Full Text of HB0630 98th General Assembly
HB0630ham001 98TH GENERAL ASSEMBLY | Rep. Keith Farnham Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 630
| 2 | | AMENDMENT NO. ______. Amend House Bill 630 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Liquor Control Act of 1934 is amended by | 5 | | adding Sections 1-3.39 and 5-5.5 as follows: | 6 | | (235 ILCS 5/1-3.39 new) | 7 | | Sec. 1-3.39. "Homemade fermented beverages" means beer, | 8 | | wine that is not fortified by the addition of alcohol or | 9 | | spirits, or alcoholic liquor made by a person 21 years of age | 10 | | or older, through his or her own efforts, at his or her place | 11 | | of residence or another location with permission from the | 12 | | property owner, and not for a commercial purpose, but for | 13 | | consumption by that person or his or her family and guests or | 14 | | for use at an exhibition, demonstration, judging, tasting, or | 15 | | sampling or as part of a contest or competition authorized by | 16 | | Section 5-5.5 of this Act. "Homemade fermented beverages" does |
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| 1 | | not include spirits. | 2 | | (235 ILCS 5/5-5.5 new) | 3 | | Sec. 5-5.5. Homemade fermented beverages. | 4 | | (a) No license or permit is required under this Act for the | 5 | | making of homemade fermented beverages or for the possession, | 6 | | transportation, or storage of homemade fermented beverages by | 7 | | any person 21 years of age or older, if all of the following | 8 | | apply: | 9 | | (1) the person who makes the homemade fermented | 10 | | beverages receives no compensation; | 11 | | (2) the homemade fermented beverages is not sold or | 12 | | offered for sale; and | 13 | | (3) the total quantity of homemade fermented beverages | 14 | | made, in a calendar year, by the person does not exceed 100 | 15 | | gallons if the household has only one person 21 years of | 16 | | age or older or 200 gallons if the household has 2 or more | 17 | | persons 21 years of age or older. | 18 | | (b) A person who makes, possesses, transports, or stores | 19 | | homemade fermented beverages in compliance with the | 20 | | limitations specified in subsection (a) is not a brewer, craft | 21 | | brewer, wholesaler, retailer, or a manufacturer of fermented | 22 | | beverages for purposes of this Act. | 23 | | (c) Homemade fermented beverages made in compliance with | 24 | | the limitations specified in subsection (a) may be consumed by | 25 | | the person who made it and his or her family, neighbors, and |
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| 1 | | friends at any private residence or other private location | 2 | | where the possession and consumption of alcohol is permissible | 3 | | under this Act, local ordinances, and other applicable law. | 4 | | (d) Homemade fermented beverages made in compliance with | 5 | | the limitations specified in subsection (a) may be used for the | 6 | | purposes of exhibition, demonstration, judging, tasting, or | 7 | | sampling or as part of a contest or competition, if the event | 8 | | is held at a private residence or on a licensed premises. | 9 | | Homemade fermented beverages used for purposes described in | 10 | | this subsection (d), including the submission or consumption of | 11 | | such homemade fermented beverages, are not considered sold or | 12 | | offered for sale under this Act and any prize awarded at a | 13 | | contest or competition or as a result of an exhibition, | 14 | | demonstration, judging, tasting, or sampling is not considered | 15 | | compensation under this Act. An exhibition, demonstration, | 16 | | judging, tasting, sampling, contest, or competition held by a | 17 | | licensee on a licensed premises may require an admission charge | 18 | | to the event, but no separate or additional fee may be charged | 19 | | for the consumption of a person's homemade fermented beverages | 20 | | at the exhibition, demonstration, judging, tasting, sampling, | 21 | | contest, or competition. Event admission charges that are | 22 | | collected may be partially used to provide prizes to makers of | 23 | | homemade fermented beverages, but the admission charges may not | 24 | | be divided in any fashion among the makers of the homemade | 25 | | fermented beverages who participate in the event. Homemade | 26 | | fermented beverages used for the purposes described in this |
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| 1 | | subsection (d) are not considered sold or offered for sale | 2 | | under this Act if a maker of homemade beverages receives free | 3 | | event admission or discounted event admission in return for the | 4 | | maker's donation of the homemade beverages to an event | 5 | | specified in this subsection (d) that collects event admission | 6 | | charges. Free admission or discounted admission to the event is | 7 | | not considered compensation under this Act. No admission fee | 8 | | and no charge for the consumption of a person's homemade | 9 | | fermented beverages may be charged if the exhibition, | 10 | | demonstration, judging, tasting, sampling, contest, or | 11 | | competition is held at a private residence. | 12 | | (e) A person who is not a licensee under this Act may at a | 13 | | private residence, and a person who is a licensee under this | 14 | | Act may on the licensed premises, conduct, sponsor, or host a | 15 | | contest, competition, or other event for the exhibition, | 16 | | demonstration, judging, tasting, or sampling of homemade | 17 | | fermented beverages made in compliance with the limitations | 18 | | specified in subsection (a), if the person does not sell the | 19 | | homemade fermented beverages and, unless the person is the | 20 | | brewer of the homemade fermented beverages, does not acquire | 21 | | any ownership interest in the homemade fermented beverages. The | 22 | | fact that a person is acting in a manner authorized by this | 23 | | Section is not, by itself, sufficient to constitute a public | 24 | | nuisance under Section 10-7 of this Act. If the contest, | 25 | | competition, or other event is held on licensed premises, the | 26 | | licensee may allow the homemade fermented beverages to be |
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| 1 | | stored on the premises if the homemade fermented beverages is | 2 | | clearly identified and kept separate from any alcohol beverages | 3 | | owned by the licensee. If the contest, competition, or other | 4 | | event is held on licensed premises, other provisions of this | 5 | | Act not inconsistent with this Section apply.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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