Bill Text: IL HB4945 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Liquor Control Act of 1934. Changes the age at which a person may possess and consume alcoholic liquor to the age of 18 (instead of 21) so long as a parent or guardian is present, including at licensed establishments. Makes conforming changes. Amends the Video Gaming Act and the Innkeeper Protection Act to make conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4945 Detail]

Download: Illinois-2023-HB4945-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4945 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
230 ILCS 40/79.5
235 ILCS 5/3-12
235 ILCS 5/4-1 from Ch. 43, par. 110
235 ILCS 5/5-1 from Ch. 43, par. 115
235 ILCS 5/6-15 from Ch. 43, par. 130
235 ILCS 5/6-16 from Ch. 43, par. 131
235 ILCS 5/6-16.1
235 ILCS 5/6-16.2
235 ILCS 5/6-20 from Ch. 43, par. 134a
235 ILCS 5/6-21 from Ch. 43, par. 135
235 ILCS 5/6-28.8
235 ILCS 5/10-1 from Ch. 43, par. 183
740 ILCS 90/10
740 ILCS 90/11
Amends the Liquor Control Act of 1934. Changes the age at which a person may possess and consume alcoholic liquor to the age of 18 (instead of 21) so long as a parent or guardian is present, including at licensed establishments. Makes conforming changes. Amends the Video Gaming Act and the Innkeeper Protection Act to make conforming changes.
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A BILL FOR
HB4945 LRB103 39311 BDA 69465 b
AN ACT concerning liquor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Video Gaming Act is amended by changing
Section 79.5 as follows:
(230 ILCS 40/79.5)
Sec. 79.5. Enforcement actions. The Board shall establish
a policy and standards for compliance operations to
investigate whether a licensed establishment, licensed
fraternal establishment, licensed veterans establishment, or a
licensed truck stop establishment is: (1) permitting any
person under the age of 21 years to use or play a video gaming
terminal in violation of this Act; or (2) furnishing alcoholic
liquor to persons under 18 21 years of age or persons between
the ages of 18 and 21 without a parent or guardian present in
violation of the Liquor Control Act of 1934.
The policy and standards for compliance operations under
this Section shall be similar to the model policy and
guidelines for the operation of alcohol and tobacco compliance
checks by local law enforcement officers adopted by the
Illinois Law Enforcement Training Standards Board pursuant to
subsection (c) of Section 6-16.1 of the Liquor Control Act of
1934. The Board shall adopt the policy and standards in the

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form of emergency rulemaking that shall be adopted no later
than 90 days after the effective date of this amendatory Act of
the 101st General Assembly and shall be immediately followed
by permanent rulemaking on the same subject.
A licensed establishment, licensed fraternal
establishment, licensed veterans establishment, or licensed
truck stop establishment that is the subject of an enforcement
action under this Section and is found, pursuant to the
enforcement action, to be in compliance with this Act shall be
notified by the Board that no violation was found within 30
days after the finding.
(Source: P.A. 101-318, eff. 8-9-19.)
Section 10. The Liquor Control Act of 1934 is amended by
changing Sections 3-12, 4-1, 5-1, 6-15, 6-16, 6-16.1, 6-16.2,
6-20, 6-21, 6-28.8, 6-29, and 10-1 as follows:
(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

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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
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 18 or between the ages of 18 and

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21 without a parent or guardian present 21, a second or
subsequent violation for the sale of alcohol to a person
under the age of 18 or between the ages of 18 and 21
without a parent or guardian present 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 18 or between the ages of 18 and 21
without a parent or guardian present 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
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

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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
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,

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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
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

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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
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

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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.
(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

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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
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).

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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
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

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illegal purchase and consumption of alcoholic beverage
products by persons under the age of 18 or between the ages
of 18 and 21 without a parent or guardian present 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
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.

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(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
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 18 years of age,
or between the ages of 18 and 21 21 years of age without a
parent or guardian present, 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

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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
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

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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; (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
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.
(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

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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
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

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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 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 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
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

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gallons of spirits per annum; (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 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 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 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.
(E) The State Commission shall issue rules and

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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
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.

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(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
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; (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

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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
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.
(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.

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(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
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

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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
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

HB4945 - 23 - LRB103 39311 BDA 69465 b
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.
(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

HB4945 - 24 - LRB103 39311 BDA 69465 b
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.
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. 101-37, eff. 7-3-19; 101-81, eff. 7-12-19;
101-482, eff. 8-23-19; 102-442, eff. 8-20-21; 102-558, eff.
8-20-21; 102-813, eff. 5-13-22.)
(235 ILCS 5/4-1) (from Ch. 43, par. 110)
Sec. 4-1. In every city, village or incorporated town, the

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city council or president and board of trustees, and in
counties in respect of territory outside the limits of any
such city, village or incorporated town the county board shall
have the power by general ordinance or resolution to determine
the number, kind and classification of licenses, for sale at
retail of alcoholic liquor not inconsistent with this Act and
the amount of the local licensee fees to be paid for the
various kinds of licenses to be issued in their political
subdivision, except those issued to the specific non-beverage
users exempt from payment of license fees under Section 5-3
which shall be issued without payment of any local license
fees, and the manner of distribution of such fees after their
collection; to regulate or prohibit the presence of persons
under the age of 18, or between the ages of 18 and 21 without a
parent or guardian present, 21 on the premises of licensed
retail establishments of various kinds and classifications
where alcoholic liquor is drawn, poured, mixed or otherwise
served for consumption on the premises; to prohibit any minor
from drawing, pouring, or mixing any alcoholic liquor as an
employee of any retail licensee; and to prohibit any minor
from at any time attending any bar and from drawing, pouring or
mixing any alcoholic liquor in any licensed retail premises;
and to establish such further regulations and restrictions
upon the issuance of and operations under local licenses not
inconsistent with law as the public good and convenience may
require; and to provide penalties for the violation of

HB4945 - 26 - LRB103 39311 BDA 69465 b
regulations and restrictions, including those made by county
boards, relative to operation under local licenses; provided,
however, that in the exercise of any of the powers granted in
this Section, the issuance of such licenses shall not be
prohibited except for reasons specifically enumerated in
Sections 6-2, 6-11, 6-12 and 6-25 of this Act.
However, in any municipality with a population exceeding
1,000,000 that has adopted the form of government authorized
under "An Act concerning cities, villages, and incorporated
towns, and to repeal certain Acts herein named", approved
August 15, 1941, as amended, no person shall be granted any
license or privilege to sell alcoholic liquors between the
hours of two o'clock a.m. and seven o'clock a.m. on week days
unless such person has given at least 14 days prior written
notice to the alderperson of the ward in which such person's
licensed premises are located stating his intention to make
application for such license or privilege and unless evidence
confirming service of such written notice is included in such
application. Any license or privilege granted in violation of
this paragraph shall be null and void.
(Source: P.A. 102-15, eff. 6-17-21.)
(235 ILCS 5/5-1) (from Ch. 43, par. 115)
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.

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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,
(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,

HB4945 - 28 - LRB103 39311 BDA 69465 b
(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.
(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

HB4945 - 29 - LRB103 39311 BDA 69465 b
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
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

HB4945 - 30 - LRB103 39311 BDA 69465 b
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
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.

HB4945 - 31 - LRB103 39311 BDA 69465 b
Class 7. A second-class wine-maker's license shall allow
the manufacture of up to 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 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

HB4945 - 32 - LRB103 39311 BDA 69465 b
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
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. 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

HB4945 - 33 - LRB103 39311 BDA 69465 b
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 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

HB4945 - 34 - LRB103 39311 BDA 69465 b
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
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. 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

HB4945 - 35 - LRB103 39311 BDA 69465 b
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 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

HB4945 - 36 - LRB103 39311 BDA 69465 b
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
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. 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

HB4945 - 37 - LRB103 39311 BDA 69465 b
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
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. 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

HB4945 - 38 - LRB103 39311 BDA 69465 b
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 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

HB4945 - 39 - LRB103 39311 BDA 69465 b
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
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.

HB4945 - 40 - LRB103 39311 BDA 69465 b
(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
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

HB4945 - 41 - LRB103 39311 BDA 69465 b
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 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 to non-licensees at their
breweries; (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

HB4945 - 42 - LRB103 39311 BDA 69465 b
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
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

HB4945 - 43 - LRB103 39311 BDA 69465 b
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
(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. A non-home rule municipality
may not regulate the delivery of alcoholic liquor inconsistent

HB4945 - 44 - LRB103 39311 BDA 69465 b
with this subsection.
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
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,

HB4945 - 45 - LRB103 39311 BDA 69465 b
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
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

HB4945 - 46 - LRB103 39311 BDA 69465 b
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
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:

HB4945 - 47 - LRB103 39311 BDA 69465 b
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
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

HB4945 - 48 - LRB103 39311 BDA 69465 b
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
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

HB4945 - 49 - LRB103 39311 BDA 69465 b
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
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,

HB4945 - 50 - LRB103 39311 BDA 69465 b
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
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

HB4945 - 51 - LRB103 39311 BDA 69465 b
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
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)

HB4945 - 52 - LRB103 39311 BDA 69465 b
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
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

HB4945 - 53 - LRB103 39311 BDA 69465 b
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
(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

HB4945 - 54 - LRB103 39311 BDA 69465 b
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 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
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

HB4945 - 55 - LRB103 39311 BDA 69465 b
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
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

HB4945 - 56 - LRB103 39311 BDA 69465 b
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
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

HB4945 - 57 - LRB103 39311 BDA 69465 b
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:
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

HB4945 - 58 - LRB103 39311 BDA 69465 b
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
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 or between the ages of 18 and 21 with a parent
or guardian present 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

HB4945 - 59 - LRB103 39311 BDA 69465 b
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
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

HB4945 - 60 - LRB103 39311 BDA 69465 b
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
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

HB4945 - 61 - LRB103 39311 BDA 69465 b
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
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

HB4945 - 62 - LRB103 39311 BDA 69465 b
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
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

HB4945 - 63 - LRB103 39311 BDA 69465 b
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
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

HB4945 - 64 - LRB103 39311 BDA 69465 b
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
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.

HB4945 - 65 - LRB103 39311 BDA 69465 b
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
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

HB4945 - 66 - LRB103 39311 BDA 69465 b
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
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. 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;
102-442, eff. 8-20-21; 102-1142, eff. 2-17-23.)
(235 ILCS 5/6-15) (from Ch. 43, par. 130)
Sec. 6-15. No alcoholic liquors shall be sold or delivered
in any building belonging to or under the control of the State
or any political subdivision thereof except as provided in

HB4945 - 67 - LRB103 39311 BDA 69465 b
this Act. The corporate authorities of any city, village,
incorporated town, township, or county may provide by
ordinance, however, that alcoholic liquor may be sold or
delivered in any specifically designated building belonging to
or under the control of the municipality, township, or county,
or in any building located on land under the control of the
municipality, township, or county; provided that such township
or county complies with all applicable local ordinances in any
incorporated area of the township or county. Alcoholic liquor
may be delivered to and sold under the authority of a special
use permit on any property owned by a conservation district
organized under the Conservation District Act, provided that
(i) the alcoholic liquor is sold only at an event authorized by
the governing board of the conservation district, (ii) the
issuance of the special use permit is authorized by the local
liquor control commissioner of the territory in which the
property is located, and (iii) the special use permit
authorizes the sale of alcoholic liquor for one day or less.
Alcoholic liquors may be delivered to and sold at any airport
belonging to or under the control of a municipality of more
than 25,000 inhabitants, or in any building or on any golf
course owned by a park district organized under the Park
District Code, subject to the approval of the governing board
of the district, or in any building or on any golf course owned
by a forest preserve district organized under the Downstate
Forest Preserve District Act, subject to the approval of the

HB4945 - 68 - LRB103 39311 BDA 69465 b
governing board of the district, or on the grounds within 500
feet of any building owned by a forest preserve district
organized under the Downstate Forest Preserve District Act
during times when food is dispensed for consumption within 500
feet of the building from which the food is dispensed, subject
to the approval of the governing board of the district, or in a
building owned by a Local Mass Transit District organized
under the Local Mass Transit District Act, subject to the
approval of the governing Board of the District, or in
Bicentennial Park, or on the premises of the City of Mendota
Lake Park located adjacent to Route 51 in Mendota, Illinois,
or on the premises of Camden Park in Milan, Illinois, or in the
community center owned by the City of Loves Park that is
located at 1000 River Park Drive in Loves Park, Illinois, or,
in connection with the operation of an established food
serving facility during times when food is dispensed for
consumption on the premises, and at the following aquarium and
museums located in public parks: Art Institute of Chicago,
Chicago Academy of Sciences, Chicago Historical Society, Field
Museum of Natural History, Museum of Science and Industry,
DuSable Museum of African American History, John G. Shedd
Aquarium and Adler Planetarium, or at Lakeview Museum of Arts
and Sciences in Peoria, or in connection with the operation of
the facilities of the Chicago Zoological Society or the
Chicago Horticultural Society on land owned by the Forest
Preserve District of Cook County, or on any land used for a

HB4945 - 69 - LRB103 39311 BDA 69465 b
golf course or for recreational purposes owned by the Forest
Preserve District of Cook County, subject to the control of
the Forest Preserve District Board of Commissioners and
applicable local law, provided that dram shop liability
insurance is provided at maximum coverage limits so as to hold
the District harmless from all financial loss, damage, and
harm, or in any building located on land owned by the Chicago
Park District if approved by the Park District Commissioners,
or on any land used for a golf course or for recreational
purposes and owned by the Illinois International Port District
if approved by the District's governing board, or at any
airport, golf course, faculty center, or facility in which
conference and convention type activities take place belonging
to or under control of any State university or public
community college district, provided that with respect to a
facility for conference and convention type activities
alcoholic liquors shall be limited to the use of the
convention or conference participants or participants in
cultural, political or educational activities held in such
facilities, and provided further that the faculty or staff of
the State university or a public community college district,
or members of an organization of students, alumni, faculty or
staff of the State university or a public community college
district are active participants in the conference or
convention, or in Memorial Stadium on the campus of the
University of Illinois at Urbana-Champaign during games in

HB4945 - 70 - LRB103 39311 BDA 69465 b
which the Chicago Bears professional football team is playing
in that stadium during the renovation of Soldier Field, not
more than one and a half hours before the start of the game and
not after the end of the third quarter of the game, or in the
Pavilion Facility on the campus of the University of Illinois
at Chicago during games in which the Chicago Storm
professional soccer team is playing in that facility, not more
than one and a half hours before the start of the game and not
after the end of the third quarter of the game, or in the
Pavilion Facility on the campus of the University of Illinois
at Chicago during games in which the WNBA professional women's
basketball team is playing in that facility, not more than one
and a half hours before the start of the game and not after the
10-minute mark of the second half of the game, or by a catering
establishment which has rented facilities from a board of
trustees of a public community college district, or in a
restaurant that is operated by a commercial tenant in the
North Campus Parking Deck building that (1) is located at 1201
West University Avenue, Urbana, Illinois and (2) is owned by
the Board of Trustees of the University of Illinois, or, if
approved by the District board, on land owned by the
Metropolitan Sanitary District of Greater Chicago and leased
to others for a term of at least 20 years. Nothing in this
Section precludes the sale or delivery of alcoholic liquor in
the form of original packaged goods in premises located at 500
S. Racine in Chicago belonging to the University of Illinois

HB4945 - 71 - LRB103 39311 BDA 69465 b
and used primarily as a grocery store by a commercial tenant
during the term of a lease that predates the University's
acquisition of the premises; but the University shall have no
power or authority to renew, transfer, or extend the lease
with terms allowing the sale of alcoholic liquor; and the sale
of alcoholic liquor shall be subject to all local laws and
regulations. After the acquisition by Winnebago County of the
property located at 404 Elm Street in Rockford, a commercial
tenant who sold alcoholic liquor at retail on a portion of the
property under a valid license at the time of the acquisition
may continue to do so for so long as the tenant and the County
may agree under existing or future leases, subject to all
local laws and regulations regarding the sale of alcoholic
liquor. Alcoholic liquors may be delivered to and sold at
Memorial Hall, located at 211 North Main Street, Rockford,
under conditions approved by Winnebago County and subject to
all local laws and regulations regarding the sale of alcoholic
liquor. Each facility shall provide dram shop liability in
maximum insurance coverage limits so as to save harmless the
State, municipality, State university, airport, golf course,
faculty center, facility in which conference and convention
type activities take place, park district, Forest Preserve
District, public community college district, aquarium, museum,
or sanitary district from all financial loss, damage or harm.
Alcoholic liquors may be sold at retail in buildings of golf
courses owned by municipalities or Illinois State University

HB4945 - 72 - LRB103 39311 BDA 69465 b
in connection with the operation of an established food
serving facility during times when food is dispensed for
consumption upon the premises. Alcoholic liquors may be
delivered to and sold at retail in any building owned by a fire
protection district organized under the Fire Protection
District Act, provided that such delivery and sale is approved
by the board of trustees of the district, and provided further
that such delivery and sale is limited to fundraising events
and to a maximum of 6 events per year. However, the limitation
to fundraising events and to a maximum of 6 events per year
does not apply to the delivery, sale, or manufacture of
alcoholic liquors at the building located at 59 Main Street in
Oswego, Illinois, owned by the Oswego Fire Protection District
if the alcoholic liquor is sold or dispensed as approved by the
Oswego Fire Protection District and the property is no longer
being utilized for fire protection purposes.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of the University of
Illinois for events that the Board may determine are public
events and not related student activities. The Board of
Trustees shall issue a written policy within 6 months of
August 15, 2008 (the effective date of Public Act 95-847)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy,

HB4945 - 73 - LRB103 39311 BDA 69465 b
the Board of Trustees shall, among other factors it considers
relevant and important, give consideration to the following:
(i) whether the event is a student activity or student related
activity; (ii) whether the physical setting of the event is
conducive to control of liquor sales and distribution; (iii)
the ability of the event operator to ensure that the sale or
serving of alcoholic liquors and the demeanor of the
participants are in accordance with State law and University
policies; (iv) regarding the anticipated attendees at the
event, the relative proportion of individuals under the age of
21 to individuals age 21 or older; (v) the ability of the venue
operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 18 or between the ages
of 18 and 21 without a parent or guardian present 21; (vi)
whether the event prohibits participants from removing
alcoholic beverages from the venue; and (vii) whether the
event prohibits participants from providing their own
alcoholic liquors to the venue. In addition, any policy
submitted by the Board of Trustees to the Illinois Liquor
Control Commission must require that any event at which
alcoholic liquors are served or sold in buildings under the
control of the Board of Trustees shall require the prior
written approval of the Office of the Chancellor for the
University campus where the event is located. The Board of
Trustees shall submit its policy, and any subsequently
revised, updated, new, or amended policies, to the Illinois

HB4945 - 74 - LRB103 39311 BDA 69465 b
Liquor Control Commission, and any University event, or
location for an event, exempted under such policies shall
apply for a license under the applicable Sections of this Act.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Northern Illinois
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
June 28, 2011 (the effective date of Public Act 97-45)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy,
the Board of Trustees shall, in addition to other factors it
considers relevant and important, give consideration to the
following: (i) whether the event is a student activity or
student-related activity; (ii) whether the physical setting of
the event is conducive to control of liquor sales and
distribution; (iii) the ability of the event operator to
ensure that the sale or serving of alcoholic liquors and the
demeanor of the participants are in accordance with State law
and University policies; (iv) the anticipated attendees at the
event and the relative proportion of individuals under the age
of 21 to individuals age 21 or older; (v) the ability of the
venue operator to prevent the sale or distribution of
alcoholic liquors to individuals under the age of 18 or

HB4945 - 75 - LRB103 39311 BDA 69465 b
between the ages of 18 and 21 without a parent or guardian
present 21; (vi) whether the event prohibits participants from
removing alcoholic beverages from the venue; and (vii) whether
the event prohibits participants from providing their own
alcoholic liquors to the venue.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Chicago State
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
August 2, 2013 (the effective date of Public Act 98-132)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy,
the Board of Trustees shall, in addition to other factors it
considers relevant and important, give consideration to the
following: (i) whether the event is a student activity or
student-related activity; (ii) whether the physical setting of
the event is conducive to control of liquor sales and
distribution; (iii) the ability of the event operator to
ensure that the sale or serving of alcoholic liquors and the
demeanor of the participants are in accordance with State law
and University policies; (iv) the anticipated attendees at the
event and the relative proportion of individuals under the age
of 21 to individuals age 21 or older; (v) the ability of the

HB4945 - 76 - LRB103 39311 BDA 69465 b
venue operator to prevent the sale or distribution of
alcoholic liquors to individuals under the age of 18 or
between the ages of 18 and 21 without a parent or guardian
present 21; (vi) whether the event prohibits participants from
removing alcoholic beverages from the venue; and (vii) whether
the event prohibits participants from providing their own
alcoholic liquors to the venue.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Illinois State
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
March 1, 2013 (the effective date of Public Act 97-1166)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy,
the Board of Trustees shall, in addition to other factors it
considers relevant and important, give consideration to the
following: (i) whether the event is a student activity or
student-related activity; (ii) whether the physical setting of
the event is conducive to control of liquor sales and
distribution; (iii) the ability of the event operator to
ensure that the sale or serving of alcoholic liquors and the
demeanor of the participants are in accordance with State law
and University policies; (iv) the anticipated attendees at the

HB4945 - 77 - LRB103 39311 BDA 69465 b
event and the relative proportion of individuals under the age
of 21 to individuals age 21 or older; (v) the ability of the
venue operator to prevent the sale or distribution of
alcoholic liquors to individuals under the age of 18 or
between the ages of 18 and 21 without a parent or guardian
present 21; (vi) whether the event prohibits participants from
removing alcoholic beverages from the venue; and (vii) whether
the event prohibits participants from providing their own
alcoholic liquors to the venue.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Southern Illinois
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
August 12, 2016 (the effective date of Public Act 99-795)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy,
the Board of Trustees shall, in addition to other factors it
considers relevant and important, give consideration to the
following: (i) whether the event is a student activity or
student-related activity; (ii) whether the physical setting of
the event is conducive to control of liquor sales and
distribution; (iii) the ability of the event operator to
ensure that the sale or serving of alcoholic liquors and the

HB4945 - 78 - LRB103 39311 BDA 69465 b
demeanor of the participants are in accordance with State law
and University policies; (iv) the anticipated attendees at the
event and the relative proportion of individuals under the age
of 21 to individuals age 21 or older; (v) the ability of the
venue operator to prevent the sale or distribution of
alcoholic liquors to individuals under the age of 18 or
between the ages of 18 and 21 without a parent or guardian
present 21; (vi) whether the event prohibits participants from
removing alcoholic beverages from the venue; and (vii) whether
the event prohibits participants from providing their own
alcoholic liquors to the venue.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of a public university for
events that the Board of Trustees of that public university
may determine are public events and not student-related
activities. If the Board of Trustees of a public university
has not issued a written policy pursuant to an exemption under
this Section on or before July 15, 2016 (the effective date of
Public Act 99-550), then that Board of Trustees shall issue a
written policy within 6 months after July 15, 2016 (the
effective date of Public Act 99-550) concerning the types of
events that would be eligible for an exemption. Thereafter,
the Board of Trustees may issue revised, updated, new, or
amended policies as it deems necessary and appropriate. In
preparing its written policy, the Board of Trustees shall, in
addition to other factors it considers relevant and important,

HB4945 - 79 - LRB103 39311 BDA 69465 b
give consideration to the following: (i) whether the event is
a student activity or student-related activity; (ii) whether
the physical setting of the event is conducive to control of
liquor sales and distribution; (iii) the ability of the event
operator to ensure that the sale or serving of alcoholic
liquors and the demeanor of the participants are in accordance
with State law and University policies; (iv) the anticipated
attendees at the event and the relative proportion of
individuals under the age of 21 to individuals age 21 or older;
(v) the ability of the venue operator to prevent the sale or
distribution of alcoholic liquors to individuals under the age
of 18 or between the ages of 18 and 21 without a parent or
guardian present 21; (vi) whether the event prohibits
participants from removing alcoholic beverages from the venue;
and (vii) whether the event prohibits participants from
providing their own alcoholic liquors to the venue. As used in
this paragraph, "public university" means the University of
Illinois, Illinois State University, Chicago State University,
Governors State University, Southern Illinois University,
Northern Illinois University, Eastern Illinois University,
Western Illinois University, and Northeastern Illinois
University.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of a community college
district for events that the Board of Trustees of that
community college district may determine are public events and

HB4945 - 80 - LRB103 39311 BDA 69465 b
not student-related activities. The Board of Trustees shall
issue a written policy within 6 months after July 15, 2016 (the
effective date of Public Act 99-550) concerning the types of
events that would be eligible for an exemption. Thereafter,
the Board of Trustees may issue revised, updated, new, or
amended policies as it deems necessary and appropriate. In
preparing its written policy, the Board of Trustees shall, in
addition to other factors it considers relevant and important,
give consideration to the following: (i) whether the event is
a student activity or student-related activity; (ii) whether
the physical setting of the event is conducive to control of
liquor sales and distribution; (iii) the ability of the event
operator to ensure that the sale or serving of alcoholic
liquors and the demeanor of the participants are in accordance
with State law and community college district policies; (iv)
the anticipated attendees at the event and the relative
proportion of individuals under the age of 21 to individuals
age 21 or older; (v) the ability of the venue operator to
prevent the sale or distribution of alcoholic liquors to
individuals under the age of 18 or between the ages of 18 and
21 without a parent or guardian present 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue. This paragraph does not apply to any community college
district authorized to sell or serve alcoholic liquor under

HB4945 - 81 - LRB103 39311 BDA 69465 b
any other provision of this Section.
Alcoholic liquor may be delivered to and sold at retail in
the Dorchester Senior Business Center owned by the Village of
Dolton if the alcoholic liquor is sold or dispensed only in
connection with organized functions for which the planned
attendance is 20 or more persons, and if the person or facility
selling or dispensing the alcoholic liquor has provided dram
shop liability insurance in maximum limits so as to hold
harmless the Village of Dolton and the State from all
financial loss, damage and harm.
Alcoholic liquors may be delivered to and sold at retail
in any building used as an Illinois State Armory provided:
(i) the Adjutant General's written consent to the
issuance of a license to sell alcoholic liquor in such
building is filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only in
connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons; and
(iv) the facility selling or dispensing the alcoholic
liquors has provided dram shop liability insurance in
maximum limits so as to save harmless the facility and the
State from all financial loss, damage or harm.
Alcoholic liquors may be delivered to and sold at retail
in the Chicago Civic Center, provided that:

HB4945 - 82 - LRB103 39311 BDA 69465 b
(i) the written consent of the Public Building
Commission which administers the Chicago Civic Center is
filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only in
connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons;
(iv) the facility selling or dispensing the alcoholic
liquors has provided dram shop liability insurance in
maximum limits so as to hold harmless the Civic Center,
the City of Chicago and the State from all financial loss,
damage or harm; and
(v) all applicable local ordinances are complied with.
Alcoholic liquors may be delivered or sold in any building
belonging to or under the control of any city, village or
incorporated town where more than 75% of the physical
properties of the building is used for commercial or
recreational purposes, and the building is located upon a pier
extending into or over the waters of a navigable lake or stream
or on the shore of a navigable lake or stream. In accordance
with a license issued under this Act, alcoholic liquor may be
sold, served, or delivered in buildings and facilities under
the control of the Department of Natural Resources during
events or activities lasting no more than 7 continuous days
upon the written approval of the Director of Natural Resources

HB4945 - 83 - LRB103 39311 BDA 69465 b
acting as the controlling government authority. The Director
of Natural Resources may specify conditions on that approval,
including but not limited to requirements for insurance and
hours of operation. Notwithstanding any other provision of
this Act, alcoholic liquor sold by a United States Army Corps
of Engineers or Department of Natural Resources concessionaire
who was operating on June 1, 1991 for on-premises consumption
only is not subject to the provisions of Articles IV and IX.
Beer and wine may be sold on the premises of the Joliet Park
District Stadium owned by the Joliet Park District when
written consent to the issuance of a license to sell beer and
wine in such premises is filed with the local liquor
commissioner by the Joliet Park District. Beer and wine may be
sold in buildings on the grounds of State veterans' homes when
written consent to the issuance of a license to sell beer and
wine in such buildings is filed with the Commission by the
Department of Veterans' Affairs, and the facility shall
provide dram shop liability in maximum insurance coverage
limits so as to save the facility harmless from all financial
loss, damage or harm. Such liquors may be delivered to and sold
at any property owned or held under lease by a Metropolitan
Pier and Exposition Authority or Metropolitan Exposition and
Auditorium Authority.
Beer and wine may be sold and dispensed at professional
sporting events and at professional concerts and other
entertainment events conducted on premises owned by the Forest

HB4945 - 84 - LRB103 39311 BDA 69465 b
Preserve District of Kane County, subject to the control of
the District Commissioners and applicable local law, provided
that dram shop liability insurance is provided at maximum
coverage limits so as to hold the District harmless from all
financial loss, damage and harm.
Nothing in this Section shall preclude the sale or
delivery of beer and wine at a State or county fair or the sale
or delivery of beer or wine at a city fair in any otherwise
lawful manner.
Alcoholic liquors may be sold at retail in buildings in
State parks under the control of the Department of Natural
Resources, provided:
a. the State park has overnight lodging facilities
with some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. (blank), and
c. the alcoholic liquors are sold by the State park
lodge or restaurant concessionaire only during the hours
from 11 o'clock a.m. until 12 o'clock midnight.
Notwithstanding any other provision of this Act, alcoholic
liquor sold by the State park or restaurant concessionaire
is not subject to the provisions of Articles IV and IX.
Alcoholic liquors may be sold at retail in buildings on
properties under the control of the Division of Historic
Preservation of the Department of Natural Resources or the

HB4945 - 85 - LRB103 39311 BDA 69465 b
Abraham Lincoln Presidential Library and Museum provided:
a. the property has overnight lodging facilities with
some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with the
commission by the Division of Historic Preservation of the
Department of Natural Resources or the Abraham Lincoln
Presidential Library and Museum, and
c. the alcoholic liquors are sold by the lodge or
restaurant concessionaire only during the hours from 11
o'clock a.m. until 12 o'clock midnight.
The sale of alcoholic liquors pursuant to this Section
does not authorize the establishment and operation of
facilities commonly called taverns, saloons, bars, cocktail
lounges, and the like except as a part of lodge and restaurant
facilities in State parks or golf courses owned by Forest
Preserve Districts with a population of less than 3,000,000 or
municipalities or park districts.
Alcoholic liquors may be sold at retail in the Springfield
Administration Building of the Department of Transportation
and the Illinois State Armory in Springfield; provided, that
the controlling government authority may consent to such sales
only if
a. the request is from a not-for-profit organization;

HB4945 - 86 - LRB103 39311 BDA 69465 b
b. such sales would not impede normal operations of
the departments involved;
c. the not-for-profit organization provides dram shop
liability in maximum insurance coverage limits and agrees
to defend, save harmless and indemnify the State of
Illinois from all financial loss, damage or harm;
d. no such sale shall be made during normal working
hours of the State of Illinois; and
e. the consent is in writing.
Alcoholic liquors may be sold at retail in buildings in
recreational areas of river conservancy districts under the
control of, or leased from, the river conservancy districts.
Such sales are subject to reasonable local regulations as
provided in Article IV; however, no such regulations may
prohibit or substantially impair the sale of alcoholic liquors
on Sundays or Holidays.
Alcoholic liquors may be provided in long term care
facilities owned or operated by a county under Division 5-21
or 5-22 of the Counties Code, when approved by the facility
operator and not in conflict with the regulations of the
Illinois Department of Public Health, to residents of the
facility who have had their consumption of the alcoholic
liquors provided approved in writing by a physician licensed
to practice medicine in all its branches.
Alcoholic liquors may be delivered to and dispensed in
State housing assigned to employees of the Department of

HB4945 - 87 - LRB103 39311 BDA 69465 b
Corrections. No person shall furnish or allow to be furnished
any alcoholic liquors to any prisoner confined in any jail,
reformatory, prison or house of correction except upon a
physician's prescription for medicinal purposes.
Alcoholic liquors may be sold at retail or dispensed at
the Willard Ice Building in Springfield, at the State Library
in Springfield, and at Illinois State Museum facilities by (1)
an agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
controlling government authority, or by (2) a not-for-profit
organization, provided that such organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit

HB4945 - 88 - LRB103 39311 BDA 69465 b
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at authorized functions.
The controlling government authority for the Willard Ice
Building in Springfield shall be the Director of the
Department of Revenue. The controlling government authority
for Illinois State Museum facilities shall be the Director of
the Illinois State Museum. The controlling government
authority for the State Library in Springfield shall be the
Secretary of State.
Alcoholic liquors may be delivered to and sold at retail
or dispensed at any facility, property or building under the
jurisdiction of the Division of Historic Preservation of the
Department of Natural Resources or the Abraham Lincoln
Presidential Library and Museum where the delivery, sale or
dispensing is by (1) an agency of the State, whether
legislative, judicial or executive, provided that such agency
first obtains written permission to sell or dispense alcoholic
liquors from a controlling government authority, or by (2) an
individual or organization provided that such individual or
organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal workings of State
offices or operations located at the facility, property or

HB4945 - 89 - LRB103 39311 BDA 69465 b
building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity of the individual or
organization in the facility, property or building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
The controlling government authority for the Division of
Historic Preservation of the Department of Natural Resources
shall be the Director of Natural Resources, and the
controlling government authority for the Abraham Lincoln
Presidential Library and Museum shall be the Executive
Director of the Abraham Lincoln Presidential Library and
Museum.
Alcoholic liquors may be delivered to and sold at retail
or dispensed for consumption at the Michael Bilandic Building
at 160 North LaSalle Street, Chicago IL 60601, after the
normal business hours of any day care or child care facility
located in the building, by (1) a commercial tenant or
subtenant conducting business on the premises under a lease
made pursuant to Section 405-315 of the Department of Central
Management Services Law (20 ILCS 405/405-315), provided that
such tenant or subtenant who accepts delivery of, sells, or

HB4945 - 90 - LRB103 39311 BDA 69465 b
dispenses alcoholic liquors shall procure and maintain dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, indemnify, and save
harmless the State of Illinois from all financial loss,
damage, or harm arising out of the delivery, sale, or
dispensing of alcoholic liquors, or by (2) an agency of the
State, whether legislative, judicial, or executive, provided
that such agency first obtains written permission to accept
delivery of and sell or dispense alcoholic liquors from the
Director of Central Management Services, or by (3) a
not-for-profit organization, provided that such organization:
a. obtains written consent from the Department of
Central Management Services;
b. accepts delivery of and sells or dispenses the
alcoholic liquors in a manner that does not impair normal
operations of State offices located in the building;
c. accepts delivery of and sells or dispenses
alcoholic liquors only in connection with an official
activity in the building; and
d. provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless, and
indemnify the State of Illinois from all financial loss,
damage, or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit

HB4945 - 91 - LRB103 39311 BDA 69465 b
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by the
Director of Central Management Services.
Alcoholic liquors may be sold at retail or dispensed at
the James R. Thompson Center in Chicago, subject to the
provisions of Section 7.4 of the State Property Control Act,
and 222 South College Street in Springfield, Illinois by (1) a
commercial tenant or subtenant conducting business on the
premises under a lease or sublease made pursuant to Section
405-315 of the Department of Central Management Services Law
(20 ILCS 405/405-315), provided that such tenant or subtenant
who sells or dispenses alcoholic liquors shall procure and
maintain dram shop liability insurance in maximum coverage
limits and in which the carrier agrees to defend, indemnify
and save harmless the State of Illinois from all financial
loss, damage or harm arising out of the sale or dispensing of
alcoholic liquors, or by (2) an agency of the State, whether
legislative, judicial or executive, provided that such agency
first obtains written permission to sell or dispense alcoholic
liquors from the Director of Central Management Services, or
by (3) a not-for-profit organization, provided that such
organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a

HB4945 - 92 - LRB103 39311 BDA 69465 b
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by the
Director of Central Management Services.
Alcoholic liquors may be sold or delivered at any facility
owned by the Illinois Sports Facilities Authority provided
that dram shop liability insurance has been made available in
a form, with such coverage and in such amounts as the Authority
reasonably determines is necessary.
Alcoholic liquors may be sold at retail or dispensed at
the Rockford State Office Building by (1) an agency of the
State, whether legislative, judicial or executive, provided
that such agency first obtains written permission to sell or
dispense alcoholic liquors from the Department of Central
Management Services, or by (2) a not-for-profit organization,

HB4945 - 93 - LRB103 39311 BDA 69465 b
provided that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by the
Department of Central Management Services.
Alcoholic liquors may be sold or delivered in a building
that is owned by McLean County, situated on land owned by the
county in the City of Bloomington, and used by the McLean
County Historical Society if the sale or delivery is approved
by an ordinance adopted by the county board, and the
municipality in which the building is located may not prohibit
that sale or delivery, notwithstanding any other provision of

HB4945 - 94 - LRB103 39311 BDA 69465 b
this Section. The regulation of the sale and delivery of
alcoholic liquor in a building that is owned by McLean County,
situated on land owned by the county, and used by the McLean
County Historical Society as provided in this paragraph is an
exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution of the power of a home rule municipality
to regulate that sale and delivery.
Alcoholic liquors may be sold or delivered in any building
situated on land held in trust for any school district
organized under Article 34 of the School Code, if the building
is not used for school purposes and if the sale or delivery is
approved by the board of education.
Alcoholic liquors may be delivered to and sold at retail
in any building owned by a public library district, provided
that the delivery and sale is approved by the board of trustees
of that public library district and is limited to library
fundraising events or programs of a cultural or educational
nature. Before the board of trustees of a public library
district may approve the delivery and sale of alcoholic
liquors, the board of trustees of the public library district
must have a written policy that has been approved by the board
of trustees of the public library district governing when and
under what circumstances alcoholic liquors may be delivered to
and sold at retail on property owned by that public library
district. The written policy must (i) provide that no

HB4945 - 95 - LRB103 39311 BDA 69465 b
alcoholic liquor may be sold, distributed, or consumed in any
area of the library accessible to the general public during
the event or program, (ii) prohibit the removal of alcoholic
liquor from the venue during the event, and (iii) require that
steps be taken to prevent the sale or distribution of
alcoholic liquor to persons under the age of 18 or between the
ages of 18 and 21 without a parent or guardian present 21. Any
public library district that has alcoholic liquor delivered to
or sold at retail on property owned by the public library
district shall provide dram shop liability insurance in
maximum insurance coverage limits so as to save harmless the
public library districts from all financial loss, damage, or
harm.
Alcoholic liquors may be sold or delivered in buildings
owned by the Community Building Complex Committee of Boone
County, Illinois if the person or facility selling or
dispensing the alcoholic liquor has provided dram shop
liability insurance with coverage and in amounts that the
Committee reasonably determines are necessary.
Alcoholic liquors may be sold or delivered in the building
located at 1200 Centerville Avenue in Belleville, Illinois and
occupied by either the Belleville Area Special Education
District or the Belleville Area Special Services Cooperative.
Alcoholic liquors may be delivered to and sold at the
Louis Joliet Renaissance Center, City Center Campus, located
at 214 N. Ottawa Street, Joliet, and the Food

HB4945 - 96 - LRB103 39311 BDA 69465 b
Services/Culinary Arts Department facilities, Main Campus,
located at 1215 Houbolt Road, Joliet, owned by or under the
control of Joliet Junior College, Illinois Community College
District No. 525.
Alcoholic liquors may be delivered to and sold at Triton
College, Illinois Community College District No. 504.
Alcoholic liquors may be delivered to and sold at the
College of DuPage, Illinois Community College District No.
502.
Alcoholic liquors may be delivered to and sold on any
property owned, operated, or controlled by Lewis and Clark
Community College, Illinois Community College District No.
536.
Alcoholic liquors may be delivered to and sold at the
building located at 446 East Hickory Avenue in Apple River,
Illinois, owned by the Apple River Fire Protection District,
and occupied by the Apple River Community Association if the
alcoholic liquor is sold or dispensed only in connection with
organized functions approved by the Apple River Community
Association for which the planned attendance is 20 or more
persons and if the person or facility selling or dispensing
the alcoholic liquor has provided dram shop liability
insurance in maximum limits so as to hold harmless the Apple
River Fire Protection District, the Village of Apple River,
and the Apple River Community Association from all financial
loss, damage, and harm.

HB4945 - 97 - LRB103 39311 BDA 69465 b
Alcoholic liquors may be delivered to and sold at the
Sikia Restaurant, Kennedy King College Campus, located at 740
West 63rd Street, Chicago, and at the Food Services in the
Great Hall/Washburne Culinary Institute Department facility,
Kennedy King College Campus, located at 740 West 63rd Street,
Chicago, owned by or under the control of City Colleges of
Chicago, Illinois Community College District No. 508.
(Source: P.A. 99-78, eff. 7-20-15; 99-484, eff. 10-30-15;
99-550, eff. 7-15-16; 99-559, eff. 7-15-16; 99-795, eff.
8-12-16; 100-120, eff. 8-18-17; 100-201, eff. 8-18-17;
100-695, eff. 8-3-18.)
(235 ILCS 5/6-16) (from Ch. 43, par. 131)
Sec. 6-16. Prohibited sales and possession.
(a) (i) No licensee nor any officer, associate, member,
representative, agent, or employee of such licensee shall
sell, give, or deliver alcoholic liquor to any person under
the age of 18 21 years, or between the ages of 18 and 21
without a parent or guardian present, or to any intoxicated
person, except as provided in Section 6-16.1. (ii) No express
company, common carrier, or contract carrier nor any
representative, agent, or employee on behalf of an express
company, common carrier, or contract carrier that carries or
transports alcoholic liquor for delivery within this State
shall knowingly give or knowingly deliver to a residential
address any shipping container clearly labeled as containing

HB4945 - 98 - LRB103 39311 BDA 69465 b
alcoholic liquor and labeled as requiring signature of an
adult of at least 21 years of age, or between the ages of 18
and 21 with a parent or guardian present, to any person in this
State under the age of 18 21 years, or between the ages of 18
and 21 without a parent or guardian present. An express
company, common carrier, or contract carrier that carries or
transports such alcoholic liquor for delivery within this
State shall obtain a signature at the time of delivery
acknowledging receipt of the alcoholic liquor by an adult who
is at least 21 years of age, or between the ages of 18 and 21
with a parent or guardian present. At no time while delivering
alcoholic beverages within this State may any representative,
agent, or employee of an express company, common carrier, or
contract carrier that carries or transports alcoholic liquor
for delivery within this State deliver the alcoholic liquor to
a residential address without the acknowledgment of the
consignee and without first obtaining a signature at the time
of the delivery by an adult who is at least 21 years of age, or
between the ages of 18 and 21 with a parent or guardian
present. A signature of a person on file with the express
company, common carrier, or contract carrier does not
constitute acknowledgement of the consignee. Any express
company, common carrier, or contract carrier that transports
alcoholic liquor for delivery within this State that violates
this item (ii) of this subsection (a) by delivering alcoholic
liquor without the acknowledgement of the consignee and

HB4945 - 99 - LRB103 39311 BDA 69465 b
without first obtaining a signature at the time of the
delivery by an adult who is at least 21 years of age, or
between the ages of 18 and 21 with a parent or guardian
present, is guilty of a business offense for which the express
company, common carrier, or contract carrier that transports
alcoholic liquor within this State shall be fined not more
than $1,001 for a first offense, not more than $5,000 for a
second offense, and not more than $10,000 for a third or
subsequent offense. An express company, common carrier, or
contract carrier shall be held vicariously liable for the
actions of its representatives, agents, or employees. For
purposes of this Act, in addition to other methods authorized
by law, an express company, common carrier, or contract
carrier shall be considered served with process when a
representative, agent, or employee alleged to have violated
this Act is personally served. Each shipment of alcoholic
liquor delivered in violation of this item (ii) of this
subsection (a) constitutes a separate offense. (iii) No
person, after purchasing or otherwise obtaining alcoholic
liquor, shall sell, give, or deliver such alcoholic liquor to
another person under the age of 18 21 years, or between the
ages of 18 and 21 without a parent or guardian present, except
in the performance of a religious ceremony or service. Except
as otherwise provided in item (ii), any express company,
common carrier, or contract carrier that transports alcoholic
liquor within this State that violates the provisions of item

HB4945 - 100 - LRB103 39311 BDA 69465 b
(i), (ii), or (iii) of this paragraph of this subsection (a) is
guilty of a Class A misdemeanor and the sentence shall
include, but shall not be limited to, a fine of not less than
$500. Any person who violates the provisions of item (iii) of
this paragraph of this subsection (a) is guilty of a Class A
misdemeanor and the sentence shall include, but shall not be
limited to a fine of not less than $500 for a first offense and
not less than $2,000 for a second or subsequent offense. Any
person who knowingly violates the provisions of item (iii) of
this paragraph of this subsection (a) is guilty of a Class 4
felony if a death occurs as the result of the violation.
If a licensee or officer, associate, member,
representative, agent, or employee of the licensee, or a
representative, agent, or employee of an express company,
common carrier, or contract carrier that carries or transports
alcoholic liquor for delivery within this State, is prosecuted
under this paragraph of this subsection (a) for selling,
giving, or delivering alcoholic liquor to a person under the
age of 18 21 years, or between the ages of 18 and 21 without a
parent or guardian present, the person under 18 21 years of
age, or between the ages of 18 and 21 without a parent or
guardian present, who attempted to buy or receive the
alcoholic liquor may be prosecuted pursuant to Section 6-20 of
this Act, unless the person under 18 21 years of age, or
between the ages of 18 and 21 without a parent or guardian
present, was acting under the authority of a law enforcement

HB4945 - 101 - LRB103 39311 BDA 69465 b
agency, the Illinois Liquor Control Commission, or a local
liquor control commissioner pursuant to a plan or action to
investigate, patrol, or conduct any similar enforcement
action.
For the purpose of preventing the violation of this
Section, any licensee, or his agent or employee, or a
representative, agent, or employee of an express company,
common carrier, or contract carrier that carries or transports
alcoholic liquor for delivery within this State, shall refuse
to sell, deliver, or serve alcoholic beverages to any person
who is unable to produce adequate written evidence of identity
and of the fact that he or she is over the age of 21 years, or
between the ages of 18 and 21 and has a parent or guardian
present, if requested by the licensee, agent, employee, or
representative.
Adequate written evidence of age and identity of the
person is a document issued by a federal, state, county, or
municipal government, or subdivision or agency thereof,
including, but not limited to, a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the Armed Forces. Proof that the defendant-licensee,
or his employee or agent, or the representative, agent, or
employee of the express company, common carrier, or contract
carrier that carries or transports alcoholic liquor for
delivery within this State demanded, was shown and reasonably

HB4945 - 102 - LRB103 39311 BDA 69465 b
relied upon such written evidence in any transaction forbidden
by this Section is an affirmative defense in any criminal
prosecution therefor or to any proceedings for the suspension
or revocation of any license based thereon. It shall not,
however, be an affirmative defense if the agent or employee
accepted the written evidence knowing it to be false or
fraudulent. If a false or fraudulent Illinois driver's license
or Illinois identification card is presented by a person less
than 21 years of age to a licensee or the licensee's agent or
employee for the purpose of ordering, purchasing, attempting
to purchase, or otherwise obtaining or attempting to obtain
the serving of any alcoholic beverage, the law enforcement
officer or agency investigating the incident shall, upon the
conviction of the person who presented the fraudulent license
or identification, make a report of the matter to the
Secretary of State on a form provided by the Secretary of
State.
However, no agent or employee of the licensee or employee
of an express company, common carrier, or contract carrier
that carries or transports alcoholic liquor for delivery
within this State shall be disciplined or discharged for
selling or furnishing liquor to a person under 18 21 years of
age, or between the ages of 18 and 21 without a parent or
guardian present, if the agent or employee demanded and was
shown, before furnishing liquor to a person under 18 21 years
of age, or between the ages of 18 and 21 without a parent or

HB4945 - 103 - LRB103 39311 BDA 69465 b
guardian present, adequate written evidence of age and
identity of the person issued by a federal, state, county or
municipal government, or subdivision or agency thereof,
including but not limited to a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the Armed Forces. This paragraph, however, shall not
apply if the agent or employee accepted the written evidence
knowing it to be false or fraudulent.
Any person who sells, gives, or furnishes to any person
under the age of 21 years any false or fraudulent written,
printed, or photostatic evidence of the age and identity of
such person or who sells, gives or furnishes to any person
under the age of 21 years evidence of age and identification of
any other person is guilty of a Class A misdemeanor and the
person's sentence shall include, but shall not be limited to,
a fine of not less than $500.
Any person under the age of 21 years who presents or offers
to any licensee, his agent or employee, any written, printed
or photostatic evidence of age and identity that is false,
fraudulent, or not actually his or her own for the purpose of
ordering, purchasing, attempting to purchase or otherwise
procuring or attempting to procure, the serving of any
alcoholic beverage, who falsely states in writing that he or
she is at least 21 years of age, or between the ages of 18 and
21 and has a parent or guardian present, when receiving

HB4945 - 104 - LRB103 39311 BDA 69465 b
alcoholic liquor from a representative, agent, or employee of
an express company, common carrier, or contract carrier, or
who has in his or her possession any false or fraudulent
written, printed, or photostatic evidence of age and identity,
is guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, the following: a
fine of not less than $500 and at least 25 hours of community
service. If possible, any community service shall be performed
for an alcohol abuse prevention program.
Any person under the age of 21 years who has any alcoholic
beverage in his or her possession on any street or highway or
in any public place or in any place open to the public is
guilty of a Class A misdemeanor. This Section does not apply to
possession by a person under the age of 21 years making a
delivery of an alcoholic beverage in pursuance of the order of
his or her parent or in pursuance of his or her employment.
(a-1) It is unlawful for any parent or guardian to
knowingly permit his or her residence, any other private
property under his or her control, or any vehicle, conveyance,
or watercraft under his or her control to be used by an invitee
of the parent's child or the guardian's ward, if the invitee is
under the age of 18 or between the ages of 18 and 21 without a
parent or guardian present 21, in a manner that constitutes a
violation of this Section. A parent or guardian is deemed to
have knowingly permitted his or her residence, any other
private property under his or her control, or any vehicle,

HB4945 - 105 - LRB103 39311 BDA 69465 b
conveyance, or watercraft under his or her control to be used
in violation of this Section if he or she knowingly authorizes
or permits consumption of alcoholic liquor by underage
invitees. Any person who violates this subsection (a-1) is
guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, a fine of not less
than $500. Where a violation of this subsection (a-1) directly
or indirectly results in great bodily harm or death to any
person, the person violating this subsection shall be guilty
of a Class 4 felony. Nothing in this subsection (a-1) shall be
construed to prohibit the giving of alcoholic liquor to a
person under the age of 21 years in the performance of a
religious ceremony or service in observation of a religious
holiday.
For the purposes of this subsection (a-1) where the
residence or other property has an owner and a tenant or
lessee, the trier of fact may infer that the residence or other
property is occupied only by the tenant or lessee.
(b) Except as otherwise provided in this Section whoever
violates this Section shall, in addition to other penalties
provided for in this Act, be guilty of a Class A misdemeanor.
(c) Any person shall be guilty of a Class A misdemeanor
where he or she knowingly authorizes or permits a residence
which he or she occupies to be used by an invitee under 18 21
years of age, or between the ages of 18 and 21 without a parent
or guardian present, and:

HB4945 - 106 - LRB103 39311 BDA 69465 b
(1) the person occupying the residence knows that any
such person under the age of 18, or between the ages of 18
and 21 without a parent or guardian present, 21 is in
possession of or is consuming any alcoholic beverage; and
(2) the possession or consumption of the alcohol by
the person under 18, or between the ages of 18 and 21
without a parent or guardian present, 21 is not otherwise
permitted by this Act.
For the purposes of this subsection (c) where the
residence has an owner and a tenant or lessee, the trier of
fact may infer that the residence is occupied only by the
tenant or lessee. The sentence of any person who violates this
subsection (c) shall include, but shall not be limited to, a
fine of not less than $500. Where a violation of this
subsection (c) directly or indirectly results in great bodily
harm or death to any person, the person violating this
subsection (c) shall be guilty of a Class 4 felony. Nothing in
this subsection (c) shall be construed to prohibit the giving
of alcoholic liquor to a person under the age of 21 years in
the performance of a religious ceremony or service in
observation of a religious holiday.
A person shall not be in violation of this subsection (c)
if (A) he or she requests assistance from the police
department or other law enforcement agency to either (i)
remove any person who refuses to abide by the person's
performance of the duties imposed by this subsection (c) or

HB4945 - 107 - LRB103 39311 BDA 69465 b
(ii) terminate the activity because the person has been unable
to prevent a person under the age of 18 21 years, or between
the ages of 18 and 21 without a parent or guardian present,
from consuming alcohol despite having taken all reasonable
steps to do so and (B) this assistance is requested before any
other person makes a formal complaint to the police department
or other law enforcement agency about the activity.
(d) Any person who rents a hotel or motel room from the
proprietor or agent thereof for the purpose of or with the
knowledge that such room shall be used for the consumption of
alcoholic liquor by persons under the age of 18 21 years, or
between the ages of 18 and 21 without a parent or guardian
present, shall be guilty of a Class A misdemeanor.
(e) Except as otherwise provided in this Act, any person
who has alcoholic liquor in his or her possession on public
school district property on school days or at events on public
school district property when children are present is guilty
of a petty offense, unless the alcoholic liquor (i) is in the
original container with the seal unbroken and is in the
possession of a person who is not otherwise legally prohibited
from possessing the alcoholic liquor or (ii) is in the
possession of a person in or for the performance of a religious
service or ceremony authorized by the school board.
(Source: P.A. 97-1049, eff. 1-1-13; 98-1017, eff. 1-1-15.)
(235 ILCS 5/6-16.1)

HB4945 - 108 - LRB103 39311 BDA 69465 b
Sec. 6-16.1. Enforcement actions.
(a) A licensee or an officer, associate, member,
representative, agent, or employee of a licensee may sell,
give, or deliver alcoholic liquor to a person under the age of
21 years or authorize the sale, gift, or delivery of alcoholic
liquor to a person under the age of 21 years pursuant to a plan
or action to investigate, patrol, or otherwise conduct a
"sting operation" or enforcement action against a person
employed by the licensee or on any licensed premises if the
licensee or officer, associate, member, representative, agent,
or employee of the licensee provides written notice, at least
14 days before the "sting operation" or enforcement action,
unless governing body of the municipality or county having
jurisdiction sets a shorter period by ordinance, to the law
enforcement agency having jurisdiction, the local liquor
control commissioner, or both. Notice provided under this
Section shall be valid for a "sting operation" or enforcement
action conducted within 60 days of the provision of that
notice, unless the governing body of the municipality or
county having jurisdiction sets a shorter period by ordinance.
(b) A local liquor control commission or unit of local
government that conducts alcohol and tobacco compliance
operations shall establish a policy and standards for alcohol
and tobacco compliance operations to investigate whether a
licensee is furnishing (1) alcoholic liquor to persons under
18 21 years of age, or between the ages of 18 and 21 without a

HB4945 - 109 - LRB103 39311 BDA 69465 b
parent or guardian present, in violation of this Act or (2)
tobacco to persons in violation of the Prevention of Tobacco
Use by Persons under 21 Years of Age and Sale and Distribution
of Tobacco Products Act.
(c) The Illinois Law Enforcement Training Standards Board
shall develop a model policy and guidelines for the operation
of alcohol and tobacco compliance checks by local law
enforcement officers. The Illinois Law Enforcement Training
Standards Board shall also require the supervising officers of
such compliance checks to have met a minimum training standard
as determined by the Board. The Board shall have the right to
waive any training based on current written policies and
procedures for alcohol and tobacco compliance check operations
and in-service training already administered by the local law
enforcement agency, department, or office.
(d) The provisions of subsections (b) and (c) do not apply
to a home rule unit with more than 2,000,000 inhabitants.
(e) A home rule unit, other than a home rule unit with more
than 2,000,000 inhabitants, may not regulate enforcement
actions in a manner inconsistent with the regulation of
enforcement actions under this Section. This subsection (e) 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.
(f) A licensee who is the subject of an enforcement action

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or "sting operation" under this Section and is found, pursuant
to the enforcement action, to be in compliance with this Act
shall be notified by the enforcement agency action that no
violation was found within 30 days after the finding.
(Source: P.A. 101-2, eff. 7-1-19.)
(235 ILCS 5/6-16.2)
Sec. 6-16.2. Prohibited entry to a licensed premises. A
municipality or county may prohibit a licensee or any officer,
associate, member, representative, agent, or employee of a
licensee from permitting a person under the age of 18 21 years,
or between the ages of 18 and 21 without a parent or guardian
present, to enter and remain in that portion of a licensed
premises that sells, gives, or delivers alcoholic liquor for
consumption on the premises. No prohibition under this
Section, however, shall apply to any licensed premises, such
as without limitation a restaurant or food shop, where
selling, giving, or delivering alcoholic liquor is not the
principal business of the licensee at those premises.
In those instances where a person under the age of 18 21
years, or between the ages of 18 and 21 without a parent or
guardian present, is prohibited from entering and remaining on
the premises, proof that the defendant-licensee, or his
employee or agent, demanded, was shown, and reasonably relied
upon adequate written evidence for purposes of entering and
remaining on the licensed premises is an affirmative defense

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in any criminal prosecution therefor or to any proceedings for
the suspension or revocation of any license based thereon. It
shall not, however, be an affirmative defense if the
defendant-licensee, or his agent or employee, accepted the
written evidence knowing it to be false or fraudulent.
Adequate written evidence of age and identity of the
person is a document issued by a federal, state, county, or
municipal government, or subdivision or agency thereof,
including, but not limited to, a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the armed forces.
If a false or fraudulent Illinois driver's license or
Illinois identification card is presented by a person less
than 18 21 years of age, or between the ages of 18 and 21 with
a parent or guardian present, to a licensee or the licensee's
agent or employee for the purpose of obtaining entry and
remaining on a licensed premises, the law enforcement officer
or agency investigating the incident shall, upon the
conviction of the person who presented the fraudulent license
or identification, make a report of the matter to the
Secretary of State on a form provided by the Secretary of
State.
(Source: P.A. 95-331, eff. 8-21-07.)
(235 ILCS 5/6-20) (from Ch. 43, par. 134a)

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Sec. 6-20. Transfer, possession, and consumption of
alcoholic liquor; restrictions.
(a) Any person to whom the sale, gift or delivery of any
alcoholic liquor is prohibited because of age shall not
purchase, or accept a gift of such alcoholic liquor or have
such alcoholic liquor in his possession.
(b) If a licensee or his or her agents or employees
believes or has reason to believe that a sale or delivery of
any alcoholic liquor is prohibited because of the non-age of
the prospective recipient, he or she shall, before making such
sale or delivery demand presentation of some form of positive
identification, containing proof of age, issued by a public
officer in the performance of his or her official duties.
(c) No person shall transfer, alter, or deface such an
identification card; use the identification card of another;
carry or use a false or forged identification card; or obtain
an identification card by means of false information.
(d) No person shall purchase, accept delivery or have
possession of alcoholic liquor in violation of this Section.
(e) The consumption of alcoholic liquor by any person
under 18 21 years of age, or between the ages of 18 and 21
without a parent or guardian present, is forbidden.
(f) Whoever violates any provisions of this Section shall
be guilty of a Class A misdemeanor.
(g) The possession and dispensing, or consumption by a
person under 21 years of age of alcoholic liquor in the

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performance of a religious service or ceremony, or the
consumption by a person under 18 21 years of age under the
direct supervision and approval of the parents or parent or
those persons standing in loco parentis of such person under
18 21 years of age in the privacy of a home, is not prohibited
by this Act.
(h) The provisions of this Act prohibiting the possession
of alcoholic liquor by a person under 21 years of age and
dispensing of alcoholic liquor to a person under 21 years of
age do not apply in the case of a student under 21 years of
age, but 18 years of age or older, who:
(1) tastes, but does not imbibe, alcoholic liquor only
during times of a regularly scheduled course while under
the direct supervision of an instructor who is at least 21
years of age and employed by an educational institution
described in subdivision (2);
(2) is enrolled as a student in a college, university,
or post-secondary educational institution that is
accredited or certified by an agency recognized by the
United States Department of Education or a nationally
recognized accrediting agency or association, or that has
a permit of approval issued by the Board of Higher
Education pursuant to the Private Business and Vocational
Schools Act of 2012;
(3) is participating in a culinary arts, fermentation
science, food service, or restaurant management degree

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program of which a portion of the program includes
instruction on responsible alcoholic beverage serving
methods modeled after the Beverage Alcohol Sellers and
Server Education and Training (BASSET) curriculum; and
(4) tastes, but does not imbibe, alcoholic liquor for
instructional purposes up to, but not exceeding, 6 times
per class as a part of a required course in which the
student temporarily possesses alcoholic liquor for
tasting, not imbibing, purposes only in a class setting on
the campus and, thereafter, the alcoholic liquor is
possessed and remains under the control of the instructor.
(i) A law enforcement officer may not charge or otherwise
take a person into custody based solely on the commission of an
offense that involves alcohol and violates subsection (d) or
(e) of this Section if the law enforcement officer, after
making a reasonable determination and considering the facts
and surrounding circumstances, reasonably believes that all of
the following apply:
(1) The law enforcement officer has contact with the
person because that person either:
(A) requested emergency medical assistance for an
individual who reasonably appeared to be in need of
medical assistance due to alcohol consumption; or
(B) acted in concert with another person who
requested emergency medical assistance for an
individual who reasonably appeared to be in need of

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medical assistance due to alcohol consumption;
however, the provisions of this subparagraph (B) shall
not apply to more than 3 persons acting in concert for
any one occurrence.
(2) The person described in subparagraph (A) or (B) of
paragraph (1) of this subsection (i):
(A) provided his or her full name and any other
relevant information requested by the law enforcement
officer;
(B) remained at the scene with the individual who
reasonably appeared to be in need of medical
assistance due to alcohol consumption until emergency
medical assistance personnel arrived; and
(C) cooperated with emergency medical assistance
personnel and law enforcement officers at the scene.
(i-5) (1) In this subsection (i-5):
"Medical forensic services" has the meaning defined in
Section 1a of the Sexual Assault Survivors Emergency Treatment
Act.
"Sexual assault" means an act of sexual conduct or sexual
penetration, defined in Section 11-0.1 of the Criminal Code of
2012, including, without limitation, acts prohibited under
Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012.
(2) A law enforcement officer may not charge or otherwise
take a person into custody based solely on the commission of an
offense that involves alcohol and violates subsection (d) or

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(e) of this Section if the law enforcement officer, after
making a reasonable determination and considering the facts
and surrounding circumstances, reasonably believes that all of
the following apply:
(A) The law enforcement officer has contact with the
person because the person:
(i) reported that he or she was sexually
assaulted;
(ii) reported a sexual assault of another person
or requested emergency medical assistance or medical
forensic services for another person who had been
sexually assaulted; or
(iii) acted in concert with another person who
reported a sexual assault of another person or
requested emergency medical assistance or medical
forensic services for another person who had been
sexually assaulted; however, the provisions of this
item (iii) shall not apply to more than 3 persons
acting in concert for any one occurrence.
The report of a sexual assault may have been made to a
health care provider, to law enforcement, including the
campus police or security department of an institution of
higher education, or to the Title IX coordinator of an
institution of higher education or another employee of the
institution responsible for responding to reports of
sexual assault under State or federal law.

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(B) The person who reports the sexual assault:
(i) provided his or her full name;
(ii) remained at the scene until emergency medical
assistance personnel arrived, if emergency medical
assistance was summoned for the person who was
sexually assaulted and he or she cooperated with
emergency medical assistance personnel; and
(iii) cooperated with the agency or person to whom
the sexual assault was reported if he or she witnessed
or reported the sexual assault of another person.
(j) A person who meets the criteria of paragraphs (1) and
(2) of subsection (i) of this Section or a person who meets the
criteria of paragraph (2) of subsection (i-5) of this Section
shall be immune from criminal liability for an offense under
subsection (d) or (e) of this Section.
(k) A person may not initiate an action against a law
enforcement officer based on the officer's compliance or
failure to comply with subsection (i) or (i-5) of this
Section, except for willful or wanton misconduct.
(Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16;
100-1087, eff. 1-1-19.)
(235 ILCS 5/6-21) (from Ch. 43, par. 135)
Sec. 6-21. (a) Every person who is injured within this
State, in person or property, by any intoxicated person has a
right of action in his or her own name, severally or jointly,

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against any person, licensed under the laws of this State or of
any other state to sell alcoholic liquor, who, by selling or
giving alcoholic liquor, within or without the territorial
limits of this State, causes the intoxication of such person.
Any person at least 21 years of age who pays for a hotel or
motel room or facility knowing that the room or facility is to
be used by any person under 18 21 years of age, or between 18
and 21 years of age without a parent or guardian present, for
the unlawful consumption of alcoholic liquors and such
consumption causes the intoxication of the person under 18 21
years of age, or between 18 and 21 years of age without a
parent or guardian present, shall be liable to any person who
is injured in person or property by the intoxicated person
under 18 21 years of age, or between 18 and 21 years of age
without a parent or guardian present. Any person owning,
renting, leasing or permitting the occupation of any building
or premises with knowledge that alcoholic liquors are to be
sold therein, or who having leased the same for other
purposes, shall knowingly permit therein the sale of any
alcoholic liquors that have caused the intoxication of any
person, shall be liable, severally or jointly, with the person
selling or giving the liquors. However, if such building or
premises belong to a minor or other person under guardianship
the guardian of such person shall be held liable instead of the
ward. A married woman has the same right to bring the action
and to control it and the amount recovered as an unmarried

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woman. All damages recovered by a minor under this Act shall be
paid either to the minor, or to his or her parent, guardian or
next friend as the court shall direct. The unlawful sale or
gift of alcoholic liquor works a forfeiture of all rights of
the lessee or tenant under any lease or contract of rent upon
the premises where the unlawful sale or gift takes place. All
actions for damages under this Act may be by any appropriate
action in the circuit court. An action shall lie for injuries
to either means of support or loss of society, but not both,
caused by an intoxicated person or in consequence of the
intoxication of any person resulting as hereinabove set out.
"Loss of society" means the mutual benefits that each family
member receives from the other's continued existence,
including love, affection, care, attention, companionship,
comfort, guidance, and protection. "Family" includes spouse,
children, parents, brothers, and sisters. The action, if the
person from whom support or society was furnished is living,
shall be brought by any person injured in means of support or
society in his or her name for his or her benefit and the
benefit of all other persons injured in means of support or
society. However, any person claiming to be injured in means
of support or society and not included in any action brought
hereunder may join by motion made within the times herein
provided for bringing such action or the personal
representative of the deceased person from whom such support
or society was furnished may so join. In every such action the

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jury shall determine the amount of damages to be recovered
without regard to and with no special instructions as to the
dollar limits on recovery imposed by this Section. The amount
recovered in every such action is for the exclusive benefit of
the person injured in loss of support or society and shall be
distributed to such persons in the proportions determined by
the verdict rendered or judgment entered in the action. If the
right of action is settled by agreement with the personal
representative of a deceased person from whom support or
society was furnished, the court having jurisdiction of the
estate of the deceased person shall distribute the amount of
the settlement to the person injured in loss of support or
society in the proportion, as determined by the court, that
the percentage of dependency of each such person upon the
deceased person bears to the sum of the percentages of
dependency of all such persons upon the deceased person. For
all causes of action involving persons injured, killed, or
incurring property damage before September 12, 1985, in no
event shall the judgment or recovery under this Act for injury
to the person or to the property of any person as hereinabove
set out exceed $15,000, and recovery under this Act for loss of
means of support resulting from the death or injury of any
person, as hereinabove set out, shall not exceed $20,000. For
all causes of action involving persons injured, killed, or
incurring property damage after September 12, 1985 but before
July 1, 1998, in no event shall the judgment or recovery for

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injury to the person or property of any person exceed $30,000
for each person incurring damages, and recovery under this Act
for loss of means of support resulting from the death or injury
of any person shall not exceed $40,000. For all causes of
action involving persons injured, killed, or incurring
property damage on or after July 1, 1998, in no event shall the
judgment or recovery for injury to the person or property of
any person exceed $45,000 for each person incurring damages,
and recovery under this Act for either loss of means of support
or loss of society resulting from the death or injury of any
person shall not exceed $55,000. Beginning in 1999, every
January 20, these liability limits shall automatically be
increased or decreased, as applicable, by a percentage equal
to the percentage change in the consumer price index-u during
the preceding 12-month calendar year. "Consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the
average change in prices of goods and services purchased by
all urban consumers, United States city average, all items,
1982-84 = 100. The new amount resulting from each annual
adjustment shall be determined by the Comptroller and made
available via the Comptroller's official website by January 31
of every year and to the chief judge of each judicial circuit.
The liability limits at the time at which damages subject to
such limits are awarded by final judgment or settlement shall
be utilized by the courts. Nothing in this Section bars any

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person from making separate claims which, in the aggregate,
exceed any one limit where such person incurs more than one
type of compensable damage, including personal injury,
property damage, and loss to means of support or society.
However, all persons claiming loss to means of support or
society shall be limited to an aggregate recovery not to
exceed the single limitation set forth herein for the death or
injury of each person from whom support or society is claimed.
Nothing in this Act shall be construed to confer a cause of
action for injuries to the person or property of the
intoxicated person himself, nor shall anything in this Act be
construed to confer a cause of action for loss of means of
support or society on the intoxicated person himself or on any
person claiming to be supported by such intoxicated person or
claiming the society of such person. In conformance with the
rule of statutory construction enunciated in the general
Illinois saving provision in Section 4 of "An Act to revise the
law in relation to the construction of the statutes", approved
March 5, 1874, as amended, no amendment of this Section
purporting to abolish or having the effect of abolishing a
cause of action shall be applied to invalidate a cause of
action accruing before its effective date, irrespective of
whether the amendment was passed before or after the effective
date of this amendatory Act of 1986.
Each action hereunder shall be barred unless commenced
within one year next after the cause of action accrued.

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However, a licensed distributor or brewer whose only
connection with the furnishing of alcoholic liquor which is
alleged to have caused intoxication was the furnishing or
maintaining of any apparatus for the dispensing or cooling of
beer is not liable under this Section, and if such licensee is
named as a defendant, a proper motion to dismiss shall be
granted.
(b) Any person licensed under any state or local law to
sell alcoholic liquor, whether or not a citizen or resident of
this State, who in person or through an agent causes the
intoxication, by the sale or gift of alcoholic liquor, of any
person who, while intoxicated, causes injury to any person or
property in the State of Illinois thereby submits such
licensed person, and, if an individual, his or her personal
representative, to the jurisdiction of the courts of this
State for a cause of action arising under subsection (a)
above.
Service of process upon any person who is subject to the
jurisdiction of the courts of this State, as provided in this
subsection, may be made by personally serving the summons upon
the defendant outside this State, as provided in the Code of
Civil Procedure, as now or hereafter amended, with the same
force and effect as though summons had been personally served
within this State.
Only causes of action arising under subsection (a) above
may be asserted against a defendant in an action in which

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jurisdiction over him or her is based upon this subsection.
Nothing herein contained limits or affects the right to
serve any process in any other manner now or hereafter
provided by law.
(Source: P.A. 94-982, eff. 6-30-06.)
(235 ILCS 5/6-28.8)
(Section scheduled to be repealed on August 1, 2028)
Sec. 6-28.8. Delivery and carry out of mixed drinks
permitted.
(a) In this Section:
"Cocktail" or "mixed drink" means any beverage obtained by
combining ingredients alcoholic in nature, whether brewed,
fermented, or distilled, with ingredients non-alcoholic in
nature, such as fruit juice, lemonade, cream, or a carbonated
beverage.
"Original container" means, for the purposes of this
Section only, a container that is (i) filled, sealed, and
secured by a retail licensee's employee at the retail
licensee's location with a tamper-evident lid or cap or (ii)
filled and labeled by the manufacturer and secured by the
manufacturer's original unbroken seal.
"Sealed container" means a rigid container that contains a
mixed drink or a single serving of wine, is new, has never been
used, has a secured lid or cap designed to prevent consumption
without removal of the lid or cap, and is tamper-evident.

HB4945 - 125 - LRB103 39311 BDA 69465 b
"Sealed container" includes a manufacturer's original
container as defined in this subsection. "Sealed container"
does not include a container with a lid with sipping holes or
openings for straws or a container made of plastic, paper, or
polystyrene foam.
"Tamper-evident" means a lid or cap that has been sealed
with tamper-evident covers, including, but not limited to, wax
dip or heat shrink wrap.
(b) A cocktail, mixed drink, or single serving of wine
placed in a sealed container by a retail licensee at the retail
licensee's location or a manufacturer's original container may
be transferred and sold for off-premises consumption if the
following requirements are met:
(1) the cocktail, mixed drink, or single serving of
wine is transferred within the licensed premises, by a
curbside pickup, or by delivery by an employee of the
retail licensee who:
(A) has been trained in accordance with Section
6-27.1 at the time of the sale;
(B) is at least 21 years of age; and
(C) upon delivery, verifies the age of the person
to whom the cocktail, mixed drink, or single serving
of wine is being delivered;
(2) if the employee delivering the cocktail, mixed
drink, or single serving of wine is not able to safely
verify a person's age or level of intoxication upon

HB4945 - 126 - LRB103 39311 BDA 69465 b
delivery, the employee shall cancel the sale of alcohol
and return the product to the retail license holder;
(3) the sealed container is placed in the trunk of the
vehicle or if there is no trunk, in the vehicle's rear
compartment that is not readily accessible to the
passenger area;
(4) except for a manufacturer's original container, a
container filled and sealed at a retail licensee's
location shall be affixed with a label or tag that
contains the following information:
(A) the cocktail or mixed drink ingredients, type,
and name of the alcohol;
(B) the name, license number, and address of the
retail licensee that filled the original container and
sold the product;
(C) the volume of the cocktail, mixed drink, or
single serving of wine in the sealed container; and
(D) the sealed container was filled less than 7
days before the date of sale; and
(5) a manufacturer's original container shall be
affixed with a label or tag that contains the name,
license number, and address of the retail licensee that
sold the product.
(c) Third-party delivery services are not permitted to
deliver cocktails and mixed drinks under this Section.
(d) If there is an executive order of the Governor in

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effect during a disaster, the employee delivering the mixed
drink, cocktail, or single serving of wine must comply with
any requirements of that executive order, including, but not
limited to, wearing gloves and a mask and maintaining
distancing requirements when interacting with the public.
(e) Delivery or carry out of a cocktail, mixed drink, or
single serving of wine is prohibited if:
(1) a third party delivers the cocktail or mixed
drink;
(2) a container of a mixed drink, cocktail, or single
serving of wine is not tamper-evident and sealed;
(3) a container of a mixed drink, cocktail, or single
serving of wine is transported in the passenger area of a
vehicle;
(4) a mixed drink, cocktail, or single serving of wine
is delivered by a person under the age of 21 or to a person
who is under the age of 18, or between the ages of 18 and
21 without a parent or guardian present 21; or
(5) the person delivering a mixed drink, cocktail, or
single serving of wine fails to verify the age of the
person to whom the mixed drink or cocktail is being
delivered.
(f) Violations of this Section shall be subject to any
applicable penalties, including, but not limited to, the
penalties specified under Section 11-502 of the Illinois
Vehicle Code.

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(f-5) This Section is not intended to prohibit or preempt
the ability of a brew pub, tap room, or distilling pub to
continue to temporarily deliver alcoholic liquor pursuant to
guidance issued by the State Commission on March 19, 2020
entitled "Illinois Liquor Control Commission, COVID-19 Related
Actions, Guidance on Temporary Delivery of Alcoholic Liquor".
This Section shall only grant authorization to holders of
State of Illinois retail liquor licenses but not to licensees
that simultaneously hold any licensure or privilege to
manufacture alcoholic liquors within or outside of the State
of Illinois.
(g) This Section is not a denial or limitation of home rule
powers and functions under Section 6 of Article VII of the
Illinois Constitution.
(h) This Section is repealed on August 1, 2028.
(Source: P.A. 102-8, eff. 6-2-21; 103-4, eff. 5-31-23.)
(235 ILCS 5/10-1) (from Ch. 43, par. 183)
Sec. 10-1. Violations; penalties. Whereas a substantial
threat to the sound and careful control, regulation, and
taxation of the manufacture, sale, and distribution of
alcoholic liquors exists by virtue of individuals who
manufacture, import, distribute, or sell alcoholic liquors
within the State without having first obtained a valid license
to do so, and whereas such threat is especially serious along
the borders of this State, and whereas such threat requires

HB4945 - 129 - LRB103 39311 BDA 69465 b
immediate correction by this Act, by active investigation and
prosecution by the State Commission, law enforcement
officials, and prosecutors, and by prompt and strict
enforcement through the courts of this State to punish
violators and to deter such conduct in the future:
(a) Any person who manufactures, imports for distribution
or use, transports from outside this State into this State, or
distributes or sells 108 liters (28.53 gallons) or more of
wine, 45 liters (11.88 gallons) or more of distilled spirits,
or 118 liters (31.17 gallons) or more of beer at any place
within the State without having first obtained a valid license
to do so under the provisions of this Act shall be guilty of a
Class 4 felony for each offense. However, any person who was
duly licensed under this Act and whose license expired within
30 days prior to a violation shall be guilty of a business
offense and fined not more than $1,000 for the first such
offense and shall be guilty of a Class 4 felony for each
subsequent offense.
Any person who manufactures, imports for distribution,
transports from outside this State into this State for sale or
resale in this State, or distributes or sells less than 108
liters (28.53 gallons) of wine, less than 45 liters (11.88
gallons) of distilled spirits, or less than 118 liters (31.17
gallons) of beer at any place within the State without having
first obtained a valid license to do so under the provisions of
this Act shall be guilty of a business offense and fined not

HB4945 - 130 - LRB103 39311 BDA 69465 b
more than $1,000 for the first such offense and shall be guilty
of a Class 4 felony for each subsequent offense. This
subsection does not apply to a motor carrier or freight
forwarder, as defined in Section 13102 of Title 49 of the
United States Code, an air carrier, as defined in Section
40102 of Title 49 of the United States Code, or a rail carrier,
as defined in Section 10102 of Title 49 of the United States
Code.
Any person who: (1) has been issued an initial cease and
desist notice from the State Commission; and (2) for
compensation, does any of the following: (i) ships alcoholic
liquor into this State without a license authorized by Section
5-1 issued by the State Commission or in violation of that
license; or (ii) manufactures, imports for distribution,
transports from outside this State into this State for sale or
resale in this State, or distributes or sells alcoholic
liquors at any place without having first obtained a valid
license to do so is guilty of a Class 4 felony for each
offense.
(b) (1) Any retailer, caterer retailer, brew pub, special
event retailer, special use permit holder, homebrewer special
event permit holder, or craft distiller tasting permit holder
who knowingly causes alcoholic liquors to be imported directly
into the State of Illinois from outside of the State for the
purpose of furnishing, giving, or selling to another, except
when having received the product from a duly licensed

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distributor or importing distributor, shall have his license
suspended for 30 days for the first offense and for the second
offense, shall have his license revoked by the Commission.
(2) In the event the State Commission receives a certified
copy of a final order from a foreign jurisdiction that an
Illinois retail licensee has been found to have violated that
foreign jurisdiction's laws, rules, or regulations concerning
the importation of alcoholic liquor into that foreign
jurisdiction, the violation may be grounds for the State
Commission to revoke, suspend, or refuse to issue or renew a
license, to impose a fine, or to take any additional action
provided by this Act with respect to the Illinois retail
license or licensee. Any such action on the part of the State
Commission shall be in accordance with this Act and
implementing rules.
For the purposes of paragraph (2): (i) "foreign
jurisdiction" means a state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth
of Puerto Rico, and (ii) "final order" means an order or
judgment of a court or administrative body that determines the
rights of the parties respecting the subject matter of the
proceeding, that remains in full force and effect, and from
which no appeal can be taken.
(c) Any person who shall make any false statement or
otherwise violates any of the provisions of this Act in
obtaining any license hereunder, or who having obtained a

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license hereunder shall violate any of the provisions of this
Act with respect to the manufacture, possession, distribution
or sale of alcoholic liquor, or with respect to the
maintenance of the licensed premises, or shall violate any
other provision of this Act, shall for a first offense be
guilty of a petty offense and fined not more than $500, and for
a second or subsequent offense shall be guilty of a Class B
misdemeanor.
(c-5) Any owner of an establishment that serves alcohol on
its premises, if more than 50% of the establishment's gross
receipts within the prior 3 months is from the sale of alcohol,
who knowingly fails to prohibit concealed firearms on its
premises or who knowingly makes a false statement or record to
avoid the prohibition of concealed firearms on its premises
under the Firearm Concealed Carry Act shall be guilty of a
business offense with a fine up to $5,000.
(d) Each day any person engages in business as a
manufacturer, foreign importer, importing distributor,
distributor or retailer in violation of the provisions of this
Act shall constitute a separate offense.
(e) Any person, under the age of 18 21 years or between the
ages of 18 and 21 without a parent or guardian present who, for
the purpose of buying, accepting or receiving alcoholic liquor
from a licensee, represents that he is 21 years of age or over,
or between the ages of 18 and 21 and has a parent or guardian
present, shall be guilty of a Class A misdemeanor.

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(f) In addition to the penalties herein provided, any
person licensed as a wine-maker in either class who
manufactures more wine than authorized by his license shall be
guilty of a business offense and shall be fined $1 for each
gallon so manufactured.
(g) A person shall be exempt from prosecution for a
violation of this Act if he is a peace officer in the
enforcement of the criminal laws and such activity is approved
in writing by one of the following:
(1) In all counties, the respective State's Attorney;
(2) The Director of the Illinois State Police under
Section 2605-10, 2605-15, 2605-51, 2605-52, 2605-75,
2605-190, 2605-200, 2605-205, 2605-210, 2605-215,
2605-250, 2605-275, 2605-305, 2605-315, 2605-325,
2605-335, 2605-340, 2605-350, 2605-355, 2605-360,
2605-365, 2605-375, 2605-400, 2605-405, 2605-420,
2605-430, 2605-435, 2605-525, or 2605-550 of the Illinois
State Police Law; or
(3) In cities over 1,000,000, the Superintendent of
Police.
(Source: P.A. 101-37, eff. 7-3-19; 102-538, eff. 8-20-21.)
Section 15. The Innkeeper Protection Act is amended by
changing Sections 10 and 11 as follows:
(740 ILCS 90/10)

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Sec. 10. Refusal of admission. A proprietor or manager of
a hotel may refuse to admit or refuse service or
accommodations to a person who:
(1) while on the premises of the hotel, destroys or
threatens to destroy hotel property or causes or threatens
to cause a public disturbance; or
(2) is seeking accommodations for the unlawful
possession or use of controlled substances or the use of
the premises for the consumption of alcoholic liquor by a
person under the age of 18 or between the ages of 18 and 21
without a parent or guardian present 21.
(Source: P.A. 103-147, eff. 8-29-23.)
(740 ILCS 90/11)
Sec. 11. Right to eject.
(a) A proprietor or manager of a hotel may remove or cause
to be removed from a hotel a guest or other person who:
(1) refuses to pay for accommodations or services;
(2) while on the premises of the hotel, destroys or
threatens to destroy hotel property, verbally or
physically threatens employees or guests, or causes or
threatens to cause a public disturbance;
(3) is using the premises for the unlawful possession
or use of controlled substances by the person or using the
premises for the consumption of alcoholic liquor by a
person under the age of 18 21 years of age or between the

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ages of 18 and 21 without a parent or guardian present;
(4) violates any federal, State, or local laws,
ordinances, or rules relating to the hotel;
(5) violates a rule of the hotel that is clearly and
conspicuously posted at or near the front desk or posted
online where the guest can view it before making a
reservation at the hotel; or
(6) uses verbally abusive language toward the hotel's
employees or guests. As used in this Section, "verbally
abusive language" means any language that would reasonably
be found to be threatening or demeaning.
(b) If the guest has paid in advance, the proprietor or
manager of a hotel shall tender to the guest any unused portion
of the advance payment at the time of removal.
(c) Nothing in this Section shall be used as a pretext to
discriminate against a guest on the basis of characteristics
protected under local, State, or federal antidiscrimination
laws. This Section does not limit any rights or protections
that a guest or other person may have under local, State, or
federal antidiscrimination or civil rights laws.
(d) A proprietor or manager of a hotel shall not eject a
guest while the area the hotel is located in is under a severe
weather warning without first giving a verbal or written
warning to the guest that the guest may be ejected for the
guest's behavior. As used in this subsection, "severe weather
warning" means a tornado warning, severe thunderstorm warning,

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