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90_HB3030sam002
LRB9009516LDdvam06
1 AMENDMENT TO HOUSE BILL 3030
2 AMENDMENT NO. . Amend House Bill 3030 on page 1,
3 line 2, by replacing "Section 5-1" with "Sections 5-1, 6-9,
4 and 7-1"; and
5 on page 1, line 6, by replacing "Section 5-1" with "Sections
6 5-1, 6-9, and 7-1"; and
7 on page 5, line 21, by replacing "(i) show" with the
8 following:
9 "(i) furnish with the application: (A) a resale number
10 issued under Section 2c of the Retailers' Occupation Tax Act
11 or evidence that the applicant is registered under Section 2a
12 of the Retailers' Occupation Tax Act, (B) a current, valid
13 exemption identification number issued under Section 1g of
14 the Retailers' Occupation Tax Act, and a certification to the
15 Commission that the purchase of alcoholic liquors will be a
16 tax-exempt purchase, or (C) a statement that the applicant is
17 not registered under Section 2a of the Retailers' Occupation
18 Tax Act, does not hold a resale number under Section 2c of
19 the Retailers' Occupation Tax Act, and does not hold an
20 exemption number under Section 1g of the Retailers'
21 Occupation Tax Act, in which event the Commission shall set
22 forth on the special event retailer's license a statement to
23 that effect;"; and
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1 on page 5, by deleting lines 22 through 30; and
2 on page 11, by inserting the following immediately after line
3 4:
4 "(235 ILCS 5/6-9) (from Ch. 43, par. 126)
5 Sec. 6-9. Registration of trade marks; sale within
6 geographical area; delivery to authorized persons. The
7 Legislature hereby finds and declares that for purposes of
8 ensuring the preservation and enhancement of interbrand
9 competition in the alcoholic liquor industry within the
10 State, ensuring that importation and distribution of
11 alcoholic liquor in the State will be subject to thorough and
12 inexpensive monitoring by the State, reducing the importation
13 of illicit or untaxed alcoholic liquor into the State,
14 excluding misbranded alcoholic liquor products from the
15 State, providing incentives to distributors to service and
16 sell to larger numbers of retail licensees in the geographic
17 area where such distributors are engaged in business, and
18 reducing the amount of spoiled and overaged alcoholic liquor
19 products sold to consumers, it is necessary to restrict the
20 purchase of alcoholic liquors at wholesale in the State to
21 those persons selected by the manufacturer, distributor,
22 importing distributor or foreign importer who owns or
23 controls the trade mark, brand or name of the alcoholic
24 liquor products sold to such persons, and to restrict the
25 geographic area or areas within which such persons sell such
26 alcoholic liquor at wholesale, as provided in this Section.
27 Each manufacturer, non-resident dealer, distributor,
28 importing distributor, or foreign importer who owns or
29 controls the trade mark, brand or name of any alcoholic
30 liquor shall register with the State Commission, in the
31 Chicago office, on or before the effective date, the name of
32 each person to whom such manufacturer, non-resident dealer,
33 distributor, importing distributor, or foreign importer
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1 grants the right to sell at wholesale in this State any such
2 alcoholic liquor, specifying the particular trade mark, brand
3 or name of alcoholic liquor as to which such right is
4 granted, the geographical area or areas for which such right
5 is granted and the period of time for which such rights are
6 granted to such person. Each manufacturer, non-resident
7 dealer, distributor or importing distributor, or foreign
8 importer who is required to register under this Section must
9 furnish a copy of the registration statement at the time of
10 appointment to the person who has been granted the right to
11 sell alcoholic liquor at wholesale. Such manufacturer,
12 non-resident dealer, distributor, importing distributor, or
13 foreign importer may grant the right to sell at wholesale any
14 trade mark, brand or name of any alcoholic liquor in any
15 geographical area to more than one person. If the
16 registration is received after the effective date, the
17 Commission shall treat the date the registration was received
18 in the Chicago office as the effective date. Such
19 registration shall be made on a form prescribed by the State
20 Commission and the State Commission may require such
21 registration to be on a form provided by it. No such
22 registration shall be made by any other person or in any
23 other manner than as is provided in this Section and only
24 those persons registered by the manufacturer, non-resident
25 dealer, distributor, importing distributor or foreign
26 importer, shall have the right to sell at wholesale in this
27 State, the brand of alcoholic liquor specified on the
28 registration form.
29 However, a licensed Illinois distributor who has not been
30 registered to sell a brand of alcoholic liquor, but for a
31 period of 2 years prior to November 8, 1979 has been engaged
32 in the purchase of a brand for resale from a licensed
33 Illinois distributor who has the right to sell that brand at
34 wholesale, may continue to purchase and resell the brand at
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1 wholesale, and may purchase from the same distributor and
2 resell at wholesale any new brands of the same manufacturer,
3 provided that:
4 (1) Within 60 days after November 8, 1979 he
5 identifies the brand which he so purchased to the State
6 Commission and the Commission within 30 days thereafter
7 verifies that the purchases have occurred;
8 (2) Thereafter, he notifies the State Commission in
9 writing of any brands of the same manufacturer which he
10 wishes to purchase from the same distributor that were
11 not available for distribution on or before November 8,
12 1979, and that the Commission within 30 days of such
13 notification verifies that the brand is a new brand of
14 the same manufacturer, and that the same licensed
15 Illinois distributor has the right to sell the new brand
16 at wholesale;
17 (3) His licensed business address is within the
18 geographical area for which the licensed Illinois
19 distributor from whom the purchases are made has the
20 right to sell said brand or brands of alcoholic liquor;
21 and
22 (4) His sales are made within the geographical area
23 for which the licensed Illinois distributor from whom the
24 purchases are made has the right to sell the brand or
25 brands of alcoholic liquor and only to retail licensees
26 whose licensed premises are located within the
27 aforementioned geographical area.
28 No person to whom such right is granted shall sell at
29 wholesale in this State any alcoholic liquor bearing such
30 trade mark, brand or name outside of the geographical area
31 for which such person holds such selling right, as registered
32 with the State Commission, nor shall he sell such alcoholic
33 liquor within such geographical area to a retail licensee if
34 the premises specified in such retailer's license are located
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1 outside such geographical area. Any licensed Illinois
2 distributor who has not been granted the right to sell any
3 alcoholic liquor at wholesale and is purchasing alcoholic
4 liquor from a person who has been granted the right to sell
5 at wholesale may sell and deliver only to retail licensees
6 whose licensed premises are within the same geographical area
7 as the person who has been granted the right to sell at
8 wholesale.
9 No manufacturer, importing distributor, distributor,
10 non-resident dealer, or foreign importer shall sell or
11 deliver any package containing alcoholic liquor manufactured
12 or distributed by him for resale, unless the person to whom
13 such package is sold or delivered is authorized to receive
14 such package in accordance with the provisions of this Act.
15 (Source: P.A. 89-250, eff. 1-1-96.)
16 (235 ILCS 5/7-1) (from Ch. 43, par. 145)
17 Sec. 7-1. An applicant for a retail license from the
18 State Commission shall submit to the State Commission an
19 application in writing under oath stating:
20 (1) The applicant's name and mailing address;
21 (2) The name and address of the applicant's
22 business;
23 (3) If applicable, the date of the filing of the
24 "assumed name" of the business with the County Clerk;
25 (4) In case of a copartnership, the date of the
26 formation of the partnership; in the case of an Illinois
27 corporation, the date of its incorporation; or in the
28 case of a foreign corporation, the State where it was
29 incorporated and the date of its becoming qualified under
30 the Business Corporation Act of 1983 to transact business
31 in the State of Illinois;
32 (5) The number, the date of issuance and the date
33 of expiration of the applicant's current local retail
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1 liquor license;
2 (6) The name of the city, village, or county that
3 issued the local retail liquor license;
4 (7) The name and address of the landlord if the
5 premises are leased;
6 (8) The date of the applicant's first request for a
7 State liquor license and whether it was granted, denied
8 or withdrawn;
9 (9) The address of the applicant when the first
10 application for a State liquor license was made;
11 (10) The applicant's current State liquor license
12 number;
13 (11) The date the applicant began liquor sales at
14 his place of business;
15 (12) The address of the applicant's warehouse if he
16 warehouses liquor;
17 (13) The applicant's Retailer's Occupation Tax
18 (ROT) Registration Number;
19 (14) The applicant's document locater number on his
20 Federal Special Tax Stamp;
21 (15) Whether the applicant is delinquent in the
22 payment of the Retailer's Occupational Tax (Sales Tax),
23 and if so, the reasons therefor;
24 (16) Whether the applicant is delinquent under the
25 cash beer law, and if so, the reasons therefor;
26 (17) In the case of a retailer, whether he is
27 delinquent under the 30 day credit law, and if so, the
28 reasons therefor;
29 (18) In the case of a distributor, whether he is
30 delinquent under the 15 day credit law, and if so, the
31 reasons therefor;
32 (19) Whether the applicant has made an application
33 for a liquor license which has been denied, and if so,
34 the reasons therefor;
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1 (20) Whether the applicant has ever had any
2 previous liquor license suspended or revoked, and if so,
3 the reasons therefor;
4 (21) Whether the applicant has ever been convicted
5 of a gambling offense or felony, and if so, the
6 particulars thereof;
7 (22) Whether the applicant possesses a current
8 Federal Wagering Stamp, and if so, the reasons therefor;
9 (23) Whether the applicant, or any other person,
10 directly in his place of business is a public official,
11 and if so, the particulars thereof;
12 (24) The applicant's name, sex, date of birth,
13 social security number, position and percentage of
14 ownership in the business; and the name, sex, date of
15 birth, social security number, position and percentage of
16 ownership in the business of every sole owner, partner,
17 corporate officer, director, manager and any person who
18 owns 5% or more of the shares of the applicant business
19 entity or parent corporations of the applicant business
20 entity.
21 (25) That he has not received or borrowed money or
22 anything else of value, and that he will not receive or
23 borrow money or anything else of value (other than
24 merchandising credit in the ordinary course of business
25 for a period not to exceed 90 days as herein expressly
26 permitted under Section 6-5 hereof), directly or
27 indirectly, from any manufacturer, importing distributor
28 or distributor or from any representative of any such
29 manufacturer, importing distributor or distributor, nor
30 be a party in any way, directly or indirectly, to any
31 violation by a manufacturer, distributor or importing
32 distributor of Section 6-6 of this Act.
33 In addition to any other requirement of this Section, an
34 applicant for a special use permit license and a special
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1 event retailer's license shall also submit (A) proof
2 satisfactory to the Commission that the applicant has a
3 resale number issued under Section 2c of the Retailer's
4 Occupation Tax Act or that the applicant is registered under
5 Section 2a of the Retailer's Occupation Tax Act, (B) proof
6 satisfactory to the Commission that the applicant has a
7 current, valid exemption identification number issued under
8 Section 1g of the Retailers' Occupation Tax Act and a
9 certification to the Commission that the purchase of
10 alcoholic liquors will be a tax-exempt purchase, or (C) a
11 statement that the applicant is not registered under Section
12 2a of the Retailers' Occupation Tax Act, does not hold a
13 resale number under Section 2c of the Retailers' Occupation
14 Tax Act, and does not hold an exemption number under Section
15 1g of the Retailers' Occupation Tax Act. The applicant shall
16 also submit proof of adequate dram shop insurance for the
17 special event prior to being issued a license.
18 In addition to the foregoing information, such
19 application shall contain such other and further information
20 as the State Commission and the local commission may, by rule
21 or regulation not inconsistent with law, prescribe.
22 If the applicant reports a felony conviction as required
23 under paragraph (21) of this Section, such conviction may be
24 considered by the Commission in determining qualifications
25 for licensing, but shall not operate as a bar to licensing.
26 If said application is made in behalf of a partnership,
27 firm, association, club or corporation, then the same shall
28 be signed by one member of such partnership or the president
29 or secretary of such corporation or an authorized agent of
30 said partnership or corporation.
31 All other applications shall be on forms prescribed by
32 the State Commission, and which may exclude any of the above
33 requirements which the State Commission rules to be
34 inapplicable.
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1 (Source: P.A. 88-91; 89-250, eff. 1-1-96.)".