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| | SB1001 Enrolled | | LRB102 04809 RPS 14828 b |
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1 | | AN ACT concerning liquor.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Liquor Control Act of 1934 is amended by |
5 | | changing Sections 5-1 and 5-3 as follows:
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6 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) |
7 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control |
8 | | Commission
shall be of the following classes: |
9 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. |
10 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
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11 | | Manufacturer, Class 5. Second Class Wine Manufacturer, Class |
12 | | 6. First Class Winemaker, Class 7. Second Class Winemaker, |
13 | | Class 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, |
14 | | Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft |
15 | | Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer, |
16 | | Class 14. Class 3 Brewer, |
17 | | (b) Distributor's license, |
18 | | (c) Importing Distributor's license, |
19 | | (d) Retailer's license, |
20 | | (e) Special Event Retailer's license (not-for-profit), |
21 | | (f) Railroad license, |
22 | | (g) Boat license, |
23 | | (h) Non-Beverage User's license, |
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1 | | (i) Wine-maker's premises license, |
2 | | (j) Airplane license, |
3 | | (k) Foreign importer's license, |
4 | | (l) Broker's license, |
5 | | (m) Non-resident dealer's
license, |
6 | | (n) Brew Pub license, |
7 | | (o) Auction liquor license, |
8 | | (p) Caterer retailer license, |
9 | | (q) Special use permit license, |
10 | | (r) Winery shipper's license, |
11 | | (s) Craft distiller tasting permit, |
12 | | (t) Brewer warehouse permit, |
13 | | (u) Distilling pub license, |
14 | | (v) Craft distiller warehouse permit, |
15 | | (w) Beer showcase permit. |
16 | | No
person, firm, partnership, corporation, or other legal |
17 | | business entity that is
engaged in the manufacturing of wine |
18 | | may concurrently obtain and hold a
wine-maker's license and a |
19 | | wine manufacturer's license. |
20 | | (a) A manufacturer's license shall allow the manufacture,
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21 | | importation in bulk, storage, distribution and sale of |
22 | | alcoholic liquor
to persons without the State, as may be |
23 | | permitted by law and to licensees
in this State as follows: |
24 | | Class 1. A Distiller may make sales and deliveries of |
25 | | alcoholic liquor to
distillers, rectifiers, importing |
26 | | distributors, distributors and
non-beverage users and to no |
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1 | | other licensees. |
2 | | Class 2. A Rectifier, who is not a distiller, as defined |
3 | | herein, may make
sales and deliveries of alcoholic liquor to |
4 | | rectifiers, importing distributors,
distributors, retailers |
5 | | and non-beverage users and to no other licensees. |
6 | | Class 3. A Brewer may make sales and deliveries of beer to |
7 | | importing
distributors and distributors and may make sales as |
8 | | authorized under subsection (e) of Section 6-4 of this Act, |
9 | | including any alcoholic liquor that subsection (e) of Section |
10 | | 6-4 authorizes a brewer to sell in its original package only to |
11 | | a non-licensee for pick-up by a non-licensee either within the |
12 | | interior of the brewery premises or at outside of the brewery |
13 | | premises at a curb-side or parking lot adjacent to the brewery |
14 | | premises, subject to any local ordinance. |
15 | | Class 4. A first class wine-manufacturer may make sales |
16 | | and deliveries of
up to 50,000 gallons of wine to |
17 | | manufacturers,
importing
distributors and distributors, and to |
18 | | no other licensees. If a first-class wine-manufacturer |
19 | | manufactures beer, it shall also obtain and shall only be |
20 | | eligible for, in addition to any current license, a class 1 |
21 | | brewer license, shall not manufacture more than 930,000 |
22 | | gallons of beer per year, and shall not be a member of or |
23 | | affiliated with, directly or indirectly, a manufacturer that |
24 | | produces more than 930,000 gallons of beer per year. If the |
25 | | first-class wine-manufacturer manufactures spirits, it shall |
26 | | also obtain and shall only be eligible for, in addition to any |
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1 | | current license, a class 1 craft distiller license, shall not |
2 | | manufacture more than 50,000 gallons of spirits per year, and |
3 | | shall not be a member of or affiliated with, directly or |
4 | | indirectly, a manufacturer that produces more than 50,000 |
5 | | gallons of spirits per year. A first-class wine-manufacturer |
6 | | shall be permitted to sell wine manufactured at the |
7 | | first-class wine-manufacturer premises to non-licensees. |
8 | | Class 5. A second class Wine manufacturer may make sales |
9 | | and deliveries
of more than 50,000 gallons of wine to |
10 | | manufacturers, importing distributors
and distributors and to |
11 | | no other licensees. |
12 | | Class 6. A first-class wine-maker's license shall allow |
13 | | the manufacture
of up to 50,000 gallons of wine per year, and |
14 | | the
storage
and sale of such
wine to distributors in the State |
15 | | and to persons without the
State, as may be permitted by law. A |
16 | | person who, prior to June 1, 2008 (the effective date of Public |
17 | | Act 95-634), is a holder of a first-class wine-maker's license |
18 | | and annually produces more than 25,000 gallons of its own wine |
19 | | and who distributes its wine to licensed retailers shall cease |
20 | | this practice on or before July 1, 2008 in compliance with |
21 | | Public Act 95-634. If a first-class wine-maker manufactures |
22 | | beer, it shall also obtain and shall only be eligible for, in |
23 | | addition to any current license, a class 1 brewer license, |
24 | | shall not manufacture more than 930,000 gallons of beer per |
25 | | year, and shall not be a member of or affiliated with, directly |
26 | | or indirectly, a manufacturer that produces more than 930,000 |
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1 | | gallons of beer per year. If the first-class wine-maker |
2 | | manufactures spirits, it shall also obtain and shall only be |
3 | | eligible for, in addition to any current license, a class 1 |
4 | | craft distiller license, shall not manufacture more than |
5 | | 50,000 gallons of spirits per year, and shall not be a member |
6 | | of or affiliated with, directly or indirectly, a manufacturer |
7 | | that produces more than 50,000 gallons of spirits per year. A |
8 | | first-class wine-maker holding a class 1 brewer license or a |
9 | | class 1 craft distiller license shall not be eligible for a |
10 | | wine-maker's premises license but shall be permitted to sell |
11 | | wine manufactured at the first-class wine-maker premises to |
12 | | non-licensees. |
13 | | Class 7. A second-class wine-maker's license shall allow |
14 | | the manufacture
of up to 150,000 gallons of wine per year, and
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15 | | the
storage and sale of such wine
to distributors in this State |
16 | | and to persons without the State, as may be
permitted by law. A |
17 | | person who, prior to June 1, 2008 (the effective date of Public |
18 | | Act 95-634), is a holder of a second-class wine-maker's |
19 | | license and annually produces more than 25,000 gallons of its |
20 | | own wine and who distributes its wine to licensed retailers |
21 | | shall cease this practice on or before July 1, 2008 in |
22 | | compliance with Public Act 95-634. If a second-class |
23 | | wine-maker manufactures beer, it shall also obtain and shall |
24 | | only be eligible for, in addition to any current license, a |
25 | | class 2 brewer license, shall not manufacture more than |
26 | | 3,720,000 gallons of beer per year, and shall not be a member |
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1 | | of or affiliated with, directly or indirectly, a manufacturer |
2 | | that produces more than 3,720,000 gallons of beer per year. If |
3 | | a second-class wine-maker manufactures spirits, it shall also |
4 | | obtain and shall only be eligible for, in addition to any |
5 | | current license, a class 2 craft distiller license, shall not |
6 | | manufacture more than 100,000 gallons of spirits per year, and |
7 | | shall not be a member of or affiliated with, directly or |
8 | | indirectly, a manufacturer that produces more than 100,000 |
9 | | gallons of spirits per year. |
10 | | Class 8. A limited wine-manufacturer may make sales and |
11 | | deliveries not to
exceed 40,000 gallons of wine per year to |
12 | | distributors, and to
non-licensees in accordance with the |
13 | | provisions of this Act. |
14 | | Class 9. A craft distiller license, which may only be held |
15 | | by a class 1 craft distiller licensee or class 2 craft |
16 | | distiller licensee but not held by both a class 1 craft |
17 | | distiller licensee and a class 2 craft distiller licensee, |
18 | | shall grant all rights conveyed by either: (i) a class 1 craft |
19 | | distiller license if the craft distiller holds a class 1 craft |
20 | | distiller license; or (ii) a class 2 craft distiller licensee |
21 | | if the craft distiller holds a class 2 craft distiller |
22 | | license. |
23 | | Class 10. A class 1 craft distiller license, which may |
24 | | only be issued to a licensed craft distiller or licensed |
25 | | non-resident dealer, shall allow the manufacture of up to |
26 | | 50,000 gallons of spirits per year provided that the class 1 |
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1 | | craft distiller licensee does not manufacture more than a |
2 | | combined 50,000 gallons of spirits per year and is not a member |
3 | | of or affiliated with, directly or indirectly, a manufacturer |
4 | | that produces more than 50,000 gallons of spirits per year. If |
5 | | a class 1 craft distiller manufactures beer, it shall also |
6 | | obtain and shall only be eligible for, in addition to any |
7 | | current license, a class 1 brewer license, shall not |
8 | | manufacture more than 930,000 gallons of beer per year, and |
9 | | shall not be a member of or affiliated with, directly or |
10 | | indirectly, a manufacturer that produces more than 930,000 |
11 | | gallons of beer per year. If a class 1 craft distiller |
12 | | manufactures wine, it shall also obtain and shall only be |
13 | | eligible for, in addition to any current license, a |
14 | | first-class wine-manufacturer license or a first-class |
15 | | wine-maker's license, shall not manufacture more than 50,000 |
16 | | gallons of wine per year, and shall not be a member of or |
17 | | affiliated with, directly or indirectly, a manufacturer that |
18 | | produces more than 50,000 gallons of wine per year. A class 1 |
19 | | craft distiller licensee may make sales and deliveries to |
20 | | importing distributors and distributors and to retail |
21 | | licensees in accordance with the conditions set forth in |
22 | | paragraph (19) of subsection (a) of Section 3-12 of this Act. |
23 | | However, the aggregate amount of spirits sold to non-licensees |
24 | | and sold or delivered to retail licensees may not exceed 5,000 |
25 | | gallons per year. |
26 | | A class 1 craft distiller licensee may sell up to 5,000 |
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1 | | gallons of such spirits to non-licensees to the extent |
2 | | permitted by any exemption approved by the State Commission |
3 | | pursuant to Section 6-4 of this Act. A class 1 craft distiller |
4 | | license holder may store such spirits at a non-contiguous |
5 | | licensed location, but at no time shall a class 1 craft |
6 | | distiller license holder directly or indirectly produce in the |
7 | | aggregate more than 50,000 gallons of spirits per year. |
8 | | A class 1 craft distiller licensee may hold more than one |
9 | | class 1 craft distiller's license. However, a class 1 craft |
10 | | distiller that holds more than one class 1 craft distiller |
11 | | license shall not manufacture, in the aggregate, more than |
12 | | 50,000 gallons of spirits by distillation per year and shall |
13 | | not sell, in the aggregate, more than 5,000 gallons of such |
14 | | spirits to non-licensees in accordance with an exemption |
15 | | approved by the State Commission pursuant to Section 6-4 of |
16 | | this Act. |
17 | | Class 11. A class 2 craft distiller license, which may |
18 | | only be issued to a licensed craft distiller or licensed |
19 | | non-resident dealer, shall allow the manufacture of up to |
20 | | 100,000 gallons of spirits per year provided that the class 2 |
21 | | craft distiller licensee does not manufacture more than a |
22 | | combined 100,000 gallons of spirits per year and is not a |
23 | | member of or affiliated with, directly or indirectly, a |
24 | | manufacturer that produces more than 100,000 gallons of |
25 | | spirits per year. If a class 2 craft distiller manufactures |
26 | | beer, it shall also obtain and shall only be eligible for, in |
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1 | | addition to any current license, a class 2 brewer license, |
2 | | shall not manufacture more than 3,720,000 gallons of beer per |
3 | | year, and shall not be a member of or affiliated with, directly |
4 | | or indirectly, a manufacturer that produces more than |
5 | | 3,720,000 gallons of beer per year. If a class 2 craft |
6 | | distiller manufactures wine, it shall also obtain and shall |
7 | | only be eligible for, in addition to any current license, a |
8 | | second-class wine-maker's license, shall not manufacture more |
9 | | than 150,000 gallons of wine per year, and shall not be a |
10 | | member of or affiliated with, directly or indirectly, a |
11 | | manufacturer that produces more than 150,000 gallons of wine |
12 | | per year. A class 2 craft distiller licensee may make sales and |
13 | | deliveries to importing distributors and distributors, but |
14 | | shall not make sales or deliveries to any other licensee. If |
15 | | the State Commission provides prior approval, a class 2 craft |
16 | | distiller licensee may annually transfer up to 100,000 gallons |
17 | | of spirits manufactured by that class 2 craft distiller |
18 | | licensee to the premises of a licensed class 2 craft distiller |
19 | | wholly owned and operated by the same licensee. A class 2 craft |
20 | | distiller may transfer spirits to a distilling pub wholly |
21 | | owned and operated by the class 2 craft distiller subject to |
22 | | the following limitations and restrictions: (i) the transfer |
23 | | shall not annually exceed more than 5,000 gallons; (ii) the |
24 | | annual amount transferred shall reduce the distilling pub's |
25 | | annual permitted production limit; (iii) all spirits |
26 | | transferred shall be subject to Article VIII of this Act; (iv) |
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1 | | a written record shall be maintained by the distiller and |
2 | | distilling pub specifying the amount, date of delivery, and |
3 | | receipt of the product by the distilling pub; and (v) the |
4 | | distilling pub shall be located no farther than 80 miles from |
5 | | the class 2 craft distiller's licensed location. |
6 | | A class 2 craft distiller shall, prior to transferring |
7 | | spirits to a distilling pub wholly owned by the class 2 craft |
8 | | distiller, furnish a written notice to the State Commission of |
9 | | intent to transfer spirits setting forth the name and address |
10 | | of the distilling pub and shall annually submit to the State |
11 | | Commission a verified report identifying the total gallons of |
12 | | spirits transferred to the distilling pub wholly owned by the |
13 | | class 2 craft distiller. |
14 | | A class 2 craft distiller license holder may store such |
15 | | spirits at a non-contiguous licensed location, but at no time |
16 | | shall a class 2 craft distiller license holder directly or |
17 | | indirectly produce in the aggregate more than 100,000 gallons |
18 | | of spirits per year. |
19 | | Class 12. A class 1 brewer license, which may only be |
20 | | issued to a licensed brewer or licensed non-resident dealer, |
21 | | shall allow the manufacture of up to 930,000 gallons of beer |
22 | | per year provided that the class 1 brewer licensee does not |
23 | | manufacture more than a combined 930,000 gallons of beer per |
24 | | year and is not a member of or affiliated with, directly or |
25 | | indirectly, a manufacturer that produces more than 930,000 |
26 | | gallons of beer per year. If a class 1 brewer manufactures |
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1 | | spirits, it shall also obtain and shall only be eligible for, |
2 | | in addition to any current license, a class 1 craft distiller |
3 | | license, shall not manufacture more than 50,000 gallons of |
4 | | spirits per year, and shall not be a member of or affiliated |
5 | | with, directly or indirectly, a manufacturer that produces |
6 | | more than 50,000 gallons of spirits per year. If a class 1 |
7 | | craft brewer manufactures wine, it shall also obtain and shall |
8 | | only be eligible for, in addition to any current license, a |
9 | | first-class wine-manufacturer license or a first-class |
10 | | wine-maker's license, shall not manufacture more than 50,000 |
11 | | gallons of wine per year, and shall not be a member of or |
12 | | affiliated with, directly or indirectly, a manufacturer that |
13 | | produces more than 50,000 gallons of wine per year. A class 1 |
14 | | brewer licensee may make sales and deliveries to importing |
15 | | distributors and distributors and to retail licensees in |
16 | | accordance with the conditions set forth in paragraph (18) of |
17 | | subsection (a) of Section 3-12 of this Act. If the State |
18 | | Commission provides prior approval, a class 1 brewer may |
19 | | annually transfer up to 930,000 gallons of beer manufactured |
20 | | by that class 1 brewer to the premises of a licensed class 1 |
21 | | brewer wholly owned and operated by the same licensee. |
22 | | Class 13. A class 2 brewer license, which may only be |
23 | | issued to a licensed brewer or licensed non-resident dealer, |
24 | | shall allow the manufacture of up to 3,720,000 gallons of beer |
25 | | per year provided that the class 2 brewer licensee does not |
26 | | manufacture more than a combined 3,720,000 gallons of beer per |
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1 | | year and is not a member of or affiliated with, directly or |
2 | | indirectly, a manufacturer that produces more than 3,720,000 |
3 | | gallons of beer per year. If a class 2 brewer manufactures |
4 | | spirits, it shall also obtain and shall only be eligible for, |
5 | | in addition to any current license, a class 2 craft distiller |
6 | | license, shall not manufacture more than 100,000 gallons of |
7 | | spirits per year, and shall not be a member of or affiliated |
8 | | with, directly or indirectly, a manufacturer that produces |
9 | | more than 100,000 gallons of spirits per year. If a class 2 |
10 | | craft distiller manufactures wine, it shall also obtain and |
11 | | shall only be eligible for, in addition to any current |
12 | | license, a second-class wine-maker's license, shall not |
13 | | manufacture more than 150,000 gallons of wine per year, and |
14 | | shall not be a member of or affiliated with, directly or |
15 | | indirectly, a manufacturer that produces more than 150,000 |
16 | | gallons of wine a year. A class 2 brewer licensee may make |
17 | | sales and deliveries to importing distributors and |
18 | | distributors, but shall not make sales or deliveries to any |
19 | | other licensee. If the State Commission provides prior |
20 | | approval, a class 2 brewer licensee may annually transfer up |
21 | | to 3,720,000 gallons of beer manufactured by that class 2 |
22 | | brewer licensee to the premises of a licensed class 2 brewer |
23 | | wholly owned and operated by the same licensee. |
24 | | A class 2 brewer may transfer beer to a brew pub wholly |
25 | | owned and operated by the class 2 brewer subject to the |
26 | | following limitations and restrictions: (i) the transfer shall |
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1 | | not annually exceed more than 31,000 gallons; (ii) the annual |
2 | | amount transferred shall reduce the brew pub's annual |
3 | | permitted production limit; (iii) all beer transferred shall |
4 | | be subject to Article VIII of this Act; (iv) a written record |
5 | | shall be maintained by the brewer and brew pub specifying the |
6 | | amount, date of delivery, and receipt of the product by the |
7 | | brew pub; and (v) the brew pub shall be located no farther than |
8 | | 80 miles from the class 2 brewer's licensed location. |
9 | | A class 2 brewer shall, prior to transferring beer to a |
10 | | brew pub wholly owned by the class 2 brewer, furnish a written |
11 | | notice to the State Commission of intent to transfer beer |
12 | | setting forth the name and address of the brew pub and shall |
13 | | annually submit to the State Commission a verified report |
14 | | identifying the total gallons of beer transferred to the brew |
15 | | pub wholly owned by the class 2 brewer. |
16 | | Class 14. A class 3 brewer license, which may be issued to |
17 | | a brewer or a non-resident dealer, shall allow the manufacture |
18 | | of no more than 465,000 gallons of beer per year and no more |
19 | | than 155,000 gallons at a single brewery premises, and shall |
20 | | allow the sale of no more than 6,200 gallons of beer from each |
21 | | in-state or out-of-state class 3 brewery premises, or 18,600 |
22 | | gallons in the aggregate, to retail licensees, class 1 |
23 | | brewers, class 2 brewers, and class 3 brewers as long as the |
24 | | class 3 brewer licensee does not manufacture more than a |
25 | | combined 465,000 gallons of beer per year and is not a member |
26 | | of or affiliated with, directly or indirectly, a manufacturer |
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1 | | that produces more than 465,000 gallons of beer per year to |
2 | | make sales to importing distributors, distributors, retail |
3 | | licensees, brewers, class 1 brewers, class 2 brewers, and |
4 | | class 3 brewers in accordance with the conditions set forth in |
5 | | paragraph (20) of subsection (a) of Section 3-12. If the State |
6 | | Commission provides prior approval, a class 3 brewer may |
7 | | annually transfer up to 155,000 gallons of beer manufactured |
8 | | by that class 3 brewer to the premises of a licensed class 3 |
9 | | brewer wholly owned and operated by the same licensee. A class |
10 | | 3 brewer shall manufacture beer at the brewer's class 3 |
11 | | designated licensed premises, and may sell beer as otherwise |
12 | | provided in this Act. |
13 | | (a-1) A manufacturer which is licensed in this State to |
14 | | make sales or
deliveries of alcoholic liquor to licensed |
15 | | distributors or importing distributors and which enlists |
16 | | agents, representatives, or
individuals acting on its behalf |
17 | | who contact licensed retailers on a regular
and continual |
18 | | basis in this State must register those agents, |
19 | | representatives,
or persons acting on its behalf with the |
20 | | State Commission. |
21 | | Registration of agents, representatives, or persons acting |
22 | | on behalf of a
manufacturer is fulfilled by submitting a form |
23 | | to the Commission. The form
shall be developed by the |
24 | | Commission and shall include the name and address of
the |
25 | | applicant, the name and address of the manufacturer he or she |
26 | | represents,
the territory or areas assigned to sell to or |
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1 | | discuss pricing terms of
alcoholic liquor, and any other |
2 | | questions deemed appropriate and necessary.
All statements in |
3 | | the forms required to be made by law or by rule shall be
deemed |
4 | | material, and any person who knowingly misstates any material |
5 | | fact under
oath in an application is guilty of a Class B |
6 | | misdemeanor. Fraud,
misrepresentation, false statements, |
7 | | misleading statements, evasions, or
suppression of material |
8 | | facts in the securing of a registration are grounds for
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9 | | suspension or revocation of the registration. The State |
10 | | Commission shall post a list of registered agents on the |
11 | | Commission's website. |
12 | | (b) A distributor's license shall allow (i) the wholesale |
13 | | purchase and storage
of alcoholic liquors and sale of |
14 | | alcoholic liquors to licensees in this State and to persons |
15 | | without the State, as may be permitted by law; (ii) the sale of |
16 | | beer, cider, mead, or any combination thereof to brewers, |
17 | | class 1 brewers, and class 2 brewers that, pursuant to |
18 | | subsection (e) of Section 6-4 of this Act, sell beer, cider, |
19 | | mead, or any combination thereof to non-licensees at their |
20 | | breweries; (iii) the sale of vermouth to class 1 craft |
21 | | distillers and class 2 craft distillers that, pursuant to |
22 | | subsection (e) of Section 6-4 of this Act, sell spirits, |
23 | | vermouth, or both spirits and vermouth to non-licensees at |
24 | | their distilleries; or (iv) as otherwise provided in this Act. |
25 | | No person licensed as a distributor shall be granted a |
26 | | non-resident dealer's license. |
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1 | | (c) An importing distributor's license may be issued to |
2 | | and held by
those only who are duly licensed distributors, |
3 | | upon the filing of an
application by a duly licensed |
4 | | distributor, with the Commission and
the Commission shall, |
5 | | without the
payment of any fee, immediately issue such |
6 | | importing distributor's
license to the applicant, which shall |
7 | | allow the importation of alcoholic
liquor by the licensee into |
8 | | this State from any point in the United
States outside this |
9 | | State, and the purchase of alcoholic liquor in
barrels, casks |
10 | | or other bulk containers and the bottling of such
alcoholic |
11 | | liquors before resale thereof, but all bottles or containers
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12 | | so filled shall be sealed, labeled, stamped and otherwise made |
13 | | to comply
with all provisions, rules and regulations governing |
14 | | manufacturers in
the preparation and bottling of alcoholic |
15 | | liquors. The importing
distributor's license shall permit such |
16 | | licensee to purchase alcoholic
liquor from Illinois licensed |
17 | | non-resident dealers and foreign importers only. No person |
18 | | licensed as an importing distributor shall be granted a |
19 | | non-resident dealer's license. |
20 | | (d) A retailer's license shall allow the licensee to sell |
21 | | and offer
for sale at retail, only in the premises specified in |
22 | | the license,
alcoholic liquor for use or consumption, but not |
23 | | for resale in any form. Except as provided in Section 6-16, |
24 | | 6-29, or 6-29.1, nothing in this Act shall deny, limit, |
25 | | remove, or restrict the ability of a holder of a retailer's |
26 | | license to transfer or ship alcoholic liquor to the purchaser |
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1 | | for use or consumption subject to any applicable local law or |
2 | | ordinance. For the purposes of this Section, "shipping" means |
3 | | the movement of alcoholic liquor from a licensed retailer to a |
4 | | consumer via a common carrier. Except as provided in Section |
5 | | 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, |
6 | | remove, or restrict the ability of a holder of a retailer's |
7 | | license to deliver alcoholic liquor to the purchaser for use |
8 | | or consumption. The delivery shall be made only within 12 |
9 | | hours from the time the alcoholic liquor leaves the licensed |
10 | | premises of the retailer for delivery. For the purposes of |
11 | | this Section, "delivery" means the movement of alcoholic |
12 | | liquor purchased from a licensed retailer to a consumer |
13 | | through the following methods: |
14 | | (1) delivery within licensed retailer's parking lot, |
15 | | including curbside, for pickup by the consumer; |
16 | | (2) delivery by an owner, officer, director, |
17 | | shareholder, or employee of the licensed retailer; or |
18 | | (3) delivery by a third-party contractor, independent |
19 | | contractor, or agent with whom the licensed retailer has |
20 | | contracted to make deliveries of alcoholic liquors. |
21 | | Under subsection (1), (2), or (3), delivery shall not |
22 | | include the use of common carriers. |
23 | | Any retail license issued to a manufacturer shall only
|
24 | | permit the manufacturer to sell beer at retail on the premises |
25 | | actually
occupied by the manufacturer. For the purpose of |
26 | | further describing the type of business conducted at a retail |
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1 | | licensed premises, a retailer's licensee may be designated by |
2 | | the State Commission as (i) an on premise consumption |
3 | | retailer, (ii) an off premise sale retailer, or (iii) a |
4 | | combined on premise consumption and off premise sale retailer.
|
5 | | Except for a municipality with a population of more than |
6 | | 1,000,000 inhabitants, a home rule unit may not regulate the |
7 | | delivery of alcoholic liquor inconsistent with this |
8 | | subsection. This paragraph is a limitation under subsection |
9 | | (i) of Section 6 of Article VII of the Illinois Constitution on |
10 | | the concurrent exercise by home rule units of powers and |
11 | | functions exercised by the State. A non-home rule municipality |
12 | | may not regulate the delivery of alcoholic liquor inconsistent |
13 | | with this subsection. |
14 | | Notwithstanding any other provision of this subsection |
15 | | (d), a retail
licensee may sell alcoholic liquors to a special |
16 | | event retailer licensee for
resale to the extent permitted |
17 | | under subsection (e). |
18 | | (e) A special event retailer's license (not-for-profit) |
19 | | shall permit the
licensee to purchase alcoholic liquors from |
20 | | an Illinois licensed distributor
(unless the licensee |
21 | | purchases less than $500 of alcoholic liquors for the
special |
22 | | event, in which case the licensee may purchase the alcoholic |
23 | | liquors
from a licensed retailer) and shall allow the licensee |
24 | | to sell and offer for
sale, at retail, alcoholic liquors for |
25 | | use or consumption, but not for resale
in any form and only at |
26 | | the location and on the specific dates designated for
the |
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1 | | special event in the license. An applicant for a special event |
2 | | retailer
license must
(i) furnish with the application: (A) a |
3 | | resale number issued under Section
2c of the Retailers' |
4 | | Occupation Tax Act or evidence that the applicant is
|
5 | | registered under Section 2a of the Retailers' Occupation Tax |
6 | | Act, (B) a
current, valid exemption identification
number |
7 | | issued under Section 1g of the Retailers' Occupation Tax Act, |
8 | | and a
certification to the Commission that the purchase of |
9 | | alcoholic liquors will be
a tax-exempt purchase, or (C) a |
10 | | statement that the applicant is not registered
under Section |
11 | | 2a of the Retailers' Occupation Tax Act, does not hold a resale
|
12 | | number under Section 2c of the Retailers' Occupation Tax Act, |
13 | | and does not
hold an exemption number under Section 1g of the |
14 | | Retailers' Occupation Tax
Act, in which event the Commission |
15 | | shall set forth on the special event
retailer's license a |
16 | | statement to that effect; (ii) submit with the application |
17 | | proof satisfactory to
the State Commission that the applicant |
18 | | will provide dram shop liability
insurance in the maximum |
19 | | limits; and (iii) show proof satisfactory to the
State |
20 | | Commission that the applicant has obtained local authority
|
21 | | approval. |
22 | | Nothing in this Act prohibits an Illinois licensed |
23 | | distributor from offering credit or a refund for unused, |
24 | | salable alcoholic liquors to a holder of a special event |
25 | | retailer's license or the special event retailer's licensee |
26 | | from accepting the credit or refund of alcoholic liquors at |
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| | SB1001 Enrolled | - 20 - | LRB102 04809 RPS 14828 b |
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1 | | the conclusion of the event specified in the license. |
2 | | (f) A railroad license shall permit the licensee to import |
3 | | alcoholic
liquors into this State from any point in the United |
4 | | States outside this
State and to store such alcoholic liquors |
5 | | in this State; to make wholesale
purchases of alcoholic |
6 | | liquors directly from manufacturers, foreign
importers, |
7 | | distributors and importing distributors from within or outside
|
8 | | this State; and to store such alcoholic liquors in this State; |
9 | | provided
that the above powers may be exercised only in |
10 | | connection with the
importation, purchase or storage of |
11 | | alcoholic liquors to be sold or
dispensed on a club, buffet, |
12 | | lounge or dining car operated on an electric,
gas or steam |
13 | | railway in this State; and provided further, that railroad
|
14 | | licensees exercising the above powers shall be subject to all |
15 | | provisions of
Article VIII of this Act as applied to importing |
16 | | distributors. A railroad
license shall also permit the |
17 | | licensee to sell or dispense alcoholic
liquors on any club, |
18 | | buffet, lounge or dining car operated on an electric,
gas or |
19 | | steam railway regularly operated by a common carrier in this |
20 | | State,
but shall not permit the sale for resale of any |
21 | | alcoholic liquors to any
licensee within this State. A license |
22 | | shall be obtained for each car in which
such sales are made. |
23 | | (g) A boat license shall allow the sale of alcoholic |
24 | | liquor in
individual drinks, on any passenger boat regularly |
25 | | operated as a common
carrier on navigable waters in this State |
26 | | or on any riverboat operated
under
the Illinois Gambling Act, |
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1 | | which boat or riverboat maintains a public
dining room or |
2 | | restaurant thereon. |
3 | | (h) A non-beverage user's license shall allow the licensee |
4 | | to
purchase alcoholic liquor from a licensed manufacturer or |
5 | | importing
distributor, without the imposition of any tax upon |
6 | | the business of such
licensed manufacturer or importing |
7 | | distributor as to such alcoholic
liquor to be used by such |
8 | | licensee solely for the non-beverage purposes
set forth in |
9 | | subsection (a) of Section 8-1 of this Act, and
such licenses |
10 | | shall be divided and classified and shall permit the
purchase, |
11 | | possession and use of limited and stated quantities of
|
12 | | alcoholic liquor as follows: |
13 | | Class 1, not to exceed ......................... 500 gallons
|
14 | | Class 2, not to exceed ....................... 1,000 gallons
|
15 | | Class 3, not to exceed ....................... 5,000 gallons
|
16 | | Class 4, not to exceed ...................... 10,000 gallons
|
17 | | Class 5, not to exceed ....................... 50,000 gallons |
18 | | (i) A wine-maker's premises license shall allow a
licensee |
19 | | that concurrently holds a first-class wine-maker's license to |
20 | | sell
and offer for sale at retail in the premises specified in |
21 | | such license
not more than 50,000 gallons of the first-class |
22 | | wine-maker's wine that is
made at the first-class wine-maker's |
23 | | licensed premises per year for use or
consumption, but not for |
24 | | resale in any form. A wine-maker's premises
license shall |
25 | | allow a licensee who concurrently holds a second-class
|
26 | | wine-maker's license to sell and offer for sale at retail in |
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1 | | the premises
specified in such license up to 100,000 gallons |
2 | | of the
second-class wine-maker's wine that is made at the |
3 | | second-class wine-maker's
licensed premises per year
for use |
4 | | or consumption but not for resale in any form. A first-class |
5 | | wine-maker that concurrently holds a class 1 brewer license or |
6 | | a class 1 craft distiller license shall not be eligible to hold |
7 | | a wine-maker's premises license. A wine-maker's premises |
8 | | license shall allow a
licensee that concurrently holds a |
9 | | first-class wine-maker's license or a second-class
|
10 | | wine-maker's license to sell
and offer for sale at retail at |
11 | | the premises specified in the wine-maker's premises license, |
12 | | for use or consumption but not for resale in any form, any |
13 | | beer, wine, and spirits purchased from a licensed distributor. |
14 | | Upon approval from the
State Commission, a wine-maker's |
15 | | premises license
shall allow the licensee to sell and offer |
16 | | for sale at (i) the wine-maker's
licensed premises and (ii) at |
17 | | up to 2 additional locations for use and
consumption and not |
18 | | for resale. Each location shall require additional
licensing |
19 | | per location as specified in Section 5-3 of this Act. A |
20 | | wine-maker's premises licensee shall
secure liquor liability |
21 | | insurance coverage in an amount at
least equal to the maximum |
22 | | liability amounts set forth in
subsection (a) of Section 6-21 |
23 | | of this Act.
|
24 | | (j) An airplane license shall permit the licensee to |
25 | | import
alcoholic liquors into this State from any point in the |
26 | | United States
outside this State and to store such alcoholic |
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| | SB1001 Enrolled | - 23 - | LRB102 04809 RPS 14828 b |
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1 | | liquors in this State; to
make wholesale purchases of |
2 | | alcoholic liquors directly from
manufacturers, foreign |
3 | | importers, distributors and importing
distributors from within |
4 | | or outside this State; and to store such
alcoholic liquors in |
5 | | this State; provided that the above powers may be
exercised |
6 | | only in connection with the importation, purchase or storage
|
7 | | of alcoholic liquors to be sold or dispensed on an airplane; |
8 | | and
provided further, that airplane licensees exercising the |
9 | | above powers
shall be subject to all provisions of Article |
10 | | VIII of this Act as
applied to importing distributors. An |
11 | | airplane licensee shall also
permit the sale or dispensing of |
12 | | alcoholic liquors on any passenger
airplane regularly operated |
13 | | by a common carrier in this State, but shall
not permit the |
14 | | sale for resale of any alcoholic liquors to any licensee
|
15 | | within this State. A single airplane license shall be required |
16 | | of an
airline company if liquor service is provided on board |
17 | | aircraft in this
State. The annual fee for such license shall |
18 | | be as determined in
Section 5-3. |
19 | | (k) A foreign importer's license shall permit such |
20 | | licensee to purchase
alcoholic liquor from Illinois licensed |
21 | | non-resident dealers only, and to
import alcoholic liquor |
22 | | other than in bulk from any point outside the
United States and |
23 | | to sell such alcoholic liquor to Illinois licensed
importing |
24 | | distributors and to no one else in Illinois;
provided that (i) |
25 | | the foreign importer registers with the State Commission
every
|
26 | | brand of
alcoholic liquor that it proposes to sell to Illinois |
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1 | | licensees during the
license period, (ii) the foreign importer |
2 | | complies with all of the provisions
of Section
6-9 of this Act |
3 | | with respect to registration of such Illinois licensees as may
|
4 | | be granted the
right to sell such brands at wholesale, and |
5 | | (iii) the foreign importer complies with the provisions of |
6 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
7 | | provisions apply to manufacturers. |
8 | | (l) (i) A broker's license shall be required of all |
9 | | persons
who solicit
orders for, offer to sell or offer to |
10 | | supply alcoholic liquor to
retailers in the State of Illinois, |
11 | | or who offer to retailers to ship or
cause to be shipped or to |
12 | | make contact with distillers, craft distillers, rectifiers,
|
13 | | brewers or manufacturers or any other party within or without |
14 | | the State
of Illinois in order that alcoholic liquors be |
15 | | shipped to a distributor,
importing distributor or foreign |
16 | | importer, whether such solicitation or
offer is consummated |
17 | | within or without the State of Illinois. |
18 | | No holder of a retailer's license issued by the Illinois |
19 | | Liquor
Control Commission shall purchase or receive any |
20 | | alcoholic liquor, the
order for which was solicited or offered |
21 | | for sale to such retailer by a
broker unless the broker is the |
22 | | holder of a valid broker's license. |
23 | | The broker shall, upon the acceptance by a retailer of the |
24 | | broker's
solicitation of an order or offer to sell or supply or |
25 | | deliver or have
delivered alcoholic liquors, promptly forward |
26 | | to the Illinois Liquor
Control Commission a notification of |
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1 | | said transaction in such form as
the Commission may by |
2 | | regulations prescribe. |
3 | | (ii) A broker's license shall be required of
a person |
4 | | within this State, other than a retail licensee,
who, for a fee |
5 | | or commission, promotes, solicits, or accepts orders for
|
6 | | alcoholic liquor, for use or consumption and not for
resale, |
7 | | to be shipped from this State and delivered to residents |
8 | | outside of
this State by an express company, common carrier, |
9 | | or contract carrier.
This Section does not apply to any person |
10 | | who promotes, solicits, or accepts
orders for wine as |
11 | | specifically authorized in Section 6-29 of this Act. |
12 | | A broker's license under this subsection (l)
shall not |
13 | | entitle the holder to
buy or sell any
alcoholic liquors for his |
14 | | own account or to take or deliver title to
such alcoholic |
15 | | liquors. |
16 | | This subsection (l)
shall not apply to distributors, |
17 | | employees of
distributors, or employees of a manufacturer who |
18 | | has registered the
trademark, brand or name of the alcoholic |
19 | | liquor pursuant to Section 6-9
of this Act, and who regularly |
20 | | sells such alcoholic liquor
in the State of Illinois only to |
21 | | its registrants thereunder. |
22 | | Any agent, representative, or person subject to |
23 | | registration pursuant to
subsection (a-1) of this Section |
24 | | shall not be eligible to receive a broker's
license. |
25 | | (m) A non-resident dealer's license shall permit such |
26 | | licensee to ship
into and warehouse alcoholic liquor into this |
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1 | | State from any point
outside of this State, and to sell such |
2 | | alcoholic liquor to Illinois licensed
foreign importers and |
3 | | importing distributors and to no one else in this State;
|
4 | | provided that (i) said non-resident dealer shall register with |
5 | | the Illinois Liquor
Control Commission each and every brand of |
6 | | alcoholic liquor which it proposes
to sell to Illinois |
7 | | licensees during the license period, (ii) it shall comply with |
8 | | all of the provisions of Section 6-9 hereof with
respect to |
9 | | registration of such Illinois licensees as may be granted the |
10 | | right
to sell such brands at wholesale by duly filing such |
11 | | registration statement, thereby authorizing the non-resident |
12 | | dealer to proceed to sell such brands at wholesale, and (iii) |
13 | | the non-resident dealer shall comply with the provisions of |
14 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
15 | | provisions apply to manufacturers. No person licensed as a |
16 | | non-resident dealer shall be granted a distributor's or |
17 | | importing distributor's license. |
18 | | (n) A brew pub license shall allow the licensee to only (i) |
19 | | manufacture up to 155,000 gallons of beer per year only
on the |
20 | | premises specified in the license, (ii) make sales of the
beer |
21 | | manufactured on the premises or, with the approval of the |
22 | | Commission, beer manufactured on another brew pub licensed |
23 | | premises that is wholly owned and operated by the same |
24 | | licensee to importing distributors, distributors,
and to |
25 | | non-licensees for use and consumption, (iii) store the beer |
26 | | upon
the premises, (iv) sell and offer for sale at retail from |
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1 | | the licensed
premises for off-premises
consumption no more |
2 | | than 155,000 gallons per year so long as such sales are only |
3 | | made in-person, (v) sell and offer for sale at retail for use |
4 | | and consumption on the premises specified in the license any |
5 | | form of alcoholic liquor purchased from a licensed distributor |
6 | | or importing distributor, (vi) with the prior approval of the |
7 | | Commission, annually transfer no more than 155,000 gallons of |
8 | | beer manufactured on the premises to a licensed brew pub |
9 | | wholly owned and operated by the same licensee, and (vii) |
10 | | notwithstanding item (i) of this subsection, brew pubs wholly |
11 | | owned and operated by the same licensee may combine each |
12 | | location's production limit of 155,000 gallons of beer per |
13 | | year and allocate the aggregate total between the wholly |
14 | | owned, operated, and licensed locations. |
15 | | A brew pub licensee shall not under any circumstance sell |
16 | | or offer for sale beer manufactured by the brew pub licensee to |
17 | | retail licensees. |
18 | | A person who holds a class 2 brewer license may |
19 | | simultaneously hold a brew pub license if the class 2 brewer |
20 | | (i) does not, under any circumstance, sell or offer for sale |
21 | | beer 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 |
24 | | gallons of beer per year, including the beer manufactured at |
25 | | the brew pub; and (iv) is not a member of or affiliated with, |
26 | | directly or indirectly, a manufacturer that produces more than |
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1 | | 3,720,000 gallons of beer per year or any other alcoholic |
2 | | liquor. |
3 | | Notwithstanding any other provision of this Act, a |
4 | | licensed brewer, class 2 brewer, or non-resident dealer who |
5 | | before July 1, 2015 manufactured less than 3,720,000 gallons |
6 | | of beer per year and held a brew pub license on or before July |
7 | | 1, 2015 may (i) continue to qualify for and hold that brew pub |
8 | | license for the licensed premises and (ii) manufacture more |
9 | | than 3,720,000 gallons of beer per year and continue to |
10 | | qualify for and hold that brew pub license if that brewer, |
11 | | class 2 brewer, or non-resident dealer does not simultaneously |
12 | | hold a class 1 brewer license and is not a member of or |
13 | | affiliated with, directly or indirectly, a manufacturer that |
14 | | produces more than 3,720,000 gallons of beer per year or that |
15 | | produces any other alcoholic liquor. |
16 | | A brew pub licensee may apply for a class 3 brewer license |
17 | | and , upon : (i) meeting all applicable qualifications of this |
18 | | Act , and relinquishing all commonly owned brew pub or retail |
19 | | licenses , shall be issued a class 3 brewer license. Nothing in |
20 | | this Act shall prohibit the issuance of a class 3 brewer |
21 | | license if the applicant: |
22 | | (1) has a valid retail license on or before May 1, |
23 | | 2021; |
24 | | (2) has an ownership interest in at least two brew |
25 | | pubs licenses on or before May 1, 2021; |
26 | | (3) the brew pub licensee applies for a class 3 brewer |
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1 | | license on or before October 1, 2022 and relinquishes all |
2 | | commonly owned brew pub licenses; and |
3 | | (4) relinquishes all commonly owned retail licenses on |
4 | | or before December 31, 2022. |
5 | | If a brew pub licensee is issued a class 3 brewer license, |
6 | | the class 3 brewer license shall expire on the same date as the |
7 | | existing brew pub license and the State Commission shall not |
8 | | require a class 3 brewer licensee to obtain a brewer license, |
9 | | or in the alternative to pay a fee for a brewer license, until |
10 | | the date the brew pub license of the applicant would have |
11 | | expired. |
12 | | (o) A caterer retailer license shall allow the holder
to |
13 | | serve alcoholic liquors as an incidental part of a food |
14 | | service that serves
prepared meals which excludes the serving |
15 | | of snacks as
the primary meal, either on or off-site whether |
16 | | licensed or unlicensed. A caterer retailer license shall allow |
17 | | the holder, a distributor, or an importing distributor to |
18 | | transfer any inventory to and from the holder's retail |
19 | | premises and shall allow the holder to purchase alcoholic |
20 | | liquor from a distributor or importing distributor to be |
21 | | delivered directly to an off-site event. |
22 | | Nothing in this Act prohibits a distributor or importing |
23 | | distributor from offering credit or a refund for unused, |
24 | | salable beer to a holder of a caterer retailer license or a |
25 | | caterer retailer licensee from accepting a credit or refund |
26 | | for unused, salable beer, in the event an act of God is the |
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1 | | sole reason an off-site event is cancelled and if: (i) the |
2 | | holder of a caterer retailer license has not transferred |
3 | | alcoholic liquor from its caterer retailer premises to an |
4 | | off-site location; (ii) the distributor or importing |
5 | | distributor offers the credit or refund for the unused, |
6 | | salable beer that it delivered to the off-site premises and |
7 | | not for any unused, salable beer that the distributor or |
8 | | importing distributor delivered to the caterer retailer's |
9 | | premises; and (iii) the unused, salable beer would likely |
10 | | spoil if transferred to the caterer retailer's premises. A |
11 | | caterer retailer license shall allow the holder to transfer |
12 | | any inventory from any off-site location to its caterer |
13 | | retailer premises at the conclusion of an off-site event or |
14 | | engage a distributor or importing distributor to transfer any |
15 | | inventory from any off-site location to its caterer retailer |
16 | | premises at the conclusion of an off-site event, provided that |
17 | | the distributor or importing distributor issues bona fide |
18 | | charges to the caterer retailer licensee for fuel, labor, and |
19 | | delivery and the distributor or importing distributor collects |
20 | | payment from the caterer retailer licensee prior to the |
21 | | distributor or importing distributor transferring inventory to |
22 | | the caterer retailer premises. |
23 | | For purposes of this subsection (o), an "act of God" means |
24 | | an unforeseeable event, such as a rain or snow storm, hail, a |
25 | | flood, or a similar event, that is the sole cause of the |
26 | | cancellation of an off-site, outdoor event. |
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1 | | (p) An auction liquor license shall allow the licensee to |
2 | | sell and offer
for sale at auction wine and spirits for use or |
3 | | consumption, or for resale by
an Illinois liquor licensee in |
4 | | accordance with provisions of this Act. An
auction liquor |
5 | | license will be issued to a person and it will permit the
|
6 | | auction liquor licensee to hold the auction anywhere in the |
7 | | State. An auction
liquor license must be obtained for each |
8 | | auction at least 14 days in advance of
the auction date. |
9 | | (q) A special use permit license shall allow an Illinois |
10 | | licensed
retailer to transfer a portion of its alcoholic |
11 | | liquor inventory from its
retail licensed premises to the |
12 | | premises specified in the license hereby
created; to purchase |
13 | | alcoholic liquor from a distributor or importing distributor |
14 | | to be delivered directly to the location specified in the |
15 | | license hereby created; and to sell or offer for sale at |
16 | | retail, only in the premises
specified in the license hereby |
17 | | created, the transferred or delivered alcoholic liquor for
use |
18 | | or consumption, but not for resale in any form. A special use |
19 | | permit
license may be granted for the following time periods: |
20 | | one day or less; 2 or
more days to a maximum of 15 days per |
21 | | location in any 12-month period. An
applicant for the special |
22 | | use permit license must also submit with the
application proof |
23 | | satisfactory to the State Commission that the applicant will
|
24 | | provide dram shop liability insurance to the maximum limits |
25 | | and have local
authority approval. |
26 | | A special use permit license shall allow the holder to |
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1 | | transfer any inventory from the holder's special use premises |
2 | | to its retail premises at the conclusion of the special use |
3 | | event or engage a distributor or importing distributor to |
4 | | transfer any inventory from the holder's special use premises |
5 | | to its retail premises at the conclusion of an off-site event, |
6 | | provided that the distributor or importing distributor issues |
7 | | bona fide charges to the special use permit licensee for fuel, |
8 | | labor, and delivery and the distributor or importing |
9 | | distributor collects payment from the retail licensee prior to |
10 | | the distributor or importing distributor transferring |
11 | | inventory to the retail premises. |
12 | | Nothing in this Act prohibits a distributor or importing |
13 | | distributor from offering credit or a refund for unused, |
14 | | salable beer to a special use permit licensee or a special use |
15 | | permit licensee from accepting a credit or refund for unused, |
16 | | salable beer at the conclusion of the event specified in the |
17 | | license if: (i) the holder of the special use permit license |
18 | | has not transferred alcoholic liquor from its retail licensed |
19 | | premises to the premises specified in the special use permit |
20 | | license; (ii) the distributor or importing distributor offers |
21 | | the credit or refund for the unused, salable beer that it |
22 | | delivered to the premises specified in the special use permit |
23 | | license and not for any unused, salable beer that the |
24 | | distributor or importing distributor delivered to the |
25 | | retailer's premises; and (iii) the unused, salable beer would |
26 | | likely spoil if transferred to the retailer premises. |
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| | SB1001 Enrolled | - 33 - | LRB102 04809 RPS 14828 b |
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1 | | (r) A winery shipper's license shall allow a person
with a |
2 | | first-class or second-class wine manufacturer's
license, a |
3 | | first-class or second-class wine-maker's license,
or a limited |
4 | | wine manufacturer's license or who is licensed to
make wine |
5 | | under the laws of another state to ship wine
made by that |
6 | | licensee directly to a resident of this
State who is 21 years |
7 | | of age or older for that resident's
personal use and not for |
8 | | resale. Prior to receiving a
winery shipper's license, an |
9 | | applicant for the license must
provide the Commission with a |
10 | | true copy of its current
license in any state in which it is |
11 | | licensed as a manufacturer
of wine. An applicant for a winery |
12 | | shipper's license must
also complete an application form that |
13 | | provides any other
information the Commission deems necessary. |
14 | | The application form shall include all addresses from which |
15 | | the applicant for a winery shipper's license intends to ship |
16 | | wine, including the name and address of any third party, |
17 | | except for a common carrier, authorized to ship wine on behalf |
18 | | of the manufacturer. The
application form shall include an |
19 | | acknowledgement consenting
to the jurisdiction of the |
20 | | Commission, the Illinois
Department of Revenue, and the courts |
21 | | of this State concerning
the enforcement of this Act and any |
22 | | related laws, rules, and
regulations, including authorizing |
23 | | the Department of Revenue
and the Commission to conduct audits |
24 | | for the purpose of
ensuring compliance with Public Act 95-634, |
25 | | and an acknowledgement that the wine manufacturer is in |
26 | | compliance with Section 6-2 of this Act. Any third party, |
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| | SB1001 Enrolled | - 34 - | LRB102 04809 RPS 14828 b |
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1 | | except for a common carrier, authorized to ship wine on behalf |
2 | | of a first-class or second-class wine manufacturer's licensee, |
3 | | a first-class or second-class wine-maker's licensee, a limited |
4 | | wine manufacturer's licensee, or a person who is licensed to |
5 | | make wine under the laws of another state shall also be |
6 | | disclosed by the winery shipper's licensee, and a copy of the |
7 | | written appointment of the third-party wine provider, except |
8 | | for a common carrier, to the wine manufacturer shall be filed |
9 | | with the State Commission as a supplement to the winery |
10 | | shipper's license application or any renewal thereof. The |
11 | | winery shipper's license holder shall affirm under penalty of |
12 | | perjury, as part of the winery shipper's license application |
13 | | or renewal, that he or she only ships wine, either directly or |
14 | | indirectly through a third-party provider, from the licensee's |
15 | | own production. |
16 | | Except for a common carrier, a third-party provider |
17 | | shipping wine on behalf of a winery shipper's license holder |
18 | | is the agent of the winery shipper's license holder and, as |
19 | | such, a winery shipper's license holder is responsible for the |
20 | | acts and omissions of the third-party provider acting on |
21 | | behalf of the license holder. A third-party provider, except |
22 | | for a common carrier, that engages in shipping wine into |
23 | | Illinois on behalf of a winery shipper's license holder shall |
24 | | consent to the jurisdiction of the State Commission and the |
25 | | State. Any third-party, except for a common carrier, holding |
26 | | such an appointment shall, by February 1 of each calendar year |
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| | SB1001 Enrolled | - 35 - | LRB102 04809 RPS 14828 b |
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1 | | and upon request by the State Commission or the Department of |
2 | | Revenue, file with the State Commission a statement detailing |
3 | | each shipment made to an Illinois resident. The statement |
4 | | shall include the name and address of the third-party provider |
5 | | filing the statement, the time period covered by the |
6 | | statement, and the following information: |
7 | | (1) the name, address, and license number of the |
8 | | winery shipper on whose behalf the shipment was made; |
9 | | (2) the quantity of the products delivered; and |
10 | | (3) the date and address of the shipment. |
11 | | If the Department of Revenue or the State Commission requests |
12 | | a statement under this paragraph, the third-party provider |
13 | | must provide that statement no later than 30 days after the |
14 | | request is made. Any books, records, supporting papers, and |
15 | | documents containing information and data relating to a |
16 | | statement under this paragraph shall be kept and preserved for |
17 | | a period of 3 years, unless their destruction sooner is |
18 | | authorized, in writing, by the Director of Revenue, and shall |
19 | | be open and available to inspection by the Director of Revenue |
20 | | or the State Commission or any duly authorized officer, agent, |
21 | | or employee of the State Commission or the Department of |
22 | | Revenue, at all times during business hours of the day. Any |
23 | | person who violates any provision of this paragraph or any |
24 | | rule of the State Commission for the administration and |
25 | | enforcement of the provisions of this paragraph is guilty of a |
26 | | Class C misdemeanor. In case of a continuing violation, each |
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| | SB1001 Enrolled | - 36 - | LRB102 04809 RPS 14828 b |
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1 | | day's continuance thereof shall be a separate and distinct |
2 | | offense. |
3 | | The State Commission shall adopt rules as soon as |
4 | | practicable to implement the requirements of Public Act 99-904 |
5 | | and shall adopt rules prohibiting any such third-party |
6 | | appointment of a third-party provider, except for a common |
7 | | carrier, that has been deemed by the State Commission to have |
8 | | violated the provisions of this Act with regard to any winery |
9 | | shipper licensee. |
10 | | A winery shipper licensee must pay to the Department
of |
11 | | Revenue the State liquor gallonage tax under Section 8-1 for
|
12 | | all wine that is sold by the licensee and shipped to a person
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13 | | in this State. For the purposes of Section 8-1, a winery
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14 | | shipper licensee shall be taxed in the same manner as a
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15 | | manufacturer of wine. A licensee who is not otherwise required |
16 | | to register under the Retailers' Occupation Tax Act must
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17 | | register under the Use Tax Act to collect and remit use tax to
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18 | | the Department of Revenue for all gallons of wine that are sold
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19 | | by the licensee and shipped to persons in this State. If a
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20 | | licensee fails to remit the tax imposed under this Act in
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21 | | accordance with the provisions of Article VIII of this Act, |
22 | | the
winery shipper's license shall be revoked in accordance
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23 | | with the provisions of Article VII of this Act. If a licensee
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24 | | fails to properly register and remit tax under the Use Tax Act
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25 | | or the Retailers' Occupation Tax Act for all wine that is sold
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26 | | by the winery shipper and shipped to persons in this
State, the |
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| | SB1001 Enrolled | - 37 - | LRB102 04809 RPS 14828 b |
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1 | | winery shipper's license shall be revoked in
accordance with |
2 | | the provisions of Article VII of this Act. |
3 | | A winery shipper licensee must collect, maintain, and
|
4 | | submit to the Commission on a semi-annual basis the
total |
5 | | number of cases per resident of wine shipped to residents
of |
6 | | this State.
A winery shipper licensed under this subsection |
7 | | (r)
must comply with the requirements of Section 6-29 of this |
8 | | Act. |
9 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of |
10 | | Section 3-12, the State Commission may receive, respond to, |
11 | | and investigate any complaint and impose any of the remedies |
12 | | specified in paragraph (1) of subsection (a) of Section 3-12. |
13 | | As used in this subsection, "third-party provider" means |
14 | | any entity that provides fulfillment house services, including |
15 | | warehousing, packaging, distribution, order processing, or |
16 | | shipment of wine, but not the sale of wine, on behalf of a |
17 | | licensed winery shipper. |
18 | | (s) A craft distiller tasting permit license shall allow |
19 | | an Illinois licensed class 1 craft distiller or class 2 craft |
20 | | distiller to transfer a portion of its alcoholic liquor |
21 | | inventory from its class 1 craft distiller or class 2 craft |
22 | | distiller licensed premises to the premises specified in the |
23 | | license hereby created and to conduct a sampling, only in the |
24 | | premises specified in the license hereby created, of the |
25 | | transferred alcoholic liquor in accordance with subsection (c) |
26 | | of Section 6-31 of this Act. The transferred alcoholic liquor |
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| | SB1001 Enrolled | - 38 - | LRB102 04809 RPS 14828 b |
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1 | | may not be sold or resold in any form. An applicant for the |
2 | | craft distiller tasting permit license must also submit with |
3 | | the application proof satisfactory to the State Commission |
4 | | that the applicant will provide dram shop liability insurance |
5 | | to the maximum limits and have local authority approval. |
6 | | (t) A brewer warehouse permit may be issued to the holder |
7 | | of a class 1 brewer license or a class 2 brewer license. If the |
8 | | holder of the permit is a class 1 brewer licensee, the brewer |
9 | | warehouse permit shall allow the holder to store or warehouse |
10 | | up to 930,000 gallons of tax-determined beer manufactured by |
11 | | the holder of the permit at the premises specified on the |
12 | | permit. If the holder of the permit is a class 2 brewer |
13 | | licensee, the brewer warehouse permit shall allow the holder |
14 | | to store or warehouse up to 3,720,000 gallons of |
15 | | tax-determined beer manufactured by the holder of the permit |
16 | | at the premises specified on the permit. Sales to |
17 | | non-licensees are prohibited at the premises specified in the |
18 | | brewer warehouse permit. |
19 | | (u) A distilling pub license shall allow the licensee to |
20 | | only (i) manufacture up to 5,000 gallons of spirits per year |
21 | | only on the premises specified in the license, (ii) make sales |
22 | | of the spirits manufactured on the premises or, with the |
23 | | approval of the State Commission, spirits manufactured on |
24 | | another distilling pub licensed premises that is wholly owned |
25 | | and operated by the same licensee to importing distributors |
26 | | and distributors and to non-licensees for use and consumption, |
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| | SB1001 Enrolled | - 39 - | LRB102 04809 RPS 14828 b |
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1 | | (iii) store the spirits upon the premises, (iv) sell and offer |
2 | | for sale at retail from the licensed premises for off-premises |
3 | | consumption no more than 5,000 gallons per year so long as such |
4 | | sales are only made in-person, (v) sell and offer for sale at |
5 | | retail for use and consumption on the premises specified in |
6 | | the license any form of alcoholic liquor purchased from a |
7 | | licensed distributor or importing distributor, and (vi) with |
8 | | the prior approval of the State Commission, annually transfer |
9 | | no more than 5,000 gallons of spirits manufactured on the |
10 | | premises to a licensed distilling pub wholly owned and |
11 | | operated by the same licensee. |
12 | | A distilling pub licensee shall not under any circumstance |
13 | | sell or offer for sale spirits manufactured by the distilling |
14 | | pub licensee to retail licensees. |
15 | | A person who holds a class 2 craft distiller license may |
16 | | simultaneously hold a distilling pub license if the class 2 |
17 | | craft distiller (i) does not, under any circumstance, sell or |
18 | | offer for sale spirits manufactured by the class 2 craft |
19 | | distiller to retail licensees; (ii) does not hold more than 3 |
20 | | distilling pub licenses in this State; (iii) does not |
21 | | manufacture more than a combined 100,000 gallons of spirits |
22 | | per year, including the spirits manufactured at the distilling |
23 | | pub; and (iv) is not a member of or affiliated with, directly |
24 | | or indirectly, a manufacturer that produces more than 100,000 |
25 | | gallons of spirits per year or any other alcoholic liquor. |
26 | | (v) A craft distiller warehouse permit may be issued to |
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| | SB1001 Enrolled | - 40 - | LRB102 04809 RPS 14828 b |
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1 | | the holder of a class 1 craft distiller or class 2 craft |
2 | | distiller license. The craft distiller warehouse permit shall |
3 | | allow the holder to store or warehouse up to 500,000 gallons of |
4 | | spirits manufactured by the holder of the permit at the |
5 | | premises specified on the permit. Sales to non-licensees are |
6 | | prohibited at the premises specified in the craft distiller |
7 | | warehouse permit. |
8 | | (w) A beer showcase permit license shall allow an |
9 | | Illinois-licensed distributor to transfer a portion of its |
10 | | beer inventory from its licensed premises to the premises |
11 | | specified in the beer showcase permit license, and, in the |
12 | | case of a class 3 brewer, transfer only beer the class 3 brewer |
13 | | manufactures from its licensed premises to the premises |
14 | | specified in the beer showcase permit license; and to sell or |
15 | | offer for sale at retail, only in the premises specified in the |
16 | | beer showcase permit license, the transferred or delivered |
17 | | beer for on or off premise consumption, but not for resale in |
18 | | any form and to sell to non-licensees not more than 96 fluid |
19 | | ounces of beer per person. A beer showcase permit license may |
20 | | be granted for the following time periods: one day or less; or |
21 | | 2 or more days to a maximum of 15 days per location in any |
22 | | 12-month period. An applicant for a beer showcase permit |
23 | | license must also submit with the application proof |
24 | | satisfactory to the State Commission that the applicant will |
25 | | provide dram shop liability insurance to the maximum limits |
26 | | and have local authority approval. The State Commission shall |
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| | SB1001 Enrolled | - 41 - | LRB102 04809 RPS 14828 b |
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1 | | require the beer showcase applicant to comply with Section |
2 | | 6-27.1. |
3 | | (Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; |
4 | | 101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. |
5 | | 8-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22; |
6 | | 102-442, eff. 8-20-21; revised 2-28-22.)
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7 | | (235 ILCS 5/5-3) (from Ch. 43, par. 118) |
8 | | Sec. 5-3. License fees. Except as otherwise provided |
9 | | herein, at the time
application is made to the State |
10 | | Commission for a license of any class, the
applicant shall pay |
11 | | to the State Commission the fee hereinafter provided for
the |
12 | | kind of license applied for. |
13 | | The fee for licenses issued by the State Commission shall |
14 | | be as follows: |
|
15 | | | Online | Initial | |
16 | | | renewal | license | |
17 | | | | or | |
18 | | | | non-online | |
19 | | | | renewal |
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20 | | For a manufacturer's license: | | | |
21 | | Class 1. Distiller ................. | $4,000 | $5,000 | |
22 | | Class 2. Rectifier ................. | 4,000 | 5,000 | |
23 | | Class 3. Brewer .................... | 1,200 | 1,500 | |
24 | | Class 4. First-class Wine | | | |
25 | | Manufacturer ................... | 750 1,200 | 900 1,500 | |
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| | SB1001 Enrolled | - 42 - | LRB102 04809 RPS 14828 b |
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1 | | Class 5. Second-class | | | |
2 | | Wine Manufacturer .............. | 1,500 | 1,750 | |
3 | | Class 6. First-class wine-maker .... | 750 1,200 | 900 1,500 | |
4 | | Class 7. Second-class wine-maker ... | 1,500 | 1,750 | |
5 | | Class 8. Limited Wine | | | |
6 | | Manufacturer .................... | 250 | 350 | |
7 | | Class 9. Craft Distiller ............ | 2,000 | 2,500 | |
8 | | Class 10. Class 1 Craft Distiller ... | 50 | 75 | |
9 | | Class 11. Class 2 Craft Distiller ... | 75 | 100 | |
10 | | Class 12. Class 1 Brewer ............ | 50 | 75 | |
11 | | Class 13. Class 2 Brewer ............ | 75 | 100 | |
12 | | Class 14. Class 3 Brewer ............ | 25 | 50 | |
13 | | For a Brew Pub License .............. | 1,200 | 1,500 | |
14 | | For a Distilling Pub License ........ | 1,200 | 1,500 | |
15 | | For a caterer retailer's license .... | 350 | 500 | |
16 | | For a foreign importer's license ... | 25 | 25 | |
17 | | For an importing distributor's | | | |
18 | | license ......................... | 25 | 25 | |
19 | | For a distributor's license | | | |
20 | | (11,250,000 gallons | | | |
21 | | or over) ........................ | 1,450 | 2,200 | |
22 | | For a distributor's license | | | |
23 | | (over 4,500,000 gallons, but | | | |
24 | | under 11,250,000 gallons) ....... | 950 | 1,450 | |
25 | | For a distributor's license | | | |
26 | | (4,500,000 gallons or under) .... | 300 | 450 | |
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| | SB1001 Enrolled | - 43 - | LRB102 04809 RPS 14828 b |
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1 | | For a non-resident dealer's license | | | |
2 | | (500,000 gallons or over) | | | |
3 | | or with self-distribution | | | |
4 | | privileges ..................... | 1,200 | 1,500 | |
5 | | For a non-resident dealer's license | | | |
6 | | (under 500,000 gallons) ........ | 250 | 350 | |
7 | | For a wine-maker's premises | | | |
8 | | license ........................ | 250 | 500 | |
9 | | For a winery shipper's license | | | |
10 | | (under 250,000 gallons) ......... | 200 | 350 | |
11 | | For a winery shipper's license
| | | |
12 | | (250,000 or over, but | | | |
13 | | under 500,000 gallons) .......... | 750 | 1,000 | |
14 | | For a winery shipper's license
| | | |
15 | | (500,000 gallons or over) ....... | 1,200 | 1,500 | |
16 | | For a wine-maker's premises | | | |
17 | | license, second location ....... | 500 | 1,000 | |
18 | | For a wine-maker's premises | | | |
19 | | license, third location ........ | 500 | 1,000 | |
20 | | For a retailer's license ........... | 600 | 750 | |
21 | | For a special event retailer's | | | |
22 | | license, (not-for-profit) ...... | 25 | 25 | |
23 | | For a beer showcase permit license, | | | |
24 | | one day only ................... | 100 | 150 | |
25 | | 2 days or more ................. | 150 | 250 | |
26 | | For a special use permit license, | | | |
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| | SB1001 Enrolled | - 45 - | LRB102 04809 RPS 14828 b |
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1 | | license ......................... | 200 | 300 | |
2 | | For a brewer warehouse permit ....... | 25 | 25 | |
3 | | For a craft distiller | | | |
4 | | warehouse permit ............... | 25 | 25 |
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5 | | Fees collected under this Section shall be paid into the
|
6 | | Dram Shop Fund. On and after July 1, 2003 and until June 30, |
7 | | 2016, of the funds received for a
retailer's license, in
|
8 | | addition to the
first $175, an additional $75 shall be paid |
9 | | into the Dram Shop Fund, and $250
shall be
paid into the |
10 | | General Revenue Fund. On and after June 30, 2016, one-half of |
11 | | the funds received for a retailer's license shall be paid into |
12 | | the Dram Shop Fund and one-half of the funds received for a |
13 | | retailer's license shall be paid into the General Revenue |
14 | | Fund. Beginning June 30, 1990 and on June 30
of each
subsequent |
15 | | year through June 29, 2003, any balance over $5,000,000
|
16 | | remaining in the Dram Shop Fund
shall be credited to State |
17 | | liquor licensees and applied against their fees for
State |
18 | | liquor licenses for the following year. The amount credited to |
19 | | each
licensee shall be a proportion of the balance in the Dram |
20 | | Fund that is the
same as the proportion of the license fee paid |
21 | | by the licensee under
this Section for the period in which the |
22 | | balance was accumulated to the
aggregate fees paid by all |
23 | | licensees during that period. |
24 | | No fee shall be paid for licenses issued by the State |
25 | | Commission to
the following non-beverage users: |
26 | | (a) Hospitals, sanitariums, or clinics when their use |
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| | SB1001 Enrolled | - 46 - | LRB102 04809 RPS 14828 b |
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1 | | of alcoholic
liquor is exclusively medicinal, mechanical |
2 | | or scientific. |
3 | | (b) Universities, colleges of learning or schools when |
4 | | their use of
alcoholic liquor is exclusively medicinal, |
5 | | mechanical or scientific. |
6 | | (c) Laboratories when their use is exclusively for the |
7 | | purpose of
scientific research. |
8 | | (Source: P.A. 101-482, eff. 8-23-19; 101-615, eff. 12-20-19; |
9 | | 102-442, eff. 8-20-21; 102-558, eff. 8-20-21.)
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10 | | Section 99. Effective date. This Act takes effect upon |
11 | | becoming law.
|