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Public Act 095-0634 |
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AN ACT concerning liquor.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by | ||||
changing Sections 3-12, 5-1, 5-3, 6-4, 6-29, and 6-29.1 as | ||||
follows: | ||||
(235 ILCS 5/3-12) (from Ch. 43, par. 108)
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Sec. 3-12. Powers and duties of State Commission.
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(a) The State commission shall have the following powers, | ||||
functions and
duties:
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(1) To receive applications and to issue licenses to | ||||
manufacturers,
foreign importers, importing distributors, | ||||
distributors, non-resident dealers,
on premise consumption | ||||
retailers, off premise sale retailers, special event
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retailer licensees, special use permit licenses, auction | ||||
liquor licenses, brew
pubs, caterer retailers, | ||||
non-beverage users, railroads, including owners and
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lessees of sleeping, dining and cafe cars, airplanes, | ||||
boats, brokers, and wine
maker's premises licensees in | ||||
accordance with the provisions of this Act, and
to suspend | ||||
or revoke such licenses upon the State commission's | ||||
determination,
upon notice after hearing, that a licensee | ||||
has violated any provision of this
Act or any rule or |
regulation issued pursuant thereto and in effect for 30 | ||
days
prior to such violation. Except in the case of an | ||
action taken pursuant to a
violation of Section 6-3, 6-5, | ||
or 6-9, any action by the State Commission to
suspend or | ||
revoke a licensee's license may be limited to the license | ||
for the
specific premises where the violation occurred.
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In lieu of suspending or revoking a license, the | ||
commission may impose
a fine, upon the State commission's | ||
determination and notice after hearing,
that a licensee has | ||
violated any provision of this Act or any rule or
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regulation issued pursuant thereto and in effect for 30 | ||
days prior to such
violation. The fine imposed under this | ||
paragraph may not exceed $500 for each
violation. Each day | ||
that the activity, which gave rise to the original fine,
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continues is a separate violation. The maximum fine that | ||
may be levied against
any licensee, for the period of the | ||
license, shall not exceed $20,000.
The maximum penalty that | ||
may be imposed on a licensee for selling a bottle of
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alcoholic liquor with a foreign object in it or serving | ||
from a bottle of
alcoholic liquor with a foreign object in | ||
it shall be the destruction of that
bottle of alcoholic | ||
liquor for the first 10 bottles so sold or served from by
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the licensee. For the eleventh bottle of alcoholic liquor | ||
and for each third
bottle thereafter sold or served from by | ||
the licensee with a foreign object in
it, the maximum | ||
penalty that may be imposed on the licensee is the |
destruction
of the bottle of alcoholic liquor and a fine of | ||
up to $50.
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(2) To adopt such rules and regulations consistent with | ||
the
provisions of this Act which shall be necessary to | ||
carry on its
functions and duties to the end that the | ||
health, safety and welfare of
the People of the State of | ||
Illinois shall be protected and temperance in
the | ||
consumption of alcoholic liquors shall be fostered and | ||
promoted and
to distribute copies of such rules and | ||
regulations to all licensees
affected thereby.
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(3) To call upon other administrative departments of | ||
the State,
county and municipal governments, county and | ||
city police departments and
upon prosecuting officers for | ||
such information and assistance as it
deems necessary in | ||
the performance of its duties.
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(4) To recommend to local commissioners rules and | ||
regulations, not
inconsistent with the law, for the | ||
distribution and sale of alcoholic
liquors throughout the | ||
State.
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(5) To inspect, or cause to be inspected, any
premises | ||
in this State
where alcoholic liquors are manufactured, | ||
distributed, warehoused, or
sold.
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(5.1) Upon receipt of a complaint or upon having | ||
knowledge that any person
is engaged in business as a | ||
manufacturer, importing distributor, distributor,
or | ||
retailer without a license or valid license, to notify the |
local liquor
authority, file a complaint with the State's | ||
Attorney's Office of the county
where the incident | ||
occurred, or initiate an investigation with the | ||
appropriate
law enforcement officials.
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(5.2) To issue a cease and desist notice to persons | ||
shipping alcoholic
liquor
into this State from a point | ||
outside of this State if the shipment is in
violation of | ||
this Act.
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(5.3) To receive complaints from licensees, local | ||
officials, law
enforcement agencies, organizations, and | ||
persons stating that any licensee has
been or is violating | ||
any provision of this Act or the rules and regulations
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issued pursuant to this Act. Such complaints shall be in | ||
writing, signed and
sworn to by the person making the | ||
complaint, and shall state with specificity
the facts in | ||
relation to the alleged violation. If the Commission has
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reasonable grounds to believe that the complaint | ||
substantially alleges a
violation of this Act or rules and | ||
regulations adopted pursuant to this Act, it
shall conduct | ||
an investigation. If, after conducting an investigation, | ||
the
Commission is satisfied that the alleged violation did | ||
occur, it shall proceed
with disciplinary action against | ||
the licensee as provided in this Act.
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(6) To hear and determine appeals from orders of a | ||
local commission
in accordance with the provisions of this | ||
Act, as hereinafter set forth.
Hearings under this |
subsection shall be held in Springfield or Chicago,
at | ||
whichever location is the more convenient for the majority | ||
of persons
who are parties to the hearing.
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(7) The commission shall establish uniform systems of | ||
accounts to be
kept by all retail licensees having more | ||
than 4 employees, and for this
purpose the commission may | ||
classify all retail licensees having more
than 4 employees | ||
and establish a uniform system of accounts for each
class | ||
and prescribe the manner in which such accounts shall be | ||
kept.
The commission may also prescribe the forms of | ||
accounts to be kept by
all retail licensees having more | ||
than 4 employees, including but not
limited to accounts of | ||
earnings and expenses and any distribution,
payment, or | ||
other distribution of earnings or assets, and any other
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forms, records and memoranda which in the judgment of the | ||
commission may
be necessary or appropriate to carry out any | ||
of the provisions of this
Act, including but not limited to | ||
such forms, records and memoranda as
will readily and | ||
accurately disclose at all times the beneficial
ownership | ||
of such retail licensed business. The accounts, forms,
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records and memoranda shall be available at all reasonable | ||
times for
inspection by authorized representatives of the | ||
State commission or by
any local liquor control | ||
commissioner or his or her authorized representative.
The | ||
commission, may, from time to time, alter, amend or repeal, | ||
in whole
or in part, any uniform system of accounts, or the |
form and manner of
keeping accounts.
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(8) In the conduct of any hearing authorized to be held | ||
by the
commission, to appoint, at the commission's | ||
discretion, hearing officers
to conduct hearings involving | ||
complex issues or issues that will require a
protracted | ||
period of time to resolve, to examine, or cause to be | ||
examined,
under oath, any licensee, and to examine or cause | ||
to be examined the books and
records
of such licensee; to | ||
hear testimony and take proof material for its
information | ||
in the discharge of its duties hereunder; to administer or
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cause to be administered oaths; for any such purpose to | ||
issue
subpoena or subpoenas to require the attendance of | ||
witnesses and the
production of books, which shall be | ||
effective in any part of this State, and
to adopt rules to | ||
implement its powers under this paragraph (8).
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Any Circuit Court may by order duly entered,
require | ||
the attendance of witnesses and the production of relevant | ||
books
subpoenaed by the State commission and the court may | ||
compel
obedience to its order by proceedings for contempt.
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(9) To investigate the administration of laws in | ||
relation to
alcoholic liquors in this and other states and | ||
any foreign countries,
and to recommend from time to time | ||
to the Governor and through him or
her to the legislature | ||
of this State, such amendments to this Act, if any, as
it | ||
may think desirable and as will serve to further the | ||
general broad
purposes contained in Section 1-2 hereof.
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(10) To adopt such rules and regulations consistent | ||
with the
provisions of this Act which shall be necessary | ||
for the control, sale or
disposition of alcoholic liquor | ||
damaged as a result of an accident, wreck,
flood, fire or | ||
other similar occurrence.
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(11) To develop industry educational programs related | ||
to responsible
serving and selling, particularly in the | ||
areas of overserving consumers and
illegal underage | ||
purchasing and consumption of alcoholic beverages.
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(11.1) To license persons providing education and | ||
training to alcohol
beverage sellers and servers under the
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Beverage Alcohol Sellers and Servers
Education and | ||
Training (BASSET) programs and to develop and administer a | ||
public
awareness program in Illinois to reduce or eliminate | ||
the illegal purchase and
consumption of alcoholic beverage | ||
products by persons under the age of 21.
Application for a | ||
license shall be made on forms provided by the State
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Commission.
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(12) To develop and maintain a repository of license | ||
and regulatory
information.
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(13) On or before January 15, 1994, the Commission | ||
shall issue
a written report to the Governor and General | ||
Assembly that is to be based on a
comprehensive study of | ||
the impact on and implications for the State of Illinois
of | ||
Section 1926 of the Federal ADAMHA Reorganization Act of | ||
1992 (Public Law
102-321). This study shall address the |
extent to which Illinois currently
complies with the | ||
provisions of P.L. 102-321 and the rules promulgated | ||
pursuant
thereto.
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As part of its report, the Commission shall provide the | ||
following essential
information:
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(i) the number of retail distributors of tobacco | ||
products, by type and
geographic area, in the State;
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(ii) the number of reported citations and | ||
successful convictions,
categorized by type and | ||
location of retail distributor, for violation of the
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Sale of Tobacco to Minors Act and the Smokeless
Tobacco | ||
Limitation Act;
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(iii) the extent and nature of organized | ||
educational and governmental
activities that are | ||
intended to promote, encourage or otherwise secure
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compliance with any Illinois laws that prohibit the | ||
sale or distribution of
tobacco products to minors; and
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(iv) the level of access and availability of | ||
tobacco products to
individuals under the age of 18.
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To obtain the data necessary to comply with the | ||
provisions of P.L. 102-321
and the requirements of this | ||
report, the Commission shall conduct random,
unannounced | ||
inspections of a geographically and scientifically | ||
representative
sample of the State's retail tobacco | ||
distributors.
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The Commission shall consult with the Department of |
Public Health, the
Department of Human Services, the
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Illinois State Police and any
other executive branch | ||
agency, and private organizations that may have
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information relevant to this report.
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The Commission may contract with the Food and Drug | ||
Administration of the
U.S. Department of Health and Human | ||
Services to conduct unannounced
investigations of Illinois | ||
tobacco vendors to determine compliance with federal
laws | ||
relating to the illegal sale of cigarettes and smokeless | ||
tobacco products
to persons under the age of 18.
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(14) On or before April 30, 2008 and every 2 years
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thereafter, the Commission shall present a written
report | ||
to the Governor and the General Assembly that shall
be | ||
based on a study of the impact of this amendatory Act of
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the 95th General Assembly on the business of soliciting,
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selling, and shipping wine from inside and outside of this
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State directly to residents of this State. As part of its
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report, the Commission shall provide all of the
following | ||
information: | ||
(A) The amount of State excise and sales tax
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revenues generated. | ||
(B) The amount of licensing fees received. | ||
(C) The number of cases of wine shipped from inside
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and outside of this State directly to residents of this
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State. | ||
(D) The number of alcohol compliance operations
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conducted. | ||
(E) The number of winery shipper's licenses
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issued. | ||
(F) The number of each of the following: reported
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violations; cease and desist notices issued by the
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Commission; notices of violations issued by
the | ||
Commission and to the Department of Revenue;
and | ||
notices and complaints of violations to law
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enforcement officials, including, without limitation,
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the Illinois Attorney General and the U.S. Department
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of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | ||
(15) As a means to reduce the underage consumption of
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alcoholic liquors, the Commission shall conduct
alcohol | ||
compliance operations to investigate whether
businesses | ||
that are soliciting, selling, and shipping wine
from inside | ||
or outside of this State directly to residents
of this | ||
State are licensed by this State or are selling or
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attempting to sell wine to persons under 21 years of age in
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violation of this Act. | ||
(16) The Commission shall, in addition to
notifying any | ||
appropriate law enforcement agency, submit
notices of | ||
complaints or violations of Sections 6-29 and
6-29.1 by | ||
persons who do not hold a winery shipper's
license under | ||
this amendatory Act to the Illinois Attorney General and
to | ||
the U.S. Department of Treasury's Alcohol and Tobacco Tax | ||
and Trade Bureau. |
(17) (A) A person licensed to make wine under the laws | ||
of another state who has a winery shipper's license under | ||
this amendatory Act and annually produces less than 25,000 | ||
gallons of wine or a person who has 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 under this Act and annually | ||
produces less than 25,000 gallons of wine may make | ||
application to the Commission for a self-distribution | ||
exemption to allow the sale of not more than 5,000 gallons | ||
of the exemption holder's wine to retail licensees per | ||
year. | ||
(B) In the application, which shall be sworn under | ||
penalty of perjury, such person shall state (1) the | ||
date it was established; (2) its volume of production | ||
and sales for each year since its establishment; (3) | ||
its efforts to establish distributor relationships; | ||
(4) that a self-distribution exemption is necessary to | ||
facilitate the marketing of its wine; and (5) that it | ||
will comply with the liquor and revenue laws of the | ||
United States, this State, and any other state where it | ||
is licensed. | ||
(C) The Commission shall approve the application | ||
for a self-distribution exemption if such person: (1) | ||
is in compliance with State revenue and liquor laws; | ||
(2) is not a member of any affiliated group that |
produces more than 25,000 gallons of wine per annum or | ||
produces any other alcoholic liquor; (3) will not | ||
annually produce for sale more than 25,000 gallons of | ||
wine; and (4) will not annually sell more than 5,000 | ||
gallons of its wine to retail licensees. | ||
(D) A self-distribution exemption holder shall | ||
annually certify to the Commission its production of | ||
wine in the previous 12 months and its anticipated | ||
production and sales for the next 12 months. The | ||
Commission may fine, suspend, or revoke a | ||
self-distribution exemption after a hearing if it | ||
finds that the exemption holder has made a material | ||
misrepresentation in its application, violated a | ||
revenue or liquor law of Illinois, exceeded production | ||
of 25,000 gallons of wine in any calendar year, or | ||
become part of an affiliated group producing more than | ||
25,000 gallons of wine or any other alcoholic liquor. | ||
(E) Except in hearings for violations of this Act | ||
or amendatory Act or a bona fide investigation by duly | ||
sworn law enforcement officials, the Commission, or | ||
its agents, the Commission shall maintain the | ||
production and sales information of a | ||
self-distribution exemption holder as confidential and | ||
shall not release such information to any person. | ||
(F) The Commission shall issue regulations | ||
governing self-distribution exemptions consistent with |
this Section and this Act. | ||
(G) Nothing in this subsection (17) shall prohibit | ||
a self-distribution exemption holder from entering | ||
into or simultaneously having a distribution agreement | ||
with a licensed Illinois distributor. | ||
(H) It is the intent of this subsection (17) to | ||
promote and continue orderly markets. The General | ||
Assembly finds that in order to preserve Illinois' | ||
regulatory distribution system it is necessary to | ||
create an exception for smaller makers of wine as their | ||
wines are frequently adjusted in varietals, mixes, | ||
vintages, and taste to find and create market niches | ||
sometimes too small for distributor or importing | ||
distributor business strategies. Limited | ||
self-distribution rights will afford and allow smaller | ||
makers of wine access to the marketplace in order to | ||
develop a customer base without impairing the | ||
integrity of the 3-tier system.
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(b) On or before April 30, 1999, the Commission shall | ||
present a written
report to the Governor and the General | ||
Assembly that shall be based on a study
of the impact of this | ||
amendatory Act of 1998 on the business of soliciting,
selling, | ||
and shipping
alcoholic liquor from outside of this State | ||
directly to residents of this
State.
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As part of its report, the Commission shall provide the | ||
following
information:
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(i) the amount of State excise and sales tax revenues | ||
generated as a
result of this amendatory Act of 1998;
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(ii) the amount of licensing fees received as a result | ||
of this amendatory
Act of 1998;
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(iii) the number of reported violations, the number of | ||
cease and desist
notices issued by the Commission, the | ||
number of notices of violations issued
to the Department of | ||
Revenue, and the number of notices and complaints of
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violations to law enforcement officials.
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(Source: P.A. 92-378, eff. 8-16-01; 92-813, eff. 8-21-02; | ||
93-1057, eff. 12-2-04.)
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(235 ILCS 5/5-1) (from Ch. 43, par. 115)
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Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||
Commission
shall be of the following classes:
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(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,
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(b) Distributor's license,
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(c) Importing Distributor's license,
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(d) Retailer's license,
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(e) Special Event Retailer's license (not-for-profit),
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(f) Railroad license,
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(g) Boat license,
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(h) Non-Beverage User's license,
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(i) Wine-maker's premises license,
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(j) Airplane license,
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(k) Foreign importer's license,
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(l) Broker's license,
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(m) Non-resident dealer's
license,
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(n) Brew Pub license,
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(o) Auction liquor license,
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(p) Caterer retailer license,
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(q) Special use permit license , .
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(r) Winery shipper's license.
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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.
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(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:
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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.
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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.
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Class 3. A Brewer may make sales and deliveries of beer to | ||
importing
distributors, distributors, and to non-licensees, | ||
and to
retailers provided the brewer obtains an importing | ||
distributor's license or
distributor's license in accordance | ||
with the provisions of this Act.
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Class 4. A first class wine-manufacturer may make sales and | ||
deliveries of
up to 50,000 gallons of wine to manufacturers,
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importing
distributors and distributors, and to no other | ||
licensees.
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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.
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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
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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 the effective date of this amendatory Act | ||
of the 95th General Assembly, 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 this amendatory Act of the 95th | ||
General Assembly.
A first-class wine-maker's license shall
| ||
allow the sale of no more than 5,000
gallons of the licensee's |
wine to retailers. The State Commission shall issue
only one | ||
first-class wine-maker's license to any person, firm, | ||
partnership,
corporation, or other legal business entity that | ||
is engaged in the making of
less than 50,000 gallons of wine | ||
annually that applies for a first-class
wine-maker's license. | ||
No subsidiary or affiliate thereof, nor any officer,
associate, | ||
member, partner, representative, employee, agent, or | ||
shareholder may
be issued an additional wine-maker's license by | ||
the State Commission.
| ||
Class 7. A second-class wine-maker's license shall allow | ||
the manufacture
of between 50,000 and 150,000
100,000 gallons | ||
of wine per year, and
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 the effective | ||
date of this amendatory Act of the 95th General Assembly, 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 this | ||
amendatory Act of the 95th General Assembly.
A second-class | ||
wine-maker's license shall allow the sale
of
no more than | ||
10,000 gallons of the licensee's wine directly to retailers.
| ||
The State Commission shall issue only one second-class | ||
wine-maker's license
to any person, firm, partnership, | ||
corporation, or other legal business entity
that is engaged in | ||
the making of less than 100,000 gallons of wine annually
that |
applies for a second-class wine-maker's license. No subsidiary | ||
or
affiliate thereof, or any officer, associate, member, | ||
partner, representative,
employee, agent, or shareholder may | ||
be issued an additional wine-maker's
license by the State | ||
Commission.
| ||
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.
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(a-1) A manufacturer which is licensed in this State to | ||
make sales or
deliveries of alcoholic liquor 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
| ||
suspension or revocation of the registration.
| ||
(b) A distributor's license shall allow 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.
| ||
(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.
| ||
(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 . Nothing in this amendatory Act of the | ||
95th General Assembly shall deny, limit, remove, or restrict | ||
the ability of a holder of a retailer's license to transfer, | ||
deliver, or ship alcoholic liquor to the purchaser for use or | ||
consumption subject to any applicable local law or ordinance. | ||
Any :
Provided that 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.
| ||
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.
| ||
(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 Riverboat 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 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 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 and
provided further that | ||
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.
| ||
(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, 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)
(1) 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)
(1) 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 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; and further provided
that | ||
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.
| ||
(n) A brew pub license shall allow the licensee to |
manufacture beer only
on the premises specified in the license, | ||
to make sales of the
beer manufactured on the premises to | ||
importing distributors, distributors,
and to non-licensees for | ||
use and consumption, to store the beer upon
the premises, and | ||
to sell and offer for sale at retail from the licensed
| ||
premises, provided that a brew pub licensee shall not sell for | ||
off-premises
consumption more than 50,000 gallons per year.
| ||
(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.
| ||
(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, and to sell or offer | ||
for sale at retail, only in the premises
specified in the | ||
license hereby created, the transferred 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.
| ||
(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 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 this amendatory Act. | ||
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 |
amendatory Act.
| ||||||||||||||||||||||||||
(Source: P.A. 92-105, eff. 1-1-02; 92-378, eff. 8-16-01; | ||||||||||||||||||||||||||
92-651, eff. 7-11-02; 92-672, eff. 7-16-02; 93-923, eff. | ||||||||||||||||||||||||||
8-12-04; 93-1057, eff. 12-2-04; revised 12-6-04.)
| ||||||||||||||||||||||||||
(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:
| ||||||||||||||||||||||||||
For a manufacturer's license:
| ||||||||||||||||||||||||||
|
|
| ||||||||||||||||||||||||||||
Fees collected under this Section shall be paid into the
| ||||||||||||||||||||||||||||
Dram Shop Fund. On and after July 1, 2003, of the funds | ||||||||||||||||||||||||||||
received for a
retailer's license, in
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. Beginning | ||||||||||||||||||||||||||||
June 30, 1990 and on June 30
of each
subsequent year through | ||||||||||||||||||||||||||||
June 29, 2003, any balance over $5,000,000
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. 92-378, eff.
8-16-01; 93-22, eff. 6-20-03 .)
| ||
(235 ILCS 5/6-4) (from Ch. 43, par. 121)
| ||
Sec. 6-4. (a) No person licensed by any licensing authority | ||
as a
distiller, or a wine manufacturer, or any subsidiary or | ||
affiliate
thereof, or any officer, associate, member, partner, | ||
representative,
employee, agent or shareholder owning more | ||
than 5% of the outstanding
shares of such person shall be | ||
issued an importing distributor's or
distributor's license, | ||
nor shall any person licensed by any licensing
authority as an | ||
importing distributor, distributor or retailer, or any
| ||
subsidiary or affiliate thereof, or any officer or associate, | ||
member,
partner, representative, employee, agent or | ||
shareholder owning more than
5% of the outstanding shares of |
such person be issued a distiller's
license or a wine | ||
manufacturer's license; and no person or persons
licensed as a | ||
distiller by any licensing authority shall have any
interest, | ||
directly or indirectly, with such distributor or importing
| ||
distributor.
| ||
However, an importing distributor or distributor, which on | ||
January
1, 1985 is owned by a brewer, or any subsidiary or | ||
affiliate thereof or any
officer, associate, member, partner, | ||
representative, employee, agent or
shareholder owning more | ||
than 5% of the outstanding shares of the importing
distributor | ||
or distributor referred to in this paragraph, may own or
| ||
acquire an ownership interest of more than 5% of the | ||
outstanding shares of
a wine manufacturer and be issued a wine
| ||
manufacturer's license by any licensing authority.
| ||
(b) The foregoing provisions shall not apply to any person | ||
licensed
by any licensing authority as a distiller or wine | ||
manufacturer, or to
any subsidiary or affiliate of any | ||
distiller or wine manufacturer who
shall have been heretofore | ||
licensed by the State Commission as either an
importing | ||
distributor or distributor during the annual licensing period
| ||
expiring June 30, 1947, and shall actually have made sales | ||
regularly to
retailers.
| ||
(c) Provided, however, that in such instances where a | ||
distributor's
or importing distributor's license has been | ||
issued to any distiller or
wine manufacturer or to any | ||
subsidiary or affiliate of any distiller or
wine manufacturer |
who has, during the licensing period ending June 30,
1947, sold | ||
or distributed as such licensed distributor or importing
| ||
distributor alcoholic liquors and wines to retailers, such | ||
distiller or
wine manufacturer or any subsidiary or affiliate | ||
of any distiller or
wine manufacturer holding such | ||
distributor's or importing distributor's
license may continue | ||
to sell or distribute to retailers such alcoholic
liquors and | ||
wines which are manufactured, distilled, processed or
marketed | ||
by distillers and wine manufacturers whose products it sold or
| ||
distributed to retailers during the whole or any part of its | ||
licensing
periods; and such additional brands and additional | ||
products may be added
to the line of such distributor or | ||
importing distributor, provided, that
such brands and such | ||
products were not sold or distributed by any
distributor or | ||
importing distributor licensed by the State Commission
during | ||
the licensing period ending June 30, 1947, but can not sell or
| ||
distribute to retailers any other alcoholic liquors or wines.
| ||
(d) It shall be unlawful for any distiller licensed | ||
anywhere to have
any stock ownership or interest in any | ||
distributor's or importing
distributor's license wherein any | ||
other person has an interest therein
who is not a distiller and | ||
does not own more than 5% of any stock in any
distillery. | ||
Nothing herein contained shall apply to such distillers or
| ||
their subsidiaries or affiliates, who had a distributor's or | ||
importing
distributor's license during the licensing period | ||
ending June 30, 1947,
which license was owned in whole by such |
distiller, or subsidiaries or
affiliates of such distiller.
| ||
(e) Any person having been licensed as a manufacturer shall | ||
be
permitted to receive one retailer's license for the premises | ||
in which he
actually conducts such business, permitting the | ||
sale of beer only on
such premises, but no such person shall be | ||
entitled to more than one
retailer's license in any event, and, | ||
other than a manufacturer of beer
as stated above, no | ||
manufacturer or distributor or importing
distributor, | ||
excluding airplane licensees exercising powers provided in
| ||
paragraph (i) of Section 5-1 of this Act, or any subsidiary or | ||
affiliate
thereof, or any officer,
associate, member, partner, | ||
representative, employee or agent, or
shareholder shall be | ||
issued a retailer's license, nor shall any person
having a | ||
retailer's license, excluding airplane licensees exercising | ||
powers
provided in paragraph (i) of Section 5-1 of this
Act, or | ||
any subsidiary or affiliate thereof, or
any officer, associate, | ||
member, partner, representative or agent, or
shareholder be | ||
issued a manufacturer's license, importing distributor's
| ||
license.
| ||
(f) However, the foregoing prohibitions against any person | ||
licensed as
a distiller or wine manufacturer being issued a | ||
retailer's license shall not apply:
| ||
(i) to any hotel, motel or restaurant whose principal | ||
business is not
the sale of alcoholic liquors if said | ||
retailer's sales of any alcoholic
liquors manufactured, sold, | ||
distributed or controlled, directly or
indirectly, by any |
affiliate, subsidiary, officer, associate, member,
partner, | ||
representative, employee, agent or shareholder owning more | ||
than 5%
of the outstanding shares of such person does not | ||
exceed
10% of the total alcoholic liquor sales of said retail | ||
licensee; and
| ||
(ii) where the Commission determines, having considered | ||
the public
welfare, the economic impact upon the State and the | ||
entirety of the facts
and circumstances involved, that the | ||
purpose and intent of this Section
would not be violated by | ||
granting an exemption.
| ||
(g) Notwithstanding any of the foregoing prohibitions, a | ||
limited wine
manufacturer may sell at retail at its | ||
manufacturing site for on or off
premises consumption and may | ||
sell to distributors. A limited wine manufacturer 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.
| ||
(Source: P.A. 86-858.)
| ||
(235 ILCS 5/6-29) (from Ch. 43, par. 144e)
| ||
Sec. 6-29. Winery shipper's license.
Interstate reciprocal | ||
wine shipments.
| ||
(a) The General Assembly declares that the following is the
| ||
intent of this Section: | ||
(1) To authorize direct shipment of wine by an
| ||
out-of-state maker of wine on the same basis permitted an
|
in-state maker of wine pursuant to the authority of the | ||
State
under the provisions of Section 2 of the Twenty-First
| ||
Amendment to the United States Constitution and in
| ||
conformance with the United States Supreme Court decision
| ||
decided on May 16, 2005 in Granholm v. Heald. | ||
(2) To reaffirm that the General Assembly's findings
| ||
and declarations that selling alcoholic liquor through
| ||
various direct marketing means such as catalogs,
| ||
newspapers, mailings, and the Internet directly to
| ||
consumers of this State poses a serious threat to the
| ||
State's efforts to further temperance and prevent youth
| ||
from accessing alcoholic liquor and the expansion of youth
| ||
access to additional types of alcoholic liquors. | ||
(3) To maintain the State's broad powers granted by
| ||
Section 2 of the Twenty-First Amendment to the United
| ||
States Constitution to control the importation or sale of
| ||
alcoholic liquor and its right to structure its alcoholic
| ||
liquor distribution system. | ||
(4) To ensure that the General Assembly, by authorizing
| ||
limited direct shipment of wine to meet the directives of
| ||
the United States Supreme Court, does not intend to impair
| ||
or modify the State's distribution of wine through
| ||
distributors or importing distributors, but only to permit
| ||
limited shipment of wine for personal use. | ||
(5) To provide that, in the event that a court of
| ||
competent jurisdiction declares or finds that this
|
Section, which is enacted to conform Illinois law to the
| ||
United States Supreme Court decision, is invalid or
| ||
unconstitutional, the Illinois General Assembly at its
| ||
earliest general session shall conduct hearings and study
| ||
methods to conform to any directive or order of the court | ||
consistent with the temperance and
revenue collection | ||
purposes of this Act. | ||
(b) Notwithstanding any other provision of law, a
wine | ||
shipper licensee may ship, for personal use and not for
resale, | ||
not more than 12 cases of wine per year to any resident
of this | ||
State who is 21 years of age or older. | ||
(b-3) Notwithstanding any other provision of law, sale and
| ||
shipment by a winery shipper licensee pursuant to this
Section | ||
shall be deemed to constitute a sale in this State. | ||
(b-5) The shipping container of any wine shipped under this
| ||
Section shall be clearly labeled with the following words:
| ||
"CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF AGE OR
| ||
OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY MUST BE
| ||
SHOWN BEFORE DELIVERY.". This warning must be prominently
| ||
displayed on the packaging. A licensee shall require the
| ||
transporter or common carrier that delivers the wine to obtain
| ||
the signature of a person 21 years of age or older at the
| ||
delivery address at the time of delivery. At the expense of the
| ||
licensee, the licensee shall receive a delivery confirmation
| ||
from the express company, common carrier, or contract carrier
| ||
indicating the location of the delivery, time of delivery, and
|
the name and signature of the individual 21 years of age or
| ||
older who accepts delivery. The Commission shall design
and | ||
create a label or approve a label that must be affixed to
the | ||
shipping container by the licensee.
| ||
(a) Notwithstanding
any other provision of law, an adult | ||
resident or holder of an alcoholic
beverage license in a state | ||
which affords Illinois licensees or adult
residents an equal | ||
reciprocal shipping privilege may ship, for personal use
and | ||
not for resale, not more than 2 cases of wine (each case | ||
containing not
more than 9 liters) per year to any adult | ||
resident of this State. Delivery
of a shipment pursuant to this | ||
Section shall not be deemed to constitute a
sale in this State.
| ||
(b) The shipping container of any wine sent into or out of | ||
this State
under this Section shall be clearly labeled to | ||
indicate that the package
cannot be delivered to a person under | ||
the age of 21 years.
| ||
(c) No broker within this State shall solicit consumers to | ||
engage in
direct
interstate reciprocal wine shipments under | ||
this Section. No shipper
located outside this State may | ||
advertise such interstate reciprocal wine
shipments in this | ||
State.
| ||
(d) It is not the intent of this Section to impair the | ||
distribution of
wine through distributors or importing | ||
distributors, but only to permit
shipments of wine for personal | ||
use.
| ||
(Source: P.A. 86-1483.)
|
(235 ILCS 5/6-29.1)
| ||
Sec. 6-29.1. Direct shipments of alcoholic liquor. | ||
(a) The General Assembly makes the following findings: | ||
(1) The General Assembly of Illinois, having reviewed
| ||
this Act in light of the United
States Supreme Court's 2005 | ||
decision in Granholm v. Heald,
has determined to conform | ||
that law to the constitutional
principles enunciated by the | ||
Court in a manner that best
preserves the temperance, | ||
revenue, and orderly
distribution values of this Act. | ||
(2) Minimizing automobile accidents and fatalities,
| ||
domestic violence, health problems, loss of productivity,
| ||
unemployment, and other social problems associated with
| ||
dependency and improvident use of alcoholic beverages
| ||
remains the policy of Illinois. | ||
(3) To the maximum extent constitutionally feasible,
| ||
Illinois desires to collect sufficient revenue from excise
| ||
and use taxes on alcoholic beverages for the purpose of
| ||
responding to such social problems. | ||
(4) Combined with family education and individual
| ||
discipline, retail validation of age, and assessment of the
| ||
capacity of the consumer remains the best pre-sale social
| ||
protection against the problems associated with the abuse
| ||
of alcoholic liquor. | ||
(5) Therefore, the paramount purpose of this | ||
amendatory Act is to
continue to carefully limit direct |
shipment sales of wine produced by makers of wine
and to | ||
continue to prohibit such direct shipment sales for
spirits | ||
and beer. | ||
For these reasons, the Commission shall establish
a system | ||
to notify the out-of-state trade of this prohibition
and to | ||
detect violations. The Commission shall request
the Attorney | ||
General to extradite any offender.
| ||
(b) Pursuant to the
Twenty-First Amendment of the United | ||
States Constitution allowing states to
regulate the | ||
distribution and sale of alcoholic liquor and pursuant to the
| ||
federal Webb-Kenyon Act declaring that alcoholic liquor | ||
shipped in interstate
commerce must comply with state laws, the | ||
General Assembly hereby finds and
declares that selling | ||
alcoholic liquor from a point outside this State
through | ||
various direct marketing means, such as catalogs,
newspapers, | ||
mailers, and the Internet,
directly to residents of this State | ||
poses a serious threat
to the State's efforts to prevent youths | ||
from accessing alcoholic liquor;
to State revenue collections; | ||
and to the economy of this State.
| ||
Any person manufacturing, distributing, or selling
| ||
alcoholic liquor who knowingly ships or transports or causes | ||
the shipping or
transportation of any alcoholic liquor from a | ||
point outside this State to a
person in this State who does not | ||
hold a manufacturer's, distributor's,
importing distributor's, | ||
or non-resident dealer's license issued by the Liquor
Control | ||
Commission, other than a shipment of sacramental wine to a bona |
fide
religious organization, a shipment authorized by Section | ||
6-29 , subparagraph (17) of Section 3-12 , or any other
shipment | ||
authorized by this Act, is in violation of this Act.
| ||
The Commission, upon determining, after investigation, | ||
that a person
has violated this Section, shall give notice to | ||
the person by certified mail to
cease and desist all shipments | ||
of
alcoholic liquor into this State and to withdraw from this | ||
State within 5
working days after receipt of the notice all | ||
shipments of alcoholic liquor then
in transit.
| ||
Whenever the Commission has reason to believe that a person
| ||
has failed to comply with the Commission notice under this | ||
Section, it shall
notify the Department of Revenue and file a | ||
complaint with the State's Attorney
of the county where the | ||
alcoholic liquor was delivered or with appropriate
law | ||
enforcement officials.
| ||
Failure to comply with the notice issued by the Commission | ||
under this Section
constitutes a
business offense for which the | ||
person shall be fined not more than $1,000 for
a first offense, | ||
not more than $5,000 for a second offense, and not more than
| ||
$10,000 for a third or
subsequent offense. Each shipment of | ||
alcoholic liquor delivered in
violation of the cease and desist | ||
notice shall constitute a separate offense.
| ||
(Source: P.A. 90-739, eff. 8-13-98.)
| ||
Section 90. Severability. The General Assembly recognizes | ||
that courts established pursuant to the Constitution of the |
United States and the Constitution of the State of Illinois | ||
construe statutory provisions dealing with judicial | ||
interpretation, severability, and partial invalidity by | ||
determining whether the legislative intent was to enforce the | ||
remainder of the law enacted in the event of a judicial | ||
determination of partial invalidity. For the purpose of | ||
explaining such intent, if any provision, application, | ||
exemption, exception, or authorization of this amendatory Act, | ||
the Retailer's Occupation Tax Act, Section 3-7 of the Uniform | ||
Penalty and Interest Act, or the Liquor Control Act of 1934 is | ||
held invalid, then all other constitutional provisions, | ||
exemptions, exceptions, and authorizations of this amendatory | ||
Act are severable and shall be given effect. |