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| [ Senate Amendment 001 ] |
90_SB1326
235 ILCS 5/5-1 from Ch. 43, par. 115
Amends the Liquor Control Act of 1934. Provides that an
applicant for a special event retailer's license must, in
addition to current requirements, (i) show proof that the
applicant is a valid educational, fraternal, political,
civic, religious, or non-profit organization, (ii) not hold a
retailer's license, (iii) not have received more than 3
special event retailer's licenses in the prior 12 months, and
(iv) show proof to the State Commission that it has obtained
local authority approval. Effective immediately.
LRB9009516LDdvA
LRB9009516LDdvA
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 5-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Section 5-1 as follows:
7 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
8 Sec. 5-1. Licenses issued by the Illinois Liquor Control
9 Commission shall be of the following classes:
10 (a) Manufacturer's license - Class 1. Distiller, Class
11 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
12 Manufacturer, Class 5. Second Class Wine Manufacturer,
13 Class 6. First Class Winemaker, Class 7. Second Class
14 Winemaker, Class 8. Limited Wine Manufacturer,
15 (b) Distributor's license,
16 (c) Importing Distributor's license,
17 (d) Retailer's license,
18 (e) Special Event Retailer's license (not-for-profit),
19 (f) Railroad license,
20 (g) Boat license,
21 (h) Non-Beverage User's license,
22 (i) Wine-maker's retail license,
23 (j) Airplane license,
24 (k) Foreign importer's license,
25 (l) Broker's license,
26 (m) Non-resident dealer's license,
27 (n) Brew Pub license,
28 (o) Auction liquor license,
29 (p) Caterer retailer license,
30 (q) Special use permit license.
31 Nothing in this provision, nor in any subsequent
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1 provision of this Act shall be interpreted as forbidding an
2 individual or firm from concurrently obtaining and holding a
3 Winemaker's and a Wine manufacturer's license.
4 (a) A manufacturer's license shall allow the
5 manufacture, importation in bulk, storage, distribution and
6 sale of alcoholic liquor to persons without the State, as may
7 be permitted by law and to licensees in this State as
8 follows:
9 Class 1. A Distiller may make sales and deliveries of
10 alcoholic liquor to distillers, rectifiers, importing
11 distributors, distributors and non-beverage users and to no
12 other licensees.
13 Class 2. A Rectifier, who is not a distiller, as defined
14 herein, may make sales and deliveries of alcoholic liquor to
15 rectifiers, importing distributors, distributors, retailers
16 and non-beverage users and to no other licensees.
17 Class 3. A Brewer may make sales and deliveries of beer
18 to importing distributors, distributors, and to
19 non-licensees, and to retailers provided the brewer obtains
20 an importing distributor's license or distributor's license
21 in accordance with the provisions of this Act.
22 Class 4. A first class wine-manufacturer may make sales
23 and deliveries of between 40,000 and 50,000 gallons of wine
24 to manufacturers, importing distributors and distributors,
25 and to no other licensees.
26 Class 5. A second class Wine manufacturer may make sales
27 and deliveries of more than 50,000 gallons of wine to
28 manufacturers, importing distributors and distributors and to
29 no other licensees.
30 Class 6. A first-class wine-maker's license shall allow
31 the manufacture of less than 20,000 gallons of wine per year,
32 and the storage and sale of such wine to distributors and
33 retailers in the State and to persons without the State, as
34 may be permitted by law.
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1 Class 7. A second-class wine-maker's license shall allow
2 the manufacture of up to 50,000 gallons of wine per year, and
3 the storage and sale of such wine to distributors in this
4 State and to persons without the State, as may be permitted
5 by law. A second-class wine-maker's license shall allow the
6 sale of no more than 10,000 gallons of the licensee's wine
7 directly to retailers.
8 Class 8. A limited wine-manufacturer may make sales and
9 deliveries not to exceed 40,000 gallons of wine per year to
10 distributors, and to non-licensees in accordance with the
11 provisions of this Act.
12 (a-1) A manufacturer which is licensed in this State to
13 make sales or deliveries of alcoholic liquor and which
14 enlists agents, representatives, or individuals acting on its
15 behalf who contact licensed retailers on a regular and
16 continual basis in this State must register those agents,
17 representatives, or persons acting on its behalf with the
18 State Commission.
19 Registration of agents, representatives, or persons
20 acting on behalf of a manufacturer is fulfilled by submitting
21 a form to the Commission. The form shall be developed by the
22 Commission and shall include the name and address of the
23 applicant, the name and address of the manufacturer he or she
24 represents, the territory or areas assigned to sell to or
25 discuss pricing terms of alcoholic liquor, and any other
26 questions deemed appropriate and necessary. All statements
27 in the forms required to be made by law or by rule shall be
28 deemed material, and any person who knowingly misstates any
29 material fact under oath in an application is guilty of a
30 Class B misdemeanor. Fraud, misrepresentation, false
31 statements, misleading statements, evasions, or suppression
32 of material facts in the securing of a registration are
33 grounds for suspension or revocation of the registration.
34 (b) A distributor's license shall allow the wholesale
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1 purchase and storage of alcoholic liquors and sale of
2 alcoholic liquors to licensees in this State and to persons
3 without the State, as may be permitted by law.
4 (c) An importing distributor's license may be issued to
5 and held by those only who are duly licensed distributors,
6 upon the filing of an application by a duly licensed
7 distributor, with the Commission and the Commission shall,
8 without the payment of any fee, immediately issue such
9 importing distributor's license to the applicant, which shall
10 allow the importation of alcoholic liquor by the licensee
11 into this State from any point in the United States outside
12 this State, and the purchase of alcoholic liquor in barrels,
13 casks or other bulk containers and the bottling of such
14 alcoholic liquors before resale thereof, but all bottles or
15 containers so filled shall be sealed, labeled, stamped and
16 otherwise made to comply with all provisions, rules and
17 regulations governing manufacturers in the preparation and
18 bottling of alcoholic liquors. The importing distributor's
19 license shall permit such licensee to purchase alcoholic
20 liquor from Illinois licensed non-resident dealers and
21 foreign importers only.
22 (d) A retailer's license shall allow the licensee to
23 sell and offer for sale at retail, only in the premises
24 specified in such license, alcoholic liquor for use or
25 consumption, but not for resale in any form: Provided that
26 any retail license issued to a manufacturer shall only permit
27 such manufacturer to sell beer at retail on the premises
28 actually occupied by such manufacturer.
29 After January 1, 1995 there shall be 2 classes of
30 licenses issued under a retailers license.
31 (1) A "retailers on premise consumption license"
32 shall allow the licensee to sell and offer for sale at
33 retail, only on the premises specified in the license,
34 alcoholic liquor for use or consumption on the premises
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1 or on and off the premises, but not for resale in any
2 form.
3 (2) An "off premise sale license" shall allow the
4 licensee to sell, or offer for sale at retail, alcoholic
5 liquor intended only for off premise consumption and not
6 for resale in any form.
7 Notwithstanding any other provision of this subsection
8 (d), a retail licensee may sell alcoholic liquors to a
9 special event retailer licensee for resale to the extent
10 permitted under subsection (e).
11 (e) A special event retailer's license (not-for-profit)
12 shall permit the licensee to purchase alcoholic liquors from
13 an Illinois licensed distributor (unless the licensee
14 purchases less than $500 of alcoholic liquors for the special
15 event, in which case the licensee may purchase the alcoholic
16 liquors from a licensed retailer) and shall allow the
17 licensee to sell and offer for sale, at retail, alcoholic
18 liquors for use or consumption, but not for resale in any
19 form and only at the location and on the specific dates
20 designated for the special event in the license. An
21 applicant for a special event retailer license must (i) show
22 proof satisfactory to the State Commission that the applicant
23 is a valid educational, fraternal, political, civic,
24 religious, or non-profit organization by submitting with the
25 application a certified copy of the not-for-profit
26 corporation certificate filed with the Secretary of State's
27 Office or by submitting a certified copy of the association,
28 trust, partnership, or other organization documents including
29 federal or State identification and tax numbers; (ii) not
30 hold a retailer's license; (iii) not have received more than
31 3 special event retailer's licenses in the prior 12 months;
32 (iv) also submit with the application proof satisfactory to
33 the State Commission that the applicant will provide dram
34 shop liability insurance in the maximum limits and (v) show
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1 proof satisfactory to the State Commission that the applicant
2 has obtained have local authority approval.
3 (f) A railroad license shall permit the licensee to
4 import alcoholic liquors into this State from any point in
5 the United States outside this State and to store such
6 alcoholic liquors in this State; to make wholesale purchases
7 of alcoholic liquors directly from manufacturers, foreign
8 importers, distributors and importing distributors from
9 within or outside this State; and to store such alcoholic
10 liquors in this State; provided that the above powers may be
11 exercised only in connection with the importation, purchase
12 or storage of alcoholic liquors to be sold or dispensed on a
13 club, buffet, lounge or dining car operated on an electric,
14 gas or steam railway in this State; and provided further,
15 that railroad licensees exercising the above powers shall be
16 subject to all provisions of Article VIII of this Act as
17 applied to importing distributors. A railroad license shall
18 also permit the licensee to sell or dispense alcoholic
19 liquors on any club, buffet, lounge or dining car operated on
20 an electric, gas or steam railway regularly operated by a
21 common carrier in this State, but shall not permit the sale
22 for resale of any alcoholic liquors to any licensee within
23 this State. A license shall be obtained for each car in
24 which such sales are made.
25 (g) A boat license shall allow the sale of alcoholic
26 liquor in individual drinks, on any passenger boat regularly
27 operated as a common carrier on navigable waters in this
28 State, which boat maintains a public dining room or
29 restaurant thereon.
30 (h) A non-beverage user's license shall allow the
31 licensee to purchase alcoholic liquor from a licensed
32 manufacturer or importing distributor, without the imposition
33 of any tax upon the business of such licensed manufacturer or
34 importing distributor as to such alcoholic liquor to be used
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1 by such licensee solely for the non-beverage purposes set
2 forth in subsection (a) of Section 8-1 of this Act, and such
3 licenses shall be divided and classified and shall permit the
4 purchase, possession and use of limited and stated quantities
5 of alcoholic liquor as follows:
6 Class 1, not to exceed ....................... 500 gallons
7 Class 2, not to exceed ....................... 1,000 gallons
8 Class 3, not to exceed ....................... 5,000 gallons
9 Class 4, not to exceed ....................... 10,000 gallons
10 Class 5, not to exceed ....................... 50,000 gallons
11 (i) A wine-maker's retail license shall allow the
12 licensee to sell and offer for sale at retail in the premises
13 specified in such license not more than 50,000 gallons of
14 wine per year for use or consumption, but not for resale in
15 any form; this license shall be issued only to a person
16 licensed as a first-class or second-class wine-maker. A
17 wine-maker's retail licensee, upon receiving permission from
18 the Commission, may conduct business at a second location
19 that is separate from the location specified in its
20 wine-maker's retail license. One wine-maker's retail
21 license-second location may be issued to a wine-maker's
22 retail licensee allowing the licensee to sell and offer for
23 sale at retail in the premises specified in the wine-maker's
24 retail license-second location up to 50,000 gallons of wine
25 that was produced at the licensee's first location per year
26 for use and consumption and not for resale.
27 (j) An airplane license shall permit the licensee to
28 import alcoholic liquors into this State from any point in
29 the United States outside this State and to store such
30 alcoholic liquors in this State; to make wholesale purchases
31 of alcoholic liquors directly from manufacturers, foreign
32 importers, distributors and importing distributors from
33 within or outside this State; and to store such alcoholic
34 liquors in this State; provided that the above powers may be
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1 exercised only in connection with the importation, purchase
2 or storage of alcoholic liquors to be sold or dispensed on an
3 airplane; and provided further, that airplane licensees
4 exercising the above powers shall be subject to all
5 provisions of Article VIII of this Act as applied to
6 importing distributors. An airplane licensee shall also
7 permit the sale or dispensing of alcoholic liquors on any
8 passenger airplane regularly operated by a common carrier in
9 this State, but shall not permit the sale for resale of any
10 alcoholic liquors to any licensee within this State. A
11 single airplane license shall be required of an airline
12 company if liquor service is provided on board aircraft in
13 this State. The annual fee for such license shall be as
14 determined in Section 5-3.
15 (k) A foreign importer's license shall permit such
16 licensee to purchase alcoholic liquor from Illinois licensed
17 non-resident dealers only, and to import alcoholic liquor
18 other than in bulk from any point outside the United States
19 and to sell such alcoholic liquor to Illinois licensed
20 importing distributors and to no one else in Illinois.
21 (l) A broker's license shall be required of all brokers
22 who solicit orders for, offer to sell or offer to supply
23 alcoholic liquor to retailers in the State of Illinois, or
24 who offer to retailers to ship or cause to be shipped or to
25 make contact with distillers, rectifiers, brewers or
26 manufacturers or any other party within or without the State
27 of Illinois in order that alcoholic liquors be shipped to a
28 distributor, importing distributor or foreign importer,
29 whether such solicitation or offer is consummated within or
30 without the State of Illinois.
31 No holder of a retailer's license issued by the Illinois
32 Liquor Control Commission shall purchase or receive any
33 alcoholic liquor, the order for which was solicited or
34 offered for sale to such retailer by a broker unless the
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1 broker is the holder of a valid broker's license.
2 The broker shall, upon the acceptance by a retailer of
3 the broker's solicitation of an order or offer to sell or
4 supply or deliver or have delivered alcoholic liquors,
5 promptly forward to the Illinois Liquor Control Commission a
6 notification of said transaction in such form as the
7 Commission may by regulations prescribe.
8 Such license shall not entitle the holder to buy or sell
9 any alcoholic liquors for his own account or to take or
10 deliver title to such alcoholic liquors.
11 This subsection shall not apply to distributors,
12 employees of distributors, or employees of a manufacturer who
13 has registered the trademark, brand or name of the alcoholic
14 liquor pursuant to Section 6-9 of this Act, and who regularly
15 sells such alcoholic liquor in the State of Illinois only to
16 its registrants thereunder.
17 Any agent, representative, or person subject to
18 registration pursuant to subsection (a-1) of this Section
19 shall not be eligible to receive a broker's license.
20 (m) A non-resident dealer's license shall permit such
21 licensee to ship into and warehouse alcoholic liquor into
22 this State from any point outside of this State, and to sell
23 such alcoholic liquor to Illinois licensed foreign importers
24 and importing distributors and to no one else in this State;
25 provided that said non-resident dealer shall register with
26 the Illinois Liquor Control Commission each and every brand
27 of alcoholic liquor which it proposes to sell to Illinois
28 licensees during the license period; and further provided
29 that it shall comply with all of the provisions of Section
30 6-9 hereof with respect to registration of such Illinois
31 licensees as may be granted the right to sell such brands at
32 wholesale.
33 (n) A brew pub license shall allow the licensee to
34 manufacture beer only on the premises specified in the
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1 license, to make sales of the beer manufactured on the
2 premises to importing distributors, distributors, and to
3 non-licensees for use and consumption, to store the beer upon
4 the premises, and to sell and offer for sale at retail from
5 the licensed premises, provided that a brew pub licensee
6 shall not sell for off-premises consumption more than 50,000
7 gallons per year.
8 (o) A caterer retailer license shall allow the holder to
9 serve alcoholic liquors as an incidental part of a food
10 service that serves prepared meals which excludes the serving
11 of snacks as the primary meal, either on or off-site whether
12 licensed or unlicensed.
13 (p) An auction liquor license shall allow the licensee
14 to sell and offer for sale at auction wine and spirits for
15 use or consumption, or for resale by an Illinois liquor
16 licensee in accordance with provisions of this Act. An
17 auction liquor license will be issued to a person and it will
18 permit the auction liquor licensee to hold the auction
19 anywhere in the State. An auction liquor license must be
20 obtained for each auction at least 14 days in advance of the
21 auction date.
22 (q) A special use permit license shall allow an Illinois
23 licensed retailer to transfer a portion of its alcoholic
24 liquor inventory from its retail licensed premises to the
25 premises specified in the license hereby created, and to sell
26 or offer for sale at retail, only in the premises specified
27 in the license hereby created, the transferred alcoholic
28 liquor for use or consumption, but not for resale in any
29 form. A special use permit license may be granted for the
30 following time periods: one day or less; 2 or more days to a
31 maximum of 15 days per location in any 12 month period. An
32 applicant for the special use permit license must also submit
33 with the application proof satisfactory to the State
34 Commission that the applicant will provide dram shop
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1 liability insurance to the maximum limits and have local
2 authority approval.
3 (Source: P.A. 89-45, eff. 6-23-95; 89-218, eff. 1-1-96;
4 89-626, eff. 8-9-96; 90-77, eff. 7-8-97; 90-432, eff. 1-1-98;
5 revised 11-5-97.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.