Full Text of SB3136 96th General Assembly
SB3136eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning liquor.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 10. The Liquor Control Act of 1934 is amended by | 5 |
| changing Sections 3-12 and 5-3 as follows:
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| (235 ILCS 5/3-12)
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| Sec. 3-12. Powers and duties of State Commission.
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| (a) The State Commission commission shall have the | 9 |
| following powers, functions , and
duties:
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| (1) To receive applications and to issue licenses to | 11 |
| manufacturers,
foreign importers, importing distributors, | 12 |
| distributors, non-resident dealers,
on premise consumption | 13 |
| retailers, off premise sale retailers, special event
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| retailer licensees, special use permit licenses, auction | 15 |
| liquor licenses, brew
pubs, caterer retailers, | 16 |
| non-beverage users, railroads, including owners and
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| lessees of sleeping, dining and cafe cars, airplanes, | 18 |
| boats, brokers, and wine
maker's premises licensees in | 19 |
| accordance with the provisions of this Act, and
to suspend | 20 |
| or revoke such licenses upon the State Commission's | 21 |
| commission's determination,
upon notice after hearing, | 22 |
| that a licensee has violated any provision of this
Act or | 23 |
| any rule or regulation issued pursuant thereto and in |
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| effect for 30 days
prior to such violation. Except in the | 2 |
| case of an action taken pursuant to a
violation of Section | 3 |
| 6-3, 6-5, or 6-9, any action by the State Commission to
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| suspend or revoke a licensee's license may be limited to | 5 |
| the license for the
specific premises where the violation | 6 |
| occurred.
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| In lieu of suspending or revoking a license, the State | 8 |
| Commission commission may impose
a fine, upon the State | 9 |
| Commission's commission's determination and notice after | 10 |
| hearing,
that a licensee has violated any provision of this | 11 |
| Act or any rule or
regulation issued pursuant thereto and | 12 |
| in effect for 30 days prior to such
violation. The fine | 13 |
| imposed under this paragraph may not exceed $500 for each
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| violation. Each day that the activity, which gave rise to | 15 |
| the original fine,
continues is a separate violation. The | 16 |
| maximum fine that may be levied against
any licensee, for | 17 |
| the period of the license, shall not exceed $20,000.
The | 18 |
| maximum penalty that may be imposed on a licensee for | 19 |
| selling a bottle of
alcoholic liquor with a foreign object | 20 |
| in it or serving from a bottle of
alcoholic liquor with a | 21 |
| foreign object in it shall be the destruction of that
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| bottle of alcoholic liquor for the first 10 bottles so sold | 23 |
| or served from by
the licensee. For the eleventh bottle of | 24 |
| alcoholic liquor and for each third
bottle thereafter sold | 25 |
| or served from by the licensee with a foreign object in
it, | 26 |
| the maximum penalty that may be imposed on the licensee is |
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| the destruction
of the bottle of alcoholic liquor and a | 2 |
| fine of up to $50.
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| (2) To adopt such rules and regulations consistent with | 4 |
| the
provisions of this Act which shall be necessary to | 5 |
| carry on its
functions and duties to the end that the | 6 |
| health, safety and welfare of
the People of the State of | 7 |
| Illinois shall be protected and temperance in
the | 8 |
| consumption of alcoholic liquors shall be fostered and | 9 |
| promoted and
to distribute copies of such rules and | 10 |
| regulations to all licensees
affected thereby.
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| (3) To call upon other administrative departments of | 12 |
| the State,
county and municipal governments, county and | 13 |
| city police departments and
upon prosecuting officers for | 14 |
| such information and assistance as it
deems necessary in | 15 |
| the performance of its duties.
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| (4) To recommend to local commissioners rules and | 17 |
| regulations, not
inconsistent with the law, for the | 18 |
| distribution and sale of alcoholic
liquors throughout the | 19 |
| State.
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| (5) To inspect, or cause to be inspected, any
premises | 21 |
| in this State
where alcoholic liquors are manufactured, | 22 |
| distributed, warehoused, or
sold.
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| (5.1) Upon receipt of a complaint or upon having | 24 |
| knowledge that any person
is engaged in business as a | 25 |
| manufacturer, importing distributor, distributor,
or | 26 |
| retailer without a license or valid license, to notify the |
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| local liquor
authority, file a complaint with the State's | 2 |
| Attorney's Office of the county
where the incident | 3 |
| occurred, or initiate an investigation with the | 4 |
| appropriate
law enforcement officials.
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| (5.2) To issue a cease and desist notice to persons | 6 |
| shipping alcoholic
liquor
into this State from a point | 7 |
| outside of this State if the shipment is in
violation of | 8 |
| this Act.
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| (5.3) To receive complaints from licensees, local | 10 |
| officials, law
enforcement agencies, organizations, and | 11 |
| persons stating that any licensee has
been or is violating | 12 |
| any provision of this Act or the rules and regulations
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| issued pursuant to this Act. Such complaints shall be in | 14 |
| writing, signed and
sworn to by the person making the | 15 |
| complaint, and shall state with specificity
the facts in | 16 |
| relation to the alleged violation. If the State Commission | 17 |
| has
reasonable grounds to believe that the complaint | 18 |
| substantially alleges a
violation of this Act or rules and | 19 |
| regulations adopted pursuant to this Act, it
shall conduct | 20 |
| an investigation. If, after conducting an investigation, | 21 |
| the
State Commission is satisfied that the alleged | 22 |
| violation did occur, it shall proceed
with disciplinary | 23 |
| action against the licensee as provided in this Act.
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| (6) To hear and determine appeals from orders of a | 25 |
| local commission
in accordance with the provisions of this | 26 |
| Act, as hereinafter set forth.
Hearings under this |
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| subsection shall be held in Springfield or Chicago,
at | 2 |
| whichever location is the more convenient for the majority | 3 |
| of persons
who are parties to the hearing.
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| (7) The State Commission commission shall establish | 5 |
| uniform systems of accounts to be
kept by all retail | 6 |
| licensees having more than 4 employees, and for this
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| purpose the State Commission commission may classify all | 8 |
| retail licensees having more
than 4 employees and establish | 9 |
| a uniform system of accounts for each
class and prescribe | 10 |
| the manner in which such accounts shall be kept.
The State | 11 |
| Commission commission may also prescribe the forms of | 12 |
| accounts to be kept by
all retail licensees having more | 13 |
| than 4 employees, including , but not
limited to , accounts | 14 |
| of earnings and expenses and any distribution,
payment, or | 15 |
| other distribution of earnings or assets, and any other
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| forms, records and memoranda which in the judgment of the | 17 |
| State Commission commission may
be necessary or | 18 |
| appropriate to carry out any of the provisions of this
Act, | 19 |
| including , but not limited to , such forms, records , and | 20 |
| memoranda as
will readily and accurately disclose at all | 21 |
| times the beneficial
ownership of such retail licensed | 22 |
| business. The accounts, forms,
records , and memoranda | 23 |
| shall be available at all reasonable times for
inspection | 24 |
| by authorized representatives of the State Commission | 25 |
| commission or by
any local liquor control commissioner or | 26 |
| his or her authorized representative.
The State Commission |
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| commission , may, from time to time, alter, amend or repeal, | 2 |
| in whole
or in part, any uniform system of accounts, or the | 3 |
| form and manner of
keeping accounts.
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| (8) In the conduct of any hearing authorized to be held | 5 |
| by the
State Commission commission , to appoint, at the | 6 |
| State Commission's commission's discretion, hearing | 7 |
| officers
to conduct hearings involving complex issues or | 8 |
| issues that will require a
protracted period of time to | 9 |
| resolve, to examine, or cause to be examined,
under oath, | 10 |
| any licensee, and to examine or cause to be examined the | 11 |
| books and
records
of such licensee; to hear testimony and | 12 |
| take proof material for its
information in the discharge of | 13 |
| its duties hereunder; to administer or
cause to be | 14 |
| administered oaths; for any such purpose to issue
subpoena | 15 |
| or subpoenas to require the attendance of witnesses and the
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| production of books, which shall be effective in any part | 17 |
| of this State, and
to adopt rules to implement its powers | 18 |
| under this paragraph (8).
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| Any Circuit Court may by order duly entered,
require | 20 |
| the attendance of witnesses and the production of relevant | 21 |
| books
subpoenaed by the State Commission commission and the | 22 |
| court may compel
obedience to its order by proceedings for | 23 |
| contempt.
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| (9) To investigate the administration of laws in | 25 |
| relation to
alcoholic liquors in this and other states and | 26 |
| any foreign countries,
and to recommend from time to time |
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| to the Governor and through him or
her to the legislature | 2 |
| of this State, such amendments to this Act, if any, as
it | 3 |
| may think desirable and as will serve to further the | 4 |
| general broad
purposes contained in Section 1-2 hereof.
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| (10) To adopt such rules and regulations consistent | 6 |
| with the
provisions of this Act which shall be necessary | 7 |
| for the control, sale or
disposition of alcoholic liquor | 8 |
| damaged as a result of an accident, wreck,
flood, fire , or | 9 |
| other similar occurrence.
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| (11) To develop industry educational programs related | 11 |
| to responsible
serving and selling, particularly in the | 12 |
| areas of overserving consumers and
illegal underage | 13 |
| purchasing and consumption of alcoholic beverages.
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| (11.1) To license persons providing education and | 15 |
| training to alcohol
beverage sellers and servers under the
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| Beverage Alcohol Sellers and Servers
Education and | 17 |
| Training (BASSET) programs and to develop and administer a | 18 |
| public
awareness program in Illinois to reduce or eliminate | 19 |
| the illegal purchase and
consumption of alcoholic beverage | 20 |
| products by persons under the age of 21.
Application for a | 21 |
| license shall be made on forms provided by the State
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| Commission.
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| (12) To develop and maintain a repository of license | 24 |
| and regulatory
information.
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| (13) On or before January 15, 1994, the State | 26 |
| Commission shall issue
a written report to the Governor and |
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| General Assembly that is to be based on a
comprehensive | 2 |
| study of the impact on and implications for the State of | 3 |
| Illinois
of Section 1926 of the Federal ADAMHA | 4 |
| Reorganization Act of 1992 (Public Law
102-321). This study | 5 |
| shall address the extent to which Illinois currently
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| complies with the provisions of P.L. 102-321 and the rules | 7 |
| promulgated pursuant
thereto.
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| As part of its report, the State Commission shall | 9 |
| provide the following essential
information:
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| (i) the number of retail distributors of tobacco | 11 |
| products, by type and
geographic area, in the State;
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| (ii) the number of reported citations and | 13 |
| successful convictions,
categorized by type and | 14 |
| location of retail distributor, for violation of the
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| Prevention of Tobacco Use by Minors and Sale and | 16 |
| Distribution of Tobacco Products Act and the Smokeless
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| Tobacco Limitation Act;
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| (iii) the extent and nature of organized | 19 |
| educational and governmental
activities that are | 20 |
| intended to promote, encourage or otherwise secure
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| compliance with any Illinois laws that prohibit the | 22 |
| sale or distribution of
tobacco products to minors; and
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| (iv) the level of access and availability of | 24 |
| tobacco products to
individuals under the age of 18.
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| To obtain the data necessary to comply with the | 26 |
| provisions of P.L. 102-321
and the requirements of this |
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| report, the State Commission shall conduct random,
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| unannounced inspections of a geographically and | 3 |
| scientifically representative
sample of the State's retail | 4 |
| tobacco distributors.
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| The State Commission shall consult with the Department | 6 |
| of Public Health, the
Department of Human Services, the
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| Illinois State Police and any
other executive branch | 8 |
| agency, and private organizations that may have
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| information relevant to this report.
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| The State Commission may contract with the Food and | 11 |
| Drug Administration of the
U.S. Department of Health and | 12 |
| Human Services to conduct unannounced
investigations of | 13 |
| Illinois tobacco vendors to determine compliance with | 14 |
| federal
laws relating to the illegal sale of cigarettes and | 15 |
| smokeless tobacco products
to persons under the age of 18.
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| (14) On or before April 30, 2008 and every 2 years
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| thereafter, the State Commission shall present a written
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| report to the Governor and the General Assembly that shall
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| be based on a study of the impact of this amendatory Act of
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| the 95th General Assembly on the business of soliciting,
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| selling, and shipping wine from inside and outside of this
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| State directly to residents of this State. As part of its
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| report, the State Commission shall provide all of the
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| following information: | 25 |
| (A) The amount of State excise and sales tax
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| revenues generated. |
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| (B) The amount of licensing fees received. | 2 |
| (C) The number of cases of wine shipped from inside
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| and outside of this State directly to residents of this
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| State. | 5 |
| (D) The number of alcohol compliance operations
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| conducted. | 7 |
| (E) The number of winery shipper's licenses
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| issued. | 9 |
| (F) The number of each of the following: reported
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| violations; cease and desist notices issued by the
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| State Commission; notices of violations issued by
the | 12 |
| State Commission and to the Department of Revenue;
and | 13 |
| notices and complaints of violations to law
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| enforcement officials, including, without limitation,
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| the Illinois Attorney General and the U.S. Department
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| of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | 17 |
| (15) As a means to reduce the underage consumption of
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| alcoholic liquors, the State Commission shall conduct
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| alcohol compliance operations to investigate whether
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| businesses that are soliciting, selling, and shipping wine
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| from inside or outside of this State directly to residents
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| of this State are licensed by this State or are selling or
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| attempting to sell wine to persons under 21 years of age in
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| violation of this Act. | 25 |
| (16) The State Commission shall, in addition to
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| notifying any appropriate law enforcement agency, submit
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| notices of complaints or violations of Sections 6-29 and
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| 6-29.1 by persons who do not hold a winery shipper's
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| license under this amendatory Act to the Illinois Attorney | 4 |
| General and
to the U.S. Department of Treasury's Alcohol | 5 |
| and Tobacco Tax and Trade Bureau. | 6 |
| (17) (A) A person licensed to make wine under the laws | 7 |
| of another state who has a winery shipper's license under | 8 |
| this amendatory Act and annually produces less than 25,000 | 9 |
| gallons of wine or a person who has a first-class or | 10 |
| second-class wine manufacturer's license, a first-class or | 11 |
| second-class wine-maker's license, or a limited wine | 12 |
| manufacturer's license under this Act and annually | 13 |
| produces less than 25,000 gallons of wine may make | 14 |
| application to the State Commission for a | 15 |
| self-distribution exemption to allow the sale of not more | 16 |
| than 5,000 gallons of the exemption holder's wine to retail | 17 |
| licensees per year. | 18 |
| (B) In the application, which shall be sworn under | 19 |
| penalty of perjury, such person shall state (1) the | 20 |
| date it was established; (2) its volume of production | 21 |
| and sales for each year since its establishment; (3) | 22 |
| its efforts to establish distributor relationships; | 23 |
| (4) that a self-distribution exemption is necessary to | 24 |
| facilitate the marketing of its wine; and (5) that it | 25 |
| will comply with the liquor and revenue laws of the | 26 |
| United States, this State, and any other state where it |
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| is licensed. | 2 |
| (C) The State Commission shall approve the | 3 |
| application for a self-distribution exemption if such | 4 |
| person: (1) is in compliance with State revenue and | 5 |
| liquor laws; (2) is not a member of any affiliated | 6 |
| group that produces more than 25,000 gallons of wine | 7 |
| per annum or produces any other alcoholic liquor; (3) | 8 |
| will not annually produce for sale more than 25,000 | 9 |
| gallons of wine; and (4) will not annually sell more | 10 |
| than 5,000 gallons of its wine to retail licensees. | 11 |
| (D) A self-distribution exemption holder shall | 12 |
| annually certify to the State Commission its | 13 |
| production of wine in the previous 12 months and its | 14 |
| anticipated production and sales for the next 12 | 15 |
| months. The State Commission may fine, suspend, or | 16 |
| revoke a self-distribution exemption after a hearing | 17 |
| if it finds that the exemption holder has made a | 18 |
| material misrepresentation in its application, | 19 |
| violated a revenue or liquor law of Illinois, exceeded | 20 |
| production of 25,000 gallons of wine in any calendar | 21 |
| year, or become part of an affiliated group producing | 22 |
| more than 25,000 gallons of wine or any other alcoholic | 23 |
| liquor. | 24 |
| (E) Except in hearings for violations of this Act | 25 |
| or amendatory Act or a bona fide investigation by duly | 26 |
| sworn law enforcement officials, the State Commission, |
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| or its agents, the State Commission shall maintain the | 2 |
| production and sales information of a | 3 |
| self-distribution exemption holder as confidential and | 4 |
| shall not release such information to any person. | 5 |
| (F) The State Commission shall issue regulations | 6 |
| governing self-distribution exemptions consistent with | 7 |
| this Section and this Act. | 8 |
| (G) Nothing in this subsection (17) shall prohibit | 9 |
| a self-distribution exemption holder from entering | 10 |
| into or simultaneously having a distribution agreement | 11 |
| with a licensed Illinois distributor. | 12 |
| (H) It is the intent of this subsection (17) to | 13 |
| promote and continue orderly markets. The General | 14 |
| Assembly finds that in order to preserve Illinois' | 15 |
| regulatory distribution system it is necessary to | 16 |
| create an exception for smaller makers of wine as their | 17 |
| wines are frequently adjusted in varietals, mixes, | 18 |
| vintages, and taste to find and create market niches | 19 |
| sometimes too small for distributor or importing | 20 |
| distributor business strategies. Limited | 21 |
| self-distribution rights will afford and allow smaller | 22 |
| makers of wine access to the marketplace in order to | 23 |
| develop a customer base without impairing the | 24 |
| integrity of the 3-tier system.
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| (18) The State Commission shall train and educate its | 26 |
| examination employees on an annual basis. The increase in the |
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| amount of funds deposited into the Dram Shop Fund as a result | 2 |
| of this amendatory Act of the 96th General Assembly shall only | 3 |
| be used for this purpose and shall be in addition to the | 4 |
| regular expenditures being made from the Dram Shop Fund for | 5 |
| this purpose. | 6 |
| (b) On or before April 30, 1999, the State Commission shall | 7 |
| present a written
report to the Governor and the General | 8 |
| Assembly that shall be based on a study
of the impact of this | 9 |
| amendatory Act of 1998 on the business of soliciting,
selling, | 10 |
| and shipping
alcoholic liquor from outside of this State | 11 |
| directly to residents of this
State.
| 12 |
| As part of its report, the State Commission shall provide | 13 |
| the following
information:
| 14 |
| (i) the amount of State excise and sales tax revenues | 15 |
| generated as a
result of this amendatory Act of 1998;
| 16 |
| (ii) the amount of licensing fees received as a result | 17 |
| of this amendatory
Act of 1998;
| 18 |
| (iii) the number of reported violations, the number of | 19 |
| cease and desist
notices issued by the State Commission, | 20 |
| the number of notices of violations issued
to the | 21 |
| Department of Revenue, and the number of notices and | 22 |
| complaints of
violations to law enforcement officials.
| 23 |
| (Source: P.A. 95-634, eff. 6-1-08; 96-179, eff. 8-10-09; | 24 |
| 96-446, eff. 1-1-10; revised 10-19-09.)
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| (235 ILCS 5/5-3) (from Ch. 43, par. 118)
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| Sec. 5-3. License fees. Except as otherwise provided | 2 |
| herein, at the time
application is made to the State Commission | 3 |
| for a license of any class, the
applicant shall pay to the | 4 |
| State Commission the fee hereinafter provided for
the kind of | 5 |
| license applied for.
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| The fee for licenses issued by the State Commission shall | 7 |
| be as follows:
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| For a manufacturer's license:
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9 | | Class 1. Distiller ............................. |
$3,600 |
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10 | | Class 2. Rectifier ............................. |
3,600 |
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11 | | Class 3. Brewer ................................ |
900 |
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12 | | Class 4. First-class Wine Manufacturer ......... |
600 |
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13 | | Class 5. Second-class |
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14 | | Wine Manufacturer .......................... |
1,200 |
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15 | | Class 6. First-class wine-maker ................ |
600 |
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16 | | Class 7. Second-class wine-maker ............... |
1200 |
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17 | | Class 8. Limited Wine Manufacturer .............. |
120 |
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18 | | For a Brew Pub License ......................... |
1,050 |
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19 | | For a caterer retailer's license ................ |
200 |
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20 | | For a foreign importer's license ............... |
25 |
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21 | | For an importing distributor's license ......... |
25 |
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22 | | For a distributor's license .................... |
270 |
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23 | | For a non-resident dealer's license |
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24 | | (500,000 gallons or over) .................. |
270 |
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25 | | For a non-resident dealer's license |
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26 | | (under 500,000 gallons) .................... |
90 |
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| 1 | | For a wine-maker's premises license ............ |
100 |
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2 | | For a winery shipper's license |
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3 | | (under 250,000 gallons) ..................... | 150 |
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4 | | For a winery shipper's license
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5 | | (250,000 or over, but under 500,000 gallons) . | 500 |
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6 | | For a winery shipper's license
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7 | | (500,000 gallons or over) ................... | 1,000 |
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8 | | For a wine-maker's premises license, |
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9 | | second location ............................ |
350 |
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10 | | For a wine-maker's premises license, |
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11 | | third location ............................. |
350 |
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12 | | For a retailer's license ....................... |
500 |
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13 | | For a special event retailer's license, |
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14 | | (not-for-profit) ........................... |
25 |
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15 | | For a special use permit license, |
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16 | | one day only ............................... |
50 |
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17 | | 2 days or more ............................. |
100 |
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18 | | For a railroad license ......................... |
60 |
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19 | | For a boat license ............................. |
180 |
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20 | | For an airplane license, times the |
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21 | | licensee's maximum number of aircraft |
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22 | | in flight, serving liquor over the |
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23 | | State at any given time, which either |
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24 | | originate, terminate, or make |
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25 | | an intermediate stop in the State .......... |
60 |
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26 | | For a non-beverage user's license: |
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| 1 | | Class 1 .................................... |
24 |
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2 | | Class 2 .................................... |
60 |
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3 | | Class 3 .................................... |
120 |
|
4 | | Class 4 .................................... |
240 |
|
5 | | Class 5 .................................... |
600 |
|
6 | | For a broker's license ......................... |
600 |
|
7 | | For an auction liquor license .................. |
50 |
|
8 |
| Fees collected under this Section shall be paid into the
| 9 |
| Dram Shop Fund. On and after July 1, 2010 2003 , of the funds | 10 |
| received for a
retailer's license, $270 in
addition to the
| 11 |
| first $175, an additional $75 shall be paid into the Dram Shop | 12 |
| Fund , and $230 $250
shall be
paid into the General Revenue | 13 |
| Fund. Beginning June 30, 1990 and on June 30
of each
subsequent | 14 |
| year through June 29, 2003, any balance over $5,000,000
| 15 |
| remaining in the Dram Shop Fund
shall be credited to State | 16 |
| liquor licensees and applied against their fees for
State | 17 |
| liquor licenses for the following year. The amount credited to | 18 |
| each
licensee shall be a proportion of the balance in the Dram | 19 |
| Fund that is the
same as the proportion of the license fee paid | 20 |
| by the licensee under
this Section for the period in which the | 21 |
| balance was accumulated to the
aggregate fees paid by all | 22 |
| licensees during that period.
| 23 |
| No fee shall be paid for licenses issued by the State | 24 |
| Commission to
the following non-beverage users:
| 25 |
| (a) Hospitals, sanitariums, or clinics when their use | 26 |
| of alcoholic
liquor is exclusively medicinal, mechanical |
|
|
|
SB3136 Engrossed |
- 18 - |
LRB096 20239 ASK 35815 b |
|
| 1 |
| or scientific.
| 2 |
| (b) Universities, colleges of learning or schools when | 3 |
| their use of
alcoholic liquor is exclusively medicinal, | 4 |
| mechanical or scientific.
| 5 |
| (c) Laboratories when their use is exclusively for the | 6 |
| purpose of
scientific research.
| 7 |
| (Source: P.A. 95-634, eff. 6-1-08 .)
| 8 |
| Section 99. Effective date. This Act takes effect July 1, | 9 |
| 2010.
|
|