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| [ Senate Amendment 002 ] |
90_HB2700eng
235 ILCS 5/1-3.28 from Ch. 43, par. 95.28
Amends the Liquor Control Act of 1934 to expand the
definition of broker to include a person, corporation, or
other combination of individuals that solicits orders or
membership to an alcoholic beverage club or an alcoholic
liquors club to promote the sale of alcoholic liquors to
consumers and businesses for any wholesaler, retailer, or
other individual who ships alcoholic liquors by means of a
common carrier. Effective immediately.
LRB9009629LDdvA
HB2700 Engrossed LRB9009629LDdvA
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Sections 1-3.28, 2-1, 3-12, 5-1, 6-16, and 10-1 and
3 adding Sections 6-17.2 and 6-29.1.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Liquor Control Act of 1934 is amended by
7 changing Sections 1-3.28, 2-1, 3-12, 5-1, 6-16, and 10-1 and
8 adding Sections 6-17.2 and 6-29.1 as follows:
9 (235 ILCS 5/1-3.28) (from Ch. 43, par. 95.28)
10 Sec. 1-3.28. "Broker" means (i) a person who solicits
11 orders for or offers to sell or supply alcoholic liquors to
12 retailers for a fee or commission, for or on behalf of a
13 person authorized to manufacture or sell at wholesale
14 alcoholic liquors within or without the State or (ii) a
15 person within this State, other than a retail licensee, who
16 promotes, solicits, or accepts orders for alcoholic liquor,
17 for use or consumption and not for resale, to be delivered to
18 residents of this State by an express company, common
19 carrier, or contract carrier. This Section does not apply to
20 any person who promotes, solicits, or accepts orders for wine
21 as specifically authorized in Section 6-29 of this Act.
22 (Source: P.A. 82-783.)
23 (235 ILCS 5/2-1) (from Ch. 43, par. 96)
24 Sec. 2-1. No person shall manufacture, bottle, blend,
25 sell, barter, transport, transfer into this State from a
26 point outside this State, deliver, furnish or possess any
27 alcoholic liquor for beverage purposes, unless such person
28 has been issued a license by the Commission or except as
29 permitted by Section 6-29 of this Act or except except as
30 otherwise specifically provided in this Act;, provided,
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1 however, nothing herein contained shall prevent the
2 possession and transportation of alcoholic liquor by the
3 possessor for the personal use of the possessor, his family
4 and guests, nor prevent the making of wine, cider or other
5 alcoholic liquor by a person from fruits, vegetables or
6 grains, or the products thereof, by simple fermentation and
7 without distillation, if it is made solely for the use of the
8 maker, his family and his guests; and provided further that
9 nothing herein contained shall prevent any duly licensed
10 practicing physician or dentist from possessing or using
11 alcoholic liquor in the strict practice of his profession, or
12 any hospital or other institution caring for sick and
13 diseased persons, from possessing and using alcoholic liquor
14 for the treatment of bona fide patients of such hospital or
15 other institution; and provided further that any drug store
16 employing a licensed pharmacist may possess and use alcoholic
17 liquors in the concoction of prescriptions of duly licensed
18 physicians; and provided further, that the possession and
19 dispensation of wine by an authorized representative of any
20 church for the purpose of conducting any bona fide rite or
21 religious ceremony conducted by such church shall not be
22 prohibited by this Act.
23 (Source: P.A. 82-783.)
24 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
25 Sec. 3-12. The State commission shall have the following
26 powers, functions and duties:
27 (1) To receive applications and to issue licenses to
28 manufacturers, foreign importers, importing distributors,
29 distributors, non-resident dealers, on premise consumption
30 retailers, off premise sale retailers, special event retailer
31 licensees, special use permit licenses, auction liquor
32 licenses, brew pubs, caterer retailers, non-beverage users,
33 railroads, including owners and lessees of sleeping, dining
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1 and cafe cars, airplanes, and boats, brokers, and wine
2 maker's retail licensees in accordance with the provisions of
3 this Act, and to suspend or revoke such licenses upon the
4 State commission's determination, upon notice after hearing,
5 that a licensee has violated any provision of this Act or any
6 rule or regulation issued pursuant thereto and in effect for
7 30 days prior to such violation.
8 In lieu of suspending or revoking a license, the
9 commission may impose a fine, upon the State commission's
10 determination and notice after hearing, that a licensee has
11 violated any provision of this Act or any rule or regulation
12 issued pursuant thereto and in effect for 30 days prior to
13 such violation. The fine imposed under this paragraph may
14 not exceed $500 for each violation. Each day that the
15 activity, which gave rise to the original fine, continues is
16 a separate violation. The maximum fine that may be levied
17 against any licensee, for the period of the license, shall
18 not exceed $20,000. The maximum penalty that may be imposed
19 on a licensee for selling a bottle of alcoholic liquor with a
20 foreign object in it or serving from a bottle of alcoholic
21 liquor with a foreign object in it shall be the destruction
22 of that bottle of alcoholic liquor for the first 10 bottles
23 so sold or served from by the licensee. For the eleventh
24 bottle of alcoholic liquor and for each third bottle
25 thereafter sold or served from by the licensee with a foreign
26 object in it, the maximum penalty that may be imposed on the
27 licensee is the destruction of the bottle of alcoholic liquor
28 and a fine of up to $50.
29 (2) To adopt such rules and regulations consistent with
30 the provisions of this Act which shall be necessary to carry
31 on its functions and duties to the end that the health,
32 safety and welfare of the People of the State of Illinois
33 shall be protected and temperance in the consumption of
34 alcoholic liquors shall be fostered and promoted and to
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1 distribute copies of such rules and regulations to all
2 licensees affected thereby.
3 (3) To call upon other administrative departments of the
4 State, county and municipal governments, county and city
5 police departments and upon prosecuting officers for such
6 information and assistance as it deems necessary in the
7 performance of its duties.
8 (4) To recommend to local commissioners rules and
9 regulations, not inconsistent with the law, for the
10 distribution and sale of alcoholic liquors throughout the
11 State.
12 (5) (a) To inspect, or cause to be inspected, any
13 licensed or non-licensed premises in this State where
14 alcoholic liquors are manufactured, distributed, warehoused,
15 or sold.
16 (b) To investigate shipments of alcoholic liquor into
17 this State from a point outside of this State and issue a
18 cease and desist notice in the event of a violation of this
19 Act.
20 (6) To hear and determine appeals from orders of a local
21 commission in accordance with the provisions of this Act, as
22 hereinafter set forth. Hearings under this subsection shall
23 be held in Springfield or Chicago, at whichever location is
24 the more convenient for the majority of persons who are
25 parties to the hearing.
26 (7) The commission shall establish uniform systems of
27 accounts to be kept by all retail licensees having more than
28 4 employees, and for this purpose the commission may classify
29 all retail licensees having more than 4 employees and
30 establish a uniform system of accounts for each class and
31 prescribe the manner in which such accounts shall be kept.
32 The commission may also prescribe the forms of accounts to be
33 kept by all retail licensees having more than 4 employees,
34 including but not limited to accounts of earnings and
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1 expenses and any distribution, payment, or other distribution
2 of earnings or assets, and any other forms, records and
3 memoranda which in the judgment of the commission may be
4 necessary or appropriate to carry out any of the provisions
5 of this Act, including but not limited to such forms, records
6 and memoranda as will readily and accurately disclose at all
7 times the beneficial ownership of such retail licensed
8 business. The accounts, forms, records and memoranda shall
9 be available at all reasonable times for inspection by
10 authorized representatives of the State commission or by any
11 local liquor control commissioner or his or her authorized
12 representative. The commission, may, from time to time,
13 alter, amend or repeal, in whole or in part, any uniform
14 system of accounts, or the form and manner of keeping
15 accounts.
16 (8) In the conduct of any hearing authorized to be held
17 by the commission, to examine, or cause to be examined, under
18 oath, any licensee, and to examine or cause to be examined
19 the books and records of such licensee; to hear testimony and
20 take proof material for its information in the discharge of
21 its duties hereunder; to administer or cause to be
22 administered oaths; and for any such purpose to issue
23 subpoena or subpoenas to require the attendance of witnesses
24 and the production of books, which shall be effective in any
25 part of this State.
26 Any Circuit Court may by order duly entered, require the
27 attendance of witnesses and the production of relevant books
28 subpoenaed by the State commission and the court may compel
29 obedience to its order by proceedings for contempt.
30 (9) To investigate the administration of laws in
31 relation to alcoholic liquors in this and other states and
32 any foreign countries, and to recommend from time to time to
33 the Governor and through him or her to the legislature of
34 this State, such amendments to this Act, if any, as it may
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1 think desirable and as will serve to further the general
2 broad purposes contained in Section 1-2 hereof.
3 (10) To adopt such rules and regulations consistent with
4 the provisions of this Act which shall be necessary for the
5 control, sale or disposition of alcoholic liquor damaged as a
6 result of an accident, wreck, flood, fire or other similar
7 occurrence.
8 (11) To develop industry educational programs related to
9 responsible serving and selling, particularly in the areas of
10 overserving consumers and illegal underage purchasing and
11 consumption of alcoholic beverages.
12 (12) To develop and maintain a repository of license and
13 regulatory information.
14 (13) On or before January 15, 1994, the Commission shall
15 issue a written report to the Governor and General Assembly
16 that is to be based on a comprehensive study of the impact on
17 and implications for the State of Illinois of Section 1926 of
18 the Federal ADAMHA Reorganization Act of 1992 (Public Law
19 102-321). This study shall address the extent to which
20 Illinois currently complies with the provisions of P.L.
21 102-321 and the rules promulgated pursuant thereto.
22 As part of its report, the Commission shall provide the
23 following essential information:
24 (i) the number of retail distributors of tobacco
25 products, by type and geographic area, in the State;
26 (ii) the number of reported citations and
27 successful convictions, categorized by type and location
28 of retail distributor, for violation of the Sale of
29 Tobacco to Minors Act and the Smokeless Tobacco
30 Limitation Act;
31 (iii) the extent and nature of organized
32 educational and governmental activities that are intended
33 to promote, encourage or otherwise secure compliance with
34 any Illinois laws that prohibit the sale or distribution
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1 of tobacco products to minors; and
2 (iv) the level of access and availability of
3 tobacco products to individuals under the age of 18.
4 To obtain the data necessary to comply with the
5 provisions of P.L. 102-321 and the requirements of this
6 report, the Commission shall conduct random, unannounced
7 inspections of a geographically and scientifically
8 representative sample of the State's retail tobacco
9 distributors.
10 The Commission shall consult with the Department of
11 Public Health, the Department of Human Services, the Illinois
12 State Police and any other executive branch agency, and
13 private organizations that may have information relevant to
14 this report.
15 The Commission may contract with the Food and Drug
16 Administration of the U.S. Department of Health and Human
17 Services to conduct unannounced investigations of Illinois
18 tobacco vendors to determine compliance with federal laws
19 relating to the illegal sale of cigarettes and smokeless
20 tobacco products to persons under the age of 18.
21 (Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432,
22 eff. 1-1-98; revised 11-5-97.)
23 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
24 Sec. 5-1. Licenses issued by the Illinois Liquor Control
25 Commission shall be of the following classes:
26 (a) Manufacturer's license - Class 1. Distiller, Class
27 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
28 Manufacturer, Class 5. Second Class Wine Manufacturer,
29 Class 6. First Class Winemaker, Class 7. Second Class
30 Winemaker, Class 8. Limited Wine Manufacturer,
31 (b) Distributor's license,
32 (c) Importing Distributor's license,
33 (d) Retailer's license,
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1 (e) Special Event Retailer's license (not-for-profit),
2 (f) Railroad license,
3 (g) Boat license,
4 (h) Non-Beverage User's license,
5 (i) Wine-maker's retail license,
6 (j) Airplane license,
7 (k) Foreign importer's license,
8 (l) Broker's license,
9 (m) Non-resident dealer's license,
10 (n) Brew Pub license,
11 (o) Auction liquor license,
12 (p) Caterer retailer license,
13 (q) Special use permit license.
14 Nothing in this provision, nor in any subsequent
15 provision of this Act shall be interpreted as forbidding an
16 individual or firm from concurrently obtaining and holding a
17 Winemaker's and a Wine manufacturer's license.
18 (a) A manufacturer's license shall allow the
19 manufacture, importation in bulk, storage, distribution and
20 sale of alcoholic liquor to persons without the State, as may
21 be permitted by law and to licensees in this State as
22 follows:
23 Class 1. A Distiller may make sales and deliveries of
24 alcoholic liquor to distillers, rectifiers, importing
25 distributors, distributors and non-beverage users and to no
26 other licensees.
27 Class 2. A Rectifier, who is not a distiller, as defined
28 herein, may make sales and deliveries of alcoholic liquor to
29 rectifiers, importing distributors, distributors, retailers
30 and non-beverage users and to no other licensees.
31 Class 3. A Brewer may make sales and deliveries of beer
32 to importing distributors, distributors, and to
33 non-licensees, and to retailers provided the brewer obtains
34 an importing distributor's license or distributor's license
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1 in accordance with the provisions of this Act.
2 Class 4. A first class wine-manufacturer may make sales
3 and deliveries of between 40,000 and 50,000 gallons of wine
4 to manufacturers, importing distributors and distributors,
5 and to no other licensees.
6 Class 5. A second class Wine manufacturer may make sales
7 and deliveries of more than 50,000 gallons of wine to
8 manufacturers, importing distributors and distributors and to
9 no other licensees.
10 Class 6. A first-class wine-maker's license shall allow
11 the manufacture of less than 20,000 gallons of wine per year,
12 and the storage and sale of such wine to distributors and
13 retailers in the State and to persons without the State, as
14 may be permitted by law.
15 Class 7. A second-class wine-maker's license shall allow
16 the manufacture of up to 50,000 gallons of wine per year, and
17 the storage and sale of such wine to distributors in this
18 State and to persons without the State, as may be permitted
19 by law. A second-class wine-maker's license shall allow the
20 sale of no more than 10,000 gallons of the licensee's wine
21 directly to retailers.
22 Class 8. A limited wine-manufacturer may make sales and
23 deliveries not to exceed 40,000 gallons of wine per year to
24 distributors, and to non-licensees in accordance with the
25 provisions of this Act.
26 (a-1) A manufacturer which is licensed in this State to
27 make sales or deliveries of alcoholic liquor and which
28 enlists agents, representatives, or individuals acting on its
29 behalf who contact licensed retailers on a regular and
30 continual basis in this State must register those agents,
31 representatives, or persons acting on its behalf with the
32 State Commission.
33 Registration of agents, representatives, or persons
34 acting on behalf of a manufacturer is fulfilled by submitting
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1 a form to the Commission. The form shall be developed by the
2 Commission and shall include the name and address of the
3 applicant, the name and address of the manufacturer he or she
4 represents, the territory or areas assigned to sell to or
5 discuss pricing terms of alcoholic liquor, and any other
6 questions deemed appropriate and necessary. All statements
7 in the forms required to be made by law or by rule shall be
8 deemed material, and any person who knowingly misstates any
9 material fact under oath in an application is guilty of a
10 Class B misdemeanor. Fraud, misrepresentation, false
11 statements, misleading statements, evasions, or suppression
12 of material facts in the securing of a registration are
13 grounds for suspension or revocation of the registration.
14 (b) A distributor's license shall allow the wholesale
15 purchase and storage of alcoholic liquors and sale of
16 alcoholic liquors to licensees in this State and to persons
17 without the State, as may be permitted by law.
18 (c) An importing distributor's license may be issued to
19 and held by those only who are duly licensed distributors,
20 upon the filing of an application by a duly licensed
21 distributor, with the Commission and the Commission shall,
22 without the payment of any fee, immediately issue such
23 importing distributor's license to the applicant, which shall
24 allow the importation of alcoholic liquor by the licensee
25 into this State from any point in the United States outside
26 this State, and the purchase of alcoholic liquor in barrels,
27 casks or other bulk containers and the bottling of such
28 alcoholic liquors before resale thereof, but all bottles or
29 containers so filled shall be sealed, labeled, stamped and
30 otherwise made to comply with all provisions, rules and
31 regulations governing manufacturers in the preparation and
32 bottling of alcoholic liquors. The importing distributor's
33 license shall permit such licensee to purchase alcoholic
34 liquor from Illinois licensed non-resident dealers and
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1 foreign importers only.
2 (d) A retailer's license shall allow the licensee to
3 sell and offer for sale at retail, only in the premises
4 specified in such license, alcoholic liquor for use or
5 consumption, but not for resale in any form: Provided that
6 any retail license issued to a manufacturer shall only permit
7 such manufacturer to sell beer at retail on the premises
8 actually occupied by such manufacturer.
9 After January 1, 1995 there shall be 2 classes of
10 licenses issued under a retailers license.
11 (1) A "retailers on premise consumption license"
12 shall allow the licensee to sell and offer for sale at
13 retail, only on the premises specified in the license,
14 alcoholic liquor for use or consumption on the premises
15 or on and off the premises, but not for resale in any
16 form.
17 (2) An "off premise sale license" shall allow the
18 licensee to sell, or offer for sale at retail, alcoholic
19 liquor intended only for off premise consumption and not
20 for resale in any form.
21 Notwithstanding any other provision of this subsection
22 (d), a retail licensee may sell alcoholic liquors to a
23 special event retailer licensee for resale to the extent
24 permitted under subsection (e).
25 (e) A special event retailer's license (not-for-profit)
26 shall permit the licensee to purchase alcoholic liquors from
27 an Illinois licensed distributor (unless the licensee
28 purchases less than $500 of alcoholic liquors for the special
29 event, in which case the licensee may purchase the alcoholic
30 liquors from a licensed retailer) and shall allow the
31 licensee to sell and offer for sale, at retail, alcoholic
32 liquors for use or consumption, but not for resale in any
33 form and only at the location and on the specific dates
34 designated for the special event in the license. An
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1 applicant for a special event retailer license must also
2 submit with the application proof satisfactory to the State
3 Commission that the applicant will provide dram shop
4 liability insurance in the maximum limits and have local
5 authority approval.
6 (f) A railroad license shall permit the licensee to
7 import alcoholic liquors into this State from any point in
8 the United States outside this State and to store such
9 alcoholic liquors in this State; to make wholesale purchases
10 of alcoholic liquors directly from manufacturers, foreign
11 importers, distributors and importing distributors from
12 within or outside this State; and to store such alcoholic
13 liquors in this State; provided that the above powers may be
14 exercised only in connection with the importation, purchase
15 or storage of alcoholic liquors to be sold or dispensed on a
16 club, buffet, lounge or dining car operated on an electric,
17 gas or steam railway in this State; and provided further,
18 that railroad licensees exercising the above powers shall be
19 subject to all provisions of Article VIII of this Act as
20 applied to importing distributors. A railroad license shall
21 also permit the licensee to sell or dispense alcoholic
22 liquors on any club, buffet, lounge or dining car operated on
23 an electric, gas or steam railway regularly operated by a
24 common carrier in this State, but shall not permit the sale
25 for resale of any alcoholic liquors to any licensee within
26 this State. A license shall be obtained for each car in
27 which such sales are made.
28 (g) A boat license shall allow the sale of alcoholic
29 liquor in individual drinks, on any passenger boat regularly
30 operated as a common carrier on navigable waters in this
31 State, which boat maintains a public dining room or
32 restaurant thereon.
33 (h) A non-beverage user's license shall allow the
34 licensee to purchase alcoholic liquor from a licensed
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1 manufacturer or importing distributor, without the imposition
2 of any tax upon the business of such licensed manufacturer or
3 importing distributor as to such alcoholic liquor to be used
4 by such licensee solely for the non-beverage purposes set
5 forth in subsection (a) of Section 8-1 of this Act, and such
6 licenses shall be divided and classified and shall permit the
7 purchase, possession and use of limited and stated quantities
8 of alcoholic liquor as follows:
9 Class 1, not to exceed ....................... 500 gallons
10 Class 2, not to exceed ....................... 1,000 gallons
11 Class 3, not to exceed ....................... 5,000 gallons
12 Class 4, not to exceed ....................... 10,000 gallons
13 Class 5, not to exceed ....................... 50,000 gallons
14 (i) A wine-maker's retail license shall allow the
15 licensee to sell and offer for sale at retail in the premises
16 specified in such license not more than 50,000 gallons of
17 wine per year for use or consumption, but not for resale in
18 any form; this license shall be issued only to a person
19 licensed as a first-class or second-class wine-maker. A
20 wine-maker's retail licensee, upon receiving permission from
21 the Commission, may conduct business at a second location
22 that is separate from the location specified in its
23 wine-maker's retail license. One wine-maker's retail
24 license-second location may be issued to a wine-maker's
25 retail licensee allowing the licensee to sell and offer for
26 sale at retail in the premises specified in the wine-maker's
27 retail license-second location up to 50,000 gallons of wine
28 that was produced at the licensee's first location per year
29 for use and consumption and not for resale.
30 (j) An airplane license shall permit the licensee to
31 import alcoholic liquors into this State from any point in
32 the United States outside this State and to store such
33 alcoholic liquors in this State; to make wholesale purchases
34 of alcoholic liquors directly from manufacturers, foreign
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1 importers, distributors and importing distributors from
2 within or outside this State; and to store such alcoholic
3 liquors in this State; provided that the above powers may be
4 exercised only in connection with the importation, purchase
5 or storage of alcoholic liquors to be sold or dispensed on an
6 airplane; and provided further, that airplane licensees
7 exercising the above powers shall be subject to all
8 provisions of Article VIII of this Act as applied to
9 importing distributors. An airplane licensee shall also
10 permit the sale or dispensing of alcoholic liquors on any
11 passenger airplane regularly operated by a common carrier in
12 this State, but shall not permit the sale for resale of any
13 alcoholic liquors to any licensee within this State. A
14 single airplane license shall be required of an airline
15 company if liquor service is provided on board aircraft in
16 this State. The annual fee for such license shall be as
17 determined in Section 5-3.
18 (k) A foreign importer's license shall permit such
19 licensee to purchase alcoholic liquor from Illinois licensed
20 non-resident dealers only, and to import alcoholic liquor
21 other than in bulk from any point outside the United States
22 and to sell such alcoholic liquor to Illinois licensed
23 importing distributors and to no one else in Illinois.
24 (l) (i) A broker's license shall be required of all
25 persons brokers who solicit orders for, offer to sell or
26 offer to supply alcoholic liquor to retailers in the State of
27 Illinois, or who offer to retailers to ship or cause to be
28 shipped or to make contact with distillers, rectifiers,
29 brewers or manufacturers or any other party within or without
30 the State of Illinois in order that alcoholic liquors be
31 shipped to a distributor, importing distributor or foreign
32 importer, whether such solicitation or offer is consummated
33 within or without the State of Illinois.
34 No holder of a retailer's license issued by the Illinois
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1 Liquor Control Commission shall purchase or receive any
2 alcoholic liquor, the order for which was solicited or
3 offered for sale to such retailer by a broker unless the
4 broker is the holder of a valid broker's license.
5 The broker shall, upon the acceptance by a retailer of
6 the broker's solicitation of an order or offer to sell or
7 supply or deliver or have delivered alcoholic liquors,
8 promptly forward to the Illinois Liquor Control Commission a
9 notification of said transaction in such form as the
10 Commission may by regulations prescribe.
11 (ii) A broker's license shall be required of all persons
12 within this State, other than retail licensees, who promote,
13 solicit, or accept orders for alcoholic liquor, for use or
14 consumption and not for resale, to be delivered to residents
15 of this State by an express company, common carrier, or
16 contract carrier. This Section does not apply to any person
17 who promotes, solicits, or accepts orders for wine as
18 specifically authorized in Section 6-29 of this Act.
19 A broker's Such license under this subsection (1) shall
20 not entitle the holder to buy or sell any alcoholic liquors
21 for his own account or to take or deliver title to such
22 alcoholic liquors.
23 This subsection (l) shall not apply to distributors,
24 employees of distributors, or employees of a manufacturer who
25 has registered the trademark, brand or name of the alcoholic
26 liquor pursuant to Section 6-9 of this Act, and who regularly
27 sells such alcoholic liquor in the State of Illinois only to
28 its registrants thereunder.
29 Any agent, representative, or person subject to
30 registration pursuant to subsection (a-1) of this Section
31 shall not be eligible to receive a broker's license.
32 (m) A non-resident dealer's license shall permit such
33 licensee to ship into and warehouse alcoholic liquor into
34 this State from any point outside of this State, and to sell
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1 such alcoholic liquor to Illinois licensed foreign importers
2 and importing distributors and to no one else in this State;
3 provided that said non-resident dealer shall register with
4 the Illinois Liquor Control Commission each and every brand
5 of alcoholic liquor which it proposes to sell to Illinois
6 licensees during the license period; and further provided
7 that it shall comply with all of the provisions of Section
8 6-9 hereof with respect to registration of such Illinois
9 licensees as may be granted the right to sell such brands at
10 wholesale.
11 (n) A brew pub license shall allow the licensee to
12 manufacture beer only on the premises specified in the
13 license, to make sales of the beer manufactured on the
14 premises to importing distributors, distributors, and to
15 non-licensees for use and consumption, to store the beer upon
16 the premises, and to sell and offer for sale at retail from
17 the licensed premises, provided that a brew pub licensee
18 shall not sell for off-premises consumption more than 50,000
19 gallons per year.
20 (o) A caterer retailer license shall allow the holder to
21 serve alcoholic liquors as an incidental part of a food
22 service that serves prepared meals which excludes the serving
23 of snacks as the primary meal, either on or off-site whether
24 licensed or unlicensed.
25 (p) An auction liquor license shall allow the licensee
26 to sell and offer for sale at auction wine and spirits for
27 use or consumption, or for resale by an Illinois liquor
28 licensee in accordance with provisions of this Act. An
29 auction liquor license will be issued to a person and it will
30 permit the auction liquor licensee to hold the auction
31 anywhere in the State. An auction liquor license must be
32 obtained for each auction at least 14 days in advance of the
33 auction date.
34 (q) A special use permit license shall allow an Illinois
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1 licensed retailer to transfer a portion of its alcoholic
2 liquor inventory from its retail licensed premises to the
3 premises specified in the license hereby created, and to sell
4 or offer for sale at retail, only in the premises specified
5 in the license hereby created, the transferred alcoholic
6 liquor for use or consumption, but not for resale in any
7 form. A special use permit license may be granted for the
8 following time periods: one day or less; 2 or more days to a
9 maximum of 15 days per location in any 12 month period. An
10 applicant for the special use permit license must also submit
11 with the application proof satisfactory to the State
12 Commission that the applicant will provide dram shop
13 liability insurance to the maximum limits and have local
14 authority approval.
15 (Source: P.A. 89-45, eff. 6-23-95; 89-218, eff. 1-1-96;
16 89-626, eff. 8-9-96; 90-77, eff. 7-8-97; 90-432, eff. 1-1-98;
17 revised 11-5-97.)
18 (235 ILCS 5/6-16) (from Ch. 43, par. 131)
19 Sec. 6-16. Prohibited sales and possession.
20 (a) (i) No licensee nor any officer, associate, member,
21 representative, agent, or employee of such licensee shall
22 sell, give, or deliver alcoholic liquor to any person under
23 the age of 21 years or to any intoxicated person, except as
24 provided in Section 6-16.1 16.1. (ii) No express company,
25 common carrier, or contract carrier that carries or
26 transports alcoholic liquor for delivery within this State
27 shall give or deliver alcoholic liquor to any person in this
28 State under the age of 21 years or to any intoxicated person.
29 An express company, common carrier, or contract carrier that
30 carries or transports alcoholic liquor for delivery within
31 this State shall obtain a signature acknowledging receipt of
32 the alcoholic liquor by a person who is at least 21 years of
33 age. (iii) No person, after purchasing or otherwise
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1 obtaining alcoholic liquor, shall sell, give, or deliver such
2 alcoholic liquor to another person under the age of 21 years,
3 except in the performance of a religious ceremony or service.
4 Any person who violates the provisions of item (i), (ii), or
5 (iii) of this paragraph of this subsection (a) is guilty of a
6 Class A misdemeanor and the person's sentence shall include,
7 but shall not be limited to, a fine of not less than $500.
8 If a licensee or officer, associate, member,
9 representative, agent, or employee of the licensee, or a
10 representative, agent, or employee of an express company,
11 common carrier, or contract carrier that carries or
12 transports alcoholic liquor for delivery within this State,
13 is prosecuted under this paragraph of this subsection (a) for
14 selling, giving, or delivering alcoholic liquor to a person
15 under the age of 21 years, the person under 21 years of age
16 who attempted to buy or receive the alcoholic liquor may be
17 prosecuted pursuant to Section 6-20 of this Act, unless the
18 person under 21 years of age was acting under the authority
19 of a law enforcement agency, the Illinois Liquor Control
20 Commission, or a local liquor control commissioner pursuant
21 to a plan or action to investigate, patrol, or conduct any
22 similar enforcement action.
23 For the purpose of preventing the violation of this
24 Section, any licensee, or his agent or employee, or a
25 representative, agent, or employee of an express company,
26 common carrier, or contract carrier that carries or
27 transports alcoholic liquor for delivery within this State,
28 may refuse to sell, deliver, or serve alcoholic beverages to
29 any person who is unable to produce adequate written evidence
30 of identity and of the fact that he or she is over the age of
31 21 years.
32 Adequate written evidence of age and identity of the
33 person is a document issued by a federal, state, county, or
34 municipal government, or subdivision or agency thereof,
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1 including, but not limited to, a motor vehicle operator's
2 license, a registration certificate issued under the Federal
3 Selective Service Act, or an identification card issued to a
4 member of the Armed Forces. Proof that the
5 defendant-licensee, or his employee or agent, demanded, was
6 shown and reasonably relied upon such written evidence in any
7 transaction forbidden by this Section is an affirmative
8 defense in any criminal prosecution therefor or to any
9 proceedings for the suspension or revocation of any license
10 based thereon. It shall not, however, be an affirmative
11 defense if the agent or employee accepted the written
12 evidence knowing it to be false or fraudulent. If a false or
13 fraudulent Illinois driver's license or Illinois
14 identification card is presented by a person less than 21
15 years of age to a licensee or the licensee's agent or
16 employee for the purpose of ordering, purchasing, attempting
17 to purchase, or otherwise obtaining or attempting to obtain
18 the serving of any alcoholic beverage, the law enforcement
19 officer or agency investigating the incident shall, upon the
20 conviction of the person who presented the fraudulent license
21 or identification, make a report of the matter to the
22 Secretary of State on a form provided by the Secretary of
23 State.
24 However, no agent or employee of the licensee shall be
25 disciplined or discharged for selling or furnishing liquor to
26 a person under 21 years of age if the agent or employee
27 demanded and was shown, before furnishing liquor to a person
28 under 21 years of age, adequate written evidence of age and
29 identity of the person issued by a federal, state, county or
30 municipal government, or subdivision or agency thereof,
31 including but not limited to a motor vehicle operator's
32 license, a registration certificate issued under the Federal
33 Selective Service Act, or an identification card issued to a
34 member of the Armed Forces. This paragraph, however, shall
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1 not apply if the agent or employee accepted the written
2 evidence knowing it to be false or fraudulent.
3 Any person who sells, gives, or furnishes to any person
4 under the age of 21 years any false or fraudulent written,
5 printed, or photostatic evidence of the age and identity of
6 such person or who sells, gives or furnishes to any person
7 under the age of 21 years evidence of age and identification
8 of any other person is guilty of a Class A misdemeanor and
9 the person's sentence shall include, but shall not be limited
10 to, a fine of not less than $500.
11 Any person under the age of 21 years who presents or
12 offers to any licensee, his agent or employee, any written,
13 printed or photostatic evidence of age and identity that is
14 false, fraudulent, or not actually his or her own for the
15 purpose of ordering, purchasing, attempting to purchase or
16 otherwise procuring or attempting to procure, the serving of
17 any alcoholic beverage, or who has in his or her possession
18 any false or fraudulent written, printed, or photostatic
19 evidence of age and identity, is guilty of a Class A
20 misdemeanor and the person's sentence shall include, but
21 shall not be limited to, the following: a fine of not less
22 than $500 and at least 25 hours of community service. If
23 possible, any community service shall be performed for an
24 alcohol abuse prevention program.
25 Any person under the age of 21 years who has any
26 alcoholic beverage in his or her possession on any street or
27 highway or in any public place or in any place open to the
28 public is guilty of a Class A misdemeanor. This Section does
29 not apply to possession by a person under the age of 21 years
30 making a delivery of an alcoholic beverage in pursuance of
31 the order of his or her parent or in pursuance of his or her
32 employment.
33 (a-1) It is unlawful for any parent or guardian to
34 permit his or her residence to be used by an invitee of the
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1 parent's child or the guardian's ward, if the invitee is
2 under the age of 21, in a manner that constitutes a violation
3 of this Section. A parent or guardian is deemed to have
4 permitted his or her residence to be used in violation of
5 this Section if he or she knowingly authorizes, enables, or
6 permits such use to occur by failing to control access to
7 either the residence or the alcoholic liquor maintained in
8 the residence. Any person who violates this subsection (a-1)
9 is guilty of a Class A misdemeanor and the person's sentence
10 shall include, but shall not be limited to, a fine of not
11 less than $500. Nothing in this subsection (a-1) shall be
12 construed to prohibit the giving of alcoholic liquor to a
13 person under the age of 21 years in the performance of a
14 religious ceremony or service.
15 (b) Except as otherwise provided in this Section whoever
16 violates this Section shall, in addition to other penalties
17 provided for in this Act, be guilty of a Class A misdemeanor.
18 (c) Any person shall be guilty of a Class A misdemeanor
19 where he or she knowingly permits a gathering at a residence
20 which he or she occupies of two or more persons where any one
21 or more of the persons is under 21 years of age and the
22 following factors also apply:
23 (1) the person occupying the residence knows that
24 any such person under the age of 21 is in possession of
25 or is consuming any alcoholic beverage; and
26 (2) the possession or consumption of the alcohol by
27 the person under 21 is not otherwise permitted by this
28 Act; and
29 (3) the person occupying the residence knows that
30 the person under the age of 21 leaves the residence in an
31 intoxicated condition.
32 For the purposes of this subsection (c) where the
33 residence has an owner and a tenant or lessee, there is a
34 rebuttable presumption that the residence is occupied only by
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1 the tenant or lessee.
2 (d) Any person who rents a hotel or motel room from the
3 proprietor or agent thereof for the purpose of or with the
4 knowledge that such room shall be used for the consumption of
5 alcoholic liquor by persons under the age of 21 years shall
6 be guilty of a Class A misdemeanor.
7 (Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97;
8 90-432, eff. 1-1-98; revised 11-5-97.)
9 (235 ILCS 5/6-17.2 new)
10 Sec. 6-17.2. Importation of alcoholic liquor into this
11 State. A person who imports into this State from any point
12 in the United States outside this State, whether for himself
13 or for another, any alcoholic liquor for sale or resale is
14 required to hold a license issued by the Commission in
15 accordance with this Act, except as otherwise expressly
16 authorized by this Act.
17 (235 ILCS 5/6-29.1 new)
18 Sec. 6-29.1. Direct shipments of alcoholic liquor.
19 Pursuant to the Twenty-First Amendment of the United States
20 Constitution allowing states to regulate the distribution and
21 sale of alcoholic liquor and pursuant to the federal
22 Webb-Kenyon Act declaring that alcoholic liquor shipped in
23 interstate commerce must comply with state laws, the General
24 Assembly hereby finds and declares that selling alcoholic
25 liquor from a point outside this State directly to residents
26 of this State poses a serious threat to public health,
27 safety, and welfare; to State revenue collections; and to the
28 economy of this State. The General Assembly further finds
29 and declares that the current penalties for shipment or
30 transportation of alcoholic liquor in violation of this Act
31 are not adequate to prevent the selling of alcoholic liquor
32 to persons under 21 years of age and to prevent persons under
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1 21 years of age from ordering or purchasing alcoholic liquor
2 through various direct marketing means, such as catalogs,
3 newspapers, mailers, and the Internet.
4 Any out-of-state person manufacturing, distributing, or
5 selling alcoholic liquor who knowingly ships or transports or
6 causes the shipping or transportation of any alcoholic liquor
7 from a point outside this State to a person in this State who
8 does not hold a manufacturer's, distributor's, importing
9 distributor's, or non-resident dealer's license issued by the
10 Liquor Control Commission, other than a shipment of
11 sacramental wine to a bona fide religious organization, a
12 shipment authorized by Section 6-29, or any other shipment
13 authorized by this Act, is in violation of this Act.
14 The Commission, upon determining, after investigation,
15 that a person has violated this Section, shall give notice to
16 the person by certified mail to cease and desist all
17 shipments of alcoholic liquor into this State and to withdraw
18 from this State within 5 working days after receipt of the
19 notice all shipments of alcoholic liquor then in transit.
20 Whenever the Commission has reason to believe that a
21 person has failed to comply with the Commission notice under
22 this Section, it shall notify the Department of Revenue and
23 file a complaint with the State's Attorney of the county
24 where the alcoholic liquor was delivered or with appropriate
25 law enforcement officials.
26 Failure to comply with the notice issued by the
27 Commission under this Section constitutes a business offense
28 for which the person shall be fined not more than $1,000 for
29 a first offense, not more than $5,000 for a second offense,
30 and not more than $10,000 for a third or subsequent offense.
31 Each shipment of alcoholic liquor delivered in violation of
32 the cease and desist notice shall constitute a separate
33 offense.
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1 (235 ILCS 5/10-1) (from Ch. 43, par. 183)
2 Sec. 10-1. Violations; penalties. (a) Whereas a
3 substantial threat to the sound and careful control,
4 regulation, and taxation of the manufacture, sale, and
5 distribution of alcoholic liquors exists by virtue of
6 individuals who manufacture, import, distribute, or sell
7 alcoholic liquors within the State without having first
8 obtained a valid license to do so, and whereas such threat is
9 especially serious along the borders of this State, and
10 whereas such threat requires immediate correction by this
11 Act, by active investigation and prosecution by law
12 enforcement officials and prosecutors, and by prompt and
13 strict enforcement through the courts of this State to punish
14 violators and to deter such conduct in the future:;
15 (a) Any person who manufactures, imports for
16 distribution or use, or distributes or sells alcoholic liquor
17 at any place within the State without having first obtained a
18 valid license to do so under the provisions of this Act shall
19 be guilty of a business offense and fined not more than
20 $1,000 for the first such offense and shall be guilty of a
21 Class 4 felony for each subsequent offense.
22 (b) (1) Any retailer, licensed in this State, who
23 knowingly causes to furnish, give, sell, or otherwise being
24 within the State, any alcoholic liquor destined to be used,
25 distributed, consumed or sold in another state, unless such
26 alcoholic liquor was received in this State by a duly
27 licensed distributor, or importing distributors shall have
28 his license suspended for 7 days for the first offense and
29 for the second offense, shall have his license revoked by the
30 Commission.
31 (2) Any retailer licensed in this State who knowingly
32 ships or transports or causes to be shipped or transported
33 any alcoholic liquor into another state in violation of that
34 state's laws shall have its license suspended for 7 days for
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1 the first offense and, for the second offense, shall have its
2 license revoked by the Commission. The Commission shall
3 inspect the retail licensee's books and records upon receipt
4 of a complaint that the retail licensee shipped or
5 transported or caused to be shipped or transported alcoholic
6 liquor into another state in violation of that state's laws.
7 Falsifying or failure to maintain records shall be cause for
8 an immediate revocation of a retailer's license.
9 (c) Any person who shall make any false statement or
10 otherwise violates any of the provisions of this Act in
11 obtaining any license hereunder, or who having obtained a
12 license hereunder shall violate any of the provisions of this
13 Act with respect to the manufacture, possession, distribution
14 or sale of alcoholic liquor, or with respect to the
15 maintenance of the licensed premises, or shall violate any
16 other provision of this Act, shall for a first offense be
17 guilty of a petty offense and fined not more than $500, and
18 for a second or subsequent offense shall be guilty of a Class
19 B misdemeanor.
20 (d) Each day any person engages in business as a
21 manufacturer, foreign importer, importing distributor,
22 distributor or retailer in violation of the provisions of
23 this Act shall constitute a separate offense.
24 (e) Any person, under the age of 21 years who, for the
25 purpose of buying, accepting or receiving alcoholic liquor
26 from a licensee, represents that he is 21 years of age or
27 over shall be guilty of a Class A misdemeanor.
28 (f) In addition to the penalties herein provided, any
29 person licensed as a wine-maker in either class who
30 manufactures more wine than authorized by his license shall
31 be guilty of a business offense and shall be fined $1 for
32 each gallon so manufactured.
33 (g) A person shall be exempt from prosecution for a
34 violation of this Act if he is a peace officer in the
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1 enforcement of the criminal laws and such activity is
2 approved in writing by one of the following:
3 (1) In all counties, the respective State's
4 Attorney;
5 (2) The Director of State Police under Section 55a
6 of The Civil Administrative Code of Illinois; or
7 (3) In cities over 1,000,000, the Superintendent of
8 Police.
9 (Source: P.A. 86-445.)
10 Section 99. Effective date. This Act takes effect
11 January 1, 1999.