Full Text of SB1516 99th General Assembly
SB1516sam001 99TH GENERAL ASSEMBLY | Sen. John G. Mulroe Adopted in Senate on Mar 25, 2015
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| 1 | | AMENDMENT TO SENATE BILL 1516
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1516 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 Section 6-4 as follows:
| 6 | | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| 7 | | Sec. 6-4. (a) No person licensed by any licensing authority | 8 | | as a
distiller, or a wine manufacturer, or any subsidiary or | 9 | | affiliate
thereof, or any officer, associate, member, partner, | 10 | | representative,
employee, agent or shareholder owning more | 11 | | than 5% of the outstanding
shares of such person shall be | 12 | | issued an importing distributor's or
distributor's license, | 13 | | nor shall any person licensed by any licensing
authority as an | 14 | | importing distributor, distributor or retailer, or any
| 15 | | subsidiary or affiliate thereof, or any officer or associate, | 16 | | member,
partner, representative, employee, agent or |
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| 1 | | shareholder owning more than
5% of the outstanding shares of | 2 | | such person be issued a distiller's
license or a wine | 3 | | manufacturer's license; and no person or persons
licensed as a | 4 | | distiller by any licensing authority shall have any
interest, | 5 | | directly or indirectly, with such distributor or importing
| 6 | | distributor.
| 7 | | However, an importing distributor or distributor, which on | 8 | | January
1, 1985 is owned by a brewer, or any subsidiary or | 9 | | affiliate thereof or any
officer, associate, member, partner, | 10 | | representative, employee, agent or
shareholder owning more | 11 | | than 5% of the outstanding shares of the importing
distributor | 12 | | or distributor referred to in this paragraph, may own or
| 13 | | acquire an ownership interest of more than 5% of the | 14 | | outstanding shares of
a wine manufacturer and be issued a wine
| 15 | | manufacturer's license by any licensing authority.
| 16 | | (b) The foregoing provisions shall not apply to any person | 17 | | licensed
by any licensing authority as a distiller or wine | 18 | | manufacturer, or to
any subsidiary or affiliate of any | 19 | | distiller or wine manufacturer who
shall have been heretofore | 20 | | licensed by the State Commission as either an
importing | 21 | | distributor or distributor during the annual licensing period
| 22 | | expiring June 30, 1947, and shall actually have made sales | 23 | | regularly to
retailers.
| 24 | | (c) Provided, however, that in such instances where a | 25 | | distributor's
or importing distributor's license has been | 26 | | issued to any distiller or
wine manufacturer or to any |
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| 1 | | subsidiary or affiliate of any distiller or
wine manufacturer | 2 | | who has, during the licensing period ending June 30,
1947, sold | 3 | | or distributed as such licensed distributor or importing
| 4 | | distributor alcoholic liquors and wines to retailers, such | 5 | | distiller or
wine manufacturer or any subsidiary or affiliate | 6 | | of any distiller or
wine manufacturer holding such | 7 | | distributor's or importing distributor's
license may continue | 8 | | to sell or distribute to retailers such alcoholic
liquors and | 9 | | wines which are manufactured, distilled, processed or
marketed | 10 | | by distillers and wine manufacturers whose products it sold or
| 11 | | distributed to retailers during the whole or any part of its | 12 | | licensing
periods; and such additional brands and additional | 13 | | products may be added
to the line of such distributor or | 14 | | importing distributor, provided, that
such brands and such | 15 | | products were not sold or distributed by any
distributor or | 16 | | importing distributor licensed by the State Commission
during | 17 | | the licensing period ending June 30, 1947, but can not sell or
| 18 | | distribute to retailers any other alcoholic liquors or wines.
| 19 | | (d) It shall be unlawful for any distiller licensed | 20 | | anywhere to have
any stock ownership or interest in any | 21 | | distributor's or importing
distributor's license wherein any | 22 | | other person has an interest therein
who is not a distiller and | 23 | | does not own more than 5% of any stock in any
distillery. | 24 | | Nothing herein contained shall apply to such distillers or
| 25 | | their subsidiaries or affiliates, who had a distributor's or | 26 | | importing
distributor's license during the licensing period |
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| 1 | | ending June 30, 1947,
which license was owned in whole by such | 2 | | distiller, or subsidiaries or
affiliates of such distiller.
| 3 | | (e) Any person having been licensed as a manufacturer shall | 4 | | be
permitted to receive one retailer's license for the premises | 5 | | in which he
or she actually conducts such business, permitting | 6 | | only the retail sale of beer manufactured at such premises and | 7 | | only on
such premises, but no such person shall be entitled to | 8 | | more than one
retailer's license in any event, and, other than | 9 | | a manufacturer of beer
as stated above, no manufacturer or | 10 | | distributor or importing
distributor, excluding airplane | 11 | | licensees exercising powers provided in
paragraph (i) of | 12 | | Section 5-1 of this Act, or any subsidiary or affiliate
| 13 | | thereof, or any officer,
associate, member, partner, | 14 | | representative, employee or agent, or
shareholder shall be | 15 | | issued a retailer's license, nor shall any person
having a | 16 | | retailer's license, excluding airplane licensees exercising | 17 | | powers
provided in paragraph (i) of Section 5-1 of this
Act, or | 18 | | any subsidiary or affiliate thereof, or
any officer, associate, | 19 | | member, partner, representative or agent, or
shareholder be | 20 | | issued a manufacturer's license or importing distributor's
| 21 | | license.
| 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). However, the foregoing prohibitions against | 10 | | any person licensed as
a distiller or wine manufacturer being | 11 | | issued a retailer's license shall not apply:
| 12 | | (i) to any hotel, motel or restaurant whose principal | 13 | | business is not
the sale of alcoholic liquors if said | 14 | | retailer's sales of any alcoholic
liquors manufactured, | 15 | | sold, distributed or controlled, directly or
indirectly, | 16 | | by any affiliate, subsidiary, officer, associate, member,
| 17 | | partner, representative, employee, agent or shareholder | 18 | | owning more than 5%
of the outstanding shares of such | 19 | | person does not exceed
10% of the total alcoholic liquor | 20 | | sales of said retail licensee; and
| 21 | | (ii) where the Commission determines, having | 22 | | considered the public
welfare, the economic impact upon the | 23 | | State and the entirety of the facts
and circumstances | 24 | | involved, that the purpose and intent of this Section
would | 25 | | not be violated by granting an exemption.
| 26 | | (g) Notwithstanding any of the foregoing prohibitions, a |
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| 1 | | limited wine
manufacturer may sell at retail at its | 2 | | manufacturing site for on or off
premises consumption and may | 3 | | sell to distributors. A limited wine manufacturer licensee
| 4 | | shall secure liquor liability insurance coverage in an amount
| 5 | | at least equal to the maximum liability amounts set forth in
| 6 | | subsection (a) of Section 6-21 of this Act.
| 7 | | (Source: P.A. 96-1367, eff. 7-28-10; 97-606, eff. 8-26-11; | 8 | | 97-1166, eff. 3-1-13.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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