Bill Amendment: IL SB1516 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LIQUOR-RETAILER'S LICENSE
Status: 2015-07-15 - Public Act . . . . . . . . . 99-0047 [SB1516 Detail]
Download: Illinois-2015-SB1516-Senate_Amendment_001.html
Bill Title: LIQUOR-RETAILER'S LICENSE
Status: 2015-07-15 - Public Act . . . . . . . . . 99-0047 [SB1516 Detail]
Download: Illinois-2015-SB1516-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1516
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2 | AMENDMENT NO. ______. Amend Senate Bill 1516 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Liquor Control Act of 1934 is amended by | ||||||
5 | changing Section 6-4 as follows:
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6 | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
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7 | Sec. 6-4. (a) No person licensed by any licensing authority | ||||||
8 | as a
distiller, or a wine manufacturer, or any subsidiary or | ||||||
9 | affiliate
thereof, or any officer, associate, member, partner, | ||||||
10 | representative,
employee, agent or shareholder owning more | ||||||
11 | than 5% of the outstanding
shares of such person shall be | ||||||
12 | issued an importing distributor's or
distributor's license, | ||||||
13 | nor shall any person licensed by any licensing
authority as an | ||||||
14 | importing distributor, distributor or retailer, or any
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15 | subsidiary or affiliate thereof, or any officer or associate, | ||||||
16 | member,
partner, representative, employee, agent or |
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1 | shareholder owning more than
5% of the outstanding shares of | ||||||
2 | such person be issued a distiller's
license or a wine | ||||||
3 | manufacturer's license; and no person or persons
licensed as a | ||||||
4 | distiller by any licensing authority shall have any
interest, | ||||||
5 | directly or indirectly, with such distributor or importing
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6 | distributor.
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7 | However, an importing distributor or distributor, which on | ||||||
8 | January
1, 1985 is owned by a brewer, or any subsidiary or | ||||||
9 | affiliate thereof or any
officer, associate, member, partner, | ||||||
10 | representative, employee, agent or
shareholder owning more | ||||||
11 | than 5% of the outstanding shares of the importing
distributor | ||||||
12 | or distributor referred to in this paragraph, may own or
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13 | acquire an ownership interest of more than 5% of the | ||||||
14 | outstanding shares of
a wine manufacturer and be issued a wine
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15 | manufacturer's license by any licensing authority.
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16 | (b) The foregoing provisions shall not apply to any person | ||||||
17 | licensed
by any licensing authority as a distiller or wine | ||||||
18 | manufacturer, or to
any subsidiary or affiliate of any | ||||||
19 | distiller or wine manufacturer who
shall have been heretofore | ||||||
20 | licensed by the State Commission as either an
importing | ||||||
21 | distributor or distributor during the annual licensing period
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22 | expiring June 30, 1947, and shall actually have made sales | ||||||
23 | regularly to
retailers.
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24 | (c) Provided, however, that in such instances where a | ||||||
25 | distributor's
or importing distributor's license has been | ||||||
26 | issued to any distiller or
wine manufacturer or to any |
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1 | subsidiary or affiliate of any distiller or
wine manufacturer | ||||||
2 | who has, during the licensing period ending June 30,
1947, sold | ||||||
3 | or distributed as such licensed distributor or importing
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4 | distributor alcoholic liquors and wines to retailers, such | ||||||
5 | distiller or
wine manufacturer or any subsidiary or affiliate | ||||||
6 | of any distiller or
wine manufacturer holding such | ||||||
7 | distributor's or importing distributor's
license may continue | ||||||
8 | to sell or distribute to retailers such alcoholic
liquors and | ||||||
9 | wines which are manufactured, distilled, processed or
marketed | ||||||
10 | by distillers and wine manufacturers whose products it sold or
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11 | distributed to retailers during the whole or any part of its | ||||||
12 | licensing
periods; and such additional brands and additional | ||||||
13 | products may be added
to the line of such distributor or | ||||||
14 | importing distributor, provided, that
such brands and such | ||||||
15 | products were not sold or distributed by any
distributor or | ||||||
16 | importing distributor licensed by the State Commission
during | ||||||
17 | the licensing period ending June 30, 1947, but can not sell or
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18 | distribute to retailers any other alcoholic liquors or wines.
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19 | (d) It shall be unlawful for any distiller licensed | ||||||
20 | anywhere to have
any stock ownership or interest in any | ||||||
21 | distributor's or importing
distributor's license wherein any | ||||||
22 | other person has an interest therein
who is not a distiller and | ||||||
23 | does not own more than 5% of any stock in any
distillery. | ||||||
24 | Nothing herein contained shall apply to such distillers or
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25 | their subsidiaries or affiliates, who had a distributor's or | ||||||
26 | importing
distributor's license during the licensing period |
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1 | ending June 30, 1947,
which license was owned in whole by such | ||||||
2 | distiller, or subsidiaries or
affiliates of such distiller.
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3 | (e) Any person having been licensed as a manufacturer shall | ||||||
4 | be
permitted to receive one retailer's license for the premises | ||||||
5 | in which he
or she actually conducts such business, permitting | ||||||
6 | only the retail sale of beer manufactured at such premises and | ||||||
7 | only on
such premises, but no such person shall be entitled to | ||||||
8 | more than one
retailer's license in any event, and, other than | ||||||
9 | a manufacturer of beer
as stated above, no manufacturer or | ||||||
10 | distributor or importing
distributor, excluding airplane | ||||||
11 | licensees exercising powers provided in
paragraph (i) of | ||||||
12 | Section 5-1 of this Act, or any subsidiary or affiliate
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13 | thereof, or any officer,
associate, member, partner, | ||||||
14 | representative, employee or agent, or
shareholder shall be | ||||||
15 | issued a retailer's license, nor shall any person
having a | ||||||
16 | retailer's license, excluding airplane licensees exercising | ||||||
17 | powers
provided in paragraph (i) of Section 5-1 of this
Act, or | ||||||
18 | any subsidiary or affiliate thereof, or
any officer, associate, | ||||||
19 | member, partner, representative or agent, or
shareholder be | ||||||
20 | issued a manufacturer's license or importing distributor's
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21 | license.
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22 | A person licensed as a craft distiller not affiliated with | ||||||
23 | any other person manufacturing spirits may be authorized by the | ||||||
24 | Commission to sell up to 2,500 gallons of spirits produced by | ||||||
25 | the person to non-licensees for on or off-premises consumption | ||||||
26 | for the premises in which he or she actually conducts business |
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1 | permitting only the retail sale of spirits manufactured at such | ||||||
2 | premises. Such sales shall be limited to on-premises, in-person | ||||||
3 | sales only, for lawful consumption on or off premises, and such | ||||||
4 | authorization shall be considered a privilege granted by the | ||||||
5 | craft distiller license. A craft distiller licensed for retail | ||||||
6 | sale shall secure liquor liability insurance coverage in an | ||||||
7 | amount at least equal to the maximum liability amounts set | ||||||
8 | forth in subsection (a) of Section 6-21 of this Act. | ||||||
9 | (f) (Blank). However, the foregoing prohibitions against | ||||||
10 | any person licensed as
a distiller or wine manufacturer being | ||||||
11 | issued a retailer's license shall not apply:
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12 | (i) to any hotel, motel or restaurant whose principal | ||||||
13 | business is not
the sale of alcoholic liquors if said | ||||||
14 | retailer's sales of any alcoholic
liquors manufactured, | ||||||
15 | sold, distributed or controlled, directly or
indirectly, | ||||||
16 | by any affiliate, subsidiary, officer, associate, member,
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17 | partner, representative, employee, agent or shareholder | ||||||
18 | owning more than 5%
of the outstanding shares of such | ||||||
19 | person does not exceed
10% of the total alcoholic liquor | ||||||
20 | sales of said retail licensee; and
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21 | (ii) where the Commission determines, having | ||||||
22 | considered the public
welfare, the economic impact upon the | ||||||
23 | State and the entirety of the facts
and circumstances | ||||||
24 | involved, that the purpose and intent of this Section
would | ||||||
25 | not be violated by granting an exemption.
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26 | (g) Notwithstanding any of the foregoing prohibitions, a |
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1 | limited wine
manufacturer may sell at retail at its | ||||||
2 | manufacturing site for on or off
premises consumption and may | ||||||
3 | sell to distributors. A limited wine manufacturer licensee
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4 | shall secure liquor liability insurance coverage in an amount
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5 | at least equal to the maximum liability amounts set forth in
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6 | subsection (a) of Section 6-21 of this Act.
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7 | (Source: P.A. 96-1367, eff. 7-28-10; 97-606, eff. 8-26-11; | ||||||
8 | 97-1166, eff. 3-1-13.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
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