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| Public Act 099-0282
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| HB4018 Enrolled | LRB099 07839 RPS 27974 b |
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AN ACT concerning liquor.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by |
adding Sections 1-3.40, 1-3.41, and 6-6.3 as follows:
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(235 ILCS 5/1-3.40 new) |
Sec. 1-3.40. Manufacturer class license holder. |
"Manufacturer class license holder" means any holder of a |
Manufacturer's license as provided in Section 5-1 of this Act. |
The Manufacturer's licenses are: a Class 1. Distiller, a Class |
2. Rectifier, a Class 3. Brewer, a Class 4. First Class Wine |
Manufacturer, a Class 5. Second Class Wine Manufacturer, a |
Class 6. First Class Winemaker, a Class 7. Second Class |
Winemaker, a Class 8. Limited Wine Manufacturer, a Class 9. |
Craft Distiller, and a Class 10. Craft Brewer and any future |
Manufacturer's licenses established by law.
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(235 ILCS 5/1-3.41 new) |
Sec. 1-3.41. Non-alcoholic merchandise. "Non-alcoholic |
merchandise" means any good or commodity that contains less |
than 0.5 percent alcohol by volume. For purposes of this Act, |
"non-alcoholic merchandise" does not include trade fixtures, |
equipment, or furnishings that are used or intended for the |
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limited purpose of storing, servicing, displaying, |
advertising, furnishing, selling, or aiding in the sale of |
alcoholic liquors.
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(235 ILCS 5/6-6.3 new) |
Sec. 6-6.3. Non-alcoholic merchandise. |
(a) Nothing in this Act shall authorize the Illinois Liquor |
Control Commission to regulate or exercise jurisdiction over |
any action, transaction, and business of manufacturers, |
distributors, or retailers engaged in any transaction |
involving the furnishing, selling, or offering for sale of |
non-alcoholic merchandise by manufacturers, distributors, or |
retailers, unless the transaction involves expressed or |
implied agreements or understandings prohibited by this Act. |
(b) Non-alcoholic merchandise may be sold by a manufacturer |
class license holder, non-resident dealer, foreign importer, |
importing distributor, or distributor to a retail licensee if: |
(1) the manufacturer class license holder, |
non-resident dealer, foreign importer, importing |
distributor, or distributor is also in business as a bona |
fide producer or vendor of other merchandise; |
(2) the merchandise is sold at its fair market value; |
(3) the non-alcoholic merchandise is not sold in |
combination with alcoholic liquor or conditioned on the |
sale of alcoholic liquor; |
(4) the manufacturer class license holder's, |
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non-resident dealer's, foreign importer's, importing |
distributor's, or distributor's acquisition or production |
costs of the non-alcoholic merchandise appear on the |
manufacturer class license holder's, non-resident |
dealer's, foreign importer's, importing distributor's, or |
distributor's purchase invoices or other records; |
(5) the individual selling prices of the non-alcoholic |
merchandise and alcoholic liquor sold in a single |
transaction can be determined from commercial documents |
covering the sales transaction if non-alcoholic |
merchandise is sold in the same transaction as alcoholic |
liquor; and |
(6) the price is collected by the manufacturer class |
license holder, non-resident dealer, foreign importer, or |
distributor within 30 days of the date of the sale, unless |
other terms are established in writing between the parties. |
(c) The State Commission may not prohibit the sale of |
non-alcoholic merchandise if it is sold in the manner in which |
the non-alcoholic merchandise is sold by a manufacturer or |
distributor that is not licensed by the State Commission; |
provided, however, that all invoices for non-alcoholic |
merchandise sold by a manufacturer class license holder, |
non-resident dealer, foreign importer, importing distributor, |
or distributor that is also in business as a bona fide producer |
or vendor of other merchandise must be in compliance with the |
books and records requirements of 11 Ill. Adm. Code 100.130. If |
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the non-alcoholic merchandise is sold on the same invoice as an |
alcoholic liquor product, the 30-day merchandising credit |
provisions of Section 6-5 of this Act shall apply to the entire |
transaction, including the non-alcoholic merchandise. |
(d) Except as provided in subsection (f), a manufacturer |
class license holder, non-resident dealer, foreign importer, |
importing distributor, or distributor that is also in business |
as a bona fide producer or vendor of non-alcoholic merchandise |
shall not condition the sale of its alcoholic liquor on the |
sale of its non-alcoholic merchandise and shall not combine the |
sale of its alcoholic liquor with the sale of its non-alcoholic |
merchandise. A manufacturer class license holder, non-resident |
dealer, foreign importer, importing distributor, or |
distributor that is also in business as a bona fide producer or |
vendor of non-alcoholic merchandise may sell, market, and |
promote non-alcoholic merchandise in the same manner in which |
the non-alcoholic merchandise is sold, marketed, or promoted by |
a manufacturer or distributor not licensed by the State |
Commission. |
(e) Notwithstanding the prohibited furnishing or providing |
of fixtures, equipment, and furnishings to retailers as |
contained in Section 6-6 of this Act, the act of a manufacturer |
class license holder, non-resident dealer, foreign importer, |
importing distributor, or distributor furnishing or providing |
retailers with fixtures, equipment, or furnishings for the |
limited purpose of storing, servicing, displaying, |
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advertising, furnishing, selling, or aiding in the sale of |
non-alcoholic merchandise is permitted, only to the extent |
allowed by this Section, and such fixtures, equipment, and |
furnishings shall not be used by the retail licensee to store, |
service, display, advertise, furnish, sell, or aid in the sale |
of alcoholic liquors. All such fixtures, equipment, or |
furnishings shall be identified by the retail licensee as being |
furnished by a manufacturer class license holder, non-resident |
dealer, foreign importer, importing distributor, or |
distributor licensed by the State Commission and, if purchased |
by the retail licensee and sold on the same invoice as |
alcoholic liquor products, the price must be collected by the |
manufacturer class license holder, non-resident dealer, |
foreign importer, importing distributor, or distributor |
selling the same within 30 days of the date of sale. |
(f) Notwithstanding any provision of this Act to the |
contrary, a manufacturer class license holder, non-resident |
dealer, foreign importer, importing distributor, or |
distributor may package and distribute alcoholic liquor in |
combination with other non-alcoholic merchandise products if |
the alcoholic liquor and non-alcoholic merchandise was |
originally packaged together for ultimate sale to consumers by |
the manufacturer or agent of the manufacturer as originally |
packaged by the manufacturer or agent of the manufacturer for |
ultimate sale to consumers.
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Section 99. Effective date. This Act takes effect upon |
