Full Text of HB3662 100th General Assembly
HB3662 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3662 Introduced , by Rep. Tim Butler SYNOPSIS AS INTRODUCED: |
| 235 ILCS 5/1-3.38 | | 235 ILCS 5/3-12 | | 235 ILCS 5/5-1 | from Ch. 43, par. 115 | 235 ILCS 5/6-4 | from Ch. 43, par. 121 |
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Amends the Liquor Control Act of 1934. Authorizes a Class 1 brewer to manufacture cider and mead. Makes conforming changes.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning liquor.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Sections 1-3.38, 3-12, 5-1, and 6-4 as follows: | 6 | | (235 ILCS 5/1-3.38) | 7 | | Sec. 1-3.38. Class 1 brewer. "Class 1 brewer" means a | 8 | | person who is a holder of a brewer license or non-resident | 9 | | dealer license who manufactures up to 930,000 gallons of beer , | 10 | | cider, mead, or any combination thereof per year and who may | 11 | | make sales and deliveries to importing distributors and | 12 | | distributors and to retail licensees in accordance with the | 13 | | conditions set forth in paragraph (18) of subsection (a) of | 14 | | Section 3-12 of this Act.
| 15 | | (Source: P.A. 98-401, eff. 8-16-13; 99-448, eff. 8-24-15.)
| 16 | | (235 ILCS 5/3-12)
| 17 | | Sec. 3-12. Powers and duties of State Commission.
| 18 | | (a) The State commission shall have the following powers, | 19 | | functions, and
duties:
| 20 | | (1) To receive applications and to issue licenses to | 21 | | manufacturers,
foreign importers, importing distributors, | 22 | | distributors, non-resident dealers,
on premise consumption |
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| 1 | | retailers, off premise sale retailers, special event
| 2 | | retailer licensees, special use permit licenses, auction | 3 | | liquor licenses, brew
pubs, caterer retailers, | 4 | | non-beverage users, railroads, including owners and
| 5 | | lessees of sleeping, dining and cafe cars, airplanes, | 6 | | boats, brokers, and wine
maker's premises licensees in | 7 | | accordance with the provisions of this Act, and
to suspend | 8 | | or revoke such licenses upon the State commission's | 9 | | determination,
upon notice after hearing, that a licensee | 10 | | has violated any provision of this
Act or any rule or | 11 | | regulation issued pursuant thereto and in effect for 30 | 12 | | days
prior to such violation. Except in the case of an | 13 | | action taken pursuant to a
violation of Section 6-3, 6-5, | 14 | | or 6-9, any action by the State Commission to
suspend or | 15 | | revoke a licensee's license may be limited to the license | 16 | | for the
specific premises where the violation occurred.
| 17 | | In lieu of suspending or revoking a license, the | 18 | | commission may impose
a fine, upon the State commission's | 19 | | determination and notice after hearing,
that a licensee has | 20 | | violated any provision of this Act or any rule or
| 21 | | regulation issued pursuant thereto and in effect for 30 | 22 | | days prior to such
violation. | 23 | | For the purpose of this paragraph (1), when determining | 24 | | multiple violations for the sale of alcohol to a person | 25 | | under the age of 21, a second or subsequent violation for | 26 | | the sale of alcohol to a person under the age of 21 shall |
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| 1 | | only be considered if it was committed within 5 years after | 2 | | the date when a prior violation for the sale of alcohol to | 3 | | a person under the age of 21 was committed. | 4 | | The fine imposed under this paragraph may not exceed | 5 | | $500 for each
violation. Each day that the activity, which | 6 | | gave rise to the original fine,
continues is a separate | 7 | | violation. The maximum fine that may be levied against
any | 8 | | licensee, for the period of the license, shall not exceed | 9 | | $20,000.
The maximum penalty that may be imposed on a | 10 | | licensee for selling a bottle of
alcoholic liquor with a | 11 | | foreign object in it or serving from a bottle of
alcoholic | 12 | | liquor with a foreign object in it shall be the destruction | 13 | | of that
bottle of alcoholic liquor for the first 10 bottles | 14 | | so sold or served from by
the licensee. For the eleventh | 15 | | bottle of alcoholic liquor and for each third
bottle | 16 | | thereafter sold or served from by the licensee with a | 17 | | foreign object in
it, the maximum penalty that may be | 18 | | imposed on the licensee is the destruction
of the bottle of | 19 | | alcoholic liquor and a fine of up to $50.
| 20 | | (2) To adopt such rules and regulations consistent with | 21 | | the
provisions of this Act which shall be necessary to | 22 | | carry on its
functions and duties to the end that the | 23 | | health, safety and welfare of
the People of the State of | 24 | | Illinois shall be protected and temperance in
the | 25 | | consumption of alcoholic liquors shall be fostered and | 26 | | promoted and
to distribute copies of such rules and |
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| 1 | | regulations to all licensees
affected thereby.
| 2 | | (3) To call upon other administrative departments of | 3 | | the State,
county and municipal governments, county and | 4 | | city police departments and
upon prosecuting officers for | 5 | | such information and assistance as it
deems necessary in | 6 | | the performance of its duties.
| 7 | | (4) To recommend to local commissioners rules and | 8 | | regulations, not
inconsistent with the law, for the | 9 | | distribution and sale of alcoholic
liquors throughout the | 10 | | State.
| 11 | | (5) To inspect, or cause to be inspected, any
premises | 12 | | in this State
where alcoholic liquors are manufactured, | 13 | | distributed, warehoused, or
sold. Nothing in this Act
| 14 | | authorizes an agent of the Commission to inspect private
| 15 | | areas within the premises without reasonable suspicion or a | 16 | | warrant
during an inspection. "Private areas" include, but | 17 | | are not limited to, safes, personal property, and closed | 18 | | desks.
| 19 | | (5.1) Upon receipt of a complaint or upon having | 20 | | knowledge that any person
is engaged in business as a | 21 | | manufacturer, importing distributor, distributor,
or | 22 | | retailer without a license or valid license, to notify the | 23 | | local liquor
authority, file a complaint with the State's | 24 | | Attorney's Office of the county
where the incident | 25 | | occurred, or initiate an investigation with the | 26 | | appropriate
law enforcement officials.
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| 1 | | (5.2) To issue a cease and desist notice to persons | 2 | | shipping alcoholic
liquor
into this State from a point | 3 | | outside of this State if the shipment is in
violation of | 4 | | this Act.
| 5 | | (5.3) To receive complaints from licensees, local | 6 | | officials, law
enforcement agencies, organizations, and | 7 | | persons stating that any licensee has
been or is violating | 8 | | any provision of this Act or the rules and regulations
| 9 | | issued pursuant to this Act. Such complaints shall be in | 10 | | writing, signed and
sworn to by the person making the | 11 | | complaint, and shall state with specificity
the facts in | 12 | | relation to the alleged violation. If the Commission has
| 13 | | reasonable grounds to believe that the complaint | 14 | | substantially alleges a
violation of this Act or rules and | 15 | | regulations adopted pursuant to this Act, it
shall conduct | 16 | | an investigation. If, after conducting an investigation, | 17 | | the
Commission is satisfied that the alleged violation did | 18 | | occur, it shall proceed
with disciplinary action against | 19 | | the licensee as provided in this Act.
| 20 | | (6) To hear and determine appeals from orders of a | 21 | | local commission
in accordance with the provisions of this | 22 | | Act, as hereinafter set forth.
Hearings under this | 23 | | subsection shall be held in Springfield or Chicago,
at | 24 | | whichever location is the more convenient for the majority | 25 | | of persons
who are parties to the hearing.
| 26 | | (7) The commission shall establish uniform systems of |
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| 1 | | accounts to be
kept by all retail licensees having more | 2 | | than 4 employees, and for this
purpose the commission may | 3 | | classify all retail licensees having more
than 4 employees | 4 | | and establish a uniform system of accounts for each
class | 5 | | and prescribe the manner in which such accounts shall be | 6 | | kept.
The commission may also prescribe the forms of | 7 | | accounts to be kept by
all retail licensees having more | 8 | | than 4 employees, including but not
limited to accounts of | 9 | | earnings and expenses and any distribution,
payment, or | 10 | | other distribution of earnings or assets, and any other
| 11 | | forms, records and memoranda which in the judgment of the | 12 | | commission may
be necessary or appropriate to carry out any | 13 | | of the provisions of this
Act, including but not limited to | 14 | | such forms, records and memoranda as
will readily and | 15 | | accurately disclose at all times the beneficial
ownership | 16 | | of such retail licensed business. The accounts, forms,
| 17 | | records and memoranda shall be available at all reasonable | 18 | | times for
inspection by authorized representatives of the | 19 | | State commission or by
any local liquor control | 20 | | commissioner or his or her authorized representative.
The | 21 | | commission, may, from time to time, alter, amend or repeal, | 22 | | in whole
or in part, any uniform system of accounts, or the | 23 | | form and manner of
keeping accounts.
| 24 | | (8) In the conduct of any hearing authorized to be held | 25 | | by the
commission, to appoint, at the commission's | 26 | | discretion, hearing officers
to conduct hearings involving |
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| 1 | | complex issues or issues that will require a
protracted | 2 | | period of time to resolve, to examine, or cause to be | 3 | | examined,
under oath, any licensee, and to examine or cause | 4 | | to be examined the books and
records
of such licensee; to | 5 | | hear testimony and take proof material for its
information | 6 | | in the discharge of its duties hereunder; to administer or
| 7 | | cause to be administered oaths; for any such purpose to | 8 | | issue
subpoena or subpoenas to require the attendance of | 9 | | witnesses and the
production of books, which shall be | 10 | | effective in any part of this State, and
to adopt rules to | 11 | | implement its powers under this paragraph (8).
| 12 | | Any Circuit Court may by order duly entered,
require | 13 | | the attendance of witnesses and the production of relevant | 14 | | books
subpoenaed by the State commission and the court may | 15 | | compel
obedience to its order by proceedings for contempt.
| 16 | | (9) To investigate the administration of laws in | 17 | | relation to
alcoholic liquors in this and other states and | 18 | | any foreign countries,
and to recommend from time to time | 19 | | to the Governor and through him or
her to the legislature | 20 | | of this State, such amendments to this Act, if any, as
it | 21 | | may think desirable and as will serve to further the | 22 | | general broad
purposes contained in Section 1-2 hereof.
| 23 | | (10) To adopt such rules and regulations consistent | 24 | | with the
provisions of this Act which shall be necessary | 25 | | for the control, sale or
disposition of alcoholic liquor | 26 | | damaged as a result of an accident, wreck,
flood, fire or |
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| 1 | | other similar occurrence.
| 2 | | (11) To develop industry educational programs related | 3 | | to responsible
serving and selling, particularly in the | 4 | | areas of overserving consumers and
illegal underage | 5 | | purchasing and consumption of alcoholic beverages.
| 6 | | (11.1) To license persons providing education and | 7 | | training to alcohol
beverage sellers and servers for | 8 | | mandatory and non-mandatory training under the
Beverage | 9 | | Alcohol Sellers and Servers
Education and Training | 10 | | (BASSET) programs and to develop and administer a public
| 11 | | awareness program in Illinois to reduce or eliminate the | 12 | | illegal purchase and
consumption of alcoholic beverage | 13 | | products by persons under the age of 21.
Application for a | 14 | | license shall be made on forms provided by the State
| 15 | | Commission.
| 16 | | (12) To develop and maintain a repository of license | 17 | | and regulatory
information.
| 18 | | (13) On or before January 15, 1994, the Commission | 19 | | shall issue
a written report to the Governor and General | 20 | | Assembly that is to be based on a
comprehensive study of | 21 | | the impact on and implications for the State of Illinois
of | 22 | | Section 1926 of the federal Federal ADAMHA Reorganization | 23 | | Act of 1992 (Public Law
102-321). This study shall address | 24 | | the extent to which Illinois currently
complies with the | 25 | | provisions of P.L. 102-321 and the rules promulgated | 26 | | pursuant
thereto.
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| 1 | | As part of its report, the Commission shall provide the | 2 | | following essential
information:
| 3 | | (i) the number of retail distributors of tobacco | 4 | | products, by type and
geographic area, in the State;
| 5 | | (ii) the number of reported citations and | 6 | | successful convictions,
categorized by type and | 7 | | location of retail distributor, for violation of the
| 8 | | Prevention of Tobacco Use by Minors and Sale and | 9 | | Distribution of Tobacco Products Act and the Smokeless
| 10 | | Tobacco Limitation Act;
| 11 | | (iii) the extent and nature of organized | 12 | | educational and governmental
activities that are | 13 | | intended to promote, encourage or otherwise secure
| 14 | | compliance with any Illinois laws that prohibit the | 15 | | sale or distribution of
tobacco products to minors; and
| 16 | | (iv) the level of access and availability of | 17 | | tobacco products to
individuals under the age of 18.
| 18 | | To obtain the data necessary to comply with the | 19 | | provisions of P.L. 102-321
and the requirements of this | 20 | | report, the Commission shall conduct random,
unannounced | 21 | | inspections of a geographically and scientifically | 22 | | representative
sample of the State's retail tobacco | 23 | | distributors.
| 24 | | The Commission shall consult with the Department of | 25 | | Public Health, the
Department of Human Services, the
| 26 | | Illinois State Police and any
other executive branch |
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| 1 | | agency, and private organizations that may have
| 2 | | information relevant to this report.
| 3 | | The Commission may contract with the Food and Drug | 4 | | Administration of the
U.S. Department of Health and Human | 5 | | Services to conduct unannounced
investigations of Illinois | 6 | | tobacco vendors to determine compliance with federal
laws | 7 | | relating to the illegal sale of cigarettes and smokeless | 8 | | tobacco products
to persons under the age of 18.
| 9 | | (14) On or before April 30, 2008 and every 2 years
| 10 | | thereafter, the Commission shall present a written
report | 11 | | to the Governor and the General Assembly that shall
be | 12 | | based on a study of the impact of Public Act 95-634 this | 13 | | amendatory Act of
the 95th General Assembly on the business | 14 | | of soliciting,
selling, and shipping wine from inside and | 15 | | outside of this
State directly to residents of this State. | 16 | | As part of its
report, the Commission shall provide all of | 17 | | the
following information: | 18 | | (A) The amount of State excise and sales tax
| 19 | | revenues generated. | 20 | | (B) The amount of licensing fees received. | 21 | | (C) The number of cases of wine shipped from inside
| 22 | | and outside of this State directly to residents of this
| 23 | | State. | 24 | | (D) The number of alcohol compliance operations
| 25 | | conducted. | 26 | | (E) The number of winery shipper's licenses
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| 1 | | issued. | 2 | | (F) The number of each of the following: reported
| 3 | | violations; cease and desist notices issued by the
| 4 | | Commission; notices of violations issued by
the | 5 | | Commission and to the Department of Revenue;
and | 6 | | notices and complaints of violations to law
| 7 | | enforcement officials, including, without limitation,
| 8 | | the Illinois Attorney General and the U.S. Department
| 9 | | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | 10 | | (15) As a means to reduce the underage consumption of
| 11 | | alcoholic liquors, the Commission shall conduct
alcohol | 12 | | compliance operations to investigate whether
businesses | 13 | | that are soliciting, selling, and shipping wine
from inside | 14 | | or outside of this State directly to residents
of this | 15 | | State are licensed by this State or are selling or
| 16 | | attempting to sell wine to persons under 21 years of age in
| 17 | | violation of this Act. | 18 | | (16) The Commission shall, in addition to
notifying any | 19 | | appropriate law enforcement agency, submit
notices of | 20 | | complaints or violations of Sections 6-29 and
6-29.1 by | 21 | | persons who do not hold a winery shipper's
license under | 22 | | this amendatory Act to the Illinois Attorney General and
to | 23 | | the U.S. Department of Treasury's Alcohol and Tobacco Tax | 24 | | and Trade Bureau. | 25 | | (17) (A) A person licensed to make wine under the laws | 26 | | of another state who has a winery shipper's license under |
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| 1 | | this amendatory Act and annually produces less than 25,000 | 2 | | gallons of wine or a person who has a first-class or | 3 | | second-class wine manufacturer's license, a first-class or | 4 | | second-class wine-maker's license, or a limited wine | 5 | | manufacturer's license under this Act and annually | 6 | | produces less than 25,000 gallons of wine may make | 7 | | application to the Commission for a self-distribution | 8 | | exemption to allow the sale of not more than 5,000 gallons | 9 | | of the exemption holder's wine to retail licensees per | 10 | | year. | 11 | | (B) In the application, which shall be sworn under | 12 | | penalty of perjury, such person shall state (1) the | 13 | | date it was established; (2) its volume of production | 14 | | and sales for each year since its establishment; (3) | 15 | | its efforts to establish distributor relationships; | 16 | | (4) that a self-distribution exemption is necessary to | 17 | | facilitate the marketing of its wine; and (5) that it | 18 | | will comply with the liquor and revenue laws of the | 19 | | United States, this State, and any other state where it | 20 | | is licensed. | 21 | | (C) The Commission shall approve the application | 22 | | for a self-distribution exemption if such person: (1) | 23 | | is in compliance with State revenue and liquor laws; | 24 | | (2) is not a member of any affiliated group that | 25 | | produces more than 25,000 gallons of wine per annum or | 26 | | produces any other alcoholic liquor; (3) will not |
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| 1 | | annually produce for sale more than 25,000 gallons of | 2 | | wine; and (4) will not annually sell more than 5,000 | 3 | | gallons of its wine to retail licensees. | 4 | | (D) A self-distribution exemption holder shall | 5 | | annually certify to the Commission its production of | 6 | | wine in the previous 12 months and its anticipated | 7 | | production and sales for the next 12 months. The | 8 | | Commission may fine, suspend, or revoke a | 9 | | self-distribution exemption after a hearing if it | 10 | | finds that the exemption holder has made a material | 11 | | misrepresentation in its application, violated a | 12 | | revenue or liquor law of Illinois, exceeded production | 13 | | of 25,000 gallons of wine in any calendar year, or | 14 | | become part of an affiliated group producing more than | 15 | | 25,000 gallons of wine or any other alcoholic liquor. | 16 | | (E) Except in hearings for violations of this Act | 17 | | or Public Act 95-634 amendatory Act or a bona fide | 18 | | investigation by duly sworn law enforcement officials, | 19 | | the Commission, or its agents, the Commission shall | 20 | | maintain the production and sales information of a | 21 | | self-distribution exemption holder as confidential and | 22 | | shall not release such information to any person. | 23 | | (F) The Commission shall issue regulations | 24 | | governing self-distribution exemptions consistent with | 25 | | this Section and this Act. | 26 | | (G) Nothing in this subsection (17) shall prohibit |
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| 1 | | a self-distribution exemption holder from entering | 2 | | into or simultaneously having a distribution agreement | 3 | | with a licensed Illinois distributor. | 4 | | (H) It is the intent of this subsection (17) to | 5 | | promote and continue orderly markets. The General | 6 | | Assembly finds that in order to preserve Illinois' | 7 | | regulatory distribution system it is necessary to | 8 | | create an exception for smaller makers of wine as their | 9 | | wines are frequently adjusted in varietals, mixes, | 10 | | vintages, and taste to find and create market niches | 11 | | sometimes too small for distributor or importing | 12 | | distributor business strategies. Limited | 13 | | self-distribution rights will afford and allow smaller | 14 | | makers of wine access to the marketplace in order to | 15 | | develop a customer base without impairing the | 16 | | integrity of the 3-tier system.
| 17 | | (18) (A) A class 1 brewer licensee, who must also be | 18 | | either a licensed brewer or licensed non-resident dealer | 19 | | and annually manufacture less than 930,000 gallons of beer , | 20 | | cider, mead, or any combination thereof , may make | 21 | | application to the State Commission for a | 22 | | self-distribution exemption to allow the sale of not more | 23 | | than 232,500 gallons of the exemption holder's beer , cider, | 24 | | mead, or any combination thereof to retail licensees per | 25 | | year. | 26 | | (B) In the application, which shall be sworn under |
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| 1 | | penalty of perjury, the class 1 brewer licensee shall | 2 | | state (1) the date it was established; (2) its volume | 3 | | of beer , cider, or mead manufactured and sold for each | 4 | | year since its establishment; (3) its efforts to | 5 | | establish distributor relationships; (4) that a | 6 | | self-distribution exemption is necessary to facilitate | 7 | | the marketing of its beer , cider, or mead ; and (5) that | 8 | | it will comply with the alcoholic beverage and revenue | 9 | | laws of the United States, this State, and any other | 10 | | state where it is licensed. | 11 | | (C) Any application submitted shall be posted on | 12 | | the State Commission's website at least 45 days prior | 13 | | to action by the State Commission. The State Commission | 14 | | shall approve the application for a self-distribution | 15 | | exemption if the class 1 brewer licensee: (1) is in | 16 | | compliance with the State, revenue, and alcoholic | 17 | | beverage laws; (2) is not a member of any affiliated | 18 | | group that manufactures manufacturers more than | 19 | | 930,000 gallons of beer , cider, mead, or any | 20 | | combination thereof per annum or produces any other | 21 | | alcoholic beverages; (3) shall not annually | 22 | | manufacture for sale more than 930,000 gallons of beer , | 23 | | cider, mead, or any combination thereof ; (4) shall not | 24 | | annually sell more than 232,500 gallons of its beer , | 25 | | cider, mead, or any combination thereof to retail | 26 | | licensees; and (5) has relinquished any brew pub |
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| 1 | | license held by the licensee, including any ownership | 2 | | interest it held in the licensed brew pub. | 3 | | (D) A self-distribution exemption holder shall | 4 | | annually certify to the State Commission its | 5 | | manufacture of beer during the previous 12 months and | 6 | | its anticipated manufacture and sales of beer for the | 7 | | next 12 months. The State Commission may fine, suspend, | 8 | | or revoke a self-distribution exemption after a | 9 | | hearing if it finds that the exemption holder has made | 10 | | a material misrepresentation in its application, | 11 | | violated a revenue or alcoholic beverage law of | 12 | | Illinois, exceeded the manufacture of 930,000 gallons | 13 | | of beer , cider, mead, or any combination thereof in any | 14 | | calendar year or became part of an affiliated group | 15 | | manufacturing more than 930,000 gallons of beer , | 16 | | cider, mead, or any combination thereof or any other | 17 | | alcoholic beverage. | 18 | | (E) The State Commission shall issue rules and | 19 | | regulations governing self-distribution exemptions | 20 | | consistent with this Act. | 21 | | (F) Nothing in this paragraph (18) shall prohibit a | 22 | | self-distribution exemption holder from entering into | 23 | | or simultaneously having a distribution agreement with | 24 | | a licensed Illinois importing distributor or a | 25 | | distributor. If a self-distribution exemption holder | 26 | | enters into a distribution agreement and has assigned |
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| 1 | | distribution rights to an importing distributor or | 2 | | distributor, then the self-distribution exemption | 3 | | holder's distribution rights in the assigned | 4 | | territories shall cease in a reasonable time not to | 5 | | exceed 60 days. | 6 | | (G) It is the intent of this paragraph (18) to | 7 | | promote and continue orderly markets. The General | 8 | | Assembly finds that in order to preserve Illinois' | 9 | | regulatory distribution system, it is necessary to | 10 | | create an exception for smaller manufacturers in order | 11 | | to afford and allow such smaller manufacturers of beer | 12 | | access to the marketplace in order to develop a | 13 | | customer base without impairing the integrity of the | 14 | | 3-tier system. | 15 | | (b) On or before April 30, 1999, the Commission shall | 16 | | present a written
report to the Governor and the General | 17 | | Assembly that shall be based on a study
of the impact of Public | 18 | | Act 90-739 this amendatory Act of 1998 on the business of | 19 | | soliciting,
selling, and shipping
alcoholic liquor from | 20 | | outside of this State directly to residents of this
State.
| 21 | | As part of its report, the Commission shall provide the | 22 | | following
information:
| 23 | | (i) the amount of State excise and sales tax revenues | 24 | | generated as a
result of Public Act 90-739 this amendatory | 25 | | Act of 1998 ;
| 26 | | (ii) the amount of licensing fees received as a result |
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| 1 | | of Public Act 90-739 this amendatory
Act of 1998 ;
| 2 | | (iii) the number of reported violations, the number of | 3 | | cease and desist
notices issued by the Commission, the | 4 | | number of notices of violations issued
to the Department of | 5 | | Revenue, and the number of notices and complaints of
| 6 | | violations to law enforcement officials.
| 7 | | (Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15; | 8 | | 98-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. 8-24-15; | 9 | | revised 9-13-16.) | 10 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | 11 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control | 12 | | Commission
shall be of the following classes: | 13 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 14 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 15 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | 16 | | First Class Winemaker, Class 7. Second Class Winemaker, Class | 17 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | 18 | | 10. Class 1 Brewer, Class 11. Class 2 Brewer, | 19 | | (b) Distributor's license, | 20 | | (c) Importing Distributor's license, | 21 | | (d) Retailer's license, | 22 | | (e) Special Event Retailer's license (not-for-profit), | 23 | | (f) Railroad license, | 24 | | (g) Boat license, | 25 | | (h) Non-Beverage User's license, |
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| 1 | | (i) Wine-maker's premises license, | 2 | | (j) Airplane license, | 3 | | (k) Foreign importer's license, | 4 | | (l) Broker's license, | 5 | | (m) Non-resident dealer's
license, | 6 | | (n) Brew Pub license, | 7 | | (o) Auction liquor license, | 8 | | (p) Caterer retailer license, | 9 | | (q) Special use permit license, | 10 | | (r) Winery shipper's license, | 11 | | (s) Craft distiller tasting permit. | 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 to | 3 | | importing
distributors and distributors and may make sales as | 4 | | authorized under subsection (e) of Section 6-4 of this Act. | 5 | | Class 4. A first class wine-manufacturer may make sales and | 6 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
| 7 | | importing
distributors and distributors, and to no other | 8 | | licensees. | 9 | | Class 5. A second class Wine manufacturer may make sales | 10 | | and deliveries
of more than 50,000 gallons of wine to | 11 | | manufacturers, importing distributors
and distributors and to | 12 | | no other licensees. | 13 | | Class 6. A first-class wine-maker's license shall allow the | 14 | | manufacture
of up to 50,000 gallons of wine per year, and the
| 15 | | storage
and sale of such
wine to distributors in the State and | 16 | | to persons without the
State, as may be permitted by law. A | 17 | | person who, prior to June 1, 2008 (the effective date of Public | 18 | | Act 95-634), is a holder of a first-class wine-maker's license | 19 | | and annually produces more than 25,000 gallons of its own wine | 20 | | and who distributes its wine to licensed retailers shall cease | 21 | | this practice on or before July 1, 2008 in compliance with | 22 | | Public Act 95-634. | 23 | | Class 7. A second-class wine-maker's license shall allow | 24 | | the manufacture
of between 50,000 and 150,000 gallons of wine | 25 | | per year, and
the
storage and sale of such wine
to distributors | 26 | | in this State and to persons without the State, as may be
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| 1 | | permitted by law. A person who, prior to June 1, 2008 (the | 2 | | effective date of Public Act 95-634), is a holder of a | 3 | | second-class wine-maker's license and annually produces more | 4 | | than 25,000 gallons of its own wine and who distributes its | 5 | | wine to licensed retailers shall cease this practice on or | 6 | | before July 1, 2008 in compliance with Public Act 95-634. | 7 | | Class 8. A limited wine-manufacturer may make sales and | 8 | | deliveries not to
exceed 40,000 gallons of wine per year to | 9 | | distributors, and to
non-licensees in accordance with the | 10 | | provisions of this Act. | 11 | | Class 9. A craft distiller license shall allow the | 12 | | manufacture of up to 100,000 March 1, 2013 (Public Act 97-1166) | 13 | | gallons of spirits by distillation per year and the storage of | 14 | | such spirits. If a craft distiller licensee, including a craft | 15 | | distiller licensee who holds more than one craft distiller | 16 | | license, is not affiliated with any other manufacturer of | 17 | | spirits, then the craft distiller licensee may sell such | 18 | | spirits to distributors in this State and up to 2,500 gallons | 19 | | of such spirits to non-licensees to the extent permitted by any | 20 | | exemption approved by the Commission pursuant to Section 6-4 of | 21 | | this Act. A craft distiller license holder may store such | 22 | | spirits at a non-contiguous licensed location, but at no time | 23 | | shall a craft distiller license holder directly or indirectly | 24 | | produce in the aggregate more than 100,000 gallons of spirits | 25 | | per year. | 26 | | A craft distiller licensee may hold more than one craft |
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| 1 | | distiller's license. However, a craft distiller that holds more | 2 | | than one craft distiller license shall not manufacture, in the | 3 | | aggregate, more than 100,000 gallons of spirits by distillation | 4 | | per year and shall not sell, in the aggregate, more than 2,500 | 5 | | gallons of such spirits to non-licensees in accordance with an | 6 | | exemption approved by the State Commission pursuant to Section | 7 | | 6-4 of this Act. | 8 | | Any craft distiller licensed under this Act who on July 28, | 9 | | 2010 (the effective date of Public Act 96-1367) was licensed as | 10 | | a distiller and manufactured no more spirits than permitted by | 11 | | this Section shall not be required to pay the initial licensing | 12 | | fee. | 13 | | Class 10. A class 1 brewer license, which may only be | 14 | | issued to a licensed brewer or licensed non-resident dealer, | 15 | | shall allow the manufacture of up to 930,000 gallons of beer , | 16 | | cider, mead, or any combination thereof per year provided that | 17 | | the class 1 brewer licensee does not manufacture more than a | 18 | | combined 930,000 gallons of beer , cider, or mead per year and | 19 | | is not a member of or affiliated with, directly or indirectly, | 20 | | a manufacturer that produces more than 930,000 gallons of beer , | 21 | | cider, mead, or any combination thereof per year or any other | 22 | | alcoholic liquor. A class 1 brewer licensee may make sales and | 23 | | deliveries to importing distributors and distributors and to | 24 | | retail licensees in accordance with the conditions set forth in | 25 | | paragraph (18) of subsection (a) of Section 3-12 of this Act. | 26 | | Class 11. A class 2 brewer license, which may only be |
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| 1 | | issued to a licensed brewer or licensed non-resident dealer, | 2 | | shall allow the manufacture of up to 3,720,000 gallons of beer | 3 | | per year provided that the class 2 brewer licensee does not | 4 | | manufacture more than a combined 3,720,000 gallons of beer per | 5 | | year and is not a member of or affiliated with, directly or | 6 | | indirectly, a manufacturer that produces more than 3,720,000 | 7 | | gallons of beer per year or any other alcoholic liquor. A class | 8 | | 2 brewer licensee may make sales and deliveries to importing | 9 | | distributors and distributors, but shall not make sales or | 10 | | deliveries to any other licensee. If the State Commission | 11 | | provides prior approval, a class 2 brewer licensee may annually | 12 | | transfer up to 3,720,000 gallons of beer manufactured by that | 13 | | class 2 brewer licensee to the premises of a licensed class 2 | 14 | | brewer wholly owned and operated by the same licensee. | 15 | | (a-1) A manufacturer which is licensed in this State to | 16 | | make sales or
deliveries of alcoholic liquor to licensed | 17 | | distributors or importing distributors and which enlists | 18 | | agents, representatives, or
individuals acting on its behalf | 19 | | who contact licensed retailers on a regular
and continual basis | 20 | | in this State must register those agents, representatives,
or | 21 | | persons acting on its behalf with the State Commission. | 22 | | Registration of agents, representatives, or persons acting | 23 | | on behalf of a
manufacturer is fulfilled by submitting a form | 24 | | to the Commission. The form
shall be developed by the | 25 | | Commission and shall include the name and address of
the | 26 | | applicant, the name and address of the manufacturer he or she |
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| 1 | | represents,
the territory or areas assigned to sell to or | 2 | | discuss pricing terms of
alcoholic liquor, and any other | 3 | | questions deemed appropriate and necessary.
All statements in | 4 | | the forms required to be made by law or by rule shall be
deemed | 5 | | material, and any person who knowingly misstates any material | 6 | | fact under
oath in an application is guilty of a Class B | 7 | | misdemeanor. Fraud,
misrepresentation, false statements, | 8 | | misleading statements, evasions, or
suppression of material | 9 | | facts in the securing of a registration are grounds for
| 10 | | suspension or revocation of the registration. The State | 11 | | Commission shall post a list of registered agents on the | 12 | | Commission's website. | 13 | | (b) A distributor's license shall allow the wholesale | 14 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 15 | | liquors to licensees
in this State and to persons without the | 16 | | State, as may be permitted by law. No person licensed as a | 17 | | distributor shall be granted a non-resident dealer's license. | 18 | | (c) An importing distributor's license may be issued to and | 19 | | held by
those only who are duly licensed distributors, upon the | 20 | | filing of an
application by a duly licensed distributor, with | 21 | | the Commission and
the Commission shall, without the
payment of | 22 | | any fee, immediately issue such importing distributor's
| 23 | | license to the applicant, which shall allow the importation of | 24 | | alcoholic
liquor by the licensee into this State from any point | 25 | | in the United
States outside this State, and the purchase of | 26 | | alcoholic liquor in
barrels, casks or other bulk containers and |
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| 1 | | the bottling of such
alcoholic liquors before resale thereof, | 2 | | but all bottles or containers
so filled shall be sealed, | 3 | | labeled, stamped and otherwise made to comply
with all | 4 | | provisions, rules and regulations governing manufacturers in
| 5 | | the preparation and bottling of alcoholic liquors. The | 6 | | importing
distributor's license shall permit such licensee to | 7 | | purchase alcoholic
liquor from Illinois licensed non-resident | 8 | | dealers and foreign importers only. No person licensed as an | 9 | | importing distributor shall be granted a non-resident dealer's | 10 | | license. | 11 | | (d) A retailer's license shall allow the licensee to sell | 12 | | and offer
for sale at retail, only in the premises specified in | 13 | | the license,
alcoholic liquor for use or consumption, but not | 14 | | for resale in any form. Nothing in Public Act 95-634 shall | 15 | | deny, limit, remove, or restrict the ability of a holder of a | 16 | | retailer's license to transfer, deliver, or ship alcoholic | 17 | | liquor to the purchaser for use or consumption subject to any | 18 | | applicable local law or ordinance. Any retail license issued to | 19 | | a manufacturer shall only
permit the manufacturer to sell beer | 20 | | at retail on the premises actually
occupied by the | 21 | | manufacturer. For the purpose of further describing the type of | 22 | | business conducted at a retail licensed premises, a retailer's | 23 | | licensee may be designated by the State Commission as (i) an on | 24 | | premise consumption retailer, (ii) an off premise sale | 25 | | retailer, or (iii) a combined on premise consumption and off | 26 | | premise sale retailer.
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| 1 | | Notwithstanding any other provision of this subsection | 2 | | (d), a retail
licensee may sell alcoholic liquors to a special | 3 | | event retailer licensee for
resale to the extent permitted | 4 | | under subsection (e). | 5 | | (e) A special event retailer's license (not-for-profit) | 6 | | shall permit the
licensee to purchase alcoholic liquors from an | 7 | | Illinois licensed distributor
(unless the licensee purchases | 8 | | less than $500 of alcoholic liquors for the
special event, in | 9 | | which case the licensee may purchase the alcoholic liquors
from | 10 | | a licensed retailer) and shall allow the licensee to sell and | 11 | | offer for
sale, at retail, alcoholic liquors for use or | 12 | | consumption, but not for resale
in any form and only at the | 13 | | location and on the specific dates designated for
the special | 14 | | event in the license. An applicant for a special event retailer
| 15 | | license must
(i) furnish with the application: (A) a resale | 16 | | number issued under Section
2c of the Retailers' Occupation Tax | 17 | | Act or evidence that the applicant is
registered under Section | 18 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 19 | | exemption identification
number issued under Section 1g of the | 20 | | Retailers' Occupation Tax Act, and a
certification to the | 21 | | Commission that the purchase of alcoholic liquors will be
a | 22 | | tax-exempt purchase, or (C) a statement that the applicant is | 23 | | not registered
under Section 2a of the Retailers' Occupation | 24 | | Tax Act, does not hold a resale
number under Section 2c of the | 25 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 26 | | number under Section 1g of the Retailers' Occupation Tax
Act, |
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| 1 | | in which event the Commission shall set forth on the special | 2 | | event
retailer's license a statement to that effect; (ii) | 3 | | submit with the application proof satisfactory to
the State | 4 | | Commission that the applicant will provide dram shop liability
| 5 | | insurance in the maximum limits; and (iii) show proof | 6 | | satisfactory to the
State Commission that the applicant has | 7 | | obtained local authority
approval. | 8 | | (f) A railroad license shall permit the licensee to import | 9 | | alcoholic
liquors into this State from any point in the United | 10 | | States outside this
State and to store such alcoholic liquors | 11 | | in this State; to make wholesale
purchases of alcoholic liquors | 12 | | directly from manufacturers, foreign
importers, distributors | 13 | | and importing distributors from within or outside
this State; | 14 | | and to store such alcoholic liquors in this State; provided
| 15 | | that the above powers may be exercised only in connection with | 16 | | the
importation, purchase or storage of alcoholic liquors to be | 17 | | sold or
dispensed on a club, buffet, lounge or dining car | 18 | | operated on an electric,
gas or steam railway in this State; | 19 | | and provided further, that railroad
licensees exercising the | 20 | | above powers shall be subject to all provisions of
Article VIII | 21 | | of this Act as applied to importing distributors. A railroad
| 22 | | license shall also permit the licensee to sell or dispense | 23 | | alcoholic
liquors on any club, buffet, lounge or dining car | 24 | | operated on an electric,
gas or steam railway regularly | 25 | | operated by a common carrier in this State,
but shall not | 26 | | permit the sale for resale of any alcoholic liquors to any
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| 1 | | licensee within this State. A license shall be obtained for | 2 | | each car in which
such sales are made. | 3 | | (g) A boat license shall allow the sale of alcoholic liquor | 4 | | in
individual drinks, on any passenger boat regularly operated | 5 | | as a common
carrier on navigable waters in this State or on any | 6 | | riverboat operated
under
the Riverboat Gambling Act, which boat | 7 | | or riverboat maintains a public
dining room or restaurant | 8 | | thereon. | 9 | | (h) A non-beverage user's license shall allow the licensee | 10 | | to
purchase alcoholic liquor from a licensed manufacturer or | 11 | | importing
distributor, without the imposition of any tax upon | 12 | | the business of such
licensed manufacturer or importing | 13 | | distributor as to such alcoholic
liquor to be used by such | 14 | | licensee solely for the non-beverage purposes
set forth in | 15 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 16 | | shall be divided and classified and shall permit the
purchase, | 17 | | possession and use of limited and stated quantities of
| 18 | | alcoholic liquor as follows: | 19 | | Class 1, not to exceed ......................... 500 gallons
| 20 | | Class 2, not to exceed ....................... 1,000 gallons
| 21 | | Class 3, not to exceed ....................... 5,000 gallons
| 22 | | Class 4, not to exceed ...................... 10,000 gallons
| 23 | | Class 5, not to exceed ....................... 50,000 gallons | 24 | | (i) A wine-maker's premises license shall allow a
licensee | 25 | | that concurrently holds a first-class wine-maker's license to | 26 | | sell
and offer for sale at retail in the premises specified in |
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| 1 | | such license
not more than 50,000 gallons of the first-class | 2 | | wine-maker's wine that is
made at the first-class wine-maker's | 3 | | licensed premises per year for use or
consumption, but not for | 4 | | resale in any form. A wine-maker's premises
license shall allow | 5 | | a licensee who concurrently holds a second-class
wine-maker's | 6 | | license to sell and offer for sale at retail in the premises
| 7 | | specified in such license up to 100,000 gallons of the
| 8 | | second-class wine-maker's wine that is made at the second-class | 9 | | wine-maker's
licensed premises per year
for use or consumption | 10 | | but not for resale in any form. A wine-maker's premises license | 11 | | shall allow a
licensee that concurrently holds a first-class | 12 | | wine-maker's license or a second-class
wine-maker's license to | 13 | | sell
and offer for sale at retail at the premises specified in | 14 | | the wine-maker's premises license, for use or consumption but | 15 | | not for resale in any form, any beer, wine, and spirits | 16 | | purchased from a licensed distributor. Upon approval from the
| 17 | | State Commission, a wine-maker's premises license
shall allow | 18 | | the licensee to sell and offer for sale at (i) the wine-maker's
| 19 | | licensed premises and (ii) at up to 2 additional locations for | 20 | | use and
consumption and not for resale. Each location shall | 21 | | require additional
licensing per location as specified in | 22 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
| 23 | | secure liquor liability insurance coverage in an amount at
| 24 | | least equal to the maximum liability amounts set forth in
| 25 | | subsection (a) of Section 6-21 of this Act.
| 26 | | (j) An airplane license shall permit the licensee to import
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| 1 | | alcoholic liquors into this State from any point in the United | 2 | | States
outside this State and to store such alcoholic liquors | 3 | | in this State; to
make wholesale purchases of alcoholic liquors | 4 | | directly from
manufacturers, foreign importers, distributors | 5 | | and importing
distributors from within or outside this State; | 6 | | and to store such
alcoholic liquors in this State; provided | 7 | | that the above powers may be
exercised only in connection with | 8 | | the importation, purchase or storage
of alcoholic liquors to be | 9 | | sold or dispensed on an airplane; and
provided further, that | 10 | | airplane licensees exercising the above powers
shall be subject | 11 | | to all provisions of Article VIII of this Act as
applied to | 12 | | importing distributors. An airplane licensee shall also
permit | 13 | | the sale or dispensing of alcoholic liquors on any passenger
| 14 | | airplane regularly operated by a common carrier in this State, | 15 | | but shall
not permit the sale for resale of any alcoholic | 16 | | liquors to any licensee
within this State. A single airplane | 17 | | license shall be required of an
airline company if liquor | 18 | | service is provided on board aircraft in this
State. The annual | 19 | | fee for such license shall be as determined in
Section 5-3. | 20 | | (k) A foreign importer's license shall permit such licensee | 21 | | to purchase
alcoholic liquor from Illinois licensed | 22 | | non-resident dealers only, and to
import alcoholic liquor other | 23 | | than in bulk from any point outside the
United States and to | 24 | | sell such alcoholic liquor to Illinois licensed
importing | 25 | | distributors and to no one else in Illinois;
provided that (i) | 26 | | the foreign importer registers with the State Commission
every
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| 1 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 2 | | licensees during the
license period, (ii) the foreign importer | 3 | | complies with all of the provisions
of Section
6-9 of this Act | 4 | | with respect to registration of such Illinois licensees as may
| 5 | | be granted the
right to sell such brands at wholesale, and | 6 | | (iii) the foreign importer complies with the provisions of | 7 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 8 | | provisions apply to manufacturers. | 9 | | (l) (i) A broker's license shall be required of all persons
| 10 | | who solicit
orders for, offer to sell or offer to supply | 11 | | alcoholic liquor to
retailers in the State of Illinois, or who | 12 | | offer to retailers to ship or
cause to be shipped or to make | 13 | | contact with distillers, rectifiers,
brewers or manufacturers | 14 | | or any other party within or without the State
of Illinois in | 15 | | order that alcoholic liquors be shipped to a distributor,
| 16 | | importing distributor or foreign importer, whether such | 17 | | solicitation or
offer is consummated within or without the | 18 | | State of Illinois. | 19 | | No holder of a retailer's license issued by the Illinois | 20 | | Liquor
Control Commission shall purchase or receive any | 21 | | alcoholic liquor, the
order for which was solicited or offered | 22 | | for sale to such retailer by a
broker unless the broker is the | 23 | | holder of a valid broker's license. | 24 | | The broker shall, upon the acceptance by a retailer of the | 25 | | broker's
solicitation of an order or offer to sell or supply or | 26 | | deliver or have
delivered alcoholic liquors, promptly forward |
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| 1 | | to the Illinois Liquor
Control Commission a notification of | 2 | | said transaction in such form as
the Commission may by | 3 | | regulations prescribe. | 4 | | (ii) A broker's license shall be required of
a person | 5 | | within this State, other than a retail licensee,
who, for a fee | 6 | | or commission, promotes, solicits, or accepts orders for
| 7 | | alcoholic liquor, for use or consumption and not for
resale, to | 8 | | be shipped from this State and delivered to residents outside | 9 | | of
this State by an express company, common carrier, or | 10 | | contract carrier.
This Section does not apply to any person who | 11 | | promotes, solicits, or accepts
orders for wine as specifically | 12 | | authorized in Section 6-29 of this Act. | 13 | | A broker's license under this subsection (l)
shall not | 14 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 15 | | own account or to take or deliver title to
such alcoholic | 16 | | liquors. | 17 | | This subsection (l)
shall not apply to distributors, | 18 | | employees of
distributors, or employees of a manufacturer who | 19 | | has registered the
trademark, brand or name of the alcoholic | 20 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 21 | | sells such alcoholic liquor
in the State of Illinois only to | 22 | | its registrants thereunder. | 23 | | Any agent, representative, or person subject to | 24 | | registration pursuant to
subsection (a-1) of this Section shall | 25 | | not be eligible to receive a broker's
license. | 26 | | (m) A non-resident dealer's license shall permit such |
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| 1 | | licensee to ship
into and warehouse alcoholic liquor into this | 2 | | State from any point
outside of this State, and to sell such | 3 | | alcoholic liquor to Illinois licensed
foreign importers and | 4 | | importing distributors and to no one else in this State;
| 5 | | provided that (i) said non-resident dealer shall register with | 6 | | the Illinois Liquor
Control Commission each and every brand of | 7 | | alcoholic liquor which it proposes
to sell to Illinois | 8 | | licensees during the license period, (ii) it shall comply with | 9 | | all of the provisions of Section 6-9 hereof with
respect to | 10 | | registration of such Illinois licensees as may be granted the | 11 | | right
to sell such brands at wholesale, and (iii) the | 12 | | non-resident dealer shall comply with the provisions of | 13 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 14 | | provisions apply to manufacturers. No person licensed as a | 15 | | non-resident dealer shall be granted a distributor's or | 16 | | importing distributor's license. | 17 | | (n) A brew pub license shall allow the licensee to only (i) | 18 | | manufacture up to 155,000 gallons of beer per year only
on the | 19 | | premises specified in the license, (ii) make sales of the
beer | 20 | | manufactured on the premises or, with the approval of the | 21 | | Commission, beer manufactured on another brew pub licensed | 22 | | premises that is wholly owned and operated by the same licensee | 23 | | to importing distributors, distributors,
and to non-licensees | 24 | | for use and consumption, (iii) store the beer upon
the | 25 | | premises, (iv) sell and offer for sale at retail from the | 26 | | licensed
premises for off-premises
consumption no more than |
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| 1 | | 155,000 gallons per year so long as such sales are only made | 2 | | in-person, (v) sell and offer for sale at retail for use and | 3 | | consumption on the premises specified in the license any form | 4 | | of alcoholic liquor purchased from a licensed distributor or | 5 | | importing distributor, and (vi) with the prior approval of the | 6 | | Commission, annually transfer no more than 155,000 gallons of | 7 | | beer manufactured on the premises to a licensed brew pub wholly | 8 | | owned and operated by the same licensee. | 9 | | A brew pub licensee shall not under any circumstance sell | 10 | | or offer for sale beer manufactured by the brew pub licensee to | 11 | | retail licensees. | 12 | | A person who holds a class 2 brewer license may | 13 | | simultaneously hold a brew pub license if the class 2 brewer | 14 | | (i) does not, under any circumstance, sell or offer for sale | 15 | | beer manufactured by the class 2 brewer to retail licensees; | 16 | | (ii) does not hold more than 3 brew pub licenses in this State; | 17 | | (iii) does not manufacture more than a combined 3,720,000 | 18 | | gallons of beer per year, including the beer manufactured at | 19 | | the brew pub; and (iv) is not a member of or affiliated with, | 20 | | directly or indirectly, a manufacturer that produces more than | 21 | | 3,720,000 gallons of beer per year or any other alcoholic | 22 | | liquor. | 23 | | Notwithstanding any other provision of this Act, a licensed | 24 | | brewer, class 2 brewer, or non-resident dealer who before July | 25 | | 1, 2015 manufactured less than 3,720,000 gallons of beer per | 26 | | year and held a brew pub license on or before July 1, 2015 may |
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| 1 | | (i) continue to qualify for and hold that brew pub license for | 2 | | the licensed premises and (ii) manufacture more than 3,720,000 | 3 | | gallons of beer per year and continue to qualify for and hold | 4 | | that brew pub license if that brewer, class 2 brewer, or | 5 | | non-resident dealer does not simultaneously hold a class 1 | 6 | | brewer license and is not a member of or affiliated with, | 7 | | directly or indirectly, a manufacturer that produces more than | 8 | | 3,720,000 gallons of beer per year or that produces any other | 9 | | alcoholic liquor. | 10 | | (o) A caterer retailer license shall allow the holder
to | 11 | | serve alcoholic liquors as an incidental part of a food service | 12 | | that serves
prepared meals which excludes the serving of snacks | 13 | | as
the primary meal, either on or off-site whether licensed or | 14 | | unlicensed. | 15 | | (p) An auction liquor license shall allow the licensee to | 16 | | sell and offer
for sale at auction wine and spirits for use or | 17 | | consumption, or for resale by
an Illinois liquor licensee in | 18 | | accordance with provisions of this Act. An
auction liquor | 19 | | license will be issued to a person and it will permit the
| 20 | | auction liquor licensee to hold the auction anywhere in the | 21 | | State. An auction
liquor license must be obtained for each | 22 | | auction at least 14 days in advance of
the auction date. | 23 | | (q) A special use permit license shall allow an Illinois | 24 | | licensed
retailer to transfer a portion of its alcoholic liquor | 25 | | inventory from its
retail licensed premises to the premises | 26 | | specified in the license hereby
created, and to sell or offer |
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| 1 | | for sale at retail, only in the premises
specified in the | 2 | | license hereby created, the transferred alcoholic liquor for
| 3 | | use or consumption, but not for resale in any form. A special | 4 | | use permit
license may be granted for the following time | 5 | | periods: one day or less; 2 or
more days to a maximum of 15 days | 6 | | per location in any 12-month 12 month period. An
applicant for | 7 | | the special use permit license must also submit with the
| 8 | | application proof satisfactory to the State Commission that the | 9 | | applicant will
provide dram shop liability insurance to the | 10 | | maximum limits and have local
authority approval. | 11 | | (r) A winery shipper's license shall allow a person
with a | 12 | | first-class or second-class wine manufacturer's
license, a | 13 | | first-class or second-class wine-maker's license,
or a limited | 14 | | wine manufacturer's license or who is licensed to
make wine | 15 | | under the laws of another state to ship wine
made by that | 16 | | licensee directly to a resident of this
State who is 21 years | 17 | | of age or older for that resident's
personal use and not for | 18 | | resale. Prior to receiving a
winery shipper's license, an | 19 | | applicant for the license must
provide the Commission with a | 20 | | true copy of its current
license in any state in which it is | 21 | | licensed as a manufacturer
of wine. An applicant for a winery | 22 | | shipper's license must
also complete an application form that | 23 | | provides any other
information the Commission deems necessary. | 24 | | The application form shall include all addresses from which the | 25 | | applicant for a winery shipper's license intends to ship wine, | 26 | | including the name and address of any third party, except for a |
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| 1 | | common carrier, authorized to ship wine on behalf of the | 2 | | manufacturer. The
application form shall include an | 3 | | acknowledgement consenting
to the jurisdiction of the | 4 | | Commission, the Illinois
Department of Revenue, and the courts | 5 | | of this State concerning
the enforcement of this Act and any | 6 | | related laws, rules, and
regulations, including authorizing | 7 | | the Department of Revenue
and the Commission to conduct audits | 8 | | for the purpose of
ensuring compliance with Public Act 95-634, | 9 | | and an acknowledgement that the wine manufacturer is in | 10 | | compliance with Section 6-2 of this Act. Any third party, | 11 | | except for a common carrier, authorized to ship wine on behalf | 12 | | of a first-class or second-class wine manufacturer's licensee, | 13 | | a first-class or second-class wine-maker's licensee, a limited | 14 | | wine manufacturer's licensee, or a person who is licensed to | 15 | | make wine under the laws of another state shall also be | 16 | | disclosed by the winery shipper's licensee, and a copy of the | 17 | | written appointment of the third-party wine provider, except | 18 | | for a common carrier, to the wine manufacturer shall be filed | 19 | | with the State Commission as a supplement to the winery | 20 | | shipper's license application or any renewal thereof. The | 21 | | winery shipper's license holder shall affirm under penalty of | 22 | | perjury, as part of the winery shipper's license application or | 23 | | renewal, that he or she only ships wine, either directly or | 24 | | indirectly through a third-party provider, from the licensee's | 25 | | own production. | 26 | | Except for a common carrier, a third-party provider |
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| 1 | | shipping wine on behalf of a winery shipper's license holder is | 2 | | the agent of the winery shipper's license holder and, as such, | 3 | | a winery shipper's license holder is responsible for the acts | 4 | | and omissions of the third-party provider acting on behalf of | 5 | | the license holder. A third-party provider, except for a common | 6 | | carrier, that engages in shipping wine into Illinois on behalf | 7 | | of a winery shipper's license holder shall consent to the | 8 | | jurisdiction of the State Commission and the State. Any | 9 | | third-party, except for a common carrier, holding such an | 10 | | appointment shall, by February 1 of each calendar year, file | 11 | | with the State Commission a statement detailing each shipment | 12 | | made to an Illinois resident. The State Commission shall adopt | 13 | | rules as soon as practicable to implement the requirements of | 14 | | Public Act 99-904 this amendatory Act of the 99th General | 15 | | Assembly and shall adopt rules prohibiting any such third-party | 16 | | appointment of a third-party provider, except for a common | 17 | | carrier, that has been deemed by the State Commission to have | 18 | | violated the provisions of this Act with regard to any winery | 19 | | shipper licensee. | 20 | | A winery shipper licensee must pay to the Department
of | 21 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 22 | | all wine that is sold by the licensee and shipped to a person
| 23 | | in this State. For the purposes of Section 8-1, a winery
| 24 | | shipper licensee shall be taxed in the same manner as a
| 25 | | manufacturer of wine. A licensee who is not otherwise required | 26 | | to register under the Retailers' Occupation Tax Act must
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| 1 | | register under the Use Tax Act to collect and remit use tax to
| 2 | | the Department of Revenue for all gallons of wine that are sold
| 3 | | by the licensee and shipped to persons in this State. If a
| 4 | | licensee fails to remit the tax imposed under this Act in
| 5 | | accordance with the provisions of Article VIII of this Act, the
| 6 | | winery shipper's license shall be revoked in accordance
with | 7 | | the provisions of Article VII of this Act. If a licensee
fails | 8 | | to properly register and remit tax under the Use Tax Act
or the | 9 | | Retailers' Occupation Tax Act for all wine that is sold
by the | 10 | | winery shipper and shipped to persons in this
State, the winery | 11 | | shipper's license shall be revoked in
accordance with the | 12 | | provisions of Article VII of this Act. | 13 | | A winery shipper licensee must collect, maintain, and
| 14 | | submit to the Commission on a semi-annual basis the
total | 15 | | number of cases per resident of wine shipped to residents
of | 16 | | this State.
A winery shipper licensed under this subsection (r)
| 17 | | must comply with the requirements of Section 6-29 of this Act. | 18 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 19 | | Section 3-12, the State Commission may receive, respond to, and | 20 | | investigate any complaint and impose any of the remedies | 21 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 22 | | (s) A craft distiller tasting permit license shall allow an | 23 | | Illinois licensed craft distiller to transfer a portion of its | 24 | | alcoholic liquor inventory from its craft distiller licensed | 25 | | premises to the premises specified in the license hereby | 26 | | created and to conduct a sampling, only in the premises |
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| 1 | | specified in the license hereby created, of the transferred | 2 | | alcoholic liquor in accordance with subsection (c) of Section | 3 | | 6-31 of this Act. The transferred alcoholic liquor may not be | 4 | | sold or resold in any form. An applicant for the craft | 5 | | distiller tasting permit license must also submit with the | 6 | | application proof satisfactory to the State Commission that the | 7 | | applicant will provide dram shop liability insurance to the | 8 | | maximum limits and have local authority approval. | 9 | | (Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13; | 10 | | 98-756, eff. 7-16-14; 99-448, eff. 8-24-15; 99-642, eff. | 11 | | 7-28-16; 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, | 12 | | eff. 1-1-17; revised 9-15-16.)
| 13 | | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| 14 | | Sec. 6-4. (a) No person licensed by any licensing authority | 15 | | as a
distiller, or a wine manufacturer, or any subsidiary or | 16 | | affiliate
thereof, or any officer, associate, member, partner, | 17 | | representative,
employee, agent or shareholder owning more | 18 | | than 5% of the outstanding
shares of such person shall be | 19 | | issued an importing distributor's or
distributor's license, | 20 | | nor shall any person licensed by any licensing
authority as an | 21 | | importing distributor, distributor or retailer, or any
| 22 | | subsidiary or affiliate thereof, or any officer or associate, | 23 | | member,
partner, representative, employee, agent or | 24 | | shareholder owning more than
5% of the outstanding shares of | 25 | | such person be issued a distiller's
license, a craft |
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| 1 | | distiller's license, or a wine manufacturer's license; and no | 2 | | person or persons
licensed as a distiller or craft distiller by | 3 | | any licensing authority shall have any
interest, directly or | 4 | | indirectly, with such distributor or importing
distributor.
| 5 | | However, an importing distributor or distributor, which on | 6 | | January
1, 1985 is owned by a brewer, 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 the importing
distributor | 10 | | or distributor referred to in this paragraph, may own or
| 11 | | acquire an ownership interest of more than 5% of the | 12 | | outstanding shares of
a wine manufacturer and be issued a wine
| 13 | | manufacturer's license by any licensing authority.
| 14 | | (b) The foregoing provisions shall not apply to any person | 15 | | licensed
by any licensing authority as a distiller or wine | 16 | | manufacturer, or to
any subsidiary or affiliate of any | 17 | | distiller or wine manufacturer who
shall have been heretofore | 18 | | licensed by the State Commission as either an
importing | 19 | | distributor or distributor during the annual licensing period
| 20 | | expiring June 30, 1947, and shall actually have made sales | 21 | | regularly to
retailers.
| 22 | | (c) Provided, however, that in such instances where a | 23 | | distributor's
or importing distributor's license has been | 24 | | issued to any distiller or
wine manufacturer or to any | 25 | | subsidiary or affiliate of any distiller or
wine manufacturer | 26 | | who has, during the licensing period ending June 30,
1947, sold |
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| 1 | | or distributed as such licensed distributor or importing
| 2 | | distributor alcoholic liquors and wines to retailers, such | 3 | | distiller or
wine manufacturer or any subsidiary or affiliate | 4 | | of any distiller or
wine manufacturer holding such | 5 | | distributor's or importing distributor's
license may continue | 6 | | to sell or distribute to retailers such alcoholic
liquors and | 7 | | wines which are manufactured, distilled, processed or
marketed | 8 | | by distillers and wine manufacturers whose products it sold or
| 9 | | distributed to retailers during the whole or any part of its | 10 | | licensing
periods; and such additional brands and additional | 11 | | products may be added
to the line of such distributor or | 12 | | importing distributor, provided, that
such brands and such | 13 | | products were not sold or distributed by any
distributor or | 14 | | importing distributor licensed by the State Commission
during | 15 | | the licensing period ending June 30, 1947, but can not sell or
| 16 | | distribute to retailers any other alcoholic liquors or wines.
| 17 | | (d) It shall be unlawful for any distiller licensed | 18 | | anywhere to have
any stock ownership or interest in any | 19 | | distributor's or importing
distributor's license wherein any | 20 | | other person has an interest therein
who is not a distiller and | 21 | | does not own more than 5% of any stock in any
distillery. | 22 | | Nothing herein contained shall apply to such distillers or
| 23 | | their subsidiaries or affiliates, who had a distributor's or | 24 | | importing
distributor's license during the licensing period | 25 | | ending June 30, 1947,
which license was owned in whole by such | 26 | | distiller, or subsidiaries or
affiliates of such distiller.
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| 1 | | (e) Any person licensed as a brewer , class 1 brewer, or | 2 | | class 2 brewer shall be
permitted to sell on the licensed | 3 | | premises to non-licensees for on or off-premises consumption | 4 | | for the premises in which he
or she actually conducts such | 5 | | business beer manufactured by the brewer , class 1 brewer, or | 6 | | class 2 brewer. Any person licensed as a class 1 brewer shall | 7 | | be permitted to sell on the licensed premises to non-licensees | 8 | | for on or off-premises consumption for the premises in which he | 9 | | or she actually conducts such business beer, cider, or mead | 10 | | manufactured by the class 1 brewer. Such sales shall be limited | 11 | | to on-premises, in-person sales only, for lawful consumption on | 12 | | or off premises. Such authorization shall be considered a | 13 | | privilege granted by the brewer license and, other than a | 14 | | manufacturer of beer
as stated above, no manufacturer or | 15 | | distributor or importing
distributor, excluding airplane | 16 | | licensees exercising powers provided in
paragraph (i) of | 17 | | Section 5-1 of this Act, or any subsidiary or affiliate
| 18 | | thereof, or any officer,
associate, member, partner, | 19 | | representative, employee or agent, or
shareholder shall be | 20 | | issued a retailer's license, nor shall any person
having a | 21 | | retailer's license, excluding airplane licensees exercising | 22 | | powers
provided in paragraph (i) of Section 5-1 of this
Act, or | 23 | | any subsidiary or affiliate thereof, or
any officer, associate, | 24 | | member, partner, representative or agent, or
shareholder be | 25 | | issued a manufacturer's license or importing distributor's
| 26 | | license.
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| 1 | | A person who holds a class 1 or class 2 brewer license and | 2 | | is authorized by this Section to sell beer to non-licensees | 3 | | shall not sell beer to non-licensees from more than 3 total | 4 | | brewer or commonly owned brew pub licensed locations in this | 5 | | State. The class 1 or class 2 brewer shall designate to the | 6 | | State Commission the brewer or brew pub locations from which it | 7 | | will sell beer to non-licensees. | 8 | | A person who holds a class 1 brewer license and is | 9 | | authorized by this Section to sell beer, cider, or mead to | 10 | | non-licensees shall not sell beer, cider, or mead to | 11 | | non-licensees from more than 3 total brewer or commonly owned | 12 | | brew pub licensed locations in this State. The class 1 brewer | 13 | | shall designate to the State Commission the brewer or brew pub | 14 | | locations from which it will sell beer, cider, or mead to | 15 | | non-licensees. | 16 | | A person licensed as a craft distiller, including a person | 17 | | who holds more than one craft distiller license, not affiliated | 18 | | with any other person manufacturing spirits may be authorized | 19 | | by the Commission to sell up to 2,500 gallons of spirits | 20 | | produced by the person to non-licensees for on or off-premises | 21 | | consumption for the premises in which he or she actually | 22 | | conducts business permitting only the retail sale of spirits | 23 | | manufactured at such premises. Such sales shall be limited to | 24 | | on-premises, in-person sales only, for lawful consumption on or | 25 | | off premises, and such authorization shall be considered a | 26 | | privilege granted by the craft distiller license. A craft |
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| 1 | | distiller licensed for retail sale shall secure liquor | 2 | | liability insurance coverage in an amount at least equal to the | 3 | | maximum liability amounts set forth in subsection (a) of | 4 | | Section 6-21 of this Act. | 5 | | A craft distiller license holder shall not deliver any | 6 | | alcoholic liquor to any non-licensee off the licensed premises. | 7 | | A craft distiller shall affirm in its annual craft distiller's | 8 | | license application that it does not produce more than 100,000 | 9 | | gallons of distilled spirits annually and that the craft | 10 | | distiller does not sell more than 2,500 gallons of spirits to | 11 | | non-licensees for on or off-premises consumption. In the | 12 | | application, which shall be sworn under penalty of perjury, the | 13 | | craft distiller shall state the volume of production and sales | 14 | | for each year since the craft distiller's establishment. | 15 | | (f) (Blank).
| 16 | | (g) Notwithstanding any of the foregoing prohibitions, a | 17 | | limited wine
manufacturer may sell at retail at its | 18 | | manufacturing site for on or off
premises consumption and may | 19 | | sell to distributors. A limited wine manufacturer licensee
| 20 | | shall secure liquor liability insurance coverage in an amount
| 21 | | at least equal to the maximum liability amounts set forth in
| 22 | | subsection (a) of Section 6-21 of this Act.
| 23 | | (h) The changes made to this Section by Public Act 99-47 | 24 | | shall not diminish or impair the rights of any person, whether | 25 | | a distiller, wine manufacturer, agent, or affiliate thereof, | 26 | | who requested in writing and submitted documentation to the |
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| 1 | | State Commission on or before February 18, 2015 to be approved | 2 | | for a retail license pursuant to what has heretofore been | 3 | | subsection (f); provided that, on or before that date, the | 4 | | State Commission considered the intent of that person to apply | 5 | | for the retail license under that subsection and, by recorded | 6 | | vote, the State Commission approved a resolution indicating | 7 | | that such a license application could be lawfully approved upon | 8 | | that person duly filing a formal application for a retail | 9 | | license and if that person, within 90 days of the State | 10 | | Commission appearance and recorded vote, first filed an | 11 | | application with the appropriate local commission, which | 12 | | application was subsequently approved by the appropriate local | 13 | | commission prior to consideration by the State Commission of | 14 | | that person's application for a retail license. It is further | 15 | | provided that the State Commission may approve the person's | 16 | | application for a retail license or renewals of such license if | 17 | | such person continues to diligently adhere to all | 18 | | representations made in writing to the State Commission on or | 19 | | before February 18, 2015, or thereafter, or in the affidavit | 20 | | filed by that person with the State Commission to support the | 21 | | issuance of a retail license and to abide by all applicable | 22 | | laws and duly adopted rules. | 23 | | (Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15; | 24 | | 99-642, eff. 7-28-16; 99-902, eff. 8-26-16; revised 10-25-16.)
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