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Public Act 102-1142 | ||||
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AN ACT concerning liquor.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by | ||||
changing Sections 5-1 and 5-3 as follows: | ||||
(235 ILCS 5/5-1) (from Ch. 43, par. 115) | ||||
Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||
Commission
shall be of the following classes: | ||||
(a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||
Rectifier, Class 3. Brewer, Class 4. First Class Wine
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Manufacturer, Class 5. Second Class Wine Manufacturer, Class | ||||
6. First Class Winemaker, Class 7. Second Class Winemaker, | ||||
Class 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, | ||||
Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft | ||||
Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer, | ||||
Class 14. Class 3 Brewer, | ||||
(b) Distributor's license, | ||||
(c) Importing Distributor's license, | ||||
(d) Retailer's license, | ||||
(e) Special Event Retailer's license (not-for-profit), | ||||
(f) Railroad license, | ||||
(g) Boat license, | ||||
(h) Non-Beverage User's license, |
(i) Wine-maker's premises license, | ||
(j) Airplane license, | ||
(k) Foreign importer's license, | ||
(l) Broker's license, | ||
(m) Non-resident dealer's
license, | ||
(n) Brew Pub license, | ||
(o) Auction liquor license, | ||
(p) Caterer retailer license, | ||
(q) Special use permit license, | ||
(r) Winery shipper's license, | ||
(s) Craft distiller tasting permit, | ||
(t) Brewer warehouse permit, | ||
(u) Distilling pub license, | ||
(v) Craft distiller warehouse permit, | ||
(w) Beer showcase permit. | ||
No
person, firm, partnership, corporation, or other legal | ||
business entity that is
engaged in the manufacturing of wine | ||
may concurrently obtain and hold a
wine-maker's license and a | ||
wine manufacturer's license. | ||
(a) A manufacturer's license shall allow the manufacture,
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importation in bulk, storage, distribution and sale of | ||
alcoholic liquor
to persons without the State, as may be | ||
permitted by law and to licensees
in this State as follows: | ||
Class 1. A Distiller may make sales and deliveries of | ||
alcoholic liquor to
distillers, rectifiers, importing | ||
distributors, distributors and
non-beverage users and to no |
other licensees. | ||
Class 2. A Rectifier, who is not a distiller, as defined | ||
herein, may make
sales and deliveries of alcoholic liquor to | ||
rectifiers, importing distributors,
distributors, retailers | ||
and non-beverage users and to no other licensees. | ||
Class 3. A Brewer may make sales and deliveries of beer to | ||
importing
distributors and distributors and may make sales as | ||
authorized under subsection (e) of Section 6-4 of this Act, | ||
including any alcoholic liquor that subsection (e) of Section | ||
6-4 authorizes a brewer to sell in its original package only to | ||
a non-licensee for pick-up by a non-licensee either within the | ||
interior of the brewery premises or at outside of the brewery | ||
premises at a curb-side or parking lot adjacent to the brewery | ||
premises, subject to any local ordinance. | ||
Class 4. A first class wine-manufacturer may make sales | ||
and deliveries of
up to 50,000 gallons of wine to | ||
manufacturers,
importing
distributors and distributors, and to | ||
no other licensees. If a first-class wine-manufacturer | ||
manufactures beer, it shall also obtain and shall only be | ||
eligible for, in addition to any current license, a class 1 | ||
brewer license, shall not manufacture more than 930,000 | ||
gallons of beer per year, and shall not be a member of or | ||
affiliated with, directly or indirectly, a manufacturer that | ||
produces more than 930,000 gallons of beer per year. If the | ||
first-class wine-manufacturer manufactures spirits, it shall | ||
also obtain and shall only be eligible for, in addition to any |
current license, a class 1 craft distiller license, shall not | ||
manufacture more than 50,000 gallons of spirits per year, and | ||
shall not be a member of or affiliated with, directly or | ||
indirectly, a manufacturer that produces more than 50,000 | ||
gallons of spirits per year. A first-class wine-manufacturer | ||
shall be permitted to sell wine manufactured at the | ||
first-class wine-manufacturer premises to non-licensees. | ||
Class 5. A second class Wine manufacturer may make sales | ||
and deliveries
of more than 50,000 gallons of wine to | ||
manufacturers, importing distributors
and distributors and to | ||
no other licensees. | ||
Class 6. A first-class wine-maker's license shall allow | ||
the manufacture
of up to 50,000 gallons of wine per year, and | ||
the
storage
and sale of such
wine to distributors in the State | ||
and to persons without the
State, as may be permitted by law. A | ||
person who, prior to June 1, 2008 (the effective date of Public | ||
Act 95-634), is a holder of a first-class wine-maker's license | ||
and annually produces more than 25,000 gallons of its own wine | ||
and who distributes its wine to licensed retailers shall cease | ||
this practice on or before July 1, 2008 in compliance with | ||
Public Act 95-634. If a first-class wine-maker manufactures | ||
beer, it shall also obtain and shall only be eligible for, in | ||
addition to any current license, a class 1 brewer license, | ||
shall not manufacture more than 930,000 gallons of beer per | ||
year, and shall not be a member of or affiliated with, directly | ||
or indirectly, a manufacturer that produces more than 930,000 |
gallons of beer per year. If the first-class wine-maker | ||
manufactures spirits, it shall also obtain and shall only be | ||
eligible for, in addition to any current license, a class 1 | ||
craft distiller license, shall not manufacture more than | ||
50,000 gallons of spirits per year, and shall not be a member | ||
of or affiliated with, directly or indirectly, a manufacturer | ||
that produces more than 50,000 gallons of spirits per year. A | ||
first-class wine-maker holding a class 1 brewer license or a | ||
class 1 craft distiller license shall not be eligible for a | ||
wine-maker's premises license but shall be permitted to sell | ||
wine manufactured at the first-class wine-maker premises to | ||
non-licensees. | ||
Class 7. A second-class wine-maker's license shall allow | ||
the manufacture
of up to 150,000 gallons of wine per year, and
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the
storage and sale of such wine
to distributors in this State | ||
and to persons without the State, as may be
permitted by law. A | ||
person who, prior to June 1, 2008 (the effective date of Public | ||
Act 95-634), is a holder of a second-class wine-maker's | ||
license and annually produces more than 25,000 gallons of its | ||
own wine and who distributes its wine to licensed retailers | ||
shall cease this practice on or before July 1, 2008 in | ||
compliance with Public Act 95-634. If a second-class | ||
wine-maker manufactures beer, it shall also obtain and shall | ||
only be eligible for, in addition to any current license, a | ||
class 2 brewer license, shall not manufacture more than | ||
3,720,000 gallons of beer per year, and shall not be a member |
of or affiliated with, directly or indirectly, a manufacturer | ||
that produces more than 3,720,000 gallons of beer per year. If | ||
a second-class wine-maker manufactures spirits, it shall also | ||
obtain and shall only be eligible for, in addition to any | ||
current license, a class 2 craft distiller license, shall not | ||
manufacture more than 100,000 gallons of spirits per year, and | ||
shall not be a member of or affiliated with, directly or | ||
indirectly, a manufacturer that produces more than 100,000 | ||
gallons of spirits per year. | ||
Class 8. A limited wine-manufacturer may make sales and | ||
deliveries not to
exceed 40,000 gallons of wine per year to | ||
distributors, and to
non-licensees in accordance with the | ||
provisions of this Act. | ||
Class 9. A craft distiller license, which may only be held | ||
by a class 1 craft distiller licensee or class 2 craft | ||
distiller licensee but not held by both a class 1 craft | ||
distiller licensee and a class 2 craft distiller licensee, | ||
shall grant all rights conveyed by either: (i) a class 1 craft | ||
distiller license if the craft distiller holds a class 1 craft | ||
distiller license; or (ii) a class 2 craft distiller licensee | ||
if the craft distiller holds a class 2 craft distiller | ||
license. | ||
Class 10. A class 1 craft distiller license, which may | ||
only be issued to a licensed craft distiller or licensed | ||
non-resident dealer, shall allow the manufacture of up to | ||
50,000 gallons of spirits per year provided that the class 1 |
craft distiller licensee does not manufacture more than a | ||
combined 50,000 gallons of spirits per year and is not a member | ||
of or affiliated with, directly or indirectly, a manufacturer | ||
that produces more than 50,000 gallons of spirits per year. If | ||
a class 1 craft distiller manufactures beer, it shall also | ||
obtain and shall only be eligible for, in addition to any | ||
current license, a class 1 brewer license, shall not | ||
manufacture more than 930,000 gallons of beer per year, and | ||
shall not be a member of or affiliated with, directly or | ||
indirectly, a manufacturer that produces more than 930,000 | ||
gallons of beer per year. If a class 1 craft distiller | ||
manufactures wine, it shall also obtain and shall only be | ||
eligible for, in addition to any current license, a | ||
first-class wine-manufacturer license or a first-class | ||
wine-maker's license, shall not manufacture more than 50,000 | ||
gallons of wine per year, and shall not be a member of or | ||
affiliated with, directly or indirectly, a manufacturer that | ||
produces more than 50,000 gallons of wine per year. A class 1 | ||
craft distiller licensee may make sales and deliveries to | ||
importing distributors and distributors and to retail | ||
licensees in accordance with the conditions set forth in | ||
paragraph (19) of subsection (a) of Section 3-12 of this Act. | ||
However, the aggregate amount of spirits sold to non-licensees | ||
and sold or delivered to retail licensees may not exceed 5,000 | ||
gallons per year. | ||
A class 1 craft distiller licensee may sell up to 5,000 |
gallons of such spirits to non-licensees to the extent | ||
permitted by any exemption approved by the State Commission | ||
pursuant to Section 6-4 of this Act. A class 1 craft distiller | ||
license holder may store such spirits at a non-contiguous | ||
licensed location, but at no time shall a class 1 craft | ||
distiller license holder directly or indirectly produce in the | ||
aggregate more than 50,000 gallons of spirits per year. | ||
A class 1 craft distiller licensee may hold more than one | ||
class 1 craft distiller's license. However, a class 1 craft | ||
distiller that holds more than one class 1 craft distiller | ||
license shall not manufacture, in the aggregate, more than | ||
50,000 gallons of spirits by distillation per year and shall | ||
not sell, in the aggregate, more than 5,000 gallons of such | ||
spirits to non-licensees in accordance with an exemption | ||
approved by the State Commission pursuant to Section 6-4 of | ||
this Act. | ||
Class 11. A class 2 craft distiller license, which may | ||
only be issued to a licensed craft distiller or licensed | ||
non-resident dealer, shall allow the manufacture of up to | ||
100,000 gallons of spirits per year provided that the class 2 | ||
craft distiller licensee does not manufacture more than a | ||
combined 100,000 gallons of spirits per year and is not a | ||
member of or affiliated with, directly or indirectly, a | ||
manufacturer that produces more than 100,000 gallons of | ||
spirits per year. If a class 2 craft distiller manufactures | ||
beer, it shall also obtain and shall only be eligible for, in |
addition to any current license, a class 2 brewer license, | ||
shall not manufacture more than 3,720,000 gallons of beer per | ||
year, and shall not be a member of or affiliated with, directly | ||
or indirectly, a manufacturer that produces more than | ||
3,720,000 gallons of beer per year. If a class 2 craft | ||
distiller manufactures wine, it shall also obtain and shall | ||
only be eligible for, in addition to any current license, a | ||
second-class wine-maker's license, shall not manufacture more | ||
than 150,000 gallons of wine per year, and shall not be a | ||
member of or affiliated with, directly or indirectly, a | ||
manufacturer that produces more than 150,000 gallons of wine | ||
per year. A class 2 craft distiller licensee may make sales and | ||
deliveries to importing distributors and distributors, but | ||
shall not make sales or deliveries to any other licensee. If | ||
the State Commission provides prior approval, a class 2 craft | ||
distiller licensee may annually transfer up to 100,000 gallons | ||
of spirits manufactured by that class 2 craft distiller | ||
licensee to the premises of a licensed class 2 craft distiller | ||
wholly owned and operated by the same licensee. A class 2 craft | ||
distiller may transfer spirits to a distilling pub wholly | ||
owned and operated by the class 2 craft distiller subject to | ||
the following limitations and restrictions: (i) the transfer | ||
shall not annually exceed more than 5,000 gallons; (ii) the | ||
annual amount transferred shall reduce the distilling pub's | ||
annual permitted production limit; (iii) all spirits | ||
transferred shall be subject to Article VIII of this Act; (iv) |
a written record shall be maintained by the distiller and | ||
distilling pub specifying the amount, date of delivery, and | ||
receipt of the product by the distilling pub; and (v) the | ||
distilling pub shall be located no farther than 80 miles from | ||
the class 2 craft distiller's licensed location. | ||
A class 2 craft distiller shall, prior to transferring | ||
spirits to a distilling pub wholly owned by the class 2 craft | ||
distiller, furnish a written notice to the State Commission of | ||
intent to transfer spirits setting forth the name and address | ||
of the distilling pub and shall annually submit to the State | ||
Commission a verified report identifying the total gallons of | ||
spirits transferred to the distilling pub wholly owned by the | ||
class 2 craft distiller. | ||
A class 2 craft distiller license holder may store such | ||
spirits at a non-contiguous licensed location, but at no time | ||
shall a class 2 craft distiller license holder directly or | ||
indirectly produce in the aggregate more than 100,000 gallons | ||
of spirits per year. | ||
Class 12. A class 1 brewer license, which may only be | ||
issued to a licensed brewer or licensed non-resident dealer, | ||
shall allow the manufacture of up to 930,000 gallons of beer | ||
per year provided that the class 1 brewer licensee does not | ||
manufacture more than a combined 930,000 gallons of beer per | ||
year and is not a member of or affiliated with, directly or | ||
indirectly, a manufacturer that produces more than 930,000 | ||
gallons of beer per year. If a class 1 brewer manufactures |
spirits, it shall also obtain and shall only be eligible for, | ||
in addition to any current license, a class 1 craft distiller | ||
license, shall not manufacture more than 50,000 gallons of | ||
spirits per year, and shall not be a member of or affiliated | ||
with, directly or indirectly, a manufacturer that produces | ||
more than 50,000 gallons of spirits per year. If a class 1 | ||
craft brewer manufactures wine, it shall also obtain and shall | ||
only be eligible for, in addition to any current license, a | ||
first-class wine-manufacturer license or a first-class | ||
wine-maker's license, shall not manufacture more than 50,000 | ||
gallons of wine per year, and shall not be a member of or | ||
affiliated with, directly or indirectly, a manufacturer that | ||
produces more than 50,000 gallons of wine per year. A class 1 | ||
brewer licensee may make sales and deliveries to importing | ||
distributors and distributors and to retail licensees in | ||
accordance with the conditions set forth in paragraph (18) of | ||
subsection (a) of Section 3-12 of this Act. If the State | ||
Commission provides prior approval, a class 1 brewer may | ||
annually transfer up to 930,000 gallons of beer manufactured | ||
by that class 1 brewer to the premises of a licensed class 1 | ||
brewer wholly owned and operated by the same licensee. | ||
Class 13. A class 2 brewer license, which may only be | ||
issued to a licensed brewer or licensed non-resident dealer, | ||
shall allow the manufacture of up to 3,720,000 gallons of beer | ||
per year provided that the class 2 brewer licensee does not | ||
manufacture more than a combined 3,720,000 gallons of beer per |
year and is not a member of or affiliated with, directly or | ||
indirectly, a manufacturer that produces more than 3,720,000 | ||
gallons of beer per year. If a class 2 brewer manufactures | ||
spirits, it shall also obtain and shall only be eligible for, | ||
in addition to any current license, a class 2 craft distiller | ||
license, shall not manufacture more than 100,000 gallons of | ||
spirits per year, and shall not be a member of or affiliated | ||
with, directly or indirectly, a manufacturer that produces | ||
more than 100,000 gallons of spirits per year. If a class 2 | ||
craft distiller manufactures wine, it shall also obtain and | ||
shall only be eligible for, in addition to any current | ||
license, a second-class wine-maker's license, shall not | ||
manufacture more than 150,000 gallons of wine per year, and | ||
shall not be a member of or affiliated with, directly or | ||
indirectly, a manufacturer that produces more than 150,000 | ||
gallons of wine a year. A class 2 brewer licensee may make | ||
sales and deliveries to importing distributors and | ||
distributors, but shall not make sales or deliveries to any | ||
other licensee. If the State Commission provides prior | ||
approval, a class 2 brewer licensee may annually transfer up | ||
to 3,720,000 gallons of beer manufactured by that class 2 | ||
brewer licensee to the premises of a licensed class 2 brewer | ||
wholly owned and operated by the same licensee. | ||
A class 2 brewer may transfer beer to a brew pub wholly | ||
owned and operated by the class 2 brewer subject to the | ||
following limitations and restrictions: (i) the transfer shall |
not annually exceed more than 31,000 gallons; (ii) the annual | ||
amount transferred shall reduce the brew pub's annual | ||
permitted production limit; (iii) all beer transferred shall | ||
be subject to Article VIII of this Act; (iv) a written record | ||
shall be maintained by the brewer and brew pub specifying the | ||
amount, date of delivery, and receipt of the product by the | ||
brew pub; and (v) the brew pub shall be located no farther than | ||
80 miles from the class 2 brewer's licensed location. | ||
A class 2 brewer shall, prior to transferring beer to a | ||
brew pub wholly owned by the class 2 brewer, furnish a written | ||
notice to the State Commission of intent to transfer beer | ||
setting forth the name and address of the brew pub and shall | ||
annually submit to the State Commission a verified report | ||
identifying the total gallons of beer transferred to the brew | ||
pub wholly owned by the class 2 brewer. | ||
Class 14. A class 3 brewer license, which may be issued to | ||
a brewer or a non-resident dealer, shall allow the manufacture | ||
of no more than 465,000 gallons of beer per year and no more | ||
than 155,000 gallons at a single brewery premises, and shall | ||
allow the sale of no more than 6,200 gallons of beer from each | ||
in-state or out-of-state class 3 brewery premises, or 18,600 | ||
gallons in the aggregate, to retail licensees, class 1 | ||
brewers, class 2 brewers, and class 3 brewers as long as the | ||
class 3 brewer licensee does not manufacture more than a | ||
combined 465,000 gallons of beer per year and is not a member | ||
of or affiliated with, directly or indirectly, a manufacturer |
that produces more than 465,000 gallons of beer per year to | ||
make sales to importing distributors, distributors, retail | ||
licensees, brewers, class 1 brewers, class 2 brewers, and | ||
class 3 brewers in accordance with the conditions set forth in | ||
paragraph (20) of subsection (a) of Section 3-12. If the State | ||
Commission provides prior approval, a class 3 brewer may | ||
annually transfer up to 155,000 gallons of beer manufactured | ||
by that class 3 brewer to the premises of a licensed class 3 | ||
brewer wholly owned and operated by the same licensee. A class | ||
3 brewer shall manufacture beer at the brewer's class 3 | ||
designated licensed premises, and may sell beer as otherwise | ||
provided in this Act. | ||
(a-1) A manufacturer which is licensed in this State to | ||
make sales or
deliveries of alcoholic liquor to licensed | ||
distributors or importing distributors and which enlists | ||
agents, representatives, or
individuals acting on its behalf | ||
who contact licensed retailers on a regular
and continual | ||
basis in this State must register those agents, | ||
representatives,
or persons acting on its behalf with the | ||
State Commission. | ||
Registration of agents, representatives, or persons acting | ||
on behalf of a
manufacturer is fulfilled by submitting a form | ||
to the Commission. The form
shall be developed by the | ||
Commission and shall include the name and address of
the | ||
applicant, the name and address of the manufacturer he or she | ||
represents,
the territory or areas assigned to sell to or |
discuss pricing terms of
alcoholic liquor, and any other | ||
questions deemed appropriate and necessary.
All statements in | ||
the forms required to be made by law or by rule shall be
deemed | ||
material, and any person who knowingly misstates any material | ||
fact under
oath in an application is guilty of a Class B | ||
misdemeanor. Fraud,
misrepresentation, false statements, | ||
misleading statements, evasions, or
suppression of material | ||
facts in the securing of a registration are grounds for
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suspension or revocation of the registration. The State | ||
Commission shall post a list of registered agents on the | ||
Commission's website. | ||
(b) A distributor's license shall allow (i) the wholesale | ||
purchase and storage
of alcoholic liquors and sale of | ||
alcoholic liquors to licensees in this State and to persons | ||
without the State, as may be permitted by law; (ii) the sale of | ||
beer, cider, mead, or any combination thereof to brewers, | ||
class 1 brewers, and class 2 brewers that, pursuant to | ||
subsection (e) of Section 6-4 of this Act, sell beer, cider, | ||
mead, or any combination thereof to non-licensees at their | ||
breweries; (iii) the sale of vermouth to class 1 craft | ||
distillers and class 2 craft distillers that, pursuant to | ||
subsection (e) of Section 6-4 of this Act, sell spirits, | ||
vermouth, or both spirits and vermouth to non-licensees at | ||
their distilleries; or (iv) as otherwise provided in this Act. | ||
No person licensed as a distributor shall be granted a | ||
non-resident dealer's license. |
(c) An importing distributor's license may be issued to | ||
and held by
those only who are duly licensed distributors, | ||
upon the filing of an
application by a duly licensed | ||
distributor, with the Commission and
the Commission shall, | ||
without the
payment of any fee, immediately issue such | ||
importing distributor's
license to the applicant, which shall | ||
allow the importation of alcoholic
liquor by the licensee into | ||
this State from any point in the United
States outside this | ||
State, and the purchase of alcoholic liquor in
barrels, casks | ||
or other bulk containers and the bottling of such
alcoholic | ||
liquors before resale thereof, but all bottles or containers
| ||
so filled shall be sealed, labeled, stamped and otherwise made | ||
to comply
with all provisions, rules and regulations governing | ||
manufacturers in
the preparation and bottling of alcoholic | ||
liquors. The importing
distributor's license shall permit such | ||
licensee to purchase alcoholic
liquor from Illinois licensed | ||
non-resident dealers and foreign importers only. No person | ||
licensed as an importing distributor shall be granted a | ||
non-resident dealer's license. | ||
(d) A retailer's license shall allow the licensee to sell | ||
and offer
for sale at retail, only in the premises specified in | ||
the license,
alcoholic liquor for use or consumption, but not | ||
for resale in any form. Except as provided in Section 6-16, | ||
6-29, or 6-29.1, nothing in this Act shall deny, limit, | ||
remove, or restrict the ability of a holder of a retailer's | ||
license to transfer or ship alcoholic liquor to the purchaser |
for use or consumption subject to any applicable local law or | ||
ordinance. For the purposes of this Section, "shipping" means | ||
the movement of alcoholic liquor from a licensed retailer to a | ||
consumer via a common carrier. Except as provided in Section | ||
6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, | ||
remove, or restrict the ability of a holder of a retailer's | ||
license to deliver alcoholic liquor to the purchaser for use | ||
or consumption. The delivery shall be made only within 12 | ||
hours from the time the alcoholic liquor leaves the licensed | ||
premises of the retailer for delivery. For the purposes of | ||
this Section, "delivery" means the movement of alcoholic | ||
liquor purchased from a licensed retailer to a consumer | ||
through the following methods: | ||
(1) delivery within licensed retailer's parking lot, | ||
including curbside, for pickup by the consumer; | ||
(2) delivery by an owner, officer, director, | ||
shareholder, or employee of the licensed retailer; or | ||
(3) delivery by a third-party contractor, independent | ||
contractor, or agent with whom the licensed retailer has | ||
contracted to make deliveries of alcoholic liquors. | ||
Under subsection (1), (2), or (3), delivery shall not | ||
include the use of common carriers. | ||
Any retail license issued to a manufacturer shall only
| ||
permit the manufacturer to sell beer at retail on the premises | ||
actually
occupied by the manufacturer. For the purpose of | ||
further describing the type of business conducted at a retail |
licensed premises, a retailer's licensee may be designated by | ||
the State Commission as (i) an on premise consumption | ||
retailer, (ii) an off premise sale retailer, or (iii) a | ||
combined on premise consumption and off premise sale retailer.
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Except for a municipality with a population of more than | ||
1,000,000 inhabitants, a home rule unit may not regulate the | ||
delivery of alcoholic liquor inconsistent with this | ||
subsection. This paragraph is a limitation under subsection | ||
(i) of Section 6 of Article VII of the Illinois Constitution on | ||
the concurrent exercise by home rule units of powers and | ||
functions exercised by the State. A non-home rule municipality | ||
may not regulate the delivery of alcoholic liquor inconsistent | ||
with this subsection. | ||
Notwithstanding any other provision of this subsection | ||
(d), a retail
licensee may sell alcoholic liquors to a special | ||
event retailer licensee for
resale to the extent permitted | ||
under subsection (e). | ||
(e) A special event retailer's license (not-for-profit) | ||
shall permit the
licensee to purchase alcoholic liquors from | ||
an Illinois licensed distributor
(unless the licensee | ||
purchases less than $500 of alcoholic liquors for the
special | ||
event, in which case the licensee may purchase the alcoholic | ||
liquors
from a licensed retailer) and shall allow the licensee | ||
to sell and offer for
sale, at retail, alcoholic liquors for | ||
use or consumption, but not for resale
in any form and only at | ||
the location and on the specific dates designated for
the |
special event in the license. An applicant for a special event | ||
retailer
license must
(i) furnish with the application: (A) a | ||
resale number issued under Section
2c of the Retailers' | ||
Occupation Tax Act or evidence that the applicant is
| ||
registered under Section 2a of the Retailers' Occupation Tax | ||
Act, (B) a
current, valid exemption identification
number | ||
issued under Section 1g of the Retailers' Occupation Tax Act, | ||
and a
certification to the Commission that the purchase of | ||
alcoholic liquors will be
a tax-exempt purchase, or (C) a | ||
statement that the applicant is not registered
under Section | ||
2a of the Retailers' Occupation Tax Act, does not hold a resale
| ||
number under Section 2c of the Retailers' Occupation Tax Act, | ||
and does not
hold an exemption number under Section 1g of the | ||
Retailers' Occupation Tax
Act, in which event the Commission | ||
shall set forth on the special event
retailer's license a | ||
statement to that effect; (ii) submit with the application | ||
proof satisfactory to
the State Commission that the applicant | ||
will provide dram shop liability
insurance in the maximum | ||
limits; and (iii) show proof satisfactory to the
State | ||
Commission that the applicant has obtained local authority
| ||
approval. | ||
Nothing in this Act prohibits an Illinois licensed | ||
distributor from offering credit or a refund for unused, | ||
salable alcoholic liquors to a holder of a special event | ||
retailer's license or the special event retailer's licensee | ||
from accepting the credit or refund of alcoholic liquors at |
the conclusion of the event specified in the license. | ||
(f) A railroad license shall permit the licensee to import | ||
alcoholic
liquors into this State from any point in the United | ||
States outside this
State and to store such alcoholic liquors | ||
in this State; to make wholesale
purchases of alcoholic | ||
liquors directly from manufacturers, foreign
importers, | ||
distributors and importing distributors from within or outside
| ||
this State; and to store such alcoholic liquors in this State; | ||
provided
that the above powers may be exercised only in | ||
connection with the
importation, purchase or storage of | ||
alcoholic liquors to be sold or
dispensed on a club, buffet, | ||
lounge or dining car operated on an electric,
gas or steam | ||
railway in this State; and provided further, that railroad
| ||
licensees exercising the above powers shall be subject to all | ||
provisions of
Article VIII of this Act as applied to importing | ||
distributors. A railroad
license shall also permit the | ||
licensee to sell or dispense alcoholic
liquors on any club, | ||
buffet, lounge or dining car operated on an electric,
gas or | ||
steam railway regularly operated by a common carrier in this | ||
State,
but shall not permit the sale for resale of any | ||
alcoholic liquors to any
licensee within this State. A license | ||
shall be obtained for each car in which
such sales are made. | ||
(g) A boat license shall allow the sale of alcoholic | ||
liquor in
individual drinks, on any passenger boat regularly | ||
operated as a common
carrier on navigable waters in this State | ||
or on any riverboat operated
under
the Illinois Gambling Act, |
which boat or riverboat maintains a public
dining room or | ||
restaurant thereon. | ||
(h) A non-beverage user's license shall allow the licensee | ||
to
purchase alcoholic liquor from a licensed manufacturer or | ||
importing
distributor, without the imposition of any tax upon | ||
the business of such
licensed manufacturer or importing | ||
distributor as to such alcoholic
liquor to be used by such | ||
licensee solely for the non-beverage purposes
set forth in | ||
subsection (a) of Section 8-1 of this Act, and
such licenses | ||
shall be divided and classified and shall permit the
purchase, | ||
possession and use of limited and stated quantities of
| ||
alcoholic liquor as follows: | ||
Class 1, not to exceed ......................... 500 gallons
| ||
Class 2, not to exceed ....................... 1,000 gallons
| ||
Class 3, not to exceed ....................... 5,000 gallons
| ||
Class 4, not to exceed ...................... 10,000 gallons
| ||
Class 5, not to exceed ....................... 50,000 gallons | ||
(i) A wine-maker's premises license shall allow a
licensee | ||
that concurrently holds a first-class wine-maker's license to | ||
sell
and offer for sale at retail in the premises specified in | ||
such license
not more than 50,000 gallons of the first-class | ||
wine-maker's wine that is
made at the first-class wine-maker's | ||
licensed premises per year for use or
consumption, but not for | ||
resale in any form. A wine-maker's premises
license shall | ||
allow a licensee who concurrently holds a second-class
| ||
wine-maker's license to sell and offer for sale at retail in |
the premises
specified in such license up to 100,000 gallons | ||
of the
second-class wine-maker's wine that is made at the | ||
second-class wine-maker's
licensed premises per year
for use | ||
or consumption but not for resale in any form. A first-class | ||
wine-maker that concurrently holds a class 1 brewer license or | ||
a class 1 craft distiller license shall not be eligible to hold | ||
a wine-maker's premises license. A wine-maker's premises | ||
license shall allow a
licensee that concurrently holds a | ||
first-class wine-maker's license or a second-class
| ||
wine-maker's license to sell
and offer for sale at retail at | ||
the premises specified in the wine-maker's premises license, | ||
for use or consumption but not for resale in any form, any | ||
beer, wine, and spirits purchased from a licensed distributor. | ||
Upon approval from the
State Commission, a wine-maker's | ||
premises license
shall allow the licensee to sell and offer | ||
for sale at (i) the wine-maker's
licensed premises and (ii) at | ||
up to 2 additional locations for use and
consumption and not | ||
for resale. Each location shall require additional
licensing | ||
per location as specified in Section 5-3 of this Act. A | ||
wine-maker's premises licensee shall
secure liquor liability | ||
insurance coverage in an amount at
least equal to the maximum | ||
liability amounts set forth in
subsection (a) of Section 6-21 | ||
of this Act.
| ||
(j) An airplane license shall permit the licensee to | ||
import
alcoholic liquors into this State from any point in the | ||
United States
outside this State and to store such alcoholic |
liquors in this State; to
make wholesale purchases of | ||
alcoholic liquors directly from
manufacturers, foreign | ||
importers, distributors and importing
distributors from within | ||
or outside this State; and to store such
alcoholic liquors in | ||
this State; provided that the above powers may be
exercised | ||
only in connection with the importation, purchase or storage
| ||
of alcoholic liquors to be sold or dispensed on an airplane; | ||
and
provided further, that airplane licensees exercising the | ||
above powers
shall be subject to all provisions of Article | ||
VIII of this Act as
applied to importing distributors. An | ||
airplane licensee shall also
permit the sale or dispensing of | ||
alcoholic liquors on any passenger
airplane regularly operated | ||
by a common carrier in this State, but shall
not permit the | ||
sale for resale of any alcoholic liquors to any licensee
| ||
within this State. A single airplane license shall be required | ||
of an
airline company if liquor service is provided on board | ||
aircraft in this
State. The annual fee for such license shall | ||
be as determined in
Section 5-3. | ||
(k) A foreign importer's license shall permit such | ||
licensee to purchase
alcoholic liquor from Illinois licensed | ||
non-resident dealers only, and to
import alcoholic liquor | ||
other than in bulk from any point outside the
United States and | ||
to sell such alcoholic liquor to Illinois licensed
importing | ||
distributors and to no one else in Illinois;
provided that (i) | ||
the foreign importer registers with the State Commission
every
| ||
brand of
alcoholic liquor that it proposes to sell to Illinois |
licensees during the
license period, (ii) the foreign importer | ||
complies with all of the provisions
of Section
6-9 of this Act | ||
with respect to registration of such Illinois licensees as may
| ||
be granted the
right to sell such brands at wholesale, and | ||
(iii) the foreign importer complies with the provisions of | ||
Sections 6-5 and 6-6 of this Act to the same extent that these | ||
provisions apply to manufacturers. | ||
(l) (i) A broker's license shall be required of all | ||
persons
who solicit
orders for, offer to sell or offer to | ||
supply alcoholic liquor to
retailers in the State of Illinois, | ||
or who offer to retailers to ship or
cause to be shipped or to | ||
make contact with distillers, craft distillers, rectifiers,
| ||
brewers or manufacturers or any other party within or without | ||
the State
of Illinois in order that alcoholic liquors be | ||
shipped to a distributor,
importing distributor or foreign | ||
importer, whether such solicitation or
offer is consummated | ||
within or without the State of Illinois. | ||
No holder of a retailer's license issued by the Illinois | ||
Liquor
Control Commission shall purchase or receive any | ||
alcoholic liquor, the
order for which was solicited or offered | ||
for sale to such retailer by a
broker unless the broker is the | ||
holder of a valid broker's license. | ||
The broker shall, upon the acceptance by a retailer of the | ||
broker's
solicitation of an order or offer to sell or supply or | ||
deliver or have
delivered alcoholic liquors, promptly forward | ||
to the Illinois Liquor
Control Commission a notification of |
said transaction in such form as
the Commission may by | ||
regulations prescribe. | ||
(ii) A broker's license shall be required of
a person | ||
within this State, other than a retail licensee,
who, for a fee | ||
or commission, promotes, solicits, or accepts orders for
| ||
alcoholic liquor, for use or consumption and not for
resale, | ||
to be shipped from this State and delivered to residents | ||
outside of
this State by an express company, common carrier, | ||
or contract carrier.
This Section does not apply to any person | ||
who promotes, solicits, or accepts
orders for wine as | ||
specifically authorized in Section 6-29 of this Act. | ||
A broker's license under this subsection (l)
shall not | ||
entitle the holder to
buy or sell any
alcoholic liquors for his | ||
own account or to take or deliver title to
such alcoholic | ||
liquors. | ||
This subsection (l)
shall not apply to distributors, | ||
employees of
distributors, or employees of a manufacturer who | ||
has registered the
trademark, brand or name of the alcoholic | ||
liquor pursuant to Section 6-9
of this Act, and who regularly | ||
sells such alcoholic liquor
in the State of Illinois only to | ||
its registrants thereunder. | ||
Any agent, representative, or person subject to | ||
registration pursuant to
subsection (a-1) of this Section | ||
shall not be eligible to receive a broker's
license. | ||
(m) A non-resident dealer's license shall permit such | ||
licensee to ship
into and warehouse alcoholic liquor into this |
State from any point
outside of this State, and to sell such | ||
alcoholic liquor to Illinois licensed
foreign importers and | ||
importing distributors and to no one else in this State;
| ||
provided that (i) said non-resident dealer shall register with | ||
the Illinois Liquor
Control Commission each and every brand of | ||
alcoholic liquor which it proposes
to sell to Illinois | ||
licensees during the license period, (ii) it shall comply with | ||
all of the provisions of Section 6-9 hereof with
respect to | ||
registration of such Illinois licensees as may be granted the | ||
right
to sell such brands at wholesale by duly filing such | ||
registration statement, thereby authorizing the non-resident | ||
dealer to proceed to sell such brands at wholesale, and (iii) | ||
the non-resident dealer shall comply with the provisions of | ||
Sections 6-5 and 6-6 of this Act to the same extent that these | ||
provisions apply to manufacturers. No person licensed as a | ||
non-resident dealer shall be granted a distributor's or | ||
importing distributor's license. | ||
(n) A brew pub license shall allow the licensee to only (i) | ||
manufacture up to 155,000 gallons of beer per year only
on the | ||
premises specified in the license, (ii) make sales of the
beer | ||
manufactured on the premises or, with the approval of the | ||
Commission, beer manufactured on another brew pub licensed | ||
premises that is wholly owned and operated by the same | ||
licensee to importing distributors, distributors,
and to | ||
non-licensees for use and consumption, (iii) store the beer | ||
upon
the premises, (iv) sell and offer for sale at retail from |
the licensed
premises for off-premises
consumption no more | ||
than 155,000 gallons per year so long as such sales are only | ||
made in-person, (v) sell and offer for sale at retail for use | ||
and consumption on the premises specified in the license any | ||
form of alcoholic liquor purchased from a licensed distributor | ||
or importing distributor, (vi) with the prior approval of the | ||
Commission, annually transfer no more than 155,000 gallons of | ||
beer manufactured on the premises to a licensed brew pub | ||
wholly owned and operated by the same licensee, and (vii) | ||
notwithstanding item (i) of this subsection, brew pubs wholly | ||
owned and operated by the same licensee may combine each | ||
location's production limit of 155,000 gallons of beer per | ||
year and allocate the aggregate total between the wholly | ||
owned, operated, and licensed locations. | ||
A brew pub licensee shall not under any circumstance sell | ||
or offer for sale beer manufactured by the brew pub licensee to | ||
retail licensees. | ||
A person who holds a class 2 brewer license may | ||
simultaneously hold a brew pub license if the class 2 brewer | ||
(i) does not, under any circumstance, sell or offer for sale | ||
beer manufactured by the class 2 brewer to retail licensees; | ||
(ii) does not hold more than 3 brew pub licenses in this State; | ||
(iii) does not manufacture more than a combined 3,720,000 | ||
gallons of beer per year, including the beer manufactured at | ||
the brew pub; and (iv) is not a member of or affiliated with, | ||
directly or indirectly, a manufacturer that produces more than |
3,720,000 gallons of beer per year or any other alcoholic | ||
liquor. | ||
Notwithstanding any other provision of this Act, a | ||
licensed brewer, class 2 brewer, or non-resident dealer who | ||
before July 1, 2015 manufactured less than 3,720,000 gallons | ||
of beer per year and held a brew pub license on or before July | ||
1, 2015 may (i) continue to qualify for and hold that brew pub | ||
license for the licensed premises and (ii) manufacture more | ||
than 3,720,000 gallons of beer per year and continue to | ||
qualify for and hold that brew pub license if that brewer, | ||
class 2 brewer, or non-resident dealer does not simultaneously | ||
hold a class 1 brewer license and is not a member of or | ||
affiliated with, directly or indirectly, a manufacturer that | ||
produces more than 3,720,000 gallons of beer per year or that | ||
produces any other alcoholic liquor. | ||
A brew pub licensee may apply for a class 3 brewer license | ||
and , upon : (i) meeting all applicable qualifications of this | ||
Act , and relinquishing all commonly owned brew pub or retail | ||
licenses , shall be issued a class 3 brewer license. Nothing in | ||
this Act shall prohibit the issuance of a class 3 brewer | ||
license if the applicant: | ||
(1) has a valid retail license on or before May 1, | ||
2021; | ||
(2) has an ownership interest in at least two brew | ||
pubs licenses on or before May 1, 2021; | ||
(3) the brew pub licensee applies for a class 3 brewer |
license on or before October 1, 2022 and relinquishes all | ||
commonly owned brew pub licenses; and | ||
(4) relinquishes all commonly owned retail licenses on | ||
or before December 31, 2022. | ||
If a brew pub licensee is issued a class 3 brewer license, | ||
the class 3 brewer license shall expire on the same date as the | ||
existing brew pub license and the State Commission shall not | ||
require a class 3 brewer licensee to obtain a brewer license, | ||
or in the alternative to pay a fee for a brewer license, until | ||
the date the brew pub license of the applicant would have | ||
expired. | ||
(o) A caterer retailer license shall allow the holder
to | ||
serve alcoholic liquors as an incidental part of a food | ||
service that serves
prepared meals which excludes the serving | ||
of snacks as
the primary meal, either on or off-site whether | ||
licensed or unlicensed. A caterer retailer license shall allow | ||
the holder, a distributor, or an importing distributor to | ||
transfer any inventory to and from the holder's retail | ||
premises and shall allow the holder to purchase alcoholic | ||
liquor from a distributor or importing distributor to be | ||
delivered directly to an off-site event. | ||
Nothing in this Act prohibits a distributor or importing | ||
distributor from offering credit or a refund for unused, | ||
salable beer to a holder of a caterer retailer license or a | ||
caterer retailer licensee from accepting a credit or refund | ||
for unused, salable beer, in the event an act of God is the |
sole reason an off-site event is cancelled and if: (i) the | ||
holder of a caterer retailer license has not transferred | ||
alcoholic liquor from its caterer retailer premises to an | ||
off-site location; (ii) the distributor or importing | ||
distributor offers the credit or refund for the unused, | ||
salable beer that it delivered to the off-site premises and | ||
not for any unused, salable beer that the distributor or | ||
importing distributor delivered to the caterer retailer's | ||
premises; and (iii) the unused, salable beer would likely | ||
spoil if transferred to the caterer retailer's premises. A | ||
caterer retailer license shall allow the holder to transfer | ||
any inventory from any off-site location to its caterer | ||
retailer premises at the conclusion of an off-site event or | ||
engage a distributor or importing distributor to transfer any | ||
inventory from any off-site location to its caterer retailer | ||
premises at the conclusion of an off-site event, provided that | ||
the distributor or importing distributor issues bona fide | ||
charges to the caterer retailer licensee for fuel, labor, and | ||
delivery and the distributor or importing distributor collects | ||
payment from the caterer retailer licensee prior to the | ||
distributor or importing distributor transferring inventory to | ||
the caterer retailer premises. | ||
For purposes of this subsection (o), an "act of God" means | ||
an unforeseeable event, such as a rain or snow storm, hail, a | ||
flood, or a similar event, that is the sole cause of the | ||
cancellation of an off-site, outdoor event. |
(p) An auction liquor license shall allow the licensee to | ||
sell and offer
for sale at auction wine and spirits for use or | ||
consumption, or for resale by
an Illinois liquor licensee in | ||
accordance with provisions of this Act. An
auction liquor | ||
license will be issued to a person and it will permit the
| ||
auction liquor licensee to hold the auction anywhere in the | ||
State. An auction
liquor license must be obtained for each | ||
auction at least 14 days in advance of
the auction date. | ||
(q) A special use permit license shall allow an Illinois | ||
licensed
retailer to transfer a portion of its alcoholic | ||
liquor inventory from its
retail licensed premises to the | ||
premises specified in the license hereby
created; to purchase | ||
alcoholic liquor from a distributor or importing distributor | ||
to be delivered directly to the location specified in the | ||
license hereby created; and to sell or offer for sale at | ||
retail, only in the premises
specified in the license hereby | ||
created, the transferred or delivered alcoholic liquor for
use | ||
or consumption, but not for resale in any form. A special use | ||
permit
license may be granted for the following time periods: | ||
one day or less; 2 or
more days to a maximum of 15 days per | ||
location in any 12-month period. An
applicant for the special | ||
use permit license must also submit with the
application proof | ||
satisfactory to the State Commission that the applicant will
| ||
provide dram shop liability insurance to the maximum limits | ||
and have local
authority approval. | ||
A special use permit license shall allow the holder to |
transfer any inventory from the holder's special use premises | ||
to its retail premises at the conclusion of the special use | ||
event or engage a distributor or importing distributor to | ||
transfer any inventory from the holder's special use premises | ||
to its retail premises at the conclusion of an off-site event, | ||
provided that the distributor or importing distributor issues | ||
bona fide charges to the special use permit licensee for fuel, | ||
labor, and delivery and the distributor or importing | ||
distributor collects payment from the retail licensee prior to | ||
the distributor or importing distributor transferring | ||
inventory to the retail premises. | ||
Nothing in this Act prohibits a distributor or importing | ||
distributor from offering credit or a refund for unused, | ||
salable beer to a special use permit licensee or a special use | ||
permit licensee from accepting a credit or refund for unused, | ||
salable beer at the conclusion of the event specified in the | ||
license if: (i) the holder of the special use permit license | ||
has not transferred alcoholic liquor from its retail licensed | ||
premises to the premises specified in the special use permit | ||
license; (ii) the distributor or importing distributor offers | ||
the credit or refund for the unused, salable beer that it | ||
delivered to the premises specified in the special use permit | ||
license and not for any unused, salable beer that the | ||
distributor or importing distributor delivered to the | ||
retailer's premises; and (iii) the unused, salable beer would | ||
likely spoil if transferred to the retailer premises. |
(r) A winery shipper's license shall allow a person
with a | ||
first-class or second-class wine manufacturer's
license, a | ||
first-class or second-class wine-maker's license,
or a limited | ||
wine manufacturer's license or who is licensed to
make wine | ||
under the laws of another state to ship wine
made by that | ||
licensee directly to a resident of this
State who is 21 years | ||
of age or older for that resident's
personal use and not for | ||
resale. Prior to receiving a
winery shipper's license, an | ||
applicant for the license must
provide the Commission with a | ||
true copy of its current
license in any state in which it is | ||
licensed as a manufacturer
of wine. An applicant for a winery | ||
shipper's license must
also complete an application form that | ||
provides any other
information the Commission deems necessary. | ||
The application form shall include all addresses from which | ||
the applicant for a winery shipper's license intends to ship | ||
wine, including the name and address of any third party, | ||
except for a common carrier, authorized to ship wine on behalf | ||
of the manufacturer. The
application form shall include an | ||
acknowledgement consenting
to the jurisdiction of the | ||
Commission, the Illinois
Department of Revenue, and the courts | ||
of this State concerning
the enforcement of this Act and any | ||
related laws, rules, and
regulations, including authorizing | ||
the Department of Revenue
and the Commission to conduct audits | ||
for the purpose of
ensuring compliance with Public Act 95-634, | ||
and an acknowledgement that the wine manufacturer is in | ||
compliance with Section 6-2 of this Act. Any third party, |
except for a common carrier, authorized to ship wine on behalf | ||
of a first-class or second-class wine manufacturer's licensee, | ||
a first-class or second-class wine-maker's licensee, a limited | ||
wine manufacturer's licensee, or a person who is licensed to | ||
make wine under the laws of another state shall also be | ||
disclosed by the winery shipper's licensee, and a copy of the | ||
written appointment of the third-party wine provider, except | ||
for a common carrier, to the wine manufacturer shall be filed | ||
with the State Commission as a supplement to the winery | ||
shipper's license application or any renewal thereof. The | ||
winery shipper's license holder shall affirm under penalty of | ||
perjury, as part of the winery shipper's license application | ||
or renewal, that he or she only ships wine, either directly or | ||
indirectly through a third-party provider, from the licensee's | ||
own production. | ||
Except for a common carrier, a third-party provider | ||
shipping wine on behalf of a winery shipper's license holder | ||
is the agent of the winery shipper's license holder and, as | ||
such, a winery shipper's license holder is responsible for the | ||
acts and omissions of the third-party provider acting on | ||
behalf of the license holder. A third-party provider, except | ||
for a common carrier, that engages in shipping wine into | ||
Illinois on behalf of a winery shipper's license holder shall | ||
consent to the jurisdiction of the State Commission and the | ||
State. Any third-party, except for a common carrier, holding | ||
such an appointment shall, by February 1 of each calendar year |
and upon request by the State Commission or the Department of | ||
Revenue, file with the State Commission a statement detailing | ||
each shipment made to an Illinois resident. The statement | ||
shall include the name and address of the third-party provider | ||
filing the statement, the time period covered by the | ||
statement, and the following information: | ||
(1) the name, address, and license number of the | ||
winery shipper on whose behalf the shipment was made; | ||
(2) the quantity of the products delivered; and | ||
(3) the date and address of the shipment. | ||
If the Department of Revenue or the State Commission requests | ||
a statement under this paragraph, the third-party provider | ||
must provide that statement no later than 30 days after the | ||
request is made. Any books, records, supporting papers, and | ||
documents containing information and data relating to a | ||
statement under this paragraph shall be kept and preserved for | ||
a period of 3 years, unless their destruction sooner is | ||
authorized, in writing, by the Director of Revenue, and shall | ||
be open and available to inspection by the Director of Revenue | ||
or the State Commission or any duly authorized officer, agent, | ||
or employee of the State Commission or the Department of | ||
Revenue, at all times during business hours of the day. Any | ||
person who violates any provision of this paragraph or any | ||
rule of the State Commission for the administration and | ||
enforcement of the provisions of this paragraph is guilty of a | ||
Class C misdemeanor. In case of a continuing violation, each |
day's continuance thereof shall be a separate and distinct | ||
offense. | ||
The State Commission shall adopt rules as soon as | ||
practicable to implement the requirements of Public Act 99-904 | ||
and shall adopt rules prohibiting any such third-party | ||
appointment of a third-party provider, except for a common | ||
carrier, that has been deemed by the State Commission to have | ||
violated the provisions of this Act with regard to any winery | ||
shipper licensee. | ||
A winery shipper licensee must pay to the Department
of | ||
Revenue the State liquor gallonage tax under Section 8-1 for
| ||
all wine that is sold by the licensee and shipped to a person
| ||
in this State. For the purposes of Section 8-1, a winery
| ||
shipper licensee shall be taxed in the same manner as a
| ||
manufacturer of wine. A licensee who is not otherwise required | ||
to register under the Retailers' Occupation Tax Act must
| ||
register under the Use Tax Act to collect and remit use tax to
| ||
the Department of Revenue for all gallons of wine that are sold
| ||
by the licensee and shipped to persons in this State. If a
| ||
licensee fails to remit the tax imposed under this Act in
| ||
accordance with the provisions of Article VIII of this Act, | ||
the
winery shipper's license shall be revoked in accordance
| ||
with the provisions of Article VII of this Act. If a licensee
| ||
fails to properly register and remit tax under the Use Tax Act
| ||
or the Retailers' Occupation Tax Act for all wine that is sold
| ||
by the winery shipper and shipped to persons in this
State, the |
winery shipper's license shall be revoked in
accordance with | ||
the provisions of Article VII of this Act. | ||
A winery shipper licensee must collect, maintain, and
| ||
submit to the Commission on a semi-annual basis the
total | ||
number of cases per resident of wine shipped to residents
of | ||
this State.
A winery shipper licensed under this subsection | ||
(r)
must comply with the requirements of Section 6-29 of this | ||
Act. | ||
Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | ||
Section 3-12, the State Commission may receive, respond to, | ||
and investigate any complaint and impose any of the remedies | ||
specified in paragraph (1) of subsection (a) of Section 3-12. | ||
As used in this subsection, "third-party provider" means | ||
any entity that provides fulfillment house services, including | ||
warehousing, packaging, distribution, order processing, or | ||
shipment of wine, but not the sale of wine, on behalf of a | ||
licensed winery shipper. | ||
(s) A craft distiller tasting permit license shall allow | ||
an Illinois licensed class 1 craft distiller or class 2 craft | ||
distiller to transfer a portion of its alcoholic liquor | ||
inventory from its class 1 craft distiller or class 2 craft | ||
distiller licensed premises to the premises specified in the | ||
license hereby created and to conduct a sampling, only in the | ||
premises specified in the license hereby created, of the | ||
transferred alcoholic liquor in accordance with subsection (c) | ||
of Section 6-31 of this Act. The transferred alcoholic liquor |
may not be sold or resold in any form. An applicant for the | ||
craft distiller tasting permit license must also submit with | ||
the application proof satisfactory to the State Commission | ||
that the applicant will provide dram shop liability insurance | ||
to the maximum limits and have local authority approval. | ||
(t) A brewer warehouse permit may be issued to the holder | ||
of a class 1 brewer license or a class 2 brewer license. If the | ||
holder of the permit is a class 1 brewer licensee, the brewer | ||
warehouse permit shall allow the holder to store or warehouse | ||
up to 930,000 gallons of tax-determined beer manufactured by | ||
the holder of the permit at the premises specified on the | ||
permit. If the holder of the permit is a class 2 brewer | ||
licensee, the brewer warehouse permit shall allow the holder | ||
to store or warehouse up to 3,720,000 gallons of | ||
tax-determined beer manufactured by the holder of the permit | ||
at the premises specified on the permit. Sales to | ||
non-licensees are prohibited at the premises specified in the | ||
brewer warehouse permit. | ||
(u) A distilling pub license shall allow the licensee to | ||
only (i) manufacture up to 5,000 gallons of spirits per year | ||
only on the premises specified in the license, (ii) make sales | ||
of the spirits manufactured on the premises or, with the | ||
approval of the State Commission, spirits manufactured on | ||
another distilling pub licensed premises that is wholly owned | ||
and operated by the same licensee to importing distributors | ||
and distributors and to non-licensees for use and consumption, |
(iii) store the spirits upon the premises, (iv) sell and offer | ||
for sale at retail from the licensed premises for off-premises | ||
consumption no more than 5,000 gallons per year so long as such | ||
sales are only made in-person, (v) sell and offer for sale at | ||
retail for use and consumption on the premises specified in | ||
the license any form of alcoholic liquor purchased from a | ||
licensed distributor or importing distributor, and (vi) with | ||
the prior approval of the State Commission, annually transfer | ||
no more than 5,000 gallons of spirits manufactured on the | ||
premises to a licensed distilling pub wholly owned and | ||
operated by the same licensee. | ||
A distilling pub licensee shall not under any circumstance | ||
sell or offer for sale spirits manufactured by the distilling | ||
pub licensee to retail licensees. | ||
A person who holds a class 2 craft distiller license may | ||
simultaneously hold a distilling pub license if the class 2 | ||
craft distiller (i) does not, under any circumstance, sell or | ||
offer for sale spirits manufactured by the class 2 craft | ||
distiller to retail licensees; (ii) does not hold more than 3 | ||
distilling pub licenses in this State; (iii) does not | ||
manufacture more than a combined 100,000 gallons of spirits | ||
per year, including the spirits manufactured at the distilling | ||
pub; and (iv) is not a member of or affiliated with, directly | ||
or indirectly, a manufacturer that produces more than 100,000 | ||
gallons of spirits per year or any other alcoholic liquor. | ||
(v) A craft distiller warehouse permit may be issued to |
the holder of a class 1 craft distiller or class 2 craft | ||
distiller license. The craft distiller warehouse permit shall | ||
allow the holder to store or warehouse up to 500,000 gallons of | ||
spirits manufactured by the holder of the permit at the | ||
premises specified on the permit. Sales to non-licensees are | ||
prohibited at the premises specified in the craft distiller | ||
warehouse permit. | ||
(w) A beer showcase permit license shall allow an | ||
Illinois-licensed distributor to transfer a portion of its | ||
beer inventory from its licensed premises to the premises | ||
specified in the beer showcase permit license, and, in the | ||
case of a class 3 brewer, transfer only beer the class 3 brewer | ||
manufactures from its licensed premises to the premises | ||
specified in the beer showcase permit license; and to sell or | ||
offer for sale at retail, only in the premises specified in the | ||
beer showcase permit license, the transferred or delivered | ||
beer for on or off premise consumption, but not for resale in | ||
any form and to sell to non-licensees not more than 96 fluid | ||
ounces of beer per person. A beer showcase permit license may | ||
be granted for the following time periods: one day or less; or | ||
2 or more days to a maximum of 15 days per location in any | ||
12-month period. An applicant for a beer showcase permit | ||
license must also submit with the application proof | ||
satisfactory to the State Commission that the applicant will | ||
provide dram shop liability insurance to the maximum limits | ||
and have local authority approval. The State Commission shall |
require the beer showcase applicant to comply with Section | ||||||||||||||||||||
6-27.1. | ||||||||||||||||||||
(Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; | ||||||||||||||||||||
101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. | ||||||||||||||||||||
8-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22; | ||||||||||||||||||||
102-442, eff. 8-20-21; revised 2-28-22.) | ||||||||||||||||||||
(235 ILCS 5/5-3) (from Ch. 43, par. 118) | ||||||||||||||||||||
Sec. 5-3. License fees. Except as otherwise provided | ||||||||||||||||||||
herein, at the time
application is made to the State | ||||||||||||||||||||
Commission for a license of any class, the
applicant shall pay | ||||||||||||||||||||
to the State Commission the fee hereinafter provided for
the | ||||||||||||||||||||
kind of license applied for. | ||||||||||||||||||||
The fee for licenses issued by the State Commission shall | ||||||||||||||||||||
be as follows: | ||||||||||||||||||||
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Fees collected under this Section shall be paid into the
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Dram Shop Fund. On and after July 1, 2003 and until June 30, | ||||||||||||||
2016, of the funds received for a
retailer's license, in
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addition to the
first $175, an additional $75 shall be paid | ||||||||||||||
into the Dram Shop Fund, and $250
shall be
paid into the | ||||||||||||||
General Revenue Fund. On and after June 30, 2016, one-half of | ||||||||||||||
the funds received for a retailer's license shall be paid into | ||||||||||||||
the Dram Shop Fund and one-half of the funds received for a | ||||||||||||||
retailer's license shall be paid into the General Revenue | ||||||||||||||
Fund. Beginning June 30, 1990 and on June 30
of each
subsequent | ||||||||||||||
year through June 29, 2003, any balance over $5,000,000
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remaining in the Dram Shop Fund
shall be credited to State | ||||||||||||||
liquor licensees and applied against their fees for
State | ||||||||||||||
liquor licenses for the following year. The amount credited to | ||||||||||||||
each
licensee shall be a proportion of the balance in the Dram | ||||||||||||||
Fund that is the
same as the proportion of the license fee paid | ||||||||||||||
by the licensee under
this Section for the period in which the | ||||||||||||||
balance was accumulated to the
aggregate fees paid by all | ||||||||||||||
licensees during that period. | ||||||||||||||
No fee shall be paid for licenses issued by the State | ||||||||||||||
Commission to
the following non-beverage users: | ||||||||||||||
(a) Hospitals, sanitariums, or clinics when their use |
of alcoholic
liquor is exclusively medicinal, mechanical | ||
or scientific. | ||
(b) Universities, colleges of learning or schools when | ||
their use of
alcoholic liquor is exclusively medicinal, | ||
mechanical or scientific. | ||
(c) Laboratories when their use is exclusively for the | ||
purpose of
scientific research. | ||
(Source: P.A. 101-482, eff. 8-23-19; 101-615, eff. 12-20-19; | ||
102-442, eff. 8-20-21; 102-558, eff. 8-20-21.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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