Bill Amendment: IL SB3019 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LIQUOR-VARIOUS
Status: 2018-08-14 - Public Act . . . . . . . . . 100-0885 [SB3019 Detail]
Download: Illinois-2017-SB3019-Senate_Amendment_002.html
Bill Title: LIQUOR-VARIOUS
Status: 2018-08-14 - Public Act . . . . . . . . . 100-0885 [SB3019 Detail]
Download: Illinois-2017-SB3019-Senate_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 3019
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2 | AMENDMENT NO. ______. Amend Senate Bill 3019 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 Sections 5-1, 6-4, 6-6, 6-8, and 8-1 as follows:
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6 | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | ||||||
7 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
8 | Commission
shall be of the following classes: | ||||||
9 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
10 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
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11 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
12 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
13 | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | ||||||
14 | 10. Class 1 Brewer, Class 11. Class 2 Brewer, | ||||||
15 | (b) Distributor's license, | ||||||
16 | (c) Importing Distributor's license, |
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1 | (d) Retailer's license, | ||||||
2 | (e) Special Event Retailer's license (not-for-profit), | ||||||
3 | (f) Railroad license, | ||||||
4 | (g) Boat license, | ||||||
5 | (h) Non-Beverage User's license, | ||||||
6 | (i) Wine-maker's premises license, | ||||||
7 | (j) Airplane license, | ||||||
8 | (k) Foreign importer's license, | ||||||
9 | (l) Broker's license, | ||||||
10 | (m) Non-resident dealer's
license, | ||||||
11 | (n) Brew Pub license, | ||||||
12 | (o) Auction liquor license, | ||||||
13 | (p) Caterer retailer license, | ||||||
14 | (q) Special use permit license, | ||||||
15 | (r) Winery shipper's license, | ||||||
16 | (s) Craft distiller tasting 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,
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22 | importation in bulk, storage, distribution and sale of | ||||||
23 | alcoholic liquor
to persons without the State, as may be | ||||||
24 | permitted by law and to licensees
in this State as follows: | ||||||
25 | Class 1. A Distiller may make sales and deliveries of | ||||||
26 | alcoholic liquor to
distillers, rectifiers, importing |
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1 | distributors, distributors and
non-beverage users and to no | ||||||
2 | other licensees. | ||||||
3 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
4 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
5 | rectifiers, importing distributors,
distributors, retailers | ||||||
6 | and non-beverage users and to no other licensees. | ||||||
7 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
8 | importing
distributors and distributors and may make sales as | ||||||
9 | authorized under subsection (e) of Section 6-4 of this Act. | ||||||
10 | Class 4. A first class wine-manufacturer may make sales and | ||||||
11 | deliveries of
up to 50,000 gallons of wine to manufacturers,
| ||||||
12 | importing
distributors and distributors, and to no other | ||||||
13 | licensees. | ||||||
14 | Class 5. A second class Wine manufacturer may make sales | ||||||
15 | and deliveries
of more than 50,000 gallons of wine to | ||||||
16 | manufacturers, importing distributors
and distributors and to | ||||||
17 | no other licensees. | ||||||
18 | Class 6. A first-class wine-maker's license shall allow the | ||||||
19 | manufacture
of up to 50,000 gallons of wine per year, and the
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20 | storage
and sale of such
wine to distributors in the State and | ||||||
21 | to persons without the
State, as may be permitted by law. A | ||||||
22 | person who, prior to June 1, 2008 (the effective date of Public | ||||||
23 | Act 95-634), is a holder of a first-class wine-maker's license | ||||||
24 | and annually produces more than 25,000 gallons of its own wine | ||||||
25 | and who distributes its wine to licensed retailers shall cease | ||||||
26 | this practice on or before July 1, 2008 in compliance with |
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1 | Public Act 95-634. | ||||||
2 | Class 7. A second-class wine-maker's license shall allow | ||||||
3 | the manufacture
of between 50,000 and 150,000 gallons of wine | ||||||
4 | per year, and
the
storage and sale of such wine
to distributors | ||||||
5 | in this State and to persons without the State, as may be
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6 | permitted by law. A person who, prior to June 1, 2008 (the | ||||||
7 | effective date of Public Act 95-634), is a holder of a | ||||||
8 | second-class wine-maker's license and annually produces more | ||||||
9 | than 25,000 gallons of its own wine and who distributes its | ||||||
10 | wine to licensed retailers shall cease this practice on or | ||||||
11 | before July 1, 2008 in compliance with Public Act 95-634. | ||||||
12 | Class 8. A limited wine-manufacturer may make sales and | ||||||
13 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
14 | distributors, and to
non-licensees in accordance with the | ||||||
15 | provisions of this Act. | ||||||
16 | Class 9. A craft distiller license shall allow the | ||||||
17 | manufacture of up to 100,000 gallons of spirits by distillation | ||||||
18 | per year and the storage of such spirits. If a craft distiller | ||||||
19 | licensee, including a craft distiller licensee who holds more | ||||||
20 | than one craft distiller license, is not affiliated with any | ||||||
21 | other manufacturer of spirits, then the craft distiller | ||||||
22 | licensee may sell such spirits to distributors in this State | ||||||
23 | and up to 2,500 gallons of such spirits to non-licensees to the | ||||||
24 | extent permitted by any exemption approved by the Commission | ||||||
25 | pursuant to Section 6-4 of this Act. A craft distiller license | ||||||
26 | holder may store such spirits at a non-contiguous licensed |
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1 | location, but at no time shall a craft distiller license holder | ||||||
2 | directly or indirectly produce in the aggregate more than | ||||||
3 | 100,000 gallons of spirits per year. | ||||||
4 | A craft distiller licensee may hold more than one craft | ||||||
5 | distiller's license. However, a craft distiller that holds more | ||||||
6 | than one craft distiller license shall not manufacture, in the | ||||||
7 | aggregate, more than 100,000 gallons of spirits by distillation | ||||||
8 | per year and shall not sell, in the aggregate, more than 2,500 | ||||||
9 | gallons of such spirits to non-licensees in accordance with an | ||||||
10 | exemption approved by the State Commission pursuant to Section | ||||||
11 | 6-4 of this Act. | ||||||
12 | Any craft distiller licensed under this Act who on July 28, | ||||||
13 | 2010 (the effective date of Public Act 96-1367) was licensed as | ||||||
14 | a distiller and manufactured no more spirits than permitted by | ||||||
15 | this Section shall not be required to pay the initial licensing | ||||||
16 | fee. | ||||||
17 | Class 10. A class 1 brewer license, which may only be | ||||||
18 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
19 | shall allow the manufacture of up to 930,000 gallons of beer | ||||||
20 | per year provided that the class 1 brewer licensee does not | ||||||
21 | manufacture more than a combined 930,000 gallons of beer per | ||||||
22 | year and is not a member of or affiliated with, directly or | ||||||
23 | indirectly, a manufacturer that produces more than 930,000 | ||||||
24 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
25 | 1 brewer licensee may make sales and deliveries to importing | ||||||
26 | distributors and distributors and to retail licensees in |
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1 | accordance with the conditions set forth in paragraph (18) of | ||||||
2 | subsection (a) of Section 3-12 of this Act. | ||||||
3 | Class 11. A class 2 brewer license, which may only be | ||||||
4 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
5 | shall allow the manufacture of up to 3,720,000 gallons of beer | ||||||
6 | per year provided that the class 2 brewer licensee does not | ||||||
7 | manufacture more than a combined 3,720,000 gallons of beer per | ||||||
8 | year and is not a member of or affiliated with, directly or | ||||||
9 | indirectly, a manufacturer that produces more than 3,720,000 | ||||||
10 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
11 | 2 brewer licensee may make sales and deliveries to importing | ||||||
12 | distributors and distributors, but shall not make sales or | ||||||
13 | deliveries to any other licensee. If the State Commission | ||||||
14 | provides prior approval, a class 2 brewer licensee may annually | ||||||
15 | transfer up to 3,720,000 gallons of beer manufactured by that | ||||||
16 | class 2 brewer licensee to the premises of a licensed class 2 | ||||||
17 | brewer wholly owned and operated by the same licensee. | ||||||
18 | (a-1) A manufacturer which is licensed in this State to | ||||||
19 | make sales or
deliveries of alcoholic liquor to licensed | ||||||
20 | distributors or importing distributors and which enlists | ||||||
21 | agents, representatives, or
individuals acting on its behalf | ||||||
22 | who contact licensed retailers on a regular
and continual basis | ||||||
23 | in this State must register those agents, representatives,
or | ||||||
24 | persons acting on its behalf with the State Commission. | ||||||
25 | Registration of agents, representatives, or persons acting | ||||||
26 | on behalf of a
manufacturer is fulfilled by submitting a form |
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1 | to the Commission. The form
shall be developed by the | ||||||
2 | Commission and shall include the name and address of
the | ||||||
3 | applicant, the name and address of the manufacturer he or she | ||||||
4 | represents,
the territory or areas assigned to sell to or | ||||||
5 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
6 | questions deemed appropriate and necessary.
All statements in | ||||||
7 | the forms required to be made by law or by rule shall be
deemed | ||||||
8 | material, and any person who knowingly misstates any material | ||||||
9 | fact under
oath in an application is guilty of a Class B | ||||||
10 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
11 | misleading statements, evasions, or
suppression of material | ||||||
12 | facts in the securing of a registration are grounds for
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13 | suspension or revocation of the registration. The State | ||||||
14 | Commission shall post a list of registered agents on the | ||||||
15 | Commission's website. | ||||||
16 | (b) A distributor's license shall allow the wholesale | ||||||
17 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
18 | liquors to licensees
in this State and to persons without the | ||||||
19 | State, as may be permitted by law. No person licensed as a | ||||||
20 | distributor shall be granted a non-resident dealer's license. | ||||||
21 | (c) An importing distributor's license may be issued to and | ||||||
22 | held by
those only who are duly licensed distributors, upon the | ||||||
23 | filing of an
application by a duly licensed distributor, with | ||||||
24 | the Commission and
the Commission shall, without the
payment of | ||||||
25 | any fee, immediately issue such importing distributor's
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26 | license to the applicant, which shall allow the importation of |
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1 | alcoholic
liquor by the licensee into this State from any point | ||||||
2 | in the United
States outside this State, and the purchase of | ||||||
3 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
4 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
5 | but all bottles or containers
so filled shall be sealed, | ||||||
6 | labeled, stamped and otherwise made to comply
with all | ||||||
7 | provisions, rules and regulations governing manufacturers in
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8 | the preparation and bottling of alcoholic liquors. The | ||||||
9 | importing
distributor's license shall permit such licensee to | ||||||
10 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
11 | dealers and foreign importers only. No person licensed as an | ||||||
12 | importing distributor shall be granted a non-resident dealer's | ||||||
13 | license. | ||||||
14 | (d) A retailer's license shall allow the licensee to sell | ||||||
15 | and offer
for sale at retail, only in the premises specified in | ||||||
16 | the license,
alcoholic liquor for use or consumption, but not | ||||||
17 | for resale in any form. Nothing in Public Act 95-634 shall | ||||||
18 | deny, limit, remove, or restrict the ability of a holder of a | ||||||
19 | retailer's license to transfer, deliver, or ship alcoholic | ||||||
20 | liquor to the purchaser for use or consumption subject to any | ||||||
21 | applicable local law or ordinance. Any retail license issued to | ||||||
22 | a manufacturer shall only
permit the manufacturer to sell beer | ||||||
23 | at retail on the premises actually
occupied by the | ||||||
24 | manufacturer. For the purpose of further describing the type of | ||||||
25 | business conducted at a retail licensed premises, a retailer's | ||||||
26 | licensee may be designated by the State Commission as (i) an on |
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1 | premise consumption retailer, (ii) an off premise sale | ||||||
2 | retailer, or (iii) a combined on premise consumption and off | ||||||
3 | premise sale retailer.
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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 an | ||||||
10 | Illinois licensed distributor
(unless the licensee purchases | ||||||
11 | less than $500 of alcoholic liquors for the
special event, in | ||||||
12 | which case the licensee may purchase the alcoholic liquors
from | ||||||
13 | a licensed retailer) and shall allow the licensee to sell and | ||||||
14 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
15 | consumption, but not for resale
in any form and only at the | ||||||
16 | location and on the specific dates designated for
the special | ||||||
17 | event in the license. An applicant for a special event retailer
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18 | license must
(i) furnish with the application: (A) a resale | ||||||
19 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
20 | Act or evidence that the applicant is
registered under Section | ||||||
21 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
22 | exemption identification
number issued under Section 1g of the | ||||||
23 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
24 | Commission that the purchase of alcoholic liquors will be
a | ||||||
25 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
26 | not registered
under Section 2a of the Retailers' Occupation |
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1 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
2 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
3 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
4 | in which event the Commission shall set forth on the special | ||||||
5 | event
retailer's license a statement to that effect; (ii) | ||||||
6 | submit with the application proof satisfactory to
the State | ||||||
7 | Commission that the applicant will provide dram shop liability
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8 | insurance in the maximum limits; and (iii) show proof | ||||||
9 | satisfactory to the
State Commission that the applicant has | ||||||
10 | obtained local authority
approval. | ||||||
11 | Nothing in this Act prohibits an Illinois licensed | ||||||
12 | distributor from offering credit or a refund for unused, | ||||||
13 | salable alcoholic liquors to a holder of a special event | ||||||
14 | retailer's license or from the special event retailer's | ||||||
15 | licensee accepting the credit or refund of alcoholic liquors at | ||||||
16 | the conclusion of the event specified in the license. | ||||||
17 | (f) A railroad license shall permit the licensee to import | ||||||
18 | alcoholic
liquors into this State from any point in the United | ||||||
19 | States outside this
State and to store such alcoholic liquors | ||||||
20 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
21 | directly from manufacturers, foreign
importers, distributors | ||||||
22 | and importing distributors from within or outside
this State; | ||||||
23 | and to store such alcoholic liquors in this State; provided
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24 | that the above powers may be exercised only in connection with | ||||||
25 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
26 | sold or
dispensed on a club, buffet, lounge or dining car |
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1 | operated on an electric,
gas or steam railway in this State; | ||||||
2 | and provided further, that railroad
licensees exercising the | ||||||
3 | above powers shall be subject to all provisions of
Article VIII | ||||||
4 | of this Act as applied to importing distributors. A railroad
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5 | license shall also permit the licensee to sell or dispense | ||||||
6 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
7 | operated on an electric,
gas or steam railway regularly | ||||||
8 | operated by a common carrier in this State,
but shall not | ||||||
9 | permit the sale for resale of any alcoholic liquors to any
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10 | licensee within this State. A license shall be obtained for | ||||||
11 | each car in which
such sales are made. | ||||||
12 | (g) A boat license shall allow the sale of alcoholic liquor | ||||||
13 | in
individual drinks, on any passenger boat regularly operated | ||||||
14 | as a common
carrier on navigable waters in this State or on any | ||||||
15 | riverboat operated
under
the Riverboat Gambling Act, which boat | ||||||
16 | or riverboat maintains a public
dining room or restaurant | ||||||
17 | thereon. | ||||||
18 | (h) A non-beverage user's license shall allow the licensee | ||||||
19 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
20 | importing
distributor, without the imposition of any tax upon | ||||||
21 | the business of such
licensed manufacturer or importing | ||||||
22 | distributor as to such alcoholic
liquor to be used by such | ||||||
23 | licensee solely for the non-beverage purposes
set forth in | ||||||
24 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
25 | shall be divided and classified and shall permit the
purchase, | ||||||
26 | possession and use of limited and stated quantities of
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1 | alcoholic liquor as follows: | ||||||
2 | Class 1, not to exceed ......................... 500 gallons
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3 | Class 2, not to exceed ....................... 1,000 gallons
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4 | Class 3, not to exceed ....................... 5,000 gallons
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5 | Class 4, not to exceed ...................... 10,000 gallons
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6 | Class 5, not to exceed ....................... 50,000 gallons | ||||||
7 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
8 | that concurrently holds a first-class wine-maker's license to | ||||||
9 | sell
and offer for sale at retail in the premises specified in | ||||||
10 | such license
not more than 50,000 gallons of the first-class | ||||||
11 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
12 | licensed premises per year for use or
consumption, but not for | ||||||
13 | resale in any form. A wine-maker's premises
license shall allow | ||||||
14 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
15 | license to sell and offer for sale at retail in the premises
| ||||||
16 | specified in such license up to 100,000 gallons of the
| ||||||
17 | second-class wine-maker's wine that is made at the second-class | ||||||
18 | wine-maker's
licensed premises per year
for use or consumption | ||||||
19 | but not for resale in any form. A wine-maker's premises license | ||||||
20 | shall allow a
licensee that concurrently holds a first-class | ||||||
21 | wine-maker's license or a second-class
wine-maker's license to | ||||||
22 | sell
and offer for sale at retail at the premises specified in | ||||||
23 | the wine-maker's premises license, for use or consumption but | ||||||
24 | not for resale in any form, any beer, wine, and spirits | ||||||
25 | purchased from a licensed distributor. Upon approval from the
| ||||||
26 | State Commission, a wine-maker's premises license
shall allow |
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1 | the licensee to sell and offer for sale at (i) the wine-maker's
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2 | licensed premises and (ii) at up to 2 additional locations for | ||||||
3 | use and
consumption and not for resale. Each location shall | ||||||
4 | require additional
licensing per location as specified in | ||||||
5 | Section 5-3 of this Act. A wine-maker's premises licensee shall
| ||||||
6 | secure liquor liability insurance coverage in an amount at
| ||||||
7 | least equal to the maximum liability amounts set forth in
| ||||||
8 | subsection (a) of Section 6-21 of this Act.
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9 | (j) An airplane license shall permit the licensee to import
| ||||||
10 | alcoholic liquors into this State from any point in the United | ||||||
11 | States
outside this State and to store such alcoholic liquors | ||||||
12 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
13 | directly from
manufacturers, foreign importers, distributors | ||||||
14 | and importing
distributors from within or outside this State; | ||||||
15 | and to store such
alcoholic liquors in this State; provided | ||||||
16 | that the above powers may be
exercised only in connection with | ||||||
17 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
18 | sold or dispensed on an airplane; and
provided further, that | ||||||
19 | airplane licensees exercising the above powers
shall be subject | ||||||
20 | to all provisions of Article VIII of this Act as
applied to | ||||||
21 | importing distributors. An airplane licensee shall also
permit | ||||||
22 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
23 | airplane regularly operated by a common carrier in this State, | ||||||
24 | but shall
not permit the sale for resale of any alcoholic | ||||||
25 | liquors to any licensee
within this State. A single airplane | ||||||
26 | license shall be required of an
airline company if liquor |
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| |||||||
1 | service is provided on board aircraft in this
State. The annual | ||||||
2 | fee for such license shall be as determined in
Section 5-3. | ||||||
3 | (k) A foreign importer's license shall permit such licensee | ||||||
4 | to purchase
alcoholic liquor from Illinois licensed | ||||||
5 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
6 | than in bulk from any point outside the
United States and to | ||||||
7 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
8 | distributors and to no one else in Illinois;
provided that (i) | ||||||
9 | the foreign importer registers with the State Commission
every
| ||||||
10 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
11 | licensees during the
license period, (ii) the foreign importer | ||||||
12 | complies with all of the provisions
of Section
6-9 of this Act | ||||||
13 | with respect to registration of such Illinois licensees as may
| ||||||
14 | be granted the
right to sell such brands at wholesale, and | ||||||
15 | (iii) the foreign importer complies with the provisions of | ||||||
16 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
17 | provisions apply to manufacturers. | ||||||
18 | (l) (i) A broker's license shall be required of all persons
| ||||||
19 | who solicit
orders for, offer to sell or offer to supply | ||||||
20 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
21 | offer to retailers to ship or
cause to be shipped or to make | ||||||
22 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
23 | or any other party within or without the State
of Illinois in | ||||||
24 | order that alcoholic liquors be shipped to a distributor,
| ||||||
25 | importing distributor or foreign importer, whether such | ||||||
26 | solicitation or
offer is consummated within or without the |
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| |||||||
1 | State of Illinois. | ||||||
2 | No holder of a retailer's license issued by the Illinois | ||||||
3 | Liquor
Control Commission shall purchase or receive any | ||||||
4 | alcoholic liquor, the
order for which was solicited or offered | ||||||
5 | for sale to such retailer by a
broker unless the broker is the | ||||||
6 | holder of a valid broker's license. | ||||||
7 | The broker shall, upon the acceptance by a retailer of the | ||||||
8 | broker's
solicitation of an order or offer to sell or supply or | ||||||
9 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
10 | to the Illinois Liquor
Control Commission a notification of | ||||||
11 | said transaction in such form as
the Commission may by | ||||||
12 | regulations prescribe. | ||||||
13 | (ii) A broker's license shall be required of
a person | ||||||
14 | within this State, other than a retail licensee,
who, for a fee | ||||||
15 | or commission, promotes, solicits, or accepts orders for
| ||||||
16 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
17 | be shipped from this State and delivered to residents outside | ||||||
18 | of
this State by an express company, common carrier, or | ||||||
19 | contract carrier.
This Section does not apply to any person who | ||||||
20 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
21 | authorized in Section 6-29 of this Act. | ||||||
22 | A broker's license under this subsection (l)
shall not | ||||||
23 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
24 | own account or to take or deliver title to
such alcoholic | ||||||
25 | liquors. | ||||||
26 | This subsection (l)
shall not apply to distributors, |
| |||||||
| |||||||
1 | employees of
distributors, or employees of a manufacturer who | ||||||
2 | has registered the
trademark, brand or name of the alcoholic | ||||||
3 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
4 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
5 | its registrants thereunder. | ||||||
6 | Any agent, representative, or person subject to | ||||||
7 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
8 | not be eligible to receive a broker's
license. | ||||||
9 | (m) A non-resident dealer's license shall permit such | ||||||
10 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
11 | State from any point
outside of this State, and to sell such | ||||||
12 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
13 | importing distributors and to no one else in this State;
| ||||||
14 | provided that (i) said non-resident dealer shall register with | ||||||
15 | the Illinois Liquor
Control Commission each and every brand of | ||||||
16 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
17 | licensees during the license period, (ii) it shall comply with | ||||||
18 | all of the provisions of Section 6-9 hereof with
respect to | ||||||
19 | registration of such Illinois licensees as may be granted the | ||||||
20 | right
to sell such brands at wholesale, and (iii) the | ||||||
21 | non-resident dealer shall comply 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. No person licensed as a | ||||||
24 | non-resident dealer shall be granted a distributor's or | ||||||
25 | importing distributor's license. | ||||||
26 | (n) A brew pub license shall allow the licensee to only (i) |
| |||||||
| |||||||
1 | manufacture up to 155,000 gallons of beer per year only
on the | ||||||
2 | premises specified in the license, (ii) make sales of the
beer | ||||||
3 | manufactured on the premises or, with the approval of the | ||||||
4 | Commission, beer manufactured on another brew pub licensed | ||||||
5 | premises that is wholly owned and operated by the same licensee | ||||||
6 | to importing distributors, distributors,
and to non-licensees | ||||||
7 | for use and consumption, (iii) store the beer upon
the | ||||||
8 | premises, (iv) sell and offer for sale at retail from the | ||||||
9 | licensed
premises for off-premises
consumption no more than | ||||||
10 | 155,000 gallons per year so long as such sales are only made | ||||||
11 | in-person, (v) sell and offer for sale at retail for use and | ||||||
12 | consumption on the premises specified in the license any form | ||||||
13 | of alcoholic liquor purchased from a licensed distributor or | ||||||
14 | importing distributor, and (vi) with the prior approval of the | ||||||
15 | Commission, annually transfer no more than 155,000 gallons of | ||||||
16 | beer manufactured on the premises to a licensed brew pub wholly | ||||||
17 | owned and operated by the same licensee. | ||||||
18 | A brew pub licensee shall not under any circumstance sell | ||||||
19 | or offer for sale beer manufactured by the brew pub licensee to | ||||||
20 | retail licensees. | ||||||
21 | A person who holds a class 2 brewer license may | ||||||
22 | simultaneously hold a brew pub license if the class 2 brewer | ||||||
23 | (i) does not, under any circumstance, sell or offer for sale | ||||||
24 | beer manufactured by the class 2 brewer to retail licensees; | ||||||
25 | (ii) does not hold more than 3 brew pub licenses in this State; | ||||||
26 | (iii) does not manufacture more than a combined 3,720,000 |
| |||||||
| |||||||
1 | gallons of beer per year, including the beer manufactured at | ||||||
2 | the brew pub; and (iv) is not a member of or affiliated with, | ||||||
3 | directly or indirectly, a manufacturer that produces more than | ||||||
4 | 3,720,000 gallons of beer per year or any other alcoholic | ||||||
5 | liquor. | ||||||
6 | Notwithstanding any other provision of this Act, a licensed | ||||||
7 | brewer, class 2 brewer, or non-resident dealer who before July | ||||||
8 | 1, 2015 manufactured less than 3,720,000 gallons of beer per | ||||||
9 | year and held a brew pub license on or before July 1, 2015 may | ||||||
10 | (i) continue to qualify for and hold that brew pub license for | ||||||
11 | the licensed premises and (ii) manufacture more than 3,720,000 | ||||||
12 | gallons of beer per year and continue to qualify for and hold | ||||||
13 | that brew pub license if that brewer, class 2 brewer, or | ||||||
14 | non-resident dealer does not simultaneously hold a class 1 | ||||||
15 | brewer license and 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 that produces any other | ||||||
18 | alcoholic liquor. | ||||||
19 | (o) A caterer retailer license shall allow the holder
to | ||||||
20 | serve alcoholic liquors as an incidental part of a food service | ||||||
21 | that serves
prepared meals which excludes the serving of snacks | ||||||
22 | as
the primary meal, either on or off-site whether licensed or | ||||||
23 | unlicensed. | ||||||
24 | (p) An auction liquor license shall allow the licensee to | ||||||
25 | sell and offer
for sale at auction wine and spirits for use or | ||||||
26 | consumption, or for resale by
an Illinois liquor licensee in |
| |||||||
| |||||||
1 | accordance with provisions of this Act. An
auction liquor | ||||||
2 | license will be issued to a person and it will permit the
| ||||||
3 | auction liquor licensee to hold the auction anywhere in the | ||||||
4 | State. An auction
liquor license must be obtained for each | ||||||
5 | auction at least 14 days in advance of
the auction date. | ||||||
6 | (q) A special use permit license shall allow an Illinois | ||||||
7 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
8 | inventory from its
retail licensed premises to the premises | ||||||
9 | specified in the license hereby
created, and to sell or offer | ||||||
10 | for sale at retail, only in the premises
specified in the | ||||||
11 | license hereby created, the transferred alcoholic liquor for
| ||||||
12 | use or consumption, but not for resale in any form. A special | ||||||
13 | use permit
license may be granted for the following time | ||||||
14 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
15 | per location in any 12-month period. An
applicant for the | ||||||
16 | special use permit license must also submit with the
| ||||||
17 | application proof satisfactory to the State Commission that the | ||||||
18 | applicant will
provide dram shop liability insurance to the | ||||||
19 | maximum limits and have local
authority approval. | ||||||
20 | (r) A winery shipper's license shall allow a person
with a | ||||||
21 | first-class or second-class wine manufacturer's
license, a | ||||||
22 | first-class or second-class wine-maker's license,
or a limited | ||||||
23 | wine manufacturer's license or who is licensed to
make wine | ||||||
24 | under the laws of another state to ship wine
made by that | ||||||
25 | licensee directly to a resident of this
State who is 21 years | ||||||
26 | of age or older for that resident's
personal use and not for |
| |||||||
| |||||||
1 | resale. Prior to receiving a
winery shipper's license, an | ||||||
2 | applicant for the license must
provide the Commission with a | ||||||
3 | true copy of its current
license in any state in which it is | ||||||
4 | licensed as a manufacturer
of wine. An applicant for a winery | ||||||
5 | shipper's license must
also complete an application form that | ||||||
6 | provides any other
information the Commission deems necessary. | ||||||
7 | The application form shall include all addresses from which the | ||||||
8 | applicant for a winery shipper's license intends to ship wine, | ||||||
9 | including the name and address of any third party, except for a | ||||||
10 | common carrier, authorized to ship wine on behalf of the | ||||||
11 | manufacturer. The
application form shall include an | ||||||
12 | acknowledgement consenting
to the jurisdiction of the | ||||||
13 | Commission, the Illinois
Department of Revenue, and the courts | ||||||
14 | of this State concerning
the enforcement of this Act and any | ||||||
15 | related laws, rules, and
regulations, including authorizing | ||||||
16 | the Department of Revenue
and the Commission to conduct audits | ||||||
17 | for the purpose of
ensuring compliance with Public Act 95-634, | ||||||
18 | and an acknowledgement that the wine manufacturer is in | ||||||
19 | compliance with Section 6-2 of this Act. Any third party, | ||||||
20 | except for a common carrier, authorized to ship wine on behalf | ||||||
21 | of a first-class or second-class wine manufacturer's licensee, | ||||||
22 | a first-class or second-class wine-maker's licensee, a limited | ||||||
23 | wine manufacturer's licensee, or a person who is licensed to | ||||||
24 | make wine under the laws of another state shall also be | ||||||
25 | disclosed by the winery shipper's licensee, and a copy of the | ||||||
26 | written appointment of the third-party wine provider, except |
| |||||||
| |||||||
1 | for a common carrier, to the wine manufacturer shall be filed | ||||||
2 | with the State Commission as a supplement to the winery | ||||||
3 | shipper's license application or any renewal thereof. The | ||||||
4 | winery shipper's license holder shall affirm under penalty of | ||||||
5 | perjury, as part of the winery shipper's license application or | ||||||
6 | renewal, that he or she only ships wine, either directly or | ||||||
7 | indirectly through a third-party provider, from the licensee's | ||||||
8 | own production. | ||||||
9 | Except for a common carrier, a third-party provider | ||||||
10 | shipping wine on behalf of a winery shipper's license holder is | ||||||
11 | the agent of the winery shipper's license holder and, as such, | ||||||
12 | a winery shipper's license holder is responsible for the acts | ||||||
13 | and omissions of the third-party provider acting on behalf of | ||||||
14 | the license holder. A third-party provider, except for a common | ||||||
15 | carrier, that engages in shipping wine into Illinois on behalf | ||||||
16 | of a winery shipper's license holder shall consent to the | ||||||
17 | jurisdiction of the State Commission and the State. Any | ||||||
18 | third-party, except for a common carrier, holding such an | ||||||
19 | appointment shall, by February 1 of each calendar year and upon | ||||||
20 | request by the State Commission or the Department of Revenue, | ||||||
21 | file with the State Commission a statement detailing each | ||||||
22 | shipment made to an Illinois resident. The statement shall | ||||||
23 | include the name and address of the third-party provider filing | ||||||
24 | the statement, the time period covered by the statement, and | ||||||
25 | the following information: | ||||||
26 | (1) the name, address, and license number of the winery |
| |||||||
| |||||||
1 | shipper on whose behalf the shipment was made; | ||||||
2 | (2) the quantity of the products delivered; and | ||||||
3 | (3) the date and address of the shipment. | ||||||
4 | If the Department of Revenue or the State Commission requests a | ||||||
5 | statement under this paragraph, the third-party provider must | ||||||
6 | provide that statement no later than 30 days after the request | ||||||
7 | is made. Any books, records, supporting papers, and documents | ||||||
8 | containing information and data relating to a statement under | ||||||
9 | this paragraph shall be kept and preserved for a period of 3 | ||||||
10 | years, unless their destruction sooner is authorized, in | ||||||
11 | writing, by the Director of Revenue, and shall be open and | ||||||
12 | available to inspection by the Director of Revenue or the State | ||||||
13 | Commission or any duly authorized officer, agent, or employee | ||||||
14 | of the State Commission or the Department of Revenue, at all | ||||||
15 | times during business hours of the day. Any person who violates | ||||||
16 | any provision of this paragraph or any rule of the State | ||||||
17 | Commission for the administration and enforcement of the | ||||||
18 | provisions of this paragraph is guilty of a Class C | ||||||
19 | misdemeanor. In case of a continuing violation, each day's | ||||||
20 | continuance thereof shall be a separate and distinct offense. | ||||||
21 | The State Commission shall adopt rules as soon as | ||||||
22 | practicable to implement the requirements of Public Act 99-904 | ||||||
23 | and shall adopt rules prohibiting any such third-party | ||||||
24 | appointment of a third-party provider, except for a common | ||||||
25 | carrier, that has been deemed by the State Commission to have | ||||||
26 | violated the provisions of this Act with regard to any winery |
| |||||||
| |||||||
1 | shipper licensee. | ||||||
2 | A winery shipper licensee must pay to the Department
of | ||||||
3 | Revenue the State liquor gallonage tax under Section 8-1 for
| ||||||
4 | all wine that is sold by the licensee and shipped to a person
| ||||||
5 | in this State. For the purposes of Section 8-1, a winery
| ||||||
6 | shipper licensee shall be taxed in the same manner as a
| ||||||
7 | manufacturer of wine. A licensee who is not otherwise required | ||||||
8 | to register under the Retailers' Occupation Tax Act must
| ||||||
9 | register under the Use Tax Act to collect and remit use tax to
| ||||||
10 | the Department of Revenue for all gallons of wine that are sold
| ||||||
11 | by the licensee and shipped to persons in this State. If a
| ||||||
12 | licensee fails to remit the tax imposed under this Act in
| ||||||
13 | accordance with the provisions of Article VIII of this Act, the
| ||||||
14 | winery shipper's license shall be revoked in accordance
with | ||||||
15 | the provisions of Article VII of this Act. If a licensee
fails | ||||||
16 | to properly register and remit tax under the Use Tax Act
or the | ||||||
17 | Retailers' Occupation Tax Act for all wine that is sold
by the | ||||||
18 | winery shipper and shipped to persons in this
State, the winery | ||||||
19 | shipper's license shall be revoked in
accordance with the | ||||||
20 | provisions of Article VII of this Act. | ||||||
21 | A winery shipper licensee must collect, maintain, and
| ||||||
22 | submit to the Commission on a semi-annual basis the
total | ||||||
23 | number of cases per resident of wine shipped to residents
of | ||||||
24 | this State.
A winery shipper licensed under this subsection (r)
| ||||||
25 | must comply with the requirements of Section 6-29 of this Act. | ||||||
26 | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of |
| |||||||
| |||||||
1 | Section 3-12, the State Commission may receive, respond to, and | ||||||
2 | investigate any complaint and impose any of the remedies | ||||||
3 | specified in paragraph (1) of subsection (a) of Section 3-12. | ||||||
4 | As used in this subsection, "third-party provider" means | ||||||
5 | any entity that provides fulfillment house services, including | ||||||
6 | warehousing, packaging, distribution, order processing, or | ||||||
7 | shipment of wine, but not the sale of wine, on behalf of a | ||||||
8 | licensed winery shipper. | ||||||
9 | (s) A craft distiller tasting permit license shall allow an | ||||||
10 | Illinois licensed craft distiller to transfer a portion of its | ||||||
11 | alcoholic liquor inventory from its craft distiller licensed | ||||||
12 | premises to the premises specified in the license hereby | ||||||
13 | created and to conduct a sampling, only in the premises | ||||||
14 | specified in the license hereby created, of the transferred | ||||||
15 | alcoholic liquor in accordance with subsection (c) of Section | ||||||
16 | 6-31 of this Act. The transferred alcoholic liquor may not be | ||||||
17 | sold or resold in any form. An applicant for the craft | ||||||
18 | distiller tasting permit license must also submit with the | ||||||
19 | application proof satisfactory to the State Commission that the | ||||||
20 | applicant will provide dram shop liability insurance to the | ||||||
21 | maximum limits and have local authority approval. | ||||||
22 | (Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16; | ||||||
23 | 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff. | ||||||
24 | 1-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17.)
| ||||||
25 | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
|
| |||||||
| |||||||
1 | Sec. 6-4. (a) No person licensed by any licensing authority | ||||||
2 | as a
distiller, or a wine manufacturer, or any subsidiary or | ||||||
3 | affiliate
thereof, or any officer, associate, member, partner, | ||||||
4 | representative,
employee, agent or shareholder owning more | ||||||
5 | than 5% of the outstanding
shares of such person shall be | ||||||
6 | issued an importing distributor's or
distributor's license, | ||||||
7 | nor shall any person licensed by any licensing
authority as an | ||||||
8 | importing distributor, distributor or retailer, or any
| ||||||
9 | subsidiary or affiliate thereof, or any officer or associate, | ||||||
10 | member,
partner, representative, employee, agent or | ||||||
11 | shareholder owning more than
5% of the outstanding shares of | ||||||
12 | such person be issued a distiller's
license, a craft | ||||||
13 | distiller's license, or a wine manufacturer's license; and no | ||||||
14 | person or persons
licensed as a distiller or craft distiller by | ||||||
15 | any licensing authority shall have any
interest, directly or | ||||||
16 | indirectly, with such distributor or importing
distributor.
| ||||||
17 | However, an importing distributor or distributor, which on | ||||||
18 | January
1, 1985 is owned by a brewer, or any subsidiary or | ||||||
19 | affiliate thereof or any
officer, associate, member, partner, | ||||||
20 | representative, employee, agent or
shareholder owning more | ||||||
21 | than 5% of the outstanding shares of the importing
distributor | ||||||
22 | or distributor referred to in this paragraph, may own or
| ||||||
23 | acquire an ownership interest of more than 5% of the | ||||||
24 | outstanding shares of
a wine manufacturer and be issued a wine
| ||||||
25 | manufacturer's license by any licensing authority.
| ||||||
26 | (b) The foregoing provisions shall not apply to any person |
| |||||||
| |||||||
1 | licensed
by any licensing authority as a distiller or wine | ||||||
2 | manufacturer, or to
any subsidiary or affiliate of any | ||||||
3 | distiller or wine manufacturer who
shall have been heretofore | ||||||
4 | licensed by the State Commission as either an
importing | ||||||
5 | distributor or distributor during the annual licensing period
| ||||||
6 | expiring June 30, 1947, and shall actually have made sales | ||||||
7 | regularly to
retailers.
| ||||||
8 | (c) Provided, however, that in such instances where a | ||||||
9 | distributor's
or importing distributor's license has been | ||||||
10 | issued to any distiller or
wine manufacturer or to any | ||||||
11 | subsidiary or affiliate of any distiller or
wine manufacturer | ||||||
12 | who has, during the licensing period ending June 30,
1947, sold | ||||||
13 | or distributed as such licensed distributor or importing
| ||||||
14 | distributor alcoholic liquors and wines to retailers, such | ||||||
15 | distiller or
wine manufacturer or any subsidiary or affiliate | ||||||
16 | of any distiller or
wine manufacturer holding such | ||||||
17 | distributor's or importing distributor's
license may continue | ||||||
18 | to sell or distribute to retailers such alcoholic
liquors and | ||||||
19 | wines which are manufactured, distilled, processed or
marketed | ||||||
20 | by distillers and wine manufacturers whose products it sold or
| ||||||
21 | distributed to retailers during the whole or any part of its | ||||||
22 | licensing
periods; and such additional brands and additional | ||||||
23 | products may be added
to the line of such distributor or | ||||||
24 | importing distributor, provided, that
such brands and such | ||||||
25 | products were not sold or distributed by any
distributor or | ||||||
26 | importing distributor licensed by the State Commission
during |
| |||||||
| |||||||
1 | the licensing period ending June 30, 1947, but can not sell or
| ||||||
2 | distribute to retailers any other alcoholic liquors or wines.
| ||||||
3 | (d) It shall be unlawful for any distiller licensed | ||||||
4 | anywhere to have
any stock ownership or interest in any | ||||||
5 | distributor's or importing
distributor's license wherein any | ||||||
6 | other person has an interest therein
who is not a distiller and | ||||||
7 | does not own more than 5% of any stock in any
distillery. | ||||||
8 | Nothing herein contained shall apply to such distillers or
| ||||||
9 | their subsidiaries or affiliates, who had a distributor's or | ||||||
10 | importing
distributor's license during the licensing period | ||||||
11 | ending June 30, 1947,
which license was owned in whole by such | ||||||
12 | distiller, or subsidiaries or
affiliates of such distiller.
| ||||||
13 | (e) Any person licensed as a brewer, class 1 brewer, or | ||||||
14 | class 2 brewer shall be
permitted to sell on the licensed | ||||||
15 | premises to non-licensees for on or off-premises consumption | ||||||
16 | for the premises in which he
or she actually conducts such | ||||||
17 | business beer manufactured by the brewer, class 1 brewer, or | ||||||
18 | class 2 brewer. Such sales shall be limited to on-premises, | ||||||
19 | in-person sales only, for lawful consumption on or off | ||||||
20 | premises. Such authorization shall be considered a privilege | ||||||
21 | granted by the brewer license and, other than a manufacturer of | ||||||
22 | beer
as stated above, no manufacturer or distributor or | ||||||
23 | importing
distributor, excluding airplane licensees exercising | ||||||
24 | powers provided in
paragraph (i) of Section 5-1 of this Act, or | ||||||
25 | any subsidiary or affiliate
thereof, or any officer,
associate, | ||||||
26 | member, partner, representative, employee or agent, or
|
| |||||||
| |||||||
1 | shareholder shall be issued a retailer's license, nor shall any | ||||||
2 | person
having a retailer's license, excluding airplane | ||||||
3 | licensees exercising powers
provided in paragraph (i) of | ||||||
4 | Section 5-1 of this
Act, or any subsidiary or affiliate | ||||||
5 | thereof, or
any officer, associate, member, partner, | ||||||
6 | representative or agent, or
shareholder be issued a | ||||||
7 | manufacturer's license or importing distributor's
license.
| ||||||
8 | A manufacturer of beer that imports or transfers beer into | ||||||
9 | this State must comply with Sections 6-8 and 8-1 of this Act. | ||||||
10 | A person who holds a class 1 or class 2 brewer license and | ||||||
11 | is authorized by this Section to sell beer to non-licensees | ||||||
12 | shall not sell beer to non-licensees from more than 3 total | ||||||
13 | brewer or commonly owned brew pub licensed locations in this | ||||||
14 | State. The class 1 or class 2 brewer shall designate to the | ||||||
15 | State Commission the brewer or brew pub locations from which it | ||||||
16 | will sell beer to non-licensees. | ||||||
17 | A person licensed as a craft distiller, including a person | ||||||
18 | who holds more than one craft distiller license, not affiliated | ||||||
19 | with any other person manufacturing spirits may be authorized | ||||||
20 | by the Commission to sell up to 2,500 gallons of spirits | ||||||
21 | produced by the person to non-licensees for on or off-premises | ||||||
22 | consumption for the premises in which he or she actually | ||||||
23 | conducts business permitting only the retail sale of spirits | ||||||
24 | manufactured at such premises. Such sales shall be limited to | ||||||
25 | on-premises, in-person sales only, for lawful consumption on or | ||||||
26 | off premises, and such authorization shall be considered a |
| |||||||
| |||||||
1 | privilege granted by the craft distiller license. A craft | ||||||
2 | distiller licensed for retail sale shall secure liquor | ||||||
3 | liability insurance coverage in an amount at least equal to the | ||||||
4 | maximum liability amounts set forth in subsection (a) of | ||||||
5 | Section 6-21 of this Act. | ||||||
6 | A craft distiller license holder shall not deliver any | ||||||
7 | alcoholic liquor to any non-licensee off the licensed premises. | ||||||
8 | A craft distiller shall affirm in its annual craft distiller's | ||||||
9 | license application that it does not produce more than 100,000 | ||||||
10 | gallons of distilled spirits annually and that the craft | ||||||
11 | distiller does not sell more than 2,500 gallons of spirits to | ||||||
12 | non-licensees for on or off-premises consumption. In the | ||||||
13 | application, which shall be sworn under penalty of perjury, the | ||||||
14 | craft distiller shall state the volume of production and sales | ||||||
15 | for each year since the craft distiller's establishment. | ||||||
16 | (f) (Blank).
| ||||||
17 | (g) Notwithstanding any of the foregoing prohibitions, a | ||||||
18 | limited wine
manufacturer may sell at retail at its | ||||||
19 | manufacturing site for on or off
premises consumption and may | ||||||
20 | sell to distributors. A limited wine manufacturer licensee
| ||||||
21 | shall secure liquor liability insurance coverage in an amount
| ||||||
22 | at least equal to the maximum liability amounts set forth in
| ||||||
23 | subsection (a) of Section 6-21 of this Act.
| ||||||
24 | (h) The changes made to this Section by Public Act 99-47 | ||||||
25 | shall not diminish or impair the rights of any person, whether | ||||||
26 | a distiller, wine manufacturer, agent, or affiliate thereof, |
| |||||||
| |||||||
1 | who requested in writing and submitted documentation to the | ||||||
2 | State Commission on or before February 18, 2015 to be approved | ||||||
3 | for a retail license pursuant to what has heretofore been | ||||||
4 | subsection (f); provided that, on or before that date, the | ||||||
5 | State Commission considered the intent of that person to apply | ||||||
6 | for the retail license under that subsection and, by recorded | ||||||
7 | vote, the State Commission approved a resolution indicating | ||||||
8 | that such a license application could be lawfully approved upon | ||||||
9 | that person duly filing a formal application for a retail | ||||||
10 | license and if that person, within 90 days of the State | ||||||
11 | Commission appearance and recorded vote, first filed an | ||||||
12 | application with the appropriate local commission, which | ||||||
13 | application was subsequently approved by the appropriate local | ||||||
14 | commission prior to consideration by the State Commission of | ||||||
15 | that person's application for a retail license. It is further | ||||||
16 | provided that the State Commission may approve the person's | ||||||
17 | application for a retail license or renewals of such license if | ||||||
18 | such person continues to diligently adhere to all | ||||||
19 | representations made in writing to the State Commission on or | ||||||
20 | before February 18, 2015, or thereafter, or in the affidavit | ||||||
21 | filed by that person with the State Commission to support the | ||||||
22 | issuance of a retail license and to abide by all applicable | ||||||
23 | laws and duly adopted rules. | ||||||
24 | (Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15; | ||||||
25 | 99-642, eff. 7-28-16; 99-902, eff. 8-26-16; 100-201, eff. | ||||||
26 | 8-18-17.)
|
| |||||||
| |||||||
1 | (235 ILCS 5/6-6) (from Ch. 43, par. 123)
| ||||||
2 | Sec. 6-6.
Except as otherwise provided in this Act no | ||||||
3 | manufacturer or
distributor or importing distributor shall, | ||||||
4 | directly or indirectly,
sell, supply, furnish, give or pay for, | ||||||
5 | or loan or lease, any
furnishing, fixture or equipment on the | ||||||
6 | premises of a place of business
of another licensee authorized | ||||||
7 | under this Act to sell alcoholic liquor
at retail, either for | ||||||
8 | consumption on or off the premises, nor shall he or she,
| ||||||
9 | directly or indirectly, pay for any such license, or advance, | ||||||
10 | furnish,
lend or give money for payment of such license, or | ||||||
11 | purchase or become
the owner of any note, mortgage, or other | ||||||
12 | evidence of indebtedness of
such licensee or any form of | ||||||
13 | security therefor, nor shall such
manufacturer, or | ||||||
14 | distributor, or importing distributor, directly or
indirectly, | ||||||
15 | be interested in the ownership, conduct or operation of the
| ||||||
16 | business of any licensee authorized to sell alcoholic liquor at | ||||||
17 | retail,
nor shall any manufacturer, or distributor, or | ||||||
18 | importing distributor be
interested directly or indirectly or | ||||||
19 | as owner or part owner of said
premises or as lessee or lessor | ||||||
20 | thereof, in any premises upon which
alcoholic liquor is sold at | ||||||
21 | retail.
| ||||||
22 | No manufacturer or distributor or importing distributor | ||||||
23 | shall,
directly or indirectly or through a subsidiary or | ||||||
24 | affiliate, or by any
officer, director or firm of such | ||||||
25 | manufacturer, distributor or importing
distributor, furnish, |
| |||||||
| |||||||
1 | give, lend or rent, install, repair or maintain,
to or for any | ||||||
2 | retail licensee in this State, any
signs or inside advertising | ||||||
3 | materials except as provided in this Section and
Section 6-5. | ||||||
4 | With respect to
retail licensees, other than any government | ||||||
5 | owned or operated auditorium,
exhibition hall, recreation | ||||||
6 | facility or other similar facility holding a
retailer's license | ||||||
7 | as described in Section 6-5, a manufacturer,
distributor, or | ||||||
8 | importing distributor may furnish, give, lend or rent and
| ||||||
9 | erect, install, repair and maintain to or for any retail | ||||||
10 | licensee, for use
at any one time in or about or in connection | ||||||
11 | with a retail establishment on
which the products of the | ||||||
12 | manufacturer, distributor or importing
distributor are sold, | ||||||
13 | the following signs and inside advertising materials
as | ||||||
14 | authorized in subparts (i), (ii), (iii), and (iv):
| ||||||
15 | (i) Permanent outside signs shall cost be limited to | ||||||
16 | one outside sign, per
brand, in place and in use at any one | ||||||
17 | time,
costing not more than $3,000 per manufacturer $893 , | ||||||
18 | exclusive of erection,
installation, repair and | ||||||
19 | maintenance costs, and permit fees and
shall bear only the | ||||||
20 | manufacturer's name, brand name, trade name, slogans,
| ||||||
21 | markings, trademark, or other symbols commonly associated | ||||||
22 | with and generally
used in identifying the product | ||||||
23 | including, but not limited to, "cold beer", "on
tap", | ||||||
24 | "carry out", and "packaged liquor".
| ||||||
25 | (ii) Temporary outside signs shall include, but not be | ||||||
26 | limited to, be
limited to one temporary outside sign per |
| |||||||
| |||||||
1 | brand. Examples of temporary outside
signs are banners, | ||||||
2 | flags, pennants,
streamers, and other items of a temporary | ||||||
3 | and non-permanent
nature , and shall cost not more than | ||||||
4 | $1,000 per manufacturer . Each temporary outside sign must | ||||||
5 | include the manufacturer's name,
brand name, trade name, | ||||||
6 | slogans, markings,
trademark, or other symbol commonly | ||||||
7 | associated with and generally used in
identifying the | ||||||
8 | product. Temporary outside signs may also include,
for | ||||||
9 | example, the product,
price, packaging, date or dates of a | ||||||
10 | promotion and an announcement of a
retail licensee's | ||||||
11 | specific sponsored event, if the temporary outside sign is
| ||||||
12 | intended to promote a product, and provided that the | ||||||
13 | announcement of the retail
licensee's event and the product | ||||||
14 | promotion are held simultaneously. However,
temporary | ||||||
15 | outside signs may not include names, slogans, markings, or | ||||||
16 | logos that
relate to the retailer. Nothing in this subpart | ||||||
17 | (ii) shall prohibit a
distributor or importing distributor | ||||||
18 | from bearing the cost of creating or
printing a temporary | ||||||
19 | outside sign for the retail licensee's specific sponsored
| ||||||
20 | event or from bearing the cost of creating or printing a | ||||||
21 | temporary sign for a
retail licensee containing, for | ||||||
22 | example, community goodwill expressions,
regional sporting | ||||||
23 | event announcements, or seasonal messages, provided that | ||||||
24 | the
primary purpose of the temporary outside sign is to | ||||||
25 | highlight, promote, or
advertise the product.
In addition, | ||||||
26 | temporary outside signs provided by the manufacturer to
the |
| |||||||
| |||||||
1 | distributor or importing distributor may also include, for | ||||||
2 | example, subject
to the limitations of this Section, | ||||||
3 | preprinted community goodwill expressions,
sporting event | ||||||
4 | announcements, seasonal messages, and manufacturer | ||||||
5 | promotional
announcements. However, a distributor or | ||||||
6 | importing distributor shall not bear
the cost of such | ||||||
7 | manufacturer preprinted signs.
| ||||||
8 | (iii) Permanent inside
signs, whether visible from the | ||||||
9 | outside or the inside of the premises,
include, but are not | ||||||
10 | limited to: alcohol lists and menus that may include
names, | ||||||
11 | slogans, markings, or logos that relate to the retailer; | ||||||
12 | neons;
illuminated signs; clocks; table lamps; mirrors; | ||||||
13 | tap handles; decalcomanias;
window painting; and window | ||||||
14 | trim. All neons, illuminated signs, clocks, table lamps, | ||||||
15 | mirrors, and tap handles are the property of the | ||||||
16 | manufacturer and shall be returned to the manufacturer or | ||||||
17 | its agent upon request. All permanent inside signs in place
| ||||||
18 | and in use at any one time shall cost in the aggregate not | ||||||
19 | more than $6,000 $2000 per
manufacturer. A permanent inside | ||||||
20 | sign must include the
manufacturer's name, brand name, | ||||||
21 | trade name, slogans, markings, trademark, or
other symbol | ||||||
22 | commonly associated with and generally used in identifying
| ||||||
23 | the product. However,
permanent inside signs may not | ||||||
24 | include names, slogans, markings, or logos
that relate to | ||||||
25 | the retailer. For the purpose of this subpart (iii), all
| ||||||
26 | permanent inside signs may be displayed in an adjacent |
| |||||||
| |||||||
1 | courtyard or patio
commonly referred to as a "beer garden" | ||||||
2 | that is a part of the retailer's
licensed premises.
| ||||||
3 | (iv) Temporary inside signs shall include, but are not | ||||||
4 | limited to, lighted
chalk boards, acrylic table tent | ||||||
5 | beverage or hors d'oeuvre list holders,
banners, flags, | ||||||
6 | pennants, streamers, and inside advertising materials such | ||||||
7 | as
posters, placards, bowling sheets, table tents, inserts | ||||||
8 | for acrylic table tent
beverage or hors d'oeuvre list | ||||||
9 | holders, sports schedules,
or similar printed or | ||||||
10 | illustrated materials and product displays, such as | ||||||
11 | display racks, bins, barrels, or similar items, the primary | ||||||
12 | function of which is to temporarily hold and display | ||||||
13 | alcoholic beverages ; however, such items, for example,
as | ||||||
14 | coasters, trays, napkins, glassware and cups shall not be | ||||||
15 | deemed to be
inside signs or advertising materials and may | ||||||
16 | only be sold to retailers at fair market value, which shall | ||||||
17 | be no less than the cost of the item to the manufacturer, | ||||||
18 | distributor, or importing distributor . All
temporary | ||||||
19 | inside signs and inside advertising materials in place and | ||||||
20 | in use at
any one time shall cost in the aggregate not more | ||||||
21 | than $1,000 $325 per manufacturer.
Nothing in this subpart | ||||||
22 | (iv) prohibits a distributor or importing distributor
from | ||||||
23 | paying the cost of
printing or creating any temporary | ||||||
24 | inside banner or inserts for acrylic table
tent beverage or | ||||||
25 | hors d'oeuvre list holders for a retail licensee, provided
| ||||||
26 | that the primary purpose for the banner or insert is to |
| |||||||
| |||||||
1 | highlight, promote, or
advertise the product. For the | ||||||
2 | purpose of this subpart (iv), all temporary
inside signs | ||||||
3 | and inside advertising materials may be displayed in an | ||||||
4 | adjacent
courtyard or patio commonly referred to as a "beer | ||||||
5 | garden" that is a part of
the retailer's licensed premises.
| ||||||
6 | A "cost adjustment factor" shall be used to periodically | ||||||
7 | update the
dollar limitations prescribed in subparts (i), | ||||||
8 | (iii), and (iv). The Commission
shall establish the adjusted | ||||||
9 | dollar limitation on an annual basis beginning in
January, | ||||||
10 | 1997. The term "cost adjustment factor"
means a percentage | ||||||
11 | equal to the change in the Bureau of Labor Statistics
Consumer | ||||||
12 | Price Index or 5%, whichever is greater.
The restrictions | ||||||
13 | contained in this Section 6-6 do not apply to signs, or
| ||||||
14 | promotional or advertising materials furnished by | ||||||
15 | manufacturers, distributors
or importing distributors to a | ||||||
16 | government owned or operated facility holding
a retailer's | ||||||
17 | license as described in Section 6-5.
| ||||||
18 | No distributor or importing distributor shall directly or | ||||||
19 | indirectly
or through a subsidiary or affiliate, or by any | ||||||
20 | officer, director or
firm of such manufacturer, distributor or | ||||||
21 | importing distributor,
furnish, give, lend or rent, install, | ||||||
22 | repair or maintain, to or for any
retail licensee in this | ||||||
23 | State, any signs or
inside advertising materials described in | ||||||
24 | subparts (i), (ii), (iii), or (iv)
of this Section except as | ||||||
25 | the agent for or on behalf of a manufacturer,
provided that the | ||||||
26 | total cost of any signs and inside advertising materials
|
| |||||||
| |||||||
1 | including but not limited to labor, erection, installation and | ||||||
2 | permit fees
shall be paid by the manufacturer whose product or | ||||||
3 | products said signs
and inside advertising materials advertise | ||||||
4 | and except as follows:
| ||||||
5 | A distributor or importing distributor may purchase from or | ||||||
6 | enter into a
written agreement with a manufacturer or a | ||||||
7 | manufacturer's designated supplier
and such manufacturer or | ||||||
8 | the manufacturer's designated supplier may sell or
enter into | ||||||
9 | an agreement to sell to a distributor or importing distributor
| ||||||
10 | permitted signs and advertising materials described in | ||||||
11 | subparts (ii), (iii), or
(iv) of this Section for the purpose | ||||||
12 | of furnishing, giving, lending, renting,
installing, | ||||||
13 | repairing, or maintaining such signs or advertising materials | ||||||
14 | to or
for any retail licensee in this State. Any purchase by a | ||||||
15 | distributor or
importing distributor from a manufacturer or a | ||||||
16 | manufacturer's designated
supplier shall be voluntary and the | ||||||
17 | manufacturer may not require the
distributor or the importing | ||||||
18 | distributor to purchase signs or advertising
materials from the | ||||||
19 | manufacturer or the manufacturer's designated supplier.
| ||||||
20 | A distributor or importing distributor shall be deemed the | ||||||
21 | owner of such
signs or advertising materials purchased from a | ||||||
22 | manufacturer or
a manufacturer's designated supplier.
| ||||||
23 | The provisions of Public Act 90-373
concerning signs or | ||||||
24 | advertising materials delivered by a manufacturer to a
| ||||||
25 | distributor or importing distributor shall apply only to signs | ||||||
26 | or advertising
materials delivered on or after August 14, 1997.
|
| |||||||
| |||||||
1 | A manufacturer, distributor, or importing distributor may | ||||||
2 | furnish free social media advertising to a retail licensee if | ||||||
3 | the social media advertisement does not contain the retail | ||||||
4 | price of any alcoholic liquor and the social media | ||||||
5 | advertisement complies with any applicable rules or | ||||||
6 | regulations issued by the Alcohol and Tobacco Tax and Trade | ||||||
7 | Bureau of the United States Department of the Treasury. A | ||||||
8 | manufacturer, distributor, or importing distributor may list | ||||||
9 | the names of one or more unaffiliated retailers in the | ||||||
10 | advertisement of alcoholic liquor through social media. | ||||||
11 | Nothing in this Section shall prohibit a retailer from | ||||||
12 | communicating with a manufacturer, distributor, or importing | ||||||
13 | distributor on social media or sharing media on the social | ||||||
14 | media of a manufacturer, distributor, or importing | ||||||
15 | distributor. A retailer may request free social media | ||||||
16 | advertising from a manufacturer, distributor, or importing | ||||||
17 | distributor. Nothing in this Section shall prohibit a | ||||||
18 | manufacturer, distributor, or importing distributor from | ||||||
19 | sharing, reposting, or otherwise forwarding a social media post | ||||||
20 | by a retail licensee, so long as the sharing, reposting, or | ||||||
21 | forwarding of the social media post does not contain the retail | ||||||
22 | price of any alcoholic liquor. No manufacturer, distributor, or | ||||||
23 | importing distributor shall pay or reimburse a retailer, | ||||||
24 | directly or indirectly, for any social media advertising | ||||||
25 | services, except as specifically permitted in this Act. No | ||||||
26 | retailer shall accept any payment or reimbursement, directly or |
| |||||||
| |||||||
1 | indirectly, for any social media advertising services offered | ||||||
2 | by a manufacturer, distributor, or importing distributor, | ||||||
3 | except as specifically permitted in this Act. For the purposes | ||||||
4 | of this Section, "social media" means a service, platform, or | ||||||
5 | site where users communicate with one another and share media, | ||||||
6 | such as pictures, videos, music, and blogs, with other users | ||||||
7 | free of charge. | ||||||
8 | No person engaged in the business of manufacturing, | ||||||
9 | importing or
distributing alcoholic liquors shall, directly or | ||||||
10 | indirectly, pay for,
or advance, furnish, or lend money for the | ||||||
11 | payment of any license for
another. Any licensee who shall | ||||||
12 | permit or assent, or be a party in any
way to any violation or | ||||||
13 | infringement of the provisions of this Section
shall be deemed | ||||||
14 | guilty of a violation of this Act, and any money loaned
| ||||||
15 | contrary to a provision of this Act shall not be recovered | ||||||
16 | back, or any
note, mortgage or other evidence of indebtedness, | ||||||
17 | or security, or any
lease or contract obtained or made contrary | ||||||
18 | to this Act shall be
unenforceable and void.
| ||||||
19 | This Section shall not apply to airplane licensees | ||||||
20 | exercising powers
provided in paragraph (i) of Section 5-1 of | ||||||
21 | this Act.
| ||||||
22 | (Source: P.A. 98-756, eff. 7-16-14; 99-448, eff. 8-24-15.)
| ||||||
23 | (235 ILCS 5/6-8) (from Ch. 43, par. 125)
| ||||||
24 | Sec. 6-8.
Each manufacturer or importing distributor or | ||||||
25 | foreign importer
shall keep an accurate record of all alcoholic |
| |||||||
| |||||||
1 | liquors manufactured,
distributed, sold, used, or delivered by | ||||||
2 | him in this State during each
month, showing therein to whom | ||||||
3 | sold, and shall furnish a copy thereof or a
report thereon to | ||||||
4 | the State Commission, as the State Commission may,
request.
| ||||||
5 | Each importing distributor or manufacturer to whom | ||||||
6 | alcoholic liquors
imported into this State have been consigned | ||||||
7 | shall effect possession and
physical control thereof by storing | ||||||
8 | such alcoholic liquors in the premises
wherein such importing | ||||||
9 | distributor or manufacturer is licensed to engage in
such | ||||||
10 | business as an importing distributor or manufacturer and to | ||||||
11 | make such
alcoholic liquors together with accompanying | ||||||
12 | invoices, bills of lading and
receiving tickets available for | ||||||
13 | inspection by an agent or representative of
the Department of | ||||||
14 | Revenue and of the State Commission.
| ||||||
15 | All alcoholic liquor imported into this State must be | ||||||
16 | off-loaded from the
common carrier, vehicle, or mode of | ||||||
17 | transportation by which the alcoholic
liquor was delivered into | ||||||
18 | this State. The alcoholic liquor shall be stored at
the | ||||||
19 | licensed premises of the importing distributor before sale and | ||||||
20 | delivery to
licensees in this State. A distributor or importing | ||||||
21 | distributor, upon
application to the Commission, may secure a | ||||||
22 | waiver of the provisions of this
Section for purposes of | ||||||
23 | delivering beer directly to a licensee holding or
otherwise | ||||||
24 | participating in a special event sponsored by a unit of | ||||||
25 | government or
a not-for-profit organization.
| ||||||
26 | A manufacturer of beer that imports or transfers beer into |
| |||||||
| |||||||
1 | this State must comply with the provisions of this Section. | ||||||
2 | (Source: P.A. 88-535.)
| ||||||
3 | (235 ILCS 5/8-1)
| ||||||
4 | Sec. 8-1.
A tax is imposed upon the privilege of engaging | ||||||
5 | in business as a
manufacturer or as an importing distributor of | ||||||
6 | alcoholic liquor other than beer
at the rate of $0.185 per | ||||||
7 | gallon until September 1, 2009 and $0.231 per gallon beginning | ||||||
8 | September 1, 2009 for cider containing not less than
0.5% | ||||||
9 | alcohol by volume nor more than 7% alcohol by volume, $0.73
per | ||||||
10 | gallon until September 1, 2009 and $1.39 per gallon beginning | ||||||
11 | September 1, 2009 for wine other than
cider containing less | ||||||
12 | than 7% alcohol by volume, and $4.50
per gallon until September | ||||||
13 | 1, 2009 and $8.55 per gallon beginning September 1, 2009 on | ||||||
14 | alcohol and spirits manufactured and sold or used by such
| ||||||
15 | manufacturer, or as agent for any other person, or sold or used | ||||||
16 | by such
importing distributor, or as agent for any other | ||||||
17 | person. A tax is imposed
upon the privilege of engaging in | ||||||
18 | business as a manufacturer of beer or as an
importing | ||||||
19 | distributor of beer at the rate of $0.185 per gallon until | ||||||
20 | September 1, 2009 and $0.231 per gallon beginning September 1, | ||||||
21 | 2009 on
all beer manufactured and sold or used by such | ||||||
22 | manufacturer, or as agent for
any other person, or sold or used | ||||||
23 | by such importing distributor, or as agent
for any other | ||||||
24 | person. Any brewer manufacturing beer in this State shall be
| ||||||
25 | entitled to and given a credit or refund of 75% of the tax |
| |||||||
| |||||||
1 | imposed on each
gallon of beer up to 4.9 million gallons per | ||||||
2 | year in any given calendar year
for tax paid or payable on beer | ||||||
3 | produced and sold in the State of Illinois.
| ||||||
4 | For the purpose of this Section, "cider" means any | ||||||
5 | alcoholic beverage
obtained by the alcohol fermentation of the | ||||||
6 | juice of apples or pears
including, but not limited to, | ||||||
7 | flavored, sparkling, or carbonated cider.
| ||||||
8 | The credit or refund created by this Act shall apply to all | ||||||
9 | beer taxes
in the calendar years 1982 through 1986.
| ||||||
10 | The increases made by this amendatory Act of the 91st | ||||||
11 | General Assembly in
the rates of taxes imposed under this | ||||||
12 | Section shall apply beginning on July
1, 1999.
| ||||||
13 | A tax at the rate of 1¢ per gallon on beer and 48¢ per | ||||||
14 | gallon on
alcohol and spirits is also imposed upon the | ||||||
15 | privilege of engaging in
business as a retailer or as a | ||||||
16 | distributor who is not also an importing
distributor with | ||||||
17 | respect to all beer and all alcohol and spirits owned
or | ||||||
18 | possessed by such retailer or distributor when this amendatory | ||||||
19 | Act of
1969 becomes effective, and with respect to which the | ||||||
20 | additional tax
imposed by this amendatory Act upon | ||||||
21 | manufacturers and importing
distributors does not apply. | ||||||
22 | Retailers and distributors who are subject
to the additional | ||||||
23 | tax imposed by this paragraph of this Section shall be
required | ||||||
24 | to inventory such alcoholic liquor and to pay this additional
| ||||||
25 | tax in a manner prescribed by the Department.
| ||||||
26 | The provisions of this Section shall be construed to apply |
| |||||||
| |||||||
1 | to any
importing distributor engaging in business in this | ||||||
2 | State, whether
licensed or not.
| ||||||
3 | However, such tax is not imposed upon any such business as | ||||||
4 | to any
alcoholic liquor shipped outside Illinois by an Illinois | ||||||
5 | licensed
manufacturer or importing distributor, nor as to any | ||||||
6 | alcoholic liquor
delivered in Illinois by an Illinois licensed | ||||||
7 | manufacturer or importing
distributor to a purchaser for | ||||||
8 | immediate transportation by the purchaser
to another state into | ||||||
9 | which the purchaser has a legal right, under the
laws of such | ||||||
10 | state, to import such alcoholic liquor, nor as to any
alcoholic | ||||||
11 | liquor other than beer sold by one Illinois licensed
| ||||||
12 | manufacturer or importing distributor to another Illinois | ||||||
13 | licensed
manufacturer or importing distributor to the extent to | ||||||
14 | which the sale of
alcoholic liquor other than beer by one | ||||||
15 | Illinois licensed manufacturer
or importing distributor to | ||||||
16 | another Illinois licensed manufacturer or
importing | ||||||
17 | distributor is authorized by the licensing provisions of this
| ||||||
18 | Act, nor to alcoholic liquor whether manufactured in or | ||||||
19 | imported into
this State when sold to a "non-beverage user" | ||||||
20 | licensed by the State for
use in the manufacture of any of the | ||||||
21 | following when they are unfit for
beverage purposes:
| ||||||
22 | Patent and proprietary medicines and medicinal, | ||||||
23 | antiseptic, culinary
and toilet preparations;
| ||||||
24 | Flavoring extracts and syrups and food products;
| ||||||
25 | Scientific, industrial and chemical products, excepting | ||||||
26 | denatured
alcohol;
|
| |||||||
| |||||||
1 | Or for scientific, chemical, experimental or mechanical | ||||||
2 | purposes;
| ||||||
3 | Nor is the tax imposed upon the privilege of engaging in | ||||||
4 | any business
in interstate commerce or otherwise, which | ||||||
5 | business may not, under the
Constitution and Statutes of the | ||||||
6 | United States, be made the subject of
taxation by this State.
| ||||||
7 | The tax herein imposed shall be in addition to all other | ||||||
8 | occupation
or privilege taxes imposed by the State of Illinois | ||||||
9 | or political
subdivision thereof.
| ||||||
10 | If any alcoholic liquor manufactured in or imported into | ||||||
11 | this State
is sold to a licensed manufacturer or importing | ||||||
12 | distributor by a
licensed manufacturer or importing | ||||||
13 | distributor to be used solely as an
ingredient in the | ||||||
14 | manufacture of any beverage for human consumption, the
tax | ||||||
15 | imposed upon such purchasing manufacturer or importing | ||||||
16 | distributor
shall be reduced by the amount of the taxes which | ||||||
17 | have been paid by the
selling manufacturer or importing | ||||||
18 | distributor under this Act as to such
alcoholic liquor so used | ||||||
19 | to the Department of Revenue.
| ||||||
20 | If any person received any alcoholic liquors from a | ||||||
21 | manufacturer or
importing distributor, with respect to which | ||||||
22 | alcoholic liquors no tax is
imposed under this Article, and | ||||||
23 | such alcoholic liquor shall thereafter
be disposed of in such | ||||||
24 | manner or under such circumstances as may cause
the same to | ||||||
25 | become the base for the tax imposed by this Article, such
| ||||||
26 | person shall make the same reports and returns, pay the same |
| |||||||
| |||||||
1 | taxes and
be subject to all other provisions of this Article | ||||||
2 | relating to
manufacturers and importing distributors.
| ||||||
3 | Nothing in this Article shall be construed to require the | ||||||
4 | payment to
the Department of the taxes imposed by this Article | ||||||
5 | more than once with
respect to any quantity of alcoholic liquor | ||||||
6 | sold or used within this
State.
| ||||||
7 | No tax is imposed by this Act on sales of alcoholic liquor | ||||||
8 | by
Illinois licensed foreign importers to Illinois licensed | ||||||
9 | importing
distributors.
| ||||||
10 | All of the proceeds of the additional tax imposed by Public | ||||||
11 | Act 96-34 shall be deposited by the Department into the Capital | ||||||
12 | Projects Fund. The remainder of the tax imposed by this Act | ||||||
13 | shall be deposited by the Department into the General Revenue | ||||||
14 | Fund. | ||||||
15 | A manufacturer of beer that imports or transfers beer into | ||||||
16 | this State must comply with the provisions of this Section with | ||||||
17 | regard to the beer imported into this State. | ||||||
18 | The provisions of this Section 8-1 are severable under | ||||||
19 | Section 1.31 of the Statute on Statutes.
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20 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | ||||||
21 | eff. 7-13-09; 96-1000, eff. 7-2-10.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
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