person | ||||||
21 | complies with the provisions of this Section. This subsection | ||||||
22 | (c) shall not apply to a person who owns, on or after the | ||||||
23 | effective date of this amendatory Act of the 98th General | ||||||
24 | Assembly, no more than 5% of the outstanding shares of a | ||||||
25 | manufacturer of beer whose shares are publicly traded on an | ||||||
26 | exchange within the meaning of the Securities Exchange Act of |
| |||||||
| |||||||
1 | 1934. | ||||||
2 | (d) Within 30 days after the effective date of this | ||||||
3 | amendatory Act of the 98th General Assembly, the State | ||||||
4 | Commission shall notify in writing all persons licensed by the | ||||||
5 | State Commission as a manufacturer of beer, as described in | ||||||
6 | paragraph (19) of subsection (a) of Section 6-2 of the | ||||||
7 | prohibited ownership interest provision set forth in | ||||||
8 | subsection (b) of this Section and paragraph (19) of subsection | ||||||
9 | (a) of Section 6-2. Also within 30 days after the effective | ||||||
10 | date of this amendatory Act of the 98th General Assembly, the | ||||||
11 | State Commission shall notify in writing all persons licensed | ||||||
12 | by the State Commission as a distributor or importing | ||||||
13 | distributor of the prohibited ownership interest provision set | ||||||
14 | forth in subsection (c) of this Section and paragraph (20) of | ||||||
15 | subsection (a) of Section 6-2. The notice provided by the State | ||||||
16 | Commission shall also state for a manufacturer of beer, as | ||||||
17 | described in paragraph (19) of subsection (a) of Section 6-2, | ||||||
18 | that it is required to disclose in writing any ownership | ||||||
19 | interest it directly or indirectly possesses in a distributor | ||||||
20 | or importing distributor, as described in paragraph (20) of | ||||||
21 | subsection (a) of Section 6-2, the type and amount of ownership | ||||||
22 | interest possessed by it, the length of time the manufacturer | ||||||
23 | of beer has held the ownership interest in the distributor or | ||||||
24 | importing distributor, and any other information specified by | ||||||
25 | the State Commission in its written notice. The notice provided | ||||||
26 | by the State Commission shall also state for a distributor or |
| |||||||
| |||||||
1 | importing distributor, as described in paragraph (20) of | ||||||
2 | subsection (a) of Section 6-2, that it is required to disclose | ||||||
3 | in writing any ownership interest it directly or indirectly | ||||||
4 | possesses in a manufacturer of beer, as described in paragraph | ||||||
5 | (19) of subsection (a) of Section 6-2, the type and amount of | ||||||
6 | ownership interest possessed by it, the length of time the | ||||||
7 | manufacturer of beer has held the ownership interest in the | ||||||
8 | distributor or importing distributor, and any other | ||||||
9 | information specified by the State Commission in its written | ||||||
10 | notice. | ||||||
11 | (e) Within 60 days after the effective date of this | ||||||
12 | amendatory Act of the 98th General Assembly, each manufacturer | ||||||
13 | of beer, distributor, or importing distributor subject to | ||||||
14 | notification under subsection (d) of this Section shall | ||||||
15 | disclose in writing and under oath the relevant ownership | ||||||
16 | interest and other required information specified in the | ||||||
17 | notification provided by the State Commission pursuant to that | ||||||
18 | subsection. The written disclosure shall, as a mandatory | ||||||
19 | obligation, be tendered to the State Commission by either | ||||||
20 | personal service or via certified or registered mail at the | ||||||
21 | State Commission's Springfield or Chicago office on or before | ||||||
22 | the 60th day during regular business hours. Failure to tender | ||||||
23 | the required written disclosure shall result in the immediate | ||||||
24 | entry of an order by the State Commission suspending the | ||||||
25 | licensee's license within 5 days after the 60th day, and the | ||||||
26 | initiation of proceedings by the State Commission to enter an |
| |||||||
| |||||||
1 | order to permanently revoke the licensee's license no later | ||||||
2 | than 45 days after providing the licensee with notice and an | ||||||
3 | opportunity for a hearing. Whenever the State Commission has | ||||||
4 | reason to believe that a person has failed to comply with the | ||||||
5 | Commission notice under this Section, it shall notify the | ||||||
6 | Department of Revenue and the Attorney General, and shall file | ||||||
7 | a complaint with the State's Attorney of the county where the | ||||||
8 | alcoholic liquor was delivered or with appropriate law | ||||||
9 | enforcement officials. Failure to make the written disclosure | ||||||
10 | required under this subsection shall constitute a business | ||||||
11 | offense for which the person shall be fined not more than | ||||||
12 | $5,000 for a first offense, not more than $10,000 for a second | ||||||
13 | offense, and not more than $15,000 for a third or subsequent | ||||||
14 | offense. | ||||||
15 | (f) Within 180 days after the effective date of this | ||||||
16 | amendatory Act of the 98th General Assembly, the State | ||||||
17 | Commission shall review each of the disclosures tendered to the | ||||||
18 | State Commission by licensees pursuant to subsection (e) and | ||||||
19 | enter an order determining whether or not each licensee is in | ||||||
20 | compliance with subsection (b) or (c) of this Section, | ||||||
21 | whichever is applicable, after providing each licensee with | ||||||
22 | notice and an opportunity for a hearing. As part of making its | ||||||
23 | determination, the State Commission shall also consider any | ||||||
24 | information otherwise admissible under Section 10-40 of the | ||||||
25 | Illinois Administrative Procedure Act. | ||||||
26 | (g) If the State Commission determines, based on a |
| |||||||
| |||||||
1 | preponderance of record evidence, that a manufacturer of beer, | ||||||
2 | distributor, or importing distributor has no prohibited | ||||||
3 | ownership interest in a licensee in violation of subsection (b) | ||||||
4 | or (c) of this Section, then the State Commission shall enter | ||||||
5 | an order finding that the manufacturer of beer, distributor, or | ||||||
6 | importing distributor is in compliance with this Section, | ||||||
7 | record the matter as closed, and serve a copy of the order of | ||||||
8 | compliance on the licensee and each person with an ownership | ||||||
9 | interest in the licensee. | ||||||
10 | If the State Commission determines, based on a | ||||||
11 | preponderance of record evidence, that a manufacturer of beer, | ||||||
12 | as described in paragraph (19) of subsection (a) of Section | ||||||
13 | 6-2, has a prohibited ownership interest as set forth in | ||||||
14 | subsection (b) of this Section, then the State Commission shall | ||||||
15 | enter an order finding that the manufacturer of beer is not in | ||||||
16 | compliance with this Section and that the manufacturer of beer | ||||||
17 | shall divest itself of that interest on or before January 1, | ||||||
18 | 2015, subject to the State Commission's approval of the | ||||||
19 | successive owner pursuant to the State Commission's authority | ||||||
20 | provided in this Act. In addition, the State Commission shall | ||||||
21 | find that the relevant distributor or importing distributor is | ||||||
22 | not in compliance with this Section and that the distributor or | ||||||
23 | importing distributor is required to sever the prohibited | ||||||
24 | ownership interest possessed by the relevant manufacturer of | ||||||
25 | beer on or before January 1, 2015, subject to the State | ||||||
26 | Commission's approval of the successive owner pursuant to the |
| |||||||
| |||||||
1 | State Commission's authority provided in this Act. | ||||||
2 | If the State Commission determines, based on a | ||||||
3 | preponderance of record evidence, that a distributor or | ||||||
4 | importing distributor, as described in paragraph (20) of | ||||||
5 | subsection (a) of Section 6-2, has a prohibited ownership | ||||||
6 | interest as set forth in subsection (c) of this Section, then | ||||||
7 | the State Commission shall enter an order finding that the | ||||||
8 | relevant distributor or importing distributor is not in | ||||||
9 | compliance with this Section and that the relevant distributor | ||||||
10 | or importing distributor shall divest itself of that interest | ||||||
11 | on or before January 1, 2015, subject to the State Commission's | ||||||
12 | approval of the successive owner pursuant to the State | ||||||
13 | Commission's authority provided in this Act. In addition, the | ||||||
14 | State Commission shall find that the manufacturer of beer is | ||||||
15 | not in compliance with this Section and that the manufacturer | ||||||
16 | of beer shall sever the prohibited ownership interest possessed | ||||||
17 | by the distributor or importing distributor on or before | ||||||
18 | January 1, 2015, subject to the State Commission's approval of | ||||||
19 | the successive owner pursuant to the State Commission's | ||||||
20 | authority provided in this Act. | ||||||
21 | The State Commission's order shall further find that the | ||||||
22 | continued ownership of the prohibited ownership interest | ||||||
23 | beyond January 1, 2015 by the manufacturer of beer, | ||||||
24 | distributor, or importing distributor is against the public | ||||||
25 | interest and a violation of this Section and Section 6-1.5 of | ||||||
26 | the Act. |
| |||||||
| |||||||
1 | The State Commission's order shall further find for a | ||||||
2 | manufacturer of beer, as described in paragraph (19) of | ||||||
3 | subsection (a) of Section 6-2, found in non-compliance with | ||||||
4 | subsection (b) of this Section that its license is revoked on | ||||||
5 | January 16, 2015 as to the transport, transfer, or sale of any | ||||||
6 | alcoholic liquor to the relevant distributor or importing | ||||||
7 | distributor that the manufacturer of beer has a prohibited | ||||||
8 | ownership interest in if that interest is not properly divested | ||||||
9 | on January 1, 2015, subject to the State Commission's approval | ||||||
10 | of the successive owner pursuant to the State Commission's | ||||||
11 | authority provided in this Act. In addition, the State | ||||||
12 | Commission shall find that the license of a distributor or | ||||||
13 | importing distributor that is subject to the prohibited | ||||||
14 | ownership interest of the manufacturer of beer is revoked on | ||||||
15 | January 16, 2015 as to the transport, transfer, or sale of | ||||||
16 | alcoholic liquor from the relevant manufacturer of beer to any | ||||||
17 | retailer if that ownership interest is not properly severed on | ||||||
18 | January 1, 2015, subject to the State Commission's approval of | ||||||
19 | the successive owner pursuant to the State Commission's | ||||||
20 | authority provided in this Act. | ||||||
21 | The State Commission's order shall further find for a | ||||||
22 | distributor or importing distributor, as described in | ||||||
23 | paragraph (20) of subsection (a) of Section 6-2, found in | ||||||
24 | non-compliance with subsection (c) of this Section, that its | ||||||
25 | license is revoked on January 16, 2015 as to the transport, | ||||||
26 | transfer, or sale of any alcoholic liquor from the relevant |
| |||||||
| |||||||
1 | manufacturer of beer to any retailer if that prohibited | ||||||
2 | ownership interest in the manufacturer of beer is not properly | ||||||
3 | divested on January 1, 2015, subject to the State Commission's | ||||||
4 | approval of the successive owner pursuant to the State | ||||||
5 | Commission's authority provided in this Act. In addition, the | ||||||
6 | State Commission shall find that the license of the | ||||||
7 | manufacturer of beer that is subject to the prohibited | ||||||
8 | ownership interest of a distributor or importing distributor is | ||||||
9 | revoked on January 16, 2015 as to the transport, transfer, or | ||||||
10 | sale of alcoholic liquor to the distributor or importing | ||||||
11 | distributor if that ownership interest is not properly severed | ||||||
12 | on January 1, 2015, subject to the State Commission's approval | ||||||
13 | of the successive owner pursuant to the State Commission's | ||||||
14 | authority provided in this Act. | ||||||
15 | The State Commission shall serve a copy of the order of | ||||||
16 | non-compliance on the licensee and each person with an | ||||||
17 | ownership interest in the licensee. | ||||||
18 | (h) If a person with a prohibited ownership interest in a | ||||||
19 | licensee under subsection (b) or (c) of this Section succeeds | ||||||
20 | in divesting itself of or severing that interest and obtains | ||||||
21 | the State Commission's approval of the successive owner | ||||||
22 | pursuant to its authority provided in this Act on or before | ||||||
23 | January 1, 2015, then the State Commission shall enter an order | ||||||
24 | finding that the licensee is in compliance, record the matter | ||||||
25 | as closed, and serve a copy of the order of compliance on the | ||||||
26 | licensee and each person with an ownership interest in the |
| |||||||
| |||||||
1 | licensee. | ||||||
2 | If a person with a prohibited ownership interest in | ||||||
3 | violation of subsection (b) or (c) of this Section fails to | ||||||
4 | divest itself of or sever that interest and obtain the State | ||||||
5 | Commission's approval of the successive owner pursuant to the | ||||||
6 | State Commission's authority provided in this Act on or before | ||||||
7 | January 1, 2015, then the State Commission shall, after notice | ||||||
8 | and an opportunity for a hearing, revoke each licensee's | ||||||
9 | license as specified in subsection (g) of this Section on | ||||||
10 | January 16, 2015. The State Commission, when entering the | ||||||
11 | order, shall give notice to the person by certified mail to | ||||||
12 | cease and desist all shipments of alcoholic liquor into or | ||||||
13 | within this State and to withdraw from this State within 5 | ||||||
14 | working days after receipt of the notice all shipments of | ||||||
15 | alcoholic liquor in transit. Whenever the State Commission has | ||||||
16 | reason to believe that a person has failed to comply with the | ||||||
17 | State Commission's notice under this Section, it shall notify | ||||||
18 | the Department of Revenue and the Attorney General, and shall | ||||||
19 | file a complaint with the State's Attorney of the county where | ||||||
20 | the alcoholic liquor was delivered, or with appropriate law | ||||||
21 | enforcement officials. Failure to comply with the notice issued | ||||||
22 | by the State Commission under this Section is against the | ||||||
23 | public interest and constitutes a business offense for which | ||||||
24 | the person shall be fined not more than $5,000 for a first | ||||||
25 | offense, not more than $10,000 for a second offense, and not | ||||||
26 | more than $15,000 for a third or subsequent offense. Each |
| |||||||
| |||||||
1 | shipment or transfer of alcoholic liquor in violation of the | ||||||
2 | cease and desist notice shall constitute a separate offense. | ||||||
3 | (i) The power and authority granted to the State Commission | ||||||
4 | under this Section is in addition to any existing power or | ||||||
5 | authority the State Commission has under this Act and its | ||||||
6 | exercise shall be accorded precedence on the State Commission's | ||||||
7 | meeting agenda so as to fully accommodate the schedule for any | ||||||
8 | proceeding under the provisions of this Section. Nothing in | ||||||
9 | this Act shall be construed as limiting or otherwise impairing | ||||||
10 | the ability of the State Commission to conduct future | ||||||
11 | investigations and proceedings sua sponte or pursuant to a | ||||||
12 | complaint to ensure compliance with this Section or paragraph | ||||||
13 | (19) or (20) of subsection (a) of Section 6-2 of this Act. Any | ||||||
14 | future investigations and proceedings shall be conducted by the | ||||||
15 | State Commission on an expedited basis and pursuant to an | ||||||
16 | initiating order entered by the State Commission. The State | ||||||
17 | Commission shall enter its initiating order within 30 days | ||||||
18 | after the receipt of a complaint. The initiating order shall | ||||||
19 | set forth a schedule by which the required notices, | ||||||
20 | disclosures, determinations, or orders specified in | ||||||
21 | subsections (d), (e), (f), (g), and (h) shall be made or | ||||||
22 | entered, and the period of time by which a licensee shall | ||||||
23 | divest itself of or sever a prohibited ownership interest, | ||||||
24 | which shall be no later than 540 days after the entry of the | ||||||
25 | initiating order. | ||||||
26 | (j) Any association or non-profit corporation representing |
| |||||||
| |||||||
1 | beer distributors in this State shall have standing to | ||||||
2 | intervene and otherwise participate as a party in any | ||||||
3 | proceeding undertaken by the State Commission under this | ||||||
4 | Section to review and determine compliance or non-compliance | ||||||
5 | with this Section. | ||||||
6 | (k) For purposes of this Section, the term "ownership | ||||||
7 | interest" means a legal, equitable, or beneficial interest | ||||||
8 | recognized under Illinois law. The term "prohibited ownership | ||||||
9 | interest" means an ownership interest in a distributor , | ||||||
10 | importing distributor, or manufacturer of beer as specified in | ||||||
11 | this Section.
| ||||||
12 | (Source: P.A. 98-21, eff. 6-13-13.)
| ||||||
13 | (235 ILCS 5/6-5) (from Ch. 43, par. 122)
| ||||||
14 | Sec. 6-5.
Except as otherwise provided in this Section, it | ||||||
15 | is unlawful
for any person having a retailer's license or
any | ||||||
16 | officer, associate, member, representative or agent of such | ||||||
17 | licensee
to accept, receive or borrow money, or anything else | ||||||
18 | of value, or accept
or receive credit (other than merchandising | ||||||
19 | credit in the ordinary
course of business for a period not to | ||||||
20 | exceed 30 days) directly or
indirectly from any manufacturer , | ||||||
21 | importing distributor or distributor
of alcoholic liquor, or | ||||||
22 | from any person connected with or in any way
representing, or | ||||||
23 | from any member of the family of, such manufacturer,
importing | ||||||
24 | distributor, distributor or wholesaler, or from any
| ||||||
25 | stockholders in any corporation engaged in manufacturing, |
| |||||||
| |||||||
1 | distributing
or wholesaling of such liquor, or from any | ||||||
2 | officer, manager, agent or
representative of said | ||||||
3 | manufacturer. Except as provided below, it is
unlawful for any | ||||||
4 | manufacturer
or distributor or importing distributor to give or | ||||||
5 | lend money or
anything of value, or otherwise loan or extend | ||||||
6 | credit (except such
merchandising credit) directly or | ||||||
7 | indirectly to any retail licensee or
to the manager, | ||||||
8 | representative, agent, officer or director of such
licensee. A | ||||||
9 | manufacturer or , distributor or importing distributor may | ||||||
10 | furnish
free advertising, posters,
signs, brochures, | ||||||
11 | hand-outs, or other promotional devices or materials to
any | ||||||
12 | unit of government owning or operating any auditorium, | ||||||
13 | exhibition hall,
recreation facility or other similar facility | ||||||
14 | holding a retailer's license,
provided that the primary purpose | ||||||
15 | of such promotional devices or materials
is to promote public | ||||||
16 | events being held at such facility. A unit of government
owning | ||||||
17 | or operating such a facility holding a retailer's license may | ||||||
18 | accept
such promotional devices or materials designed | ||||||
19 | primarily to promote public
events held at the facility. No | ||||||
20 | retail licensee delinquent beyond the
30 day period specified | ||||||
21 | in this Section shall
solicit, accept or receive credit, | ||||||
22 | purchase or acquire alcoholic
liquors, directly or indirectly | ||||||
23 | from any other licensee, and no
manufacturer or , distributor or | ||||||
24 | importing distributor shall knowingly grant
or extend credit, | ||||||
25 | sell, furnish or supply alcoholic liquors to any such
| ||||||
26 | delinquent retail licensee; provided that the purchase price of |
| |||||||
| |||||||
1 | all beer
sold to a retail licensee shall be paid by the retail | ||||||
2 | licensee in cash
on or before delivery of the beer, and unless | ||||||
3 | the purchase price payable
by a retail licensee for beer sold | ||||||
4 | to him in returnable bottles shall
expressly include a charge | ||||||
5 | for the bottles and cases, the retail
licensee shall, on or | ||||||
6 | before delivery of such beer, pay the seller in
cash a deposit | ||||||
7 | in an amount not less than the deposit required to be
paid by | ||||||
8 | the distributor to the brewer; but where the brewer sells | ||||||
9 | direct
to the retailer, the deposit shall be an amount no less | ||||||
10 | than that
required by the brewer from his own distributors; and | ||||||
11 | provided further,
that in no instance shall this deposit be | ||||||
12 | less than 50 cents for each
case of beer in pint or smaller | ||||||
13 | bottles and 60 cents for each case of
beer in quart or | ||||||
14 | half-gallon bottles; and provided further, that the
purchase | ||||||
15 | price of all beer sold to a an importing distributor or
| ||||||
16 | distributor shall be paid by such importing distributor or | ||||||
17 | distributor
in cash on or before the 15th day (Sundays and | ||||||
18 | holidays excepted) after
delivery of such beer to such | ||||||
19 | purchaser; and unless the purchase price
payable by such | ||||||
20 | importing distributor or distributor for beer sold in
| ||||||
21 | returnable bottles and cases shall expressly include a charge | ||||||
22 | for the
bottles and cases, such importing distributor or | ||||||
23 | distributor shall, on
or before the 15th day (Sundays and | ||||||
24 | holidays excepted) after delivery of
such beer to such | ||||||
25 | purchaser, pay the seller in cash a required amount as
a | ||||||
26 | deposit to assure the return of such bottles and cases. Nothing |
| |||||||
| |||||||
1 | herein
contained shall prohibit any licensee from crediting or | ||||||
2 | refunding to a
purchaser the actual amount of money paid for | ||||||
3 | bottles, cases, kegs or
barrels returned by the purchaser to | ||||||
4 | the seller or paid by the purchaser
as a deposit on bottles, | ||||||
5 | cases, kegs or barrels, when such containers or
packages are | ||||||
6 | returned to the seller. Nothing herein contained shall
prohibit | ||||||
7 | any manufacturer , importing distributor or distributor from
| ||||||
8 | extending usual and customary credit for alcoholic liquor sold | ||||||
9 | to
customers or purchasers who live in or maintain places of | ||||||
10 | business
outside of this State when such alcoholic liquor is | ||||||
11 | actually transported
and delivered to such points outside of | ||||||
12 | this State.
| ||||||
13 | A manufacturer or , distributor , or importing distributor | ||||||
14 | may furnish free social media advertising to a retail licensee | ||||||
15 | if the social media advertisement does not contain the retail | ||||||
16 | price of any alcoholic liquor and the social media | ||||||
17 | advertisement complies with any applicable rules or | ||||||
18 | regulations issued by the Alcohol and Tobacco Tax and Trade | ||||||
19 | Bureau of the United States Department of the Treasury. A | ||||||
20 | manufacturer or , distributor , or importing distributor may | ||||||
21 | list the names of one or more unaffiliated retailers in the | ||||||
22 | advertisement of alcoholic liquor through social media. | ||||||
23 | Nothing in this Section shall prohibit a retailer from | ||||||
24 | communicating with a manufacturer or , distributor , or | ||||||
25 | importing distributor on social media or sharing media on the | ||||||
26 | social media of a manufacturer or , distributor , or importing |
| |||||||
| |||||||
1 | distributor . A retailer may request free social media | ||||||
2 | advertising from a manufacturer or , distributor , or importing | ||||||
3 | distributor . Nothing in this Section shall prohibit a | ||||||
4 | manufacturer or , distributor , or importing distributor from | ||||||
5 | sharing, reposting, or otherwise forwarding a social media post | ||||||
6 | by a retail licensee, so long as the sharing, reposting, or | ||||||
7 | forwarding of the social media post does not contain the retail | ||||||
8 | price of any alcoholic liquor. No manufacturer or , distributor , | ||||||
9 | or importing distributor shall pay or reimburse a retailer, | ||||||
10 | directly or indirectly, for any social media advertising | ||||||
11 | services, except as specifically permitted in this Act. No | ||||||
12 | retailer shall accept any payment or reimbursement, directly or | ||||||
13 | indirectly, for any social media advertising services offered | ||||||
14 | by a manufacturer or , distributor , or importing distributor, | ||||||
15 | except as specifically permitted in this Act. For the purposes | ||||||
16 | of this Section, "social media" means a service, platform, or | ||||||
17 | site where users communicate with one another and share media, | ||||||
18 | such as pictures, videos, music, and blogs, with other users | ||||||
19 | free of charge. | ||||||
20 | No right of action shall exist for the collection of any | ||||||
21 | claim based
upon credit extended to a distributor , importing | ||||||
22 | distributor or retail
licensee contrary to the provisions of | ||||||
23 | this Section.
| ||||||
24 | Every manufacturer , importing distributor and distributor | ||||||
25 | shall
submit or cause to be submitted, to the State Commission, | ||||||
26 | in triplicate,
not later than Thursday of each calendar week, a |
| |||||||
| |||||||
1 | verified written list
of the names and respective addresses of | ||||||
2 | each retail licensee purchasing
spirits or wine from such | ||||||
3 | manufacturer , importing distributor or
distributor who, on the | ||||||
4 | first business day of that calendar week, was
delinquent beyond | ||||||
5 | the above mentioned permissible merchandising credit
period of | ||||||
6 | 30 days; or, if such is the fact, a verified written statement
| ||||||
7 | that no retail licensee purchasing spirits or wine was then | ||||||
8 | delinquent
beyond such permissible merchandising credit period | ||||||
9 | of 30 days.
| ||||||
10 | Every manufacturer , importing distributor and distributor | ||||||
11 | shall
submit or cause to be submitted, to the State Commission, | ||||||
12 | in triplicate,
a verified written list of the names and | ||||||
13 | respective addresses of each
previously reported delinquent | ||||||
14 | retail licensee who has cured such
delinquency by payment, | ||||||
15 | which list shall be submitted not later than the
close of the | ||||||
16 | second full business day following the day such delinquency
was | ||||||
17 | so cured.
| ||||||
18 | Such written verified reports required to be submitted by | ||||||
19 | this
Section shall be posted by the State Commission in each of | ||||||
20 | its offices
in places available for public inspection not later | ||||||
21 | than the day
following receipt thereof by the Commission. The | ||||||
22 | reports so posted shall
constitute notice to every | ||||||
23 | manufacturer , importing distributor and
distributor of the | ||||||
24 | information contained therein. Actual notice to
manufacturers , | ||||||
25 | importing distributors and distributors of the
information | ||||||
26 | contained in any such posted reports, however received,
shall |
| |||||||
| |||||||
1 | also constitute notice of such information.
| ||||||
2 | The 30 day merchandising credit period allowed by this | ||||||
3 | Section shall
commence with the day immediately following the | ||||||
4 | date of invoice and
shall include all successive days including | ||||||
5 | Sundays and holidays to and
including the 30th successive day.
| ||||||
6 | In addition to other methods allowed by law, payment by | ||||||
7 | check during
the period for which merchandising credit may be | ||||||
8 | extended under the
provisions of this Section shall be | ||||||
9 | considered payment. All checks
received in payment for | ||||||
10 | alcoholic liquor shall be promptly deposited for
collection. A | ||||||
11 | post dated check or a check dishonored on presentation for
| ||||||
12 | payment shall not be deemed payment.
| ||||||
13 | A retail licensee shall not be deemed to be delinquent in | ||||||
14 | payment for
any alleged sale to him of alcoholic liquor when | ||||||
15 | there exists a bona fide
dispute between such retailer and a | ||||||
16 | manufacturer , importing distributor
or distributor with | ||||||
17 | respect to the amount of indebtedness existing
because of such | ||||||
18 | alleged sale.
| ||||||
19 | A delinquent retail licensee who engages in the retail | ||||||
20 | liquor
business at 2 or more locations shall be deemed to be | ||||||
21 | delinquent with
respect to each such location.
| ||||||
22 | The license of any person who violates any provision of | ||||||
23 | this Section
shall be subject to suspension or revocation in | ||||||
24 | the manner provided by
this Act.
| ||||||
25 | If any part or provision of this Article or the application | ||||||
26 | thereof
to any person or circumstances shall be adjudged |
| |||||||
| |||||||
1 | invalid by a court of
competent jurisdiction, such judgment | ||||||
2 | shall be confined by its operation
to the controversy in which | ||||||
3 | it was mentioned and shall not affect or
invalidate the | ||||||
4 | remainder of this Article or the application thereof to
any | ||||||
5 | other person or circumstance and to this and the provisions of | ||||||
6 | this
Article are declared severable.
| ||||||
7 | (Source: P.A. 99-448, eff. 8-24-15.)
| ||||||
8 | (235 ILCS 5/6-6) (from Ch. 43, par. 123)
| ||||||
9 | Sec. 6-6.
Except as otherwise provided in this Act no | ||||||
10 | manufacturer or
distributor or importing distributor shall, | ||||||
11 | directly or indirectly,
sell, supply, furnish, give or pay for, | ||||||
12 | or loan or lease, any
furnishing, fixture or equipment on the | ||||||
13 | premises of a place of business
of another licensee authorized | ||||||
14 | under this Act to sell alcoholic liquor
at retail, either for | ||||||
15 | consumption on or off the premises, nor shall he or she,
| ||||||
16 | directly or indirectly, pay for any such license, or advance, | ||||||
17 | furnish,
lend or give money for payment of such license, or | ||||||
18 | purchase or become
the owner of any note, mortgage, or other | ||||||
19 | evidence of indebtedness of
such licensee or any form of | ||||||
20 | security therefor, nor shall such
manufacturer , or | ||||||
21 | distributor, or importing distributor, directly or
indirectly, | ||||||
22 | be interested in the ownership, conduct or operation of the
| ||||||
23 | business of any licensee authorized to sell alcoholic liquor at | ||||||
24 | retail,
nor shall any manufacturer , or distributor , or | ||||||
25 | importing distributor be
interested directly or indirectly or |
| |||||||
| |||||||
1 | as owner or part owner of said
premises or as lessee or lessor | ||||||
2 | thereof, in any premises upon which
alcoholic liquor is sold at | ||||||
3 | retail.
| ||||||
4 | No manufacturer or distributor or importing distributor | ||||||
5 | shall,
directly or indirectly or through a subsidiary or | ||||||
6 | affiliate, or by any
officer, director or firm of such | ||||||
7 | manufacturer or , distributor or importing
distributor , | ||||||
8 | furnish, give, lend or rent, install, repair or maintain,
to or | ||||||
9 | for any retail licensee in this State, any
signs or inside | ||||||
10 | advertising materials except as provided in this Section and
| ||||||
11 | Section 6-5. With respect to
retail licensees, other than any | ||||||
12 | government owned or operated auditorium,
exhibition hall, | ||||||
13 | recreation facility or other similar facility holding a
| ||||||
14 | retailer's license as described in Section 6-5, a manufacturer | ||||||
15 | or , distributor , or importing distributor may furnish, give, | ||||||
16 | lend or rent and
erect, install, repair and maintain to or for | ||||||
17 | any retail licensee, for use
at any one time in or about or in | ||||||
18 | connection with a retail establishment on
which the products of | ||||||
19 | the manufacturer or , distributor or importing
distributor are | ||||||
20 | sold, the following signs and inside advertising materials
as | ||||||
21 | authorized in subparts (i), (ii), (iii), and (iv):
| ||||||
22 | (i) Permanent outside signs shall be limited to one | ||||||
23 | outside sign, per
brand, in place and in use at any one | ||||||
24 | time,
costing not more than $893, exclusive of erection,
| ||||||
25 | installation, repair and maintenance costs, and permit | ||||||
26 | fees and
shall bear only the manufacturer's name, brand |
| |||||||
| |||||||
1 | name, trade name, slogans,
markings, trademark, or other | ||||||
2 | symbols commonly associated with and generally
used in | ||||||
3 | identifying the product including, but not limited to, | ||||||
4 | "cold beer", "on
tap", "carry out", and "packaged liquor".
| ||||||
5 | (ii) Temporary outside signs shall be
limited to one | ||||||
6 | temporary outside sign per brand. Examples of temporary | ||||||
7 | outside
signs are banners, flags, pennants,
streamers, and | ||||||
8 | other items of a temporary and non-permanent
nature. Each | ||||||
9 | temporary outside sign must include the manufacturer's | ||||||
10 | name,
brand name, trade name, slogans, markings,
| ||||||
11 | trademark, or other symbol commonly associated with and | ||||||
12 | generally used in
identifying the product. Temporary | ||||||
13 | outside signs may also include,
for example, the product,
| ||||||
14 | price, packaging, date or dates of a promotion and an | ||||||
15 | announcement of a
retail licensee's specific sponsored | ||||||
16 | event, if the temporary outside sign is
intended to promote | ||||||
17 | a product, and provided that the announcement of the retail
| ||||||
18 | licensee's event and the product promotion are held | ||||||
19 | simultaneously. However,
temporary outside signs may not | ||||||
20 | include names, slogans, markings, or logos that
relate to | ||||||
21 | the retailer. Nothing in this subpart (ii) shall prohibit a
| ||||||
22 | distributor or importing distributor from bearing the cost | ||||||
23 | of creating or
printing a temporary outside sign for the | ||||||
24 | retail licensee's specific sponsored
event or from bearing | ||||||
25 | the cost of creating or printing a temporary sign for a
| ||||||
26 | retail licensee containing, for example, community |
| |||||||
| |||||||
1 | goodwill expressions,
regional sporting event | ||||||
2 | announcements, or seasonal messages, provided that the
| ||||||
3 | primary purpose of the temporary outside sign is to | ||||||
4 | highlight, promote, or
advertise the product.
In addition, | ||||||
5 | temporary outside signs provided by the manufacturer to
the | ||||||
6 | distributor or importing distributor may also include, for | ||||||
7 | example, subject
to the limitations of this Section, | ||||||
8 | preprinted community goodwill expressions,
sporting event | ||||||
9 | announcements, seasonal messages, and manufacturer | ||||||
10 | promotional
announcements. However, a distributor or | ||||||
11 | importing distributor shall not bear
the cost of such | ||||||
12 | manufacturer preprinted signs.
| ||||||
13 | (iii) Permanent inside
signs, whether visible from the | ||||||
14 | outside or the inside of the premises,
include, but are not | ||||||
15 | limited to: alcohol lists and menus that may include
names, | ||||||
16 | slogans, markings, or logos that relate to the retailer; | ||||||
17 | neons;
illuminated signs; clocks; table lamps; mirrors; | ||||||
18 | tap handles; decalcomanias;
window painting; and window | ||||||
19 | trim. All permanent inside signs in place
and in use at any | ||||||
20 | one time shall cost in the aggregate not more than $2000 | ||||||
21 | per
manufacturer. A permanent inside sign must include the
| ||||||
22 | manufacturer's name, brand name, trade name, slogans, | ||||||
23 | markings, trademark, or
other symbol commonly associated | ||||||
24 | with and generally used in identifying
the product. | ||||||
25 | However,
permanent inside signs may not include names, | ||||||
26 | slogans, markings, or logos
that relate to the retailer. |
| |||||||
| |||||||
1 | For the purpose of this subpart (iii), all
permanent inside | ||||||
2 | signs may be displayed in an adjacent courtyard or patio
| ||||||
3 | commonly referred to as a "beer garden" that is a part of | ||||||
4 | the retailer's
licensed premises.
| ||||||
5 | (iv) Temporary inside signs shall include, but are not | ||||||
6 | limited to, lighted
chalk boards, acrylic table tent | ||||||
7 | beverage or hors d'oeuvre list holders,
banners, flags, | ||||||
8 | pennants, streamers, and inside advertising materials such | ||||||
9 | as
posters, placards, bowling sheets, table tents, inserts | ||||||
10 | for acrylic table tent
beverage or hors d'oeuvre list | ||||||
11 | holders, sports schedules,
or similar printed or | ||||||
12 | illustrated materials; however, such items, for example,
| ||||||
13 | as coasters, trays, napkins, glassware and cups shall not | ||||||
14 | be deemed to be
inside signs or advertising materials and | ||||||
15 | may only be sold to retailers. All
temporary inside signs | ||||||
16 | and inside advertising materials in place and in use at
any | ||||||
17 | one time shall cost in the aggregate not more than $325 per | ||||||
18 | manufacturer.
Nothing in this subpart (iv) prohibits a | ||||||
19 | distributor or importing distributor
from paying the cost | ||||||
20 | of
printing or creating any temporary inside banner or | ||||||
21 | inserts for acrylic table
tent beverage or hors d'oeuvre | ||||||
22 | list holders for a retail licensee, provided
that the | ||||||
23 | primary purpose for the banner or insert is to highlight, | ||||||
24 | promote, or
advertise the product. For the purpose of this | ||||||
25 | subpart (iv), all temporary
inside signs and inside | ||||||
26 | advertising materials may be displayed in an adjacent
|
| |||||||
| |||||||
1 | courtyard or patio commonly referred to as a "beer garden" | ||||||
2 | that is a part of
the retailer's licensed premises.
| ||||||
3 | A "cost adjustment factor" shall be used to periodically | ||||||
4 | update the
dollar limitations prescribed in subparts (i), | ||||||
5 | (iii), and (iv). The Commission
shall establish the adjusted | ||||||
6 | dollar limitation on an annual basis beginning in
January, | ||||||
7 | 1997. The term "cost adjustment factor"
means a percentage | ||||||
8 | equal to the change in the Bureau of Labor Statistics
Consumer | ||||||
9 | Price Index or 5%, whichever is greater.
The restrictions | ||||||
10 | contained in this Section 6-6 do not apply to signs, or
| ||||||
11 | promotional or advertising materials furnished by | ||||||
12 | manufacturers or , distributors
or importing distributors to a | ||||||
13 | government owned or operated facility holding
a retailer's | ||||||
14 | license as described in Section 6-5.
| ||||||
15 | No distributor or importing distributor shall directly or | ||||||
16 | indirectly
or through a subsidiary or affiliate, or by any | ||||||
17 | officer, director or
firm of such manufacturer or , distributor | ||||||
18 | or importing distributor ,
furnish, give, lend or rent, install, | ||||||
19 | repair or maintain, to or for any
retail licensee in this | ||||||
20 | State, any signs or
inside advertising materials described in | ||||||
21 | subparts (i), (ii), (iii), or (iv)
of this Section except as | ||||||
22 | the agent for or on behalf of a manufacturer,
provided that the | ||||||
23 | total cost of any signs and inside advertising materials
| ||||||
24 | including but not limited to labor, erection, installation and | ||||||
25 | permit fees
shall be paid by the manufacturer whose product or | ||||||
26 | products said signs
and inside advertising materials advertise |
| |||||||
| |||||||
1 | and except as follows:
| ||||||
2 | A distributor or importing distributor may purchase from or | ||||||
3 | enter into a
written agreement with a manufacturer or a | ||||||
4 | manufacturer's designated supplier
and such manufacturer or | ||||||
5 | the manufacturer's designated supplier may sell or
enter into | ||||||
6 | an agreement to sell to a distributor or importing distributor
| ||||||
7 | permitted signs and advertising materials described in | ||||||
8 | subparts (ii), (iii), or
(iv) of this Section for the purpose | ||||||
9 | of furnishing, giving, lending, renting,
installing, | ||||||
10 | repairing, or maintaining such signs or advertising materials | ||||||
11 | to or
for any retail licensee in this State. Any purchase by a | ||||||
12 | distributor or
importing distributor from a manufacturer or a | ||||||
13 | manufacturer's designated
supplier shall be voluntary and the | ||||||
14 | manufacturer may not require the
distributor or the importing | ||||||
15 | distributor to purchase signs or advertising
materials from the | ||||||
16 | manufacturer or the manufacturer's designated supplier.
| ||||||
17 | A distributor or importing distributor shall be deemed the | ||||||
18 | owner of such
signs or advertising materials purchased from a | ||||||
19 | manufacturer or
a manufacturer's designated supplier.
| ||||||
20 | The provisions of Public Act 90-373
concerning signs or | ||||||
21 | advertising materials delivered by a manufacturer to a
| ||||||
22 | distributor or importing distributor shall apply only to signs | ||||||
23 | or advertising
materials delivered on or after August 14, 1997.
| ||||||
24 | A manufacturer or , distributor , or importing distributor | ||||||
25 | may furnish free social media advertising to a retail licensee | ||||||
26 | if the social media advertisement does not contain the retail |
| |||||||
| |||||||
1 | price of any alcoholic liquor and the social media | ||||||
2 | advertisement complies with any applicable rules or | ||||||
3 | regulations issued by the Alcohol and Tobacco Tax and Trade | ||||||
4 | Bureau of the United States Department of the Treasury. A | ||||||
5 | manufacturer or , distributor , or importing distributor may | ||||||
6 | list the names of one or more unaffiliated retailers in the | ||||||
7 | advertisement of alcoholic liquor through social media. | ||||||
8 | Nothing in this Section shall prohibit a retailer from | ||||||
9 | communicating with a manufacturer or , distributor , or | ||||||
10 | importing distributor on social media or sharing media on the | ||||||
11 | social media of a manufacturer or , distributor , or importing | ||||||
12 | distributor . A retailer may request free social media | ||||||
13 | advertising from a manufacturer or , distributor , or importing | ||||||
14 | distributor . Nothing in this Section shall prohibit a | ||||||
15 | manufacturer or , distributor , or importing distributor from | ||||||
16 | sharing, reposting, or otherwise forwarding a social media post | ||||||
17 | by a retail licensee, so long as the sharing, reposting, or | ||||||
18 | forwarding of the social media post does not contain the retail | ||||||
19 | price of any alcoholic liquor. No manufacturer or , distributor , | ||||||
20 | or importing distributor shall pay or reimburse a retailer, | ||||||
21 | directly or indirectly, for any social media advertising | ||||||
22 | services, except as specifically permitted in this Act. No | ||||||
23 | retailer shall accept any payment or reimbursement, directly or | ||||||
24 | indirectly, for any social media advertising services offered | ||||||
25 | by a manufacturer or , distributor, or importing distributor, | ||||||
26 | except as specifically permitted in this Act. For the purposes |
| |||||||
| |||||||
1 | of this Section, "social media" means a service, platform, or | ||||||
2 | site where users communicate with one another and share media, | ||||||
3 | such as pictures, videos, music, and blogs, with other users | ||||||
4 | free of charge. | ||||||
5 | No person engaged in the business of manufacturing, | ||||||
6 | importing or
distributing alcoholic liquors shall, directly or | ||||||
7 | indirectly, pay for,
or advance, furnish, or lend money for the | ||||||
8 | payment of any license for
another. Any licensee who shall | ||||||
9 | permit or assent, or be a party in any
way to any violation or | ||||||
10 | infringement of the provisions of this Section
shall be deemed | ||||||
11 | guilty of a violation of this Act, and any money loaned
| ||||||
12 | contrary to a provision of this Act shall not be recovered | ||||||
13 | back, or any
note, mortgage or other evidence of indebtedness, | ||||||
14 | or security, or any
lease or contract obtained or made contrary | ||||||
15 | to this Act shall be
unenforceable and void.
| ||||||
16 | This Section shall not apply to airplane licensees | ||||||
17 | exercising powers
provided in paragraph (i) of Section 5-1 of | ||||||
18 | this Act.
| ||||||
19 | (Source: P.A. 98-756, eff. 7-16-14; 99-448, eff. 8-24-15.)
| ||||||
20 | (235 ILCS 5/6-6.3) | ||||||
21 | Sec. 6-6.3. Non-alcoholic merchandise. | ||||||
22 | (a) Nothing in this Act shall authorize the Illinois Liquor | ||||||
23 | Control Commission to regulate or exercise jurisdiction over | ||||||
24 | any action, transaction, and business of manufacturers, | ||||||
25 | distributors, or retailers engaged in any transaction |
| |||||||
| |||||||
1 | involving the furnishing, selling, or offering for sale of | ||||||
2 | non-alcoholic merchandise by manufacturers, distributors, or | ||||||
3 | retailers, unless the transaction involves expressed or | ||||||
4 | implied agreements or understandings prohibited by this Act. | ||||||
5 | (b) Non-alcoholic merchandise may be sold by a manufacturer | ||||||
6 | class license holder, non-resident dealer, foreign importer, | ||||||
7 | importing distributor, or distributor to a retail licensee if: | ||||||
8 | (1) the manufacturer class license holder, | ||||||
9 | non-resident dealer, foreign importer, importing | ||||||
10 | distributor, or distributor is also in business as a bona | ||||||
11 | fide producer or vendor of other merchandise; | ||||||
12 | (2) the merchandise is sold at its fair market value; | ||||||
13 | (3) the non-alcoholic merchandise is not sold in | ||||||
14 | combination with alcoholic liquor or conditioned on the | ||||||
15 | sale of alcoholic liquor; | ||||||
16 | (4) the manufacturer class license holder's, | ||||||
17 | non-resident dealer's, foreign importer's, importing | ||||||
18 | distributor's, or distributor's acquisition or production | ||||||
19 | costs of the non-alcoholic merchandise appear on the | ||||||
20 | manufacturer class license holder's, non-resident | ||||||
21 | dealer's, foreign importer's, importing distributor's, or | ||||||
22 | distributor's purchase invoices or other records; | ||||||
23 | (5) the individual selling prices of the non-alcoholic | ||||||
24 | merchandise and alcoholic liquor sold in a single | ||||||
25 | transaction can be determined from commercial documents | ||||||
26 | covering the sales transaction if non-alcoholic |
| |||||||
| |||||||
1 | merchandise is sold in the same transaction as alcoholic | ||||||
2 | liquor; and | ||||||
3 | (6) the price is collected by the manufacturer class | ||||||
4 | license holder, non-resident dealer, foreign importer, or | ||||||
5 | distributor within 30 days of the date of the sale, unless | ||||||
6 | other terms are established in writing between the parties. | ||||||
7 | (c) The State Commission may not prohibit the sale of | ||||||
8 | non-alcoholic merchandise if it is sold in the manner in which | ||||||
9 | the non-alcoholic merchandise is sold by a manufacturer or | ||||||
10 | distributor that is not licensed by the State Commission; | ||||||
11 | provided, however, that all invoices for non-alcoholic | ||||||
12 | merchandise sold by a manufacturer class license holder, | ||||||
13 | non-resident dealer, foreign importer, importing distributor, | ||||||
14 | or distributor that is also in business as a bona fide producer | ||||||
15 | or vendor of other merchandise must be in compliance with the | ||||||
16 | books and records requirements of 11 Ill. Adm. Code 100.130. If | ||||||
17 | the non-alcoholic merchandise is sold on the same invoice as an | ||||||
18 | alcoholic liquor product, the 30-day merchandising credit | ||||||
19 | provisions of Section 6-5 of this Act shall apply to the entire | ||||||
20 | transaction, including the non-alcoholic merchandise. | ||||||
21 | (d) Except as provided in subsection (f), a manufacturer | ||||||
22 | class license holder, non-resident dealer, foreign importer, | ||||||
23 | importing distributor, or distributor that is also in business | ||||||
24 | as a bona fide producer or vendor of non-alcoholic merchandise | ||||||
25 | shall not condition the sale of its alcoholic liquor on the | ||||||
26 | sale of its non-alcoholic merchandise and shall not combine the |
| |||||||
| |||||||
1 | sale of its alcoholic liquor with the sale of its non-alcoholic | ||||||
2 | merchandise. A manufacturer class license holder, non-resident | ||||||
3 | dealer, foreign importer, importing distributor, or | ||||||
4 | distributor that is also in business as a bona fide producer or | ||||||
5 | vendor of non-alcoholic merchandise may sell, market, and | ||||||
6 | promote non-alcoholic merchandise in the same manner in which | ||||||
7 | the non-alcoholic merchandise is sold, marketed, or promoted by | ||||||
8 | a manufacturer or distributor not licensed by the State | ||||||
9 | Commission. | ||||||
10 | (e) Notwithstanding the prohibited furnishing or providing | ||||||
11 | of fixtures, equipment, and furnishings to retailers as | ||||||
12 | contained in Section 6-6 of this Act, the act of a manufacturer | ||||||
13 | class license holder, non-resident dealer, foreign importer, | ||||||
14 | importing distributor, or distributor furnishing or providing | ||||||
15 | retailers with fixtures, equipment, or furnishings for the | ||||||
16 | limited purpose of storing, servicing, displaying, | ||||||
17 | advertising, furnishing, selling, or aiding in the sale of | ||||||
18 | non-alcoholic merchandise is permitted, only to the extent | ||||||
19 | allowed by this Section, and such fixtures, equipment, and | ||||||
20 | furnishings shall not be used by the retail licensee to store, | ||||||
21 | service, display, advertise, furnish, sell, or aid in the sale | ||||||
22 | of alcoholic liquors. All such fixtures, equipment, or | ||||||
23 | furnishings shall be identified by the retail licensee as being | ||||||
24 | furnished by a manufacturer class license holder, non-resident | ||||||
25 | dealer, foreign importer, importing distributor, or | ||||||
26 | distributor licensed by the State Commission and, if purchased |
| |||||||
| |||||||
1 | by the retail licensee and sold on the same invoice as | ||||||
2 | alcoholic liquor products, the price must be collected by the | ||||||
3 | manufacturer class license holder, non-resident dealer, | ||||||
4 | foreign importer, importing distributor, or distributor | ||||||
5 | selling the same within 30 days of the date of sale. | ||||||
6 | (f) Notwithstanding any provision of this Act to the | ||||||
7 | contrary, a manufacturer class license holder, non-resident | ||||||
8 | dealer, foreign importer, importing distributor, or | ||||||
9 | distributor may package and distribute alcoholic liquor in | ||||||
10 | combination with other non-alcoholic merchandise products if | ||||||
11 | the alcoholic liquor and non-alcoholic merchandise was | ||||||
12 | originally packaged together for ultimate sale to consumers by | ||||||
13 | the manufacturer or agent of the manufacturer as originally | ||||||
14 | packaged by the manufacturer or agent of the manufacturer for | ||||||
15 | ultimate sale to consumers.
| ||||||
16 | (Source: P.A. 99-282, eff. 8-5-15.)
| ||||||
17 | (235 ILCS 5/6-6.5)
| ||||||
18 | Sec. 6-6.5. Sanitation. A manufacturer or , distributor , or | ||||||
19 | importing
distributor may sell coil cleaning services to a | ||||||
20 | retail licensee at fair market
cost.
| ||||||
21 | A manufacturer or , distributor , or importing distributor | ||||||
22 | may sell dispensing
accessories to retail licensees at a price | ||||||
23 | not less than the cost to the
manufacturer or , distributor , or | ||||||
24 | importing distributor who initially purchased
them. Dispensing | ||||||
25 | accessories include, but are not limited to, items such as
|
| |||||||
| |||||||
1 | standards, faucets, cold plates, rods, vents, taps, tap | ||||||
2 | standards, hoses,
washers, couplings, gas gauges, vent | ||||||
3 | tongues, shanks, and check valves.
| ||||||
4 | Coil cleaning supplies
consisting of detergents, cleaning | ||||||
5 | chemicals, brushes, or similar type cleaning
devices may be | ||||||
6 | sold at a price not less than the cost to the manufacturer or ,
| ||||||
7 | distributor , or importing distributor .
| ||||||
8 | (Source: P.A. 90-432, eff. 1-1-98.)
| ||||||
9 | (235 ILCS 5/6-7) (from Ch. 43, par. 124)
| ||||||
10 | Sec. 6-7.
No manufacturer or distributor or importing | ||||||
11 | distributor or foreign
importer shall sell or deliver any | ||||||
12 | package containing alcoholic liquor
manufactured or | ||||||
13 | distributed by him unless the same shall have affixed
thereto | ||||||
14 | all cancelled revenue stamps which may be provided by Federal | ||||||
15 | law,
and shall also bear thereon a clear and legible label | ||||||
16 | containing the name
and address of the manufacturer, the kind | ||||||
17 | of alcoholic liquor contained
therein, and in the case of | ||||||
18 | alcoholic liquor (other than beer and imported
Scotch whiskey | ||||||
19 | and brandy 4 years old or more) the date when manufactured
and | ||||||
20 | the minimum alcoholic content thereof. No person or persons,
| ||||||
21 | corporation, partnership or firm shall label alcoholic liquor | ||||||
22 | as "whiskey"
or "gin" or shall import for sale or shall sell in | ||||||
23 | this State alcoholic
liquor labeled as "whiskey" or "gin" | ||||||
24 | unless the entire alcoholic content
thereof, except flavoring | ||||||
25 | materials, is a distillate of fermented mash of
grain or |
| |||||||
| |||||||
1 | mixture of grains. Alcoholic liquor of the type of whiskey or | ||||||
2 | gin
not conforming to this requirement must be labeled | ||||||
3 | "imitation whiskey" or
"imitation gin" (as the case may be). No | ||||||
4 | spirits shall contain any
substance, compound or ingredient | ||||||
5 | which is injurious to health or
deleterious for human | ||||||
6 | consumption. No package shall be delivered by any
manufacturer | ||||||
7 | or distributor or importing distributor or foreign importer
| ||||||
8 | unless the same shall be securely sealed so that the contents | ||||||
9 | thereof
cannot be removed without breaking the seal so placed | ||||||
10 | thereon by said
manufacturer, and no other licensee shall sell, | ||||||
11 | have in his possession, or
use any package or container which | ||||||
12 | does not comply with this Section or
does not bear evidence | ||||||
13 | that said package, when delivered to him, complied
herewith.
| ||||||
14 | (Source: P.A. 82-783.)
| ||||||
15 | (235 ILCS 5/6-8) (from Ch. 43, par. 125)
| ||||||
16 | Sec. 6-8.
Each manufacturer or importing distributor or | ||||||
17 | foreign importer
shall keep an accurate record of all alcoholic | ||||||
18 | liquors manufactured,
distributed, sold, used, or delivered by | ||||||
19 | him in this State during each
month, showing therein to whom | ||||||
20 | sold, and shall furnish a copy thereof or a
report thereon to | ||||||
21 | the State Commission, as the State Commission may,
request.
| ||||||
22 | Each importing distributor or manufacturer to whom | ||||||
23 | alcoholic liquors
imported into this State have been consigned | ||||||
24 | shall effect possession and
physical control thereof by storing | ||||||
25 | such alcoholic liquors in the premises
wherein such importing |
| |||||||
| |||||||
1 | distributor or manufacturer is licensed to engage in
such | ||||||
2 | business as a an importing distributor or manufacturer and to | ||||||
3 | make such
alcoholic liquors together with accompanying | ||||||
4 | invoices, bills of lading and
receiving tickets available for | ||||||
5 | inspection by an agent or representative of
the Department of | ||||||
6 | Revenue and of the State Commission.
| ||||||
7 | All alcoholic liquor imported into this State must be | ||||||
8 | off-loaded from the
common carrier, vehicle, or mode of | ||||||
9 | transportation by which the alcoholic
liquor was delivered into | ||||||
10 | this State. The alcoholic liquor shall be stored at
the | ||||||
11 | licensed premises of the importing distributor before sale and | ||||||
12 | delivery to
licensees in this State. A distributor or importing | ||||||
13 | distributor , upon
application to the Commission, may secure a | ||||||
14 | waiver of the provisions of this
Section for purposes of | ||||||
15 | delivering beer directly to a licensee holding or
otherwise | ||||||
16 | participating in a special event sponsored by a unit of | ||||||
17 | government or
a not-for-profit organization.
| ||||||
18 | (Source: P.A. 88-535.)
| ||||||
19 | (235 ILCS 5/6-9) (from Ch. 43, par. 126)
| ||||||
20 | Sec. 6-9.
Registration of trade marks; sale within | ||||||
21 | geographical area;
delivery to authorized persons. The | ||||||
22 | Legislature hereby finds and declares
that for purposes of
| ||||||
23 | ensuring the preservation and enhancement of interbrand | ||||||
24 | competition in
the alcoholic liquor industry within the State, | ||||||
25 | ensuring that importation
and distribution of alcoholic liquor |
| |||||||
| |||||||
1 | in the State will be subject to
thorough and inexpensive | ||||||
2 | monitoring by the State, reducing the
importation of illicit or | ||||||
3 | untaxed alcoholic liquor into the State,
excluding misbranded | ||||||
4 | alcoholic liquor products from the State,
providing incentives | ||||||
5 | to distributors to service and sell to larger
numbers of retail | ||||||
6 | licensees in the geographic area where such
distributors are | ||||||
7 | engaged in business, and reducing the amount of
spoiled and | ||||||
8 | overaged alcoholic liquor products sold to consumers,
it is | ||||||
9 | necessary to restrict the purchase of alcoholic liquors at
| ||||||
10 | wholesale in the State to those persons selected by the | ||||||
11 | manufacturer,
distributor, importing distributor or foreign | ||||||
12 | importer who owns or
controls the trade mark, brand or name of | ||||||
13 | the alcoholic liquor
products sold to such persons, and to | ||||||
14 | restrict the geographic area
or areas within which such persons | ||||||
15 | sell such alcoholic liquor at
wholesale, as provided in this | ||||||
16 | Section.
| ||||||
17 | Each manufacturer, non-resident dealer, distributor, | ||||||
18 | importing distributor,
or
foreign importer who owns or controls | ||||||
19 | the trade mark, brand or name of
any alcoholic liquor shall | ||||||
20 | register with the State Commission, in the Chicago
office, on | ||||||
21 | or before the effective date, the name
of each person to whom | ||||||
22 | such manufacturer, non-resident dealer, distributor,
importing
| ||||||
23 | distributor, or foreign importer grants the right to sell at | ||||||
24 | wholesale
in this State any such alcoholic liquor, specifying | ||||||
25 | the particular trade
mark, brand or name of alcoholic liquor as | ||||||
26 | to which such right is
granted, the geographical area or areas |
| |||||||
| |||||||
1 | for which such right is granted
and the period of time for | ||||||
2 | which such rights are granted to such person.
Each | ||||||
3 | manufacturer,
non-resident dealer, distributor or importing | ||||||
4 | distributor , or foreign
importer who is required to register | ||||||
5 | under this Section must furnish a copy
of the registration | ||||||
6 | statement at the time of appointment to the person who has
been | ||||||
7 | granted the right to sell alcoholic liquor at wholesale. | ||||||
8 | However, if a
person who has been appointed the right to sell | ||||||
9 | alcoholic liquor at wholesale
does not receive a copy of the | ||||||
10 | registration statement as required under this
Section, such | ||||||
11 | person may file a registration statement with the State
| ||||||
12 | Commission, provided that the person furnishes a copy of that | ||||||
13 | registration
statement to the manufacturer, non-resident | ||||||
14 | dealer, distributor, importing
distributor, or foreign | ||||||
15 | importer within 30 days of filing the registration
statement. | ||||||
16 | The registration statement shall state:
| ||||||
17 | (1) the name of the person appointed;
| ||||||
18 | (2) the name of the manufacturer, non-resident dealer, | ||||||
19 | distributor,
importing distributor, or foreign importer from | ||||||
20 | whom the person received the
right to sell alcoholic liquor;
| ||||||
21 | (3) the particular trade mark, brand, or name of alcoholic | ||||||
22 | liquor
as
to
which the right to sell at wholesale is granted; | ||||||
23 | and
| ||||||
24 | (4) the geographical areas for which the right to sell at
| ||||||
25 | wholesale
is
granted.
| ||||||
26 | Such manufacturer, non-resident dealer, distributor, |
| |||||||
| |||||||
1 | importing distributor,
or
foreign
importer may grant the right | ||||||
2 | to sell at wholesale any trade mark, brand
or name of any | ||||||
3 | alcoholic liquor in any geographical area to more than
one | ||||||
4 | person. If the registration is received after the effective | ||||||
5 | date, the
Commission shall treat the date the registration was | ||||||
6 | received in the Chicago
office as the effective
date. Such | ||||||
7 | registration shall be made on a form prescribed by the
State | ||||||
8 | Commission and the State Commission may require such | ||||||
9 | registration
to be on a form provided by it.
| ||||||
10 | A non-resident dealer or foreign importer who is not a | ||||||
11 | manufacturer shall file the registration statement jointly | ||||||
12 | with the manufacturer identifying the person authorized by the | ||||||
13 | manufacturer to sign the registration statement on behalf of | ||||||
14 | the manufacturer. | ||||||
15 | No such registration shall be made
in any other manner than | ||||||
16 | as is provided in this
Section and only those persons | ||||||
17 | registered by the manufacturer, non-resident
dealer, | ||||||
18 | distributor, importing distributor or foreign importer, shall | ||||||
19 | have
the right to sell at wholesale in this State, the brand of | ||||||
20 | alcoholic liquor
specified on the registration form.
| ||||||
21 | However, a licensed Illinois distributor who has not been | ||||||
22 | registered to
sell a brand of alcoholic liquor, but for a | ||||||
23 | period of 2 years prior
to
November 8, 1979 has been engaged in | ||||||
24 | the purchase of a brand for resale
from a licensed Illinois | ||||||
25 | distributor who has the right to sell that brand
at wholesale, | ||||||
26 | may continue to purchase and resell the brand at wholesale,
and |
| |||||||
| |||||||
1 | may purchase from the same distributor and resell at wholesale | ||||||
2 | any
new brands of the same manufacturer, provided that:
| ||||||
3 | (1) Within 60 days after November 8, 1979 he identifies | ||||||
4 | the brand which
he so purchased to the State Commission and | ||||||
5 | the Commission within 30 days
thereafter verifies that the | ||||||
6 | purchases have occurred;
| ||||||
7 | (2) Thereafter, he notifies the State Commission in | ||||||
8 | writing of any brands
of the same manufacturer which he | ||||||
9 | wishes to purchase from the same distributor
that were not | ||||||
10 | available for distribution on or before November 8, 1979,
| ||||||
11 | and that the Commission within 30 days of such notification | ||||||
12 | verifies
that the brand is a new brand of the same | ||||||
13 | manufacturer, and that the same
licensed Illinois | ||||||
14 | distributor has the right to sell the new brand at | ||||||
15 | wholesale;
| ||||||
16 | (3) His licensed business address is within the | ||||||
17 | geographical area for
which the licensed Illinois | ||||||
18 | distributor from whom the purchases are made
has the right | ||||||
19 | to sell said brand or brands of alcoholic liquor; and
| ||||||
20 | (4) His sales are made within the geographical area for | ||||||
21 | which the licensed
Illinois distributor from whom the | ||||||
22 | purchases are made has the right to sell
the brand or | ||||||
23 | brands of alcoholic liquor and only to retail licensees | ||||||
24 | whose
licensed premises are located within the | ||||||
25 | aforementioned geographical area.
| ||||||
26 | No person to whom such right is granted shall sell at |
| |||||||
| |||||||
1 | wholesale in
this State any alcoholic liquor bearing such trade | ||||||
2 | mark, brand or name
outside of the geographical area for which | ||||||
3 | such person holds such
selling right, as registered with the | ||||||
4 | State Commission, nor shall he
sell such alcoholic liquor | ||||||
5 | within such geographical area to a retail
licensee if the | ||||||
6 | premises specified in such retailer's license are
located | ||||||
7 | outside such geographical area.
Any licensed Illinois | ||||||
8 | distributor who has not been granted the right to sell
any | ||||||
9 | alcoholic liquor at wholesale and is purchasing alcoholic | ||||||
10 | liquor from a
person who has been granted the right to sell at | ||||||
11 | wholesale may sell and deliver
only to retail licensees whose | ||||||
12 | licensed premises are within the same
geographical area as the | ||||||
13 | person who has been granted the right to sell at
wholesale.
| ||||||
14 | No manufacturer, importing distributor, distributor, | ||||||
15 | non-resident dealer,
or foreign
importer shall sell or deliver | ||||||
16 | any package containing alcoholic liquor
manufactured or | ||||||
17 | distributed by him for resale, unless the person to whom
such | ||||||
18 | package is sold or delivered is authorized to receive such | ||||||
19 | package
in accordance with the provisions of this Act.
| ||||||
20 | (Source: P.A. 96-482, eff. 8-14-09.)
| ||||||
21 | (235 ILCS 5/6-17) (from Ch. 43, par. 133)
| ||||||
22 | Sec. 6-17.
(a) No licensee licensed under the provisions of | ||||||
23 | this
Act shall deny or permit his agents and employees to deny | ||||||
24 | any person the
full and equal enjoyment of the accommodations, | ||||||
25 | advantages, facilities and
privileges of any premises in which |
| |||||||
| |||||||
1 | alcoholic liquors are authorized to be
sold subject only to the | ||||||
2 | conditions and limitations established by law and
applicable | ||||||
3 | alike to all citizens.
| ||||||
4 | (b) A distributor or an importing distributor may refuse to | ||||||
5 | sell
beer, brew, or similar beverages containing 0.5% or less | ||||||
6 | of alcohol by
volume to a non-licensee.
| ||||||
7 | (Source: P.A. 86-1469.)
| ||||||
8 | (235 ILCS 5/6-17.1)
| ||||||
9 | Sec. 6-17.1. Distributors; sales to retailers. The General | ||||||
10 | Assembly
hereby finds and declares that for the purposes of | ||||||
11 | ensuring that all retail
licensees have the opportunity to | ||||||
12 | receive alcoholic liquor, reducing the amount of spoiled
and | ||||||
13 | overaged alcoholic liquor sold to customers, and maintaining | ||||||
14 | the distribution
system and the State's ability to regulate | ||||||
15 | against illegal importation of alcoholic liquor,
it is | ||||||
16 | necessary to prevent discrimination among retail licensees as | ||||||
17 | provided in
this Section.
| ||||||
18 | A distributor or importing distributor designated as a | ||||||
19 | distributor or
importing distributor for alcoholic liquor | ||||||
20 | within a designated geographic area or areas
under Section 6-9 | ||||||
21 | of this Act shall use its best efforts to make
available for | ||||||
22 | sale to retail licensees, in its designated geographic area or
| ||||||
23 | areas, each brand of alcoholic liquor which the distributor or | ||||||
24 | the importing distributor
has been authorized to distribute.
| ||||||
25 | Nothing in this Section prohibits a distributor or importing |
| |||||||
| |||||||
1 | distributor from
establishing purchase requirements unless the | ||||||
2 | requirements have the effect of
excluding a majority of the | ||||||
3 | retail licensees in the designated geographic area
or areas | ||||||
4 | from purchasing the alcoholic liquor.
| ||||||
5 | (Source: P.A. 91-186, eff. 1-1-00.)
| ||||||
6 | (235 ILCS 5/6-22) (from Ch. 43, par. 137)
| ||||||
7 | Sec. 6-22.
No person except a manufacturer or distributor , | ||||||
8 | or importing
distributor, shall fill or refill, in whole or in | ||||||
9 | part, any original
package of alcoholic liquor with the same or | ||||||
10 | any other kind or quality of
alcoholic liquor, and it shall be | ||||||
11 | unlawful for any person to have in his
possession for sale at | ||||||
12 | retail any bottles, casks or other containers
containing | ||||||
13 | alcoholic liquor, except in original packages.
| ||||||
14 | (Source: P.A. 82-783.)
| ||||||
15 | (235 ILCS 5/6-23) (from Ch. 43, par. 138)
| ||||||
16 | Sec. 6-23.
No manufacturer or distributor or importing | ||||||
17 | distributor or foreign
importer shall enter into any contract | ||||||
18 | with any person licensed to sell at
retail whereby such | ||||||
19 | licensee agrees not to sell any alcoholic liquors
manufactured | ||||||
20 | or distributed by any other manufacturer or distributor or
| ||||||
21 | importing distributor or foreign importer, and any provision in | ||||||
22 | any
contract violative of this Section shall render the whole | ||||||
23 | of such contract
void and no action shall be brought thereon in | ||||||
24 | any court.
However, nothing in this Section shall prohibit the |
| |||||||
| |||||||
1 | Department of
Agriculture from entering into contracts for | ||||||
2 | exclusive facilities upon the
State Fair Grounds on an equal | ||||||
3 | basis.
| ||||||
4 | (Source: P.A. 85-142.)
| ||||||
5 | (235 ILCS 5/6-27.1) | ||||||
6 | Sec. 6-27.1. Responsible alcohol service server training. | ||||||
7 | (a) Unless issued a valid server training certificate | ||||||
8 | between July 1, 2012 and July 1, 2015 by a certified Beverage | ||||||
9 | Alcohol Sellers and Servers Education and Training (BASSET) | ||||||
10 | trainer, all alcohol servers in Cook County are required to | ||||||
11 | obtain and complete training in basic responsible alcohol | ||||||
12 | service as outlined in 77 Ill. Adm. Code 3500, as those | ||||||
13 | provisions exist on July 1, 2015 (the effective date of Public | ||||||
14 | Act 98-939), by July 1, 2015 or within 120 days after the | ||||||
15 | alcohol server begins his or her employment, whichever is | ||||||
16 | later. All alcohol servers in a county, other than Cook County, | ||||||
17 | with a population of 200,000 inhabitants or more are required | ||||||
18 | to obtain and complete training in basic responsible alcohol | ||||||
19 | service as outlined in 77 Ill. Adm. Code 3500, as those | ||||||
20 | provisions exist on July 1, 2015 (the effective date of Public | ||||||
21 | Act 98-939), by July 1, 2016 or within 120 days after the | ||||||
22 | alcohol server begins his or her employment, whichever is | ||||||
23 | later. All alcohol servers in a county with a population of | ||||||
24 | more than 30,000 inhabitants and less than 200,000 inhabitants | ||||||
25 | are required to obtain and complete training in basic |
| |||||||
| |||||||
1 | responsible alcohol service as outlined in 77 Ill. Adm. Code | ||||||
2 | 3500, as those provisions exist on July 1, 2015 (the effective | ||||||
3 | date of Public Act 98-939), by July 1, 2017 or within 120 days | ||||||
4 | after the alcohol server begins his or her employment, | ||||||
5 | whichever is later. All alcohol servers in counties with a | ||||||
6 | population of 30,000 inhabitants or less are required to obtain | ||||||
7 | and complete training in basic responsible alcohol service as | ||||||
8 | outlined in 77 Ill. Adm. Code 3500, as those provisions exist | ||||||
9 | on July 1, 2015 (the effective date of Public Act 98-939), by | ||||||
10 | July 1, 2018 or within 120 days after the alcohol server begins | ||||||
11 | his or her employment, whichever is later. | ||||||
12 | There is no limit to the amount of times a server may take | ||||||
13 | the training. A certificate of training belongs to the server, | ||||||
14 | and a server may transfer a certificate of training to a | ||||||
15 | different employer, but shall not transfer a certificate of | ||||||
16 | training to another server. Proof that an alcohol server has | ||||||
17 | been trained must be available upon reasonable request by State | ||||||
18 | law enforcement officials. For the purpose of this Section, | ||||||
19 | "alcohol servers" means persons who sell or serve open | ||||||
20 | containers of alcoholic beverages at retail and anyone whose | ||||||
21 | job description entails the checking of identification for the | ||||||
22 | purchase of open containers of alcoholic beverages at retail or | ||||||
23 | for entry into the licensed premises. The definition does not | ||||||
24 | include (i) a distributor or importing distributor conducting | ||||||
25 | product sampling as authorized in Section 6-31 of this Act or a | ||||||
26 | registered tasting representative, as provided in 11 Ill. Adm. |
| |||||||
| |||||||
1 | Code 100.40, conducting a tasting, as defined in 11 Ill. Adm. | ||||||
2 | Code 100.10; (ii) a volunteer serving alcoholic beverages at a | ||||||
3 | charitable function; or (iii) an instructor engaged in training | ||||||
4 | or educating on the proper technique for using a system that | ||||||
5 | dispenses alcoholic beverages. | ||||||
6 | (b) Responsible alcohol service training must cover and | ||||||
7 | assess knowledge of the topics noted in 77 Ill. Adm. Code | ||||||
8 | 3500.155. | ||||||
9 | (c) Beginning on the effective date of this amendatory Act | ||||||
10 | of the 98th General Assembly, but no later than October 1, | ||||||
11 | 2015, all existing BASSET trainers who are already BASSET | ||||||
12 | certified as of the effective date of this amendatory Act of | ||||||
13 | the 98th General Assembly shall be recertified by the State | ||||||
14 | Commission and be required to comply with the conditions for | ||||||
15 | server training set forth in this amendatory Act of the 98th | ||||||
16 | General Assembly. | ||||||
17 | (d) Training modules and certificate program plans must be | ||||||
18 | approved by the State Commission. All documents, materials, or | ||||||
19 | information related to responsible alcohol service training | ||||||
20 | program approval that are submitted to the State Commission are | ||||||
21 | confidential and shall not be open to public inspection or | ||||||
22 | dissemination and are exempt from disclosure. | ||||||
23 | The State Commission shall only approve programs that meet | ||||||
24 | the following criteria: | ||||||
25 | (1) the training course covers the content specified in | ||||||
26 | 77 Ill. Adm. Code 3500.155; |
| |||||||
| |||||||
1 | (2) if the training course is classroom-based, the | ||||||
2 | classroom training is at least 4 hours, is available in | ||||||
3 | English and Spanish, and includes a test; | ||||||
4 | (3) if the training course is online or computer-based, | ||||||
5 | the course is designed in a way that ensures that no | ||||||
6 | content can be skipped, is interactive, has audio for | ||||||
7 | content for servers that have a disability, and includes a | ||||||
8 | test; | ||||||
9 | (4) training and testing is based on a job task | ||||||
10 | analysis that clearly identifies and focuses on the | ||||||
11 | knowledge, skills, and abilities needed to responsibly | ||||||
12 | serve alcoholic beverages and is developed using best | ||||||
13 | practices in instructional design and exam development to | ||||||
14 | ensure that the program is fair and legally defensible; | ||||||
15 | (5) training and testing is conducted by any means | ||||||
16 | available, including, but not limited to, online, | ||||||
17 | computer, classroom, or live trainers; and | ||||||
18 | (6) the program must provide access on a | ||||||
19 | 24-hour-per-day, 7-days-per-week basis for certificate | ||||||
20 | verification for State Commission, State law enforcement | ||||||
21 | officials, and employers to be able to verify certificate | ||||||
22 | authenticity. | ||||||
23 | (e) Nothing in subsection (d) of this Section shall be | ||||||
24 | construed to require a program to use a test administrator or | ||||||
25 | proctor. | ||||||
26 | (f) A certificate issued from a BASSET-licensed training |
| |||||||
| |||||||
1 | program shall be accepted as meeting the training requirements | ||||||
2 | for all server license and permit laws and ordinances in the | ||||||
3 | State. | ||||||
4 | (g) A responsible alcohol service training certificate | ||||||
5 | from a BASSET-licensed program shall be valid for 3 years. | ||||||
6 | (h) The provisions of this Section shall apply beginning | ||||||
7 | July 1, 2015. From July 1, 2015 through December 31, 2015, | ||||||
8 | enforcement of the provisions of this Section shall be limited | ||||||
9 | to education and notification of the requirements to encourage | ||||||
10 | compliance. | ||||||
11 | (i) The provisions of this Section do not apply to a | ||||||
12 | special event retailer.
| ||||||
13 | (Source: P.A. 98-939, eff. 7-1-15; 99-46, eff. 7-15-15.)
| ||||||
14 | (235 ILCS 5/6-29) (from Ch. 43, par. 144e)
| ||||||
15 | Sec. 6-29. Winery shipper's license.
| ||||||
16 | (a) The General Assembly declares that the following is the
| ||||||
17 | intent of this Section: | ||||||
18 | (1) To authorize direct shipment of wine by an
| ||||||
19 | out-of-state maker of wine on the same basis permitted an
| ||||||
20 | in-state maker of wine pursuant to the authority of the | ||||||
21 | State
under the provisions of Section 2 of the Twenty-First
| ||||||
22 | Amendment to the United States Constitution and in
| ||||||
23 | conformance with the United States Supreme Court decision
| ||||||
24 | decided on May 16, 2005 in Granholm v. Heald. | ||||||
25 | (2) To reaffirm that the General Assembly's findings
|
| |||||||
| |||||||
1 | and declarations that selling alcoholic liquor through
| ||||||
2 | various direct marketing means such as catalogs,
| ||||||
3 | newspapers, mailings, and the Internet directly to
| ||||||
4 | consumers of this State poses a serious threat to the
| ||||||
5 | State's efforts to further temperance and prevent youth
| ||||||
6 | from accessing alcoholic liquor and the expansion of youth
| ||||||
7 | access to additional types of alcoholic liquors. | ||||||
8 | (3) To maintain the State's broad powers granted by
| ||||||
9 | Section 2 of the Twenty-First Amendment to the United
| ||||||
10 | States Constitution to control the importation or sale of
| ||||||
11 | alcoholic liquor and its right to structure its alcoholic
| ||||||
12 | liquor distribution system. | ||||||
13 | (4) To ensure that the General Assembly, by authorizing
| ||||||
14 | limited direct shipment of wine to meet the directives of
| ||||||
15 | the United States Supreme Court, does not intend to impair
| ||||||
16 | or modify the State's distribution of wine through
| ||||||
17 | distributors or importing distributors , but only to permit
| ||||||
18 | limited shipment of wine for personal use. | ||||||
19 | (5) To provide that, in the event that a court of
| ||||||
20 | competent jurisdiction declares or finds that this
| ||||||
21 | Section, which is enacted to conform Illinois law to the
| ||||||
22 | United States Supreme Court decision, is invalid or
| ||||||
23 | unconstitutional, the Illinois General Assembly at its
| ||||||
24 | earliest general session shall conduct hearings and study
| ||||||
25 | methods to conform to any directive or order of the court | ||||||
26 | consistent with the temperance and
revenue collection |
| |||||||
| |||||||
1 | purposes of this Act. | ||||||
2 | (b) Notwithstanding any other provision of law, a
wine | ||||||
3 | shipper licensee may ship, for personal use and not for
resale, | ||||||
4 | not more than 12 cases of wine per year to any resident
of this | ||||||
5 | State who is 21 years of age or older. | ||||||
6 | (b-3) Notwithstanding any other provision of law, sale and
| ||||||
7 | shipment by a winery shipper licensee pursuant to this
Section | ||||||
8 | shall be deemed to constitute a sale in this State. | ||||||
9 | (b-5) The shipping container of any wine shipped under this
| ||||||
10 | Section shall be clearly labeled with the following words:
| ||||||
11 | "CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF AGE OR
| ||||||
12 | OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY MUST BE
| ||||||
13 | SHOWN BEFORE DELIVERY.". This warning must be prominently
| ||||||
14 | displayed on the packaging. A licensee shall require the
| ||||||
15 | transporter or common carrier that delivers the wine to obtain
| ||||||
16 | the signature of a person 21 years of age or older at the
| ||||||
17 | delivery address at the time of delivery. At the expense of the
| ||||||
18 | licensee, the licensee shall receive a delivery confirmation
| ||||||
19 | from the express company, common carrier, or contract carrier
| ||||||
20 | indicating the location of the delivery, time of delivery, and
| ||||||
21 | the name and signature of the individual 21 years of age or
| ||||||
22 | older who accepts delivery. The Commission shall design
and | ||||||
23 | create a label or approve a label that must be affixed to
the | ||||||
24 | shipping container by the licensee.
| ||||||
25 | (c) No broker within this State shall solicit consumers to | ||||||
26 | engage in
direct wine shipments under this Section.
|
| |||||||
| |||||||
1 | (d) It is not the intent of this Section to impair the | ||||||
2 | distribution of
wine through distributors or importing | ||||||
3 | distributors , but only to permit
shipments of wine for personal | ||||||
4 | use.
| ||||||
5 | (Source: P.A. 95-634, eff. 6-1-08 .)
| ||||||
6 | (235 ILCS 5/6-29.1)
| ||||||
7 | Sec. 6-29.1. Direct shipments of alcoholic liquor. | ||||||
8 | (a) The General Assembly makes the following findings: | ||||||
9 | (1) The General Assembly of Illinois, having reviewed
| ||||||
10 | this Act in light of the United
States Supreme Court's 2005 | ||||||
11 | decision in Granholm v. Heald,
has determined to conform | ||||||
12 | that law to the constitutional
principles enunciated by the | ||||||
13 | Court in a manner that best
preserves the temperance, | ||||||
14 | revenue, and orderly
distribution values of this Act. | ||||||
15 | (2) Minimizing automobile accidents and fatalities,
| ||||||
16 | domestic violence, health problems, loss of productivity,
| ||||||
17 | unemployment, and other social problems associated with
| ||||||
18 | dependency and improvident use of alcoholic beverages
| ||||||
19 | remains the policy of Illinois. | ||||||
20 | (3) To the maximum extent constitutionally feasible,
| ||||||
21 | Illinois desires to collect sufficient revenue from excise
| ||||||
22 | and use taxes on alcoholic beverages for the purpose of
| ||||||
23 | responding to such social problems. | ||||||
24 | (4) Combined with family education and individual
| ||||||
25 | discipline, retail validation of age, and assessment of the
|
| |||||||
| |||||||
1 | capacity of the consumer remains the best pre-sale social
| ||||||
2 | protection against the problems associated with the abuse
| ||||||
3 | of alcoholic liquor. | ||||||
4 | (5) Therefore, the paramount purpose of this | ||||||
5 | amendatory Act is to
continue to carefully limit direct | ||||||
6 | shipment sales of wine produced by makers of wine
and to | ||||||
7 | continue to prohibit such direct shipment sales for
spirits | ||||||
8 | and beer. | ||||||
9 | For these reasons, the Commission shall establish
a system | ||||||
10 | to notify the out-of-state trade of this prohibition
and to | ||||||
11 | detect violations. The Commission shall request
the Attorney | ||||||
12 | General to extradite any offender.
| ||||||
13 | (b) Pursuant to the
Twenty-First Amendment of the United | ||||||
14 | States Constitution allowing states to
regulate the | ||||||
15 | distribution and sale of alcoholic liquor and pursuant to the
| ||||||
16 | federal Webb-Kenyon Act declaring that alcoholic liquor | ||||||
17 | shipped in interstate
commerce must comply with state laws, the | ||||||
18 | General Assembly hereby finds and
declares that selling | ||||||
19 | alcoholic liquor from a point outside this State
through | ||||||
20 | various direct marketing means, such as catalogs,
newspapers, | ||||||
21 | mailers, and the Internet,
directly to residents of this State | ||||||
22 | poses a serious threat
to the State's efforts to prevent youths | ||||||
23 | from accessing alcoholic liquor;
to State revenue collections; | ||||||
24 | and to the economy of this State.
| ||||||
25 | Any person manufacturing, distributing, or selling
| ||||||
26 | alcoholic liquor who knowingly ships or transports or causes |
| |||||||
| |||||||
1 | the shipping or
transportation of any alcoholic liquor from a | ||||||
2 | point outside this State to a
person in this State who does not | ||||||
3 | hold a manufacturer's, distributor's,
importing distributor's, | ||||||
4 | or non-resident dealer's license issued by the Liquor
Control | ||||||
5 | Commission, other than a shipment of sacramental wine to a bona | ||||||
6 | fide
religious organization, a shipment authorized by Section | ||||||
7 | 6-29, subparagraph (17) of Section 3-12, or any other
shipment | ||||||
8 | authorized by this Act, is in violation of this Act.
| ||||||
9 | The Commission, upon determining, after investigation, | ||||||
10 | that a person
has violated this Section, shall give notice to | ||||||
11 | the person by certified mail to
cease and desist all shipments | ||||||
12 | of
alcoholic liquor into this State and to withdraw from this | ||||||
13 | State within 5
working days after receipt of the notice all | ||||||
14 | shipments of alcoholic liquor then
in transit.
| ||||||
15 | Whenever the Commission has reason to believe that a person
| ||||||
16 | has failed to comply with the Commission notice under this | ||||||
17 | Section, it shall
notify the Department of Revenue and file a | ||||||
18 | complaint with the State's Attorney
of the county where the | ||||||
19 | alcoholic liquor was delivered or with appropriate
law | ||||||
20 | enforcement officials.
| ||||||
21 | Failure to comply with the notice issued by the Commission | ||||||
22 | under this Section
constitutes a
business offense for which the | ||||||
23 | person shall be fined not more than $1,000 for
a first offense, | ||||||
24 | not more than $5,000 for a second offense, and not more than
| ||||||
25 | $10,000 for a third or
subsequent offense. Each shipment of | ||||||
26 | alcoholic liquor delivered in
violation of the cease and desist |
| |||||||
| |||||||
1 | notice shall constitute a separate offense.
| ||||||
2 | (Source: P.A. 95-634, eff. 6-1-08 .)
| ||||||
3 | (235 ILCS 5/6-31)
| ||||||
4 | Sec. 6-31. Product sampling.
| ||||||
5 | (a) Retailer, distributor, importing distributor, | ||||||
6 | manufacturer , and
nonresident dealer licensees may conduct | ||||||
7 | product sampling for consumption at a
licensed retail location. | ||||||
8 | Up to 3 samples, consisting of no more than (i) 1/4
ounce of | ||||||
9 | distilled spirits, (ii) one ounce of wine, or (iii) 2 ounces of | ||||||
10 | beer
may be served to a consumer in one day.
| ||||||
11 | (b) Notwithstanding the provisions of subsection (a), an | ||||||
12 | on-premises retail
licensee may offer for sale and serve more | ||||||
13 | than one drink per person for
sampling purposes.
In any event, | ||||||
14 | all
provisions of Section 6-28
shall apply to an on-premises
| ||||||
15 | retail licensee that conducts product sampling.
| ||||||
16 | (Source: P.A. 99-46, eff. 7-15-15.)
| ||||||
17 | (235 ILCS 5/7-1) (from Ch. 43, par. 145)
| ||||||
18 | Sec. 7-1.
An applicant for a retail license from the State | ||||||
19 | Commission
shall submit to the State Commission an application | ||||||
20 | in writing under oath
stating:
| ||||||
21 | (1) The applicant's name and mailing address;
| ||||||
22 | (2) The name and address of the applicant's business;
| ||||||
23 | (3) If applicable, the date of the filing of the | ||||||
24 | "assumed name" of
the business with the County Clerk;
|
| |||||||
| |||||||
1 | (4) In case of a copartnership, the date of the | ||||||
2 | formation of the
partnership; in the case of an Illinois | ||||||
3 | corporation, the date of its
incorporation; or in the case | ||||||
4 | of a foreign corporation, the State where
it was | ||||||
5 | incorporated and the date of its becoming qualified under | ||||||
6 | the Business
Corporation Act of 1983 to transact business | ||||||
7 | in the State of Illinois;
| ||||||
8 | (5) The number, the date of issuance and the date of | ||||||
9 | expiration of
the applicant's current local retail liquor | ||||||
10 | license;
| ||||||
11 | (6) The name of the city, village, or county that | ||||||
12 | issued the local
retail liquor license;
| ||||||
13 | (7) The name and address of the landlord if the | ||||||
14 | premises are leased;
| ||||||
15 | (8) The date of the applicant's first request for a | ||||||
16 | State liquor
license and whether it was granted, denied or | ||||||
17 | withdrawn;
| ||||||
18 | (9) The address of the applicant when the first | ||||||
19 | application for a
State liquor license was made;
| ||||||
20 | (10) The applicant's current State liquor license | ||||||
21 | number;
| ||||||
22 | (11) The date the applicant began liquor sales at his | ||||||
23 | place of business;
| ||||||
24 | (12) The address of the applicant's warehouse if he | ||||||
25 | warehouses liquor;
| ||||||
26 | (13) The applicant's Retailers' Occupation Tax (ROT) |
| |||||||
| |||||||
1 | Registration Number;
| ||||||
2 | (14) The applicant's document locator number on his | ||||||
3 | Federal Special
Tax Stamp;
| ||||||
4 | (15) Whether the applicant is delinquent in the payment | ||||||
5 | of the
Retailers' Occupation Tax (Sales Tax), and if so, | ||||||
6 | the reasons therefor;
| ||||||
7 | (16) Whether the applicant is delinquent under the cash | ||||||
8 | beer law,
and if so, the reasons therefor;
| ||||||
9 | (17) In the case of a retailer, whether he is | ||||||
10 | delinquent under the
30-day credit law, and if so, the | ||||||
11 | reasons therefor;
| ||||||
12 | (18) In the case of a distributor, whether he is | ||||||
13 | delinquent under
the 15-day credit law, and if so, the | ||||||
14 | reasons therefor;
| ||||||
15 | (19) Whether the applicant has made an application for | ||||||
16 | a liquor
license which has been denied, and if so, the | ||||||
17 | reasons therefor;
| ||||||
18 | (20) Whether the applicant has ever had any previous | ||||||
19 | liquor license
suspended or revoked, and if so, the reasons | ||||||
20 | therefor;
| ||||||
21 | (21) Whether the applicant has ever been convicted of a | ||||||
22 | gambling
offense or felony, and if so, the particulars | ||||||
23 | thereof;
| ||||||
24 | (22) Whether the applicant possesses a current Federal | ||||||
25 | Wagering Stamp,
and if so, the reasons therefor;
| ||||||
26 | (23) Whether the applicant, or any other person, |
| |||||||
| |||||||
1 | directly in his place
of business is a public official, and | ||||||
2 | if so, the particulars thereof;
| ||||||
3 | (24) The applicant's name, sex, date of birth, social | ||||||
4 | security
number, position and percentage of ownership in | ||||||
5 | the business; and the
name, sex, date of birth, social | ||||||
6 | security number, position and
percentage of ownership in | ||||||
7 | the business of every sole owner, partner,
corporate | ||||||
8 | officer, director, manager and any person who owns 5% or | ||||||
9 | more
of the shares of the applicant business entity or | ||||||
10 | parent corporations of
the applicant business entity; and
| ||||||
11 | (25) That he has not received or borrowed money or | ||||||
12 | anything else of
value, and that he will not receive or | ||||||
13 | borrow money or anything else of
value (other than | ||||||
14 | merchandising credit in the ordinary course of
business for | ||||||
15 | a period not to exceed 90 days as herein expressly
| ||||||
16 | permitted under Section 6-5 hereof), directly or
| ||||||
17 | indirectly, from any manufacturer , importing distributor | ||||||
18 | or
distributor or from any representative of any such | ||||||
19 | manufacturer ,
importing distributor or distributor, nor be | ||||||
20 | a party in
any way, directly or indirectly, to any | ||||||
21 | violation by a manufacturer or ,
distributor or importing | ||||||
22 | distributor of Section 6-6 of this Act.
| ||||||
23 | In addition to any other requirement of this Section, an | ||||||
24 | applicant for
a special use permit license and a special event | ||||||
25 | retailer's license shall
also submit (A) proof satisfactory to | ||||||
26 | the Commission that the applicant
has a resale number issued |
| |||||||
| |||||||
1 | under Section 2c of the Retailers' Occupation Tax
Act or that | ||||||
2 | the applicant is registered under Section 2a of the Retailers'
| ||||||
3 | Occupation Tax Act, (B) proof satisfactory to the Commission | ||||||
4 | that the
applicant has a current, valid exemption | ||||||
5 | identification number issued under
Section 1g of the Retailers' | ||||||
6 | Occupation Tax Act and a certification to the
Commission that | ||||||
7 | the purchase of alcoholic liquors will be a tax-exempt
| ||||||
8 | purchase, or (C) a statement that the applicant is not | ||||||
9 | registered under
Section 2a of the Retailers' Occupation Tax | ||||||
10 | Act, does not hold a resale
number under Section 2c of the | ||||||
11 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
12 | number under Section 1g of the Retailers' Occupation
Tax Act.
| ||||||
13 | The applicant shall also submit proof of adequate dram shop
| ||||||
14 | insurance for the special event prior to being issued a | ||||||
15 | license.
| ||||||
16 | In addition to the foregoing information, such application | ||||||
17 | shall
contain such other and further information as the State | ||||||
18 | Commission and
the local commission may, by rule or regulation | ||||||
19 | not inconsistent with
law, prescribe.
| ||||||
20 | If the applicant reports a felony conviction as required | ||||||
21 | under
paragraph (21) of this Section, such conviction may be | ||||||
22 | considered by the
Commission in determining qualifications for | ||||||
23 | licensing, but shall not
operate as a bar to licensing.
| ||||||
24 | If said application is made in behalf of a partnership, | ||||||
25 | firm,
association, club or corporation, then the same shall be | ||||||
26 | signed by one
member of such partnership or the president or
|
| |||||||
| |||||||
1 | secretary of
such corporation or an authorized agent of said
| ||||||
2 | partnership or corporation.
| ||||||
3 | All other applications shall be on forms prescribed by
the | ||||||
4 | State Commission, and which may exclude any of the above | ||||||
5 | requirements which
the State Commission rules to be | ||||||
6 | inapplicable.
| ||||||
7 | (Source: P.A. 98-756, eff. 7-16-14.)
| ||||||
8 | (235 ILCS 5/7-6) (from Ch. 43, par. 150)
| ||||||
9 | Sec. 7-6. All proceedings for the revocation or suspension | ||||||
10 | of licenses
of manufacturers, distributors, importing | ||||||
11 | distributors, non-resident dealers,
foreign
importers, | ||||||
12 | non-beverage users, railroads, airplanes and boats shall be
| ||||||
13 | before the State Commission. All such proceedings and all | ||||||
14 | proceedings
for the revocation or suspension of a retailer's | ||||||
15 | license before the
State commission shall be in accordance with | ||||||
16 | rules and regulations
established by it not inconsistent with | ||||||
17 | law. However, no such license
shall be so revoked or suspended | ||||||
18 | except after a hearing by the State
commission with reasonable | ||||||
19 | notice to the licensee served by registered
or certified mail | ||||||
20 | with return receipt requested at least 10 days
prior to
the | ||||||
21 | hearings at the last known place of business of the licensee | ||||||
22 | and
after an opportunity to appear and defend. Such notice | ||||||
23 | shall
specify the
time and place of the hearing, the nature of | ||||||
24 | the charges, the
specific provisions of the Act and rules | ||||||
25 | violated, and the specific facts
supporting the charges or |
| |||||||
| |||||||
1 | violation. The
findings of the Commission shall be predicated | ||||||
2 | upon competent evidence.
The revocation of a local license | ||||||
3 | shall automatically result in the
revocation of a State | ||||||
4 | license.
Upon notification by the Illinois Department of | ||||||
5 | Revenue, the State
Commission, in accordance with Section 3-12, | ||||||
6 | may refuse the issuance or renewal of a license, fine a | ||||||
7 | licensee, or suspend or revoke any license issued by the State | ||||||
8 | Commission if the licensee or license applicant has
violated | ||||||
9 | the
provisions of Section 3 of the Retailers' Occupation Tax | ||||||
10 | Act.
All procedures for the suspension or revocation
of a | ||||||
11 | license, as enumerated above, are applicable to the levying of | ||||||
12 | fines
for violations of this Act or any rule or regulation | ||||||
13 | issued pursuant thereto.
| ||||||
14 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
15 | (235 ILCS 5/8-1)
| ||||||
16 | Sec. 8-1.
A tax is imposed upon the privilege of engaging | ||||||
17 | in business as a
manufacturer or as an importing distributor of | ||||||
18 | alcoholic liquor other than beer
at the rate of $0.185 per | ||||||
19 | gallon until September 1, 2009 and $0.231 per gallon beginning | ||||||
20 | September 1, 2009 for cider containing not less than
0.5% | ||||||
21 | alcohol by volume nor more than 7% alcohol by volume, $0.73
per | ||||||
22 | gallon until September 1, 2009 and $1.39 per gallon beginning | ||||||
23 | September 1, 2009 for wine other than
cider containing less | ||||||
24 | than 7% alcohol by volume, and $4.50
per gallon until September | ||||||
25 | 1, 2009 and $8.55 per gallon beginning September 1, 2009 on |
| |||||||
| |||||||
1 | alcohol and spirits manufactured and sold or used by such
| ||||||
2 | manufacturer, or as agent for any other person , or sold or used | ||||||
3 | by such
importing distributor, or as agent for any other | ||||||
4 | person . A tax is imposed
upon the privilege of engaging in | ||||||
5 | business as a manufacturer of beer or as an
importing | ||||||
6 | distributor of beer at the rate of $0.185 per gallon until | ||||||
7 | September 1, 2009 and $0.231 per gallon beginning September 1, | ||||||
8 | 2009 on
all beer manufactured and sold or used by such | ||||||
9 | manufacturer, or as agent for
any other person , or sold or used | ||||||
10 | by such importing distributor, or as agent
for any other | ||||||
11 | person . Any brewer manufacturing beer in this State shall be
| ||||||
12 | entitled to and given a credit or refund of 75% of the tax | ||||||
13 | imposed on each
gallon of beer up to 4.9 million gallons per | ||||||
14 | year in any given calendar year
for tax paid or payable on beer | ||||||
15 | produced and sold in the State of Illinois.
| ||||||
16 | For the purpose of this Section, "cider" means any | ||||||
17 | alcoholic beverage
obtained by the alcohol fermentation of the | ||||||
18 | juice of apples or pears
including, but not limited to, | ||||||
19 | flavored, sparkling, or carbonated cider.
| ||||||
20 | The credit or refund created by this Act shall apply to all | ||||||
21 | beer taxes
in the calendar years 1982 through 1986.
| ||||||
22 | The increases made by this amendatory Act of the 91st | ||||||
23 | General Assembly in
the rates of taxes imposed under this | ||||||
24 | Section shall apply beginning on July
1, 1999.
| ||||||
25 | A tax at the rate of 1¢ per gallon on beer and 48¢ per | ||||||
26 | gallon on
alcohol and spirits is also imposed upon the |
| |||||||
| |||||||
1 | privilege of engaging in
business as a retailer or as a | ||||||
2 | distributor who is not also an importing
distributor with | ||||||
3 | respect to all beer and all alcohol and spirits owned
or | ||||||
4 | possessed by such retailer or distributor when this amendatory | ||||||
5 | Act of
1969 becomes effective, and with respect to which the | ||||||
6 | additional tax
imposed by this amendatory Act upon | ||||||
7 | manufacturers and importing
distributors does not apply. | ||||||
8 | Retailers and distributors who are subject
to the additional | ||||||
9 | tax imposed by this paragraph of this Section shall be
required | ||||||
10 | to inventory such alcoholic liquor and to pay this additional
| ||||||
11 | tax in a manner prescribed by the Department.
| ||||||
12 | The provisions of this Section shall be construed to apply | ||||||
13 | to any
importing distributor engaging in business in this | ||||||
14 | State, whether
licensed or not.
| ||||||
15 | However, such tax is not imposed upon any such business as | ||||||
16 | to any
alcoholic liquor shipped outside Illinois by an Illinois | ||||||
17 | licensed
manufacturer or importing distributor, nor as to any | ||||||
18 | alcoholic liquor
delivered in Illinois by an Illinois licensed | ||||||
19 | manufacturer or importing
distributor to a purchaser for | ||||||
20 | immediate transportation by the purchaser
to another state into | ||||||
21 | which the purchaser has a legal right, under the
laws of such | ||||||
22 | state, to import such alcoholic liquor, nor as to any
alcoholic | ||||||
23 | liquor other than beer sold by one Illinois licensed
| ||||||
24 | manufacturer or importing distributor to another Illinois | ||||||
25 | licensed
manufacturer or importing distributor to the extent to | ||||||
26 | which the sale of
alcoholic liquor other than beer by one |
| |||||||
| |||||||
1 | Illinois licensed manufacturer
or importing distributor to | ||||||
2 | another Illinois licensed manufacturer or
importing | ||||||
3 | distributor is authorized by the licensing provisions of this
| ||||||
4 | Act, nor to alcoholic liquor whether manufactured in or | ||||||
5 | imported into
this State when sold to a "non-beverage user" | ||||||
6 | licensed by the State for
use in the manufacture of any of the | ||||||
7 | following when they are unfit for
beverage purposes:
| ||||||
8 | Patent and proprietary medicines and medicinal, | ||||||
9 | antiseptic, culinary
and toilet preparations;
| ||||||
10 | Flavoring extracts and syrups and food products;
| ||||||
11 | Scientific, industrial and chemical products, excepting | ||||||
12 | denatured
alcohol;
| ||||||
13 | Or for scientific, chemical, experimental or mechanical | ||||||
14 | purposes;
| ||||||
15 | Nor is the tax imposed upon the privilege of engaging in | ||||||
16 | any business
in interstate commerce or otherwise, which | ||||||
17 | business may not, under the
Constitution and Statutes of the | ||||||
18 | United States, be made the subject of
taxation by this State.
| ||||||
19 | The tax herein imposed shall be in addition to all other | ||||||
20 | occupation
or privilege taxes imposed by the State of Illinois | ||||||
21 | or political
subdivision thereof.
| ||||||
22 | If any alcoholic liquor manufactured in or imported into | ||||||
23 | this State
is sold to a licensed manufacturer or importing | ||||||
24 | distributor by a
licensed manufacturer or importing | ||||||
25 | distributor to be used solely as an
ingredient in the | ||||||
26 | manufacture of any beverage for human consumption, the
tax |
| |||||||
| |||||||
1 | imposed upon such purchasing manufacturer or importing | ||||||
2 | distributor
shall be reduced by the amount of the taxes which | ||||||
3 | have been paid by the
selling manufacturer or importing | ||||||
4 | distributor under this Act as to such
alcoholic liquor so used | ||||||
5 | to the Department of Revenue.
| ||||||
6 | If any person received any alcoholic liquors from a | ||||||
7 | manufacturer or
importing distributor, with respect to which | ||||||
8 | alcoholic liquors no tax is
imposed under this Article, and | ||||||
9 | such alcoholic liquor shall thereafter
be disposed of in such | ||||||
10 | manner or under such circumstances as may cause
the same to | ||||||
11 | become the base for the tax imposed by this Article, such
| ||||||
12 | person shall make the same reports and returns, pay the same | ||||||
13 | taxes and
be subject to all other provisions of this Article | ||||||
14 | relating to
manufacturers and importing distributors.
| ||||||
15 | Nothing in this Article shall be construed to require the | ||||||
16 | payment to
the Department of the taxes imposed by this Article | ||||||
17 | more than once with
respect to any quantity of alcoholic liquor | ||||||
18 | sold or used within this
State.
| ||||||
19 | No tax is imposed by this Act on sales of alcoholic liquor | ||||||
20 | by
Illinois licensed foreign importers to Illinois licensed | ||||||
21 | importing
distributors.
| ||||||
22 | All of the proceeds of the additional tax imposed by Public | ||||||
23 | Act 96-34 shall be deposited by the Department into the Capital | ||||||
24 | Projects Fund. The remainder of the tax imposed by this Act | ||||||
25 | shall be deposited by the Department into the General Revenue | ||||||
26 | Fund. |
| |||||||
| |||||||
1 | The provisions of this Section 8-1 are severable under | ||||||
2 | Section 1.31 of the Statute on Statutes.
| ||||||
3 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | ||||||
4 | eff. 7-13-09; 96-1000, eff. 7-2-10.)
| ||||||
5 | (235 ILCS 5/8-2) (from Ch. 43, par. 159)
| ||||||
6 | Sec. 8-2. It is the duty of each manufacturer with respect | ||||||
7 | to alcoholic
liquor produced or imported by such manufacturer, | ||||||
8 | or purchased tax-free by
such manufacturer from another | ||||||
9 | manufacturer or importing
distributor, and of each importing | ||||||
10 | distributor as to alcoholic liquor
purchased by such importing | ||||||
11 | distributor from foreign importers or from
anyone from any | ||||||
12 | point in the United States outside of this State or
purchased | ||||||
13 | tax-free from another manufacturer or importing
distributor, | ||||||
14 | to pay the tax imposed by Section 8-1 to the
Department of | ||||||
15 | Revenue on or before the 15th day of the calendar month
| ||||||
16 | following the calendar month in which such alcoholic liquor is | ||||||
17 | sold or used
by such manufacturer or by such importing | ||||||
18 | distributor other than in an
authorized tax-free manner or to | ||||||
19 | pay that tax electronically as provided in
this Section.
| ||||||
20 | Each manufacturer and each importing distributor shall
| ||||||
21 | make payment under one of the following methods: (1) on or | ||||||
22 | before the
15th day of each calendar month, file in person or | ||||||
23 | by United States
first-class
mail, postage pre-paid,
with the | ||||||
24 | Department of Revenue, on
forms prescribed and furnished by the | ||||||
25 | Department, a report in writing in
such form as may be required |
| |||||||
| |||||||
1 | by the Department in order to compute, and
assure the accuracy | ||||||
2 | of, the tax due on all taxable sales and uses of
alcoholic | ||||||
3 | liquor occurring during the preceding month. Payment of the tax
| ||||||
4 | in the amount disclosed by the report shall accompany the | ||||||
5 | report or, (2) on
or
before the 15th day of each calendar | ||||||
6 | month, electronically file with the
Department of Revenue, on | ||||||
7 | forms prescribed and furnished by the Department, an
electronic | ||||||
8 | report in such form as may be required by the Department in | ||||||
9 | order to
compute,
and assure the accuracy of, the tax due on | ||||||
10 | all taxable sales and uses of
alcoholic liquor
occurring during | ||||||
11 | the preceding month. An electronic payment of the tax in the
| ||||||
12 | amount
disclosed by the report shall accompany the report. A | ||||||
13 | manufacturer or
distributor who
files an electronic report and | ||||||
14 | electronically pays the tax imposed pursuant to
Section 8-1
to | ||||||
15 | the Department of Revenue on or before the 15th day of the | ||||||
16 | calendar month
following
the calendar month in which such | ||||||
17 | alcoholic liquor is sold or used by that
manufacturer or
| ||||||
18 | importing distributor other than in an authorized tax-free | ||||||
19 | manner shall pay to
the
Department the amount of the tax | ||||||
20 | imposed pursuant to Section 8-1, less a
discount
which is | ||||||
21 | allowed to reimburse the manufacturer or importing distributor
| ||||||
22 | for the
expenses incurred in keeping and maintaining records, | ||||||
23 | preparing and filing the
electronic
returns, remitting the tax, | ||||||
24 | and supplying data to the Department upon
request.
| ||||||
25 | The discount shall be in an amount as follows:
| ||||||
26 | (1) For original returns due on or after January 1, |
| |||||||
| |||||||
1 | 2003 through
September 30, 2003, the discount shall be | ||||||
2 | 1.75% or $1,250 per return, whichever
is less;
| ||||||
3 | (2) For original returns due on or after October 1, | ||||||
4 | 2003 through September
30, 2004, the discount shall be 2% | ||||||
5 | or $3,000 per return, whichever is less; and
| ||||||
6 | (3) For original returns due on or after October 1, | ||||||
7 | 2004, the discount
shall
be 2% or $2,000 per return, | ||||||
8 | whichever is less.
| ||||||
9 | The Department may, if it deems it necessary in order to | ||||||
10 | insure the
payment of the tax imposed by this Article, require | ||||||
11 | returns to be made
more frequently than and covering periods of | ||||||
12 | less than a month. Such return
shall contain such further | ||||||
13 | information as the Department may reasonably
require.
| ||||||
14 | It shall be presumed that all alcoholic liquors acquired or | ||||||
15 | made by any
importing distributor or manufacturer have been | ||||||
16 | sold or used by him in this
State and are the basis for the tax | ||||||
17 | imposed by this Article unless proven,
to the satisfaction of | ||||||
18 | the Department, that such alcoholic liquors are (1)
still in | ||||||
19 | the possession of such importing distributor or manufacturer, | ||||||
20 | or
(2) prior to the termination of possession have been lost by | ||||||
21 | theft or
through unintentional destruction, or (3) that such | ||||||
22 | alcoholic liquors are
otherwise exempt from taxation under this | ||||||
23 | Act.
| ||||||
24 | The Department may require any foreign importer to file | ||||||
25 | monthly
information returns, by the 15th day of the month | ||||||
26 | following the month which
any such return covers, if the |
| |||||||
| |||||||
1 | Department determines this to be necessary
to the proper | ||||||
2 | performance of the Department's functions and duties under
this | ||||||
3 | Act. Such return shall contain such information as the | ||||||
4 | Department may
reasonably require.
| ||||||
5 | Every manufacturer and importing distributor shall also | ||||||
6 | file, with the
Department, a bond in an amount not less than | ||||||
7 | $1,000 and not to exceed
$100,000 on a form to be approved by, | ||||||
8 | and with a surety or sureties
satisfactory to, the Department. | ||||||
9 | Such bond shall be conditioned upon the
manufacturer or | ||||||
10 | importing distributor paying to the Department all monies
| ||||||
11 | becoming due from such manufacturer or importing distributor | ||||||
12 | under this
Article. The Department shall fix the penalty of | ||||||
13 | such bond in each case,
taking into consideration the amount of | ||||||
14 | alcoholic liquor expected to be
sold and used by such | ||||||
15 | manufacturer or importing distributor, and the
penalty fixed by | ||||||
16 | the Department shall be sufficient, in the Department's
| ||||||
17 | opinion, to protect the State of Illinois against failure to | ||||||
18 | pay any amount
due under this Article, but the amount of the | ||||||
19 | penalty fixed by the
Department shall not exceed twice the | ||||||
20 | amount of tax liability of a monthly
return, nor shall the | ||||||
21 | amount of such penalty be less than $1,000. The
Department | ||||||
22 | shall notify the Commission of the Department's approval or
| ||||||
23 | disapproval of any such manufacturer's or importing | ||||||
24 | distributor's bond, or
of the termination or cancellation of | ||||||
25 | any such bond, or of the Department's
direction to a | ||||||
26 | manufacturer or importing distributor that he must file
|
| |||||||
| |||||||
1 | additional bond in order to comply with this Section. The | ||||||
2 | Commission shall
not issue a license to any applicant for a | ||||||
3 | manufacturer's or importing
distributor's license unless the | ||||||
4 | Commission has received a notification
from the Department | ||||||
5 | showing that such applicant has filed a satisfactory
bond with | ||||||
6 | the Department hereunder and that such bond has been approved | ||||||
7 | by
the Department. Failure by any licensed manufacturer or | ||||||
8 | importing
distributor to keep a satisfactory bond in effect | ||||||
9 | with the Department or to
furnish additional bond to the | ||||||
10 | Department, when required hereunder by the
Department to do so, | ||||||
11 | shall be grounds for the revocation or suspension of
such | ||||||
12 | manufacturer's or importing distributor's license by the | ||||||
13 | Commission.
If a manufacturer or importing distributor fails to | ||||||
14 | pay any amount due
under this Article, his bond with the | ||||||
15 | Department shall be deemed forfeited,
and the Department may | ||||||
16 | institute a suit in its own name on such bond.
| ||||||
17 | After notice and opportunity for a hearing the State | ||||||
18 | Commission may
revoke or suspend the license of any | ||||||
19 | manufacturer or importing distributor
who fails to comply with | ||||||
20 | the provisions of this Section. Notice of such
hearing and the | ||||||
21 | time and place thereof shall be in writing and shall
contain a | ||||||
22 | statement of the charges against the licensee. Such notice may | ||||||
23 | be
given by United States registered or certified mail with | ||||||
24 | return receipt
requested, addressed to the person concerned at | ||||||
25 | his last known address and
shall be given not less than 7 days | ||||||
26 | prior to the date fixed for the
hearing. An order revoking or |
| |||||||
| |||||||
1 | suspending a license under the provisions of
this Section may | ||||||
2 | be reviewed in the manner provided in Section 7-10
of this Act. | ||||||
3 | No new license shall be granted to a person
whose license has | ||||||
4 | been revoked for a violation of this Section or, in case
of | ||||||
5 | suspension, shall such suspension be terminated until he has | ||||||
6 | paid to the
Department all taxes and penalties which he owes | ||||||
7 | the State under the
provisions of this Act.
| ||||||
8 | Every manufacturer or importing distributor who has, as | ||||||
9 | verified by
the Department, continuously complied with the | ||||||
10 | conditions of the bond under
this Act for a period of 2 years | ||||||
11 | shall be considered to be a prior
continuous compliance | ||||||
12 | taxpayer. In determining the consecutive period of
time for | ||||||
13 | qualification as a prior continuous compliance taxpayer, any
| ||||||
14 | consecutive period of time of qualifying compliance | ||||||
15 | immediately prior to
the effective date of this amendatory Act | ||||||
16 | of 1987 shall be credited to any
manufacturer or importing | ||||||
17 | distributor.
| ||||||
18 | A manufacturer or importing distributor that is a prior | ||||||
19 | continuous compliance taxpayer under this Section and becomes a | ||||||
20 | successor as the result of an acquisition, merger, or | ||||||
21 | consolidation of a manufacturer or importing distributor shall | ||||||
22 | be deemed to be a prior continuous compliance taxpayer with | ||||||
23 | respect to the acquired, merged, or consolidated entity.
| ||||||
24 | Every prior continuous compliance taxpayer shall be exempt | ||||||
25 | from the bond
requirements of this Act until the Department has | ||||||
26 | determined the taxpayer
to be delinquent in the filing of any |
| |||||||
| |||||||
1 | return or deficient in the payment of
any tax under this Act. | ||||||
2 | Any taxpayer who fails to pay an admitted or
established | ||||||
3 | liability under this Act may also be required to post bond or
| ||||||
4 | other acceptable security with the Department guaranteeing the | ||||||
5 | payment of
such admitted or established liability.
| ||||||
6 | The Department shall discharge any surety and shall release | ||||||
7 | and return
any bond or security deposit assigned, pledged or | ||||||
8 | otherwise provided to it
by a taxpayer under this Section | ||||||
9 | within 30 days after: (1) such taxpayer
becomes a prior | ||||||
10 | continuous compliance taxpayer; or (2) such taxpayer has
ceased | ||||||
11 | to collect receipts on which he is required to remit tax to the
| ||||||
12 | Department, has filed a final tax return, and has paid to the | ||||||
13 | Department an
amount sufficient to discharge his remaining tax | ||||||
14 | liability as determined by
the Department under this Act.
| ||||||
15 | (Source: P.A. 95-769, eff. 7-29-08.)
| ||||||
16 | (235 ILCS 5/8-5) (from Ch. 43, par. 163a)
| ||||||
17 | Sec. 8-5.
As soon as practicable after any return is filed, | ||||||
18 | the Department
shall examine such return and shall correct such | ||||||
19 | return according to its
best judgment and information, which | ||||||
20 | return so corrected by the Department
shall be prima facie | ||||||
21 | correct and shall be prima facie evidence of the
correctness of | ||||||
22 | the amount of tax due, as shown therein. Instead of
requiring | ||||||
23 | the licensee to file an amended return, the Department may | ||||||
24 | simply
notify the licensee of the correction or corrections it | ||||||
25 | has made. Proof of
such correction by the Department, or of the |
| |||||||
| |||||||
1 | determination of the amount of
tax due as provided in Sections | ||||||
2 | 8-4 and 8-10, may be made at
any hearing before the Department | ||||||
3 | or in any legal proceeding by a
reproduced copy of the | ||||||
4 | Department's record relating thereto in the name of
the | ||||||
5 | Department under the certificate of the Director of Revenue. | ||||||
6 | Such
reproduced copy shall, without further proof, be admitted | ||||||
7 | into evidence
before the Department or in any legal proceeding | ||||||
8 | and shall be prima facie
proof of the correctness of the amount | ||||||
9 | of tax due, as shown therein. If the
return so corrected by the | ||||||
10 | Department discloses the sale or use, by a
licensed | ||||||
11 | manufacturer or importing distributor, of alcoholic liquors as | ||||||
12 | to
which the tax provided for in this Article should have been | ||||||
13 | paid, but has
not been paid, in excess of the alcoholic liquors | ||||||
14 | reported as being taxable
by the licensee, and as to which the | ||||||
15 | proper tax was paid the Department
shall notify the licensee | ||||||
16 | that it shall issue the taxpayer a notice of tax
liability for | ||||||
17 | the amount of tax claimed by the Department to be due,
together | ||||||
18 | with penalties at the rates prescribed by Sections 3-3, 3-5 and
| ||||||
19 | 3-6 of the Uniform Penalty and Interest Act, which amount of | ||||||
20 | tax shall be
equivalent to the amount of tax which, at the | ||||||
21 | prescribed rate per gallon,
should have been paid with respect | ||||||
22 | to the alcoholic liquors disposed of in
excess of those | ||||||
23 | reported as being taxable. In a case where no return has
been | ||||||
24 | filed, the Department shall determine the amount of tax due | ||||||
25 | according
to its best judgment and information and shall issue | ||||||
26 | the taxpayer a notice
of tax liability for the amount of tax |
| |||||||
| |||||||
1 | claimed by the Department to be due
as herein provided together | ||||||
2 | with penalties at the rates prescribed by
Sections 3-3, 3-5 and | ||||||
3 | 3-6 of the Uniform Penalty and Interest Act. If, in
| ||||||
4 | administering the provisions of this Act, a comparison of a | ||||||
5 | licensee's
return or returns with the books, records and | ||||||
6 | physical inventories of such
licensee discloses a deficiency | ||||||
7 | which cannot be allocated by the Department
to a particular | ||||||
8 | month or months, the Department shall issue the taxpayer a
| ||||||
9 | notice of tax liability for the amount of tax claimed by the | ||||||
10 | Department to
be due for a given period, but without any | ||||||
11 | obligation upon the Department
to allocate such deficiency to | ||||||
12 | any particular month or months, together
with penalties at the | ||||||
13 | rates prescribed by Sections 3-3, 3-5 and 3-6 of the
Uniform | ||||||
14 | Penalty and Interest Act, which amount of tax shall be | ||||||
15 | equivalent to
the amount of tax which, at the prescribed rate | ||||||
16 | per gallon, should have
been paid with respect to the alcoholic | ||||||
17 | liquors disposed of in excess of
those reported being taxable, | ||||||
18 | with the tax thereon having been paid under
which circumstances | ||||||
19 | the aforesaid notice of tax liability shall be prima
facie | ||||||
20 | correct and shall be prima facie evidence of the correctness of | ||||||
21 | the
amount of tax due as shown therein; and proof of such | ||||||
22 | correctness may be
made in accordance with, and the | ||||||
23 | admissibility of a reproduced copy of such
notice of the | ||||||
24 | Department's notice of tax liability shall be governed by,
all | ||||||
25 | the provisions of this Act applicable to corrected returns.
| ||||||
26 | If the licensee dies or becomes a person under legal |
| |||||||
| |||||||
1 | disability
at any time before the Department issues its notice | ||||||
2 | of tax liability, such
notice shall be issued to the | ||||||
3 | administrator, executor or other legal
representative, as | ||||||
4 | such, of the deceased or licensee who is under legal
| ||||||
5 | disability.
| ||||||
6 | If such licensee or legal representative, within 60 days | ||||||
7 | after such
notice of tax liability, files a protest to such | ||||||
8 | notice of tax liability
and requests a hearing thereon, the | ||||||
9 | Department shall give at least 7 days'
notice to such licensee | ||||||
10 | or legal representative, as the case may be, of the
time and | ||||||
11 | place fixed for such hearing and shall hold a hearing in
| ||||||
12 | conformity with the provisions of this Act, and pursuant | ||||||
13 | thereto shall
issue a final assessment to such licensee or | ||||||
14 | legal representative for the
amount found to be due as a result | ||||||
15 | of such hearing.
| ||||||
16 | If a protest to the notice of tax liability and a request | ||||||
17 | for a hearing
thereon is not filed within 60 days after such | ||||||
18 | notice of tax liability,
such notice of tax liability shall | ||||||
19 | become final without the necessity of a
final assessment being | ||||||
20 | issued and shall be deemed to be a final assessment.
| ||||||
21 | In case of failure to pay the tax, or any portion thereof, | ||||||
22 | or any
penalty provided for herein, when due, the Department | ||||||
23 | may recover the
amount of such tax, or portion thereof, or | ||||||
24 | penalty in a civil action; or if
the licensee dies or becomes a | ||||||
25 | person under legal disability, by filing a
claim therefor | ||||||
26 | against his or her estate; provided that no such claim shall
be |
| |||||||
| |||||||
1 | filed against the estate of any deceased or of the licensee who | ||||||
2 | is under
legal disability for any tax or penalty or portion | ||||||
3 | thereof except in the
manner prescribed and within the time | ||||||
4 | limited by the Probate Act of 1975,
as amended.
| ||||||
5 | The collection of any such tax and penalty, or either, by | ||||||
6 | any means
provided for herein, shall not be a bar to any | ||||||
7 | prosecution under this Act.
| ||||||
8 | In addition to any other penalty provided for in this | ||||||
9 | Article, any
licensee who fails to pay any tax within the time | ||||||
10 | required by this Article
shall be subject to assessment of | ||||||
11 | penalties and interest at rates set
forth in the Uniform | ||||||
12 | Penalty and Interest Act.
| ||||||
13 | (Source: P.A. 87-205; 87-879 .)
| ||||||
14 | (235 ILCS 5/8-10) (from Ch. 43, par. 164)
| ||||||
15 | Sec. 8-10.
It is the duty of each manufacturer, importing | ||||||
16 | distributor
and foreign importer to keep, at his licensed | ||||||
17 | address or place of business,
complete and accurate records of | ||||||
18 | all sales or other dispositions of
alcoholic liquor, and | ||||||
19 | complete and accurate records of all alcoholic liquor
produced, | ||||||
20 | manufactured, compounded or imported, whether for himself or | ||||||
21 | for
another, together with a physical inventory made as of the | ||||||
22 | close of each
period for which a return is required, covering | ||||||
23 | all alcoholic liquors on
hand. However, the Department of | ||||||
24 | Revenue may grant a an importing distributor a waiver to permit | ||||||
25 | such records to be kept at a central business location within |
| |||||||
| |||||||
1 | the State upon written request by the importing distributor. | ||||||
2 | The central business location shall be located at a licensed | ||||||
3 | importing distributor's premises. The Department of Revenue | ||||||
4 | may in its discretion prescribe reasonable
and uniform methods | ||||||
5 | for keeping such records by manufacturers and importing
| ||||||
6 | distributors and foreign importers.
| ||||||
7 | In case of failure by manufacturers and importing | ||||||
8 | distributors to keep
such records or to make them available to | ||||||
9 | the Department on demand, the
Department shall determine the | ||||||
10 | amount of tax due according to its best
judgment and | ||||||
11 | information, which amount so determined by the Department
shall | ||||||
12 | be prima facie correct, and the Department's notice of tax | ||||||
13 | liability
shall be given, and protest thereto and demand for a | ||||||
14 | hearing may be made
and final assessments arrived at, in | ||||||
15 | accordance with the provisions of
Section 8-5 hereof.
| ||||||
16 | It is the duty of each manufacturer, importing distributor , | ||||||
17 | and foreign
importer, who imports alcoholic liquor into the | ||||||
18 | State, and each non-resident
dealer who ships alcoholic liquor | ||||||
19 | into the State, to mail to the
Department one duplicate | ||||||
20 | invoice, together with a bill of lading, covering
such shipment | ||||||
21 | and stating the quantity and, except in the case of alcoholic
| ||||||
22 | liquor imported in bulk to be bottled by an authorized licensee | ||||||
23 | in this
State using his own label and brand, the invoice shall | ||||||
24 | also state the
brand, labels and size of containers.
| ||||||
25 | It is the duty of each manufacturer, importing distributor , | ||||||
26 | and foreign
importer, who imports spirits into the State, and |
| |||||||
| |||||||
1 | each non-resident
dealer who ships spirits into the State, to | ||||||
2 | mail to the State Commission
monthly a report containing a | ||||||
3 | compilation of the information required to
be furnished to the | ||||||
4 | Department by the preceding paragraph, except that
information | ||||||
5 | concerning spirits imported in bulk need not be included. The
| ||||||
6 | report shall include all information mailed to the Department | ||||||
7 | during the
preceding month.
| ||||||
8 | All books and records, which manufacturers, importing | ||||||
9 | distributors,
non-resident dealers , and foreign importers are | ||||||
10 | required by this Section to
keep, shall be preserved for a | ||||||
11 | period of 3 years, unless the Department, in
writing, | ||||||
12 | authorizes their destruction or disposal at an earlier date.
| ||||||
13 | (Source: P.A. 98-394, eff. 8-16-13.)
| ||||||
14 | (235 ILCS 5/9-13) (from Ch. 43, par. 176)
| ||||||
15 | Sec. 9-13.
It is unlawful to sell alcoholic liquor at | ||||||
16 | retail
or to grant or
issue, or cause to be granted or issued, | ||||||
17 | any license to sell alcoholic
liquor at retail within the | ||||||
18 | limits of any political subdivision or precinct
or at any | ||||||
19 | premises
while the prohibition against such sales is in effect, | ||||||
20 | or to sell at retail
alcoholic liquor other than beer | ||||||
21 | containing not more than 4% of alcohol by
weight, or to grant | ||||||
22 | or issue or cause to be granted any license to sell
such | ||||||
23 | alcoholic liquor at retail within the limits of such political
| ||||||
24 | subdivision or precinct while the prohibition against such | ||||||
25 | sales is in
effect, or to sell at retail alcoholic liquor |
| |||||||
| |||||||
1 | containing more than 4% of
alcohol by weight except in the | ||||||
2 | original package and not for consumption on
the premises, or to | ||||||
3 | grant or issue or cause to be granted or issued any
license to | ||||||
4 | sell such alcoholic liquor at retail within the limits of such
| ||||||
5 | political subdivision or precinct while the prohibition | ||||||
6 | against such sales
is in effect. If any such license be granted | ||||||
7 | or issued in violation of this
section, the license shall be | ||||||
8 | void. This section shall not prohibit the
issuance of and | ||||||
9 | operation under a manufacturer's or distributor's or
importing | ||||||
10 | distributor's license in accordance with law.
| ||||||
11 | (Source: P.A. 86-861.)
| ||||||
12 | (235 ILCS 5/10-1) (from Ch. 43, par. 183)
| ||||||
13 | Sec. 10-1. Violations; penalties. Whereas a substantial | ||||||
14 | threat
to the sound and careful control, regulation, and | ||||||
15 | taxation of the
manufacture, sale, and distribution of | ||||||
16 | alcoholic liquors exists by virtue
of individuals who | ||||||
17 | manufacture,
import, distribute, or sell alcoholic liquors | ||||||
18 | within the State without
having first obtained a valid license | ||||||
19 | to do so, and whereas such threat is
especially serious along | ||||||
20 | the borders of this State, and whereas such threat
requires | ||||||
21 | immediate correction by this Act, by active investigation and
| ||||||
22 | prosecution by law enforcement officials and prosecutors, and | ||||||
23 | by prompt and
strict enforcement through the courts of this | ||||||
24 | State to punish violators and
to deter such conduct in the | ||||||
25 | future:
|
| |||||||
| |||||||
1 | (a) Any person who manufactures, imports
for distribution | ||||||
2 | or use, or distributes or sells alcoholic liquor at any
place | ||||||
3 | within the State without having first obtained a valid license | ||||||
4 | to do
so under the provisions of this Act shall be guilty of a | ||||||
5 | business offense
and fined not more than $1,000 for the first | ||||||
6 | such offense and shall be
guilty of a Class 4 felony for each | ||||||
7 | subsequent offense.
| ||||||
8 | (b) (1) Any retailer, licensed in this State, who knowingly | ||||||
9 | causes to
furnish,
give, sell, or otherwise being within the | ||||||
10 | State, any alcoholic liquor destined
to be used, distributed, | ||||||
11 | consumed or sold in another state, unless such
alcoholic liquor | ||||||
12 | was received in this State by a duly licensed distributor,
or | ||||||
13 | importing distributors shall have his license suspended for 7 | ||||||
14 | days for
the first offense and for the second offense, shall | ||||||
15 | have his license
revoked by the Commission.
| ||||||
16 | (2) In the event the Commission receives a certified copy | ||||||
17 | of a final order
from a foreign jurisdiction that an Illinois | ||||||
18 | retail licensee has been found to
have violated that foreign | ||||||
19 | jurisdiction's laws, rules, or regulations
concerning the | ||||||
20 | importation of alcoholic liquor into that foreign | ||||||
21 | jurisdiction,
the violation may be grounds for the Commission | ||||||
22 | to revoke, suspend, or refuse
to
issue or renew a license, to | ||||||
23 | impose a fine, or to take any additional action
provided by | ||||||
24 | this Act with respect to the Illinois retail license or | ||||||
25 | licensee.
Any such action on the part of the Commission shall | ||||||
26 | be in accordance with this
Act and implementing rules.
|
| |||||||
| |||||||
1 | For the purposes of paragraph (2): (i) "foreign | ||||||
2 | jurisdiction" means a
state, territory, or possession of the | ||||||
3 | United States, the District of Columbia,
or the Commonwealth of | ||||||
4 | Puerto Rico, and (ii) "final order" means an order or
judgment | ||||||
5 | of a court or administrative body that determines the rights of | ||||||
6 | the
parties respecting the subject matter of the proceeding, | ||||||
7 | that remains in full
force and effect, and from which no appeal | ||||||
8 | can be taken.
| ||||||
9 | (c) Any person who shall make any false statement or | ||||||
10 | otherwise
violates any of the provisions of this Act in | ||||||
11 | obtaining any license
hereunder, or who having obtained a | ||||||
12 | license hereunder shall violate any
of the provisions of this | ||||||
13 | Act with respect to the manufacture,
possession, distribution | ||||||
14 | or sale of alcoholic liquor, or with respect to
the maintenance | ||||||
15 | of the licensed premises, or shall violate any other
provision | ||||||
16 | of this Act, shall for a first offense be guilty of a petty
| ||||||
17 | offense and fined not more than $500, and for a second or | ||||||
18 | subsequent
offense shall be guilty of a Class B misdemeanor.
| ||||||
19 | (c-5) Any owner of an establishment that serves alcohol on | ||||||
20 | its premises, if more than 50% of the establishment's gross | ||||||
21 | receipts within the prior 3 months is from the sale of alcohol, | ||||||
22 | who knowingly fails to prohibit concealed firearms on its | ||||||
23 | premises or who knowingly makes a false statement or record to | ||||||
24 | avoid the prohibition of concealed firearms on its premises | ||||||
25 | under the Firearm Concealed Carry Act shall be guilty of a | ||||||
26 | business offense with a fine up to $5,000. |
| |||||||
| |||||||
1 | (d) Each day any person engages in business as a | ||||||
2 | manufacturer,
foreign importer, importing distributor, | ||||||
3 | distributor , or retailer in
violation of the provisions of this | ||||||
4 | Act shall constitute a separate offense.
| ||||||
5 | (e) Any person, under the age of 21 years who, for the | ||||||
6 | purpose
of buying, accepting or receiving alcoholic liquor from | ||||||
7 | a
licensee, represents that he is 21 years of age or over shall | ||||||
8 | be guilty
of a Class A misdemeanor.
| ||||||
9 | (f) In addition to the penalties herein provided, any | ||||||
10 | person
licensed as a wine-maker in either class who | ||||||
11 | manufactures more wine than
authorized by his license shall be | ||||||
12 | guilty of a business offense and shall be
fined $1 for each | ||||||
13 | gallon so manufactured.
| ||||||
14 | (g) A person shall be exempt from prosecution for a | ||||||
15 | violation of this
Act if he is a peace officer in the | ||||||
16 | enforcement of the criminal laws and
such activity is approved | ||||||
17 | in writing by one of the following:
| ||||||
18 | (1) In all counties, the respective State's Attorney;
| ||||||
19 | (2) The Director of State Police under
Section 2605-10, | ||||||
20 | 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,
2605-115, | ||||||
21 | 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, | ||||||
22 | 2605-205, 2605-210,
2605-215, 2605-250, 2605-275, | ||||||
23 | 2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
| ||||||
24 | 2605-340,
2605-350, 2605-355, 2605-360, 2605-365, | ||||||
25 | 2605-375, 2605-390, 2605-400, 2605-405,
2605-420,
| ||||||
26 | 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the |
| |||||||
| |||||||
1 | Department of State
Police Law (20 ILCS 2605/2605-10, | ||||||
2 | 2605/2605-15, 2605/2605-75,
2605/2605-100, 2605/2605-105, | ||||||
3 | 2605/2605-110, 2605/2605-115,
2605/2605-120, | ||||||
4 | 2605/2605-130, 2605/2605-140, 2605/2605-190, | ||||||
5 | 2605/2605-200,
2605/2605-205, 2605/2605-210, | ||||||
6 | 2605/2605-215, 2605/2605-250, 2605/2605-275,
| ||||||
7 | 2605/2605-300,
2605/2605-305, 2605/2605-315, | ||||||
8 | 2605/2605-325, 2605/2605-335, 2605/2605-340,
| ||||||
9 | 2605/2605-350, 2605/2605-355, 2605/2605-360,
| ||||||
10 | 2605/2605-365, 2605/2605-375, 2605/2605-390,
| ||||||
11 | 2605/2605-400, 2605/2605-405, 2605/2605-420, | ||||||
12 | 2605/2605-430, 2605/2605-435,
2605/2605-500, | ||||||
13 | 2605/2605-525, or 2605/2605-550); or
| ||||||
14 | (3) In cities over 1,000,000, the Superintendent of | ||||||
15 | Police.
| ||||||
16 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
17 | (235 ILCS 5/10-7.1) (from Ch. 43, par. 189.1)
| ||||||
18 | Sec. 10-7.1.
The Commission, upon receipt of a complaint or | ||||||
19 | upon having
knowledge that any
person is engaged in the | ||||||
20 | business as a manufacturer, importing distributor,
| ||||||
21 | distributor , or retailer without a license or valid license, | ||||||
22 | shall notify
the Department of Revenue and the local liquor | ||||||
23 | authority, and file a
complaint with the State's Attorney's
| ||||||
24 | Office of the County where the incident occurred or initiate an
| ||||||
25 | investigation with the appropriate
law enforcement officials.
|
| |||||||
| |||||||
1 | (Source: P.A. 90-739, eff. 8-13-98.)
| ||||||
2 | (235 ILCS 5/1-3.16 rep.)
| ||||||
3 | Section 35. The Liquor Control Act of 1934 is amended by | ||||||
4 | repealing Section 1-3.16.
|