Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0207 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0207 Introduced 1/22/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 235 ILCS 5/6-4 from Ch. 43, par. 121235 ILCS 5/6-5 from Ch. 43, par. 122 Amends the Liquor Control Act of 1934. Provides that an immediate family member of a retail licensee may be issued a wine manufacturer's license if the family member is not named on the retail license and does not have any ownership or other interest in that family member's licensed business. Provides that an individual shall not be deemed to have an ownership or other interest in the licensed business of a spouse if each spouse's ownership is independent and each spouse does not exercise control over or have a financial interest in the other's operations in a manner inconsistent with this Act. Provides that a holder of a wine manufacturer license and a holder of a retail license who are married shall not be deemed to be accepting, receiving, borrowing, or exchanging anything of value solely based on their marital status so long as (i) each spouse independently operates his or her licensed business separately in compliance with the 3-tier regulatory system, (ii) each spouse's ownership is independent, and (iii) neither spouse exercises control or has a financial interest over the other's operations in a manner inconsistent with the Act or the 3-tier regulatory system. Effective immediately. LRB104 03204 RPS 13225 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0207 Introduced 1/22/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 235 ILCS 5/6-4 from Ch. 43, par. 121235 ILCS 5/6-5 from Ch. 43, par. 122 235 ILCS 5/6-4 from Ch. 43, par. 121 235 ILCS 5/6-5 from Ch. 43, par. 122 Amends the Liquor Control Act of 1934. Provides that an immediate family member of a retail licensee may be issued a wine manufacturer's license if the family member is not named on the retail license and does not have any ownership or other interest in that family member's licensed business. Provides that an individual shall not be deemed to have an ownership or other interest in the licensed business of a spouse if each spouse's ownership is independent and each spouse does not exercise control over or have a financial interest in the other's operations in a manner inconsistent with this Act. Provides that a holder of a wine manufacturer license and a holder of a retail license who are married shall not be deemed to be accepting, receiving, borrowing, or exchanging anything of value solely based on their marital status so long as (i) each spouse independently operates his or her licensed business separately in compliance with the 3-tier regulatory system, (ii) each spouse's ownership is independent, and (iii) neither spouse exercises control or has a financial interest over the other's operations in a manner inconsistent with the Act or the 3-tier regulatory system. Effective immediately. LRB104 03204 RPS 13225 b LRB104 03204 RPS 13225 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0207 Introduced 1/22/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
3	3	235 ILCS 5/6-4 from Ch. 43, par. 121235 ILCS 5/6-5 from Ch. 43, par. 122 235 ILCS 5/6-4 from Ch. 43, par. 121 235 ILCS 5/6-5 from Ch. 43, par. 122
4	4	235 ILCS 5/6-4 from Ch. 43, par. 121
5	5	235 ILCS 5/6-5 from Ch. 43, par. 122
6	6	Amends the Liquor Control Act of 1934. Provides that an immediate family member of a retail licensee may be issued a wine manufacturer's license if the family member is not named on the retail license and does not have any ownership or other interest in that family member's licensed business. Provides that an individual shall not be deemed to have an ownership or other interest in the licensed business of a spouse if each spouse's ownership is independent and each spouse does not exercise control over or have a financial interest in the other's operations in a manner inconsistent with this Act. Provides that a holder of a wine manufacturer license and a holder of a retail license who are married shall not be deemed to be accepting, receiving, borrowing, or exchanging anything of value solely based on their marital status so long as (i) each spouse independently operates his or her licensed business separately in compliance with the 3-tier regulatory system, (ii) each spouse's ownership is independent, and (iii) neither spouse exercises control or has a financial interest over the other's operations in a manner inconsistent with the Act or the 3-tier regulatory system. Effective immediately.
7	7	LRB104 03204 RPS 13225 b LRB104 03204 RPS 13225 b
8	8	LRB104 03204 RPS 13225 b
9	9	A BILL FOR
10	10	SB0207LRB104 03204 RPS 13225 b SB0207 LRB104 03204 RPS 13225 b
11	11	SB0207 LRB104 03204 RPS 13225 b
12	12	1 AN ACT concerning liquor.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Liquor Control Act of 1934 is amended by
16	16	5 changing Sections 6-4 and 6-5 as follows:
17	17	6 (235 ILCS 5/6-4) (from Ch. 43, par. 121)
18	18	7 Sec. 6-4. (a) No person licensed by any licensing
19	19	8 authority as a distiller, or a wine manufacturer, or any
20	20	9 subsidiary or affiliate thereof, or any officer, associate,
21	21	10 member, partner, representative, employee, agent or
22	22	11 shareholder owning more than 5% of the outstanding shares of
23	23	12 such person shall be issued an importing distributor's or
24	24	13 distributor's license, nor shall any person licensed by any
25	25	14 licensing authority as an importing distributor, distributor
26	26	15 or retailer, or any subsidiary or affiliate thereof, or any
27	27	16 officer or associate, member, partner, representative,
28	28	17 employee, agent or shareholder owning more than 5% of the
29	29	18 outstanding shares of such person be issued a distiller's
30	30	19 license, a craft distiller's license, or a wine manufacturer's
31	31	20 license; and no person or persons licensed as a distiller,
32	32	21 craft distiller, class 1 craft distiller, or class 2 craft
33	33	22 distiller by any licensing authority shall have any interest,
34	34	23 directly or indirectly, with such distributor or importing
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0207 Introduced 1/22/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
39	39	235 ILCS 5/6-4 from Ch. 43, par. 121235 ILCS 5/6-5 from Ch. 43, par. 122 235 ILCS 5/6-4 from Ch. 43, par. 121 235 ILCS 5/6-5 from Ch. 43, par. 122
40	40	235 ILCS 5/6-4 from Ch. 43, par. 121
41	41	235 ILCS 5/6-5 from Ch. 43, par. 122
42	42	Amends the Liquor Control Act of 1934. Provides that an immediate family member of a retail licensee may be issued a wine manufacturer's license if the family member is not named on the retail license and does not have any ownership or other interest in that family member's licensed business. Provides that an individual shall not be deemed to have an ownership or other interest in the licensed business of a spouse if each spouse's ownership is independent and each spouse does not exercise control over or have a financial interest in the other's operations in a manner inconsistent with this Act. Provides that a holder of a wine manufacturer license and a holder of a retail license who are married shall not be deemed to be accepting, receiving, borrowing, or exchanging anything of value solely based on their marital status so long as (i) each spouse independently operates his or her licensed business separately in compliance with the 3-tier regulatory system, (ii) each spouse's ownership is independent, and (iii) neither spouse exercises control or has a financial interest over the other's operations in a manner inconsistent with the Act or the 3-tier regulatory system. Effective immediately.
43	43	LRB104 03204 RPS 13225 b LRB104 03204 RPS 13225 b
44	44	LRB104 03204 RPS 13225 b
45	45	A BILL FOR
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51	51	235 ILCS 5/6-4 from Ch. 43, par. 121
52	52	235 ILCS 5/6-5 from Ch. 43, par. 122
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71	71	1 distributor. However, an immediate family member of a retail
72	72	2 licensee may be issued a wine manufacturer's license if the
73	73	3 family member is not named on the retail license and does not
74	74	4 have any ownership or other interest in that other family
75	75	5 member's business for which the wine manufacturer license was
76	76	6 issued. An individual shall not be deemed to have an ownership
77	77	7 or other interest in the licensed business of a spouse if each
78	78	8 spouse's ownership is independent and each spouse does not
79	79	9 exercise control over or have a financial interest in the
80	80	10 other's operations in a manner inconsistent with this Act.
81	81	11 However, an importing distributor or distributor, which on
82	82	12 January 1, 1985 is owned by a brewer, or any subsidiary or
83	83	13 affiliate thereof or any officer, associate, member, partner,
84	84	14 representative, employee, agent or shareholder owning more
85	85	15 than 5% of the outstanding shares of the importing distributor
86	86	16 or distributor referred to in this paragraph, may own or
87	87	17 acquire an ownership interest of more than 5% of the
88	88	18 outstanding shares of a wine manufacturer and be issued a wine
89	89	19 manufacturer's license by any licensing authority.
90	90	20 (b) The foregoing provisions shall not apply to any person
91	91	21 licensed by any licensing authority as a distiller or wine
92	92	22 manufacturer, or to any subsidiary or affiliate of any
93	93	23 distiller or wine manufacturer who shall have been heretofore
94	94	24 licensed by the State Commission as either an importing
95	95	25 distributor or distributor during the annual licensing period
96	96	26 expiring June 30, 1947, and shall actually have made sales
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107	107	1 regularly to retailers.
108	108	2 (c) Provided, however, that in such instances where a
109	109	3 distributor's or importing distributor's license has been
110	110	4 issued to any distiller or wine manufacturer or to any
111	111	5 subsidiary or affiliate of any distiller or wine manufacturer
112	112	6 who has, during the licensing period ending June 30, 1947,
113	113	7 sold or distributed as such licensed distributor or importing
114	114	8 distributor alcoholic liquors and wines to retailers, such
115	115	9 distiller or wine manufacturer or any subsidiary or affiliate
116	116	10 of any distiller or wine manufacturer holding such
117	117	11 distributor's or importing distributor's license may continue
118	118	12 to sell or distribute to retailers such alcoholic liquors and
119	119	13 wines which are manufactured, distilled, processed or marketed
120	120	14 by distillers and wine manufacturers whose products it sold or
121	121	15 distributed to retailers during the whole or any part of its
122	122	16 licensing periods; and such additional brands and additional
123	123	17 products may be added to the line of such distributor or
124	124	18 importing distributor, provided, that such brands and such
125	125	19 products were not sold or distributed by any distributor or
126	126	20 importing distributor licensed by the State Commission during
127	127	21 the licensing period ending June 30, 1947, but can not sell or
128	128	22 distribute to retailers any other alcoholic liquors or wines.
129	129	23 (d) It shall be unlawful for any distiller licensed
130	130	24 anywhere to have any stock ownership or interest in any
131	131	25 distributor's or importing distributor's license wherein any
132	132	26 other person has an interest therein who is not a distiller and
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143	143	1 does not own more than 5% of any stock in any distillery.
144	144	2 Nothing herein contained shall apply to such distillers or
145	145	3 their subsidiaries or affiliates, who had a distributor's or
146	146	4 importing distributor's license during the licensing period
147	147	5 ending June 30, 1947, which license was owned in whole by such
148	148	6 distiller, or subsidiaries or affiliates of such distiller.
149	149	7 (e) Any person licensed as a brewer, class 1 brewer, or
150	150	8 class 2 brewer shall be permitted to sell on the licensed
151	151	9 premises to non-licensees for on or off-premises consumption
152	152	10 for the premises in which he or she actually conducts such
153	153	11 business: (i) beer manufactured by the brewer, class 1 brewer,
154	154	12 class 2 brewer, or class 3 brewer; (ii) beer manufactured by
155	155	13 any other brewer, class 1 brewer, class 2 brewer, or class 3
156	156	14 brewer; and (iii) cider or mead. Any person licensed as a class
157	157	15 3 brewer shall be permitted to sell on the licensed premises to
158	158	16 non-licensees for on or off premises consumption for the
159	159	17 premises in which he or she actually conducts such business:
160	160	18 (i) beer manufactured by the class 3 brewer on the premises;
161	161	19 (ii) beer manufactured by any other brewer, class 1 brewer,
162	162	20 class 2 brewer, or class 3 brewer; and (iii) cider, wine, and
163	163	21 spirits. All products sold under this subsection that are not
164	164	22 manufactured on premises must be purchased through a licensed
165	165	23 distributor, importing distributor, or manufacturer with
166	166	24 self-distribution privileges. Such sales shall be limited to
167	167	25 on-premises, in-person sales only, for lawful consumption on
168	168	26 or off premises. Such authorization shall be considered a
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179	179	1 privilege granted by the brewer license and, other than a
180	180	2 manufacturer of beer as stated above, no manufacturer or
181	181	3 distributor or importing distributor, excluding airplane
182	182	4 licensees exercising powers provided in paragraph (i) of
183	183	5 Section 5-1 of this Act, or any subsidiary or affiliate
184	184	6 thereof, or any officer, associate, member, partner,
185	185	7 representative, employee or agent, or shareholder shall be
186	186	8 issued a retailer's license, nor shall any person having a
187	187	9 retailer's license, excluding airplane licensees exercising
188	188	10 powers provided in paragraph (i) of Section 5-1 of this Act, or
189	189	11 any subsidiary or affiliate thereof, or any officer,
190	190	12 associate, member, partner, representative or agent, or
191	191	13 shareholder be issued a manufacturer's license or importing
192	192	14 distributor's license.
193	193	15 A manufacturer of beer that imports or transfers beer into
194	194	16 this State must comply with Sections 6-8 and 8-1 of this Act.
195	195	17 A person who holds a class 2 brewer license and is
196	196	18 authorized by this Section to sell beer to non-licensees shall
197	197	19 not sell beer to non-licensees from more than 3 total brewer or
198	198	20 commonly owned brew pub licensed locations in this State. The
199	199	21 class 2 brewer shall designate to the State Commission the
200	200	22 brewer or brew pub locations from which it will sell beer to
201	201	23 non-licensees.
202	202	24 A person licensed as a class 1 craft distiller or a class 2
203	203	25 craft distiller, including a person who holds more than one
204	204	26 class 1 craft distiller or class 2 craft distiller license,
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215	215	1 not affiliated with any other person manufacturing spirits may
216	216	2 be authorized by the State Commission to sell (1) up to 5,000
217	217	3 gallons of spirits produced by the person to non-licensees for
218	218	4 on or off-premises consumption for the premises in which he or
219	219	5 she actually conducts business permitting only the retail sale
220	220	6 of spirits manufactured at such premises and (2) vermouth
221	221	7 purchased through a licensed distributor for on-premises
222	222	8 consumption. Such sales shall be limited to on-premises,
223	223	9 in-person sales only, for lawful consumption on or off
224	224	10 premises, and such authorization shall be considered a
225	225	11 privilege granted by the class 1 craft distiller or class 2
226	226	12 craft distiller license. A class 1 craft distiller or class 2
227	227	13 craft distiller licensed for retail sale shall secure liquor
228	228	14 liability insurance coverage in an amount at least equal to
229	229	15 the maximum liability amounts set forth in subsection (a) of
230	230	16 Section 6-21 of this Act.
231	231	17 A class 1 craft distiller or class 2 craft distiller
232	232	18 license holder shall not deliver any alcoholic liquor to any
233	233	19 non-licensee off the licensed premises. A class 1 craft
234	234	20 distiller or class 2 craft distiller shall affirm in its
235	235	21 annual license application that it does not produce more than
236	236	22 50,000 or 100,000 gallons of distilled spirits annually,
237	237	23 whichever is applicable, and that the craft distiller does not
238	238	24 sell more than 5,000 gallons of spirits to non-licensees for
239	239	25 on or off-premises consumption. In the application, which
240	240	26 shall be sworn under penalty of perjury, the class 1 craft
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251	251	1 distiller or class 2 craft distiller shall state the volume of
252	252	2 production and sales for each year since the class 1 craft
253	253	3 distiller's or class 2 craft distiller's establishment.
254	254	4 A person who holds a class 1 craft distiller or class 2
255	255	5 craft distiller license and is authorized by this Section to
256	256	6 sell spirits to non-licensees shall not sell spirits to
257	257	7 non-licensees from more than 3 total distillery or commonly
258	258	8 owned distilling pub licensed locations in this State. The
259	259	9 class 1 craft distiller or class 2 craft distiller shall
260	260	10 designate to the State Commission the distillery or distilling
261	261	11 pub locations from which it will sell spirits to
262	262	12 non-licensees.
263	263	13 (f) (Blank).
264	264	14 (g) Notwithstanding any of the foregoing prohibitions, a
265	265	15 limited wine manufacturer may sell at retail at its
266	266	16 manufacturing site for on or off premises consumption and may
267	267	17 sell to distributors. A limited wine manufacturer licensee
268	268	18 shall secure liquor liability insurance coverage in an amount
269	269	19 at least equal to the maximum liability amounts set forth in
270	270	20 subsection (a) of Section 6-21 of this Act.
271	271	21 (h) The changes made to this Section by Public Act 99-47
272	272	22 shall not diminish or impair the rights of any person, whether
273	273	23 a distiller, wine manufacturer, agent, or affiliate thereof,
274	274	24 who requested in writing and submitted documentation to the
275	275	25 State Commission on or before February 18, 2015 to be approved
276	276	26 for a retail license pursuant to what has heretofore been
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287	287	1 subsection (f); provided that, on or before that date, the
288	288	2 State Commission considered the intent of that person to apply
289	289	3 for the retail license under that subsection and, by recorded
290	290	4 vote, the State Commission approved a resolution indicating
291	291	5 that such a license application could be lawfully approved
292	292	6 upon that person duly filing a formal application for a retail
293	293	7 license and if that person, within 90 days of the State
294	294	8 Commission appearance and recorded vote, first filed an
295	295	9 application with the appropriate local commission, which
296	296	10 application was subsequently approved by the appropriate local
297	297	11 commission prior to consideration by the State Commission of
298	298	12 that person's application for a retail license. It is further
299	299	13 provided that the State Commission may approve the person's
300	300	14 application for a retail license or renewals of such license
301	301	15 if such person continues to diligently adhere to all
302	302	16 representations made in writing to the State Commission on or
303	303	17 before February 18, 2015, or thereafter, or in the affidavit
304	304	18 filed by that person with the State Commission to support the
305	305	19 issuance of a retail license and to abide by all applicable
306	306	20 laws and duly adopted rules.
307	307	21 (i) Notwithstanding any other provision of this Act, the
308	308	22 common ownership of a brewery, winery, or a distillery shall
309	309	23 not authorize the grant of and aggregation of retail
310	310	24 privileges granted to any person or licensees in subsection
311	311	25 (e). Any person or licensee with common ownership in a
312	312	26 brewery, winery, or a distillery shall be limited to the
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323	323	1 retail privileges granted to only one of the commonly owned
324	324	2 brewery, winery, or distillery. The State Commission is hereby
325	325	3 authorized to restrict the locations of any commonly owned
326	326	4 brewery, winery, or distillery to prevent the expansion of
327	327	5 retail privileges, including, without limitation, restricting
328	328	6 a commonly owned brewery, winery, or distillery from operating
329	329	7 in adjacent licensed premises or restricting self-distribution
330	330	8 privileges.
331	331	9 (Source: P.A. 101-81, eff. 7-12-19; 101-482, eff. 8-23-19;
332	332	10 101-615, eff. 12-20-19; 102-442, eff. 8-20-21.)
333	333	11 (235 ILCS 5/6-5) (from Ch. 43, par. 122)
334	334	12 Sec. 6-5. Except as otherwise provided in this Section, it
335	335	13 is unlawful for any person having a retailer's license or any
336	336	14 officer, associate, member, representative or agent of such
337	337	15 licensee to accept, receive or borrow money, or anything else
338	338	16 of value, or accept or receive credit (other than
339	339	17 merchandising credit in the ordinary course of business for a
340	340	18 period not to exceed 30 days) directly or indirectly from any
341	341	19 manufacturer, importing distributor or distributor of
342	342	20 alcoholic liquor, or from any person connected with or in any
343	343	21 way representing, or from any member of the family of, such
344	344	22 manufacturer, importing distributor, distributor or
345	345	23 wholesaler, or from any stockholders in any corporation
346	346	24 engaged in manufacturing, distributing or wholesaling of such
347	347	25 liquor, or from any officer, manager, agent or representative
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358	358	1 of said manufacturer. Except as provided below, it is unlawful
359	359	2 for any manufacturer or distributor or importing distributor
360	360	3 to give or lend money or anything of value, or otherwise loan
361	361	4 or extend credit (except such merchandising credit) directly
362	362	5 or indirectly to any retail licensee or to the manager,
363	363	6 representative, agent, officer or director of such licensee. A
364	364	7 manufacturer, distributor or importing distributor may furnish
365	365	8 free advertising, posters, signs, brochures, hand-outs, or
366	366	9 other promotional devices or materials to any unit of
367	367	10 government owning or operating any auditorium, exhibition
368	368	11 hall, recreation facility or other similar facility holding a
369	369	12 retailer's license, provided that the primary purpose of such
370	370	13 promotional devices or materials is to promote public events
371	371	14 being held at such facility. For the purposes of this Section,
372	372	15 a holder of a wine manufacturer license and a holder of a
373	373	16 retail license who are married shall not be deemed to be
374	374	17 accepting, receiving, borrowing, or exchanging anything of
375	375	18 value solely based on his or her marital status so long as (i)
376	376	19 each spouse independently operates his or her licensed
377	377	20 business separately in compliance with the 3-tier regulatory
378	378	21 system, (ii) each spouse's ownership is independent, and (iii)
379	379	22 neither spouse exercises control over or has a financial
380	380	23 interest in the other's operations in a manner inconsistent
381	381	24 with this Act or the 3-tier regulatory system. A unit of
382	382	25 government owning or operating such a facility holding a
383	383	26 retailer's license may accept such promotional devices or
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394	394	1 materials designed primarily to promote public events held at
395	395	2 the facility. No retail licensee delinquent beyond the 30 day
396	396	3 period specified in this Section shall solicit, accept or
397	397	4 receive credit, purchase or acquire alcoholic liquors,
398	398	5 directly or indirectly from any other licensee, and no
399	399	6 manufacturer, distributor or importing distributor shall
400	400	7 knowingly grant or extend credit, sell, furnish or supply
401	401	8 alcoholic liquors to any such delinquent retail licensee;
402	402	9 provided that the purchase price of all beer sold to a retail
403	403	10 licensee shall be paid by the retail licensee in cash on or
404	404	11 before delivery of the beer, and unless the purchase price
405	405	12 payable by a retail licensee for beer sold to him in returnable
406	406	13 bottles shall expressly include a charge for the bottles and
407	407	14 cases, the retail licensee shall, on or before delivery of
408	408	15 such beer, pay the seller in cash a deposit in an amount not
409	409	16 less than the deposit required to be paid by the distributor to
410	410	17 the brewer; but where the brewer sells direct to the retailer,
411	411	18 the deposit shall be an amount no less than that required by
412	412	19 the brewer from his own distributors; and provided further,
413	413	20 that in no instance shall this deposit be less than 50 cents
414	414	21 for each case of beer in pint or smaller bottles and 60 cents
415	415	22 for each case of beer in quart or half-gallon bottles; and
416	416	23 provided further, that the purchase price of all beer sold to
417	417	24 an importing distributor or distributor shall be paid by such
418	418	25 importing distributor or distributor in cash on or before the
419	419	26 15th day (Sundays and holidays excepted) after delivery of
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430	430	1 such beer to such purchaser; and unless the purchase price
431	431	2 payable by such importing distributor or distributor for beer
432	432	3 sold in returnable bottles and cases shall expressly include a
433	433	4 charge for the bottles and cases, such importing distributor
434	434	5 or distributor shall, on or before the 15th day (Sundays and
435	435	6 holidays excepted) after delivery of such beer to such
436	436	7 purchaser, pay the seller in cash a required amount as a
437	437	8 deposit to assure the return of such bottles and cases.
438	438	9 Nothing herein contained shall prohibit any licensee from
439	439	10 crediting or refunding to a purchaser the actual amount of
440	440	11 money paid for bottles, cases, kegs or barrels returned by the
441	441	12 purchaser to the seller or paid by the purchaser as a deposit
442	442	13 on bottles, cases, kegs or barrels, when such containers or
443	443	14 packages are returned to the seller. Nothing herein contained
444	444	15 shall prohibit any manufacturer, importing distributor or
445	445	16 distributor from extending usual and customary credit for
446	446	17 alcoholic liquor sold to customers or purchasers who live in
447	447	18 or maintain places of business outside of this State when such
448	448	19 alcoholic liquor is actually transported and delivered to such
449	449	20 points outside of this State.
450	450	21 A manufacturer, distributor, or importing distributor may
451	451	22 furnish free social media advertising to a retail licensee if
452	452	23 the social media advertisement does not contain the retail
453	453	24 price of any alcoholic liquor and the social media
454	454	25 advertisement complies with any applicable rules or
455	455	26 regulations issued by the Alcohol and Tobacco Tax and Trade
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466	466	1 Bureau of the United States Department of the Treasury. A
467	467	2 manufacturer, distributor, or importing distributor may list
468	468	3 the names of one or more unaffiliated retailers in the
469	469	4 advertisement of alcoholic liquor through social media.
470	470	5 Nothing in this Section shall prohibit a retailer from
471	471	6 communicating with a manufacturer, distributor, or importing
472	472	7 distributor on social media or sharing media on the social
473	473	8 media of a manufacturer, distributor, or importing
474	474	9 distributor. A retailer may request free social media
475	475	10 advertising from a manufacturer, distributor, or importing
476	476	11 distributor. Nothing in this Section shall prohibit a
477	477	12 manufacturer, distributor, or importing distributor from
478	478	13 sharing, reposting, or otherwise forwarding a social media
479	479	14 post by a retail licensee, so long as the sharing, reposting,
480	480	15 or forwarding of the social media post does not contain the
481	481	16 retail price of any alcoholic liquor. No manufacturer,
482	482	17 distributor, or importing distributor shall pay or reimburse a
483	483	18 retailer, directly or indirectly, for any social media
484	484	19 advertising services, except as specifically permitted in this
485	485	20 Act. No retailer shall accept any payment or reimbursement,
486	486	21 directly or indirectly, for any social media advertising
487	487	22 services offered by a manufacturer, distributor, or importing
488	488	23 distributor, except as specifically permitted in this Act. For
489	489	24 the purposes of this Section, "social media" means a service,
490	490	25 platform, or site where users communicate with one another and
491	491	26 share media, such as pictures, videos, music, and blogs, with
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502	502	1 other users free of charge.
503	503	2 No right of action shall exist for the collection of any
504	504	3 claim based upon credit extended to a distributor, importing
505	505	4 distributor or retail licensee contrary to the provisions of
506	506	5 this Section.
507	507	6 Every manufacturer, importing distributor and distributor
508	508	7 shall submit or cause to be submitted, to the State
509	509	8 Commission, not later than Thursday of each calendar week, a
510	510	9 verified written list of the names and respective addresses of
511	511	10 each retail licensee purchasing spirits or wine from such
512	512	11 manufacturer, importing distributor or distributor who, on the
513	513	12 first business day of that calendar week, was delinquent
514	514	13 beyond the above mentioned permissible merchandising credit
515	515	14 period of 30 days; or, if such is the fact, a verified written
516	516	15 statement that no retail licensee purchasing spirits or wine
517	517	16 was then delinquent beyond such permissible merchandising
518	518	17 credit period of 30 days.
519	519	18 Every manufacturer, importing distributor and distributor
520	520	19 shall submit or cause to be submitted, to the State
521	521	20 Commission, a verified written list of the names and
522	522	21 respective addresses of each previously reported delinquent
523	523	22 retail licensee who has cured such delinquency by payment,
524	524	23 which list shall be submitted not later than the close of the
525	525	24 second full business day following the day such delinquency
526	526	25 was so cured.
527	527	26 The written list of delinquent retail licensees shall be
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538	538	1 developed, administered, and maintained only by the State
539	539	2 Commission. The State Commission shall notify each retail
540	540	3 licensee that it has been placed on the delinquency list.
541	541	4 Determinations of delinquency or nondelinquency shall be made
542	542	5 only by the State Commission.
543	543	6 Such written verified reports required to be submitted by
544	544	7 this Section shall be posted by the State Commission in each of
545	545	8 its offices in places available for public inspection not
546	546	9 later than the day following receipt thereof by the State
547	547	10 Commission. The reports so posted shall constitute notice to
548	548	11 every manufacturer, importing distributor and distributor of
549	549	12 the information contained therein. Actual notice to
550	550	13 manufacturers, importing distributors and distributors of the
551	551	14 information contained in any such posted reports, however
552	552	15 received, shall also constitute notice of such information.
553	553	16 The 30-day merchandising credit period allowed by this
554	554	17 Section shall commence with the day immediately following the
555	555	18 date of invoice and shall include all successive days
556	556	19 including Sundays and holidays to and including the 30th
557	557	20 successive day.
558	558	21 In addition to other methods allowed by law, payment by
559	559	22 check or credit card during the period for which merchandising
560	560	23 credit may be extended under the provisions of this Section
561	561	24 shall be considered payment. All checks received in payment
562	562	25 for alcoholic liquor shall be promptly deposited for
563	563	26 collection. A post dated check or a check dishonored on
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574	574	1 presentation for payment shall not be deemed payment.
575	575	2 A credit card payment in dispute by a retailer shall not be
576	576	3 deemed payment, and the debt uncured for merchandising credit
577	577	4 shall be reported as delinquent. Nothing in this Section shall
578	578	5 prevent a distributor, self-distributing manufacturer, or
579	579	6 importing distributor from assessing a usual and customary
580	580	7 transaction fee representative of the actual finance charges
581	581	8 incurred for processing a credit card payment. This
582	582	9 transaction fee shall be disclosed on the invoice. It shall be
583	583	10 considered unlawful for a distributor, importing distributor,
584	584	11 or self-distributing manufacturer to waive finance charges for
585	585	12 retailers.
586	586	13 A retail licensee shall not be deemed to be delinquent in
587	587	14 payment for any alleged sale to him of alcoholic liquor when
588	588	15 there exists a bona fide dispute between such retailer and a
589	589	16 manufacturer, importing distributor or distributor with
590	590	17 respect to the amount of indebtedness existing because of such
591	591	18 alleged sale. A retail licensee shall not be deemed to be
592	592	19 delinquent under this provision and 11 Ill. Adm. Code 100.90
593	593	20 until 30 days after the date on which the region in which the
594	594	21 retail licensee is located enters Phase 4 of the Governor's
595	595	22 Restore Illinois Plan as issued on May 5, 2020.
596	596	23 A delinquent retail licensee who engages in the retail
597	597	24 liquor business at 2 or more locations shall be deemed to be
598	598	25 delinquent with respect to each such location.
599	599	26 The license of any person who violates any provision of
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610	610	1 this Section shall be subject to suspension or revocation in
611	611	2 the manner provided by this Act.
612	612	3 If any part or provision of this Article or the
613	613	4 application thereof to any person or circumstances shall be
614	614	5 adjudged invalid by a court of competent jurisdiction, such
615	615	6 judgment shall be confined by its operation to the controversy
616	616	7 in which it was mentioned and shall not affect or invalidate
617	617	8 the remainder of this Article or the application thereof to
618	618	9 any other person or circumstance and to this and the
619	619	10 provisions of this Article are declared severable.
620	620	11 (Source: P.A. 102-8, eff. 6-2-21; 102-442, eff. 1-1-22;
621	621	12 102-813, eff. 5-13-22; 103-363, eff. 7-28-23.)
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