Full Text of SB0754 97th General Assembly
SB0754sam002 97TH GENERAL ASSEMBLY | Sen. Donne E. Trotter Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 754
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 754 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Sections 3-12, 5-1, and 5-3 and by adding Section | 6 | | 1-3.38 as follows: | 7 | | (235 ILCS 5/1-3.38 new) | 8 | | Sec. 1-3.38. "Craft brewer" means a licensed brewer or | 9 | | licensed non-resident dealer who manufactures up to 465,000 | 10 | | gallons of beer per year and who may make sales and deliveries | 11 | | to importing distributors and distributors and to retail | 12 | | licensees in accordance with the conditions set forth in | 13 | | paragraph (18) of subsection (a) of Section 3-12 of this Act.
| 14 | | (235 ILCS 5/3-12)
| 15 | | Sec. 3-12. Powers and duties of State Commission.
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| 1 | | (a) The State commission shall have the following powers, | 2 | | functions and
duties:
| 3 | | (1) To receive applications and to issue licenses to | 4 | | manufacturers,
foreign importers, importing distributors, | 5 | | distributors, non-resident dealers,
on premise consumption | 6 | | retailers, off premise sale retailers, special event
| 7 | | retailer licensees, special use permit licenses, auction | 8 | | liquor licenses, brew
pubs, caterer retailers, | 9 | | non-beverage users, railroads, including owners and
| 10 | | lessees of sleeping, dining and cafe cars, airplanes, | 11 | | boats, brokers, and wine
maker's premises licensees in | 12 | | accordance with the provisions of this Act, and
to suspend | 13 | | or revoke such licenses upon the State commission's | 14 | | determination,
upon notice after hearing, that a licensee | 15 | | has violated any provision of this
Act or any rule or | 16 | | regulation issued pursuant thereto and in effect for 30 | 17 | | days
prior to such violation. Except in the case of an | 18 | | action taken pursuant to a
violation of Section 6-3, 6-5, | 19 | | or 6-9, any action by the State Commission to
suspend or | 20 | | revoke a licensee's license may be limited to the license | 21 | | for the
specific premises where the violation occurred.
| 22 | | In lieu of suspending or revoking a license, the | 23 | | commission may impose
a fine, upon the State commission's | 24 | | determination and notice after hearing,
that a licensee has | 25 | | violated any provision of this Act or any rule or
| 26 | | regulation issued pursuant thereto and in effect for 30 |
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| 1 | | days prior to such
violation. The fine imposed under this | 2 | | paragraph may not exceed $500 for each
violation. Each day | 3 | | that the activity, which gave rise to the original fine,
| 4 | | continues is a separate violation. The maximum fine that | 5 | | may be levied against
any licensee, for the period of the | 6 | | license, shall not exceed $20,000.
The maximum penalty that | 7 | | may be imposed on a licensee for selling a bottle of
| 8 | | alcoholic liquor with a foreign object in it or serving | 9 | | from a bottle of
alcoholic liquor with a foreign object in | 10 | | it shall be the destruction of that
bottle of alcoholic | 11 | | liquor for the first 10 bottles so sold or served from by
| 12 | | the licensee. For the eleventh bottle of alcoholic liquor | 13 | | and for each third
bottle thereafter sold or served from by | 14 | | the licensee with a foreign object in
it, the maximum | 15 | | penalty that may be imposed on the licensee is the | 16 | | destruction
of the bottle of alcoholic liquor and a fine of | 17 | | up to $50.
| 18 | | (2) To adopt such rules and regulations consistent with | 19 | | the
provisions of this Act which shall be necessary to | 20 | | carry on its
functions and duties to the end that the | 21 | | health, safety and welfare of
the People of the State of | 22 | | Illinois shall be protected and temperance in
the | 23 | | consumption of alcoholic liquors shall be fostered and | 24 | | promoted and
to distribute copies of such rules and | 25 | | regulations to all licensees
affected thereby.
| 26 | | (3) To call upon other administrative departments of |
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| 1 | | the State,
county and municipal governments, county and | 2 | | city police departments and
upon prosecuting officers for | 3 | | such information and assistance as it
deems necessary in | 4 | | the performance of its duties.
| 5 | | (4) To recommend to local commissioners rules and | 6 | | regulations, not
inconsistent with the law, for the | 7 | | distribution and sale of alcoholic
liquors throughout the | 8 | | State.
| 9 | | (5) To inspect, or cause to be inspected, any
premises | 10 | | in this State
where alcoholic liquors are manufactured, | 11 | | distributed, warehoused, or
sold.
| 12 | | (5.1) Upon receipt of a complaint or upon having | 13 | | knowledge that any person
is engaged in business as a | 14 | | manufacturer, importing distributor, distributor,
or | 15 | | retailer without a license or valid license, to notify the | 16 | | local liquor
authority, file a complaint with the State's | 17 | | Attorney's Office of the county
where the incident | 18 | | occurred, or initiate an investigation with the | 19 | | appropriate
law enforcement officials.
| 20 | | (5.2) To issue a cease and desist notice to persons | 21 | | shipping alcoholic
liquor
into this State from a point | 22 | | outside of this State if the shipment is in
violation of | 23 | | this Act.
| 24 | | (5.3) To receive complaints from licensees, local | 25 | | officials, law
enforcement agencies, organizations, and | 26 | | persons stating that any licensee has
been or is violating |
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| 1 | | any provision of this Act or the rules and regulations
| 2 | | issued pursuant to this Act. Such complaints shall be in | 3 | | writing, signed and
sworn to by the person making the | 4 | | complaint, and shall state with specificity
the facts in | 5 | | relation to the alleged violation. If the Commission has
| 6 | | reasonable grounds to believe that the complaint | 7 | | substantially alleges a
violation of this Act or rules and | 8 | | regulations adopted pursuant to this Act, it
shall conduct | 9 | | an investigation. If, after conducting an investigation, | 10 | | the
Commission is satisfied that the alleged violation did | 11 | | occur, it shall proceed
with disciplinary action against | 12 | | the licensee as provided in this Act.
| 13 | | (6) To hear and determine appeals from orders of a | 14 | | local commission
in accordance with the provisions of this | 15 | | Act, as hereinafter set forth.
Hearings under this | 16 | | subsection shall be held in Springfield or Chicago,
at | 17 | | whichever location is the more convenient for the majority | 18 | | of persons
who are parties to the hearing.
| 19 | | (7) The commission shall establish uniform systems of | 20 | | accounts to be
kept by all retail licensees having more | 21 | | than 4 employees, and for this
purpose the commission may | 22 | | classify all retail licensees having more
than 4 employees | 23 | | and establish a uniform system of accounts for each
class | 24 | | and prescribe the manner in which such accounts shall be | 25 | | kept.
The commission may also prescribe the forms of | 26 | | accounts to be kept by
all retail licensees having more |
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| 1 | | than 4 employees, including but not
limited to accounts of | 2 | | earnings and expenses and any distribution,
payment, or | 3 | | other distribution of earnings or assets, and any other
| 4 | | forms, records and memoranda which in the judgment of the | 5 | | commission may
be necessary or appropriate to carry out any | 6 | | of the provisions of this
Act, including but not limited to | 7 | | such forms, records and memoranda as
will readily and | 8 | | accurately disclose at all times the beneficial
ownership | 9 | | of such retail licensed business. The accounts, forms,
| 10 | | records and memoranda shall be available at all reasonable | 11 | | times for
inspection by authorized representatives of the | 12 | | State commission or by
any local liquor control | 13 | | commissioner or his or her authorized representative.
The | 14 | | commission, may, from time to time, alter, amend or repeal, | 15 | | in whole
or in part, any uniform system of accounts, or the | 16 | | form and manner of
keeping accounts.
| 17 | | (8) In the conduct of any hearing authorized to be held | 18 | | by the
commission, to appoint, at the commission's | 19 | | discretion, hearing officers
to conduct hearings involving | 20 | | complex issues or issues that will require a
protracted | 21 | | period of time to resolve, to examine, or cause to be | 22 | | examined,
under oath, any licensee, and to examine or cause | 23 | | to be examined the books and
records
of such licensee; to | 24 | | hear testimony and take proof material for its
information | 25 | | in the discharge of its duties hereunder; to administer or
| 26 | | cause to be administered oaths; for any such purpose to |
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| 1 | | issue
subpoena or subpoenas to require the attendance of | 2 | | witnesses and the
production of books, which shall be | 3 | | effective in any part of this State, and
to adopt rules to | 4 | | implement its powers under this paragraph (8).
| 5 | | Any Circuit Court may by order duly entered,
require | 6 | | the attendance of witnesses and the production of relevant | 7 | | books
subpoenaed by the State commission and the court may | 8 | | compel
obedience to its order by proceedings for contempt.
| 9 | | (9) To investigate the administration of laws in | 10 | | relation to
alcoholic liquors in this and other states and | 11 | | any foreign countries,
and to recommend from time to time | 12 | | to the Governor and through him or
her to the legislature | 13 | | of this State, such amendments to this Act, if any, as
it | 14 | | may think desirable and as will serve to further the | 15 | | general broad
purposes contained in Section 1-2 hereof.
| 16 | | (10) To adopt such rules and regulations consistent | 17 | | with the
provisions of this Act which shall be necessary | 18 | | for the control, sale or
disposition of alcoholic liquor | 19 | | damaged as a result of an accident, wreck,
flood, fire or | 20 | | other similar occurrence.
| 21 | | (11) To develop industry educational programs related | 22 | | to responsible
serving and selling, particularly in the | 23 | | areas of overserving consumers and
illegal underage | 24 | | purchasing and consumption of alcoholic beverages.
| 25 | | (11.1) To license persons providing education and | 26 | | training to alcohol
beverage sellers and servers under the
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| 1 | | Beverage Alcohol Sellers and Servers
Education and | 2 | | Training (BASSET) programs and to develop and administer a | 3 | | public
awareness program in Illinois to reduce or eliminate | 4 | | the illegal purchase and
consumption of alcoholic beverage | 5 | | products by persons under the age of 21.
Application for a | 6 | | license shall be made on forms provided by the State
| 7 | | Commission.
| 8 | | (12) To develop and maintain a repository of license | 9 | | and regulatory
information.
| 10 | | (13) On or before January 15, 1994, the Commission | 11 | | shall issue
a written report to the Governor and General | 12 | | Assembly that is to be based on a
comprehensive study of | 13 | | the impact on and implications for the State of Illinois
of | 14 | | Section 1926 of the Federal ADAMHA Reorganization Act of | 15 | | 1992 (Public Law
102-321). This study shall address the | 16 | | extent to which Illinois currently
complies with the | 17 | | provisions of P.L. 102-321 and the rules promulgated | 18 | | pursuant
thereto.
| 19 | | As part of its report, the Commission shall provide the | 20 | | following essential
information:
| 21 | | (i) the number of retail distributors of tobacco | 22 | | products, by type and
geographic area, in the State;
| 23 | | (ii) the number of reported citations and | 24 | | successful convictions,
categorized by type and | 25 | | location of retail distributor, for violation of the
| 26 | | Prevention of Tobacco Use by Minors and Sale and |
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| 1 | | Distribution of Tobacco Products Act and the Smokeless
| 2 | | Tobacco Limitation Act;
| 3 | | (iii) the extent and nature of organized | 4 | | educational and governmental
activities that are | 5 | | intended to promote, encourage or otherwise secure
| 6 | | compliance with any Illinois laws that prohibit the | 7 | | sale or distribution of
tobacco products to minors; and
| 8 | | (iv) the level of access and availability of | 9 | | tobacco products to
individuals under the age of 18.
| 10 | | To obtain the data necessary to comply with the | 11 | | provisions of P.L. 102-321
and the requirements of this | 12 | | report, the Commission shall conduct random,
unannounced | 13 | | inspections of a geographically and scientifically | 14 | | representative
sample of the State's retail tobacco | 15 | | distributors.
| 16 | | The Commission shall consult with the Department of | 17 | | Public Health, the
Department of Human Services, the
| 18 | | Illinois State Police and any
other executive branch | 19 | | agency, and private organizations that may have
| 20 | | information relevant to this report.
| 21 | | The Commission may contract with the Food and Drug | 22 | | Administration of the
U.S. Department of Health and Human | 23 | | Services to conduct unannounced
investigations of Illinois | 24 | | tobacco vendors to determine compliance with federal
laws | 25 | | relating to the illegal sale of cigarettes and smokeless | 26 | | tobacco products
to persons under the age of 18.
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| 1 | | (14) On or before April 30, 2008 and every 2 years
| 2 | | thereafter, the Commission shall present a written
report | 3 | | to the Governor and the General Assembly that shall
be | 4 | | based on a study of the impact of this amendatory Act of
| 5 | | the 95th General Assembly on the business of soliciting,
| 6 | | selling, and shipping wine from inside and outside of this
| 7 | | State directly to residents of this State. As part of its
| 8 | | report, the Commission shall provide all of the
following | 9 | | information: | 10 | | (A) The amount of State excise and sales tax
| 11 | | revenues generated. | 12 | | (B) The amount of licensing fees received. | 13 | | (C) The number of cases of wine shipped from inside
| 14 | | and outside of this State directly to residents of this
| 15 | | State. | 16 | | (D) The number of alcohol compliance operations
| 17 | | conducted. | 18 | | (E) The number of winery shipper's licenses
| 19 | | issued. | 20 | | (F) The number of each of the following: reported
| 21 | | violations; cease and desist notices issued by the
| 22 | | Commission; notices of violations issued by
the | 23 | | Commission and to the Department of Revenue;
and | 24 | | notices and complaints of violations to law
| 25 | | enforcement officials, including, without limitation,
| 26 | | the Illinois Attorney General and the U.S. Department
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| 1 | | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | 2 | | (15) As a means to reduce the underage consumption of
| 3 | | alcoholic liquors, the Commission shall conduct
alcohol | 4 | | compliance operations to investigate whether
businesses | 5 | | that are soliciting, selling, and shipping wine
from inside | 6 | | or outside of this State directly to residents
of this | 7 | | State are licensed by this State or are selling or
| 8 | | attempting to sell wine to persons under 21 years of age in
| 9 | | violation of this Act. | 10 | | (16) The Commission shall, in addition to
notifying any | 11 | | appropriate law enforcement agency, submit
notices of | 12 | | complaints or violations of Sections 6-29 and
6-29.1 by | 13 | | persons who do not hold a winery shipper's
license under | 14 | | this amendatory Act to the Illinois Attorney General and
to | 15 | | the U.S. Department of Treasury's Alcohol and Tobacco Tax | 16 | | and Trade Bureau. | 17 | | (17) (A) A person licensed to make wine under the laws | 18 | | of another state who has a winery shipper's license under | 19 | | this amendatory Act and annually produces less than 25,000 | 20 | | gallons of wine or a person who has a first-class or | 21 | | second-class wine manufacturer's license, a first-class or | 22 | | second-class wine-maker's license, or a limited wine | 23 | | manufacturer's license under this Act and annually | 24 | | produces less than 25,000 gallons of wine may make | 25 | | application to the Commission for a self-distribution | 26 | | exemption to allow the sale of not more than 5,000 gallons |
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| 1 | | of the exemption holder's wine to retail licensees per | 2 | | year. | 3 | | (B) In the application, which shall be sworn under | 4 | | penalty of perjury, such person shall state (1) the | 5 | | date it was established; (2) its volume of production | 6 | | and sales for each year since its establishment; (3) | 7 | | its efforts to establish distributor relationships; | 8 | | (4) that a self-distribution exemption is necessary to | 9 | | facilitate the marketing of its wine; and (5) that it | 10 | | will comply with the liquor and revenue laws of the | 11 | | United States, this State, and any other state where it | 12 | | is licensed. | 13 | | (C) The Commission shall approve the application | 14 | | for a self-distribution exemption if such person: (1) | 15 | | is in compliance with State revenue and liquor laws; | 16 | | (2) is not a member of any affiliated group that | 17 | | produces more than 25,000 gallons of wine per annum or | 18 | | produces any other alcoholic liquor; (3) will not | 19 | | annually produce for sale more than 25,000 gallons of | 20 | | wine; and (4) will not annually sell more than 5,000 | 21 | | gallons of its wine to retail licensees. | 22 | | (D) A self-distribution exemption holder shall | 23 | | annually certify to the Commission its production of | 24 | | wine in the previous 12 months and its anticipated | 25 | | production and sales for the next 12 months. The | 26 | | Commission may fine, suspend, or revoke a |
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| 1 | | self-distribution exemption after a hearing if it | 2 | | finds that the exemption holder has made a material | 3 | | misrepresentation in its application, violated a | 4 | | revenue or liquor law of Illinois, exceeded production | 5 | | of 25,000 gallons of wine in any calendar year, or | 6 | | become part of an affiliated group producing more than | 7 | | 25,000 gallons of wine or any other alcoholic liquor. | 8 | | (E) Except in hearings for violations of this Act | 9 | | or amendatory Act or a bona fide investigation by duly | 10 | | sworn law enforcement officials, the Commission, or | 11 | | its agents, the Commission shall maintain the | 12 | | production and sales information of a | 13 | | self-distribution exemption holder as confidential and | 14 | | shall not release such information to any person. | 15 | | (F) The Commission shall issue regulations | 16 | | governing self-distribution exemptions consistent with | 17 | | this Section and this Act. | 18 | | (G) Nothing in this subsection (17) shall prohibit | 19 | | a self-distribution exemption holder from entering | 20 | | into or simultaneously having a distribution agreement | 21 | | with a licensed Illinois distributor. | 22 | | (H) It is the intent of this subsection (17) to | 23 | | promote and continue orderly markets. The General | 24 | | Assembly finds that in order to preserve Illinois' | 25 | | regulatory distribution system it is necessary to | 26 | | create an exception for smaller makers of wine as their |
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| 1 | | wines are frequently adjusted in varietals, mixes, | 2 | | vintages, and taste to find and create market niches | 3 | | sometimes too small for distributor or importing | 4 | | distributor business strategies. Limited | 5 | | self-distribution rights will afford and allow smaller | 6 | | makers of wine access to the marketplace in order to | 7 | | develop a customer base without impairing the | 8 | | integrity of the 3-tier system.
| 9 | | (18)(A) A craft brewer licensee, who must also be | 10 | | either a licensed brewer or licensed non-resident dealer | 11 | | and annually manufacture less than 465,000 gallons of beer, | 12 | | may make application to the Commission for a | 13 | | self-distribution exemption to allow the sale of not more | 14 | | than 232,500 gallons of the exemption holder's beer to | 15 | | retail licensees per year. | 16 | | (B) In the application, which shall be sworn under | 17 | | penalty of perjury, the craft brewer licensee shall | 18 | | state (1) the date it was established; (2) its volume | 19 | | of beer manufactured and sold for each year since its | 20 | | establishment; (3) its efforts to establish | 21 | | distributor relationships; (4) that a | 22 | | self-distribution exemption is necessary to facilitate | 23 | | the marketing of its beer; and (5) that it will comply | 24 | | with the alcoholic beverage and revenue laws of the | 25 | | United States, this State, and any other state where it | 26 | | is licensed. |
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| 1 | | (C) Any application submitted shall be posted on | 2 | | the Commission's website at least 45 days prior to | 3 | | action by the Commission. The Commission shall approve | 4 | | the application for a self-distribution exemption if | 5 | | the craft brewer licensee: (1) is in compliance with | 6 | | the State, revenue, and alcoholic beverage laws; (2) is | 7 | | not a member of any affiliated group that manufacturers | 8 | | more than 465,000 gallons of beer per annum or produces | 9 | | any other alcoholic beverages; (3) shall not annually | 10 | | manufacture for sale more than 465,000 gallons of beer; | 11 | | and (4) shall not annually sell more than 232,500 | 12 | | gallons of its beer to retail licensees. | 13 | | (D) A self-distribution exemption holder shall | 14 | | annually certify to the Commission its manufacture of | 15 | | beer during the previous 12 months and its anticipated | 16 | | manufacture and sales of beer for the next 12 months. | 17 | | The Commission may fine, suspend, or revoke a | 18 | | self-distribution exemption after a hearing if it | 19 | | finds that the exemption holder has made a material | 20 | | misrepresentation in its application, violated a | 21 | | revenue or alcoholic beverage law of Illinois, | 22 | | exceeded the manufacture of 465,000 gallons of beer in | 23 | | any calendar year or became part of an affiliated group | 24 | | manufacturing more than 465,000 gallons of beer or any | 25 | | other alcoholic beverage. | 26 | | (E) The Commission shall issue rules and |
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| 1 | | regulations governing self-distribution exemptions | 2 | | consistent with this Act. | 3 | | (F) Nothing in this paragraph (18) shall prohibit a | 4 | | self-distribution exemption holder from entering into | 5 | | or simultaneously having a distribution agreement with | 6 | | a licensed Illinois importing distributor or a | 7 | | distributor. If a self-distribution exemption holder | 8 | | enters into a distribution agreement and has assigned | 9 | | distribution rights to an importing distributor or | 10 | | distributor, then the self-distribution exemption | 11 | | holder's distribution rights in the assigned | 12 | | territories shall cease in a reasonable time not to | 13 | | exceed 60 days. | 14 | | (G) It is the intent of this paragraph (18) to | 15 | | promote and continue orderly markets. The General | 16 | | Assembly finds that in order to preserve Illinois' | 17 | | regulatory distribution system it is necessary to | 18 | | create an exception for smaller manufacturers in order | 19 | | to afford and allow such smaller manufacturers of beer | 20 | | access to the marketplace in order to develop a | 21 | | customer base without impairing the integrity of the | 22 | | 3-tier system. | 23 | | (b) On or before April 30, 1999, the Commission shall | 24 | | present a written
report to the Governor and the General | 25 | | Assembly that shall be based on a study
of the impact of this | 26 | | amendatory Act of 1998 on the business of soliciting,
selling, |
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| 1 | | and shipping
alcoholic liquor from outside of this State | 2 | | directly to residents of this
State.
| 3 | | As part of its report, the Commission shall provide the | 4 | | following
information:
| 5 | | (i) the amount of State excise and sales tax revenues | 6 | | generated as a
result of this amendatory Act of 1998;
| 7 | | (ii) the amount of licensing fees received as a result | 8 | | of this amendatory
Act of 1998;
| 9 | | (iii) the number of reported violations, the number of | 10 | | cease and desist
notices issued by the Commission, the | 11 | | number of notices of violations issued
to the Department of | 12 | | Revenue, and the number of notices and complaints of
| 13 | | violations to law enforcement officials.
| 14 | | (Source: P.A. 95-634, eff. 6-1-08; 96-179, eff. 8-10-09; | 15 | | 96-446, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| 16 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | 17 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control | 18 | | Commission
shall be of the following classes: | 19 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 20 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 21 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | 22 | | First Class Winemaker, Class 7. Second Class Winemaker, Class | 23 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | 24 | | 10. Craft Brewer, | 25 | | (b) Distributor's license, |
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| 1 | | (c) Importing Distributor's license, | 2 | | (d) Retailer's license, | 3 | | (e) Special Event Retailer's license (not-for-profit), | 4 | | (f) Railroad license, | 5 | | (g) Boat license, | 6 | | (h) Non-Beverage User's license, | 7 | | (i) Wine-maker's premises license, | 8 | | (j) Airplane license, | 9 | | (k) Foreign importer's license, | 10 | | (l) Broker's license, | 11 | | (m) Non-resident dealer's
license, | 12 | | (n) Brew Pub license, | 13 | | (o) Auction liquor license, | 14 | | (p) Caterer retailer license, | 15 | | (q) Special use permit license, | 16 | | (r) Winery shipper's license.
| 17 | | No
person, firm, partnership, corporation, or other legal | 18 | | business entity that is
engaged in the manufacturing of wine | 19 | | may concurrently obtain and hold a
wine-maker's license and a | 20 | | wine manufacturer's license. | 21 | | (a) A manufacturer's license shall allow the manufacture,
| 22 | | importation in bulk, storage, distribution and sale of | 23 | | alcoholic liquor
to persons without the State, as may be | 24 | | permitted by law and to licensees
in this State as follows: | 25 | | Class 1. A Distiller may make sales and deliveries of | 26 | | alcoholic liquor to
distillers, rectifiers, importing |
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| 1 | | distributors, distributors and
non-beverage users and to no | 2 | | other licensees. | 3 | | Class 2. A Rectifier, who is not a distiller, as defined | 4 | | herein, may make
sales and deliveries of alcoholic liquor to | 5 | | rectifiers, importing distributors,
distributors, retailers | 6 | | and non-beverage users and to no other licensees. | 7 | | Class 3. A Brewer may make sales and deliveries of beer to | 8 | | importing
distributors and , distributors and may make sales as | 9 | | authorized under subsection (e) of Section 6-4 of this Act , | 10 | | and to non-licensees, and to
retailers provided the brewer | 11 | | obtains an importing distributor's license or
distributor's | 12 | | license in accordance with the provisions of this Act . | 13 | | Class 4. A first class wine-manufacturer may make sales and | 14 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
| 15 | | importing
distributors and distributors, and to no other | 16 | | licensees. | 17 | | Class 5. A second class Wine manufacturer may make sales | 18 | | and deliveries
of more than 50,000 gallons of wine to | 19 | | manufacturers, importing distributors
and distributors and to | 20 | | no other licensees. | 21 | | Class 6. A first-class wine-maker's license shall allow the | 22 | | manufacture
of up to 50,000 gallons of wine per year, and the
| 23 | | storage
and sale of such
wine to distributors in the State and | 24 | | to persons without the
State, as may be permitted by law. A | 25 | | person who, prior to the effective date of this amendatory Act | 26 | | of the 95th General Assembly, is a holder of a first-class |
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| 1 | | wine-maker's license and annually produces more than 25,000 | 2 | | gallons of its own wine and who distributes its wine to | 3 | | licensed retailers shall cease this practice on or before July | 4 | | 1, 2008 in compliance with this amendatory Act of the 95th | 5 | | General Assembly. | 6 | | Class 7. A second-class wine-maker's license shall allow | 7 | | the manufacture
of between 50,000 and 150,000 gallons of wine | 8 | | per year, and
the
storage and sale of such wine
to distributors | 9 | | in this State and to persons without the State, as may be
| 10 | | permitted by law. A person who, prior to the effective date of | 11 | | this amendatory Act of the 95th General Assembly, is a holder | 12 | | of a second-class wine-maker's license and annually produces | 13 | | more than 25,000 gallons of its own wine and who distributes | 14 | | its wine to licensed retailers shall cease this practice on or | 15 | | before July 1, 2008 in compliance with this amendatory Act of | 16 | | the 95th General Assembly. | 17 | | Class 8. A limited wine-manufacturer may make sales and | 18 | | deliveries not to
exceed 40,000 gallons of wine per year to | 19 | | distributors, and to
non-licensees in accordance with the | 20 | | provisions of this Act. | 21 | | Class 9. A craft distiller license shall allow the | 22 | | manufacture of up to 5,000 gallons of spirits by distillation | 23 | | per year and the storage of such spirits. If a craft distiller | 24 | | licensee is not affiliated with any other manufacturer, then | 25 | | the craft distiller licensee may sell such spirits to | 26 | | distributors in this State and non-licensees to the extent |
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| 1 | | permitted by any exemption approved by the Commission pursuant | 2 | | to Section 6-4 of this Act. | 3 | | Any craft distiller licensed under this Act who on the | 4 | | effective date of this amendatory Act of the 96th General | 5 | | Assembly was licensed as a distiller and manufactured no more | 6 | | spirits than permitted by this Section shall not be required to | 7 | | pay the initial licensing fee. | 8 | | Class 10. A craft brewer's license, which may only be | 9 | | issued to a licensed brewer or licensed non-resident dealer, | 10 | | shall allow the manufacture of up to 465,000 gallons of beer | 11 | | per year. A craft brewer licensee may make sales and deliveries | 12 | | to importing distributors and distributors and to retail | 13 | | licensees in accordance with the conditions set forth in | 14 | | paragraph (18) of subsection (a) of Section 3-12 of this Act. | 15 | | (a-1) A manufacturer which is licensed in this State to | 16 | | make sales or
deliveries of alcoholic liquor and which enlists | 17 | | agents, representatives, or
individuals acting on its behalf | 18 | | who contact licensed retailers on a regular
and continual basis | 19 | | in this State must register those agents, representatives,
or | 20 | | persons acting on its behalf with the State Commission. | 21 | | Registration of agents, representatives, or persons acting | 22 | | on behalf of a
manufacturer is fulfilled by submitting a form | 23 | | to the Commission. The form
shall be developed by the | 24 | | Commission and shall include the name and address of
the | 25 | | applicant, the name and address of the manufacturer he or she | 26 | | represents,
the territory or areas assigned to sell to or |
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| 1 | | discuss pricing terms of
alcoholic liquor, and any other | 2 | | questions deemed appropriate and necessary.
All statements in | 3 | | the forms required to be made by law or by rule shall be
deemed | 4 | | material, and any person who knowingly misstates any material | 5 | | fact under
oath in an application is guilty of a Class B | 6 | | misdemeanor. Fraud,
misrepresentation, false statements, | 7 | | misleading statements, evasions, or
suppression of material | 8 | | facts in the securing of a registration are grounds for
| 9 | | suspension or revocation of the registration. | 10 | | (b) A distributor's license shall allow the wholesale | 11 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 12 | | liquors to licensees
in this State and to persons without the | 13 | | State, as may be permitted by law. | 14 | | (c) An importing distributor's license may be issued to and | 15 | | held by
those only who are duly licensed distributors, upon the | 16 | | filing of an
application by a duly licensed distributor, with | 17 | | the Commission and
the Commission shall, without the
payment of | 18 | | any fee, immediately issue such importing distributor's
| 19 | | license to the applicant, which shall allow the importation of | 20 | | alcoholic
liquor by the licensee into this State from any point | 21 | | in the United
States outside this State, and the purchase of | 22 | | alcoholic liquor in
barrels, casks or other bulk containers and | 23 | | the bottling of such
alcoholic liquors before resale thereof, | 24 | | but all bottles or containers
so filled shall be sealed, | 25 | | labeled, stamped and otherwise made to comply
with all | 26 | | provisions, rules and regulations governing manufacturers in
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| 1 | | the preparation and bottling of alcoholic liquors. The | 2 | | importing
distributor's license shall permit such licensee to | 3 | | purchase alcoholic
liquor from Illinois licensed non-resident | 4 | | dealers and foreign importers only. | 5 | | (d) A retailer's license shall allow the licensee to sell | 6 | | and offer
for sale at retail, only in the premises specified in | 7 | | the license,
alcoholic liquor for use or consumption, but not | 8 | | for resale in any form. Nothing in this amendatory Act of the | 9 | | 95th General Assembly shall deny, limit, remove, or restrict | 10 | | the ability of a holder of a retailer's license to transfer, | 11 | | deliver, or ship alcoholic liquor to the purchaser for use or | 12 | | consumption subject to any applicable local law or ordinance. | 13 | | Any retail license issued to a manufacturer shall only
permit | 14 | | the manufacturer to sell beer at retail on the premises | 15 | | actually
occupied by the manufacturer. For the purpose of | 16 | | further describing the type of business conducted at a retail | 17 | | licensed premises, a retailer's licensee may be designated by | 18 | | the State Commission as (i) an on premise consumption retailer, | 19 | | (ii) an off premise sale retailer, or (iii) a combined on | 20 | | premise consumption and off premise sale retailer.
| 21 | | Notwithstanding any other provision of this subsection | 22 | | (d), a retail
licensee may sell alcoholic liquors to a special | 23 | | event retailer licensee for
resale to the extent permitted | 24 | | under subsection (e). | 25 | | (e) A special event retailer's license (not-for-profit) | 26 | | shall permit the
licensee to purchase alcoholic liquors from an |
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| 1 | | Illinois licensed distributor
(unless the licensee purchases | 2 | | less than $500 of alcoholic liquors for the
special event, in | 3 | | which case the licensee may purchase the alcoholic liquors
from | 4 | | a licensed retailer) and shall allow the licensee to sell and | 5 | | offer for
sale, at retail, alcoholic liquors for use or | 6 | | consumption, but not for resale
in any form and only at the | 7 | | location and on the specific dates designated for
the special | 8 | | event in the license. An applicant for a special event retailer
| 9 | | license must
(i) furnish with the application: (A) a resale | 10 | | number issued under Section
2c of the Retailers' Occupation Tax | 11 | | Act or evidence that the applicant is
registered under Section | 12 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 13 | | exemption identification
number issued under Section 1g of the | 14 | | Retailers' Occupation Tax Act, and a
certification to the | 15 | | Commission that the purchase of alcoholic liquors will be
a | 16 | | tax-exempt purchase, or (C) a statement that the applicant is | 17 | | not registered
under Section 2a of the Retailers' Occupation | 18 | | Tax Act, does not hold a resale
number under Section 2c of the | 19 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 20 | | number under Section 1g of the Retailers' Occupation Tax
Act, | 21 | | in which event the Commission shall set forth on the special | 22 | | event
retailer's license a statement to that effect; (ii) | 23 | | submit with the application proof satisfactory to
the State | 24 | | Commission that the applicant will provide dram shop liability
| 25 | | insurance in the maximum limits; and (iii) show proof | 26 | | satisfactory to the
State Commission that the applicant has |
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| 1 | | obtained local authority
approval. | 2 | | (f) A railroad license shall permit the licensee to import | 3 | | alcoholic
liquors into this State from any point in the United | 4 | | States outside this
State and to store such alcoholic liquors | 5 | | in this State; to make wholesale
purchases of alcoholic liquors | 6 | | directly from manufacturers, foreign
importers, distributors | 7 | | and importing distributors from within or outside
this State; | 8 | | and to store such alcoholic liquors in this State; provided
| 9 | | that the above powers may be exercised only in connection with | 10 | | the
importation, purchase or storage of alcoholic liquors to be | 11 | | sold or
dispensed on a club, buffet, lounge or dining car | 12 | | operated on an electric,
gas or steam railway in this State; | 13 | | and provided further, that railroad
licensees exercising the | 14 | | above powers shall be subject to all provisions of
Article VIII | 15 | | of this Act as applied to importing distributors. A railroad
| 16 | | license shall also permit the licensee to sell or dispense | 17 | | alcoholic
liquors on any club, buffet, lounge or dining car | 18 | | operated on an electric,
gas or steam railway regularly | 19 | | operated by a common carrier in this State,
but shall not | 20 | | permit the sale for resale of any alcoholic liquors to any
| 21 | | licensee within this State. A license shall be obtained for | 22 | | each car in which
such sales are made. | 23 | | (g) A boat license shall allow the sale of alcoholic liquor | 24 | | in
individual drinks, on any passenger boat regularly operated | 25 | | as a common
carrier on navigable waters in this State or on any | 26 | | riverboat operated
under
the Riverboat Gambling Act, which boat |
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| 1 | | or riverboat maintains a public
dining room or restaurant | 2 | | thereon. | 3 | | (h) A non-beverage user's license shall allow the licensee | 4 | | to
purchase alcoholic liquor from a licensed manufacturer or | 5 | | importing
distributor, without the imposition of any tax upon | 6 | | the business of such
licensed manufacturer or importing | 7 | | distributor as to such alcoholic
liquor to be used by such | 8 | | licensee solely for the non-beverage purposes
set forth in | 9 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 10 | | shall be divided and classified and shall permit the
purchase, | 11 | | possession and use of limited and stated quantities of
| 12 | | alcoholic liquor as follows: | 13 | | Class 1, not to exceed ......................... 500 gallons
| 14 | | Class 2, not to exceed ....................... 1,000 gallons
| 15 | | Class 3, not to exceed ....................... 5,000 gallons
| 16 | | Class 4, not to exceed ...................... 10,000 gallons
| 17 | | Class 5, not to exceed ....................... 50,000 gallons | 18 | | (i) A wine-maker's premises license shall allow a
licensee | 19 | | that concurrently holds a first-class wine-maker's license to | 20 | | sell
and offer for sale at retail in the premises specified in | 21 | | such license
not more than 50,000 gallons of the first-class | 22 | | wine-maker's wine that is
made at the first-class wine-maker's | 23 | | licensed premises per year for use or
consumption, but not for | 24 | | resale in any form. A wine-maker's premises
license shall allow | 25 | | a licensee who concurrently holds a second-class
wine-maker's | 26 | | license to sell and offer for sale at retail in the premises
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| 1 | | specified in such license up to 100,000 gallons of the
| 2 | | second-class wine-maker's wine that is made at the second-class | 3 | | wine-maker's
licensed premises per year
for use or consumption | 4 | | but not for resale in any form. A wine-maker's premises license | 5 | | shall allow a
licensee that concurrently holds a first-class | 6 | | wine-maker's license or a second-class
wine-maker's license to | 7 | | sell
and offer for sale at retail at the premises specified in | 8 | | the wine-maker's premises license, for use or consumption but | 9 | | not for resale in any form, any beer, wine, and spirits | 10 | | purchased from a licensed distributor. Upon approval from the
| 11 | | State Commission, a wine-maker's premises license
shall allow | 12 | | the licensee to sell and offer for sale at (i) the wine-maker's
| 13 | | licensed premises and (ii) at up to 2 additional locations for | 14 | | use and
consumption and not for resale. Each location shall | 15 | | require additional
licensing per location as specified in | 16 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
| 17 | | secure liquor liability insurance coverage in an amount at
| 18 | | least equal to the maximum liability amounts set forth in
| 19 | | subsection (a) of Section 6-21 of this Act.
| 20 | | (j) An airplane license shall permit the licensee to import
| 21 | | alcoholic liquors into this State from any point in the United | 22 | | States
outside this State and to store such alcoholic liquors | 23 | | in this State; to
make wholesale purchases of alcoholic liquors | 24 | | directly from
manufacturers, foreign importers, distributors | 25 | | and importing
distributors from within or outside this State; | 26 | | and to store such
alcoholic liquors in this State; provided |
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| 1 | | that the above powers may be
exercised only in connection with | 2 | | the importation, purchase or storage
of alcoholic liquors to be | 3 | | sold or dispensed on an airplane; and
provided further, that | 4 | | airplane licensees exercising the above powers
shall be subject | 5 | | to all provisions of Article VIII of this Act as
applied to | 6 | | importing distributors. An airplane licensee shall also
permit | 7 | | the sale or dispensing of alcoholic liquors on any passenger
| 8 | | airplane regularly operated by a common carrier in this State, | 9 | | but shall
not permit the sale for resale of any alcoholic | 10 | | liquors to any licensee
within this State. A single airplane | 11 | | license shall be required of an
airline company if liquor | 12 | | service is provided on board aircraft in this
State. The annual | 13 | | fee for such license shall be as determined in
Section 5-3. | 14 | | (k) A foreign importer's license shall permit such licensee | 15 | | to purchase
alcoholic liquor from Illinois licensed | 16 | | non-resident dealers only, and to
import alcoholic liquor other | 17 | | than in bulk from any point outside the
United States and to | 18 | | sell such alcoholic liquor to Illinois licensed
importing | 19 | | distributors and to no one else in Illinois;
provided that (i) | 20 | | the foreign importer registers with the State Commission
every
| 21 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 22 | | licensees during the
license period, (ii) the foreign importer | 23 | | complies with all of the provisions
of Section
6-9 of this Act | 24 | | with respect to registration of such Illinois licensees as may
| 25 | | be granted the
right to sell such brands at wholesale, and | 26 | | (iii) the foreign importer complies with the provisions of |
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| 1 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 2 | | provisions apply to manufacturers. | 3 | | (l) (i) A broker's license shall be required of all persons
| 4 | | who solicit
orders for, offer to sell or offer to supply | 5 | | alcoholic liquor to
retailers in the State of Illinois, or who | 6 | | offer to retailers to ship or
cause to be shipped or to make | 7 | | contact with distillers, rectifiers,
brewers or manufacturers | 8 | | or any other party within or without the State
of Illinois in | 9 | | order that alcoholic liquors be shipped to a distributor,
| 10 | | importing distributor or foreign importer, whether such | 11 | | solicitation or
offer is consummated within or without the | 12 | | State of Illinois. | 13 | | No holder of a retailer's license issued by the Illinois | 14 | | Liquor
Control Commission shall purchase or receive any | 15 | | alcoholic liquor, the
order for which was solicited or offered | 16 | | for sale to such retailer by a
broker unless the broker is the | 17 | | holder of a valid broker's license. | 18 | | The broker shall, upon the acceptance by a retailer of the | 19 | | broker's
solicitation of an order or offer to sell or supply or | 20 | | deliver or have
delivered alcoholic liquors, promptly forward | 21 | | to the Illinois Liquor
Control Commission a notification of | 22 | | said transaction in such form as
the Commission may by | 23 | | regulations prescribe. | 24 | | (ii) A broker's license shall be required of
a person | 25 | | within this State, other than a retail licensee,
who, for a fee | 26 | | or commission, promotes, solicits, or accepts orders for
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| 1 | | alcoholic liquor, for use or consumption and not for
resale, to | 2 | | be shipped from this State and delivered to residents outside | 3 | | of
this State by an express company, common carrier, or | 4 | | contract carrier.
This Section does not apply to any person who | 5 | | promotes, solicits, or accepts
orders for wine as specifically | 6 | | authorized in Section 6-29 of this Act. | 7 | | A broker's license under this subsection (l)
shall not | 8 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 9 | | own account or to take or deliver title to
such alcoholic | 10 | | liquors. | 11 | | This subsection (l)
shall not apply to distributors, | 12 | | employees of
distributors, or employees of a manufacturer who | 13 | | has registered the
trademark, brand or name of the alcoholic | 14 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 15 | | sells such alcoholic liquor
in the State of Illinois only to | 16 | | its registrants thereunder. | 17 | | Any agent, representative, or person subject to | 18 | | registration pursuant to
subsection (a-1) of this Section shall | 19 | | not be eligible to receive a broker's
license. | 20 | | (m) A non-resident dealer's license shall permit such | 21 | | licensee to ship
into and warehouse alcoholic liquor into this | 22 | | State from any point
outside of this State, and to sell such | 23 | | alcoholic liquor to Illinois licensed
foreign importers and | 24 | | importing distributors and to no one else in this State;
| 25 | | provided that (i) said non-resident dealer shall register with | 26 | | the Illinois Liquor
Control Commission each and every brand of |
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| 1 | | alcoholic liquor which it proposes
to sell to Illinois | 2 | | licensees during the license period, (ii) it shall comply with | 3 | | all of the provisions of Section 6-9 hereof with
respect to | 4 | | registration of such Illinois licensees as may be granted the | 5 | | right
to sell such brands at wholesale, and (iii) the | 6 | | non-resident dealer shall comply with the provisions of | 7 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 8 | | provisions apply to manufacturers. | 9 | | (n) A brew pub license shall allow the licensee to | 10 | | manufacture beer only
on the premises specified in the license, | 11 | | to make sales of the
beer manufactured on the premises to | 12 | | importing distributors, distributors,
and to non-licensees for | 13 | | use and consumption, to store the beer upon
the premises, and | 14 | | to sell and offer for sale at retail from the licensed
| 15 | | premises, provided that a brew pub licensee shall not sell for | 16 | | off-premises
consumption more than 50,000 gallons per year. | 17 | | (o) A caterer retailer license shall allow the holder
to | 18 | | serve alcoholic liquors as an incidental part of a food service | 19 | | that serves
prepared meals which excludes the serving of snacks | 20 | | as
the primary meal, either on or off-site whether licensed or | 21 | | unlicensed. | 22 | | (p) An auction liquor license shall allow the licensee to | 23 | | sell and offer
for sale at auction wine and spirits for use or | 24 | | consumption, or for resale by
an Illinois liquor licensee in | 25 | | accordance with provisions of this Act. An
auction liquor | 26 | | license will be issued to a person and it will permit the
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| 1 | | auction liquor licensee to hold the auction anywhere in the | 2 | | State. An auction
liquor license must be obtained for each | 3 | | auction at least 14 days in advance of
the auction date. | 4 | | (q) A special use permit license shall allow an Illinois | 5 | | licensed
retailer to transfer a portion of its alcoholic liquor | 6 | | inventory from its
retail licensed premises to the premises | 7 | | specified in the license hereby
created, and to sell or offer | 8 | | for sale at retail, only in the premises
specified in the | 9 | | license hereby created, the transferred alcoholic liquor for
| 10 | | use or consumption, but not for resale in any form. A special | 11 | | use permit
license may be granted for the following time | 12 | | periods: one day or less; 2 or
more days to a maximum of 15 days | 13 | | per location in any 12 month period. An
applicant for the | 14 | | special use permit license must also submit with the
| 15 | | application proof satisfactory to the State Commission that the | 16 | | applicant will
provide dram shop liability insurance to the | 17 | | maximum limits and have local
authority approval. | 18 | | (r) A winery shipper's license shall allow a person
with a | 19 | | first-class or second-class wine manufacturer's
license, a | 20 | | first-class or second-class wine-maker's license,
or a limited | 21 | | wine manufacturer's license or who is licensed to
make wine | 22 | | under the laws of another state to ship wine
made by that | 23 | | licensee directly to a resident of this
State who is 21 years | 24 | | of age or older for that resident's
personal use and not for | 25 | | resale. Prior to receiving a
winery shipper's license, an | 26 | | applicant for the license must
provide the Commission with a |
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| 1 | | true copy of its current
license in any state in which it is | 2 | | licensed as a manufacturer
of wine. An applicant for a winery | 3 | | shipper's license must
also complete an application form that | 4 | | provides any other
information the Commission deems necessary. | 5 | | The
application form shall include an acknowledgement | 6 | | consenting
to the jurisdiction of the Commission, the Illinois
| 7 | | Department of Revenue, and the courts of this State concerning
| 8 | | the enforcement of this Act and any related laws, rules, and
| 9 | | regulations, including authorizing the Department of Revenue
| 10 | | and the Commission to conduct audits for the purpose of
| 11 | | ensuring compliance with this amendatory Act. | 12 | | A winery shipper licensee must pay to the Department
of | 13 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 14 | | all wine that is sold by the licensee and shipped to a person
| 15 | | in this State. For the purposes of Section 8-1, a winery
| 16 | | shipper licensee shall be taxed in the same manner as a
| 17 | | manufacturer of wine. A licensee who is not otherwise required | 18 | | to register under the Retailers' Occupation Tax Act must
| 19 | | register under the Use Tax Act to collect and remit use tax to
| 20 | | the Department of Revenue for all gallons of wine that are sold
| 21 | | by the licensee and shipped to persons in this State. If a
| 22 | | licensee fails to remit the tax imposed under this Act in
| 23 | | accordance with the provisions of Article VIII of this Act, the
| 24 | | winery shipper's license shall be revoked in accordance
with | 25 | | the provisions of Article VII of this Act. If a licensee
fails | 26 | | to properly register and remit tax under the Use Tax Act
or the |
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| 1 | | Retailers' Occupation Tax Act for all wine that is sold
by the | 2 | | winery shipper and shipped to persons in this
State, the winery | 3 | | shipper's license shall be revoked in
accordance with the | 4 | | provisions of Article VII of this Act. | 5 | | A winery shipper licensee must collect, maintain, and
| 6 | | submit to the Commission on a semi-annual basis the
total | 7 | | number of cases per resident of wine shipped to residents
of | 8 | | this State.
A winery shipper licensed under this subsection (r)
| 9 | | must comply with the requirements of Section 6-29 of this | 10 | | amendatory Act.
| 11 | | (Source: P.A. 95-331, eff. 8-21-07; 95-634, eff. 6-1-08; | 12 | | 95-769, eff. 7-29-08; 96-1367, eff. 7-28-10.) | 13 | | (235 ILCS 5/5-3) (from Ch. 43, par. 118) | 14 | | Sec. 5-3. License fees. Except as otherwise provided | 15 | | herein, at the time
application is made to the State Commission | 16 | | for a license of any class, the
applicant shall pay to the | 17 | | State Commission the fee hereinafter provided for
the kind of | 18 | | license applied for. | 19 | | The fee for licenses issued by the State Commission shall | 20 | | be as follows: | 21 | | For a manufacturer's license: | |
22 | | Class 1. Distiller ............................. | $3,600 | |
23 | | Class 2. Rectifier ............................. | 3,600 | |
24 | | Class 3. Brewer ................................ | 900 | |
25 | | Class 4. First-class Wine Manufacturer ......... | 600 | |
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| 1 | | Class 5. Second-class | | |
2 | | Wine Manufacturer .......................... | 1,200 | |
3 | | Class 6. First-class wine-maker ................ | 600 | |
4 | | Class 7. Second-class wine-maker ............... | 1200 | |
5 | | Class 8. Limited Wine Manufacturer .............. | 120 | |
6 | | Class 9. Craft Distiller ........................ | 1,800 | |
7 | | Class 10. Craft Brewer .......................... | 25 | |
8 | | For a Brew Pub License ......................... | 1,050 | |
9 | | For a caterer retailer's license ................ | 200 | |
10 | | For a foreign importer's license ............... | 25 | |
11 | | For an importing distributor's license ......... | 25 | |
12 | | For a distributor's license .................... | 270 | |
13 | | For a non-resident dealer's license | | |
14 | | (500,000 gallons or over) .................. | 270 | |
15 | | For a non-resident dealer's license | | |
16 | | (under 500,000 gallons) .................... | 90 | |
17 | | For a wine-maker's premises license ............ | 100 | |
18 | | For a winery shipper's license | | |
19 | | (under 250,000 gallons) ..................... | 150 | |
20 | | For a winery shipper's license
| | |
21 | | (250,000 or over, but under 500,000 gallons) . | 500 | |
22 | | For a winery shipper's license
| | |
23 | | (500,000 gallons or over) ................... | 1,000 | |
24 | | For a wine-maker's premises license, | | |
25 | | second location ............................ | 350 | |
26 | | For a wine-maker's premises license, | | |
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| 1 | | third location ............................. | 350 | |
2 | | For a retailer's license ....................... | 500 | |
3 | | For a special event retailer's license, | | |
4 | | (not-for-profit) ........................... | 25 | |
5 | | For a special use permit license, | | |
6 | | one day only ............................... | 50 | |
7 | | 2 days or more ............................. | 100 | |
8 | | For a railroad license ......................... | 60 | |
9 | | For a boat license ............................. | 180 | |
10 | | For an airplane license, times the | | |
11 | | licensee's maximum number of aircraft | | |
12 | | in flight, serving liquor over the | | |
13 | | State at any given time, which either | | |
14 | | originate, terminate, or make | | |
15 | | an intermediate stop in the State .......... | 60 | |
16 | | For a non-beverage user's license: | | |
17 | | Class 1 .................................... | 24 | |
18 | | Class 2 .................................... | 60 | |
19 | | Class 3 .................................... | 120 | |
20 | | Class 4 .................................... | 240 | |
21 | | Class 5 .................................... | 600 | |
22 | | For a broker's license ......................... | 600 | |
23 | | For an auction liquor license .................. | 50 |
| 24 | | Fees collected under this Section shall be paid into the
| 25 | | Dram Shop Fund. On and after July 1, 2003, of the funds | 26 | | received for a
retailer's license, in
addition to the
first |
| | | 09700SB0754sam002 | - 37 - | LRB097 04475 ASK 54391 a |
|
| 1 | | $175, an additional $75 shall be paid into the Dram Shop Fund, | 2 | | and $250
shall be
paid into the General Revenue Fund. Beginning | 3 | | June 30, 1990 and on June 30
of each
subsequent year through | 4 | | June 29, 2003, any balance over $5,000,000
remaining in the | 5 | | Dram Shop Fund
shall be credited to State liquor licensees and | 6 | | applied against their fees for
State liquor licenses for the | 7 | | following year. The amount credited to each
licensee shall be a | 8 | | proportion of the balance in the Dram Fund that is the
same as | 9 | | the proportion of the license fee paid by the licensee under
| 10 | | this Section for the period in which the balance was | 11 | | accumulated to the
aggregate fees paid by all licensees during | 12 | | that period. | 13 | | No fee shall be paid for licenses issued by the State | 14 | | Commission to
the following non-beverage users: | 15 | | (a) Hospitals, sanitariums, or clinics when their use | 16 | | of alcoholic
liquor is exclusively medicinal, mechanical | 17 | | or scientific. | 18 | | (b) Universities, colleges of learning or schools when | 19 | | their use of
alcoholic liquor is exclusively medicinal, | 20 | | mechanical or scientific. | 21 | | (c) Laboratories when their use is exclusively for the | 22 | | purpose of
scientific research. | 23 | | (Source: P.A. 95-634, eff. 6-1-08; 96-1367, eff. 7-28-10.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.".
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