Bill Text: IL SB1282 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Liquor Control Act of 1934. Removes provisions concerning third-party providers who ship wine on behalf of certain licensees, including reporting requirements, agency of a third-party provider, and rulemaking. Provides that grant funds from the Food and Drug Administration for conducting unannounced investigations of Illinois tobacco vendors are deposited into the Dram Shop Fund only until September 29, 2017. Removes an obsolete reporting requirement relating to compliance with the Federal ADAMHA Reorganization Act of 1992. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-05-05 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB1282 Detail]

Download: Illinois-2017-SB1282-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1282

Introduced 2/9/2017, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:
235 ILCS 5/3-12
235 ILCS 5/5-1 from Ch. 43, par. 115
235 ILCS 5/5-6

Amends the Liquor Control Act of 1934. Removes provisions concerning third-party providers who ship wine on behalf of certain licensees, including reporting requirements, agency of a third-party provider, and rulemaking. Provides that grant funds from the Food and Drug Administration for conducting unannounced investigations of Illinois tobacco vendors are deposited into the Dram Shop Fund only until September 29, 2017. Removes an obsolete reporting requirement relating to compliance with the Federal ADAMHA Reorganization Act of 1992. Effective immediately.
LRB100 10282 RPS 20469 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB1282LRB100 10282 RPS 20469 b
1 AN ACT concerning liquor.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 3-12, 5-1, and 5-6 as follows:
6 (235 ILCS 5/3-12)
7 Sec. 3-12. Powers and duties of State Commission.
8 (a) The State commission shall have the following powers,
9functions, and duties:
10 (1) To receive applications and to issue licenses to
11 manufacturers, foreign importers, importing distributors,
12 distributors, non-resident dealers, on premise consumption
13 retailers, off premise sale retailers, special event
14 retailer licensees, special use permit licenses, auction
15 liquor licenses, brew pubs, caterer retailers,
16 non-beverage users, railroads, including owners and
17 lessees of sleeping, dining and cafe cars, airplanes,
18 boats, brokers, and wine maker's premises licensees in
19 accordance with the provisions of this Act, and to suspend
20 or revoke such licenses upon the State commission's
21 determination, upon notice after hearing, that a licensee
22 has violated any provision of this Act or any rule or
23 regulation issued pursuant thereto and in effect for 30

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1 days prior to such violation. Except in the case of an
2 action taken pursuant to a violation of Section 6-3, 6-5,
3 or 6-9, any action by the State Commission to suspend or
4 revoke a licensee's license may be limited to the license
5 for the specific premises where the violation occurred.
6 In lieu of suspending or revoking a license, the
7 commission may impose a fine, upon the State commission's
8 determination and notice after hearing, that a licensee has
9 violated any provision of this Act or any rule or
10 regulation issued pursuant thereto and in effect for 30
11 days prior to such violation.
12 For the purpose of this paragraph (1), when determining
13 multiple violations for the sale of alcohol to a person
14 under the age of 21, a second or subsequent violation for
15 the sale of alcohol to a person under the age of 21 shall
16 only be considered if it was committed within 5 years after
17 the date when a prior violation for the sale of alcohol to
18 a person under the age of 21 was committed.
19 The fine imposed under this paragraph may not exceed
20 $500 for each violation. Each day that the activity, which
21 gave rise to the original fine, continues is a separate
22 violation. The maximum fine that may be levied against any
23 licensee, for the period of the license, shall not exceed
24 $20,000. The maximum penalty that may be imposed on a
25 licensee for selling a bottle of alcoholic liquor with a
26 foreign object in it or serving from a bottle of alcoholic

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1 liquor with a foreign object in it shall be the destruction
2 of that bottle of alcoholic liquor for the first 10 bottles
3 so sold or served from by the licensee. For the eleventh
4 bottle of alcoholic liquor and for each third bottle
5 thereafter sold or served from by the licensee with a
6 foreign object in it, the maximum penalty that may be
7 imposed on the licensee is the destruction of the bottle of
8 alcoholic liquor and a fine of up to $50.
9 (2) To adopt such rules and regulations consistent with
10 the provisions of this Act which shall be necessary to
11 carry on its functions and duties to the end that the
12 health, safety and welfare of the People of the State of
13 Illinois shall be protected and temperance in the
14 consumption of alcoholic liquors shall be fostered and
15 promoted and to distribute copies of such rules and
16 regulations to all licensees affected thereby.
17 (3) To call upon other administrative departments of
18 the State, county and municipal governments, county and
19 city police departments and upon prosecuting officers for
20 such information and assistance as it deems necessary in
21 the performance of its duties.
22 (4) To recommend to local commissioners rules and
23 regulations, not inconsistent with the law, for the
24 distribution and sale of alcoholic liquors throughout the
25 State.
26 (5) To inspect, or cause to be inspected, any premises

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1 in this State where alcoholic liquors are manufactured,
2 distributed, warehoused, or sold. Nothing in this Act
3 authorizes an agent of the Commission to inspect private
4 areas within the premises without reasonable suspicion or a
5 warrant during an inspection. "Private areas" include, but
6 are not limited to, safes, personal property, and closed
7 desks.
8 (5.1) Upon receipt of a complaint or upon having
9 knowledge that any person is engaged in business as a
10 manufacturer, importing distributor, distributor, or
11 retailer without a license or valid license, to notify the
12 local liquor authority, file a complaint with the State's
13 Attorney's Office of the county where the incident
14 occurred, or initiate an investigation with the
15 appropriate law enforcement officials.
16 (5.2) To issue a cease and desist notice to persons
17 shipping alcoholic liquor into this State from a point
18 outside of this State if the shipment is in violation of
19 this Act.
20 (5.3) To receive complaints from licensees, local
21 officials, law enforcement agencies, organizations, and
22 persons stating that any licensee has been or is violating
23 any provision of this Act or the rules and regulations
24 issued pursuant to this Act. Such complaints shall be in
25 writing, signed and sworn to by the person making the
26 complaint, and shall state with specificity the facts in

SB1282- 5 -LRB100 10282 RPS 20469 b
1 relation to the alleged violation. If the Commission has
2 reasonable grounds to believe that the complaint
3 substantially alleges a violation of this Act or rules and
4 regulations adopted pursuant to this Act, it shall conduct
5 an investigation. If, after conducting an investigation,
6 the Commission is satisfied that the alleged violation did
7 occur, it shall proceed with disciplinary action against
8 the licensee as provided in this Act.
9 (6) To hear and determine appeals from orders of a
10 local commission in accordance with the provisions of this
11 Act, as hereinafter set forth. Hearings under this
12 subsection shall be held in Springfield or Chicago, at
13 whichever location is the more convenient for the majority
14 of persons who are parties to the hearing.
15 (7) The commission shall establish uniform systems of
16 accounts to be kept by all retail licensees having more
17 than 4 employees, and for this purpose the commission may
18 classify all retail licensees having more than 4 employees
19 and establish a uniform system of accounts for each class
20 and prescribe the manner in which such accounts shall be
21 kept. The commission may also prescribe the forms of
22 accounts to be kept by all retail licensees having more
23 than 4 employees, including but not limited to accounts of
24 earnings and expenses and any distribution, payment, or
25 other distribution of earnings or assets, and any other
26 forms, records and memoranda which in the judgment of the

SB1282- 6 -LRB100 10282 RPS 20469 b
1 commission may be necessary or appropriate to carry out any
2 of the provisions of this Act, including but not limited to
3 such forms, records and memoranda as will readily and
4 accurately disclose at all times the beneficial ownership
5 of such retail licensed business. The accounts, forms,
6 records and memoranda shall be available at all reasonable
7 times for inspection by authorized representatives of the
8 State commission or by any local liquor control
9 commissioner or his or her authorized representative. The
10 commission, may, from time to time, alter, amend or repeal,
11 in whole or in part, any uniform system of accounts, or the
12 form and manner of keeping accounts.
13 (8) In the conduct of any hearing authorized to be held
14 by the commission, to appoint, at the commission's
15 discretion, hearing officers to conduct hearings involving
16 complex issues or issues that will require a protracted
17 period of time to resolve, to examine, or cause to be
18 examined, under oath, any licensee, and to examine or cause
19 to be examined the books and records of such licensee; to
20 hear testimony and take proof material for its information
21 in the discharge of its duties hereunder; to administer or
22 cause to be administered oaths; for any such purpose to
23 issue subpoena or subpoenas to require the attendance of
24 witnesses and the production of books, which shall be
25 effective in any part of this State, and to adopt rules to
26 implement its powers under this paragraph (8).

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1 Any Circuit Court may by order duly entered, require
2 the attendance of witnesses and the production of relevant
3 books subpoenaed by the State commission and the court may
4 compel obedience to its order by proceedings for contempt.
5 (9) To investigate the administration of laws in
6 relation to alcoholic liquors in this and other states and
7 any foreign countries, and to recommend from time to time
8 to the Governor and through him or her to the legislature
9 of this State, such amendments to this Act, if any, as it
10 may think desirable and as will serve to further the
11 general broad purposes contained in Section 1-2 hereof.
12 (10) To adopt such rules and regulations consistent
13 with the provisions of this Act which shall be necessary
14 for the control, sale or disposition of alcoholic liquor
15 damaged as a result of an accident, wreck, flood, fire or
16 other similar occurrence.
17 (11) To develop industry educational programs related
18 to responsible serving and selling, particularly in the
19 areas of overserving consumers and illegal underage
20 purchasing and consumption of alcoholic beverages.
21 (11.1) To license persons providing education and
22 training to alcohol beverage sellers and servers for
23 mandatory and non-mandatory training under the Beverage
24 Alcohol Sellers and Servers Education and Training
25 (BASSET) programs and to develop and administer a public
26 awareness program in Illinois to reduce or eliminate the

SB1282- 8 -LRB100 10282 RPS 20469 b
1 illegal purchase and consumption of alcoholic beverage
2 products by persons under the age of 21. Application for a
3 license shall be made on forms provided by the State
4 Commission.
5 (12) To develop and maintain a repository of license
6 and regulatory information.
7 (13) (Blank). On or before January 15, 1994, the
8 Commission shall issue a written report to the Governor and
9 General Assembly that is to be based on a comprehensive
10 study of the impact on and implications for the State of
11 Illinois of Section 1926 of the Federal ADAMHA
12 Reorganization Act of 1992 (Public Law 102-321). This study
13 shall address the extent to which Illinois currently
14 complies with the provisions of P.L. 102-321 and the rules
15 promulgated pursuant thereto.
16 As part of its report, the Commission shall provide the
17 following essential information:
18 (i) the number of retail distributors of tobacco
19 products, by type and geographic area, in the State;
20 (ii) the number of reported citations and
21 successful convictions, categorized by type and
22 location of retail distributor, for violation of the
23 Prevention of Tobacco Use by Minors and Sale and
24 Distribution of Tobacco Products Act and the Smokeless
25 Tobacco Limitation Act;
26 (iii) the extent and nature of organized

SB1282- 9 -LRB100 10282 RPS 20469 b
1 educational and governmental activities that are
2 intended to promote, encourage or otherwise secure
3 compliance with any Illinois laws that prohibit the
4 sale or distribution of tobacco products to minors; and
5 (iv) the level of access and availability of
6 tobacco products to individuals under the age of 18.
7 To obtain the data necessary to comply with the
8 provisions of P.L. 102-321 and the requirements of this
9 report, the Commission shall conduct random, unannounced
10 inspections of a geographically and scientifically
11 representative sample of the State's retail tobacco
12 distributors.
13 The Commission shall consult with the Department of
14 Public Health, the Department of Human Services, the
15 Illinois State Police and any other executive branch
16 agency, and private organizations that may have
17 information relevant to this report.
18 The Commission may contract with the Food and Drug
19 Administration of the U.S. Department of Health and Human
20 Services to conduct unannounced investigations of Illinois
21 tobacco vendors to determine compliance with federal laws
22 relating to the illegal sale of cigarettes and smokeless
23 tobacco products to persons under the age of 18.
24 (14) On or before April 30, 2008 and every 2 years
25 thereafter, the Commission shall present a written report
26 to the Governor and the General Assembly that shall be

SB1282- 10 -LRB100 10282 RPS 20469 b
1 based on a study of the impact of Public Act 95-634 this
2 amendatory Act of the 95th General Assembly on the business
3 of soliciting, selling, and shipping wine from inside and
4 outside of this State directly to residents of this State.
5 As part of its report, the Commission shall provide all of
6 the following information:
7 (A) The amount of State excise and sales tax
8 revenues generated.
9 (B) The amount of licensing fees received.
10 (C) The number of cases of wine shipped from inside
11 and outside of this State directly to residents of this
12 State.
13 (D) The number of alcohol compliance operations
14 conducted.
15 (E) The number of winery shipper's licenses
16 issued.
17 (F) The number of each of the following: reported
18 violations; cease and desist notices issued by the
19 Commission; notices of violations issued by the
20 Commission and to the Department of Revenue; and
21 notices and complaints of violations to law
22 enforcement officials, including, without limitation,
23 the Illinois Attorney General and the U.S. Department
24 of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
25 (15) As a means to reduce the underage consumption of
26 alcoholic liquors, the Commission shall conduct alcohol

SB1282- 11 -LRB100 10282 RPS 20469 b
1 compliance operations to investigate whether businesses
2 that are soliciting, selling, and shipping wine from inside
3 or outside of this State directly to residents of this
4 State are licensed by this State or are selling or
5 attempting to sell wine to persons under 21 years of age in
6 violation of this Act.
7 (16) The Commission shall, in addition to notifying any
8 appropriate law enforcement agency, submit notices of
9 complaints or violations of Sections 6-29 and 6-29.1 by
10 persons who do not hold a winery shipper's license under
11 this amendatory Act to the Illinois Attorney General and to
12 the U.S. Department of Treasury's Alcohol and Tobacco Tax
13 and Trade Bureau.
14 (17) (A) A person licensed to make wine under the laws
15 of another state who has a winery shipper's license under
16 this amendatory Act and annually produces less than 25,000
17 gallons of wine or a person who has a first-class or
18 second-class wine manufacturer's license, a first-class or
19 second-class wine-maker's license, or a limited wine
20 manufacturer's license under this Act and annually
21 produces less than 25,000 gallons of wine may make
22 application to the Commission for a self-distribution
23 exemption to allow the sale of not more than 5,000 gallons
24 of the exemption holder's wine to retail licensees per
25 year.
26 (B) In the application, which shall be sworn under

SB1282- 12 -LRB100 10282 RPS 20469 b
1 penalty of perjury, such person shall state (1) the
2 date it was established; (2) its volume of production
3 and sales for each year since its establishment; (3)
4 its efforts to establish distributor relationships;
5 (4) that a self-distribution exemption is necessary to
6 facilitate the marketing of its wine; and (5) that it
7 will comply with the liquor and revenue laws of the
8 United States, this State, and any other state where it
9 is licensed.
10 (C) The Commission shall approve the application
11 for a self-distribution exemption if such person: (1)
12 is in compliance with State revenue and liquor laws;
13 (2) is not a member of any affiliated group that
14 produces more than 25,000 gallons of wine per annum or
15 produces any other alcoholic liquor; (3) will not
16 annually produce for sale more than 25,000 gallons of
17 wine; and (4) will not annually sell more than 5,000
18 gallons of its wine to retail licensees.
19 (D) A self-distribution exemption holder shall
20 annually certify to the Commission its production of
21 wine in the previous 12 months and its anticipated
22 production and sales for the next 12 months. The
23 Commission may fine, suspend, or revoke a
24 self-distribution exemption after a hearing if it
25 finds that the exemption holder has made a material
26 misrepresentation in its application, violated a

SB1282- 13 -LRB100 10282 RPS 20469 b
1 revenue or liquor law of Illinois, exceeded production
2 of 25,000 gallons of wine in any calendar year, or
3 become part of an affiliated group producing more than
4 25,000 gallons of wine or any other alcoholic liquor.
5 (E) Except in hearings for violations of this Act
6 or Public Act 95-634 amendatory Act or a bona fide
7 investigation by duly sworn law enforcement officials,
8 the Commission, or its agents, the Commission shall
9 maintain the production and sales information of a
10 self-distribution exemption holder as confidential and
11 shall not release such information to any person.
12 (F) The Commission shall issue regulations
13 governing self-distribution exemptions consistent with
14 this Section and this Act.
15 (G) Nothing in this subsection (17) shall prohibit
16 a self-distribution exemption holder from entering
17 into or simultaneously having a distribution agreement
18 with a licensed Illinois distributor.
19 (H) It is the intent of this subsection (17) to
20 promote and continue orderly markets. The General
21 Assembly finds that in order to preserve Illinois'
22 regulatory distribution system it is necessary to
23 create an exception for smaller makers of wine as their
24 wines are frequently adjusted in varietals, mixes,
25 vintages, and taste to find and create market niches
26 sometimes too small for distributor or importing

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1 distributor business strategies. Limited
2 self-distribution rights will afford and allow smaller
3 makers of wine access to the marketplace in order to
4 develop a customer base without impairing the
5 integrity of the 3-tier system.
6 (18) (A) A class 1 brewer licensee, who must also be
7 either a licensed brewer or licensed non-resident dealer
8 and annually manufacture less than 930,000 gallons of beer,
9 may make application to the State Commission for a
10 self-distribution exemption to allow the sale of not more
11 than 232,500 gallons of the exemption holder's beer to
12 retail licensees per year.
13 (B) In the application, which shall be sworn under
14 penalty of perjury, the class 1 brewer licensee shall
15 state (1) the date it was established; (2) its volume
16 of beer manufactured and sold for each year since its
17 establishment; (3) its efforts to establish
18 distributor relationships; (4) that a
19 self-distribution exemption is necessary to facilitate
20 the marketing of its beer; and (5) that it will comply
21 with the alcoholic beverage and revenue laws of the
22 United States, this State, and any other state where it
23 is licensed.
24 (C) Any application submitted shall be posted on
25 the State Commission's website at least 45 days prior
26 to action by the State Commission. The State Commission

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1 shall approve the application for a self-distribution
2 exemption if the class 1 brewer licensee: (1) is in
3 compliance with the State, revenue, and alcoholic
4 beverage laws; (2) is not a member of any affiliated
5 group that manufactures manufacturers more than
6 930,000 gallons of beer per annum or produces any other
7 alcoholic beverages; (3) shall not annually
8 manufacture for sale more than 930,000 gallons of beer;
9 (4) shall not annually sell more than 232,500 gallons
10 of its beer to retail licensees; and (5) has
11 relinquished any brew pub license held by the licensee,
12 including any ownership interest it held in the
13 licensed brew pub.
14 (D) A self-distribution exemption holder shall
15 annually certify to the State Commission its
16 manufacture of beer during the previous 12 months and
17 its anticipated manufacture and sales of beer for the
18 next 12 months. The State Commission may fine, suspend,
19 or revoke a self-distribution exemption after a
20 hearing if it finds that the exemption holder has made
21 a material misrepresentation in its application,
22 violated a revenue or alcoholic beverage law of
23 Illinois, exceeded the manufacture of 930,000 gallons
24 of beer in any calendar year or became part of an
25 affiliated group manufacturing more than 930,000
26 gallons of beer or any other alcoholic beverage.

SB1282- 16 -LRB100 10282 RPS 20469 b
1 (E) The State Commission shall issue rules and
2 regulations governing self-distribution exemptions
3 consistent with this Act.
4 (F) Nothing in this paragraph (18) shall prohibit a
5 self-distribution exemption holder from entering into
6 or simultaneously having a distribution agreement with
7 a licensed Illinois importing distributor or a
8 distributor. If a self-distribution exemption holder
9 enters into a distribution agreement and has assigned
10 distribution rights to an importing distributor or
11 distributor, then the self-distribution exemption
12 holder's distribution rights in the assigned
13 territories shall cease in a reasonable time not to
14 exceed 60 days.
15 (G) It is the intent of this paragraph (18) to
16 promote and continue orderly markets. The General
17 Assembly finds that in order to preserve Illinois'
18 regulatory distribution system, it is necessary to
19 create an exception for smaller manufacturers in order
20 to afford and allow such smaller manufacturers of beer
21 access to the marketplace in order to develop a
22 customer base without impairing the integrity of the
23 3-tier system.
24 (b) On or before April 30, 1999, the Commission shall
25present a written report to the Governor and the General
26Assembly that shall be based on a study of the impact of Public

SB1282- 17 -LRB100 10282 RPS 20469 b
1Act 90-739 this amendatory Act of 1998 on the business of
2soliciting, selling, and shipping alcoholic liquor from
3outside of this State directly to residents of this State.
4 As part of its report, the Commission shall provide the
5following information:
6 (i) the amount of State excise and sales tax revenues
7 generated as a result of Public Act 90-739 this amendatory
8 Act of 1998;
9 (ii) the amount of licensing fees received as a result
10 of Public Act 90-739 this amendatory Act of 1998;
11 (iii) the number of reported violations, the number of
12 cease and desist notices issued by the Commission, the
13 number of notices of violations issued to the Department of
14 Revenue, and the number of notices and complaints of
15 violations to law enforcement officials.
16(Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15;
1798-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;
18revised 9-13-16.)
19 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
20 Sec. 5-1. Licenses issued by the Illinois Liquor Control
21Commission shall be of the following classes:
22 (a) Manufacturer's license - Class 1. Distiller, Class 2.
23Rectifier, Class 3. Brewer, Class 4. First Class Wine
24Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
25First Class Winemaker, Class 7. Second Class Winemaker, Class

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18. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
210. Class 1 Brewer, Class 11. Class 2 Brewer,
3 (b) Distributor's license,
4 (c) Importing Distributor's license,
5 (d) Retailer's license,
6 (e) Special Event Retailer's license (not-for-profit),
7 (f) Railroad license,
8 (g) Boat license,
9 (h) Non-Beverage User's license,
10 (i) Wine-maker's premises license,
11 (j) Airplane license,
12 (k) Foreign importer's license,
13 (l) Broker's license,
14 (m) Non-resident dealer's license,
15 (n) Brew Pub license,
16 (o) Auction liquor license,
17 (p) Caterer retailer license,
18 (q) Special use permit license,
19 (r) Winery shipper's license,
20 (s) Craft distiller tasting permit.
21 No person, firm, partnership, corporation, or other legal
22business entity that is engaged in the manufacturing of wine
23may concurrently obtain and hold a wine-maker's license and a
24wine manufacturer's license.
25 (a) A manufacturer's license shall allow the manufacture,
26importation in bulk, storage, distribution and sale of

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

SB1282- 20 -LRB100 10282 RPS 20469 b
1Act 95-634), is a holder of a first-class wine-maker's license
2and annually produces more than 25,000 gallons of its own wine
3and who distributes its wine to licensed retailers shall cease
4this practice on or before July 1, 2008 in compliance with
5Public Act 95-634.
6 Class 7. A second-class wine-maker's license shall allow
7the manufacture of between 50,000 and 150,000 gallons of wine
8per year, and the storage and sale of such wine to distributors
9in this State and to persons without the State, as may be
10permitted by law. A person who, prior to June 1, 2008 (the
11effective date of Public Act 95-634), is a holder of a
12second-class wine-maker's license and annually produces more
13than 25,000 gallons of its own wine and who distributes its
14wine to licensed retailers shall cease this practice on or
15before July 1, 2008 in compliance with Public Act 95-634.
16 Class 8. A limited wine-manufacturer may make sales and
17deliveries not to exceed 40,000 gallons of wine per year to
18distributors, and to non-licensees in accordance with the
19provisions of this Act.
20 Class 9. A craft distiller license shall allow the
21manufacture of up to 100,000 March 1, 2013 (Public Act 97-1166)
22gallons of spirits by distillation per year and the storage of
23such spirits. If a craft distiller licensee, including a craft
24distiller licensee who holds more than one craft distiller
25license, is not affiliated with any other manufacturer of
26spirits, then the craft distiller licensee may sell such

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1spirits to distributors in this State and up to 2,500 gallons
2of such spirits to non-licensees to the extent permitted by any
3exemption approved by the Commission pursuant to Section 6-4 of
4this Act. A craft distiller license holder may store such
5spirits at a non-contiguous licensed location, but at no time
6shall a craft distiller license holder directly or indirectly
7produce in the aggregate more than 100,000 gallons of spirits
8per year.
9 A craft distiller licensee may hold more than one craft
10distiller's license. However, a craft distiller that holds more
11than one craft distiller license shall not manufacture, in the
12aggregate, more than 100,000 gallons of spirits by distillation
13per year and shall not sell, in the aggregate, more than 2,500
14gallons of such spirits to non-licensees in accordance with an
15exemption approved by the State Commission pursuant to Section
166-4 of this Act.
17 Any craft distiller licensed under this Act who on July 28,
182010 (the effective date of Public Act 96-1367) was licensed as
19a distiller and manufactured no more spirits than permitted by
20this Section shall not be required to pay the initial licensing
21fee.
22 Class 10. A class 1 brewer license, which may only be
23issued to a licensed brewer or licensed non-resident dealer,
24shall allow the manufacture of up to 930,000 gallons of beer
25per year provided that the class 1 brewer licensee does not
26manufacture more than a combined 930,000 gallons of beer per

SB1282- 22 -LRB100 10282 RPS 20469 b
1year and is not a member of or affiliated with, directly or
2indirectly, a manufacturer that produces more than 930,000
3gallons of beer per year or any other alcoholic liquor. A class
41 brewer licensee may make sales and deliveries to importing
5distributors and distributors and to retail licensees in
6accordance with the conditions set forth in paragraph (18) of
7subsection (a) of Section 3-12 of this Act.
8 Class 11. A class 2 brewer license, which may only be
9issued to a licensed brewer or licensed non-resident dealer,
10shall allow the manufacture of up to 3,720,000 gallons of beer
11per year provided that the class 2 brewer licensee does not
12manufacture more than a combined 3,720,000 gallons of beer per
13year and is not a member of or affiliated with, directly or
14indirectly, a manufacturer that produces more than 3,720,000
15gallons of beer per year or any other alcoholic liquor. A class
162 brewer licensee may make sales and deliveries to importing
17distributors and distributors, but shall not make sales or
18deliveries to any other licensee. If the State Commission
19provides prior approval, a class 2 brewer licensee may annually
20transfer up to 3,720,000 gallons of beer manufactured by that
21class 2 brewer licensee to the premises of a licensed class 2
22brewer wholly owned and operated by the same licensee.
23 (a-1) A manufacturer which is licensed in this State to
24make sales or deliveries of alcoholic liquor to licensed
25distributors or importing distributors and which enlists
26agents, representatives, or individuals acting on its behalf

SB1282- 23 -LRB100 10282 RPS 20469 b
1who contact licensed retailers on a regular and continual basis
2in this State must register those agents, representatives, or
3persons acting on its behalf with the State Commission.
4 Registration of agents, representatives, or persons acting
5on behalf of a manufacturer is fulfilled by submitting a form
6to the Commission. The form shall be developed by the
7Commission and shall include the name and address of the
8applicant, the name and address of the manufacturer he or she
9represents, the territory or areas assigned to sell to or
10discuss pricing terms of alcoholic liquor, and any other
11questions deemed appropriate and necessary. All statements in
12the forms required to be made by law or by rule shall be deemed
13material, and any person who knowingly misstates any material
14fact under oath in an application is guilty of a Class B
15misdemeanor. Fraud, misrepresentation, false statements,
16misleading statements, evasions, or suppression of material
17facts in the securing of a registration are grounds for
18suspension or revocation of the registration. The State
19Commission shall post a list of registered agents on the
20Commission's website.
21 (b) A distributor's license shall allow the wholesale
22purchase and storage of alcoholic liquors and sale of alcoholic
23liquors to licensees in this State and to persons without the
24State, as may be permitted by law. No person licensed as a
25distributor shall be granted a non-resident dealer's license.
26 (c) An importing distributor's license may be issued to and

SB1282- 24 -LRB100 10282 RPS 20469 b
1held by those only who are duly licensed distributors, upon the
2filing of an application by a duly licensed distributor, with
3the Commission and the Commission shall, without the payment of
4any fee, immediately issue such importing distributor's
5license to the applicant, which shall allow the importation of
6alcoholic liquor by the licensee into this State from any point
7in the United States outside this State, and the purchase of
8alcoholic liquor in barrels, casks or other bulk containers and
9the bottling of such alcoholic liquors before resale thereof,
10but all bottles or containers so filled shall be sealed,
11labeled, stamped and otherwise made to comply with all
12provisions, rules and regulations governing manufacturers in
13the preparation and bottling of alcoholic liquors. The
14importing distributor's license shall permit such licensee to
15purchase alcoholic liquor from Illinois licensed non-resident
16dealers and foreign importers only. No person licensed as an
17importing distributor shall be granted a non-resident dealer's
18license.
19 (d) A retailer's license shall allow the licensee to sell
20and offer for sale at retail, only in the premises specified in
21the license, alcoholic liquor for use or consumption, but not
22for resale in any form. Nothing in Public Act 95-634 shall
23deny, limit, remove, or restrict the ability of a holder of a
24retailer's license to transfer, deliver, or ship alcoholic
25liquor to the purchaser for use or consumption subject to any
26applicable local law or ordinance. Any retail license issued to

SB1282- 25 -LRB100 10282 RPS 20469 b
1a manufacturer shall only permit the manufacturer to sell beer
2at retail on the premises actually occupied by the
3manufacturer. For the purpose of further describing the type of
4business conducted at a retail licensed premises, a retailer's
5licensee may be designated by the State Commission as (i) an on
6premise consumption retailer, (ii) an off premise sale
7retailer, or (iii) a combined on premise consumption and off
8premise sale retailer.
9 Notwithstanding any other provision of this subsection
10(d), a retail licensee may sell alcoholic liquors to a special
11event retailer licensee for resale to the extent permitted
12under subsection (e).
13 (e) A special event retailer's license (not-for-profit)
14shall permit the licensee to purchase alcoholic liquors from an
15Illinois licensed distributor (unless the licensee purchases
16less than $500 of alcoholic liquors for the special event, in
17which case the licensee may purchase the alcoholic liquors from
18a licensed retailer) and shall allow the licensee to sell and
19offer for sale, at retail, alcoholic liquors for use or
20consumption, but not for resale in any form and only at the
21location and on the specific dates designated for the special
22event in the license. An applicant for a special event retailer
23license must (i) furnish with the application: (A) a resale
24number issued under Section 2c of the Retailers' Occupation Tax
25Act or evidence that the applicant is registered under Section
262a of the Retailers' Occupation Tax Act, (B) a current, valid

SB1282- 26 -LRB100 10282 RPS 20469 b
1exemption identification number issued under Section 1g of the
2Retailers' Occupation Tax Act, and a certification to the
3Commission that the purchase of alcoholic liquors will be a
4tax-exempt purchase, or (C) a statement that the applicant is
5not registered under Section 2a of the Retailers' Occupation
6Tax Act, does not hold a resale number under Section 2c of the
7Retailers' Occupation Tax Act, and does not hold an exemption
8number under Section 1g of the Retailers' Occupation Tax Act,
9in which event the Commission shall set forth on the special
10event retailer's license a statement to that effect; (ii)
11submit with the application proof satisfactory to the State
12Commission that the applicant will provide dram shop liability
13insurance in the maximum limits; and (iii) show proof
14satisfactory to the State Commission that the applicant has
15obtained local authority approval.
16 (f) A railroad license shall permit the licensee to import
17alcoholic liquors into this State from any point in the United
18States outside this State and to store such alcoholic liquors
19in this State; to make wholesale purchases of alcoholic liquors
20directly from manufacturers, foreign importers, distributors
21and importing distributors from within or outside this State;
22and to store such alcoholic liquors in this State; provided
23that the above powers may be exercised only in connection with
24the importation, purchase or storage of alcoholic liquors to be
25sold or dispensed on a club, buffet, lounge or dining car
26operated on an electric, gas or steam railway in this State;

SB1282- 27 -LRB100 10282 RPS 20469 b
1and provided further, that railroad licensees exercising the
2above powers shall be subject to all provisions of Article VIII
3of this Act as applied to importing distributors. A railroad
4license shall also permit the licensee to sell or dispense
5alcoholic liquors on any club, buffet, lounge or dining car
6operated on an electric, gas or steam railway regularly
7operated by a common carrier in this State, but shall not
8permit the sale for resale of any alcoholic liquors to any
9licensee within this State. A license shall be obtained for
10each car in which such sales are made.
11 (g) A boat license shall allow the sale of alcoholic liquor
12in individual drinks, on any passenger boat regularly operated
13as a common carrier on navigable waters in this State or on any
14riverboat operated under the Riverboat Gambling Act, which boat
15or riverboat maintains a public dining room or restaurant
16thereon.
17 (h) A non-beverage user's license shall allow the licensee
18to purchase alcoholic liquor from a licensed manufacturer or
19importing distributor, without the imposition of any tax upon
20the business of such licensed manufacturer or importing
21distributor as to such alcoholic liquor to be used by such
22licensee solely for the non-beverage purposes set forth in
23subsection (a) of Section 8-1 of this Act, and such licenses
24shall be divided and classified and shall permit the purchase,
25possession and use of limited and stated quantities of
26alcoholic liquor as follows:

SB1282- 28 -LRB100 10282 RPS 20469 b
1Class 1, not to exceed ......................... 500 gallons
2Class 2, not to exceed ....................... 1,000 gallons
3Class 3, not to exceed ....................... 5,000 gallons
4Class 4, not to exceed ...................... 10,000 gallons
5Class 5, not to exceed ....................... 50,000 gallons
6 (i) A wine-maker's premises license shall allow a licensee
7that concurrently holds a first-class wine-maker's license to
8sell and offer for sale at retail in the premises specified in
9such license not more than 50,000 gallons of the first-class
10wine-maker's wine that is made at the first-class wine-maker's
11licensed premises per year for use or consumption, but not for
12resale in any form. A wine-maker's premises license shall allow
13a licensee who concurrently holds a second-class wine-maker's
14license to sell and offer for sale at retail in the premises
15specified in such license up to 100,000 gallons of the
16second-class wine-maker's wine that is made at the second-class
17wine-maker's licensed premises per year for use or consumption
18but not for resale in any form. A wine-maker's premises license
19shall allow a licensee that concurrently holds a first-class
20wine-maker's license or a second-class wine-maker's license to
21sell and offer for sale at retail at the premises specified in
22the wine-maker's premises license, for use or consumption but
23not for resale in any form, any beer, wine, and spirits
24purchased from a licensed distributor. Upon approval from the
25State Commission, a wine-maker's premises license shall allow
26the licensee to sell and offer for sale at (i) the wine-maker's

SB1282- 29 -LRB100 10282 RPS 20469 b
1licensed premises and (ii) at up to 2 additional locations for
2use and consumption and not for resale. Each location shall
3require additional licensing per location as specified in
4Section 5-3 of this Act. A wine-maker's premises licensee shall
5secure liquor liability insurance coverage in an amount at
6least equal to the maximum liability amounts set forth in
7subsection (a) of Section 6-21 of this Act.
8 (j) An airplane license shall permit the licensee to import
9alcoholic liquors into this State from any point in the United
10States outside this State and to store such alcoholic liquors
11in this State; to make wholesale purchases of alcoholic liquors
12directly from manufacturers, foreign importers, distributors
13and importing distributors from within or outside this State;
14and to store such alcoholic liquors in this State; provided
15that the above powers may be exercised only in connection with
16the importation, purchase or storage of alcoholic liquors to be
17sold or dispensed on an airplane; and provided further, that
18airplane licensees exercising the above powers shall be subject
19to all provisions of Article VIII of this Act as applied to
20importing distributors. An airplane licensee shall also permit
21the sale or dispensing of alcoholic liquors on any passenger
22airplane regularly operated by a common carrier in this State,
23but shall not permit the sale for resale of any alcoholic
24liquors to any licensee within this State. A single airplane
25license shall be required of an airline company if liquor
26service is provided on board aircraft in this State. The annual

SB1282- 30 -LRB100 10282 RPS 20469 b
1fee for such license shall be as determined in Section 5-3.
2 (k) A foreign importer's license shall permit such licensee
3to purchase alcoholic liquor from Illinois licensed
4non-resident dealers only, and to import alcoholic liquor other
5than in bulk from any point outside the United States and to
6sell such alcoholic liquor to Illinois licensed importing
7distributors and to no one else in Illinois; provided that (i)
8the foreign importer registers with the State Commission every
9brand of alcoholic liquor that it proposes to sell to Illinois
10licensees during the license period, (ii) the foreign importer
11complies with all of the provisions of Section 6-9 of this Act
12with respect to registration of such Illinois licensees as may
13be granted the right to sell such brands at wholesale, and
14(iii) the foreign importer complies with the provisions of
15Sections 6-5 and 6-6 of this Act to the same extent that these
16provisions apply to manufacturers.
17 (l) (i) A broker's license shall be required of all persons
18who solicit orders for, offer to sell or offer to supply
19alcoholic liquor to retailers in the State of Illinois, or who
20offer to retailers to ship or cause to be shipped or to make
21contact with distillers, rectifiers, brewers or manufacturers
22or any other party within or without the State of Illinois in
23order that alcoholic liquors be shipped to a distributor,
24importing distributor or foreign importer, whether such
25solicitation or offer is consummated within or without the
26State of Illinois.

SB1282- 31 -LRB100 10282 RPS 20469 b
1 No holder of a retailer's license issued by the Illinois
2Liquor Control Commission shall purchase or receive any
3alcoholic liquor, the order for which was solicited or offered
4for sale to such retailer by a broker unless the broker is the
5holder of a valid broker's license.
6 The broker shall, upon the acceptance by a retailer of the
7broker's solicitation of an order or offer to sell or supply or
8deliver or have delivered alcoholic liquors, promptly forward
9to the Illinois Liquor Control Commission a notification of
10said transaction in such form as the Commission may by
11regulations prescribe.
12 (ii) A broker's license shall be required of a person
13within this State, other than a retail licensee, who, for a fee
14or commission, promotes, solicits, or accepts orders for
15alcoholic liquor, for use or consumption and not for resale, to
16be shipped from this State and delivered to residents outside
17of this State by an express company, common carrier, or
18contract carrier. This Section does not apply to any person who
19promotes, solicits, or accepts orders for wine as specifically
20authorized in Section 6-29 of this Act.
21 A broker's license under this subsection (l) shall not
22entitle the holder to buy or sell any alcoholic liquors for his
23own account or to take or deliver title to such alcoholic
24liquors.
25 This subsection (l) shall not apply to distributors,
26employees of distributors, or employees of a manufacturer who

SB1282- 32 -LRB100 10282 RPS 20469 b
1has registered the trademark, brand or name of the alcoholic
2liquor pursuant to Section 6-9 of this Act, and who regularly
3sells such alcoholic liquor in the State of Illinois only to
4its registrants thereunder.
5 Any agent, representative, or person subject to
6registration pursuant to subsection (a-1) of this Section shall
7not be eligible to receive a broker's license.
8 (m) A non-resident dealer's license shall permit such
9licensee to ship into and warehouse alcoholic liquor into this
10State from any point outside of this State, and to sell such
11alcoholic liquor to Illinois licensed foreign importers and
12importing distributors and to no one else in this State;
13provided that (i) said non-resident dealer shall register with
14the Illinois Liquor Control Commission each and every brand of
15alcoholic liquor which it proposes to sell to Illinois
16licensees during the license period, (ii) it shall comply with
17all of the provisions of Section 6-9 hereof with respect to
18registration of such Illinois licensees as may be granted the
19right to sell such brands at wholesale, and (iii) the
20non-resident dealer shall comply with the provisions of
21Sections 6-5 and 6-6 of this Act to the same extent that these
22provisions apply to manufacturers. No person licensed as a
23non-resident dealer shall be granted a distributor's or
24importing distributor's license.
25 (n) A brew pub license shall allow the licensee to only (i)
26manufacture up to 155,000 gallons of beer per year only on the

SB1282- 33 -LRB100 10282 RPS 20469 b
1premises specified in the license, (ii) make sales of the beer
2manufactured on the premises or, with the approval of the
3Commission, beer manufactured on another brew pub licensed
4premises that is wholly owned and operated by the same licensee
5to importing distributors, distributors, and to non-licensees
6for use and consumption, (iii) store the beer upon the
7premises, (iv) sell and offer for sale at retail from the
8licensed premises for off-premises consumption no more than
9155,000 gallons per year so long as such sales are only made
10in-person, (v) sell and offer for sale at retail for use and
11consumption on the premises specified in the license any form
12of alcoholic liquor purchased from a licensed distributor or
13importing distributor, and (vi) with the prior approval of the
14Commission, annually transfer no more than 155,000 gallons of
15beer manufactured on the premises to a licensed brew pub wholly
16owned and operated by the same licensee.
17 A brew pub licensee shall not under any circumstance sell
18or offer for sale beer manufactured by the brew pub licensee to
19retail licensees.
20 A person who holds a class 2 brewer license may
21simultaneously hold a brew pub license if the class 2 brewer
22(i) does not, under any circumstance, sell or offer for sale
23beer manufactured by the class 2 brewer to retail licensees;
24(ii) does not hold more than 3 brew pub licenses in this State;
25(iii) does not manufacture more than a combined 3,720,000
26gallons of beer per year, including the beer manufactured at

SB1282- 34 -LRB100 10282 RPS 20469 b
1the brew pub; and (iv) is not a member of or affiliated with,
2directly or indirectly, a manufacturer that produces more than
33,720,000 gallons of beer per year or any other alcoholic
4liquor.
5 Notwithstanding any other provision of this Act, a licensed
6brewer, class 2 brewer, or non-resident dealer who before July
71, 2015 manufactured less than 3,720,000 gallons of beer per
8year and held a brew pub license on or before July 1, 2015 may
9(i) continue to qualify for and hold that brew pub license for
10the licensed premises and (ii) manufacture more than 3,720,000
11gallons of beer per year and continue to qualify for and hold
12that brew pub license if that brewer, class 2 brewer, or
13non-resident dealer does not simultaneously hold a class 1
14brewer license and is not a member of or affiliated with,
15directly or indirectly, a manufacturer that produces more than
163,720,000 gallons of beer per year or that produces any other
17alcoholic liquor.
18 (o) A caterer retailer license shall allow the holder to
19serve alcoholic liquors as an incidental part of a food service
20that serves prepared meals which excludes the serving of snacks
21as the primary meal, either on or off-site whether licensed or
22unlicensed.
23 (p) An auction liquor license shall allow the licensee to
24sell and offer for sale at auction wine and spirits for use or
25consumption, or for resale by an Illinois liquor licensee in
26accordance with provisions of this Act. An auction liquor

SB1282- 35 -LRB100 10282 RPS 20469 b
1license will be issued to a person and it will permit the
2auction liquor licensee to hold the auction anywhere in the
3State. An auction liquor license must be obtained for each
4auction at least 14 days in advance of the auction date.
5 (q) A special use permit license shall allow an Illinois
6licensed retailer to transfer a portion of its alcoholic liquor
7inventory from its retail licensed premises to the premises
8specified in the license hereby created, and to sell or offer
9for sale at retail, only in the premises specified in the
10license hereby created, the transferred alcoholic liquor for
11use or consumption, but not for resale in any form. A special
12use permit license may be granted for the following time
13periods: one day or less; 2 or more days to a maximum of 15 days
14per location in any 12-month 12 month period. An applicant for
15the special use permit license must also submit with the
16application proof satisfactory to the State Commission that the
17applicant will provide dram shop liability insurance to the
18maximum limits and have local authority approval.
19 (r) A winery shipper's license shall allow a person with a
20first-class or second-class wine manufacturer's license, a
21first-class or second-class wine-maker's license, or a limited
22wine manufacturer's license or who is licensed to make wine
23under the laws of another state to ship wine made by that
24licensee directly to a resident of this State who is 21 years
25of age or older for that resident's personal use and not for
26resale. Prior to receiving a winery shipper's license, an

SB1282- 36 -LRB100 10282 RPS 20469 b
1applicant for the license must provide the Commission with a
2true copy of its current license in any state in which it is
3licensed as a manufacturer of wine. An applicant for a winery
4shipper's license must also complete an application form that
5provides any other information the Commission deems necessary.
6The application form shall include all addresses from which the
7applicant for a winery shipper's license intends to ship wine,
8including the name and address of any third party, except for a
9common carrier, authorized to ship wine on behalf of the
10manufacturer. The application form shall include an
11acknowledgement consenting to the jurisdiction of the
12Commission, the Illinois Department of Revenue, and the courts
13of this State concerning the enforcement of this Act and any
14related laws, rules, and regulations, including authorizing
15the Department of Revenue and the Commission to conduct audits
16for the purpose of ensuring compliance with Public Act 95-634,
17and an acknowledgement that the wine manufacturer is in
18compliance with Section 6-2 of this Act. Any third party,
19except for a common carrier, authorized to ship wine on behalf
20of a first-class or second-class wine manufacturer's licensee,
21a first-class or second-class wine-maker's licensee, a limited
22wine manufacturer's licensee, or a person who is licensed to
23make wine under the laws of another state shall also be
24disclosed by the winery shipper's licensee, and a copy of the
25written appointment of the third-party wine provider, except
26for a common carrier, to the wine manufacturer shall be filed

SB1282- 37 -LRB100 10282 RPS 20469 b
1with the State Commission as a supplement to the winery
2shipper's license application or any renewal thereof. The
3winery shipper's license holder shall affirm under penalty of
4perjury, as part of the winery shipper's license application or
5renewal, that he or she only ships wine, either directly or
6indirectly through a third-party provider, from the licensee's
7own production.
8 Except for a common carrier, a third-party provider
9shipping wine on behalf of a winery shipper's license holder is
10the agent of the winery shipper's license holder and, as such,
11a winery shipper's license holder is responsible for the acts
12and omissions of the third-party provider acting on behalf of
13the license holder. A third-party provider, except for a common
14carrier, that engages in shipping wine into Illinois on behalf
15of a winery shipper's license holder shall consent to the
16jurisdiction of the State Commission and the State. Any
17third-party, except for a common carrier, holding such an
18appointment shall, by February 1 of each calendar year, file
19with the State Commission a statement detailing each shipment
20made to an Illinois resident. The State Commission shall adopt
21rules as soon as practicable to implement the requirements of
22this amendatory Act of the 99th General Assembly and shall
23adopt rules prohibiting any such third-party appointment of a
24third-party provider, except for a common carrier, that has
25been deemed by the State Commission to have violated the
26provisions of this Act with regard to any winery shipper

SB1282- 38 -LRB100 10282 RPS 20469 b
1licensee.
2 A winery shipper licensee must pay to the Department of
3Revenue the State liquor gallonage tax under Section 8-1 for
4all wine that is sold by the licensee and shipped to a person
5in this State. For the purposes of Section 8-1, a winery
6shipper licensee shall be taxed in the same manner as a
7manufacturer of wine. A licensee who is not otherwise required
8to register under the Retailers' Occupation Tax Act must
9register under the Use Tax Act to collect and remit use tax to
10the Department of Revenue for all gallons of wine that are sold
11by the licensee and shipped to persons in this State. If a
12licensee fails to remit the tax imposed under this Act in
13accordance with the provisions of Article VIII of this Act, the
14winery shipper's license shall be revoked in accordance with
15the provisions of Article VII of this Act. If a licensee fails
16to properly register and remit tax under the Use Tax Act or the
17Retailers' Occupation Tax Act for all wine that is sold by the
18winery shipper and shipped to persons in this State, the winery
19shipper's license shall be revoked in accordance with the
20provisions of Article VII of this Act.
21 A winery shipper licensee must collect, maintain, and
22submit to the Commission on a semi-annual basis the total
23number of cases per resident of wine shipped to residents of
24this State. A winery shipper licensed under this subsection (r)
25must comply with the requirements of Section 6-29 of this Act.
26 Pursuant to paragraph (5.1) or (5.3) of subsection (a) of

SB1282- 39 -LRB100 10282 RPS 20469 b
1Section 3-12, the State Commission may receive, respond to, and
2investigate any complaint and impose any of the remedies
3specified in paragraph (1) of subsection (a) of Section 3-12.
4 (s) A craft distiller tasting permit license shall allow an
5Illinois licensed craft distiller to transfer a portion of its
6alcoholic liquor inventory from its craft distiller licensed
7premises to the premises specified in the license hereby
8created and to conduct a sampling, only in the premises
9specified in the license hereby created, of the transferred
10alcoholic liquor in accordance with subsection (c) of Section
116-31 of this Act. The transferred alcoholic liquor may not be
12sold or resold in any form. An applicant for the craft
13distiller tasting 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(Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13;
1898-756, eff. 7-16-14; 99-448, eff. 8-24-15; 99-642, eff.
197-28-16; 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904,
20eff. 1-1-17; revised 9-15-16.)
21 (235 ILCS 5/5-6)
22 Sec. 5-6. FDA grant funds. Grant funds received from the
23Food and Drug Administration of the U.S. Department of Health
24and Human Services for conducting unannounced investigations
25of Illinois tobacco vendors shall be deposited into the Dram

SB1282- 40 -LRB100 10282 RPS 20469 b
1Shop Fund until September 29, 2017.
2(Source: P.A. 90-9, eff. 7-1-97.)
3 Section 99. Effective date. This Act takes effect upon
4becoming law.
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