Full Text of SB0401 99th General Assembly
SB0401sam001 99TH GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 4/11/2016
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| 1 | | AMENDMENT TO SENATE BILL 401
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 401 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 1-3.38, 1-3.09, 3-12, 5-1, 6-2, 6-4, 6-5,
| 6 | | 6-21, and 8-1, by changing and renumbering Section 1-3.40, as | 7 | | added
by Public Act 99-448, and by adding Section 1-3.43 as | 8 | | follows:
| 9 | | (235 ILCS 5/1-3.09) (from Ch. 43, par. 95.09)
| 10 | | Sec. 1-3.09.
"Brewer" means a person who is engaged in the | 11 | | manufacture of
beer or cider .
| 12 | | (Source: P.A. 82-783.)
| 13 | | (235 ILCS 5/1-3.38) | 14 | | Sec. 1-3.38. Class 1 brewer. "Class 1 brewer" means a | 15 | | person who is a holder of a brewer license or non-resident |
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| 1 | | dealer license who manufactures up to 930,000 gallons of beer , | 2 | | cider, or any combination thereof per year and who may make | 3 | | sales and deliveries to importing distributors and | 4 | | distributors and to retail licensees in accordance with the | 5 | | conditions set forth in paragraph (18) of subsection (a) of | 6 | | Section 3-12 of this Act.
| 7 | | (Source: P.A. 98-401, eff. 8-16-13; 99-448, eff. 8-24-15.) | 8 | | (235 ILCS 5/1-3.42) | 9 | | Sec. 1-3.42 1-3.40 . Class 2 brewer. "Class 2 brewer" means | 10 | | a person who is a holder of a brewer license or non-resident | 11 | | dealer license who manufactures up to 3,720,000 gallons of | 12 | | beer , cider, or any combination thereof per year for sale to a | 13 | | licensed importing distributor or distributor.
| 14 | | (Source: P.A. 99-448, eff. 8-24-15; revised 10-28-15.) | 15 | | (235 ILCS 5/1-3.43 new) | 16 | | Sec. 1-3.43. Cider. "Cider" means any alcoholic beverage | 17 | | obtained by the alcohol fermentation of the juice of apples or | 18 | | pears, including, but not limited to, flavored, sparkling, or | 19 | | carbonated cider.
| 20 | | (235 ILCS 5/3-12)
| 21 | | Sec. 3-12. Powers and duties of State Commission.
| 22 | | (a) The State commission shall have the following powers, | 23 | | functions, and
duties:
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| 1 | | (1) To receive applications and to issue licenses to | 2 | | manufacturers,
foreign importers, importing distributors, | 3 | | distributors, non-resident dealers,
on premise consumption | 4 | | retailers, off premise sale retailers, special event
| 5 | | retailer licensees, special use permit licenses, auction | 6 | | liquor licenses, brew
pubs, caterer retailers, | 7 | | non-beverage users, railroads, including owners and
| 8 | | lessees of sleeping, dining and cafe cars, airplanes, | 9 | | boats, brokers, and wine
maker's premises licensees in | 10 | | accordance with the provisions of this Act, and
to suspend | 11 | | or revoke such licenses upon the State commission's | 12 | | determination,
upon notice after hearing, that a licensee | 13 | | has violated any provision of this
Act or any rule or | 14 | | regulation issued pursuant thereto and in effect for 30 | 15 | | days
prior to such violation. Except in the case of an | 16 | | action taken pursuant to a
violation of Section 6-3, 6-5, | 17 | | or 6-9, any action by the State Commission to
suspend or | 18 | | revoke a licensee's license may be limited to the license | 19 | | for the
specific premises where the violation occurred.
| 20 | | In lieu of suspending or revoking a license, the | 21 | | commission may impose
a fine, upon the State commission's | 22 | | determination and notice after hearing,
that a licensee has | 23 | | violated any provision of this Act or any rule or
| 24 | | regulation issued pursuant thereto and in effect for 30 | 25 | | days prior to such
violation. | 26 | | For the purpose of this paragraph (1), when determining |
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| 1 | | multiple violations for the sale of alcohol to a person | 2 | | under the age of 21, a second or subsequent violation for | 3 | | the sale of alcohol to a person under the age of 21 shall | 4 | | only be considered if it was committed within 5 years after | 5 | | the date when a prior violation for the sale of alcohol to | 6 | | a person under the age of 21 was committed. | 7 | | The fine imposed under this paragraph may not exceed | 8 | | $500 for each
violation. Each day that the activity, which | 9 | | gave rise to the original fine,
continues is a separate | 10 | | violation. The maximum fine that may be levied against
any | 11 | | licensee, for the period of the license, shall not exceed | 12 | | $20,000.
The maximum penalty that may be imposed on a | 13 | | licensee for selling a bottle of
alcoholic liquor with a | 14 | | foreign object in it or serving from a bottle of
alcoholic | 15 | | liquor with a foreign object in it shall be the destruction | 16 | | of that
bottle of alcoholic liquor for the first 10 bottles | 17 | | so sold or served from by
the licensee. For the eleventh | 18 | | bottle of alcoholic liquor and for each third
bottle | 19 | | thereafter sold or served from by the licensee with a | 20 | | foreign object in
it, the maximum penalty that may be | 21 | | imposed on the licensee is the destruction
of the bottle of | 22 | | alcoholic liquor and a fine of up to $50.
| 23 | | (2) To adopt such rules and regulations consistent with | 24 | | the
provisions of this Act which shall be necessary to | 25 | | carry on its
functions and duties to the end that the | 26 | | health, safety and welfare of
the People of the State of |
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| 1 | | Illinois shall be protected and temperance in
the | 2 | | consumption of alcoholic liquors shall be fostered and | 3 | | promoted and
to distribute copies of such rules and | 4 | | regulations to all licensees
affected thereby.
| 5 | | (3) To call upon other administrative departments of | 6 | | the State,
county and municipal governments, county and | 7 | | city police departments and
upon prosecuting officers for | 8 | | such information and assistance as it
deems necessary in | 9 | | the performance of its duties.
| 10 | | (4) To recommend to local commissioners rules and | 11 | | regulations, not
inconsistent with the law, for the | 12 | | distribution and sale of alcoholic
liquors throughout the | 13 | | State.
| 14 | | (5) To inspect, or cause to be inspected, any
premises | 15 | | in this State
where alcoholic liquors are manufactured, | 16 | | distributed, warehoused, or
sold. Nothing in this Act
| 17 | | authorizes an agent of the Commission to inspect private
| 18 | | areas within the premises without reasonable suspicion or a | 19 | | warrant
during an inspection. "Private areas" include, but | 20 | | are not limited to, safes, personal property, and closed | 21 | | desks.
| 22 | | (5.1) Upon receipt of a complaint or upon having | 23 | | knowledge that any person
is engaged in business as a | 24 | | manufacturer, importing distributor, distributor,
or | 25 | | retailer without a license or valid license, to notify the | 26 | | local liquor
authority, file a complaint with the State's |
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| 1 | | Attorney's Office of the county
where the incident | 2 | | occurred, or initiate an investigation with the | 3 | | appropriate
law enforcement officials.
| 4 | | (5.2) To issue a cease and desist notice to persons | 5 | | shipping alcoholic
liquor
into this State from a point | 6 | | outside of this State if the shipment is in
violation of | 7 | | this Act.
| 8 | | (5.3) To receive complaints from licensees, local | 9 | | officials, law
enforcement agencies, organizations, and | 10 | | persons stating that any licensee has
been or is violating | 11 | | any provision of this Act or the rules and regulations
| 12 | | issued pursuant to this Act. Such complaints shall be in | 13 | | writing, signed and
sworn to by the person making the | 14 | | complaint, and shall state with specificity
the facts in | 15 | | relation to the alleged violation. If the Commission has
| 16 | | reasonable grounds to believe that the complaint | 17 | | substantially alleges a
violation of this Act or rules and | 18 | | regulations adopted pursuant to this Act, it
shall conduct | 19 | | an investigation. If, after conducting an investigation, | 20 | | the
Commission is satisfied that the alleged violation did | 21 | | occur, it shall proceed
with disciplinary action against | 22 | | the licensee as provided in this Act.
| 23 | | (6) To hear and determine appeals from orders of a | 24 | | local commission
in accordance with the provisions of this | 25 | | Act, as hereinafter set forth.
Hearings under this | 26 | | subsection shall be held in Springfield or Chicago,
at |
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| 1 | | whichever location is the more convenient for the majority | 2 | | of persons
who are parties to the hearing.
| 3 | | (7) The commission shall establish uniform systems of | 4 | | accounts to be
kept by all retail licensees having more | 5 | | than 4 employees, and for this
purpose the commission may | 6 | | classify all retail licensees having more
than 4 employees | 7 | | and establish a uniform system of accounts for each
class | 8 | | and prescribe the manner in which such accounts shall be | 9 | | kept.
The commission may also prescribe the forms of | 10 | | accounts to be kept by
all retail licensees having more | 11 | | than 4 employees, including but not
limited to accounts of | 12 | | earnings and expenses and any distribution,
payment, or | 13 | | other distribution of earnings or assets, and any other
| 14 | | forms, records and memoranda which in the judgment of the | 15 | | commission may
be necessary or appropriate to carry out any | 16 | | of the provisions of this
Act, including but not limited to | 17 | | such forms, records and memoranda as
will readily and | 18 | | accurately disclose at all times the beneficial
ownership | 19 | | of such retail licensed business. The accounts, forms,
| 20 | | records and memoranda shall be available at all reasonable | 21 | | times for
inspection by authorized representatives of the | 22 | | State commission or by
any local liquor control | 23 | | commissioner or his or her authorized representative.
The | 24 | | commission, may, from time to time, alter, amend or repeal, | 25 | | in whole
or in part, any uniform system of accounts, or the | 26 | | form and manner of
keeping accounts.
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| 1 | | (8) In the conduct of any hearing authorized to be held | 2 | | by the
commission, to appoint, at the commission's | 3 | | discretion, hearing officers
to conduct hearings involving | 4 | | complex issues or issues that will require a
protracted | 5 | | period of time to resolve, to examine, or cause to be | 6 | | examined,
under oath, any licensee, and to examine or cause | 7 | | to be examined the books and
records
of such licensee; to | 8 | | hear testimony and take proof material for its
information | 9 | | in the discharge of its duties hereunder; to administer or
| 10 | | cause to be administered oaths; for any such purpose to | 11 | | issue
subpoena or subpoenas to require the attendance of | 12 | | witnesses and the
production of books, which shall be | 13 | | effective in any part of this State, and
to adopt rules to | 14 | | implement its powers under this paragraph (8).
| 15 | | Any Circuit Court may by order duly entered,
require | 16 | | the attendance of witnesses and the production of relevant | 17 | | books
subpoenaed by the State commission and the court may | 18 | | compel
obedience to its order by proceedings for contempt.
| 19 | | (9) To investigate the administration of laws in | 20 | | relation to
alcoholic liquors in this and other states and | 21 | | any foreign countries,
and to recommend from time to time | 22 | | to the Governor and through him or
her to the legislature | 23 | | of this State, such amendments to this Act, if any, as
it | 24 | | may think desirable and as will serve to further the | 25 | | general broad
purposes contained in Section 1-2 hereof.
| 26 | | (10) To adopt such rules and regulations consistent |
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| 1 | | with the
provisions of this Act which shall be necessary | 2 | | for the control, sale or
disposition of alcoholic liquor | 3 | | damaged as a result of an accident, wreck,
flood, fire or | 4 | | other similar occurrence.
| 5 | | (11) To develop industry educational programs related | 6 | | to responsible
serving and selling, particularly in the | 7 | | areas of overserving consumers and
illegal underage | 8 | | purchasing and consumption of alcoholic beverages.
| 9 | | (11.1) To license persons providing education and | 10 | | training to alcohol
beverage sellers and servers for | 11 | | mandatory and non-mandatory training under the
Beverage | 12 | | Alcohol Sellers and Servers
Education and Training | 13 | | (BASSET) programs and to develop and administer a public
| 14 | | awareness program in Illinois to reduce or eliminate the | 15 | | illegal purchase and
consumption of alcoholic beverage | 16 | | products by persons under the age of 21.
Application for a | 17 | | license shall be made on forms provided by the State
| 18 | | Commission.
| 19 | | (12) To develop and maintain a repository of license | 20 | | and regulatory
information.
| 21 | | (13) On or before January 15, 1994, the Commission | 22 | | shall issue
a written report to the Governor and General | 23 | | Assembly that is to be based on a
comprehensive study of | 24 | | the impact on and implications for the State of Illinois
of | 25 | | Section 1926 of the Federal ADAMHA Reorganization Act of | 26 | | 1992 (Public Law
102-321). This study shall address the |
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| 1 | | extent to which Illinois currently
complies with the | 2 | | provisions of P.L. 102-321 and the rules promulgated | 3 | | pursuant
thereto.
| 4 | | As part of its report, the Commission shall provide the | 5 | | following essential
information:
| 6 | | (i) the number of retail distributors of tobacco | 7 | | products, by type and
geographic area, in the State;
| 8 | | (ii) the number of reported citations and | 9 | | successful convictions,
categorized by type and | 10 | | location of retail distributor, for violation of the
| 11 | | Prevention of Tobacco Use by Minors and Sale and | 12 | | Distribution of Tobacco Products Act and the Smokeless
| 13 | | Tobacco Limitation Act;
| 14 | | (iii) the extent and nature of organized | 15 | | educational and governmental
activities that are | 16 | | intended to promote, encourage or otherwise secure
| 17 | | compliance with any Illinois laws that prohibit the | 18 | | sale or distribution of
tobacco products to minors; and
| 19 | | (iv) the level of access and availability of | 20 | | tobacco products to
individuals under the age of 18.
| 21 | | To obtain the data necessary to comply with the | 22 | | provisions of P.L. 102-321
and the requirements of this | 23 | | report, the Commission shall conduct random,
unannounced | 24 | | inspections of a geographically and scientifically | 25 | | representative
sample of the State's retail tobacco | 26 | | distributors.
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| 1 | | The Commission shall consult with the Department of | 2 | | Public Health, the
Department of Human Services, the
| 3 | | Illinois State Police and any
other executive branch | 4 | | agency, and private organizations that may have
| 5 | | information relevant to this report.
| 6 | | The Commission may contract with the Food and Drug | 7 | | Administration of the
U.S. Department of Health and Human | 8 | | Services to conduct unannounced
investigations of Illinois | 9 | | tobacco vendors to determine compliance with federal
laws | 10 | | relating to the illegal sale of cigarettes and smokeless | 11 | | tobacco products
to persons under the age of 18.
| 12 | | (14) On or before April 30, 2008 and every 2 years
| 13 | | thereafter, the Commission shall present a written
report | 14 | | to the Governor and the General Assembly that shall
be | 15 | | based on a study of the impact of this amendatory Act of
| 16 | | the 95th General Assembly on the business of soliciting,
| 17 | | selling, and shipping wine from inside and outside of this
| 18 | | State directly to residents of this State. As part of its
| 19 | | report, the Commission shall provide all of the
following | 20 | | information: | 21 | | (A) The amount of State excise and sales tax
| 22 | | revenues generated. | 23 | | (B) The amount of licensing fees received. | 24 | | (C) The number of cases of wine shipped from inside
| 25 | | and outside of this State directly to residents of this
| 26 | | State. |
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| 1 | | (D) The number of alcohol compliance operations
| 2 | | conducted. | 3 | | (E) The number of winery shipper's licenses
| 4 | | issued. | 5 | | (F) The number of each of the following: reported
| 6 | | violations; cease and desist notices issued by the
| 7 | | Commission; notices of violations issued by
the | 8 | | Commission and to the Department of Revenue;
and | 9 | | notices and complaints of violations to law
| 10 | | enforcement officials, including, without limitation,
| 11 | | the Illinois Attorney General and the U.S. Department
| 12 | | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | 13 | | (15) As a means to reduce the underage consumption of
| 14 | | alcoholic liquors, the Commission shall conduct
alcohol | 15 | | compliance operations to investigate whether
businesses | 16 | | that are soliciting, selling, and shipping wine
from inside | 17 | | or outside of this State directly to residents
of this | 18 | | State are licensed by this State or are selling or
| 19 | | attempting to sell wine to persons under 21 years of age in
| 20 | | violation of this Act. | 21 | | (16) The Commission shall, in addition to
notifying any | 22 | | appropriate law enforcement agency, submit
notices of | 23 | | complaints or violations of Sections 6-29 and
6-29.1 by | 24 | | persons who do not hold a winery shipper's
license under | 25 | | this amendatory Act to the Illinois Attorney General and
to | 26 | | the U.S. Department of Treasury's Alcohol and Tobacco Tax |
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| 1 | | and Trade Bureau. | 2 | | (17) (A) A person licensed to make wine under the laws | 3 | | of another state who has a winery shipper's license under | 4 | | this amendatory Act and annually produces less than 25,000 | 5 | | gallons of wine or a person who has a first-class or | 6 | | second-class wine manufacturer's license, a first-class or | 7 | | second-class wine-maker's license, or a limited wine | 8 | | manufacturer's license under this Act and annually | 9 | | produces less than 25,000 gallons of wine may make | 10 | | application to the Commission for a self-distribution | 11 | | exemption to allow the sale of not more than 5,000 gallons | 12 | | of the exemption holder's wine to retail licensees per | 13 | | year. | 14 | | (B) In the application, which shall be sworn under | 15 | | penalty of perjury, such person shall state (1) the | 16 | | date it was established; (2) its volume of production | 17 | | and sales for each year since its establishment; (3) | 18 | | its efforts to establish distributor relationships; | 19 | | (4) that a self-distribution exemption is necessary to | 20 | | facilitate the marketing of its wine; and (5) that it | 21 | | will comply with the liquor and revenue laws of the | 22 | | United States, this State, and any other state where it | 23 | | is licensed. | 24 | | (C) The Commission shall approve the application | 25 | | for a self-distribution exemption if such person: (1) | 26 | | is in compliance with State revenue and liquor laws; |
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| 1 | | (2) is not a member of any affiliated group that | 2 | | produces more than 25,000 gallons of wine per annum or | 3 | | produces any other alcoholic liquor; (3) will not | 4 | | annually produce for sale more than 25,000 gallons of | 5 | | wine; and (4) will not annually sell more than 5,000 | 6 | | gallons of its wine to retail licensees. | 7 | | (D) A self-distribution exemption holder shall | 8 | | annually certify to the Commission its production of | 9 | | wine in the previous 12 months and its anticipated | 10 | | production and sales for the next 12 months. The | 11 | | Commission may fine, suspend, or revoke a | 12 | | self-distribution exemption after a hearing if it | 13 | | finds that the exemption holder has made a material | 14 | | misrepresentation in its application, violated a | 15 | | revenue or liquor law of Illinois, exceeded production | 16 | | of 25,000 gallons of wine in any calendar year, or | 17 | | become part of an affiliated group producing more than | 18 | | 25,000 gallons of wine or any other alcoholic liquor. | 19 | | (E) Except in hearings for violations of this Act | 20 | | or amendatory Act or a bona fide investigation by duly | 21 | | sworn law enforcement officials, the Commission, or | 22 | | its agents, the Commission shall maintain the | 23 | | production and sales information of a | 24 | | self-distribution exemption holder as confidential and | 25 | | shall not release such information to any person. | 26 | | (F) The Commission shall issue regulations |
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| 1 | | governing self-distribution exemptions consistent with | 2 | | this Section and this Act. | 3 | | (G) Nothing in this subsection (17) shall prohibit | 4 | | a self-distribution exemption holder from entering | 5 | | into or simultaneously having a distribution agreement | 6 | | with a licensed Illinois distributor. | 7 | | (H) It is the intent of this subsection (17) to | 8 | | promote and continue orderly markets. The General | 9 | | Assembly finds that in order to preserve Illinois' | 10 | | regulatory distribution system it is necessary to | 11 | | create an exception for smaller makers of wine as their | 12 | | wines are frequently adjusted in varietals, mixes, | 13 | | vintages, and taste to find and create market niches | 14 | | sometimes too small for distributor or importing | 15 | | distributor business strategies. Limited | 16 | | self-distribution rights will afford and allow smaller | 17 | | makers of wine access to the marketplace in order to | 18 | | develop a customer base without impairing the | 19 | | integrity of the 3-tier system.
| 20 | | (18) (A) A class 1 brewer licensee, who must also be | 21 | | either a licensed brewer or licensed non-resident dealer | 22 | | and annually manufacture less than 930,000 gallons of beer , | 23 | | cider, or any combination thereof , may make application to | 24 | | the State Commission for a self-distribution exemption to | 25 | | allow the sale of not more than 232,500 gallons of the | 26 | | exemption holder's beer , cider, or any combination thereof |
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| 1 | | to retail licensees per year. | 2 | | (B) In the application, which shall be sworn under | 3 | | penalty of perjury, the class 1 brewer licensee shall | 4 | | state (1) the date it was established; (2) its volume | 5 | | of beer and cider manufactured and sold for each year | 6 | | since its establishment; (3) its efforts to establish | 7 | | distributor relationships; (4) that a | 8 | | self-distribution exemption is necessary to facilitate | 9 | | the marketing of its beer or cider ; and (5) that it | 10 | | will comply with the alcoholic beverage and revenue | 11 | | laws of the United States, this State, and any other | 12 | | state where it is licensed. | 13 | | (C) Any application submitted shall be posted on | 14 | | the State Commission's website at least 45 days prior | 15 | | to action by the State Commission. The State Commission | 16 | | shall approve the application for a self-distribution | 17 | | exemption if the class 1 brewer licensee: (1) is in | 18 | | compliance with the State, revenue, and alcoholic | 19 | | beverage laws; (2) is not a member of any affiliated | 20 | | group that manufactures manufacturers more than | 21 | | 930,000 gallons of beer , cider, or any combination | 22 | | thereof per annum or produces any other alcoholic | 23 | | beverages; (3) shall not annually manufacture for sale | 24 | | more than 930,000 gallons of beer , cider, or any | 25 | | combination thereof ; (4) shall not annually sell more | 26 | | than 232,500 gallons of its beer , cider, or any |
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| 1 | | combination thereof to retail licensees; and (5) has | 2 | | relinquished any brew pub license held by the licensee, | 3 | | including any ownership interest it held in the | 4 | | licensed brew pub. | 5 | | (D) A self-distribution exemption holder shall | 6 | | annually certify to the State Commission its | 7 | | manufacture of beer and cider during the previous 12 | 8 | | months and its anticipated manufacture and sales of | 9 | | beer and cider for the next 12 months. The State | 10 | | Commission may fine, suspend, or revoke a | 11 | | self-distribution exemption after a hearing if it | 12 | | finds that the exemption holder has made a material | 13 | | misrepresentation in its application, violated a | 14 | | revenue or alcoholic beverage law of Illinois, | 15 | | exceeded the manufacture of 930,000 gallons of beer , | 16 | | cider, or any combination thereof in any calendar year | 17 | | or became part of an affiliated group manufacturing | 18 | | more than 930,000 gallons of beer , cider, or any | 19 | | combination thereof or any other alcoholic beverage. | 20 | | (E) The State Commission shall issue rules and | 21 | | regulations governing self-distribution exemptions | 22 | | consistent with this Act. | 23 | | (F) Nothing in this paragraph (18) shall prohibit a | 24 | | self-distribution exemption holder from entering into | 25 | | or simultaneously having a distribution agreement with | 26 | | a licensed Illinois importing distributor or a |
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| 1 | | distributor. If a self-distribution exemption holder | 2 | | enters into a distribution agreement and has assigned | 3 | | distribution rights to an importing distributor or | 4 | | distributor, then the self-distribution exemption | 5 | | holder's distribution rights in the assigned | 6 | | territories shall cease in a reasonable time not to | 7 | | exceed 60 days. | 8 | | (G) It is the intent of this paragraph (18) to | 9 | | promote and continue orderly markets. The General | 10 | | Assembly finds that in order to preserve Illinois' | 11 | | regulatory distribution system, it is necessary to | 12 | | create an exception for smaller manufacturers in order | 13 | | to afford and allow such smaller manufacturers of beer | 14 | | and cider access to the marketplace in order to develop | 15 | | a customer base without impairing the integrity of the | 16 | | 3-tier system. | 17 | | (b) On or before April 30, 1999, the Commission shall | 18 | | present a written
report to the Governor and the General | 19 | | Assembly that shall be based on a study
of the impact of this | 20 | | amendatory Act of 1998 on the business of soliciting,
selling, | 21 | | and shipping
alcoholic liquor from outside of this State | 22 | | directly to residents of this
State.
| 23 | | As part of its report, the Commission shall provide the | 24 | | following
information:
| 25 | | (i) the amount of State excise and sales tax revenues | 26 | | generated as a
result of this amendatory Act of 1998;
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| 1 | | (ii) the amount of licensing fees received as a result | 2 | | of this amendatory
Act of 1998;
| 3 | | (iii) the number of reported violations, the number of | 4 | | cease and desist
notices issued by the Commission, the | 5 | | number of notices of violations issued
to the Department of | 6 | | Revenue, and the number of notices and complaints of
| 7 | | violations to law enforcement officials.
| 8 | | (Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15; | 9 | | 98-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. | 10 | | 8-24-15.) | 11 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | 12 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control | 13 | | Commission
shall be of the following classes: | 14 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 15 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 16 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | 17 | | First Class Winemaker, Class 7. Second Class Winemaker, Class | 18 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | 19 | | 10. Class 1 Brewer, Class 11. Class 2 Brewer, | 20 | | (b) Distributor's license, | 21 | | (c) Importing Distributor's license, | 22 | | (d) Retailer's license, | 23 | | (e) Special Event Retailer's license (not-for-profit), | 24 | | (f) Railroad license, | 25 | | (g) Boat license, |
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| 1 | | (h) Non-Beverage User's license, | 2 | | (i) Wine-maker's premises license, | 3 | | (j) Airplane license, | 4 | | (k) Foreign importer's license, | 5 | | (l) Broker's license, | 6 | | (m) Non-resident dealer's
license, | 7 | | (n) Brew Pub license, | 8 | | (o) Auction liquor license, | 9 | | (p) Caterer retailer license, | 10 | | (q) Special use permit license, | 11 | | (r) Winery shipper's license.
| 12 | | No
person, firm, partnership, corporation, or other legal | 13 | | business entity that is
engaged in the manufacturing of wine | 14 | | may concurrently obtain and hold a
wine-maker's license and a | 15 | | wine manufacturer's license. | 16 | | (a) A manufacturer's license shall allow the manufacture,
| 17 | | importation in bulk, storage, distribution and sale of | 18 | | alcoholic liquor
to persons without the State, as may be | 19 | | permitted by law and to licensees
in this State as follows: | 20 | | Class 1. A Distiller may make sales and deliveries of | 21 | | alcoholic liquor to
distillers, rectifiers, importing | 22 | | distributors, distributors and
non-beverage users and to no | 23 | | other licensees. | 24 | | Class 2. A Rectifier, who is not a distiller, as defined | 25 | | herein, may make
sales and deliveries of alcoholic liquor to | 26 | | rectifiers, importing distributors,
distributors, retailers |
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| 1 | | and non-beverage users and to no other licensees. | 2 | | Class 3. A Brewer may make sales and deliveries of beer or | 3 | | cider to importing
distributors and distributors and may make | 4 | | sales as authorized under subsection (e) of Section 6-4 of this | 5 | | Act. | 6 | | Class 4. A first class wine-manufacturer may make sales and | 7 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
| 8 | | importing
distributors and distributors, and to no other | 9 | | licensees. | 10 | | Class 5. A second class Wine manufacturer may make sales | 11 | | and deliveries
of more than 50,000 gallons of wine to | 12 | | manufacturers, importing distributors
and distributors and to | 13 | | no other licensees. | 14 | | Class 6. A first-class wine-maker's license shall allow the | 15 | | manufacture
of up to 50,000 gallons of wine per year, and the
| 16 | | storage
and sale of such
wine to distributors in the State and | 17 | | to persons without the
State, as may be permitted by law. A | 18 | | person who, prior to June 1, 2008 ( the effective date of Public | 19 | | Act 95-634) this amendatory Act of the 95th General Assembly , | 20 | | is a holder of a first-class wine-maker's license and annually | 21 | | produces more than 25,000 gallons of its own wine and who | 22 | | distributes its wine to licensed retailers shall cease this | 23 | | practice on or before July 1, 2008 in compliance with Public | 24 | | Act 95-634 this amendatory Act of the 95th General Assembly . | 25 | | Class 7. A second-class wine-maker's license shall allow | 26 | | the manufacture
of between 50,000 and 150,000 gallons of wine |
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| 1 | | per year, and
the
storage and sale of such wine
to distributors | 2 | | in this State and to persons without the State, as may be
| 3 | | permitted by law. A person who, prior to June 1, 2008 ( the | 4 | | effective date of Public Act 95-634) this amendatory Act of the | 5 | | 95th General Assembly , is a holder of a second-class | 6 | | wine-maker's license and annually produces more than 25,000 | 7 | | gallons of its own wine and who distributes its wine to | 8 | | licensed retailers shall cease this practice on or before July | 9 | | 1, 2008 in compliance with Public Act 95-634 this amendatory | 10 | | Act of the 95th General Assembly . | 11 | | Class 8. A limited wine-manufacturer may make sales and | 12 | | deliveries not to
exceed 40,000 gallons of wine per year to | 13 | | distributors, and to
non-licensees in accordance with the | 14 | | provisions of this Act. | 15 | | Class 9. A craft distiller license shall allow the | 16 | | manufacture of up to 30,000 gallons of spirits by distillation | 17 | | for one year after March 1, 2013 ( the effective date of Public | 18 | | Act 97-1166) this amendatory Act of the 97th General Assembly | 19 | | and up to 35,000 gallons of spirits by distillation per year | 20 | | thereafter and the storage of such spirits. If a craft | 21 | | distiller licensee is not affiliated with any other | 22 | | manufacturer, then the craft distiller licensee may sell such | 23 | | spirits to distributors in this State and up to 2,500 gallons | 24 | | of such spirits to non-licensees to the extent permitted by any | 25 | | exemption approved by the Commission pursuant to Section 6-4 of | 26 | | this Act. |
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| 1 | | Any craft distiller licensed under this Act who on July 28, | 2 | | 2010 ( the effective date of Public Act 96-1367) this amendatory | 3 | | Act of the 96th General Assembly was licensed as a distiller | 4 | | and manufactured no more spirits than permitted by this Section | 5 | | shall not be required to pay the initial licensing fee. | 6 | | Class 10. A class 1 brewer license, which may only be | 7 | | issued to a licensed brewer or licensed non-resident dealer, | 8 | | shall allow the manufacture of up to 930,000 gallons of beer , | 9 | | cider, or any combination thereof per year provided that the | 10 | | class 1 brewer licensee does not manufacture more than a | 11 | | combined 930,000 gallons of beer or cider per year and is not a | 12 | | member of or affiliated with, directly or indirectly, a | 13 | | manufacturer that produces more than 930,000 gallons of beer , | 14 | | cider, or any combination thereof per year or any other | 15 | | alcoholic liquor. A class 1 brewer licensee may make sales and | 16 | | deliveries to importing distributors and distributors and to | 17 | | retail licensees in accordance with the conditions set forth in | 18 | | paragraph (18) of subsection (a) of Section 3-12 of this Act. | 19 | | Class 11. A class 2 brewer license, which may only be | 20 | | issued to a licensed brewer or licensed non-resident dealer, | 21 | | shall allow the manufacture of up to 3,720,000 gallons of beer , | 22 | | cider, or any combination thereof per year provided that the | 23 | | class 2 brewer licensee does not manufacture more than a | 24 | | combined 3,720,000 gallons of beer or cider per year and is not | 25 | | a member of or affiliated with, directly or indirectly, a | 26 | | manufacturer that produces more than 3,720,000 gallons of beer , |
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| 1 | | cider, or any combination thereof per year or any other | 2 | | alcoholic liquor. A class 2 brewer licensee may make sales and | 3 | | deliveries to importing distributors and distributors, but | 4 | | shall not make sales or deliveries to any other licensee. If | 5 | | the State Commission provides prior approval, a class 2 brewer | 6 | | licensee may annually transfer up to 3,720,000 gallons of beer , | 7 | | cider, or any combination thereof manufactured by that class 2 | 8 | | brewer licensee to the premises of a licensed class 2 brewer | 9 | | wholly owned and operated by the same licensee. | 10 | | (a-1) A manufacturer which is licensed in this State to | 11 | | make sales or
deliveries of alcoholic liquor to licensed | 12 | | distributors or importing distributors and which enlists | 13 | | agents, representatives, or
individuals acting on its behalf | 14 | | who contact licensed retailers on a regular
and continual basis | 15 | | in this State must register those agents, representatives,
or | 16 | | persons acting on its behalf with the State Commission. | 17 | | Registration of agents, representatives, or persons acting | 18 | | on behalf of a
manufacturer is fulfilled by submitting a form | 19 | | to the Commission. The form
shall be developed by the | 20 | | Commission and shall include the name and address of
the | 21 | | applicant, the name and address of the manufacturer he or she | 22 | | represents,
the territory or areas assigned to sell to or | 23 | | discuss pricing terms of
alcoholic liquor, and any other | 24 | | questions deemed appropriate and necessary.
All statements in | 25 | | the forms required to be made by law or by rule shall be
deemed | 26 | | material, and any person who knowingly misstates any material |
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| 1 | | fact under
oath in an application is guilty of a Class B | 2 | | misdemeanor. Fraud,
misrepresentation, false statements, | 3 | | misleading statements, evasions, or
suppression of material | 4 | | facts in the securing of a registration are grounds for
| 5 | | suspension or revocation of the registration. The State | 6 | | Commission shall post a list of registered agents on the | 7 | | Commission's website. | 8 | | (b) A distributor's license shall allow the wholesale | 9 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 10 | | liquors to licensees
in this State and to persons without the | 11 | | State, as may be permitted by law. | 12 | | (c) An importing distributor's license may be issued to and | 13 | | held by
those only who are duly licensed distributors, upon the | 14 | | filing of an
application by a duly licensed distributor, with | 15 | | the Commission and
the Commission shall, without the
payment of | 16 | | any fee, immediately issue such importing distributor's
| 17 | | license to the applicant, which shall allow the importation of | 18 | | alcoholic
liquor by the licensee into this State from any point | 19 | | in the United
States outside this State, and the purchase of | 20 | | alcoholic liquor in
barrels, casks or other bulk containers and | 21 | | the bottling of such
alcoholic liquors before resale thereof, | 22 | | but all bottles or containers
so filled shall be sealed, | 23 | | labeled, stamped and otherwise made to comply
with all | 24 | | provisions, rules and regulations governing manufacturers in
| 25 | | the preparation and bottling of alcoholic liquors. The | 26 | | importing
distributor's license shall permit such licensee to |
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| 1 | | purchase alcoholic
liquor from Illinois licensed non-resident | 2 | | dealers and foreign importers only. | 3 | | (d) A retailer's license shall allow the licensee to sell | 4 | | and offer
for sale at retail, only in the premises specified in | 5 | | the license,
alcoholic liquor for use or consumption, but not | 6 | | for resale in any form. Nothing in Public Act 95-634 this | 7 | | amendatory Act of the 95th General Assembly shall deny, limit, | 8 | | remove, or restrict the ability of a holder of a retailer's | 9 | | license to transfer, deliver, or ship alcoholic liquor to the | 10 | | purchaser for use or consumption subject to any applicable | 11 | | local law or ordinance. Any retail license issued to a | 12 | | manufacturer shall only
permit the manufacturer to sell beer at | 13 | | retail on the premises actually
occupied by the manufacturer. | 14 | | For the purpose of further describing the type of business | 15 | | conducted at a retail licensed premises, a retailer's licensee | 16 | | may be designated by the State Commission as (i) an on premise | 17 | | consumption retailer, (ii) an off premise sale retailer, or | 18 | | (iii) a combined on premise consumption and off premise sale | 19 | | retailer.
| 20 | | Notwithstanding any other provision of this subsection | 21 | | (d), a retail
licensee may sell alcoholic liquors to a special | 22 | | event retailer licensee for
resale to the extent permitted | 23 | | under subsection (e). | 24 | | (e) A special event retailer's license (not-for-profit) | 25 | | shall permit the
licensee to purchase alcoholic liquors from an | 26 | | Illinois licensed distributor
(unless the licensee purchases |
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| 1 | | less than $500 of alcoholic liquors for the
special event, in | 2 | | which case the licensee may purchase the alcoholic liquors
from | 3 | | a licensed retailer) and shall allow the licensee to sell and | 4 | | offer for
sale, at retail, alcoholic liquors for use or | 5 | | consumption, but not for resale
in any form and only at the | 6 | | location and on the specific dates designated for
the special | 7 | | event in the license. An applicant for a special event retailer
| 8 | | license must
(i) furnish with the application: (A) a resale | 9 | | number issued under Section
2c of the Retailers' Occupation Tax | 10 | | Act or evidence that the applicant is
registered under Section | 11 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 12 | | exemption identification
number issued under Section 1g of the | 13 | | Retailers' Occupation Tax Act, and a
certification to the | 14 | | Commission that the purchase of alcoholic liquors will be
a | 15 | | tax-exempt purchase, or (C) a statement that the applicant is | 16 | | not registered
under Section 2a of the Retailers' Occupation | 17 | | Tax Act, does not hold a resale
number under Section 2c of the | 18 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 19 | | number under Section 1g of the Retailers' Occupation Tax
Act, | 20 | | in which event the Commission shall set forth on the special | 21 | | event
retailer's license a statement to that effect; (ii) | 22 | | submit with the application proof satisfactory to
the State | 23 | | Commission that the applicant will provide dram shop liability
| 24 | | insurance in the maximum limits; and (iii) show proof | 25 | | satisfactory to the
State Commission that the applicant has | 26 | | obtained local authority
approval. |
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| 1 | | (f) A railroad license shall permit the licensee to import | 2 | | alcoholic
liquors into this State from any point in the United | 3 | | States outside this
State and to store such alcoholic liquors | 4 | | in this State; to make wholesale
purchases of alcoholic liquors | 5 | | directly from manufacturers, foreign
importers, distributors | 6 | | and importing distributors from within or outside
this State; | 7 | | and to store such alcoholic liquors in this State; provided
| 8 | | that the above powers may be exercised only in connection with | 9 | | the
importation, purchase or storage of alcoholic liquors to be | 10 | | sold or
dispensed on a club, buffet, lounge or dining car | 11 | | operated on an electric,
gas or steam railway in this State; | 12 | | and provided further, that railroad
licensees exercising the | 13 | | above powers shall be subject to all provisions of
Article VIII | 14 | | of this Act as applied to importing distributors. A railroad
| 15 | | license shall also permit the licensee to sell or dispense | 16 | | alcoholic
liquors on any club, buffet, lounge or dining car | 17 | | operated on an electric,
gas or steam railway regularly | 18 | | operated by a common carrier in this State,
but shall not | 19 | | permit the sale for resale of any alcoholic liquors to any
| 20 | | licensee within this State. A license shall be obtained for | 21 | | each car in which
such sales are made. | 22 | | (g) A boat license shall allow the sale of alcoholic liquor | 23 | | in
individual drinks, on any passenger boat regularly operated | 24 | | as a common
carrier on navigable waters in this State or on any | 25 | | riverboat operated
under
the Riverboat Gambling Act, which boat | 26 | | or riverboat maintains a public
dining room or restaurant |
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| 1 | | thereon. | 2 | | (h) A non-beverage user's license shall allow the licensee | 3 | | to
purchase alcoholic liquor from a licensed manufacturer or | 4 | | importing
distributor, without the imposition of any tax upon | 5 | | the business of such
licensed manufacturer or importing | 6 | | distributor as to such alcoholic
liquor to be used by such | 7 | | licensee solely for the non-beverage purposes
set forth in | 8 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 9 | | shall be divided and classified and shall permit the
purchase, | 10 | | possession and use of limited and stated quantities of
| 11 | | alcoholic liquor as follows: | 12 | | Class 1, not to exceed ......................... 500 gallons
| 13 | | Class 2, not to exceed ....................... 1,000 gallons
| 14 | | Class 3, not to exceed ....................... 5,000 gallons
| 15 | | Class 4, not to exceed ...................... 10,000 gallons
| 16 | | Class 5, not to exceed ....................... 50,000 gallons | 17 | | (i) A wine-maker's premises license shall allow a
licensee | 18 | | that concurrently holds a first-class wine-maker's license to | 19 | | sell
and offer for sale at retail in the premises specified in | 20 | | such license
not more than 50,000 gallons of the first-class | 21 | | wine-maker's wine that is
made at the first-class wine-maker's | 22 | | licensed premises per year for use or
consumption, but not for | 23 | | resale in any form. A wine-maker's premises
license shall allow | 24 | | a licensee who concurrently holds a second-class
wine-maker's | 25 | | license to sell and offer for sale at retail in the premises
| 26 | | specified in such license up to 100,000 gallons of the
|
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| 1 | | second-class wine-maker's wine that is made at the second-class | 2 | | wine-maker's
licensed premises per year
for use or consumption | 3 | | but not for resale in any form. A wine-maker's premises license | 4 | | shall allow a
licensee that concurrently holds a first-class | 5 | | wine-maker's license or a second-class
wine-maker's license to | 6 | | sell
and offer for sale at retail at the premises specified in | 7 | | the wine-maker's premises license, for use or consumption but | 8 | | not for resale in any form, any beer, wine, and spirits | 9 | | purchased from a licensed distributor. Upon approval from the
| 10 | | State Commission, a wine-maker's premises license
shall allow | 11 | | the licensee to sell and offer for sale at (i) the wine-maker's
| 12 | | licensed premises and (ii) at up to 2 additional locations for | 13 | | use and
consumption and not for resale. Each location shall | 14 | | require additional
licensing per location as specified in | 15 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
| 16 | | secure liquor liability insurance coverage in an amount at
| 17 | | least equal to the maximum liability amounts set forth in
| 18 | | subsection (a) of Section 6-21 of this Act.
| 19 | | (j) An airplane license shall permit the licensee to import
| 20 | | alcoholic liquors into this State from any point in the United | 21 | | States
outside this State and to store such alcoholic liquors | 22 | | in this State; to
make wholesale purchases of alcoholic liquors | 23 | | directly from
manufacturers, foreign importers, distributors | 24 | | and importing
distributors from within or outside this State; | 25 | | and to store such
alcoholic liquors in this State; provided | 26 | | that the above powers may be
exercised only in connection with |
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| 1 | | the importation, purchase or storage
of alcoholic liquors to be | 2 | | sold or dispensed on an airplane; and
provided further, that | 3 | | airplane licensees exercising the above powers
shall be subject | 4 | | to all provisions of Article VIII of this Act as
applied to | 5 | | importing distributors. An airplane licensee shall also
permit | 6 | | the sale or dispensing of alcoholic liquors on any passenger
| 7 | | airplane regularly operated by a common carrier in this State, | 8 | | but shall
not permit the sale for resale of any alcoholic | 9 | | liquors to any licensee
within this State. A single airplane | 10 | | license shall be required of an
airline company if liquor | 11 | | service is provided on board aircraft in this
State. The annual | 12 | | fee for such license shall be as determined in
Section 5-3. | 13 | | (k) A foreign importer's license shall permit such licensee | 14 | | to purchase
alcoholic liquor from Illinois licensed | 15 | | non-resident dealers only, and to
import alcoholic liquor other | 16 | | than in bulk from any point outside the
United States and to | 17 | | sell such alcoholic liquor to Illinois licensed
importing | 18 | | distributors and to no one else in Illinois;
provided that (i) | 19 | | the foreign importer registers with the State Commission
every
| 20 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 21 | | licensees during the
license period, (ii) the foreign importer | 22 | | complies with all of the provisions
of Section
6-9 of this Act | 23 | | with respect to registration of such Illinois licensees as may
| 24 | | be granted the
right to sell such brands at wholesale, and | 25 | | (iii) the foreign importer complies with the provisions of | 26 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
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| 1 | | provisions apply to manufacturers. | 2 | | (l) (i) A broker's license shall be required of all persons
| 3 | | who solicit
orders for, offer to sell or offer to supply | 4 | | alcoholic liquor to
retailers in the State of Illinois, or who | 5 | | offer to retailers to ship or
cause to be shipped or to make | 6 | | contact with distillers, rectifiers,
brewers or manufacturers | 7 | | or any other party within or without the State
of Illinois in | 8 | | order that alcoholic liquors be shipped to a distributor,
| 9 | | importing distributor or foreign importer, whether such | 10 | | solicitation or
offer is consummated within or without the | 11 | | State of Illinois. | 12 | | No holder of a retailer's license issued by the Illinois | 13 | | Liquor
Control Commission shall purchase or receive any | 14 | | alcoholic liquor, the
order for which was solicited or offered | 15 | | for sale to such retailer by a
broker unless the broker is the | 16 | | holder of a valid broker's license. | 17 | | The broker shall, upon the acceptance by a retailer of the | 18 | | broker's
solicitation of an order or offer to sell or supply or | 19 | | deliver or have
delivered alcoholic liquors, promptly forward | 20 | | to the Illinois Liquor
Control Commission a notification of | 21 | | said transaction in such form as
the Commission may by | 22 | | regulations prescribe. | 23 | | (ii) A broker's license shall be required of
a person | 24 | | within this State, other than a retail licensee,
who, for a fee | 25 | | or commission, promotes, solicits, or accepts orders for
| 26 | | alcoholic liquor, for use or consumption and not for
resale, to |
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| 1 | | be shipped from this State and delivered to residents outside | 2 | | of
this State by an express company, common carrier, or | 3 | | contract carrier.
This Section does not apply to any person who | 4 | | promotes, solicits, or accepts
orders for wine as specifically | 5 | | authorized in Section 6-29 of this Act. | 6 | | A broker's license under this subsection (l)
shall not | 7 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 8 | | own account or to take or deliver title to
such alcoholic | 9 | | liquors. | 10 | | This subsection (l)
shall not apply to distributors, | 11 | | employees of
distributors, or employees of a manufacturer who | 12 | | has registered the
trademark, brand or name of the alcoholic | 13 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 14 | | sells such alcoholic liquor
in the State of Illinois only to | 15 | | its registrants thereunder. | 16 | | Any agent, representative, or person subject to | 17 | | registration pursuant to
subsection (a-1) of this Section shall | 18 | | not be eligible to receive a broker's
license. | 19 | | (m) A non-resident dealer's license shall permit such | 20 | | licensee to ship
into and warehouse alcoholic liquor into this | 21 | | State from any point
outside of this State, and to sell such | 22 | | alcoholic liquor to Illinois licensed
foreign importers and | 23 | | importing distributors and to no one else in this State;
| 24 | | provided that (i) said non-resident dealer shall register with | 25 | | the Illinois Liquor
Control Commission each and every brand of | 26 | | alcoholic liquor which it proposes
to sell to Illinois |
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| 1 | | licensees during the license period, (ii) it shall comply with | 2 | | all of the provisions of Section 6-9 hereof with
respect to | 3 | | registration of such Illinois licensees as may be granted the | 4 | | right
to sell such brands at wholesale, and (iii) the | 5 | | non-resident dealer shall comply with the provisions of | 6 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 7 | | provisions apply to manufacturers. | 8 | | (n) A brew pub license shall allow the licensee to only (i) | 9 | | manufacture up to 155,000 gallons of beer , cider, or any | 10 | | combination thereof per year only
on the premises specified in | 11 | | the license, (ii) make sales of the
beer or cider manufactured | 12 | | on the premises or, with the approval of the Commission, beer | 13 | | or cider manufactured on another brew pub licensed premises | 14 | | that is wholly owned and operated by the same licensee to | 15 | | importing distributors, distributors,
and to non-licensees for | 16 | | use and consumption, (iii) store the beer or cider upon
the | 17 | | premises, (iv) sell and offer for sale at retail from the | 18 | | licensed
premises for off-premises
consumption no more than | 19 | | 155,000 gallons of beer, cider, or any combination thereof per | 20 | | year so long as such sales are only made in-person, (v) sell | 21 | | and offer for sale at retail for use and consumption on the | 22 | | premises specified in the license any form of alcoholic liquor | 23 | | purchased from a licensed distributor or importing | 24 | | distributor, and (vi) with the prior approval of the | 25 | | Commission, annually transfer no more than 155,000 gallons of | 26 | | beer , cider, or any combination thereof manufactured on the |
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| 1 | | premises to a licensed brew pub wholly owned and operated by | 2 | | the same licensee. | 3 | | A brew pub licensee shall not under any circumstance sell | 4 | | or offer for sale beer or cider manufactured by the brew pub | 5 | | licensee to retail licensees. | 6 | | A person who holds a class 2 brewer license may | 7 | | simultaneously hold a brew pub license if the class 2 brewer | 8 | | (i) does not, under any circumstance, sell or offer for sale | 9 | | beer or cider manufactured by the class 2 brewer to retail | 10 | | licensees; (ii) does not hold more than 3 brew pub licenses in | 11 | | this State; (iii) does not manufacture more than a combined | 12 | | 3,720,000 gallons of beer or cider per year, including the beer | 13 | | and cider manufactured at the brew pub; and (iv) is not a | 14 | | member of or affiliated with, directly or indirectly, a | 15 | | manufacturer that produces more than 3,720,000 gallons of beer | 16 | | or cider per year or any other alcoholic liquor. | 17 | | Notwithstanding any other provision of this Act, a licensed | 18 | | brewer or , class 2 brewer , or non-resident dealer who before | 19 | | July 1, 2015 manufactured less than than 3,720,000 gallons of | 20 | | beer per year and held a brew pub license on or before July 1, | 21 | | 2015 may (i) continue to qualify for and hold that brew pub | 22 | | license for the licensed premises and (ii) manufacture more | 23 | | than 3,720,000 gallons of beer or cider per year and continue | 24 | | to qualify for and hold that brew pub license if that brewer | 25 | | or , class 2 brewer , or non-resident dealer does not | 26 | | simultaneously hold a class 1 brewer license and is not a |
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| 1 | | member of or affiliated with, directly or indirectly, a | 2 | | manufacturer that produces more than 3,720,000 gallons of beer , | 3 | | cider, or any combination thereof per year or that produces any | 4 | | other alcoholic liquor. | 5 | | Notwithstanding any other provision of this Act, a licensed | 6 | | non-resident dealer who before July 1, 2015 manufactured less | 7 | | than 3,720,000 gallons of beer per year and held a brew pub | 8 | | license on or before July 1, 2015 may (i) continue to qualify | 9 | | for and hold that brew pub license for the licensed premises | 10 | | and (ii) manufacture more than 3,720,000 gallons of beer per | 11 | | year and continue to qualify for and hold that brew pub license | 12 | | if that non-resident dealer does not simultaneously hold a | 13 | | class 1 brewer license and is not a member of or affiliated | 14 | | with, directly or indirectly, a manufacturer that produces more | 15 | | than 3,720,000 gallons of beer, cider, or any combination | 16 | | thereof per year or that produces any other alcoholic liquor. | 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 Public Act 95-634 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 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 12 | | Section 3-12, the State Commission may receive, respond to, and | 13 | | investigate any complaint and impose any of the remedies | 14 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 15 | | (Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13; | 16 | | 98-756, eff. 7-16-14; 99-448, eff. 8-24-15; revised 10-27-15.)
| 17 | | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| 18 | | Sec. 6-2. Issuance of licenses to certain persons | 19 | | prohibited.
| 20 | | (a) Except as otherwise provided in subsection (b) of this | 21 | | Section and in paragraph (1) of subsection (a) of Section 3-12, | 22 | | no license
of any kind issued by the State Commission or any | 23 | | local
commission shall be issued to:
| 24 | | (1) A person who is not a resident of any city, village | 25 | | or county in
which the premises covered by the license are |
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| 1 | | located; except in case of
railroad or boat licenses.
| 2 | | (2) A person who is not of good character and | 3 | | reputation in the
community in which he resides.
| 4 | | (3) A person who is not a citizen of the United States.
| 5 | | (4) A person who has been convicted of a felony under | 6 | | any Federal or
State law, unless the Commission determines | 7 | | that such
person has been sufficiently rehabilitated to | 8 | | warrant the public trust
after considering matters set | 9 | | forth in such person's application and the
Commission's | 10 | | investigation. The burden of proof of sufficient
| 11 | | rehabilitation shall be on the applicant.
| 12 | | (5) A person who has been convicted of keeping a place | 13 | | of prostitution or keeping a place of juvenile | 14 | | prostitution, promoting prostitution that involves keeping | 15 | | a place of prostitution, or promoting juvenile | 16 | | prostitution that involves keeping a place of juvenile | 17 | | prostitution.
| 18 | | (6) A person who has been convicted of pandering or | 19 | | other crime or
misdemeanor opposed to decency and morality.
| 20 | | (7) A person whose license issued under this Act has | 21 | | been revoked for
cause.
| 22 | | (8) A person who at the time of application for renewal | 23 | | of any license
issued hereunder would not be eligible for | 24 | | such license upon a first
application.
| 25 | | (9) A copartnership, if any general partnership | 26 | | thereof, or any
limited partnership thereof, owning more |
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| 1 | | than 5% of the aggregate limited
partner interest in such | 2 | | copartnership would not be eligible to receive a
license | 3 | | hereunder for any reason other than residence within the | 4 | | political
subdivision, unless residency is required by | 5 | | local ordinance.
| 6 | | (10) A corporation or limited liability company, if any | 7 | | member, officer, manager or director thereof, or
any | 8 | | stockholder or stockholders owning in the aggregate more | 9 | | than 5% of the
stock of such corporation, would not be | 10 | | eligible to receive a license
hereunder for any reason | 11 | | other than citizenship and residence within the
political | 12 | | subdivision.
| 13 | | (10a) A corporation or limited liability company | 14 | | unless it is incorporated or organized in Illinois, or | 15 | | unless it
is a foreign corporation or foreign limited | 16 | | liability company which is qualified under the Business
| 17 | | Corporation Act of 1983 or the Limited Liability Company | 18 | | Act to transact business in Illinois. The Commission shall | 19 | | permit and accept from an applicant for a license under | 20 | | this Act proof prepared from the Secretary of State's | 21 | | website that the corporation or limited liability company | 22 | | is in good standing and is qualified under the Business
| 23 | | Corporation Act of 1983 or the Limited Liability Company | 24 | | Act to transact business in Illinois.
| 25 | | (11) A person whose place of business is conducted by a | 26 | | manager or agent
unless the manager or agent possesses the |
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| 1 | | same qualifications required by
the licensee.
| 2 | | (12) A person who has been convicted of a violation of | 3 | | any Federal or
State law concerning the manufacture, | 4 | | possession or sale of alcoholic
liquor, subsequent to the | 5 | | passage of this Act or has forfeited his bond to
appear in | 6 | | court to answer charges for any such violation.
| 7 | | (13) A person who does not beneficially own the | 8 | | premises for which a
license is sought, or does not have a | 9 | | lease thereon for the full period for
which the license is | 10 | | to be issued.
| 11 | | (14) Any law enforcing public official, including | 12 | | members
of local liquor control commissions,
any mayor, | 13 | | alderman, or member of the
city council or commission, any | 14 | | president of the village board of trustees,
any member of a | 15 | | village board of trustees, or any president or member of a
| 16 | | county board; and no such official shall have a direct | 17 | | interest in the
manufacture, sale, or distribution of | 18 | | alcoholic liquor, except that a
license
may be granted to | 19 | | such official in relation to premises that are
not
located | 20 | | within the territory subject to the jurisdiction of that | 21 | | official
if the issuance of such license is approved by the | 22 | | State Liquor Control
Commission
and except that a license | 23 | | may be granted, in a city or village with a
population of | 24 | | 55,000 or less, to any alderman, member of a city council, | 25 | | or
member of a village board of trustees in relation to | 26 | | premises that are located
within the territory
subject to |
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| 1 | | the jurisdiction of that official if (i) the sale of | 2 | | alcoholic
liquor pursuant to the license is incidental to | 3 | | the selling of food, (ii) the
issuance of the license is | 4 | | approved by the State Commission, (iii) the
issuance of the | 5 | | license is in accordance with all applicable local | 6 | | ordinances
in effect where the premises are located, and | 7 | | (iv) the official granted a
license does not vote on | 8 | | alcoholic liquor issues pending before the board or
council | 9 | | to which the license holder is elected. Notwithstanding any | 10 | | provision of this paragraph (14) to the contrary, an | 11 | | alderman or member of a city council or commission, a | 12 | | member of a village board of trustees other than the | 13 | | president of the village board of trustees, or a member of | 14 | | a county board other than the president of a county board | 15 | | may have a direct interest in the manufacture, sale, or | 16 | | distribution of alcoholic liquor as long as he or she is | 17 | | not a law enforcing public official, a mayor, a village | 18 | | board president, or president of a county board. To prevent | 19 | | any conflict of interest, the elected official with the | 20 | | direct interest in the manufacture, sale, or distribution | 21 | | of alcoholic liquor shall not participate in any meetings, | 22 | | hearings, or decisions on matters impacting the | 23 | | manufacture, sale, or distribution of alcoholic liquor. | 24 | | Furthermore, the mayor of a city with a population of | 25 | | 55,000 or less or the president of a village with a | 26 | | population of 55,000 or less may have an interest in the |
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| 1 | | manufacture, sale, or distribution of alcoholic liquor as | 2 | | long as the council or board over which he or she presides | 3 | | has made a local liquor control commissioner appointment | 4 | | that complies with the requirements of Section 4-2 of this | 5 | | Act.
| 6 | | (15) A person who is not a beneficial owner of the | 7 | | business to be
operated by the licensee.
| 8 | | (16) A person who has been convicted of a gambling | 9 | | offense as
proscribed by any of subsections (a) (3) through | 10 | | (a)
(11) of
Section 28-1 of, or as
proscribed by Section | 11 | | 28-1.1 or 28-3 of, the Criminal Code of
1961 or the | 12 | | Criminal Code of 2012, or as proscribed by a
statute
| 13 | | replaced by any of the aforesaid statutory provisions.
| 14 | | (17) A person or entity to whom a federal wagering | 15 | | stamp has been
issued by the
federal government, unless the | 16 | | person or entity is eligible to be issued a
license under | 17 | | the Raffles and Poker Runs Act or the Illinois Pull Tabs | 18 | | and Jar Games Act.
| 19 | | (18) A person who intends to sell alcoholic liquors for | 20 | | use or
consumption on his or her licensed retail premises | 21 | | who does not have liquor
liability insurance coverage for | 22 | | that premises in an amount that is at least
equal to the | 23 | | maximum liability amounts set out in subsection (a) of | 24 | | Section
6-21.
| 25 | | (19) A person who is licensed by any licensing | 26 | | authority as a manufacturer of beer, or any partnership, |
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| 1 | | corporation, limited liability company, or trust or any | 2 | | subsidiary, affiliate, or agent thereof, or any other form | 3 | | of business enterprise licensed as a manufacturer of beer, | 4 | | having any legal, equitable, or beneficial interest, | 5 | | directly or indirectly, in a person licensed in this State | 6 | | as a distributor or importing distributor. For purposes of | 7 | | this paragraph (19), a person who is licensed by any | 8 | | licensing authority as a "manufacturer of beer" shall also | 9 | | mean a brewer who is also a manufacturer of beer or cider | 10 | | and a non-resident dealer who is also a manufacturer of | 11 | | beer, including a partnership, corporation, limited | 12 | | liability company, or trust or any subsidiary, affiliate, | 13 | | or agent thereof, or any other form of business enterprise | 14 | | licensed as a manufacturer of beer. | 15 | | (20) A person who is licensed in this State as a | 16 | | distributor or importing distributor, or any partnership, | 17 | | corporation, limited liability company, or trust or any | 18 | | subsidiary, affiliate, or agent thereof, or any other form | 19 | | of business enterprise licensed in this State as a | 20 | | distributor or importing distributor having any legal, | 21 | | equitable, or beneficial interest, directly or indirectly, | 22 | | in a person licensed as a manufacturer of beer by any | 23 | | licensing authority, or any partnership, corporation, | 24 | | limited liability company, or trust or any subsidiary, | 25 | | affiliate, or agent thereof, or any other form of business | 26 | | enterprise, except for a person who owns, on or after the |
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| 1 | | effective date of this amendatory Act of the 98th General | 2 | | Assembly, no more than 5% of the outstanding shares of a | 3 | | manufacturer of beer whose shares are publicly traded on an | 4 | | exchange within the meaning of the Securities Exchange Act | 5 | | of 1934. For the purposes of this paragraph (20), a person | 6 | | who is licensed by any licensing authority as a | 7 | | "manufacturer of beer" shall also mean a brewer who is also | 8 | | a manufacturer of beer or cider and a non-resident dealer | 9 | | who is also a manufacturer of beer, including a | 10 | | partnership, corporation, limited liability company, or | 11 | | trust or any subsidiary, affiliate, or agent thereof, or | 12 | | any other form of business enterprise licensed as a | 13 | | manufacturer of beer. | 14 | | (b) A criminal conviction of a corporation is not grounds | 15 | | for the
denial, suspension, or revocation of a license applied | 16 | | for or held by the
corporation if the criminal conviction was | 17 | | not the result of a violation of any
federal or State law | 18 | | concerning the manufacture, possession or sale of
alcoholic | 19 | | liquor, the offense that led to the conviction did not result | 20 | | in any
financial gain to the corporation and the corporation | 21 | | has terminated its
relationship with each director, officer, | 22 | | employee, or controlling shareholder
whose actions directly | 23 | | contributed to the conviction of the corporation. The
| 24 | | Commission shall determine if all provisions of this subsection | 25 | | (b) have been
met before any action on the corporation's | 26 | | license is initiated.
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| 1 | | (Source: P.A. 97-1059, eff. 8-24-12; 97-1150, eff. 1-25-13; | 2 | | 98-10, eff. 5-6-13; 98-21, eff. 6-13-13; 98-644, eff. 6-10-14; | 3 | | 98-756, eff. 7-16-14.)
| 4 | | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| 5 | | Sec. 6-4. (a) No person licensed by any licensing authority | 6 | | as a
distiller, or a wine manufacturer, or any subsidiary or | 7 | | affiliate
thereof, or any officer, associate, member, partner, | 8 | | representative,
employee, agent or shareholder owning more | 9 | | than 5% of the outstanding
shares of such person shall be | 10 | | issued an importing distributor's or
distributor's license, | 11 | | nor shall any person licensed by any licensing
authority as an | 12 | | importing distributor, distributor or retailer, or any
| 13 | | subsidiary or affiliate thereof, or any officer or associate, | 14 | | member,
partner, representative, employee, agent or | 15 | | shareholder owning more than
5% of the outstanding shares of | 16 | | such person be issued a distiller's
license or a wine | 17 | | manufacturer's license; and no person or persons
licensed as a | 18 | | distiller by any licensing authority shall have any
interest, | 19 | | directly or indirectly, with such distributor or importing
| 20 | | distributor.
| 21 | | However, an importing distributor or distributor, which on | 22 | | January
1, 1985 is owned by a brewer, or any subsidiary or | 23 | | affiliate thereof or any
officer, associate, member, partner, | 24 | | representative, employee, agent or
shareholder owning more | 25 | | than 5% of the outstanding shares of the importing
distributor |
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| 1 | | or distributor referred to in this paragraph, may own or
| 2 | | acquire an ownership interest of more than 5% of the | 3 | | outstanding shares of
a wine manufacturer and be issued a wine
| 4 | | manufacturer's license by any licensing authority.
| 5 | | (b) The foregoing provisions shall not apply to any person | 6 | | licensed
by any licensing authority as a distiller or wine | 7 | | manufacturer, or to
any subsidiary or affiliate of any | 8 | | distiller or wine manufacturer who
shall have been heretofore | 9 | | licensed by the State Commission as either an
importing | 10 | | distributor or distributor during the annual licensing period
| 11 | | expiring June 30, 1947, and shall actually have made sales | 12 | | regularly to
retailers.
| 13 | | (c) Provided, however, that in such instances where a | 14 | | distributor's
or importing distributor's license has been | 15 | | issued to any distiller or
wine manufacturer or to any | 16 | | subsidiary or affiliate of any distiller or
wine manufacturer | 17 | | who has, during the licensing period ending June 30,
1947, sold | 18 | | or distributed as such licensed distributor or importing
| 19 | | distributor alcoholic liquors and wines to retailers, such | 20 | | distiller or
wine manufacturer or any subsidiary or affiliate | 21 | | of any distiller or
wine manufacturer holding such | 22 | | distributor's or importing distributor's
license may continue | 23 | | to sell or distribute to retailers such alcoholic
liquors and | 24 | | wines which are manufactured, distilled, processed or
marketed | 25 | | by distillers and wine manufacturers whose products it sold or
| 26 | | distributed to retailers during the whole or any part of its |
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| 1 | | licensing
periods; and such additional brands and additional | 2 | | products may be added
to the line of such distributor or | 3 | | importing distributor, provided, that
such brands and such | 4 | | products were not sold or distributed by any
distributor or | 5 | | importing distributor licensed by the State Commission
during | 6 | | the licensing period ending June 30, 1947, but can not sell or
| 7 | | distribute to retailers any other alcoholic liquors or wines.
| 8 | | (d) It shall be unlawful for any distiller licensed | 9 | | anywhere to have
any stock ownership or interest in any | 10 | | distributor's or importing
distributor's license wherein any | 11 | | other person has an interest therein
who is not a distiller and | 12 | | does not own more than 5% of any stock in any
distillery. | 13 | | Nothing herein contained shall apply to such distillers or
| 14 | | their subsidiaries or affiliates, who had a distributor's or | 15 | | importing
distributor's license during the licensing period | 16 | | ending June 30, 1947,
which license was owned in whole by such | 17 | | distiller, or subsidiaries or
affiliates of such distiller.
| 18 | | (e) Any person licensed as a brewer, class 1 brewer, or | 19 | | class 2 brewer shall be
permitted to sell on the licensed | 20 | | premises to non-licensees for on or off-premises consumption | 21 | | for the premises in which he
or she actually conducts such | 22 | | business beer or cider manufactured by the brewer, class 1 | 23 | | brewer, or class 2 brewer. Such sales shall be limited to | 24 | | on-premises, in-person sales only, for lawful consumption on or | 25 | | off premises. Such authorization shall be considered a | 26 | | privilege granted by the brewer license and, other than a |
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| 1 | | manufacturer of beer or cider
as stated above, no manufacturer | 2 | | or distributor or importing
distributor, excluding airplane | 3 | | licensees exercising powers provided in
paragraph (i) of | 4 | | Section 5-1 of this Act, or any subsidiary or affiliate
| 5 | | thereof, or any officer,
associate, member, partner, | 6 | | representative, employee or agent, or
shareholder shall be | 7 | | issued a retailer's license, nor shall any person
having a | 8 | | retailer's license, excluding airplane licensees exercising | 9 | | powers
provided in paragraph (i) of Section 5-1 of this
Act, or | 10 | | any subsidiary or affiliate thereof, or
any officer, associate, | 11 | | member, partner, representative or agent, or
shareholder be | 12 | | issued a manufacturer's license or importing distributor's
| 13 | | license.
| 14 | | A person who holds a class 1 or class 2 brewer license and | 15 | | is authorized by this Section to sell beer or cider to | 16 | | non-licensees shall not sell beer or cider to non-licensees | 17 | | from more than 3 total brewer or commonly owned brew pub | 18 | | licensed locations in this State. The class 1 or class 2 brewer | 19 | | shall designate to the State Commission the brewer or brew pub | 20 | | locations from which it will sell beer or cider to | 21 | | non-licensees. | 22 | | A person licensed as a craft distiller not affiliated with | 23 | | any other person manufacturing spirits may be authorized by the | 24 | | Commission to sell up to 2,500 gallons of spirits produced by | 25 | | the person to non-licensees for on or off-premises consumption | 26 | | for the premises in which he or she actually conducts business |
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| 1 | | permitting only the retail sale of spirits manufactured at such | 2 | | premises. Such sales shall be limited to on-premises, in-person | 3 | | sales only, for lawful consumption on or off premises, and such | 4 | | authorization shall be considered a privilege granted by the | 5 | | craft distiller license. A craft distiller licensed for retail | 6 | | sale shall secure liquor liability insurance coverage in an | 7 | | amount at least equal to the maximum liability amounts set | 8 | | forth in subsection (a) of Section 6-21 of this Act. | 9 | | (f) (Blank).
| 10 | | (g) Notwithstanding any of the foregoing prohibitions, a | 11 | | limited wine
manufacturer may sell at retail at its | 12 | | manufacturing site for on or off
premises consumption and may | 13 | | sell to distributors. A limited wine manufacturer licensee
| 14 | | shall secure liquor liability insurance coverage in an amount
| 15 | | at least equal to the maximum liability amounts set forth in
| 16 | | subsection (a) of Section 6-21 of this Act.
| 17 | | (h) The changes made to this Section by Public Act 99-47 | 18 | | this amendatory Act of the 99th General Assembly shall not | 19 | | diminish or impair the rights of any person, whether a | 20 | | distiller, wine manufacturer, agent, or affiliate thereof, who | 21 | | requested in writing and submitted documentation to the State | 22 | | Commission on or before February 18, 2015 to be approved for a | 23 | | retail license pursuant to what has heretofore been subsection | 24 | | (f); provided that, on or before that date, the State | 25 | | Commission considered the intent of that person to apply for | 26 | | the retail license under that subsection and, by recorded vote, |
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| 1 | | the State Commission approved a resolution indicating that such | 2 | | a license application could be lawfully approved upon that | 3 | | person duly filing a formal application for a retail license | 4 | | and if that person, within 90 days of the State Commission | 5 | | appearance and recorded vote, first filed an application with | 6 | | the appropriate local commission, which application was | 7 | | subsequently approved by the appropriate local commission | 8 | | prior to consideration by the State Commission of that person's | 9 | | application for a retail license. It is further provided that | 10 | | the State Commission may approve the person's application for a | 11 | | retail license or renewals of such license if such person | 12 | | continues to diligently adhere to all representations made in | 13 | | writing to the State Commission on or before February 18, 2015, | 14 | | or thereafter, or in the affidavit filed by that person with | 15 | | the State Commission to support the issuance of a retail | 16 | | license and to abide by all applicable laws and duly adopted | 17 | | rules. | 18 | | (Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15; | 19 | | revised 10-30-15.)
| 20 | | (235 ILCS 5/6-5) (from Ch. 43, par. 122)
| 21 | | Sec. 6-5.
Except as otherwise provided in this Section, it | 22 | | is unlawful
for any person having a retailer's license or
any | 23 | | officer, associate, member, representative or agent of such | 24 | | licensee
to accept, receive or borrow money, or anything else | 25 | | of value, or accept
or receive credit (other than merchandising |
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| 1 | | credit in the ordinary
course of business for a period not to | 2 | | exceed 30 days) directly or
indirectly from any manufacturer, | 3 | | importing distributor or distributor
of alcoholic liquor, or | 4 | | from any person connected with or in any way
representing, or | 5 | | from any member of the family of, such manufacturer,
importing | 6 | | distributor, distributor or wholesaler, or from any
| 7 | | stockholders in any corporation engaged in manufacturing, | 8 | | distributing
or wholesaling of such liquor, or from any | 9 | | officer, manager, agent or
representative of said | 10 | | manufacturer. Except as provided below, it is
unlawful for any | 11 | | manufacturer
or distributor or importing distributor to give or | 12 | | lend money or
anything of value, or otherwise loan or extend | 13 | | credit (except such
merchandising credit) directly or | 14 | | indirectly to any retail licensee or
to the manager, | 15 | | representative, agent, officer or director of such
licensee. A | 16 | | manufacturer, distributor or importing distributor may furnish
| 17 | | free advertising, posters,
signs, brochures, hand-outs, or | 18 | | other promotional devices or materials to
any unit of | 19 | | government owning or operating any auditorium, exhibition | 20 | | hall,
recreation facility or other similar facility holding a | 21 | | retailer's license,
provided that the primary purpose of such | 22 | | promotional devices or materials
is to promote public events | 23 | | being held at such facility. A unit of government
owning or | 24 | | operating such a facility holding a retailer's license may | 25 | | accept
such promotional devices or materials designed | 26 | | primarily to promote public
events held at the facility. No |
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| 1 | | retail licensee delinquent beyond the
30 day period specified | 2 | | in this Section shall
solicit, accept or receive credit, | 3 | | purchase or acquire alcoholic
liquors, directly or indirectly | 4 | | from any other licensee, and no
manufacturer, distributor or | 5 | | importing distributor shall knowingly grant
or extend credit, | 6 | | sell, furnish or supply alcoholic liquors to any such
| 7 | | delinquent retail licensee; provided that the purchase price of | 8 | | all beer
sold to a retail licensee shall be paid by the retail | 9 | | licensee in cash
on or before delivery of the beer, and unless | 10 | | the purchase price payable
by a retail licensee for beer sold | 11 | | to him in returnable bottles shall
expressly include a charge | 12 | | for the bottles and cases, the retail
licensee shall, on or | 13 | | before delivery of such beer, pay the seller in
cash a deposit | 14 | | in an amount not less than the deposit required to be
paid by | 15 | | the distributor to the brewer; but where the brewer sells | 16 | | direct
to the retailer, the deposit shall be an amount no less | 17 | | than that
required by the brewer from his own distributors; and | 18 | | provided further,
that in no instance shall this deposit be | 19 | | less than 50 cents for each
case of beer or cider in pint or | 20 | | smaller bottles and 60 cents for each case of
beer or cider in | 21 | | quart or half-gallon bottles; and provided further, that the
| 22 | | purchase price of all beer or cider sold to an importing | 23 | | distributor or
distributor shall be paid by such importing | 24 | | distributor or distributor
in cash on or before the 15th day | 25 | | (Sundays and holidays excepted) after
delivery of such beer or | 26 | | cider to such purchaser; and unless the purchase price
payable |
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| 1 | | by such importing distributor or distributor for beer or cider | 2 | | sold in
returnable bottles and cases shall expressly include a | 3 | | charge for the
bottles and cases, such importing distributor or | 4 | | distributor shall, on
or before the 15th day (Sundays and | 5 | | holidays excepted) after delivery of
such beer or cider to such | 6 | | purchaser, pay the seller in cash a required amount as
a | 7 | | deposit to assure the return of such bottles and cases. Nothing | 8 | | herein
contained shall prohibit any licensee from crediting or | 9 | | refunding to a
purchaser the actual amount of money paid for | 10 | | bottles, cases, kegs or
barrels returned by the purchaser to | 11 | | the seller or paid by the purchaser
as a deposit on bottles, | 12 | | cases, kegs or barrels, when such containers or
packages are | 13 | | returned to the seller. Nothing herein contained shall
prohibit | 14 | | any manufacturer, importing distributor or distributor from
| 15 | | extending usual and customary credit for alcoholic liquor sold | 16 | | to
customers or purchasers who live in or maintain places of | 17 | | business
outside of this State when such alcoholic liquor is | 18 | | actually transported
and delivered to such points outside of | 19 | | this State.
| 20 | | A manufacturer, distributor, or importing distributor may | 21 | | furnish free social media advertising to a retail licensee if | 22 | | the social media advertisement does not contain the retail | 23 | | price of any alcoholic liquor and the social media | 24 | | advertisement complies with any applicable rules or | 25 | | regulations issued by the Alcohol and Tobacco Tax and Trade | 26 | | Bureau of the United States Department of the Treasury. A |
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| 1 | | manufacturer, distributor, or importing distributor may list | 2 | | the names of one or more unaffiliated retailers in the | 3 | | advertisement of alcoholic liquor through social media. | 4 | | Nothing in this Section shall prohibit a retailer from | 5 | | communicating with a manufacturer, distributor, or importing | 6 | | distributor on social media or sharing media on the social | 7 | | media of a manufacturer, distributor, or importing | 8 | | distributor. A retailer may request free social media | 9 | | advertising from a manufacturer, distributor, or importing | 10 | | distributor. Nothing in this Section shall prohibit a | 11 | | manufacturer, distributor, or importing distributor from | 12 | | sharing, reposting, or otherwise forwarding a social media post | 13 | | by a retail licensee, so long as the sharing, reposting, or | 14 | | forwarding of the social media post does not contain the retail | 15 | | price of any alcoholic liquor. No manufacturer, distributor, or | 16 | | importing distributor shall pay or reimburse a retailer, | 17 | | directly or indirectly, for any social media advertising | 18 | | services, except as specifically permitted in this Act. No | 19 | | retailer shall accept any payment or reimbursement, directly or | 20 | | indirectly, for any social media advertising services offered | 21 | | by a manufacturer, distributor, or importing distributor, | 22 | | except as specifically permitted in this Act. For the purposes | 23 | | of this Section, "social media" means a service, platform, or | 24 | | site where users communicate with one another and share media, | 25 | | such as pictures, videos, music, and blogs, with other users | 26 | | free of charge. |
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| 1 | | No right of action shall exist for the collection of any | 2 | | claim based
upon credit extended to a distributor, importing | 3 | | distributor or retail
licensee contrary to the provisions of | 4 | | this Section.
| 5 | | Every manufacturer, importing distributor and distributor | 6 | | shall
submit or cause to be submitted, to the State Commission, | 7 | | in triplicate,
not later than Thursday of each calendar week, a | 8 | | verified written list
of the names and respective addresses of | 9 | | each retail licensee purchasing
spirits or wine from such | 10 | | manufacturer, importing distributor or
distributor who, on the | 11 | | first business day of that calendar week, was
delinquent beyond | 12 | | the above mentioned permissible merchandising credit
period of | 13 | | 30 days; or, if such is the fact, a verified written statement
| 14 | | that no retail licensee purchasing spirits or wine was then | 15 | | delinquent
beyond such permissible merchandising credit period | 16 | | of 30 days.
| 17 | | Every manufacturer, importing distributor and distributor | 18 | | shall
submit or cause to be submitted, to the State Commission, | 19 | | in triplicate,
a verified written list of the names and | 20 | | respective addresses of each
previously reported delinquent | 21 | | retail licensee who has cured such
delinquency by payment, | 22 | | which list shall be submitted not later than the
close of the | 23 | | second full business day following the day such delinquency
was | 24 | | so cured.
| 25 | | Such written verified reports required to be submitted by | 26 | | this
Section shall be posted by the State Commission in each of |
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| 1 | | its offices
in places available for public inspection not later | 2 | | than the day
following receipt thereof by the Commission. The | 3 | | reports so posted shall
constitute notice to every | 4 | | manufacturer, importing distributor and
distributor of the | 5 | | information contained therein. Actual notice to
manufacturers, | 6 | | importing distributors and distributors of the
information | 7 | | contained in any such posted reports, however received,
shall | 8 | | also constitute notice of such information.
| 9 | | The 30 day merchandising credit period allowed by this | 10 | | Section shall
commence with the day immediately following the | 11 | | date of invoice and
shall include all successive days including | 12 | | Sundays and holidays to and
including the 30th successive day.
| 13 | | In addition to other methods allowed by law, payment by | 14 | | check during
the period for which merchandising credit may be | 15 | | extended under the
provisions of this Section shall be | 16 | | considered payment. All checks
received in payment for | 17 | | alcoholic liquor shall be promptly deposited for
collection. A | 18 | | post dated check or a check dishonored on presentation for
| 19 | | payment shall not be deemed payment.
| 20 | | A retail licensee shall not be deemed to be delinquent in | 21 | | payment for
any alleged sale to him of alcoholic liquor when | 22 | | there exists a bona fide
dispute between such retailer and a | 23 | | manufacturer, importing distributor
or distributor with | 24 | | respect to the amount of indebtedness existing
because of such | 25 | | alleged sale.
| 26 | | A delinquent retail licensee who engages in the retail |
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| 1 | | liquor
business at 2 or more locations shall be deemed to be | 2 | | delinquent with
respect to each such location.
| 3 | | The license of any person who violates any provision of | 4 | | this Section
shall be subject to suspension or revocation in | 5 | | the manner provided by
this Act.
| 6 | | If any part or provision of this Article or the application | 7 | | thereof
to any person or circumstances shall be adjudged | 8 | | invalid by a court of
competent jurisdiction, such judgment | 9 | | shall be confined by its operation
to the controversy in which | 10 | | it was mentioned and shall not affect or
invalidate the | 11 | | remainder of this Article or the application thereof to
any | 12 | | other person or circumstance and to this and the provisions of | 13 | | this
Article are declared severable.
| 14 | | (Source: P.A. 99-448, eff. 8-24-15.)
| 15 | | (235 ILCS 5/6-21) (from Ch. 43, par. 135)
| 16 | | Sec. 6-21. (a) Every person who is injured within this | 17 | | State, in
person or property, by any intoxicated person has a | 18 | | right of
action in his or her own name, severally or jointly, | 19 | | against any person,
licensed under the laws of this State or of | 20 | | any other state to sell
alcoholic liquor, who, by selling or | 21 | | giving alcoholic liquor,
within or without the territorial | 22 | | limits of this State, causes the
intoxication of such person.
| 23 | | Any person at least
21 years of age who pays for a hotel or | 24 | | motel room or facility knowing that
the room or facility is to | 25 | | be used by any person under 21 years of age for
the unlawful |
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| 1 | | consumption of alcoholic liquors and such consumption causes
| 2 | | the intoxication of the person under 21 years of age, shall be | 3 | | liable to
any person who is injured in person or property by | 4 | | the intoxicated person
under 21 years of age.
Any person | 5 | | owning, renting, leasing or permitting the
occupation of any | 6 | | building or premises with knowledge that alcoholic
liquors are | 7 | | to be sold therein, or who having leased the same for other
| 8 | | purposes, shall knowingly permit therein the sale of any | 9 | | alcoholic liquors
that have caused the intoxication of any | 10 | | person, shall be liable, severally
or jointly, with the person | 11 | | selling
or giving the liquors. However, if such building or | 12 | | premises belong to a
minor or other person under guardianship | 13 | | the guardian of such person shall
be held liable instead of the | 14 | | ward. A married woman has the same right to
bring the action | 15 | | and to control it and the amount recovered as an unmarried
| 16 | | woman. All damages recovered by a minor under this Act shall be | 17 | | paid either
to the minor, or to his or her parent, guardian or | 18 | | next friend as the court
shall direct. The unlawful sale or | 19 | | gift of alcoholic liquor works a
forfeiture of all rights of | 20 | | the lessee or tenant under any lease or
contract of rent upon | 21 | | the premises where the unlawful sale or gift takes
place. All | 22 | | actions for damages under this Act may be by any appropriate
| 23 | | action in the circuit court. An action shall lie for injuries | 24 | | to either
means
of
support or loss of society, but not both, | 25 | | caused by an intoxicated person
or in
consequence of the
| 26 | | intoxication of any person resulting as hereinabove set out.
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| 1 | | "Loss of society" means the mutual benefits that each family | 2 | | member receives
from the other's continued existence, | 3 | | including love, affection, care,
attention, companionship, | 4 | | comfort, guidance, and protection. "Family" includes
spouse, | 5 | | children, parents, brothers, and sisters.
The action, if
the | 6 | | person from whom support or society was furnished is living, | 7 | | shall be
brought by
any person injured in means of support or | 8 | | society in his or her name for
his or her
benefit and the | 9 | | benefit of all other persons
injured in means of support or | 10 | | society. However, any person claiming to be
injured in
means of | 11 | | support or society and not included in any action brought
| 12 | | hereunder may join by
motion made within the times herein | 13 | | provided for bringing such action or
the personal | 14 | | representative of the deceased person from whom such
support or | 15 | | society was furnished may so join. In every such action the | 16 | | jury
shall
determine the amount of damages to be recovered | 17 | | without regard to and
with no special instructions as to the | 18 | | dollar limits on recovery imposed
by this Section. The amount | 19 | | recovered in every such action is for the
exclusive benefit of | 20 | | the person injured in loss of support or society and
shall be
| 21 | | distributed to such persons in the proportions determined by | 22 | | the
verdict rendered or judgment entered in the action. If the | 23 | | right of action is
settled by agreement with the personal | 24 | | representative of a deceased
person from whom support or | 25 | | society was furnished, the court having
jurisdiction of
the | 26 | | estate of the deceased person shall distribute the amount of |
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| 1 | | the
settlement to the person injured in loss of support or | 2 | | society in the
proportion,
as determined by the court, that the | 3 | | percentage of dependency of each
such person upon the deceased | 4 | | person bears to the sum of the percentages
of dependency of all | 5 | | such persons upon the deceased person. For all
causes of action | 6 | | involving persons injured, killed, or incurring property
| 7 | | damage before September 12, 1985, in no event
shall the | 8 | | judgment or recovery under this Act for injury to the person
or | 9 | | to the property of any person as hereinabove set out exceed | 10 | | $15,000, and
recovery under this Act for loss of means of | 11 | | support resulting from the
death or injury of any person, as | 12 | | hereinabove set out,
shall not exceed $20,000.
For all causes | 13 | | of action
involving persons injured, killed, or incurring | 14 | | property damage after
September 12, 1985 but before July 1, | 15 | | 1998, in
no event shall the
judgment or recovery for injury to | 16 | | the person or property of any person
exceed $30,000 for each | 17 | | person incurring damages, and recovery
under this
Act for loss | 18 | | of means of support resulting from the death or
injury of any
| 19 | | person shall not exceed $40,000.
For all causes of action
| 20 | | involving persons injured, killed, or incurring property | 21 | | damage on or after
July 1, 1998, in no event shall the
judgment | 22 | | or recovery for injury to the person or property of any person
| 23 | | exceed $45,000 for each person incurring damages, and recovery | 24 | | under this
Act for either loss of means of support or loss of | 25 | | society resulting from the
death or injury
of any
person shall | 26 | | not exceed $55,000.
Beginning in 1999, every January 20, these |
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| 1 | | liability limits
shall automatically be increased or | 2 | | decreased, as applicable,
by a percentage equal to the | 3 | | percentage change in the consumer price index-u
during the | 4 | | preceding 12-month calendar year. "Consumer price index-u" | 5 | | means
the index published by the Bureau of Labor Statistics of | 6 | | the United States
Department of Labor that measures the average | 7 | | change in prices of goods and
services purchased by all urban | 8 | | consumers, United States city average, all
items, 1982-84 = | 9 | | 100. The new amount resulting from each annual adjustment
shall | 10 | | be determined by the Comptroller and made available via the | 11 | | Comptroller's official website by January 31 of every year and
| 12 | | to the chief judge of
each judicial circuit.
The liability | 13 | | limits at the time at which damages
subject to such limits are | 14 | | awarded by final judgment or settlement shall be
utilized by | 15 | | the courts.
Nothing in this Section bars
any person
from making | 16 | | separate claims which, in the aggregate, exceed any one limit
| 17 | | where such person incurs more than one type of compensable | 18 | | damage,
including personal injury, property damage, and loss to | 19 | | means of support or
society.
However, all persons claiming loss | 20 | | to means of support or society shall be
limited to
an aggregate | 21 | | recovery not to exceed the single limitation set forth herein
| 22 | | for the death or injury of each person from whom support or | 23 | | society is
claimed.
| 24 | | Nothing in this Act shall be construed to confer a cause of | 25 | | action for
injuries to the person or property of the | 26 | | intoxicated person himself, nor
shall anything in this Act be |
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| 1 | | construed to confer a cause of action for
loss of means of | 2 | | support or society on the intoxicated person himself or on
any | 3 | | person
claiming to be supported by such intoxicated person or | 4 | | claiming the society
of such person.
In conformance with the | 5 | | rule of statutory construction enunciated in
the general | 6 | | Illinois saving provision in Section 4 of "An Act to revise
the | 7 | | law in relation to the construction of the statutes", approved | 8 | | March
5, 1874, as amended, no amendment of this Section | 9 | | purporting to abolish
or having the effect of abolishing a | 10 | | cause of action shall be applied to
invalidate a cause of | 11 | | action accruing before its effective date, irrespective
of | 12 | | whether the amendment was passed before or after the effective | 13 | | date of
this amendatory Act of 1986.
| 14 | | Each action hereunder shall be barred unless commenced | 15 | | within one year
next after the cause of action accrued.
| 16 | | However, a licensed distributor or brewer whose only | 17 | | connection with the
furnishing of alcoholic liquor which is | 18 | | alleged to have caused intoxication
was the furnishing or | 19 | | maintaining of any apparatus for the dispensing or
cooling of | 20 | | beer or cider is not liable under this Section, and if such | 21 | | licensee is
named as a defendant, a proper motion to dismiss | 22 | | shall be granted.
| 23 | | (b) Any person licensed under any state or local law to
| 24 | | sell alcoholic liquor, whether
or not a citizen or resident of | 25 | | this State,
who in person or through an agent
causes the | 26 | | intoxication, by the sale or gift of
alcoholic liquor, of any |
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| 1 | | person who, while
intoxicated, causes injury to
any person or | 2 | | property in the State of Illinois
thereby submits such licensed | 3 | | person, and, if an individual, his or her
personal | 4 | | representative, to the jurisdiction of the courts of this State
| 5 | | for a cause of action arising under subsection (a) above.
| 6 | | Service of process upon any person who is subject to the
| 7 | | jurisdiction of the courts of this State, as provided in this | 8 | | subsection,
may be made by personally serving the summons upon | 9 | | the defendant outside
this State, as provided in the Code of | 10 | | Civil Procedure, as now or hereafter
amended, with the same | 11 | | force and effect as
though summons had been personally served | 12 | | within this State.
| 13 | | Only causes of action arising under subsection (a) above | 14 | | may be
asserted against a defendant in an action in which | 15 | | jurisdiction over him
or her is based upon this subsection.
| 16 | | Nothing herein contained limits or affects the right to | 17 | | serve
any process in any other manner now or hereafter provided | 18 | | by law.
| 19 | | (Source: P.A. 94-982, eff. 6-30-06.)
| 20 | | (235 ILCS 5/8-1)
| 21 | | Sec. 8-1.
A tax is imposed upon the privilege of engaging | 22 | | in business as a
manufacturer or as an importing distributor of | 23 | | alcoholic liquor other than beer
at the rate of $0.185 per | 24 | | gallon until September 1, 2009 and $0.231 per gallon beginning | 25 | | September 1, 2009 for cider containing not less than
0.5% |
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| 1 | | alcohol by volume nor more than 7% alcohol by volume, $0.73
per | 2 | | gallon until September 1, 2009 and $1.39 per gallon beginning | 3 | | September 1, 2009 for wine other than
cider containing less | 4 | | than 7% alcohol by volume, and $4.50
per gallon until September | 5 | | 1, 2009 and $8.55 per gallon beginning September 1, 2009 on | 6 | | alcohol and spirits manufactured and sold or used by such
| 7 | | manufacturer, or as agent for any other person, or sold or used | 8 | | by such
importing distributor, or as agent for any other | 9 | | person. A tax is imposed
upon the privilege of engaging in | 10 | | business as a manufacturer of beer or as an
importing | 11 | | distributor of beer at the rate of $0.185 per gallon until | 12 | | September 1, 2009 and $0.231 per gallon beginning September 1, | 13 | | 2009 on
all beer manufactured and sold or used by such | 14 | | manufacturer, or as agent for
any other person, or sold or used | 15 | | by such importing distributor, or as agent
for any other | 16 | | person. Any brewer manufacturing beer in this State shall be
| 17 | | entitled to and given a credit or refund of 75% of the tax | 18 | | imposed on each
gallon of beer up to 4.9 million gallons per | 19 | | year in any given calendar year
for tax paid or payable on beer | 20 | | produced and sold in the State of Illinois.
| 21 | | For the purpose of this Section, "cider" means any | 22 | | alcoholic beverage
obtained by the alcohol fermentation of the | 23 | | juice of apples or pears
including, but not limited to, | 24 | | flavored, sparkling, or carbonated cider.
| 25 | | The credit or refund created by this Act shall apply to all | 26 | | beer taxes
in the calendar years 1982 through 1986.
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| 1 | | The increases made by this amendatory Act of the 91st | 2 | | General Assembly in
the rates of taxes imposed under this | 3 | | Section shall apply beginning on July
1, 1999.
| 4 | | A tax at the rate of 1˘ per gallon on beer and 48˘ per | 5 | | gallon on
alcohol and spirits is also imposed upon the | 6 | | privilege of engaging in
business as a retailer or as a | 7 | | distributor who is not also an importing
distributor with | 8 | | respect to all beer and all alcohol and spirits owned
or | 9 | | possessed by such retailer or distributor when this amendatory | 10 | | Act of
1969 becomes effective, and with respect to which the | 11 | | additional tax
imposed by this amendatory Act upon | 12 | | manufacturers and importing
distributors does not apply. | 13 | | Retailers and distributors who are subject
to the additional | 14 | | tax imposed by this paragraph of this Section shall be
required | 15 | | to inventory such alcoholic liquor and to pay this additional
| 16 | | tax in a manner prescribed by the Department.
| 17 | | The provisions of this Section shall be construed to apply | 18 | | to any
importing distributor engaging in business in this | 19 | | State, whether
licensed or not.
| 20 | | However, such tax is not imposed upon any such business as | 21 | | to any
alcoholic liquor shipped outside Illinois by an Illinois | 22 | | licensed
manufacturer or importing distributor, nor as to any | 23 | | alcoholic liquor
delivered in Illinois by an Illinois licensed | 24 | | manufacturer or importing
distributor to a purchaser for | 25 | | immediate transportation by the purchaser
to another state into | 26 | | which the purchaser has a legal right, under the
laws of such |
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| 1 | | state, to import such alcoholic liquor, nor as to any
alcoholic | 2 | | liquor other than beer sold by one Illinois licensed
| 3 | | manufacturer or importing distributor to another Illinois | 4 | | licensed
manufacturer or importing distributor to the extent to | 5 | | which the sale of
alcoholic liquor other than beer by one | 6 | | Illinois licensed manufacturer
or importing distributor to | 7 | | another Illinois licensed manufacturer or
importing | 8 | | distributor is authorized by the licensing provisions of this
| 9 | | Act, nor to alcoholic liquor whether manufactured in or | 10 | | imported into
this State when sold to a "non-beverage user" | 11 | | licensed by the State for
use in the manufacture of any of the | 12 | | following when they are unfit for
beverage purposes:
| 13 | | Patent and proprietary medicines and medicinal, | 14 | | antiseptic, culinary
and toilet preparations;
| 15 | | Flavoring extracts and syrups and food products;
| 16 | | Scientific, industrial and chemical products, excepting | 17 | | denatured
alcohol;
| 18 | | Or for scientific, chemical, experimental or mechanical | 19 | | purposes;
| 20 | | Nor is the tax imposed upon the privilege of engaging in | 21 | | any business
in interstate commerce or otherwise, which | 22 | | business may not, under the
Constitution and Statutes of the | 23 | | United States, be made the subject of
taxation by this State.
| 24 | | The tax herein imposed shall be in addition to all other | 25 | | occupation
or privilege taxes imposed by the State of Illinois | 26 | | or political
subdivision thereof.
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| 1 | | If any alcoholic liquor manufactured in or imported into | 2 | | this State
is sold to a licensed manufacturer or importing | 3 | | distributor by a
licensed manufacturer or importing | 4 | | distributor to be used solely as an
ingredient in the | 5 | | manufacture of any beverage for human consumption, the
tax | 6 | | imposed upon such purchasing manufacturer or importing | 7 | | distributor
shall be reduced by the amount of the taxes which | 8 | | have been paid by the
selling manufacturer or importing | 9 | | distributor under this Act as to such
alcoholic liquor so used | 10 | | to the Department of Revenue.
| 11 | | If any person received any alcoholic liquors from a | 12 | | manufacturer or
importing distributor, with respect to which | 13 | | alcoholic liquors no tax is
imposed under this Article, and | 14 | | such alcoholic liquor shall thereafter
be disposed of in such | 15 | | manner or under such circumstances as may cause
the same to | 16 | | become the base for the tax imposed by this Article, such
| 17 | | person shall make the same reports and returns, pay the same | 18 | | taxes and
be subject to all other provisions of this Article | 19 | | relating to
manufacturers and importing distributors.
| 20 | | Nothing in this Article shall be construed to require the | 21 | | payment to
the Department of the taxes imposed by this Article | 22 | | more than once with
respect to any quantity of alcoholic liquor | 23 | | sold or used within this
State.
| 24 | | No tax is imposed by this Act on sales of alcoholic liquor | 25 | | by
Illinois licensed foreign importers to Illinois licensed | 26 | | importing
distributors.
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| 1 | | All of the proceeds of the additional tax imposed by Public | 2 | | Act 96-34 shall be deposited by the Department into the Capital | 3 | | Projects Fund. The remainder of the tax imposed by this Act | 4 | | shall be deposited by the Department into the General Revenue | 5 | | Fund. | 6 | | The provisions of this Section 8-1 are severable under | 7 | | Section 1.31 of the Statute on Statutes.
| 8 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | 9 | | eff. 7-13-09; 96-1000, eff. 7-2-10.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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