Illinois General Assembly - Full Text of SB3456
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Full Text of SB3456  97th General Assembly

SB3456sam003 97TH GENERAL ASSEMBLY

Sen. Michael W. Frerichs

Filed: 3/26/2012

 

 


 

 


 
09700SB3456sam003LRB097 17702 AMC 67981 a

1
AMENDMENT TO SENATE BILL 3456

2    AMENDMENT NO. ______. Amend Senate Bill 3456 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 1-3.39, 5-1, and 5-3 as follows:
 
6    (235 ILCS 5/1-3.39 new)
7    Sec. 1-3.39. Manufacturer special use permit.
8"Manufacturer special use permit" means a permit that
9authorizes an in-state or out-of-state winemaker, brewer, or
10distiller that produces less than 150,000 gallons of wine per
11year, less than 465,000 gallons of beer per year, or less than
1215,000 gallons of spirits per year to transfer some of its
13wine, beer, or spirits inventory from its licensed premises to
14sell at retail only at premises specified in a local authority
15license and only for the dates and times specified.
 

 

 

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1    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
2    Sec. 5-1. Licenses issued by the Illinois Liquor Control
3Commission shall be of the following classes:
4    (a) Manufacturer's license - Class 1. Distiller, Class 2.
5Rectifier, Class 3. Brewer, Class 4. First Class Wine
6Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
7First Class Winemaker, Class 7. Second Class Winemaker, Class
88. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
910. Craft Brewer,
10    (b) Distributor's license,
11    (c) Importing Distributor's license,
12    (d) Retailer's license,
13    (e) Special Event Retailer's license (not-for-profit),
14    (f) Railroad license,
15    (g) Boat license,
16    (h) Non-Beverage User's license,
17    (i) Wine-maker's premises license,
18    (j) Airplane license,
19    (k) Foreign importer's license,
20    (l) Broker's license,
21    (m) Non-resident dealer's license,
22    (n) Brew Pub license,
23    (o) Auction liquor license,
24    (p) Caterer retailer license,
25    (q) Special use permit license,
26    (r) Winery shipper's license, .

 

 

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

 

 

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1manufacturers, importing distributors and distributors and to
2no other licensees.
3    Class 6. A first-class wine-maker's license shall allow the
4manufacture of up to 50,000 gallons of wine per year, and the
5storage and sale of such wine to distributors in the State and
6to persons without the State, as may be permitted by law. A
7person who, prior to the effective date of this amendatory Act
8of the 95th General Assembly, is a holder of a first-class
9wine-maker's license and annually produces more than 25,000
10gallons of its own wine and who distributes its wine to
11licensed retailers shall cease this practice on or before July
121, 2008 in compliance with this amendatory Act of the 95th
13General Assembly.
14    Class 7. A second-class wine-maker's license shall allow
15the manufacture of between 50,000 and 150,000 gallons of wine
16per year, and the storage and sale of such wine to distributors
17in this State and to persons without the State, as may be
18permitted by law. A person who, prior to the effective date of
19this amendatory Act of the 95th General Assembly, is a holder
20of a second-class wine-maker's license and annually produces
21more than 25,000 gallons of its own wine and who distributes
22its wine to licensed retailers shall cease this practice on or
23before July 1, 2008 in compliance with this amendatory Act of
24the 95th General Assembly.
25    Class 8. A limited wine-manufacturer may make sales and
26deliveries not to exceed 40,000 gallons of wine per year to

 

 

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1distributors, and to non-licensees in accordance with the
2provisions of this Act.
3    Class 9. A craft distiller license shall allow the
4manufacture of up to 15,000 gallons of spirits by distillation
5per year and the storage of such spirits. If a craft distiller
6licensee is not affiliated with any other manufacturer, then
7the craft distiller licensee may sell such spirits to
8distributors in this State and non-licensees to the extent
9permitted by any exemption approved by the Commission pursuant
10to Section 6-4 of this Act.
11    Any craft distiller licensed under this Act who on the
12effective date of this amendatory Act of the 96th General
13Assembly was licensed as a distiller and manufactured no more
14spirits than permitted by this Section shall not be required to
15pay the initial licensing fee.
16    Class 10. A craft brewer's license, which may only be
17issued to a licensed brewer or licensed non-resident dealer,
18shall allow the manufacture of up to 465,000 gallons of beer
19per year. A craft brewer licensee may make sales and deliveries
20to importing distributors and distributors and to retail
21licensees in accordance with the conditions set forth in
22paragraph (18) of subsection (a) of Section 3-12 of this Act.
23    (a-1) A manufacturer which is licensed in this State to
24make sales or deliveries of alcoholic liquor and which enlists
25agents, representatives, or individuals acting on its behalf
26who contact licensed retailers on a regular and continual basis

 

 

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1in this State must register those agents, representatives, or
2persons acting on its behalf with the State Commission.
3    Registration of agents, representatives, or persons acting
4on behalf of a manufacturer is fulfilled by submitting a form
5to the Commission. The form shall be developed by the
6Commission and shall include the name and address of the
7applicant, the name and address of the manufacturer he or she
8represents, the territory or areas assigned to sell to or
9discuss pricing terms of alcoholic liquor, and any other
10questions deemed appropriate and necessary. All statements in
11the forms required to be made by law or by rule shall be deemed
12material, and any person who knowingly misstates any material
13fact under oath in an application is guilty of a Class B
14misdemeanor. Fraud, misrepresentation, false statements,
15misleading statements, evasions, or suppression of material
16facts in the securing of a registration are grounds for
17suspension or revocation of the registration.
18    (b) A distributor's license shall allow the wholesale
19purchase and storage of alcoholic liquors and sale of alcoholic
20liquors to licensees in this State and to persons without the
21State, as may be permitted by law.
22    (c) An importing distributor's license may be issued to and
23held by those only who are duly licensed distributors, upon the
24filing of an application by a duly licensed distributor, with
25the Commission and the Commission shall, without the payment of
26any fee, immediately issue such importing distributor's

 

 

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1license to the applicant, which shall allow the importation of
2alcoholic liquor by the licensee into this State from any point
3in the United States outside this State, and the purchase of
4alcoholic liquor in barrels, casks or other bulk containers and
5the bottling of such alcoholic liquors before resale thereof,
6but all bottles or containers so filled shall be sealed,
7labeled, stamped and otherwise made to comply with all
8provisions, rules and regulations governing manufacturers in
9the preparation and bottling of alcoholic liquors. The
10importing distributor's license shall permit such licensee to
11purchase alcoholic liquor from Illinois licensed non-resident
12dealers and foreign importers only.
13    (d) A retailer's license shall allow the licensee to sell
14and offer for sale at retail, only in the premises specified in
15the license, alcoholic liquor for use or consumption, but not
16for resale in any form. Nothing in this amendatory Act of the
1795th General Assembly shall deny, limit, remove, or restrict
18the ability of a holder of a retailer's license to transfer,
19deliver, or ship alcoholic liquor to the purchaser for use or
20consumption subject to any applicable local law or ordinance.
21Any retail license issued to a manufacturer shall only permit
22the manufacturer to sell beer at retail on the premises
23actually occupied by the manufacturer. For the purpose of
24further describing the type of business conducted at a retail
25licensed premises, a retailer's licensee may be designated by
26the State Commission as (i) an on premise consumption retailer,

 

 

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1(ii) an off premise sale retailer, or (iii) a combined on
2premise consumption and off premise sale retailer.
3    Notwithstanding any other provision of this subsection
4(d), a retail licensee may sell alcoholic liquors to a special
5event retailer licensee for resale to the extent permitted
6under subsection (e).
7    (e) A special event retailer's license (not-for-profit)
8shall permit the licensee to purchase alcoholic liquors from an
9Illinois licensed distributor (unless the licensee purchases
10less than $500 of alcoholic liquors for the special event, in
11which case the licensee may purchase the alcoholic liquors from
12a licensed retailer) and shall allow the licensee to sell and
13offer for sale, at retail, alcoholic liquors for use or
14consumption, but not for resale in any form and only at the
15location and on the specific dates designated for the special
16event in the license. An applicant for a special event retailer
17license must (i) furnish with the application: (A) a resale
18number issued under Section 2c of the Retailers' Occupation Tax
19Act or evidence that the applicant is registered under Section
202a of the Retailers' Occupation Tax Act, (B) a current, valid
21exemption identification number issued under Section 1g of the
22Retailers' Occupation Tax Act, and a certification to the
23Commission that the purchase of alcoholic liquors will be a
24tax-exempt purchase, or (C) a statement that the applicant is
25not registered under Section 2a of the Retailers' Occupation
26Tax Act, does not hold a resale number under Section 2c of the

 

 

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1Retailers' Occupation Tax Act, and does not hold an exemption
2number under Section 1g of the Retailers' Occupation Tax Act,
3in which event the Commission shall set forth on the special
4event retailer's license a statement to that effect; (ii)
5submit with the application proof satisfactory to the State
6Commission that the applicant will provide dram shop liability
7insurance in the maximum limits; and (iii) show proof
8satisfactory to the State Commission that the applicant has
9obtained local authority approval.
10    (f) A railroad license shall permit the licensee to import
11alcoholic liquors into this State from any point in the United
12States outside this State and to store such alcoholic liquors
13in this State; to make wholesale purchases of alcoholic liquors
14directly from manufacturers, foreign importers, distributors
15and importing distributors from within or outside this State;
16and to store such alcoholic liquors in this State; provided
17that the above powers may be exercised only in connection with
18the importation, purchase or storage of alcoholic liquors to be
19sold or dispensed on a club, buffet, lounge or dining car
20operated on an electric, gas or steam railway in this State;
21and provided further, that railroad licensees exercising the
22above powers shall be subject to all provisions of Article VIII
23of this Act as applied to importing distributors. A railroad
24license shall also permit the licensee to sell or dispense
25alcoholic liquors on any club, buffet, lounge or dining car
26operated on an electric, gas or steam railway regularly

 

 

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1operated by a common carrier in this State, but shall not
2permit the sale for resale of any alcoholic liquors to any
3licensee within this State. A license shall be obtained for
4each car in which such sales are made.
5    (g) A boat license shall allow the sale of alcoholic liquor
6in individual drinks, on any passenger boat regularly operated
7as a common carrier on navigable waters in this State or on any
8riverboat operated under the Riverboat Gambling Act, which boat
9or riverboat maintains a public dining room or restaurant
10thereon.
11    (h) A non-beverage user's license shall allow the licensee
12to purchase alcoholic liquor from a licensed manufacturer or
13importing distributor, without the imposition of any tax upon
14the business of such licensed manufacturer or importing
15distributor as to such alcoholic liquor to be used by such
16licensee solely for the non-beverage purposes set forth in
17subsection (a) of Section 8-1 of this Act, and such licenses
18shall be divided and classified and shall permit the purchase,
19possession and use of limited and stated quantities of
20alcoholic liquor as follows:
21Class 1, not to exceed ......................... 500 gallons
22Class 2, not to exceed ....................... 1,000 gallons
23Class 3, not to exceed ....................... 5,000 gallons
24Class 4, not to exceed ...................... 10,000 gallons
25Class 5, not to exceed ....................... 50,000 gallons
26    (i) A wine-maker's premises license shall allow a licensee

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1not be eligible to receive a broker's license.
2    (m) A non-resident dealer's license shall permit such
3licensee to ship into and warehouse alcoholic liquor into this
4State from any point outside of this State, and to sell such
5alcoholic liquor to Illinois licensed foreign importers and
6importing distributors and to no one else in this State;
7provided that (i) said non-resident dealer shall register with
8the Illinois Liquor Control Commission each and every brand of
9alcoholic liquor which it proposes to sell to Illinois
10licensees during the license period, (ii) it shall comply with
11all of the provisions of Section 6-9 hereof with respect to
12registration of such Illinois licensees as may be granted the
13right to sell such brands at wholesale, and (iii) the
14non-resident dealer shall comply with the provisions of
15Sections 6-5 and 6-6 of this Act to the same extent that these
16provisions apply to manufacturers.
17    (n) A brew pub license shall allow the licensee (i) to
18manufacture beer only on the premises specified in the license,
19(ii) to make sales of the beer manufactured on the premises or,
20with the approval of the Commission, beer manufactured on
21another brew pub licensed premises that is substantially owned
22and operated by the same licensee to importing distributors,
23distributors, and to non-licensees for use and consumption,
24(iii) to store the beer upon the premises, and (iv) to sell and
25offer for sale at retail from the licensed premises, provided
26that a brew pub licensee shall not sell for off-premises

 

 

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1consumption more than 50,000 gallons per year. A person who
2holds a brew pub license may simultaneously hold a craft brewer
3license if he or she otherwise qualifies for the craft brewer
4license and the craft brewer license is for a location separate
5from the brew pub's licensed premises. A brew pub license shall
6permit a person who has received prior approval from the
7Commission to annually transfer no more than a total of 50,000
8gallons of beer manufactured on premises to all other licensed
9brew pubs that are substantially owned and operated by the same
10person.
11    (o) A caterer retailer license shall allow the holder to
12serve alcoholic liquors as an incidental part of a food service
13that serves prepared meals which excludes the serving of snacks
14as the primary meal, either on or off-site whether licensed or
15unlicensed.
16    (p) An auction liquor license shall allow the licensee to
17sell and offer for sale at auction wine and spirits for use or
18consumption, or for resale by an Illinois liquor licensee in
19accordance with provisions of this Act. An auction liquor
20license will be issued to a person and it will permit the
21auction liquor licensee to hold the auction anywhere in the
22State. An auction liquor license must be obtained for each
23auction at least 14 days in advance of the auction date.
24    (q) A special use permit license shall allow an Illinois
25licensed retailer to transfer a portion of its alcoholic liquor
26inventory from its retail licensed premises to the premises

 

 

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1specified in the license hereby created, and to sell or offer
2for sale at retail, only in the premises specified in the
3license hereby created, the transferred alcoholic liquor for
4use or consumption, but not for resale in any form. A special
5use permit license may be granted for the following time
6periods: one day or less; 2 or more days to a maximum of 15 days
7per location in any 12 month period. An applicant for the
8special use permit license must also submit with the
9application proof satisfactory to the State Commission that the
10applicant will provide dram shop liability insurance to the
11maximum limits and have local authority approval.
12    (r) A winery shipper's license shall allow a person with a
13first-class or second-class wine manufacturer's license, a
14first-class or second-class wine-maker's license, or a limited
15wine manufacturer's license or who is licensed to make wine
16under the laws of another state to ship wine made by that
17licensee directly to a resident of this State who is 21 years
18of age or older for that resident's personal use and not for
19resale. Prior to receiving a winery shipper's license, an
20applicant for the license must provide the Commission with a
21true copy of its current license in any state in which it is
22licensed as a manufacturer of wine. An applicant for a winery
23shipper's license must also complete an application form that
24provides any other information the Commission deems necessary.
25The application form shall include an acknowledgement
26consenting to the jurisdiction of the Commission, the Illinois

 

 

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1Department of Revenue, and the courts of this State concerning
2the enforcement of this Act and any related laws, rules, and
3regulations, including authorizing the Department of Revenue
4and the Commission to conduct audits for the purpose of
5ensuring compliance with this amendatory Act.
6    A winery shipper licensee must pay to the Department of
7Revenue the State liquor gallonage tax under Section 8-1 for
8all wine that is sold by the licensee and shipped to a person
9in this State. For the purposes of Section 8-1, a winery
10shipper licensee shall be taxed in the same manner as a
11manufacturer of wine. A licensee who is not otherwise required
12to register under the Retailers' Occupation Tax Act must
13register under the Use Tax Act to collect and remit use tax to
14the Department of Revenue for all gallons of wine that are sold
15by the licensee and shipped to persons in this State. If a
16licensee fails to remit the tax imposed under this Act in
17accordance with the provisions of Article VIII of this Act, the
18winery shipper's license shall be revoked in accordance with
19the provisions of Article VII of this Act. If a licensee fails
20to properly register and remit tax under the Use Tax Act or the
21Retailers' Occupation Tax Act for all wine that is sold by the
22winery shipper and shipped to persons in this State, the winery
23shipper's license shall be revoked in accordance with the
24provisions of Article VII of this Act.
25    A winery shipper licensee must collect, maintain, and
26submit to the Commission on a semi-annual basis the total

 

 

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1number of cases per resident of wine shipped to residents of
2this State. A winery shipper licensed under this subsection (r)
3must comply with the requirements of Section 6-29 of this
4amendatory Act.
5    (s) A manufacturer special use permit shall allow an
6in-state or out-of-state winemaker, brewer, or distiller that
7produces less than 150,000 gallons of wine per year, less than
8465,000 gallons of beer per year, or less than 15,000 gallons
9of spirits per year to transfer some of its wine, beer, or
10spirits inventory from its licensed premises to the premises
11specified in the local liquor authority license and to sell or
12offer for sale at retail only at the premises specified in the
13local authority license and only for the dates and times
14specified in the local authority license. An out-of-state
15winemaker, brewer, or distiller must hold an Illinois
16non-resident dealer license. A manufacturer special use permit
17may be granted for a period not to exceed 12 months for a
18maximum of 15 consecutive days or 50 non-consecutive days at a
19single location. An applicant for a manufacturer special use
20permit must also submit with the application to the State
21Commission a list of dates and locations of all events to be
22scheduled during the 12-month license period and proof
23satisfactory to the State Commission that the applicant will
24provide dram shop liability insurance to the maximum limits. If
25the date and location of an event is undetermined at the time
26of application, then the manufacturer special use permit holder

 

 

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1shall submit to the State Commission the date and time of the
2additional event in a manner acceptable to the State Commission
3at least 7 days prior to the event, at which time the permit
4holder shall obtain an amended manufacturer special use permit.
5The manufacturer special use permit holder shall obtain local
6authority approval for each use of the permit and the
7manufacturer special use permit shall state "THIS MANUFACTURER
8SPECIAL USE PERMIT SHALL BE VOID IF THE NAMED HOLDER IS UNABLE
9TO OBTAIN AND PRODUCE ADEQUATE WRITTEN PROOF THAT SALES AT THIS
10EVENT BY THE PERMIT HOLDER HAVE BEEN AUTHORIZED BY THE LOCAL
11LIQUOR LICENSING AUTHORITY.". Notwithstanding the conditions
12of State license issuance in Section 3-14 of this Act, the
13State Commission may issue a manufacturer special use permit
14prior to local authority approval. State Commission approval of
15the manufacturer special permit does not mandate local approval
16of sales at the event. A manufacturer special use permit shall
17allow the applicant to sell only its own manufactured wine,
18spirits, or beer.
19(Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11; 97-455,
20eff. 8-19-11; revised 9-16-11.)
 
21    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
22    Sec. 5-3. License fees. Except as otherwise provided
23herein, at the time application is made to the State Commission
24for a license of any class, the applicant shall pay to the
25State Commission the fee hereinafter provided for the kind of

 

 

09700SB3456sam003- 21 -LRB097 17702 AMC 67981 a

1license applied for.
2    The fee for licenses issued by the State Commission shall
3be as follows:
4    For a manufacturer's license:
5    Class 1. Distiller .............................$3,600
6    Class 2. Rectifier .............................3,600
7    Class 3. Brewer ................................900
8    Class 4. First-class Wine Manufacturer .........600
9    Class 5. Second-class
10        Wine Manufacturer ..........................1,200
11    Class 6. First-class wine-maker ................600
12    Class 7. Second-class wine-maker ...............1200
13    Class 8. Limited Wine Manufacturer..............120
14    Class 9. Craft Distiller........................ 1,800
15    Class 10. Craft Brewer..........................25
16    For a Brew Pub License .........................1,050
17    For a caterer retailer's license................200
18    For a foreign importer's license ...............25
19    For an importing distributor's license .........25
20    For a distributor's license ....................270
21    For a non-resident dealer's license
22        (500,000 gallons or over) ..................270
23    For a non-resident dealer's license
24        (under 500,000 gallons) ....................90
25    For a wine-maker's premises license ............100
26    For a winery shipper's license

 

 

09700SB3456sam003- 22 -LRB097 17702 AMC 67981 a

1        (under 250,000 gallons).....................150
2    For a winery shipper's license
3        (250,000 or over, but under 500,000 gallons).500
4    For a winery shipper's license
5        (500,000 gallons or over)...................1,000
6    For a wine-maker's premises license,
7        second location ............................350
8    For a wine-maker's premises license,
9        third location .............................350
10    For a retailer's license .......................500
11    For a special event retailer's license,
12        (not-for-profit) ...........................25
13    For a special use permit license,
14        one day only ...............................50
15        2 days or more .............................100
16    For a manufacturer special use permit ...........100
17    For a railroad license .........................60
18    For a boat license .............................180
19    For an airplane license, times the
20        licensee's maximum number of aircraft
21        in flight, serving liquor over the
22        State at any given time, which either
23        originate, terminate, or make
24        an intermediate stop in the State ..........60
25    For a non-beverage user's license:
26        Class 1 ....................................24

 

 

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1        Class 2 ....................................60
2        Class 3 ....................................120
3        Class 4 ....................................240
4        Class 5 ....................................600
5    For a broker's license .........................600
6    For an auction liquor license ..................50
7    Fees collected under this Section shall be paid into the
8Dram Shop Fund. On and after July 1, 2003, of the funds
9received for a retailer's license, in addition to the first
10$175, an additional $75 shall be paid into the Dram Shop Fund,
11and $250 shall be paid into the General Revenue Fund. Beginning
12June 30, 1990 and on June 30 of each subsequent year through
13June 29, 2003, any balance over $5,000,000 remaining in the
14Dram Shop Fund shall be credited to State liquor licensees and
15applied against their fees for State liquor licenses for the
16following year. The amount credited to each licensee shall be a
17proportion of the balance in the Dram Fund that is the same as
18the proportion of the license fee paid by the licensee under
19this Section for the period in which the balance was
20accumulated to the aggregate fees paid by all licensees during
21that period.
22    No fee shall be paid for licenses issued by the State
23Commission to the following non-beverage users:
24        (a) Hospitals, sanitariums, or clinics when their use
25    of alcoholic liquor is exclusively medicinal, mechanical
26    or scientific.

 

 

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1        (b) Universities, colleges of learning or schools when
2    their use of alcoholic liquor is exclusively medicinal,
3    mechanical or scientific.
4        (c) Laboratories when their use is exclusively for the
5    purpose of scientific research.
6(Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11.)".