Full Text of SB0054 101st General Assembly
SB0054eng 101ST GENERAL ASSEMBLY |
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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 3-12, 5-1, and 5-3 and by adding Sections | 6 | | 6-18.5 and 6-29.5 as follows:
| 7 | | (235 ILCS 5/3-12)
| 8 | | Sec. 3-12. Powers and duties of State Commission.
| 9 | | (a) The State Commission shall have the following powers, | 10 | | functions, and
duties:
| 11 | | (1) To receive applications and to issue licenses to | 12 | | manufacturers,
foreign importers, importing distributors, | 13 | | distributors, non-resident dealers,
on premise consumption | 14 | | retailers, off premise sale retailers, special event
| 15 | | retailer licensees, third-party facilitators, special use | 16 | | permit licenses, auction liquor licenses, brew
pubs, | 17 | | caterer retailers, non-beverage users, railroads, | 18 | | including owners and
lessees of sleeping, dining and cafe | 19 | | cars, airplanes, boats, brokers, and wine
maker's premises | 20 | | licensees in accordance with the provisions of this Act, | 21 | | and
to suspend or revoke such licenses upon the State | 22 | | Commission's determination,
upon notice after hearing, | 23 | | that a licensee has violated any provision of this
Act or |
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| 1 | | any rule or regulation issued pursuant thereto and in | 2 | | effect for 30 days
prior to such violation. Except in the | 3 | | case of an action taken pursuant to a
violation of Section | 4 | | 6-3, 6-5, or 6-9, any action by the State Commission to
| 5 | | suspend or revoke a licensee's license may be limited to | 6 | | the license for the
specific premises where the violation | 7 | | occurred.
An action for a violation of this Act shall be | 8 | | commenced by the State Commission within 2 years after the | 9 | | date the State Commission becomes aware of the violation.
| 10 | | In lieu of suspending or revoking a license, the | 11 | | commission may impose
a fine, upon the State Commission's | 12 | | determination and notice after hearing,
that a licensee has | 13 | | 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. | 16 | | For the purpose of this paragraph (1), when determining | 17 | | multiple violations for the sale of alcohol to a person | 18 | | under the age of 21, a second or subsequent violation for | 19 | | the sale of alcohol to a person under the age of 21 shall | 20 | | only be considered if it was committed within 5 years after | 21 | | the date when a prior violation for the sale of alcohol to | 22 | | a person under the age of 21 was committed. | 23 | | The fine imposed under this paragraph may not exceed | 24 | | $500 for each
violation. Each day that the activity, which | 25 | | gave rise to the original fine,
continues is a separate | 26 | | violation. The maximum fine that may be levied against
any |
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| 1 | | licensee, for the period of the license, shall not exceed | 2 | | $20,000.
The maximum penalty that may be imposed on a | 3 | | licensee for selling a bottle of
alcoholic liquor with a | 4 | | foreign object in it or serving from a bottle of
alcoholic | 5 | | liquor with a foreign object in it shall be the destruction | 6 | | of that
bottle of alcoholic liquor for the first 10 bottles | 7 | | so sold or served from by
the licensee. For the eleventh | 8 | | bottle of alcoholic liquor and for each third
bottle | 9 | | thereafter sold or served from by the licensee with a | 10 | | foreign object in
it, the maximum penalty that may be | 11 | | imposed on the licensee is the destruction
of the bottle of | 12 | | alcoholic liquor and a fine of up to $50.
| 13 | | Any notice issued by the State Commission to a licensee | 14 | | for a violation of this Act or any notice with respect to | 15 | | settlement or offer in compromise shall include the field | 16 | | report, photographs, and any other supporting | 17 | | documentation necessary to reasonably inform the licensee | 18 | | of the nature and extent of the violation or the conduct | 19 | | alleged to have occurred. The failure to include such | 20 | | required documentation shall result in the dismissal of the | 21 | | action. | 22 | | (2) To adopt such rules and regulations consistent with | 23 | | the
provisions of this Act which shall be necessary to | 24 | | carry on its
functions and duties to the end that the | 25 | | health, safety and welfare of
the People of the State of | 26 | | Illinois shall be protected and temperance in
the |
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| 1 | | consumption of alcoholic liquors shall be fostered and | 2 | | promoted and
to distribute copies of such rules and | 3 | | regulations to all licensees
affected thereby.
| 4 | | (3) To call upon other administrative departments of | 5 | | the State,
county and municipal governments, county and | 6 | | city police departments and
upon prosecuting officers for | 7 | | such information and assistance as it
deems necessary in | 8 | | the performance of its duties.
| 9 | | (4) To recommend to local commissioners rules and | 10 | | regulations, not
inconsistent with the law, for the | 11 | | distribution and sale of alcoholic
liquors throughout the | 12 | | State.
| 13 | | (5) To inspect, or cause to be inspected, any
premises | 14 | | in this State
where alcoholic liquors are manufactured, | 15 | | distributed, warehoused, or
sold. Nothing in this Act
| 16 | | authorizes an agent of the Commission to inspect private
| 17 | | areas within the premises without reasonable suspicion or a | 18 | | warrant
during an inspection. "Private areas" include, but | 19 | | are not limited to, safes, personal property, and closed | 20 | | desks.
| 21 | | (5.1) Upon receipt of a complaint or upon having | 22 | | knowledge that any person
is engaged in business as a | 23 | | manufacturer, importing distributor, distributor,
or | 24 | | retailer without a license or valid license, to notify the | 25 | | local liquor
authority, file a complaint with the State's | 26 | | Attorney's Office of the county
where the incident |
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| 1 | | occurred, or initiate an investigation with the | 2 | | appropriate
law enforcement officials.
| 3 | | (5.2) To issue a cease and desist notice to persons | 4 | | shipping alcoholic
liquor
into this State from a point | 5 | | outside of this State if the shipment is in
violation of | 6 | | this Act.
| 7 | | (5.3) To receive complaints from licensees, local | 8 | | officials, law
enforcement agencies, organizations, and | 9 | | persons stating that any licensee has
been or is violating | 10 | | any provision of this Act or the rules and regulations
| 11 | | issued pursuant to this Act. Such complaints shall be in | 12 | | writing, signed and
sworn to by the person making the | 13 | | complaint, and shall state with specificity
the facts in | 14 | | relation to the alleged violation. If the Commission has
| 15 | | reasonable grounds to believe that the complaint | 16 | | substantially alleges a
violation of this Act or rules and | 17 | | regulations adopted pursuant to this Act, it
shall conduct | 18 | | an investigation. If, after conducting an investigation, | 19 | | the
Commission is satisfied that the alleged violation did | 20 | | occur, it shall proceed
with disciplinary action against | 21 | | the licensee as provided in this Act.
| 22 | | (6) To hear and determine appeals from orders of a | 23 | | local commission
in accordance with the provisions of this | 24 | | Act, as hereinafter set forth.
Hearings under this | 25 | | subsection shall be held in Springfield or Chicago,
at | 26 | | whichever location is the more convenient for the majority |
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| 1 | | of persons
who are parties to the hearing.
| 2 | | (7) The commission shall establish uniform systems of | 3 | | accounts to be
kept by all retail licensees having more | 4 | | than 4 employees, and for this
purpose the commission may | 5 | | classify all retail licensees having more
than 4 employees | 6 | | and establish a uniform system of accounts for each
class | 7 | | and prescribe the manner in which such accounts shall be | 8 | | kept.
The commission may also prescribe the forms of | 9 | | accounts to be kept by
all retail licensees having more | 10 | | than 4 employees, including but not
limited to accounts of | 11 | | earnings and expenses and any distribution,
payment, or | 12 | | other distribution of earnings or assets, and any other
| 13 | | forms, records and memoranda which in the judgment of the | 14 | | commission may
be necessary or appropriate to carry out any | 15 | | of the provisions of this
Act, including but not limited to | 16 | | such forms, records and memoranda as
will readily and | 17 | | accurately disclose at all times the beneficial
ownership | 18 | | of such retail licensed business. The accounts, forms,
| 19 | | records and memoranda shall be available at all reasonable | 20 | | times for
inspection by authorized representatives of the | 21 | | State Commission or by
any local liquor control | 22 | | commissioner or his or her authorized representative.
The | 23 | | commission, may, from time to time, alter, amend or repeal, | 24 | | in whole
or in part, any uniform system of accounts, or the | 25 | | form and manner of
keeping accounts.
| 26 | | (8) In the conduct of any hearing authorized to be held |
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| 1 | | by the
commission, to appoint, at the commission's | 2 | | discretion, hearing officers
to conduct hearings involving | 3 | | complex issues or issues that will require a
protracted | 4 | | period of time to resolve, to examine, or cause to be | 5 | | examined,
under oath, any licensee, and to examine or cause | 6 | | to be examined the books and
records
of such licensee; to | 7 | | hear testimony and take proof material for its
information | 8 | | in the discharge of its duties hereunder; to administer or
| 9 | | cause to be administered oaths; for any such purpose to | 10 | | issue
subpoena or subpoenas to require the attendance of | 11 | | witnesses and the
production of books, which shall be | 12 | | effective in any part of this State, and
to adopt rules to | 13 | | implement its powers under this paragraph (8).
| 14 | | Any circuit court may by order duly entered,
require | 15 | | the attendance of witnesses and the production of relevant | 16 | | books
subpoenaed by the State Commission and the court may | 17 | | compel
obedience to its order by proceedings for contempt.
| 18 | | (9) To investigate the administration of laws in | 19 | | relation to
alcoholic liquors in this and other states and | 20 | | any foreign countries,
and to recommend from time to time | 21 | | to the Governor and through him or
her to the legislature | 22 | | of this State, such amendments to this Act, if any, as
it | 23 | | may think desirable and as will serve to further the | 24 | | general broad
purposes contained in Section 1-2 hereof.
| 25 | | (10) To adopt such rules and regulations consistent | 26 | | with the
provisions of this Act which shall be necessary |
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| 1 | | for the control, sale or
disposition of alcoholic liquor | 2 | | damaged as a result of an accident, wreck,
flood, fire or | 3 | | other similar occurrence.
| 4 | | (11) To develop industry educational programs related | 5 | | to responsible
serving and selling, particularly in the | 6 | | areas of overserving consumers and
illegal underage | 7 | | purchasing and consumption of alcoholic beverages.
| 8 | | (11.1) To license persons providing education and | 9 | | training to alcohol
beverage sellers and servers for | 10 | | mandatory and non-mandatory training under the
Beverage | 11 | | Alcohol Sellers and Servers
Education and Training | 12 | | (BASSET) programs and to develop and administer a public
| 13 | | awareness program in Illinois to reduce or eliminate the | 14 | | illegal purchase and
consumption of alcoholic beverage | 15 | | products by persons under the age of 21.
Application for a | 16 | | license shall be made on forms provided by the State
| 17 | | Commission.
| 18 | | (12) To develop and maintain a repository of license | 19 | | and regulatory
information.
| 20 | | (13) (Blank).
| 21 | | (14) On or before April 30, 2008 and every 2 years
| 22 | | thereafter, the Commission shall present a written
report | 23 | | to the Governor and the General Assembly that shall
be | 24 | | based on a study of the impact of Public Act 95-634 on the | 25 | | business of soliciting,
selling, and shipping wine from | 26 | | inside and outside of this
State directly to residents of |
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| 1 | | this State. As part of its
report, the Commission shall | 2 | | provide all of the
following information: | 3 | | (A) The amount of State excise and sales tax
| 4 | | revenues generated. | 5 | | (B) The amount of licensing fees received. | 6 | | (C) The number of cases of wine shipped from inside
| 7 | | and outside of this State directly to residents of this
| 8 | | State. | 9 | | (D) The number of alcohol compliance operations
| 10 | | conducted. | 11 | | (E) The number of winery shipper's licenses
| 12 | | issued. | 13 | | (F) The number of each of the following: reported
| 14 | | violations; cease and desist notices issued by the
| 15 | | Commission; notices of violations issued by
the | 16 | | Commission and to the Department of Revenue;
and | 17 | | notices and complaints of violations to law
| 18 | | enforcement officials, including, without limitation,
| 19 | | the Illinois Attorney General and the U.S. Department
| 20 | | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | 21 | | (15) As a means to reduce the underage consumption of
| 22 | | alcoholic liquors, the Commission shall conduct
alcohol | 23 | | compliance operations to investigate whether
businesses | 24 | | that are soliciting, selling, and shipping wine
from inside | 25 | | or outside of this State directly to residents
of this | 26 | | State are licensed by this State or are selling or
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| 1 | | attempting to sell wine to persons under 21 years of age in
| 2 | | violation of this Act. | 3 | | (16) The Commission shall, in addition to
notifying any | 4 | | appropriate law enforcement agency, submit
notices of | 5 | | complaints or violations of Sections 6-29 and
6-29.1 by | 6 | | persons who do not hold a winery shipper's
license under | 7 | | this Act to the Illinois Attorney General and
to the U.S. | 8 | | Department of Treasury's Alcohol and Tobacco Tax and Trade | 9 | | Bureau. | 10 | | (17)(A) A person licensed to make wine under the laws | 11 | | of another state who has a winery shipper's license under | 12 | | this Act and annually produces less than 25,000 gallons of | 13 | | wine or a person who has a first-class or second-class wine | 14 | | manufacturer's license, a first-class or second-class | 15 | | wine-maker's license, or a limited wine manufacturer's | 16 | | license under this Act and annually produces less than | 17 | | 25,000 gallons of wine may make application to the | 18 | | Commission for a self-distribution exemption to allow the | 19 | | sale of not more than 5,000 gallons of the exemption | 20 | | holder's wine to retail licensees per year. | 21 | | (B) In the application, which shall be sworn under | 22 | | penalty of perjury, such person shall state (1) the date it | 23 | | was established; (2) its volume of production and sales for | 24 | | each year since its establishment; (3) its efforts to | 25 | | establish distributor relationships; (4) that a | 26 | | self-distribution exemption is necessary to facilitate the |
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| 1 | | marketing of its wine; and (5) that it will comply with the | 2 | | liquor and revenue laws of the United States, this State, | 3 | | and any other state where it is licensed. | 4 | | (C) The Commission shall approve the application for a | 5 | | self-distribution exemption if such person: (1) is in | 6 | | compliance with State revenue and liquor laws; (2) is not a | 7 | | member of any affiliated group that produces more than | 8 | | 25,000 gallons of wine per annum or produces any other | 9 | | alcoholic liquor; (3) will not annually produce for sale | 10 | | more than 25,000 gallons of wine; and (4) will not annually | 11 | | sell more than 5,000 gallons of its wine to retail | 12 | | licensees. | 13 | | (D) A self-distribution exemption holder shall | 14 | | annually certify to the Commission its production of wine | 15 | | in the previous 12 months and its anticipated production | 16 | | and sales for the next 12 months. The Commission may fine, | 17 | | suspend, or revoke a self-distribution exemption after a | 18 | | hearing if it finds that the exemption holder has made a | 19 | | material misrepresentation in its application, violated a | 20 | | revenue or liquor law of Illinois, exceeded production of | 21 | | 25,000 gallons of wine in any calendar year, or become part | 22 | | of an affiliated group producing more than 25,000 gallons | 23 | | of wine or any other alcoholic liquor. | 24 | | (E) Except in hearings for violations of this Act or | 25 | | Public Act 95-634 or a bona fide investigation by duly | 26 | | sworn law enforcement officials, the Commission, or its |
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| 1 | | agents, the Commission shall maintain the production and | 2 | | sales information of a self-distribution exemption holder | 3 | | as confidential and shall not release such information to | 4 | | any person. | 5 | | (F) The Commission shall issue regulations governing | 6 | | self-distribution exemptions consistent with this Section | 7 | | and this Act. | 8 | | (G) Nothing in this paragraph subsection (17) shall | 9 | | prohibit a self-distribution exemption holder from | 10 | | entering into or simultaneously having a distribution | 11 | | agreement with a licensed Illinois distributor. | 12 | | (H) It is the intent of this paragraph subsection (17) | 13 | | to promote and continue orderly markets. The General | 14 | | Assembly finds that in order to preserve Illinois' | 15 | | regulatory distribution system it is necessary to create an | 16 | | exception for smaller makers of wine as their wines are | 17 | | frequently adjusted in varietals, mixes, vintages, and | 18 | | taste to find and create market niches sometimes too small | 19 | | for distributor or importing distributor business | 20 | | strategies. Limited self-distribution rights will afford | 21 | | and allow smaller makers of wine access to the marketplace | 22 | | in order to develop a customer base without impairing the | 23 | | integrity of the 3-tier system.
| 24 | | (18)(A) A class 1 brewer licensee, who must also be | 25 | | either a licensed brewer or licensed non-resident dealer | 26 | | and annually manufacture less than 930,000 gallons of beer, |
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| 1 | | may make application to the State Commission for a | 2 | | self-distribution exemption to allow the sale of not more | 3 | | than 232,500 gallons of the exemption holder's beer per | 4 | | year to retail licensees and to brewers, class 1 brewers, | 5 | | and class 2 brewers that, pursuant to subsection (e) of | 6 | | Section 6-4 of this Act, sell beer, cider, or both beer and | 7 | | cider to non-licensees at their breweries. | 8 | | (B) In the application, which shall be sworn under | 9 | | penalty of perjury, the class 1 brewer licensee shall state | 10 | | (1) the date it was established; (2) its volume of beer | 11 | | manufactured and sold for each year since its | 12 | | establishment; (3) its efforts to establish distributor | 13 | | relationships; (4) that a self-distribution exemption is | 14 | | necessary to facilitate the marketing of its beer; and (5) | 15 | | that it will comply with the alcoholic beverage and revenue | 16 | | laws of the United States, this State, and any other state | 17 | | where it is licensed. | 18 | | (C) Any application submitted shall be posted on the | 19 | | State Commission's website at least 45 days prior to action | 20 | | by the State Commission. The State Commission shall approve | 21 | | the application for a self-distribution exemption if the | 22 | | class 1 brewer licensee: (1) is in compliance with the | 23 | | State, revenue, and alcoholic beverage laws; (2) is not a | 24 | | member of any affiliated group that manufactures more than | 25 | | 930,000 gallons of beer per annum or produces any other | 26 | | alcoholic beverages; (3) shall not annually manufacture |
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| 1 | | for sale more than 930,000 gallons of beer; (4) shall not | 2 | | annually sell more than 232,500 gallons of its beer to | 3 | | retail licensees or to brewers, class 1 brewers, and class | 4 | | 2 brewers that, pursuant to subsection (e) of Section 6-4 | 5 | | of this Act, sell beer, cider, or both beer and cider to | 6 | | non-licensees at their breweries; and (5) has relinquished | 7 | | any brew pub license held by the licensee, including any | 8 | | ownership interest it held in the licensed brew pub. | 9 | | (D) A self-distribution exemption holder shall | 10 | | annually certify to the State Commission its manufacture of | 11 | | beer during the previous 12 months and its anticipated | 12 | | manufacture and sales of beer for the next 12 months. The | 13 | | State Commission may fine, suspend, or revoke a | 14 | | self-distribution exemption after a hearing if it finds | 15 | | that the exemption holder has made a material | 16 | | misrepresentation in its application, violated a revenue | 17 | | or alcoholic beverage law of Illinois, exceeded the | 18 | | manufacture of 930,000 gallons of beer in any calendar year | 19 | | or became part of an affiliated group manufacturing more | 20 | | than 930,000 gallons of beer or any other alcoholic | 21 | | beverage. | 22 | | (E) The State Commission shall issue rules and | 23 | | regulations governing self-distribution exemptions | 24 | | consistent with this Act. | 25 | | (F) Nothing in this paragraph (18) shall prohibit a | 26 | | self-distribution exemption holder from entering into or |
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| 1 | | simultaneously having a distribution agreement with a | 2 | | licensed Illinois importing distributor or a distributor. | 3 | | If a self-distribution exemption holder enters into a | 4 | | distribution agreement and has assigned distribution | 5 | | rights to an importing distributor or distributor, then the | 6 | | self-distribution exemption holder's distribution rights | 7 | | in the assigned territories shall cease in a reasonable | 8 | | time not to exceed 60 days. | 9 | | (G) It is the intent of this paragraph (18) to promote | 10 | | and continue orderly markets. The General Assembly finds | 11 | | that in order to preserve Illinois' regulatory | 12 | | distribution system, it is necessary to create an exception | 13 | | for smaller manufacturers in order to afford and allow such | 14 | | smaller manufacturers of beer access to the marketplace in | 15 | | order to develop a customer base without impairing the | 16 | | integrity of the 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 Public | 20 | | Act 90-739 on the business of soliciting,
selling, and shipping
| 21 | | alcoholic liquor from outside of this State directly to | 22 | | 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 Public Act 90-739;
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| 1 | | (ii) the amount of licensing fees received as a result | 2 | | of Public Act 90-739;
| 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. 99-78, eff. 7-20-15; 99-448, eff. 8-24-15; | 9 | | 100-134, eff. 8-18-17; 100-201, eff. 8-18-17; 100-816, eff. | 10 | | 8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff. 8-23-18; | 11 | | revised 10-24-18.) | 12 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | 13 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control | 14 | | Commission
shall be of the following classes: | 15 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 16 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 17 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | 18 | | First Class Winemaker, Class 7. Second Class Winemaker, Class | 19 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | 20 | | 10. Class 1 Brewer, Class 11. Class 2 Brewer, | 21 | | (b) Distributor's license, | 22 | | (c) Importing Distributor's license, | 23 | | (d) Retailer's license, | 24 | | (e) Special Event Retailer's license (not-for-profit), | 25 | | (f) Railroad license, |
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| 1 | | (g) Boat license, | 2 | | (h) Non-Beverage User's license, | 3 | | (i) Wine-maker's premises license, | 4 | | (j) Airplane license, | 5 | | (k) Foreign importer's license, | 6 | | (l) Broker's license, | 7 | | (m) Non-resident dealer's
license, | 8 | | (n) Brew Pub license, | 9 | | (o) Auction liquor license, | 10 | | (p) Caterer retailer license, | 11 | | (q) Special use permit license, | 12 | | (r) Winery shipper's license, | 13 | | (s) Craft distiller tasting permit, | 14 | | (t) Brewer warehouse permit , . | 15 | | (u) Third-party facilitator license. | 16 | | No
person, firm, partnership, corporation, or other legal | 17 | | business entity that is
engaged in the manufacturing of wine | 18 | | may concurrently obtain and hold a
wine-maker's license and a | 19 | | wine manufacturer's license. | 20 | | (a) A manufacturer's license shall allow the manufacture,
| 21 | | importation in bulk, storage, distribution and sale of | 22 | | alcoholic liquor
to persons without the State, as may be | 23 | | permitted by law and to licensees
in this State as follows: | 24 | | Class 1. A Distiller may make sales and deliveries of | 25 | | alcoholic liquor to
distillers, rectifiers, importing | 26 | | distributors, distributors and
non-beverage users and to no |
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| 1 | | other licensees. | 2 | | Class 2. A Rectifier, who is not a distiller, as defined | 3 | | herein, may make
sales and deliveries of alcoholic liquor to | 4 | | rectifiers, importing distributors,
distributors, retailers | 5 | | and non-beverage users and to no other licensees. | 6 | | Class 3. A Brewer may make sales and deliveries of beer to | 7 | | importing
distributors and distributors and may make sales as | 8 | | authorized under subsection (e) of Section 6-4 of this Act. | 9 | | Class 4. A first class wine-manufacturer may make sales and | 10 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
| 11 | | importing
distributors and distributors, and to no other | 12 | | licensees. | 13 | | Class 5. A second class Wine manufacturer may make sales | 14 | | and deliveries
of more than 50,000 gallons of wine to | 15 | | manufacturers, importing distributors
and distributors and to | 16 | | no other licensees. | 17 | | Class 6. A first-class wine-maker's license shall allow the | 18 | | manufacture
of up to 50,000 gallons of wine per year, and the
| 19 | | storage
and sale of such
wine to distributors in the State and | 20 | | to persons without the
State, as may be permitted by law. A | 21 | | person who, prior to June 1, 2008 (the effective date of Public | 22 | | Act 95-634), is a holder of a first-class wine-maker's license | 23 | | and annually produces more than 25,000 gallons of its own wine | 24 | | and who distributes its wine to licensed retailers shall cease | 25 | | this practice on or before July 1, 2008 in compliance with | 26 | | Public Act 95-634. |
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| 1 | | Class 7. A second-class wine-maker's license shall allow | 2 | | the manufacture
of between 50,000 and 150,000 gallons of wine | 3 | | per year, and
the
storage and sale of such wine
to distributors | 4 | | in this State and to persons without the State, as may be
| 5 | | permitted by law. A person who, prior to June 1, 2008 (the | 6 | | effective date of Public Act 95-634), is a holder of a | 7 | | second-class wine-maker's license and annually produces more | 8 | | than 25,000 gallons of its own wine and who distributes its | 9 | | wine to licensed retailers shall cease this practice on or | 10 | | before July 1, 2008 in compliance with Public Act 95-634. | 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 100,000 gallons of spirits by distillation | 17 | | per year and the storage of such spirits. If a craft distiller | 18 | | licensee, including a craft distiller licensee who holds more | 19 | | than one craft distiller license, is not affiliated with any | 20 | | other manufacturer of spirits, then the craft distiller | 21 | | licensee may sell such spirits to distributors in this State | 22 | | and up to 2,500 gallons of such spirits to non-licensees to the | 23 | | extent permitted by any exemption approved by the Commission | 24 | | pursuant to Section 6-4 of this Act. A craft distiller license | 25 | | holder may store such spirits at a non-contiguous licensed | 26 | | location, but at no time shall a craft distiller license holder |
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| 1 | | directly or indirectly produce in the aggregate more than | 2 | | 100,000 gallons of spirits per year. | 3 | | A craft distiller licensee may hold more than one craft | 4 | | distiller's license. However, a craft distiller that holds more | 5 | | than one craft distiller license shall not manufacture, in the | 6 | | aggregate, more than 100,000 gallons of spirits by distillation | 7 | | per year and shall not sell, in the aggregate, more than 2,500 | 8 | | gallons of such spirits to non-licensees in accordance with an | 9 | | exemption approved by the State Commission pursuant to Section | 10 | | 6-4 of this Act. | 11 | | Any craft distiller licensed under this Act who on July 28, | 12 | | 2010 (the effective date of Public Act 96-1367) was licensed as | 13 | | a distiller and manufactured no more spirits than permitted by | 14 | | this Section shall not be required to pay the initial licensing | 15 | | fee. | 16 | | Class 10. A class 1 brewer license, which may only be | 17 | | issued to a licensed brewer or licensed non-resident dealer, | 18 | | shall allow the manufacture of up to 930,000 gallons of beer | 19 | | per year provided that the class 1 brewer licensee does not | 20 | | manufacture more than a combined 930,000 gallons of beer per | 21 | | year and is not a member of or affiliated with, directly or | 22 | | indirectly, a manufacturer that produces more than 930,000 | 23 | | gallons of beer per year or any other alcoholic liquor. A class | 24 | | 1 brewer licensee may make sales and deliveries to importing | 25 | | distributors and distributors and to retail licensees in | 26 | | accordance with the conditions set forth in paragraph (18) of |
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| 1 | | subsection (a) of Section 3-12 of this Act. If the State | 2 | | Commission provides prior approval, a class 1 brewer may | 3 | | annually transfer up to 930,000 gallons of beer manufactured by | 4 | | that class 1 brewer to the premises of a licensed class 1 | 5 | | brewer wholly owned and operated by the same licensee. | 6 | | Class 11. A class 2 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 3,720,000 gallons of beer | 9 | | per year provided that the class 2 brewer licensee does not | 10 | | manufacture more than a combined 3,720,000 gallons of beer per | 11 | | year and is not a member of or affiliated with, directly or | 12 | | indirectly, a manufacturer that produces more than 3,720,000 | 13 | | gallons of beer per year or any other alcoholic liquor. A class | 14 | | 2 brewer licensee may make sales and deliveries to importing | 15 | | distributors and distributors, but shall not make sales or | 16 | | deliveries to any other licensee. If the State Commission | 17 | | provides prior approval, a class 2 brewer licensee may annually | 18 | | transfer up to 3,720,000 gallons of beer manufactured by that | 19 | | class 2 brewer licensee to the premises of a licensed class 2 | 20 | | brewer wholly owned and operated by the same licensee. | 21 | | A class 2 brewer may transfer beer to a brew pub wholly | 22 | | owned and operated by the class 2 brewer subject to the | 23 | | following limitations and restrictions: (i) the transfer shall | 24 | | not annually exceed more than 31,000 gallons; (ii) the annual | 25 | | amount transferred shall reduce the brew pub's annual permitted | 26 | | production limit; (iii) all beer transferred shall be subject |
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| 1 | | to Article VIII of this Act; (iv) a written record shall be | 2 | | maintained by the brewer and brew pub specifying the amount, | 3 | | date of delivery, and receipt of the product by the brew pub; | 4 | | and (v) the brew pub shall be located no farther than 80 miles | 5 | | from the class 2 brewer's licensed location. | 6 | | A class 2 brewer shall, prior to transferring beer to a | 7 | | brew pub wholly owned by the class 2 brewer, furnish a written | 8 | | notice to the State Commission of intent to transfer beer | 9 | | setting forth the name and address of the brew pub and shall | 10 | | annually submit to the State Commission a verified report | 11 | | identifying the total gallons of beer transferred to the brew | 12 | | pub wholly owned by the class 2 brewer. | 13 | | (a-1) A manufacturer which is licensed in this State to | 14 | | make sales or
deliveries of alcoholic liquor to licensed | 15 | | distributors or importing distributors and which enlists | 16 | | agents, representatives, or
individuals acting on its behalf | 17 | | who contact licensed retailers on a regular
and continual basis | 18 | | in this State must register those agents, representatives,
or | 19 | | persons acting on its behalf with the State Commission. | 20 | | Registration of agents, representatives, or persons acting | 21 | | on behalf of a
manufacturer is fulfilled by submitting a form | 22 | | to the Commission. The form
shall be developed by the | 23 | | Commission and shall include the name and address of
the | 24 | | applicant, the name and address of the manufacturer he or she | 25 | | represents,
the territory or areas assigned to sell to or | 26 | | discuss pricing terms of
alcoholic liquor, and any other |
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| 1 | | questions deemed appropriate and necessary.
All statements in | 2 | | the forms required to be made by law or by rule shall be
deemed | 3 | | material, and any person who knowingly misstates any material | 4 | | fact under
oath in an application is guilty of a Class B | 5 | | misdemeanor. Fraud,
misrepresentation, false statements, | 6 | | misleading statements, evasions, or
suppression of material | 7 | | facts in the securing of a registration are grounds for
| 8 | | suspension or revocation of the registration. The State | 9 | | Commission shall post a list of registered agents on the | 10 | | Commission's website. | 11 | | (b) A distributor's license shall allow the wholesale | 12 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 13 | | liquors to licensees in this State and to persons without the | 14 | | State, as may be permitted by law, and the sale of beer, cider, | 15 | | or both beer and cider to brewers, class 1 brewers, and class 2 | 16 | | brewers that, pursuant to subsection (e) of Section 6-4 of this | 17 | | Act, sell beer, cider, or both beer and cider to non-licensees | 18 | | at their breweries. No person licensed as a distributor shall | 19 | | be granted a non-resident dealer's license. | 20 | | (c) An importing distributor's license may be issued to and | 21 | | held by
those only who are duly licensed distributors, upon the | 22 | | filing of an
application by a duly licensed distributor, with | 23 | | the Commission and
the Commission shall, without the
payment of | 24 | | any fee, immediately issue such importing distributor's
| 25 | | license to the applicant, which shall allow the importation of | 26 | | alcoholic
liquor by the licensee into this State from any point |
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| 1 | | in the United
States outside this State, and the purchase of | 2 | | alcoholic liquor in
barrels, casks or other bulk containers and | 3 | | the bottling of such
alcoholic liquors before resale thereof, | 4 | | but all bottles or containers
so filled shall be sealed, | 5 | | labeled, stamped and otherwise made to comply
with all | 6 | | provisions, rules and regulations governing manufacturers in
| 7 | | the preparation and bottling of alcoholic liquors. The | 8 | | importing
distributor's license shall permit such licensee to | 9 | | purchase alcoholic
liquor from Illinois licensed non-resident | 10 | | dealers and foreign importers only. No person licensed as an | 11 | | importing distributor shall be granted a non-resident dealer's | 12 | | license. | 13 | | (d) A retailer's license shall allow the licensee to sell | 14 | | and offer
for sale at retail, only in the premises specified in | 15 | | the license,
alcoholic liquor for use or consumption, but not | 16 | | for resale in any form. Nothing in Public Act 95-634 shall | 17 | | deny, limit, remove, or restrict the ability of a holder of a | 18 | | retailer's license to transfer, deliver, or ship alcoholic | 19 | | liquor to the purchaser for use or consumption subject to any | 20 | | applicable local law or ordinance. Any retail license issued to | 21 | | a manufacturer shall only
permit the manufacturer to sell beer | 22 | | at retail on the premises actually
occupied by the | 23 | | manufacturer. For the purpose of further describing the type of | 24 | | business conducted at a retail licensed premises, a retailer's | 25 | | licensee may be designated by the State Commission as (i) an on | 26 | | premise consumption retailer, (ii) an off premise sale |
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| 1 | | retailer, or (iii) a combined on premise consumption and off | 2 | | premise sale retailer.
| 3 | | Notwithstanding any other provision of this subsection | 4 | | (d), a retail
licensee may sell alcoholic liquors to a special | 5 | | event retailer licensee for
resale to the extent permitted | 6 | | under subsection (e). | 7 | | (e) A special event retailer's license (not-for-profit) | 8 | | shall permit the
licensee to purchase alcoholic liquors from an | 9 | | Illinois licensed distributor
(unless the licensee purchases | 10 | | less than $500 of alcoholic liquors for the
special event, in | 11 | | which case the licensee may purchase the alcoholic liquors
from | 12 | | a licensed retailer) and shall allow the licensee to sell and | 13 | | offer for
sale, at retail, alcoholic liquors for use or | 14 | | consumption, but not for resale
in any form and only at the | 15 | | location and on the specific dates designated for
the special | 16 | | event in the license. An applicant for a special event retailer
| 17 | | license must
(i) furnish with the application: (A) a resale | 18 | | number issued under Section
2c of the Retailers' Occupation Tax | 19 | | Act or evidence that the applicant is
registered under Section | 20 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 21 | | exemption identification
number issued under Section 1g of the | 22 | | Retailers' Occupation Tax Act, and a
certification to the | 23 | | Commission that the purchase of alcoholic liquors will be
a | 24 | | tax-exempt purchase, or (C) a statement that the applicant is | 25 | | not registered
under Section 2a of the Retailers' Occupation | 26 | | Tax Act, does not hold a resale
number under Section 2c of the |
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| 1 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 2 | | number under Section 1g of the Retailers' Occupation Tax
Act, | 3 | | in which event the Commission shall set forth on the special | 4 | | event
retailer's license a statement to that effect; (ii) | 5 | | submit with the application proof satisfactory to
the State | 6 | | Commission that the applicant will provide dram shop liability
| 7 | | insurance in the maximum limits; and (iii) show proof | 8 | | satisfactory to the
State Commission that the applicant has | 9 | | obtained local authority
approval. | 10 | | Nothing in this Act prohibits an Illinois licensed | 11 | | distributor from offering credit or a refund for unused, | 12 | | salable alcoholic liquors to a holder of a special event | 13 | | retailer's license or from the special event retailer's | 14 | | licensee from accepting the credit or refund of alcoholic | 15 | | liquors at the conclusion of the event specified in the | 16 | | license. | 17 | | (f) A railroad license shall permit the licensee to import | 18 | | alcoholic
liquors into this State from any point in the United | 19 | | States outside this
State and to store such alcoholic liquors | 20 | | in this State; to make wholesale
purchases of alcoholic liquors | 21 | | directly from manufacturers, foreign
importers, distributors | 22 | | and importing distributors from within or outside
this State; | 23 | | and to store such alcoholic liquors in this State; provided
| 24 | | that the above powers may be exercised only in connection with | 25 | | the
importation, purchase or storage of alcoholic liquors to be | 26 | | sold or
dispensed on a club, buffet, lounge or dining car |
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| 1 | | operated on an electric,
gas or steam railway in this State; | 2 | | and provided further, that railroad
licensees exercising the | 3 | | above powers shall be subject to all provisions of
Article VIII | 4 | | of this Act as applied to importing distributors. A railroad
| 5 | | license shall also permit the licensee to sell or dispense | 6 | | alcoholic
liquors on any club, buffet, lounge or dining car | 7 | | operated on an electric,
gas or steam railway regularly | 8 | | operated by a common carrier in this State,
but shall not | 9 | | permit the sale for resale of any alcoholic liquors to any
| 10 | | licensee within this State. A license shall be obtained for | 11 | | each car in which
such sales are made. | 12 | | (g) A boat license shall allow the sale of alcoholic liquor | 13 | | in
individual drinks, on any passenger boat regularly operated | 14 | | as a common
carrier on navigable waters in this State or on any | 15 | | riverboat operated
under
the Riverboat Gambling Act, which boat | 16 | | or riverboat maintains a public
dining room or restaurant | 17 | | thereon. | 18 | | (h) A non-beverage user's license shall allow the licensee | 19 | | to
purchase alcoholic liquor from a licensed manufacturer or | 20 | | importing
distributor, without the imposition of any tax upon | 21 | | the business of such
licensed manufacturer or importing | 22 | | distributor as to such alcoholic
liquor to be used by such | 23 | | licensee solely for the non-beverage purposes
set forth in | 24 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 25 | | shall be divided and classified and shall permit the
purchase, | 26 | | possession and use of limited and stated quantities of
|
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| 1 | | alcoholic liquor as follows: | 2 | | Class 1, not to exceed ......................... 500 gallons
| 3 | | Class 2, not to exceed ....................... 1,000 gallons
| 4 | | Class 3, not to exceed ....................... 5,000 gallons
| 5 | | Class 4, not to exceed ...................... 10,000 gallons
| 6 | | Class 5, not to exceed ....................... 50,000 gallons | 7 | | (i) A wine-maker's premises license shall allow a
licensee | 8 | | that concurrently holds a first-class wine-maker's license to | 9 | | sell
and offer for sale at retail in the premises specified in | 10 | | such license
not more than 50,000 gallons of the first-class | 11 | | wine-maker's wine that is
made at the first-class wine-maker's | 12 | | licensed premises per year for use or
consumption, but not for | 13 | | resale in any form. A wine-maker's premises
license shall allow | 14 | | a licensee who concurrently holds a second-class
wine-maker's | 15 | | license to sell and offer for sale at retail in the premises
| 16 | | specified in such license up to 100,000 gallons of the
| 17 | | second-class wine-maker's wine that is made at the second-class | 18 | | wine-maker's
licensed premises per year
for use or consumption | 19 | | but not for resale in any form. A wine-maker's premises license | 20 | | shall allow a
licensee that concurrently holds a first-class | 21 | | wine-maker's license or a second-class
wine-maker's license to | 22 | | sell
and offer for sale at retail at the premises specified in | 23 | | the wine-maker's premises license, for use or consumption but | 24 | | not for resale in any form, any beer, wine, and spirits | 25 | | purchased from a licensed distributor. Upon approval from the
| 26 | | State Commission, a wine-maker's premises license
shall allow |
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| 1 | | the licensee to sell and offer for sale at (i) the wine-maker's
| 2 | | licensed premises and (ii) at up to 2 additional locations for | 3 | | use and
consumption and not for resale. Each location shall | 4 | | require additional
licensing per location as specified in | 5 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
| 6 | | secure liquor liability insurance coverage in an amount at
| 7 | | least equal to the maximum liability amounts set forth in
| 8 | | subsection (a) of Section 6-21 of this Act.
| 9 | | (j) An airplane license shall permit the licensee to import
| 10 | | alcoholic liquors into this State from any point in the United | 11 | | States
outside this State and to store such alcoholic liquors | 12 | | in this State; to
make wholesale purchases of alcoholic liquors | 13 | | directly from
manufacturers, foreign importers, distributors | 14 | | and importing
distributors from within or outside this State; | 15 | | and to store such
alcoholic liquors in this State; provided | 16 | | that the above powers may be
exercised only in connection with | 17 | | the importation, purchase or storage
of alcoholic liquors to be | 18 | | sold or dispensed on an airplane; and
provided further, that | 19 | | airplane licensees exercising the above powers
shall be subject | 20 | | to all provisions of Article VIII of this Act as
applied to | 21 | | importing distributors. An airplane licensee shall also
permit | 22 | | the sale or dispensing of alcoholic liquors on any passenger
| 23 | | airplane regularly operated by a common carrier in this State, | 24 | | but shall
not permit the sale for resale of any alcoholic | 25 | | liquors to any licensee
within this State. A single airplane | 26 | | license shall be required of an
airline company if liquor |
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| 1 | | service is provided on board aircraft in this
State. The annual | 2 | | fee for such license shall be as determined in
Section 5-3. | 3 | | (k) A foreign importer's license shall permit such licensee | 4 | | to purchase
alcoholic liquor from Illinois licensed | 5 | | non-resident dealers only, and to
import alcoholic liquor other | 6 | | than in bulk from any point outside the
United States and to | 7 | | sell such alcoholic liquor to Illinois licensed
importing | 8 | | distributors and to no one else in Illinois;
provided that (i) | 9 | | the foreign importer registers with the State Commission
every
| 10 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 11 | | licensees during the
license period, (ii) the foreign importer | 12 | | complies with all of the provisions
of Section
6-9 of this Act | 13 | | with respect to registration of such Illinois licensees as may
| 14 | | be granted the
right to sell such brands at wholesale, and | 15 | | (iii) the foreign importer complies with the provisions of | 16 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 17 | | provisions apply to manufacturers. | 18 | | (l) (i) A broker's license shall be required of all persons
| 19 | | who solicit
orders for, offer to sell or offer to supply | 20 | | alcoholic liquor to
retailers in the State of Illinois, or who | 21 | | offer to retailers to ship or
cause to be shipped or to make | 22 | | contact with distillers, rectifiers,
brewers or manufacturers | 23 | | or any other party within or without the State
of Illinois in | 24 | | order that alcoholic liquors be shipped to a distributor,
| 25 | | importing distributor or foreign importer, whether such | 26 | | solicitation or
offer is consummated within or without the |
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| 1 | | State of Illinois. | 2 | | No holder of a retailer's license issued by the Illinois | 3 | | Liquor
Control Commission shall purchase or receive any | 4 | | alcoholic liquor, the
order for which was solicited or offered | 5 | | for sale to such retailer by a
broker unless the broker is the | 6 | | holder of a valid broker's license. | 7 | | The broker shall, upon the acceptance by a retailer of the | 8 | | broker's
solicitation of an order or offer to sell or supply or | 9 | | deliver or have
delivered alcoholic liquors, promptly forward | 10 | | to the Illinois Liquor
Control Commission a notification of | 11 | | said transaction in such form as
the Commission may by | 12 | | regulations prescribe. | 13 | | (ii) A broker's license shall be required of
a person | 14 | | within this State, other than a retail licensee,
who, for a fee | 15 | | or commission, promotes, solicits, or accepts orders for
| 16 | | alcoholic liquor, for use or consumption and not for
resale, to | 17 | | be shipped from this State and delivered to residents outside | 18 | | of
this State by an express company, common carrier, or | 19 | | contract carrier.
This Section does not apply to any person who | 20 | | promotes, solicits, or accepts
orders for wine as specifically | 21 | | authorized in Section 6-29 of this Act. | 22 | | A broker's license under this subsection (l)
shall not | 23 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 24 | | own account or to take or deliver title to
such alcoholic | 25 | | liquors. | 26 | | This subsection (l)
shall not apply to distributors, |
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| 1 | | employees of
distributors, or employees of a manufacturer who | 2 | | has registered the
trademark, brand or name of the alcoholic | 3 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 4 | | sells such alcoholic liquor
in the State of Illinois only to | 5 | | its registrants thereunder. | 6 | | Any agent, representative, or person subject to | 7 | | registration pursuant to
subsection (a-1) of this Section shall | 8 | | not be eligible to receive a broker's
license. | 9 | | (m) A non-resident dealer's license shall permit such | 10 | | licensee to ship
into and warehouse alcoholic liquor into this | 11 | | State from any point
outside of this State, and to sell such | 12 | | alcoholic liquor to Illinois licensed
foreign importers and | 13 | | importing distributors and to no one else in this State;
| 14 | | provided that (i) said non-resident dealer shall register with | 15 | | the Illinois Liquor
Control Commission each and every brand of | 16 | | alcoholic liquor which it proposes
to sell to Illinois | 17 | | licensees during the license period, (ii) it shall comply with | 18 | | all of the provisions of Section 6-9 hereof with
respect to | 19 | | registration of such Illinois licensees as may be granted the | 20 | | right
to sell such brands at wholesale by duly filing such | 21 | | registration statement, thereby authorizing the non-resident | 22 | | dealer to proceed to sell such brands at wholesale, and (iii) | 23 | | the non-resident dealer shall comply with the provisions of | 24 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 25 | | provisions apply to manufacturers. No person licensed as a | 26 | | non-resident dealer shall be granted a distributor's or |
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| 1 | | importing distributor's license. | 2 | | (n) A brew pub license shall allow the licensee to only (i) | 3 | | manufacture up to 155,000 gallons of beer per year only
on the | 4 | | premises specified in the license, (ii) make sales of the
beer | 5 | | manufactured on the premises or, with the approval of the | 6 | | Commission, beer manufactured on another brew pub licensed | 7 | | premises that is wholly owned and operated by the same licensee | 8 | | to importing distributors, distributors,
and to non-licensees | 9 | | for use and consumption, (iii) store the beer upon
the | 10 | | premises, (iv) sell and offer for sale at retail from the | 11 | | licensed
premises for off-premises
consumption no more than | 12 | | 155,000 gallons per year so long as such sales are only made | 13 | | in-person, (v) sell and offer for sale at retail for use and | 14 | | consumption on the premises specified in the license any form | 15 | | of alcoholic liquor purchased from a licensed distributor or | 16 | | importing distributor, and (vi) with the prior approval of the | 17 | | Commission, annually transfer no more than 155,000 gallons of | 18 | | beer manufactured on the premises to a licensed brew pub wholly | 19 | | owned and operated by the same licensee. | 20 | | A brew pub licensee shall not under any circumstance sell | 21 | | or offer for sale beer manufactured by the brew pub licensee to | 22 | | retail licensees. | 23 | | A person who holds a class 2 brewer license may | 24 | | simultaneously hold a brew pub license if the class 2 brewer | 25 | | (i) does not, under any circumstance, sell or offer for sale | 26 | | beer manufactured by the class 2 brewer to retail licensees; |
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| 1 | | (ii) does not hold more than 3 brew pub licenses in this State; | 2 | | (iii) does not manufacture more than a combined 3,720,000 | 3 | | gallons of beer per year, including the beer manufactured at | 4 | | the brew pub; and (iv) is not a member of or affiliated with, | 5 | | directly or indirectly, a manufacturer that produces more than | 6 | | 3,720,000 gallons of beer per year or any other alcoholic | 7 | | liquor. | 8 | | Notwithstanding any other provision of this Act, a licensed | 9 | | brewer, class 2 brewer, or non-resident dealer who before July | 10 | | 1, 2015 manufactured less than 3,720,000 gallons of beer per | 11 | | year and held a brew pub license on or before July 1, 2015 may | 12 | | (i) continue to qualify for and hold that brew pub license for | 13 | | the licensed premises and (ii) manufacture more than 3,720,000 | 14 | | gallons of beer per year and continue to qualify for and hold | 15 | | that brew pub license if that brewer, class 2 brewer, or | 16 | | non-resident dealer does not simultaneously hold a class 1 | 17 | | brewer license and is not a member of or affiliated with, | 18 | | directly or indirectly, a manufacturer that produces more than | 19 | | 3,720,000 gallons of beer per year or that produces any other | 20 | | alcoholic liquor. | 21 | | (o) A caterer retailer license shall allow the holder
to | 22 | | serve alcoholic liquors as an incidental part of a food service | 23 | | that serves
prepared meals which excludes the serving of snacks | 24 | | as
the primary meal, either on or off-site whether licensed or | 25 | | unlicensed. | 26 | | (p) An auction liquor license shall allow the licensee to |
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| 1 | | sell and offer
for sale at auction wine and spirits for use or | 2 | | consumption, or for resale by
an Illinois liquor licensee in | 3 | | accordance with provisions of this Act. An
auction liquor | 4 | | license will be issued to a person and it will permit the
| 5 | | auction liquor licensee to hold the auction anywhere in the | 6 | | State. An auction
liquor license must be obtained for each | 7 | | auction at least 14 days in advance of
the auction date. | 8 | | (q) A special use permit license shall allow an Illinois | 9 | | licensed
retailer to transfer a portion of its alcoholic liquor | 10 | | inventory from its
retail licensed premises to the premises | 11 | | specified in the license hereby
created, and to sell or offer | 12 | | for sale at retail, only in the premises
specified in the | 13 | | license hereby created, the transferred alcoholic liquor for
| 14 | | use or consumption, but not for resale in any form. A special | 15 | | use permit
license may be granted for the following time | 16 | | periods: one day or less; 2 or
more days to a maximum of 15 days | 17 | | per location in any 12-month period. An
applicant for the | 18 | | special use permit license must also submit with the
| 19 | | application proof satisfactory to the State Commission that the | 20 | | applicant will
provide dram shop liability insurance to the | 21 | | maximum limits and have local
authority approval. | 22 | | (r) A winery shipper's license shall allow a person
with a | 23 | | first-class or second-class wine manufacturer's
license, a | 24 | | first-class or second-class wine-maker's license,
or a limited | 25 | | wine manufacturer's license or who is licensed to
make wine | 26 | | under the laws of another state to ship wine
made by that |
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| 1 | | licensee directly to a resident of this
State who is 21 years | 2 | | of age or older for that resident's
personal use and not for | 3 | | resale. Prior to receiving a
winery shipper's license, an | 4 | | applicant for the license must
provide the Commission with a | 5 | | true copy of its current
license in any state in which it is | 6 | | licensed as a manufacturer
of wine. An applicant for a winery | 7 | | shipper's license must
also complete an application form that | 8 | | provides any other
information the Commission deems necessary. | 9 | | The application form shall include all addresses from which the | 10 | | applicant for a winery shipper's license intends to ship wine, | 11 | | including the name and address of any third party, except for a | 12 | | common carrier, authorized to ship wine on behalf of the | 13 | | manufacturer. The
application form shall include an | 14 | | acknowledgement consenting
to the jurisdiction of the | 15 | | Commission, the Illinois
Department of Revenue, and the courts | 16 | | of this State concerning
the enforcement of this Act and any | 17 | | related laws, rules, and
regulations, including authorizing | 18 | | the Department of Revenue
and the Commission to conduct audits | 19 | | for the purpose of
ensuring compliance with Public Act 95-634, | 20 | | and an acknowledgement that the wine manufacturer is in | 21 | | compliance with Section 6-2 of this Act. Any third party, | 22 | | except for a common carrier, authorized to ship wine on behalf | 23 | | of a first-class or second-class wine manufacturer's licensee, | 24 | | a first-class or second-class wine-maker's licensee, a limited | 25 | | wine manufacturer's licensee, or a person who is licensed to | 26 | | make wine under the laws of another state shall also be |
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| 1 | | disclosed by the winery shipper's licensee, and a copy of the | 2 | | written appointment of the third-party wine provider, except | 3 | | for a common carrier, to the wine manufacturer shall be filed | 4 | | with the State Commission as a supplement to the winery | 5 | | shipper's license application or any renewal thereof. The | 6 | | winery shipper's license holder shall affirm under penalty of | 7 | | perjury, as part of the winery shipper's license application or | 8 | | renewal, that he or she only ships wine, either directly or | 9 | | indirectly through a third-party provider, from the licensee's | 10 | | own production. | 11 | | Except for a common carrier, a third-party provider | 12 | | shipping wine on behalf of a winery shipper's license holder is | 13 | | the agent of the winery shipper's license holder and, as such, | 14 | | a winery shipper's license holder is responsible for the acts | 15 | | and omissions of the third-party provider acting on behalf of | 16 | | the license holder. A third-party provider, except for a common | 17 | | carrier, that engages in shipping wine into Illinois on behalf | 18 | | of a winery shipper's license holder shall consent to the | 19 | | jurisdiction of the State Commission and the State. Any | 20 | | third-party, except for a common carrier, holding such an | 21 | | appointment shall, by February 1 of each calendar year and upon | 22 | | request by the State Commission or the Department of Revenue, | 23 | | file with the State Commission a statement detailing each | 24 | | shipment made to an Illinois resident. The statement shall | 25 | | include the name and address of the third-party provider filing | 26 | | the statement, the time period covered by the statement, and |
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| 1 | | the following information: | 2 | | (1) the name, address, and license number of the winery | 3 | | shipper on whose behalf the shipment was made; | 4 | | (2) the quantity of the products delivered; and | 5 | | (3) the date and address of the shipment. | 6 | | If the Department of Revenue or the State Commission requests a | 7 | | statement under this paragraph, the third-party provider must | 8 | | provide that statement no later than 30 days after the request | 9 | | is made. Any books, records, supporting papers, and documents | 10 | | containing information and data relating to a statement under | 11 | | this paragraph shall be kept and preserved for a period of 3 | 12 | | years, unless their destruction sooner is authorized, in | 13 | | writing, by the Director of Revenue, and shall be open and | 14 | | available to inspection by the Director of Revenue or the State | 15 | | Commission or any duly authorized officer, agent, or employee | 16 | | of the State Commission or the Department of Revenue, at all | 17 | | times during business hours of the day. Any person who violates | 18 | | any provision of this paragraph or any rule of the State | 19 | | Commission for the administration and enforcement of the | 20 | | provisions of this paragraph is guilty of a Class C | 21 | | misdemeanor. In case of a continuing violation, each day's | 22 | | continuance thereof shall be a separate and distinct offense. | 23 | | The State Commission shall adopt rules as soon as | 24 | | practicable to implement the requirements of Public Act 99-904 | 25 | | and shall adopt rules prohibiting any such third-party | 26 | | appointment of a third-party provider, except for a common |
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| 1 | | carrier, that has been deemed by the State Commission to have | 2 | | violated the provisions of this Act with regard to any winery | 3 | | shipper licensee. | 4 | | A winery shipper licensee must pay to the Department
of | 5 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 6 | | all wine that is sold by the licensee and shipped to a person
| 7 | | in this State. For the purposes of Section 8-1, a winery
| 8 | | shipper licensee shall be taxed in the same manner as a
| 9 | | manufacturer of wine. A licensee who is not otherwise required | 10 | | to register under the Retailers' Occupation Tax Act must
| 11 | | register under the Use Tax Act to collect and remit use tax to
| 12 | | the Department of Revenue for all gallons of wine that are sold
| 13 | | by the licensee and shipped to persons in this State. If a
| 14 | | licensee fails to remit the tax imposed under this Act in
| 15 | | accordance with the provisions of Article VIII of this Act, the
| 16 | | winery shipper's license shall be revoked in accordance
with | 17 | | the provisions of Article VII of this Act. If a licensee
fails | 18 | | to properly register and remit tax under the Use Tax Act
or the | 19 | | Retailers' Occupation Tax Act for all wine that is sold
by the | 20 | | winery shipper and shipped to persons in this
State, the winery | 21 | | shipper's license shall be revoked in
accordance with the | 22 | | provisions of Article VII of this Act. | 23 | | A winery shipper licensee must collect, maintain, and
| 24 | | submit to the Commission on a semi-annual basis the
total | 25 | | number of cases per resident of wine shipped to residents
of | 26 | | this State.
A winery shipper licensed under this subsection (r)
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| 1 | | must comply with the requirements of Section 6-29 of this Act. | 2 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 3 | | Section 3-12, the State Commission may receive, respond to, and | 4 | | investigate any complaint and impose any of the remedies | 5 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 6 | | As used in this subsection, "third-party provider" means | 7 | | any entity that provides fulfillment house services, including | 8 | | warehousing, packaging, distribution, order processing, or | 9 | | shipment of wine, but not the sale of wine, on behalf of a | 10 | | licensed winery shipper. | 11 | | (s) A craft distiller tasting permit license shall allow an | 12 | | Illinois licensed craft distiller to transfer a portion of its | 13 | | alcoholic liquor inventory from its craft distiller licensed | 14 | | premises to the premises specified in the license hereby | 15 | | created and to conduct a sampling, only in the premises | 16 | | specified in the license hereby created, of the transferred | 17 | | alcoholic liquor in accordance with subsection (c) of Section | 18 | | 6-31 of this Act. The transferred alcoholic liquor may not be | 19 | | sold or resold in any form. An applicant for the craft | 20 | | distiller tasting permit license must also submit with the | 21 | | application proof satisfactory to the State Commission that the | 22 | | applicant will provide dram shop liability insurance to the | 23 | | maximum limits and have local authority approval. | 24 | | (t) A brewer warehouse permit may be issued to the holder | 25 | | of a class 1 brewer license or a class 2 brewer license. If the | 26 | | holder of the permit is a class 1 brewer licensee, the brewer |
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| 1 | | warehouse permit shall allow the holder to store or warehouse | 2 | | up to 930,000 gallons of tax-determined beer manufactured by | 3 | | the holder of the permit at the premises specified on the | 4 | | permit. If the holder of the permit is a class 2 brewer | 5 | | licensee, the brewer warehouse permit shall allow the holder to | 6 | | store or warehouse up to 3,720,000 gallons of tax-determined | 7 | | beer manufactured by the holder of the permit at the premises | 8 | | specified on the permit. Sales to non-licensees are prohibited | 9 | | at the premises specified in the brewer warehouse permit. | 10 | | (u) A third-party facilitator license shall allow the | 11 | | holder to deliver alcoholic liquors on behalf of a retailer to | 12 | | the home or other designated location of a consumer in this | 13 | | State in compliance with Section 6-29.5. | 14 | | A third-party facilitator licensee shall submit quarterly | 15 | | reports to the State Commission. The quarterly report must | 16 | | include the following information about each delivery to a | 17 | | consumer in this State during the preceding calendar quarter: | 18 | | (1) the name and business address of the person who | 19 | | ships the alcoholic liquors; | 20 | | (2) the name and address of the recipient of the | 21 | | alcoholic liquors; | 22 | | (3) the weight of the alcoholic liquors delivered to | 23 | | the consignee; and | 24 | | (4) the date of the delivery. | 25 | | A third-party facilitator licensee shall maintain the books, | 26 | | records, and documents supporting the quarterly report for 3 |
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| 1 | | years following submission of the quarterly report, unless the | 2 | | State Commission notifies the third-party facilitator licensee | 3 | | that the books, records, and documents may be destroyed. Within | 4 | | 30 days after the State Commission's request, the third-party | 5 | | facilitator licensee shall make the books, records, and | 6 | | documents available for inspection during normal business | 7 | | hours. Within 30 days after a local law enforcement agency's or | 8 | | unit of local government's request, the third-party | 9 | | facilitator licensee shall make the books, records, and | 10 | | documents available for inspection to a local law enforcement | 11 | | agency or unit of local government where the third-party | 12 | | facilitator licensee resides or does business. | 13 | | (Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16; | 14 | | 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff. | 15 | | 1-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17; 100-816, | 16 | | eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff. 8-23-18; | 17 | | revised 10-2-18.) | 18 | | (235 ILCS 5/5-3) (from Ch. 43, par. 118) | 19 | | Sec. 5-3. License fees. Except as otherwise provided | 20 | | herein, at the time
application is made to the State Commission | 21 | | for a license of any class, the
applicant shall pay to the | 22 | | State Commission the fee hereinafter provided for
the kind of | 23 | | license applied for. | 24 | | The fee for licenses issued by the State Commission shall | 25 | | be as follows: | |
| | | SB0054 Engrossed | - 43 - | LRB101 04781 RPS 49790 b |
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| 1 | | | Online | Initial | |
2 | | | renewal | license | |
3 | | | | or | |
4 | | | | non-online | |
5 | | | | renewal |
| |
6 | | For a manufacturer's license: | | | |
7 | | Class 1. Distiller ................. | $4,000 | $5,000 | |
8 | | Class 2. Rectifier ................. | 4,000 | 5,000 | |
9 | | Class 3. Brewer .................... | 1,200 | 1,500 | |
10 | | Class 4. First-class Wine | | | |
11 | | Manufacturer ................... | 750 | 900 | |
12 | | Class 5. Second-class | | | |
13 | | Wine Manufacturer .............. | 1,500 | 1,750 | |
14 | | Class 6. First-class wine-maker .... | 750 | 900 | |
15 | | Class 7. Second-class wine-maker ... | 1,500 | 1,750 | |
16 | | Class 8. Limited Wine | | | |
17 | | Manufacturer .................... | 250 | 350 | |
18 | | Class 9. Craft Distiller ............ | 2,000 | 2,500 | |
19 | | Class 10. Class 1 Brewer ............ | 50 | 75 | |
20 | | Class 11. Class 2 Brewer ............ | 75 | 100 | |
21 | | For a Brew Pub License .............. | 1,200 | 1,500 | |
22 | | For a caterer retailer's license .... | 350 | 500 | |
23 | | For a foreign importer's license ... | 25 | 25 | |
24 | | For an importing distributor's | | | |
25 | | license ......................... | 25 | 25 | |
26 | | For a distributor's license | | | |
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| 1 | | (11,250,000 gallons | | | |
2 | | or over) ........................ | 1,450 | 2,200 | |
3 | | For a distributor's license | | | |
4 | | (over 4,500,000 gallons, but | | | |
5 | | under 11,250,000 gallons) ....... | 950 | 1,450 | |
6 | | For a distributor's license | | | |
7 | | (4,500,000 gallons or under) .... | 300 | 450 | |
8 | | For a non-resident dealer's license | | | |
9 | | (500,000 gallons or over) ...... | 1,200 | 1,500 | |
10 | | For a non-resident dealer's license | | | |
11 | | (under 500,000 gallons) ........ | 250 | 350 | |
12 | | For a wine-maker's premises | | | |
13 | | license ........................ | 250 | 500 | |
14 | | For a winery shipper's license | | | |
15 | | (under 250,000 gallons) ......... | 200 | 350 | |
16 | | For a winery shipper's license
| | | |
17 | | (250,000 or over, but | | | |
18 | | under 500,000 gallons) .......... | 750 | 1,000 | |
19 | | For a winery shipper's license
| | | |
20 | | (500,000 gallons or over) ....... | 1,200 | 1,500 | |
21 | | For a wine-maker's premises license, | | | |
22 | | second location ................ | 500 | 1,000 | |
23 | | For a wine-maker's premises license, | | | |
24 | | third location ................. | 500 | 1,000 | |
25 | | For a retailer's license ........... | 600 | 750 | |
26 | | For a third-party facilitator | | | |
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| 1 | | license ........................ | 1,000 | 1,100 | |
2 | | For a special event retailer's | | | |
3 | | license, (not-for-profit) ...... | 25 | 25 | |
4 | | For a special use permit license, | | | |
5 | | one day only ................... | 100 | 150 | |
6 | | 2 days or more ................. | 150 | 250 | |
7 | | For a railroad license ............. | 100 | 150 | |
8 | | For a boat license ................. | 500 | 1,000 | |
9 | | For an airplane license, times the | | | |
10 | | licensee's maximum number of | | | |
11 | | aircraft in flight, serving | | | |
12 | | liquor over the State at any | | | |
13 | | given time, which either | | | |
14 | | originate, terminate, or make | | | |
15 | | an intermediate stop in | | | |
16 | | the State ....................... | 100 | 150 | |
17 | | For a non-beverage user's license: | | | |
18 | | Class 1 ........................ | 24 | 24 | |
19 | | Class 2 ........................ | 60 | 60 | |
20 | | Class 3 ........................ | 120 | 120 | |
21 | | Class 4 ........................ | 240 | 240 | |
22 | | Class 5 ........................ | 600 | 600 | |
23 | | For a broker's license ............. | 750 | 1,000 | |
24 | | For an auction liquor license ...... | 100 | 150 | |
25 | | For a homebrewer special | | | |
26 | | event permit .................... | 25 | 25 | |
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| 1 | | For a craft distiller | | | |
2 | | tasting permit .................. | 25 | 25 | |
3 | | For a BASSET trainer license ........ | 300 | 350 | |
4 | | For a tasting representative | | | |
5 | | license ......................... | 200 | 300 | |
6 | | For a brewer warehouse permit ....... | 25 | 25 |
| 7 | | Fees collected under this Section shall be paid into the
| 8 | | Dram Shop Fund. On and after July 1, 2003 and until June 30, | 9 | | 2016, of the funds received for a
retailer's license, in
| 10 | | addition to the
first $175, an additional $75 shall be paid | 11 | | into the Dram Shop Fund, and $250
shall be
paid into the | 12 | | General Revenue Fund. On and after June 30, 2016, one-half of | 13 | | the funds received for a retailer's license shall be paid into | 14 | | the Dram Shop Fund and one-half of the funds received for a | 15 | | retailer's license shall be paid into the General Revenue Fund. | 16 | | Beginning June 30, 1990 and on June 30
of each
subsequent year | 17 | | through June 29, 2003, any balance over $5,000,000
remaining in | 18 | | the Dram Shop Fund
shall be credited to State liquor licensees | 19 | | and applied against their fees for
State liquor licenses for | 20 | | the following year. The amount credited to each
licensee shall | 21 | | be a proportion of the balance in the Dram Fund that is the
| 22 | | same as the proportion of the license fee paid by the licensee | 23 | | under
this Section for the period in which the balance was | 24 | | accumulated to the
aggregate fees paid by all licensees during | 25 | | that period. | 26 | | No fee shall be paid for licenses issued by the State |
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| 1 | | Commission to
the following non-beverage users: | 2 | | (a) Hospitals, sanitariums, or clinics when their use | 3 | | of alcoholic
liquor is exclusively medicinal, mechanical | 4 | | or scientific. | 5 | | (b) Universities, colleges of learning or schools when | 6 | | their use of
alcoholic liquor is exclusively medicinal, | 7 | | mechanical or scientific. | 8 | | (c) Laboratories when their use is exclusively for the | 9 | | purpose of
scientific research. | 10 | | (Source: P.A. 99-448, eff. 8-24-15; 99-902, eff. 8-26-16; | 11 | | 99-904, eff. 8-26-16; 100-201, eff. 8-18-17; 100-816, eff. | 12 | | 8-13-18.) | 13 | | (235 ILCS 5/6-18.5 new) | 14 | | Sec. 6-18.5. Third-party facilitator; home rule | 15 | | preemption. The regulation and licensing of third-party | 16 | | facilitators are exclusive powers and functions of the State. A | 17 | | home rule unit may not regulate or license third-party | 18 | | facilitators. This subsection is a denial and limitation of | 19 | | home rule powers and functions under subsection (h) of Section | 20 | | 6 of Article VII of the Illinois Constitution. | 21 | | (235 ILCS 5/6-29.5 new) | 22 | | Sec. 6-29.5. Delivery of alcoholic liquors to a home by a | 23 | | retailer or third-party facilitator. | 24 | | (a) As used in this Section, "mobile application" means a |
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| 1 | | specialized software program downloaded onto a wireless | 2 | | communication device. | 3 | | (b) A retailer may deliver alcoholic liquors to the home or | 4 | | other designated location of a consumer in this State if all of | 5 | | the following conditions are met: | 6 | | (1) The alcoholic liquors are delivered by the | 7 | | retailer's employee. | 8 | | (2) The retailer or its employee who delivers the | 9 | | alcoholic liquors verifies that the individual accepting | 10 | | delivery is at least 21 years of age. | 11 | | (3) If the retailer or its employee intends to serve | 12 | | the alcoholic liquors to the consumer, the retailer or its | 13 | | employee providing the service has completed the | 14 | | responsible alcohol service server training under Section | 15 | | 6-27.1. | 16 | | (c) A retailer may use the services of a third-party | 17 | | facilitator licensee by means of the Internet or mobile | 18 | | application to facilitate the sale of alcoholic liquors to be | 19 | | delivered to the home or designated location of a consumer, and | 20 | | a third-party facilitator licensee may deliver alcoholic | 21 | | liquors to a consumer on behalf of a retailer located in this | 22 | | State, if all of the following conditions are met: | 23 | | (1) If the third-party facilitator licensee delivers | 24 | | alcoholic liquors under this subsection, the third-party | 25 | | facilitator licensee verifies that the individual | 26 | | accepting the delivery of the alcoholic liquors is at least |
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| 1 | | 21 years of age. | 2 | | (2) A manufacturer, distributor, or importing | 3 | | distributor does not have a direct or indirect interest in | 4 | | the third-party facilitator licensee and does not aid or | 5 | | assist a third-party facilitator licensee by gift, loan of | 6 | | money, property of any description, or other valuable | 7 | | thing, and the third-party facilitator licensee does not | 8 | | accept the same. | 9 | | (3) The retailer or consumer pays the fees associated | 10 | | with deliveries provided for under this subsection. | 11 | | (4) The third-party facilitator licensee offers | 12 | | services for all brands available at the retail location. | 13 | | The State Commission may not treat a violation of this | 14 | | subsection as a violation by the retailer.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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