Full Text of HB4018 99th General Assembly
HB4018ham001 99TH GENERAL ASSEMBLY | Rep. Frank J. Mautino Filed: 3/20/2015
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| 1 | | AMENDMENT TO HOUSE BILL 4018
| 2 | | AMENDMENT NO. ______. Amend House Bill 4018 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 1-3.40, 1-3.41, and 6-6.3 as follows: | 6 | | (235 ILCS 5/1-3.40 new) | 7 | | Sec. 1-3.40. Manufacturer class license holder. | 8 | | "Manufacturer class license holder" means any holder of a | 9 | | Manufacturer's license as provided in Section 5-1 of this Act. | 10 | | The Manufacturer's licenses are: a Class 1. Distiller, a Class | 11 | | 2. Rectifier, a Class 3. Brewer, a Class 4. First Class Wine | 12 | | Manufacturer, a Class 5. Second Class Wine Manufacturer, a | 13 | | Class 6. First Class Winemaker, a Class 7. Second Class | 14 | | Winemaker, a Class 8. Limited Wine Manufacturer, a Class 9. | 15 | | Craft Distiller, and a Class 10. Craft Brewer and any future | 16 | | Manufacturer's licenses established by law. |
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| 1 | | (235 ILCS 5/1-3.41 new) | 2 | | Sec. 1-3.41. Non-alcoholic merchandise. "Non-alcoholic | 3 | | merchandise" means any good or commodity that contains less | 4 | | than 0.5 percent alcohol by volume. For purposes of this Act, | 5 | | "non-alcoholic merchandise" does not include trade fixtures, | 6 | | equipment, or furnishings that are used or intended for the | 7 | | limited purpose of storing, servicing, displaying, | 8 | | advertising, furnishing, selling, or aiding in the sale of | 9 | | alcoholic liquors. | 10 | | (235 ILCS 5/6-6.3 new) | 11 | | Sec. 6-6.3. Non-alcoholic merchandise. | 12 | | (a) Nothing in this Act shall authorize the Illinois Liquor | 13 | | Control Commission to regulate or exercise jurisdiction over | 14 | | any action, transaction, and business of manufacturers, | 15 | | distributors, or retailers engaged in any transaction | 16 | | involving the furnishing, selling, or offering for sale of | 17 | | non-alcoholic merchandise by manufacturers, distributors, or | 18 | | retailers, unless the transaction involves expressed or | 19 | | implied agreements or understandings prohibited by this Act. | 20 | | (b) Non-alcoholic merchandise may be sold by a manufacturer | 21 | | class license holder, non-resident dealer, foreign importer, | 22 | | importing distributor, or distributor to a retail licensee if: | 23 | | (1) the manufacturer class license holder, | 24 | | non-resident dealer, foreign importer, importing |
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| 1 | | distributor, or distributor is also in business as a bona | 2 | | fide producer or vendor of other merchandise; | 3 | | (2) the merchandise is sold at its fair market value; | 4 | | (3) the non-alcoholic merchandise is not sold in | 5 | | combination with alcoholic liquor or conditioned on the | 6 | | sale of alcoholic liquor; | 7 | | (4) the manufacturer class license holder's, | 8 | | non-resident dealer's, foreign importer's, importing | 9 | | distributor's, or distributor's acquisition or production | 10 | | costs of the non-alcoholic merchandise appear on the | 11 | | manufacturer class license holder's, non-resident | 12 | | dealer's, foreign importer's, importing distributor's, or | 13 | | distributor's purchase invoices or other records; | 14 | | (5) the individual selling prices of the non-alcoholic | 15 | | merchandise and alcoholic liquor sold in a single | 16 | | transaction can be determined from commercial documents | 17 | | covering the sales transaction if non-alcoholic | 18 | | merchandise is sold in the same transaction as alcoholic | 19 | | liquor; and | 20 | | (6) the price is collected by the manufacturer class | 21 | | license holder, non-resident dealer, foreign importer, or | 22 | | distributor within 30 days of the date of the sale, unless | 23 | | other terms are established in writing between the parties. | 24 | | (c) The State Commission may not prohibit the sale of | 25 | | non-alcoholic merchandise if it is sold in the manner in which | 26 | | the non-alcoholic merchandise is sold by a manufacturer or |
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| 1 | | distributor that is not licensed by the State Commission; | 2 | | provided, however, that all invoices for non-alcoholic | 3 | | merchandise sold by a manufacturer class license holder, | 4 | | non-resident dealer, foreign importer, importing distributor, | 5 | | or distributor that is also in business as a bona fide producer | 6 | | or vendor of other merchandise must be in compliance with the | 7 | | books and records requirements of 11 Ill. Adm. Code 100.130. If | 8 | | the non-alcoholic merchandise is sold on the same invoice as | 9 | | alcoholic liquor product, the 30-day merchandising credit | 10 | | provisions of Section 6-5 of this Act shall apply to the entire | 11 | | transaction, including the non-alcoholic merchandise. | 12 | | (d) Except as provided in subsection (f), a manufacturer | 13 | | class license holder, non-resident dealer, foreign importer, | 14 | | importing distributor, or distributor that is also in business | 15 | | as a bona fide producer or vendor of non-alcoholic merchandise | 16 | | shall not condition the sale of its alcoholic liquor on the | 17 | | sale of its non-alcoholic merchandise and shall not combine the | 18 | | sale of its alcoholic liquor with the sale of its non-alcoholic | 19 | | merchandise. A manufacturer class license holder, non-resident | 20 | | dealer, foreign importer, importing distributor, or | 21 | | distributor that is also in business as a bona fide producer or | 22 | | vendor of non-alcoholic merchandise may sell, market, and | 23 | | promote non-alcoholic merchandise in the same manner in which | 24 | | the non-alcoholic merchandise is sold, marketed, or promoted by | 25 | | a manufacturer or distributor not licensed by the State | 26 | | Commission. |
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| 1 | | (e) Notwithstanding the prohibited furnishing or providing | 2 | | of fixtures, equipment, and furnishings to retailers as | 3 | | contained in Section 6-6 of this Act, the act of a manufacturer | 4 | | class license holder, non-resident dealer, foreign importer, | 5 | | importing distributor, or distributor furnishing or providing | 6 | | retailers with fixtures, equipment, or furnishings for the | 7 | | limited purpose of storing, servicing, displaying, | 8 | | advertising, furnishing, selling, or aiding in the sale of | 9 | | non-alcoholic merchandise is permitted, only to the extent | 10 | | allowed by this Section, and such fixtures, equipment, and | 11 | | furnishings shall not be used by the retail licensee to store, | 12 | | service, display, advertise, furnish, sell, or aid in the sale | 13 | | of alcoholic liquors. All such fixtures, equipment, or | 14 | | furnishings shall be identified by the retail licensee as being | 15 | | furnished by a manufacturer class license holder, non-resident | 16 | | dealer, foreign importer, importing distributor, or | 17 | | distributor licensed by the State Commission and, if purchased | 18 | | by the retail licensee and sold on the same invoice as | 19 | | alcoholic liquor products, the price must be collected by the | 20 | | manufacturer class license holder, non-resident dealer, | 21 | | foreign importer, importing distributor, or distributor | 22 | | selling the same within 30 days of the date of sale. | 23 | | (f) Notwithstanding any provision of this Act to the | 24 | | contrary, a manufacturer class license holder, non-resident | 25 | | dealer, foreign importer, importing distributor, or | 26 | | distributor may package and distribute alcoholic liquor in |
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| 1 | | combination with other non-alcoholic merchandise products if | 2 | | the alcoholic liquor and non-alcoholic merchandise was | 3 | | originally packaged together for ultimate sale to consumers by | 4 | | the manufacturer or agent of the manufacturer as originally | 5 | | packaged by the manufacturer or agent of the manufacturer for | 6 | | ultimate sale to consumers.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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