Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3733 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3733 Introduced 2/9/2024, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: 235 ILCS 5/1-3.43235 ILCS 5/5-1 from Ch. 43, par. 115 Amends the Liquor Control Act of 1934. Removes language authorizing a distributor to hold a beer showcase permit. LRB103 37759 RPS 67887 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3733 Introduced 2/9/2024, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: 235 ILCS 5/1-3.43235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/1-3.43 235 ILCS 5/5-1 from Ch. 43, par. 115 Amends the Liquor Control Act of 1934. Removes language authorizing a distributor to hold a beer showcase permit. LRB103 37759 RPS 67887 b LRB103 37759 RPS 67887 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3733 Introduced 2/9/2024, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
33 235 ILCS 5/1-3.43235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/1-3.43 235 ILCS 5/5-1 from Ch. 43, par. 115
44 235 ILCS 5/1-3.43
55 235 ILCS 5/5-1 from Ch. 43, par. 115
66 Amends the Liquor Control Act of 1934. Removes language authorizing a distributor to hold a beer showcase permit.
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1212 1 AN ACT concerning liquor.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Liquor Control Act of 1934 is amended by
1616 5 changing Sections 1-3.43 and 5-1 as follows:
1717 6 (235 ILCS 5/1-3.43)
1818 7 Sec. 1-3.43. Beer showcase permit. "Beer showcase permit"
1919 8 means a license for use by a class 3 brewer or distributor to
2020 9 allow for the transfer of beer only from an existing licensed
2121 10 premises of a class 3 brewer or distributor to a designated
2222 11 site for a specific event.
2323 12 (Source: P.A. 102-442, eff. 8-20-21; 103-154, eff. 6-30-23.)
2424 13 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
2525 14 Sec. 5-1. Licenses issued by the Illinois Liquor Control
2626 15 Commission shall be of the following classes:
2727 16 (a) Manufacturer's license - Class 1. Distiller, Class 2.
2828 17 Rectifier, Class 3. Brewer, Class 4. First Class Wine
2929 18 Manufacturer, Class 5. Second Class Wine Manufacturer, Class
3030 19 6. First Class Winemaker, Class 7. Second Class Winemaker,
3131 20 Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
3232 21 Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft
3333 22 Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3733 Introduced 2/9/2024, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
3838 235 ILCS 5/1-3.43235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/1-3.43 235 ILCS 5/5-1 from Ch. 43, par. 115
3939 235 ILCS 5/1-3.43
4040 235 ILCS 5/5-1 from Ch. 43, par. 115
4141 Amends the Liquor Control Act of 1934. Removes language authorizing a distributor to hold a beer showcase permit.
4242 LRB103 37759 RPS 67887 b LRB103 37759 RPS 67887 b
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7070 1 Class 14. Class 3 Brewer,
7171 2 (b) Distributor's license,
7272 3 (c) Importing Distributor's license,
7373 4 (d) Retailer's license,
7474 5 (e) Special Event Retailer's license (not-for-profit),
7575 6 (f) Railroad license,
7676 7 (g) Boat license,
7777 8 (h) Non-Beverage User's license,
7878 9 (i) Wine-maker's premises license,
7979 10 (j) Airplane license,
8080 11 (k) Foreign importer's license,
8181 12 (l) Broker's license,
8282 13 (m) Non-resident dealer's license,
8383 14 (n) Brew Pub license,
8484 15 (o) Auction liquor license,
8585 16 (p) Caterer retailer license,
8686 17 (q) Special use permit license,
8787 18 (r) Winery shipper's license,
8888 19 (s) Craft distiller tasting permit,
8989 20 (t) Brewer warehouse permit,
9090 21 (u) Distilling pub license,
9191 22 (v) Craft distiller warehouse permit,
9292 23 (w) Beer showcase permit.
9393 24 No person, firm, partnership, corporation, or other legal
9494 25 business entity that is engaged in the manufacturing of wine
9595 26 may concurrently obtain and hold a wine-maker's license and a
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106106 1 wine manufacturer's license.
107107 2 (a) A manufacturer's license shall allow the manufacture,
108108 3 importation in bulk, storage, distribution and sale of
109109 4 alcoholic liquor to persons without the State, as may be
110110 5 permitted by law and to licensees in this State as follows:
111111 6 Class 1. A Distiller may make sales and deliveries of
112112 7 alcoholic liquor to distillers, rectifiers, importing
113113 8 distributors, distributors and non-beverage users and to no
114114 9 other licensees.
115115 10 Class 2. A Rectifier, who is not a distiller, as defined
116116 11 herein, may make sales and deliveries of alcoholic liquor to
117117 12 rectifiers, importing distributors, distributors, retailers
118118 13 and non-beverage users and to no other licensees.
119119 14 Class 3. A Brewer may make sales and deliveries of beer to
120120 15 importing distributors and distributors and may make sales as
121121 16 authorized under subsection (e) of Section 6-4 of this Act,
122122 17 including any alcoholic liquor that subsection (e) of Section
123123 18 6-4 authorizes a brewer to sell in its original package only to
124124 19 a non-licensee for pick-up by a non-licensee either within the
125125 20 interior of the brewery premises or at outside of the brewery
126126 21 premises at a curb-side or parking lot adjacent to the brewery
127127 22 premises, subject to any local ordinance.
128128 23 Class 4. A first class wine-manufacturer may make sales
129129 24 and deliveries of up to 50,000 gallons of wine to
130130 25 manufacturers, importing distributors and distributors, and to
131131 26 no other licensees. If a first-class wine-manufacturer
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142142 1 manufactures beer, it shall also obtain and shall only be
143143 2 eligible for, in addition to any current license, a class 1
144144 3 brewer license, shall not manufacture more than 930,000
145145 4 gallons of beer per year, and shall not be a member of or
146146 5 affiliated with, directly or indirectly, a manufacturer that
147147 6 produces more than 930,000 gallons of beer per year. If the
148148 7 first-class wine-manufacturer manufactures spirits, it shall
149149 8 also obtain and shall only be eligible for, in addition to any
150150 9 current license, a class 1 craft distiller license, shall not
151151 10 manufacture more than 50,000 gallons of spirits per year, and
152152 11 shall not be a member of or affiliated with, directly or
153153 12 indirectly, a manufacturer that produces more than 50,000
154154 13 gallons of spirits per year. A first-class wine-manufacturer
155155 14 shall be permitted to sell wine manufactured at the
156156 15 first-class wine-manufacturer premises to non-licensees.
157157 16 Class 5. A second class Wine manufacturer may make sales
158158 17 and deliveries of more than 50,000 gallons of wine to
159159 18 manufacturers, importing distributors and distributors and to
160160 19 no other licensees.
161161 20 Class 6. A first-class wine-maker's license shall allow
162162 21 the manufacture of up to 50,000 gallons of wine per year, and
163163 22 the storage and sale of such wine to distributors in the State
164164 23 and to persons without the State, as may be permitted by law. A
165165 24 person who, prior to June 1, 2008 (the effective date of Public
166166 25 Act 95-634), is a holder of a first-class wine-maker's license
167167 26 and annually produces more than 25,000 gallons of its own wine
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178178 1 and who distributes its wine to licensed retailers shall cease
179179 2 this practice on or before July 1, 2008 in compliance with
180180 3 Public Act 95-634. If a first-class wine-maker manufactures
181181 4 beer, it shall also obtain and shall only be eligible for, in
182182 5 addition to any current license, a class 1 brewer license,
183183 6 shall not manufacture more than 930,000 gallons of beer per
184184 7 year, and shall not be a member of or affiliated with, directly
185185 8 or indirectly, a manufacturer that produces more than 930,000
186186 9 gallons of beer per year. If the first-class wine-maker
187187 10 manufactures spirits, it shall also obtain and shall only be
188188 11 eligible for, in addition to any current license, a class 1
189189 12 craft distiller license, shall not manufacture more than
190190 13 50,000 gallons of spirits per year, and shall not be a member
191191 14 of or affiliated with, directly or indirectly, a manufacturer
192192 15 that produces more than 50,000 gallons of spirits per year. A
193193 16 first-class wine-maker holding a class 1 brewer license or a
194194 17 class 1 craft distiller license shall not be eligible for a
195195 18 wine-maker's premises license but shall be permitted to sell
196196 19 wine manufactured at the first-class wine-maker premises to
197197 20 non-licensees.
198198 21 Class 7. A second-class wine-maker's license shall allow
199199 22 the manufacture of up to 150,000 gallons of wine per year, and
200200 23 the storage and sale of such wine to distributors in this State
201201 24 and to persons without the State, as may be permitted by law. A
202202 25 person who, prior to June 1, 2008 (the effective date of Public
203203 26 Act 95-634), is a holder of a second-class wine-maker's
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214214 1 license and annually produces more than 25,000 gallons of its
215215 2 own wine and who distributes its wine to licensed retailers
216216 3 shall cease this practice on or before July 1, 2008 in
217217 4 compliance with Public Act 95-634. If a second-class
218218 5 wine-maker manufactures beer, it shall also obtain and shall
219219 6 only be eligible for, in addition to any current license, a
220220 7 class 2 brewer license, shall not manufacture more than
221221 8 3,720,000 gallons of beer per year, and shall not be a member
222222 9 of or affiliated with, directly or indirectly, a manufacturer
223223 10 that produces more than 3,720,000 gallons of beer per year. If
224224 11 a second-class wine-maker manufactures spirits, it shall also
225225 12 obtain and shall only be eligible for, in addition to any
226226 13 current license, a class 2 craft distiller license, shall not
227227 14 manufacture more than 100,000 gallons of spirits per year, and
228228 15 shall not be a member of or affiliated with, directly or
229229 16 indirectly, a manufacturer that produces more than 100,000
230230 17 gallons of spirits per year.
231231 18 Class 8. A limited wine-manufacturer may make sales and
232232 19 deliveries not to exceed 40,000 gallons of wine per year to
233233 20 distributors, and to non-licensees in accordance with the
234234 21 provisions of this Act.
235235 22 Class 9. A craft distiller license, which may only be held
236236 23 by a class 1 craft distiller licensee or class 2 craft
237237 24 distiller licensee but not held by both a class 1 craft
238238 25 distiller licensee and a class 2 craft distiller licensee,
239239 26 shall grant all rights conveyed by either: (i) a class 1 craft
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250250 1 distiller license if the craft distiller holds a class 1 craft
251251 2 distiller license; or (ii) a class 2 craft distiller licensee
252252 3 if the craft distiller holds a class 2 craft distiller
253253 4 license.
254254 5 Class 10. A class 1 craft distiller license, which may
255255 6 only be issued to a licensed craft distiller or licensed
256256 7 non-resident dealer, shall allow the manufacture of up to
257257 8 50,000 gallons of spirits per year provided that the class 1
258258 9 craft distiller licensee does not manufacture more than a
259259 10 combined 50,000 gallons of spirits per year and is not a member
260260 11 of or affiliated with, directly or indirectly, a manufacturer
261261 12 that produces more than 50,000 gallons of spirits per year. If
262262 13 a class 1 craft distiller manufactures beer, it shall also
263263 14 obtain and shall only be eligible for, in addition to any
264264 15 current license, a class 1 brewer license, shall not
265265 16 manufacture more than 930,000 gallons of beer per year, and
266266 17 shall not be a member of or affiliated with, directly or
267267 18 indirectly, a manufacturer that produces more than 930,000
268268 19 gallons of beer per year. If a class 1 craft distiller
269269 20 manufactures wine, it shall also obtain and shall only be
270270 21 eligible for, in addition to any current license, a
271271 22 first-class wine-manufacturer license or a first-class
272272 23 wine-maker's license, shall not manufacture more than 50,000
273273 24 gallons of wine per year, and shall not be a member of or
274274 25 affiliated with, directly or indirectly, a manufacturer that
275275 26 produces more than 50,000 gallons of wine per year. A class 1
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286286 1 craft distiller licensee may make sales and deliveries to
287287 2 importing distributors and distributors and to retail
288288 3 licensees in accordance with the conditions set forth in
289289 4 paragraph (19) of subsection (a) of Section 3-12 of this Act.
290290 5 However, the aggregate amount of spirits sold to non-licensees
291291 6 and sold or delivered to retail licensees may not exceed 5,000
292292 7 gallons per year.
293293 8 A class 1 craft distiller licensee may sell up to 5,000
294294 9 gallons of such spirits to non-licensees to the extent
295295 10 permitted by any exemption approved by the State Commission
296296 11 pursuant to Section 6-4 of this Act. A class 1 craft distiller
297297 12 license holder may store such spirits at a non-contiguous
298298 13 licensed location, but at no time shall a class 1 craft
299299 14 distiller license holder directly or indirectly produce in the
300300 15 aggregate more than 50,000 gallons of spirits per year.
301301 16 A class 1 craft distiller licensee may hold more than one
302302 17 class 1 craft distiller's license. However, a class 1 craft
303303 18 distiller that holds more than one class 1 craft distiller
304304 19 license shall not manufacture, in the aggregate, more than
305305 20 50,000 gallons of spirits by distillation per year and shall
306306 21 not sell, in the aggregate, more than 5,000 gallons of such
307307 22 spirits to non-licensees in accordance with an exemption
308308 23 approved by the State Commission pursuant to Section 6-4 of
309309 24 this Act.
310310 25 Class 11. A class 2 craft distiller license, which may
311311 26 only be issued to a licensed craft distiller or licensed
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322322 1 non-resident dealer, shall allow the manufacture of up to
323323 2 100,000 gallons of spirits per year provided that the class 2
324324 3 craft distiller licensee does not manufacture more than a
325325 4 combined 100,000 gallons of spirits per year and is not a
326326 5 member of or affiliated with, directly or indirectly, a
327327 6 manufacturer that produces more than 100,000 gallons of
328328 7 spirits per year. If a class 2 craft distiller manufactures
329329 8 beer, it shall also obtain and shall only be eligible for, in
330330 9 addition to any current license, a class 2 brewer license,
331331 10 shall not manufacture more than 3,720,000 gallons of beer per
332332 11 year, and shall not be a member of or affiliated with, directly
333333 12 or indirectly, a manufacturer that produces more than
334334 13 3,720,000 gallons of beer per year. If a class 2 craft
335335 14 distiller manufactures wine, it shall also obtain and shall
336336 15 only be eligible for, in addition to any current license, a
337337 16 second-class wine-maker's license, shall not manufacture more
338338 17 than 150,000 gallons of wine per year, and shall not be a
339339 18 member of or affiliated with, directly or indirectly, a
340340 19 manufacturer that produces more than 150,000 gallons of wine
341341 20 per year. A class 2 craft distiller licensee may make sales and
342342 21 deliveries to importing distributors and distributors, but
343343 22 shall not make sales or deliveries to any other licensee. If
344344 23 the State Commission provides prior approval, a class 2 craft
345345 24 distiller licensee may annually transfer up to 100,000 gallons
346346 25 of spirits manufactured by that class 2 craft distiller
347347 26 licensee to the premises of a licensed class 2 craft distiller
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358358 1 wholly owned and operated by the same licensee. A class 2 craft
359359 2 distiller may transfer spirits to a distilling pub wholly
360360 3 owned and operated by the class 2 craft distiller subject to
361361 4 the following limitations and restrictions: (i) the transfer
362362 5 shall not annually exceed more than 5,000 gallons; (ii) the
363363 6 annual amount transferred shall reduce the distilling pub's
364364 7 annual permitted production limit; (iii) all spirits
365365 8 transferred shall be subject to Article VIII of this Act; (iv)
366366 9 a written record shall be maintained by the distiller and
367367 10 distilling pub specifying the amount, date of delivery, and
368368 11 receipt of the product by the distilling pub; and (v) the
369369 12 distilling pub shall be located no farther than 80 miles from
370370 13 the class 2 craft distiller's licensed location.
371371 14 A class 2 craft distiller shall, prior to transferring
372372 15 spirits to a distilling pub wholly owned by the class 2 craft
373373 16 distiller, furnish a written notice to the State Commission of
374374 17 intent to transfer spirits setting forth the name and address
375375 18 of the distilling pub and shall annually submit to the State
376376 19 Commission a verified report identifying the total gallons of
377377 20 spirits transferred to the distilling pub wholly owned by the
378378 21 class 2 craft distiller.
379379 22 A class 2 craft distiller license holder may store such
380380 23 spirits at a non-contiguous licensed location, but at no time
381381 24 shall a class 2 craft distiller license holder directly or
382382 25 indirectly produce in the aggregate more than 100,000 gallons
383383 26 of spirits per year.
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394394 1 Class 12. A class 1 brewer license, which may only be
395395 2 issued to a licensed brewer or licensed non-resident dealer,
396396 3 shall allow the manufacture of up to 930,000 gallons of beer
397397 4 per year provided that the class 1 brewer licensee does not
398398 5 manufacture more than a combined 930,000 gallons of beer per
399399 6 year and is not a member of or affiliated with, directly or
400400 7 indirectly, a manufacturer that produces more than 930,000
401401 8 gallons of beer per year. If a class 1 brewer manufactures
402402 9 spirits, it shall also obtain and shall only be eligible for,
403403 10 in addition to any current license, a class 1 craft distiller
404404 11 license, shall not manufacture more than 50,000 gallons of
405405 12 spirits per year, and shall not be a member of or affiliated
406406 13 with, directly or indirectly, a manufacturer that produces
407407 14 more than 50,000 gallons of spirits per year. If a class 1
408408 15 craft brewer manufactures wine, it shall also obtain and shall
409409 16 only be eligible for, in addition to any current license, a
410410 17 first-class wine-manufacturer license or a first-class
411411 18 wine-maker's license, shall not manufacture more than 50,000
412412 19 gallons of wine per year, and shall not be a member of or
413413 20 affiliated with, directly or indirectly, a manufacturer that
414414 21 produces more than 50,000 gallons of wine per year. A class 1
415415 22 brewer licensee may make sales and deliveries to importing
416416 23 distributors and distributors and to retail licensees in
417417 24 accordance with the conditions set forth in paragraph (18) of
418418 25 subsection (a) of Section 3-12 of this Act. If the State
419419 26 Commission provides prior approval, a class 1 brewer may
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430430 1 annually transfer up to 930,000 gallons of beer manufactured
431431 2 by that class 1 brewer to the premises of a licensed class 1
432432 3 brewer wholly owned and operated by the same licensee.
433433 4 Class 13. A class 2 brewer license, which may only be
434434 5 issued to a licensed brewer or licensed non-resident dealer,
435435 6 shall allow the manufacture of up to 3,720,000 gallons of beer
436436 7 per year provided that the class 2 brewer licensee does not
437437 8 manufacture more than a combined 3,720,000 gallons of beer per
438438 9 year and is not a member of or affiliated with, directly or
439439 10 indirectly, a manufacturer that produces more than 3,720,000
440440 11 gallons of beer per year. If a class 2 brewer manufactures
441441 12 spirits, it shall also obtain and shall only be eligible for,
442442 13 in addition to any current license, a class 2 craft distiller
443443 14 license, shall not manufacture more than 100,000 gallons of
444444 15 spirits per year, and shall not be a member of or affiliated
445445 16 with, directly or indirectly, a manufacturer that produces
446446 17 more than 100,000 gallons of spirits per year. If a class 2
447447 18 craft distiller manufactures wine, it shall also obtain and
448448 19 shall only be eligible for, in addition to any current
449449 20 license, a second-class wine-maker's license, shall not
450450 21 manufacture more than 150,000 gallons of wine per year, and
451451 22 shall not be a member of or affiliated with, directly or
452452 23 indirectly, a manufacturer that produces more than 150,000
453453 24 gallons of wine a year. A class 2 brewer licensee may make
454454 25 sales and deliveries to importing distributors and
455455 26 distributors, but shall not make sales or deliveries to any
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466466 1 other licensee. If the State Commission provides prior
467467 2 approval, a class 2 brewer licensee may annually transfer up
468468 3 to 3,720,000 gallons of beer manufactured by that class 2
469469 4 brewer licensee to the premises of a licensed class 2 brewer
470470 5 wholly owned and operated by the same licensee.
471471 6 A class 2 brewer may transfer beer to a brew pub wholly
472472 7 owned and operated by the class 2 brewer subject to the
473473 8 following limitations and restrictions: (i) the transfer shall
474474 9 not annually exceed more than 31,000 gallons; (ii) the annual
475475 10 amount transferred shall reduce the brew pub's annual
476476 11 permitted production limit; (iii) all beer transferred shall
477477 12 be subject to Article VIII of this Act; (iv) a written record
478478 13 shall be maintained by the brewer and brew pub specifying the
479479 14 amount, date of delivery, and receipt of the product by the
480480 15 brew pub; and (v) the brew pub shall be located no farther than
481481 16 80 miles from the class 2 brewer's licensed location.
482482 17 A class 2 brewer shall, prior to transferring beer to a
483483 18 brew pub wholly owned by the class 2 brewer, furnish a written
484484 19 notice to the State Commission of intent to transfer beer
485485 20 setting forth the name and address of the brew pub and shall
486486 21 annually submit to the State Commission a verified report
487487 22 identifying the total gallons of beer transferred to the brew
488488 23 pub wholly owned by the class 2 brewer.
489489 24 Class 14. A class 3 brewer license, which may be issued to
490490 25 a brewer or a non-resident dealer, shall allow the manufacture
491491 26 of no more than 465,000 gallons of beer per year and no more
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502502 1 than 155,000 gallons at a single brewery premises, and shall
503503 2 allow the sale of no more than 6,200 gallons of beer from each
504504 3 in-state or out-of-state class 3 brewery premises, or 18,600
505505 4 gallons in the aggregate, to retail licensees, class 1
506506 5 brewers, class 2 brewers, and class 3 brewers as long as the
507507 6 class 3 brewer licensee does not manufacture more than a
508508 7 combined 465,000 gallons of beer per year and is not a member
509509 8 of or affiliated with, directly or indirectly, a manufacturer
510510 9 that produces more than 465,000 gallons of beer per year to
511511 10 make sales to importing distributors, distributors, retail
512512 11 licensees, brewers, class 1 brewers, class 2 brewers, and
513513 12 class 3 brewers in accordance with the conditions set forth in
514514 13 paragraph (20) of subsection (a) of Section 3-12. If the State
515515 14 Commission provides prior approval, a class 3 brewer may
516516 15 annually transfer up to 155,000 gallons of beer manufactured
517517 16 by that class 3 brewer to the premises of a licensed class 3
518518 17 brewer wholly owned and operated by the same licensee. A class
519519 18 3 brewer shall manufacture beer at the brewer's class 3
520520 19 designated licensed premises, and may sell beer as otherwise
521521 20 provided in this Act.
522522 21 (a-1) A manufacturer which is licensed in this State to
523523 22 make sales or deliveries of alcoholic liquor to licensed
524524 23 distributors or importing distributors and which enlists
525525 24 agents, representatives, or individuals acting on its behalf
526526 25 who contact licensed retailers on a regular and continual
527527 26 basis in this State must register those agents,
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538538 1 representatives, or persons acting on its behalf with the
539539 2 State Commission.
540540 3 Registration of agents, representatives, or persons acting
541541 4 on behalf of a manufacturer is fulfilled by submitting a form
542542 5 to the Commission. The form shall be developed by the
543543 6 Commission and shall include the name and address of the
544544 7 applicant, the name and address of the manufacturer he or she
545545 8 represents, the territory or areas assigned to sell to or
546546 9 discuss pricing terms of alcoholic liquor, and any other
547547 10 questions deemed appropriate and necessary. All statements in
548548 11 the forms required to be made by law or by rule shall be deemed
549549 12 material, and any person who knowingly misstates any material
550550 13 fact under oath in an application is guilty of a Class B
551551 14 misdemeanor. Fraud, misrepresentation, false statements,
552552 15 misleading statements, evasions, or suppression of material
553553 16 facts in the securing of a registration are grounds for
554554 17 suspension or revocation of the registration. The State
555555 18 Commission shall post a list of registered agents on the
556556 19 Commission's website.
557557 20 (b) A distributor's license shall allow (i) the wholesale
558558 21 purchase and storage of alcoholic liquors and sale of
559559 22 alcoholic liquors to licensees in this State and to persons
560560 23 without the State, as may be permitted by law; (ii) the sale of
561561 24 beer, cider, mead, or any combination thereof to brewers,
562562 25 class 1 brewers, and class 2 brewers that, pursuant to
563563 26 subsection (e) of Section 6-4 of this Act, sell beer, cider,
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574574 1 mead, or any combination thereof to non-licensees at their
575575 2 breweries; (iii) the sale of vermouth to class 1 craft
576576 3 distillers and class 2 craft distillers that, pursuant to
577577 4 subsection (e) of Section 6-4 of this Act, sell spirits,
578578 5 vermouth, or both spirits and vermouth to non-licensees at
579579 6 their distilleries; or (iv) as otherwise provided in this Act.
580580 7 No person licensed as a distributor shall be granted a
581581 8 non-resident dealer's license.
582582 9 (c) An importing distributor's license may be issued to
583583 10 and held by those only who are duly licensed distributors,
584584 11 upon the filing of an application by a duly licensed
585585 12 distributor, with the Commission and the Commission shall,
586586 13 without the payment of any fee, immediately issue such
587587 14 importing distributor's license to the applicant, which shall
588588 15 allow the importation of alcoholic liquor by the licensee into
589589 16 this State from any point in the United States outside this
590590 17 State, and the purchase of alcoholic liquor in barrels, casks
591591 18 or other bulk containers and the bottling of such alcoholic
592592 19 liquors before resale thereof, but all bottles or containers
593593 20 so filled shall be sealed, labeled, stamped and otherwise made
594594 21 to comply with all provisions, rules and regulations governing
595595 22 manufacturers in the preparation and bottling of alcoholic
596596 23 liquors. The importing distributor's license shall permit such
597597 24 licensee to purchase alcoholic liquor from Illinois licensed
598598 25 non-resident dealers and foreign importers only. No person
599599 26 licensed as an importing distributor shall be granted a
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610610 1 non-resident dealer's license.
611611 2 (d) A retailer's license shall allow the licensee to sell
612612 3 and offer for sale at retail, only in the premises specified in
613613 4 the license, alcoholic liquor for use or consumption, but not
614614 5 for resale in any form. Except as provided in Section 6-16,
615615 6 6-29, or 6-29.1, nothing in this Act shall deny, limit,
616616 7 remove, or restrict the ability of a holder of a retailer's
617617 8 license to transfer or ship alcoholic liquor to the purchaser
618618 9 for use or consumption subject to any applicable local law or
619619 10 ordinance. For the purposes of this Section, "shipping" means
620620 11 the movement of alcoholic liquor from a licensed retailer to a
621621 12 consumer via a common carrier. Except as provided in Section
622622 13 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit,
623623 14 remove, or restrict the ability of a holder of a retailer's
624624 15 license to deliver alcoholic liquor to the purchaser for use
625625 16 or consumption. The delivery shall be made only within 12
626626 17 hours from the time the alcoholic liquor leaves the licensed
627627 18 premises of the retailer for delivery. For the purposes of
628628 19 this Section, "delivery" means the movement of alcoholic
629629 20 liquor purchased from a licensed retailer to a consumer
630630 21 through the following methods:
631631 22 (1) delivery within licensed retailer's parking lot,
632632 23 including curbside, for pickup by the consumer;
633633 24 (2) delivery by an owner, officer, director,
634634 25 shareholder, or employee of the licensed retailer; or
635635 26 (3) delivery by a third-party contractor, independent
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646646 1 contractor, or agent with whom the licensed retailer has
647647 2 contracted to make deliveries of alcoholic liquors.
648648 3 Under subsection (1), (2), or (3), delivery shall not
649649 4 include the use of common carriers.
650650 5 Any retail license issued to a manufacturer shall only
651651 6 permit the manufacturer to sell beer at retail on the premises
652652 7 actually occupied by the manufacturer. For the purpose of
653653 8 further describing the type of business conducted at a retail
654654 9 licensed premises, a retailer's licensee may be designated by
655655 10 the State Commission as (i) an on premise consumption
656656 11 retailer, (ii) an off premise sale retailer, or (iii) a
657657 12 combined on premise consumption and off premise sale retailer.
658658 13 Except for a municipality with a population of more than
659659 14 1,000,000 inhabitants, a home rule unit may not regulate the
660660 15 delivery of alcoholic liquor inconsistent with this
661661 16 subsection. This paragraph is a limitation under subsection
662662 17 (i) of Section 6 of Article VII of the Illinois Constitution on
663663 18 the concurrent exercise by home rule units of powers and
664664 19 functions exercised by the State. A non-home rule municipality
665665 20 may not regulate the delivery of alcoholic liquor inconsistent
666666 21 with this subsection.
667667 22 Notwithstanding any other provision of this subsection
668668 23 (d), a retail licensee may sell alcoholic liquors to a special
669669 24 event retailer licensee for resale to the extent permitted
670670 25 under subsection (e).
671671 26 (e) A special event retailer's license (not-for-profit)
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682682 1 shall permit the licensee to purchase alcoholic liquors from
683683 2 an Illinois licensed distributor (unless the licensee
684684 3 purchases less than $500 of alcoholic liquors for the special
685685 4 event, in which case the licensee may purchase the alcoholic
686686 5 liquors from a licensed retailer) and shall allow the licensee
687687 6 to sell and offer for sale, at retail, alcoholic liquors for
688688 7 use or consumption, but not for resale in any form and only at
689689 8 the location and on the specific dates designated for the
690690 9 special event in the license. An applicant for a special event
691691 10 retailer license must (i) furnish with the application: (A) a
692692 11 resale number issued under Section 2c of the Retailers'
693693 12 Occupation Tax Act or evidence that the applicant is
694694 13 registered under Section 2a of the Retailers' Occupation Tax
695695 14 Act, (B) a current, valid exemption identification number
696696 15 issued under Section 1g of the Retailers' Occupation Tax Act,
697697 16 and a certification to the Commission that the purchase of
698698 17 alcoholic liquors will be a tax-exempt purchase, or (C) a
699699 18 statement that the applicant is not registered under Section
700700 19 2a of the Retailers' Occupation Tax Act, does not hold a resale
701701 20 number under Section 2c of the Retailers' Occupation Tax Act,
702702 21 and does not hold an exemption number under Section 1g of the
703703 22 Retailers' Occupation Tax Act, in which event the Commission
704704 23 shall set forth on the special event retailer's license a
705705 24 statement to that effect; (ii) submit with the application
706706 25 proof satisfactory to the State Commission that the applicant
707707 26 will provide dram shop liability insurance in the maximum
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718718 1 limits; and (iii) show proof satisfactory to the State
719719 2 Commission that the applicant has obtained local authority
720720 3 approval.
721721 4 Nothing in this Act prohibits an Illinois licensed
722722 5 distributor from offering credit or a refund for unused,
723723 6 salable alcoholic liquors to a holder of a special event
724724 7 retailer's license or the special event retailer's licensee
725725 8 from accepting the credit or refund of alcoholic liquors at
726726 9 the conclusion of the event specified in the license.
727727 10 (f) A railroad license shall permit the licensee to import
728728 11 alcoholic liquors into this State from any point in the United
729729 12 States outside this State and to store such alcoholic liquors
730730 13 in this State; to make wholesale purchases of alcoholic
731731 14 liquors directly from manufacturers, foreign importers,
732732 15 distributors and importing distributors from within or outside
733733 16 this State; and to store such alcoholic liquors in this State;
734734 17 provided that the above powers may be exercised only in
735735 18 connection with the importation, purchase or storage of
736736 19 alcoholic liquors to be sold or dispensed on a club, buffet,
737737 20 lounge or dining car operated on an electric, gas or steam
738738 21 railway in this State; and provided further, that railroad
739739 22 licensees exercising the above powers shall be subject to all
740740 23 provisions of Article VIII of this Act as applied to importing
741741 24 distributors. A railroad license shall also permit the
742742 25 licensee to sell or dispense alcoholic liquors on any club,
743743 26 buffet, lounge or dining car operated on an electric, gas or
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754754 1 steam railway regularly operated by a common carrier in this
755755 2 State, but shall not permit the sale for resale of any
756756 3 alcoholic liquors to any licensee within this State. A license
757757 4 shall be obtained for each car in which such sales are made.
758758 5 (g) A boat license shall allow the sale of alcoholic
759759 6 liquor in individual drinks, on any passenger boat regularly
760760 7 operated as a common carrier on navigable waters in this State
761761 8 or on any riverboat operated under the Illinois Gambling Act,
762762 9 which boat or riverboat maintains a public dining room or
763763 10 restaurant thereon.
764764 11 (h) A non-beverage user's license shall allow the licensee
765765 12 to purchase alcoholic liquor from a licensed manufacturer or
766766 13 importing distributor, without the imposition of any tax upon
767767 14 the business of such licensed manufacturer or importing
768768 15 distributor as to such alcoholic liquor to be used by such
769769 16 licensee solely for the non-beverage purposes set forth in
770770 17 subsection (a) of Section 8-1 of this Act, and such licenses
771771 18 shall be divided and classified and shall permit the purchase,
772772 19 possession and use of limited and stated quantities of
773773 20 alcoholic liquor as follows:
774774 21 Class 1, not to exceed ......................... 500 gallons
775775 22 Class 2, not to exceed ....................... 1,000 gallons
776776 23 Class 3, not to exceed ....................... 5,000 gallons
777777 24 Class 4, not to exceed ...................... 10,000 gallons
778778 25 Class 5, not to exceed ....................... 50,000 gallons
779779 26 (i) A wine-maker's premises license shall allow a licensee
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790790 1 that concurrently holds a first-class wine-maker's license to
791791 2 sell and offer for sale at retail in the premises specified in
792792 3 such license not more than 50,000 gallons of the first-class
793793 4 wine-maker's wine that is made at the first-class wine-maker's
794794 5 licensed premises per year for use or consumption, but not for
795795 6 resale in any form. A wine-maker's premises license shall
796796 7 allow a licensee who concurrently holds a second-class
797797 8 wine-maker's license to sell and offer for sale at retail in
798798 9 the premises specified in such license up to 100,000 gallons
799799 10 of the second-class wine-maker's wine that is made at the
800800 11 second-class wine-maker's licensed premises per year for use
801801 12 or consumption but not for resale in any form. A first-class
802802 13 wine-maker that concurrently holds a class 1 brewer license or
803803 14 a class 1 craft distiller license shall not be eligible to hold
804804 15 a wine-maker's premises license. A wine-maker's premises
805805 16 license shall allow a licensee that concurrently holds a
806806 17 first-class wine-maker's license or a second-class
807807 18 wine-maker's license to sell and offer for sale at retail at
808808 19 the premises specified in the wine-maker's premises license,
809809 20 for use or consumption but not for resale in any form, any
810810 21 beer, wine, and spirits purchased from a licensed distributor.
811811 22 Upon approval from the State Commission, a wine-maker's
812812 23 premises license shall allow the licensee to sell and offer
813813 24 for sale at (i) the wine-maker's licensed premises and (ii) at
814814 25 up to 2 additional locations for use and consumption and not
815815 26 for resale. Each location shall require additional licensing
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826826 1 per location as specified in Section 5-3 of this Act. A
827827 2 wine-maker's premises licensee shall secure liquor liability
828828 3 insurance coverage in an amount at least equal to the maximum
829829 4 liability amounts set forth in subsection (a) of Section 6-21
830830 5 of this Act.
831831 6 (j) An airplane license shall permit the licensee to
832832 7 import alcoholic liquors into this State from any point in the
833833 8 United States outside this State and to store such alcoholic
834834 9 liquors in this State; to make wholesale purchases of
835835 10 alcoholic liquors directly from manufacturers, foreign
836836 11 importers, distributors and importing distributors from within
837837 12 or outside this State; and to store such alcoholic liquors in
838838 13 this State; provided that the above powers may be exercised
839839 14 only in connection with the importation, purchase or storage
840840 15 of alcoholic liquors to be sold or dispensed on an airplane;
841841 16 and provided further, that airplane licensees exercising the
842842 17 above powers shall be subject to all provisions of Article
843843 18 VIII of this Act as applied to importing distributors. An
844844 19 airplane licensee shall also permit the sale or dispensing of
845845 20 alcoholic liquors on any passenger airplane regularly operated
846846 21 by a common carrier in this State, but shall not permit the
847847 22 sale for resale of any alcoholic liquors to any licensee
848848 23 within this State. A single airplane license shall be required
849849 24 of an airline company if liquor service is provided on board
850850 25 aircraft in this State. The annual fee for such license shall
851851 26 be as determined in Section 5-3.
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862862 1 (k) A foreign importer's license shall permit such
863863 2 licensee to purchase alcoholic liquor from Illinois licensed
864864 3 non-resident dealers only, and to import alcoholic liquor
865865 4 other than in bulk from any point outside the United States and
866866 5 to sell such alcoholic liquor to Illinois licensed importing
867867 6 distributors and to no one else in Illinois; provided that (i)
868868 7 the foreign importer registers with the State Commission every
869869 8 brand of alcoholic liquor that it proposes to sell to Illinois
870870 9 licensees during the license period, (ii) the foreign importer
871871 10 complies with all of the provisions of Section 6-9 of this Act
872872 11 with respect to registration of such Illinois licensees as may
873873 12 be granted the right to sell such brands at wholesale, and
874874 13 (iii) the foreign importer complies with the provisions of
875875 14 Sections 6-5 and 6-6 of this Act to the same extent that these
876876 15 provisions apply to manufacturers.
877877 16 (l) (i) A broker's license shall be required of all
878878 17 persons who solicit orders for, offer to sell or offer to
879879 18 supply alcoholic liquor to retailers in the State of Illinois,
880880 19 or who offer to retailers to ship or cause to be shipped or to
881881 20 make contact with distillers, craft distillers, rectifiers,
882882 21 brewers or manufacturers or any other party within or without
883883 22 the State of Illinois in order that alcoholic liquors be
884884 23 shipped to a distributor, importing distributor or foreign
885885 24 importer, whether such solicitation or offer is consummated
886886 25 within or without the State of Illinois.
887887 26 No holder of a retailer's license issued by the Illinois
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898898 1 Liquor Control Commission shall purchase or receive any
899899 2 alcoholic liquor, the order for which was solicited or offered
900900 3 for sale to such retailer by a broker unless the broker is the
901901 4 holder of a valid broker's license.
902902 5 The broker shall, upon the acceptance by a retailer of the
903903 6 broker's solicitation of an order or offer to sell or supply or
904904 7 deliver or have delivered alcoholic liquors, promptly forward
905905 8 to the Illinois Liquor Control Commission a notification of
906906 9 said transaction in such form as the Commission may by
907907 10 regulations prescribe.
908908 11 (ii) A broker's license shall be required of a person
909909 12 within this State, other than a retail licensee, who, for a fee
910910 13 or commission, promotes, solicits, or accepts orders for
911911 14 alcoholic liquor, for use or consumption and not for resale,
912912 15 to be shipped from this State and delivered to residents
913913 16 outside of this State by an express company, common carrier,
914914 17 or contract carrier. This Section does not apply to any person
915915 18 who promotes, solicits, or accepts orders for wine as
916916 19 specifically authorized in Section 6-29 of this Act.
917917 20 A broker's license under this subsection (l) shall not
918918 21 entitle the holder to buy or sell any alcoholic liquors for his
919919 22 own account or to take or deliver title to such alcoholic
920920 23 liquors.
921921 24 This subsection (l) shall not apply to distributors,
922922 25 employees of distributors, or employees of a manufacturer who
923923 26 has registered the trademark, brand or name of the alcoholic
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934934 1 liquor pursuant to Section 6-9 of this Act, and who regularly
935935 2 sells such alcoholic liquor in the State of Illinois only to
936936 3 its registrants thereunder.
937937 4 Any agent, representative, or person subject to
938938 5 registration pursuant to subsection (a-1) of this Section
939939 6 shall not be eligible to receive a broker's license.
940940 7 (m) A non-resident dealer's license shall permit such
941941 8 licensee to ship into and warehouse alcoholic liquor into this
942942 9 State from any point outside of this State, and to sell such
943943 10 alcoholic liquor to Illinois licensed foreign importers and
944944 11 importing distributors and to no one else in this State;
945945 12 provided that (i) said non-resident dealer shall register with
946946 13 the Illinois Liquor Control Commission each and every brand of
947947 14 alcoholic liquor which it proposes to sell to Illinois
948948 15 licensees during the license period, (ii) it shall comply with
949949 16 all of the provisions of Section 6-9 hereof with respect to
950950 17 registration of such Illinois licensees as may be granted the
951951 18 right to sell such brands at wholesale by duly filing such
952952 19 registration statement, thereby authorizing the non-resident
953953 20 dealer to proceed to sell such brands at wholesale, and (iii)
954954 21 the non-resident dealer shall comply with the provisions of
955955 22 Sections 6-5 and 6-6 of this Act to the same extent that these
956956 23 provisions apply to manufacturers. No person licensed as a
957957 24 non-resident dealer shall be granted a distributor's or
958958 25 importing distributor's license.
959959 26 (n) A brew pub license shall allow the licensee to only (i)
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970970 1 manufacture up to 155,000 gallons of beer per year only on the
971971 2 premises specified in the license, (ii) make sales of the beer
972972 3 manufactured on the premises or, with the approval of the
973973 4 Commission, beer manufactured on another brew pub licensed
974974 5 premises that is wholly owned and operated by the same
975975 6 licensee to importing distributors, distributors, and to
976976 7 non-licensees for use and consumption, (iii) store the beer
977977 8 upon the premises, (iv) sell and offer for sale at retail from
978978 9 the licensed premises for off-premises consumption no more
979979 10 than 155,000 gallons per year so long as such sales are only
980980 11 made in-person, (v) sell and offer for sale at retail for use
981981 12 and consumption on the premises specified in the license any
982982 13 form of alcoholic liquor purchased from a licensed distributor
983983 14 or importing distributor, (vi) with the prior approval of the
984984 15 Commission, annually transfer no more than 155,000 gallons of
985985 16 beer manufactured on the premises to a licensed brew pub
986986 17 wholly owned and operated by the same licensee, and (vii)
987987 18 notwithstanding item (i) of this subsection, brew pubs wholly
988988 19 owned and operated by the same licensee may combine each
989989 20 location's production limit of 155,000 gallons of beer per
990990 21 year and allocate the aggregate total between the wholly
991991 22 owned, operated, and licensed locations.
992992 23 A brew pub licensee shall not under any circumstance sell
993993 24 or offer for sale beer manufactured by the brew pub licensee to
994994 25 retail licensees.
995995 26 A person who holds a class 2 brewer license may
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10061006 1 simultaneously hold a brew pub license if the class 2 brewer
10071007 2 (i) does not, under any circumstance, sell or offer for sale
10081008 3 beer manufactured by the class 2 brewer to retail licensees;
10091009 4 (ii) does not hold more than 3 brew pub licenses in this State;
10101010 5 (iii) does not manufacture more than a combined 3,720,000
10111011 6 gallons of beer per year, including the beer manufactured at
10121012 7 the brew pub; and (iv) is not a member of or affiliated with,
10131013 8 directly or indirectly, a manufacturer that produces more than
10141014 9 3,720,000 gallons of beer per year or any other alcoholic
10151015 10 liquor.
10161016 11 Notwithstanding any other provision of this Act, a
10171017 12 licensed brewer, class 2 brewer, or non-resident dealer who
10181018 13 before July 1, 2015 manufactured less than 3,720,000 gallons
10191019 14 of beer per year and held a brew pub license on or before July
10201020 15 1, 2015 may (i) continue to qualify for and hold that brew pub
10211021 16 license for the licensed premises and (ii) manufacture more
10221022 17 than 3,720,000 gallons of beer per year and continue to
10231023 18 qualify for and hold that brew pub license if that brewer,
10241024 19 class 2 brewer, or non-resident dealer does not simultaneously
10251025 20 hold a class 1 brewer license and is not a member of or
10261026 21 affiliated with, directly or indirectly, a manufacturer that
10271027 22 produces more than 3,720,000 gallons of beer per year or that
10281028 23 produces any other alcoholic liquor.
10291029 24 A brew pub licensee may apply for a class 3 brewer license
10301030 25 and, upon meeting all applicable qualifications of this Act
10311031 26 and relinquishing all commonly owned brew pub or retail
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10421042 1 licenses, shall be issued a class 3 brewer license. Nothing in
10431043 2 this Act shall prohibit the issuance of a class 3 brewer
10441044 3 license if the applicant:
10451045 4 (1) has a valid retail license on or before May 1,
10461046 5 2021;
10471047 6 (2) has an ownership interest in at least two brew
10481048 7 pubs licenses on or before May 1, 2021;
10491049 8 (3) the brew pub licensee applies for a class 3 brewer
10501050 9 license on or before October 1, 2022 and relinquishes all
10511051 10 commonly owned brew pub licenses; and
10521052 11 (4) relinquishes all commonly owned retail licenses on
10531053 12 or before December 31, 2022.
10541054 13 If a brew pub licensee is issued a class 3 brewer license,
10551055 14 the class 3 brewer license shall expire on the same date as the
10561056 15 existing brew pub license and the State Commission shall not
10571057 16 require a class 3 brewer licensee to obtain a brewer license,
10581058 17 or in the alternative to pay a fee for a brewer license, until
10591059 18 the date the brew pub license of the applicant would have
10601060 19 expired.
10611061 20 (o) A caterer retailer license shall allow the holder to
10621062 21 serve alcoholic liquors as an incidental part of a food
10631063 22 service that serves prepared meals which excludes the serving
10641064 23 of snacks as the primary meal, either on or off-site whether
10651065 24 licensed or unlicensed. A caterer retailer license shall allow
10661066 25 the holder, a distributor, or an importing distributor to
10671067 26 transfer any inventory to and from the holder's retail
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10781078 1 premises and shall allow the holder to purchase alcoholic
10791079 2 liquor from a distributor or importing distributor to be
10801080 3 delivered directly to an off-site event.
10811081 4 Nothing in this Act prohibits a distributor or importing
10821082 5 distributor from offering credit or a refund for unused,
10831083 6 salable beer to a holder of a caterer retailer license or a
10841084 7 caterer retailer licensee from accepting a credit or refund
10851085 8 for unused, salable beer, in the event an act of God is the
10861086 9 sole reason an off-site event is cancelled and if: (i) the
10871087 10 holder of a caterer retailer license has not transferred
10881088 11 alcoholic liquor from its caterer retailer premises to an
10891089 12 off-site location; (ii) the distributor or importing
10901090 13 distributor offers the credit or refund for the unused,
10911091 14 salable beer that it delivered to the off-site premises and
10921092 15 not for any unused, salable beer that the distributor or
10931093 16 importing distributor delivered to the caterer retailer's
10941094 17 premises; and (iii) the unused, salable beer would likely
10951095 18 spoil if transferred to the caterer retailer's premises. A
10961096 19 caterer retailer license shall allow the holder to transfer
10971097 20 any inventory from any off-site location to its caterer
10981098 21 retailer premises at the conclusion of an off-site event or
10991099 22 engage a distributor or importing distributor to transfer any
11001100 23 inventory from any off-site location to its caterer retailer
11011101 24 premises at the conclusion of an off-site event, provided that
11021102 25 the distributor or importing distributor issues bona fide
11031103 26 charges to the caterer retailer licensee for fuel, labor, and
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11141114 1 delivery and the distributor or importing distributor collects
11151115 2 payment from the caterer retailer licensee prior to the
11161116 3 distributor or importing distributor transferring inventory to
11171117 4 the caterer retailer premises.
11181118 5 For purposes of this subsection (o), an "act of God" means
11191119 6 an unforeseeable event, such as a rain or snow storm, hail, a
11201120 7 flood, or a similar event, that is the sole cause of the
11211121 8 cancellation of an off-site, outdoor event.
11221122 9 (p) An auction liquor license shall allow the licensee to
11231123 10 sell and offer for sale at auction wine and spirits for use or
11241124 11 consumption, or for resale by an Illinois liquor licensee in
11251125 12 accordance with provisions of this Act. An auction liquor
11261126 13 license will be issued to a person and it will permit the
11271127 14 auction liquor licensee to hold the auction anywhere in the
11281128 15 State. An auction liquor license must be obtained for each
11291129 16 auction at least 14 days in advance of the auction date.
11301130 17 (q) A special use permit license shall allow an Illinois
11311131 18 licensed retailer to transfer a portion of its alcoholic
11321132 19 liquor inventory from its retail licensed premises to the
11331133 20 premises specified in the license hereby created; to purchase
11341134 21 alcoholic liquor from a distributor or importing distributor
11351135 22 to be delivered directly to the location specified in the
11361136 23 license hereby created; and to sell or offer for sale at
11371137 24 retail, only in the premises specified in the license hereby
11381138 25 created, the transferred or delivered alcoholic liquor for use
11391139 26 or consumption, but not for resale in any form. A special use
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11501150 1 permit license may be granted for the following time periods:
11511151 2 one day or less; 2 or more days to a maximum of 15 days per
11521152 3 location in any 12-month period. An applicant for the special
11531153 4 use permit license must also submit with the application proof
11541154 5 satisfactory to the State Commission that the applicant will
11551155 6 provide dram shop liability insurance to the maximum limits
11561156 7 and have local authority approval.
11571157 8 A special use permit license shall allow the holder to
11581158 9 transfer any inventory from the holder's special use premises
11591159 10 to its retail premises at the conclusion of the special use
11601160 11 event or engage a distributor or importing distributor to
11611161 12 transfer any inventory from the holder's special use premises
11621162 13 to its retail premises at the conclusion of an off-site event,
11631163 14 provided that the distributor or importing distributor issues
11641164 15 bona fide charges to the special use permit licensee for fuel,
11651165 16 labor, and delivery and the distributor or importing
11661166 17 distributor collects payment from the retail licensee prior to
11671167 18 the distributor or importing distributor transferring
11681168 19 inventory to the retail premises.
11691169 20 Nothing in this Act prohibits a distributor or importing
11701170 21 distributor from offering credit or a refund for unused,
11711171 22 salable beer to a special use permit licensee or a special use
11721172 23 permit licensee from accepting a credit or refund for unused,
11731173 24 salable beer at the conclusion of the event specified in the
11741174 25 license if: (i) the holder of the special use permit license
11751175 26 has not transferred alcoholic liquor from its retail licensed
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11861186 1 premises to the premises specified in the special use permit
11871187 2 license; (ii) the distributor or importing distributor offers
11881188 3 the credit or refund for the unused, salable beer that it
11891189 4 delivered to the premises specified in the special use permit
11901190 5 license and not for any unused, salable beer that the
11911191 6 distributor or importing distributor delivered to the
11921192 7 retailer's premises; and (iii) the unused, salable beer would
11931193 8 likely spoil if transferred to the retailer premises.
11941194 9 (r) A winery shipper's license shall allow a person with a
11951195 10 first-class or second-class wine manufacturer's license, a
11961196 11 first-class or second-class wine-maker's license, or a limited
11971197 12 wine manufacturer's license or who is licensed to make wine
11981198 13 under the laws of another state to ship wine made by that
11991199 14 licensee directly to a resident of this State who is 21 years
12001200 15 of age or older for that resident's personal use and not for
12011201 16 resale. Prior to receiving a winery shipper's license, an
12021202 17 applicant for the license must provide the Commission with a
12031203 18 true copy of its current license in any state in which it is
12041204 19 licensed as a manufacturer of wine. An applicant for a winery
12051205 20 shipper's license must also complete an application form that
12061206 21 provides any other information the Commission deems necessary.
12071207 22 The application form shall include all addresses from which
12081208 23 the applicant for a winery shipper's license intends to ship
12091209 24 wine, including the name and address of any third party,
12101210 25 except for a common carrier, authorized to ship wine on behalf
12111211 26 of the manufacturer. The application form shall include an
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12221222 1 acknowledgement consenting to the jurisdiction of the
12231223 2 Commission, the Illinois Department of Revenue, and the courts
12241224 3 of this State concerning the enforcement of this Act and any
12251225 4 related laws, rules, and regulations, including authorizing
12261226 5 the Department of Revenue and the Commission to conduct audits
12271227 6 for the purpose of ensuring compliance with Public Act 95-634,
12281228 7 and an acknowledgement that the wine manufacturer is in
12291229 8 compliance with Section 6-2 of this Act. Any third party,
12301230 9 except for a common carrier, authorized to ship wine on behalf
12311231 10 of a first-class or second-class wine manufacturer's licensee,
12321232 11 a first-class or second-class wine-maker's licensee, a limited
12331233 12 wine manufacturer's licensee, or a person who is licensed to
12341234 13 make wine under the laws of another state shall also be
12351235 14 disclosed by the winery shipper's licensee, and a copy of the
12361236 15 written appointment of the third-party wine provider, except
12371237 16 for a common carrier, to the wine manufacturer shall be filed
12381238 17 with the State Commission as a supplement to the winery
12391239 18 shipper's license application or any renewal thereof. The
12401240 19 winery shipper's license holder shall affirm under penalty of
12411241 20 perjury, as part of the winery shipper's license application
12421242 21 or renewal, that he or she only ships wine, either directly or
12431243 22 indirectly through a third-party provider, from the licensee's
12441244 23 own production.
12451245 24 Except for a common carrier, a third-party provider
12461246 25 shipping wine on behalf of a winery shipper's license holder
12471247 26 is the agent of the winery shipper's license holder and, as
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12581258 1 such, a winery shipper's license holder is responsible for the
12591259 2 acts and omissions of the third-party provider acting on
12601260 3 behalf of the license holder. A third-party provider, except
12611261 4 for a common carrier, that engages in shipping wine into
12621262 5 Illinois on behalf of a winery shipper's license holder shall
12631263 6 consent to the jurisdiction of the State Commission and the
12641264 7 State. Any third-party, except for a common carrier, holding
12651265 8 such an appointment shall, by February 1 of each calendar year
12661266 9 and upon request by the State Commission or the Department of
12671267 10 Revenue, file with the State Commission a statement detailing
12681268 11 each shipment made to an Illinois resident. The statement
12691269 12 shall include the name and address of the third-party provider
12701270 13 filing the statement, the time period covered by the
12711271 14 statement, and the following information:
12721272 15 (1) the name, address, and license number of the
12731273 16 winery shipper on whose behalf the shipment was made;
12741274 17 (2) the quantity of the products delivered; and
12751275 18 (3) the date and address of the shipment.
12761276 19 If the Department of Revenue or the State Commission requests
12771277 20 a statement under this paragraph, the third-party provider
12781278 21 must provide that statement no later than 30 days after the
12791279 22 request is made. Any books, records, supporting papers, and
12801280 23 documents containing information and data relating to a
12811281 24 statement under this paragraph shall be kept and preserved for
12821282 25 a period of 3 years, unless their destruction sooner is
12831283 26 authorized, in writing, by the Director of Revenue, and shall
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12941294 1 be open and available to inspection by the Director of Revenue
12951295 2 or the State Commission or any duly authorized officer, agent,
12961296 3 or employee of the State Commission or the Department of
12971297 4 Revenue, at all times during business hours of the day. Any
12981298 5 person who violates any provision of this paragraph or any
12991299 6 rule of the State Commission for the administration and
13001300 7 enforcement of the provisions of this paragraph is guilty of a
13011301 8 Class C misdemeanor. In case of a continuing violation, each
13021302 9 day's continuance thereof shall be a separate and distinct
13031303 10 offense.
13041304 11 The State Commission shall adopt rules as soon as
13051305 12 practicable to implement the requirements of Public Act 99-904
13061306 13 and shall adopt rules prohibiting any such third-party
13071307 14 appointment of a third-party provider, except for a common
13081308 15 carrier, that has been deemed by the State Commission to have
13091309 16 violated the provisions of this Act with regard to any winery
13101310 17 shipper licensee.
13111311 18 A winery shipper licensee must pay to the Department of
13121312 19 Revenue the State liquor gallonage tax under Section 8-1 for
13131313 20 all wine that is sold by the licensee and shipped to a person
13141314 21 in this State. For the purposes of Section 8-1, a winery
13151315 22 shipper licensee shall be taxed in the same manner as a
13161316 23 manufacturer of wine. A licensee who is not otherwise required
13171317 24 to register under the Retailers' Occupation Tax Act must
13181318 25 register under the Use Tax Act to collect and remit use tax to
13191319 26 the Department of Revenue for all gallons of wine that are sold
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13301330 1 by the licensee and shipped to persons in this State. If a
13311331 2 licensee fails to remit the tax imposed under this Act in
13321332 3 accordance with the provisions of Article VIII of this Act,
13331333 4 the winery shipper's license shall be revoked in accordance
13341334 5 with the provisions of Article VII of this Act. If a licensee
13351335 6 fails to properly register and remit tax under the Use Tax Act
13361336 7 or the Retailers' Occupation Tax Act for all wine that is sold
13371337 8 by the winery shipper and shipped to persons in this State, the
13381338 9 winery shipper's license shall be revoked in accordance with
13391339 10 the provisions of Article VII of this Act.
13401340 11 A winery shipper licensee must collect, maintain, and
13411341 12 submit to the Commission on a semi-annual basis the total
13421342 13 number of cases per resident of wine shipped to residents of
13431343 14 this State. A winery shipper licensed under this subsection
13441344 15 (r) must comply with the requirements of Section 6-29 of this
13451345 16 Act.
13461346 17 Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
13471347 18 Section 3-12, the State Commission may receive, respond to,
13481348 19 and investigate any complaint and impose any of the remedies
13491349 20 specified in paragraph (1) of subsection (a) of Section 3-12.
13501350 21 As used in this subsection, "third-party provider" means
13511351 22 any entity that provides fulfillment house services, including
13521352 23 warehousing, packaging, distribution, order processing, or
13531353 24 shipment of wine, but not the sale of wine, on behalf of a
13541354 25 licensed winery shipper.
13551355 26 (s) A craft distiller tasting permit license shall allow
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13661366 1 an Illinois licensed class 1 craft distiller or class 2 craft
13671367 2 distiller to transfer a portion of its alcoholic liquor
13681368 3 inventory from its class 1 craft distiller or class 2 craft
13691369 4 distiller licensed premises to the premises specified in the
13701370 5 license hereby created and to conduct a sampling, only in the
13711371 6 premises specified in the license hereby created, of the
13721372 7 transferred alcoholic liquor in accordance with subsection (c)
13731373 8 of Section 6-31 of this Act. The transferred alcoholic liquor
13741374 9 may not be sold or resold in any form. An applicant for the
13751375 10 craft distiller tasting permit license must also submit with
13761376 11 the application proof satisfactory to the State Commission
13771377 12 that the applicant will provide dram shop liability insurance
13781378 13 to the maximum limits and have local authority approval.
13791379 14 (t) A brewer warehouse permit may be issued to the holder
13801380 15 of a class 1 brewer license or a class 2 brewer license. If the
13811381 16 holder of the permit is a class 1 brewer licensee, the brewer
13821382 17 warehouse permit shall allow the holder to store or warehouse
13831383 18 up to 930,000 gallons of tax-determined beer manufactured by
13841384 19 the holder of the permit at the premises specified on the
13851385 20 permit. If the holder of the permit is a class 2 brewer
13861386 21 licensee, the brewer warehouse permit shall allow the holder
13871387 22 to store or warehouse up to 3,720,000 gallons of
13881388 23 tax-determined beer manufactured by the holder of the permit
13891389 24 at the premises specified on the permit. Sales to
13901390 25 non-licensees are prohibited at the premises specified in the
13911391 26 brewer warehouse permit.
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14021402 1 (u) A distilling pub license shall allow the licensee to
14031403 2 only (i) manufacture up to 5,000 gallons of spirits per year
14041404 3 only on the premises specified in the license, (ii) make sales
14051405 4 of the spirits manufactured on the premises or, with the
14061406 5 approval of the State Commission, spirits manufactured on
14071407 6 another distilling pub licensed premises that is wholly owned
14081408 7 and operated by the same licensee to importing distributors
14091409 8 and distributors and to non-licensees for use and consumption,
14101410 9 (iii) store the spirits upon the premises, (iv) sell and offer
14111411 10 for sale at retail from the licensed premises for off-premises
14121412 11 consumption no more than 5,000 gallons per year so long as such
14131413 12 sales are only made in-person, (v) sell and offer for sale at
14141414 13 retail for use and consumption on the premises specified in
14151415 14 the license any form of alcoholic liquor purchased from a
14161416 15 licensed distributor or importing distributor, and (vi) with
14171417 16 the prior approval of the State Commission, annually transfer
14181418 17 no more than 5,000 gallons of spirits manufactured on the
14191419 18 premises to a licensed distilling pub wholly owned and
14201420 19 operated by the same licensee.
14211421 20 A distilling pub licensee shall not under any circumstance
14221422 21 sell or offer for sale spirits manufactured by the distilling
14231423 22 pub licensee to retail licensees.
14241424 23 A person who holds a class 2 craft distiller license may
14251425 24 simultaneously hold a distilling pub license if the class 2
14261426 25 craft distiller (i) does not, under any circumstance, sell or
14271427 26 offer for sale spirits manufactured by the class 2 craft
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14381438 1 distiller to retail licensees; (ii) does not hold more than 3
14391439 2 distilling pub licenses in this State; (iii) does not
14401440 3 manufacture more than a combined 100,000 gallons of spirits
14411441 4 per year, including the spirits manufactured at the distilling
14421442 5 pub; and (iv) is not a member of or affiliated with, directly
14431443 6 or indirectly, a manufacturer that produces more than 100,000
14441444 7 gallons of spirits per year or any other alcoholic liquor.
14451445 8 (v) A craft distiller warehouse permit may be issued to
14461446 9 the holder of a class 1 craft distiller or class 2 craft
14471447 10 distiller license. The craft distiller warehouse permit shall
14481448 11 allow the holder to store or warehouse up to 500,000 gallons of
14491449 12 spirits manufactured by the holder of the permit at the
14501450 13 premises specified on the permit. Sales to non-licensees are
14511451 14 prohibited at the premises specified in the craft distiller
14521452 15 warehouse permit.
14531453 16 (w) A beer showcase permit license shall allow an
14541454 17 Illinois-licensed distributor to transfer a portion of its
14551455 18 beer inventory from its licensed premises to the premises
14561456 19 specified in the beer showcase permit license, and, in the
14571457 20 case of a class 3 brewer to , transfer only beer the class 3
14581458 21 brewer manufactures from its licensed premises to the premises
14591459 22 specified in the beer showcase permit license; and to sell or
14601460 23 offer for sale at retail, only in the premises specified in the
14611461 24 beer showcase permit license, the transferred or delivered
14621462 25 beer for on or off premise consumption, but not for resale in
14631463 26 any form and to sell to non-licensees not more than 96 fluid
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