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90_SB0910ham001
LRB9003325LDbdam
1 AMENDMENT TO SENATE BILL 910
2 AMENDMENT NO. . Amend Senate Bill 910 on page 4,
3 line 5, after "by" by inserting "changing Section 5-1 and"
4 on page 4, after line 9, by inserting the following:
5 "(235 ILCS 5/5-1) (from Ch. 43, par. 115)
6 Sec. 5-1. Licenses issued by the Illinois Liquor Control
7 Commission shall be of the following classes:
8 (a) Manufacturer's license - Class 1. Distiller, Class
9 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
10 Manufacturer, Class 5. Second Class Wine Manufacturer,
11 Class 6. First Class Winemaker, Class 7. Second Class
12 Winemaker, Class 8. Limited Wine Manufacturer,
13 (b) Distributor's license,
14 (c) Importing Distributor's license,
15 (d) Retailer's license,
16 (e) Special Event Retailer's license (not-for-profit),
17 (f) Railroad license,
18 (g) Boat license,
19 (h) Non-Beverage User's license,
20 (i) Wine-maker's retail license,
21 (j) Airplane license,
22 (k) Foreign importer's license,
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1 (l) Broker's license,
2 (m) Non-resident dealer's license,
3 (n) Brew Pub license,
4 (o) Auction liquor license,
5 (p) Caterer retailer license,
6 (q) Special use permit license.
7 Nothing in this provision, nor in any subsequent
8 provision of this Act shall be interpreted as forbidding an
9 individual or firm from concurrently obtaining and holding a
10 Winemaker's and a Wine manufacturer's license.
11 (a) A manufacturer's license shall allow the
12 manufacture, importation in bulk, storage, distribution and
13 sale of alcoholic liquor to persons without the State, as may
14 be permitted by law and to licensees in this State as
15 follows:
16 Class 1. A Distiller may make sales and deliveries of
17 alcoholic liquor to distillers, rectifiers, importing
18 distributors, distributors and non-beverage users and to no
19 other licensees.
20 Class 2. A Rectifier, who is not a distiller, as defined
21 herein, may make sales and deliveries of alcoholic liquor to
22 rectifiers, importing distributors, distributors, retailers
23 and non-beverage users and to no other licensees.
24 Class 3. A Brewer may make sales and deliveries of beer
25 to importing distributors, distributors, and to
26 non-licensees, and to retailers provided the brewer obtains
27 an importing distributor's license or distributor's license
28 in accordance with the provisions of this Act.
29 Class 4. A first class wine-manufacturer may make sales
30 and deliveries of between 40,000 and 50,000 gallons of wine
31 to manufacturers, importing distributors and distributors,
32 and to no other licensees.
33 Class 5. A second class Wine manufacturer may make sales
34 and deliveries of more than 50,000 gallons of wine to
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1 manufacturers, importing distributors and distributors and to
2 no other licensees.
3 Class 6. A first-class wine-maker's license shall allow
4 the manufacture of less than 20,000 gallons of wine per year,
5 and the storage and sale of such wine to distributors and
6 retailers in the State and to persons without the State, as
7 may be permitted by law.
8 Class 7. A second-class wine-maker's license shall allow
9 the manufacture of up to 50,000 gallons of wine per year, and
10 the storage and sale of such wine to distributors in this
11 State and to persons without the State, as may be permitted
12 by law. A second-class wine-maker's license shall allow the
13 sale of no more than 10,000 gallons of the licensee's wine
14 directly to retailers.
15 Class 8. A limited wine-manufacturer may make sales and
16 deliveries not to exceed 40,000 gallons of wine per year to
17 distributors, and to non-licensees in accordance with the
18 provisions of this Act.
19 (a-1) A manufacturer which is licensed in this State to
20 make sales or deliveries of alcoholic liquor and which
21 enlists agents, representatives, or individuals acting on its
22 behalf who contact licensed retailers on a regular and
23 continual basis in this State must register those agents,
24 representatives, or persons acting on its behalf with the
25 State Commission.
26 Registration of agents, representatives, or persons
27 acting on behalf of a manufacturer is fulfilled by submitting
28 a form to the Commission. The form shall be developed by the
29 Commission and shall include the name and address of the
30 applicant, the name and address of the manufacturer he or she
31 represents, the territory or areas assigned to sell to or
32 discuss pricing terms of alcoholic liquor, and any other
33 questions deemed appropriate and necessary. All statements
34 in the forms required to be made by law or by rule shall be
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1 deemed material, and any person who knowingly misstates any
2 material fact under oath in an application is guilty of a
3 Class B misdemeanor. Fraud, misrepresentation, false
4 statements, misleading statements, evasions, or suppression
5 of material facts in the securing of a registration are
6 grounds for suspension or revocation of the registration.
7 (b) A distributor's license shall allow the wholesale
8 purchase and storage of alcoholic liquors and sale of
9 alcoholic liquors to licensees in this State and to persons
10 without the State, as may be permitted by law.
11 (c) An importing distributor's license may be issued to
12 and held by those only who are duly licensed distributors,
13 upon the filing of an application by a duly licensed
14 distributor, with the Commission and the Commission shall,
15 without the payment of any fee, immediately issue such
16 importing distributor's license to the applicant, which shall
17 allow the importation of alcoholic liquor by the licensee
18 into this State from any point in the United States outside
19 this State, and the purchase of alcoholic liquor in barrels,
20 casks or other bulk containers and the bottling of such
21 alcoholic liquors before resale thereof, but all bottles or
22 containers so filled shall be sealed, labeled, stamped and
23 otherwise made to comply with all provisions, rules and
24 regulations governing manufacturers in the preparation and
25 bottling of alcoholic liquors. The importing distributor's
26 license shall permit such licensee to purchase alcoholic
27 liquor from Illinois licensed non-resident dealers and
28 foreign importers only.
29 (d) A retailer's license shall allow the licensee to
30 sell and offer for sale at retail, only in the premises
31 specified in such license, alcoholic liquor for use or
32 consumption, but not for resale in any form: Provided that
33 any retail license issued to a manufacturer shall only permit
34 such manufacturer to sell beer at retail on the premises
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1 actually occupied by such manufacturer.
2 After January 1, 1995 there shall be 2 classes of
3 licenses issued under a retailers license.
4 (1) A "retailers on premise consumption license"
5 shall allow the licensee to sell and offer for sale at
6 retail, only on the premises specified in the license,
7 alcoholic liquor for use or consumption on the premises
8 or on and off the premises, but not for resale in any
9 form.
10 (2) An "off premise sale license" shall allow the
11 licensee to sell, or offer for sale at retail, alcoholic
12 liquor intended only for off premise consumption and not
13 for resale in any form.
14 Notwithstanding any other provision of this subsection
15 (d), a retail licensee may sell alcoholic liquors to a
16 special event retailer licensee for resale to the extent
17 permitted under subsection (e).
18 (e) A special event retailer's license (not-for-profit)
19 shall permit the licensee to purchase alcoholic liquors from
20 an Illinois licensed distributor (unless the licensee
21 purchases less than $500 of alcoholic liquors for the special
22 event, in which case the licensee may purchase the alcoholic
23 liquors from a licensed retailer) and shall allow the
24 licensee to sell and offer for sale, at retail, alcoholic
25 liquors for use or consumption, but not for resale in any
26 form and only at the location and on the specific dates
27 designated for the special event in the license. An
28 applicant for a special event retailer license must also
29 submit with the application proof satisfactory to the State
30 Commission that the applicant will provide dram shop
31 liability insurance in the maximum limits and have local
32 authority approval.
33 (f) A railroad license shall permit the licensee to
34 import alcoholic liquors into this State from any point in
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1 the United States outside this State and to store such
2 alcoholic liquors in this State; to make wholesale purchases
3 of alcoholic liquors directly from manufacturers, foreign
4 importers, distributors and importing distributors from
5 within or outside this State; and to store such alcoholic
6 liquors in this State; provided that the above powers may be
7 exercised only in connection with the importation, purchase
8 or storage of alcoholic liquors to be sold or dispensed on a
9 club, buffet, lounge or dining car operated on an electric,
10 gas or steam railway in this State; and provided further,
11 that railroad licensees exercising the above powers shall be
12 subject to all provisions of Article VIII of this Act as
13 applied to importing distributors. A railroad license shall
14 also permit the licensee to sell or dispense alcoholic
15 liquors on any club, buffet, lounge or dining car operated on
16 an electric, gas or steam railway regularly operated by a
17 common carrier in this State, but shall not permit the sale
18 for resale of any alcoholic liquors to any licensee within
19 this State. A license shall be obtained for each car in
20 which such sales are made.
21 (g) A boat license shall allow the sale of alcoholic
22 liquor in individual drinks, on any passenger boat regularly
23 operated as a common carrier on navigable waters in this
24 State, which boat maintains a public dining room or
25 restaurant thereon.
26 (h) A non-beverage user's license shall allow the
27 licensee to purchase alcoholic liquor from a licensed
28 manufacturer or importing distributor, without the imposition
29 of any tax upon the business of such licensed manufacturer or
30 importing distributor as to such alcoholic liquor to be used
31 by such licensee solely for the non-beverage purposes set
32 forth in subsection (a) of Section 8-1 of this Act, and such
33 licenses shall be divided and classified and shall permit the
34 purchase, possession and use of limited and stated quantities
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1 of alcoholic liquor as follows:
2 Class 1, not to exceed ....................... 500 gallons
3 Class 2, not to exceed ....................... 1,000 gallons
4 Class 3, not to exceed ....................... 5,000 gallons
5 Class 4, not to exceed ....................... 10,000 gallons
6 Class 5, not to exceed ....................... 50,000 gallons
7 (i) A wine-maker's retail license shall allow the
8 licensee to sell and offer for sale at retail in the premises
9 specified in such license not more than 50,000 gallons of
10 wine per year for use or consumption, but not for resale in
11 any form; this license shall be issued only to a person
12 licensed as a first-class or second-class wine-maker. A
13 wine-maker's retail licensee, upon receiving permission from
14 the Commission, may conduct business at a second location
15 that is separate from the location specified in its
16 wine-maker's retail license. The licensee may conduct any
17 business at the second location that it is authorized to
18 conduct at the location specified in its license, except for
19 the manufacturing and bottling of wine.
20 (j) An airplane license shall permit the licensee to
21 import alcoholic liquors into this State from any point in
22 the United States outside this State and to store such
23 alcoholic liquors in this State; to make wholesale purchases
24 of alcoholic liquors directly from manufacturers, foreign
25 importers, distributors and importing distributors from
26 within or outside this State; and to store such alcoholic
27 liquors in this State; provided that the above powers may be
28 exercised only in connection with the importation, purchase
29 or storage of alcoholic liquors to be sold or dispensed on an
30 airplane; and provided further, that airplane licensees
31 exercising the above powers shall be subject to all
32 provisions of Article VIII of this Act as applied to
33 importing distributors. An airplane licensee shall also
34 permit the sale or dispensing of alcoholic liquors on any
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1 passenger airplane regularly operated by a common carrier in
2 this State, but shall not permit the sale for resale of any
3 alcoholic liquors to any licensee within this State. A
4 single airplane license shall be required of an airline
5 company if liquor service is provided on board aircraft in
6 this State. The annual fee for such license shall be as
7 determined in Section 5-3.
8 (k) A foreign importer's license shall permit such
9 licensee to purchase alcoholic liquor from Illinois licensed
10 non-resident dealers only, and to import alcoholic liquor
11 other than in bulk from any point outside the United States
12 and to sell such alcoholic liquor to Illinois licensed
13 importing distributors and to no one else in Illinois.
14 (l) A broker's license shall be required of all brokers
15 who solicit orders for, offer to sell or offer to supply
16 alcoholic liquor to retailers in the State of Illinois, or
17 who offer to retailers to ship or cause to be shipped or to
18 make contact with distillers, rectifiers, brewers or
19 manufacturers or any other party within or without the State
20 of Illinois in order that alcoholic liquors be shipped to a
21 distributor, importing distributor or foreign importer,
22 whether such solicitation or offer is consummated within or
23 without the State of Illinois.
24 No holder of a retailer's license issued by the Illinois
25 Liquor Control Commission shall purchase or receive any
26 alcoholic liquor, the order for which was solicited or
27 offered for sale to such retailer by a broker unless the
28 broker is the holder of a valid broker's license.
29 The broker shall, upon the acceptance by a retailer of
30 the broker's solicitation of an order or offer to sell or
31 supply or deliver or have delivered alcoholic liquors,
32 promptly forward to the Illinois Liquor Control Commission a
33 notification of said transaction in such form as the
34 Commission may by regulations prescribe.
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1 Such license shall not entitle the holder to buy or sell
2 any alcoholic liquors for his own account or to take or
3 deliver title to such alcoholic liquors.
4 This subsection shall not apply to distributors,
5 employees of distributors, or employees of a manufacturer who
6 has registered the trademark, brand or name of the alcoholic
7 liquor pursuant to Section 6-9 of this Act, and who regularly
8 sells such alcoholic liquor in the State of Illinois only to
9 its registrants thereunder.
10 Any agent, representative, or person subject to
11 registration pursuant to subsection (a-1) of this Section
12 shall not be eligible to receive a broker's license.
13 (m) A non-resident dealer's license shall permit such
14 licensee to ship into and warehouse alcoholic liquor into
15 this State from any point outside of this State, and to sell
16 such alcoholic liquor to Illinois licensed foreign importers
17 and importing distributors and to no one else in this State;
18 provided that said non-resident dealer shall register with
19 the Illinois Liquor Control Commission each and every brand
20 of alcoholic liquor which it proposes to sell to Illinois
21 licensees during the license period; and further provided
22 that it shall comply with all of the provisions of Section
23 6-9 hereof with respect to registration of such Illinois
24 licensees as may be granted the right to sell such brands at
25 wholesale.
26 (n) A brew pub license shall allow the licensee to
27 manufacture beer only on the premises specified in the
28 license, to make sales of the beer manufactured on the
29 premises to importing distributors, distributors, and to
30 non-licensees for use and consumption, to store the beer upon
31 the premises, and to sell and offer for sale at retail.
32 (o) A caterer retailer license shall allow the holder to
33 serve alcoholic liquors as an incidental part of a food
34 service that serves prepared meals which excludes the serving
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1 of snacks as the primary meal, either on or off-site whether
2 licensed or unlicensed.
3 (p) An auction liquor license shall allow the licensee
4 to sell and offer for sale at auction wine and spirits for
5 use or consumption, or for resale by an Illinois liquor
6 licensee in accordance with provisions of this Act. An
7 auction liquor license will be issued to a person and it will
8 permit the auction liquor licensee to hold the auction
9 anywhere in the State. An auction liquor license must be
10 obtained for each auction at least 14 days in advance of the
11 auction date.
12 (q) A special use permit license shall allow an Illinois
13 licensed retailer to transfer a portion of its alcoholic
14 liquor inventory from its retail licensed premises to the
15 premises specified in the license hereby created, and to sell
16 or offer for sale at retail, only in the premises specified
17 in the license hereby created, the transferred alcoholic
18 liquor for use or consumption, but not for resale in any
19 form. A special use permit license may be granted for the
20 following time periods: one day or less; 2 or more days to a
21 maximum of 15 days per location in any 12 month period. An
22 applicant for the special use permit license must also submit
23 with the application proof satisfactory to the State
24 Commission that the applicant will provide dram shop
25 liability insurance to the maximum limits and have local
26 authority approval.
27 (Source: P.A. 88-91; 88-303; 88-535; 88-645, eff. 9-9-94;
28 89-45, eff. 6-23-95; 89-218, eff. 1-1-96; 89-626, eff.
29 8-9-96.)".