Bill Text: IL SB0941 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Liquor Control Act of 1934. Changes the definition of "special event retailer" to include the sale or offering of spirits by an educational, fraternal, political, civic, religious, or non-profit organization. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2017-06-09 - Sent to the Governor [SB0941 Detail]

Download: Illinois-2017-SB0941-Enrolled.html



SB0941 EnrolledLRB100 09622 RPS 19790 b
1 AN ACT concerning liquor.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 1-3.17.1 and 5-1 as follows:
6 (235 ILCS 5/1-3.17.1) (from Ch. 43, par. 95.17.1)
7 Sec. 1-3.17.1. "Special event retailer" means an
8educational, fraternal, political, civic, religious, or
9non-profit organization which sells or offers for sale beer,
10spirits, or wine, or any combination thereof both, only for
11consumption at the location and on the dates designated by a
12special event retail license.
13(Source: P.A. 86-404.)
14 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
15 Sec. 5-1. Licenses issued by the Illinois Liquor Control
16Commission shall be of the following classes:
17 (a) Manufacturer's license - Class 1. Distiller, Class 2.
18Rectifier, Class 3. Brewer, Class 4. First Class Wine
19Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
20First Class Winemaker, Class 7. Second Class Winemaker, Class
218. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
2210. Class 1 Brewer, Class 11. Class 2 Brewer,

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1 (b) Distributor's license,
2 (c) Importing Distributor's license,
3 (d) Retailer's license,
4 (e) Special Event Retailer's license (not-for-profit),
5 (f) Railroad license,
6 (g) Boat license,
7 (h) Non-Beverage User's license,
8 (i) Wine-maker's premises license,
9 (j) Airplane license,
10 (k) Foreign importer's license,
11 (l) Broker's license,
12 (m) Non-resident dealer's license,
13 (n) Brew Pub license,
14 (o) Auction liquor license,
15 (p) Caterer retailer license,
16 (q) Special use permit license,
17 (r) Winery shipper's license,
18 (s) Craft distiller tasting permit.
19 No person, firm, partnership, corporation, or other legal
20business entity that is engaged in the manufacturing of wine
21may concurrently obtain and hold a wine-maker's license and a
22wine manufacturer's license.
23 (a) A manufacturer's license shall allow the manufacture,
24importation in bulk, storage, distribution and sale of
25alcoholic liquor to persons without the State, as may be
26permitted by law and to licensees in this State as follows:

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1 Class 1. A Distiller may make sales and deliveries of
2alcoholic liquor to distillers, rectifiers, importing
3distributors, distributors and non-beverage users and to no
4other licensees.
5 Class 2. A Rectifier, who is not a distiller, as defined
6herein, may make sales and deliveries of alcoholic liquor to
7rectifiers, importing distributors, distributors, retailers
8and non-beverage users and to no other licensees.
9 Class 3. A Brewer may make sales and deliveries of beer to
10importing distributors and distributors and may make sales as
11authorized under subsection (e) of Section 6-4 of this Act.
12 Class 4. A first class wine-manufacturer may make sales and
13deliveries of up to 50,000 gallons of wine to manufacturers,
14importing distributors and distributors, and to no other
15licensees.
16 Class 5. A second class Wine manufacturer may make sales
17and deliveries of more than 50,000 gallons of wine to
18manufacturers, importing distributors and distributors and to
19no other licensees.
20 Class 6. A first-class wine-maker's license shall allow the
21manufacture of up to 50,000 gallons of wine per year, and the
22storage and sale of such wine to distributors in the State and
23to persons without the State, as may be permitted by law. A
24person who, prior to June 1, 2008 (the effective date of Public
25Act 95-634), is a holder of a first-class wine-maker's license
26and annually produces more than 25,000 gallons of its own wine

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1and who distributes its wine to licensed retailers shall cease
2this practice on or before July 1, 2008 in compliance with
3Public Act 95-634.
4 Class 7. A second-class wine-maker's license shall allow
5the manufacture of between 50,000 and 150,000 gallons of wine
6per year, and the storage and sale of such wine to distributors
7in this State and to persons without the State, as may be
8permitted by law. A person who, prior to June 1, 2008 (the
9effective date of Public Act 95-634), is a holder of a
10second-class wine-maker's license and annually produces more
11than 25,000 gallons of its own wine and who distributes its
12wine to licensed retailers shall cease this practice on or
13before July 1, 2008 in compliance with Public Act 95-634.
14 Class 8. A limited wine-manufacturer may make sales and
15deliveries not to exceed 40,000 gallons of wine per year to
16distributors, and to non-licensees in accordance with the
17provisions of this Act.
18 Class 9. A craft distiller license shall allow the
19manufacture of up to 100,000 March 1, 2013 (Public Act 97-1166)
20gallons of spirits by distillation per year and the storage of
21such spirits. If a craft distiller licensee, including a craft
22distiller licensee who holds more than one craft distiller
23license, is not affiliated with any other manufacturer of
24spirits, then the craft distiller licensee may sell such
25spirits to distributors in this State and up to 2,500 gallons
26of such spirits to non-licensees to the extent permitted by any

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1exemption approved by the Commission pursuant to Section 6-4 of
2this Act. A craft distiller license holder may store such
3spirits at a non-contiguous licensed location, but at no time
4shall a craft distiller license holder directly or indirectly
5produce in the aggregate more than 100,000 gallons of spirits
6per year.
7 A craft distiller licensee may hold more than one craft
8distiller's license. However, a craft distiller that holds more
9than one craft distiller license shall not manufacture, in the
10aggregate, more than 100,000 gallons of spirits by distillation
11per year and shall not sell, in the aggregate, more than 2,500
12gallons of such spirits to non-licensees in accordance with an
13exemption approved by the State Commission pursuant to Section
146-4 of this Act.
15 Any craft distiller licensed under this Act who on July 28,
162010 (the effective date of Public Act 96-1367) was licensed as
17a distiller and manufactured no more spirits than permitted by
18this Section shall not be required to pay the initial licensing
19fee.
20 Class 10. A class 1 brewer license, which may only be
21issued to a licensed brewer or licensed non-resident dealer,
22shall allow the manufacture of up to 930,000 gallons of beer
23per year provided that the class 1 brewer licensee does not
24manufacture more than a combined 930,000 gallons of beer per
25year and is not a member of or affiliated with, directly or
26indirectly, a manufacturer that produces more than 930,000

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1gallons of beer per year or any other alcoholic liquor. A class
21 brewer licensee may make sales and deliveries to importing
3distributors and distributors and to retail licensees in
4accordance with the conditions set forth in paragraph (18) of
5subsection (a) of Section 3-12 of this Act.
6 Class 11. A class 2 brewer license, which may only be
7issued to a licensed brewer or licensed non-resident dealer,
8shall allow the manufacture of up to 3,720,000 gallons of beer
9per year provided that the class 2 brewer licensee does not
10manufacture more than a combined 3,720,000 gallons of beer per
11year and is not a member of or affiliated with, directly or
12indirectly, a manufacturer that produces more than 3,720,000
13gallons of beer per year or any other alcoholic liquor. A class
142 brewer licensee may make sales and deliveries to importing
15distributors and distributors, but shall not make sales or
16deliveries to any other licensee. If the State Commission
17provides prior approval, a class 2 brewer licensee may annually
18transfer up to 3,720,000 gallons of beer manufactured by that
19class 2 brewer licensee to the premises of a licensed class 2
20brewer wholly owned and operated by the same licensee.
21 (a-1) A manufacturer which is licensed in this State to
22make sales or deliveries of alcoholic liquor to licensed
23distributors or importing distributors and which enlists
24agents, representatives, or individuals acting on its behalf
25who contact licensed retailers on a regular and continual basis
26in this State must register those agents, representatives, or

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1persons acting on its behalf with the State Commission.
2 Registration of agents, representatives, or persons acting
3on behalf of a manufacturer is fulfilled by submitting a form
4to the Commission. The form shall be developed by the
5Commission and shall include the name and address of the
6applicant, the name and address of the manufacturer he or she
7represents, the territory or areas assigned to sell to or
8discuss pricing terms of alcoholic liquor, and any other
9questions deemed appropriate and necessary. All statements in
10the forms required to be made by law or by rule shall be deemed
11material, and any person who knowingly misstates any material
12fact under oath in an application is guilty of a Class B
13misdemeanor. Fraud, misrepresentation, false statements,
14misleading statements, evasions, or suppression of material
15facts in the securing of a registration are grounds for
16suspension or revocation of the registration. The State
17Commission shall post a list of registered agents on the
18Commission's website.
19 (b) A distributor's license shall allow the wholesale
20purchase and storage of alcoholic liquors and sale of alcoholic
21liquors to licensees in this State and to persons without the
22State, as may be permitted by law. No person licensed as a
23distributor shall be granted a non-resident dealer's license.
24 (c) An importing distributor's license may be issued to and
25held by those only who are duly licensed distributors, upon the
26filing of an application by a duly licensed distributor, with

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1the Commission and the Commission shall, without the payment of
2any fee, immediately issue such importing distributor's
3license to the applicant, which shall allow the importation of
4alcoholic liquor by the licensee into this State from any point
5in the United States outside this State, and the purchase of
6alcoholic liquor in barrels, casks or other bulk containers and
7the bottling of such alcoholic liquors before resale thereof,
8but all bottles or containers so filled shall be sealed,
9labeled, stamped and otherwise made to comply with all
10provisions, rules and regulations governing manufacturers in
11the preparation and bottling of alcoholic liquors. The
12importing distributor's license shall permit such licensee to
13purchase alcoholic liquor from Illinois licensed non-resident
14dealers and foreign importers only. No person licensed as an
15importing distributor shall be granted a non-resident dealer's
16license.
17 (d) A retailer's license shall allow the licensee to sell
18and offer for sale at retail, only in the premises specified in
19the license, alcoholic liquor for use or consumption, but not
20for resale in any form. Nothing in Public Act 95-634 shall
21deny, limit, remove, or restrict the ability of a holder of a
22retailer's license to transfer, deliver, or ship alcoholic
23liquor to the purchaser for use or consumption subject to any
24applicable local law or ordinance. Any retail license issued to
25a manufacturer shall only permit the manufacturer to sell beer
26at retail on the premises actually occupied by the

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1manufacturer. For the purpose of further describing the type of
2business conducted at a retail licensed premises, a retailer's
3licensee may be designated by the State Commission as (i) an on
4premise consumption retailer, (ii) an off premise sale
5retailer, or (iii) a combined on premise consumption and off
6premise sale retailer.
7 Notwithstanding any other provision of this subsection
8(d), a retail licensee may sell alcoholic liquors to a special
9event retailer licensee for resale to the extent permitted
10under subsection (e).
11 (e) A special event retailer's license (not-for-profit)
12shall permit the licensee to purchase alcoholic liquors from an
13Illinois licensed distributor (unless the licensee purchases
14less than $500 of alcoholic liquors for the special event, in
15which case the licensee may purchase the alcoholic liquors from
16a licensed retailer) and shall allow the licensee to sell and
17offer for sale, at retail, alcoholic liquors for use or
18consumption, but not for resale in any form and only at the
19location and on the specific dates designated for the special
20event in the license. An applicant for a special event retailer
21license must (i) furnish with the application: (A) a resale
22number issued under Section 2c of the Retailers' Occupation Tax
23Act or evidence that the applicant is registered under Section
242a of the Retailers' Occupation Tax Act, (B) a current, valid
25exemption identification number issued under Section 1g of the
26Retailers' Occupation Tax Act, and a certification to the

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1Commission that the purchase of alcoholic liquors will be a
2tax-exempt purchase, or (C) a statement that the applicant is
3not registered under Section 2a of the Retailers' Occupation
4Tax Act, does not hold a resale number under Section 2c of the
5Retailers' Occupation Tax Act, and does not hold an exemption
6number under Section 1g of the Retailers' Occupation Tax Act,
7in which event the Commission shall set forth on the special
8event retailer's license a statement to that effect; (ii)
9submit with the application proof satisfactory to the State
10Commission that the applicant will provide dram shop liability
11insurance in the maximum limits; and (iii) show proof
12satisfactory to the State Commission that the applicant has
13obtained local authority approval.
14 (f) A railroad license shall permit the licensee to import
15alcoholic liquors into this State from any point in the United
16States outside this State and to store such alcoholic liquors
17in this State; to make wholesale purchases of alcoholic liquors
18directly from manufacturers, foreign importers, distributors
19and importing distributors from within or outside this State;
20and to store such alcoholic liquors in this State; provided
21that the above powers may be exercised only in connection with
22the importation, purchase or storage of alcoholic liquors to be
23sold or dispensed on a club, buffet, lounge or dining car
24operated on an electric, gas or steam railway in this State;
25and provided further, that railroad licensees exercising the
26above powers shall be subject to all provisions of Article VIII

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1of this Act as applied to importing distributors. A railroad
2license shall also permit the licensee to sell or dispense
3alcoholic liquors on any club, buffet, lounge or dining car
4operated on an electric, gas or steam railway regularly
5operated by a common carrier in this State, but shall not
6permit the sale for resale of any alcoholic liquors to any
7licensee within this State. A license shall be obtained for
8each car in which such sales are made.
9 (g) A boat license shall allow the sale of alcoholic liquor
10in individual drinks, on any passenger boat regularly operated
11as a common carrier on navigable waters in this State or on any
12riverboat operated under the Riverboat Gambling Act, which boat
13or riverboat maintains a public dining room or restaurant
14thereon.
15 (h) A non-beverage user's license shall allow the licensee
16to purchase alcoholic liquor from a licensed manufacturer or
17importing distributor, without the imposition of any tax upon
18the business of such licensed manufacturer or importing
19distributor as to such alcoholic liquor to be used by such
20licensee solely for the non-beverage purposes set forth in
21subsection (a) of Section 8-1 of this Act, and such licenses
22shall be divided and classified and shall permit the purchase,
23possession and use of limited and stated quantities of
24alcoholic liquor as follows:
25Class 1, not to exceed ......................... 500 gallons
26Class 2, not to exceed ....................... 1,000 gallons

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1Class 3, not to exceed ....................... 5,000 gallons
2Class 4, not to exceed ...................... 10,000 gallons
3Class 5, not to exceed ....................... 50,000 gallons
4 (i) A wine-maker's premises license shall allow a licensee
5that concurrently holds a first-class wine-maker's license to
6sell and offer for sale at retail in the premises specified in
7such license not more than 50,000 gallons of the first-class
8wine-maker's wine that is made at the first-class wine-maker's
9licensed premises per year for use or consumption, but not for
10resale in any form. A wine-maker's premises license shall allow
11a licensee who concurrently holds a second-class wine-maker's
12license to sell and offer for sale at retail in the premises
13specified in such license up to 100,000 gallons of the
14second-class wine-maker's wine that is made at the second-class
15wine-maker's licensed premises per year for use or consumption
16but not for resale in any form. A wine-maker's premises license
17shall allow a licensee that concurrently holds a first-class
18wine-maker's license or a second-class wine-maker's license to
19sell and offer for sale at retail at the premises specified in
20the wine-maker's premises license, for use or consumption but
21not for resale in any form, any beer, wine, and spirits
22purchased from a licensed distributor. Upon approval from the
23State Commission, a wine-maker's premises license shall allow
24the licensee to sell and offer for sale at (i) the wine-maker's
25licensed premises and (ii) at up to 2 additional locations for
26use and consumption and not for resale. Each location shall

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1require additional licensing per location as specified in
2Section 5-3 of this Act. A wine-maker's premises licensee shall
3secure liquor liability insurance coverage in an amount at
4least equal to the maximum liability amounts set forth in
5subsection (a) of Section 6-21 of this Act.
6 (j) An airplane license shall permit the licensee to import
7alcoholic liquors into this State from any point in the United
8States outside this State and to store such alcoholic liquors
9in this State; to make wholesale purchases of alcoholic liquors
10directly from manufacturers, foreign importers, distributors
11and importing distributors from within or outside this State;
12and to store such alcoholic liquors in this State; provided
13that the above powers may be exercised only in connection with
14the importation, purchase or storage of alcoholic liquors to be
15sold or dispensed on an airplane; and provided further, that
16airplane licensees exercising the above powers shall be subject
17to all provisions of Article VIII of this Act as applied to
18importing distributors. An airplane licensee shall also permit
19the sale or dispensing of alcoholic liquors on any passenger
20airplane regularly operated by a common carrier in this State,
21but shall not permit the sale for resale of any alcoholic
22liquors to any licensee within this State. A single airplane
23license shall be required of an airline company if liquor
24service is provided on board aircraft in this State. The annual
25fee for such license shall be as determined in Section 5-3.
26 (k) A foreign importer's license shall permit such licensee

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1to purchase alcoholic liquor from Illinois licensed
2non-resident dealers only, and to import alcoholic liquor other
3than in bulk from any point outside the United States and to
4sell such alcoholic liquor to Illinois licensed importing
5distributors and to no one else in Illinois; provided that (i)
6the foreign importer registers with the State Commission every
7brand of alcoholic liquor that it proposes to sell to Illinois
8licensees during the license period, (ii) the foreign importer
9complies with all of the provisions of Section 6-9 of this Act
10with respect to registration of such Illinois licensees as may
11be granted the right to sell such brands at wholesale, and
12(iii) the foreign importer complies with the provisions of
13Sections 6-5 and 6-6 of this Act to the same extent that these
14provisions apply to manufacturers.
15 (l) (i) A broker's license shall be required of all persons
16who solicit orders for, offer to sell or offer to supply
17alcoholic liquor to retailers in the State of Illinois, or who
18offer to retailers to ship or cause to be shipped or to make
19contact with distillers, rectifiers, brewers or manufacturers
20or any other party within or without the State of Illinois in
21order that alcoholic liquors be shipped to a distributor,
22importing distributor or foreign importer, whether such
23solicitation or offer is consummated within or without the
24State of Illinois.
25 No holder of a retailer's license issued by the Illinois
26Liquor Control Commission shall purchase or receive any

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1alcoholic liquor, the order for which was solicited or offered
2for sale to such retailer by a broker unless the broker is the
3holder of a valid broker's license.
4 The broker shall, upon the acceptance by a retailer of the
5broker's solicitation of an order or offer to sell or supply or
6deliver or have delivered alcoholic liquors, promptly forward
7to the Illinois Liquor Control Commission a notification of
8said transaction in such form as the Commission may by
9regulations prescribe.
10 (ii) A broker's license shall be required of a person
11within this State, other than a retail licensee, who, for a fee
12or commission, promotes, solicits, or accepts orders for
13alcoholic liquor, for use or consumption and not for resale, to
14be shipped from this State and delivered to residents outside
15of this State by an express company, common carrier, or
16contract carrier. This Section does not apply to any person who
17promotes, solicits, or accepts orders for wine as specifically
18authorized in Section 6-29 of this Act.
19 A broker's license under this subsection (l) shall not
20entitle the holder to buy or sell any alcoholic liquors for his
21own account or to take or deliver title to such alcoholic
22liquors.
23 This subsection (l) shall not apply to distributors,
24employees of distributors, or employees of a manufacturer who
25has registered the trademark, brand or name of the alcoholic
26liquor pursuant to Section 6-9 of this Act, and who regularly

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1sells such alcoholic liquor in the State of Illinois only to
2its registrants thereunder.
3 Any agent, representative, or person subject to
4registration pursuant to subsection (a-1) of this Section shall
5not be eligible to receive a broker's license.
6 (m) A non-resident dealer's license shall permit such
7licensee to ship into and warehouse alcoholic liquor into this
8State from any point outside of this State, and to sell such
9alcoholic liquor to Illinois licensed foreign importers and
10importing distributors and to no one else in this State;
11provided that (i) said non-resident dealer shall register with
12the Illinois Liquor Control Commission each and every brand of
13alcoholic liquor which it proposes to sell to Illinois
14licensees during the license period, (ii) it shall comply with
15all of the provisions of Section 6-9 hereof with respect to
16registration of such Illinois licensees as may be granted the
17right to sell such brands at wholesale, and (iii) the
18non-resident dealer shall comply with the provisions of
19Sections 6-5 and 6-6 of this Act to the same extent that these
20provisions apply to manufacturers. No person licensed as a
21non-resident dealer shall be granted a distributor's or
22importing distributor's license.
23 (n) A brew pub license shall allow the licensee to only (i)
24manufacture up to 155,000 gallons of beer per year only on the
25premises specified in the license, (ii) make sales of the beer
26manufactured on the premises or, with the approval of the

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1Commission, beer manufactured on another brew pub licensed
2premises that is wholly owned and operated by the same licensee
3to importing distributors, distributors, and to non-licensees
4for use and consumption, (iii) store the beer upon the
5premises, (iv) sell and offer for sale at retail from the
6licensed premises for off-premises consumption no more than
7155,000 gallons per year so long as such sales are only made
8in-person, (v) sell and offer for sale at retail for use and
9consumption on the premises specified in the license any form
10of alcoholic liquor purchased from a licensed distributor or
11importing distributor, and (vi) with the prior approval of the
12Commission, annually transfer no more than 155,000 gallons of
13beer manufactured on the premises to a licensed brew pub wholly
14owned and operated by the same licensee.
15 A brew pub licensee shall not under any circumstance sell
16or offer for sale beer manufactured by the brew pub licensee to
17retail licensees.
18 A person who holds a class 2 brewer license may
19simultaneously hold a brew pub license if the class 2 brewer
20(i) does not, under any circumstance, sell or offer for sale
21beer manufactured by the class 2 brewer to retail licensees;
22(ii) does not hold more than 3 brew pub licenses in this State;
23(iii) does not manufacture more than a combined 3,720,000
24gallons of beer per year, including the beer manufactured at
25the brew pub; and (iv) is not a member of or affiliated with,
26directly or indirectly, a manufacturer that produces more than

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13,720,000 gallons of beer per year or any other alcoholic
2liquor.
3 Notwithstanding any other provision of this Act, a licensed
4brewer, class 2 brewer, or non-resident dealer who before July
51, 2015 manufactured less than 3,720,000 gallons of beer per
6year and held a brew pub license on or before July 1, 2015 may
7(i) continue to qualify for and hold that brew pub license for
8the licensed premises and (ii) manufacture more than 3,720,000
9gallons of beer per year and continue to qualify for and hold
10that brew pub license if that brewer, class 2 brewer, or
11non-resident dealer does not simultaneously hold a class 1
12brewer license and is not a member of or affiliated with,
13directly or indirectly, a manufacturer that produces more than
143,720,000 gallons of beer per year or that produces any other
15alcoholic liquor.
16 (o) A caterer retailer license shall allow the holder to
17serve alcoholic liquors as an incidental part of a food service
18that serves prepared meals which excludes the serving of snacks
19as the primary meal, either on or off-site whether licensed or
20unlicensed.
21 (p) An auction liquor license shall allow the licensee to
22sell and offer for sale at auction wine and spirits for use or
23consumption, or for resale by an Illinois liquor licensee in
24accordance with provisions of this Act. An auction liquor
25license will be issued to a person and it will permit the
26auction liquor licensee to hold the auction anywhere in the

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

SB0941 Enrolled- 20 -LRB100 09622 RPS 19790 b
1licensed as a manufacturer of wine. An applicant for a winery
2shipper's license must also complete an application form that
3provides any other information the Commission deems necessary.
4The application form shall include all addresses from which the
5applicant for a winery shipper's license intends to ship wine,
6including the name and address of any third party, except for a
7common carrier, authorized to ship wine on behalf of the
8manufacturer. The application form shall include an
9acknowledgement consenting to the jurisdiction of the
10Commission, the Illinois Department of Revenue, and the courts
11of this State concerning the enforcement of this Act and any
12related laws, rules, and regulations, including authorizing
13the Department of Revenue and the Commission to conduct audits
14for the purpose of ensuring compliance with Public Act 95-634,
15and an acknowledgement that the wine manufacturer is in
16compliance with Section 6-2 of this Act. Any third party,
17except for a common carrier, authorized to ship wine on behalf
18of a first-class or second-class wine manufacturer's licensee,
19a first-class or second-class wine-maker's licensee, a limited
20wine manufacturer's licensee, or a person who is licensed to
21make wine under the laws of another state shall also be
22disclosed by the winery shipper's licensee, and a copy of the
23written appointment of the third-party wine provider, except
24for a common carrier, to the wine manufacturer shall be filed
25with the State Commission as a supplement to the winery
26shipper's license application or any renewal thereof. The

SB0941 Enrolled- 21 -LRB100 09622 RPS 19790 b
1winery shipper's license holder shall affirm under penalty of
2perjury, as part of the winery shipper's license application or
3renewal, that he or she only ships wine, either directly or
4indirectly through a third-party provider, from the licensee's
5own production.
6 Except for a common carrier, a third-party provider
7shipping wine on behalf of a winery shipper's license holder is
8the agent of the winery shipper's license holder and, as such,
9a winery shipper's license holder is responsible for the acts
10and omissions of the third-party provider acting on behalf of
11the license holder. A third-party provider, except for a common
12carrier, that engages in shipping wine into Illinois on behalf
13of a winery shipper's license holder shall consent to the
14jurisdiction of the State Commission and the State. Any
15third-party, except for a common carrier, holding such an
16appointment shall, by February 1 of each calendar year and upon
17request by the State Commission or the Department of Revenue,
18file with the State Commission a statement detailing each
19shipment made to an Illinois resident. The statement shall
20include the name and address of the third-party provider filing
21the statement, the time period covered by the statement, and
22the following information:
23 (1) the name, address, and license number of the winery
24 shipper on whose behalf the shipment was made;
25 (2) the quantity of the products delivered; and
26 (3) the date and address of the shipment.

SB0941 Enrolled- 22 -LRB100 09622 RPS 19790 b
1If the Department of Revenue or the State Commission requests a
2statement under this paragraph, the third-party provider must
3provide that statement no later than 30 days after the request
4is made. Any books, records, supporting papers, and documents
5containing information and data relating to a statement under
6this paragraph shall be kept and preserved for a period of 3
7years, unless their destruction sooner is authorized, in
8writing, by the Director of Revenue, and shall be open and
9available to inspection by the Director of Revenue or the State
10Commission or any duly authorized officer, agent, or employee
11of the State Commission or the Department of Revenue, at all
12times during business hours of the day. Any person who violates
13any provision of this paragraph or any rule of the State
14Commission for the administration and enforcement of the
15provisions of this paragraph is guilty of a Class C
16misdemeanor. In case of a continuing violation, each day's
17continuance thereof shall be a separate and distinct offense.
18 The State Commission shall adopt rules as soon as
19practicable to implement the requirements of Public Act 99-904
20this amendatory Act of the 99th General Assembly and shall
21adopt rules prohibiting any such third-party appointment of a
22third-party provider, except for a common carrier, that has
23been deemed by the State Commission to have violated the
24provisions of this Act with regard to any winery shipper
25licensee.
26 A winery shipper licensee must pay to the Department of

SB0941 Enrolled- 23 -LRB100 09622 RPS 19790 b
1Revenue the State liquor gallonage tax under Section 8-1 for
2all wine that is sold by the licensee and shipped to a person
3in this State. For the purposes of Section 8-1, a winery
4shipper licensee shall be taxed in the same manner as a
5manufacturer of wine. A licensee who is not otherwise required
6to register under the Retailers' Occupation Tax Act must
7register under the Use Tax Act to collect and remit use tax to
8the Department of Revenue for all gallons of wine that are sold
9by the licensee and shipped to persons in this State. If a
10licensee fails to remit the tax imposed under this Act in
11accordance with the provisions of Article VIII of this Act, the
12winery shipper's license shall be revoked in accordance with
13the provisions of Article VII of this Act. If a licensee fails
14to properly register and remit tax under the Use Tax Act or the
15Retailers' Occupation Tax Act for all wine that is sold by the
16winery shipper and shipped to persons in this State, the winery
17shipper's license shall be revoked in accordance with the
18provisions of Article VII of this Act.
19 A winery shipper licensee must collect, maintain, and
20submit to the Commission on a semi-annual basis the total
21number of cases per resident of wine shipped to residents of
22this State. A winery shipper licensed under this subsection (r)
23must comply with the requirements of Section 6-29 of this Act.
24 Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
25Section 3-12, the State Commission may receive, respond to, and
26investigate any complaint and impose any of the remedies

SB0941 Enrolled- 24 -LRB100 09622 RPS 19790 b
1specified in paragraph (1) of subsection (a) of Section 3-12.
2 As used in this subsection, "third-party provider" means
3any entity that provides fulfillment house services, including
4warehousing, packaging, distribution, order processing, or
5shipment of wine, but not the sale of wine, on behalf of a
6licensed winery shipper.
7 (s) A craft distiller tasting permit license shall allow an
8Illinois licensed craft distiller to transfer a portion of its
9alcoholic liquor inventory from its craft distiller licensed
10premises to the premises specified in the license hereby
11created and to conduct a sampling, only in the premises
12specified in the license hereby created, of the transferred
13alcoholic liquor in accordance with subsection (c) of Section
146-31 of this Act. The transferred alcoholic liquor may not be
15sold or resold in any form. An applicant for the craft
16distiller tasting permit license must also submit with the
17application proof satisfactory to the State Commission that the
18applicant will provide dram shop liability insurance to the
19maximum limits and have local authority approval.
20(Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13;
2198-756, eff. 7-16-14; 99-448, eff. 8-24-15; 99-642, eff.
227-28-16; 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904,
23eff. 1-1-17; revised 9-15-16.)
24 Section 99. Effective date. This Act takes effect upon
25becoming law.
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