Bill Text: IL HB4897 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Liquor Control Act of 1934. Authorizes a brewer, class 1 brewer, or class 2 brewer to sell beer manufactured by any other brewer, class 1 brewer, or class 2 brewer to non-licensees and to sell cider. Authorizes a distributor licensee to sell beer, cider, or both beer and cider to brewers, class 1 brewers, and class 2 brewers that, pursuant to a specified provision of the Act, sell beer, cider, or both beer and cider to non-licensees at their breweries. Provides that (i) a person licensed to make wine under the laws of another state who has a winery shipper's license and annually produces less than 25,000 gallons of wine or (ii) 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 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 wine to brewers, class 1 brewers, and class 2 brewers that, pursuant to a specified provision of the Act, sell beer, cider, or both beer and cider to non-licensees at their breweries. Makes conforming changes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2018-06-21 - Sent to the Governor [HB4897 Detail]

Download: Illinois-2017-HB4897-Enrolled.html



HB4897 EnrolledLRB100 18877 RPS 34121 b
1 AN ACT concerning liquor.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 3-12, 5-1, 5-3, and 6-4 as follows:
6 (235 ILCS 5/3-12)
7 Sec. 3-12. Powers and duties of State Commission.
8 (a) The State commission shall have the following powers,
9functions, and duties:
10 (1) To receive applications and to issue licenses to
11 manufacturers, foreign importers, importing distributors,
12 distributors, non-resident dealers, on premise consumption
13 retailers, off premise sale retailers, special event
14 retailer licensees, special use permit licenses, auction
15 liquor licenses, brew pubs, caterer retailers,
16 non-beverage users, railroads, including owners and
17 lessees of sleeping, dining and cafe cars, airplanes,
18 boats, brokers, and wine maker's premises licensees in
19 accordance with the provisions of this Act, and to suspend
20 or revoke such licenses upon the State commission's
21 determination, upon notice after hearing, that a licensee
22 has violated any provision of this Act or any rule or
23 regulation issued pursuant thereto and in effect for 30

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1 days prior to such violation. Except in the case of an
2 action taken pursuant to a violation of Section 6-3, 6-5,
3 or 6-9, any action by the State Commission to suspend or
4 revoke a licensee's license may be limited to the license
5 for the specific premises where the violation occurred. An
6 action for a violation of this Act shall be commenced by
7 the State Commission within 2 years after the date the
8 State Commission becomes aware of the violation.
9 In lieu of suspending or revoking a license, the
10 commission may impose a fine, upon the State commission's
11 determination and notice after hearing, that a licensee has
12 violated any provision of this Act or any rule or
13 regulation issued pursuant thereto and in effect for 30
14 days prior to such violation.
15 For the purpose of this paragraph (1), when determining
16 multiple violations for the sale of alcohol to a person
17 under the age of 21, a second or subsequent violation for
18 the sale of alcohol to a person under the age of 21 shall
19 only be considered if it was committed within 5 years after
20 the date when a prior violation for the sale of alcohol to
21 a person under the age of 21 was committed.
22 The fine imposed under this paragraph may not exceed
23 $500 for each violation. Each day that the activity, which
24 gave rise to the original fine, continues is a separate
25 violation. The maximum fine that may be levied against any
26 licensee, for the period of the license, shall not exceed

HB4897 Enrolled- 3 -LRB100 18877 RPS 34121 b
1 $20,000. The maximum penalty that may be imposed on a
2 licensee for selling a bottle of alcoholic liquor with a
3 foreign object in it or serving from a bottle of alcoholic
4 liquor with a foreign object in it shall be the destruction
5 of that bottle of alcoholic liquor for the first 10 bottles
6 so sold or served from by the licensee. For the eleventh
7 bottle of alcoholic liquor and for each third bottle
8 thereafter sold or served from by the licensee with a
9 foreign object in it, the maximum penalty that may be
10 imposed on the licensee is the destruction of the bottle of
11 alcoholic liquor and a fine of up to $50.
12 Any notice issued by the State Commission to a licensee
13 for a violation of this Act or any notice with respect to
14 settlement or offer in compromise shall include the field
15 report, photographs, and any other supporting
16 documentation necessary to reasonably inform the licensee
17 of the nature and extent of the violation or the conduct
18 alleged to have occurred.
19 (2) To adopt such rules and regulations consistent with
20 the provisions of this Act which shall be necessary to
21 carry on its functions and duties to the end that the
22 health, safety and welfare of the People of the State of
23 Illinois shall be protected and temperance in the
24 consumption of alcoholic liquors shall be fostered and
25 promoted and to distribute copies of such rules and
26 regulations to all licensees affected thereby.

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1 (3) To call upon other administrative departments of
2 the State, county and municipal governments, county and
3 city police departments and upon prosecuting officers for
4 such information and assistance as it deems necessary in
5 the performance of its duties.
6 (4) To recommend to local commissioners rules and
7 regulations, not inconsistent with the law, for the
8 distribution and sale of alcoholic liquors throughout the
9 State.
10 (5) To inspect, or cause to be inspected, any premises
11 in this State where alcoholic liquors are manufactured,
12 distributed, warehoused, or sold. Nothing in this Act
13 authorizes an agent of the Commission to inspect private
14 areas within the premises without reasonable suspicion or a
15 warrant during an inspection. "Private areas" include, but
16 are not limited to, safes, personal property, and closed
17 desks.
18 (5.1) Upon receipt of a complaint or upon having
19 knowledge that any person is engaged in business as a
20 manufacturer, importing distributor, distributor, or
21 retailer without a license or valid license, to notify the
22 local liquor authority, file a complaint with the State's
23 Attorney's Office of the county where the incident
24 occurred, or initiate an investigation with the
25 appropriate law enforcement officials.
26 (5.2) To issue a cease and desist notice to persons

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1 shipping alcoholic liquor into this State from a point
2 outside of this State if the shipment is in violation of
3 this Act.
4 (5.3) To receive complaints from licensees, local
5 officials, law enforcement agencies, organizations, and
6 persons stating that any licensee has been or is violating
7 any provision of this Act or the rules and regulations
8 issued pursuant to this Act. Such complaints shall be in
9 writing, signed and sworn to by the person making the
10 complaint, and shall state with specificity the facts in
11 relation to the alleged violation. If the Commission has
12 reasonable grounds to believe that the complaint
13 substantially alleges a violation of this Act or rules and
14 regulations adopted pursuant to this Act, it shall conduct
15 an investigation. If, after conducting an investigation,
16 the Commission is satisfied that the alleged violation did
17 occur, it shall proceed with disciplinary action against
18 the licensee as provided in this Act.
19 (6) To hear and determine appeals from orders of a
20 local commission in accordance with the provisions of this
21 Act, as hereinafter set forth. Hearings under this
22 subsection shall be held in Springfield or Chicago, at
23 whichever location is the more convenient for the majority
24 of persons who are parties to the hearing.
25 (7) The commission shall establish uniform systems of
26 accounts to be kept by all retail licensees having more

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1 than 4 employees, and for this purpose the commission may
2 classify all retail licensees having more than 4 employees
3 and establish a uniform system of accounts for each class
4 and prescribe the manner in which such accounts shall be
5 kept. The commission may also prescribe the forms of
6 accounts to be kept by all retail licensees having more
7 than 4 employees, including but not limited to accounts of
8 earnings and expenses and any distribution, payment, or
9 other distribution of earnings or assets, and any other
10 forms, records and memoranda which in the judgment of the
11 commission may be necessary or appropriate to carry out any
12 of the provisions of this Act, including but not limited to
13 such forms, records and memoranda as will readily and
14 accurately disclose at all times the beneficial ownership
15 of such retail licensed business. The accounts, forms,
16 records and memoranda shall be available at all reasonable
17 times for inspection by authorized representatives of the
18 State commission or by any local liquor control
19 commissioner or his or her authorized representative. The
20 commission, may, from time to time, alter, amend or repeal,
21 in whole or in part, any uniform system of accounts, or the
22 form and manner of keeping accounts.
23 (8) In the conduct of any hearing authorized to be held
24 by the commission, to appoint, at the commission's
25 discretion, hearing officers to conduct hearings involving
26 complex issues or issues that will require a protracted

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1 period of time to resolve, to examine, or cause to be
2 examined, under oath, any licensee, and to examine or cause
3 to be examined the books and records of such licensee; to
4 hear testimony and take proof material for its information
5 in the discharge of its duties hereunder; to administer or
6 cause to be administered oaths; for any such purpose to
7 issue subpoena or subpoenas to require the attendance of
8 witnesses and the production of books, which shall be
9 effective in any part of this State, and to adopt rules to
10 implement its powers under this paragraph (8).
11 Any Circuit Court may by order duly entered, require
12 the attendance of witnesses and the production of relevant
13 books subpoenaed by the State commission and the court may
14 compel obedience to its order by proceedings for contempt.
15 (9) To investigate the administration of laws in
16 relation to alcoholic liquors in this and other states and
17 any foreign countries, and to recommend from time to time
18 to the Governor and through him or her to the legislature
19 of this State, such amendments to this Act, if any, as it
20 may think desirable and as will serve to further the
21 general broad purposes contained in Section 1-2 hereof.
22 (10) To adopt such rules and regulations consistent
23 with the provisions of this Act which shall be necessary
24 for the control, sale or disposition of alcoholic liquor
25 damaged as a result of an accident, wreck, flood, fire or
26 other similar occurrence.

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1 (11) To develop industry educational programs related
2 to responsible serving and selling, particularly in the
3 areas of overserving consumers and illegal underage
4 purchasing and consumption of alcoholic beverages.
5 (11.1) To license persons providing education and
6 training to alcohol beverage sellers and servers for
7 mandatory and non-mandatory training under the Beverage
8 Alcohol Sellers and Servers Education and Training
9 (BASSET) programs and to develop and administer a public
10 awareness program in Illinois to reduce or eliminate the
11 illegal purchase and consumption of alcoholic beverage
12 products by persons under the age of 21. Application for a
13 license shall be made on forms provided by the State
14 Commission.
15 (12) To develop and maintain a repository of license
16 and regulatory information.
17 (13) On or before January 15, 1994, the Commission
18 shall issue a written report to the Governor and General
19 Assembly that is to be based on a comprehensive study of
20 the impact on and implications for the State of Illinois of
21 Section 1926 of the federal ADAMHA Reorganization Act of
22 1992 (Public Law 102-321). This study shall address the
23 extent to which Illinois currently complies with the
24 provisions of P.L. 102-321 and the rules promulgated
25 pursuant thereto.
26 As part of its report, the Commission shall provide the

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1 following essential information:
2 (i) the number of retail distributors of tobacco
3 products, by type and geographic area, in the State;
4 (ii) the number of reported citations and
5 successful convictions, categorized by type and
6 location of retail distributor, for violation of the
7 Prevention of Tobacco Use by Minors and Sale and
8 Distribution of Tobacco Products Act and the Smokeless
9 Tobacco Limitation Act;
10 (iii) the extent and nature of organized
11 educational and governmental activities that are
12 intended to promote, encourage or otherwise secure
13 compliance with any Illinois laws that prohibit the
14 sale or distribution of tobacco products to minors; and
15 (iv) the level of access and availability of
16 tobacco products to individuals under the age of 18.
17 To obtain the data necessary to comply with the
18 provisions of P.L. 102-321 and the requirements of this
19 report, the Commission shall conduct random, unannounced
20 inspections of a geographically and scientifically
21 representative sample of the State's retail tobacco
22 distributors.
23 The Commission shall consult with the Department of
24 Public Health, the Department of Human Services, the
25 Illinois State Police and any other executive branch
26 agency, and private organizations that may have

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1 information relevant to this report.
2 The Commission may contract with the Food and Drug
3 Administration of the U.S. Department of Health and Human
4 Services to conduct unannounced investigations of Illinois
5 tobacco vendors to determine compliance with federal laws
6 relating to the illegal sale of cigarettes and smokeless
7 tobacco products to persons under the age of 18.
8 (14) On or before April 30, 2008 and every 2 years
9 thereafter, the Commission shall present a written report
10 to the Governor and the General Assembly that shall be
11 based on a study of the impact of Public Act 95-634 on the
12 business of soliciting, selling, and shipping wine from
13 inside and outside of this State directly to residents of
14 this State. As part of its report, the Commission shall
15 provide all of the following information:
16 (A) The amount of State excise and sales tax
17 revenues generated.
18 (B) The amount of licensing fees received.
19 (C) The number of cases of wine shipped from inside
20 and outside of this State directly to residents of this
21 State.
22 (D) The number of alcohol compliance operations
23 conducted.
24 (E) The number of winery shipper's licenses
25 issued.
26 (F) The number of each of the following: reported

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1 violations; cease and desist notices issued by the
2 Commission; notices of violations issued by the
3 Commission and to the Department of Revenue; and
4 notices and complaints of violations to law
5 enforcement officials, including, without limitation,
6 the Illinois Attorney General and the U.S. Department
7 of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
8 (15) As a means to reduce the underage consumption of
9 alcoholic liquors, the Commission shall conduct alcohol
10 compliance operations to investigate whether businesses
11 that are soliciting, selling, and shipping wine from inside
12 or outside of this State directly to residents of this
13 State are licensed by this State or are selling or
14 attempting to sell wine to persons under 21 years of age in
15 violation of this Act.
16 (16) The Commission shall, in addition to notifying any
17 appropriate law enforcement agency, submit notices of
18 complaints or violations of Sections 6-29 and 6-29.1 by
19 persons who do not hold a winery shipper's license under
20 this Act to the Illinois Attorney General and to the U.S.
21 Department of Treasury's Alcohol and Tobacco Tax and Trade
22 Bureau.
23 (17)(A) A person licensed to make wine under the laws
24 of another state who has a winery shipper's license under
25 this Act and annually produces less than 25,000 gallons of
26 wine or a person who has a first-class or second-class wine

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1 manufacturer's license, a first-class or second-class
2 wine-maker's license, or a limited wine manufacturer's
3 license under this Act and annually produces less than
4 25,000 gallons of wine may make application to the
5 Commission for a self-distribution exemption to allow the
6 sale of not more than 5,000 gallons of the exemption
7 holder's wine to retail licensees per year.
8 (B) In the application, which shall be sworn under
9 penalty of perjury, such person shall state (1) the date it
10 was established; (2) its volume of production and sales for
11 each year since its establishment; (3) its efforts to
12 establish distributor relationships; (4) that a
13 self-distribution exemption is necessary to facilitate the
14 marketing of its wine; and (5) that it will comply with the
15 liquor and revenue laws of the United States, this State,
16 and any other state where it is licensed.
17 (C) The Commission shall approve the application for a
18 self-distribution exemption if such person: (1) is in
19 compliance with State revenue and liquor laws; (2) is not a
20 member of any affiliated group that produces more than
21 25,000 gallons of wine per annum or produces any other
22 alcoholic liquor; (3) will not annually produce for sale
23 more than 25,000 gallons of wine; and (4) will not annually
24 sell more than 5,000 gallons of its wine to retail
25 licensees.
26 (D) A self-distribution exemption holder shall

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1 annually certify to the Commission its production of wine
2 in the previous 12 months and its anticipated production
3 and sales for the next 12 months. The Commission may fine,
4 suspend, or revoke a self-distribution exemption after a
5 hearing if it finds that the exemption holder has made a
6 material misrepresentation in its application, violated a
7 revenue or liquor law of Illinois, exceeded production of
8 25,000 gallons of wine in any calendar year, or become part
9 of an affiliated group producing more than 25,000 gallons
10 of wine or any other alcoholic liquor.
11 (E) Except in hearings for violations of this Act or
12 Public Act 95-634 or a bona fide investigation by duly
13 sworn law enforcement officials, the Commission, or its
14 agents, the Commission shall maintain the production and
15 sales information of a self-distribution exemption holder
16 as confidential and shall not release such information to
17 any person.
18 (F) The Commission shall issue regulations governing
19 self-distribution exemptions consistent with this Section
20 and this Act.
21 (G) Nothing in this subsection (17) shall prohibit a
22 self-distribution exemption holder from entering into or
23 simultaneously having a distribution agreement with a
24 licensed Illinois distributor.
25 (H) It is the intent of this subsection (17) to promote
26 and continue orderly markets. The General Assembly finds

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

HB4897 Enrolled- 15 -LRB100 18877 RPS 34121 b
1 necessary to facilitate the marketing of its beer; and (5)
2 that it will comply with the alcoholic beverage and revenue
3 laws of the United States, this State, and any other state
4 where it is licensed.
5 (C) Any application submitted shall be posted on the
6 State Commission's website at least 45 days prior to action
7 by the State Commission. The State Commission shall approve
8 the application for a self-distribution exemption if the
9 class 1 brewer licensee: (1) is in compliance with the
10 State, revenue, and alcoholic beverage laws; (2) is not a
11 member of any affiliated group that manufactures more than
12 930,000 gallons of beer per annum or produces any other
13 alcoholic beverages; (3) shall not annually manufacture
14 for sale more than 930,000 gallons of beer; (4) shall not
15 annually sell more than 232,500 gallons of its beer to
16 retail licensees or to brewers, class 1 brewers, and class
17 2 brewers that, pursuant to subsection (e) of Section 6-4
18 of this Act, sell beer, cider, or both beer and cider to
19 non-licensees at their breweries; and (5) has relinquished
20 any brew pub license held by the licensee, including any
21 ownership interest it held in the licensed brew pub.
22 (D) A self-distribution exemption holder shall
23 annually certify to the State Commission its manufacture of
24 beer during the previous 12 months and its anticipated
25 manufacture and sales of beer for the next 12 months. The
26 State Commission may fine, suspend, or revoke a

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1 self-distribution exemption after a hearing if it finds
2 that the exemption holder has made a material
3 misrepresentation in its application, violated a revenue
4 or alcoholic beverage law of Illinois, exceeded the
5 manufacture of 930,000 gallons of beer in any calendar year
6 or became part of an affiliated group manufacturing more
7 than 930,000 gallons of beer or any other alcoholic
8 beverage.
9 (E) The State Commission shall issue rules and
10 regulations governing self-distribution exemptions
11 consistent with this Act.
12 (F) Nothing in this paragraph (18) shall prohibit a
13 self-distribution exemption holder from entering into or
14 simultaneously having a distribution agreement with a
15 licensed Illinois importing distributor or a distributor.
16 If a self-distribution exemption holder enters into a
17 distribution agreement and has assigned distribution
18 rights to an importing distributor or distributor, then the
19 self-distribution exemption holder's distribution rights
20 in the assigned territories shall cease in a reasonable
21 time not to exceed 60 days.
22 (G) It is the intent of this paragraph (18) to promote
23 and continue orderly markets. The General Assembly finds
24 that in order to preserve Illinois' regulatory
25 distribution system, it is necessary to create an exception
26 for smaller manufacturers in order to afford and allow such

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1 smaller manufacturers of beer access to the marketplace in
2 order to develop a customer base without impairing the
3 integrity of the 3-tier system.
4 (b) On or before April 30, 1999, the Commission shall
5present a written report to the Governor and the General
6Assembly that shall be based on a study of the impact of Public
7Act 90-739 on the business of soliciting, selling, and shipping
8alcoholic liquor from outside of this State directly to
9residents of this State.
10 As part of its report, the Commission shall provide the
11following information:
12 (i) the amount of State excise and sales tax revenues
13 generated as a result of Public Act 90-739;
14 (ii) the amount of licensing fees received as a result
15 of Public Act 90-739;
16 (iii) the number of reported violations, the number of
17 cease and desist notices issued by the Commission, the
18 number of notices of violations issued to the Department of
19 Revenue, and the number of notices and complaints of
20 violations to law enforcement officials.
21(Source: P.A. 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;
22100-134, eff. 8-18-17; 100-201, eff. 8-18-17.)
23 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
24 Sec. 5-1. Licenses issued by the Illinois Liquor Control
25Commission shall be of the following classes:

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1 (a) Manufacturer's license - Class 1. Distiller, Class 2.
2Rectifier, Class 3. Brewer, Class 4. First Class Wine
3Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
4First Class Winemaker, Class 7. Second Class Winemaker, Class
58. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
610. Class 1 Brewer, Class 11. Class 2 Brewer,
7 (b) Distributor's license,
8 (c) Importing Distributor's license,
9 (d) Retailer's license,
10 (e) Special Event Retailer's license (not-for-profit),
11 (f) Railroad license,
12 (g) Boat license,
13 (h) Non-Beverage User's license,
14 (i) Wine-maker's premises license,
15 (j) Airplane license,
16 (k) Foreign importer's license,
17 (l) Broker's license,
18 (m) Non-resident dealer's license,
19 (n) Brew Pub license,
20 (o) Auction liquor license,
21 (p) Caterer retailer license,
22 (q) Special use permit license,
23 (r) Winery shipper's license,
24 (s) Craft distiller tasting permit, .
25 (t) Brewer warehouse permit.
26 No person, firm, partnership, corporation, or other legal

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1business entity that is engaged in the manufacturing of wine
2may concurrently obtain and hold a wine-maker's license and a
3wine manufacturer's license.
4 (a) A manufacturer's license shall allow the manufacture,
5importation in bulk, storage, distribution and sale of
6alcoholic liquor to persons without the State, as may be
7permitted by law and to licensees in this State as follows:
8 Class 1. A Distiller may make sales and deliveries of
9alcoholic liquor to distillers, rectifiers, importing
10distributors, distributors and non-beverage users and to no
11other licensees.
12 Class 2. A Rectifier, who is not a distiller, as defined
13herein, may make sales and deliveries of alcoholic liquor to
14rectifiers, importing distributors, distributors, retailers
15and non-beverage users and to no other licensees.
16 Class 3. A Brewer may make sales and deliveries of beer to
17importing distributors and distributors and may make sales as
18authorized under subsection (e) of Section 6-4 of this Act.
19 Class 4. A first class wine-manufacturer may make sales and
20deliveries of up to 50,000 gallons of wine to manufacturers,
21importing distributors and distributors, and to no other
22licensees.
23 Class 5. A second class Wine manufacturer may make sales
24and deliveries of more than 50,000 gallons of wine to
25manufacturers, importing distributors and distributors and to
26no other licensees.

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1 Class 6. A first-class wine-maker's license shall allow the
2manufacture of up to 50,000 gallons of wine per year, and the
3storage and sale of such wine to distributors in the State and
4to persons without the State, as may be permitted by law. A
5person who, prior to June 1, 2008 (the effective date of Public
6Act 95-634), is a holder of a first-class wine-maker's license
7and annually produces more than 25,000 gallons of its own wine
8and who distributes its wine to licensed retailers shall cease
9this practice on or before July 1, 2008 in compliance with
10Public Act 95-634.
11 Class 7. A second-class wine-maker's license shall allow
12the manufacture of between 50,000 and 150,000 gallons of wine
13per year, and the storage and sale of such wine to distributors
14in this State and to persons without the State, as may be
15permitted by law. A person who, prior to June 1, 2008 (the
16effective date of Public Act 95-634), is a holder of a
17second-class wine-maker's license and annually produces more
18than 25,000 gallons of its own wine and who distributes its
19wine to licensed retailers shall cease this practice on or
20before July 1, 2008 in compliance with Public Act 95-634.
21 Class 8. A limited wine-manufacturer may make sales and
22deliveries not to exceed 40,000 gallons of wine per year to
23distributors, and to non-licensees in accordance with the
24provisions of this Act.
25 Class 9. A craft distiller license shall allow the
26manufacture of up to 100,000 gallons of spirits by distillation

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1per year and the storage of such spirits. If a craft distiller
2licensee, including a craft distiller licensee who holds more
3than one craft distiller license, is not affiliated with any
4other manufacturer of spirits, then the craft distiller
5licensee may sell such spirits to distributors in this State
6and up to 2,500 gallons of such spirits to non-licensees to the
7extent permitted by any exemption approved by the Commission
8pursuant to Section 6-4 of this Act. A craft distiller license
9holder may store such spirits at a non-contiguous licensed
10location, but at no time shall a craft distiller license holder
11directly or indirectly produce in the aggregate more than
12100,000 gallons of spirits per year.
13 A craft distiller licensee may hold more than one craft
14distiller's license. However, a craft distiller that holds more
15than one craft distiller license shall not manufacture, in the
16aggregate, more than 100,000 gallons of spirits by distillation
17per year and shall not sell, in the aggregate, more than 2,500
18gallons of such spirits to non-licensees in accordance with an
19exemption approved by the State Commission pursuant to Section
206-4 of this Act.
21 Any craft distiller licensed under this Act who on July 28,
222010 (the effective date of Public Act 96-1367) was licensed as
23a distiller and manufactured no more spirits than permitted by
24this Section shall not be required to pay the initial licensing
25fee.
26 Class 10. A class 1 brewer license, which may only be

HB4897 Enrolled- 22 -LRB100 18877 RPS 34121 b
1issued to a licensed brewer or licensed non-resident dealer,
2shall allow the manufacture of up to 930,000 gallons of beer
3per year provided that the class 1 brewer licensee does not
4manufacture more than a combined 930,000 gallons of beer per
5year and is not a member of or affiliated with, directly or
6indirectly, a manufacturer that produces more than 930,000
7gallons of beer per year or any other alcoholic liquor. A class
81 brewer licensee may make sales and deliveries to importing
9distributors and distributors and to retail licensees in
10accordance with the conditions set forth in paragraph (18) of
11subsection (a) of Section 3-12 of this Act. If the State
12Commission provides prior approval, a class 1 brewer may
13annually transfer up to 930,000 gallons of beer manufactured by
14that class 1 brewer to the premises of a licensed class 1
15brewer wholly owned and operated by the same licensee.
16 Class 11. A class 2 brewer license, which may only be
17issued to a licensed brewer or licensed non-resident dealer,
18shall allow the manufacture of up to 3,720,000 gallons of beer
19per year provided that the class 2 brewer licensee does not
20manufacture more than a combined 3,720,000 gallons of beer per
21year and is not a member of or affiliated with, directly or
22indirectly, a manufacturer that produces more than 3,720,000
23gallons of beer per year or any other alcoholic liquor. A class
242 brewer licensee may make sales and deliveries to importing
25distributors and distributors, but shall not make sales or
26deliveries to any other licensee. If the State Commission

HB4897 Enrolled- 23 -LRB100 18877 RPS 34121 b
1provides prior approval, a class 2 brewer licensee may annually
2transfer up to 3,720,000 gallons of beer manufactured by that
3class 2 brewer licensee to the premises of a licensed class 2
4brewer wholly owned and operated by the same licensee.
5 A class 2 brewer may transfer beer to a brew pub wholly
6owned and operated by the class 2 brewer subject to the
7following limitations and restrictions: (i) the transfer shall
8not annually exceed more than 31,000 gallons; (ii) the annual
9amount transferred shall reduce the brew pub's annual permitted
10production limit; (iii) all beer transferred shall be subject
11to Article VIII of this Act; (iv) a written record shall be
12maintained by the brewer and brew pub specifying the amount,
13date of delivery, and receipt of the product by the brew pub;
14and (v) the brew pub shall be located no farther than 80 miles
15from the class 2 brewer's licensed location.
16 A class 2 brewer shall, prior to transferring beer to a
17brew pub wholly owned by the class 2 brewer, furnish a written
18notice to the State Commission of intent to transfer beer
19setting forth the name and address of the brew pub and shall
20annually submit to the State Commission a verified report
21identifying the total gallons of beer transferred to the brew
22pub wholly owned by the class 2 brewer.
23 (a-1) A manufacturer which is licensed in this State to
24make sales or deliveries of alcoholic liquor to licensed
25distributors or importing distributors and which enlists
26agents, representatives, or individuals acting on its behalf

HB4897 Enrolled- 24 -LRB100 18877 RPS 34121 b
1who contact licensed retailers on a regular and continual basis
2in this State must register those agents, representatives, or
3persons acting on its behalf with the State Commission.
4 Registration of agents, representatives, or persons acting
5on behalf of a manufacturer is fulfilled by submitting a form
6to the Commission. The form shall be developed by the
7Commission and shall include the name and address of the
8applicant, the name and address of the manufacturer he or she
9represents, the territory or areas assigned to sell to or
10discuss pricing terms of alcoholic liquor, and any other
11questions deemed appropriate and necessary. All statements in
12the forms required to be made by law or by rule shall be deemed
13material, and any person who knowingly misstates any material
14fact under oath in an application is guilty of a Class B
15misdemeanor. Fraud, misrepresentation, false statements,
16misleading statements, evasions, or suppression of material
17facts in the securing of a registration are grounds for
18suspension or revocation of the registration. The State
19Commission shall post a list of registered agents on the
20Commission's website.
21 (b) A distributor's license shall allow the wholesale
22purchase and storage of alcoholic liquors and sale of alcoholic
23liquors to licensees in this State and to persons without the
24State, as may be permitted by law, and the sale of beer, cider,
25or both beer and cider to brewers, class 1 brewers, and class 2
26brewers that, pursuant to subsection (e) of Section 6-4 of this

HB4897 Enrolled- 25 -LRB100 18877 RPS 34121 b
1Act, sell beer, cider, or both beer and cider to non-licensees
2at their breweries. No person licensed as a distributor shall
3be granted a non-resident dealer's license.
4 (c) An importing distributor's license may be issued to and
5held by those only who are duly licensed distributors, upon the
6filing of an application by a duly licensed distributor, with
7the Commission and the Commission shall, without the payment of
8any fee, immediately issue such importing distributor's
9license to the applicant, which shall allow the importation of
10alcoholic liquor by the licensee into this State from any point
11in the United States outside this State, and the purchase of
12alcoholic liquor in barrels, casks or other bulk containers and
13the bottling of such alcoholic liquors before resale thereof,
14but all bottles or containers so filled shall be sealed,
15labeled, stamped and otherwise made to comply with all
16provisions, rules and regulations governing manufacturers in
17the preparation and bottling of alcoholic liquors. The
18importing distributor's license shall permit such licensee to
19purchase alcoholic liquor from Illinois licensed non-resident
20dealers and foreign importers only. No person licensed as an
21importing distributor shall be granted a non-resident dealer's
22license.
23 (d) A retailer's license shall allow the licensee to sell
24and offer for sale at retail, only in the premises specified in
25the license, alcoholic liquor for use or consumption, but not
26for resale in any form. Nothing in Public Act 95-634 shall

HB4897 Enrolled- 26 -LRB100 18877 RPS 34121 b
1deny, limit, remove, or restrict the ability of a holder of a
2retailer's license to transfer, deliver, or ship alcoholic
3liquor to the purchaser for use or consumption subject to any
4applicable local law or ordinance. Any retail license issued to
5a manufacturer shall only permit the manufacturer to sell beer
6at retail on the premises actually occupied by the
7manufacturer. For the purpose of further describing the type of
8business conducted at a retail licensed premises, a retailer's
9licensee may be designated by the State Commission as (i) an on
10premise consumption retailer, (ii) an off premise sale
11retailer, or (iii) a combined on premise consumption and off
12premise sale retailer.
13 Notwithstanding any other provision of this subsection
14(d), a retail licensee may sell alcoholic liquors to a special
15event retailer licensee for resale to the extent permitted
16under subsection (e).
17 (e) A special event retailer's license (not-for-profit)
18shall permit the licensee to purchase alcoholic liquors from an
19Illinois licensed distributor (unless the licensee purchases
20less than $500 of alcoholic liquors for the special event, in
21which case the licensee may purchase the alcoholic liquors from
22a licensed retailer) and shall allow the licensee to sell and
23offer for sale, at retail, alcoholic liquors for use or
24consumption, but not for resale in any form and only at the
25location and on the specific dates designated for the special
26event in the license. An applicant for a special event retailer

HB4897 Enrolled- 27 -LRB100 18877 RPS 34121 b
1license must (i) furnish with the application: (A) a resale
2number issued under Section 2c of the Retailers' Occupation Tax
3Act or evidence that the applicant is registered under Section
42a of the Retailers' Occupation Tax Act, (B) a current, valid
5exemption identification number issued under Section 1g of the
6Retailers' Occupation Tax Act, and a certification to the
7Commission that the purchase of alcoholic liquors will be a
8tax-exempt purchase, or (C) a statement that the applicant is
9not registered under Section 2a of the Retailers' Occupation
10Tax Act, does not hold a resale number under Section 2c of the
11Retailers' Occupation Tax Act, and does not hold an exemption
12number under Section 1g of the Retailers' Occupation Tax Act,
13in which event the Commission shall set forth on the special
14event retailer's license a statement to that effect; (ii)
15submit with the application proof satisfactory to the State
16Commission that the applicant will provide dram shop liability
17insurance in the maximum limits; and (iii) show proof
18satisfactory to the State Commission that the applicant has
19obtained local authority approval.
20 (f) A railroad license shall permit the licensee to import
21alcoholic liquors into this State from any point in the United
22States outside this State and to store such alcoholic liquors
23in this State; to make wholesale purchases of alcoholic liquors
24directly from manufacturers, foreign importers, distributors
25and importing distributors from within or outside this State;
26and to store such alcoholic liquors in this State; provided

HB4897 Enrolled- 28 -LRB100 18877 RPS 34121 b
1that the above powers may be exercised only in connection with
2the importation, purchase or storage of alcoholic liquors to be
3sold or dispensed on a club, buffet, lounge or dining car
4operated on an electric, gas or steam railway in this State;
5and provided further, that railroad licensees exercising the
6above powers shall be subject to all provisions of Article VIII
7of this Act as applied to importing distributors. A railroad
8license shall also permit the licensee to sell or dispense
9alcoholic liquors on any club, buffet, lounge or dining car
10operated on an electric, gas or steam railway regularly
11operated by a common carrier in this State, but shall not
12permit the sale for resale of any alcoholic liquors to any
13licensee within this State. A license shall be obtained for
14each car in which such sales are made.
15 (g) A boat license shall allow the sale of alcoholic liquor
16in individual drinks, on any passenger boat regularly operated
17as a common carrier on navigable waters in this State or on any
18riverboat operated under the Riverboat Gambling Act, which boat
19or riverboat maintains a public dining room or restaurant
20thereon.
21 (h) A non-beverage user's license shall allow the licensee
22to purchase alcoholic liquor from a licensed manufacturer or
23importing distributor, without the imposition of any tax upon
24the business of such licensed manufacturer or importing
25distributor as to such alcoholic liquor to be used by such
26licensee solely for the non-beverage purposes set forth in

HB4897 Enrolled- 29 -LRB100 18877 RPS 34121 b
1subsection (a) of Section 8-1 of this Act, and such licenses
2shall be divided and classified and shall permit the purchase,
3possession and use of limited and stated quantities of
4alcoholic liquor as follows:
5Class 1, not to exceed ......................... 500 gallons
6Class 2, not to exceed ....................... 1,000 gallons
7Class 3, not to exceed ....................... 5,000 gallons
8Class 4, not to exceed ...................... 10,000 gallons
9Class 5, not to exceed ....................... 50,000 gallons
10 (i) A wine-maker's premises license shall allow a licensee
11that concurrently holds a first-class wine-maker's license to
12sell and offer for sale at retail in the premises specified in
13such license not more than 50,000 gallons of the first-class
14wine-maker's wine that is made at the first-class wine-maker's
15licensed premises per year for use or consumption, but not for
16resale in any form. A wine-maker's premises license shall allow
17a licensee who concurrently holds a second-class wine-maker's
18license to sell and offer for sale at retail in the premises
19specified in such license up to 100,000 gallons of the
20second-class wine-maker's wine that is made at the second-class
21wine-maker's licensed premises per year for use or consumption
22but not for resale in any form. A wine-maker's premises license
23shall allow a licensee that concurrently holds a first-class
24wine-maker's license or a second-class wine-maker's license to
25sell and offer for sale at retail at the premises specified in
26the wine-maker's premises license, for use or consumption but

HB4897 Enrolled- 30 -LRB100 18877 RPS 34121 b
1not for resale in any form, any beer, wine, and spirits
2purchased from a licensed distributor. Upon approval from the
3State Commission, a wine-maker's premises license shall allow
4the licensee to sell and offer for sale at (i) the wine-maker's
5licensed premises and (ii) at up to 2 additional locations for
6use and consumption and not for resale. Each location shall
7require additional licensing per location as specified in
8Section 5-3 of this Act. A wine-maker's premises licensee shall
9secure liquor liability insurance coverage in an amount at
10least equal to the maximum liability amounts set forth in
11subsection (a) of Section 6-21 of this Act.
12 (j) An airplane license shall permit the licensee to import
13alcoholic liquors into this State from any point in the United
14States outside this State and to store such alcoholic liquors
15in this State; to make wholesale purchases of alcoholic liquors
16directly from manufacturers, foreign importers, distributors
17and importing distributors from within or outside this State;
18and to store such alcoholic liquors in this State; provided
19that the above powers may be exercised only in connection with
20the importation, purchase or storage of alcoholic liquors to be
21sold or dispensed on an airplane; and provided further, that
22airplane licensees exercising the above powers shall be subject
23to all provisions of Article VIII of this Act as applied to
24importing distributors. An airplane licensee shall also permit
25the sale or dispensing of alcoholic liquors on any passenger
26airplane regularly operated by a common carrier in this State,

HB4897 Enrolled- 31 -LRB100 18877 RPS 34121 b
1but shall not permit the sale for resale of any alcoholic
2liquors to any licensee within this State. A single airplane
3license shall be required of an airline company if liquor
4service is provided on board aircraft in this State. The annual
5fee for such license shall be as determined in Section 5-3.
6 (k) A foreign importer's license shall permit such licensee
7to purchase alcoholic liquor from Illinois licensed
8non-resident dealers only, and to import alcoholic liquor other
9than in bulk from any point outside the United States and to
10sell such alcoholic liquor to Illinois licensed importing
11distributors and to no one else in Illinois; provided that (i)
12the foreign importer registers with the State Commission every
13brand of alcoholic liquor that it proposes to sell to Illinois
14licensees during the license period, (ii) the foreign importer
15complies with all of the provisions of Section 6-9 of this Act
16with respect to registration of such Illinois licensees as may
17be granted the right to sell such brands at wholesale, and
18(iii) the foreign importer complies with the provisions of
19Sections 6-5 and 6-6 of this Act to the same extent that these
20provisions apply to manufacturers.
21 (l) (i) A broker's license shall be required of all persons
22who solicit orders for, offer to sell or offer to supply
23alcoholic liquor to retailers in the State of Illinois, or who
24offer to retailers to ship or cause to be shipped or to make
25contact with distillers, rectifiers, brewers or manufacturers
26or any other party within or without the State of Illinois in

HB4897 Enrolled- 32 -LRB100 18877 RPS 34121 b
1order that alcoholic liquors be shipped to a distributor,
2importing distributor or foreign importer, whether such
3solicitation or offer is consummated within or without the
4State of Illinois.
5 No holder of a retailer's license issued by the Illinois
6Liquor Control Commission shall purchase or receive any
7alcoholic liquor, the order for which was solicited or offered
8for sale to such retailer by a broker unless the broker is the
9holder of a valid broker's license.
10 The broker shall, upon the acceptance by a retailer of the
11broker's solicitation of an order or offer to sell or supply or
12deliver or have delivered alcoholic liquors, promptly forward
13to the Illinois Liquor Control Commission a notification of
14said transaction in such form as the Commission may by
15regulations prescribe.
16 (ii) A broker's license shall be required of a person
17within this State, other than a retail licensee, who, for a fee
18or commission, promotes, solicits, or accepts orders for
19alcoholic liquor, for use or consumption and not for resale, to
20be shipped from this State and delivered to residents outside
21of this State by an express company, common carrier, or
22contract carrier. This Section does not apply to any person who
23promotes, solicits, or accepts orders for wine as specifically
24authorized in Section 6-29 of this Act.
25 A broker's license under this subsection (l) shall not
26entitle the holder to buy or sell any alcoholic liquors for his

HB4897 Enrolled- 33 -LRB100 18877 RPS 34121 b
1own account or to take or deliver title to such alcoholic
2liquors.
3 This subsection (l) shall not apply to distributors,
4employees of distributors, or employees of a manufacturer who
5has registered the trademark, brand or name of the alcoholic
6liquor pursuant to Section 6-9 of this Act, and who regularly
7sells such alcoholic liquor in the State of Illinois only to
8its registrants thereunder.
9 Any agent, representative, or person subject to
10registration pursuant to subsection (a-1) of this Section shall
11not be eligible to receive a broker's license.
12 (m) A non-resident dealer's license shall permit such
13licensee to ship into and warehouse alcoholic liquor into this
14State from any point outside of this State, and to sell such
15alcoholic liquor to Illinois licensed foreign importers and
16importing distributors and to no one else in this State;
17provided that (i) said non-resident dealer shall register with
18the Illinois Liquor Control Commission each and every brand of
19alcoholic liquor which it proposes to sell to Illinois
20licensees during the license period, (ii) it shall comply with
21all of the provisions of Section 6-9 hereof with respect to
22registration of such Illinois licensees as may be granted the
23right to sell such brands at wholesale, and (iii) the
24non-resident dealer shall comply with the provisions of
25Sections 6-5 and 6-6 of this Act to the same extent that these
26provisions apply to manufacturers. No person licensed as a

HB4897 Enrolled- 34 -LRB100 18877 RPS 34121 b
1non-resident dealer shall be granted a distributor's or
2importing distributor's license.
3 (n) A brew pub license shall allow the licensee to only (i)
4manufacture up to 155,000 gallons of beer per year only on the
5premises specified in the license, (ii) make sales of the beer
6manufactured on the premises or, with the approval of the
7Commission, beer manufactured on another brew pub licensed
8premises that is wholly owned and operated by the same licensee
9to importing distributors, distributors, and to non-licensees
10for use and consumption, (iii) store the beer upon the
11premises, (iv) sell and offer for sale at retail from the
12licensed premises for off-premises consumption no more than
13155,000 gallons per year so long as such sales are only made
14in-person, (v) sell and offer for sale at retail for use and
15consumption on the premises specified in the license any form
16of alcoholic liquor purchased from a licensed distributor or
17importing distributor, and (vi) with the prior approval of the
18Commission, annually transfer no more than 155,000 gallons of
19beer manufactured on the premises to a licensed brew pub wholly
20owned and operated by the same licensee.
21 A brew pub licensee shall not under any circumstance sell
22or offer for sale beer manufactured by the brew pub licensee to
23retail licensees.
24 A person who holds a class 2 brewer license may
25simultaneously hold a brew pub license if the class 2 brewer
26(i) does not, under any circumstance, sell or offer for sale

HB4897 Enrolled- 35 -LRB100 18877 RPS 34121 b
1beer manufactured by the class 2 brewer to retail licensees;
2(ii) does not hold more than 3 brew pub licenses in this State;
3(iii) does not manufacture more than a combined 3,720,000
4gallons of beer per year, including the beer manufactured at
5the brew pub; and (iv) is not a member of or affiliated with,
6directly or indirectly, a manufacturer that produces more than
73,720,000 gallons of beer per year or any other alcoholic
8liquor.
9 Notwithstanding any other provision of this Act, a licensed
10brewer, class 2 brewer, or non-resident dealer who before July
111, 2015 manufactured less than 3,720,000 gallons of beer per
12year and held a brew pub license on or before July 1, 2015 may
13(i) continue to qualify for and hold that brew pub license for
14the licensed premises and (ii) manufacture more than 3,720,000
15gallons of beer per year and continue to qualify for and hold
16that brew pub license if that brewer, class 2 brewer, or
17non-resident dealer does not simultaneously hold a class 1
18brewer license and is not a member of or affiliated with,
19directly or indirectly, a manufacturer that produces more than
203,720,000 gallons of beer per year or that produces any other
21alcoholic liquor.
22 (o) A caterer retailer license shall allow the holder to
23serve alcoholic liquors as an incidental part of a food service
24that serves prepared meals which excludes the serving of snacks
25as the primary meal, either on or off-site whether licensed or
26unlicensed.

HB4897 Enrolled- 36 -LRB100 18877 RPS 34121 b
1 (p) An auction liquor license shall allow the licensee to
2sell and offer for sale at auction wine and spirits for use or
3consumption, or for resale by an Illinois liquor licensee in
4accordance with provisions of this Act. An auction liquor
5license will be issued to a person and it will permit the
6auction liquor licensee to hold the auction anywhere in the
7State. An auction liquor license must be obtained for each
8auction at least 14 days in advance of the auction date.
9 (q) A special use permit license shall allow an Illinois
10licensed retailer to transfer a portion of its alcoholic liquor
11inventory from its retail licensed premises to the premises
12specified in the license hereby created, and to sell or offer
13for sale at retail, only in the premises specified in the
14license hereby created, the transferred alcoholic liquor for
15use or consumption, but not for resale in any form. A special
16use permit license may be granted for the following time
17periods: one day or less; 2 or more days to a maximum of 15 days
18per location in any 12-month period. An applicant for the
19special use permit license must also submit with the
20application proof satisfactory to the State Commission that the
21applicant will provide dram shop liability insurance to the
22maximum limits and have local authority approval.
23 (r) A winery shipper's license shall allow a person with a
24first-class or second-class wine manufacturer's license, a
25first-class or second-class wine-maker's license, or a limited
26wine manufacturer's license or who is licensed to make wine

HB4897 Enrolled- 37 -LRB100 18877 RPS 34121 b
1under the laws of another state to ship wine made by that
2licensee directly to a resident of this State who is 21 years
3of age or older for that resident's personal use and not for
4resale. Prior to receiving a winery shipper's license, an
5applicant for the license must provide the Commission with a
6true copy of its current license in any state in which it is
7licensed as a manufacturer of wine. An applicant for a winery
8shipper's license must also complete an application form that
9provides any other information the Commission deems necessary.
10The application form shall include all addresses from which the
11applicant for a winery shipper's license intends to ship wine,
12including the name and address of any third party, except for a
13common carrier, authorized to ship wine on behalf of the
14manufacturer. The application form shall include an
15acknowledgement consenting to the jurisdiction of the
16Commission, the Illinois Department of Revenue, and the courts
17of this State concerning the enforcement of this Act and any
18related laws, rules, and regulations, including authorizing
19the Department of Revenue and the Commission to conduct audits
20for the purpose of ensuring compliance with Public Act 95-634,
21and an acknowledgement that the wine manufacturer is in
22compliance with Section 6-2 of this Act. Any third party,
23except for a common carrier, authorized to ship wine on behalf
24of a first-class or second-class wine manufacturer's licensee,
25a first-class or second-class wine-maker's licensee, a limited
26wine manufacturer's licensee, or a person who is licensed to

HB4897 Enrolled- 38 -LRB100 18877 RPS 34121 b
1make wine under the laws of another state shall also be
2disclosed by the winery shipper's licensee, and a copy of the
3written appointment of the third-party wine provider, except
4for a common carrier, to the wine manufacturer shall be filed
5with the State Commission as a supplement to the winery
6shipper's license application or any renewal thereof. The
7winery shipper's license holder shall affirm under penalty of
8perjury, as part of the winery shipper's license application or
9renewal, that he or she only ships wine, either directly or
10indirectly through a third-party provider, from the licensee's
11own production.
12 Except for a common carrier, a third-party provider
13shipping wine on behalf of a winery shipper's license holder is
14the agent of the winery shipper's license holder and, as such,
15a winery shipper's license holder is responsible for the acts
16and omissions of the third-party provider acting on behalf of
17the license holder. A third-party provider, except for a common
18carrier, that engages in shipping wine into Illinois on behalf
19of a winery shipper's license holder shall consent to the
20jurisdiction of the State Commission and the State. Any
21third-party, except for a common carrier, holding such an
22appointment shall, by February 1 of each calendar year and upon
23request by the State Commission or the Department of Revenue,
24file with the State Commission a statement detailing each
25shipment made to an Illinois resident. The statement shall
26include the name and address of the third-party provider filing

HB4897 Enrolled- 39 -LRB100 18877 RPS 34121 b
1the statement, the time period covered by the statement, and
2the following information:
3 (1) the name, address, and license number of the winery
4 shipper on whose behalf the shipment was made;
5 (2) the quantity of the products delivered; and
6 (3) the date and address of the shipment.
7If the Department of Revenue or the State Commission requests a
8statement under this paragraph, the third-party provider must
9provide that statement no later than 30 days after the request
10is made. Any books, records, supporting papers, and documents
11containing information and data relating to a statement under
12this paragraph shall be kept and preserved for a period of 3
13years, unless their destruction sooner is authorized, in
14writing, by the Director of Revenue, and shall be open and
15available to inspection by the Director of Revenue or the State
16Commission or any duly authorized officer, agent, or employee
17of the State Commission or the Department of Revenue, at all
18times during business hours of the day. Any person who violates
19any provision of this paragraph or any rule of the State
20Commission for the administration and enforcement of the
21provisions of this paragraph is guilty of a Class C
22misdemeanor. In case of a continuing violation, each day's
23continuance thereof shall be a separate and distinct offense.
24 The State Commission shall adopt rules as soon as
25practicable to implement the requirements of Public Act 99-904
26and shall adopt rules prohibiting any such third-party

HB4897 Enrolled- 40 -LRB100 18877 RPS 34121 b
1appointment of a third-party provider, except for a common
2carrier, that has been deemed by the State Commission to have
3violated the provisions of this Act with regard to any winery
4shipper licensee.
5 A winery shipper licensee must pay to the Department of
6Revenue the State liquor gallonage tax under Section 8-1 for
7all wine that is sold by the licensee and shipped to a person
8in this State. For the purposes of Section 8-1, a winery
9shipper licensee shall be taxed in the same manner as a
10manufacturer of wine. A licensee who is not otherwise required
11to register under the Retailers' Occupation Tax Act must
12register under the Use Tax Act to collect and remit use tax to
13the Department of Revenue for all gallons of wine that are sold
14by the licensee and shipped to persons in this State. If a
15licensee fails to remit the tax imposed under this Act in
16accordance with the provisions of Article VIII of this Act, the
17winery shipper's license shall be revoked in accordance with
18the provisions of Article VII of this Act. If a licensee fails
19to properly register and remit tax under the Use Tax Act or the
20Retailers' Occupation Tax Act for all wine that is sold by the
21winery shipper and shipped to persons in this State, the winery
22shipper's license shall be revoked in accordance with the
23provisions of Article VII of this Act.
24 A winery shipper licensee must collect, maintain, and
25submit to the Commission on a semi-annual basis the total
26number of cases per resident of wine shipped to residents of

HB4897 Enrolled- 41 -LRB100 18877 RPS 34121 b
1this State. A winery shipper licensed under this subsection (r)
2must comply with the requirements of Section 6-29 of this Act.
3 Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
4Section 3-12, the State Commission may receive, respond to, and
5investigate any complaint and impose any of the remedies
6specified in paragraph (1) of subsection (a) of Section 3-12.
7 As used in this subsection, "third-party provider" means
8any entity that provides fulfillment house services, including
9warehousing, packaging, distribution, order processing, or
10shipment of wine, but not the sale of wine, on behalf of a
11licensed winery shipper.
12 (s) A craft distiller tasting permit license shall allow an
13Illinois licensed craft distiller to transfer a portion of its
14alcoholic liquor inventory from its craft distiller licensed
15premises to the premises specified in the license hereby
16created and to conduct a sampling, only in the premises
17specified in the license hereby created, of the transferred
18alcoholic liquor in accordance with subsection (c) of Section
196-31 of this Act. The transferred alcoholic liquor may not be
20sold or resold in any form. An applicant for the craft
21distiller tasting permit license must also submit with the
22application proof satisfactory to the State Commission that the
23applicant will provide dram shop liability insurance to the
24maximum limits and have local authority approval.
25 A brewer warehouse permit may be issued to the holder of a
26class 1 brewer license or a class 2 brewer license. If the

HB4897 Enrolled- 42 -LRB100 18877 RPS 34121 b
1holder of the permit is a class 1 brewer licensee, the brewer
2warehouse permit shall allow the holder to store or warehouse
3up to 930,000 gallons of tax-determined beer manufactured by
4the holder of the permit at the premises specified on the
5permit. If the holder of the permit is a class 2 brewer
6licensee, the brewer warehouse permit shall allow the holder to
7store or warehouse up to 3,720,000 gallons of tax-determined
8beer manufactured by the holder of the permit at the premises
9specified on the permit. Sales to non-licensees are prohibited
10at the premises specified in the brewer warehouse permit.
11(Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16;
1299-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff.
131-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17.)
14 (235 ILCS 5/5-3) (from Ch. 43, par. 118)
15 Sec. 5-3. License fees. Except as otherwise provided
16herein, at the time application is made to the State Commission
17for a license of any class, the applicant shall pay to the
18State Commission the fee hereinafter provided for the kind of
19license applied for.
20 The fee for licenses issued by the State Commission shall
21be as follows:
22OnlineInitial
23renewallicense
24 or
25 non-online

HB4897 Enrolled- 43 -LRB100 18877 RPS 34121 b
1 renewal
2 For a manufacturer's license:
3 Class 1. Distiller .................$4,000$5,000
4 Class 2. Rectifier .................4,000 5,000
5 Class 3. Brewer ....................1,200 1,500
6 Class 4. First-class Wine
7 Manufacturer ...................750900
8 Class 5. Second-class
9 Wine Manufacturer ..............1,500 1,750
10 Class 6. First-class wine-maker ....750 900
11 Class 7. Second-class wine-maker ...1,500 1,750
12 Class 8. Limited Wine
13 Manufacturer....................250350
14 Class 9. Craft Distiller............ 2,000 2,500
15 Class 10. Class 1 Brewer............50 75
16 Class 11. Class 2 Brewer............ 75 100
17 For a Brew Pub License..............1,2001,500
18 For a caterer retailer's license....350 500
19 For a foreign importer's license ...25 25
20 For an importing distributor's
21 license.........................2525
22 For a distributor's license
23 (11,250,000 gallons
24 or over)........................1,4502,200
25 For a distributor's license
26 (over 4,500,000 gallons, but

HB4897 Enrolled- 44 -LRB100 18877 RPS 34121 b
1 under 11,250,000 gallons)....... 9501,450
2 For a distributor's license
3 (4,500,000 gallons or under)....300450
4 For a non-resident dealer's license
5 (500,000 gallons or over) ......1,200 1,500
6 For a non-resident dealer's license
7 (under 500,000 gallons) ........250 350
8 For a wine-maker's premises
9 license ........................250500
10 For a winery shipper's license
11 (under 250,000 gallons).........200 350
12 For a winery shipper's license
13 (250,000 or over, but
14 under 500,000 gallons)..........7501,000
15 For a winery shipper's license
16 (500,000 gallons or over).......1,200 1,500
17 For a wine-maker's premises license,
18 second location ................500 1,000
19 For a wine-maker's premises license,
20 third location .................5001,000
21 For a retailer's license ...........600 750
22 For a special event retailer's
23 license, (not-for-profit) ......25 25
24 For a special use permit license,
25 one day only ...................100 150
26 2 days or more .................150 250

HB4897 Enrolled- 45 -LRB100 18877 RPS 34121 b
1 For a railroad license .............100 150
2 For a boat license .................500 1,000
3 For an airplane license, times the
4 licensee's maximum number of
5 aircraft in flight, serving
6 liquor over the State at any
7 given time, which either
8 originate, terminate, or make
9 an intermediate stop in
10 the State.......................100150
11 For a non-beverage user's license:
12 Class 1 ........................2424
13 Class 2 ........................6060
14 Class 3 ........................120120
15 Class 4 ........................240240
16 Class 5 ........................600600
17 For a broker's license .............750 1,000
18 For an auction liquor license ......100 150
19 For a homebrewer special
20 event permit....................2525
21 For a craft distiller
22 tasting permit..................25 25
23 For a BASSET trainer license........ 300 350
24 For a tasting representative
25 license.........................200300
26 For a brewer warehouse permit....... 2525

HB4897 Enrolled- 46 -LRB100 18877 RPS 34121 b
1 Fees collected under this Section shall be paid into the
2Dram Shop Fund. On and after July 1, 2003 and until June 30,
32016, of the funds received for a retailer's license, in
4addition to the first $175, an additional $75 shall be paid
5into the Dram Shop Fund, and $250 shall be paid into the
6General Revenue Fund. On and after June 30, 2016, one-half of
7the funds received for a retailer's license shall be paid into
8the Dram Shop Fund and one-half of the funds received for a
9retailer's license shall be paid into the General Revenue Fund.
10Beginning June 30, 1990 and on June 30 of each subsequent year
11through June 29, 2003, any balance over $5,000,000 remaining in
12the Dram Shop Fund shall be credited to State liquor licensees
13and applied against their fees for State liquor licenses for
14the following year. The amount credited to each licensee shall
15be a proportion of the balance in the Dram Fund that is the
16same as the proportion of the license fee paid by the licensee
17under this Section for the period in which the balance was
18accumulated to the aggregate fees paid by all licensees during
19that period.
20 No fee shall be paid for licenses issued by the State
21Commission to the following non-beverage users:
22 (a) Hospitals, sanitariums, or clinics when their use
23 of alcoholic liquor is exclusively medicinal, mechanical
24 or scientific.
25 (b) Universities, colleges of learning or schools when
26 their use of alcoholic liquor is exclusively medicinal,

HB4897 Enrolled- 47 -LRB100 18877 RPS 34121 b
1 mechanical or scientific.
2 (c) Laboratories when their use is exclusively for the
3 purpose of scientific research.
4(Source: P.A. 99-448, eff. 8-24-15; 99-902, eff. 8-26-16;
599-904, eff. 8-26-16; 100-201, eff. 8-18-17.)
6 (235 ILCS 5/6-4) (from Ch. 43, par. 121)
7 Sec. 6-4. (a) No person licensed by any licensing authority
8as a distiller, or a wine manufacturer, or any subsidiary or
9affiliate thereof, or any officer, associate, member, partner,
10representative, employee, agent or shareholder owning more
11than 5% of the outstanding shares of such person shall be
12issued an importing distributor's or distributor's license,
13nor shall any person licensed by any licensing authority as an
14importing distributor, distributor or retailer, or any
15subsidiary or affiliate thereof, or any officer or associate,
16member, partner, representative, employee, agent or
17shareholder owning more than 5% of the outstanding shares of
18such person be issued a distiller's license, a craft
19distiller's license, or a wine manufacturer's license; and no
20person or persons licensed as a distiller or craft distiller by
21any licensing authority shall have any interest, directly or
22indirectly, with such distributor or importing distributor.
23 However, an importing distributor or distributor, which on
24January 1, 1985 is owned by a brewer, or any subsidiary or
25affiliate thereof or any officer, associate, member, partner,

HB4897 Enrolled- 48 -LRB100 18877 RPS 34121 b
1representative, employee, agent or shareholder owning more
2than 5% of the outstanding shares of the importing distributor
3or distributor referred to in this paragraph, may own or
4acquire an ownership interest of more than 5% of the
5outstanding shares of a wine manufacturer and be issued a wine
6manufacturer's license by any licensing authority.
7 (b) The foregoing provisions shall not apply to any person
8licensed by any licensing authority as a distiller or wine
9manufacturer, or to any subsidiary or affiliate of any
10distiller or wine manufacturer who shall have been heretofore
11licensed by the State Commission as either an importing
12distributor or distributor during the annual licensing period
13expiring June 30, 1947, and shall actually have made sales
14regularly to retailers.
15 (c) Provided, however, that in such instances where a
16distributor's or importing distributor's license has been
17issued to any distiller or wine manufacturer or to any
18subsidiary or affiliate of any distiller or wine manufacturer
19who has, during the licensing period ending June 30, 1947, sold
20or distributed as such licensed distributor or importing
21distributor alcoholic liquors and wines to retailers, such
22distiller or wine manufacturer or any subsidiary or affiliate
23of any distiller or wine manufacturer holding such
24distributor's or importing distributor's license may continue
25to sell or distribute to retailers such alcoholic liquors and
26wines which are manufactured, distilled, processed or marketed

HB4897 Enrolled- 49 -LRB100 18877 RPS 34121 b
1by distillers and wine manufacturers whose products it sold or
2distributed to retailers during the whole or any part of its
3licensing periods; and such additional brands and additional
4products may be added to the line of such distributor or
5importing distributor, provided, that such brands and such
6products were not sold or distributed by any distributor or
7importing distributor licensed by the State Commission during
8the licensing period ending June 30, 1947, but can not sell or
9distribute to retailers any other alcoholic liquors or wines.
10 (d) It shall be unlawful for any distiller licensed
11anywhere to have any stock ownership or interest in any
12distributor's or importing distributor's license wherein any
13other person has an interest therein who is not a distiller and
14does not own more than 5% of any stock in any distillery.
15Nothing herein contained shall apply to such distillers or
16their subsidiaries or affiliates, who had a distributor's or
17importing distributor's license during the licensing period
18ending June 30, 1947, which license was owned in whole by such
19distiller, or subsidiaries or affiliates of such distiller.
20 (e) Any person licensed as a brewer, class 1 brewer, or
21class 2 brewer shall be permitted to sell on the licensed
22premises to non-licensees for on or off-premises consumption
23for the premises in which he or she actually conducts such
24business: (i) beer manufactured by the brewer, class 1 brewer,
25or class 2 brewer; (ii) beer manufactured by any other brewer,
26class 1 brewer, or class 2 brewer; and (iii) cider. Such sales

HB4897 Enrolled- 50 -LRB100 18877 RPS 34121 b
1shall be limited to on-premises, in-person sales only, for
2lawful consumption on or off premises. Such authorization shall
3be considered a privilege granted by the brewer license and,
4other than a manufacturer of beer as stated above, no
5manufacturer or distributor or importing distributor,
6excluding airplane licensees exercising powers provided in
7paragraph (i) of Section 5-1 of this Act, or any subsidiary or
8affiliate thereof, or any officer, associate, member, partner,
9representative, employee or agent, or shareholder shall be
10issued a retailer's license, nor shall any person having a
11retailer's license, excluding airplane licensees exercising
12powers provided in paragraph (i) of Section 5-1 of this Act, or
13any subsidiary or affiliate thereof, or any officer, associate,
14member, partner, representative or agent, or shareholder be
15issued a manufacturer's license or importing distributor's
16license.
17 A person who holds a class 1 or class 2 brewer license and
18is authorized by this Section to sell beer to non-licensees
19shall not sell beer to non-licensees from more than 3 total
20brewer or commonly owned brew pub licensed locations in this
21State. The class 1 or class 2 brewer shall designate to the
22State Commission the brewer or brew pub locations from which it
23will sell beer to non-licensees.
24 A person licensed as a craft distiller, including a person
25who holds more than one craft distiller license, not affiliated
26with any other person manufacturing spirits may be authorized

HB4897 Enrolled- 51 -LRB100 18877 RPS 34121 b
1by the Commission to sell up to 2,500 gallons of spirits
2produced by the person to non-licensees for on or off-premises
3consumption for the premises in which he or she actually
4conducts business permitting only the retail sale of spirits
5manufactured at such premises. Such sales shall be limited to
6on-premises, in-person sales only, for lawful consumption on or
7off premises, and such authorization shall be considered a
8privilege granted by the craft distiller license. A craft
9distiller licensed for retail sale shall secure liquor
10liability insurance coverage in an amount at least equal to the
11maximum liability amounts set forth in subsection (a) of
12Section 6-21 of this Act.
13 A craft distiller license holder shall not deliver any
14alcoholic liquor to any non-licensee off the licensed premises.
15A craft distiller shall affirm in its annual craft distiller's
16license application that it does not produce more than 100,000
17gallons of distilled spirits annually and that the craft
18distiller does not sell more than 2,500 gallons of spirits to
19non-licensees for on or off-premises consumption. In the
20application, which shall be sworn under penalty of perjury, the
21craft distiller shall state the volume of production and sales
22for each year since the craft distiller's establishment.
23 (f) (Blank).
24 (g) Notwithstanding any of the foregoing prohibitions, a
25limited wine manufacturer may sell at retail at its
26manufacturing site for on or off premises consumption and may

HB4897 Enrolled- 52 -LRB100 18877 RPS 34121 b
1sell to distributors. A limited wine manufacturer licensee
2shall secure liquor liability insurance coverage in an amount
3at least equal to the maximum liability amounts set forth in
4subsection (a) of Section 6-21 of this Act.
5 (h) The changes made to this Section by Public Act 99-47
6shall not diminish or impair the rights of any person, whether
7a distiller, wine manufacturer, agent, or affiliate thereof,
8who requested in writing and submitted documentation to the
9State Commission on or before February 18, 2015 to be approved
10for a retail license pursuant to what has heretofore been
11subsection (f); provided that, on or before that date, the
12State Commission considered the intent of that person to apply
13for the retail license under that subsection and, by recorded
14vote, the State Commission approved a resolution indicating
15that such a license application could be lawfully approved upon
16that person duly filing a formal application for a retail
17license and if that person, within 90 days of the State
18Commission appearance and recorded vote, first filed an
19application with the appropriate local commission, which
20application was subsequently approved by the appropriate local
21commission prior to consideration by the State Commission of
22that person's application for a retail license. It is further
23provided that the State Commission may approve the person's
24application for a retail license or renewals of such license if
25such person continues to diligently adhere to all
26representations made in writing to the State Commission on or

HB4897 Enrolled- 53 -LRB100 18877 RPS 34121 b
1before February 18, 2015, or thereafter, or in the affidavit
2filed by that person with the State Commission to support the
3issuance of a retail license and to abide by all applicable
4laws and duly adopted rules.
5(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15;
699-642, eff. 7-28-16; 99-902, eff. 8-26-16; 100-201, eff.
78-18-17.)
8 Section 99. Effective date. This Act takes effect upon
9becoming law.
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