103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2193 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 235 ILCS 5/5-1 from Ch. 43, par. 115235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/6-29 from Ch. 43, par. 144e Amends the Liquor Control Act of 1934. Creates a brewer shipper's license that allows a person with a brewer, class 1 brewer, class 2 brewer, class 3 brewer, or brewpub license or who is licensed to make beer under the laws of another state to ship beer 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. Sets forth provisions concerning application for the license; license fees; third-party providers; taxes; and reporting and other requirements. Makes conforming changes. LRB103 28600 RPS 54981 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2193 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 235 ILCS 5/5-1 from Ch. 43, par. 115235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/6-29 from Ch. 43, par. 144e 235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/6-29 from Ch. 43, par. 144e Amends the Liquor Control Act of 1934. Creates a brewer shipper's license that allows a person with a brewer, class 1 brewer, class 2 brewer, class 3 brewer, or brewpub license or who is licensed to make beer under the laws of another state to ship beer 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. Sets forth provisions concerning application for the license; license fees; third-party providers; taxes; and reporting and other requirements. Makes conforming changes. LRB103 28600 RPS 54981 b LRB103 28600 RPS 54981 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2193 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
235 ILCS 5/5-1 from Ch. 43, par. 115235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/6-29 from Ch. 43, par. 144e 235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/6-29 from Ch. 43, par. 144e
235 ILCS 5/5-1 from Ch. 43, par. 115
235 ILCS 5/5-3 from Ch. 43, par. 118
235 ILCS 5/6-29 from Ch. 43, par. 144e
Amends the Liquor Control Act of 1934. Creates a brewer shipper's license that allows a person with a brewer, class 1 brewer, class 2 brewer, class 3 brewer, or brewpub license or who is licensed to make beer under the laws of another state to ship beer 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. Sets forth provisions concerning application for the license; license fees; third-party providers; taxes; and reporting and other requirements. Makes conforming changes.
LRB103 28600 RPS 54981 b LRB103 28600 RPS 54981 b
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A BILL FOR
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SB2193 LRB103 28600 RPS 54981 b
1 AN ACT concerning liquor.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5 changing Sections 5-1, 5-3, and 6-29 as follows:
6 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
7 Sec. 5-1. Licenses issued by the Illinois Liquor Control
8 Commission shall be of the following classes:
9 (a) Manufacturer's license - Class 1. Distiller, Class 2.
10 Rectifier, Class 3. Brewer, Class 4. First Class Wine
11 Manufacturer, Class 5. Second Class Wine Manufacturer, Class
12 6. First Class Winemaker, Class 7. Second Class Winemaker,
13 Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
14 Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft
15 Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
16 Class 14. Class 3 Brewer,
17 (b) Distributor's license,
18 (c) Importing Distributor's license,
19 (d) Retailer's license,
20 (e) Special Event Retailer's license (not-for-profit),
21 (f) Railroad license,
22 (g) Boat license,
23 (h) Non-Beverage User's license,
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2193 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
235 ILCS 5/5-1 from Ch. 43, par. 115235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/6-29 from Ch. 43, par. 144e 235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/6-29 from Ch. 43, par. 144e
235 ILCS 5/5-1 from Ch. 43, par. 115
235 ILCS 5/5-3 from Ch. 43, par. 118
235 ILCS 5/6-29 from Ch. 43, par. 144e
Amends the Liquor Control Act of 1934. Creates a brewer shipper's license that allows a person with a brewer, class 1 brewer, class 2 brewer, class 3 brewer, or brewpub license or who is licensed to make beer under the laws of another state to ship beer 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. Sets forth provisions concerning application for the license; license fees; third-party providers; taxes; and reporting and other requirements. Makes conforming changes.
LRB103 28600 RPS 54981 b LRB103 28600 RPS 54981 b
LRB103 28600 RPS 54981 b
A BILL FOR
235 ILCS 5/5-1 from Ch. 43, par. 115
235 ILCS 5/5-3 from Ch. 43, par. 118
235 ILCS 5/6-29 from Ch. 43, par. 144e
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1 (i) Wine-maker's premises license,
2 (j) Airplane license,
3 (k) Foreign importer's license,
4 (l) Broker's license,
5 (m) Non-resident dealer's license,
6 (n) Brew Pub license,
7 (o) Auction liquor license,
8 (p) Caterer retailer license,
9 (q) Special use permit license,
10 (r) Winery shipper's license,
11 (s) Craft distiller tasting permit,
12 (t) Brewer warehouse permit,
13 (u) Distilling pub license,
14 (v) Craft distiller warehouse permit,
15 (w) Beer showcase permit, .
16 (x) Brewer shipper's license.
17 No person, firm, partnership, corporation, or other legal
18 business entity that is engaged in the manufacturing of wine
19 may concurrently obtain and hold a wine-maker's license and a
20 wine manufacturer's license.
21 (a) A manufacturer's license shall allow the manufacture,
22 importation in bulk, storage, distribution and sale of
23 alcoholic liquor to persons without the State, as may be
24 permitted by law and to licensees in this State as follows:
25 Class 1. A Distiller may make sales and deliveries of
26 alcoholic liquor to distillers, rectifiers, importing
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1 distributors, distributors and non-beverage users and to no
2 other licensees.
3 Class 2. A Rectifier, who is not a distiller, as defined
4 herein, may make sales and deliveries of alcoholic liquor to
5 rectifiers, importing distributors, distributors, retailers
6 and non-beverage users and to no other licensees.
7 Class 3. A Brewer may make sales and deliveries of beer to
8 importing distributors and distributors and may make sales as
9 authorized under subsection (e) of Section 6-4 of this Act,
10 including any alcoholic liquor that subsection (e) of Section
11 6-4 authorizes a brewer to sell in its original package only to
12 a non-licensee for pick-up by a non-licensee either within the
13 interior of the brewery premises or at outside of the brewery
14 premises at a curb-side or parking lot adjacent to the brewery
15 premises, subject to any local ordinance.
16 Class 4. A first class wine-manufacturer may make sales
17 and deliveries of up to 50,000 gallons of wine to
18 manufacturers, importing distributors and distributors, and to
19 no other licensees. If a first-class wine-manufacturer
20 manufactures beer, it shall also obtain and shall only be
21 eligible for, in addition to any current license, a class 1
22 brewer license, shall not manufacture more than 930,000
23 gallons of beer per year, and shall not be a member of or
24 affiliated with, directly or indirectly, a manufacturer that
25 produces more than 930,000 gallons of beer per year. If the
26 first-class wine-manufacturer manufactures spirits, it shall
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1 also obtain and shall only be eligible for, in addition to any
2 current license, a class 1 craft distiller license, shall not
3 manufacture more than 50,000 gallons of spirits per year, and
4 shall not be a member of or affiliated with, directly or
5 indirectly, a manufacturer that produces more than 50,000
6 gallons of spirits per year. A first-class wine-manufacturer
7 shall be permitted to sell wine manufactured at the
8 first-class wine-manufacturer premises to non-licensees.
9 Class 5. A second class Wine manufacturer may make sales
10 and deliveries of more than 50,000 gallons of wine to
11 manufacturers, importing distributors and distributors and to
12 no other licensees.
13 Class 6. A first-class wine-maker's license shall allow
14 the manufacture of up to 50,000 gallons of wine per year, and
15 the storage and sale of such wine to distributors in the State
16 and to persons without the State, as may be permitted by law. A
17 person who, prior to June 1, 2008 (the effective date of Public
18 Act 95-634), is a holder of a first-class wine-maker's license
19 and annually produces more than 25,000 gallons of its own wine
20 and who distributes its wine to licensed retailers shall cease
21 this practice on or before July 1, 2008 in compliance with
22 Public Act 95-634. If a first-class wine-maker manufactures
23 beer, it shall also obtain and shall only be eligible for, in
24 addition to any current license, a class 1 brewer license,
25 shall not manufacture more than 930,000 gallons of beer per
26 year, and shall not be a member of or affiliated with, directly
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1 or indirectly, a manufacturer that produces more than 930,000
2 gallons of beer per year. If the first-class wine-maker
3 manufactures spirits, it shall also obtain and shall only be
4 eligible for, in addition to any current license, a class 1
5 craft distiller license, shall not manufacture more than
6 50,000 gallons of spirits per year, and shall not be a member
7 of or affiliated with, directly or indirectly, a manufacturer
8 that produces more than 50,000 gallons of spirits per year. A
9 first-class wine-maker holding a class 1 brewer license or a
10 class 1 craft distiller license shall not be eligible for a
11 wine-maker's premises license but shall be permitted to sell
12 wine manufactured at the first-class wine-maker premises to
13 non-licensees.
14 Class 7. A second-class wine-maker's license shall allow
15 the manufacture of up to 150,000 gallons of wine per year, and
16 the storage and sale of such wine to distributors in this State
17 and to persons without the State, as may be permitted by law. A
18 person who, prior to June 1, 2008 (the effective date of Public
19 Act 95-634), is a holder of a second-class wine-maker's
20 license and annually produces more than 25,000 gallons of its
21 own wine and who distributes its wine to licensed retailers
22 shall cease this practice on or before July 1, 2008 in
23 compliance with Public Act 95-634. If a second-class
24 wine-maker manufactures beer, it shall also obtain and shall
25 only be eligible for, in addition to any current license, a
26 class 2 brewer license, shall not manufacture more than
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1 3,720,000 gallons of beer per year, and shall not be a member
2 of or affiliated with, directly or indirectly, a manufacturer
3 that produces more than 3,720,000 gallons of beer per year. If
4 a second-class wine-maker manufactures spirits, it shall also
5 obtain and shall only be eligible for, in addition to any
6 current license, a class 2 craft distiller license, shall not
7 manufacture more than 100,000 gallons of spirits per year, and
8 shall not be a member of or affiliated with, directly or
9 indirectly, a manufacturer that produces more than 100,000
10 gallons of spirits per year.
11 Class 8. A limited wine-manufacturer may make sales and
12 deliveries not to exceed 40,000 gallons of wine per year to
13 distributors, and to non-licensees in accordance with the
14 provisions of this Act.
15 Class 9. A craft distiller license, which may only be held
16 by a class 1 craft distiller licensee or class 2 craft
17 distiller licensee but not held by both a class 1 craft
18 distiller licensee and a class 2 craft distiller licensee,
19 shall grant all rights conveyed by either: (i) a class 1 craft
20 distiller license if the craft distiller holds a class 1 craft
21 distiller license; or (ii) a class 2 craft distiller licensee
22 if the craft distiller holds a class 2 craft distiller
23 license.
24 Class 10. A class 1 craft distiller license, which may
25 only be issued to a licensed craft distiller or licensed
26 non-resident dealer, shall allow the manufacture of up to
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1 50,000 gallons of spirits per year provided that the class 1
2 craft distiller licensee does not manufacture more than a
3 combined 50,000 gallons of spirits per year and is not a member
4 of or affiliated with, directly or indirectly, a manufacturer
5 that produces more than 50,000 gallons of spirits per year. If
6 a class 1 craft distiller manufactures beer, it shall also
7 obtain and shall only be eligible for, in addition to any
8 current license, a class 1 brewer license, shall not
9 manufacture more than 930,000 gallons of beer per year, and
10 shall not be a member of or affiliated with, directly or
11 indirectly, a manufacturer that produces more than 930,000
12 gallons of beer per year. If a class 1 craft distiller
13 manufactures wine, it shall also obtain and shall only be
14 eligible for, in addition to any current license, a
15 first-class wine-manufacturer license or a first-class
16 wine-maker's license, shall not manufacture more than 50,000
17 gallons of wine per year, and shall not be a member of or
18 affiliated with, directly or indirectly, a manufacturer that
19 produces more than 50,000 gallons of wine per year. A class 1
20 craft distiller licensee may make sales and deliveries to
21 importing distributors and distributors and to retail
22 licensees in accordance with the conditions set forth in
23 paragraph (19) of subsection (a) of Section 3-12 of this Act.
24 However, the aggregate amount of spirits sold to non-licensees
25 and sold or delivered to retail licensees may not exceed 5,000
26 gallons per year.
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1 A class 1 craft distiller licensee may sell up to 5,000
2 gallons of such spirits to non-licensees to the extent
3 permitted by any exemption approved by the State Commission
4 pursuant to Section 6-4 of this Act. A class 1 craft distiller
5 license holder may store such spirits at a non-contiguous
6 licensed location, but at no time shall a class 1 craft
7 distiller license holder directly or indirectly produce in the
8 aggregate more than 50,000 gallons of spirits per year.
9 A class 1 craft distiller licensee may hold more than one
10 class 1 craft distiller's license. However, a class 1 craft
11 distiller that holds more than one class 1 craft distiller
12 license shall not manufacture, in the aggregate, more than
13 50,000 gallons of spirits by distillation per year and shall
14 not sell, in the aggregate, more than 5,000 gallons of such
15 spirits to non-licensees in accordance with an exemption
16 approved by the State Commission pursuant to Section 6-4 of
17 this Act.
18 Class 11. A class 2 craft distiller license, which may
19 only be issued to a licensed craft distiller or licensed
20 non-resident dealer, shall allow the manufacture of up to
21 100,000 gallons of spirits per year provided that the class 2
22 craft distiller licensee does not manufacture more than a
23 combined 100,000 gallons of spirits per year and is not a
24 member of or affiliated with, directly or indirectly, a
25 manufacturer that produces more than 100,000 gallons of
26 spirits per year. If a class 2 craft distiller manufactures
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1 beer, it shall also obtain and shall only be eligible for, in
2 addition to any current license, a class 2 brewer license,
3 shall not manufacture more than 3,720,000 gallons of beer per
4 year, and shall not be a member of or affiliated with, directly
5 or indirectly, a manufacturer that produces more than
6 3,720,000 gallons of beer per year. If a class 2 craft
7 distiller manufactures wine, it shall also obtain and shall
8 only be eligible for, in addition to any current license, a
9 second-class wine-maker's license, shall not manufacture more
10 than 150,000 gallons of wine per year, and shall not be a
11 member of or affiliated with, directly or indirectly, a
12 manufacturer that produces more than 150,000 gallons of wine
13 per year. A class 2 craft distiller licensee may make sales and
14 deliveries to importing distributors and distributors, but
15 shall not make sales or deliveries to any other licensee. If
16 the State Commission provides prior approval, a class 2 craft
17 distiller licensee may annually transfer up to 100,000 gallons
18 of spirits manufactured by that class 2 craft distiller
19 licensee to the premises of a licensed class 2 craft distiller
20 wholly owned and operated by the same licensee. A class 2 craft
21 distiller may transfer spirits to a distilling pub wholly
22 owned and operated by the class 2 craft distiller subject to
23 the following limitations and restrictions: (i) the transfer
24 shall not annually exceed more than 5,000 gallons; (ii) the
25 annual amount transferred shall reduce the distilling pub's
26 annual permitted production limit; (iii) all spirits
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1 transferred shall be subject to Article VIII of this Act; (iv)
2 a written record shall be maintained by the distiller and
3 distilling pub specifying the amount, date of delivery, and
4 receipt of the product by the distilling pub; and (v) the
5 distilling pub shall be located no farther than 80 miles from
6 the class 2 craft distiller's licensed location.
7 A class 2 craft distiller shall, prior to transferring
8 spirits to a distilling pub wholly owned by the class 2 craft
9 distiller, furnish a written notice to the State Commission of
10 intent to transfer spirits setting forth the name and address
11 of the distilling pub and shall annually submit to the State
12 Commission a verified report identifying the total gallons of
13 spirits transferred to the distilling pub wholly owned by the
14 class 2 craft distiller.
15 A class 2 craft distiller license holder may store such
16 spirits at a non-contiguous licensed location, but at no time
17 shall a class 2 craft distiller license holder directly or
18 indirectly produce in the aggregate more than 100,000 gallons
19 of spirits per year.
20 Class 12. A class 1 brewer license, which may only be
21 issued to a licensed brewer or licensed non-resident dealer,
22 shall allow the manufacture of up to 930,000 gallons of beer
23 per year provided that the class 1 brewer licensee does not
24 manufacture more than a combined 930,000 gallons of beer per
25 year and is not a member of or affiliated with, directly or
26 indirectly, a manufacturer that produces more than 930,000
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1 gallons of beer per year. If a class 1 brewer manufactures
2 spirits, it shall also obtain and shall only be eligible for,
3 in addition to any current license, a class 1 craft distiller
4 license, shall not manufacture more than 50,000 gallons of
5 spirits per year, and shall not be a member of or affiliated
6 with, directly or indirectly, a manufacturer that produces
7 more than 50,000 gallons of spirits per year. If a class 1
8 craft brewer manufactures wine, it shall also obtain and shall
9 only be eligible for, in addition to any current license, a
10 first-class wine-manufacturer license or a first-class
11 wine-maker's license, shall not manufacture more than 50,000
12 gallons of wine per year, and shall not be a member of or
13 affiliated with, directly or indirectly, a manufacturer that
14 produces more than 50,000 gallons of wine per year. A class 1
15 brewer licensee may make sales and deliveries to importing
16 distributors and distributors and to retail licensees in
17 accordance with the conditions set forth in paragraph (18) of
18 subsection (a) of Section 3-12 of this Act. If the State
19 Commission provides prior approval, a class 1 brewer may
20 annually transfer up to 930,000 gallons of beer manufactured
21 by that class 1 brewer to the premises of a licensed class 1
22 brewer wholly owned and operated by the same licensee.
23 Class 13. A class 2 brewer license, which may only be
24 issued to a licensed brewer or licensed non-resident dealer,
25 shall allow the manufacture of up to 3,720,000 gallons of beer
26 per year provided that the class 2 brewer licensee does not
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1 manufacture more than a combined 3,720,000 gallons of beer per
2 year and is not a member of or affiliated with, directly or
3 indirectly, a manufacturer that produces more than 3,720,000
4 gallons of beer per year. If a class 2 brewer manufactures
5 spirits, it shall also obtain and shall only be eligible for,
6 in addition to any current license, a class 2 craft distiller
7 license, shall not manufacture more than 100,000 gallons of
8 spirits per year, and shall not be a member of or affiliated
9 with, directly or indirectly, a manufacturer that produces
10 more than 100,000 gallons of spirits per year. If a class 2
11 craft distiller manufactures wine, it shall also obtain and
12 shall only be eligible for, in addition to any current
13 license, a second-class wine-maker's license, shall not
14 manufacture more than 150,000 gallons of wine per year, and
15 shall not be a member of or affiliated with, directly or
16 indirectly, a manufacturer that produces more than 150,000
17 gallons of wine a year. A class 2 brewer licensee may make
18 sales and deliveries to importing distributors and
19 distributors, but shall not make sales or deliveries to any
20 other licensee. If the State Commission provides prior
21 approval, a class 2 brewer licensee may annually transfer up
22 to 3,720,000 gallons of beer manufactured by that class 2
23 brewer licensee to the premises of a licensed class 2 brewer
24 wholly owned and operated by the same licensee.
25 A class 2 brewer may transfer beer to a brew pub wholly
26 owned and operated by the class 2 brewer subject to the
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1 following limitations and restrictions: (i) the transfer shall
2 not annually exceed more than 31,000 gallons; (ii) the annual
3 amount transferred shall reduce the brew pub's annual
4 permitted production limit; (iii) all beer transferred shall
5 be subject to Article VIII of this Act; (iv) a written record
6 shall be maintained by the brewer and brew pub specifying the
7 amount, date of delivery, and receipt of the product by the
8 brew pub; and (v) the brew pub shall be located no farther than
9 80 miles from the class 2 brewer's licensed location.
10 A class 2 brewer shall, prior to transferring beer to a
11 brew pub wholly owned by the class 2 brewer, furnish a written
12 notice to the State Commission of intent to transfer beer
13 setting forth the name and address of the brew pub and shall
14 annually submit to the State Commission a verified report
15 identifying the total gallons of beer transferred to the brew
16 pub wholly owned by the class 2 brewer.
17 Class 14. A class 3 brewer license, which may be issued to
18 a brewer or a non-resident dealer, shall allow the manufacture
19 of no more than 465,000 gallons of beer per year and no more
20 than 155,000 gallons at a single brewery premises, and shall
21 allow the sale of no more than 6,200 gallons of beer from each
22 in-state or out-of-state class 3 brewery premises, or 18,600
23 gallons in the aggregate, to retail licensees, class 1
24 brewers, class 2 brewers, and class 3 brewers as long as the
25 class 3 brewer licensee does not manufacture more than a
26 combined 465,000 gallons of beer per year and is not a member
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1 of or affiliated with, directly or indirectly, a manufacturer
2 that produces more than 465,000 gallons of beer per year to
3 make sales to importing distributors, distributors, retail
4 licensees, brewers, class 1 brewers, class 2 brewers, and
5 class 3 brewers in accordance with the conditions set forth in
6 paragraph (20) of subsection (a) of Section 3-12. If the State
7 Commission provides prior approval, a class 3 brewer may
8 annually transfer up to 155,000 gallons of beer manufactured
9 by that class 3 brewer to the premises of a licensed class 3
10 brewer wholly owned and operated by the same licensee. A class
11 3 brewer shall manufacture beer at the brewer's class 3
12 designated licensed premises, and may sell beer as otherwise
13 provided in this Act.
14 (a-1) A manufacturer which is licensed in this State to
15 make sales or deliveries of alcoholic liquor to licensed
16 distributors or importing distributors and which enlists
17 agents, representatives, or individuals acting on its behalf
18 who contact licensed retailers on a regular and continual
19 basis in this State must register those agents,
20 representatives, or persons acting on its behalf with the
21 State Commission.
22 Registration of agents, representatives, or persons acting
23 on behalf of a manufacturer is fulfilled by submitting a form
24 to the Commission. The form shall be developed by the
25 Commission and shall include the name and address of the
26 applicant, the name and address of the manufacturer he or she
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1 represents, the territory or areas assigned to sell to or
2 discuss pricing terms of alcoholic liquor, and any other
3 questions deemed appropriate and necessary. All statements in
4 the forms required to be made by law or by rule shall be deemed
5 material, and any person who knowingly misstates any material
6 fact under oath in an application is guilty of a Class B
7 misdemeanor. Fraud, misrepresentation, false statements,
8 misleading statements, evasions, or suppression of material
9 facts in the securing of a registration are grounds for
10 suspension or revocation of the registration. The State
11 Commission shall post a list of registered agents on the
12 Commission's website.
13 (b) A distributor's license shall allow (i) the wholesale
14 purchase and storage of alcoholic liquors and sale of
15 alcoholic liquors to licensees in this State and to persons
16 without the State, as may be permitted by law; (ii) the sale of
17 beer, cider, mead, or any combination thereof to brewers,
18 class 1 brewers, and class 2 brewers that, pursuant to
19 subsection (e) of Section 6-4 of this Act, sell beer, cider,
20 mead, or any combination thereof to non-licensees at their
21 breweries; (iii) the sale of vermouth to class 1 craft
22 distillers and class 2 craft distillers that, pursuant to
23 subsection (e) of Section 6-4 of this Act, sell spirits,
24 vermouth, or both spirits and vermouth to non-licensees at
25 their distilleries; or (iv) as otherwise provided in this Act.
26 No person licensed as a distributor shall be granted a
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1 non-resident dealer's license.
2 (c) An importing distributor's license may be issued to
3 and held by those only who are duly licensed distributors,
4 upon the filing of an application by a duly licensed
5 distributor, with the Commission and the Commission shall,
6 without the payment of any fee, immediately issue such
7 importing distributor's license to the applicant, which shall
8 allow the importation of alcoholic liquor by the licensee into
9 this State from any point in the United States outside this
10 State, and the purchase of alcoholic liquor in barrels, casks
11 or other bulk containers and the bottling of such alcoholic
12 liquors before resale thereof, but all bottles or containers
13 so filled shall be sealed, labeled, stamped and otherwise made
14 to comply with all provisions, rules and regulations governing
15 manufacturers in the preparation and bottling of alcoholic
16 liquors. The importing distributor's license shall permit such
17 licensee to purchase alcoholic liquor from Illinois licensed
18 non-resident dealers and foreign importers only. No person
19 licensed as an importing distributor shall be granted a
20 non-resident dealer's license.
21 (d) A retailer's license shall allow the licensee to sell
22 and offer for sale at retail, only in the premises specified in
23 the license, alcoholic liquor for use or consumption, but not
24 for resale in any form. Except as provided in Section 6-16,
25 6-29, or 6-29.1, nothing in this Act shall deny, limit,
26 remove, or restrict the ability of a holder of a retailer's
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1 license to transfer or ship alcoholic liquor to the purchaser
2 for use or consumption subject to any applicable local law or
3 ordinance. For the purposes of this Section, "shipping" means
4 the movement of alcoholic liquor from a licensed retailer to a
5 consumer via a common carrier. Except as provided in Section
6 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit,
7 remove, or restrict the ability of a holder of a retailer's
8 license to deliver alcoholic liquor to the purchaser for use
9 or consumption. The delivery shall be made only within 12
10 hours from the time the alcoholic liquor leaves the licensed
11 premises of the retailer for delivery. For the purposes of
12 this Section, "delivery" means the movement of alcoholic
13 liquor purchased from a licensed retailer to a consumer
14 through the following methods:
15 (1) delivery within licensed retailer's parking lot,
16 including curbside, for pickup by the consumer;
17 (2) delivery by an owner, officer, director,
18 shareholder, or employee of the licensed retailer; or
19 (3) delivery by a third-party contractor, independent
20 contractor, or agent with whom the licensed retailer has
21 contracted to make deliveries of alcoholic liquors.
22 Under subsection (1), (2), or (3), delivery shall not
23 include the use of common carriers.
24 Any retail license issued to a manufacturer shall only
25 permit the manufacturer to sell beer at retail on the premises
26 actually occupied by the manufacturer. For the purpose of
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1 further describing the type of business conducted at a retail
2 licensed premises, a retailer's licensee may be designated by
3 the State Commission as (i) an on premise consumption
4 retailer, (ii) an off premise sale retailer, or (iii) a
5 combined on premise consumption and off premise sale retailer.
6 Except for a municipality with a population of more than
7 1,000,000 inhabitants, a home rule unit may not regulate the
8 delivery of alcoholic liquor inconsistent with this
9 subsection. This paragraph is a limitation under subsection
10 (i) of Section 6 of Article VII of the Illinois Constitution on
11 the concurrent exercise by home rule units of powers and
12 functions exercised by the State.
13 Notwithstanding any other provision of this subsection
14 (d), a retail licensee may sell alcoholic liquors to a special
15 event retailer licensee for resale to the extent permitted
16 under subsection (e).
17 (e) A special event retailer's license (not-for-profit)
18 shall permit the licensee to purchase alcoholic liquors from
19 an Illinois licensed distributor (unless the licensee
20 purchases less than $500 of alcoholic liquors for the special
21 event, in which case the licensee may purchase the alcoholic
22 liquors from a licensed retailer) and shall allow the licensee
23 to sell and offer for sale, at retail, alcoholic liquors for
24 use or consumption, but not for resale in any form and only at
25 the location and on the specific dates designated for the
26 special event in the license. An applicant for a special event
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1 retailer license must (i) furnish with the application: (A) a
2 resale number issued under Section 2c of the Retailers'
3 Occupation Tax Act or evidence that the applicant is
4 registered under Section 2a of the Retailers' Occupation Tax
5 Act, (B) a current, valid exemption identification number
6 issued under Section 1g of the Retailers' Occupation Tax Act,
7 and a certification to the Commission that the purchase of
8 alcoholic liquors will be a tax-exempt purchase, or (C) a
9 statement that the applicant is not registered under Section
10 2a of the Retailers' Occupation Tax Act, does not hold a resale
11 number under Section 2c of the Retailers' Occupation Tax Act,
12 and does not hold an exemption number under Section 1g of the
13 Retailers' Occupation Tax Act, in which event the Commission
14 shall set forth on the special event retailer's license a
15 statement to that effect; (ii) submit with the application
16 proof satisfactory to the State Commission that the applicant
17 will provide dram shop liability insurance in the maximum
18 limits; and (iii) show proof satisfactory to the State
19 Commission that the applicant has obtained local authority
20 approval.
21 Nothing in this Act prohibits an Illinois licensed
22 distributor from offering credit or a refund for unused,
23 salable alcoholic liquors to a holder of a special event
24 retailer's license or the special event retailer's licensee
25 from accepting the credit or refund of alcoholic liquors at
26 the conclusion of the event specified in the license.
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1 (f) A railroad license shall permit the licensee to import
2 alcoholic liquors into this State from any point in the United
3 States outside this State and to store such alcoholic liquors
4 in this State; to make wholesale purchases of alcoholic
5 liquors directly from manufacturers, foreign importers,
6 distributors and importing distributors from within or outside
7 this State; and to store such alcoholic liquors in this State;
8 provided that the above powers may be exercised only in
9 connection with the importation, purchase or storage of
10 alcoholic liquors to be sold or dispensed on a club, buffet,
11 lounge or dining car operated on an electric, gas or steam
12 railway in this State; and provided further, that railroad
13 licensees exercising the above powers shall be subject to all
14 provisions of Article VIII of this Act as applied to importing
15 distributors. A railroad license shall also permit the
16 licensee to sell or dispense alcoholic liquors on any club,
17 buffet, lounge or dining car operated on an electric, gas or
18 steam railway regularly operated by a common carrier in this
19 State, but shall not permit the sale for resale of any
20 alcoholic liquors to any licensee within this State. A license
21 shall be obtained for each car in which such sales are made.
22 (g) A boat license shall allow the sale of alcoholic
23 liquor in individual drinks, on any passenger boat regularly
24 operated as a common carrier on navigable waters in this State
25 or on any riverboat operated under the Illinois Gambling Act,
26 which boat or riverboat maintains a public dining room or
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1 restaurant thereon.
2 (h) A non-beverage user's license shall allow the licensee
3 to purchase alcoholic liquor from a licensed manufacturer or
4 importing distributor, without the imposition of any tax upon
5 the business of such licensed manufacturer or importing
6 distributor as to such alcoholic liquor to be used by such
7 licensee solely for the non-beverage purposes set forth in
8 subsection (a) of Section 8-1 of this Act, and such licenses
9 shall be divided and classified and shall permit the purchase,
10 possession and use of limited and stated quantities of
11 alcoholic liquor as follows:
12 Class 1, not to exceed ......................... 500 gallons
13 Class 2, not to exceed ....................... 1,000 gallons
14 Class 3, not to exceed ....................... 5,000 gallons
15 Class 4, not to exceed ...................... 10,000 gallons
16 Class 5, not to exceed ....................... 50,000 gallons
17 (i) A wine-maker's premises license shall allow a licensee
18 that concurrently holds a first-class wine-maker's license to
19 sell and offer for sale at retail in the premises specified in
20 such license not more than 50,000 gallons of the first-class
21 wine-maker's wine that is made at the first-class wine-maker's
22 licensed premises per year for use or consumption, but not for
23 resale in any form. A wine-maker's premises license shall
24 allow a licensee who concurrently holds a second-class
25 wine-maker's license to sell and offer for sale at retail in
26 the premises specified in such license up to 100,000 gallons
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1 of the second-class wine-maker's wine that is made at the
2 second-class wine-maker's licensed premises per year for use
3 or consumption but not for resale in any form. A first-class
4 wine-maker that concurrently holds a class 1 brewer license or
5 a class 1 craft distiller license shall not be eligible to hold
6 a wine-maker's premises license. A wine-maker's premises
7 license shall allow a licensee that concurrently holds a
8 first-class wine-maker's license or a second-class
9 wine-maker's license to sell and offer for sale at retail at
10 the premises specified in the wine-maker's premises license,
11 for use or consumption but not for resale in any form, any
12 beer, wine, and spirits purchased from a licensed distributor.
13 Upon approval from the State Commission, a wine-maker's
14 premises license shall allow the licensee to sell and offer
15 for sale at (i) the wine-maker's licensed premises and (ii) at
16 up to 2 additional locations for use and consumption and not
17 for resale. Each location shall require additional licensing
18 per location as specified in Section 5-3 of this Act. A
19 wine-maker's premises licensee shall secure liquor liability
20 insurance coverage in an amount at least equal to the maximum
21 liability amounts set forth in subsection (a) of Section 6-21
22 of this Act.
23 (j) An airplane license shall permit the licensee to
24 import alcoholic liquors into this State from any point in the
25 United States outside this State and to store such alcoholic
26 liquors in this State; to make wholesale purchases of
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1 alcoholic liquors directly from manufacturers, foreign
2 importers, distributors and importing distributors from within
3 or outside this State; and to store such alcoholic liquors in
4 this State; provided that the above powers may be exercised
5 only in connection with the importation, purchase or storage
6 of alcoholic liquors to be sold or dispensed on an airplane;
7 and provided further, that airplane licensees exercising the
8 above powers shall be subject to all provisions of Article
9 VIII of this Act as applied to importing distributors. An
10 airplane licensee shall also permit the sale or dispensing of
11 alcoholic liquors on any passenger airplane regularly operated
12 by a common carrier in this State, but shall not permit the
13 sale for resale of any alcoholic liquors to any licensee
14 within this State. A single airplane license shall be required
15 of an airline company if liquor service is provided on board
16 aircraft in this State. The annual fee for such license shall
17 be as determined in Section 5-3.
18 (k) A foreign importer's license shall permit such
19 licensee to purchase alcoholic liquor from Illinois licensed
20 non-resident dealers only, and to import alcoholic liquor
21 other than in bulk from any point outside the United States and
22 to sell such alcoholic liquor to Illinois licensed importing
23 distributors and to no one else in Illinois; provided that (i)
24 the foreign importer registers with the State Commission every
25 brand of alcoholic liquor that it proposes to sell to Illinois
26 licensees during the license period, (ii) the foreign importer
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1 complies with all of the provisions of Section 6-9 of this Act
2 with respect to registration of such Illinois licensees as may
3 be granted the right to sell such brands at wholesale, and
4 (iii) the foreign importer complies with the provisions of
5 Sections 6-5 and 6-6 of this Act to the same extent that these
6 provisions apply to manufacturers.
7 (l) (i) A broker's license shall be required of all
8 persons who solicit orders for, offer to sell or offer to
9 supply alcoholic liquor to retailers in the State of Illinois,
10 or who offer to retailers to ship or cause to be shipped or to
11 make contact with distillers, craft distillers, rectifiers,
12 brewers or manufacturers or any other party within or without
13 the State of Illinois in order that alcoholic liquors be
14 shipped to a distributor, importing distributor or foreign
15 importer, whether such solicitation or offer is consummated
16 within or without the State of Illinois.
17 No holder of a retailer's license issued by the Illinois
18 Liquor Control Commission shall purchase or receive any
19 alcoholic liquor, the order for which was solicited or offered
20 for sale to such retailer by a broker unless the broker is the
21 holder of a valid broker's license.
22 The broker shall, upon the acceptance by a retailer of the
23 broker's solicitation of an order or offer to sell or supply or
24 deliver or have delivered alcoholic liquors, promptly forward
25 to the Illinois Liquor Control Commission a notification of
26 said transaction in such form as the Commission may by
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1 regulations prescribe.
2 (ii) A broker's license shall be required of a person
3 within this State, other than a retail licensee, who, for a fee
4 or commission, promotes, solicits, or accepts orders for
5 alcoholic liquor, for use or consumption and not for resale,
6 to be shipped from this State and delivered to residents
7 outside of this State by an express company, common carrier,
8 or contract carrier. This Section does not apply to any person
9 who promotes, solicits, or accepts orders for wine as
10 specifically authorized in Section 6-29 of this Act.
11 A broker's license under this subsection (l) shall not
12 entitle the holder to buy or sell any alcoholic liquors for his
13 own account or to take or deliver title to such alcoholic
14 liquors.
15 This subsection (l) shall not apply to distributors,
16 employees of distributors, or employees of a manufacturer who
17 has registered the trademark, brand or name of the alcoholic
18 liquor pursuant to Section 6-9 of this Act, and who regularly
19 sells such alcoholic liquor in the State of Illinois only to
20 its registrants thereunder.
21 Any agent, representative, or person subject to
22 registration pursuant to subsection (a-1) of this Section
23 shall not be eligible to receive a broker's license.
24 (m) A non-resident dealer's license shall permit such
25 licensee to ship into and warehouse alcoholic liquor into this
26 State from any point outside of this State, and to sell such
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1 alcoholic liquor to Illinois licensed foreign importers and
2 importing distributors and to no one else in this State;
3 provided that (i) said non-resident dealer shall register with
4 the Illinois Liquor Control Commission each and every brand of
5 alcoholic liquor which it proposes to sell to Illinois
6 licensees during the license period, (ii) it shall comply with
7 all of the provisions of Section 6-9 hereof with respect to
8 registration of such Illinois licensees as may be granted the
9 right to sell such brands at wholesale by duly filing such
10 registration statement, thereby authorizing the non-resident
11 dealer to proceed to sell such brands at wholesale, and (iii)
12 the non-resident dealer shall comply with the provisions of
13 Sections 6-5 and 6-6 of this Act to the same extent that these
14 provisions apply to manufacturers. No person licensed as a
15 non-resident dealer shall be granted a distributor's or
16 importing distributor's license.
17 (n) A brew pub license shall allow the licensee to only (i)
18 manufacture up to 155,000 gallons of beer per year only on the
19 premises specified in the license, (ii) make sales of the beer
20 manufactured on the premises or, with the approval of the
21 Commission, beer manufactured on another brew pub licensed
22 premises that is wholly owned and operated by the same
23 licensee to importing distributors, distributors, and to
24 non-licensees for use and consumption, (iii) store the beer
25 upon the premises, (iv) sell and offer for sale at retail from
26 the licensed premises for off-premises consumption no more
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1 than 155,000 gallons per year so long as such sales are only
2 made in-person, (v) sell and offer for sale at retail for use
3 and consumption on the premises specified in the license any
4 form of alcoholic liquor purchased from a licensed distributor
5 or importing distributor, (vi) with the prior approval of the
6 Commission, annually transfer no more than 155,000 gallons of
7 beer manufactured on the premises to a licensed brew pub
8 wholly owned and operated by the same licensee, and (vii)
9 notwithstanding item (i) of this subsection, brew pubs wholly
10 owned and operated by the same licensee may combine each
11 location's production limit of 155,000 gallons of beer per
12 year and allocate the aggregate total between the wholly
13 owned, operated, and licensed locations.
14 A brew pub licensee shall not under any circumstance sell
15 or offer for sale beer manufactured by the brew pub licensee to
16 retail licensees.
17 A person who holds a class 2 brewer license may
18 simultaneously hold a brew pub license if the class 2 brewer
19 (i) does not, under any circumstance, sell or offer for sale
20 beer manufactured by the class 2 brewer to retail licensees;
21 (ii) does not hold more than 3 brew pub licenses in this State;
22 (iii) does not manufacture more than a combined 3,720,000
23 gallons of beer per year, including the beer manufactured at
24 the brew pub; and (iv) is not a member of or affiliated with,
25 directly or indirectly, a manufacturer that produces more than
26 3,720,000 gallons of beer per year or any other alcoholic
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1 liquor.
2 Notwithstanding any other provision of this Act, a
3 licensed brewer, class 2 brewer, or non-resident dealer who
4 before July 1, 2015 manufactured less than 3,720,000 gallons
5 of beer per year and held a brew pub license on or before July
6 1, 2015 may (i) continue to qualify for and hold that brew pub
7 license for the licensed premises and (ii) manufacture more
8 than 3,720,000 gallons of beer per year and continue to
9 qualify for and hold that brew pub license if that brewer,
10 class 2 brewer, or non-resident dealer does not simultaneously
11 hold a class 1 brewer license and is not a member of or
12 affiliated with, directly or indirectly, a manufacturer that
13 produces more than 3,720,000 gallons of beer per year or that
14 produces any other alcoholic liquor.
15 A brew pub licensee may apply for a class 3 brewer license
16 and, upon: (i) meeting all applicable qualifications of this
17 Act, and relinquishing all commonly owned brew pub or retail
18 licenses, shall be issued a class 3 brewer license. Nothing in
19 this Act shall prohibit the issuance of a class 3 brewer
20 license if the applicant:
21 (1) has a valid retail license on or before May 1,
22 2021;
23 (2) has an ownership interest in at least two brew
24 pubs licenses on or before May 1, 2021;
25 (3) the brew pub licensee applies for a class 3 brewer
26 license on or before October 1, 2022 and relinquishes all
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1 commonly owned brew pub licenses; and
2 (4) relinquishes all commonly owned retail licenses on
3 or before December 31, 2022.
4 If a brew pub licensee is issued a class 3 brewer license,
5 the class 3 brewer license shall expire on the same date as the
6 existing brew pub license and the State Commission shall not
7 require a class 3 brewer licensee to obtain a brewer license,
8 or in the alternative to pay a fee for a brewer license, until
9 the date the brew pub license of the applicant would have
10 expired.
11 (o) A caterer retailer license shall allow the holder to
12 serve alcoholic liquors as an incidental part of a food
13 service that serves prepared meals which excludes the serving
14 of snacks as the primary meal, either on or off-site whether
15 licensed or unlicensed. A caterer retailer license shall allow
16 the holder, a distributor, or an importing distributor to
17 transfer any inventory to and from the holder's retail
18 premises and shall allow the holder to purchase alcoholic
19 liquor from a distributor or importing distributor to be
20 delivered directly to an off-site event.
21 Nothing in this Act prohibits a distributor or importing
22 distributor from offering credit or a refund for unused,
23 salable beer to a holder of a caterer retailer license or a
24 caterer retailer licensee from accepting a credit or refund
25 for unused, salable beer, in the event an act of God is the
26 sole reason an off-site event is cancelled and if: (i) the
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1 holder of a caterer retailer license has not transferred
2 alcoholic liquor from its caterer retailer premises to an
3 off-site location; (ii) the distributor or importing
4 distributor offers the credit or refund for the unused,
5 salable beer that it delivered to the off-site premises and
6 not for any unused, salable beer that the distributor or
7 importing distributor delivered to the caterer retailer's
8 premises; and (iii) the unused, salable beer would likely
9 spoil if transferred to the caterer retailer's premises. A
10 caterer retailer license shall allow the holder to transfer
11 any inventory from any off-site location to its caterer
12 retailer premises at the conclusion of an off-site event or
13 engage a distributor or importing distributor to transfer any
14 inventory from any off-site location to its caterer retailer
15 premises at the conclusion of an off-site event, provided that
16 the distributor or importing distributor issues bona fide
17 charges to the caterer retailer licensee for fuel, labor, and
18 delivery and the distributor or importing distributor collects
19 payment from the caterer retailer licensee prior to the
20 distributor or importing distributor transferring inventory to
21 the caterer retailer premises.
22 For purposes of this subsection (o), an "act of God" means
23 an unforeseeable event, such as a rain or snow storm, hail, a
24 flood, or a similar event, that is the sole cause of the
25 cancellation of an off-site, outdoor event.
26 (p) An auction liquor license shall allow the licensee to
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1 sell and offer for sale at auction wine and spirits for use or
2 consumption, or for resale by an Illinois liquor licensee in
3 accordance with provisions of this Act. An auction liquor
4 license will be issued to a person and it will permit the
5 auction liquor licensee to hold the auction anywhere in the
6 State. An auction liquor license must be obtained for each
7 auction at least 14 days in advance of the auction date.
8 (q) A special use permit license shall allow an Illinois
9 licensed retailer to transfer a portion of its alcoholic
10 liquor inventory from its retail licensed premises to the
11 premises specified in the license hereby created; to purchase
12 alcoholic liquor from a distributor or importing distributor
13 to be delivered directly to the location specified in the
14 license hereby created; and to sell or offer for sale at
15 retail, only in the premises specified in the license hereby
16 created, the transferred or delivered alcoholic liquor for use
17 or consumption, but not for resale in any form. A special use
18 permit license may be granted for the following time periods:
19 one day or less; 2 or more days to a maximum of 15 days per
20 location in any 12-month period. An applicant for the special
21 use permit license must also submit with the application proof
22 satisfactory to the State Commission that the applicant will
23 provide dram shop liability insurance to the maximum limits
24 and have local authority approval.
25 A special use permit license shall allow the holder to
26 transfer any inventory from the holder's special use premises
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1 to its retail premises at the conclusion of the special use
2 event or engage a distributor or importing distributor to
3 transfer any inventory from the holder's special use premises
4 to its retail premises at the conclusion of an off-site event,
5 provided that the distributor or importing distributor issues
6 bona fide charges to the special use permit licensee for fuel,
7 labor, and delivery and the distributor or importing
8 distributor collects payment from the retail licensee prior to
9 the distributor or importing distributor transferring
10 inventory to the retail premises.
11 Nothing in this Act prohibits a distributor or importing
12 distributor from offering credit or a refund for unused,
13 salable beer to a special use permit licensee or a special use
14 permit licensee from accepting a credit or refund for unused,
15 salable beer at the conclusion of the event specified in the
16 license if: (i) the holder of the special use permit license
17 has not transferred alcoholic liquor from its retail licensed
18 premises to the premises specified in the special use permit
19 license; (ii) the distributor or importing distributor offers
20 the credit or refund for the unused, salable beer that it
21 delivered to the premises specified in the special use permit
22 license and not for any unused, salable beer that the
23 distributor or importing distributor delivered to the
24 retailer's premises; and (iii) the unused, salable beer would
25 likely spoil if transferred to the retailer premises.
26 (r) A winery shipper's license shall allow a person with a
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1 first-class or second-class wine manufacturer's license, a
2 first-class or second-class wine-maker's license, or a limited
3 wine manufacturer's license or who is licensed to make wine
4 under the laws of another state to ship wine made by that
5 licensee directly to a resident of this State who is 21 years
6 of age or older for that resident's personal use and not for
7 resale. Prior to receiving a winery shipper's license, an
8 applicant for the license must provide the Commission with a
9 true copy of its current license in any state in which it is
10 licensed as a manufacturer of wine. An applicant for a winery
11 shipper's license must also complete an application form that
12 provides any other information the State Commission deems
13 necessary. The application form shall include all addresses
14 from which the applicant for a winery shipper's license
15 intends to ship wine, including the name and address of any
16 third party, except for a common carrier, authorized to ship
17 wine on behalf of the manufacturer. The application form shall
18 include an acknowledgement consenting to the jurisdiction of
19 the Commission, the Illinois Department of Revenue, and the
20 courts of this State concerning the enforcement of this Act
21 and any related laws, rules, and regulations, including
22 authorizing the Department of Revenue and the Commission to
23 conduct audits for the purpose of ensuring compliance with
24 Public Act 95-634, and an acknowledgement that the wine
25 manufacturer is in compliance with Section 6-2 of this Act.
26 Any third party, except for a common carrier, authorized to
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1 ship wine on behalf of a first-class or second-class wine
2 manufacturer's licensee, a first-class or second-class
3 wine-maker's licensee, a limited wine manufacturer's licensee,
4 or a person who is licensed to make wine under the laws of
5 another state shall also be disclosed by the winery shipper's
6 licensee, and a copy of the written appointment of the
7 third-party wine provider, except for a common carrier, to the
8 wine manufacturer shall be filed with the State Commission as
9 a supplement to the winery shipper's license application or
10 any renewal thereof. The winery shipper's license holder shall
11 affirm under penalty of perjury, as part of the winery
12 shipper's license application or renewal, that he or she only
13 ships wine, either directly or indirectly through a
14 third-party provider, from the licensee's own production.
15 Except for a common carrier, a third-party provider
16 shipping wine on behalf of a winery shipper's license holder
17 is the agent of the winery shipper's license holder and, as
18 such, a winery shipper's license holder is responsible for the
19 acts and omissions of the third-party provider acting on
20 behalf of the license holder. A third-party provider, except
21 for a common carrier, that engages in shipping wine into
22 Illinois on behalf of a winery shipper's license holder shall
23 consent to the jurisdiction of the State Commission and the
24 State. Any third-party, except for a common carrier, holding
25 such an appointment shall, by February 1 of each calendar year
26 and upon request by the State Commission or the Department of
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1 Revenue, file with the State Commission a statement detailing
2 each shipment made to an Illinois resident. The statement
3 shall include the name and address of the third-party provider
4 filing the statement, the time period covered by the
5 statement, and the following information:
6 (1) the name, address, and license number of the
7 winery shipper on whose behalf the shipment was made;
8 (2) the quantity of the products delivered; and
9 (3) the date and address of the shipment.
10 If the Department of Revenue or the State Commission requests
11 a statement under this paragraph, the third-party provider
12 must provide that statement no later than 30 days after the
13 request is made. Any books, records, supporting papers, and
14 documents containing information and data relating to a
15 statement under this paragraph shall be kept and preserved for
16 a period of 3 years, unless their destruction sooner is
17 authorized, in writing, by the Director of Revenue, and shall
18 be open and available to inspection by the Director of Revenue
19 or the State Commission or any duly authorized officer, agent,
20 or employee of the State Commission or the Department of
21 Revenue, at all times during business hours of the day. Any
22 person who violates any provision of this paragraph or any
23 rule of the State Commission for the administration and
24 enforcement of the provisions of this paragraph is guilty of a
25 Class C misdemeanor. In case of a continuing violation, each
26 day's continuance thereof shall be a separate and distinct
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1 offense.
2 The State Commission shall adopt rules as soon as
3 practicable to implement the requirements of Public Act 99-904
4 and shall adopt rules prohibiting any such third-party
5 appointment of a third-party provider, except for a common
6 carrier, that has been deemed by the State Commission to have
7 violated the provisions of this Act with regard to any winery
8 shipper licensee.
9 A winery shipper licensee must pay to the Department of
10 Revenue the State liquor gallonage tax under Section 8-1 for
11 all wine that is sold by the licensee and shipped to a person
12 in this State. For the purposes of Section 8-1, a winery
13 shipper licensee shall be taxed in the same manner as a
14 manufacturer of wine. A licensee who is not otherwise required
15 to register under the Retailers' Occupation Tax Act must
16 register under the Use Tax Act to collect and remit use tax to
17 the Department of Revenue for all gallons of wine that are sold
18 by the licensee and shipped to persons in this State. If a
19 licensee fails to remit the tax imposed under this Act in
20 accordance with the provisions of Article VIII of this Act,
21 the winery shipper's license shall be revoked in accordance
22 with the provisions of Article VII of this Act. If a licensee
23 fails to properly register and remit tax under the Use Tax Act
24 or the Retailers' Occupation Tax Act for all wine that is sold
25 by the winery shipper and shipped to persons in this State, the
26 winery shipper's license shall be revoked in accordance with
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1 the provisions of Article VII of this Act.
2 A winery shipper licensee must collect, maintain, and
3 submit to the Commission on a semi-annual basis the total
4 number of cases per resident of wine shipped to residents of
5 this State. A winery shipper licensed under this subsection
6 (r) must comply with the requirements of Section 6-29 of this
7 Act.
8 Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
9 Section 3-12, the State Commission may receive, respond to,
10 and investigate any complaint and impose any of the remedies
11 specified in paragraph (1) of subsection (a) of Section 3-12.
12 As used in this subsection, "third-party provider" means
13 any entity that provides fulfillment house services, including
14 warehousing, packaging, distribution, order processing, or
15 shipment of wine, but not the sale of wine, on behalf of a
16 licensed winery shipper.
17 (s) A craft distiller tasting permit license shall allow
18 an Illinois licensed class 1 craft distiller or class 2 craft
19 distiller to transfer a portion of its alcoholic liquor
20 inventory from its class 1 craft distiller or class 2 craft
21 distiller licensed premises to the premises specified in the
22 license hereby created and to conduct a sampling, only in the
23 premises specified in the license hereby created, of the
24 transferred alcoholic liquor in accordance with subsection (c)
25 of Section 6-31 of this Act. The transferred alcoholic liquor
26 may not be sold or resold in any form. An applicant for the
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1 craft distiller tasting permit license must also submit with
2 the application proof satisfactory to the State Commission
3 that the applicant will provide dram shop liability insurance
4 to the maximum limits and have local authority approval.
5 (t) A brewer warehouse permit may be issued to the holder
6 of a class 1 brewer license or a class 2 brewer license. If the
7 holder of the permit is a class 1 brewer licensee, the brewer
8 warehouse permit shall allow the holder to store or warehouse
9 up to 930,000 gallons of tax-determined beer manufactured by
10 the holder of the permit at the premises specified on the
11 permit. If the holder of the permit is a class 2 brewer
12 licensee, the brewer warehouse permit shall allow the holder
13 to store or warehouse up to 3,720,000 gallons of
14 tax-determined beer manufactured by the holder of the permit
15 at the premises specified on the permit. Sales to
16 non-licensees are prohibited at the premises specified in the
17 brewer warehouse permit.
18 (u) A distilling pub license shall allow the licensee to
19 only (i) manufacture up to 5,000 gallons of spirits per year
20 only on the premises specified in the license, (ii) make sales
21 of the spirits manufactured on the premises or, with the
22 approval of the State Commission, spirits manufactured on
23 another distilling pub licensed premises that is wholly owned
24 and operated by the same licensee to importing distributors
25 and distributors and to non-licensees for use and consumption,
26 (iii) store the spirits upon the premises, (iv) sell and offer
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1 for sale at retail from the licensed premises for off-premises
2 consumption no more than 5,000 gallons per year so long as such
3 sales are only made in-person, (v) sell and offer for sale at
4 retail for use and consumption on the premises specified in
5 the license any form of alcoholic liquor purchased from a
6 licensed distributor or importing distributor, and (vi) with
7 the prior approval of the State Commission, annually transfer
8 no more than 5,000 gallons of spirits manufactured on the
9 premises to a licensed distilling pub wholly owned and
10 operated by the same licensee.
11 A distilling pub licensee shall not under any circumstance
12 sell or offer for sale spirits manufactured by the distilling
13 pub licensee to retail licensees.
14 A person who holds a class 2 craft distiller license may
15 simultaneously hold a distilling pub license if the class 2
16 craft distiller (i) does not, under any circumstance, sell or
17 offer for sale spirits manufactured by the class 2 craft
18 distiller to retail licensees; (ii) does not hold more than 3
19 distilling pub licenses in this State; (iii) does not
20 manufacture more than a combined 100,000 gallons of spirits
21 per year, including the spirits manufactured at the distilling
22 pub; and (iv) is not a member of or affiliated with, directly
23 or indirectly, a manufacturer that produces more than 100,000
24 gallons of spirits per year or any other alcoholic liquor.
25 (v) A craft distiller warehouse permit may be issued to
26 the holder of a class 1 craft distiller or class 2 craft
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1 distiller license. The craft distiller warehouse permit shall
2 allow the holder to store or warehouse up to 500,000 gallons of
3 spirits manufactured by the holder of the permit at the
4 premises specified on the permit. Sales to non-licensees are
5 prohibited at the premises specified in the craft distiller
6 warehouse permit.
7 (w) A beer showcase permit license shall allow an
8 Illinois-licensed distributor to transfer a portion of its
9 beer inventory from its licensed premises to the premises
10 specified in the beer showcase permit license, and, in the
11 case of a class 3 brewer, transfer only beer the class 3 brewer
12 manufactures from its licensed premises to the premises
13 specified in the beer showcase permit license; and to sell or
14 offer for sale at retail, only in the premises specified in the
15 beer showcase permit license, the transferred or delivered
16 beer for on or off premise consumption, but not for resale in
17 any form and to sell to non-licensees not more than 96 fluid
18 ounces of beer per person. A beer showcase permit license may
19 be granted for the following time periods: one day or less; or
20 2 or more days to a maximum of 15 days per location in any
21 12-month period. An applicant for a beer showcase permit
22 license must also submit with the application proof
23 satisfactory to the State Commission that the applicant will
24 provide dram shop liability insurance to the maximum limits
25 and have local authority approval. The State Commission shall
26 require the beer showcase applicant to comply with Section
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1 6-27.1.
2 (x) A brewer shipper's license shall allow a person with a
3 brewer, class 1 brewer, class 2 brewer, class 3 brewer, or
4 brewpub license or who is licensed to make beer under the laws
5 of another state to ship beer made by that licensee directly to
6 a resident of this State who is 21 years of age or older for
7 that resident's personal use and not for resale. Prior to
8 receiving a brewer shipper's license, an applicant for the
9 license must provide the State Commission with a true copy of
10 its current license in any state in which it is licensed as a
11 manufacturer of beer. An applicant for a brewer shipper's
12 license must also complete an application form that provides
13 any other information the State Commission deems necessary.
14 The application form shall include all addresses from which
15 the applicant for a brewer shipper's license intends to ship
16 beer, including the name and address of any third party,
17 except for a common carrier, authorized to ship beer on behalf
18 of the licensee. The application form shall include an
19 acknowledgment consenting to the jurisdiction of the State
20 Commission, the Department of Revenue, and the courts of this
21 State concerning the enforcement of this Act and any related
22 laws, rules, and regulations, including authorizing the
23 Department of Revenue and the State Commission to conduct
24 audits for the purpose of ensuring compliance, and an
25 acknowledgment that the brewer shipper's licensee is in
26 compliance with Section 6-2 of this Act. Any third party,
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1 except for a common carrier, authorized to ship beer on behalf
2 of a brewer, class 1 brewer, class 2 brewer, class 3 brewer, or
3 brewpub license, or a person who is licensed to make beer under
4 the laws of another state shall also be disclosed by the brewer
5 shipper's licensee, and a copy of the written appointment of
6 the third-party beer provider, except for a common carrier, to
7 the beer manufacturer shall be filed with the State Commission
8 as a supplement to the brewer shipper's license application or
9 any renewal thereof. The brewer shipper's license holder shall
10 affirm under penalty of perjury, as part of the brewer
11 shipper's license application or renewal, that he or she only
12 ships beer, either directly or indirectly through a
13 third-party provider, from the licensee's own production.
14 Except for a common carrier, a third-party provider
15 shipping beer on behalf of a brewer shipper's license holder
16 is the agent of the brewer shipper's license holder and, as
17 such, a brewer shipper's license holder is responsible for the
18 acts and omissions of the third-party provider acting on
19 behalf of the license holder. A third-party provider, except
20 for a common carrier, that engages in shipping beer into
21 Illinois on behalf of a brewer shipper's license holder shall
22 consent to the jurisdiction of the State Commission and the
23 State. Any third party, except for a common carrier, holding
24 such an appointment shall, by February 1 of each calendar year
25 and upon request by the State Commission or the Department of
26 Revenue, file with the State Commission a statement detailing
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1 each shipment made to an Illinois resident. The statement
2 shall include the name and address of the third-party provider
3 filing the statement, the time period covered by the
4 statement, and the following information:
5 (1) the name, address, and license number of the
6 brewer shipper on whose behalf the shipment was made;
7 (2) the quantity of the products delivered; and
8 (3) the date and address of the shipment.
9 If the Department of Revenue or the State Commission
10 requests a statement under this paragraph, the third-party
11 provider must provide that statement no later than 30 days
12 after the request is made. Any books, records, supporting
13 papers, and documents containing information and data relating
14 to a statement under this paragraph shall be kept and
15 preserved for a period of 3 years, unless their destruction
16 sooner is authorized, in writing, by the Director of Revenue,
17 and shall be open and available to inspection by the Director
18 of Revenue or the State Commission or any duly authorized
19 officer, agent, or employee of the State Commission or the
20 Department of Revenue, at all times during business hours of
21 the day. Any person who violates any provision of this
22 paragraph or any rule of the State Commission for the
23 administration and enforcement of the provisions of this
24 paragraph is guilty of a Class C misdemeanor. In case of a
25 continuing violation, each day's continuance thereof shall be
26 a separate and distinct offense.
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1 The State Commission shall adopt rules as soon as
2 practicable to implement the requirements of this Act and
3 shall adopt rules prohibiting any such third-party appointment
4 of a third-party provider, except for a common carrier, that
5 has been deemed by the State Commission to have violated the
6 provisions of this Act with regard to any brewer shipper's
7 licensee.
8 A brewer shipper's licensee must pay to the Department of
9 Revenue the State liquor gallonage tax under Section 8-1 for
10 all beer that is sold by the licensee and shipped to a person
11 in this State. For the purposes of Section 8-1, a brewer
12 shipper licensee shall be taxed in the same manner as a
13 manufacturer of beer. A licensee who is not otherwise required
14 to register under the Retailers' Occupation Tax Act must
15 register under the Use Tax Act to collect and remit use tax to
16 the Department of Revenue for all gallons of beer that are sold
17 by the licensee and shipped to persons in this State. If a
18 licensee fails to remit the tax imposed under this Act in
19 accordance with the provisions of Article VIII of this Act,
20 the brewer shipper's license shall be revoked in accordance
21 with the provisions of Article VII of this Act. If a licensee
22 fails to properly register and remit tax under the Use Tax Act
23 or the Retailers' Occupation Tax Act for all beer that is sold
24 by the brewer shipper and shipped to persons in this State, the
25 brewer shipper's license shall be revoked in accordance with
26 the provisions of Article VII of this Act.
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1 A brewer shipper's licensee must collect, maintain, and
2 submit to the State Commission on a semi-annual basis the
3 total number of cases per resident of beer shipped to
4 residents of this State. A brewer shipper licensed under this
5 subsection (x) must comply with the requirements of Section
6 6-29 of this Act.
7 Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
8 Section 3-12, the State Commission may receive, respond to,
9 and investigate any complaint and impose any of the remedies
10 specified in paragraph (1) of subsection (a) of Section 3-12.
11 As used in this subsection, "third-party provider" means
12 any entity that provides fulfillment house services, including
13 warehousing, packaging, distribution, order processing, or
14 shipment of beer, on behalf of a licensed brewer shipper.
15 (Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19;
16 101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff.
17 8-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22;
18 102-442, eff. 8-20-21; revised 2-28-22.)
19 (235 ILCS 5/5-3) (from Ch. 43, par. 118)
20 Sec. 5-3. License fees. Except as otherwise provided
21 herein, at the time application is made to the State
22 Commission for a license of any class, the applicant shall pay
23 to the State Commission the fee hereinafter provided for the
24 kind of license applied for.
25 The fee for licenses issued by the State Commission shall
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1 be as follows:
2OnlineInitial3renewallicense4 or5 non-online6 renewal 2 Online Initial 3 renewal license 4 or 5 non-online 6 renewal
2 Online Initial
3 renewal license
4 or
5 non-online
6 renewal
7 For a manufacturer's license:8 Class 1. Distiller .................$4,000$5,0009 Class 2. Rectifier .................4,000 5,00010 Class 3. Brewer ....................1,200 1,50011 Class 4. First-class Wine 12 Manufacturer ...................1,2001,50013 Class 5. Second-class14 Wine Manufacturer ..............1,500 1,75015 Class 6. First-class wine-maker ....1,200 1,50016 Class 7. Second-class wine-maker ...1,500 1,75017 Class 8. Limited Wine 18 Manufacturer....................250 350 19 Class 9. Craft Distiller............ 2,000 2,500 20 Class 10. Class 1 Craft Distiller... 50 75 21 Class 11. Class 2 Craft Distiller... 75 100 22 Class 12. Class 1 Brewer............50 7523 Class 13. Class 2 Brewer............ 75 100 24 Class 14. Class 3 Brewer............ 25 50 25 For a Brew Pub License..............1,2001,50026 For a Distilling Pub License........ 1,200 1,500 7 For a manufacturer's license: 8 Class 1. Distiller ................. $4,000 $5,000 9 Class 2. Rectifier ................. 4,000 5,000 10 Class 3. Brewer .................... 1,200 1,500 11 Class 4. First-class Wine 12 Manufacturer ................... 1,200 1,500 13 Class 5. Second-class 14 Wine Manufacturer .............. 1,500 1,750 15 Class 6. First-class wine-maker .... 1,200 1,500 16 Class 7. Second-class wine-maker ... 1,500 1,750 17 Class 8. Limited Wine 18 Manufacturer.................... 250 350 19 Class 9. Craft Distiller............ 2,000 2,500 20 Class 10. Class 1 Craft Distiller... 50 75 21 Class 11. Class 2 Craft Distiller... 75 100 22 Class 12. Class 1 Brewer............ 50 75 23 Class 13. Class 2 Brewer............ 75 100 24 Class 14. Class 3 Brewer............ 25 50 25 For a Brew Pub License.............. 1,200 1,500 26 For a Distilling Pub License........ 1,200 1,500
7 For a manufacturer's license:
8 Class 1. Distiller ................. $4,000 $5,000
9 Class 2. Rectifier ................. 4,000 5,000
10 Class 3. Brewer .................... 1,200 1,500
11 Class 4. First-class Wine
12 Manufacturer ................... 1,200 1,500
13 Class 5. Second-class
14 Wine Manufacturer .............. 1,500 1,750
15 Class 6. First-class wine-maker .... 1,200 1,500
16 Class 7. Second-class wine-maker ... 1,500 1,750
17 Class 8. Limited Wine
18 Manufacturer.................... 250 350
19 Class 9. Craft Distiller............ 2,000 2,500
20 Class 10. Class 1 Craft Distiller... 50 75
21 Class 11. Class 2 Craft Distiller... 75 100
22 Class 12. Class 1 Brewer............ 50 75
23 Class 13. Class 2 Brewer............ 75 100
24 Class 14. Class 3 Brewer............ 25 50
25 For a Brew Pub License.............. 1,200 1,500
26 For a Distilling Pub License........ 1,200 1,500
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2 Online Initial
3 renewal license
4 or
5 non-online
6 renewal
7 For a manufacturer's license:
8 Class 1. Distiller ................. $4,000 $5,000
9 Class 2. Rectifier ................. 4,000 5,000
10 Class 3. Brewer .................... 1,200 1,500
11 Class 4. First-class Wine
12 Manufacturer ................... 1,200 1,500
13 Class 5. Second-class
14 Wine Manufacturer .............. 1,500 1,750
15 Class 6. First-class wine-maker .... 1,200 1,500
16 Class 7. Second-class wine-maker ... 1,500 1,750
17 Class 8. Limited Wine
18 Manufacturer.................... 250 350
19 Class 9. Craft Distiller............ 2,000 2,500
20 Class 10. Class 1 Craft Distiller... 50 75
21 Class 11. Class 2 Craft Distiller... 75 100
22 Class 12. Class 1 Brewer............ 50 75
23 Class 13. Class 2 Brewer............ 75 100
24 Class 14. Class 3 Brewer............ 25 50
25 For a Brew Pub License.............. 1,200 1,500
26 For a Distilling Pub License........ 1,200 1,500
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1 For a caterer retailer's license....350 5002 For a foreign importer's license ...25 253 For an importing distributor's 4 license.........................25255 For a distributor's license 6 (11,250,000 gallons 7 or over)........................1,4502,2008 For a distributor's license 9 (over 4,500,000 gallons, but10 under 11,250,000 gallons)....... 9501,45011 For a distributor's license12 (4,500,000 gallons or under)....30045013 For a non-resident dealer's license14 (500,000 gallons or over) 15 or with self-distribution 16 privileges .....................1,200 1,50017 For a non-resident dealer's license18 (under 500,000 gallons) ........250 35019 For a wine-maker's premises 20 license ........................25050021 For a winery shipper's license22 (under 250,000 gallons).........200 35023 For a winery shipper's license 24 (250,000 or over, but 25 under 500,000 gallons)..........7501,00026 For a winery shipper's license 1 For a caterer retailer's license.... 350 500 2 For a foreign importer's license ... 25 25 3 For an importing distributor's 4 license......................... 25 25 5 For a distributor's license 6 (11,250,000 gallons 7 or over)........................ 1,450 2,200 8 For a distributor's license 9 (over 4,500,000 gallons, but 10 under 11,250,000 gallons)....... 950 1,450 11 For a distributor's license 12 (4,500,000 gallons or under).... 300 450 13 For a non-resident dealer's license 14 (500,000 gallons or over) 15 or with self-distribution 16 privileges ..................... 1,200 1,500 17 For a non-resident dealer's license 18 (under 500,000 gallons) ........ 250 350 19 For a wine-maker's premises 20 license ........................ 250 500 21 For a winery shipper's license 22 (under 250,000 gallons)......... 200 350 23 For a winery shipper's license 24 (250,000 or over, but 25 under 500,000 gallons).......... 750 1,000 26 For a winery shipper's license
1 For a caterer retailer's license.... 350 500
2 For a foreign importer's license ... 25 25
3 For an importing distributor's
4 license......................... 25 25
5 For a distributor's license
6 (11,250,000 gallons
7 or over)........................ 1,450 2,200
8 For a distributor's license
9 (over 4,500,000 gallons, but
10 under 11,250,000 gallons)....... 950 1,450
11 For a distributor's license
12 (4,500,000 gallons or under).... 300 450
13 For a non-resident dealer's license
14 (500,000 gallons or over)
15 or with self-distribution
16 privileges ..................... 1,200 1,500
17 For a non-resident dealer's license
18 (under 500,000 gallons) ........ 250 350
19 For a wine-maker's premises
20 license ........................ 250 500
21 For a winery shipper's license
22 (under 250,000 gallons)......... 200 350
23 For a winery shipper's license
24 (250,000 or over, but
25 under 500,000 gallons).......... 750 1,000
26 For a winery shipper's license
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1 For a caterer retailer's license.... 350 500
2 For a foreign importer's license ... 25 25
3 For an importing distributor's
4 license......................... 25 25
5 For a distributor's license
6 (11,250,000 gallons
7 or over)........................ 1,450 2,200
8 For a distributor's license
9 (over 4,500,000 gallons, but
10 under 11,250,000 gallons)....... 950 1,450
11 For a distributor's license
12 (4,500,000 gallons or under).... 300 450
13 For a non-resident dealer's license
14 (500,000 gallons or over)
15 or with self-distribution
16 privileges ..................... 1,200 1,500
17 For a non-resident dealer's license
18 (under 500,000 gallons) ........ 250 350
19 For a wine-maker's premises
20 license ........................ 250 500
21 For a winery shipper's license
22 (under 250,000 gallons)......... 200 350
23 For a winery shipper's license
24 (250,000 or over, but
25 under 500,000 gallons).......... 750 1,000
26 For a winery shipper's license
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SB2193 - 48 - LRB103 28600 RPS 54981 b
1 (500,000 gallons or over).......1,200 1,5002 For a brewer shipper's license3 (under 250,000 gallons).........2003504 For a brewer shipper's license5 (250,000 or over, but6 under 500,000 gallons)..........7501,0007 For a brewer shipper's license8 (500,000 gallons or over).......1,2001,5009 For a wine-maker's premises 10 license, second location .......500 1,00011 For a wine-maker's premises 12 license, third location ........5001,00013 For a retailer's license ...........600 75014 For a special event retailer's15 license, (not-for-profit) ......25 2516 For a beer showcase permit license, 17 one day only ................... 100 150 18 2 days or more ................. 150 250 19 For a special use permit license,20 one day only ...................100 15021 2 days or more .................150 25022 For a railroad license .............100 15023 For a boat license .................500 1,00024 For an airplane license, times the25 licensee's maximum number of 26 aircraft in flight, serving 1 (500,000 gallons or over)....... 1,200 1,500 2 For a brewer shipper's license 3 (under 250,000 gallons)......... 200 350 4 For a brewer shipper's license 5 (250,000 or over, but 6 under 500,000 gallons).......... 750 1,000 7 For a brewer shipper's license 8 (500,000 gallons or over)....... 1,200 1,500 9 For a wine-maker's premises 10 license, second location ....... 500 1,000 11 For a wine-maker's premises 12 license, third location ........ 500 1,000 13 For a retailer's license ........... 600 750 14 For a special event retailer's 15 license, (not-for-profit) ...... 25 25 16 For a beer showcase permit license, 17 one day only ................... 100 150 18 2 days or more ................. 150 250 19 For a special use permit license, 20 one day only ................... 100 150 21 2 days or more ................. 150 250 22 For a railroad license ............. 100 150 23 For a boat license ................. 500 1,000 24 For an airplane license, times the 25 licensee's maximum number of 26 aircraft in flight, serving
1 (500,000 gallons or over)....... 1,200 1,500
2 For a brewer shipper's license
3 (under 250,000 gallons)......... 200 350
4 For a brewer shipper's license
5 (250,000 or over, but
6 under 500,000 gallons).......... 750 1,000
7 For a brewer shipper's license
8 (500,000 gallons or over)....... 1,200 1,500
9 For a wine-maker's premises
10 license, second location ....... 500 1,000
11 For a wine-maker's premises
12 license, third location ........ 500 1,000
13 For a retailer's license ........... 600 750
14 For a special event retailer's
15 license, (not-for-profit) ...... 25 25
16 For a beer showcase permit license,
17 one day only ................... 100 150
18 2 days or more ................. 150 250
19 For a special use permit license,
20 one day only ................... 100 150
21 2 days or more ................. 150 250
22 For a railroad license ............. 100 150
23 For a boat license ................. 500 1,000
24 For an airplane license, times the
25 licensee's maximum number of
26 aircraft in flight, serving
SB2193 - 48 - LRB103 28600 RPS 54981 b
1 (500,000 gallons or over)....... 1,200 1,500
2 For a brewer shipper's license
3 (under 250,000 gallons)......... 200 350
4 For a brewer shipper's license
5 (250,000 or over, but
6 under 500,000 gallons).......... 750 1,000
7 For a brewer shipper's license
8 (500,000 gallons or over)....... 1,200 1,500
9 For a wine-maker's premises
10 license, second location ....... 500 1,000
11 For a wine-maker's premises
12 license, third location ........ 500 1,000
13 For a retailer's license ........... 600 750
14 For a special event retailer's
15 license, (not-for-profit) ...... 25 25
16 For a beer showcase permit license,
17 one day only ................... 100 150
18 2 days or more ................. 150 250
19 For a special use permit license,
20 one day only ................... 100 150
21 2 days or more ................. 150 250
22 For a railroad license ............. 100 150
23 For a boat license ................. 500 1,000
24 For an airplane license, times the
25 licensee's maximum number of
26 aircraft in flight, serving
SB2193- 49 -LRB103 28600 RPS 54981 b SB2193 - 49 - LRB103 28600 RPS 54981 b
SB2193 - 49 - LRB103 28600 RPS 54981 b
1 liquor over the State at any 2 given time, which either 3 originate, terminate, or make 4 an intermediate stop in 5 the State.......................1001506 For a non-beverage user's license:7 Class 1 ........................24248 Class 2 ........................60609 Class 3 ........................12012010 Class 4 ........................24024011 Class 5 ........................60060012 For a broker's license .............750 1,00013 For an auction liquor license ......100 15014 For a homebrewer special 15 event permit....................252516 For a craft distiller 17 tasting permit..................25 2518 For a BASSET trainer license........ 300 35019 For a tasting representative 20 license.........................20030021 For a brewer warehouse permit....... 252522 For a craft distiller 23 warehouse permit...............25 25 1 liquor over the State at any 2 given time, which either 3 originate, terminate, or make 4 an intermediate stop in 5 the State....................... 100 150 6 For a non-beverage user's license: 7 Class 1 ........................ 24 24 8 Class 2 ........................ 60 60 9 Class 3 ........................ 120 120 10 Class 4 ........................ 240 240 11 Class 5 ........................ 600 600 12 For a broker's license ............. 750 1,000 13 For an auction liquor license ...... 100 150 14 For a homebrewer special 15 event permit.................... 25 25 16 For a craft distiller 17 tasting permit.................. 25 25 18 For a BASSET trainer license........ 300 350 19 For a tasting representative 20 license......................... 200 300 21 For a brewer warehouse permit....... 25 25 22 For a craft distiller 23 warehouse permit............... 25 25
1 liquor over the State at any
2 given time, which either
3 originate, terminate, or make
4 an intermediate stop in
5 the State....................... 100 150
6 For a non-beverage user's license:
7 Class 1 ........................ 24 24
8 Class 2 ........................ 60 60
9 Class 3 ........................ 120 120
10 Class 4 ........................ 240 240
11 Class 5 ........................ 600 600
12 For a broker's license ............. 750 1,000
13 For an auction liquor license ...... 100 150
14 For a homebrewer special
15 event permit.................... 25 25
16 For a craft distiller
17 tasting permit.................. 25 25
18 For a BASSET trainer license........ 300 350
19 For a tasting representative
20 license......................... 200 300
21 For a brewer warehouse permit....... 25 25
22 For a craft distiller
23 warehouse permit............... 25 25
24 Fees collected under this Section shall be paid into the
25 Dram Shop Fund. The State Commission shall waive license
26 renewal fees for those retailers' licenses that are designated
SB2193 - 49 - LRB103 28600 RPS 54981 b
1 liquor over the State at any
2 given time, which either
3 originate, terminate, or make
4 an intermediate stop in
5 the State....................... 100 150
6 For a non-beverage user's license:
7 Class 1 ........................ 24 24
8 Class 2 ........................ 60 60
9 Class 3 ........................ 120 120
10 Class 4 ........................ 240 240
11 Class 5 ........................ 600 600
12 For a broker's license ............. 750 1,000
13 For an auction liquor license ...... 100 150
14 For a homebrewer special
15 event permit.................... 25 25
16 For a craft distiller
17 tasting permit.................. 25 25
18 For a BASSET trainer license........ 300 350
19 For a tasting representative
20 license......................... 200 300
21 For a brewer warehouse permit....... 25 25
22 For a craft distiller
23 warehouse permit............... 25 25
SB2193- 50 -LRB103 28600 RPS 54981 b SB2193 - 50 - LRB103 28600 RPS 54981 b
SB2193 - 50 - LRB103 28600 RPS 54981 b
1 as "1A" by the State Commission and expire on or after July 1,
2 2022, and on or before June 30, 2023. One-half of the funds
3 received for a retailer's license shall be paid into the Dram
4 Shop Fund and one-half of the funds received for a retailer's
5 license shall be paid into the General Revenue Fund.
6 No fee shall be paid for licenses issued by the State
7 Commission to the following non-beverage users:
8 (a) Hospitals, sanitariums, or clinics when their use
9 of alcoholic liquor is exclusively medicinal, mechanical
10 or scientific.
11 (b) Universities, colleges of learning or schools when
12 their use of alcoholic liquor is exclusively medicinal,
13 mechanical or scientific.
14 (c) Laboratories when their use is exclusively for the
15 purpose of scientific research.
16 (Source: P.A. 101-482, eff. 8-23-19; 101-615, eff. 12-20-19;
17 102-442, eff. 8-20-21; 102-558, eff. 8-20-21; 102-699, eff.
18 4-19-22.)
19 (235 ILCS 5/6-29) (from Ch. 43, par. 144e)
20 Sec. 6-29. Winery shipper's and brewer shipper's licenses
21 license.
22 (a) The General Assembly declares that the following is
23 the intent of this Section:
24 (1) To authorize direct shipment of wine or beer by an
25 out-of-state maker of wine or beer on the same basis
SB2193 - 50 - LRB103 28600 RPS 54981 b
SB2193- 51 -LRB103 28600 RPS 54981 b SB2193 - 51 - LRB103 28600 RPS 54981 b
SB2193 - 51 - LRB103 28600 RPS 54981 b
1 permitted an in-state maker of wine or beer pursuant to
2 the authority of the State under the provisions of Section
3 2 of the Twenty-First Amendment to the United States
4 Constitution and in conformance with the United States
5 Supreme Court decision decided on May 16, 2005 in Granholm
6 v. Heald.
7 (2) To reaffirm that the General Assembly's findings
8 and declarations that selling alcoholic liquor through
9 various direct marketing means such as catalogs,
10 newspapers, mailings, and the Internet directly to
11 consumers of this State poses a serious threat to the
12 State's efforts to further temperance and prevent youth
13 from accessing alcoholic liquor and the expansion of youth
14 access to additional types of alcoholic liquors.
15 (3) To maintain the State's broad powers granted by
16 Section 2 of the Twenty-First Amendment to the United
17 States Constitution to control the importation or sale of
18 alcoholic liquor and its right to structure its alcoholic
19 liquor distribution system.
20 (4) To ensure that the General Assembly, by
21 authorizing limited direct shipment of wine or beer to
22 meet the directives of the United States Supreme Court,
23 does not intend to impair or modify the State's
24 distribution of wine or beer through distributors or
25 importing distributors, but only to permit limited
26 shipment of wine or beer for personal use.
SB2193 - 51 - LRB103 28600 RPS 54981 b
SB2193- 52 -LRB103 28600 RPS 54981 b SB2193 - 52 - LRB103 28600 RPS 54981 b
SB2193 - 52 - LRB103 28600 RPS 54981 b
1 (5) To provide that, in the event that a court of
2 competent jurisdiction declares or finds that this
3 Section, which is enacted to conform Illinois law to the
4 United States Supreme Court decision, is invalid or
5 unconstitutional, the Illinois General Assembly at its
6 earliest general session shall conduct hearings and study
7 methods to conform to any directive or order of the court
8 consistent with the temperance and revenue collection
9 purposes of this Act.
10 (b) Notwithstanding any other provision of law, a wine
11 shipper licensee may ship, for personal use and not for
12 resale, not more than 12 cases of wine per year to any resident
13 of this State who is 21 years of age or older.
14 (b-2) Notwithstanding any other provision of law, a brewer
15 shipper's licensee may ship, for personal use and not for
16 resale, not more than 12 cases of beer per year to any resident
17 of this State who is 21 years of age or older.
18 (b-3) Notwithstanding any other provision of law, sale and
19 shipment by a winery shipper's or brewer shipper's shipper
20 licensee pursuant to this Section shall be deemed to
21 constitute a sale in this State.
22 (b-5) The shipping container of any wine or beer shipped
23 under this Section shall be clearly labeled with the following
24 words: "CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF
25 AGE OR OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY
26 MUST BE SHOWN BEFORE DELIVERY.". This warning must be
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SB2193- 53 -LRB103 28600 RPS 54981 b SB2193 - 53 - LRB103 28600 RPS 54981 b
SB2193 - 53 - LRB103 28600 RPS 54981 b
1 prominently displayed on the packaging. A licensee shall
2 require the transporter or common carrier that delivers the
3 wine or beer to obtain the signature of a person 21 years of
4 age or older at the delivery address at the time of delivery.
5 At the expense of the licensee, the licensee shall receive a
6 delivery confirmation from the express company, common
7 carrier, or contract carrier indicating the location of the
8 delivery, time of delivery, and the name and signature of the
9 individual 21 years of age or older who accepts delivery. The
10 Commission shall design and create a label or approve a label
11 that must be affixed to the shipping container by the
12 licensee.
13 (c) No broker within this State shall solicit consumers to
14 engage in direct wine or beer shipments under this Section.
15 (d) It is not the intent of this Section to impair the
16 distribution of wine or beer through distributors or importing
17 distributors, but only to permit shipments of wine or beer for
18 personal use.
19 (Source: P.A. 95-634, eff. 6-1-08.)
SB2193 - 53 - LRB103 28600 RPS 54981 b