Full Text of SB3456 97th General Assembly
SB3456sam003 97TH GENERAL ASSEMBLY | Sen. Michael W. Frerichs Filed: 3/26/2012
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| 1 | | AMENDMENT TO SENATE BILL 3456
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3456 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 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 | 9 | | authorizes an in-state or out-of-state winemaker, brewer, or | 10 | | distiller that produces less than 150,000 gallons of wine per | 11 | | year, less than 465,000 gallons of beer per year, or less than | 12 | | 15,000 gallons of spirits per year to transfer some of its | 13 | | wine, beer, or spirits inventory from its licensed premises to | 14 | | sell at retail only at premises specified in a local authority | 15 | | license 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 | 3 | | Commission
shall be of the following classes: | 4 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 5 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 6 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | 7 | | First Class Winemaker, Class 7. Second Class Winemaker, Class | 8 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | 9 | | 10. 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 | 3 | | business entity that is
engaged in the manufacturing of wine | 4 | | may concurrently obtain and hold a
wine-maker's license and a | 5 | | wine manufacturer's license. | 6 | | (a) A manufacturer's license shall allow the manufacture,
| 7 | | importation in bulk, storage, distribution and sale of | 8 | | alcoholic liquor
to persons without the State, as may be | 9 | | permitted by law and to licensees
in this State as follows: | 10 | | Class 1. A Distiller may make sales and deliveries of | 11 | | alcoholic liquor to
distillers, rectifiers, importing | 12 | | distributors, distributors and
non-beverage users and to no | 13 | | other licensees. | 14 | | Class 2. A Rectifier, who is not a distiller, as defined | 15 | | herein, may make
sales and deliveries of alcoholic liquor to | 16 | | rectifiers, importing distributors,
distributors, retailers | 17 | | and non-beverage users and to no other licensees. | 18 | | Class 3. A Brewer may make sales and deliveries of beer to | 19 | | importing
distributors and distributors and may make sales as | 20 | | authorized under subsection (e) of Section 6-4 of this Act. | 21 | | Class 4. A first class wine-manufacturer may make sales and | 22 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
| 23 | | importing
distributors and distributors, and to no other | 24 | | licensees. | 25 | | Class 5. A second class Wine manufacturer may make sales | 26 | | and deliveries
of more than 50,000 gallons of wine to |
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| 1 | | manufacturers, importing distributors
and distributors and to | 2 | | no other licensees. | 3 | | Class 6. A first-class wine-maker's license shall allow the | 4 | | manufacture
of up to 50,000 gallons of wine per year, and the
| 5 | | storage
and sale of such
wine to distributors in the State and | 6 | | to persons without the
State, as may be permitted by law. A | 7 | | person who, prior to the effective date of this amendatory Act | 8 | | of the 95th General Assembly, is a holder of a first-class | 9 | | wine-maker's license and annually produces more than 25,000 | 10 | | gallons of its own wine and who distributes its wine to | 11 | | licensed retailers shall cease this practice on or before July | 12 | | 1, 2008 in compliance with this amendatory Act of the 95th | 13 | | General Assembly. | 14 | | Class 7. A second-class wine-maker's license shall allow | 15 | | the manufacture
of between 50,000 and 150,000 gallons of wine | 16 | | per year, and
the
storage and sale of such wine
to distributors | 17 | | in this State and to persons without the State, as may be
| 18 | | permitted by law. A person who, prior to the effective date of | 19 | | this amendatory Act of the 95th General Assembly, is a holder | 20 | | of a second-class wine-maker's license and annually produces | 21 | | more than 25,000 gallons of its own wine and who distributes | 22 | | its wine to licensed retailers shall cease this practice on or | 23 | | before July 1, 2008 in compliance with this amendatory Act of | 24 | | the 95th General Assembly. | 25 | | Class 8. A limited wine-manufacturer may make sales and | 26 | | deliveries not to
exceed 40,000 gallons of wine per year to |
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| 1 | | distributors, and to
non-licensees in accordance with the | 2 | | provisions of this Act. | 3 | | Class 9. A craft distiller license shall allow the | 4 | | manufacture of up to 15,000 gallons of spirits by distillation | 5 | | per year and the storage of such spirits. If a craft distiller | 6 | | licensee is not affiliated with any other manufacturer, then | 7 | | the craft distiller licensee may sell such spirits to | 8 | | distributors in this State and non-licensees to the extent | 9 | | permitted by any exemption approved by the Commission pursuant | 10 | | to Section 6-4 of this Act. | 11 | | Any craft distiller licensed under this Act who on the | 12 | | effective date of this amendatory Act of the 96th General | 13 | | Assembly was licensed as a distiller and manufactured no more | 14 | | spirits than permitted by this Section shall not be required to | 15 | | pay the initial licensing fee. | 16 | | Class 10. A craft brewer's license, which may only be | 17 | | issued to a licensed brewer or licensed non-resident dealer, | 18 | | shall allow the manufacture of up to 465,000 gallons of beer | 19 | | per year. A craft brewer licensee may make sales and deliveries | 20 | | to importing distributors and distributors and to retail | 21 | | licensees in accordance with the conditions set forth in | 22 | | paragraph (18) of subsection (a) of Section 3-12 of this Act. | 23 | | (a-1) A manufacturer which is licensed in this State to | 24 | | make sales or
deliveries of alcoholic liquor and which enlists | 25 | | agents, representatives, or
individuals acting on its behalf | 26 | | who contact licensed retailers on a regular
and continual basis |
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| 1 | | in this State must register those agents, representatives,
or | 2 | | persons acting on its behalf with the State Commission. | 3 | | Registration of agents, representatives, or persons acting | 4 | | on behalf of a
manufacturer is fulfilled by submitting a form | 5 | | to the Commission. The form
shall be developed by the | 6 | | Commission and shall include the name and address of
the | 7 | | applicant, the name and address of the manufacturer he or she | 8 | | represents,
the territory or areas assigned to sell to or | 9 | | discuss pricing terms of
alcoholic liquor, and any other | 10 | | questions deemed appropriate and necessary.
All statements in | 11 | | the forms required to be made by law or by rule shall be
deemed | 12 | | material, and any person who knowingly misstates any material | 13 | | fact under
oath in an application is guilty of a Class B | 14 | | misdemeanor. Fraud,
misrepresentation, false statements, | 15 | | misleading statements, evasions, or
suppression of material | 16 | | facts in the securing of a registration are grounds for
| 17 | | suspension or revocation of the registration. | 18 | | (b) A distributor's license shall allow the wholesale | 19 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 20 | | liquors to licensees
in this State and to persons without the | 21 | | State, as may be permitted by law. | 22 | | (c) An importing distributor's license may be issued to and | 23 | | held by
those only who are duly licensed distributors, upon the | 24 | | filing of an
application by a duly licensed distributor, with | 25 | | the Commission and
the Commission shall, without the
payment of | 26 | | any fee, immediately issue such importing distributor's
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| 1 | | license to the applicant, which shall allow the importation of | 2 | | alcoholic
liquor by the licensee into this State from any point | 3 | | in the United
States outside this State, and the purchase of | 4 | | alcoholic liquor in
barrels, casks or other bulk containers and | 5 | | the bottling of such
alcoholic liquors before resale thereof, | 6 | | but all bottles or containers
so filled shall be sealed, | 7 | | labeled, stamped and otherwise made to comply
with all | 8 | | provisions, rules and regulations governing manufacturers in
| 9 | | the preparation and bottling of alcoholic liquors. The | 10 | | importing
distributor's license shall permit such licensee to | 11 | | purchase alcoholic
liquor from Illinois licensed non-resident | 12 | | dealers and foreign importers only. | 13 | | (d) A retailer's license shall allow the licensee to sell | 14 | | and offer
for sale at retail, only in the premises specified in | 15 | | the license,
alcoholic liquor for use or consumption, but not | 16 | | for resale in any form. Nothing in this amendatory Act of the | 17 | | 95th General Assembly shall deny, limit, remove, or restrict | 18 | | the ability of a holder of a retailer's license to transfer, | 19 | | deliver, or ship alcoholic liquor to the purchaser for use or | 20 | | consumption subject to any applicable local law or ordinance. | 21 | | Any retail license issued to a manufacturer shall only
permit | 22 | | the manufacturer to sell beer at retail on the premises | 23 | | actually
occupied by the manufacturer. For the purpose of | 24 | | further describing the type of business conducted at a retail | 25 | | licensed premises, a retailer's licensee may be designated by | 26 | | the 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 | 2 | | premise 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 | 5 | | event retailer licensee for
resale to the extent permitted | 6 | | under subsection (e). | 7 | | (e) A special event retailer's license (not-for-profit) | 8 | | shall permit the
licensee to purchase alcoholic liquors from an | 9 | | Illinois licensed distributor
(unless the licensee purchases | 10 | | less than $500 of alcoholic liquors for the
special event, in | 11 | | which case the licensee may purchase the alcoholic liquors
from | 12 | | a licensed retailer) and shall allow the licensee to sell and | 13 | | offer for
sale, at retail, alcoholic liquors for use or | 14 | | consumption, but not for resale
in any form and only at the | 15 | | location and on the specific dates designated for
the special | 16 | | event in the license. An applicant for a special event retailer
| 17 | | license must
(i) furnish with the application: (A) a resale | 18 | | number issued under Section
2c of the Retailers' Occupation Tax | 19 | | Act or evidence that the applicant is
registered under Section | 20 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 21 | | exemption identification
number issued under Section 1g of the | 22 | | Retailers' Occupation Tax Act, and a
certification to the | 23 | | Commission that the purchase of alcoholic liquors will be
a | 24 | | tax-exempt purchase, or (C) a statement that the applicant is | 25 | | not registered
under Section 2a of the Retailers' Occupation | 26 | | Tax Act, does not hold a resale
number under Section 2c of the |
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| 1 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 2 | | number under Section 1g of the Retailers' Occupation Tax
Act, | 3 | | in which event the Commission shall set forth on the special | 4 | | event
retailer's license a statement to that effect; (ii) | 5 | | submit with the application proof satisfactory to
the State | 6 | | Commission that the applicant will provide dram shop liability
| 7 | | insurance in the maximum limits; and (iii) show proof | 8 | | satisfactory to the
State Commission that the applicant has | 9 | | obtained local authority
approval. | 10 | | (f) A railroad license shall permit the licensee to import | 11 | | alcoholic
liquors into this State from any point in the United | 12 | | States outside this
State and to store such alcoholic liquors | 13 | | in this State; to make wholesale
purchases of alcoholic liquors | 14 | | directly from manufacturers, foreign
importers, distributors | 15 | | and importing distributors from within or outside
this State; | 16 | | and to store such alcoholic liquors in this State; provided
| 17 | | that the above powers may be exercised only in connection with | 18 | | the
importation, purchase or storage of alcoholic liquors to be | 19 | | sold or
dispensed on a club, buffet, lounge or dining car | 20 | | operated on an electric,
gas or steam railway in this State; | 21 | | and provided further, that railroad
licensees exercising the | 22 | | above powers shall be subject to all provisions of
Article VIII | 23 | | of this Act as applied to importing distributors. A railroad
| 24 | | license shall also permit the licensee to sell or dispense | 25 | | alcoholic
liquors on any club, buffet, lounge or dining car | 26 | | operated on an electric,
gas or steam railway regularly |
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| 1 | | operated by a common carrier in this State,
but shall not | 2 | | permit the sale for resale of any alcoholic liquors to any
| 3 | | licensee within this State. A license shall be obtained for | 4 | | each car in which
such sales are made. | 5 | | (g) A boat license shall allow the sale of alcoholic liquor | 6 | | in
individual drinks, on any passenger boat regularly operated | 7 | | as a common
carrier on navigable waters in this State or on any | 8 | | riverboat operated
under
the Riverboat Gambling Act, which boat | 9 | | or riverboat maintains a public
dining room or restaurant | 10 | | thereon. | 11 | | (h) A non-beverage user's license shall allow the licensee | 12 | | to
purchase alcoholic liquor from a licensed manufacturer or | 13 | | importing
distributor, without the imposition of any tax upon | 14 | | the business of such
licensed manufacturer or importing | 15 | | distributor as to such alcoholic
liquor to be used by such | 16 | | licensee solely for the non-beverage purposes
set forth in | 17 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 18 | | shall be divided and classified and shall permit the
purchase, | 19 | | possession and use of limited and stated quantities of
| 20 | | alcoholic liquor as follows: | 21 | | Class 1, not to exceed ......................... 500 gallons
| 22 | | Class 2, not to exceed ....................... 1,000 gallons
| 23 | | Class 3, not to exceed ....................... 5,000 gallons
| 24 | | Class 4, not to exceed ...................... 10,000 gallons
| 25 | | Class 5, not to exceed ....................... 50,000 gallons | 26 | | (i) A wine-maker's premises license shall allow a
licensee |
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| 1 | | that concurrently holds a first-class wine-maker's license to | 2 | | sell
and offer for sale at retail in the premises specified in | 3 | | such license
not more than 50,000 gallons of the first-class | 4 | | wine-maker's wine that is
made at the first-class wine-maker's | 5 | | licensed premises per year for use or
consumption, but not for | 6 | | resale in any form. A wine-maker's premises
license shall allow | 7 | | a licensee who concurrently holds a second-class
wine-maker's | 8 | | license to sell and offer for sale at retail in the premises
| 9 | | specified in such license up to 100,000 gallons of the
| 10 | | second-class wine-maker's wine that is made at the second-class | 11 | | wine-maker's
licensed premises per year
for use or consumption | 12 | | but not for resale in any form. A wine-maker's premises license | 13 | | shall allow a
licensee that concurrently holds a first-class | 14 | | wine-maker's license or a second-class
wine-maker's license to | 15 | | sell
and offer for sale at retail at the premises specified in | 16 | | the wine-maker's premises license, for use or consumption but | 17 | | not for resale in any form, any beer, wine, and spirits | 18 | | purchased from a licensed distributor. Upon approval from the
| 19 | | State Commission, a wine-maker's premises license
shall allow | 20 | | the licensee to sell and offer for sale at (i) the wine-maker's
| 21 | | licensed premises and (ii) at up to 2 additional locations for | 22 | | use and
consumption and not for resale. Each location shall | 23 | | require additional
licensing per location as specified in | 24 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
| 25 | | secure liquor liability insurance coverage in an amount at
| 26 | | least equal to the maximum liability amounts set forth in
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| 1 | | subsection (a) of Section 6-21 of this Act.
| 2 | | (j) An airplane 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 an airplane; and
provided further, that | 12 | | airplane licensees exercising the above powers
shall be subject | 13 | | to all provisions of Article VIII of this Act as
applied to | 14 | | importing distributors. An airplane licensee shall also
permit | 15 | | the sale or dispensing of alcoholic liquors on any passenger
| 16 | | airplane regularly operated by a common carrier in this State, | 17 | | but shall
not permit the sale for resale of any alcoholic | 18 | | liquors to any licensee
within this State. A single airplane | 19 | | license shall be required of an
airline company if liquor | 20 | | service is provided on board aircraft in this
State. The annual | 21 | | fee for such license shall be as determined in
Section 5-3. | 22 | | (k) A foreign importer's license shall permit such licensee | 23 | | to purchase
alcoholic liquor from Illinois licensed | 24 | | non-resident dealers only, and to
import alcoholic liquor other | 25 | | than in bulk from any point outside the
United States and to | 26 | | sell such alcoholic liquor to Illinois licensed
importing |
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| 1 | | distributors and to no one else in Illinois;
provided that (i) | 2 | | the foreign importer registers with the State Commission
every
| 3 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 4 | | licensees during the
license period, (ii) the foreign importer | 5 | | complies with all of the provisions
of Section
6-9 of this Act | 6 | | with respect to registration of such Illinois licensees as may
| 7 | | be granted the
right to sell such brands at wholesale, and | 8 | | (iii) the foreign importer complies with the provisions of | 9 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 10 | | provisions apply to manufacturers. | 11 | | (l) (i) A broker's license shall be required of all persons
| 12 | | who solicit
orders for, offer to sell or offer to supply | 13 | | alcoholic liquor to
retailers in the State of Illinois, or who | 14 | | offer to retailers to ship or
cause to be shipped or to make | 15 | | contact with distillers, rectifiers,
brewers or manufacturers | 16 | | or any other party within or without the State
of Illinois in | 17 | | order that alcoholic liquors be shipped to a distributor,
| 18 | | importing distributor or foreign importer, whether such | 19 | | solicitation or
offer is consummated within or without the | 20 | | State of Illinois. | 21 | | No holder of a retailer's license issued by the Illinois | 22 | | Liquor
Control Commission shall purchase or receive any | 23 | | alcoholic liquor, the
order for which was solicited or offered | 24 | | for sale to such retailer by a
broker unless the broker is the | 25 | | holder of a valid broker's license. | 26 | | The broker shall, upon the acceptance by a retailer of the |
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| 1 | | broker's
solicitation of an order or offer to sell or supply or | 2 | | deliver or have
delivered alcoholic liquors, promptly forward | 3 | | to the Illinois Liquor
Control Commission a notification of | 4 | | said transaction in such form as
the Commission may by | 5 | | regulations prescribe. | 6 | | (ii) A broker's license shall be required of
a person | 7 | | within this State, other than a retail licensee,
who, for a fee | 8 | | or commission, promotes, solicits, or accepts orders for
| 9 | | alcoholic liquor, for use or consumption and not for
resale, to | 10 | | be shipped from this State and delivered to residents outside | 11 | | of
this State by an express company, common carrier, or | 12 | | contract carrier.
This Section does not apply to any person who | 13 | | promotes, solicits, or accepts
orders for wine as specifically | 14 | | authorized in Section 6-29 of this Act. | 15 | | A broker's license under this subsection (l)
shall not | 16 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 17 | | own account or to take or deliver title to
such alcoholic | 18 | | liquors. | 19 | | This subsection (l)
shall not apply to distributors, | 20 | | employees of
distributors, or employees of a manufacturer who | 21 | | has registered the
trademark, brand or name of the alcoholic | 22 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 23 | | sells such alcoholic liquor
in the State of Illinois only to | 24 | | its registrants thereunder. | 25 | | Any agent, representative, or person subject to | 26 | | registration pursuant to
subsection (a-1) of this Section shall |
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| 1 | | not be eligible to receive a broker's
license. | 2 | | (m) A non-resident dealer's license shall permit such | 3 | | licensee to ship
into and warehouse alcoholic liquor into this | 4 | | State from any point
outside of this State, and to sell such | 5 | | alcoholic liquor to Illinois licensed
foreign importers and | 6 | | importing distributors and to no one else in this State;
| 7 | | provided that (i) said non-resident dealer shall register with | 8 | | the Illinois Liquor
Control Commission each and every brand of | 9 | | alcoholic liquor which it proposes
to sell to Illinois | 10 | | licensees during the license period, (ii) it shall comply with | 11 | | all of the provisions of Section 6-9 hereof with
respect to | 12 | | registration of such Illinois licensees as may be granted the | 13 | | right
to sell such brands at wholesale, and (iii) the | 14 | | non-resident dealer shall comply with the provisions of | 15 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 16 | | provisions apply to manufacturers. | 17 | | (n) A brew pub license shall allow the licensee (i) to | 18 | | manufacture beer only
on the premises specified in the license, | 19 | | (ii) to make sales of the
beer manufactured on the premises or, | 20 | | with the approval of the Commission, beer manufactured on | 21 | | another brew pub licensed premises that is substantially owned | 22 | | and operated by the same licensee to importing distributors, | 23 | | distributors,
and to non-licensees for use and consumption, | 24 | | (iii) to store the beer upon
the premises, and (iv) to sell and | 25 | | offer for sale at retail from the licensed
premises, provided | 26 | | that a brew pub licensee shall not sell for off-premises
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| 1 | | consumption more than 50,000 gallons per year. A person who | 2 | | holds a brew pub license may simultaneously hold a craft brewer | 3 | | license if he or she otherwise qualifies for the craft brewer | 4 | | license and the craft brewer license is for a location separate | 5 | | from the brew pub's licensed premises. A brew pub license shall | 6 | | permit a person who has received prior approval from the | 7 | | Commission to annually transfer no more than a total of 50,000 | 8 | | gallons of beer manufactured on premises to all other licensed | 9 | | brew pubs that are substantially owned and operated by the same | 10 | | person. | 11 | | (o) A caterer retailer license shall allow the holder
to | 12 | | serve alcoholic liquors as an incidental part of a food service | 13 | | that serves
prepared meals which excludes the serving of snacks | 14 | | as
the primary meal, either on or off-site whether licensed or | 15 | | unlicensed. | 16 | | (p) An auction liquor license shall allow the licensee to | 17 | | sell and offer
for sale at auction wine and spirits for use or | 18 | | consumption, or for resale by
an Illinois liquor licensee in | 19 | | accordance with provisions of this Act. An
auction liquor | 20 | | license will be issued to a person and it will permit the
| 21 | | auction liquor licensee to hold the auction anywhere in the | 22 | | State. An auction
liquor license must be obtained for each | 23 | | auction at least 14 days in advance of
the auction date. | 24 | | (q) A special use permit license shall allow an Illinois | 25 | | licensed
retailer to transfer a portion of its alcoholic liquor | 26 | | inventory from its
retail licensed premises to the premises |
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| 1 | | specified in the license hereby
created, and to sell or offer | 2 | | for sale at retail, only in the premises
specified in the | 3 | | license hereby created, the transferred alcoholic liquor for
| 4 | | use or consumption, but not for resale in any form. A special | 5 | | use permit
license may be granted for the following time | 6 | | periods: one day or less; 2 or
more days to a maximum of 15 days | 7 | | per location in any 12 month period. An
applicant for the | 8 | | special use permit license must also submit with the
| 9 | | application proof satisfactory to the State Commission that the | 10 | | applicant will
provide dram shop liability insurance to the | 11 | | maximum limits and have local
authority approval. | 12 | | (r) A winery shipper's license shall allow a person
with a | 13 | | first-class or second-class wine manufacturer's
license, a | 14 | | first-class or second-class wine-maker's license,
or a limited | 15 | | wine manufacturer's license or who is licensed to
make wine | 16 | | under the laws of another state to ship wine
made by that | 17 | | licensee directly to a resident of this
State who is 21 years | 18 | | of age or older for that resident's
personal use and not for | 19 | | resale. Prior to receiving a
winery shipper's license, an | 20 | | applicant for the license must
provide the Commission with a | 21 | | true copy of its current
license in any state in which it is | 22 | | licensed as a manufacturer
of wine. An applicant for a winery | 23 | | shipper's license must
also complete an application form that | 24 | | provides any other
information the Commission deems necessary. | 25 | | The
application form shall include an acknowledgement | 26 | | consenting
to the jurisdiction of the Commission, the Illinois
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| 1 | | Department of Revenue, and the courts of this State concerning
| 2 | | the enforcement of this Act and any related laws, rules, and
| 3 | | regulations, including authorizing the Department of Revenue
| 4 | | and the Commission to conduct audits for the purpose of
| 5 | | ensuring compliance with this amendatory Act. | 6 | | A winery shipper licensee must pay to the Department
of | 7 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 8 | | all wine that is sold by the licensee and shipped to a person
| 9 | | in this State. For the purposes of Section 8-1, a winery
| 10 | | shipper licensee shall be taxed in the same manner as a
| 11 | | manufacturer of wine. A licensee who is not otherwise required | 12 | | to register under the Retailers' Occupation Tax Act must
| 13 | | register under the Use Tax Act to collect and remit use tax to
| 14 | | the Department of Revenue for all gallons of wine that are sold
| 15 | | by the licensee and shipped to persons in this State. If a
| 16 | | licensee fails to remit the tax imposed under this Act in
| 17 | | accordance with the provisions of Article VIII of this Act, the
| 18 | | winery shipper's license shall be revoked in accordance
with | 19 | | the provisions of Article VII of this Act. If a licensee
fails | 20 | | to properly register and remit tax under the Use Tax Act
or the | 21 | | Retailers' Occupation Tax Act for all wine that is sold
by the | 22 | | winery shipper and shipped to persons in this
State, the winery | 23 | | shipper's license shall be revoked in
accordance with the | 24 | | provisions of Article VII of this Act. | 25 | | A winery shipper licensee must collect, maintain, and
| 26 | | submit to the Commission on a semi-annual basis the
total |
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| 1 | | number of cases per resident of wine shipped to residents
of | 2 | | this State.
A winery shipper licensed under this subsection (r)
| 3 | | must comply with the requirements of Section 6-29 of this | 4 | | amendatory Act.
| 5 | | (s) A manufacturer special use permit shall allow an | 6 | | in-state or out-of-state winemaker, brewer, or distiller that | 7 | | produces less than 150,000 gallons of wine per year, less than | 8 | | 465,000 gallons of beer per year, or less than 15,000 gallons | 9 | | of spirits per year to transfer some of its wine, beer, or | 10 | | spirits inventory from its licensed premises to the premises | 11 | | specified in the local liquor authority license and to sell or | 12 | | offer for sale at retail only at the premises specified in the | 13 | | local authority license and only for the dates and times | 14 | | specified in the local authority license. An out-of-state | 15 | | winemaker, brewer, or distiller must hold an Illinois | 16 | | non-resident dealer license. A manufacturer special use permit | 17 | | may be granted for a period not to exceed 12 months for a | 18 | | maximum of 15 consecutive days or 50 non-consecutive days at a | 19 | | single location. An applicant for a manufacturer special use | 20 | | permit must also submit with the application to the State | 21 | | Commission a list of dates and locations of all events to be | 22 | | scheduled during the 12-month license period and proof | 23 | | satisfactory to the State Commission that the applicant will | 24 | | provide dram shop liability insurance to the maximum limits. If | 25 | | the date and location of an event is undetermined at the time | 26 | | of application, then the manufacturer special use permit holder |
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| 1 | | shall submit to the State Commission the date and time of the | 2 | | additional event in a manner acceptable to the State Commission | 3 | | at least 7 days prior to the event, at which time the permit | 4 | | holder shall obtain an amended manufacturer special use permit. | 5 | | The manufacturer special use permit holder shall obtain local | 6 | | authority approval for each use of the permit and the | 7 | | manufacturer special use permit shall state "THIS MANUFACTURER | 8 | | SPECIAL USE PERMIT SHALL BE VOID IF THE NAMED HOLDER IS UNABLE | 9 | | TO OBTAIN AND PRODUCE ADEQUATE WRITTEN PROOF THAT SALES AT THIS | 10 | | EVENT BY THE PERMIT HOLDER HAVE BEEN AUTHORIZED BY THE LOCAL | 11 | | LIQUOR LICENSING AUTHORITY.". Notwithstanding the conditions | 12 | | of State license issuance in Section 3-14 of this Act, the | 13 | | State Commission may issue a manufacturer special use permit | 14 | | prior to local authority approval. State Commission approval of | 15 | | the manufacturer special permit does not mandate local approval | 16 | | of sales at the event. A manufacturer special use permit shall | 17 | | allow the applicant to sell only its own manufactured wine, | 18 | | spirits, or beer. | 19 | | (Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11; 97-455, | 20 | | eff. 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 | 23 | | herein, at the time
application is made to the State Commission | 24 | | for a license of any class, the
applicant shall pay to the | 25 | | State Commission the fee hereinafter provided for
the kind of |
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| 1 | | license applied for. | 2 | | The fee for licenses issued by the State Commission shall | 3 | | be 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 | | |
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| 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
| 8 | | Dram Shop Fund. On and after July 1, 2003, of the funds | 9 | | received for a
retailer's license, in
addition to the
first | 10 | | $175, an additional $75 shall be paid into the Dram Shop Fund, | 11 | | and $250
shall be
paid into the General Revenue Fund. Beginning | 12 | | June 30, 1990 and on June 30
of each
subsequent year through | 13 | | June 29, 2003, any balance over $5,000,000
remaining in the | 14 | | Dram Shop Fund
shall be credited to State liquor licensees and | 15 | | applied against their fees for
State liquor licenses for the | 16 | | following year. The amount credited to each
licensee shall be a | 17 | | proportion of the balance in the Dram Fund that is the
same as | 18 | | the proportion of the license fee paid by the licensee under
| 19 | | this Section for the period in which the balance was | 20 | | accumulated to the
aggregate fees paid by all licensees during | 21 | | that period. | 22 | | No fee shall be paid for licenses issued by the State | 23 | | Commission 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.)".
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