Illinois General Assembly - Full Text of HB1271
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Full Text of HB1271  101st General Assembly

HB1271enr 101ST GENERAL ASSEMBLY



 


 
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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 1-3.40, 5-1, 5-3, and 6-4 as follows:
 
6    (235 ILCS 5/1-3.40)
7    Sec. 1-3.40. Manufacturer class license holder.
8"Manufacturer class license holder" means any holder of a
9Manufacturer's license as provided in Section 5-1 of this Act.
10The Manufacturer's licenses are: a Class 1. Distiller, a Class
112. Rectifier, a Class 3. Brewer, a Class 4. First Class Wine
12Manufacturer, a Class 5. Second Class Wine Manufacturer, a
13Class 6. First Class Winemaker, a Class 7. Second Class
14Winemaker, a Class 8. Limited Wine Manufacturer, a Class 9.
15Craft Distiller, a Class 10 9. Class 1 Craft Distiller, a Class
1611 10. Class 2 Craft Distiller, a Class 12 11. Class 1 Brewer,
17and a Class 13 12. Class 2 Brewer, and any future
18Manufacturer's licenses established by law.
19(Source: P.A. 101-482, eff. 8-23-19.)
 
20    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
21    Sec. 5-1. Licenses issued by the Illinois Liquor Control
22Commission shall be of the following classes:

 

 

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1    (a) Manufacturer's license - Class 1. Distiller, Class 2.
2Rectifier, Class 3. Brewer, Class 4. First Class Wine
3Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
4First Class Winemaker, Class 7. Second Class Winemaker, Class
58. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
610 9. Class 1 Craft Distiller, Class 11 10. Class 2 Craft
7Distiller, Class 12 11. Class 1 Brewer, Class 13 12. Class 2
8Brewer,
9    (b) Distributor's license,
10    (c) Importing Distributor's license,
11    (d) Retailer's license,
12    (e) Special Event Retailer's license (not-for-profit),
13    (f) Railroad license,
14    (g) Boat license,
15    (h) Non-Beverage User's license,
16    (i) Wine-maker's premises license,
17    (j) Airplane license,
18    (k) Foreign importer's license,
19    (l) Broker's license,
20    (m) Non-resident dealer's license,
21    (n) Brew Pub license,
22    (o) Auction liquor license,
23    (p) Caterer retailer license,
24    (q) Special use permit license,
25    (r) Winery shipper's license,
26    (s) Craft distiller tasting permit,

 

 

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1    (t) Brewer warehouse permit,
2    (u) Distilling pub license,
3    (v) Craft distiller warehouse permit.
4    No person, firm, partnership, corporation, or other legal
5business entity that is engaged in the manufacturing of wine
6may concurrently obtain and hold a wine-maker's license and a
7wine manufacturer's license.
8    (a) A manufacturer's license shall allow the manufacture,
9importation in bulk, storage, distribution and sale of
10alcoholic liquor to persons without the State, as may be
11permitted by law and to licensees in this State as follows:
12    Class 1. A Distiller may make sales and deliveries of
13alcoholic liquor to distillers, rectifiers, importing
14distributors, distributors and non-beverage users and to no
15other licensees.
16    Class 2. A Rectifier, who is not a distiller, as defined
17herein, may make sales and deliveries of alcoholic liquor to
18rectifiers, importing distributors, distributors, retailers
19and non-beverage users and to no other licensees.
20    Class 3. A Brewer may make sales and deliveries of beer to
21importing distributors and distributors and may make sales as
22authorized under subsection (e) of Section 6-4 of this Act.
23    Class 4. A first class wine-manufacturer may make sales and
24deliveries of up to 50,000 gallons of wine to manufacturers,
25importing distributors and distributors, and to no other
26licensees.

 

 

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1    Class 5. A second class Wine manufacturer may make sales
2and deliveries of more than 50,000 gallons of wine to
3manufacturers, importing distributors and distributors and to
4no other licensees.
5    Class 6. A first-class wine-maker's license shall allow the
6manufacture of up to 50,000 gallons of wine per year, and the
7storage and sale of such wine to distributors in the State and
8to persons without the State, as may be permitted by law. A
9person who, prior to June 1, 2008 (the effective date of Public
10Act 95-634), is a holder of a first-class wine-maker's license
11and annually produces more than 25,000 gallons of its own wine
12and who distributes its wine to licensed retailers shall cease
13this practice on or before July 1, 2008 in compliance with
14Public Act 95-634.
15    Class 7. A second-class wine-maker's license shall allow
16the manufacture of between 50,000 and 150,000 gallons of wine
17per year, and the storage and sale of such wine to distributors
18in this State and to persons without the State, as may be
19permitted by law. A person who, prior to June 1, 2008 (the
20effective date of Public Act 95-634), is a holder of a
21second-class wine-maker's license and annually produces more
22than 25,000 gallons of its own wine and who distributes its
23wine to licensed retailers shall cease this practice on or
24before July 1, 2008 in compliance with Public Act 95-634.
25    Class 8. A limited wine-manufacturer may make sales and
26deliveries not to exceed 40,000 gallons of wine per year to

 

 

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1distributors, and to non-licensees in accordance with the
2provisions of this Act.
3    Class 9. A craft distiller license, which may only be held
4by a class 1 craft distiller licensee or class 2 craft
5distiller licensee but not held by both a class 1 craft
6distiller licensee and a class 2 craft distiller licensee,
7shall grant all rights conveyed by either: (i) a class 1 craft
8distiller license if the craft distiller holds a class 1 craft
9distiller license; or (ii) a class 2 craft distiller licensee
10if the craft distiller holds a class 2 craft distiller license.
11    Class 10 9. A class 1 craft distiller license, which may
12only be issued to a licensed craft distiller licensed distiller
13or licensed non-resident dealer, shall allow the manufacture of
14up to 50,000 gallons of spirits per year provided that the
15class 1 craft distiller licensee does not manufacture more than
16a combined 50,000 gallons of spirits per year and is not a
17member of or affiliated with, directly or indirectly, a
18manufacturer that produces more than 50,000 gallons of spirits
19per year or any other alcoholic liquor. A class 1 craft
20distiller licensee may make sales and deliveries to importing
21distributors and distributors and to retail licensees in
22accordance with the conditions set forth in paragraph (19) of
23subsection (a) of Section 3-12 of this Act. However, the
24aggregate amount of spirits sold to non-licensees and sold or
25delivered to retail licensees may not exceed 5,000 gallons per
26year.

 

 

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1    A class 1 craft distiller licensee may sell up to 5,000
2gallons of such spirits to non-licensees to the extent
3permitted by any exemption approved by the State Commission
4pursuant to Section 6-4 of this Act. A class 1 craft distiller
5license holder may store such spirits at a non-contiguous
6licensed location, but at no time shall a class 1 craft
7distiller license holder directly or indirectly produce in the
8aggregate more than 50,000 gallons of spirits per year.
9    A class 1 craft distiller licensee may hold more than one
10class 1 craft distiller's license. However, a class 1 craft
11distiller that holds more than one class 1 craft distiller
12license shall not manufacture, in the aggregate, more than
1350,000 gallons of spirits by distillation per year and shall
14not sell, in the aggregate, more than 5,000 gallons of such
15spirits to non-licensees in accordance with an exemption
16approved by the State Commission pursuant to Section 6-4 of
17this Act.
18    Class 11 10. A class 2 craft distiller license, which may
19only be issued to a licensed craft distiller licensed distiller
20or licensed non-resident dealer, shall allow the manufacture of
21up to 100,000 gallons of spirits per year provided that the
22class 2 craft distiller licensee does not manufacture more than
23a combined 100,000 gallons of spirits per year and is not a
24member of or affiliated with, directly or indirectly, a
25manufacturer that produces more than 100,000 gallons of spirits
26per year or any other alcoholic liquor. A class 2 craft

 

 

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1distiller licensee may make sales and deliveries to importing
2distributors and distributors, but shall not make sales or
3deliveries to any other licensee. If the State Commission
4provides prior approval, a class 2 craft distiller licensee may
5annually transfer up to 100,000 gallons of spirits manufactured
6by that class 2 craft distiller licensee to the premises of a
7licensed class 2 craft distiller wholly owned and operated by
8the same licensee. A class 2 craft distiller may transfer
9spirits to a distilling pub wholly owned and operated by the
10class 2 craft distiller subject to the following limitations
11and restrictions: (i) the transfer shall not annually exceed
12more than 5,000 gallons; (ii) the annual amount transferred
13shall reduce the distilling pub's annual permitted production
14limit; (iii) all spirits transferred shall be subject to
15Article VIII of this Act; (iv) a written record shall be
16maintained by the distiller and distilling pub specifying the
17amount, date of delivery, and receipt of the product by the
18distilling pub; and (v) the distilling pub shall be located no
19farther than 80 miles from the class 2 craft distiller's
20licensed location.
21    A class 2 craft distiller shall, prior to transferring
22spirits to a distilling pub wholly owned by the class 2 craft
23distiller, furnish a written notice to the State Commission of
24intent to transfer spirits setting forth the name and address
25of the distilling pub and shall annually submit to the State
26Commission a verified report identifying the total gallons of

 

 

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1spirits transferred to the distilling pub wholly owned by the
2class 2 craft distiller.
3    A class 2 craft distiller license holder may store such
4spirits at a non-contiguous licensed location, but at no time
5shall a class 2 craft distiller license holder directly or
6indirectly produce in the aggregate more than 100,000 gallons
7of spirits per year.
8    Class 12 11. A class 1 brewer license, which may only be
9issued to a licensed brewer or licensed non-resident dealer,
10shall allow the manufacture of up to 930,000 gallons of beer
11per year provided that the class 1 brewer licensee does not
12manufacture more than a combined 930,000 gallons of beer per
13year and is not a member of or affiliated with, directly or
14indirectly, a manufacturer that produces more than 930,000
15gallons of beer per year or any other alcoholic liquor. A class
161 brewer licensee may make sales and deliveries to importing
17distributors and distributors and to retail licensees in
18accordance with the conditions set forth in paragraph (18) of
19subsection (a) of Section 3-12 of this Act. If the State
20Commission provides prior approval, a class 1 brewer may
21annually transfer up to 930,000 gallons of beer manufactured by
22that class 1 brewer to the premises of a licensed class 1
23brewer wholly owned and operated by the same licensee.
24    Class 13 12. A class 2 brewer license, which may only be
25issued to a licensed brewer or licensed non-resident dealer,
26shall allow the manufacture of up to 3,720,000 gallons of beer

 

 

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1per year provided that the class 2 brewer licensee does not
2manufacture more than a combined 3,720,000 gallons of beer per
3year and is not a member of or affiliated with, directly or
4indirectly, a manufacturer that produces more than 3,720,000
5gallons of beer per year or any other alcoholic liquor. A class
62 brewer licensee may make sales and deliveries to importing
7distributors and distributors, but shall not make sales or
8deliveries to any other licensee. If the State Commission
9provides prior approval, a class 2 brewer licensee may annually
10transfer up to 3,720,000 gallons of beer manufactured by that
11class 2 brewer licensee to the premises of a licensed class 2
12brewer wholly owned and operated by the same licensee.
13    A class 2 brewer may transfer beer to a brew pub wholly
14owned and operated by the class 2 brewer subject to the
15following limitations and restrictions: (i) the transfer shall
16not annually exceed more than 31,000 gallons; (ii) the annual
17amount transferred shall reduce the brew pub's annual permitted
18production limit; (iii) all beer transferred shall be subject
19to Article VIII of this Act; (iv) a written record shall be
20maintained by the brewer and brew pub specifying the amount,
21date of delivery, and receipt of the product by the brew pub;
22and (v) the brew pub shall be located no farther than 80 miles
23from the class 2 brewer's licensed location.
24    A class 2 brewer shall, prior to transferring beer to a
25brew pub wholly owned by the class 2 brewer, furnish a written
26notice to the State Commission of intent to transfer beer

 

 

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1setting forth the name and address of the brew pub and shall
2annually submit to the State Commission a verified report
3identifying the total gallons of beer transferred to the brew
4pub wholly owned by the class 2 brewer.
5    (a-1) A manufacturer which is licensed in this State to
6make sales or deliveries of alcoholic liquor to licensed
7distributors or importing distributors and which enlists
8agents, representatives, or individuals acting on its behalf
9who contact licensed retailers on a regular and continual basis
10in this State must register those agents, representatives, or
11persons acting on its behalf with the State Commission.
12    Registration of agents, representatives, or persons acting
13on behalf of a manufacturer is fulfilled by submitting a form
14to the Commission. The form shall be developed by the
15Commission and shall include the name and address of the
16applicant, the name and address of the manufacturer he or she
17represents, the territory or areas assigned to sell to or
18discuss pricing terms of alcoholic liquor, and any other
19questions deemed appropriate and necessary. All statements in
20the forms required to be made by law or by rule shall be deemed
21material, and any person who knowingly misstates any material
22fact under oath in an application is guilty of a Class B
23misdemeanor. Fraud, misrepresentation, false statements,
24misleading statements, evasions, or suppression of material
25facts in the securing of a registration are grounds for
26suspension or revocation of the registration. The State

 

 

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1Commission shall post a list of registered agents on the
2Commission's website.
3    (b) A distributor's license shall allow (i) the wholesale
4purchase and storage of alcoholic liquors and sale of alcoholic
5liquors to licensees in this State and to persons without the
6State, as may be permitted by law; (ii) the sale of beer,
7cider, or both beer and cider to brewers, class 1 brewers, and
8class 2 brewers that, pursuant to subsection (e) of Section 6-4
9of this Act, sell beer, cider, or both beer and cider to
10non-licensees at their breweries; and (iii) the sale of
11vermouth to class 1 craft distillers and class 2 craft
12distillers that, pursuant to subsection (e) of Section 6-4 of
13this Act, sell spirits, vermouth, or both spirits and vermouth
14to non-licensees at their distilleries. No person licensed as a
15distributor shall be granted a non-resident dealer's license.
16    (c) An importing distributor's license may be issued to and
17held by those only who are duly licensed distributors, upon the
18filing of an application by a duly licensed distributor, with
19the Commission and the Commission shall, without the payment of
20any fee, immediately issue such importing distributor's
21license to the applicant, which shall allow the importation of
22alcoholic liquor by the licensee into this State from any point
23in the United States outside this State, and the purchase of
24alcoholic liquor in barrels, casks or other bulk containers and
25the bottling of such alcoholic liquors before resale thereof,
26but all bottles or containers so filled shall be sealed,

 

 

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1labeled, stamped and otherwise made to comply with all
2provisions, rules and regulations governing manufacturers in
3the preparation and bottling of alcoholic liquors. The
4importing distributor's license shall permit such licensee to
5purchase alcoholic liquor from Illinois licensed non-resident
6dealers and foreign importers only. No person licensed as an
7importing distributor shall be granted a non-resident dealer's
8license.
9    (d) A retailer's license shall allow the licensee to sell
10and offer for sale at retail, only in the premises specified in
11the license, alcoholic liquor for use or consumption, but not
12for resale in any form. Nothing in Public Act 95-634 shall
13deny, limit, remove, or restrict the ability of a holder of a
14retailer's license to transfer, deliver, or ship alcoholic
15liquor to the purchaser for use or consumption subject to any
16applicable local law or ordinance. Any retail license issued to
17a manufacturer shall only permit the manufacturer to sell beer
18at retail on the premises actually occupied by the
19manufacturer. For the purpose of further describing the type of
20business conducted at a retail licensed premises, a retailer's
21licensee may be designated by the State Commission as (i) an on
22premise consumption retailer, (ii) an off premise sale
23retailer, or (iii) a combined on premise consumption and off
24premise sale retailer.
25    Notwithstanding any other provision of this subsection
26(d), a retail licensee may sell alcoholic liquors to a special

 

 

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1event retailer licensee for resale to the extent permitted
2under subsection (e).
3    (e) A special event retailer's license (not-for-profit)
4shall permit the licensee to purchase alcoholic liquors from an
5Illinois licensed distributor (unless the licensee purchases
6less than $500 of alcoholic liquors for the special event, in
7which case the licensee may purchase the alcoholic liquors from
8a licensed retailer) and shall allow the licensee to sell and
9offer for sale, at retail, alcoholic liquors for use or
10consumption, but not for resale in any form and only at the
11location and on the specific dates designated for the special
12event in the license. An applicant for a special event retailer
13license must (i) furnish with the application: (A) a resale
14number issued under Section 2c of the Retailers' Occupation Tax
15Act or evidence that the applicant is registered under Section
162a of the Retailers' Occupation Tax Act, (B) a current, valid
17exemption identification number issued under Section 1g of the
18Retailers' Occupation Tax Act, and a certification to the
19Commission that the purchase of alcoholic liquors will be a
20tax-exempt purchase, or (C) a statement that the applicant is
21not registered under Section 2a of the Retailers' Occupation
22Tax Act, does not hold a resale number under Section 2c of the
23Retailers' Occupation Tax Act, and does not hold an exemption
24number under Section 1g of the Retailers' Occupation Tax Act,
25in which event the Commission shall set forth on the special
26event retailer's license a statement to that effect; (ii)

 

 

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1submit with the application proof satisfactory to the State
2Commission that the applicant will provide dram shop liability
3insurance in the maximum limits; and (iii) show proof
4satisfactory to the State Commission that the applicant has
5obtained local authority approval.
6    Nothing in this Act prohibits an Illinois licensed
7distributor from offering credit or a refund for unused,
8salable alcoholic liquors to a holder of a special event
9retailer's license or the special event retailer's licensee
10from accepting the credit or refund of alcoholic liquors at the
11conclusion of the event specified in the license.
12    (f) A railroad license shall permit the licensee to import
13alcoholic liquors into this State from any point in the United
14States outside this State and to store such alcoholic liquors
15in this State; to make wholesale purchases of alcoholic liquors
16directly from manufacturers, foreign importers, distributors
17and importing distributors from within or outside this State;
18and to store such alcoholic liquors in this State; provided
19that the above powers may be exercised only in connection with
20the importation, purchase or storage of alcoholic liquors to be
21sold or dispensed on a club, buffet, lounge or dining car
22operated on an electric, gas or steam railway in this State;
23and provided further, that railroad licensees exercising the
24above powers shall be subject to all provisions of Article VIII
25of this Act as applied to importing distributors. A railroad
26license shall also permit the licensee to sell or dispense

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Any agent, representative, or person subject to
2registration pursuant to subsection (a-1) of this Section shall
3not be eligible to receive a broker's license.
4    (m) A non-resident dealer's license shall permit such
5licensee to ship into and warehouse alcoholic liquor into this
6State from any point outside of this State, and to sell such
7alcoholic liquor to Illinois licensed foreign importers and
8importing distributors and to no one else in this State;
9provided that (i) said non-resident dealer shall register with
10the Illinois Liquor Control Commission each and every brand of
11alcoholic liquor which it proposes to sell to Illinois
12licensees during the license period, (ii) it shall comply with
13all of the provisions of Section 6-9 hereof with respect to
14registration of such Illinois licensees as may be granted the
15right to sell such brands at wholesale by duly filing such
16registration statement, thereby authorizing the non-resident
17dealer to proceed to sell such brands at wholesale, and (iii)
18the non-resident dealer shall comply with the provisions of
19Sections 6-5 and 6-6 of this Act to the same extent that these
20provisions apply to manufacturers. No person licensed as a
21non-resident dealer shall be granted a distributor's or
22importing distributor's license.
23    (n) A brew pub license shall allow the licensee to only (i)
24manufacture up to 155,000 gallons of beer per year only on the
25premises specified in the license, (ii) make sales of the beer
26manufactured on the premises or, with the approval of the

 

 

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1Commission, beer manufactured on another brew pub licensed
2premises that is wholly owned and operated by the same licensee
3to importing distributors, distributors, and to non-licensees
4for use and consumption, (iii) store the beer upon the
5premises, (iv) sell and offer for sale at retail from the
6licensed premises for off-premises consumption no more than
7155,000 gallons per year so long as such sales are only made
8in-person, (v) sell and offer for sale at retail for use and
9consumption on the premises specified in the license any form
10of alcoholic liquor purchased from a licensed distributor or
11importing distributor, (vi) with the prior approval of the
12Commission, annually transfer no more than 155,000 gallons of
13beer manufactured on the premises to a licensed brew pub wholly
14owned and operated by the same licensee, and (vii)
15notwithstanding item (i) of this subsection, brew pubs wholly
16owned and operated by the same licensee may combine each
17location's production limit of 155,000 gallons of beer per year
18and allocate the aggregate total between the wholly owned,
19operated, and licensed locations.
20    A brew pub licensee shall not under any circumstance sell
21or offer for sale beer manufactured by the brew pub licensee to
22retail licensees.
23    A person who holds a class 2 brewer license may
24simultaneously hold a brew pub license if the class 2 brewer
25(i) does not, under any circumstance, sell or offer for sale
26beer manufactured by the class 2 brewer to retail licensees;

 

 

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1(ii) does not hold more than 3 brew pub licenses in this State;
2(iii) does not manufacture more than a combined 3,720,000
3gallons of beer per year, including the beer manufactured at
4the brew pub; and (iv) is not a member of or affiliated with,
5directly or indirectly, a manufacturer that produces more than
63,720,000 gallons of beer per year or any other alcoholic
7liquor.
8    Notwithstanding any other provision of this Act, a licensed
9brewer, class 2 brewer, or non-resident dealer who before July
101, 2015 manufactured less than 3,720,000 gallons of beer per
11year and held a brew pub license on or before July 1, 2015 may
12(i) continue to qualify for and hold that brew pub license for
13the licensed premises and (ii) manufacture more than 3,720,000
14gallons of beer per year and continue to qualify for and hold
15that brew pub license if that brewer, class 2 brewer, or
16non-resident dealer does not simultaneously hold a class 1
17brewer license and is not a member of or affiliated with,
18directly or indirectly, a manufacturer that produces more than
193,720,000 gallons of beer per year or that produces any other
20alcoholic liquor.
21    (o) A caterer retailer license shall allow the holder to
22serve alcoholic liquors as an incidental part of a food service
23that serves prepared meals which excludes the serving of snacks
24as the primary meal, either on or off-site whether licensed or
25unlicensed. A caterer retailer license shall allow the holder,
26a distributor, or an importing distributor to transfer any

 

 

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1inventory to and from the holder's retail premises and shall
2allow the holder to purchase alcoholic liquor from a
3distributor or importing distributor to be delivered directly
4to an off-site event.
5    Nothing in this Act prohibits a distributor or importing
6distributor from offering credit or a refund for unused,
7salable beer to a holder of a caterer retailer license or a
8caterer retailer licensee from accepting a credit or refund for
9unused, salable beer, in the event an act of God is the sole
10reason an off-site event is cancelled and if: (i) the holder of
11a caterer retailer license has not transferred alcoholic liquor
12from its caterer retailer premises to an off-site location;
13(ii) the distributor or importing distributor offers the credit
14or refund for the unused, salable beer that it delivered to the
15off-site premises and not for any unused, salable beer that the
16distributor or importing distributor delivered to the caterer
17retailer's premises; and (iii) the unused, salable beer would
18likely spoil if transferred to the caterer retailer's premises.
19A caterer retailer license shall allow the holder to transfer
20any inventory from any off-site location to its caterer
21retailer premises at the conclusion of an off-site event or
22engage a distributor or importing distributor to transfer any
23inventory from any off-site location to its caterer retailer
24premises at the conclusion of an off-site event, provided that
25the distributor or importing distributor issues bona fide
26charges to the caterer retailer licensee for fuel, labor, and

 

 

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1delivery and the distributor or importing distributor collects
2payment from the caterer retailer licensee prior to the
3distributor or importing distributor transferring inventory to
4the caterer retailer premises.
5    For purposes of this subsection (o), an "act of God" means
6an unforeseeable event, such as a rain or snow storm, hail, a
7flood, or a similar event, that is the sole cause of the
8cancellation of an off-site, outdoor event.
9    (p) An auction liquor license shall allow the licensee to
10sell and offer for sale at auction wine and spirits for use or
11consumption, or for resale by an Illinois liquor licensee in
12accordance with provisions of this Act. An auction liquor
13license will be issued to a person and it will permit the
14auction liquor licensee to hold the auction anywhere in the
15State. An auction liquor license must be obtained for each
16auction at least 14 days in advance of the auction date.
17    (q) A special use permit license shall allow an Illinois
18licensed retailer to transfer a portion of its alcoholic liquor
19inventory from its retail licensed premises to the premises
20specified in the license hereby created; to purchase alcoholic
21liquor from a distributor or importing distributor to be
22delivered directly to the location specified in the license
23hereby created; and to sell or offer for sale at retail, only
24in the premises specified in the license hereby created, the
25transferred or delivered alcoholic liquor for use or
26consumption, but not for resale in any form. A special use

 

 

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1permit license may be granted for the following time periods:
2one day or less; 2 or more days to a maximum of 15 days per
3location in any 12-month period. An applicant for the special
4use permit license must also submit with the application proof
5satisfactory to the State Commission that the applicant will
6provide dram shop liability insurance to the maximum limits and
7have local authority approval.
8    A special use permit license shall allow the holder to
9transfer any inventory from the holder's special use premises
10to its retail premises at the conclusion of the special use
11event or engage a distributor or importing distributor to
12transfer any inventory from the holder's special use premises
13to its retail premises at the conclusion of an off-site event,
14provided that the distributor or importing distributor issues
15bona fide charges to the special use permit licensee for fuel,
16labor, and delivery and the distributor or importing
17distributor collects payment from the retail licensee prior to
18the distributor or importing distributor transferring
19inventory to the retail premises.
20    Nothing in this Act prohibits a distributor or importing
21distributor from offering credit or a refund for unused,
22salable beer to a special use permit licensee or a special use
23permit licensee from accepting a credit or refund for unused,
24salable beer at the conclusion of the event specified in the
25license if: (i) the holder of the special use permit license
26has not transferred alcoholic liquor from its retail licensed

 

 

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1premises to the premises specified in the special use permit
2license; (ii) the distributor or importing distributor offers
3the credit or refund for the unused, salable beer that it
4delivered to the premises specified in the special use permit
5license and not for any unused, salable beer that the
6distributor or importing distributor delivered to the
7retailer's premises; and (iii) the unused, salable beer would
8likely spoil if transferred to the retailer premises.
9    (r) A winery shipper's license shall allow a person with a
10first-class or second-class wine manufacturer's license, a
11first-class or second-class wine-maker's license, or a limited
12wine manufacturer's license or who is licensed to make wine
13under the laws of another state to ship wine made by that
14licensee directly to a resident of this State who is 21 years
15of age or older for that resident's personal use and not for
16resale. Prior to receiving a winery shipper's license, an
17applicant for the license must provide the Commission with a
18true copy of its current license in any state in which it is
19licensed as a manufacturer of wine. An applicant for a winery
20shipper's license must also complete an application form that
21provides any other information the Commission deems necessary.
22The application form shall include all addresses from which the
23applicant for a winery shipper's license intends to ship wine,
24including the name and address of any third party, except for a
25common carrier, authorized to ship wine on behalf of the
26manufacturer. The application form shall include an

 

 

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1acknowledgement consenting to the jurisdiction of the
2Commission, the Illinois Department of Revenue, and the courts
3of this State concerning the enforcement of this Act and any
4related laws, rules, and regulations, including authorizing
5the Department of Revenue and the Commission to conduct audits
6for the purpose of ensuring compliance with Public Act 95-634,
7and an acknowledgement that the wine manufacturer is in
8compliance with Section 6-2 of this Act. Any third party,
9except for a common carrier, authorized to ship wine on behalf
10of a first-class or second-class wine manufacturer's licensee,
11a first-class or second-class wine-maker's licensee, a limited
12wine manufacturer's licensee, or a person who is licensed to
13make wine under the laws of another state shall also be
14disclosed by the winery shipper's licensee, and a copy of the
15written appointment of the third-party wine provider, except
16for a common carrier, to the wine manufacturer shall be filed
17with the State Commission as a supplement to the winery
18shipper's license application or any renewal thereof. The
19winery shipper's license holder shall affirm under penalty of
20perjury, as part of the winery shipper's license application or
21renewal, that he or she only ships wine, either directly or
22indirectly through a third-party provider, from the licensee's
23own production.
24    Except for a common carrier, a third-party provider
25shipping wine on behalf of a winery shipper's license holder is
26the agent of the winery shipper's license holder and, as such,

 

 

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1a winery shipper's license holder is responsible for the acts
2and omissions of the third-party provider acting on behalf of
3the license holder. A third-party provider, except for a common
4carrier, that engages in shipping wine into Illinois on behalf
5of a winery shipper's license holder shall consent to the
6jurisdiction of the State Commission and the State. Any
7third-party, except for a common carrier, holding such an
8appointment shall, by February 1 of each calendar year and upon
9request by the State Commission or the Department of Revenue,
10file with the State Commission a statement detailing each
11shipment made to an Illinois resident. The statement shall
12include the name and address of the third-party provider filing
13the statement, the time period covered by the statement, and
14the following information:
15        (1) the name, address, and license number of the winery
16    shipper on whose behalf the shipment was made;
17        (2) the quantity of the products delivered; and
18        (3) the date and address of the shipment.
19If the Department of Revenue or the State Commission requests a
20statement under this paragraph, the third-party provider must
21provide that statement no later than 30 days after the request
22is made. Any books, records, supporting papers, and documents
23containing information and data relating to a statement under
24this paragraph shall be kept and preserved for a period of 3
25years, unless their destruction sooner is authorized, in
26writing, by the Director of Revenue, and shall be open and

 

 

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1available to inspection by the Director of Revenue or the State
2Commission or any duly authorized officer, agent, or employee
3of the State Commission or the Department of Revenue, at all
4times during business hours of the day. Any person who violates
5any provision of this paragraph or any rule of the State
6Commission for the administration and enforcement of the
7provisions of this paragraph is guilty of a Class C
8misdemeanor. In case of a continuing violation, each day's
9continuance thereof shall be a separate and distinct offense.
10    The State Commission shall adopt rules as soon as
11practicable to implement the requirements of Public Act 99-904
12and shall adopt rules prohibiting any such third-party
13appointment of a third-party provider, except for a common
14carrier, that has been deemed by the State Commission to have
15violated the provisions of this Act with regard to any winery
16shipper licensee.
17    A winery shipper licensee must pay to the Department of
18Revenue the State liquor gallonage tax under Section 8-1 for
19all wine that is sold by the licensee and shipped to a person
20in this State. For the purposes of Section 8-1, a winery
21shipper licensee shall be taxed in the same manner as a
22manufacturer of wine. A licensee who is not otherwise required
23to register under the Retailers' Occupation Tax Act must
24register under the Use Tax Act to collect and remit use tax to
25the Department of Revenue for all gallons of wine that are sold
26by the licensee and shipped to persons in this State. If a

 

 

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1licensee fails to remit the tax imposed under this Act in
2accordance with the provisions of Article VIII of this Act, the
3winery shipper's license shall be revoked in accordance with
4the provisions of Article VII of this Act. If a licensee fails
5to properly register and remit tax under the Use Tax Act or the
6Retailers' Occupation Tax Act for all wine that is sold by the
7winery shipper and shipped to persons in this State, the winery
8shipper's license shall be revoked in accordance with the
9provisions of Article VII of this Act.
10    A winery shipper licensee must collect, maintain, and
11submit to the Commission on a semi-annual basis the total
12number of cases per resident of wine shipped to residents of
13this State. A winery shipper licensed under this subsection (r)
14must comply with the requirements of Section 6-29 of this Act.
15    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
16Section 3-12, the State Commission may receive, respond to, and
17investigate any complaint and impose any of the remedies
18specified in paragraph (1) of subsection (a) of Section 3-12.
19    As used in this subsection, "third-party provider" means
20any entity that provides fulfillment house services, including
21warehousing, packaging, distribution, order processing, or
22shipment of wine, but not the sale of wine, on behalf of a
23licensed winery shipper.
24    (s) A craft distiller tasting permit license shall allow an
25Illinois licensed class 1 craft distiller or class 2 craft
26distiller to transfer a portion of its alcoholic liquor

 

 

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1inventory from its class 1 craft distiller or class 2 craft
2distiller licensed premises to the premises specified in the
3license hereby created and to conduct a sampling, only in the
4premises specified in the license hereby created, of the
5transferred alcoholic liquor in accordance with subsection (c)
6of Section 6-31 of this Act. The transferred alcoholic liquor
7may not be sold or resold in any form. An applicant for the
8craft distiller tasting permit license must also submit with
9the application proof satisfactory to the State Commission that
10the applicant will provide dram shop liability insurance to the
11maximum limits and have local authority approval.
12    (t) A brewer warehouse permit may be issued to the holder
13of a class 1 brewer license or a class 2 brewer license. If the
14holder of the permit is a class 1 brewer licensee, the brewer
15warehouse permit shall allow the holder to store or warehouse
16up to 930,000 gallons of tax-determined beer manufactured by
17the holder of the permit at the premises specified on the
18permit. If the holder of the permit is a class 2 brewer
19licensee, the brewer warehouse permit shall allow the holder to
20store or warehouse up to 3,720,000 gallons of tax-determined
21beer manufactured by the holder of the permit at the premises
22specified on the permit. Sales to non-licensees are prohibited
23at the premises specified in the brewer warehouse permit.
24    (u) A distilling pub license shall allow the licensee to
25only (i) manufacture up to 5,000 gallons of spirits per year
26only on the premises specified in the license, (ii) make sales

 

 

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1of the spirits manufactured on the premises or, with the
2approval of the State Commission, spirits manufactured on
3another distilling pub licensed premises that is wholly owned
4and operated by the same licensee to importing distributors and
5distributors and to non-licensees for use and consumption,
6(iii) store the spirits upon the premises, (iv) sell and offer
7for sale at retail from the licensed premises for off-premises
8consumption no more than 5,000 gallons per year so long as such
9sales are only made in-person, (v) sell and offer for sale at
10retail for use and consumption on the premises specified in the
11license any form of alcoholic liquor purchased from a licensed
12distributor or importing distributor, and (vi) with the prior
13approval of the State Commission, annually transfer no more
14than 5,000 gallons of spirits manufactured on the premises to a
15licensed distilling pub wholly owned and operated by the same
16licensee.
17    A distilling pub licensee shall not under any circumstance
18sell or offer for sale spirits manufactured by the distilling
19pub licensee to retail licensees.
20    A person who holds a class 2 craft distiller license may
21simultaneously hold a distilling pub license if the class 2
22craft distiller (i) does not, under any circumstance, sell or
23offer for sale spirits manufactured by the class 2 craft
24distiller to retail licensees; (ii) does not hold more than 3
25distilling pub licenses in this State; (iii) does not
26manufacture more than a combined 100,000 gallons of spirits per

 

 

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1year, including the spirits manufactured at the distilling pub;
2and (iv) is not a member of or affiliated with, directly or
3indirectly, a manufacturer that produces more than 100,000
4gallons of spirits per year or any other alcoholic liquor.
5    (v) A craft distiller warehouse permit may be issued to the
6holder of a class 1 craft distiller or class 2 craft distiller
7license. The craft distiller warehouse permit shall allow the
8holder to store or warehouse up to 500,000 gallons of spirits
9manufactured by the holder of the permit at the premises
10specified on the permit. Sales to non-licensees are prohibited
11at the premises specified in the craft distiller warehouse
12permit.
13(Source: P.A. 100-17, eff. 6-30-17; 100-201, eff. 8-18-17;
14100-816, eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff.
158-23-18; 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; 101-81,
16eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. 8-23-19;
17revised 9-19-19.)
 
18    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
19    Sec. 5-3. License fees. Except as otherwise provided
20herein, at the time application is made to the State Commission
21for a license of any class, the applicant shall pay to the
22State Commission the fee hereinafter provided for the kind of
23license applied for.
24    The fee for licenses issued by the State Commission shall
25be as follows:

 

 

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1OnlineInitial
2renewallicense
3 or
4 non-online
5 renewal
6    For a manufacturer's license:
7    Class 1. Distiller .................$4,000$5,000
8    Class 2. Rectifier .................4,000 5,000
9    Class 3. Brewer ....................1,200 1,500
10    Class 4. First-class Wine
11        Manufacturer ...................750900
12    Class 5. Second-class
13        Wine Manufacturer ..............1,500 1,750
14    Class 6. First-class wine-maker ....750 900
15    Class 7. Second-class wine-maker ...1,500 1,750
16    Class 8. Limited Wine
17        Manufacturer....................250 350
18    Class 9. Craft Distiller............ $2,000 $2,500
19    Class 10 9. Class 1 Craft Distiller.. 50 75
20    Class 11 10. Class 2 Craft Distiller. 75 100
21    Class 12 11. Class 1 Brewer..........50 75
22    Class 13 12. Class 2 Brewer.......... 75 100
23    For a Brew Pub License..............1,2001,500
24    For a Distilling Pub License........ 1,200 1,500
25    For a caterer retailer's license....350 500
26    For a foreign importer's license ...25 25

 

 

HB1271 Enrolled- 35 -LRB101 03465 JRG 48473 b

1    For an importing distributor's
2        license.........................2525
3    For a distributor's license
4        (11,250,000 gallons
5        or over)........................1,4502,200
6    For a distributor's license
7        (over 4,500,000 gallons, but
8        under 11,250,000 gallons)....... 9501,450
9    For a distributor's license
10        (4,500,000 gallons or under)....300450
11    For a non-resident dealer's license
12        (500,000 gallons or over) ......1,200 1,500
13    For a non-resident dealer's license
14        (under 500,000 gallons) ........250 350
15    For a wine-maker's premises
16        license ........................250500
17    For a winery shipper's license
18        (under 250,000 gallons).........200 350
19    For a winery shipper's license
20        (250,000 or over, but
21        under 500,000 gallons)..........7501,000
22    For a winery shipper's license
23        (500,000 gallons or over).......1,200 1,500
24    For a wine-maker's premises license,
25        second location ................500 1,000
26    For a wine-maker's premises license,

 

 

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1        third location .................5001,000
2    For a retailer's license ...........600 750
3    For a special event retailer's
4        license, (not-for-profit) ......25 25
5    For a special use permit license,
6        one day only ...................100 150
7        2 days or more .................150 250
8    For a railroad license .............100 150
9    For a boat license .................500 1,000
10    For an airplane license, times the
11        licensee's maximum number of
12        aircraft in flight, serving
13        liquor over the State at any
14        given time, which either
15        originate, terminate, or make
16        an intermediate stop in
17        the State.......................100150
18    For a non-beverage user's license:
19        Class 1 ........................2424
20        Class 2 ........................6060
21        Class 3 ........................120120
22        Class 4 ........................240240
23        Class 5 ........................600600
24    For a broker's license .............750 1,000
25    For an auction liquor license ......100 150
26    For a homebrewer special

 

 

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1        event permit....................2525
2    For a craft distiller
3        tasting permit..................25 25
4    For a BASSET trainer license........ 300 350
5    For a tasting representative
6        license.........................200300
7    For a brewer warehouse permit....... 2525
8    For a craft distiller
9        warehouse permit...............25 25
10    Fees collected under this Section shall be paid into the
11Dram Shop Fund. On and after July 1, 2003 and until June 30,
122016, of the funds received for a retailer's license, in
13addition to the first $175, an additional $75 shall be paid
14into the Dram Shop Fund, and $250 shall be paid into the
15General Revenue Fund. On and after June 30, 2016, one-half of
16the funds received for a retailer's license shall be paid into
17the Dram Shop Fund and one-half of the funds received for a
18retailer's license shall be paid into the General Revenue Fund.
19Beginning June 30, 1990 and on June 30 of each subsequent year
20through June 29, 2003, any balance over $5,000,000 remaining in
21the Dram Shop Fund shall be credited to State liquor licensees
22and applied against their fees for State liquor licenses for
23the following year. The amount credited to each licensee shall
24be a proportion of the balance in the Dram Fund that is the
25same as the proportion of the license fee paid by the licensee
26under this Section for the period in which the balance was

 

 

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1accumulated to the aggregate fees paid by all licensees during
2that period.
3    No fee shall be paid for licenses issued by the State
4Commission to the following non-beverage users:
5        (a) Hospitals, sanitariums, or clinics when their use
6    of alcoholic liquor is exclusively medicinal, mechanical
7    or scientific.
8        (b) Universities, colleges of learning or schools when
9    their use of alcoholic liquor is exclusively medicinal,
10    mechanical or scientific.
11        (c) Laboratories when their use is exclusively for the
12    purpose of scientific research.
13(Source: P.A. 100-201, eff. 8-18-17; 100-816, eff. 8-13-18;
14101-482, eff. 8-23-19.)
 
15    (235 ILCS 5/6-4)  (from Ch. 43, par. 121)
16    Sec. 6-4. (a) No person licensed by any licensing authority
17as a distiller, or a wine manufacturer, or any subsidiary or
18affiliate thereof, or any officer, associate, member, partner,
19representative, employee, agent or shareholder owning more
20than 5% of the outstanding shares of such person shall be
21issued an importing distributor's or distributor's license,
22nor shall any person licensed by any licensing authority as an
23importing distributor, distributor or retailer, or any
24subsidiary or affiliate thereof, or any officer or associate,
25member, partner, representative, employee, agent or

 

 

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1shareholder owning more than 5% of the outstanding shares of
2such person be issued a distiller's license, a craft
3distiller's license, or a wine manufacturer's license; and no
4person or persons licensed as a distiller, craft distiller,
5class 1 craft distiller, or class 2 craft distiller by any
6licensing authority shall have any interest, directly or
7indirectly, with such distributor or importing distributor.
8    However, an importing distributor or distributor, which on
9January 1, 1985 is owned by a brewer, or any subsidiary or
10affiliate thereof or any officer, associate, member, partner,
11representative, employee, agent or shareholder owning more
12than 5% of the outstanding shares of the importing distributor
13or distributor referred to in this paragraph, may own or
14acquire an ownership interest of more than 5% of the
15outstanding shares of a wine manufacturer and be issued a wine
16manufacturer's license by any licensing authority.
17    (b) The foregoing provisions shall not apply to any person
18licensed by any licensing authority as a distiller or wine
19manufacturer, or to any subsidiary or affiliate of any
20distiller or wine manufacturer who shall have been heretofore
21licensed by the State Commission as either an importing
22distributor or distributor during the annual licensing period
23expiring June 30, 1947, and shall actually have made sales
24regularly to retailers.
25    (c) Provided, however, that in such instances where a
26distributor's or importing distributor's license has been

 

 

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1issued to any distiller or wine manufacturer or to any
2subsidiary or affiliate of any distiller or wine manufacturer
3who has, during the licensing period ending June 30, 1947, sold
4or distributed as such licensed distributor or importing
5distributor alcoholic liquors and wines to retailers, such
6distiller or wine manufacturer or any subsidiary or affiliate
7of any distiller or wine manufacturer holding such
8distributor's or importing distributor's license may continue
9to sell or distribute to retailers such alcoholic liquors and
10wines which are manufactured, distilled, processed or marketed
11by distillers and wine manufacturers whose products it sold or
12distributed to retailers during the whole or any part of its
13licensing periods; and such additional brands and additional
14products may be added to the line of such distributor or
15importing distributor, provided, that such brands and such
16products were not sold or distributed by any distributor or
17importing distributor licensed by the State Commission during
18the licensing period ending June 30, 1947, but can not sell or
19distribute to retailers any other alcoholic liquors or wines.
20    (d) It shall be unlawful for any distiller licensed
21anywhere to have any stock ownership or interest in any
22distributor's or importing distributor's license wherein any
23other person has an interest therein who is not a distiller and
24does not own more than 5% of any stock in any distillery.
25Nothing herein contained shall apply to such distillers or
26their subsidiaries or affiliates, who had a distributor's or

 

 

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1importing distributor's license during the licensing period
2ending June 30, 1947, which license was owned in whole by such
3distiller, or subsidiaries or affiliates of such distiller.
4    (e) Any person licensed as a brewer, class 1 brewer, or
5class 2 brewer shall be permitted to sell on the licensed
6premises to non-licensees for on or off-premises consumption
7for the premises in which he or she actually conducts such
8business: (i) beer manufactured by the brewer, class 1 brewer,
9or class 2 brewer; (ii) beer manufactured by any other brewer,
10class 1 brewer, or class 2 brewer; and (iii) cider. Such sales
11shall be limited to on-premises, in-person sales only, for
12lawful consumption on or off premises. Such authorization shall
13be considered a privilege granted by the brewer license and,
14other than a manufacturer of beer as stated above, no
15manufacturer or distributor or importing distributor,
16excluding airplane licensees exercising powers provided in
17paragraph (i) of Section 5-1 of this Act, or any subsidiary or
18affiliate thereof, or any officer, associate, member, partner,
19representative, employee or agent, or shareholder shall be
20issued a retailer's license, nor shall any person having a
21retailer's license, excluding airplane licensees exercising
22powers provided in paragraph (i) of Section 5-1 of this Act, or
23any subsidiary or affiliate thereof, or any officer, associate,
24member, partner, representative or agent, or shareholder be
25issued a manufacturer's license or importing distributor's
26license.

 

 

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1    A manufacturer of beer that imports or transfers beer into
2this State must comply with Sections 6-8 and 8-1 of this Act.
3    A person who holds a class 1 or class 2 brewer license and
4is authorized by this Section to sell beer to non-licensees
5shall not sell beer to non-licensees from more than 3 total
6brewer or commonly owned brew pub licensed locations in this
7State. The class 1 or class 2 brewer shall designate to the
8State Commission the brewer or brew pub locations from which it
9will sell beer to non-licensees.
10    A person licensed as a class 1 craft distiller or a class 2
11craft distiller, including a person who holds more than one
12class 1 craft distiller or class 2 craft distiller license, not
13affiliated with any other person manufacturing spirits may be
14authorized by the State Commission to sell (1) up to 5,000
15gallons of spirits produced by the person to non-licensees for
16on or off-premises consumption for the premises in which he or
17she actually conducts business permitting only the retail sale
18of spirits manufactured at such premises and (2) vermouth
19purchased through a licensed distributor for on-premises
20consumption. Such sales shall be limited to on-premises,
21in-person sales only, for lawful consumption on or off
22premises, and such authorization shall be considered a
23privilege granted by the class 1 craft distiller or class 2
24craft distiller license. A class 1 craft distiller or class 2
25craft distiller licensed for retail sale shall secure liquor
26liability insurance coverage in an amount at least equal to the

 

 

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1maximum liability amounts set forth in subsection (a) of
2Section 6-21 of this Act.
3    A class 1 craft distiller or class 2 craft distiller
4license holder shall not deliver any alcoholic liquor to any
5non-licensee off the licensed premises. A class 1 craft
6distiller or class 2 craft distiller shall affirm in its annual
7license application that it does not produce more than 50,000
8or 100,000 gallons of distilled spirits annually, whichever is
9applicable, and that the craft distiller does not sell more
10than 5,000 gallons of spirits to non-licensees for on or
11off-premises consumption. In the application, which shall be
12sworn under penalty of perjury, the class 1 craft distiller or
13class 2 craft distiller shall state the volume of production
14and sales for each year since the class 1 craft distiller's or
15class 2 craft distiller's establishment.
16    A person who holds a class 1 craft distiller or class 2
17craft distiller license and is authorized by this Section to
18sell spirits to non-licensees shall not sell spirits to
19non-licensees from more than 3 total distillery or commonly
20owned distilling pub licensed locations in this State. The
21class 1 craft distiller or class 2 craft distiller shall
22designate to the State Commission the distillery or distilling
23pub locations from which it will sell spirits to non-licensees.
24    (f) (Blank).
25    (g) Notwithstanding any of the foregoing prohibitions, a
26limited wine manufacturer may sell at retail at its

 

 

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1manufacturing site for on or off premises consumption and may
2sell to distributors. A limited wine manufacturer licensee
3shall secure liquor liability insurance coverage in an amount
4at least equal to the maximum liability amounts set forth in
5subsection (a) of Section 6-21 of this Act.
6    (h) The changes made to this Section by Public Act 99-47
7shall not diminish or impair the rights of any person, whether
8a distiller, wine manufacturer, agent, or affiliate thereof,
9who requested in writing and submitted documentation to the
10State Commission on or before February 18, 2015 to be approved
11for a retail license pursuant to what has heretofore been
12subsection (f); provided that, on or before that date, the
13State Commission considered the intent of that person to apply
14for the retail license under that subsection and, by recorded
15vote, the State Commission approved a resolution indicating
16that such a license application could be lawfully approved upon
17that person duly filing a formal application for a retail
18license and if that person, within 90 days of the State
19Commission appearance and recorded vote, first filed an
20application with the appropriate local commission, which
21application was subsequently approved by the appropriate local
22commission prior to consideration by the State Commission of
23that person's application for a retail license. It is further
24provided that the State Commission may approve the person's
25application for a retail license or renewals of such license if
26such person continues to diligently adhere to all

 

 

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1representations made in writing to the State Commission on or
2before February 18, 2015, or thereafter, or in the affidavit
3filed by that person with the State Commission to support the
4issuance of a retail license and to abide by all applicable
5laws and duly adopted rules.
6(Source: P.A. 100-201, eff. 8-18-17; 100-816, eff. 8-13-18;
7100-885, eff. 8-14-18; 101-81, eff. 7-12-19; 101-482, eff.
88-23-19.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.