104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3107 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 235 ILCS 5/3-12235 ILCS 5/5-1 from Ch. 43, par. 115235 ILCS 5/5-3 from Ch. 43, par. 118 Amends the Liquor Control Act of 1934. With regard to certain wine-makers, wine manufacturers, and winery shippers, removes restrictions on the amount of wine that may be produced to be eligible for a self-distribution exemption and removes restrictions on the amount of wine a self-distribution exemption holder may self-distribute. Provides that a wine-maker's premises license shall allow the licensee to sell and offer for sale at up to 3 (instead of 2) additional locations for use and consumption and not for resale. Sets a fee for the additional wine-maker's premises location. Makes other and conforming changes. LRB104 10613 RPS 20689 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3107 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 235 ILCS 5/3-12235 ILCS 5/5-1 from Ch. 43, par. 115235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/3-12 235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/5-3 from Ch. 43, par. 118 Amends the Liquor Control Act of 1934. With regard to certain wine-makers, wine manufacturers, and winery shippers, removes restrictions on the amount of wine that may be produced to be eligible for a self-distribution exemption and removes restrictions on the amount of wine a self-distribution exemption holder may self-distribute. Provides that a wine-maker's premises license shall allow the licensee to sell and offer for sale at up to 3 (instead of 2) additional locations for use and consumption and not for resale. Sets a fee for the additional wine-maker's premises location. Makes other and conforming changes. LRB104 10613 RPS 20689 b LRB104 10613 RPS 20689 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3107 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 235 ILCS 5/3-12235 ILCS 5/5-1 from Ch. 43, par. 115235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/3-12 235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/3-12 235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/5-3 from Ch. 43, par. 118 Amends the Liquor Control Act of 1934. With regard to certain wine-makers, wine manufacturers, and winery shippers, removes restrictions on the amount of wine that may be produced to be eligible for a self-distribution exemption and removes restrictions on the amount of wine a self-distribution exemption holder may self-distribute. Provides that a wine-maker's premises license shall allow the licensee to sell and offer for sale at up to 3 (instead of 2) additional locations for use and consumption and not for resale. Sets a fee for the additional wine-maker's premises location. Makes other and conforming changes. LRB104 10613 RPS 20689 b LRB104 10613 RPS 20689 b LRB104 10613 RPS 20689 b A BILL FOR HB3107LRB104 10613 RPS 20689 b HB3107 LRB104 10613 RPS 20689 b HB3107 LRB104 10613 RPS 20689 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 3-12, 5-1, and 5-3 as follows: 6 (235 ILCS 5/3-12) 7 Sec. 3-12. Powers and duties of State Commission. 8 (a) The State Commission shall have the following powers, 9 functions, and duties: 10 (1) To receive applications and to issue licenses to 11 manufacturers, foreign importers, importing distributors, 12 distributors, non-resident dealers, on premise consumption 13 retailers, off premise sale retailers, special event 14 retailer licensees, special use permit licenses, auction 15 liquor licenses, brew pubs, caterer retailers, 16 non-beverage users, railroads, including owners and 17 lessees of sleeping, dining and cafe cars, airplanes, 18 boats, brokers, and wine maker's premises licensees in 19 accordance with the provisions of this Act, and to suspend 20 or revoke such licenses upon the State Commission's 21 determination, upon notice after hearing, that a licensee 22 has violated any provision of this Act or any rule or 23 regulation issued pursuant thereto and in effect for 30 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3107 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 235 ILCS 5/3-12235 ILCS 5/5-1 from Ch. 43, par. 115235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/3-12 235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/5-3 from Ch. 43, par. 118 235 ILCS 5/3-12 235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/5-3 from Ch. 43, par. 118 Amends the Liquor Control Act of 1934. With regard to certain wine-makers, wine manufacturers, and winery shippers, removes restrictions on the amount of wine that may be produced to be eligible for a self-distribution exemption and removes restrictions on the amount of wine a self-distribution exemption holder may self-distribute. Provides that a wine-maker's premises license shall allow the licensee to sell and offer for sale at up to 3 (instead of 2) additional locations for use and consumption and not for resale. Sets a fee for the additional wine-maker's premises location. Makes other and conforming changes. LRB104 10613 RPS 20689 b LRB104 10613 RPS 20689 b LRB104 10613 RPS 20689 b A BILL FOR 235 ILCS 5/3-12 235 ILCS 5/5-1 from Ch. 43, par. 115 235 ILCS 5/5-3 from Ch. 43, par. 118 LRB104 10613 RPS 20689 b HB3107 LRB104 10613 RPS 20689 b HB3107- 2 -LRB104 10613 RPS 20689 b HB3107 - 2 - LRB104 10613 RPS 20689 b HB3107 - 2 - LRB104 10613 RPS 20689 b 1 days prior to such violation. Except in the case of an 2 action taken pursuant to a violation of Section 6-3, 6-5, 3 or 6-9, any action by the State Commission to suspend or 4 revoke a licensee's license may be limited to the license 5 for the specific premises where the violation occurred. An 6 action for a violation of this Act shall be commenced by 7 the State Commission within 2 years after the date the 8 State Commission becomes aware of the violation. 9 In lieu of suspending or revoking a license, the 10 commission may impose a fine, upon the State Commission's 11 determination and notice after hearing, that a licensee 12 has violated any provision of this Act or any rule or 13 regulation issued pursuant thereto and in effect for 30 14 days prior to such violation. 15 For the purpose of this paragraph (1), when 16 determining multiple violations for the sale of alcohol to 17 a person under the age of 21, a second or subsequent 18 violation for the sale of alcohol to a person under the age 19 of 21 shall only be considered if it was committed within 5 20 years after the date when a prior violation for the sale of 21 alcohol to a person under the age of 21 was committed. 22 The fine imposed under this paragraph may not exceed 23 $500 for each violation. Each day that the activity, which 24 gave rise to the original fine, continues is a separate 25 violation. The maximum fine that may be levied against any 26 licensee, for the period of the license, shall not exceed HB3107 - 2 - LRB104 10613 RPS 20689 b HB3107- 3 -LRB104 10613 RPS 20689 b HB3107 - 3 - LRB104 10613 RPS 20689 b HB3107 - 3 - LRB104 10613 RPS 20689 b 1 $20,000. The maximum penalty that may be imposed on a 2 licensee for selling a bottle of alcoholic liquor with a 3 foreign object in it or serving from a bottle of alcoholic 4 liquor with a foreign object in it shall be the 5 destruction of that bottle of alcoholic liquor for the 6 first 10 bottles so sold or served from by the licensee. 7 For the eleventh bottle of alcoholic liquor and for each 8 third bottle thereafter sold or served from by the 9 licensee with a foreign object in it, the maximum penalty 10 that may be imposed on the licensee is the destruction of 11 the bottle of alcoholic liquor and a fine of up to $50. 12 Any notice issued by the State Commission to a 13 licensee for a violation of this Act or any notice with 14 respect to settlement or offer in compromise shall include 15 the field report, photographs, and any other supporting 16 documentation necessary to reasonably inform the licensee 17 of the nature and extent of the violation or the conduct 18 alleged to have occurred. The failure to include such 19 required documentation shall result in the dismissal of 20 the action. 21 (2) To adopt such rules and regulations consistent 22 with the provisions of this Act which shall be necessary 23 to carry on its functions and duties to the end that the 24 health, safety and welfare of the People of the State of 25 Illinois shall be protected and temperance in the 26 consumption of alcoholic liquors shall be fostered and HB3107 - 3 - LRB104 10613 RPS 20689 b HB3107- 4 -LRB104 10613 RPS 20689 b HB3107 - 4 - LRB104 10613 RPS 20689 b HB3107 - 4 - LRB104 10613 RPS 20689 b 1 promoted and to distribute copies of such rules and 2 regulations to all licensees affected thereby. 3 (3) To call upon other administrative departments of 4 the State, county and municipal governments, county and 5 city police departments and upon prosecuting officers for 6 such information and assistance as it deems necessary in 7 the performance of its duties. 8 (4) To recommend to local commissioners rules and 9 regulations, not inconsistent with the law, for the 10 distribution and sale of alcoholic liquors throughout the 11 State. 12 (5) To inspect, or cause to be inspected, any premises 13 in this State where alcoholic liquors are manufactured, 14 distributed, warehoused, or sold. Nothing in this Act 15 authorizes an agent of the State Commission to inspect 16 private areas within the premises without reasonable 17 suspicion or a warrant during an inspection. "Private 18 areas" include, but are not limited to, safes, personal 19 property, and closed desks. 20 (5.1) Upon receipt of a complaint or upon having 21 knowledge that any person is engaged in business as a 22 manufacturer, importing distributor, distributor, or 23 retailer without a license or valid license, to conduct an 24 investigation. If, after conducting an investigation, the 25 State Commission is satisfied that the alleged conduct 26 occurred or is occurring, it may issue a cease and desist HB3107 - 4 - LRB104 10613 RPS 20689 b HB3107- 5 -LRB104 10613 RPS 20689 b HB3107 - 5 - LRB104 10613 RPS 20689 b HB3107 - 5 - LRB104 10613 RPS 20689 b 1 notice as provided in this Act, impose civil penalties as 2 provided in this Act, notify the local liquor authority, 3 or file a complaint with the State's Attorney's Office of 4 the county where the incident occurred or the Attorney 5 General. 6 (5.2) Upon receipt of a complaint or upon having 7 knowledge that any person is shipping alcoholic liquor 8 into this State from a point outside of this State if the 9 shipment is in violation of this Act, to conduct an 10 investigation. If, after conducting an investigation, the 11 State Commission is satisfied that the alleged conduct 12 occurred or is occurring, it may issue a cease and desist 13 notice as provided in this Act, impose civil penalties as 14 provided in this Act, notify the foreign jurisdiction, or 15 file a complaint with the State's Attorney's Office of the 16 county where the incident occurred or the Attorney 17 General. 18 (5.3) To receive complaints from licensees, local 19 officials, law enforcement agencies, organizations, and 20 persons stating that any licensee has been or is violating 21 any provision of this Act or the rules and regulations 22 issued pursuant to this Act. Such complaints shall be in 23 writing, signed and sworn to by the person making the 24 complaint, and shall state with specificity the facts in 25 relation to the alleged violation. If the State Commission 26 has reasonable grounds to believe that the complaint HB3107 - 5 - LRB104 10613 RPS 20689 b HB3107- 6 -LRB104 10613 RPS 20689 b HB3107 - 6 - LRB104 10613 RPS 20689 b HB3107 - 6 - LRB104 10613 RPS 20689 b 1 substantially alleges a violation of this Act or rules and 2 regulations adopted pursuant to this Act, it shall conduct 3 an investigation. If, after conducting an investigation, 4 the State Commission is satisfied that the alleged 5 violation did occur, it shall proceed with disciplinary 6 action against the licensee as provided in this Act. 7 (5.4) To make arrests and issue notices of civil 8 violations where necessary for the enforcement of this 9 Act. 10 (5.5) To investigate any and all unlicensed activity. 11 (5.6) To impose civil penalties or fines to any person 12 who, without holding a valid license, engages in conduct 13 that requires a license pursuant to this Act, in an amount 14 not to exceed $20,000 for each offense as determined by 15 the State Commission. A civil penalty shall be assessed by 16 the State Commission after a hearing is held in accordance 17 with the provisions set forth in this Act regarding the 18 provision of a hearing for the revocation or suspension of 19 a license. 20 (6) To hear and determine appeals from orders of a 21 local commission in accordance with the provisions of this 22 Act, as hereinafter set forth. Hearings under this 23 subsection shall be held in Springfield or Chicago, at 24 whichever location is the more convenient for the majority 25 of persons who are parties to the hearing. 26 (7) The State Commission shall establish uniform HB3107 - 6 - LRB104 10613 RPS 20689 b HB3107- 7 -LRB104 10613 RPS 20689 b HB3107 - 7 - LRB104 10613 RPS 20689 b HB3107 - 7 - LRB104 10613 RPS 20689 b 1 systems of accounts to be kept by all retail licensees 2 having more than 4 employees, and for this purpose the 3 State Commission may classify all retail licensees having 4 more than 4 employees and establish a uniform system of 5 accounts for each class and prescribe the manner in which 6 such accounts shall be kept. The State Commission may also 7 prescribe the forms of accounts to be kept by all retail 8 licensees having more than 4 employees, including, but not 9 limited to, accounts of earnings and expenses and any 10 distribution, payment, or other distribution of earnings 11 or assets, and any other forms, records, and memoranda 12 which in the judgment of the commission may be necessary 13 or appropriate to carry out any of the provisions of this 14 Act, including, but not limited to, such forms, records, 15 and memoranda as will readily and accurately disclose at 16 all times the beneficial ownership of such retail licensed 17 business. The accounts, forms, records, and memoranda 18 shall be available at all reasonable times for inspection 19 by authorized representatives of the State Commission or 20 by any local liquor control commissioner or his or her 21 authorized representative. The commission may, from time 22 to time, alter, amend, or repeal, in whole or in part, any 23 uniform system of accounts, or the form and manner of 24 keeping accounts. 25 (8) In the conduct of any hearing authorized to be 26 held by the State Commission, to appoint, at the HB3107 - 7 - LRB104 10613 RPS 20689 b HB3107- 8 -LRB104 10613 RPS 20689 b HB3107 - 8 - LRB104 10613 RPS 20689 b HB3107 - 8 - LRB104 10613 RPS 20689 b 1 commission's discretion, hearing officers to conduct 2 hearings involving complex issues or issues that will 3 require a protracted period of time to resolve, to 4 examine, or cause to be examined, under oath, any 5 licensee, and to examine or cause to be examined the books 6 and records of such licensee; to hear testimony and take 7 proof material for its information in the discharge of its 8 duties hereunder; to administer or cause to be 9 administered oaths; for any such purpose to issue subpoena 10 or subpoenas to require the attendance of witnesses and 11 the production of books, which shall be effective in any 12 part of this State, and to adopt rules to implement its 13 powers under this paragraph (8). 14 Any circuit court may, by order duly entered, require 15 the attendance of witnesses and the production of relevant 16 books subpoenaed by the State Commission and the court may 17 compel obedience to its order by proceedings for contempt. 18 (9) To investigate the administration of laws in 19 relation to alcoholic liquors in this and other states and 20 any foreign countries, and to recommend from time to time 21 to the Governor and through him or her to the legislature 22 of this State, such amendments to this Act, if any, as it 23 may think desirable and as will serve to further the 24 general broad purposes contained in Section 1-2 hereof. 25 (10) To adopt such rules and regulations consistent 26 with the provisions of this Act which shall be necessary HB3107 - 8 - LRB104 10613 RPS 20689 b HB3107- 9 -LRB104 10613 RPS 20689 b HB3107 - 9 - LRB104 10613 RPS 20689 b HB3107 - 9 - LRB104 10613 RPS 20689 b 1 for the control, sale, or disposition of alcoholic liquor 2 damaged as a result of an accident, wreck, flood, fire, or 3 other similar occurrence. 4 (11) To develop industry educational programs related 5 to responsible serving and selling, particularly in the 6 areas of overserving consumers and illegal underage 7 purchasing and consumption of alcoholic beverages. 8 (11.1) To license persons providing education and 9 training to alcohol beverage sellers and servers for 10 mandatory and non-mandatory training under the Beverage 11 Alcohol Sellers and Servers Education and Training 12 (BASSET) programs and to develop and administer a public 13 awareness program in Illinois to reduce or eliminate the 14 illegal purchase and consumption of alcoholic beverage 15 products by persons under the age of 21. Application for a 16 license shall be made on forms provided by the State 17 Commission. 18 (12) To develop and maintain a repository of license 19 and regulatory information. 20 (13) (Blank). 21 (14) On or before April 30, 2008 and every 2 years 22 thereafter, the State Commission shall present a written 23 report to the Governor and the General Assembly that shall 24 be based on a study of the impact of Public Act 95-634 on 25 the business of soliciting, selling, and shipping wine 26 from inside and outside of this State directly to HB3107 - 9 - LRB104 10613 RPS 20689 b HB3107- 10 -LRB104 10613 RPS 20689 b HB3107 - 10 - LRB104 10613 RPS 20689 b HB3107 - 10 - LRB104 10613 RPS 20689 b 1 residents of this State. As part of its report, the State 2 Commission shall provide all of the following information: 3 (A) The amount of State excise and sales tax 4 revenues generated. 5 (B) The amount of licensing fees received. 6 (C) The number of cases of wine shipped from 7 inside and outside of this State directly to residents 8 of this State. 9 (D) The number of alcohol compliance operations 10 conducted. 11 (E) The number of winery shipper's licenses 12 issued. 13 (F) The number of each of the following: reported 14 violations; cease and desist notices issued by the 15 Commission; notices of violations issued by the 16 Commission and to the Department of Revenue; and 17 notices and complaints of violations to law 18 enforcement officials, including, without limitation, 19 the Illinois Attorney General and the U.S. Department 20 of Treasury's Alcohol and Tobacco Tax and Trade 21 Bureau. 22 (15) As a means to reduce the underage consumption of 23 alcoholic liquors, the State Commission shall conduct 24 alcohol compliance operations to investigate whether 25 businesses that are soliciting, selling, and shipping wine 26 from inside or outside of this State directly to residents HB3107 - 10 - LRB104 10613 RPS 20689 b HB3107- 11 -LRB104 10613 RPS 20689 b HB3107 - 11 - LRB104 10613 RPS 20689 b HB3107 - 11 - LRB104 10613 RPS 20689 b 1 of this State are licensed by this State or are selling or 2 attempting to sell wine to persons under 21 years of age in 3 violation of this Act. 4 (16) The State Commission shall, in addition to 5 notifying any appropriate law enforcement agency, submit 6 notices of complaints or violations of Sections 6-29 and 7 6-29.1 by persons who do not hold a winery shipper's 8 license under this Act to the Illinois Attorney General 9 and to the U.S. Department of Treasury's Alcohol and 10 Tobacco Tax and Trade Bureau. 11 (17)(A) A person licensed to make wine under the laws 12 of another state who has a winery shipper's license under 13 this Act and annually produces less than 25,000 gallons of 14 wine or a person who has a first-class or second-class 15 wine manufacturer's license, a first-class or second-class 16 wine-maker's license, or a limited wine manufacturer's 17 license under this Act and annually produces less than 18 25,000 gallons of wine may make application to the 19 Commission for a self-distribution exemption to allow the 20 sale of not more than 5,000 gallons of the exemption 21 holder's wine to retail licensees per year and to sell 22 cider, mead, or both cider and mead to brewers, class 1 23 brewers, class 2 brewers, and class 3 brewers that, 24 pursuant to subsection (e) of Section 6-4 of this Act, 25 sell beer, cider, mead, or any combination thereof to 26 non-licensees at their breweries. HB3107 - 11 - LRB104 10613 RPS 20689 b HB3107- 12 -LRB104 10613 RPS 20689 b HB3107 - 12 - LRB104 10613 RPS 20689 b HB3107 - 12 - LRB104 10613 RPS 20689 b 1 (B) In the application, which shall be sworn under 2 penalty of perjury, such person shall state (1) the date 3 it was established; (2) its volume of production and sales 4 for each year since its establishment; (3) its efforts to 5 establish distributor relationships; (4) that a 6 self-distribution exemption is necessary to facilitate the 7 marketing of its wine; and (5) that it will comply with the 8 liquor and revenue laws of the United States, this State, 9 and any other state where it is licensed. 10 (C) The State Commission shall approve the application 11 for a self-distribution exemption if such person: (1) is 12 in compliance with State revenue and liquor laws; (2) is 13 not a member of any affiliated group that produces 14 directly or indirectly more than 25,000 gallons of wine 15 per annum, 930,000 gallons of beer per annum, or 50,000 16 gallons of spirits per annum; (3) will not annually 17 produce for sale more than 25,000 gallons of wine, 930,000 18 gallons of beer, or 50,000 gallons of spirits; and (4) 19 will not annually sell more than 5,000 gallons of its wine 20 to retail licensees. 21 (D) A self-distribution exemption holder shall 22 annually certify to the State Commission its production of 23 wine in the previous 12 months and its anticipated 24 production and sales for the next 12 months. The State 25 Commission may fine, suspend, or revoke a 26 self-distribution exemption after a hearing if it finds HB3107 - 12 - LRB104 10613 RPS 20689 b HB3107- 13 -LRB104 10613 RPS 20689 b HB3107 - 13 - LRB104 10613 RPS 20689 b HB3107 - 13 - LRB104 10613 RPS 20689 b 1 that the exemption holder has made a material 2 misrepresentation in its application or , violated a 3 revenue or liquor law of Illinois, exceeded production of 4 25,000 gallons of wine, 930,000 gallons of beer, or 50,000 5 gallons of spirits in any calendar year, or become part of 6 an affiliated group producing more than 25,000 gallons of 7 wine, 930,000 gallons of beer, or 50,000 gallons of 8 spirits. 9 (E) Except in hearings for violations of this Act or 10 Public Act 95-634 or a bona fide investigation by duly 11 sworn law enforcement officials, the State Commission, or 12 its agents, the State Commission shall maintain the 13 production and sales information of a self-distribution 14 exemption holder as confidential and shall not release 15 such information to any person. 16 (F) The State Commission shall issue regulations 17 governing self-distribution exemptions consistent with 18 this Section and this Act. 19 (G) Nothing in this paragraph (17) shall prohibit a 20 self-distribution exemption holder from entering into or 21 simultaneously having a distribution agreement with a 22 licensed Illinois distributor. 23 (H) It is the intent of this paragraph (17) to promote 24 and continue orderly markets. The General Assembly finds 25 that, in order to preserve Illinois' regulatory 26 distribution system, it is necessary to create an HB3107 - 13 - LRB104 10613 RPS 20689 b HB3107- 14 -LRB104 10613 RPS 20689 b HB3107 - 14 - LRB104 10613 RPS 20689 b HB3107 - 14 - LRB104 10613 RPS 20689 b 1 exception for smaller makers of wine as their wines are 2 frequently adjusted in varietals, mixes, vintages, and 3 taste to find and create market niches sometimes too small 4 for distributor or importing distributor business 5 strategies. Limited self-distribution rights will afford 6 and allow smaller makers of wine access to the marketplace 7 in order to develop a customer base without impairing the 8 integrity of the 3-tier system. 9 (18)(A) A class 1 brewer licensee, who must also be 10 either a licensed brewer or licensed non-resident dealer 11 and annually manufacture less than 930,000 gallons of 12 beer, may make application to the State Commission for a 13 self-distribution exemption to allow the sale of not more 14 than 232,500 gallons per year of the exemption holder's 15 beer to retail licensees and to brewers, class 1 brewers, 16 and class 2 brewers that, pursuant to subsection (e) of 17 Section 6-4 of this Act, sell beer, cider, mead, or any 18 combination thereof to non-licensees at their breweries. 19 (B) In the application, which shall be sworn under 20 penalty of perjury, the class 1 brewer licensee shall 21 state (1) the date it was established; (2) its volume of 22 beer manufactured and sold for each year since its 23 establishment; (3) its efforts to establish distributor 24 relationships; (4) that a self-distribution exemption is 25 necessary to facilitate the marketing of its beer; and (5) 26 that it will comply with the alcoholic beverage and HB3107 - 14 - LRB104 10613 RPS 20689 b HB3107- 15 -LRB104 10613 RPS 20689 b HB3107 - 15 - LRB104 10613 RPS 20689 b HB3107 - 15 - LRB104 10613 RPS 20689 b 1 revenue laws of the United States, this State, and any 2 other state where it is licensed. 3 (C) Any application submitted shall be posted on the 4 State Commission's website at least 45 days prior to 5 action by the State Commission. The State Commission shall 6 approve the application for a self-distribution exemption 7 if the class 1 brewer licensee: (1) is in compliance with 8 the State, revenue, and alcoholic beverage laws; (2) is 9 not a member of any affiliated group that manufactures, 10 directly or indirectly, more than 930,000 gallons of beer 11 per annum, 25,000 gallons of wine per annum, or 50,000 12 gallons of spirits per annum; (3) shall not annually 13 manufacture for sale more than 930,000 gallons of beer, 14 25,000 gallons of wine, or 50,000 gallons of spirits; (4) 15 shall not annually sell more than 232,500 gallons of its 16 beer to retail licensees and class 3 brewers and to 17 brewers, class 1 brewers, and class 2 brewers that, 18 pursuant to subsection (e) of Section 6-4 of this Act, 19 sell beer, cider, mead, or any combination thereof to 20 non-licensees at their breweries; and (5) has relinquished 21 any brew pub license held by the licensee, including any 22 ownership interest it held in the licensed brew pub. 23 (D) A self-distribution exemption holder shall 24 annually certify to the State Commission its manufacture 25 of beer during the previous 12 months and its anticipated 26 manufacture and sales of beer for the next 12 months. The HB3107 - 15 - LRB104 10613 RPS 20689 b HB3107- 16 -LRB104 10613 RPS 20689 b HB3107 - 16 - LRB104 10613 RPS 20689 b HB3107 - 16 - LRB104 10613 RPS 20689 b 1 State Commission may fine, suspend, or revoke a 2 self-distribution exemption after a hearing if it finds 3 that the exemption holder has made a material 4 misrepresentation in its application, violated a revenue 5 or alcoholic beverage law of Illinois, exceeded the 6 manufacture of 930,000 gallons of beer, 25,000 gallons of 7 wine, or 50,000 gallons of spirits in any calendar year or 8 became part of an affiliated group manufacturing more than 9 930,000 gallons of beer, 25,000 gallons of wine, or 50,000 10 gallons of spirits. 11 (E) The State Commission shall issue rules and 12 regulations governing self-distribution exemptions 13 consistent with this Act. 14 (F) Nothing in this paragraph (18) shall prohibit a 15 self-distribution exemption holder from entering into or 16 simultaneously having a distribution agreement with a 17 licensed Illinois importing distributor or a distributor. 18 If a self-distribution exemption holder enters into a 19 distribution agreement and has assigned distribution 20 rights to an importing distributor or distributor, then 21 the self-distribution exemption holder's distribution 22 rights in the assigned territories shall cease in a 23 reasonable time not to exceed 60 days. 24 (G) It is the intent of this paragraph (18) to promote 25 and continue orderly markets. The General Assembly finds 26 that in order to preserve Illinois' regulatory HB3107 - 16 - LRB104 10613 RPS 20689 b HB3107- 17 -LRB104 10613 RPS 20689 b HB3107 - 17 - LRB104 10613 RPS 20689 b HB3107 - 17 - LRB104 10613 RPS 20689 b 1 distribution system, it is necessary to create an 2 exception for smaller manufacturers in order to afford and 3 allow such smaller manufacturers of beer access to the 4 marketplace in order to develop a customer base without 5 impairing the integrity of the 3-tier system. 6 (19)(A) A class 1 craft distiller licensee or a 7 non-resident dealer who manufactures less than 50,000 8 gallons of distilled spirits per year may make application 9 to the State Commission for a self-distribution exemption 10 to allow the sale of not more than 5,000 gallons of the 11 exemption holder's spirits to retail licensees per year. 12 (B) In the application, which shall be sworn under 13 penalty of perjury, the class 1 craft distiller licensee 14 or non-resident dealer shall state (1) the date it was 15 established; (2) its volume of spirits manufactured and 16 sold for each year since its establishment; (3) its 17 efforts to establish distributor relationships; (4) that a 18 self-distribution exemption is necessary to facilitate the 19 marketing of its spirits; and (5) that it will comply with 20 the alcoholic beverage and revenue laws of the United 21 States, this State, and any other state where it is 22 licensed. 23 (C) Any application submitted shall be posted on the 24 State Commission's website at least 45 days prior to 25 action by the State Commission. The State Commission shall 26 approve the application for a self-distribution exemption HB3107 - 17 - LRB104 10613 RPS 20689 b HB3107- 18 -LRB104 10613 RPS 20689 b HB3107 - 18 - LRB104 10613 RPS 20689 b HB3107 - 18 - LRB104 10613 RPS 20689 b 1 if the applicant: (1) is in compliance with State revenue 2 and alcoholic beverage laws; (2) is not a member of any 3 affiliated group that produces more than 50,000 gallons of 4 spirits per annum, 930,000 gallons of beer per annum, or 5 25,000 gallons of wine per annum; (3) does not annually 6 manufacture for sale more than 50,000 gallons of spirits, 7 930,000 gallons of beer, or 25,000 gallons of wine; and 8 (4) does not annually sell more than 5,000 gallons of its 9 spirits to retail licensees. 10 (D) A self-distribution exemption holder shall 11 annually certify to the State Commission its manufacture 12 of spirits during the previous 12 months and its 13 anticipated manufacture and sales of spirits for the next 14 12 months. The State Commission may fine, suspend, or 15 revoke a self-distribution exemption after a hearing if it 16 finds that the exemption holder has made a material 17 misrepresentation in its application, violated a revenue 18 or alcoholic beverage law of Illinois, exceeded the 19 manufacture of 50,000 gallons of spirits, 930,000 gallons 20 of beer, or 25,000 gallons of wine in any calendar year, or 21 has become part of an affiliated group manufacturing more 22 than 50,000 gallons of spirits, 930,000 gallons of beer, 23 or 25,000 gallons of wine. 24 (E) The State Commission shall adopt rules governing 25 self-distribution exemptions consistent with this Act. 26 (F) Nothing in this paragraph (19) shall prohibit a HB3107 - 18 - LRB104 10613 RPS 20689 b HB3107- 19 -LRB104 10613 RPS 20689 b HB3107 - 19 - LRB104 10613 RPS 20689 b HB3107 - 19 - LRB104 10613 RPS 20689 b 1 self-distribution exemption holder from entering into or 2 simultaneously having a distribution agreement with a 3 licensed Illinois importing distributor or a distributor. 4 (G) It is the intent of this paragraph (19) to promote 5 and continue orderly markets. The General Assembly finds 6 that in order to preserve Illinois' regulatory 7 distribution system, it is necessary to create an 8 exception for smaller manufacturers in order to afford and 9 allow such smaller manufacturers of spirits access to the 10 marketplace in order to develop a customer base without 11 impairing the integrity of the 3-tier system. 12 (20)(A) A class 3 brewer licensee who must manufacture 13 less than 465,000 gallons of beer in the aggregate and not 14 more than 155,000 gallons at any single brewery premises 15 may make application to the State Commission for a 16 self-distribution exemption to allow the sale of not more 17 than 6,200 gallons of beer from each in-state or 18 out-of-state class 3 brewery premises, which shall not 19 exceed 18,600 gallons annually in the aggregate, that is 20 manufactured at a wholly owned class 3 brewer's in-state 21 or out-of-state licensed premises to retail licensees and 22 class 3 brewers and to brewers, class 1 brewers, class 2 23 brewers that, pursuant to subsection (e) of Section 6-4, 24 sell beer, cider, or both beer and cider to non-licensees 25 at their licensed breweries. 26 (B) In the application, which shall be sworn under HB3107 - 19 - LRB104 10613 RPS 20689 b HB3107- 20 -LRB104 10613 RPS 20689 b HB3107 - 20 - LRB104 10613 RPS 20689 b HB3107 - 20 - LRB104 10613 RPS 20689 b 1 penalty of perjury, the class 3 brewer licensee shall 2 state: 3 (1) the date it was established; 4 (2) its volume of beer manufactured and sold for 5 each year since its establishment; 6 (3) its efforts to establish distributor 7 relationships; 8 (4) that a self-distribution exemption is 9 necessary to facilitate the marketing of its beer; and 10 (5) that it will comply with the alcoholic 11 beverage and revenue laws of the United States, this 12 State, and any other state where it is licensed. 13 (C) Any application submitted shall be posted on the 14 State Commission's website at least 45 days before action 15 by the State Commission. The State Commission shall 16 approve the application for a self-distribution exemption 17 if the class 3 brewer licensee: (1) is in compliance with 18 the State, revenue, and alcoholic beverage laws; (2) is 19 not a member of any affiliated group that manufacturers, 20 directly or indirectly, more than 465,000 gallons of beer 21 per annum; (3) shall not annually manufacture for sale 22 more than 465,000 gallons of beer or more than 155,000 23 gallons at any single brewery premises; and (4) shall not 24 annually sell more than 6,200 gallons of beer from each 25 in-state or out-of-state class 3 brewery premises, and 26 shall not exceed 18,600 gallons annually in the aggregate, HB3107 - 20 - LRB104 10613 RPS 20689 b HB3107- 21 -LRB104 10613 RPS 20689 b HB3107 - 21 - LRB104 10613 RPS 20689 b HB3107 - 21 - LRB104 10613 RPS 20689 b 1 to retail licensees and class 3 brewers and to brewers, 2 class 1 brewers, and class 2 brewers that, pursuant to 3 subsection (e) of Section 6-4 of this Act, sell beer, 4 cider, or both beer and cider to non-licensees at their 5 breweries. 6 (D) A self-distribution exemption holder shall 7 annually certify to the State Commission its manufacture 8 of beer during the previous 12 months and its anticipated 9 manufacture and sales of beer for the next 12 months. The 10 State Commission may fine, suspend, or revoke a 11 self-distribution exemption after a hearing if it finds 12 that the exemption holder has made a material 13 misrepresentation in its application, violated a revenue 14 or alcoholic beverage law of Illinois, exceeded the 15 manufacture of 465,000 gallons of beer in any calendar 16 year or became part of an affiliated group manufacturing 17 more than 465,000 gallons of beer, or exceeded the sale to 18 retail licensees, brewers, class 1 brewers, class 2 19 brewers, and class 3 brewers of 6,200 gallons per brewery 20 location or 18,600 gallons in the aggregate. 21 (E) The State Commission may adopt rules governing 22 self-distribution exemptions consistent with this Act. 23 (F) Nothing in this paragraph shall prohibit a 24 self-distribution exemption holder from entering into or 25 simultaneously having a distribution agreement with a 26 licensed Illinois importing distributor or a distributor. HB3107 - 21 - LRB104 10613 RPS 20689 b HB3107- 22 -LRB104 10613 RPS 20689 b HB3107 - 22 - LRB104 10613 RPS 20689 b HB3107 - 22 - LRB104 10613 RPS 20689 b 1 If a self-distribution exemption holder enters into a 2 distribution agreement and has assigned distribution 3 rights to an importing distributor or distributor, then 4 the self-distribution exemption holder's distribution 5 rights in the assigned territories shall cease in a 6 reasonable time not to exceed 60 days. 7 (G) It is the intent of this paragraph to promote and 8 continue orderly markets. The General Assembly finds that 9 in order to preserve Illinois' regulatory distribution 10 system, it is necessary to create an exception for smaller 11 manufacturers in order to afford and allow such smaller 12 manufacturers of beer access to the marketplace in order 13 to develop a customer base without impairing the integrity 14 of the 3-tier system. 15 (b) On or before April 30, 1999, the Commission shall 16 present a written report to the Governor and the General 17 Assembly that shall be based on a study of the impact of Public 18 Act 90-739 on the business of soliciting, selling, and 19 shipping alcoholic liquor from outside of this State directly 20 to residents of this State. 21 As part of its report, the Commission shall provide the 22 following information: 23 (i) the amount of State excise and sales tax revenues 24 generated as a result of Public Act 90-739; 25 (ii) the amount of licensing fees received as a result 26 of Public Act 90-739; HB3107 - 22 - LRB104 10613 RPS 20689 b HB3107- 23 -LRB104 10613 RPS 20689 b HB3107 - 23 - LRB104 10613 RPS 20689 b HB3107 - 23 - LRB104 10613 RPS 20689 b 1 (iii) the number of reported violations, the number of 2 cease and desist notices issued by the Commission, the 3 number of notices of violations issued to the Department 4 of Revenue, and the number of notices and complaints of 5 violations to law enforcement officials. 6 (Source: P.A. 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 7 101-482, eff. 8-23-19; 102-442, eff. 8-20-21; 102-558, eff. 8 8-20-21; 102-813, eff. 5-13-22.) 9 (235 ILCS 5/5-1) (from Ch. 43, par. 115) 10 Sec. 5-1. Licenses issued by the Illinois Liquor Control 11 Commission shall be of the following classes: 12 (a) Manufacturer's license - Class 1. Distiller, Class 2. 13 Rectifier, Class 3. Brewer, Class 4. First Class Wine 14 Manufacturer, Class 5. Second Class Wine Manufacturer, Class 15 6. First Class Winemaker, Class 7. Second Class Winemaker, 16 Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller, 17 Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft 18 Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer, 19 Class 14. Class 3 Brewer, 20 (b) Distributor's license, 21 (c) Importing Distributor's license, 22 (d) Retailer's license, 23 (e) Special Event Retailer's license (not-for-profit), 24 (f) Railroad license, 25 (g) Boat license, HB3107 - 23 - LRB104 10613 RPS 20689 b HB3107- 24 -LRB104 10613 RPS 20689 b HB3107 - 24 - LRB104 10613 RPS 20689 b HB3107 - 24 - LRB104 10613 RPS 20689 b 1 (h) Non-Beverage User's license, 2 (i) Wine-maker's premises license, 3 (j) Airplane license, 4 (k) Foreign importer's license, 5 (l) Broker's license, 6 (m) Non-resident dealer's license, 7 (n) Brew Pub license, 8 (o) Auction liquor license, 9 (p) Caterer retailer license, 10 (q) Special use permit license, 11 (r) Winery shipper's license, 12 (s) Craft distiller tasting permit, 13 (t) Brewer warehouse permit, 14 (u) Distilling pub license, 15 (v) Craft distiller warehouse permit, 16 (w) Beer showcase permit. 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 HB3107 - 24 - LRB104 10613 RPS 20689 b HB3107- 25 -LRB104 10613 RPS 20689 b HB3107 - 25 - LRB104 10613 RPS 20689 b HB3107 - 25 - LRB104 10613 RPS 20689 b 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; except that a first class 20 wine-manufacturer license shall allow the holder to 21 self-distribute its wines to retailers in accordance with a 22 self-distribution exemption under paragraph (17) of subsection 23 (a) of Section 3-12. If a first-class wine-manufacturer 24 manufactures beer, it shall also obtain and shall only be 25 eligible for, in addition to any current license, a class 1 26 brewer license, shall not manufacture more than 930,000 HB3107 - 25 - LRB104 10613 RPS 20689 b HB3107- 26 -LRB104 10613 RPS 20689 b HB3107 - 26 - LRB104 10613 RPS 20689 b HB3107 - 26 - LRB104 10613 RPS 20689 b 1 gallons of beer per year, and shall not be a member of or 2 affiliated with, directly or indirectly, a manufacturer that 3 produces more than 930,000 gallons of beer per year. If the 4 first-class wine-manufacturer manufactures spirits, it shall 5 also obtain and shall only be eligible for, in addition to any 6 current license, a class 1 craft distiller license, shall not 7 manufacture more than 50,000 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 50,000 10 gallons of spirits per year. A first-class wine-manufacturer 11 shall be permitted to sell wine manufactured at the 12 first-class wine-manufacturer premises to non-licensees. 13 Class 5. A second class Wine manufacturer may make sales 14 and deliveries of more than 50,000 gallons of wine to 15 manufacturers, importing distributors and distributors and to 16 no other licensees; except that a second class wine 17 manufacturer license shall allow the holder to self-distribute 18 its wines to retailers in accordance with a self-distribution 19 exemption under paragraph (17) of subsection (a) of Section 20 3-12. 21 Class 6. A first-class wine-maker's license shall allow 22 the manufacture of up to 50,000 gallons of wine per year, and 23 the storage and sale of such wine to distributors in the State 24 and to persons without the State, as may be permitted by law. A 25 first-class wine-maker's license shall allow the holder to 26 self-distribute its wines to retailers in accordance with a HB3107 - 26 - LRB104 10613 RPS 20689 b HB3107- 27 -LRB104 10613 RPS 20689 b HB3107 - 27 - LRB104 10613 RPS 20689 b HB3107 - 27 - LRB104 10613 RPS 20689 b 1 self-distribution exemption under paragraph (17) of subsection 2 (a) of Section 3-12. A person who, prior to June 1, 2008 (the 3 effective date of Public Act 95-634), is a holder of a 4 first-class wine-maker's license and annually produces more 5 than 25,000 gallons of its own wine and who distributes its 6 wine to licensed retailers shall cease this practice on or 7 before July 1, 2008 in compliance with Public Act 95-634. If a 8 first-class wine-maker manufactures beer, it shall also obtain 9 and shall only be eligible for, in addition to any current 10 license, a class 1 brewer license, shall not manufacture more 11 than 930,000 gallons of beer per year, and shall not be a 12 member of or affiliated with, directly or indirectly, a 13 manufacturer that produces more than 930,000 gallons of beer 14 per year. If the first-class wine-maker manufactures spirits, 15 it shall also obtain and shall only be eligible for, in 16 addition to any current license, a class 1 craft distiller 17 license, shall not manufacture more than 50,000 gallons of 18 spirits per year, and shall not be a member of or affiliated 19 with, directly or indirectly, a manufacturer that produces 20 more than 50,000 gallons of spirits per year. A first-class 21 wine-maker holding a class 1 brewer license or a class 1 craft 22 distiller license shall not be eligible for a wine-maker's 23 premises license but shall be permitted to sell wine 24 manufactured at the first-class wine-maker premises to 25 non-licensees. 26 Class 7. A second-class wine-maker's license shall allow HB3107 - 27 - LRB104 10613 RPS 20689 b HB3107- 28 -LRB104 10613 RPS 20689 b HB3107 - 28 - LRB104 10613 RPS 20689 b HB3107 - 28 - LRB104 10613 RPS 20689 b 1 the manufacture of up to 150,000 gallons of wine per year, and 2 the storage and sale of such wine to distributors in this State 3 and to persons without the State, as may be permitted by law. A 4 second-class wine-maker's license shall allow the holder to 5 self-distribute its wines to retailers in accordance with a 6 self-distribution exemption under paragraph (17) of subsection 7 (a) of Section 3-12. A person who, prior to June 1, 2008 (the 8 effective date of Public Act 95-634), is a holder of a 9 second-class wine-maker's license and annually produces more 10 than 25,000 gallons of its own wine and who distributes its 11 wine to licensed retailers shall cease this practice on or 12 before July 1, 2008 in compliance with Public Act 95-634. If a 13 second-class wine-maker manufactures beer, it shall also 14 obtain and shall only be eligible for, in addition to any 15 current license, a class 2 brewer license, shall not 16 manufacture more than 3,720,000 gallons of beer per year, and 17 shall not be a member of or affiliated with, directly or 18 indirectly, a manufacturer that produces more than 3,720,000 19 gallons of beer per year. If a second-class wine-maker 20 manufactures spirits, it shall also obtain and shall only be 21 eligible for, in addition to any current license, a class 2 22 craft distiller license, shall not manufacture more than 23 100,000 gallons of spirits per year, and shall not be a member 24 of or affiliated with, directly or indirectly, a manufacturer 25 that produces more than 100,000 gallons of spirits per year. 26 Class 8. A limited wine-manufacturer may make sales and HB3107 - 28 - LRB104 10613 RPS 20689 b HB3107- 29 -LRB104 10613 RPS 20689 b HB3107 - 29 - LRB104 10613 RPS 20689 b HB3107 - 29 - LRB104 10613 RPS 20689 b 1 deliveries not to exceed 40,000 gallons of wine per year to 2 distributors, and to non-licensees in accordance with the 3 provisions of this Act. 4 Class 9. A craft distiller license, which may only be held 5 by a class 1 craft distiller licensee or class 2 craft 6 distiller licensee but not held by both a class 1 craft 7 distiller licensee and a class 2 craft distiller licensee, 8 shall grant all rights conveyed by either: (i) a class 1 craft 9 distiller license if the craft distiller holds a class 1 craft 10 distiller license; or (ii) a class 2 craft distiller licensee 11 if the craft distiller holds a class 2 craft distiller 12 license. 13 Class 10. A class 1 craft distiller license, which may 14 only be issued to a licensed craft distiller or licensed 15 non-resident dealer, shall allow the manufacture of up to 16 50,000 gallons of spirits per year provided that the class 1 17 craft distiller licensee does not manufacture more than a 18 combined 50,000 gallons of spirits per year and is not a member 19 of or affiliated with, directly or indirectly, a manufacturer 20 that produces more than 50,000 gallons of spirits per year. If 21 a class 1 craft distiller manufactures beer, it shall also 22 obtain and shall only be eligible for, in addition to any 23 current license, a class 1 brewer license, shall not 24 manufacture more than 930,000 gallons of beer per year, and 25 shall not be a member of or affiliated with, directly or 26 indirectly, a manufacturer that produces more than 930,000 HB3107 - 29 - LRB104 10613 RPS 20689 b HB3107- 30 -LRB104 10613 RPS 20689 b HB3107 - 30 - LRB104 10613 RPS 20689 b HB3107 - 30 - LRB104 10613 RPS 20689 b 1 gallons of beer per year. If a class 1 craft distiller 2 manufactures wine, it shall also obtain and shall only be 3 eligible for, in addition to any current license, a 4 first-class wine-manufacturer license or a first-class 5 wine-maker's license, shall not manufacture more than 50,000 6 gallons of wine per year, and shall not be a member of or 7 affiliated with, directly or indirectly, a manufacturer that 8 produces more than 50,000 gallons of wine per year. A class 1 9 craft distiller licensee may make sales and deliveries to 10 importing distributors and distributors and to retail 11 licensees in accordance with the conditions set forth in 12 paragraph (19) of subsection (a) of Section 3-12 of this Act. 13 However, the aggregate amount of spirits sold to non-licensees 14 and sold or delivered to retail licensees may not exceed 5,000 15 gallons per year. 16 A class 1 craft distiller licensee may sell up to 5,000 17 gallons of such spirits to non-licensees to the extent 18 permitted by any exemption approved by the State Commission 19 pursuant to Section 6-4 of this Act. A class 1 craft distiller 20 license holder may store such spirits at a non-contiguous 21 licensed location, but at no time shall a class 1 craft 22 distiller license holder directly or indirectly produce in the 23 aggregate more than 50,000 gallons of spirits per year. 24 A class 1 craft distiller licensee may hold more than one 25 class 1 craft distiller's license. However, a class 1 craft 26 distiller that holds more than one class 1 craft distiller HB3107 - 30 - LRB104 10613 RPS 20689 b HB3107- 31 -LRB104 10613 RPS 20689 b HB3107 - 31 - LRB104 10613 RPS 20689 b HB3107 - 31 - LRB104 10613 RPS 20689 b 1 license shall not manufacture, in the aggregate, more than 2 50,000 gallons of spirits by distillation per year and shall 3 not sell, in the aggregate, more than 5,000 gallons of such 4 spirits to non-licensees in accordance with an exemption 5 approved by the State Commission pursuant to Section 6-4 of 6 this Act. 7 Class 11. A class 2 craft distiller license, which may 8 only be issued to a licensed craft distiller or licensed 9 non-resident dealer, shall allow the manufacture of up to 10 100,000 gallons of spirits per year provided that the class 2 11 craft distiller licensee does not manufacture more than a 12 combined 100,000 gallons of spirits per year and is not a 13 member of or affiliated with, directly or indirectly, a 14 manufacturer that produces more than 100,000 gallons of 15 spirits per year. If a class 2 craft distiller manufactures 16 beer, it shall also obtain and shall only be eligible for, in 17 addition to any current license, a class 2 brewer license, 18 shall not manufacture more than 3,720,000 gallons of beer per 19 year, and shall not be a member of or affiliated with, directly 20 or indirectly, a manufacturer that produces more than 21 3,720,000 gallons of beer per year. If a class 2 craft 22 distiller manufactures wine, it shall also obtain and shall 23 only be eligible for, in addition to any current license, a 24 second-class wine-maker's license, shall not manufacture more 25 than 150,000 gallons of wine per year, and shall not be a 26 member of or affiliated with, directly or indirectly, a HB3107 - 31 - LRB104 10613 RPS 20689 b HB3107- 32 -LRB104 10613 RPS 20689 b HB3107 - 32 - LRB104 10613 RPS 20689 b HB3107 - 32 - LRB104 10613 RPS 20689 b 1 manufacturer that produces more than 150,000 gallons of wine 2 per year. A class 2 craft distiller licensee may make sales and 3 deliveries to importing distributors and distributors, but 4 shall not make sales or deliveries to any other licensee. If 5 the State Commission provides prior approval, a class 2 craft 6 distiller licensee may annually transfer up to 100,000 gallons 7 of spirits manufactured by that class 2 craft distiller 8 licensee to the premises of a licensed class 2 craft distiller 9 wholly owned and operated by the same licensee. A class 2 craft 10 distiller may transfer spirits to a distilling pub wholly 11 owned and operated by the class 2 craft distiller subject to 12 the following limitations and restrictions: (i) the transfer 13 shall not annually exceed more than 5,000 gallons; (ii) the 14 annual amount transferred shall reduce the distilling pub's 15 annual permitted production limit; (iii) all spirits 16 transferred shall be subject to Article VIII of this Act; (iv) 17 a written record shall be maintained by the distiller and 18 distilling pub specifying the amount, date of delivery, and 19 receipt of the product by the distilling pub; and (v) the 20 distilling pub shall be located no farther than 80 miles from 21 the class 2 craft distiller's licensed location. 22 A class 2 craft distiller shall, prior to transferring 23 spirits to a distilling pub wholly owned by the class 2 craft 24 distiller, furnish a written notice to the State Commission of 25 intent to transfer spirits setting forth the name and address 26 of the distilling pub and shall annually submit to the State HB3107 - 32 - LRB104 10613 RPS 20689 b HB3107- 33 -LRB104 10613 RPS 20689 b HB3107 - 33 - LRB104 10613 RPS 20689 b HB3107 - 33 - LRB104 10613 RPS 20689 b 1 Commission a verified report identifying the total gallons of 2 spirits transferred to the distilling pub wholly owned by the 3 class 2 craft distiller. 4 A class 2 craft distiller license holder may store such 5 spirits at a non-contiguous licensed location, but at no time 6 shall a class 2 craft distiller license holder directly or 7 indirectly produce in the aggregate more than 100,000 gallons 8 of spirits per year. 9 Class 12. A class 1 brewer license, which may only be 10 issued to a licensed brewer or licensed non-resident dealer, 11 shall allow the manufacture of up to 930,000 gallons of beer 12 per year provided that the class 1 brewer licensee does not 13 manufacture more than a combined 930,000 gallons of beer per 14 year and is not a member of or affiliated with, directly or 15 indirectly, a manufacturer that produces more than 930,000 16 gallons of beer per year. If a class 1 brewer manufactures 17 spirits, it shall also obtain and shall only be eligible for, 18 in addition to any current license, a class 1 craft distiller 19 license, shall not manufacture more than 50,000 gallons of 20 spirits per year, and shall not be a member of or affiliated 21 with, directly or indirectly, a manufacturer that produces 22 more than 50,000 gallons of spirits per year. If a class 1 23 craft brewer manufactures wine, it shall also obtain and shall 24 only be eligible for, in addition to any current license, a 25 first-class wine-manufacturer license or a first-class 26 wine-maker's license, shall not manufacture more than 50,000 HB3107 - 33 - LRB104 10613 RPS 20689 b HB3107- 34 -LRB104 10613 RPS 20689 b HB3107 - 34 - LRB104 10613 RPS 20689 b HB3107 - 34 - LRB104 10613 RPS 20689 b 1 gallons of wine per year, and shall not be a member of or 2 affiliated with, directly or indirectly, a manufacturer that 3 produces more than 50,000 gallons of wine per year. A class 1 4 brewer licensee may make sales and deliveries to importing 5 distributors and distributors and to retail licensees in 6 accordance with the conditions set forth in paragraph (18) of 7 subsection (a) of Section 3-12 of this Act. If the State 8 Commission provides prior approval, a class 1 brewer may 9 annually transfer up to 930,000 gallons of beer manufactured 10 by that class 1 brewer to the premises of a licensed class 1 11 brewer wholly owned and operated by the same licensee. 12 Class 13. A class 2 brewer license, which may only be 13 issued to a licensed brewer or licensed non-resident dealer, 14 shall allow the manufacture of up to 3,720,000 gallons of beer 15 per year provided that the class 2 brewer licensee does not 16 manufacture more than a combined 3,720,000 gallons of beer per 17 year and is not a member of or affiliated with, directly or 18 indirectly, a manufacturer that produces more than 3,720,000 19 gallons of beer per year. If a class 2 brewer manufactures 20 spirits, it shall also obtain and shall only be eligible for, 21 in addition to any current license, a class 2 craft distiller 22 license, shall not manufacture more than 100,000 gallons of 23 spirits per year, and shall not be a member of or affiliated 24 with, directly or indirectly, a manufacturer that produces 25 more than 100,000 gallons of spirits per year. If a class 2 26 craft distiller manufactures wine, it shall also obtain and HB3107 - 34 - LRB104 10613 RPS 20689 b HB3107- 35 -LRB104 10613 RPS 20689 b HB3107 - 35 - LRB104 10613 RPS 20689 b HB3107 - 35 - LRB104 10613 RPS 20689 b 1 shall only be eligible for, in addition to any current 2 license, a second-class wine-maker's license, shall not 3 manufacture more than 150,000 gallons of wine per year, and 4 shall not be a member of or affiliated with, directly or 5 indirectly, a manufacturer that produces more than 150,000 6 gallons of wine a year. A class 2 brewer licensee may make 7 sales and deliveries to importing distributors and 8 distributors, but shall not make sales or deliveries to any 9 other licensee. If the State Commission provides prior 10 approval, a class 2 brewer licensee may annually transfer up 11 to 3,720,000 gallons of beer manufactured by that class 2 12 brewer licensee to the premises of a licensed class 2 brewer 13 wholly owned and operated by the same licensee. 14 A class 2 brewer may transfer beer to a brew pub wholly 15 owned and operated by the class 2 brewer subject to the 16 following limitations and restrictions: (i) the transfer shall 17 not annually exceed more than 31,000 gallons; (ii) the annual 18 amount transferred shall reduce the brew pub's annual 19 permitted production limit; (iii) all beer transferred shall 20 be subject to Article VIII of this Act; (iv) a written record 21 shall be maintained by the brewer and brew pub specifying the 22 amount, date of delivery, and receipt of the product by the 23 brew pub; and (v) the brew pub shall be located no farther than 24 80 miles from the class 2 brewer's licensed location. 25 A class 2 brewer shall, prior to transferring beer to a 26 brew pub wholly owned by the class 2 brewer, furnish a written HB3107 - 35 - LRB104 10613 RPS 20689 b HB3107- 36 -LRB104 10613 RPS 20689 b HB3107 - 36 - LRB104 10613 RPS 20689 b HB3107 - 36 - LRB104 10613 RPS 20689 b 1 notice to the State Commission of intent to transfer beer 2 setting forth the name and address of the brew pub and shall 3 annually submit to the State Commission a verified report 4 identifying the total gallons of beer transferred to the brew 5 pub wholly owned by the class 2 brewer. 6 Class 14. A class 3 brewer license, which may be issued to 7 a brewer or a non-resident dealer, shall allow the manufacture 8 of no more than 465,000 gallons of beer per year and no more 9 than 155,000 gallons at a single brewery premises, and shall 10 allow the sale of no more than 6,200 gallons of beer from each 11 in-state or out-of-state class 3 brewery premises, or 18,600 12 gallons in the aggregate, to retail licensees, class 1 13 brewers, class 2 brewers, and class 3 brewers as long as the 14 class 3 brewer licensee does not manufacture more than a 15 combined 465,000 gallons of beer per year and is not a member 16 of or affiliated with, directly or indirectly, a manufacturer 17 that produces more than 465,000 gallons of beer per year to 18 make sales to importing distributors, distributors, retail 19 licensees, brewers, class 1 brewers, class 2 brewers, and 20 class 3 brewers in accordance with the conditions set forth in 21 paragraph (20) of subsection (a) of Section 3-12. If the State 22 Commission provides prior approval, a class 3 brewer may 23 annually transfer up to 155,000 gallons of beer manufactured 24 by that class 3 brewer to the premises of a licensed class 3 25 brewer wholly owned and operated by the same licensee. A class 26 3 brewer shall manufacture beer at the brewer's class 3 HB3107 - 36 - LRB104 10613 RPS 20689 b HB3107- 37 -LRB104 10613 RPS 20689 b HB3107 - 37 - LRB104 10613 RPS 20689 b HB3107 - 37 - LRB104 10613 RPS 20689 b 1 designated licensed premises, and may sell beer as otherwise 2 provided in this Act. 3 (a-1) A manufacturer which is licensed in this State to 4 make sales or deliveries of alcoholic liquor to licensed 5 distributors or importing distributors and which enlists 6 agents, representatives, or individuals acting on its behalf 7 who contact licensed retailers on a regular and continual 8 basis in this State must register those agents, 9 representatives, or persons acting on its behalf with the 10 State Commission. 11 Registration of agents, representatives, or persons acting 12 on behalf of a manufacturer is fulfilled by submitting a form 13 to the Commission. The form shall be developed by the 14 Commission and shall include the name and address of the 15 applicant, the name and address of the manufacturer he or she 16 represents, the territory or areas assigned to sell to or 17 discuss pricing terms of alcoholic liquor, and any other 18 questions deemed appropriate and necessary. All statements in 19 the forms required to be made by law or by rule shall be deemed 20 material, and any person who knowingly misstates any material 21 fact under oath in an application is guilty of a Class B 22 misdemeanor. Fraud, misrepresentation, false statements, 23 misleading statements, evasions, or suppression of material 24 facts in the securing of a registration are grounds for 25 suspension or revocation of the registration. The State 26 Commission shall post a list of registered agents on the HB3107 - 37 - LRB104 10613 RPS 20689 b HB3107- 38 -LRB104 10613 RPS 20689 b HB3107 - 38 - LRB104 10613 RPS 20689 b HB3107 - 38 - LRB104 10613 RPS 20689 b 1 Commission's website. 2 (b) A distributor's license shall allow (i) the wholesale 3 purchase and storage of alcoholic liquors and sale of 4 alcoholic liquors to licensees in this State and to persons 5 without the State, as may be permitted by law; (ii) the sale of 6 beer, cider, mead, or any combination thereof to brewers, 7 class 1 brewers, and class 2 brewers that, pursuant to 8 subsection (e) of Section 6-4 of this Act, sell beer, cider, 9 mead, or any combination thereof to non-licensees at their 10 breweries; (iii) the sale of vermouth to class 1 craft 11 distillers and class 2 craft distillers that, pursuant to 12 subsection (e) of Section 6-4 of this Act, sell spirits, 13 vermouth, or both spirits and vermouth to non-licensees at 14 their distilleries; or (iv) as otherwise provided in this Act. 15 No person licensed as a distributor shall be granted a 16 non-resident dealer's license. 17 (c) An importing distributor's license may be issued to 18 and held by those only who are duly licensed distributors, 19 upon the filing of an application by a duly licensed 20 distributor, with the Commission and the Commission shall, 21 without the payment of any fee, immediately issue such 22 importing distributor's license to the applicant, which shall 23 allow the importation of alcoholic liquor by the licensee into 24 this State from any point in the United States outside this 25 State, and the purchase of alcoholic liquor in barrels, casks 26 or other bulk containers and the bottling of such alcoholic HB3107 - 38 - LRB104 10613 RPS 20689 b HB3107- 39 -LRB104 10613 RPS 20689 b HB3107 - 39 - LRB104 10613 RPS 20689 b HB3107 - 39 - LRB104 10613 RPS 20689 b 1 liquors before resale thereof, but all bottles or containers 2 so filled shall be sealed, labeled, stamped and otherwise made 3 to comply with all provisions, rules and regulations governing 4 manufacturers in the preparation and bottling of alcoholic 5 liquors. The importing distributor's license shall permit such 6 licensee to purchase alcoholic liquor from Illinois licensed 7 non-resident dealers and foreign importers only. No person 8 licensed as an importing distributor shall be granted a 9 non-resident dealer's license. 10 (d) A retailer's license shall allow the licensee to sell 11 and offer for sale at retail, only in the premises specified in 12 the license, alcoholic liquor for use or consumption, but not 13 for resale in any form. Except as provided in Section 6-16, 14 6-29, or 6-29.1, nothing in this Act shall deny, limit, 15 remove, or restrict the ability of a holder of a retailer's 16 license to transfer or ship alcoholic liquor to the purchaser 17 for use or consumption subject to any applicable local law or 18 ordinance. For the purposes of this Section, "shipping" means 19 the movement of alcoholic liquor from a licensed retailer to a 20 consumer via a common carrier. Except as provided in Section 21 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, 22 remove, or restrict the ability of a holder of a retailer's 23 license to deliver alcoholic liquor to the purchaser for use 24 or consumption. The delivery shall be made only within 12 25 hours from the time the alcoholic liquor leaves the licensed 26 premises of the retailer for delivery. For the purposes of HB3107 - 39 - LRB104 10613 RPS 20689 b HB3107- 40 -LRB104 10613 RPS 20689 b HB3107 - 40 - LRB104 10613 RPS 20689 b HB3107 - 40 - LRB104 10613 RPS 20689 b 1 this Section, "delivery" means the movement of alcoholic 2 liquor purchased from a licensed retailer to a consumer 3 through the following methods: 4 (1) delivery within licensed retailer's parking lot, 5 including curbside, for pickup by the consumer; 6 (2) delivery by an owner, officer, director, 7 shareholder, or employee of the licensed retailer; or 8 (3) delivery by a third-party contractor, independent 9 contractor, or agent with whom the licensed retailer has 10 contracted to make deliveries of alcoholic liquors. 11 Under subsection (1), (2), or (3), delivery shall not 12 include the use of common carriers. 13 Any retail license issued to a manufacturer shall only 14 permit the manufacturer to sell beer at retail on the premises 15 actually occupied by the manufacturer. For the purpose of 16 further describing the type of business conducted at a retail 17 licensed premises, a retailer's licensee may be designated by 18 the State Commission as (i) an on premise consumption 19 retailer, (ii) an off premise sale retailer, or (iii) a 20 combined on premise consumption and off premise sale retailer. 21 Except for a municipality with a population of more than 22 1,000,000 inhabitants, a home rule unit may not regulate the 23 delivery of alcoholic liquor inconsistent with this 24 subsection. This paragraph is a limitation under subsection 25 (i) of Section 6 of Article VII of the Illinois Constitution on 26 the concurrent exercise by home rule units of powers and HB3107 - 40 - LRB104 10613 RPS 20689 b HB3107- 41 -LRB104 10613 RPS 20689 b HB3107 - 41 - LRB104 10613 RPS 20689 b HB3107 - 41 - LRB104 10613 RPS 20689 b 1 functions exercised by the State. A non-home rule municipality 2 may not regulate the delivery of alcoholic liquor inconsistent 3 with this subsection. 4 Notwithstanding any other provision of this subsection 5 (d), a retail licensee may sell alcoholic liquors to a special 6 event retailer licensee for resale to the extent permitted 7 under subsection (e). 8 (e) A special event retailer's license (not-for-profit) 9 shall permit the licensee to purchase alcoholic liquors from 10 an Illinois licensed distributor (unless the licensee 11 purchases less than $500 of alcoholic liquors for the special 12 event, in which case the licensee may purchase the alcoholic 13 liquors from a licensed retailer) and shall allow the licensee 14 to sell and offer for sale, at retail, alcoholic liquors for 15 use or consumption, but not for resale in any form and only at 16 the location and on the specific dates designated for the 17 special event in the license. An applicant for a special event 18 retailer license must (i) furnish with the application: (A) a 19 resale number issued under Section 2c of the Retailers' 20 Occupation Tax Act or evidence that the applicant is 21 registered under Section 2a of the Retailers' Occupation Tax 22 Act, (B) a current, valid exemption identification number 23 issued under Section 1g of the Retailers' Occupation Tax Act, 24 and a certification to the Commission that the purchase of 25 alcoholic liquors will be a tax-exempt purchase, or (C) a 26 statement that the applicant is not registered under Section HB3107 - 41 - LRB104 10613 RPS 20689 b HB3107- 42 -LRB104 10613 RPS 20689 b HB3107 - 42 - LRB104 10613 RPS 20689 b HB3107 - 42 - LRB104 10613 RPS 20689 b 1 2a of the Retailers' Occupation Tax Act, does not hold a resale 2 number under Section 2c of the Retailers' Occupation Tax Act, 3 and does not hold an exemption number under Section 1g of the 4 Retailers' Occupation Tax Act, in which event the Commission 5 shall set forth on the special event retailer's license a 6 statement to that effect; (ii) submit with the application 7 proof satisfactory to the State Commission that the applicant 8 will provide dram shop liability insurance in the maximum 9 limits; and (iii) show proof satisfactory to the State 10 Commission that the applicant has obtained local authority 11 approval. 12 Nothing in this Act prohibits an Illinois licensed 13 distributor from offering credit or a refund for unused, 14 salable alcoholic liquors to a holder of a special event 15 retailer's license or the special event retailer's licensee 16 from accepting the credit or refund of alcoholic liquors at 17 the conclusion of the event specified in the license. 18 (f) A railroad license shall permit the licensee to import 19 alcoholic liquors into this State from any point in the United 20 States outside this State and to store such alcoholic liquors 21 in this State; to make wholesale purchases of alcoholic 22 liquors directly from manufacturers, foreign importers, 23 distributors and importing distributors from within or outside 24 this State; and to store such alcoholic liquors in this State; 25 provided that the above powers may be exercised only in 26 connection with the importation, purchase or storage of HB3107 - 42 - LRB104 10613 RPS 20689 b HB3107- 43 -LRB104 10613 RPS 20689 b HB3107 - 43 - LRB104 10613 RPS 20689 b HB3107 - 43 - LRB104 10613 RPS 20689 b 1 alcoholic liquors to be sold or dispensed on a club, buffet, 2 lounge or dining car operated on an electric, gas or steam 3 railway in this State; and provided further, that railroad 4 licensees exercising the above powers shall be subject to all 5 provisions of Article VIII of this Act as applied to importing 6 distributors. A railroad license shall also permit the 7 licensee to sell or dispense alcoholic liquors on any club, 8 buffet, lounge or dining car operated on an electric, gas or 9 steam railway regularly operated by a common carrier in this 10 State, but shall not permit the sale for resale of any 11 alcoholic liquors to any licensee within this State. A license 12 shall be obtained for each car in which such sales are made. 13 (g) A boat license shall allow the sale of alcoholic 14 liquor in individual drinks, on any passenger boat regularly 15 operated as a common carrier on navigable waters in this State 16 or on any riverboat operated under the Illinois Gambling Act, 17 which boat or riverboat maintains a public dining room or 18 restaurant thereon. 19 (h) A non-beverage user's license shall allow the licensee 20 to purchase alcoholic liquor from a licensed manufacturer or 21 importing distributor, without the imposition of any tax upon 22 the business of such licensed manufacturer or importing 23 distributor as to such alcoholic liquor to be used by such 24 licensee solely for the non-beverage purposes set forth in 25 subsection (a) of Section 8-1 of this Act, and such licenses 26 shall be divided and classified and shall permit the purchase, HB3107 - 43 - LRB104 10613 RPS 20689 b HB3107- 44 -LRB104 10613 RPS 20689 b HB3107 - 44 - LRB104 10613 RPS 20689 b HB3107 - 44 - LRB104 10613 RPS 20689 b 1 possession and use of limited and stated quantities of 2 alcoholic liquor as follows: 3 Class 1, not to exceed ......................... 500 gallons 4 Class 2, not to exceed ....................... 1,000 gallons 5 Class 3, not to exceed ....................... 5,000 gallons 6 Class 4, not to exceed ...................... 10,000 gallons 7 Class 5, not to exceed ....................... 50,000 gallons 8 (i) A wine-maker's premises license shall allow a licensee 9 that concurrently holds a first-class wine-maker's license to 10 sell and offer for sale at retail in the premises specified in 11 such license not more than 50,000 gallons of the first-class 12 wine-maker's wine that is made at the first-class wine-maker's 13 licensed premises per year for use or consumption, but not for 14 resale in any form. A wine-maker's premises license shall 15 allow a licensee who concurrently holds a second-class 16 wine-maker's license to sell and offer for sale at retail in 17 the premises specified in such license up to 100,000 gallons 18 of the second-class wine-maker's wine that is made at the 19 second-class wine-maker's licensed premises per year for use 20 or consumption but not for resale in any form. A first-class 21 wine-maker that concurrently holds a class 1 brewer license or 22 a class 1 craft distiller license shall not be eligible to hold 23 a wine-maker's premises license. A wine-maker's premises 24 license shall allow a licensee that concurrently holds a 25 first-class wine-maker's license or a second-class 26 wine-maker's license to sell and offer for sale at retail at HB3107 - 44 - LRB104 10613 RPS 20689 b HB3107- 45 -LRB104 10613 RPS 20689 b HB3107 - 45 - LRB104 10613 RPS 20689 b HB3107 - 45 - LRB104 10613 RPS 20689 b 1 the premises specified in the wine-maker's premises license, 2 for use or consumption but not for resale in any form, any 3 beer, wine, and spirits purchased from a licensed distributor. 4 Upon approval from the State Commission, a wine-maker's 5 premises license shall allow the licensee to sell and offer 6 for sale at (i) the wine-maker's licensed premises and (ii) at 7 up to 3 2 additional locations for use and consumption and not 8 for resale. Each location shall require additional licensing 9 per location as specified in Section 5-3 of this Act. A 10 wine-maker's premises licensee shall secure liquor liability 11 insurance coverage in an amount at least equal to the maximum 12 liability amounts set forth in subsection (a) of Section 6-21 13 of this Act. 14 (j) An airplane license shall permit the licensee to 15 import alcoholic liquors into this State from any point in the 16 United States outside this State and to store such alcoholic 17 liquors in this State; to make wholesale purchases of 18 alcoholic liquors directly from manufacturers, foreign 19 importers, distributors and importing distributors from within 20 or outside this State; and to store such alcoholic liquors in 21 this State; provided that the above powers may be exercised 22 only in connection with the importation, purchase or storage 23 of alcoholic liquors to be sold or dispensed on an airplane; 24 and provided further, that airplane licensees exercising the 25 above powers shall be subject to all provisions of Article 26 VIII of this Act as applied to importing distributors. An HB3107 - 45 - LRB104 10613 RPS 20689 b HB3107- 46 -LRB104 10613 RPS 20689 b HB3107 - 46 - LRB104 10613 RPS 20689 b HB3107 - 46 - LRB104 10613 RPS 20689 b 1 airplane licensee shall also permit the sale or dispensing of 2 alcoholic liquors on any passenger airplane regularly operated 3 by a common carrier in this State, but shall not permit the 4 sale for resale of any alcoholic liquors to any licensee 5 within this State. A single airplane license shall be required 6 of an airline company if liquor service is provided on board 7 aircraft in this State. The annual fee for such license shall 8 be as determined in Section 5-3. 9 (k) A foreign importer's license shall permit such 10 licensee to purchase alcoholic liquor from Illinois licensed 11 non-resident dealers only, and to import alcoholic liquor 12 other than in bulk from any point outside the United States and 13 to sell such alcoholic liquor to Illinois licensed importing 14 distributors and to no one else in Illinois; provided that (i) 15 the foreign importer registers with the State Commission every 16 brand of alcoholic liquor that it proposes to sell to Illinois 17 licensees during the license period, (ii) the foreign importer 18 complies with all of the provisions of Section 6-9 of this Act 19 with respect to registration of such Illinois licensees as may 20 be granted the right to sell such brands at wholesale, and 21 (iii) the foreign importer complies with the provisions of 22 Sections 6-5 and 6-6 of this Act to the same extent that these 23 provisions apply to manufacturers. 24 (l) (i) A broker's license shall be required of all 25 persons who solicit orders for, offer to sell or offer to 26 supply alcoholic liquor to retailers in the State of Illinois, HB3107 - 46 - LRB104 10613 RPS 20689 b HB3107- 47 -LRB104 10613 RPS 20689 b HB3107 - 47 - LRB104 10613 RPS 20689 b HB3107 - 47 - LRB104 10613 RPS 20689 b 1 or who offer to retailers to ship or cause to be shipped or to 2 make contact with distillers, craft distillers, rectifiers, 3 brewers or manufacturers or any other party within or without 4 the State of Illinois in order that alcoholic liquors be 5 shipped to a distributor, importing distributor or foreign 6 importer, whether such solicitation or offer is consummated 7 within or without the State of Illinois. 8 No holder of a retailer's license issued by the Illinois 9 Liquor Control Commission shall purchase or receive any 10 alcoholic liquor, the order for which was solicited or offered 11 for sale to such retailer by a broker unless the broker is the 12 holder of a valid broker's license. 13 The broker shall, upon the acceptance by a retailer of the 14 broker's solicitation of an order or offer to sell or supply or 15 deliver or have delivered alcoholic liquors, promptly forward 16 to the Illinois Liquor Control Commission a notification of 17 said transaction in such form as the Commission may by 18 regulations prescribe. 19 (ii) A broker's license shall be required of a person 20 within this State, other than a retail licensee, who, for a fee 21 or commission, promotes, solicits, or accepts orders for 22 alcoholic liquor, for use or consumption and not for resale, 23 to be shipped from this State and delivered to residents 24 outside of this State by an express company, common carrier, 25 or contract carrier. This Section does not apply to any person 26 who promotes, solicits, or accepts orders for wine as HB3107 - 47 - LRB104 10613 RPS 20689 b HB3107- 48 -LRB104 10613 RPS 20689 b HB3107 - 48 - LRB104 10613 RPS 20689 b HB3107 - 48 - LRB104 10613 RPS 20689 b 1 specifically authorized in Section 6-29 of this Act. 2 A broker's license under this subsection (l) shall not 3 entitle the holder to buy or sell any alcoholic liquors for his 4 own account or to take or deliver title to such alcoholic 5 liquors. 6 This subsection (l) shall not apply to distributors, 7 employees of distributors, or employees of a manufacturer who 8 has registered the trademark, brand or name of the alcoholic 9 liquor pursuant to Section 6-9 of this Act, and who regularly 10 sells such alcoholic liquor in the State of Illinois only to 11 its registrants thereunder. 12 Any agent, representative, or person subject to 13 registration pursuant to subsection (a-1) of this Section 14 shall not be eligible to receive a broker's license. 15 (m) A non-resident dealer's license shall permit such 16 licensee to ship into and warehouse alcoholic liquor into this 17 State from any point outside of this State, and to sell such 18 alcoholic liquor to Illinois licensed foreign importers and 19 importing distributors and to no one else in this State; 20 provided that (i) said non-resident dealer shall register with 21 the Illinois Liquor Control Commission each and every brand of 22 alcoholic liquor which it proposes to sell to Illinois 23 licensees during the license period, (ii) it shall comply with 24 all of the provisions of Section 6-9 hereof with respect to 25 registration of such Illinois licensees as may be granted the 26 right to sell such brands at wholesale by duly filing such HB3107 - 48 - LRB104 10613 RPS 20689 b HB3107- 49 -LRB104 10613 RPS 20689 b HB3107 - 49 - LRB104 10613 RPS 20689 b HB3107 - 49 - LRB104 10613 RPS 20689 b 1 registration statement, thereby authorizing the non-resident 2 dealer to proceed to sell such brands at wholesale, and (iii) 3 the non-resident dealer shall comply with the provisions of 4 Sections 6-5 and 6-6 of this Act to the same extent that these 5 provisions apply to manufacturers. No person licensed as a 6 non-resident dealer shall be granted a distributor's or 7 importing distributor's license. 8 (n) A brew pub license shall allow the licensee to only (i) 9 manufacture up to 155,000 gallons of beer per year only on the 10 premises specified in the license, (ii) make sales of the beer 11 manufactured on the premises or, with the approval of the 12 Commission, beer manufactured on another brew pub licensed 13 premises that is wholly owned and operated by the same 14 licensee to importing distributors, distributors, and to 15 non-licensees for use and consumption, (iii) store the beer 16 upon the premises, (iv) sell and offer for sale at retail from 17 the licensed premises for off-premises consumption no more 18 than 155,000 gallons per year so long as such sales are only 19 made in-person, (v) sell and offer for sale at retail for use 20 and consumption on the premises specified in the license any 21 form of alcoholic liquor purchased from a licensed distributor 22 or importing distributor, (vi) with the prior approval of the 23 Commission, annually transfer no more than 155,000 gallons of 24 beer manufactured on the premises to a licensed brew pub 25 wholly owned and operated by the same licensee, and (vii) 26 notwithstanding item (i) of this subsection, brew pubs wholly HB3107 - 49 - LRB104 10613 RPS 20689 b HB3107- 50 -LRB104 10613 RPS 20689 b HB3107 - 50 - LRB104 10613 RPS 20689 b HB3107 - 50 - LRB104 10613 RPS 20689 b 1 owned and operated by the same licensee may combine each 2 location's production limit of 155,000 gallons of beer per 3 year and allocate the aggregate total between the wholly 4 owned, operated, and licensed locations. 5 A brew pub licensee shall not under any circumstance sell 6 or offer for sale beer manufactured by the brew pub licensee to 7 retail licensees. 8 A person who holds a class 2 brewer license may 9 simultaneously hold a brew pub license if the class 2 brewer 10 (i) does not, under any circumstance, sell or offer for sale 11 beer manufactured by the class 2 brewer to retail licensees; 12 (ii) does not hold more than 3 brew pub licenses in this State; 13 (iii) does not manufacture more than a combined 3,720,000 14 gallons of beer per year, including the beer manufactured at 15 the brew pub; and (iv) is not a member of or affiliated with, 16 directly or indirectly, a manufacturer that produces more than 17 3,720,000 gallons of beer per year or any other alcoholic 18 liquor. 19 Notwithstanding any other provision of this Act, a 20 licensed brewer, class 2 brewer, or non-resident dealer who 21 before July 1, 2015 manufactured less than 3,720,000 gallons 22 of beer per year and held a brew pub license on or before July 23 1, 2015 may (i) continue to qualify for and hold that brew pub 24 license for the licensed premises and (ii) manufacture more 25 than 3,720,000 gallons of beer per year and continue to 26 qualify for and hold that brew pub license if that brewer, HB3107 - 50 - LRB104 10613 RPS 20689 b HB3107- 51 -LRB104 10613 RPS 20689 b HB3107 - 51 - LRB104 10613 RPS 20689 b HB3107 - 51 - LRB104 10613 RPS 20689 b 1 class 2 brewer, or non-resident dealer does not simultaneously 2 hold a class 1 brewer license and is not a member of or 3 affiliated with, directly or indirectly, a manufacturer that 4 produces more than 3,720,000 gallons of beer per year or that 5 produces any other alcoholic liquor. 6 A brew pub licensee may apply for a class 3 brewer license 7 and, upon meeting all applicable qualifications of this Act 8 and relinquishing all commonly owned brew pub or retail 9 licenses, shall be issued a class 3 brewer license. Nothing in 10 this Act shall prohibit the issuance of a class 3 brewer 11 license if the applicant: 12 (1) has a valid retail license on or before May 1, 13 2021; 14 (2) has an ownership interest in at least two brew 15 pubs licenses on or before May 1, 2021; 16 (3) the brew pub licensee applies for a class 3 brewer 17 license on or before October 1, 2022 and relinquishes all 18 commonly owned brew pub licenses; and 19 (4) relinquishes all commonly owned retail licenses on 20 or before December 31, 2022. 21 If a brew pub licensee is issued a class 3 brewer license, 22 the class 3 brewer license shall expire on the same date as the 23 existing brew pub license and the State Commission shall not 24 require a class 3 brewer licensee to obtain a brewer license, 25 or in the alternative to pay a fee for a brewer license, until 26 the date the brew pub license of the applicant would have HB3107 - 51 - LRB104 10613 RPS 20689 b HB3107- 52 -LRB104 10613 RPS 20689 b HB3107 - 52 - LRB104 10613 RPS 20689 b HB3107 - 52 - LRB104 10613 RPS 20689 b 1 expired. 2 (o) A caterer retailer license shall allow the holder to 3 serve alcoholic liquors as an incidental part of a food 4 service that serves prepared meals which excludes the serving 5 of snacks as the primary meal, either on or off-site whether 6 licensed or unlicensed. A caterer retailer license shall allow 7 the holder, a distributor, or an importing distributor to 8 transfer any inventory to and from the holder's retail 9 premises and shall allow the holder to purchase alcoholic 10 liquor from a distributor or importing distributor to be 11 delivered directly to an off-site event. 12 Nothing in this Act prohibits a distributor or importing 13 distributor from offering credit or a refund for unused, 14 salable beer to a holder of a caterer retailer license or a 15 caterer retailer licensee from accepting a credit or refund 16 for unused, salable beer, in the event an act of God is the 17 sole reason an off-site event is cancelled and if: (i) the 18 holder of a caterer retailer license has not transferred 19 alcoholic liquor from its caterer retailer premises to an 20 off-site location; (ii) the distributor or importing 21 distributor offers the credit or refund for the unused, 22 salable beer that it delivered to the off-site premises and 23 not for any unused, salable beer that the distributor or 24 importing distributor delivered to the caterer retailer's 25 premises; and (iii) the unused, salable beer would likely 26 spoil if transferred to the caterer retailer's premises. A HB3107 - 52 - LRB104 10613 RPS 20689 b HB3107- 53 -LRB104 10613 RPS 20689 b HB3107 - 53 - LRB104 10613 RPS 20689 b HB3107 - 53 - LRB104 10613 RPS 20689 b 1 caterer retailer license shall allow the holder to transfer 2 any inventory from any off-site location to its caterer 3 retailer premises at the conclusion of an off-site event or 4 engage a distributor or importing distributor to transfer any 5 inventory from any off-site location to its caterer retailer 6 premises at the conclusion of an off-site event, provided that 7 the distributor or importing distributor issues bona fide 8 charges to the caterer retailer licensee for fuel, labor, and 9 delivery and the distributor or importing distributor collects 10 payment from the caterer retailer licensee prior to the 11 distributor or importing distributor transferring inventory to 12 the caterer retailer premises. 13 For purposes of this subsection (o), an "act of God" means 14 an unforeseeable event, such as a rain or snow storm, hail, a 15 flood, or a similar event, that is the sole cause of the 16 cancellation of an off-site, outdoor event. 17 (p) An auction liquor license shall allow the licensee to 18 sell and offer for sale at auction wine and spirits for use or 19 consumption, or for resale by an Illinois liquor licensee in 20 accordance with provisions of this Act. An auction liquor 21 license will be issued to a person and it will permit the 22 auction liquor licensee to hold the auction anywhere in the 23 State. An auction liquor license must be obtained for each 24 auction at least 14 days in advance of the auction date. 25 (q) A special use permit license shall allow an Illinois 26 licensed retailer to transfer a portion of its alcoholic HB3107 - 53 - LRB104 10613 RPS 20689 b HB3107- 54 -LRB104 10613 RPS 20689 b HB3107 - 54 - LRB104 10613 RPS 20689 b HB3107 - 54 - LRB104 10613 RPS 20689 b 1 liquor inventory from its retail licensed premises to the 2 premises specified in the license hereby created; to purchase 3 alcoholic liquor from a distributor or importing distributor 4 to be delivered directly to the location specified in the 5 license hereby created; and to sell or offer for sale at 6 retail, only in the premises specified in the license hereby 7 created, the transferred or delivered alcoholic liquor for use 8 or consumption, but not for resale in any form. A special use 9 permit license may be granted for the following time periods: 10 one day or less; 2 or more days to a maximum of 15 days per 11 location in any 12-month period. An applicant for the special 12 use permit license must also submit with the application proof 13 satisfactory to the State Commission that the applicant will 14 provide dram shop liability insurance to the maximum limits 15 and have local authority approval. 16 A special use permit license shall allow the holder to 17 transfer any inventory from the holder's special use premises 18 to its retail premises at the conclusion of the special use 19 event or engage a distributor or importing distributor to 20 transfer any inventory from the holder's special use premises 21 to its retail premises at the conclusion of an off-site event, 22 provided that the distributor or importing distributor issues 23 bona fide charges to the special use permit licensee for fuel, 24 labor, and delivery and the distributor or importing 25 distributor collects payment from the retail licensee prior to 26 the distributor or importing distributor transferring HB3107 - 54 - LRB104 10613 RPS 20689 b HB3107- 55 -LRB104 10613 RPS 20689 b HB3107 - 55 - LRB104 10613 RPS 20689 b HB3107 - 55 - LRB104 10613 RPS 20689 b 1 inventory to the retail premises. 2 Nothing in this Act prohibits a distributor or importing 3 distributor from offering credit or a refund for unused, 4 salable beer to a special use permit licensee or a special use 5 permit licensee from accepting a credit or refund for unused, 6 salable beer at the conclusion of the event specified in the 7 license if: (i) the holder of the special use permit license 8 has not transferred alcoholic liquor from its retail licensed 9 premises to the premises specified in the special use permit 10 license; (ii) the distributor or importing distributor offers 11 the credit or refund for the unused, salable beer that it 12 delivered to the premises specified in the special use permit 13 license and not for any unused, salable beer that the 14 distributor or importing distributor delivered to the 15 retailer's premises; and (iii) the unused, salable beer would 16 likely spoil if transferred to the retailer premises. 17 (r) A winery shipper's license shall allow a person with a 18 first-class or second-class wine manufacturer's license, a 19 first-class or second-class wine-maker's license, or a limited 20 wine manufacturer's license or who is licensed to make wine 21 under the laws of another state to ship wine made by that 22 licensee directly to a resident of this State who is 21 years 23 of age or older for that resident's personal use and not for 24 resale. Prior to receiving a winery shipper's license, an 25 applicant for the license must provide the Commission with a 26 true copy of its current license in any state in which it is HB3107 - 55 - LRB104 10613 RPS 20689 b HB3107- 56 -LRB104 10613 RPS 20689 b HB3107 - 56 - LRB104 10613 RPS 20689 b HB3107 - 56 - LRB104 10613 RPS 20689 b 1 licensed as a manufacturer of wine. An applicant for a winery 2 shipper's license must also complete an application form that 3 provides any other information the Commission deems necessary. 4 The application form shall include all addresses from which 5 the applicant for a winery shipper's license intends to ship 6 wine, including the name and address of any third party, 7 except for a common carrier, authorized to ship wine on behalf 8 of the manufacturer. The application form shall include an 9 acknowledgement consenting to the jurisdiction of the 10 Commission, the Illinois Department of Revenue, and the courts 11 of this State concerning the enforcement of this Act and any 12 related laws, rules, and regulations, including authorizing 13 the Department of Revenue and the Commission to conduct audits 14 for the purpose of ensuring compliance with Public Act 95-634, 15 and an acknowledgement that the wine manufacturer is in 16 compliance with Section 6-2 of this Act. Any third party, 17 except for a common carrier, authorized to ship wine on behalf 18 of a first-class or second-class wine manufacturer's licensee, 19 a first-class or second-class wine-maker's licensee, a limited 20 wine manufacturer's licensee, or a person who is licensed to 21 make wine under the laws of another state shall also be 22 disclosed by the winery shipper's licensee, and a copy of the 23 written appointment of the third-party wine provider, except 24 for a common carrier, to the wine manufacturer shall be filed 25 with the State Commission as a supplement to the winery 26 shipper's license application or any renewal thereof. The HB3107 - 56 - LRB104 10613 RPS 20689 b HB3107- 57 -LRB104 10613 RPS 20689 b HB3107 - 57 - LRB104 10613 RPS 20689 b HB3107 - 57 - LRB104 10613 RPS 20689 b 1 winery shipper's license holder shall affirm under penalty of 2 perjury, as part of the winery shipper's license application 3 or renewal, that he or she only ships wine, either directly or 4 indirectly through a third-party provider, from the licensee's 5 own production. 6 Except for a common carrier, a third-party provider 7 shipping wine on behalf of a winery shipper's license holder 8 is the agent of the winery shipper's license holder and, as 9 such, a winery shipper's license holder is responsible for the 10 acts and omissions of the third-party provider acting on 11 behalf of the license holder. A third-party provider, except 12 for a common carrier, that engages in shipping wine into 13 Illinois on behalf of a winery shipper's license holder shall 14 consent to the jurisdiction of the State Commission and the 15 State. Any third-party, except for a common carrier, holding 16 such an appointment shall, by February 1 of each calendar year 17 and upon request by the State Commission or the Department of 18 Revenue, file with the State Commission a statement detailing 19 each shipment made to an Illinois resident. The statement 20 shall include the name and address of the third-party provider 21 filing the statement, the time period covered by the 22 statement, and the following information: 23 (1) the name, address, and license number of the 24 winery shipper on whose behalf the shipment was made; 25 (2) the quantity of the products delivered; and 26 (3) the date and address of the shipment. HB3107 - 57 - LRB104 10613 RPS 20689 b HB3107- 58 -LRB104 10613 RPS 20689 b HB3107 - 58 - LRB104 10613 RPS 20689 b HB3107 - 58 - LRB104 10613 RPS 20689 b 1 If the Department of Revenue or the State Commission requests 2 a statement under this paragraph, the third-party provider 3 must provide that statement no later than 30 days after the 4 request is made. Any books, records, supporting papers, and 5 documents containing information and data relating to a 6 statement under this paragraph shall be kept and preserved for 7 a period of 3 years, unless their destruction sooner is 8 authorized, in writing, by the Director of Revenue, and shall 9 be open and available to inspection by the Director of Revenue 10 or the State Commission or any duly authorized officer, agent, 11 or employee of the State Commission or the Department of 12 Revenue, at all times during business hours of the day. Any 13 person who violates any provision of this paragraph or any 14 rule of the State Commission for the administration and 15 enforcement of the provisions of this paragraph is guilty of a 16 Class C misdemeanor. In case of a continuing violation, each 17 day's continuance thereof shall be a separate and distinct 18 offense. 19 The State Commission shall adopt rules as soon as 20 practicable to implement the requirements of Public Act 99-904 21 and shall adopt rules prohibiting any such third-party 22 appointment of a third-party provider, except for a common 23 carrier, that has been deemed by the State Commission to have 24 violated the provisions of this Act with regard to any winery 25 shipper licensee. 26 A winery shipper licensee must pay to the Department of HB3107 - 58 - LRB104 10613 RPS 20689 b HB3107- 59 -LRB104 10613 RPS 20689 b HB3107 - 59 - LRB104 10613 RPS 20689 b HB3107 - 59 - LRB104 10613 RPS 20689 b 1 Revenue the State liquor gallonage tax under Section 8-1 for 2 all wine that is sold by the licensee and shipped to a person 3 in this State. For the purposes of Section 8-1, a winery 4 shipper licensee shall be taxed in the same manner as a 5 manufacturer of wine. A licensee who is not otherwise required 6 to register under the Retailers' Occupation Tax Act must 7 register under the Use Tax Act to collect and remit use tax to 8 the Department of Revenue for all gallons of wine that are sold 9 by the licensee and shipped to persons in this State. If a 10 licensee fails to remit the tax imposed under this Act in 11 accordance with the provisions of Article VIII of this Act, 12 the winery shipper's license shall be revoked in accordance 13 with the provisions of Article VII of this Act. If a licensee 14 fails to properly register and remit tax under the Use Tax Act 15 or the Retailers' Occupation Tax Act for all wine that is sold 16 by the winery shipper and shipped to persons in this State, the 17 winery shipper's license shall be revoked in accordance with 18 the provisions of Article VII of this Act. 19 A winery shipper licensee must collect, maintain, and 20 submit to the Commission on a semi-annual basis the total 21 number of cases per resident of wine shipped to residents of 22 this State. A winery shipper licensed under this subsection 23 (r) must comply with the requirements of Section 6-29 of this 24 Act. 25 Pursuant to paragraph (5.1) or (5.3) of subsection (a) of 26 Section 3-12, the State Commission may receive, respond to, HB3107 - 59 - LRB104 10613 RPS 20689 b HB3107- 60 -LRB104 10613 RPS 20689 b HB3107 - 60 - LRB104 10613 RPS 20689 b HB3107 - 60 - LRB104 10613 RPS 20689 b 1 and investigate any complaint and impose any of the remedies 2 specified in paragraph (1) of subsection (a) of Section 3-12. 3 As used in this subsection, "third-party provider" means 4 any entity that provides fulfillment house services, including 5 warehousing, packaging, distribution, order processing, or 6 shipment of wine, but not the sale of wine, on behalf of a 7 licensed winery shipper. 8 (s) A craft distiller tasting permit license shall allow 9 an Illinois licensed class 1 craft distiller or class 2 craft 10 distiller to transfer a portion of its alcoholic liquor 11 inventory from its class 1 craft distiller or class 2 craft 12 distiller licensed premises to the premises specified in the 13 license hereby created and to conduct a sampling, only in the 14 premises specified in the license hereby created, of the 15 transferred alcoholic liquor in accordance with subsection (c) 16 of Section 6-31 of this Act. The transferred alcoholic liquor 17 may not be sold or resold in any form. An applicant for the 18 craft distiller tasting permit license must also submit with 19 the application proof satisfactory to the State Commission 20 that the applicant will provide dram shop liability insurance 21 to the maximum limits and have local authority approval. 22 (t) A brewer warehouse permit may be issued to the holder 23 of a class 1 brewer license or a class 2 brewer license. If the 24 holder of the permit is a class 1 brewer licensee, the brewer 25 warehouse permit shall allow the holder to store or warehouse 26 up to 930,000 gallons of tax-determined beer manufactured by HB3107 - 60 - LRB104 10613 RPS 20689 b HB3107- 61 -LRB104 10613 RPS 20689 b HB3107 - 61 - LRB104 10613 RPS 20689 b HB3107 - 61 - LRB104 10613 RPS 20689 b 1 the holder of the permit at the premises specified on the 2 permit. If the holder of the permit is a class 2 brewer 3 licensee, the brewer warehouse permit shall allow the holder 4 to store or warehouse up to 3,720,000 gallons of 5 tax-determined beer manufactured by the holder of the permit 6 at the premises specified on the permit. Sales to 7 non-licensees are prohibited at the premises specified in the 8 brewer warehouse permit. 9 (u) A distilling pub license shall allow the licensee to 10 only (i) manufacture up to 5,000 gallons of spirits per year 11 only on the premises specified in the license, (ii) make sales 12 of the spirits manufactured on the premises or, with the 13 approval of the State Commission, spirits manufactured on 14 another distilling pub licensed premises that is wholly owned 15 and operated by the same licensee to importing distributors 16 and distributors and to non-licensees for use and consumption, 17 (iii) store the spirits upon the premises, (iv) sell and offer 18 for sale at retail from the licensed premises for off-premises 19 consumption no more than 5,000 gallons per year so long as such 20 sales are only made in-person, (v) sell and offer for sale at 21 retail for use and consumption on the premises specified in 22 the license any form of alcoholic liquor purchased from a 23 licensed distributor or importing distributor, and (vi) with 24 the prior approval of the State Commission, annually transfer 25 no more than 5,000 gallons of spirits manufactured on the 26 premises to a licensed distilling pub wholly owned and HB3107 - 61 - LRB104 10613 RPS 20689 b HB3107- 62 -LRB104 10613 RPS 20689 b HB3107 - 62 - LRB104 10613 RPS 20689 b HB3107 - 62 - LRB104 10613 RPS 20689 b 1 operated by the same licensee. 2 A distilling pub licensee shall not under any circumstance 3 sell or offer for sale spirits manufactured by the distilling 4 pub licensee to retail licensees. 5 A person who holds a class 2 craft distiller license may 6 simultaneously hold a distilling pub license if the class 2 7 craft distiller (i) does not, under any circumstance, sell or 8 offer for sale spirits manufactured by the class 2 craft 9 distiller to retail licensees; (ii) does not hold more than 3 10 distilling pub licenses in this State; (iii) does not 11 manufacture more than a combined 100,000 gallons of spirits 12 per year, including the spirits manufactured at the distilling 13 pub; and (iv) is not a member of or affiliated with, directly 14 or indirectly, a manufacturer that produces more than 100,000 15 gallons of spirits per year or any other alcoholic liquor. 16 (v) A craft distiller warehouse permit may be issued to 17 the holder of a class 1 craft distiller or class 2 craft 18 distiller license. The craft distiller warehouse permit shall 19 allow the holder to store or warehouse up to 500,000 gallons of 20 spirits manufactured by the holder of the permit at the 21 premises specified on the permit. Sales to non-licensees are 22 prohibited at the premises specified in the craft distiller 23 warehouse permit. 24 (w) A beer showcase permit license shall allow an 25 Illinois-licensed distributor to transfer a portion of its 26 beer inventory from its licensed premises to the premises HB3107 - 62 - LRB104 10613 RPS 20689 b HB3107- 63 -LRB104 10613 RPS 20689 b HB3107 - 63 - LRB104 10613 RPS 20689 b HB3107 - 63 - LRB104 10613 RPS 20689 b 1 specified in the beer showcase permit license, and, in the 2 case of a class 3 brewer, transfer only beer the class 3 brewer 3 manufactures from its licensed premises to the premises 4 specified in the beer showcase permit license; and to sell or 5 offer for sale at retail, only in the premises specified in the 6 beer showcase permit license, the transferred or delivered 7 beer for on or off premise consumption, but not for resale in 8 any form and to sell to non-licensees not more than 96 fluid 9 ounces of beer per person. A beer showcase permit license may 10 be granted for the following time periods: one day or less; or 11 2 or more days to a maximum of 15 days per location in any 12 12-month period. An applicant for a beer showcase permit 13 license must also submit with the application proof 14 satisfactory to the State Commission that the applicant will 15 provide dram shop liability insurance to the maximum limits 16 and have local authority approval. The State Commission shall 17 require the beer showcase applicant to comply with Section 18 6-27.1. 19 (Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; 20 101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. 21 8-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22; 22 102-442, eff. 8-20-21; 102-1142, eff. 2-17-23.) 23 (235 ILCS 5/5-3) (from Ch. 43, par. 118) 24 Sec. 5-3. License fees. Except as otherwise provided 25 herein, at the time application is made to the State HB3107 - 63 - LRB104 10613 RPS 20689 b HB3107- 64 -LRB104 10613 RPS 20689 b HB3107 - 64 - LRB104 10613 RPS 20689 b HB3107 - 64 - LRB104 10613 RPS 20689 b 1 Commission for a license of any class, the applicant shall pay 2 to the State Commission the fee hereinafter provided for the 3 kind of license applied for. 4 The fee for licenses issued by the State Commission shall 5 be as follows: 6OnlineInitial7renewallicense8 or9 non-online10 renewal 6 Online Initial 7 renewal license 8 or 9 non-online 10 renewal 6 Online Initial 7 renewal license 8 or 9 non-online 10 renewal 11 For a manufacturer's license:12 Class 1. Distiller .................$4,000$5,00013 Class 2. Rectifier .................4,000 5,00014 Class 3. Brewer ....................1,200 1,50015 Class 4. First-class Wine 16 Manufacturer ...................75090017 Class 5. Second-class18 Wine Manufacturer ..............1,500 1,75019 Class 6. First-class wine-maker ....750 90020 Class 7. Second-class wine-maker ...1,500 1,75021 Class 8. Limited Wine 22 Manufacturer....................250 350 23 Class 9. Craft Distiller........... 2,000 2,500 24 Class 10. Class 1 Craft Distiller.. 50 75 25 Class 11. Class 2 Craft Distiller.. 75 100 26 Class 12. Class 1 Brewer............50 75 11 For a manufacturer's license: 12 Class 1. Distiller ................. $4,000 $5,000 13 Class 2. Rectifier ................. 4,000 5,000 14 Class 3. Brewer .................... 1,200 1,500 15 Class 4. First-class Wine 16 Manufacturer ................... 750 900 17 Class 5. Second-class 18 Wine Manufacturer .............. 1,500 1,750 19 Class 6. First-class wine-maker .... 750 900 20 Class 7. Second-class wine-maker ... 1,500 1,750 21 Class 8. Limited Wine 22 Manufacturer.................... 250 350 23 Class 9. Craft Distiller........... 2,000 2,500 24 Class 10. Class 1 Craft Distiller.. 50 75 25 Class 11. Class 2 Craft Distiller.. 75 100 26 Class 12. Class 1 Brewer............ 50 75 11 For a manufacturer's license: 12 Class 1. Distiller ................. $4,000 $5,000 13 Class 2. Rectifier ................. 4,000 5,000 14 Class 3. Brewer .................... 1,200 1,500 15 Class 4. First-class Wine 16 Manufacturer ................... 750 900 17 Class 5. Second-class 18 Wine Manufacturer .............. 1,500 1,750 19 Class 6. First-class wine-maker .... 750 900 20 Class 7. Second-class wine-maker ... 1,500 1,750 21 Class 8. Limited Wine 22 Manufacturer.................... 250 350 23 Class 9. Craft Distiller........... 2,000 2,500 24 Class 10. Class 1 Craft Distiller.. 50 75 25 Class 11. Class 2 Craft Distiller.. 75 100 26 Class 12. Class 1 Brewer............ 50 75 HB3107 - 64 - LRB104 10613 RPS 20689 b 6 Online Initial 7 renewal license 8 or 9 non-online 10 renewal 11 For a manufacturer's license: 12 Class 1. Distiller ................. $4,000 $5,000 13 Class 2. Rectifier ................. 4,000 5,000 14 Class 3. Brewer .................... 1,200 1,500 15 Class 4. First-class Wine 16 Manufacturer ................... 750 900 17 Class 5. Second-class 18 Wine Manufacturer .............. 1,500 1,750 19 Class 6. First-class wine-maker .... 750 900 20 Class 7. Second-class wine-maker ... 1,500 1,750 21 Class 8. Limited Wine 22 Manufacturer.................... 250 350 23 Class 9. Craft Distiller........... 2,000 2,500 24 Class 10. Class 1 Craft Distiller.. 50 75 25 Class 11. Class 2 Craft Distiller.. 75 100 26 Class 12. Class 1 Brewer............ 50 75 HB3107- 65 -LRB104 10613 RPS 20689 b HB3107 - 65 - LRB104 10613 RPS 20689 b HB3107 - 65 - LRB104 10613 RPS 20689 b 1 Class 13. Class 2 Brewer........... 75 100 2 Class 14. Class 3 Brewer........... 25 50 3 For a Brew Pub License..............1,2001,5004 For a Distilling Pub License....... 1,200 1,500 5 For a caterer retailer's license....350 5006 For a foreign importer's license ...25 257 For an importing distributor's 8 license.........................25259 For a distributor's license 10 (11,250,000 gallons 11 or over).......................1,4502,20012 For a distributor's license 13 (over 4,500,000 gallons, but14 under 11,250,000 gallons)...... 9501,45015 For a distributor's license16 (4,500,000 gallons or under)....30045017 For a non-resident dealer's license18 (500,000 gallons or over) 19 or with self-distribution 20 privileges .....................1,200 1,50021 For a non-resident dealer's license22 (under 500,000 gallons) ........250 35023 For a wine-maker's premises 24 license ........................25050025 For a winery shipper's license26 (under 250,000 gallons).........200 350 1 Class 13. Class 2 Brewer........... 75 100 2 Class 14. Class 3 Brewer........... 25 50 3 For a Brew Pub License.............. 1,200 1,500 4 For a Distilling Pub License....... 1,200 1,500 5 For a caterer retailer's license.... 350 500 6 For a foreign importer's license ... 25 25 7 For an importing distributor's 8 license......................... 25 25 9 For a distributor's license 10 (11,250,000 gallons 11 or over)....................... 1,450 2,200 12 For a distributor's license 13 (over 4,500,000 gallons, but 14 under 11,250,000 gallons)...... 950 1,450 15 For a distributor's license 16 (4,500,000 gallons or under).... 300 450 17 For a non-resident dealer's license 18 (500,000 gallons or over) 19 or with self-distribution 20 privileges ..................... 1,200 1,500 21 For a non-resident dealer's license 22 (under 500,000 gallons) ........ 250 350 23 For a wine-maker's premises 24 license ........................ 250 500 25 For a winery shipper's license 26 (under 250,000 gallons)......... 200 350 1 Class 13. Class 2 Brewer........... 75 100 2 Class 14. Class 3 Brewer........... 25 50 3 For a Brew Pub License.............. 1,200 1,500 4 For a Distilling Pub License....... 1,200 1,500 5 For a caterer retailer's license.... 350 500 6 For a foreign importer's license ... 25 25 7 For an importing distributor's 8 license......................... 25 25 9 For a distributor's license 10 (11,250,000 gallons 11 or over)....................... 1,450 2,200 12 For a distributor's license 13 (over 4,500,000 gallons, but 14 under 11,250,000 gallons)...... 950 1,450 15 For a distributor's license 16 (4,500,000 gallons or under).... 300 450 17 For a non-resident dealer's license 18 (500,000 gallons or over) 19 or with self-distribution 20 privileges ..................... 1,200 1,500 21 For a non-resident dealer's license 22 (under 500,000 gallons) ........ 250 350 23 For a wine-maker's premises 24 license ........................ 250 500 25 For a winery shipper's license 26 (under 250,000 gallons)......... 200 350 HB3107 - 65 - LRB104 10613 RPS 20689 b 1 Class 13. Class 2 Brewer........... 75 100 2 Class 14. Class 3 Brewer........... 25 50 3 For a Brew Pub License.............. 1,200 1,500 4 For a Distilling Pub License....... 1,200 1,500 5 For a caterer retailer's license.... 350 500 6 For a foreign importer's license ... 25 25 7 For an importing distributor's 8 license......................... 25 25 9 For a distributor's license 10 (11,250,000 gallons 11 or over)....................... 1,450 2,200 12 For a distributor's license 13 (over 4,500,000 gallons, but 14 under 11,250,000 gallons)...... 950 1,450 15 For a distributor's license 16 (4,500,000 gallons or under).... 300 450 17 For a non-resident dealer's license 18 (500,000 gallons or over) 19 or with self-distribution 20 privileges ..................... 1,200 1,500 21 For a non-resident dealer's license 22 (under 500,000 gallons) ........ 250 350 23 For a wine-maker's premises 24 license ........................ 250 500 25 For a winery shipper's license 26 (under 250,000 gallons)......... 200 350 HB3107- 66 -LRB104 10613 RPS 20689 b HB3107 - 66 - LRB104 10613 RPS 20689 b HB3107 - 66 - LRB104 10613 RPS 20689 b 1 For a winery shipper's license 2 (250,000 or over, but 3 under 500,000 gallons)..........7501,0004 For a winery shipper's license 5 (500,000 gallons or over).......1,200 1,5006 For a wine-maker's premises 7 license, second location .......500 1,0008 For a wine-maker's premises 9 license, third location ........5001,00010 For a wine-maker's premises 11 license, fourth location. 500 1,000 12 For a retailer's license ...........600 75013 For a special event retailer's14 license, (not-for-profit) ......25 2515 For a beer showcase permit, 16 one day only .................. 100 150 17 2 days or more ................ 150 250 18 For a special use permit license,19 one day only ...................100 15020 2 days or more .................150 25021 For a railroad license .............100 15022 For a boat license .................500 1,00023 For an airplane license, times the24 licensee's maximum number of 25 aircraft in flight, serving 26 liquor over the State at any 1 For a winery shipper's license 2 (250,000 or over, but 3 under 500,000 gallons).......... 750 1,000 4 For a winery shipper's license 5 (500,000 gallons or over)....... 1,200 1,500 6 For a wine-maker's premises 7 license, second location ....... 500 1,000 8 For a wine-maker's premises 9 license, third location ........ 500 1,000 10 For a wine-maker's premises 11 license, fourth location. 500 1,000 12 For a retailer's license ........... 600 750 13 For a special event retailer's 14 license, (not-for-profit) ...... 25 25 15 For a beer showcase permit, 16 one day only .................. 100 150 17 2 days or more ................ 150 250 18 For a special use permit license, 19 one day only ................... 100 150 20 2 days or more ................. 150 250 21 For a railroad license ............. 100 150 22 For a boat license ................. 500 1,000 23 For an airplane license, times the 24 licensee's maximum number of 25 aircraft in flight, serving 26 liquor over the State at any 1 For a winery shipper's license 2 (250,000 or over, but 3 under 500,000 gallons).......... 750 1,000 4 For a winery shipper's license 5 (500,000 gallons or over)....... 1,200 1,500 6 For a wine-maker's premises 7 license, second location ....... 500 1,000 8 For a wine-maker's premises 9 license, third location ........ 500 1,000 10 For a wine-maker's premises 11 license, fourth location. 500 1,000 12 For a retailer's license ........... 600 750 13 For a special event retailer's 14 license, (not-for-profit) ...... 25 25 15 For a beer showcase permit, 16 one day only .................. 100 150 17 2 days or more ................ 150 250 18 For a special use permit license, 19 one day only ................... 100 150 20 2 days or more ................. 150 250 21 For a railroad license ............. 100 150 22 For a boat license ................. 500 1,000 23 For an airplane license, times the 24 licensee's maximum number of 25 aircraft in flight, serving 26 liquor over the State at any HB3107 - 66 - LRB104 10613 RPS 20689 b 1 For a winery shipper's license 2 (250,000 or over, but 3 under 500,000 gallons).......... 750 1,000 4 For a winery shipper's license 5 (500,000 gallons or over)....... 1,200 1,500 6 For a wine-maker's premises 7 license, second location ....... 500 1,000 8 For a wine-maker's premises 9 license, third location ........ 500 1,000 10 For a wine-maker's premises 11 license, fourth location. 500 1,000 12 For a retailer's license ........... 600 750 13 For a special event retailer's 14 license, (not-for-profit) ...... 25 25 15 For a beer showcase permit, 16 one day only .................. 100 150 17 2 days or more ................ 150 250 18 For a special use permit license, 19 one day only ................... 100 150 20 2 days or more ................. 150 250 21 For a railroad license ............. 100 150 22 For a boat license ................. 500 1,000 23 For an airplane license, times the 24 licensee's maximum number of 25 aircraft in flight, serving 26 liquor over the State at any HB3107- 67 -LRB104 10613 RPS 20689 b HB3107 - 67 - LRB104 10613 RPS 20689 b HB3107 - 67 - LRB104 10613 RPS 20689 b 1 given time, which either 2 originate, terminate, or make 3 an intermediate stop in 4 the State......................1001505 For a non-beverage user's license:6 Class 1 ........................24247 Class 2 ........................60608 Class 3 ........................1201209 Class 4 ........................24024010 Class 5 ........................60060011 For a broker's license .............750 1,00012 For an auction liquor license ......100 15013 For a homebrewer special 14 event permit....................252515 For a craft distiller 16 tasting permit..................25 2517 For a BASSET trainer license....... 300 35018 For a tasting representative 19 license........................20030020 For a brewer warehouse permit...... 252521 For a craft distiller 22 warehouse permit................25 25 1 given time, which either 2 originate, terminate, or make 3 an intermediate stop in 4 the State...................... 100 150 5 For a non-beverage user's license: 6 Class 1 ........................ 24 24 7 Class 2 ........................ 60 60 8 Class 3 ........................ 120 120 9 Class 4 ........................ 240 240 10 Class 5 ........................ 600 600 11 For a broker's license ............. 750 1,000 12 For an auction liquor license ...... 100 150 13 For a homebrewer special 14 event permit.................... 25 25 15 For a craft distiller 16 tasting permit.................. 25 25 17 For a BASSET trainer license....... 300 350 18 For a tasting representative 19 license........................ 200 300 20 For a brewer warehouse permit...... 25 25 21 For a craft distiller 22 warehouse permit................ 25 25 1 given time, which either 2 originate, terminate, or make 3 an intermediate stop in 4 the State...................... 100 150 5 For a non-beverage user's license: 6 Class 1 ........................ 24 24 7 Class 2 ........................ 60 60 8 Class 3 ........................ 120 120 9 Class 4 ........................ 240 240 10 Class 5 ........................ 600 600 11 For a broker's license ............. 750 1,000 12 For an auction liquor license ...... 100 150 13 For a homebrewer special 14 event permit.................... 25 25 15 For a craft distiller 16 tasting permit.................. 25 25 17 For a BASSET trainer license....... 300 350 18 For a tasting representative 19 license........................ 200 300 20 For a brewer warehouse permit...... 25 25 21 For a craft distiller 22 warehouse permit................ 25 25 23 Fees collected under this Section shall be paid into the 24 Dram Shop Fund. The State Commission shall waive license 25 renewal fees for those retailers' licenses that are designated 26 as "1A" by the State Commission and expire on or after July 1, HB3107 - 67 - LRB104 10613 RPS 20689 b 1 given time, which either 2 originate, terminate, or make 3 an intermediate stop in 4 the State...................... 100 150 5 For a non-beverage user's license: 6 Class 1 ........................ 24 24 7 Class 2 ........................ 60 60 8 Class 3 ........................ 120 120 9 Class 4 ........................ 240 240 10 Class 5 ........................ 600 600 11 For a broker's license ............. 750 1,000 12 For an auction liquor license ...... 100 150 13 For a homebrewer special 14 event permit.................... 25 25 15 For a craft distiller 16 tasting permit.................. 25 25 17 For a BASSET trainer license....... 300 350 18 For a tasting representative 19 license........................ 200 300 20 For a brewer warehouse permit...... 25 25 21 For a craft distiller 22 warehouse permit................ 25 25 HB3107- 68 -LRB104 10613 RPS 20689 b HB3107 - 68 - LRB104 10613 RPS 20689 b HB3107 - 68 - LRB104 10613 RPS 20689 b HB3107 - 68 - LRB104 10613 RPS 20689 b