Bill Text: IL HB2620 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Liquor Control Act of 1934. In provisions concerning the powers and duties of the Illinois Liquor Control Commission, provides that the Commission shall approve self-distribution exemptions if the applicant is not a member of any affiliated group that produces directly or indirectly more than a specified amount of gallons of wine, beer, and spirits per annum, and will not annually produce for sale more than the specified amount of gallons of wine, beer, and spirits per annum. Provides that the Commission may fine, suspend, or revoke a self-distribution exemption after a hearing if it finds that the exemption holder has exceeded production of a specified amount of gallons of wine, beer, or spirits in any calendar year. Sets forth provisions concerning requirements for class 3 brewer licensees. Provides that the Commission may adopt rules governing self-distribution examples. Authorizes a distributor licensee to sell mead to brewers, class 1 brewers, and class 2 brewers that sell beer, cider, or mead to non-licensees at their breweries. Provides that a self-distribution exemption for certain wine manufacturers shall allow the sale of cider, mead, or both cider and mead to brewers, class 1 brewers, class 2 brewers, and class 3 brewers that sell beer, cider, mead, or any combination thereof to non-licensees at their breweries. Sets forth provisions concerning requirements for first class and second class wine-manufacturers that manufacture beer or spirits, class 1 and class 2 craft distillers that manufacture beer, and class 1 and class 2 brewers that manufacture spirits or wine. Provides that a brewer, class 1 brewer, or class 2 brewer may sell mead for on-premises or off-premises consumption. Provides that a first class wine-maker that concurrently holds a class 1 brewer license or a class 1 craft distiller license shall not be eligible to hold a wine-maker's premises license. Provides that the Commission may issue beer showcase permit licenses. Sets forth provisions concerning beer showcase permit licenses. Changes fees for first-class wine manufacturer and first-class wine-maker licenses and establishes fees for class 3 brewer and beer showcase permit licenses. Sets forth provisions concerning stocking, rotation, resetting, and pricing services; cooperative purchase agreements; quantity discounting programs; transfer of wine or spirits by a retail licensee with multiple licenses; one-time inventory transfer of wine or spirits by a retail licensee with multiple licenses; and beer production quantity reporting. Defines terms. Makes other changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0442 [HB2620 Detail]

Download: Illinois-2021-HB2620-Enrolled.html

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HB2620 Enrolled LRB102 11692 SPS 17026 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Sections 1-3.03, 3-12, 5-1, 5-3, 6-4, 6-5, and 6-9.1
and by adding Sections 1-3.43, 1-3.44, 6-6.1, 6-9.5, 6-9.10,
6-9.15, 6-17.5, 6-37, 6-38 and 8-10.5 as follows:
(235 ILCS 5/1-3.03) (from Ch. 43, par. 95.03)
Sec. 1-3.03. "Wine" means any alcoholic beverage obtained
by the fermentation of the natural contents of fruits, or
vegetables, or honey, containing sugar, including mead and
such beverages when fortified by the addition of alcohol or
spirits, as above defined.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.43 new)
Sec. 1-3.43. Beer showcase permit license. "Beer showcase
permit" means a license for use by a class 3 brewer, or
distributor to allow for the transfer of beer only from an
existing licensed premises of a class 3 brewer or distributor
to a designated site for a specific event.
(235 ILCS 5/1-3.44 new)

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Sec. 1-3.44. Class 3 brewer. "Class 3 brewer" means a
holder of a brewer's license or a non-resident dealer's
license who manufactures no more than 155,000 gallons at any
single brewery premises and no more than 465,000 gallons of
beer per year in the aggregate, and to make sales to importing
distributors, distributors, and retail licensees in accordance
with the conditions set forth in paragraph (20) of subsection
(a) of Section 3-12.
(235 ILCS 5/3-12)
Sec. 3-12. Powers and duties of State Commission.
(a) The State Commission shall have the following powers,
functions, and duties:
(1) To receive applications and to issue licenses to
manufacturers, foreign importers, importing distributors,
distributors, non-resident dealers, on premise consumption
retailers, off premise sale retailers, special event
retailer licensees, special use permit licenses, auction
liquor licenses, brew pubs, caterer retailers,
non-beverage users, railroads, including owners and
lessees of sleeping, dining and cafe cars, airplanes,
boats, brokers, and wine maker's premises licensees in
accordance with the provisions of this Act, and to suspend
or revoke such licenses upon the State Commission's
determination, upon notice after hearing, that a licensee
has violated any provision of this Act or any rule or

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regulation issued pursuant thereto and in effect for 30
days prior to such violation. Except in the case of an
action taken pursuant to a violation of Section 6-3, 6-5,
or 6-9, any action by the State Commission to suspend or
revoke a licensee's license may be limited to the license
for the specific premises where the violation occurred. An
action for a violation of this Act shall be commenced by
the State Commission within 2 years after the date the
State Commission becomes aware of the violation.
In lieu of suspending or revoking a license, the
commission may impose a fine, upon the State Commission's
determination and notice after hearing, that a licensee
has violated any provision of this Act or any rule or
regulation issued pursuant thereto and in effect for 30
days prior to such violation.
For the purpose of this paragraph (1), when
determining multiple violations for the sale of alcohol to
a person under the age of 21, a second or subsequent
violation for the sale of alcohol to a person under the age
of 21 shall only be considered if it was committed within 5
years after the date when a prior violation for the sale of
alcohol to a person under the age of 21 was committed.
The fine imposed under this paragraph may not exceed
$500 for each violation. Each day that the activity, which
gave rise to the original fine, continues is a separate
violation. The maximum fine that may be levied against any

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licensee, for the period of the license, shall not exceed
$20,000. The maximum penalty that may be imposed on a
licensee for selling a bottle of alcoholic liquor with a
foreign object in it or serving from a bottle of alcoholic
liquor with a foreign object in it shall be the
destruction of that bottle of alcoholic liquor for the
first 10 bottles so sold or served from by the licensee.
For the eleventh bottle of alcoholic liquor and for each
third bottle thereafter sold or served from by the
licensee with a foreign object in it, the maximum penalty
that may be imposed on the licensee is the destruction of
the bottle of alcoholic liquor and a fine of up to $50.
Any notice issued by the State Commission to a
licensee for a violation of this Act or any notice with
respect to settlement or offer in compromise shall include
the field report, photographs, and any other supporting
documentation necessary to reasonably inform the licensee
of the nature and extent of the violation or the conduct
alleged to have occurred. The failure to include such
required documentation shall result in the dismissal of
the action.
(2) To adopt such rules and regulations consistent
with the provisions of this Act which shall be necessary
to carry on its functions and duties to the end that the
health, safety and welfare of the People of the State of
Illinois shall be protected and temperance in the

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consumption of alcoholic liquors shall be fostered and
promoted and to distribute copies of such rules and
regulations to all licensees affected thereby.
(3) To call upon other administrative departments of
the State, county and municipal governments, county and
city police departments and upon prosecuting officers for
such information and assistance as it deems necessary in
the performance of its duties.
(4) To recommend to local commissioners rules and
regulations, not inconsistent with the law, for the
distribution and sale of alcoholic liquors throughout the
State.
(5) To inspect, or cause to be inspected, any premises
in this State where alcoholic liquors are manufactured,
distributed, warehoused, or sold. Nothing in this Act
authorizes an agent of the State Commission to inspect
private areas within the premises without reasonable
suspicion or a warrant during an inspection. "Private
areas" include, but are not limited to, safes, personal
property, and closed desks.
(5.1) Upon receipt of a complaint or upon having
knowledge that any person is engaged in business as a
manufacturer, importing distributor, distributor, or
retailer without a license or valid license, to conduct an
investigation. If, after conducting an investigation, the
State Commission is satisfied that the alleged conduct

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occurred or is occurring, it may issue a cease and desist
notice as provided in this Act, impose civil penalties as
provided in this Act, notify the local liquor authority,
or file a complaint with the State's Attorney's Office of
the county where the incident occurred or the Attorney
General.
(5.2) Upon receipt of a complaint or upon having
knowledge that any person is shipping alcoholic liquor
into this State from a point outside of this State if the
shipment is in violation of this Act, to conduct an
investigation. If, after conducting an investigation, the
State Commission is satisfied that the alleged conduct
occurred or is occurring, it may issue a cease and desist
notice as provided in this Act, impose civil penalties as
provided in this Act, notify the foreign jurisdiction, or
file a complaint with the State's Attorney's Office of the
county where the incident occurred or the Attorney
General.
(5.3) To receive complaints from licensees, local
officials, law enforcement agencies, organizations, and
persons stating that any licensee has been or is violating
any provision of this Act or the rules and regulations
issued pursuant to this Act. Such complaints shall be in
writing, signed and sworn to by the person making the
complaint, and shall state with specificity the facts in
relation to the alleged violation. If the State Commission

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has reasonable grounds to believe that the complaint
substantially alleges a violation of this Act or rules and
regulations adopted pursuant to this Act, it shall conduct
an investigation. If, after conducting an investigation,
the State Commission is satisfied that the alleged
violation did occur, it shall proceed with disciplinary
action against the licensee as provided in this Act.
(5.4) To make arrests and issue notices of civil
violations where necessary for the enforcement of this
Act.
(5.5) To investigate any and all unlicensed activity.
(5.6) To impose civil penalties or fines to any person
who, without holding a valid license, engages in conduct
that requires a license pursuant to this Act, in an amount
not to exceed $20,000 for each offense as determined by
the State Commission. A civil penalty shall be assessed by
the State Commission after a hearing is held in accordance
with the provisions set forth in this Act regarding the
provision of a hearing for the revocation or suspension of
a license.
(6) To hear and determine appeals from orders of a
local commission in accordance with the provisions of this
Act, as hereinafter set forth. Hearings under this
subsection shall be held in Springfield or Chicago, at
whichever location is the more convenient for the majority
of persons who are parties to the hearing.

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(7) The State Commission shall establish uniform
systems of accounts to be kept by all retail licensees
having more than 4 employees, and for this purpose the
State Commission may classify all retail licensees having
more than 4 employees and establish a uniform system of
accounts for each class and prescribe the manner in which
such accounts shall be kept. The State Commission may also
prescribe the forms of accounts to be kept by all retail
licensees having more than 4 employees, including, but not
limited to, accounts of earnings and expenses and any
distribution, payment, or other distribution of earnings
or assets, and any other forms, records, and memoranda
which in the judgment of the commission may be necessary
or appropriate to carry out any of the provisions of this
Act, including, but not limited to, such forms, records,
and memoranda as will readily and accurately disclose at
all times the beneficial ownership of such retail licensed
business. The accounts, forms, records, and memoranda
shall be available at all reasonable times for inspection
by authorized representatives of the State Commission or
by any local liquor control commissioner or his or her
authorized representative. The commission, may, from time
to time, alter, amend, or repeal, in whole or in part, any
uniform system of accounts, or the form and manner of
keeping accounts.
(8) In the conduct of any hearing authorized to be

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held by the State Commission, to appoint, at the
commission's discretion, hearing officers to conduct
hearings involving complex issues or issues that will
require a protracted period of time to resolve, to
examine, or cause to be examined, under oath, any
licensee, and to examine or cause to be examined the books
and records of such licensee; to hear testimony and take
proof material for its information in the discharge of its
duties hereunder; to administer or cause to be
administered oaths; for any such purpose to issue subpoena
or subpoenas to require the attendance of witnesses and
the production of books, which shall be effective in any
part of this State, and to adopt rules to implement its
powers under this paragraph (8).
Any circuit court may, by order duly entered, require
the attendance of witnesses and the production of relevant
books subpoenaed by the State Commission and the court may
compel obedience to its order by proceedings for contempt.
(9) To investigate the administration of laws in
relation to alcoholic liquors in this and other states and
any foreign countries, and to recommend from time to time
to the Governor and through him or her to the legislature
of this State, such amendments to this Act, if any, as it
may think desirable and as will serve to further the
general broad purposes contained in Section 1-2 hereof.
(10) To adopt such rules and regulations consistent

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with the provisions of this Act which shall be necessary
for the control, sale, or disposition of alcoholic liquor
damaged as a result of an accident, wreck, flood, fire, or
other similar occurrence.
(11) To develop industry educational programs related
to responsible serving and selling, particularly in the
areas of overserving consumers and illegal underage
purchasing and consumption of alcoholic beverages.
(11.1) To license persons providing education and
training to alcohol beverage sellers and servers for
mandatory and non-mandatory training under the Beverage
Alcohol Sellers and Servers Education and Training
(BASSET) programs and to develop and administer a public
awareness program in Illinois to reduce or eliminate the
illegal purchase and consumption of alcoholic beverage
products by persons under the age of 21. Application for a
license shall be made on forms provided by the State
Commission.
(12) To develop and maintain a repository of license
and regulatory information.
(13) (Blank).
(14) On or before April 30, 2008 and every 2 years
thereafter, the State Commission shall present a written
report to the Governor and the General Assembly that shall
be based on a study of the impact of Public Act 95-634 on
the business of soliciting, selling, and shipping wine

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from inside and outside of this State directly to
residents of this State. As part of its report, the State
Commission shall provide all of the following information:
(A) The amount of State excise and sales tax
revenues generated.
(B) The amount of licensing fees received.
(C) The number of cases of wine shipped from
inside and outside of this State directly to residents
of this State.
(D) The number of alcohol compliance operations
conducted.
(E) The number of winery shipper's licenses
issued.
(F) The number of each of the following: reported
violations; cease and desist notices issued by the
Commission; notices of violations issued by the
Commission and to the Department of Revenue; and
notices and complaints of violations to law
enforcement officials, including, without limitation,
the Illinois Attorney General and the U.S. Department
of Treasury's Alcohol and Tobacco Tax and Trade
Bureau.
(15) As a means to reduce the underage consumption of
alcoholic liquors, the State Commission shall conduct
alcohol compliance operations to investigate whether
businesses that are soliciting, selling, and shipping wine

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from inside or outside of this State directly to residents
of this State are licensed by this State or are selling or
attempting to sell wine to persons under 21 years of age in
violation of this Act.
(16) The State Commission shall, in addition to
notifying any appropriate law enforcement agency, submit
notices of complaints or violations of Sections 6-29 and
6-29.1 by persons who do not hold a winery shipper's
license under this Act to the Illinois Attorney General
and to the U.S. Department of Treasury's Alcohol and
Tobacco Tax and Trade Bureau.
(17)(A) A person licensed to make wine under the laws
of another state who has a winery shipper's license under
this Act and annually produces less than 25,000 gallons of
wine or a person who has a first-class or second-class
wine manufacturer's license, a first-class or second-class
wine-maker's license, or a limited wine manufacturer's
license under this Act and annually produces less than
25,000 gallons of wine may make application to the
Commission for a self-distribution exemption to allow the
sale of not more than 5,000 gallons of the exemption
holder's wine to retail licensees per year and to sell
cider, mead, or both cider and mead to brewers, class 1
brewers, class 2 brewers, and class 3 brewers that,
pursuant to subsection (e) of Section 6-4 of this Act,
sell beer, cider, mead, or any combination thereof to

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non-licensees at their breweries.
(B) In the application, which shall be sworn under
penalty of perjury, such person shall state (1) the date
it was established; (2) its volume of production and sales
for each year since its establishment; (3) its efforts to
establish distributor relationships; (4) that a
self-distribution exemption is necessary to facilitate the
marketing of its wine; and (5) that it will comply with the
liquor and revenue laws of the United States, this State,
and any other state where it is licensed.
(C) The State Commission shall approve the application
for a self-distribution exemption if such person: (1) is
in compliance with State revenue and liquor laws; (2) is
not a member of any affiliated group that produces
directly or indirectly more than 25,000 gallons of wine
per annum, 930,000 gallons of beer per annum, or 50,000
gallons of spirits per annum or produces any other
alcoholic liquor; (3) will not annually produce for sale
more than 25,000 gallons of wine, 930,000 gallons of beer,
or 50,000 gallons of spirits; and (4) will not annually
sell more than 5,000 gallons of its wine to retail
licensees.
(D) A self-distribution exemption holder shall
annually certify to the State Commission its production of
wine in the previous 12 months and its anticipated
production and sales for the next 12 months. The State

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Commission may fine, suspend, or revoke a
self-distribution exemption after a hearing if it finds
that the exemption holder has made a material
misrepresentation in its application, violated a revenue
or liquor law of Illinois, exceeded production of 25,000
gallons of wine, 930,000 gallons of beer, or 50,000
gallons of spirits in any calendar year, or become part of
an affiliated group producing more than 25,000 gallons of
wine, 930,000 gallons of beer, or 50,000 gallons of
spirits or any other alcoholic liquor.
(E) Except in hearings for violations of this Act or
Public Act 95-634 or a bona fide investigation by duly
sworn law enforcement officials, the State Commission, or
its agents, the State Commission shall maintain the
production and sales information of a self-distribution
exemption holder as confidential and shall not release
such information to any person.
(F) The State Commission shall issue regulations
governing self-distribution exemptions consistent with
this Section and this Act.
(G) Nothing in this paragraph (17) shall prohibit a
self-distribution exemption holder from entering into or
simultaneously having a distribution agreement with a
licensed Illinois distributor.
(H) It is the intent of this paragraph (17) to promote
and continue orderly markets. The General Assembly finds

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that, in order to preserve Illinois' regulatory
distribution system, it is necessary to create an
exception for smaller makers of wine as their wines are
frequently adjusted in varietals, mixes, vintages, and
taste to find and create market niches sometimes too small
for distributor or importing distributor business
strategies. Limited self-distribution rights will afford
and allow smaller makers of wine access to the marketplace
in order to develop a customer base without impairing the
integrity of the 3-tier system.
(18)(A) A class 1 brewer licensee, who must also be
either a licensed brewer or licensed non-resident dealer
and annually manufacture less than 930,000 gallons of
beer, may make application to the State Commission for a
self-distribution exemption to allow the sale of not more
than 232,500 gallons per year of the exemption holder's
beer per year to retail licensees and to brewers, class 1
brewers, and class 2 brewers that, pursuant to subsection
(e) of Section 6-4 of this Act, sell beer, cider,, mead, or
any combination thereof or both beer and cider to
non-licensees at their breweries.
(B) In the application, which shall be sworn under
penalty of perjury, the class 1 brewer licensee shall
state (1) the date it was established; (2) its volume of
beer manufactured and sold for each year since its
establishment; (3) its efforts to establish distributor

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relationships; (4) that a self-distribution exemption is
necessary to facilitate the marketing of its beer; and (5)
that it will comply with the alcoholic beverage and
revenue laws of the United States, this State, and any
other state where it is licensed.
(C) Any application submitted shall be posted on the
State Commission's website at least 45 days prior to
action by the State Commission. The State Commission shall
approve the application for a self-distribution exemption
if the class 1 brewer licensee: (1) is in compliance with
the State, revenue, and alcoholic beverage laws; (2) is
not a member of any affiliated group that manufactures,
directly or indirectly, more than 930,000 gallons of beer
per annum, 25,000 gallons of wine per annum, or 50,000
gallons of spirits per annum or produces any other
alcoholic beverages; (3) shall not annually manufacture
for sale more than 930,000 gallons of beer, 25,000 gallons
of wine, or 50,000 gallons of spirits; (4) shall not
annually sell more than 232,500 gallons of its beer to
retail licensees and class 3 brewers and or to brewers,
class 1 brewers, and class 2 brewers that, pursuant to
subsection (e) of Section 6-4 of this Act, sell beer,
cider, mead, or any combination thereof or both beer and
cider to non-licensees at their breweries; and (5) has
relinquished any brew pub license held by the licensee,
including any ownership interest it held in the licensed

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brew pub.
(D) A self-distribution exemption holder shall
annually certify to the State Commission its manufacture
of beer during the previous 12 months and its anticipated
manufacture and sales of beer for the next 12 months. The
State Commission may fine, suspend, or revoke a
self-distribution exemption after a hearing if it finds
that the exemption holder has made a material
misrepresentation in its application, violated a revenue
or alcoholic beverage law of Illinois, exceeded the
manufacture of 930,000 gallons of beer, 25,000 gallons of
wine, or 50,000 gallons of spirits in any calendar year or
became part of an affiliated group manufacturing more than
930,000 gallons of beer, 25,000 gallons of wine, or 50,000
gallons of spirits or any other alcoholic beverage.
(E) The State Commission shall issue rules and
regulations governing self-distribution exemptions
consistent with this Act.
(F) Nothing in this paragraph (18) shall prohibit a
self-distribution exemption holder from entering into or
simultaneously having a distribution agreement with a
licensed Illinois importing distributor or a distributor.
If a self-distribution exemption holder enters into a
distribution agreement and has assigned distribution
rights to an importing distributor or distributor, then
the self-distribution exemption holder's distribution

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rights in the assigned territories shall cease in a
reasonable time not to exceed 60 days.
(G) It is the intent of this paragraph (18) to promote
and continue orderly markets. The General Assembly finds
that in order to preserve Illinois' regulatory
distribution system, it is necessary to create an
exception for smaller manufacturers in order to afford and
allow such smaller manufacturers of beer access to the
marketplace in order to develop a customer base without
impairing the integrity of the 3-tier system.
(19)(A) A class 1 craft distiller licensee or a
non-resident dealer who manufactures less than 50,000
gallons of distilled spirits per year may make application
to the State Commission for a self-distribution exemption
to allow the sale of not more than 5,000 gallons of the
exemption holder's spirits to retail licensees per year.
(B) In the application, which shall be sworn under
penalty of perjury, the class 1 craft distiller licensee
or non-resident dealer shall state (1) the date it was
established; (2) its volume of spirits manufactured and
sold for each year since its establishment; (3) its
efforts to establish distributor relationships; (4) that a
self-distribution exemption is necessary to facilitate the
marketing of its spirits; and (5) that it will comply with
the alcoholic beverage and revenue laws of the United
States, this State, and any other state where it is

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licensed.
(C) Any application submitted shall be posted on the
State Commission's website at least 45 days prior to
action by the State Commission. The State Commission shall
approve the application for a self-distribution exemption
if the applicant: (1) is in compliance with State revenue
and alcoholic beverage laws; (2) is not a member of any
affiliated group that produces more than 50,000 gallons of
spirits per annum, 930,000 gallons of beer per annum, or
25,000 gallons of wine per annum or produces any other
alcoholic liquor; (3) does not annually manufacture for
sale more than 50,000 gallons of spirits, 930,000 gallons
of beer, or 25,000 gallons of wine; and (4) does not
annually sell more than 5,000 gallons of its spirits to
retail licensees.
(D) A self-distribution exemption holder shall
annually certify to the State Commission its manufacture
of spirits during the previous 12 months and its
anticipated manufacture and sales of spirits for the next
12 months. The State Commission may fine, suspend, or
revoke a self-distribution exemption after a hearing if it
finds that the exemption holder has made a material
misrepresentation in its application, violated a revenue
or alcoholic beverage law of Illinois, exceeded the
manufacture of 50,000 gallons of spirits, 930,000 gallons
of beer, or 25,000 gallons of wine in any calendar year, or

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has become part of an affiliated group manufacturing more
than 50,000 gallons of spirits, 930,000 gallons of beer,
or 25,000 gallons of wine or any other alcoholic beverage.
(E) The State Commission shall adopt rules governing
self-distribution exemptions consistent with this Act.
(F) Nothing in this paragraph (19) shall prohibit a
self-distribution exemption holder from entering into or
simultaneously having a distribution agreement with a
licensed Illinois importing distributor or a distributor.
(G) It is the intent of this paragraph (19) to promote
and continue orderly markets. The General Assembly finds
that in order to preserve Illinois' regulatory
distribution system, it is necessary to create an
exception for smaller manufacturers in order to afford and
allow such smaller manufacturers of spirits access to the
marketplace in order to develop a customer base without
impairing the integrity of the 3-tier system.
(20)(A) A class 3 brewer licensee who must manufacture
less than 465,000 gallons of beer in the aggregate and not
more than 155,000 gallons at any single brewery premises
may make application to the State Commission for a
self-distribution exemption to allow the sale of not more
than 6,200 gallons of beer from each in-state or
out-of-state class 3 brewery premises, which shall not
exceed 18,600 gallons annually in the aggregate, that is
manufactured at a wholly owned class 3 brewer's in-state

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or out-of-state licensed premises to retail licensees and
class 3 brewers and to brewers, class 1 brewers, class 2
brewers that, pursuant to subsection (e) of Section 6-4,
sell beer, cider, or both beer and cider to non-licensees
at their licensed breweries.
(B) In the application, which shall be sworn under
penalty of perjury, the class 3 brewer licensee shall
state:
(1) the date it was established;
(2) its volume of beer manufactured and sold for
each year since its establishment;
(3) its efforts to establish distributor
relationships;
(4) that a self-distribution exemption is
necessary to facilitate the marketing of its beer; and
(5) that it will comply with the alcoholic
beverage and revenue laws of the United States, this
State, and any other state where it is licensed.
(C) Any application submitted shall be posted on the
State Commission's website at least 45 days before action
by the State Commission. The State Commission shall
approve the application for a self-distribution exemption
if the class 3 brewer licensee: (1) is in compliance with
the State, revenue, and alcoholic beverage laws; (2) is
not a member of any affiliated group that manufacturers,
directly or indirectly, more than 465,000 gallons of beer

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per annum, (3) shall not annually manufacture for sale
more than 465,000 gallons of beer or more than 155,000
gallons at any single brewery premises; and (4) shall not
annually sell more than 6,200 gallons of beer from each
in-state or out-of-state class 3 brewery premises, and
shall not exceed 18,600 gallons annually in the aggregate,
to retail licensees and class 3 brewers and to brewers,
class 1 brewers, and class 2 brewers that, pursuant to
subsection (e) of Section 6-4 of this Act, sell beer,
cider, or both beer and cider to non-licensees at their
breweries.
(D) A self-distribution exemption holder shall
annually certify to the State Commission its manufacture
of beer during the previous 12 months and its anticipated
manufacture and sales of beer for the next 12 months. The
State Commission may fine, suspend, or revoke a
self-distribution exemption after a hearing if it finds
that the exemption holder has made a material
misrepresentation in its application, violated a revenue
or alcoholic beverage law of Illinois, exceeded the
manufacture of 465,000 gallons of beer in any calendar
year or became part of an affiliated group manufacturing
more than 465,000 gallons of beer, or exceeded the sale to
retail licensees, brewers, class 1 brewers, class 2
brewers, and class 3 brewers of 6,200 gallons per brewery
location or 18,600 gallons in the aggregate.

HB2620 Enrolled - 23 - LRB102 11692 SPS 17026 b
(E) The State Commission may adopt rules governing
self-distribution exemptions consistent with this Act.
(F) Nothing in this paragraph shall prohibit a
self-distribution exemption holder from entering into or
simultaneously having a distribution agreement with a
licensed Illinois importing distributor or a distributor.
If a self-distribution exemption holder enters into a
distribution agreement and has assigned distribution
rights to an importing distributor or distributor, then
the self-distribution exemption holder's distribution
rights in the assigned territories shall cease in a
reasonable time not to exceed 60 days.
(G) It is the intent of this paragraph to promote and
continue orderly markets. The General Assembly finds that
in order to preserve Illinois' regulatory distribution
system, it is necessary to create an exception for smaller
manufacturers in order to afford and allow such smaller
manufacturers of beer access to the marketplace in order
to develop a customer base without impairing the integrity
of the 3-tier system.
(b) On or before April 30, 1999, the Commission shall
present a written report to the Governor and the General
Assembly that shall be based on a study of the impact of Public
Act 90-739 on the business of soliciting, selling, and
shipping alcoholic liquor from outside of this State directly
to residents of this State.

HB2620 Enrolled - 24 - LRB102 11692 SPS 17026 b
As part of its report, the Commission shall provide the
following information:
(i) the amount of State excise and sales tax revenues
generated as a result of Public Act 90-739;
(ii) the amount of licensing fees received as a result
of Public Act 90-739;
(iii) the number of reported violations, the number of
cease and desist notices issued by the Commission, the
number of notices of violations issued to the Department
of Revenue, and the number of notices and complaints of
violations to law enforcement officials.
(Source: P.A. 100-134, eff. 8-18-17; 100-201, eff. 8-18-17;
100-816, eff. 8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff.
8-23-18; 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 101-482,
eff. 8-23-19; revised 9-20-19.)
(235 ILCS 5/5-1) (from Ch. 43, par. 115)
(Text of Section before amendment by P.A. 101-668)
Sec. 5-1. Licenses issued by the Illinois Liquor Control
Commission shall be of the following classes:
(a) Manufacturer's license - Class 1. Distiller, Class 2.
Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer, Class
6. First Class Winemaker, Class 7. Second Class Winemaker,
Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft

HB2620 Enrolled - 25 - LRB102 11692 SPS 17026 b
Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
Class 14. Class 3 Brewer,
(b) Distributor's license,
(c) Importing Distributor's license,
(d) Retailer's license,
(e) Special Event Retailer's license (not-for-profit),
(f) Railroad license,
(g) Boat license,
(h) Non-Beverage User's license,
(i) Wine-maker's premises license,
(j) Airplane license,
(k) Foreign importer's license,
(l) Broker's license,
(m) Non-resident dealer's license,
(n) Brew Pub license,
(o) Auction liquor license,
(p) Caterer retailer license,
(q) Special use permit license,
(r) Winery shipper's license,
(s) Craft distiller tasting permit,
(t) Brewer warehouse permit,
(u) Distilling pub license,
(v) Craft distiller warehouse permit, .
(w) Beer showcase permit.
No person, firm, partnership, corporation, or other legal
business entity that is engaged in the manufacturing of wine

HB2620 Enrolled - 26 - LRB102 11692 SPS 17026 b
may concurrently obtain and hold a wine-maker's license and a
wine manufacturer's license.
(a) A manufacturer's license shall allow the manufacture,
importation in bulk, storage, distribution and sale of
alcoholic liquor to persons without the State, as may be
permitted by law and to licensees in this State as follows:
Class 1. A Distiller may make sales and deliveries of
alcoholic liquor to distillers, rectifiers, importing
distributors, distributors and non-beverage users and to no
other licensees.
Class 2. A Rectifier, who is not a distiller, as defined
herein, may make sales and deliveries of alcoholic liquor to
rectifiers, importing distributors, distributors, retailers
and non-beverage users and to no other licensees.
Class 3. A Brewer may make sales and deliveries of beer to
importing distributors and distributors and may make sales as
authorized under subsection (e) of Section 6-4 of this Act,
including any alcoholic liquor that subsection (e) of Section
6-4 authorizes a brewer to sell in its original package only to
a non-licensee for pick-up by a non-licensee either within the
interior of the brewery premises or at outside of the brewery
premises at a curb-side or parking lot adjacent to the brewery
premises, subject to any local ordinance.
Class 4. A first class wine-manufacturer may make sales
and deliveries of up to 50,000 gallons of wine to
manufacturers, importing distributors and distributors, and to

HB2620 Enrolled - 27 - LRB102 11692 SPS 17026 b
no other licensees. If a first-class wine-manufacturer
manufactures beer, it shall also obtain and shall only be
eligible for, in addition to any current license, a class 1
brewer license, shall not manufacture more than 930,000
gallons of beer per year, and shall not be a member of or
affiliated with, directly or indirectly, a manufacturer that
produces more than 930,000 gallons of beer per year. If the
first-class wine-manufacturer manufactures spirits, it shall
also obtain and shall only be eligible for, in addition to any
current license, a class 1 craft distiller license, shall not
manufacture more than 50,000 gallons of spirits per year, and
shall not be a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 50,000
gallons of spirits per year. A first-class wine-manufacturer
shall be permitted to sell wine manufactured at the
first-class wine-manufacturer premises to non-licensees.
Class 5. A second class Wine manufacturer may make sales
and deliveries of more than 50,000 gallons of wine to
manufacturers, importing distributors and distributors and to
no other licensees.
Class 6. A first-class wine-maker's license shall allow
the manufacture of up to 50,000 gallons of wine per year, and
the storage and sale of such wine to distributors in the State
and to persons without the State, as may be permitted by law. A
person who, prior to June 1, 2008 (the effective date of Public
Act 95-634), is a holder of a first-class wine-maker's license

HB2620 Enrolled - 28 - LRB102 11692 SPS 17026 b
and annually produces more than 25,000 gallons of its own wine
and who distributes its wine to licensed retailers shall cease
this practice on or before July 1, 2008 in compliance with
Public Act 95-634. If a first-class wine-maker manufactures
beer, it shall also obtain and shall only be eligible for, in
addition to any current license, a class 1 brewer license,
shall not manufacture more than 930,000 gallons of beer per
year, and shall not be a member of or affiliated with, directly
or indirectly, a manufacturer that produces more than 930,000
gallons of beer per year. If the first-class wine-maker
manufactures spirits, it shall also obtain and shall only be
eligible for, in addition to any current license, a class 1
craft distiller license, shall not manufacture more than
50,000 gallons of spirits per year, and shall not be a member
of or affiliated with, directly or indirectly, a manufacturer
that produces more than 50,000 gallons of spirits per year. A
first-class wine-maker holding a class 1 brewer license or a
class 1 craft distiller license shall not be eligible for a
wine-maker's premises license but shall be permitted to sell
wine manufactured at the first-class wine-maker premises to
non-licensees.
Class 7. A second-class wine-maker's license shall allow
the manufacture of up to between 50,000 and 150,000 gallons of
wine per year, and the storage and sale of such wine to
distributors in this State and to persons without the State,
as may be permitted by law. A person who, prior to June 1, 2008

HB2620 Enrolled - 29 - LRB102 11692 SPS 17026 b
(the effective date of Public Act 95-634), is a holder of a
second-class wine-maker's license and annually produces more
than 25,000 gallons of its own wine and who distributes its
wine to licensed retailers shall cease this practice on or
before July 1, 2008 in compliance with Public Act 95-634. If a
second-class wine-maker manufactures beer, it shall also
obtain and shall only be eligible for, in addition to any
current license, a class 2 brewer license, shall not
manufacture more than 3,720,000 gallons of beer per year, and
shall not be a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 3,720,000
gallons of beer per year. If a second-class wine-maker
manufactures spirits, it shall also obtain and shall only be
eligible for, in addition to any current license, a class 2
craft distiller license, shall not manufacture more than
100,000 gallons of spirits per year, and shall not be a member
of or affiliated with, directly or indirectly, a manufacturer
that produces more than 100,000 gallons of spirits per year.
Class 8. A limited wine-manufacturer may make sales and
deliveries not to exceed 40,000 gallons of wine per year to
distributors, and to non-licensees in accordance with the
provisions of this Act.
Class 9. A craft distiller license, which may only be held
by a class 1 craft distiller licensee or class 2 craft
distiller licensee but not held by both a class 1 craft
distiller licensee and a class 2 craft distiller licensee,

HB2620 Enrolled - 30 - LRB102 11692 SPS 17026 b
shall grant all rights conveyed by either: (i) a class 1 craft
distiller license if the craft distiller holds a class 1 craft
distiller license; or (ii) a class 2 craft distiller licensee
if the craft distiller holds a class 2 craft distiller
license.
Class 10. A class 1 craft distiller license, which may
only be issued to a licensed craft distiller or licensed
non-resident dealer, shall allow the manufacture of up to
50,000 gallons of spirits per year provided that the class 1
craft distiller licensee does not manufacture more than a
combined 50,000 gallons of spirits per year and is not a member
of or affiliated with, directly or indirectly, a manufacturer
that produces more than 50,000 gallons of spirits per year or
any other alcoholic liquor. If a class 1 craft distiller
manufactures beer, it shall also obtain and shall only be
eligible for, in addition to any current license, a class 1
brewer license, shall not manufacture more than 930,000
gallons of beer per year, and shall not be a member of or
affiliated with, directly or indirectly, a manufacturer that
produces more than 930,000 gallons of beer per year. If a class
1 craft distiller manufactures wine, it shall also obtain and
shall only be eligible for, in addition to any current
license, a first-class wine-manufacturer license or a
first-class wine-maker's license, shall not manufacture more
than 50,000 gallons of wine per year, and shall not be a member
of or affiliated with, directly or indirectly, a manufacturer

HB2620 Enrolled - 31 - LRB102 11692 SPS 17026 b
that produces more than 50,000 gallons of wine per year. A
class 1 craft distiller licensee may make sales and deliveries
to importing distributors and distributors and to retail
licensees in accordance with the conditions set forth in
paragraph (19) of subsection (a) of Section 3-12 of this Act.
However, the aggregate amount of spirits sold to non-licensees
and sold or delivered to retail licensees may not exceed 5,000
gallons per year.
A class 1 craft distiller licensee may sell up to 5,000
gallons of such spirits to non-licensees to the extent
permitted by any exemption approved by the State Commission
pursuant to Section 6-4 of this Act. A class 1 craft distiller
license holder may store such spirits at a non-contiguous
licensed location, but at no time shall a class 1 craft
distiller license holder directly or indirectly produce in the
aggregate more than 50,000 gallons of spirits per year.
A class 1 craft distiller licensee may hold more than one
class 1 craft distiller's license. However, a class 1 craft
distiller that holds more than one class 1 craft distiller
license shall not manufacture, in the aggregate, more than
50,000 gallons of spirits by distillation per year and shall
not sell, in the aggregate, more than 5,000 gallons of such
spirits to non-licensees in accordance with an exemption
approved by the State Commission pursuant to Section 6-4 of
this Act.
Class 11. A class 2 craft distiller license, which may

HB2620 Enrolled - 32 - LRB102 11692 SPS 17026 b
only be issued to a licensed craft distiller or licensed
non-resident dealer, shall allow the manufacture of up to
100,000 gallons of spirits per year provided that the class 2
craft distiller licensee does not manufacture more than a
combined 100,000 gallons of spirits per year and is not a
member of or affiliated with, directly or indirectly, a
manufacturer that produces more than 100,000 gallons of
spirits per year or any other alcoholic liquor. If a class 2
craft distiller manufactures beer, it shall also obtain and
shall only be eligible for, in addition to any current
license, a class 2 brewer license, shall not manufacture more
than 3,720,000 gallons of beer per year, and shall not be a
member of or affiliated with, directly or indirectly, a
manufacturer that produces more than 3,720,000 gallons of beer
per year. If a class 2 craft distiller manufactures wine, it
shall also obtain and shall only be eligible for, in addition
to any current license, a second-class wine-maker's license,
shall not manufacture more than 150,000 gallons of wine per
year, and shall not be a member of or affiliated with, directly
or indirectly, a manufacturer that produces more than 150,000
gallons of wine per year. A class 2 craft distiller licensee
may make sales and deliveries to importing distributors and
distributors, but shall not make sales or deliveries to any
other licensee. If the State Commission provides prior
approval, a class 2 craft distiller licensee may annually
transfer up to 100,000 gallons of spirits manufactured by that

HB2620 Enrolled - 33 - LRB102 11692 SPS 17026 b
class 2 craft distiller licensee to the premises of a licensed
class 2 craft distiller wholly owned and operated by the same
licensee. A class 2 craft distiller may transfer spirits to a
distilling pub wholly owned and operated by the class 2 craft
distiller subject to the following limitations and
restrictions: (i) the transfer shall not annually exceed more
than 5,000 gallons; (ii) the annual amount transferred shall
reduce the distilling pub's annual permitted production limit;
(iii) all spirits transferred shall be subject to Article VIII
of this Act; (iv) a written record shall be maintained by the
distiller and distilling pub specifying the amount, date of
delivery, and receipt of the product by the distilling pub;
and (v) the distilling pub shall be located no farther than 80
miles from the class 2 craft distiller's licensed location.
A class 2 craft distiller shall, prior to transferring
spirits to a distilling pub wholly owned by the class 2 craft
distiller, furnish a written notice to the State Commission of
intent to transfer spirits setting forth the name and address
of the distilling pub and shall annually submit to the State
Commission a verified report identifying the total gallons of
spirits transferred to the distilling pub wholly owned by the
class 2 craft distiller.
A class 2 craft distiller license holder may store such
spirits at a non-contiguous licensed location, but at no time
shall a class 2 craft distiller license holder directly or
indirectly produce in the aggregate more than 100,000 gallons

HB2620 Enrolled - 34 - LRB102 11692 SPS 17026 b
of spirits per year.
Class 12. A class 1 brewer license, which may only be
issued to a licensed brewer or licensed non-resident dealer,
shall allow the manufacture of up to 930,000 gallons of beer
per year provided that the class 1 brewer licensee does not
manufacture more than a combined 930,000 gallons of beer per
year and is not a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 930,000
gallons of beer per year or any other alcoholic liquor. If a
class 1 brewer manufactures spirits, it shall also obtain and
shall only be eligible for, in addition to any current
license, a class 1 craft distiller license, shall not
manufacture more than 50,000 gallons of spirits per year, and
shall not be a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 50,000
gallons of spirits per year. If a class 1 craft brewer
manufactures wine, it shall also obtain and shall only be
eligible for, in addition to any current license, a
first-class wine-manufacturer license or a first-class
wine-maker's license, shall not manufacture more than 50,000
gallons of wine per year, and shall not be a member of or
affiliated with, directly or indirectly, a manufacturer that
produces more than 50,000 gallons of wine per year. A class 1
brewer licensee may make sales and deliveries to importing
distributors and distributors and to retail licensees in
accordance with the conditions set forth in paragraph (18) of

HB2620 Enrolled - 35 - LRB102 11692 SPS 17026 b
subsection (a) of Section 3-12 of this Act. If the State
Commission provides prior approval, a class 1 brewer may
annually transfer up to 930,000 gallons of beer manufactured
by that class 1 brewer to the premises of a licensed class 1
brewer wholly owned and operated by the same licensee.
Class 13. A class 2 brewer license, which may only be
issued to a licensed brewer or licensed non-resident dealer,
shall allow the manufacture of up to 3,720,000 gallons of beer
per year provided that the class 2 brewer licensee does not
manufacture more than a combined 3,720,000 gallons of beer per
year and is not a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 3,720,000
gallons of beer per year or any other alcoholic liquor. If a
class 2 brewer manufactures spirits, it shall also obtain and
shall only be eligible for, in addition to any current
license, a class 2 craft distiller license, shall not
manufacture more than 100,000 gallons of spirits per year, and
shall not be a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 100,000
gallons of spirits per year. If a class 2 craft distiller
manufactures wine, it shall also obtain and shall only be
eligible for, in addition to any current license, a
second-class wine-maker's license, shall not manufacture more
than 150,000 gallons of wine per year, and shall not be a
member of or affiliated with, directly or indirectly, a
manufacturer that produces more than 150,000 gallons of wine a

HB2620 Enrolled - 36 - LRB102 11692 SPS 17026 b
year. A class 2 brewer licensee may make sales and deliveries
to importing distributors and distributors, but shall not make
sales or deliveries to any other licensee. If the State
Commission provides prior approval, a class 2 brewer licensee
may annually transfer up to 3,720,000 gallons of beer
manufactured by that class 2 brewer licensee to the premises
of a licensed class 2 brewer wholly owned and operated by the
same licensee.
A class 2 brewer may transfer beer to a brew pub wholly
owned and operated by the class 2 brewer subject to the
following limitations and restrictions: (i) the transfer shall
not annually exceed more than 31,000 gallons; (ii) the annual
amount transferred shall reduce the brew pub's annual
permitted production limit; (iii) all beer transferred shall
be subject to Article VIII of this Act; (iv) a written record
shall be maintained by the brewer and brew pub specifying the
amount, date of delivery, and receipt of the product by the
brew pub; and (v) the brew pub shall be located no farther than
80 miles from the class 2 brewer's licensed location.
A class 2 brewer shall, prior to transferring beer to a
brew pub wholly owned by the class 2 brewer, furnish a written
notice to the State Commission of intent to transfer beer
setting forth the name and address of the brew pub and shall
annually submit to the State Commission a verified report
identifying the total gallons of beer transferred to the brew
pub wholly owned by the class 2 brewer.

HB2620 Enrolled - 37 - LRB102 11692 SPS 17026 b
Class 14. A class 3 brewer license, which may be issued to
a brewer or a non-resident dealer, shall allow the manufacture
of no more than 465,000 gallons of beer per year and no more
than 155,000 gallons at a single brewery premises, and shall
allow the sale of no more than 6,200 gallons of beer from each
in-state or out-of-state class 3 brewery premises, or 18,600
gallons in the aggregate, to retail licensees, class 1
brewers, class 2 brewers, and class 3 brewers as long as the
class 3 brewer licensee does not manufacture more than a
combined 465,000 gallons of beer per year and is not a member
of or affiliated with, directly or indirectly, a manufacturer
that produces more than 465,000 gallons of beer per year to
make sales to importing distributors, distributors, retail
licensees, brewers, class 1 brewers, class 2 brewers, and
class 3 brewers in accordance with the conditions set forth in
paragraph (20) of subsection (a) of Section 3-12. If the State
Commission provides prior approval, a class 3 brewer may
annually transfer up to 155,000 gallons of beer manufactured
by that class 3 brewer to the premises of a licensed class 3
brewer wholly owned and operated by the same licensee. A class
3 brewer shall manufacture beer at the brewer's class 3
designated licensed premises, and may sell beer as otherwise
provided in this Act.
(a-1) A manufacturer which is licensed in this State to
make sales or deliveries of alcoholic liquor to licensed
distributors or importing distributors and which enlists

HB2620 Enrolled - 38 - LRB102 11692 SPS 17026 b
agents, representatives, or individuals acting on its behalf
who contact licensed retailers on a regular and continual
basis in this State must register those agents,
representatives, or persons acting on its behalf with the
State Commission.
Registration of agents, representatives, or persons acting
on behalf of a manufacturer is fulfilled by submitting a form
to the Commission. The form shall be developed by the
Commission and shall include the name and address of the
applicant, the name and address of the manufacturer he or she
represents, the territory or areas assigned to sell to or
discuss pricing terms of alcoholic liquor, and any other
questions deemed appropriate and necessary. All statements in
the forms required to be made by law or by rule shall be deemed
material, and any person who knowingly misstates any material
fact under oath in an application is guilty of a Class B
misdemeanor. Fraud, misrepresentation, false statements,
misleading statements, evasions, or suppression of material
facts in the securing of a registration are grounds for
suspension or revocation of the registration. The State
Commission shall post a list of registered agents on the
Commission's website.
(b) A distributor's license shall allow (i) the wholesale
purchase and storage of alcoholic liquors and sale of
alcoholic liquors to licensees in this State and to persons
without the State, as may be permitted by law; (ii) the sale of

HB2620 Enrolled - 39 - LRB102 11692 SPS 17026 b
beer, cider, mead, or any combination thereof or both beer and
cider to brewers, class 1 brewers, and class 2 brewers that,
pursuant to subsection (e) of Section 6-4 of this Act, sell
beer, cider, mead, or any combination thereof or both beer and
cider to non-licensees at their breweries; and (iii) the sale
of vermouth to class 1 craft distillers and class 2 craft
distillers that, pursuant to subsection (e) of Section 6-4 of
this Act, sell spirits, vermouth, or both spirits and vermouth
to non-licensees at their distilleries; or (iv) as otherwise
provided in this Act. No person licensed as a distributor
shall be granted a non-resident dealer's license.
(c) An importing distributor's license may be issued to
and held by those only who are duly licensed distributors,
upon the filing of an application by a duly licensed
distributor, with the Commission and the Commission shall,
without the payment of any fee, immediately issue such
importing distributor's license to the applicant, which shall
allow the importation of alcoholic liquor by the licensee into
this State from any point in the United States outside this
State, and the purchase of alcoholic liquor in barrels, casks
or other bulk containers and the bottling of such alcoholic
liquors before resale thereof, but all bottles or containers
so filled shall be sealed, labeled, stamped and otherwise made
to comply with all provisions, rules and regulations governing
manufacturers in the preparation and bottling of alcoholic
liquors. The importing distributor's license shall permit such

HB2620 Enrolled - 40 - LRB102 11692 SPS 17026 b
licensee to purchase alcoholic liquor from Illinois licensed
non-resident dealers and foreign importers only. No person
licensed as an importing distributor shall be granted a
non-resident dealer's license.
(d) A retailer's license shall allow the licensee to sell
and offer for sale at retail, only in the premises specified in
the license, alcoholic liquor for use or consumption, but not
for resale in any form. Nothing in Public Act 95-634 shall
deny, limit, remove, or restrict the ability of a holder of a
retailer's license to transfer, deliver, or ship alcoholic
liquor to the purchaser for use or consumption subject to any
applicable local law or ordinance. Any retail license issued
to a manufacturer shall only permit the manufacturer to sell
beer at retail on the premises actually occupied by the
manufacturer. For the purpose of further describing the type
of business conducted at a retail licensed premises, a
retailer's licensee may be designated by the State Commission
as (i) an on premise consumption retailer, (ii) an off premise
sale retailer, or (iii) a combined on premise consumption and
off premise sale retailer.
Notwithstanding any other provision of this subsection
(d), a retail licensee may sell alcoholic liquors to a special
event retailer licensee for resale to the extent permitted
under subsection (e).
(e) A special event retailer's license (not-for-profit)
shall permit the licensee to purchase alcoholic liquors from

HB2620 Enrolled - 41 - LRB102 11692 SPS 17026 b
an Illinois licensed distributor (unless the licensee
purchases less than $500 of alcoholic liquors for the special
event, in which case the licensee may purchase the alcoholic
liquors from a licensed retailer) and shall allow the licensee
to sell and offer for sale, at retail, alcoholic liquors for
use or consumption, but not for resale in any form and only at
the location and on the specific dates designated for the
special event in the license. An applicant for a special event
retailer license must (i) furnish with the application: (A) a
resale number issued under Section 2c of the Retailers'
Occupation Tax Act or evidence that the applicant is
registered under Section 2a of the Retailers' Occupation Tax
Act, (B) a current, valid exemption identification number
issued under Section 1g of the Retailers' Occupation Tax Act,
and a certification to the Commission that the purchase of
alcoholic liquors will be a tax-exempt purchase, or (C) a
statement that the applicant is not registered under Section
2a of the Retailers' Occupation Tax Act, does not hold a resale
number under Section 2c of the Retailers' Occupation Tax Act,
and does not hold an exemption number under Section 1g of the
Retailers' Occupation Tax Act, in which event the Commission
shall set forth on the special event retailer's license a
statement to that effect; (ii) submit with the application
proof satisfactory to the State Commission that the applicant
will provide dram shop liability insurance in the maximum
limits; and (iii) show proof satisfactory to the State

HB2620 Enrolled - 42 - LRB102 11692 SPS 17026 b
Commission that the applicant has obtained local authority
approval.
Nothing in this Act prohibits an Illinois licensed
distributor from offering credit or a refund for unused,
salable alcoholic liquors to a holder of a special event
retailer's license or the special event retailer's licensee
from accepting the credit or refund of alcoholic liquors at
the conclusion of the event specified in the license.
(f) A railroad license shall permit the licensee to import
alcoholic liquors into this State from any point in the United
States outside this State and to store such alcoholic liquors
in this State; to make wholesale purchases of alcoholic
liquors directly from manufacturers, foreign importers,
distributors and importing distributors from within or outside
this State; and to store such alcoholic liquors in this State;
provided that the above powers may be exercised only in
connection with the importation, purchase or storage of
alcoholic liquors to be sold or dispensed on a club, buffet,
lounge or dining car operated on an electric, gas or steam
railway in this State; and provided further, that railroad
licensees exercising the above powers shall be subject to all
provisions of Article VIII of this Act as applied to importing
distributors. A railroad license shall also permit the
licensee to sell or dispense alcoholic liquors on any club,
buffet, lounge or dining car operated on an electric, gas or
steam railway regularly operated by a common carrier in this

HB2620 Enrolled - 43 - LRB102 11692 SPS 17026 b
State, but shall not permit the sale for resale of any
alcoholic liquors to any licensee within this State. A license
shall be obtained for each car in which such sales are made.
(g) A boat license shall allow the sale of alcoholic
liquor in individual drinks, on any passenger boat regularly
operated as a common carrier on navigable waters in this State
or on any riverboat operated under the Illinois Gambling Act,
which boat or riverboat maintains a public dining room or
restaurant thereon.
(h) A non-beverage user's license shall allow the licensee
to purchase alcoholic liquor from a licensed manufacturer or
importing distributor, without the imposition of any tax upon
the business of such licensed manufacturer or importing
distributor as to such alcoholic liquor to be used by such
licensee solely for the non-beverage purposes set forth in
subsection (a) of Section 8-1 of this Act, and such licenses
shall be divided and classified and shall permit the purchase,
possession and use of limited and stated quantities of
alcoholic liquor as follows:
Class 1, not to exceed ......................... 500 gallons
Class 2, not to exceed ....................... 1,000 gallons
Class 3, not to exceed ....................... 5,000 gallons
Class 4, not to exceed ...................... 10,000 gallons
Class 5, not to exceed ....................... 50,000 gallons
(i) A wine-maker's premises license shall allow a licensee
that concurrently holds a first-class wine-maker's license to

HB2620 Enrolled - 44 - LRB102 11692 SPS 17026 b
sell and offer for sale at retail in the premises specified in
such license not more than 50,000 gallons of the first-class
wine-maker's wine that is made at the first-class wine-maker's
licensed premises per year for use or consumption, but not for
resale in any form. A first-class wine-maker that concurrently
holds a class 1 brewer license or a class 1 craft distiller
license shall not be eligible to hold a wine-maker's premises
license. A wine-maker's premises license shall allow a
licensee who concurrently holds a second-class wine-maker's
license to sell and offer for sale at retail in the premises
specified in such license up to 100,000 gallons of the
second-class wine-maker's wine that is made at the
second-class wine-maker's licensed premises per year for use
or consumption but not for resale in any form. A wine-maker's
premises license shall allow a licensee that concurrently
holds a first-class wine-maker's license or a second-class
wine-maker's license to sell and offer for sale at retail at
the premises specified in the wine-maker's premises license,
for use or consumption but not for resale in any form, any
beer, wine, and spirits purchased from a licensed distributor.
Upon approval from the State Commission, a wine-maker's
premises license shall allow the licensee to sell and offer
for sale at (i) the wine-maker's licensed premises and (ii) at
up to 2 additional locations for use and consumption and not
for resale. Each location shall require additional licensing
per location as specified in Section 5-3 of this Act. A

HB2620 Enrolled - 45 - LRB102 11692 SPS 17026 b
wine-maker's premises licensee shall secure liquor liability
insurance coverage in an amount at least equal to the maximum
liability amounts set forth in subsection (a) of Section 6-21
of this Act.
(j) An airplane license shall permit the licensee to
import alcoholic liquors into this State from any point in the
United States outside this State and to store such alcoholic
liquors in this State; to make wholesale purchases of
alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from within
or outside this State; and to store such alcoholic liquors in
this State; provided that the above powers may be exercised
only in connection with the importation, purchase or storage
of alcoholic liquors to be sold or dispensed on an airplane;
and provided further, that airplane licensees exercising the
above powers shall be subject to all provisions of Article
VIII of this Act as applied to importing distributors. An
airplane licensee shall also permit the sale or dispensing of
alcoholic liquors on any passenger airplane regularly operated
by a common carrier in this State, but shall not permit the
sale for resale of any alcoholic liquors to any licensee
within this State. A single airplane license shall be required
of an airline company if liquor service is provided on board
aircraft in this State. The annual fee for such license shall
be as determined in Section 5-3.
(k) A foreign importer's license shall permit such

HB2620 Enrolled - 46 - LRB102 11692 SPS 17026 b
licensee to purchase alcoholic liquor from Illinois licensed
non-resident dealers only, and to import alcoholic liquor
other than in bulk from any point outside the United States and
to sell such alcoholic liquor to Illinois licensed importing
distributors and to no one else in Illinois; provided that (i)
the foreign importer registers with the State Commission every
brand of alcoholic liquor that it proposes to sell to Illinois
licensees during the license period, (ii) the foreign importer
complies with all of the provisions of Section 6-9 of this Act
with respect to registration of such Illinois licensees as may
be granted the right to sell such brands at wholesale, and
(iii) the foreign importer complies with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers.
(l) (i) A broker's license shall be required of all
persons who solicit orders for, offer to sell or offer to
supply alcoholic liquor to retailers in the State of Illinois,
or who offer to retailers to ship or cause to be shipped or to
make contact with distillers, craft distillers, rectifiers,
brewers or manufacturers or any other party within or without
the State of Illinois in order that alcoholic liquors be
shipped to a distributor, importing distributor or foreign
importer, whether such solicitation or offer is consummated
within or without the State of Illinois.
No holder of a retailer's license issued by the Illinois
Liquor Control Commission shall purchase or receive any

HB2620 Enrolled - 47 - LRB102 11692 SPS 17026 b
alcoholic liquor, the order for which was solicited or offered
for sale to such retailer by a broker unless the broker is the
holder of a valid broker's license.
The broker shall, upon the acceptance by a retailer of the
broker's solicitation of an order or offer to sell or supply or
deliver or have delivered alcoholic liquors, promptly forward
to the Illinois Liquor Control Commission a notification of
said transaction in such form as the Commission may by
regulations prescribe.
(ii) A broker's license shall be required of a person
within this State, other than a retail licensee, who, for a fee
or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for resale,
to be shipped from this State and delivered to residents
outside of this State by an express company, common carrier,
or contract carrier. This Section does not apply to any person
who promotes, solicits, or accepts orders for wine as
specifically authorized in Section 6-29 of this Act.
A broker's license under this subsection (l) shall not
entitle the holder to buy or sell any alcoholic liquors for his
own account or to take or deliver title to such alcoholic
liquors.
This subsection (l) shall not apply to distributors,
employees of distributors, or employees of a manufacturer who
has registered the trademark, brand or name of the alcoholic
liquor pursuant to Section 6-9 of this Act, and who regularly

HB2620 Enrolled - 48 - LRB102 11692 SPS 17026 b
sells such alcoholic liquor in the State of Illinois only to
its registrants thereunder.
Any agent, representative, or person subject to
registration pursuant to subsection (a-1) of this Section
shall not be eligible to receive a broker's license.
(m) A non-resident dealer's license shall permit such
licensee to ship into and warehouse alcoholic liquor into this
State from any point outside of this State, and to sell such
alcoholic liquor to Illinois licensed foreign importers and
importing distributors and to no one else in this State;
provided that (i) said non-resident dealer shall register with
the Illinois Liquor Control Commission each and every brand of
alcoholic liquor which it proposes to sell to Illinois
licensees during the license period, (ii) it shall comply with
all of the provisions of Section 6-9 hereof with respect to
registration of such Illinois licensees as may be granted the
right to sell such brands at wholesale by duly filing such
registration statement, thereby authorizing the non-resident
dealer to proceed to sell such brands at wholesale, and (iii)
the non-resident dealer shall comply with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers. No person licensed as a
non-resident dealer shall be granted a distributor's or
importing distributor's license.
(n) A brew pub license shall allow the licensee to only (i)
manufacture up to 155,000 gallons of beer per year only on the

HB2620 Enrolled - 49 - LRB102 11692 SPS 17026 b
premises specified in the license, (ii) make sales of the beer
manufactured on the premises or, with the approval of the
Commission, beer manufactured on another brew pub licensed
premises that is wholly owned and operated by the same
licensee to importing distributors, distributors, and to
non-licensees for use and consumption, (iii) store the beer
upon the premises, (iv) sell and offer for sale at retail from
the licensed premises for off-premises consumption no more
than 155,000 gallons per year so long as such sales are only
made in-person, (v) sell and offer for sale at retail for use
and consumption on the premises specified in the license any
form of alcoholic liquor purchased from a licensed distributor
or importing distributor, (vi) with the prior approval of the
Commission, annually transfer no more than 155,000 gallons of
beer manufactured on the premises to a licensed brew pub
wholly owned and operated by the same licensee, and (vii)
notwithstanding item (i) of this subsection, brew pubs wholly
owned and operated by the same licensee may combine each
location's production limit of 155,000 gallons of beer per
year and allocate the aggregate total between the wholly
owned, operated, and licensed locations.
A brew pub licensee shall not under any circumstance sell
or offer for sale beer manufactured by the brew pub licensee to
retail licensees.
A person who holds a class 2 brewer license may
simultaneously hold a brew pub license if the class 2 brewer

HB2620 Enrolled - 50 - LRB102 11692 SPS 17026 b
(i) does not, under any circumstance, sell or offer for sale
beer manufactured by the class 2 brewer to retail licensees;
(ii) does not hold more than 3 brew pub licenses in this State;
(iii) does not manufacture more than a combined 3,720,000
gallons of beer per year, including the beer manufactured at
the brew pub; and (iv) is not a member of or affiliated with,
directly or indirectly, a manufacturer that produces more than
3,720,000 gallons of beer per year or any other alcoholic
liquor.
Notwithstanding any other provision of this Act, a
licensed brewer, class 2 brewer, or non-resident dealer who
before July 1, 2015 manufactured less than 3,720,000 gallons
of beer per year and held a brew pub license on or before July
1, 2015 may (i) continue to qualify for and hold that brew pub
license for the licensed premises and (ii) manufacture more
than 3,720,000 gallons of beer per year and continue to
qualify for and hold that brew pub license if that brewer,
class 2 brewer, or non-resident dealer does not simultaneously
hold a class 1 brewer license and is not a member of or
affiliated with, directly or indirectly, a manufacturer that
produces more than 3,720,000 gallons of beer per year or that
produces any other alcoholic liquor.
A brew pub licensee may apply for a class 3 brewer license
and upon: (i) meeting all applicable qualifications of this
Act, and relinquishing all commonly owned brew pub or retail
licenses shall be issued a class 3 brewer license. Nothing in

HB2620 Enrolled - 51 - LRB102 11692 SPS 17026 b
this Act shall prohibit the issuance of a class 3 brewer
license if the applicant:
(1) has a valid retail license on or before May 1,
2021;
(2) has an ownership interest in at least two brew
pubs licenses on or before May 1, 2021;
(3) the brew pub licensee applies for a class 3 brewer
license on or before October 1, 2022 and relinquishes all
commonly owned brew pub licenses; and
(4) relinquishes all commonly owned retail licenses on
or before December 31, 2022.
If a brew pub licensee is issued a class 3 brewer license,
the class 3 brewer license shall expire on the same date as the
existing brew pub license and the State Commission shall not
require a class 3 brewer licensee to obtain a brewer license,
or in the alternative to pay a fee for a brewer license, until
the date the brew pub license of the applicant would have
expired.
(o) A caterer retailer license shall allow the holder to
serve alcoholic liquors as an incidental part of a food
service that serves prepared meals which excludes the serving
of snacks as the primary meal, either on or off-site whether
licensed or unlicensed. A caterer retailer license shall allow
the holder, a distributor, or an importing distributor to
transfer any inventory to and from the holder's retail
premises and shall allow the holder to purchase alcoholic

HB2620 Enrolled - 52 - LRB102 11692 SPS 17026 b
liquor from a distributor or importing distributor to be
delivered directly to an off-site event.
Nothing in this Act prohibits a distributor or importing
distributor from offering credit or a refund for unused,
salable beer to a holder of a caterer retailer license or a
caterer retailer licensee from accepting a credit or refund
for unused, salable beer, in the event an act of God is the
sole reason an off-site event is cancelled and if: (i) the
holder of a caterer retailer license has not transferred
alcoholic liquor from its caterer retailer premises to an
off-site location; (ii) the distributor or importing
distributor offers the credit or refund for the unused,
salable beer that it delivered to the off-site premises and
not for any unused, salable beer that the distributor or
importing distributor delivered to the caterer retailer's
premises; and (iii) the unused, salable beer would likely
spoil if transferred to the caterer retailer's premises. A
caterer retailer license shall allow the holder to transfer
any inventory from any off-site location to its caterer
retailer premises at the conclusion of an off-site event or
engage a distributor or importing distributor to transfer any
inventory from any off-site location to its caterer retailer
premises at the conclusion of an off-site event, provided that
the distributor or importing distributor issues bona fide
charges to the caterer retailer licensee for fuel, labor, and
delivery and the distributor or importing distributor collects

HB2620 Enrolled - 53 - LRB102 11692 SPS 17026 b
payment from the caterer retailer licensee prior to the
distributor or importing distributor transferring inventory to
the caterer retailer premises.
For purposes of this subsection (o), an "act of God" means
an unforeseeable event, such as a rain or snow storm, hail, a
flood, or a similar event, that is the sole cause of the
cancellation of an off-site, outdoor event.
(p) An auction liquor license shall allow the licensee to
sell and offer for sale at auction wine and spirits for use or
consumption, or for resale by an Illinois liquor licensee in
accordance with provisions of this Act. An auction liquor
license will be issued to a person and it will permit the
auction liquor licensee to hold the auction anywhere in the
State. An auction liquor license must be obtained for each
auction at least 14 days in advance of the auction date.
(q) A special use permit license shall allow an Illinois
licensed retailer to transfer a portion of its alcoholic
liquor inventory from its retail licensed premises to the
premises specified in the license hereby created; to purchase
alcoholic liquor from a distributor or importing distributor
to be delivered directly to the location specified in the
license hereby created; and to sell or offer for sale at
retail, only in the premises specified in the license hereby
created, the transferred or delivered alcoholic liquor for use
or consumption, but not for resale in any form. A special use
permit license may be granted for the following time periods:

HB2620 Enrolled - 54 - LRB102 11692 SPS 17026 b
one day or less; 2 or more days to a maximum of 15 days per
location in any 12-month period. An applicant for the special
use permit license must also submit with the application proof
satisfactory to the State Commission that the applicant will
provide dram shop liability insurance to the maximum limits
and have local authority approval.
A special use permit license shall allow the holder to
transfer any inventory from the holder's special use premises
to its retail premises at the conclusion of the special use
event or engage a distributor or importing distributor to
transfer any inventory from the holder's special use premises
to its retail premises at the conclusion of an off-site event,
provided that the distributor or importing distributor issues
bona fide charges to the special use permit licensee for fuel,
labor, and delivery and the distributor or importing
distributor collects payment from the retail licensee prior to
the distributor or importing distributor transferring
inventory to the retail premises.
Nothing in this Act prohibits a distributor or importing
distributor from offering credit or a refund for unused,
salable beer to a special use permit licensee or a special use
permit licensee from accepting a credit or refund for unused,
salable beer at the conclusion of the event specified in the
license if: (i) the holder of the special use permit license
has not transferred alcoholic liquor from its retail licensed
premises to the premises specified in the special use permit

HB2620 Enrolled - 55 - LRB102 11692 SPS 17026 b
license; (ii) the distributor or importing distributor offers
the credit or refund for the unused, salable beer that it
delivered to the premises specified in the special use permit
license and not for any unused, salable beer that the
distributor or importing distributor delivered to the
retailer's premises; and (iii) the unused, salable beer would
likely spoil if transferred to the retailer premises.
(r) A winery shipper's license shall allow a person with a
first-class or second-class wine manufacturer's license, a
first-class or second-class wine-maker's license, or a limited
wine manufacturer's license or who is licensed to make wine
under the laws of another state to ship wine made by that
licensee directly to a resident of this State who is 21 years
of age or older for that resident's personal use and not for
resale. Prior to receiving a winery shipper's license, an
applicant for the license must provide the Commission with a
true copy of its current license in any state in which it is
licensed as a manufacturer of wine. An applicant for a winery
shipper's license must also complete an application form that
provides any other information the Commission deems necessary.
The application form shall include all addresses from which
the applicant for a winery shipper's license intends to ship
wine, including the name and address of any third party,
except for a common carrier, authorized to ship wine on behalf
of the manufacturer. The application form shall include an
acknowledgement consenting to the jurisdiction of the

HB2620 Enrolled - 56 - LRB102 11692 SPS 17026 b
Commission, the Illinois Department of Revenue, and the courts
of this State concerning the enforcement of this Act and any
related laws, rules, and regulations, including authorizing
the Department of Revenue and the Commission to conduct audits
for the purpose of ensuring compliance with Public Act 95-634,
and an acknowledgement that the wine manufacturer is in
compliance with Section 6-2 of this Act. Any third party,
except for a common carrier, authorized to ship wine on behalf
of a first-class or second-class wine manufacturer's licensee,
a first-class or second-class wine-maker's licensee, a limited
wine manufacturer's licensee, or a person who is licensed to
make wine under the laws of another state shall also be
disclosed by the winery shipper's licensee, and a copy of the
written appointment of the third-party wine provider, except
for a common carrier, to the wine manufacturer shall be filed
with the State Commission as a supplement to the winery
shipper's license application or any renewal thereof. The
winery shipper's license holder shall affirm under penalty of
perjury, as part of the winery shipper's license application
or renewal, that he or she only ships wine, either directly or
indirectly through a third-party provider, from the licensee's
own production.
Except for a common carrier, a third-party provider
shipping wine on behalf of a winery shipper's license holder
is the agent of the winery shipper's license holder and, as
such, a winery shipper's license holder is responsible for the

HB2620 Enrolled - 57 - LRB102 11692 SPS 17026 b
acts and omissions of the third-party provider acting on
behalf of the license holder. A third-party provider, except
for a common carrier, that engages in shipping wine into
Illinois on behalf of a winery shipper's license holder shall
consent to the jurisdiction of the State Commission and the
State. Any third-party, except for a common carrier, holding
such an appointment shall, by February 1 of each calendar year
and upon request by the State Commission or the Department of
Revenue, file with the State Commission a statement detailing
each shipment made to an Illinois resident. The statement
shall include the name and address of the third-party provider
filing the statement, the time period covered by the
statement, and the following information:
(1) the name, address, and license number of the
winery shipper on whose behalf the shipment was made;
(2) the quantity of the products delivered; and
(3) the date and address of the shipment.
If the Department of Revenue or the State Commission requests
a statement under this paragraph, the third-party provider
must provide that statement no later than 30 days after the
request is made. Any books, records, supporting papers, and
documents containing information and data relating to a
statement under this paragraph shall be kept and preserved for
a period of 3 years, unless their destruction sooner is
authorized, in writing, by the Director of Revenue, and shall
be open and available to inspection by the Director of Revenue

HB2620 Enrolled - 58 - LRB102 11692 SPS 17026 b
or the State Commission or any duly authorized officer, agent,
or employee of the State Commission or the Department of
Revenue, at all times during business hours of the day. Any
person who violates any provision of this paragraph or any
rule of the State Commission for the administration and
enforcement of the provisions of this paragraph is guilty of a
Class C misdemeanor. In case of a continuing violation, each
day's continuance thereof shall be a separate and distinct
offense.
The State Commission shall adopt rules as soon as
practicable to implement the requirements of Public Act 99-904
and shall adopt rules prohibiting any such third-party
appointment of a third-party provider, except for a common
carrier, that has been deemed by the State Commission to have
violated the provisions of this Act with regard to any winery
shipper licensee.
A winery shipper licensee must pay to the Department of
Revenue the State liquor gallonage tax under Section 8-1 for
all wine that is sold by the licensee and shipped to a person
in this State. For the purposes of Section 8-1, a winery
shipper licensee shall be taxed in the same manner as a
manufacturer of wine. A licensee who is not otherwise required
to register under the Retailers' Occupation Tax Act must
register under the Use Tax Act to collect and remit use tax to
the Department of Revenue for all gallons of wine that are sold
by the licensee and shipped to persons in this State. If a

HB2620 Enrolled - 59 - LRB102 11692 SPS 17026 b
licensee fails to remit the tax imposed under this Act in
accordance with the provisions of Article VIII of this Act,
the winery shipper's license shall be revoked in accordance
with the provisions of Article VII of this Act. If a licensee
fails to properly register and remit tax under the Use Tax Act
or the Retailers' Occupation Tax Act for all wine that is sold
by the winery shipper and shipped to persons in this State, the
winery shipper's license shall be revoked in accordance with
the provisions of Article VII of this Act.
A winery shipper licensee must collect, maintain, and
submit to the Commission on a semi-annual basis the total
number of cases per resident of wine shipped to residents of
this State. A winery shipper licensed under this subsection
(r) must comply with the requirements of Section 6-29 of this
Act.
Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
Section 3-12, the State Commission may receive, respond to,
and investigate any complaint and impose any of the remedies
specified in paragraph (1) of subsection (a) of Section 3-12.
As used in this subsection, "third-party provider" means
any entity that provides fulfillment house services, including
warehousing, packaging, distribution, order processing, or
shipment of wine, but not the sale of wine, on behalf of a
licensed winery shipper.
(s) A craft distiller tasting permit license shall allow
an Illinois licensed class 1 craft distiller or class 2 craft

HB2620 Enrolled - 60 - LRB102 11692 SPS 17026 b
distiller to transfer a portion of its alcoholic liquor
inventory from its class 1 craft distiller or class 2 craft
distiller licensed premises to the premises specified in the
license hereby created and to conduct a sampling, only in the
premises specified in the license hereby created, of the
transferred alcoholic liquor in accordance with subsection (c)
of Section 6-31 of this Act. The transferred alcoholic liquor
may not be sold or resold in any form. An applicant for the
craft distiller tasting permit license must also submit with
the application proof satisfactory to the State Commission
that the applicant will provide dram shop liability insurance
to the maximum limits and have local authority approval.
(t) A brewer warehouse permit may be issued to the holder
of a class 1 brewer license or a class 2 brewer license. If the
holder of the permit is a class 1 brewer licensee, the brewer
warehouse permit shall allow the holder to store or warehouse
up to 930,000 gallons of tax-determined beer manufactured by
the holder of the permit at the premises specified on the
permit. If the holder of the permit is a class 2 brewer
licensee, the brewer warehouse permit shall allow the holder
to store or warehouse up to 3,720,000 gallons of
tax-determined beer manufactured by the holder of the permit
at the premises specified on the permit. Sales to
non-licensees are prohibited at the premises specified in the
brewer warehouse permit.
(u) A distilling pub license shall allow the licensee to

HB2620 Enrolled - 61 - LRB102 11692 SPS 17026 b
only (i) manufacture up to 5,000 gallons of spirits per year
only on the premises specified in the license, (ii) make sales
of the spirits manufactured on the premises or, with the
approval of the State Commission, spirits manufactured on
another distilling pub licensed premises that is wholly owned
and operated by the same licensee to importing distributors
and distributors and to non-licensees for use and consumption,
(iii) store the spirits upon the premises, (iv) sell and offer
for sale at retail from the licensed premises for off-premises
consumption no more than 5,000 gallons per year so long as such
sales are only made in-person, (v) sell and offer for sale at
retail for use and consumption on the premises specified in
the license any form of alcoholic liquor purchased from a
licensed distributor or importing distributor, and (vi) with
the prior approval of the State Commission, annually transfer
no more than 5,000 gallons of spirits manufactured on the
premises to a licensed distilling pub wholly owned and
operated by the same licensee.
A distilling pub licensee shall not under any circumstance
sell or offer for sale spirits manufactured by the distilling
pub licensee to retail licensees.
A person who holds a class 2 craft distiller license may
simultaneously hold a distilling pub license if the class 2
craft distiller (i) does not, under any circumstance, sell or
offer for sale spirits manufactured by the class 2 craft
distiller to retail licensees; (ii) does not hold more than 3

HB2620 Enrolled - 62 - LRB102 11692 SPS 17026 b
distilling pub licenses in this State; (iii) does not
manufacture more than a combined 100,000 gallons of spirits
per year, including the spirits manufactured at the distilling
pub; and (iv) is not a member of or affiliated with, directly
or indirectly, a manufacturer that produces more than 100,000
gallons of spirits per year or any other alcoholic liquor.
(v) A craft distiller warehouse permit may be issued to
the holder of a class 1 craft distiller or class 2 craft
distiller license. The craft distiller warehouse permit shall
allow the holder to store or warehouse up to 500,000 gallons of
spirits manufactured by the holder of the permit at the
premises specified on the permit. Sales to non-licensees are
prohibited at the premises specified in the craft distiller
warehouse permit.
(w) A beer showcase permit license shall allow an
Illinois-licensed distributor to transfer a portion of its
beer inventory from its licensed premises to the premises
specified in the beer showcase permit license, and, in the
case of a class 3 brewer, transfer only beer the class 3 brewer
manufactures from its licensed premises to the premises
specified in the beer showcase permit license; and to sell or
offer for sale at retail, only in the premises specified in the
beer showcase permit license, the transferred or delivered
beer for on or off premise consumption, but not for resale in
any form and to sell to non-licensees not more than 96 fluid
ounces of beer per person. A beer showcase permit license may

HB2620 Enrolled - 63 - LRB102 11692 SPS 17026 b
be granted for the following time periods: one day or less; or
2 or more days to a maximum of 15 days per location in any
12-month period. An applicant for a beer showcase permit
license must also submit with the application proof
satisfactory to the State Commission that the applicant will
provide dram shop liability insurance to the maximum limits
and have local authority approval. The State Commission shall
require the beer showcase applicant to comply with Section
6-27.1.
(Source: P.A. 100-17, eff. 6-30-17; 100-201, eff. 8-18-17;
100-816, eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff.
8-23-18; 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; 101-81,
eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. 8-23-19;
101-615, eff. 12-20-19.)
(Text of Section after amendment by P.A. 101-668)
Sec. 5-1. Licenses issued by the Illinois Liquor Control
Commission shall be of the following classes:
(a) Manufacturer's license - Class 1. Distiller, Class 2.
Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer, Class
6. First Class Winemaker, Class 7. Second Class Winemaker,
Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft
Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
Class 14. Class 3 Brewer,

HB2620 Enrolled - 64 - LRB102 11692 SPS 17026 b
(b) Distributor's license,
(c) Importing Distributor's license,
(d) Retailer's license,
(e) Special Event Retailer's license (not-for-profit),
(f) Railroad license,
(g) Boat license,
(h) Non-Beverage User's license,
(i) Wine-maker's premises license,
(j) Airplane license,
(k) Foreign importer's license,
(l) Broker's license,
(m) Non-resident dealer's license,
(n) Brew Pub license,
(o) Auction liquor license,
(p) Caterer retailer license,
(q) Special use permit license,
(r) Winery shipper's license,
(s) Craft distiller tasting permit,
(t) Brewer warehouse permit,
(u) Distilling pub license,
(v) Craft distiller warehouse permit, .
(w) Beer showcase permit.
No person, firm, partnership, corporation, or other legal
business entity that is engaged in the manufacturing of wine
may concurrently obtain and hold a wine-maker's license and a
wine manufacturer's license.

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(a) A manufacturer's license shall allow the manufacture,
importation in bulk, storage, distribution and sale of
alcoholic liquor to persons without the State, as may be
permitted by law and to licensees in this State as follows:
Class 1. A Distiller may make sales and deliveries of
alcoholic liquor to distillers, rectifiers, importing
distributors, distributors and non-beverage users and to no
other licensees.
Class 2. A Rectifier, who is not a distiller, as defined
herein, may make sales and deliveries of alcoholic liquor to
rectifiers, importing distributors, distributors, retailers
and non-beverage users and to no other licensees.
Class 3. A Brewer may make sales and deliveries of beer to
importing distributors and distributors and may make sales as
authorized under subsection (e) of Section 6-4 of this Act,
including any alcoholic liquor that subsection (e) of Section
6-4 authorizes a brewer to sell in its original package only to
a non-licensee for pick-up by a non-licensee either within the
interior of the brewery premises or at outside of the brewery
premises at a curb-side or parking lot adjacent to the brewery
premises, subject to any local ordinance.
Class 4. A first class wine-manufacturer may make sales
and deliveries of up to 50,000 gallons of wine to
manufacturers, importing distributors and distributors, and to
no other licensees. If a first-class wine-manufacturer
manufactures beer, it shall also obtain and shall only be

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eligible for, in addition to any current license, a class 1
brewer license, shall not manufacture more than 930,000
gallons of beer per year, and shall not be a member of or
affiliated with, directly or indirectly, a manufacturer that
produces more than 930,000 gallons of beer per year. If the
first-class wine-manufacturer manufactures spirits, it shall
also obtain and shall only be eligible for, in addition to any
current license, a class 1 craft distiller license, shall not
manufacture more than 50,000 gallons of spirits per year, and
shall not be a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 50,000
gallons of spirits per year. A first-class wine-manufacturer
shall be permitted to sell wine manufactured at the
first-class wine-manufacturer premises to non-licensees.
Class 5. A second class Wine manufacturer may make sales
and deliveries of more than 50,000 gallons of wine to
manufacturers, importing distributors and distributors and to
no other licensees.
Class 6. A first-class wine-maker's license shall allow
the manufacture of up to 50,000 gallons of wine per year, and
the storage and sale of such wine to distributors in the State
and to persons without the State, as may be permitted by law. A
person who, prior to June 1, 2008 (the effective date of Public
Act 95-634), is a holder of a first-class wine-maker's license
and annually produces more than 25,000 gallons of its own wine
and who distributes its wine to licensed retailers shall cease

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this practice on or before July 1, 2008 in compliance with
Public Act 95-634. If a first-class wine-maker manufactures
beer, it shall also obtain and shall only be eligible for, in
addition to any current license, a class 1 brewer license,
shall not manufacture more than 930,000 gallons of beer per
year, and shall not be a member of or affiliated with, directly
or indirectly, a manufacturer that produces more than 930,000
gallons of beer per year. If the first-class wine-maker
manufactures spirits, it shall also obtain and shall only be
eligible for, in addition to any current license, a class 1
craft distiller license, shall not manufacture more than
50,000 gallons of spirits per year, and shall not be a member
of or affiliated with, directly or indirectly, a manufacturer
that produces more than 50,000 gallons of spirits per year. A
first-class wine-maker holding a class 1 brewer license or a
class 1 craft distiller license shall not be eligible for a
wine-maker's premises license but shall be permitted to sell
wine manufactured at the first-class wine-maker premises to
non-licensees.
Class 7. A second-class wine-maker's license shall allow
the manufacture of up to between 50,000 and 150,000 gallons of
wine per year, and the storage and sale of such wine to
distributors in this State and to persons without the State,
as may be permitted by law. A person who, prior to June 1, 2008
(the effective date of Public Act 95-634), is a holder of a
second-class wine-maker's license and annually produces more

HB2620 Enrolled - 68 - LRB102 11692 SPS 17026 b
than 25,000 gallons of its own wine and who distributes its
wine to licensed retailers shall cease this practice on or
before July 1, 2008 in compliance with Public Act 95-634. If a
second-class wine-maker manufactures beer, it shall also
obtain and shall only be eligible for, in addition to any
current license, a class 2 brewer license, shall not
manufacture more than 3,720,000 gallons of beer per year, and
shall not be a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 3,720,000
gallons of beer per year. If a second-class wine-maker
manufactures spirits, it shall also obtain and shall only be
eligible for, in addition to any current license, a class 2
craft distiller license, shall not manufacture more than
100,000 gallons of spirits per year, and shall not be a member
of or affiliated with, directly or indirectly, a manufacturer
that produces more than 100,000 gallons of spirits per year.
Class 8. A limited wine-manufacturer may make sales and
deliveries not to exceed 40,000 gallons of wine per year to
distributors, and to non-licensees in accordance with the
provisions of this Act.
Class 9. A craft distiller license, which may only be held
by a class 1 craft distiller licensee or class 2 craft
distiller licensee but not held by both a class 1 craft
distiller licensee and a class 2 craft distiller licensee,
shall grant all rights conveyed by either: (i) a class 1 craft
distiller license if the craft distiller holds a class 1 craft

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distiller license; or (ii) a class 2 craft distiller licensee
if the craft distiller holds a class 2 craft distiller
license.
Class 10. A class 1 craft distiller license, which may
only be issued to a licensed craft distiller or licensed
non-resident dealer, shall allow the manufacture of up to
50,000 gallons of spirits per year provided that the class 1
craft distiller licensee does not manufacture more than a
combined 50,000 gallons of spirits per year and is not a member
of or affiliated with, directly or indirectly, a manufacturer
that produces more than 50,000 gallons of spirits per year or
any other alcoholic liquor. If a class 1 craft distiller
manufactures beer, it shall also obtain and shall only be
eligible for, in addition to any current license, a class 1
brewer license, shall not manufacture more than 930,000
gallons of beer per year, and shall not be a member of or
affiliated with, directly or indirectly, a manufacturer that
produces more than 930,000 gallons of beer per year. If a class
1 craft distiller manufactures wine, it shall also obtain and
shall only be eligible for, in addition to any current
license, a first-class wine-manufacturer license or a
first-class wine-maker's license, shall not manufacture more
than 50,000 gallons of wine per year, and shall not be a member
of or affiliated with, directly or indirectly, a manufacturer
that produces more than 50,000 gallons of wine per year. A
class 1 craft distiller licensee may make sales and deliveries

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to importing distributors and distributors and to retail
licensees in accordance with the conditions set forth in
paragraph (19) of subsection (a) of Section 3-12 of this Act.
However, the aggregate amount of spirits sold to non-licensees
and sold or delivered to retail licensees may not exceed 5,000
gallons per year.
A class 1 craft distiller licensee may sell up to 5,000
gallons of such spirits to non-licensees to the extent
permitted by any exemption approved by the State Commission
pursuant to Section 6-4 of this Act. A class 1 craft distiller
license holder may store such spirits at a non-contiguous
licensed location, but at no time shall a class 1 craft
distiller license holder directly or indirectly produce in the
aggregate more than 50,000 gallons of spirits per year.
A class 1 craft distiller licensee may hold more than one
class 1 craft distiller's license. However, a class 1 craft
distiller that holds more than one class 1 craft distiller
license shall not manufacture, in the aggregate, more than
50,000 gallons of spirits by distillation per year and shall
not sell, in the aggregate, more than 5,000 gallons of such
spirits to non-licensees in accordance with an exemption
approved by the State Commission pursuant to Section 6-4 of
this Act.
Class 11. A class 2 craft distiller license, which may
only be issued to a licensed craft distiller or licensed
non-resident dealer, shall allow the manufacture of up to

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100,000 gallons of spirits per year provided that the class 2
craft distiller licensee does not manufacture more than a
combined 100,000 gallons of spirits per year and is not a
member of or affiliated with, directly or indirectly, a
manufacturer that produces more than 100,000 gallons of
spirits per year or any other alcoholic liquor. If a class 2
craft distiller manufactures beer, it shall also obtain and
shall only be eligible for, in addition to any current
license, a class 2 brewer license, shall not manufacture more
than 3,720,000 gallons of beer per year, and shall not be a
member of or affiliated with, directly or indirectly, a
manufacturer that produces more than 3,720,000 gallons of beer
per year. If a class 2 craft distiller manufactures wine, it
shall also obtain and shall only be eligible for, in addition
to any current license, a second-class wine-maker's license,
shall not manufacture more than 150,000 gallons of wine per
year, and shall not be a member of or affiliated with, directly
or indirectly, a manufacturer that produces more than 150,000
gallons of wine per year. A class 2 craft distiller licensee
may make sales and deliveries to importing distributors and
distributors, but shall not make sales or deliveries to any
other licensee. If the State Commission provides prior
approval, a class 2 craft distiller licensee may annually
transfer up to 100,000 gallons of spirits manufactured by that
class 2 craft distiller licensee to the premises of a licensed
class 2 craft distiller wholly owned and operated by the same

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licensee. A class 2 craft distiller may transfer spirits to a
distilling pub wholly owned and operated by the class 2 craft
distiller subject to the following limitations and
restrictions: (i) the transfer shall not annually exceed more
than 5,000 gallons; (ii) the annual amount transferred shall
reduce the distilling pub's annual permitted production limit;
(iii) all spirits transferred shall be subject to Article VIII
of this Act; (iv) a written record shall be maintained by the
distiller and distilling pub specifying the amount, date of
delivery, and receipt of the product by the distilling pub;
and (v) the distilling pub shall be located no farther than 80
miles from the class 2 craft distiller's licensed location.
A class 2 craft distiller shall, prior to transferring
spirits to a distilling pub wholly owned by the class 2 craft
distiller, furnish a written notice to the State Commission of
intent to transfer spirits setting forth the name and address
of the distilling pub and shall annually submit to the State
Commission a verified report identifying the total gallons of
spirits transferred to the distilling pub wholly owned by the
class 2 craft distiller.
A class 2 craft distiller license holder may store such
spirits at a non-contiguous licensed location, but at no time
shall a class 2 craft distiller license holder directly or
indirectly produce in the aggregate more than 100,000 gallons
of spirits per year.
Class 12. A class 1 brewer license, which may only be

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issued to a licensed brewer or licensed non-resident dealer,
shall allow the manufacture of up to 930,000 gallons of beer
per year provided that the class 1 brewer licensee does not
manufacture more than a combined 930,000 gallons of beer per
year and is not a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 930,000
gallons of beer per year or any other alcoholic liquor. If a
class 1 brewer manufactures spirits, it shall also obtain and
shall only be eligible for, in addition to any current
license, a class 1 craft distiller license, shall not
manufacture more than 50,000 gallons of spirits per year, and
shall not be a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 50,000
gallons of spirits per year. If a class 1 craft brewer
manufactures wine, it shall also obtain and shall only be
eligible for, in addition to any current license, a
first-class wine-manufacturer license or a first-class
wine-maker's license, shall not manufacture more than 50,000
gallons of wine per year, and shall not be a member of or
affiliated with, directly or indirectly, a manufacturer that
produces more than 50,000 gallons of wine per year. A class 1
brewer licensee may make sales and deliveries to importing
distributors and distributors and to retail licensees in
accordance with the conditions set forth in paragraph (18) of
subsection (a) of Section 3-12 of this Act. If the State
Commission provides prior approval, a class 1 brewer may

HB2620 Enrolled - 74 - LRB102 11692 SPS 17026 b
annually transfer up to 930,000 gallons of beer manufactured
by that class 1 brewer to the premises of a licensed class 1
brewer wholly owned and operated by the same licensee.
Class 13. A class 2 brewer license, which may only be
issued to a licensed brewer or licensed non-resident dealer,
shall allow the manufacture of up to 3,720,000 gallons of beer
per year provided that the class 2 brewer licensee does not
manufacture more than a combined 3,720,000 gallons of beer per
year and is not a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 3,720,000
gallons of beer per year or any other alcoholic liquor. If a
class 2 brewer manufactures spirits, it shall also obtain and
shall only be eligible for, in addition to any current
license, a class 2 craft distiller license, shall not
manufacture more than 100,000 gallons of spirits per year, and
shall not be a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 100,000
gallons of spirits per year. If a class 2 craft distiller
manufactures wine, it shall also obtain and shall only be
eligible for, in addition to any current license, a
second-class wine-maker's license, shall not manufacture more
than 150,000 gallons of wine per year, and shall not be a
member of or affiliated with, directly or indirectly, a
manufacturer that produces more than 150,000 gallons of wine a
year. A class 2 brewer licensee may make sales and deliveries
to importing distributors and distributors, but shall not make

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sales or deliveries to any other licensee. If the State
Commission provides prior approval, a class 2 brewer licensee
may annually transfer up to 3,720,000 gallons of beer
manufactured by that class 2 brewer licensee to the premises
of a licensed class 2 brewer wholly owned and operated by the
same licensee.
A class 2 brewer may transfer beer to a brew pub wholly
owned and operated by the class 2 brewer subject to the
following limitations and restrictions: (i) the transfer shall
not annually exceed more than 31,000 gallons; (ii) the annual
amount transferred shall reduce the brew pub's annual
permitted production limit; (iii) all beer transferred shall
be subject to Article VIII of this Act; (iv) a written record
shall be maintained by the brewer and brew pub specifying the
amount, date of delivery, and receipt of the product by the
brew pub; and (v) the brew pub shall be located no farther than
80 miles from the class 2 brewer's licensed location.
A class 2 brewer shall, prior to transferring beer to a
brew pub wholly owned by the class 2 brewer, furnish a written
notice to the State Commission of intent to transfer beer
setting forth the name and address of the brew pub and shall
annually submit to the State Commission a verified report
identifying the total gallons of beer transferred to the brew
pub wholly owned by the class 2 brewer.
Class 14. A class 3 brewer license, which may be issued to
a brewer or a non-resident dealer, shall allow the manufacture

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of no more than 465,000 gallons of beer per year and no more
than 155,000 gallons at a single brewery premises, and shall
allow the sale of no more than 6,200 gallons of beer from each
in-state or out-of-state class 3 brewery premises, or 18,600
gallons in the aggregate, to retail licensees, class 1
brewers, class 2 brewers, and class 3 brewers as long as the
class 3 brewer licensee does not manufacture more than a
combined 465,000 gallons of beer per year and is not a member
of or affiliated with, directly or indirectly, a manufacturer
that produces more than 465,000 gallons of beer per year to
make sales to importing distributors, distributors, retail
licensees, brewers, class 1 brewers, class 2 brewers, and
class 3 brewers in accordance with the conditions set forth in
paragraph (20) of subsection (a) of Section 3-12. If the State
Commission provides prior approval, a class 3 brewer may
annually transfer up to 155,000 gallons of beer manufactured
by that class 3 brewer to the premises of a licensed class 3
brewer wholly owned and operated by the same licensee. A class
3 brewer shall manufacture beer at the brewer's class 3
designated licensed premises, and may sell beer as otherwise
provided in this Act.
(a-1) A manufacturer which is licensed in this State to
make sales or deliveries of alcoholic liquor to licensed
distributors or importing distributors and which enlists
agents, representatives, or individuals acting on its behalf
who contact licensed retailers on a regular and continual

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basis in this State must register those agents,
representatives, or persons acting on its behalf with the
State Commission.
Registration of agents, representatives, or persons acting
on behalf of a manufacturer is fulfilled by submitting a form
to the Commission. The form shall be developed by the
Commission and shall include the name and address of the
applicant, the name and address of the manufacturer he or she
represents, the territory or areas assigned to sell to or
discuss pricing terms of alcoholic liquor, and any other
questions deemed appropriate and necessary. All statements in
the forms required to be made by law or by rule shall be deemed
material, and any person who knowingly misstates any material
fact under oath in an application is guilty of a Class B
misdemeanor. Fraud, misrepresentation, false statements,
misleading statements, evasions, or suppression of material
facts in the securing of a registration are grounds for
suspension or revocation of the registration. The State
Commission shall post a list of registered agents on the
Commission's website.
(b) A distributor's license shall allow (i) the wholesale
purchase and storage of alcoholic liquors and sale of
alcoholic liquors to licensees in this State and to persons
without the State, as may be permitted by law; (ii) the sale of
beer, cider, mead, or any combination thereof or both beer and
cider to brewers, class 1 brewers, and class 2 brewers that,

HB2620 Enrolled - 78 - LRB102 11692 SPS 17026 b
pursuant to subsection (e) of Section 6-4 of this Act, sell
beer, cider, mead, or any combination thereof or both beer and
cider to non-licensees at their breweries; and (iii) the sale
of vermouth to class 1 craft distillers and class 2 craft
distillers that, pursuant to subsection (e) of Section 6-4 of
this Act, sell spirits, vermouth, or both spirits and vermouth
to non-licensees at their distilleries; or (iv) as otherwise
provided in this Act. No person licensed as a distributor
shall be granted a non-resident dealer's license.
(c) An importing distributor's license may be issued to
and held by those only who are duly licensed distributors,
upon the filing of an application by a duly licensed
distributor, with the Commission and the Commission shall,
without the payment of any fee, immediately issue such
importing distributor's license to the applicant, which shall
allow the importation of alcoholic liquor by the licensee into
this State from any point in the United States outside this
State, and the purchase of alcoholic liquor in barrels, casks
or other bulk containers and the bottling of such alcoholic
liquors before resale thereof, but all bottles or containers
so filled shall be sealed, labeled, stamped and otherwise made
to comply with all provisions, rules and regulations governing
manufacturers in the preparation and bottling of alcoholic
liquors. The importing distributor's license shall permit such
licensee to purchase alcoholic liquor from Illinois licensed
non-resident dealers and foreign importers only. No person

HB2620 Enrolled - 79 - LRB102 11692 SPS 17026 b
licensed as an importing distributor shall be granted a
non-resident dealer's license.
(d) A retailer's license shall allow the licensee to sell
and offer for sale at retail, only in the premises specified in
the license, alcoholic liquor for use or consumption, but not
for resale in any form. Except as provided in Section 6-16,
6-29, or 6-29.1, nothing in this Act shall deny, limit,
remove, or restrict the ability of a holder of a retailer's
license to transfer or ship alcoholic liquor to the purchaser
for use or consumption subject to any applicable local law or
ordinance. For the purposes of this Section, "shipping" means
the movement of alcoholic liquor from a licensed retailer to a
consumer via a common carrier. Except as provided in Section
6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit,
remove, or restrict the ability of a holder of a retailer's
license to deliver alcoholic liquor to the purchaser for use
or consumption. The delivery shall be made only within 12
hours from the time the alcoholic liquor leaves the licensed
premises of the retailer for delivery. For the purposes of
this Section, "delivery" means the movement of alcoholic
liquor purchased from a licensed retailer to a consumer
through the following methods:
(1) delivery within licensed retailer's parking lot,
including curbside, for pickup by the consumer;
(2) delivery by an owner, officer, director,
shareholder, or employee of the licensed retailer; or

HB2620 Enrolled - 80 - LRB102 11692 SPS 17026 b
(3) delivery by a third-party contractor, independent
contractor, or agent with whom the licensed retailer has
contracted to make deliveries of alcoholic liquors.
Under subsection (1), (2), or (3), delivery shall not
include the use of common carriers.
Any retail license issued to a manufacturer shall only
permit the manufacturer to sell beer at retail on the premises
actually occupied by the manufacturer. For the purpose of
further describing the type of business conducted at a retail
licensed premises, a retailer's licensee may be designated by
the State Commission as (i) an on premise consumption
retailer, (ii) an off premise sale retailer, or (iii) a
combined on premise consumption and off premise sale retailer.
Except for a municipality with a population of more than
1,000,000 inhabitants, a home rule unit may not regulate the
delivery of alcoholic liquor inconsistent with this
subsection. This paragraph is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
Notwithstanding any other provision of this subsection
(d), a retail licensee may sell alcoholic liquors to a special
event retailer licensee for resale to the extent permitted
under subsection (e).
(e) A special event retailer's license (not-for-profit)
shall permit the licensee to purchase alcoholic liquors from

HB2620 Enrolled - 81 - LRB102 11692 SPS 17026 b
an Illinois licensed distributor (unless the licensee
purchases less than $500 of alcoholic liquors for the special
event, in which case the licensee may purchase the alcoholic
liquors from a licensed retailer) and shall allow the licensee
to sell and offer for sale, at retail, alcoholic liquors for
use or consumption, but not for resale in any form and only at
the location and on the specific dates designated for the
special event in the license. An applicant for a special event
retailer license must (i) furnish with the application: (A) a
resale number issued under Section 2c of the Retailers'
Occupation Tax Act or evidence that the applicant is
registered under Section 2a of the Retailers' Occupation Tax
Act, (B) a current, valid exemption identification number
issued under Section 1g of the Retailers' Occupation Tax Act,
and a certification to the Commission that the purchase of
alcoholic liquors will be a tax-exempt purchase, or (C) a
statement that the applicant is not registered under Section
2a of the Retailers' Occupation Tax Act, does not hold a resale
number under Section 2c of the Retailers' Occupation Tax Act,
and does not hold an exemption number under Section 1g of the
Retailers' Occupation Tax Act, in which event the Commission
shall set forth on the special event retailer's license a
statement to that effect; (ii) submit with the application
proof satisfactory to the State Commission that the applicant
will provide dram shop liability insurance in the maximum
limits; and (iii) show proof satisfactory to the State

HB2620 Enrolled - 82 - LRB102 11692 SPS 17026 b
Commission that the applicant has obtained local authority
approval.
Nothing in this Act prohibits an Illinois licensed
distributor from offering credit or a refund for unused,
salable alcoholic liquors to a holder of a special event
retailer's license or the special event retailer's licensee
from accepting the credit or refund of alcoholic liquors at
the conclusion of the event specified in the license.
(f) A railroad license shall permit the licensee to import
alcoholic liquors into this State from any point in the United
States outside this State and to store such alcoholic liquors
in this State; to make wholesale purchases of alcoholic
liquors directly from manufacturers, foreign importers,
distributors and importing distributors from within or outside
this State; and to store such alcoholic liquors in this State;
provided that the above powers may be exercised only in
connection with the importation, purchase or storage of
alcoholic liquors to be sold or dispensed on a club, buffet,
lounge or dining car operated on an electric, gas or steam
railway in this State; and provided further, that railroad
licensees exercising the above powers shall be subject to all
provisions of Article VIII of this Act as applied to importing
distributors. A railroad license shall also permit the
licensee to sell or dispense alcoholic liquors on any club,
buffet, lounge or dining car operated on an electric, gas or
steam railway regularly operated by a common carrier in this

HB2620 Enrolled - 83 - LRB102 11692 SPS 17026 b
State, but shall not permit the sale for resale of any
alcoholic liquors to any licensee within this State. A license
shall be obtained for each car in which such sales are made.
(g) A boat license shall allow the sale of alcoholic
liquor in individual drinks, on any passenger boat regularly
operated as a common carrier on navigable waters in this State
or on any riverboat operated under the Illinois Gambling Act,
which boat or riverboat maintains a public dining room or
restaurant thereon.
(h) A non-beverage user's license shall allow the licensee
to purchase alcoholic liquor from a licensed manufacturer or
importing distributor, without the imposition of any tax upon
the business of such licensed manufacturer or importing
distributor as to such alcoholic liquor to be used by such
licensee solely for the non-beverage purposes set forth in
subsection (a) of Section 8-1 of this Act, and such licenses
shall be divided and classified and shall permit the purchase,
possession and use of limited and stated quantities of
alcoholic liquor as follows:
Class 1, not to exceed ......................... 500 gallons
Class 2, not to exceed ....................... 1,000 gallons
Class 3, not to exceed ....................... 5,000 gallons
Class 4, not to exceed ...................... 10,000 gallons
Class 5, not to exceed ....................... 50,000 gallons
(i) A wine-maker's premises license shall allow a licensee
that concurrently holds a first-class wine-maker's license to

HB2620 Enrolled - 84 - LRB102 11692 SPS 17026 b
sell and offer for sale at retail in the premises specified in
such license not more than 50,000 gallons of the first-class
wine-maker's wine that is made at the first-class wine-maker's
licensed premises per year for use or consumption, but not for
resale in any form. A wine-maker's premises license shall
allow a licensee who concurrently holds a second-class
wine-maker's license to sell and offer for sale at retail in
the premises specified in such license up to 100,000 gallons
of the second-class wine-maker's wine that is made at the
second-class wine-maker's licensed premises per year for use
or consumption but not for resale in any form. A first-class
wine-maker that concurrently holds a class 1 brewer license or
a class 1 craft distiller license shall not be eligible to hold
a wine-maker's premises license. A wine-maker's premises
license shall allow a licensee that concurrently holds a
first-class wine-maker's license or a second-class
wine-maker's license to sell and offer for sale at retail at
the premises specified in the wine-maker's premises license,
for use or consumption but not for resale in any form, any
beer, wine, and spirits purchased from a licensed distributor.
Upon approval from the State Commission, a wine-maker's
premises license shall allow the licensee to sell and offer
for sale at (i) the wine-maker's licensed premises and (ii) at
up to 2 additional locations for use and consumption and not
for resale. Each location shall require additional licensing
per location as specified in Section 5-3 of this Act. A

HB2620 Enrolled - 85 - LRB102 11692 SPS 17026 b
wine-maker's premises licensee shall secure liquor liability
insurance coverage in an amount at least equal to the maximum
liability amounts set forth in subsection (a) of Section 6-21
of this Act.
(j) An airplane license shall permit the licensee to
import alcoholic liquors into this State from any point in the
United States outside this State and to store such alcoholic
liquors in this State; to make wholesale purchases of
alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from within
or outside this State; and to store such alcoholic liquors in
this State; provided that the above powers may be exercised
only in connection with the importation, purchase or storage
of alcoholic liquors to be sold or dispensed on an airplane;
and provided further, that airplane licensees exercising the
above powers shall be subject to all provisions of Article
VIII of this Act as applied to importing distributors. An
airplane licensee shall also permit the sale or dispensing of
alcoholic liquors on any passenger airplane regularly operated
by a common carrier in this State, but shall not permit the
sale for resale of any alcoholic liquors to any licensee
within this State. A single airplane license shall be required
of an airline company if liquor service is provided on board
aircraft in this State. The annual fee for such license shall
be as determined in Section 5-3.
(k) A foreign importer's license shall permit such

HB2620 Enrolled - 86 - LRB102 11692 SPS 17026 b
licensee to purchase alcoholic liquor from Illinois licensed
non-resident dealers only, and to import alcoholic liquor
other than in bulk from any point outside the United States and
to sell such alcoholic liquor to Illinois licensed importing
distributors and to no one else in Illinois; provided that (i)
the foreign importer registers with the State Commission every
brand of alcoholic liquor that it proposes to sell to Illinois
licensees during the license period, (ii) the foreign importer
complies with all of the provisions of Section 6-9 of this Act
with respect to registration of such Illinois licensees as may
be granted the right to sell such brands at wholesale, and
(iii) the foreign importer complies with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers.
(l) (i) A broker's license shall be required of all
persons who solicit orders for, offer to sell or offer to
supply alcoholic liquor to retailers in the State of Illinois,
or who offer to retailers to ship or cause to be shipped or to
make contact with distillers, craft distillers, rectifiers,
brewers or manufacturers or any other party within or without
the State of Illinois in order that alcoholic liquors be
shipped to a distributor, importing distributor or foreign
importer, whether such solicitation or offer is consummated
within or without the State of Illinois.
No holder of a retailer's license issued by the Illinois
Liquor Control Commission shall purchase or receive any

HB2620 Enrolled - 87 - LRB102 11692 SPS 17026 b
alcoholic liquor, the order for which was solicited or offered
for sale to such retailer by a broker unless the broker is the
holder of a valid broker's license.
The broker shall, upon the acceptance by a retailer of the
broker's solicitation of an order or offer to sell or supply or
deliver or have delivered alcoholic liquors, promptly forward
to the Illinois Liquor Control Commission a notification of
said transaction in such form as the Commission may by
regulations prescribe.
(ii) A broker's license shall be required of a person
within this State, other than a retail licensee, who, for a fee
or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for resale,
to be shipped from this State and delivered to residents
outside of this State by an express company, common carrier,
or contract carrier. This Section does not apply to any person
who promotes, solicits, or accepts orders for wine as
specifically authorized in Section 6-29 of this Act.
A broker's license under this subsection (l) shall not
entitle the holder to buy or sell any alcoholic liquors for his
own account or to take or deliver title to such alcoholic
liquors.
This subsection (l) shall not apply to distributors,
employees of distributors, or employees of a manufacturer who
has registered the trademark, brand or name of the alcoholic
liquor pursuant to Section 6-9 of this Act, and who regularly

HB2620 Enrolled - 88 - LRB102 11692 SPS 17026 b
sells such alcoholic liquor in the State of Illinois only to
its registrants thereunder.
Any agent, representative, or person subject to
registration pursuant to subsection (a-1) of this Section
shall not be eligible to receive a broker's license.
(m) A non-resident dealer's license shall permit such
licensee to ship into and warehouse alcoholic liquor into this
State from any point outside of this State, and to sell such
alcoholic liquor to Illinois licensed foreign importers and
importing distributors and to no one else in this State;
provided that (i) said non-resident dealer shall register with
the Illinois Liquor Control Commission each and every brand of
alcoholic liquor which it proposes to sell to Illinois
licensees during the license period, (ii) it shall comply with
all of the provisions of Section 6-9 hereof with respect to
registration of such Illinois licensees as may be granted the
right to sell such brands at wholesale by duly filing such
registration statement, thereby authorizing the non-resident
dealer to proceed to sell such brands at wholesale, and (iii)
the non-resident dealer shall comply with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers. No person licensed as a
non-resident dealer shall be granted a distributor's or
importing distributor's license.
(n) A brew pub license shall allow the licensee to only (i)
manufacture up to 155,000 gallons of beer per year only on the

HB2620 Enrolled - 89 - LRB102 11692 SPS 17026 b
premises specified in the license, (ii) make sales of the beer
manufactured on the premises or, with the approval of the
Commission, beer manufactured on another brew pub licensed
premises that is wholly owned and operated by the same
licensee to importing distributors, distributors, and to
non-licensees for use and consumption, (iii) store the beer
upon the premises, (iv) sell and offer for sale at retail from
the licensed premises for off-premises consumption no more
than 155,000 gallons per year so long as such sales are only
made in-person, (v) sell and offer for sale at retail for use
and consumption on the premises specified in the license any
form of alcoholic liquor purchased from a licensed distributor
or importing distributor, (vi) with the prior approval of the
Commission, annually transfer no more than 155,000 gallons of
beer manufactured on the premises to a licensed brew pub
wholly owned and operated by the same licensee, and (vii)
notwithstanding item (i) of this subsection, brew pubs wholly
owned and operated by the same licensee may combine each
location's production limit of 155,000 gallons of beer per
year and allocate the aggregate total between the wholly
owned, operated, and licensed locations.
A brew pub licensee shall not under any circumstance sell
or offer for sale beer manufactured by the brew pub licensee to
retail licensees.
A person who holds a class 2 brewer license may
simultaneously hold a brew pub license if the class 2 brewer

HB2620 Enrolled - 90 - LRB102 11692 SPS 17026 b
(i) does not, under any circumstance, sell or offer for sale
beer manufactured by the class 2 brewer to retail licensees;
(ii) does not hold more than 3 brew pub licenses in this State;
(iii) does not manufacture more than a combined 3,720,000
gallons of beer per year, including the beer manufactured at
the brew pub; and (iv) is not a member of or affiliated with,
directly or indirectly, a manufacturer that produces more than
3,720,000 gallons of beer per year or any other alcoholic
liquor.
Notwithstanding any other provision of this Act, a
licensed brewer, class 2 brewer, or non-resident dealer who
before July 1, 2015 manufactured less than 3,720,000 gallons
of beer per year and held a brew pub license on or before July
1, 2015 may (i) continue to qualify for and hold that brew pub
license for the licensed premises and (ii) manufacture more
than 3,720,000 gallons of beer per year and continue to
qualify for and hold that brew pub license if that brewer,
class 2 brewer, or non-resident dealer does not simultaneously
hold a class 1 brewer license and is not a member of or
affiliated with, directly or indirectly, a manufacturer that
produces more than 3,720,000 gallons of beer per year or that
produces any other alcoholic liquor.
A brew pub licensee may apply for a class 3 brewer license
and upon: (i) meeting all applicable qualifications of this
Act, and relinquishing all commonly owned brew pub or retail
licenses shall be issued a class 3 brewer license. Nothing in

HB2620 Enrolled - 91 - LRB102 11692 SPS 17026 b
this Act shall prohibit the issuance of a class 3 brewer
license if the applicant:
(1) has a valid retail license on or before May 1,
2021;
(2) has an ownership interest in at least two brew
pubs licenses on or before May 1, 2021;
(3) the brew pub licensee applies for a class 3 brewer
license on or before October 1, 2022 and relinquishes all
commonly owned brew pub licenses; and
(4) relinquishes all commonly owned retail licenses on
or before December 31, 2022.
If a brew pub licensee is issued a class 3 brewer license,
the class 3 brewer license shall expire on the same date as the
existing brew pub license and the State Commission shall not
require a class 3 brewer licensee to obtain a brewer license,
or in the alternative to pay a fee for a brewer license, until
the date the brew pub license of the applicant would have
expired.
(o) A caterer retailer license shall allow the holder to
serve alcoholic liquors as an incidental part of a food
service that serves prepared meals which excludes the serving
of snacks as the primary meal, either on or off-site whether
licensed or unlicensed. A caterer retailer license shall allow
the holder, a distributor, or an importing distributor to
transfer any inventory to and from the holder's retail
premises and shall allow the holder to purchase alcoholic

HB2620 Enrolled - 92 - LRB102 11692 SPS 17026 b
liquor from a distributor or importing distributor to be
delivered directly to an off-site event.
Nothing in this Act prohibits a distributor or importing
distributor from offering credit or a refund for unused,
salable beer to a holder of a caterer retailer license or a
caterer retailer licensee from accepting a credit or refund
for unused, salable beer, in the event an act of God is the
sole reason an off-site event is cancelled and if: (i) the
holder of a caterer retailer license has not transferred
alcoholic liquor from its caterer retailer premises to an
off-site location; (ii) the distributor or importing
distributor offers the credit or refund for the unused,
salable beer that it delivered to the off-site premises and
not for any unused, salable beer that the distributor or
importing distributor delivered to the caterer retailer's
premises; and (iii) the unused, salable beer would likely
spoil if transferred to the caterer retailer's premises. A
caterer retailer license shall allow the holder to transfer
any inventory from any off-site location to its caterer
retailer premises at the conclusion of an off-site event or
engage a distributor or importing distributor to transfer any
inventory from any off-site location to its caterer retailer
premises at the conclusion of an off-site event, provided that
the distributor or importing distributor issues bona fide
charges to the caterer retailer licensee for fuel, labor, and
delivery and the distributor or importing distributor collects

HB2620 Enrolled - 93 - LRB102 11692 SPS 17026 b
payment from the caterer retailer licensee prior to the
distributor or importing distributor transferring inventory to
the caterer retailer premises.
For purposes of this subsection (o), an "act of God" means
an unforeseeable event, such as a rain or snow storm, hail, a
flood, or a similar event, that is the sole cause of the
cancellation of an off-site, outdoor event.
(p) An auction liquor license shall allow the licensee to
sell and offer for sale at auction wine and spirits for use or
consumption, or for resale by an Illinois liquor licensee in
accordance with provisions of this Act. An auction liquor
license will be issued to a person and it will permit the
auction liquor licensee to hold the auction anywhere in the
State. An auction liquor license must be obtained for each
auction at least 14 days in advance of the auction date.
(q) A special use permit license shall allow an Illinois
licensed retailer to transfer a portion of its alcoholic
liquor inventory from its retail licensed premises to the
premises specified in the license hereby created; to purchase
alcoholic liquor from a distributor or importing distributor
to be delivered directly to the location specified in the
license hereby created; and to sell or offer for sale at
retail, only in the premises specified in the license hereby
created, the transferred or delivered alcoholic liquor for use
or consumption, but not for resale in any form. A special use
permit license may be granted for the following time periods:

HB2620 Enrolled - 94 - LRB102 11692 SPS 17026 b
one day or less; 2 or more days to a maximum of 15 days per
location in any 12-month period. An applicant for the special
use permit license must also submit with the application proof
satisfactory to the State Commission that the applicant will
provide dram shop liability insurance to the maximum limits
and have local authority approval.
A special use permit license shall allow the holder to
transfer any inventory from the holder's special use premises
to its retail premises at the conclusion of the special use
event or engage a distributor or importing distributor to
transfer any inventory from the holder's special use premises
to its retail premises at the conclusion of an off-site event,
provided that the distributor or importing distributor issues
bona fide charges to the special use permit licensee for fuel,
labor, and delivery and the distributor or importing
distributor collects payment from the retail licensee prior to
the distributor or importing distributor transferring
inventory to the retail premises.
Nothing in this Act prohibits a distributor or importing
distributor from offering credit or a refund for unused,
salable beer to a special use permit licensee or a special use
permit licensee from accepting a credit or refund for unused,
salable beer at the conclusion of the event specified in the
license if: (i) the holder of the special use permit license
has not transferred alcoholic liquor from its retail licensed
premises to the premises specified in the special use permit

HB2620 Enrolled - 95 - LRB102 11692 SPS 17026 b
license; (ii) the distributor or importing distributor offers
the credit or refund for the unused, salable beer that it
delivered to the premises specified in the special use permit
license and not for any unused, salable beer that the
distributor or importing distributor delivered to the
retailer's premises; and (iii) the unused, salable beer would
likely spoil if transferred to the retailer premises.
(r) A winery shipper's license shall allow a person with a
first-class or second-class wine manufacturer's license, a
first-class or second-class wine-maker's license, or a limited
wine manufacturer's license or who is licensed to make wine
under the laws of another state to ship wine made by that
licensee directly to a resident of this State who is 21 years
of age or older for that resident's personal use and not for
resale. Prior to receiving a winery shipper's license, an
applicant for the license must provide the Commission with a
true copy of its current license in any state in which it is
licensed as a manufacturer of wine. An applicant for a winery
shipper's license must also complete an application form that
provides any other information the Commission deems necessary.
The application form shall include all addresses from which
the applicant for a winery shipper's license intends to ship
wine, including the name and address of any third party,
except for a common carrier, authorized to ship wine on behalf
of the manufacturer. The application form shall include an
acknowledgement consenting to the jurisdiction of the

HB2620 Enrolled - 96 - LRB102 11692 SPS 17026 b
Commission, the Illinois Department of Revenue, and the courts
of this State concerning the enforcement of this Act and any
related laws, rules, and regulations, including authorizing
the Department of Revenue and the Commission to conduct audits
for the purpose of ensuring compliance with Public Act 95-634,
and an acknowledgement that the wine manufacturer is in
compliance with Section 6-2 of this Act. Any third party,
except for a common carrier, authorized to ship wine on behalf
of a first-class or second-class wine manufacturer's licensee,
a first-class or second-class wine-maker's licensee, a limited
wine manufacturer's licensee, or a person who is licensed to
make wine under the laws of another state shall also be
disclosed by the winery shipper's licensee, and a copy of the
written appointment of the third-party wine provider, except
for a common carrier, to the wine manufacturer shall be filed
with the State Commission as a supplement to the winery
shipper's license application or any renewal thereof. The
winery shipper's license holder shall affirm under penalty of
perjury, as part of the winery shipper's license application
or renewal, that he or she only ships wine, either directly or
indirectly through a third-party provider, from the licensee's
own production.
Except for a common carrier, a third-party provider
shipping wine on behalf of a winery shipper's license holder
is the agent of the winery shipper's license holder and, as
such, a winery shipper's license holder is responsible for the

HB2620 Enrolled - 97 - LRB102 11692 SPS 17026 b
acts and omissions of the third-party provider acting on
behalf of the license holder. A third-party provider, except
for a common carrier, that engages in shipping wine into
Illinois on behalf of a winery shipper's license holder shall
consent to the jurisdiction of the State Commission and the
State. Any third-party, except for a common carrier, holding
such an appointment shall, by February 1 of each calendar year
and upon request by the State Commission or the Department of
Revenue, file with the State Commission a statement detailing
each shipment made to an Illinois resident. The statement
shall include the name and address of the third-party provider
filing the statement, the time period covered by the
statement, and the following information:
(1) the name, address, and license number of the
winery shipper on whose behalf the shipment was made;
(2) the quantity of the products delivered; and
(3) the date and address of the shipment.
If the Department of Revenue or the State Commission requests
a statement under this paragraph, the third-party provider
must provide that statement no later than 30 days after the
request is made. Any books, records, supporting papers, and
documents containing information and data relating to a
statement under this paragraph shall be kept and preserved for
a period of 3 years, unless their destruction sooner is
authorized, in writing, by the Director of Revenue, and shall
be open and available to inspection by the Director of Revenue

HB2620 Enrolled - 98 - LRB102 11692 SPS 17026 b
or the State Commission or any duly authorized officer, agent,
or employee of the State Commission or the Department of
Revenue, at all times during business hours of the day. Any
person who violates any provision of this paragraph or any
rule of the State Commission for the administration and
enforcement of the provisions of this paragraph is guilty of a
Class C misdemeanor. In case of a continuing violation, each
day's continuance thereof shall be a separate and distinct
offense.
The State Commission shall adopt rules as soon as
practicable to implement the requirements of Public Act 99-904
and shall adopt rules prohibiting any such third-party
appointment of a third-party provider, except for a common
carrier, that has been deemed by the State Commission to have
violated the provisions of this Act with regard to any winery
shipper licensee.
A winery shipper licensee must pay to the Department of
Revenue the State liquor gallonage tax under Section 8-1 for
all wine that is sold by the licensee and shipped to a person
in this State. For the purposes of Section 8-1, a winery
shipper licensee shall be taxed in the same manner as a
manufacturer of wine. A licensee who is not otherwise required
to register under the Retailers' Occupation Tax Act must
register under the Use Tax Act to collect and remit use tax to
the Department of Revenue for all gallons of wine that are sold
by the licensee and shipped to persons in this State. If a

HB2620 Enrolled - 99 - LRB102 11692 SPS 17026 b
licensee fails to remit the tax imposed under this Act in
accordance with the provisions of Article VIII of this Act,
the winery shipper's license shall be revoked in accordance
with the provisions of Article VII of this Act. If a licensee
fails to properly register and remit tax under the Use Tax Act
or the Retailers' Occupation Tax Act for all wine that is sold
by the winery shipper and shipped to persons in this State, the
winery shipper's license shall be revoked in accordance with
the provisions of Article VII of this Act.
A winery shipper licensee must collect, maintain, and
submit to the Commission on a semi-annual basis the total
number of cases per resident of wine shipped to residents of
this State. A winery shipper licensed under this subsection
(r) must comply with the requirements of Section 6-29 of this
Act.
Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
Section 3-12, the State Commission may receive, respond to,
and investigate any complaint and impose any of the remedies
specified in paragraph (1) of subsection (a) of Section 3-12.
As used in this subsection, "third-party provider" means
any entity that provides fulfillment house services, including
warehousing, packaging, distribution, order processing, or
shipment of wine, but not the sale of wine, on behalf of a
licensed winery shipper.
(s) A craft distiller tasting permit license shall allow
an Illinois licensed class 1 craft distiller or class 2 craft

HB2620 Enrolled - 100 - LRB102 11692 SPS 17026 b
distiller to transfer a portion of its alcoholic liquor
inventory from its class 1 craft distiller or class 2 craft
distiller licensed premises to the premises specified in the
license hereby created and to conduct a sampling, only in the
premises specified in the license hereby created, of the
transferred alcoholic liquor in accordance with subsection (c)
of Section 6-31 of this Act. The transferred alcoholic liquor
may not be sold or resold in any form. An applicant for the
craft distiller tasting permit license must also submit with
the application proof satisfactory to the State Commission
that the applicant will provide dram shop liability insurance
to the maximum limits and have local authority approval.
(t) A brewer warehouse permit may be issued to the holder
of a class 1 brewer license or a class 2 brewer license. If the
holder of the permit is a class 1 brewer licensee, the brewer
warehouse permit shall allow the holder to store or warehouse
up to 930,000 gallons of tax-determined beer manufactured by
the holder of the permit at the premises specified on the
permit. If the holder of the permit is a class 2 brewer
licensee, the brewer warehouse permit shall allow the holder
to store or warehouse up to 3,720,000 gallons of
tax-determined beer manufactured by the holder of the permit
at the premises specified on the permit. Sales to
non-licensees are prohibited at the premises specified in the
brewer warehouse permit.
(u) A distilling pub license shall allow the licensee to

HB2620 Enrolled - 101 - LRB102 11692 SPS 17026 b
only (i) manufacture up to 5,000 gallons of spirits per year
only on the premises specified in the license, (ii) make sales
of the spirits manufactured on the premises or, with the
approval of the State Commission, spirits manufactured on
another distilling pub licensed premises that is wholly owned
and operated by the same licensee to importing distributors
and distributors and to non-licensees for use and consumption,
(iii) store the spirits upon the premises, (iv) sell and offer
for sale at retail from the licensed premises for off-premises
consumption no more than 5,000 gallons per year so long as such
sales are only made in-person, (v) sell and offer for sale at
retail for use and consumption on the premises specified in
the license any form of alcoholic liquor purchased from a
licensed distributor or importing distributor, and (vi) with
the prior approval of the State Commission, annually transfer
no more than 5,000 gallons of spirits manufactured on the
premises to a licensed distilling pub wholly owned and
operated by the same licensee.
A distilling pub licensee shall not under any circumstance
sell or offer for sale spirits manufactured by the distilling
pub licensee to retail licensees.
A person who holds a class 2 craft distiller license may
simultaneously hold a distilling pub license if the class 2
craft distiller (i) does not, under any circumstance, sell or
offer for sale spirits manufactured by the class 2 craft
distiller to retail licensees; (ii) does not hold more than 3

HB2620 Enrolled - 102 - LRB102 11692 SPS 17026 b
distilling pub licenses in this State; (iii) does not
manufacture more than a combined 100,000 gallons of spirits
per year, including the spirits manufactured at the distilling
pub; and (iv) is not a member of or affiliated with, directly
or indirectly, a manufacturer that produces more than 100,000
gallons of spirits per year or any other alcoholic liquor.
(v) A craft distiller warehouse permit may be issued to
the holder of a class 1 craft distiller or class 2 craft
distiller license. The craft distiller warehouse permit shall
allow the holder to store or warehouse up to 500,000 gallons of
spirits manufactured by the holder of the permit at the
premises specified on the permit. Sales to non-licensees are
prohibited at the premises specified in the craft distiller
warehouse permit.
(w) A beer showcase permit license shall allow an
Illinois-licensed distributor to transfer a portion of its
beer inventory from its licensed premises to the premises
specified in the beer showcase permit license, and, in the
case of a class 3 brewer, transfer only beer the class 3 brewer
manufactures from its licensed premises to the premises
specified in the beer showcase permit license; and to sell or
offer for sale at retail, only in the premises specified in the
beer showcase permit license, the transferred or delivered
beer for on or off premise consumption, but not for resale in
any form and to sell to non-licensees not more than 96 fluid
ounces of beer per person. A beer showcase permit license may

HB2620 Enrolled - 103 - LRB102 11692 SPS 17026 b
be granted for the following time periods: one day or less; or
2 or more days to a maximum of 15 days per location in any
12-month period. An applicant for a beer showcase permit
license must also submit with the application proof
satisfactory to the State Commission that the applicant will
provide dram shop liability insurance to the maximum limits
and have local authority approval. The State Commission shall
require the beer showcase applicant to comply with Section
6-27.1.
(Source: P.A. 100-17, eff. 6-30-17; 100-201, eff. 8-18-17;
100-816, eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff.
8-23-18; 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; 101-81,
eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. 8-23-19;
101-615, eff. 12-20-19; 101-668, eff. 1-1-22.)
(235 ILCS 5/5-3) (from Ch. 43, par. 118)
Sec. 5-3. License fees. Except as otherwise provided
herein, at the time application is made to the State
Commission for a license of any class, the applicant shall pay
to the State Commission the fee hereinafter provided for the
kind of license applied for.
The fee for licenses issued by the State Commission shall
be as follows:
Online Initial
renewal license
or

HB2620 Enrolled - 104 - LRB102 11692 SPS 17026 b
non-online
renewal
For a manufacturer's license:
Class 1. Distiller ................. $4,000 $5,000
Class 2. Rectifier ................. 4,000 5,000
Class 3. Brewer .................... 1,200 1,500
Class 4. First-class Wine
Manufacturer ................... 1,200 750 1,500 900
Class 5. Second-class
Wine Manufacturer .............. 1,500 1,750
Class 6. First-class wine-maker .... 1,200 750 1,500 900
Class 7. Second-class wine-maker ... 1,500 1,750
Class 8. Limited Wine
Manufacturer.................... 250 350
Class 9. Craft Distiller............ $2,000 $2,500
Class 10. Class 1 Craft Distiller... 50 75
Class 11. Class 2 Craft Distiller... 75 100
Class 12. Class 1 Brewer............ 50 75
Class 13. Class 2 Brewer............ 75 100
Class 14. Class 3 Brewer............ 25 50
For a Brew Pub License.............. 1,200 1,500
For a Distilling Pub License........ 1,200 1,500
For a caterer retailer's license.... 350 500
For a foreign importer's license ... 25 25
For an importing distributor's
license......................... 25 25

HB2620 Enrolled - 105 - LRB102 11692 SPS 17026 b
For a distributor's license
(11,250,000 gallons
or over)........................ 1,450 2,200
For a distributor's license
(over 4,500,000 gallons, but
under 11,250,000 gallons)....... 950 1,450
For a distributor's license
(4,500,000 gallons or under).... 300 450
For a non-resident dealer's license
(500,000 gallons or over)
or with self-distribution
privileges ...................... 1,200 1,500
For a non-resident dealer's license
(under 500,000 gallons) ........ 250 350
For a wine-maker's premises
license ........................ 250 500
For a winery shipper's license
(under 250,000 gallons)......... 200 350
For a winery shipper's license
(250,000 or over, but
under 500,000 gallons).......... 750 1,000
For a winery shipper's license
(500,000 gallons or over)....... 1,200 1,500
For a wine-maker's premises
license, second location ....... 500 1,000
For a wine-maker's premises

HB2620 Enrolled - 106 - LRB102 11692 SPS 17026 b
license, third location ........ 500 1,000
For a retailer's license ........... 600 750
For a special event retailer's
license, (not-for-profit) ...... 25 25
For a beer showcase permit license,
one day only .................... 100 150
2 days or more .................. 150 250
For a special use permit license,
one day only ................... 100 150
2 days or more ................. 150 250
For a railroad license ............. 100 150
For a boat license ................. 500 1,000
For an airplane license, times the
licensee's maximum number of
aircraft in flight, serving
liquor over the State at any
given time, which either
originate, terminate, or make
an intermediate stop in
the State....................... 100 150
For a non-beverage user's license:
Class 1 ........................ 24 24
Class 2 ........................ 60 60
Class 3 ........................ 120 120
Class 4 ........................ 240 240
Class 5 ........................ 600 600

HB2620 Enrolled - 107 - LRB102 11692 SPS 17026 b
For a broker's license ............. 750 1,000
For an auction liquor license ...... 100 150
For a homebrewer special
event permit.................... 25 25
For a craft distiller
tasting permit.................. 25 25
For a BASSET trainer license........ 300 350
For a tasting representative
license......................... 200 300
For a brewer warehouse permit....... 25 25
For a craft distiller
warehouse permit............... 25 25
Fees collected under this Section shall be paid into the
Dram Shop Fund. On and after July 1, 2003 and until June 30,
2016, of the funds received for a retailer's license, in
addition to the first $175, an additional $75 shall be paid
into the Dram Shop Fund, and $250 shall be paid into the
General Revenue Fund. On and after June 30, 2016, one-half of
the funds received for a retailer's license shall be paid into
the Dram Shop Fund and one-half of the funds received for a
retailer's license shall be paid into the General Revenue
Fund. Beginning June 30, 1990 and on June 30 of each subsequent
year through June 29, 2003, any balance over $5,000,000
remaining in the Dram Shop Fund shall be credited to State
liquor licensees and applied against their fees for State
liquor licenses for the following year. The amount credited to

HB2620 Enrolled - 108 - LRB102 11692 SPS 17026 b
each licensee shall be a proportion of the balance in the Dram
Fund that is the same as the proportion of the license fee paid
by the licensee under this Section for the period in which the
balance was accumulated to the aggregate fees paid by all
licensees during that period.
No fee shall be paid for licenses issued by the State
Commission to the following non-beverage users:
(a) Hospitals, sanitariums, or clinics when their use
of alcoholic liquor is exclusively medicinal, mechanical
or scientific.
(b) Universities, colleges of learning or schools when
their use of alcoholic liquor is exclusively medicinal,
mechanical or scientific.
(c) Laboratories when their use is exclusively for the
purpose of scientific research.
(Source: P.A. 100-201, eff. 8-18-17; 100-816, eff. 8-13-18;
101-482, eff. 8-23-19; 101-615, eff. 12-20-19; revised
8-19-20.)
(235 ILCS 5/6-4) (from Ch. 43, par. 121)
Sec. 6-4. (a) No person licensed by any licensing
authority as a distiller, or a wine manufacturer, or any
subsidiary or affiliate thereof, or any officer, associate,
member, partner, representative, employee, agent or
shareholder owning more than 5% of the outstanding shares of
such person shall be issued an importing distributor's or

HB2620 Enrolled - 109 - LRB102 11692 SPS 17026 b
distributor's license, nor shall any person licensed by any
licensing authority as an importing distributor, distributor
or retailer, or any subsidiary or affiliate thereof, or any
officer or associate, member, partner, representative,
employee, agent or shareholder owning more than 5% of the
outstanding shares of such person be issued a distiller's
license, a craft distiller's license, or a wine manufacturer's
license; and no person or persons licensed as a distiller,
craft distiller, class 1 craft distiller, or class 2 craft
distiller by any licensing authority shall have any interest,
directly or indirectly, with such distributor or importing
distributor.
However, an importing distributor or distributor, which on
January 1, 1985 is owned by a brewer, or any subsidiary or
affiliate thereof or any officer, associate, member, partner,
representative, employee, agent or shareholder owning more
than 5% of the outstanding shares of the importing distributor
or distributor referred to in this paragraph, may own or
acquire an ownership interest of more than 5% of the
outstanding shares of a wine manufacturer and be issued a wine
manufacturer's license by any licensing authority.
(b) The foregoing provisions shall not apply to any person
licensed by any licensing authority as a distiller or wine
manufacturer, or to any subsidiary or affiliate of any
distiller or wine manufacturer who shall have been heretofore
licensed by the State Commission as either an importing

HB2620 Enrolled - 110 - LRB102 11692 SPS 17026 b
distributor or distributor during the annual licensing period
expiring June 30, 1947, and shall actually have made sales
regularly to retailers.
(c) Provided, however, that in such instances where a
distributor's or importing distributor's license has been
issued to any distiller or wine manufacturer or to any
subsidiary or affiliate of any distiller or wine manufacturer
who has, during the licensing period ending June 30, 1947,
sold or distributed as such licensed distributor or importing
distributor alcoholic liquors and wines to retailers, such
distiller or wine manufacturer or any subsidiary or affiliate
of any distiller or wine manufacturer holding such
distributor's or importing distributor's license may continue
to sell or distribute to retailers such alcoholic liquors and
wines which are manufactured, distilled, processed or marketed
by distillers and wine manufacturers whose products it sold or
distributed to retailers during the whole or any part of its
licensing periods; and such additional brands and additional
products may be added to the line of such distributor or
importing distributor, provided, that such brands and such
products were not sold or distributed by any distributor or
importing distributor licensed by the State Commission during
the licensing period ending June 30, 1947, but can not sell or
distribute to retailers any other alcoholic liquors or wines.
(d) It shall be unlawful for any distiller licensed
anywhere to have any stock ownership or interest in any

HB2620 Enrolled - 111 - LRB102 11692 SPS 17026 b
distributor's or importing distributor's license wherein any
other person has an interest therein who is not a distiller and
does not own more than 5% of any stock in any distillery.
Nothing herein contained shall apply to such distillers or
their subsidiaries or affiliates, who had a distributor's or
importing distributor's license during the licensing period
ending June 30, 1947, which license was owned in whole by such
distiller, or subsidiaries or affiliates of such distiller.
(e) Any person licensed as a brewer, class 1 brewer, or
class 2 brewer shall be permitted to sell on the licensed
premises to non-licensees for on or off-premises consumption
for the premises in which he or she actually conducts such
business: (i) beer manufactured by the brewer, class 1 brewer,
or class 2 brewer, or class 3 brewer; (ii) beer manufactured by
any other brewer, class 1 brewer, or class 2 brewer, or class 3
brewer; and (iii) cider or mead. Any person licensed as a class
3 brewer shall be permitted to sell on the licensed premises to
non-licensees for on or off premises consumption for the
premises in which he or she actually conducts such business:
(i) beer manufactured by the class 3 brewer on the premises;
(ii) beer manufactured by any other brewer, class 1 brewer,
class 2 brewer, or class 3 brewer; and (iii) cider, wine, and
spirits. All products sold under this subsection that are not
manufactured on premises must be purchased through a licensed
distributor, importing distributor, or manufacturer with
self-distribution privileges. Such sales shall be limited to

HB2620 Enrolled - 112 - LRB102 11692 SPS 17026 b
on-premises, in-person sales only, for lawful consumption on
or off premises. Such authorization shall be considered a
privilege granted by the brewer license and, other than a
manufacturer of beer as stated above, no manufacturer or
distributor or importing distributor, excluding airplane
licensees exercising powers provided in paragraph (i) of
Section 5-1 of this Act, or any subsidiary or affiliate
thereof, or any officer, associate, member, partner,
representative, employee or agent, or shareholder shall be
issued a retailer's license, nor shall any person having a
retailer's license, excluding airplane licensees exercising
powers provided in paragraph (i) of Section 5-1 of this Act, or
any subsidiary or affiliate thereof, or any officer,
associate, member, partner, representative or agent, or
shareholder be issued a manufacturer's license or importing
distributor's license.
A manufacturer of beer that imports or transfers beer into
this State must comply with Sections 6-8 and 8-1 of this Act.
A person who holds a class 1 or class 2 brewer license and
is authorized by this Section to sell beer to non-licensees
shall not sell beer to non-licensees from more than 3 total
brewer or commonly owned brew pub licensed locations in this
State. The class 1 or class 2 brewer shall designate to the
State Commission the brewer or brew pub locations from which
it will sell beer to non-licensees.
A person licensed as a class 1 craft distiller or a class 2

HB2620 Enrolled - 113 - LRB102 11692 SPS 17026 b
craft distiller, including a person who holds more than one
class 1 craft distiller or class 2 craft distiller license,
not affiliated with any other person manufacturing spirits may
be authorized by the State Commission to sell (1) up to 5,000
gallons of spirits produced by the person to non-licensees for
on or off-premises consumption for the premises in which he or
she actually conducts business permitting only the retail sale
of spirits manufactured at such premises and (2) vermouth
purchased through a licensed distributor for on-premises
consumption. Such sales shall be limited to on-premises,
in-person sales only, for lawful consumption on or off
premises, and such authorization shall be considered a
privilege granted by the class 1 craft distiller or class 2
craft distiller license. A class 1 craft distiller or class 2
craft distiller licensed for retail sale shall secure liquor
liability insurance coverage in an amount at least equal to
the maximum liability amounts set forth in subsection (a) of
Section 6-21 of this Act.
A class 1 craft distiller or class 2 craft distiller
license holder shall not deliver any alcoholic liquor to any
non-licensee off the licensed premises. A class 1 craft
distiller or class 2 craft distiller shall affirm in its
annual license application that it does not produce more than
50,000 or 100,000 gallons of distilled spirits annually,
whichever is applicable, and that the craft distiller does not
sell more than 5,000 gallons of spirits to non-licensees for

HB2620 Enrolled - 114 - LRB102 11692 SPS 17026 b
on or off-premises consumption. In the application, which
shall be sworn under penalty of perjury, the class 1 craft
distiller or class 2 craft distiller shall state the volume of
production and sales for each year since the class 1 craft
distiller's or class 2 craft distiller's establishment.
A person who holds a class 1 craft distiller or class 2
craft distiller license and is authorized by this Section to
sell spirits to non-licensees shall not sell spirits to
non-licensees from more than 3 total distillery or commonly
owned distilling pub licensed locations in this State. The
class 1 craft distiller or class 2 craft distiller shall
designate to the State Commission the distillery or distilling
pub locations from which it will sell spirits to
non-licensees.
(f) (Blank).
(g) Notwithstanding any of the foregoing prohibitions, a
limited wine manufacturer may sell at retail at its
manufacturing site for on or off premises consumption and may
sell to distributors. A limited wine manufacturer licensee
shall secure liquor liability insurance coverage in an amount
at least equal to the maximum liability amounts set forth in
subsection (a) of Section 6-21 of this Act.
(h) The changes made to this Section by Public Act 99-47
shall not diminish or impair the rights of any person, whether
a distiller, wine manufacturer, agent, or affiliate thereof,
who requested in writing and submitted documentation to the

HB2620 Enrolled - 115 - LRB102 11692 SPS 17026 b
State Commission on or before February 18, 2015 to be approved
for a retail license pursuant to what has heretofore been
subsection (f); provided that, on or before that date, the
State Commission considered the intent of that person to apply
for the retail license under that subsection and, by recorded
vote, the State Commission approved a resolution indicating
that such a license application could be lawfully approved
upon that person duly filing a formal application for a retail
license and if that person, within 90 days of the State
Commission appearance and recorded vote, first filed an
application with the appropriate local commission, which
application was subsequently approved by the appropriate local
commission prior to consideration by the State Commission of
that person's application for a retail license. It is further
provided that the State Commission may approve the person's
application for a retail license or renewals of such license
if such person continues to diligently adhere to all
representations made in writing to the State Commission on or
before February 18, 2015, or thereafter, or in the affidavit
filed by that person with the State Commission to support the
issuance of a retail license and to abide by all applicable
laws and duly adopted rules.
(i) Notwithstanding any other provision of this Act, the
common ownership of a brewery, winery, or a distillery shall
not authorize the grant of and aggregation of retail
privileges granted to any person or licensees in subsection

HB2620 Enrolled - 116 - LRB102 11692 SPS 17026 b
(e). Any person or licensee with common ownership in a
brewery, winery, or a distillery shall be limited to the
retail privileges granted to only one of the commonly owned
brewery, winery, or distillery. The State Commission is hereby
authorized to restrict the locations of any commonly owned
brewery, winery, or distillery to prevent the expansion of
retail privileges, including, without limitation, restricting
a commonly owned brewery, winery, or distillery from operating
in adjacent licensed premises or restricting self-distribution
privileges.
(Source: P.A. 100-201, eff. 8-18-17; 100-816, eff. 8-13-18;
100-885, eff. 8-14-18; 101-81, eff. 7-12-19; 101-482, eff.
8-23-19; 101-615, eff. 12-20-19.)
(235 ILCS 5/6-5) (from Ch. 43, par. 122)
Sec. 6-5. Except as otherwise provided in this Section, it
is unlawful for any person having a retailer's license or any
officer, associate, member, representative or agent of such
licensee to accept, receive or borrow money, or anything else
of value, or accept or receive credit (other than
merchandising credit in the ordinary course of business for a
period not to exceed 30 days) directly or indirectly from any
manufacturer, importing distributor or distributor of
alcoholic liquor, or from any person connected with or in any
way representing, or from any member of the family of, such
manufacturer, importing distributor, distributor or

HB2620 Enrolled - 117 - LRB102 11692 SPS 17026 b
wholesaler, or from any stockholders in any corporation
engaged in manufacturing, distributing or wholesaling of such
liquor, or from any officer, manager, agent or representative
of said manufacturer. Except as provided below, it is unlawful
for any manufacturer or distributor or importing distributor
to give or lend money or anything of value, or otherwise loan
or extend credit (except such merchandising credit) directly
or indirectly to any retail licensee or to the manager,
representative, agent, officer or director of such licensee. A
manufacturer, distributor or importing distributor may furnish
free advertising, posters, signs, brochures, hand-outs, or
other promotional devices or materials to any unit of
government owning or operating any auditorium, exhibition
hall, recreation facility or other similar facility holding a
retailer's license, provided that the primary purpose of such
promotional devices or materials is to promote public events
being held at such facility. A unit of government owning or
operating such a facility holding a retailer's license may
accept such promotional devices or materials designed
primarily to promote public events held at the facility. No
retail licensee delinquent beyond the 30 day period specified
in this Section shall solicit, accept or receive credit,
purchase or acquire alcoholic liquors, directly or indirectly
from any other licensee, and no manufacturer, distributor or
importing distributor shall knowingly grant or extend credit,
sell, furnish or supply alcoholic liquors to any such

HB2620 Enrolled - 118 - LRB102 11692 SPS 17026 b
delinquent retail licensee; provided that the purchase price
of all beer sold to a retail licensee shall be paid by the
retail licensee in cash on or before delivery of the beer, and
unless the purchase price payable by a retail licensee for
beer sold to him in returnable bottles shall expressly include
a charge for the bottles and cases, the retail licensee shall,
on or before delivery of such beer, pay the seller in cash a
deposit in an amount not less than the deposit required to be
paid by the distributor to the brewer; but where the brewer
sells direct to the retailer, the deposit shall be an amount no
less than that required by the brewer from his own
distributors; and provided further, that in no instance shall
this deposit be less than 50 cents for each case of beer in
pint or smaller bottles and 60 cents for each case of beer in
quart or half-gallon bottles; and provided further, that the
purchase price of all beer sold to an importing distributor or
distributor shall be paid by such importing distributor or
distributor in cash on or before the 15th day (Sundays and
holidays excepted) after delivery of such beer to such
purchaser; and unless the purchase price payable by such
importing distributor or distributor for beer sold in
returnable bottles and cases shall expressly include a charge
for the bottles and cases, such importing distributor or
distributor shall, on or before the 15th day (Sundays and
holidays excepted) after delivery of such beer to such
purchaser, pay the seller in cash a required amount as a

HB2620 Enrolled - 119 - LRB102 11692 SPS 17026 b
deposit to assure the return of such bottles and cases.
Nothing herein contained shall prohibit any licensee from
crediting or refunding to a purchaser the actual amount of
money paid for bottles, cases, kegs or barrels returned by the
purchaser to the seller or paid by the purchaser as a deposit
on bottles, cases, kegs or barrels, when such containers or
packages are returned to the seller. Nothing herein contained
shall prohibit any manufacturer, importing distributor or
distributor from extending usual and customary credit for
alcoholic liquor sold to customers or purchasers who live in
or maintain places of business outside of this State when such
alcoholic liquor is actually transported and delivered to such
points outside of this State.
A manufacturer, distributor, or importing distributor may
furnish free social media advertising to a retail licensee if
the social media advertisement does not contain the retail
price of any alcoholic liquor and the social media
advertisement complies with any applicable rules or
regulations issued by the Alcohol and Tobacco Tax and Trade
Bureau of the United States Department of the Treasury. A
manufacturer, distributor, or importing distributor may list
the names of one or more unaffiliated retailers in the
advertisement of alcoholic liquor through social media.
Nothing in this Section shall prohibit a retailer from
communicating with a manufacturer, distributor, or importing
distributor on social media or sharing media on the social

HB2620 Enrolled - 120 - LRB102 11692 SPS 17026 b
media of a manufacturer, distributor, or importing
distributor. A retailer may request free social media
advertising from a manufacturer, distributor, or importing
distributor. Nothing in this Section shall prohibit a
manufacturer, distributor, or importing distributor from
sharing, reposting, or otherwise forwarding a social media
post by a retail licensee, so long as the sharing, reposting,
or forwarding of the social media post does not contain the
retail price of any alcoholic liquor. No manufacturer,
distributor, or importing distributor shall pay or reimburse a
retailer, directly or indirectly, for any social media
advertising services, except as specifically permitted in this
Act. No retailer shall accept any payment or reimbursement,
directly or indirectly, for any social media advertising
services offered by a manufacturer, distributor, or importing
distributor, except as specifically permitted in this Act. For
the purposes of this Section, "social media" means a service,
platform, or site where users communicate with one another and
share media, such as pictures, videos, music, and blogs, with
other users free of charge.
No right of action shall exist for the collection of any
claim based upon credit extended to a distributor, importing
distributor or retail licensee contrary to the provisions of
this Section.
Every manufacturer, importing distributor and distributor
shall submit or cause to be submitted, to the State

HB2620 Enrolled - 121 - LRB102 11692 SPS 17026 b
Commission, in triplicate, not later than Thursday of each
calendar week, a verified written list of the names and
respective addresses of each retail licensee purchasing
spirits or wine from such manufacturer, importing distributor
or distributor who, on the first business day of that calendar
week, was delinquent beyond the above mentioned permissible
merchandising credit period of 30 days; or, if such is the
fact, a verified written statement that no retail licensee
purchasing spirits or wine was then delinquent beyond such
permissible merchandising credit period of 30 days.
Every manufacturer, importing distributor and distributor
shall submit or cause to be submitted, to the State
Commission, in triplicate, a verified written list of the
names and respective addresses of each previously reported
delinquent retail licensee who has cured such delinquency by
payment, which list shall be submitted not later than the
close of the second full business day following the day such
delinquency was so cured.
The written list of delinquent retail licensees shall be
developed, administered, and maintained only by the State
Commission. The State Commission shall notify each retail
licensee that it has been placed on the delinquency list.
Determinations of delinquency or nondelinquency shall be made
only by the State Commission.
Such written verified reports required to be submitted by
this Section shall be posted by the State Commission in each of

HB2620 Enrolled - 122 - LRB102 11692 SPS 17026 b
its offices in places available for public inspection not
later than the day following receipt thereof by the State
Commission. The reports so posted shall constitute notice to
every manufacturer, importing distributor and distributor of
the information contained therein. Actual notice to
manufacturers, importing distributors and distributors of the
information contained in any such posted reports, however
received, shall also constitute notice of such information.
The 30 day merchandising credit period allowed by this
Section shall commence with the day immediately following the
date of invoice and shall include all successive days
including Sundays and holidays to and including the 30th
successive day.
In addition to other methods allowed by law, payment by
check during the period for which merchandising credit may be
extended under the provisions of this Section shall be
considered payment. All checks received in payment for
alcoholic liquor shall be promptly deposited for collection. A
post dated check or a check dishonored on presentation for
payment shall not be deemed payment.
A retail licensee shall not be deemed to be delinquent in
payment for any alleged sale to him of alcoholic liquor when
there exists a bona fide dispute between such retailer and a
manufacturer, importing distributor or distributor with
respect to the amount of indebtedness existing because of such
alleged sale. A retail licensee shall not be deemed to be

HB2620 Enrolled - 123 - LRB102 11692 SPS 17026 b
delinquent under this provision and 11 Ill. Adm. Code 100.90
until 30 days after the date on which the region in which the
retail licensee is located enters Phase 4 of the Governor's
Restore Illinois Plan as issued on May 5, 2020.
A delinquent retail licensee who engages in the retail
liquor business at 2 or more locations shall be deemed to be
delinquent with respect to each such location.
The license of any person who violates any provision of
this Section shall be subject to suspension or revocation in
the manner provided by this Act.
If any part or provision of this Article or the
application thereof to any person or circumstances shall be
adjudged invalid by a court of competent jurisdiction, such
judgment shall be confined by its operation to the controversy
in which it was mentioned and shall not affect or invalidate
the remainder of this Article or the application thereof to
any other person or circumstance and to this and the
provisions of this Article are declared severable.
(Source: P.A. 101-631, eff. 6-2-20.)
(235 ILCS 5/6-6.1 new)
Sec. 6-6.1. Stocking, rotation, resetting, and pricing
services.
(a) In this Section:
"Reset" means the large-scale rearrangement of the
alcoholic liquor products at a retailer's premises.

HB2620 Enrolled - 124 - LRB102 11692 SPS 17026 b
"Rotation" means moving newer, fresher products from a
storage area to a point-of-sale area and the replenishing of
the point-of-sale area with fresh products.
"Stocking" means the placing of alcoholic liquors where
they are to be stored or where they are offered for sale.
(b) Manufacturers, distributors, or importing distributors
may stock at retail licensed establishments alcoholic liquors
they sell, provided that the alcoholic liquor products of
other manufacturers, distributors, or importing distributors
are not moved, altered, or disturbed. This stocking may be
done one time either during the normal course of, 24 hours
before, or within 24 hours after a regular sales call or one
time either during the normal course of, 24 hours before, or
within 24 hours after delivery to the retailer. The stocking
is considered service incidental to a sales call or delivery.
(c) Manufacturers, distributors, or importing distributors
may rotate their own alcoholic liquor products at a retailer's
premises one time either during the normal course of, 24 hours
before, or within 24 hours after a regular sales call or one
time either during the normal course of, 24 hours before, or
within 24 hours after delivery to the retailer. Rotation may
be performed at any location within a retailer's premises.
(d) Manufacturers, distributors, or importing distributors
may participate in or be present at merchandising resets
conducted at a retailer's premises no more than 4 times per
year. During resets, manufacturers, distributors, or importing

HB2620 Enrolled - 125 - LRB102 11692 SPS 17026 b
distributors may stock or restock entire sections of
point-of-sale locations at the retailer's premises. No reset
shall occur without at least 14 days' prior notice made by the
retailer to all manufacturers, distributors, or importing
distributors whose alcoholic liquor products are carried by
the retailer. Manufacturers, distributors, or importing
distributors may only move, alter, disturb, or displace their
alcoholic liquor products and the products of properly
notified, but nonattending, manufacturers, distributors, or
importing distributors.
(e) Manufacturers, distributors, or importing distributors
may provide to retailers recommended diagrams, shelf plans, or
shelf schematics that suggest beneficial display locations for
their alcoholic liquor products at the retailer's premises.
Manufacturers, distributors, or importing distributors may not
condition pricing discounts, credits, rebates, access to
brands, or the provision of any other item or activity
permissible under this Act upon a retailer's choice to
implement or not implement diagrams, shelf plans, or shelf
schematics.
(f) Manufacturers, distributors, or importing distributors
may not affix prices to products on behalf of retailers. This
prohibition includes the indirect affixing of prices to
product, including entering prices into a retailer's computer
system. This prohibition does not prohibit manufacturers,
distributors, or importing distributors, after stocking a

HB2620 Enrolled - 126 - LRB102 11692 SPS 17026 b
shelf, from affixing shelf tags that identify the product and
price of the alcoholic liquor; however, at no time may
manufacturers, distributors, or importing distributors
delegate or contract this service to a third party. Shelf tags
are considered point-of-sale advertising materials and are
subject to Section 6-6. If permitted stocking by
manufacturers, distributors, or importing distributors
involves movement and a change in the placement of its product
on the retailer's shelf, shelf tags may be moved to the new
position of the product.
(235 ILCS 5/6-9.1)
Sec. 6-9.1. Deliveries to retail establishments.
(a) A distributor of wine or spirits shall deliver to any
retailer within any geographic area in which that distributor
has been granted by a wholesaler the right to sell its
trademark, brand, or name at least once every 2 weeks if (i) in
the case of a retailer located in a county with a population of
at least 3,000,000 inhabitants or in a county adjacent to a
county with at least 3,000,000 inhabitants, the retailer
agrees to purchase at least $200 of wine or spirits from the
distributor every 2 weeks; or (ii) in the case of a retailer
located in a county with a population of less than 3,000,000
that is not adjacent to a county with a population of at least
3,000,000 inhabitants, the retailer agrees to purchase at
least $50 of wine or spirits from the distributor every 2

HB2620 Enrolled - 127 - LRB102 11692 SPS 17026 b
weeks.
(b) On January 1, 2002 and every 2 years thereafter, the
dollar amounts in items (i) and (ii) of subsection (a) shall be
increased or decreased by a percentage equal to the percentage
increase or decrease in the Consumer Price Index during the
previous 2 years according to the most recent available data.
(c) Any brewer or non-resident dealer which holds
self-distribution privileges pursuant to a class 1 brewer
license or a class 3 brewer license under this Act shall
deliver beer to any retailer in the brewer's wholly owned or
leased vehicles or through a freight forwarding service,
excluding common carriers such as Federal Express, United
Parcel Service, or similar common carriers, and shall provide
services to the retailer upon the request of the retailer if
such services are permitted under this Act and the rules of the
Commission.
(Source: P.A. 91-482, eff. 1-1-00.)
(235 ILCS 5/6-9.5 new)
Sec. 6-9.5. Definitions. As used in this Section through
Section 6-9.15:
"Common ownership" means any ownership interest of more
than 5% of the total ownership interest of 2 or more retail
licensees.
"Cooperative agent" means a person or persons with the
authority to contract for the purchase and delivery of wine

HB2620 Enrolled - 128 - LRB102 11692 SPS 17026 b
and spirits on behalf of a cooperative purchase group.
"Cooperative purchase group" means a group of 2 or more
individually owned or commonly owned retail licensees who join
together to enter into a cooperative purchase agreement.
"Cooperative purchasing agreement" means an agreement
entered into between 2 or more individually owned, commonly
owned, or not commonly owned retail licensees for the purpose
of purchasing wine or spirits, excluding any product fermented
with malt or any substitute for malt, from a distributor or
importing distributor.
"Quantity discounting" means a sales program between a
wine or spirits distributor or importing distributor and a
retail licensee, retail licensees, or a cooperative purchase
group in which the primary purpose of the program is to
increase product sales to retail licensees and is not a
subterfuge to provide prohibited things of value as
inducements to retail licensees or to the members of a
cooperative purchasing group. "Quantity discounting" includes
circumstances in which a wine or spirits distributor or
importing distributor offers a retail licensee, retail
licensees, or a cooperative purchase group a discount based
upon an agreement by which the retail licensee, retail
licensees, or a cooperative purchase group may purchase a
predetermined number of products in return for receiving a
discount on the goods purchased that may be applied either as a
price reduction at the time of sale or as a rebate or credit

HB2620 Enrolled - 129 - LRB102 11692 SPS 17026 b
following the sale.
(235 ILCS 5/6-9.10 new)
Sec. 6-9.10. Cooperative purchasing agreements.
(a) A cooperative purchasing agreement shall only be valid
if the following conditions are met:
(1) the agreement is in writing and signed by all
parties to the agreement;
(2) the agreement contains the complete license
information for all parties to the agreement, including
State and local license numbers and expiration dates as
well as the date on which the retail member joined the
cooperative purchase group;
(3) a retail licensee that is a party to the agreement
must not be a party to any other related cooperative
purchasing agreement;
(4) the agreement identifies and designates the name
and address of the agent or agents with the authority to
contract for the purchase and delivery of wine or spirits
on behalf of the cooperative purchase group;
(5) a copy of the executed agreement, including any
amendments, deletions, or additions, is kept on the
premises of each party to the agreement for a period of 3
years;
(6) a copy of the executed agreement, including any
amendments, deletions, or additions, is delivered to the

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relevant licensee with distribution privileges and to the
State Commission before making any purchases under the
agreement; any amendments, deletions, or additions must be
submitted to the State Commission within 7 business days
after the amendment, deletion, or addition is executed;
and
(7) the agreement must designate whether the
cooperative purchasing group is comprised of retail
licenses engaged in the sale of wine or spirits on or off
the premises.
(b) A retail licensee may, pursuant to a cooperative
purchasing agreement, make purchases as a member of a
cooperative purchase group or independently of any such group.
Nothing in this Section or any other Section of this Act shall
be construed to prohibit commonly or not commonly owned retail
licensees from making purchases separate and apart from any
membership in a cooperative purchase group.
(c) A retailer may only be a member of one cooperative
purchase group at a time. A retail licensee may change to a
different cooperative purchase group no more than twice in a
12-month period. However, if an existing cooperative purchase
group member purchases a retail location from a member of
another cooperative purchase group, the new owner of the
retail location may move the membership of the retail licensee
to a different cooperative purchasing group.
(d) When a retail licensee joins an existing cooperative

HB2620 Enrolled - 131 - LRB102 11692 SPS 17026 b
purchasing group, the new member must be a member for a period
of 7 days before being able to participate in any quantity
discount programs.
(e) Cooperative purchasing group members must be either
all on-premises retail licensees or all off-premises retail
licensees.
(f) Any individual retail licensee that is a member of a
cooperative purchase group that fails to comply with the terms
and conditions of this Section may be deemed to be in violation
of Section 6-5. Any distributor or importing distributor that
fails to comply with this Section may be deemed to be in
violation of Section 6-5.
(g) The State Commission shall keep a list of the members
of each cooperative purchase group and shall make that list
available on its website.
(h) A retail licensee that is a member of a cooperative
purchase group shall not have an ownership interest, directly
or indirectly, in any entity licensed by this Act other than a
retailer.
(i) It is unlawful for a distributor or importing
distributor to furnish, give, or lend money or anything of
value to a cooperative agent.
(j) It is the duty of each retail licensee of the
cooperative purchase group to make books and records available
upon reasonable notice for the purpose of investigation and
control by the State Commission or any local liquor control

HB2620 Enrolled - 132 - LRB102 11692 SPS 17026 b
commission having jurisdiction over the retail licensee of the
cooperative purchase group.
(k) A cooperative agent shall not have an ownership
interest, directly or indirectly, in an entity licensed under
any other license category under this Act.
(l) A retailer, manufacturer, importing distributor,
distributor, or cooperative agent shall remain in compliance
with federal law pursuant to the prohibitions and exceptions
provided in 27 CFR Part 6 and any promulgated rules thereof. A
cooperative agent that is compliant with Sections 6-5 and 6-6
shall not receive cash or anything of value from both the
retail licensee and an importing distributor or distributor,
non-resident dealer or manufacturers as part of a cooperative
purchasing group agreement.
(235 ILCS 5/6-9.15 new)
Sec. 6-9.15. Quantity discounting terms for wine or
spirits cooperative purchase agreements.
(a) All wine or spirits quantity discount programs offered
to consumption off the premises retailers must be offered to
all consumption off the premises cooperative groups and
cooperative agents; and all quantity discount programs offered
to consumption on the premises retailers shall be offered to
all consumption on the premises cooperative groups and
cooperative agents. Quantity discount programs shall:
(1) be open and available for acceptance for 7

HB2620 Enrolled - 133 - LRB102 11692 SPS 17026 b
business days;
(2) be designed and implemented to produce product
volume growth with retail licensees;
(3) be based on the volume of product purchased;
however, discounts may include price reductions, cash, and
credits and no-charge wine or spirits products may be
given instead of a discount;
(4) be documented on related sales invoices or credit
memoranda;
(5) not require a retail licensee to take and dispose
of any quota of wine or spirits; however, bona fide
quantity discounts shall not be deemed to be quota sales;
and
(6) not require a retail licensee to purchase one
product in order to purchase another; this includes
combination sales if one or more products may be purchased
only in combination with other products and not
individually.
(b) A distributor or importing distributor that makes
quantity discount sales to participating members of a
cooperative purchase group shall issue customary invoices to
each participating retail licensee itemizing the wine or
spirit sold and delivered as part of a quantity discount
program to each participating retail licensee.
(c) If a distributor or importing distributor offers a
quantity discount for wine or spirits, excluding any product

HB2620 Enrolled - 134 - LRB102 11692 SPS 17026 b
fermented with malt or any substitute for malt, cooperative
purchase groups shall purchase a minimum of 250 cases in each
quantity discount program. Each individual participating
member of a cooperative purchase group purchasing product
through a quantity discount program may be required to
purchase the following minimum amounts:
(1) 2% of cases of any quantity discount program of
500 or fewer cases.
(2) 1.5% of cases of any quantity discount program of
at least 501 and not more than 2,000 cases.
(3) 1% of cases of any quantity discount program of
2,001 or more cases.
(d) The cooperative agent shall place each cooperative
purchase order under the name of the cooperative purchase
group and shall identify each participating retail member
involved with the purchase, the quantity of product purchase,
the price attributable to each retailer member's purchase and
a requested delivery date. A retail licensee may make
purchases through a cooperative purchasing group or
independently of such group. Nothing in this Section shall be
construed to prohibit retail licensees from making purchases
separate and apart from any cooperative purchasing group.
(e) Each distributor or importing distributor shall
separately invoice each participating cooperative purchase
group member for the purchase made on behalf of such
participating member.

HB2620 Enrolled - 135 - LRB102 11692 SPS 17026 b
(f) A cooperative purchasing group shall maintain the
records of each cooperative purchase order placed for 90 days.
The records shall include:
(1) the date the cooperative purchasing group order
was placed and the date of any amendments to the order;
(2) the distributor or importing distributor with
which the cooperative purchasing group placed the order;
(3) the names and license numbers of each cooperative
purchasing group member participating in the order;
(4) the price discounts and net price of all wine or
spirits ordered by each cooperative purchase group member;
and
(5) the requested delivery date for the order.
(g) A cooperative purchase group is subject to the books
and records requirements of Section 6-10 and subsection (e) of
11 Ill. Admin. Code 100.130.
(h) A cooperative purchasing group shall retain a surety
bond at all times for no less than $250,000. If a cooperative
purchasing group member is delinquent in payment pursuant to
Section 6-5, the surety shall immediately pay the importing
distributor or distributor the delinquent amount. The surety
bond required by this Section may be acquired from a company,
agent, or broker of the cooperative purchase group's choice.
If the surety bond does not cure the indebtedness, the 30-day
merchandising credit requirements of Section 6-5 shall apply
jointly to each cooperative purchasing group until the

HB2620 Enrolled - 136 - LRB102 11692 SPS 17026 b
indebtedness is cured. The cooperative purchasing group is
responsible for all costs and fees related to the surety bond.
(i) Any licensee that fails to comply with the terms and
conditions of this Section may be deemed to be in violation of
this Act.
(j) Nothing in this Section shall apply to quantity
discount programs offered for any product fermented with malt
or any substitute for malt. Nothing in the Section shall be
construed to prohibit, limit, or interfere with quantity
discount, credit, or rebate programs offered for any product
fermented with malt or any substitute for malt.
(235 ILCS 5/6-17.5 new)
Sec. 6-17.5. Purchase of wine or spirits by a retail
licensee from another retail licensee.
(a) No retail licensee may purchase wine or spirits from,
or possess wine or spirits purchased from, any person other
than a distributor or importing distributor; however, a retail
licensee that purchases wine or spirits from a licensed
Illinois retailer shall only receive a warning for the first 2
violations of this Section within a 12-month period. If a
retail licensee violates this Section a third time within the
same 12-month period of the preceding 2 warnings, then the
retailer licensee may be subject to the penalties under
Section 10-1.
(b) A retailer that is delinquent in payment pursuant to

HB2620 Enrolled - 137 - LRB102 11692 SPS 17026 b
Section 6-5 shall be prohibited from purchasing wine or
spirits from another retailer pursuant to this Section until
the indebtedness is cured.
(235 ILCS 5/6-37 new)
Sec. 6-37. Transfer of wine or spirits by a retail
licensee with multiple licenses.
(a) No original package of wine or spirits may be
transferred from one retail licensee to any other retail
licensee without prior permission from the State Commission;
however, if the same retailer owns more than one licensed
retail location, an off-premise retailer may transfer up to 3%
of its average monthly purchases by volume and an on-premise
retailer may transfer up to 5% of its average monthly
purchases by volume of original package of wine or spirits
from one or more of such retailer's licensed locations to
another of that retailer's licensed locations each month
without prior permission from the State Commission, subject to
the following conditions:
(1) notice is provided to the distributor responsible
for the geographic area of the brand, size, and quantity
of the wine or spirits to be transferred within the
geographic area; and
(2) the transfer is made by common carrier, a licensed
distributor's or importing distributor's vehicle, or a
vehicle owned and operated by the licensee.

HB2620 Enrolled - 138 - LRB102 11692 SPS 17026 b
(b) All transfers must be properly documented on a form
provided by the State Commission that includes the following
information:
(1) the license number of the retail licensee's
location from which the transfer is to be made and the
license number of the retail licensee's location to which
the transfer is to be made;
(2) the brand, size, and quantity of the wine or
spirits to be transferred; and
(3) the date the transfer is made.
(c) A retail licensee location that transfers or receives
an original package of wine or spirits as authorized by this
Section shall not be deemed to be engaged in business as a
wholesaler or distributor based upon the transfer authorized
by this Section.
(d) A transfer authorized by this Section shall not be
deemed a sale.
(e) A retailer that is delinquent in payment pursuant to
Section 6-5 shall be prohibited from transferring wine or
spirits to a commonly owned retailer pursuant to this Section
until the indebtedness is cured.
(f) As used in this Section:
"Average monthly purchases" is calculated using a 12-month
rolling average of the total volume purchased over the 12 most
recent months previous to the month in which the transfer is
made and dividing that total by 12.

HB2620 Enrolled - 139 - LRB102 11692 SPS 17026 b
"Month" means a calendar month.
(235 ILCS 5/6-38 new)
Sec. 6-38. One-time inventory transfer of wine or spirits
by a retail licensee with multiple licenses.
(a) No original package of wine or spirits may be
transferred from one retail licensee to any other retail
licensee without permission from the State Commission pursuant
to 11 Ill. Admin. Code 100.250; however, if the same retailer
owns more than one licensed retail location, the retailer may
transfer inventory of original packages of wine or spirits
from one or more of such retailer's licensed locations to
another of that retailer's licensed locations without prior
permission from the State Commission, under the following
circumstances:
(1) acts of god (such as, but not limited to,
pandemics, fires, explosions, tornadoes, earthquakes,
drought, and floods);
(2) federal, State, or local law or ordinance change;
(3) bankruptcy;
(4) permanent or temporary closure of one or more of
the retail licensee's locations;
(5) the retail licensee obtains an additional liquor
license for a new location;
(6) a retail licensee purchases another retail
licensee's location;

HB2620 Enrolled - 140 - LRB102 11692 SPS 17026 b
(7) a new licensee opens a business at the same
location where the prior licensee conducted business, when
the new licensee takes possession of the inventory of the
immediately prior license; or
(8) other unforeseeable circumstances beyond the
control of the licensee, such as circumstances:
(A) the licensee cannot reasonably take
precautions to prevent; and
(B) in which the only reasonable method of
disposing of the alcoholic liquor products would be a
transfer to another licensee or location.
(b) The transfer shall be made by:
(1) common carrier;
(2) a licensed distributor's or importing
distributor's vehicle; or
(3) a vehicle owned and operated by the licensee.
(c) All transfers must be properly documented on a form
provided by the State Commission that includes the following
information:
(1) the license number of the retail licensee's
location from which the transfer is to be made and the
license number of the retail licensee's location to which
the transfer is to be made;
(2) the brand, size, and quantity of the wine or
spirits to be transferred; and
(3) the date the transfer is made.

HB2620 Enrolled - 141 - LRB102 11692 SPS 17026 b
(d) A retail licensee location that transfers or receives
an original package of wine or spirits as authorized by this
Section shall not be deemed to be engaged in business as a
wholesaler or distributor based upon the transfer authorized
by this Section.
(e) A transfer authorized by this Section shall not be
deemed a sale.
(235 ILCS 5/8-10.5 new)
Sec. 8-10.5. Beer production quantity reporting.
(a) As used in this Section:
"Directly" means that a licensed distributor was not used
in the transaction.
"Final packaging container" means the last vessel in which
beer is held before (i) consumption by an individual on the
brewer's licensed premises; (ii) being placed in a keg,
bottle, or can for consumption by an individual; or (iii)
being removed for additional fermentation and aging in a cask
or barrel.
(b) A brewer who is a class 1 brewer, class 2 brewer, class
3 brewer, or brew pub licensee shall accurately measure the
quantity of beer transferred into its final packaging
container to determine the brewer's tax liability by
converting beer production into the amount of beer sold and to
ensure compliance with any production or self-distribution
quantity limitations under this Act applicable to the class 1

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brewer, class 2 brewer, class 3 brewer, or brew pub. The
measurement shall comply with 27 CFR 25.41 and 27 CFR 25.42.
Any brewer subject to this Section shall file, on the same date
as the brewer files similar reports with the U.S. Department
of the Treasury's Tobacco and Alcohol Tax and Trade Bureau,
with the Department and State Commission a report of their use
of water along with their "Brewer's Report of Operations"
filed with the U.S. Department of Treasury's Alcohol and
Tobacco Tax and Trade Bureau and shall maintain and produce
for examination and inspection by the Department and the State
Commission utility bills for water for 3 years along with
their "Brewer's Report of Operations" filed with the U.S.
Department of Treasury's Alcohol and Tobacco Tax and Trade
Bureau. The Department, in cooperation with the State
Commission, may audit on an annual basis the amount a class 1
brewer, class 2 brewer, class 3 brewer, or brew pub licensee
produces to determine compliance with this Act.
(c) A brewer's failure to comply with this Section shall
result in the State Commission issuing a fine or suspending or
revoking the brewer's license.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes

HB2620 Enrolled - 143 - LRB102 11692 SPS 17026 b
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law, except that the changes to Section 6-5 of the
Liquor Control Act of 1934 take effect January 1, 2022.