Full Text of SB0392 95th General Assembly
SB0392eng 95TH GENERAL ASSEMBLY
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SB0392 Engrossed |
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LRB095 10683 KBJ 30914 b |
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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 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Section 6-9 as follows:
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| (235 ILCS 5/6-9) (from Ch. 43, par. 126)
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| Sec. 6-9. Registration of trade marks; sale within | 8 |
| geographical area;
delivery to authorized persons. The | 9 |
| Legislature hereby finds and declares
that for purposes of
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| ensuring the preservation and enhancement of interbrand | 11 |
| competition in
the alcoholic liquor industry within the State, | 12 |
| ensuring that importation
and distribution of alcoholic liquor | 13 |
| in the State will be subject to
thorough and inexpensive | 14 |
| monitoring by the State, reducing the
importation of illicit or | 15 |
| untaxed alcoholic liquor into the State,
excluding misbranded | 16 |
| alcoholic liquor products from the State,
providing incentives | 17 |
| to distributors to service and sell to larger
numbers of retail | 18 |
| licensees in the geographic area where such
distributors are | 19 |
| engaged in business, and reducing the amount of
spoiled and | 20 |
| overaged alcoholic liquor products sold to consumers,
it is | 21 |
| necessary to restrict the purchase of alcoholic liquors at
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| wholesale in the State to those persons selected by the | 23 |
| manufacturer,
distributor, importing distributor or foreign |
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LRB095 10683 KBJ 30914 b |
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| importer who owns or
controls the trade mark, brand or name of | 2 |
| the alcoholic liquor
products sold to such persons, and to | 3 |
| restrict the geographic area
or areas within which such persons | 4 |
| sell such alcoholic liquor at
wholesale, as provided in this | 5 |
| Section.
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| Each manufacturer, non-resident dealer, distributor, | 7 |
| importing distributor,
or
foreign importer who owns or controls | 8 |
| the trade mark, brand or name of
any alcoholic liquor shall | 9 |
| register with the State Commission, in the Chicago
office, on | 10 |
| or before the effective date, the name
of each person to whom | 11 |
| such manufacturer, non-resident dealer, distributor,
importing
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| distributor, or foreign importer grants the right to sell at | 13 |
| wholesale
in this State any such alcoholic liquor, specifying | 14 |
| the particular trade
mark, brand or name of alcoholic liquor as | 15 |
| to which such right is
granted, the geographical area or areas | 16 |
| for which such right is granted
and the period of time for | 17 |
| which such rights are granted to such person.
Each | 18 |
| manufacturer,
non-resident dealer, distributor or importing | 19 |
| distributor, or foreign
importer who is required to register | 20 |
| under this Section must furnish a copy
of the registration | 21 |
| statement at the time of appointment to the person who has
been | 22 |
| granted the right to sell alcoholic liquor at wholesale. | 23 |
| However, if a
person who has been appointed the right to sell | 24 |
| alcoholic liquor at wholesale
does not receive a copy of the | 25 |
| registration statement as required under this
Section, such | 26 |
| person may file a registration statement with the State
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| Commission, provided that the person furnishes a copy of that | 2 |
| registration
statement to the manufacturer, non-resident | 3 |
| dealer, distributor, importing
distributor, or foreign | 4 |
| importer within 30 days of filing the registration
statement. | 5 |
| The registration statement shall state:
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| (1) the name of the person appointed;
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| (2) the name of the manufacturer, non-resident dealer, | 8 |
| distributor,
importing distributor, or foreign importer from | 9 |
| whom the person received the
right to sell alcoholic liquor;
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| (3) the particular trade mark, brand, or name of alcoholic | 11 |
| liquor
as
to
which the right to sell at wholesale is granted; | 12 |
| and
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| (4) the geographical areas for which the right to sell at
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| wholesale
is
granted.
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| Such manufacturer, non-resident dealer, distributor, | 16 |
| importing distributor,
or
foreign
importer may grant the right | 17 |
| to sell at wholesale any trade mark, brand
or name of any | 18 |
| alcoholic liquor in any geographical area to more than
one | 19 |
| person. If the registration is received after the effective | 20 |
| date, the
Commission shall treat the date the registration was | 21 |
| received in the Chicago
office as the effective
date. Such | 22 |
| registration shall be made on a form prescribed by the
State | 23 |
| Commission and the State Commission may require such | 24 |
| registration
to be on a form provided by it.
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| No such registration shall be made
in any other manner than | 26 |
| as is provided in this
Section and only those persons |
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| registered by the manufacturer, non-resident
dealer, | 2 |
| distributor, importing distributor or foreign importer, shall | 3 |
| have
the right to sell at wholesale in this State, the brand of | 4 |
| alcoholic liquor
specified on the registration form.
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| Prior to amending or withdrawing such registration, each | 6 |
| manufacturer, non-resident dealer, distributor, importing | 7 |
| distributor, or foreign importer who owns or controls the trade | 8 |
| mark, brand name, or name of any alcoholic liquor shall, at | 9 |
| least 30 days prior to the effective date of the registration | 10 |
| amendment or withdrawal, notify each person to whom such | 11 |
| manufacturer, non-resident dealer, distributor, importing | 12 |
| distributor, or foreign importer previously granted the right | 13 |
| to sell at wholesale, specifying the particular trade mark, | 14 |
| brand, or name of alcoholic liquor as to which such right is | 15 |
| amended or withdrawn and the geographical area or areas for | 16 |
| which such right is amended or withdrawn to such person. At the | 17 |
| written request of all affected parties, the 30 day | 18 |
| notification requirement may be waived by the Commission.
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| However, a licensed Illinois distributor who has not been | 20 |
| registered to
sell a brand of alcoholic liquor, but for a | 21 |
| period of 2 years prior
to
November 8, 1979 has been engaged in | 22 |
| the purchase of a brand for resale
from a licensed Illinois | 23 |
| distributor who has the right to sell that brand
at wholesale, | 24 |
| may continue to purchase and resell the brand at wholesale,
and | 25 |
| may purchase from the same distributor and resell at wholesale | 26 |
| any
new brands of the same manufacturer, provided that:
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| (1) Within 60 days after November 8, 1979 he identifies | 2 |
| the brand which
he so purchased to the State Commission and | 3 |
| the Commission within 30 days
thereafter verifies that the | 4 |
| purchases have occurred;
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| (2) Thereafter, he notifies the State Commission in | 6 |
| writing of any brands
of the same manufacturer which he | 7 |
| wishes to purchase from the same distributor
that were not | 8 |
| available for distribution on or before November 8, 1979,
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| and that the Commission within 30 days of such notification | 10 |
| verifies
that the brand is a new brand of the same | 11 |
| manufacturer, and that the same
licensed Illinois | 12 |
| distributor has the right to sell the new brand at | 13 |
| wholesale;
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| (3) His licensed business address is within the | 15 |
| geographical area for
which the licensed Illinois | 16 |
| distributor from whom the purchases are made
has the right | 17 |
| to sell said brand or brands of alcoholic liquor; and
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| (4) His sales are made within the geographical area for | 19 |
| which the licensed
Illinois distributor from whom the | 20 |
| purchases are made has the right to sell
the brand or | 21 |
| brands of alcoholic liquor and only to retail licensees | 22 |
| whose
licensed premises are located within the | 23 |
| aforementioned geographical area.
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| No person to whom such right is granted shall sell at | 25 |
| wholesale in
this State any alcoholic liquor bearing such trade | 26 |
| mark, brand or name
outside of the geographical area for which |
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| such person holds such
selling right, as registered with the | 2 |
| State Commission, nor shall he
sell such alcoholic liquor | 3 |
| within such geographical area to a retail
licensee if the | 4 |
| premises specified in such retailer's license are
located | 5 |
| outside such geographical area.
Any licensed Illinois | 6 |
| distributor who has not been granted the right to sell
any | 7 |
| alcoholic liquor at wholesale and is purchasing alcoholic | 8 |
| liquor from a
person who has been granted the right to sell at | 9 |
| wholesale may sell and deliver
only to retail licensees whose | 10 |
| licensed premises are within the same
geographical area as the | 11 |
| person who has been granted the right to sell at
wholesale.
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| No manufacturer, importing distributor, distributor, | 13 |
| non-resident dealer,
or foreign
importer shall sell or deliver | 14 |
| any package containing alcoholic liquor
manufactured or | 15 |
| distributed by him for resale, unless the person to whom
such | 16 |
| package is sold or delivered is authorized to receive such | 17 |
| package
in accordance with the provisions of this Act.
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| (Source: P.A. 92-105, eff. 1-1-02.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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