Illinois General Assembly - Full Text of SB0297
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Full Text of SB0297  102nd General Assembly

SB0297eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0297 EngrossedLRB102 15534 RPS 20897 b

1    AN ACT concerning liquor.
 
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 1-3.03, 3-12, 5-1, and 6-4 as follows:
 
6    (235 ILCS 5/1-3.03)  (from Ch. 43, par. 95.03)
7    Sec. 1-3.03. "Wine" means any alcoholic beverage obtained
8by the fermentation of the natural contents of fruits, or
9vegetables, or honey, containing sugar, including mead and
10such beverages when fortified by the addition of alcohol or
11spirits, as above defined.
12(Source: P.A. 82-783.)
 
13    (235 ILCS 5/3-12)
14    Sec. 3-12. Powers and duties of State Commission.
15    (a) The State Commission shall have the following powers,
16functions, and duties:
17        (1) To receive applications and to issue licenses to
18    manufacturers, foreign importers, importing distributors,
19    distributors, non-resident dealers, on premise consumption
20    retailers, off premise sale retailers, special event
21    retailer licensees, special use permit licenses, auction
22    liquor licenses, brew pubs, caterer retailers,

 

 

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1    non-beverage users, railroads, including owners and
2    lessees of sleeping, dining and cafe cars, airplanes,
3    boats, brokers, and wine maker's premises licensees in
4    accordance with the provisions of this Act, and to suspend
5    or revoke such licenses upon the State Commission's
6    determination, upon notice after hearing, that a licensee
7    has violated any provision of this Act or any rule or
8    regulation issued pursuant thereto and in effect for 30
9    days prior to such violation. Except in the case of an
10    action taken pursuant to a violation of Section 6-3, 6-5,
11    or 6-9, any action by the State Commission to suspend or
12    revoke a licensee's license may be limited to the license
13    for the specific premises where the violation occurred. An
14    action for a violation of this Act shall be commenced by
15    the State Commission within 2 years after the date the
16    State Commission becomes aware of the violation.
17        In lieu of suspending or revoking a license, the
18    commission may impose a fine, upon the State Commission's
19    determination and notice after hearing, that a licensee
20    has violated any provision of this Act or any rule or
21    regulation issued pursuant thereto and in effect for 30
22    days prior to such violation.
23        For the purpose of this paragraph (1), when
24    determining multiple violations for the sale of alcohol to
25    a person under the age of 21, a second or subsequent
26    violation for the sale of alcohol to a person under the age

 

 

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1    of 21 shall only be considered if it was committed within 5
2    years after the date when a prior violation for the sale of
3    alcohol to a person under the age of 21 was committed.
4        The fine imposed under this paragraph may not exceed
5    $500 for each violation. Each day that the activity, which
6    gave rise to the original fine, continues is a separate
7    violation. The maximum fine that may be levied against any
8    licensee, for the period of the license, shall not exceed
9    $20,000. The maximum penalty that may be imposed on a
10    licensee for selling a bottle of alcoholic liquor with a
11    foreign object in it or serving from a bottle of alcoholic
12    liquor with a foreign object in it shall be the
13    destruction of that bottle of alcoholic liquor for the
14    first 10 bottles so sold or served from by the licensee.
15    For the eleventh bottle of alcoholic liquor and for each
16    third bottle thereafter sold or served from by the
17    licensee with a foreign object in it, the maximum penalty
18    that may be imposed on the licensee is the destruction of
19    the bottle of alcoholic liquor and a fine of up to $50.
20        Any notice issued by the State Commission to a
21    licensee for a violation of this Act or any notice with
22    respect to settlement or offer in compromise shall include
23    the field report, photographs, and any other supporting
24    documentation necessary to reasonably inform the licensee
25    of the nature and extent of the violation or the conduct
26    alleged to have occurred. The failure to include such

 

 

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1    required documentation shall result in the dismissal of
2    the action.
3        (2) To adopt such rules and regulations consistent
4    with the provisions of this Act which shall be necessary
5    to carry on its functions and duties to the end that the
6    health, safety and welfare of the People of the State of
7    Illinois shall be protected and temperance in the
8    consumption of alcoholic liquors shall be fostered and
9    promoted and to distribute copies of such rules and
10    regulations to all licensees affected thereby.
11        (3) To call upon other administrative departments of
12    the State, county and municipal governments, county and
13    city police departments and upon prosecuting officers for
14    such information and assistance as it deems necessary in
15    the performance of its duties.
16        (4) To recommend to local commissioners rules and
17    regulations, not inconsistent with the law, for the
18    distribution and sale of alcoholic liquors throughout the
19    State.
20        (5) To inspect, or cause to be inspected, any premises
21    in this State where alcoholic liquors are manufactured,
22    distributed, warehoused, or sold. Nothing in this Act
23    authorizes an agent of the State Commission to inspect
24    private areas within the premises without reasonable
25    suspicion or a warrant during an inspection. "Private
26    areas" include, but are not limited to, safes, personal

 

 

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1    property, and closed desks.
2        (5.1) Upon receipt of a complaint or upon having
3    knowledge that any person is engaged in business as a
4    manufacturer, importing distributor, distributor, or
5    retailer without a license or valid license, to conduct an
6    investigation. If, after conducting an investigation, the
7    State Commission is satisfied that the alleged conduct
8    occurred or is occurring, it may issue a cease and desist
9    notice as provided in this Act, impose civil penalties as
10    provided in this Act, notify the local liquor authority,
11    or file a complaint with the State's Attorney's Office of
12    the county where the incident occurred or the Attorney
13    General.
14        (5.2) Upon receipt of a complaint or upon having
15    knowledge that any person is shipping alcoholic liquor
16    into this State from a point outside of this State if the
17    shipment is in violation of this Act, to conduct an
18    investigation. If, after conducting an investigation, the
19    State Commission is satisfied that the alleged conduct
20    occurred or is occurring, it may issue a cease and desist
21    notice as provided in this Act, impose civil penalties as
22    provided in this Act, notify the foreign jurisdiction, or
23    file a complaint with the State's Attorney's Office of the
24    county where the incident occurred or the Attorney
25    General.
26        (5.3) To receive complaints from licensees, local

 

 

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1    officials, law enforcement agencies, organizations, and
2    persons stating that any licensee has been or is violating
3    any provision of this Act or the rules and regulations
4    issued pursuant to this Act. Such complaints shall be in
5    writing, signed and sworn to by the person making the
6    complaint, and shall state with specificity the facts in
7    relation to the alleged violation. If the State Commission
8    has reasonable grounds to believe that the complaint
9    substantially alleges a violation of this Act or rules and
10    regulations adopted pursuant to this Act, it shall conduct
11    an investigation. If, after conducting an investigation,
12    the State Commission is satisfied that the alleged
13    violation did occur, it shall proceed with disciplinary
14    action against the licensee as provided in this Act.
15        (5.4) To make arrests and issue notices of civil
16    violations where necessary for the enforcement of this
17    Act.
18        (5.5) To investigate any and all unlicensed activity.
19        (5.6) To impose civil penalties or fines to any person
20    who, without holding a valid license, engages in conduct
21    that requires a license pursuant to this Act, in an amount
22    not to exceed $20,000 for each offense as determined by
23    the State Commission. A civil penalty shall be assessed by
24    the State Commission after a hearing is held in accordance
25    with the provisions set forth in this Act regarding the
26    provision of a hearing for the revocation or suspension of

 

 

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1    a license.
2        (6) To hear and determine appeals from orders of a
3    local commission in accordance with the provisions of this
4    Act, as hereinafter set forth. Hearings under this
5    subsection shall be held in Springfield or Chicago, at
6    whichever location is the more convenient for the majority
7    of persons who are parties to the hearing.
8        (7) The State Commission shall establish uniform
9    systems of accounts to be kept by all retail licensees
10    having more than 4 employees, and for this purpose the
11    State Commission may classify all retail licensees having
12    more than 4 employees and establish a uniform system of
13    accounts for each class and prescribe the manner in which
14    such accounts shall be kept. The State Commission may also
15    prescribe the forms of accounts to be kept by all retail
16    licensees having more than 4 employees, including, but not
17    limited to, accounts of earnings and expenses and any
18    distribution, payment, or other distribution of earnings
19    or assets, and any other forms, records, and memoranda
20    which in the judgment of the commission may be necessary
21    or appropriate to carry out any of the provisions of this
22    Act, including, but not limited to, such forms, records,
23    and memoranda as will readily and accurately disclose at
24    all times the beneficial ownership of such retail licensed
25    business. The accounts, forms, records, and memoranda
26    shall be available at all reasonable times for inspection

 

 

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1    by authorized representatives of the State Commission or
2    by any local liquor control commissioner or his or her
3    authorized representative. The commission, may, from time
4    to time, alter, amend, or repeal, in whole or in part, any
5    uniform system of accounts, or the form and manner of
6    keeping accounts.
7        (8) In the conduct of any hearing authorized to be
8    held by the State Commission, to appoint, at the
9    commission's discretion, hearing officers to conduct
10    hearings involving complex issues or issues that will
11    require a protracted period of time to resolve, to
12    examine, or cause to be examined, under oath, any
13    licensee, and to examine or cause to be examined the books
14    and records of such licensee; to hear testimony and take
15    proof material for its information in the discharge of its
16    duties hereunder; to administer or cause to be
17    administered oaths; for any such purpose to issue subpoena
18    or subpoenas to require the attendance of witnesses and
19    the production of books, which shall be effective in any
20    part of this State, and to adopt rules to implement its
21    powers under this paragraph (8).
22        Any circuit court may, by order duly entered, require
23    the attendance of witnesses and the production of relevant
24    books subpoenaed by the State Commission and the court may
25    compel obedience to its order by proceedings for contempt.
26        (9) To investigate the administration of laws in

 

 

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1    relation to alcoholic liquors in this and other states and
2    any foreign countries, and to recommend from time to time
3    to the Governor and through him or her to the legislature
4    of this State, such amendments to this Act, if any, as it
5    may think desirable and as will serve to further the
6    general broad purposes contained in Section 1-2 hereof.
7        (10) To adopt such rules and regulations consistent
8    with the provisions of this Act which shall be necessary
9    for the control, sale, or disposition of alcoholic liquor
10    damaged as a result of an accident, wreck, flood, fire, or
11    other similar occurrence.
12        (11) To develop industry educational programs related
13    to responsible serving and selling, particularly in the
14    areas of overserving consumers and illegal underage
15    purchasing and consumption of alcoholic beverages.
16        (11.1) To license persons providing education and
17    training to alcohol beverage sellers and servers for
18    mandatory and non-mandatory training under the Beverage
19    Alcohol Sellers and Servers Education and Training
20    (BASSET) programs and to develop and administer a public
21    awareness program in Illinois to reduce or eliminate the
22    illegal purchase and consumption of alcoholic beverage
23    products by persons under the age of 21. Application for a
24    license shall be made on forms provided by the State
25    Commission.
26        (12) To develop and maintain a repository of license

 

 

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1    and regulatory information.
2        (13) (Blank).
3        (14) On or before April 30, 2008 and every 2 years
4    thereafter, the State Commission shall present a written
5    report to the Governor and the General Assembly that shall
6    be based on a study of the impact of Public Act 95-634 on
7    the business of soliciting, selling, and shipping wine
8    from inside and outside of this State directly to
9    residents of this State. As part of its report, the State
10    Commission shall provide all of the following information:
11            (A) The amount of State excise and sales tax
12        revenues generated.
13            (B) The amount of licensing fees received.
14            (C) The number of cases of wine shipped from
15        inside and outside of this State directly to residents
16        of this State.
17            (D) The number of alcohol compliance operations
18        conducted.
19            (E) The number of winery shipper's licenses
20        issued.
21            (F) The number of each of the following: reported
22        violations; cease and desist notices issued by the
23        Commission; notices of violations issued by the
24        Commission and to the Department of Revenue; and
25        notices and complaints of violations to law
26        enforcement officials, including, without limitation,

 

 

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1        the Illinois Attorney General and the U.S. Department
2        of Treasury's Alcohol and Tobacco Tax and Trade
3        Bureau.
4        (15) As a means to reduce the underage consumption of
5    alcoholic liquors, the State Commission shall conduct
6    alcohol compliance operations to investigate whether
7    businesses that are soliciting, selling, and shipping wine
8    from inside or outside of this State directly to residents
9    of this State are licensed by this State or are selling or
10    attempting to sell wine to persons under 21 years of age in
11    violation of this Act.
12        (16) The State Commission shall, in addition to
13    notifying any appropriate law enforcement agency, submit
14    notices of complaints or violations of Sections 6-29 and
15    6-29.1 by persons who do not hold a winery shipper's
16    license under this Act to the Illinois Attorney General
17    and to the U.S. Department of Treasury's Alcohol and
18    Tobacco Tax and Trade Bureau.
19        (17)(A) A person licensed to make wine under the laws
20    of another state who has a winery shipper's license under
21    this Act and annually produces less than 25,000 gallons of
22    wine or a person who has a first-class or second-class
23    wine manufacturer's license, a first-class or second-class
24    wine-maker's license, or a limited wine manufacturer's
25    license under this Act and annually produces less than
26    25,000 gallons of wine may make application to the

 

 

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1    Commission for a self-distribution exemption to allow the
2    sale of not more than 5,000 gallons of the exemption
3    holder's wine to retail licensees per year and to sell
4    cider, mead, or both cider and mead to brewers, class 1
5    brewers, and class 2 brewers that pursuant to subsection
6    (e) of Section 6-4 of this Act sell beer, cider, mead, or
7    any combination thereof to non-licensees at their
8    breweries.
9        (B) In the application, which shall be sworn under
10    penalty of perjury, such person shall state (1) the date
11    it was established; (2) its volume of production and sales
12    for each year since its establishment; (3) its efforts to
13    establish distributor relationships; (4) that a
14    self-distribution exemption is necessary to facilitate the
15    marketing of its wine; and (5) that it will comply with the
16    liquor and revenue laws of the United States, this State,
17    and any other state where it is licensed.
18        (C) The State Commission shall approve the application
19    for a self-distribution exemption if such person: (1) is
20    in compliance with State revenue and liquor laws; (2) is
21    not a member of any affiliated group that produces more
22    than 25,000 gallons of wine per annum or produces any
23    other alcoholic liquor; (3) will not annually produce for
24    sale more than 25,000 gallons of wine; and (4) will not
25    annually sell more than 5,000 gallons of its wine to
26    retail licensees.

 

 

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1        (D) A self-distribution exemption holder shall
2    annually certify to the State Commission its production of
3    wine in the previous 12 months and its anticipated
4    production and sales for the next 12 months. The State
5    Commission may fine, suspend, or revoke a
6    self-distribution exemption after a hearing if it finds
7    that the exemption holder has made a material
8    misrepresentation in its application, violated a revenue
9    or liquor law of Illinois, exceeded production of 25,000
10    gallons of wine in any calendar year, or become part of an
11    affiliated group producing more than 25,000 gallons of
12    wine or any other alcoholic liquor.
13        (E) Except in hearings for violations of this Act or
14    Public Act 95-634 or a bona fide investigation by duly
15    sworn law enforcement officials, the State Commission, or
16    its agents, the State Commission shall maintain the
17    production and sales information of a self-distribution
18    exemption holder as confidential and shall not release
19    such information to any person.
20        (F) The State Commission shall issue regulations
21    governing self-distribution exemptions consistent with
22    this Section and this Act.
23        (G) Nothing in this paragraph (17) shall prohibit a
24    self-distribution exemption holder from entering into or
25    simultaneously having a distribution agreement with a
26    licensed Illinois distributor.

 

 

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1        (H) It is the intent of this paragraph (17) to promote
2    and continue orderly markets. The General Assembly finds
3    that, in order to preserve Illinois' regulatory
4    distribution system, it is necessary to create an
5    exception for smaller makers of wine as their wines are
6    frequently adjusted in varietals, mixes, vintages, and
7    taste to find and create market niches sometimes too small
8    for distributor or importing distributor business
9    strategies. Limited self-distribution rights will afford
10    and allow smaller makers of wine access to the marketplace
11    in order to 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
16    beer, 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 per year of the exemption holder's
19    beer per year to retail licensees and to brewers, class 1
20    brewers, and class 2 brewers that, pursuant to subsection
21    (e) of Section 6-4 of this Act, sell beer, cider, mead, or
22    any combination thereof or both beer and cider to
23    non-licensees at their breweries.
24        (B) In the application, which shall be sworn under
25    penalty of perjury, the class 1 brewer licensee shall
26    state (1) the date it was established; (2) its volume of

 

 

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1    beer manufactured and sold for each year since its
2    establishment; (3) its efforts to establish distributor
3    relationships; (4) that a self-distribution exemption is
4    necessary to facilitate the marketing of its beer; and (5)
5    that it will comply with the alcoholic beverage and
6    revenue laws of the United States, this State, and any
7    other state where it is licensed.
8        (C) Any application submitted shall be posted on the
9    State Commission's website at least 45 days prior to
10    action by the State Commission. The State Commission shall
11    approve the application for a self-distribution exemption
12    if the class 1 brewer licensee: (1) is in compliance with
13    the State, revenue, and alcoholic beverage laws; (2) is
14    not a member of any affiliated group that manufactures
15    more than 930,000 gallons of beer per annum or produces
16    any other alcoholic beverages; (3) shall not annually
17    manufacture for sale more than 930,000 gallons of beer;
18    (4) shall not annually sell more than 232,500 gallons of
19    its beer to retail licensees or to brewers, class 1
20    brewers, and class 2 brewers that, pursuant to subsection
21    (e) of Section 6-4 of this Act, sell beer, cider, mead, or
22    any combination thereof or both beer and cider to
23    non-licensees at their breweries; and (5) has relinquished
24    any brew pub license held by the licensee, including any
25    ownership interest it held in the licensed brew pub.
26        (D) A self-distribution exemption holder shall

 

 

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1    annually certify to the State Commission its manufacture
2    of beer during the previous 12 months and its anticipated
3    manufacture and sales of beer for the next 12 months. The
4    State Commission may fine, suspend, or revoke a
5    self-distribution exemption after a hearing if it finds
6    that the exemption holder has made a material
7    misrepresentation in its application, violated a revenue
8    or alcoholic beverage law of Illinois, exceeded the
9    manufacture of 930,000 gallons of beer in any calendar
10    year or became part of an affiliated group manufacturing
11    more than 930,000 gallons of beer or any other alcoholic
12    beverage.
13        (E) The State Commission shall issue rules and
14    regulations governing self-distribution exemptions
15    consistent with this Act.
16        (F) Nothing in this paragraph (18) shall prohibit a
17    self-distribution exemption holder from entering into or
18    simultaneously having a distribution agreement with a
19    licensed Illinois importing distributor or a distributor.
20    If a self-distribution exemption holder enters into a
21    distribution agreement and has assigned distribution
22    rights to an importing distributor or distributor, then
23    the self-distribution exemption holder's distribution
24    rights in the assigned territories shall cease in a
25    reasonable time not to exceed 60 days.
26        (G) It is the intent of this paragraph (18) to promote

 

 

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1    and continue orderly markets. The General Assembly finds
2    that in order to preserve Illinois' regulatory
3    distribution system, it is necessary to create an
4    exception for smaller manufacturers in order to afford and
5    allow such smaller manufacturers of beer access to the
6    marketplace in order to develop a customer base without
7    impairing the integrity of the 3-tier system.
8        (19)(A) A class 1 craft distiller licensee or a
9    non-resident dealer who manufactures less than 50,000
10    gallons of distilled spirits per year may make application
11    to the State Commission for a self-distribution exemption
12    to allow the sale of not more than 5,000 gallons of the
13    exemption holder's spirits to retail licensees per year.
14        (B) In the application, which shall be sworn under
15    penalty of perjury, the class 1 craft distiller licensee
16    or non-resident dealer shall state (1) the date it was
17    established; (2) its volume of spirits manufactured and
18    sold for each year since its establishment; (3) its
19    efforts to establish distributor relationships; (4) that a
20    self-distribution exemption is necessary to facilitate the
21    marketing of its spirits; and (5) that it will comply with
22    the alcoholic beverage and revenue laws of the United
23    States, this State, and any other state where it is
24    licensed.
25        (C) Any application submitted shall be posted on the
26    State Commission's website at least 45 days prior to

 

 

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1    action by the State Commission. The State Commission shall
2    approve the application for a self-distribution exemption
3    if the applicant: (1) is in compliance with State revenue
4    and alcoholic beverage laws; (2) is not a member of any
5    affiliated group that produces more than 50,000 gallons of
6    spirits per annum or produces any other alcoholic liquor;
7    (3) does not annually manufacture for sale more than
8    50,000 gallons of spirits; and (4) does not annually sell
9    more than 5,000 gallons of its spirits to retail
10    licensees.
11        (D) A self-distribution exemption holder shall
12    annually certify to the State Commission its manufacture
13    of spirits during the previous 12 months and its
14    anticipated manufacture and sales of spirits for the next
15    12 months. The State Commission may fine, suspend, or
16    revoke a self-distribution exemption after a hearing if it
17    finds that the exemption holder has made a material
18    misrepresentation in its application, violated a revenue
19    or alcoholic beverage law of Illinois, exceeded the
20    manufacture of 50,000 gallons of spirits in any calendar
21    year, or has become part of an affiliated group
22    manufacturing more than 50,000 gallons of spirits or any
23    other alcoholic beverage.
24        (E) The State Commission shall adopt rules governing
25    self-distribution exemptions consistent with this Act.
26        (F) Nothing in this paragraph (19) shall prohibit a

 

 

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1    self-distribution exemption holder from entering into or
2    simultaneously having a distribution agreement with a
3    licensed Illinois importing distributor or a distributor.
4        (G) It is the intent of this paragraph (19) to promote
5    and continue orderly markets. The General Assembly finds
6    that in order to preserve Illinois' regulatory
7    distribution system, it is necessary to create an
8    exception for smaller manufacturers in order to afford and
9    allow such smaller manufacturers of spirits access to the
10    marketplace in order to develop a customer base without
11    impairing the integrity of the 3-tier system.
12    (b) On or before April 30, 1999, the Commission shall
13present a written report to the Governor and the General
14Assembly that shall be based on a study of the impact of Public
15Act 90-739 on the business of soliciting, selling, and
16shipping alcoholic liquor from outside of this State directly
17to residents of this State.
18    As part of its report, the Commission shall provide the
19following information:
20        (i) the amount of State excise and sales tax revenues
21    generated as a result of Public Act 90-739;
22        (ii) the amount of licensing fees received as a result
23    of Public Act 90-739;
24        (iii) the number of reported violations, the number of
25    cease and desist notices issued by the Commission, the
26    number of notices of violations issued to the Department

 

 

SB0297 Engrossed- 20 -LRB102 15534 RPS 20897 b

1    of Revenue, and the number of notices and complaints of
2    violations to law enforcement officials.
3(Source: P.A. 100-134, eff. 8-18-17; 100-201, eff. 8-18-17;
4100-816, eff. 8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff.
58-23-18; 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 101-482,
6eff. 8-23-19; revised 9-20-19.)
 
7    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
8    Sec. 5-1. Licenses issued by the Illinois Liquor Control
9Commission shall be of the following classes:
10    (a) Manufacturer's license - Class 1. Distiller, Class 2.
11Rectifier, Class 3. Brewer, Class 4. First Class Wine
12Manufacturer, Class 5. Second Class Wine Manufacturer, Class
136. First Class Winemaker, Class 7. Second Class Winemaker,
14Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
15Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft
16Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
17    (b) Distributor's license,
18    (c) Importing Distributor's license,
19    (d) Retailer's license,
20    (e) Special Event Retailer's license (not-for-profit),
21    (f) Railroad license,
22    (g) Boat license,
23    (h) Non-Beverage User's license,
24    (i) Wine-maker's premises license,
25    (j) Airplane license,

 

 

SB0297 Engrossed- 21 -LRB102 15534 RPS 20897 b

1    (k) Foreign importer's license,
2    (l) Broker's license,
3    (m) Non-resident dealer's license,
4    (n) Brew Pub license,
5    (o) Auction liquor license,
6    (p) Caterer retailer license,
7    (q) Special use permit license,
8    (r) Winery shipper's license,
9    (s) Craft distiller tasting permit,
10    (t) Brewer warehouse permit,
11    (u) Distilling pub license,
12    (v) Craft distiller warehouse permit.
13    No person, firm, partnership, corporation, or other legal
14business entity that is engaged in the manufacturing of wine
15may concurrently obtain and hold a wine-maker's license and a
16wine manufacturer's license.
17    (a) A manufacturer's license shall allow the manufacture,
18importation in bulk, storage, distribution and sale of
19alcoholic liquor to persons without the State, as may be
20permitted by law and to licensees in this State as follows:
21    Class 1. A Distiller may make sales and deliveries of
22alcoholic liquor to distillers, rectifiers, importing
23distributors, distributors and non-beverage users and to no
24other licensees.
25    Class 2. A Rectifier, who is not a distiller, as defined
26herein, may make sales and deliveries of alcoholic liquor to

 

 

SB0297 Engrossed- 22 -LRB102 15534 RPS 20897 b

1rectifiers, importing distributors, distributors, retailers
2and non-beverage users and to no other licensees.
3    Class 3. A Brewer may make sales and deliveries of beer to
4importing distributors and distributors and may make sales as
5authorized under subsection (e) of Section 6-4 of this Act.
6    Class 4. A first class wine-manufacturer may make sales
7and deliveries of up to 50,000 gallons of wine to
8manufacturers, importing distributors and distributors, and to
9no other licensees.
10    Class 5. A second class Wine manufacturer may make sales
11and deliveries of more than 50,000 gallons of wine to
12manufacturers, importing distributors and distributors and to
13no other licensees.
14    Class 6. A first-class wine-maker's license shall allow
15the manufacture of up to 50,000 gallons of wine per year, and
16the storage and sale of such wine to distributors in the State
17and to persons without the State, as may be permitted by law. A
18person who, prior to June 1, 2008 (the effective date of Public
19Act 95-634), is a holder of a first-class wine-maker's license
20and annually produces more than 25,000 gallons of its own wine
21and who distributes its wine to licensed retailers shall cease
22this practice on or before July 1, 2008 in compliance with
23Public Act 95-634.
24    Class 7. A second-class wine-maker's license shall allow
25the manufacture of between 50,000 and 150,000 gallons of wine
26per year, and the storage and sale of such wine to distributors

 

 

SB0297 Engrossed- 23 -LRB102 15534 RPS 20897 b

1in this State and to persons without the State, as may be
2permitted by law. A person who, prior to June 1, 2008 (the
3effective date of Public Act 95-634), is a holder of a
4second-class wine-maker's license and annually produces more
5than 25,000 gallons of its own wine and who distributes its
6wine to licensed retailers shall cease this practice on or
7before July 1, 2008 in compliance with Public Act 95-634.
8    Class 8. A limited wine-manufacturer may make sales and
9deliveries not to exceed 40,000 gallons of wine per year to
10distributors, and to non-licensees in accordance with the
11provisions of this Act.
12    Class 9. A craft distiller license, which may only be held
13by a class 1 craft distiller licensee or class 2 craft
14distiller licensee but not held by both a class 1 craft
15distiller licensee and a class 2 craft distiller licensee,
16shall grant all rights conveyed by either: (i) a class 1 craft
17distiller license if the craft distiller holds a class 1 craft
18distiller license; or (ii) a class 2 craft distiller licensee
19if the craft distiller holds a class 2 craft distiller
20license.
21    Class 10. A class 1 craft distiller license, which may
22only be issued to a licensed craft distiller or licensed
23non-resident dealer, shall allow the manufacture of up to
2450,000 gallons of spirits per year provided that the class 1
25craft distiller licensee does not manufacture more than a
26combined 50,000 gallons of spirits per year and is not a member

 

 

SB0297 Engrossed- 24 -LRB102 15534 RPS 20897 b

1of or affiliated with, directly or indirectly, a manufacturer
2that produces more than 50,000 gallons of spirits per year or
3any other alcoholic liquor. A class 1 craft distiller licensee
4may make sales and deliveries to importing distributors and
5distributors and to retail licensees in accordance with the
6conditions set forth in paragraph (19) of subsection (a) of
7Section 3-12 of this Act. However, the aggregate amount of
8spirits sold to non-licensees and sold or delivered to retail
9licensees may not exceed 5,000 gallons per year.
10    A class 1 craft distiller licensee may sell up to 5,000
11gallons of such spirits to non-licensees to the extent
12permitted by any exemption approved by the State Commission
13pursuant to Section 6-4 of this Act. A class 1 craft distiller
14license holder may store such spirits at a non-contiguous
15licensed location, but at no time shall a class 1 craft
16distiller license holder directly or indirectly produce in the
17aggregate more than 50,000 gallons of spirits per year.
18    A class 1 craft distiller licensee may hold more than one
19class 1 craft distiller's license. However, a class 1 craft
20distiller that holds more than one class 1 craft distiller
21license shall not manufacture, in the aggregate, more than
2250,000 gallons of spirits by distillation per year and shall
23not sell, in the aggregate, more than 5,000 gallons of such
24spirits to non-licensees in accordance with an exemption
25approved by the State Commission pursuant to Section 6-4 of
26this Act.

 

 

SB0297 Engrossed- 25 -LRB102 15534 RPS 20897 b

1    Class 11. A class 2 craft distiller license, which may
2only be issued to a licensed craft distiller or licensed
3non-resident dealer, shall allow the manufacture of up to
4100,000 gallons of spirits per year provided that the class 2
5craft distiller licensee does not manufacture more than a
6combined 100,000 gallons of spirits per year and is not a
7member of or affiliated with, directly or indirectly, a
8manufacturer that produces more than 100,000 gallons of
9spirits per year or any other alcoholic liquor. A class 2 craft
10distiller licensee may make sales and deliveries to importing
11distributors and distributors, but shall not make sales or
12deliveries to any other licensee. If the State Commission
13provides prior approval, a class 2 craft distiller licensee
14may annually transfer up to 100,000 gallons of spirits
15manufactured by that class 2 craft distiller licensee to the
16premises of a licensed class 2 craft distiller wholly owned
17and operated by the same licensee. A class 2 craft distiller
18may transfer spirits to a distilling pub wholly owned and
19operated by the class 2 craft distiller subject to the
20following limitations and restrictions: (i) the transfer shall
21not annually exceed more than 5,000 gallons; (ii) the annual
22amount transferred shall reduce the distilling pub's annual
23permitted production limit; (iii) all spirits transferred
24shall be subject to Article VIII of this Act; (iv) a written
25record shall be maintained by the distiller and distilling pub
26specifying the amount, date of delivery, and receipt of the

 

 

SB0297 Engrossed- 26 -LRB102 15534 RPS 20897 b

1product by the distilling pub; and (v) the distilling pub
2shall be located no farther than 80 miles from the class 2
3craft distiller's licensed location.
4    A class 2 craft distiller shall, prior to transferring
5spirits to a distilling pub wholly owned by the class 2 craft
6distiller, furnish a written notice to the State Commission of
7intent to transfer spirits setting forth the name and address
8of the distilling pub and shall annually submit to the State
9Commission a verified report identifying the total gallons of
10spirits transferred to the distilling pub wholly owned by the
11class 2 craft distiller.
12    A class 2 craft distiller license holder may store such
13spirits at a non-contiguous licensed location, but at no time
14shall a class 2 craft distiller license holder directly or
15indirectly produce in the aggregate more than 100,000 gallons
16of spirits per year.
17    Class 12. A class 1 brewer license, which may only be
18issued to a licensed brewer or licensed non-resident dealer,
19shall allow the manufacture of up to 930,000 gallons of beer
20per year provided that the class 1 brewer licensee does not
21manufacture more than a combined 930,000 gallons of beer per
22year and is not a member of or affiliated with, directly or
23indirectly, a manufacturer that produces more than 930,000
24gallons of beer per year or any other alcoholic liquor. A class
251 brewer licensee may make sales and deliveries to importing
26distributors and distributors and to retail licensees in

 

 

SB0297 Engrossed- 27 -LRB102 15534 RPS 20897 b

1accordance with the conditions set forth in paragraph (18) of
2subsection (a) of Section 3-12 of this Act. If the State
3Commission provides prior approval, a class 1 brewer may
4annually transfer up to 930,000 gallons of beer manufactured
5by that class 1 brewer to the premises of a licensed class 1
6brewer wholly owned and operated by the same licensee.
7    Class 13. A class 2 brewer license, which may only be
8issued to a licensed brewer or licensed non-resident dealer,
9shall allow the manufacture of up to 3,720,000 gallons of beer
10per year provided that the class 2 brewer licensee does not
11manufacture more than a combined 3,720,000 gallons of beer per
12year and is not a member of or affiliated with, directly or
13indirectly, a manufacturer that produces more than 3,720,000
14gallons of beer per year or any other alcoholic liquor. A class
152 brewer licensee may make sales and deliveries to importing
16distributors and distributors, but shall not make sales or
17deliveries to any other licensee. If the State Commission
18provides prior approval, a class 2 brewer licensee may
19annually transfer up to 3,720,000 gallons of beer manufactured
20by that class 2 brewer licensee to the premises of a licensed
21class 2 brewer wholly owned and operated by the same licensee.
22    A class 2 brewer may transfer beer to a brew pub wholly
23owned and operated by the class 2 brewer subject to the
24following limitations and restrictions: (i) the transfer shall
25not annually exceed more than 31,000 gallons; (ii) the annual
26amount transferred shall reduce the brew pub's annual

 

 

SB0297 Engrossed- 28 -LRB102 15534 RPS 20897 b

1permitted production limit; (iii) all beer transferred shall
2be subject to Article VIII of this Act; (iv) a written record
3shall be maintained by the brewer and brew pub specifying the
4amount, date of delivery, and receipt of the product by the
5brew pub; and (v) the brew pub shall be located no farther than
680 miles from the class 2 brewer's licensed location.
7    A class 2 brewer shall, prior to transferring beer to a
8brew pub wholly owned by the class 2 brewer, furnish a written
9notice to the State Commission of intent to transfer beer
10setting forth the name and address of the brew pub and shall
11annually submit to the State Commission a verified report
12identifying the total gallons of beer transferred to the brew
13pub wholly owned by the class 2 brewer.
14    (a-1) A manufacturer which is licensed in this State to
15make sales or deliveries of alcoholic liquor to licensed
16distributors or importing distributors and which enlists
17agents, representatives, or individuals acting on its behalf
18who contact licensed retailers on a regular and continual
19basis in this State must register those agents,
20representatives, or persons acting on its behalf with the
21State Commission.
22    Registration of agents, representatives, or persons acting
23on behalf of a manufacturer is fulfilled by submitting a form
24to the Commission. The form shall be developed by the
25Commission and shall include the name and address of the
26applicant, the name and address of the manufacturer he or she

 

 

SB0297 Engrossed- 29 -LRB102 15534 RPS 20897 b

1represents, the territory or areas assigned to sell to or
2discuss pricing terms of alcoholic liquor, and any other
3questions deemed appropriate and necessary. All statements in
4the forms required to be made by law or by rule shall be deemed
5material, and any person who knowingly misstates any material
6fact under oath in an application is guilty of a Class B
7misdemeanor. Fraud, misrepresentation, false statements,
8misleading statements, evasions, or suppression of material
9facts in the securing of a registration are grounds for
10suspension or revocation of the registration. The State
11Commission shall post a list of registered agents on the
12Commission's website.
13    (b) A distributor's license shall allow (i) the wholesale
14purchase and storage of alcoholic liquors and sale of
15alcoholic liquors to licensees in this State and to persons
16without the State, as may be permitted by law; (ii) the sale of
17beer, cider, mead, or any combination thereof or both beer and
18cider to brewers, class 1 brewers, and class 2 brewers that,
19pursuant to subsection (e) of Section 6-4 of this Act, sell
20beer, cider, mead, or any combination thereof or both beer and
21cider to non-licensees at their breweries; and (iii) the sale
22of vermouth to class 1 craft distillers and class 2 craft
23distillers that, pursuant to subsection (e) of Section 6-4 of
24this Act, sell spirits, vermouth, or both spirits and vermouth
25to non-licensees at their distilleries. No person licensed as
26a distributor shall be granted a non-resident dealer's

 

 

SB0297 Engrossed- 30 -LRB102 15534 RPS 20897 b

1license.
2    (c) An importing distributor's license may be issued to
3and held by those only who are duly licensed distributors,
4upon the filing of an application by a duly licensed
5distributor, with the Commission and the Commission shall,
6without the payment of any fee, immediately issue such
7importing distributor's license to the applicant, which shall
8allow the importation of alcoholic liquor by the licensee into
9this State from any point in the United States outside this
10State, and the purchase of alcoholic liquor in barrels, casks
11or other bulk containers and the bottling of such alcoholic
12liquors before resale thereof, but all bottles or containers
13so filled shall be sealed, labeled, stamped and otherwise made
14to comply with all provisions, rules and regulations governing
15manufacturers in the preparation and bottling of alcoholic
16liquors. The importing distributor's license shall permit such
17licensee to purchase alcoholic liquor from Illinois licensed
18non-resident dealers and foreign importers only. No person
19licensed as an importing distributor shall be granted a
20non-resident dealer's license.
21    (d) A retailer's license shall allow the licensee to sell
22and offer for sale at retail, only in the premises specified in
23the license, alcoholic liquor for use or consumption, but not
24for resale in any form. Nothing in Public Act 95-634 shall
25deny, limit, remove, or restrict the ability of a holder of a
26retailer's license to transfer, deliver, or ship alcoholic

 

 

SB0297 Engrossed- 31 -LRB102 15534 RPS 20897 b

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

 

 

SB0297 Engrossed- 32 -LRB102 15534 RPS 20897 b

1Occupation Tax Act or evidence that the applicant is
2registered under Section 2a of the Retailers' Occupation Tax
3Act, (B) a current, valid exemption identification number
4issued under Section 1g of the Retailers' Occupation Tax Act,
5and a certification to the Commission that the purchase of
6alcoholic liquors will be a tax-exempt purchase, or (C) a
7statement that the applicant is not registered under Section
82a of the Retailers' Occupation Tax Act, does not hold a resale
9number under Section 2c of the Retailers' Occupation Tax Act,
10and does not hold an exemption number under Section 1g of the
11Retailers' Occupation Tax Act, in which event the Commission
12shall set forth on the special event retailer's license a
13statement to that effect; (ii) submit with the application
14proof satisfactory to the State Commission that the applicant
15will provide dram shop liability insurance in the maximum
16limits; and (iii) show proof satisfactory to the State
17Commission that the applicant has obtained local authority
18approval.
19    Nothing in this Act prohibits an Illinois licensed
20distributor from offering credit or a refund for unused,
21salable alcoholic liquors to a holder of a special event
22retailer's license or the special event retailer's licensee
23from accepting the credit or refund of alcoholic liquors at
24the conclusion of the event specified in the license.
25    (f) A railroad license shall permit the licensee to import
26alcoholic liquors into this State from any point in the United

 

 

SB0297 Engrossed- 33 -LRB102 15534 RPS 20897 b

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

 

 

SB0297 Engrossed- 34 -LRB102 15534 RPS 20897 b

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

 

 

SB0297 Engrossed- 35 -LRB102 15534 RPS 20897 b

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

 

 

SB0297 Engrossed- 36 -LRB102 15534 RPS 20897 b

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

 

 

SB0297 Engrossed- 37 -LRB102 15534 RPS 20897 b

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

 

 

SB0297 Engrossed- 38 -LRB102 15534 RPS 20897 b

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

 

 

SB0297 Engrossed- 39 -LRB102 15534 RPS 20897 b

1licensees during the license period, (ii) it shall comply with
2all of the provisions of Section 6-9 hereof with respect to
3registration of such Illinois licensees as may be granted the
4right to sell such brands at wholesale by duly filing such
5registration statement, thereby authorizing the non-resident
6dealer to proceed to sell such brands at wholesale, and (iii)
7the non-resident dealer shall comply with the provisions of
8Sections 6-5 and 6-6 of this Act to the same extent that these
9provisions apply to manufacturers. No person licensed as a
10non-resident dealer shall be granted a distributor's or
11importing distributor's license.
12    (n) A brew pub license shall allow the licensee to only (i)
13manufacture up to 155,000 gallons of beer per year only on the
14premises specified in the license, (ii) make sales of the beer
15manufactured on the premises or, with the approval of the
16Commission, beer manufactured on another brew pub licensed
17premises that is wholly owned and operated by the same
18licensee to importing distributors, distributors, and to
19non-licensees for use and consumption, (iii) store the beer
20upon the premises, (iv) sell and offer for sale at retail from
21the licensed premises for off-premises consumption no more
22than 155,000 gallons per year so long as such sales are only
23made in-person, (v) sell and offer for sale at retail for use
24and consumption on the premises specified in the license any
25form of alcoholic liquor purchased from a licensed distributor
26or importing distributor, (vi) with the prior approval of the

 

 

SB0297 Engrossed- 40 -LRB102 15534 RPS 20897 b

1Commission, annually transfer no more than 155,000 gallons of
2beer manufactured on the premises to a licensed brew pub
3wholly owned and operated by the same licensee, and (vii)
4notwithstanding item (i) of this subsection, brew pubs wholly
5owned and operated by the same licensee may combine each
6location's production limit of 155,000 gallons of beer per
7year and allocate the aggregate total between the wholly
8owned, operated, and licensed locations.
9    A brew pub licensee shall not under any circumstance sell
10or offer for sale beer manufactured by the brew pub licensee to
11retail licensees.
12    A person who holds a class 2 brewer license may
13simultaneously hold a brew pub license if the class 2 brewer
14(i) does not, under any circumstance, sell or offer for sale
15beer manufactured by the class 2 brewer to retail licensees;
16(ii) does not hold more than 3 brew pub licenses in this State;
17(iii) does not manufacture more than a combined 3,720,000
18gallons of beer per year, including the beer manufactured at
19the brew pub; and (iv) is not a member of or affiliated with,
20directly or indirectly, a manufacturer that produces more than
213,720,000 gallons of beer per year or any other alcoholic
22liquor.
23    Notwithstanding any other provision of this Act, a
24licensed brewer, class 2 brewer, or non-resident dealer who
25before July 1, 2015 manufactured less than 3,720,000 gallons
26of beer per year and held a brew pub license on or before July

 

 

SB0297 Engrossed- 41 -LRB102 15534 RPS 20897 b

11, 2015 may (i) continue to qualify for and hold that brew pub
2license for the licensed premises and (ii) manufacture more
3than 3,720,000 gallons of beer per year and continue to
4qualify for and hold that brew pub license if that brewer,
5class 2 brewer, or non-resident dealer does not simultaneously
6hold a class 1 brewer license and is not a member of or
7affiliated with, directly or indirectly, a manufacturer that
8produces more than 3,720,000 gallons of beer per year or that
9produces any other alcoholic liquor.
10    (o) A caterer retailer license shall allow the holder to
11serve alcoholic liquors as an incidental part of a food
12service that serves prepared meals which excludes the serving
13of snacks as the primary meal, either on or off-site whether
14licensed or unlicensed. A caterer retailer license shall allow
15the holder, a distributor, or an importing distributor to
16transfer any inventory to and from the holder's retail
17premises and shall allow the holder to purchase alcoholic
18liquor from a distributor or importing distributor to be
19delivered directly to an off-site event.
20    Nothing in this Act prohibits a distributor or importing
21distributor from offering credit or a refund for unused,
22salable beer to a holder of a caterer retailer license or a
23caterer retailer licensee from accepting a credit or refund
24for unused, salable beer, in the event an act of God is the
25sole reason an off-site event is cancelled and if: (i) the
26holder of a caterer retailer license has not transferred

 

 

SB0297 Engrossed- 42 -LRB102 15534 RPS 20897 b

1alcoholic liquor from its caterer retailer premises to an
2off-site location; (ii) the distributor or importing
3distributor offers the credit or refund for the unused,
4salable beer that it delivered to the off-site premises and
5not for any unused, salable beer that the distributor or
6importing distributor delivered to the caterer retailer's
7premises; and (iii) the unused, salable beer would likely
8spoil if transferred to the caterer retailer's premises. A
9caterer retailer license shall allow the holder to transfer
10any inventory from any off-site location to its caterer
11retailer premises at the conclusion of an off-site event or
12engage a distributor or importing distributor to transfer any
13inventory from any off-site location to its caterer retailer
14premises at the conclusion of an off-site event, provided that
15the distributor or importing distributor issues bona fide
16charges to the caterer retailer licensee for fuel, labor, and
17delivery and the distributor or importing distributor collects
18payment from the caterer retailer licensee prior to the
19distributor or importing distributor transferring inventory to
20the caterer retailer premises.
21    For purposes of this subsection (o), an "act of God" means
22an unforeseeable event, such as a rain or snow storm, hail, a
23flood, or a similar event, that is the sole cause of the
24cancellation of an off-site, outdoor event.
25    (p) An auction liquor license shall allow the licensee to
26sell and offer for sale at auction wine and spirits for use or

 

 

SB0297 Engrossed- 43 -LRB102 15534 RPS 20897 b

1consumption, or for resale by an Illinois liquor licensee in
2accordance with provisions of this Act. An auction liquor
3license will be issued to a person and it will permit the
4auction liquor licensee to hold the auction anywhere in the
5State. An auction liquor license must be obtained for each
6auction at least 14 days in advance of the auction date.
7    (q) A special use permit license shall allow an Illinois
8licensed retailer to transfer a portion of its alcoholic
9liquor inventory from its retail licensed premises to the
10premises specified in the license hereby created; to purchase
11alcoholic liquor from a distributor or importing distributor
12to be delivered directly to the location specified in the
13license hereby created; and to sell or offer for sale at
14retail, only in the premises specified in the license hereby
15created, the transferred or delivered alcoholic liquor for use
16or consumption, but not for resale in any form. A special use
17permit license may be granted for the following time periods:
18one day or less; 2 or more days to a maximum of 15 days per
19location in any 12-month period. An applicant for the special
20use permit license must also submit with the application proof
21satisfactory to the State Commission that the applicant will
22provide dram shop liability insurance to the maximum limits
23and have local authority approval.
24    A special use permit license shall allow the holder to
25transfer any inventory from the holder's special use premises
26to its retail premises at the conclusion of the special use

 

 

SB0297 Engrossed- 44 -LRB102 15534 RPS 20897 b

1event or engage a distributor or importing distributor to
2transfer any inventory from the holder's special use premises
3to its retail premises at the conclusion of an off-site event,
4provided that the distributor or importing distributor issues
5bona fide charges to the special use permit licensee for fuel,
6labor, and delivery and the distributor or importing
7distributor collects payment from the retail licensee prior to
8the distributor or importing distributor transferring
9inventory to the retail premises.
10    Nothing in this Act prohibits a distributor or importing
11distributor from offering credit or a refund for unused,
12salable beer to a special use permit licensee or a special use
13permit licensee from accepting a credit or refund for unused,
14salable beer at the conclusion of the event specified in the
15license if: (i) the holder of the special use permit license
16has not transferred alcoholic liquor from its retail licensed
17premises to the premises specified in the special use permit
18license; (ii) the distributor or importing distributor offers
19the credit or refund for the unused, salable beer that it
20delivered to the premises specified in the special use permit
21license and not for any unused, salable beer that the
22distributor or importing distributor delivered to the
23retailer's premises; and (iii) the unused, salable beer would
24likely spoil if transferred to the retailer premises.
25    (r) A winery shipper's license shall allow a person with a
26first-class or second-class wine manufacturer's license, a

 

 

SB0297 Engrossed- 45 -LRB102 15534 RPS 20897 b

1first-class or second-class wine-maker's license, or a limited
2wine manufacturer's license or who is licensed to make wine
3under the laws of another state to ship wine made by that
4licensee directly to a resident of this State who is 21 years
5of age or older for that resident's personal use and not for
6resale. Prior to receiving a winery shipper's license, an
7applicant for the license must provide the Commission with a
8true copy of its current license in any state in which it is
9licensed as a manufacturer of wine. An applicant for a winery
10shipper's license must also complete an application form that
11provides any other information the Commission deems necessary.
12The application form shall include all addresses from which
13the applicant for a winery shipper's license intends to ship
14wine, including the name and address of any third party,
15except for a common carrier, authorized to ship wine on behalf
16of the manufacturer. The application form shall include an
17acknowledgement consenting to the jurisdiction of the
18Commission, the Illinois Department of Revenue, and the courts
19of this State concerning the enforcement of this Act and any
20related laws, rules, and regulations, including authorizing
21the Department of Revenue and the Commission to conduct audits
22for the purpose of ensuring compliance with Public Act 95-634,
23and an acknowledgement that the wine manufacturer is in
24compliance with Section 6-2 of this Act. Any third party,
25except for a common carrier, authorized to ship wine on behalf
26of a first-class or second-class wine manufacturer's licensee,

 

 

SB0297 Engrossed- 46 -LRB102 15534 RPS 20897 b

1a first-class or second-class wine-maker's licensee, a limited
2wine manufacturer's licensee, or a person who is licensed to
3make wine under the laws of another state shall also be
4disclosed by the winery shipper's licensee, and a copy of the
5written appointment of the third-party wine provider, except
6for a common carrier, to the wine manufacturer shall be filed
7with the State Commission as a supplement to the winery
8shipper's license application or any renewal thereof. The
9winery shipper's license holder shall affirm under penalty of
10perjury, as part of the winery shipper's license application
11or renewal, that he or she only ships wine, either directly or
12indirectly through a third-party provider, from the licensee's
13own production.
14    Except for a common carrier, a third-party provider
15shipping wine on behalf of a winery shipper's license holder
16is the agent of the winery shipper's license holder and, as
17such, a winery shipper's license holder is responsible for the
18acts and omissions of the third-party provider acting on
19behalf of the license holder. A third-party provider, except
20for a common carrier, that engages in shipping wine into
21Illinois on behalf of a winery shipper's license holder shall
22consent to the jurisdiction of the State Commission and the
23State. Any third-party, except for a common carrier, holding
24such an appointment shall, by February 1 of each calendar year
25and upon request by the State Commission or the Department of
26Revenue, file with the State Commission a statement detailing

 

 

SB0297 Engrossed- 47 -LRB102 15534 RPS 20897 b

1each shipment made to an Illinois resident. The statement
2shall include the name and address of the third-party provider
3filing the statement, the time period covered by the
4statement, and the following information:
5        (1) the name, address, and license number of the
6    winery shipper on whose behalf the shipment was made;
7        (2) the quantity of the products delivered; and
8        (3) the date and address of the shipment.
9If the Department of Revenue or the State Commission requests
10a statement under this paragraph, the third-party provider
11must provide that statement no later than 30 days after the
12request is made. Any books, records, supporting papers, and
13documents containing information and data relating to a
14statement under this paragraph shall be kept and preserved for
15a period of 3 years, unless their destruction sooner is
16authorized, in writing, by the Director of Revenue, and shall
17be open and available to inspection by the Director of Revenue
18or the State Commission or any duly authorized officer, agent,
19or employee of the State Commission or the Department of
20Revenue, at all times during business hours of the day. Any
21person who violates any provision of this paragraph or any
22rule of the State Commission for the administration and
23enforcement of the provisions of this paragraph is guilty of a
24Class C misdemeanor. In case of a continuing violation, each
25day's continuance thereof shall be a separate and distinct
26offense.

 

 

SB0297 Engrossed- 48 -LRB102 15534 RPS 20897 b

1    The State Commission shall adopt rules as soon as
2practicable to implement the requirements of Public Act 99-904
3and shall adopt rules prohibiting any such third-party
4appointment of a third-party provider, except for a common
5carrier, that has been deemed by the State Commission to have
6violated the provisions of this Act with regard to any winery
7shipper licensee.
8    A winery shipper licensee must pay to the Department of
9Revenue the State liquor gallonage tax under Section 8-1 for
10all wine that is sold by the licensee and shipped to a person
11in this State. For the purposes of Section 8-1, a winery
12shipper licensee shall be taxed in the same manner as a
13manufacturer of wine. A licensee who is not otherwise required
14to register under the Retailers' Occupation Tax Act must
15register under the Use Tax Act to collect and remit use tax to
16the Department of Revenue for all gallons of wine that are sold
17by the licensee and shipped to persons in this State. If a
18licensee fails to remit the tax imposed under this Act in
19accordance with the provisions of Article VIII of this Act,
20the winery shipper's license shall be revoked in accordance
21with the provisions of Article VII of this Act. If a licensee
22fails to properly register and remit tax under the Use Tax Act
23or the Retailers' Occupation Tax Act for all wine that is sold
24by the winery shipper and shipped to persons in this State, the
25winery shipper's license shall be revoked in accordance with
26the provisions of Article VII of this Act.

 

 

SB0297 Engrossed- 49 -LRB102 15534 RPS 20897 b

1    A winery shipper licensee must collect, maintain, and
2submit to the Commission on a semi-annual basis the total
3number of cases per resident of wine shipped to residents of
4this State. A winery shipper licensed under this subsection
5(r) must comply with the requirements of Section 6-29 of this
6Act.
7    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
8Section 3-12, the State Commission may receive, respond to,
9and investigate any complaint and impose any of the remedies
10specified in paragraph (1) of subsection (a) of Section 3-12.
11    As used in this subsection, "third-party provider" means
12any entity that provides fulfillment house services, including
13warehousing, packaging, distribution, order processing, or
14shipment of wine, but not the sale of wine, on behalf of a
15licensed winery shipper.
16    (s) A craft distiller tasting permit license shall allow
17an Illinois licensed class 1 craft distiller or class 2 craft
18distiller to transfer a portion of its alcoholic liquor
19inventory from its class 1 craft distiller or class 2 craft
20distiller licensed premises to the premises specified in the
21license hereby created and to conduct a sampling, only in the
22premises specified in the license hereby created, of the
23transferred alcoholic liquor in accordance with subsection (c)
24of Section 6-31 of this Act. The transferred alcoholic liquor
25may not be sold or resold in any form. An applicant for the
26craft distiller tasting permit license must also submit with

 

 

SB0297 Engrossed- 50 -LRB102 15534 RPS 20897 b

1the application proof satisfactory to the State Commission
2that the applicant will provide dram shop liability insurance
3to the maximum limits and have local authority approval.
4    (t) A brewer warehouse permit may be issued to the holder
5of a class 1 brewer license or a class 2 brewer license. If the
6holder of the permit is a class 1 brewer licensee, the brewer
7warehouse permit shall allow the holder to store or warehouse
8up to 930,000 gallons of tax-determined beer manufactured by
9the holder of the permit at the premises specified on the
10permit. If the holder of the permit is a class 2 brewer
11licensee, the brewer warehouse permit shall allow the holder
12to store or warehouse up to 3,720,000 gallons of
13tax-determined beer manufactured by the holder of the permit
14at the premises specified on the permit. Sales to
15non-licensees are prohibited at the premises specified in the
16brewer warehouse permit.
17    (u) A distilling pub license shall allow the licensee to
18only (i) manufacture up to 5,000 gallons of spirits per year
19only on the premises specified in the license, (ii) make sales
20of the spirits manufactured on the premises or, with the
21approval of the State Commission, spirits manufactured on
22another distilling pub licensed premises that is wholly owned
23and operated by the same licensee to importing distributors
24and distributors and to non-licensees for use and consumption,
25(iii) store the spirits upon the premises, (iv) sell and offer
26for sale at retail from the licensed premises for off-premises

 

 

SB0297 Engrossed- 51 -LRB102 15534 RPS 20897 b

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

 

 

SB0297 Engrossed- 52 -LRB102 15534 RPS 20897 b

1allow the holder to store or warehouse up to 500,000 gallons of
2spirits manufactured by the holder of the permit at the
3premises specified on the permit. Sales to non-licensees are
4prohibited at the premises specified in the craft distiller
5warehouse permit.
6(Source: P.A. 100-17, eff. 6-30-17; 100-201, eff. 8-18-17;
7100-816, eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff.
88-23-18; 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; 101-81,
9eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. 8-23-19;
10101-615, eff. 12-20-19.)
 
11    (235 ILCS 5/6-4)  (from Ch. 43, par. 121)
12    Sec. 6-4. (a) No person licensed by any licensing
13authority as a distiller, or a wine manufacturer, or any
14subsidiary or affiliate thereof, or any officer, associate,
15member, partner, representative, employee, agent or
16shareholder owning more than 5% of the outstanding shares of
17such person shall be issued an importing distributor's or
18distributor's license, nor shall any person licensed by any
19licensing authority as an importing distributor, distributor
20or retailer, or any subsidiary or affiliate thereof, or any
21officer or associate, member, partner, representative,
22employee, agent or shareholder owning more than 5% of the
23outstanding shares of such person be issued a distiller's
24license, a craft distiller's license, or a wine manufacturer's
25license; and no person or persons licensed as a distiller,

 

 

SB0297 Engrossed- 53 -LRB102 15534 RPS 20897 b

1craft distiller, class 1 craft distiller, or class 2 craft
2distiller by any licensing authority shall have any interest,
3directly or indirectly, with such distributor or importing
4distributor.
5    However, an importing distributor or distributor, which on
6January 1, 1985 is owned by a brewer, or any subsidiary or
7affiliate thereof or any officer, associate, member, partner,
8representative, employee, agent or shareholder owning more
9than 5% of the outstanding shares of the importing distributor
10or distributor referred to in this paragraph, may own or
11acquire an ownership interest of more than 5% of the
12outstanding shares of a wine manufacturer and be issued a wine
13manufacturer's license by any licensing authority.
14    (b) The foregoing provisions shall not apply to any person
15licensed by any licensing authority as a distiller or wine
16manufacturer, or to any subsidiary or affiliate of any
17distiller or wine manufacturer who shall have been heretofore
18licensed by the State Commission as either an importing
19distributor or distributor during the annual licensing period
20expiring June 30, 1947, and shall actually have made sales
21regularly to retailers.
22    (c) Provided, however, that in such instances where a
23distributor's or importing distributor's license has been
24issued to any distiller or wine manufacturer or to any
25subsidiary or affiliate of any distiller or wine manufacturer
26who has, during the licensing period ending June 30, 1947,

 

 

SB0297 Engrossed- 54 -LRB102 15534 RPS 20897 b

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

 

 

SB0297 Engrossed- 55 -LRB102 15534 RPS 20897 b

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

 

 

SB0297 Engrossed- 56 -LRB102 15534 RPS 20897 b

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

 

 

SB0297 Engrossed- 57 -LRB102 15534 RPS 20897 b

1license holder shall not deliver any alcoholic liquor to any
2non-licensee off the licensed premises. A class 1 craft
3distiller or class 2 craft distiller shall affirm in its
4annual license application that it does not produce more than
550,000 or 100,000 gallons of distilled spirits annually,
6whichever is applicable, and that the craft distiller does not
7sell more than 5,000 gallons of spirits to non-licensees for
8on or off-premises consumption. In the application, which
9shall be sworn under penalty of perjury, the class 1 craft
10distiller or class 2 craft distiller shall state the volume of
11production and sales for each year since the class 1 craft
12distiller's or class 2 craft distiller's establishment.
13    A person who holds a class 1 craft distiller or class 2
14craft distiller license and is authorized by this Section to
15sell spirits to non-licensees shall not sell spirits to
16non-licensees from more than 3 total distillery or commonly
17owned distilling pub licensed locations in this State. The
18class 1 craft distiller or class 2 craft distiller shall
19designate to the State Commission the distillery or distilling
20pub locations from which it will sell spirits to
21non-licensees.
22    (f) (Blank).
23    (g) Notwithstanding any of the foregoing prohibitions, a
24limited wine manufacturer may sell at retail at its
25manufacturing site for on or off premises consumption and may
26sell to distributors. A limited wine manufacturer licensee

 

 

SB0297 Engrossed- 58 -LRB102 15534 RPS 20897 b

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

 

 

SB0297 Engrossed- 59 -LRB102 15534 RPS 20897 b

1filed by that person with the State Commission to support the
2issuance of a retail license and to abide by all applicable
3laws and duly adopted rules.
4(Source: P.A. 100-201, eff. 8-18-17; 100-816, eff. 8-13-18;
5100-885, eff. 8-14-18; 101-81, eff. 7-12-19; 101-482, eff.
68-23-19; 101-615, eff. 12-20-19.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.