Bill Text: IL SB2339 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Liquor Control Act of 1934. Provides that a craft distiller license allows the manufacture of up to 100,000 gallons (instead of 35,000 gallons) of spirits by distillation per year and the storage of those spirits. Provides that a craft distiller licensee that is not affiliated with any other manufacturer may sell up to 5,000 gallons (instead of 2,500 gallons) of spirits to non-licensees. Authorizes a craft distiller to obtain a special use permit license. Makes conforming changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-04-08 - Rule 3-9(a) / Re-referred to Assignments [SB2339 Detail]
Download: Illinois-2015-SB2339-Introduced.html
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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,
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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 1-3.35, 5-1, and 6-4 as follows:
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6 | (235 ILCS 5/1-3.35)
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7 | Sec. 1-3.35. Special use permit license. "Special use | ||||||||||||||||||||||||||||
8 | permit license"
means a license for use by a
retailer or craft | ||||||||||||||||||||||||||||
9 | distiller to allow for the transfer of alcoholic beverages from | ||||||||||||||||||||||||||||
10 | an existing
licensed retail premises to a designated site for a | ||||||||||||||||||||||||||||
11 | specific
event.
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12 | (Source: P.A. 88-91; 89-250, eff. 1-1-96.)
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13 | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | ||||||||||||||||||||||||||||
14 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||||||||||||||||||||||||
15 | Commission
shall be of the following classes: | ||||||||||||||||||||||||||||
16 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||||||||||||||||||||||||
17 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
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18 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||||||||||||||||||||||||
19 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||||||||||||||||||||||||
20 | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | ||||||||||||||||||||||||||||
21 | 10. Class 1 Brewer, Class 11. Class 2 Brewer, | ||||||||||||||||||||||||||||
22 | (b) Distributor's license, |
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1 | (c) Importing Distributor's license, | ||||||
2 | (d) Retailer's license, | ||||||
3 | (e) Special Event Retailer's license (not-for-profit), | ||||||
4 | (f) Railroad license, | ||||||
5 | (g) Boat license, | ||||||
6 | (h) Non-Beverage User's license, | ||||||
7 | (i) Wine-maker's premises license, | ||||||
8 | (j) Airplane license, | ||||||
9 | (k) Foreign importer's license, | ||||||
10 | (l) Broker's license, | ||||||
11 | (m) Non-resident dealer's
license, | ||||||
12 | (n) Brew Pub license, | ||||||
13 | (o) Auction liquor license, | ||||||
14 | (p) Caterer retailer license, | ||||||
15 | (q) Special use permit license, | ||||||
16 | (r) Winery shipper's license.
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17 | No
person, firm, partnership, corporation, or other legal | ||||||
18 | business entity that is
engaged in the manufacturing of wine | ||||||
19 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
20 | wine manufacturer's license. | ||||||
21 | (a) A manufacturer's license shall allow the manufacture,
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22 | importation in bulk, storage, distribution and sale of | ||||||
23 | alcoholic liquor
to persons without the State, as may be | ||||||
24 | permitted by law and to licensees
in this State as follows: | ||||||
25 | Class 1. A Distiller may make sales and deliveries of | ||||||
26 | alcoholic liquor to
distillers, rectifiers, importing |
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1 | distributors, distributors and
non-beverage users and to no | ||||||
2 | other licensees. | ||||||
3 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
4 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
5 | rectifiers, importing distributors,
distributors, retailers | ||||||
6 | and non-beverage users and to no other licensees. | ||||||
7 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
8 | importing
distributors and distributors and may make sales as | ||||||
9 | authorized under subsection (e) of Section 6-4 of this Act. | ||||||
10 | Class 4. A first class wine-manufacturer may make sales and | ||||||
11 | deliveries of
up to 50,000 gallons of wine to manufacturers,
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12 | importing
distributors and distributors, and to no other | ||||||
13 | licensees. | ||||||
14 | Class 5. A second class Wine manufacturer may make sales | ||||||
15 | and deliveries
of more than 50,000 gallons of wine to | ||||||
16 | manufacturers, importing distributors
and distributors and to | ||||||
17 | no other licensees. | ||||||
18 | Class 6. A first-class wine-maker's license shall allow the | ||||||
19 | manufacture
of up to 50,000 gallons of wine per year, and the
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20 | storage
and sale of such
wine to distributors in the State and | ||||||
21 | to persons without the
State, as may be permitted by law. A | ||||||
22 | person who, prior to June 1, 2008 ( the effective date of Public | ||||||
23 | Act 95-634) this amendatory Act of the 95th General Assembly , | ||||||
24 | is a holder of a first-class wine-maker's license and annually | ||||||
25 | produces more than 25,000 gallons of its own wine and who | ||||||
26 | distributes its wine to licensed retailers shall cease this |
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1 | practice on or before July 1, 2008 in compliance with Public | ||||||
2 | Act 95-634 this amendatory Act of the 95th General Assembly . | ||||||
3 | Class 7. A second-class wine-maker's license shall allow | ||||||
4 | the manufacture
of between 50,000 and 150,000 gallons of wine | ||||||
5 | per year, and
the
storage and sale of such wine
to distributors | ||||||
6 | in this State and to persons without the State, as may be
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7 | permitted by law. A person who, prior to June 1, 2008 ( the | ||||||
8 | effective date of Public Act 95-634) this amendatory Act of the | ||||||
9 | 95th General Assembly , is a holder of a second-class | ||||||
10 | wine-maker's license and annually produces more than 25,000 | ||||||
11 | gallons of its own wine and who distributes its wine to | ||||||
12 | licensed retailers shall cease this practice on or before July | ||||||
13 | 1, 2008 in compliance with Public Act 95-634 this amendatory | ||||||
14 | Act of the 95th General Assembly . | ||||||
15 | Class 8. A limited wine-manufacturer may make sales and | ||||||
16 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
17 | distributors, and to
non-licensees in accordance with the | ||||||
18 | provisions of this Act. | ||||||
19 | Class 9. A craft distiller license shall allow the | ||||||
20 | manufacture of up to 100,000 30,000 gallons of spirits by | ||||||
21 | distillation for one year after the effective date of this | ||||||
22 | amendatory Act of the 97th General Assembly and up to 35,000 | ||||||
23 | gallons of spirits by distillation per year thereafter and the | ||||||
24 | storage of such spirits. If a craft distiller licensee is not | ||||||
25 | affiliated with any other manufacturer, then the craft | ||||||
26 | distiller licensee may sell such spirits to distributors in |
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1 | this State and up to 5,000 2,500 gallons of such spirits to | ||||||
2 | non-licensees to the extent permitted by any exemption approved | ||||||
3 | by the Commission pursuant to Section 6-4 of this Act. | ||||||
4 | Any craft distiller licensed under this Act who on July 28, | ||||||
5 | 2010 ( the effective date of Public Act 96-1367) this amendatory | ||||||
6 | Act of the 96th General Assembly was licensed as a distiller | ||||||
7 | and manufactured no more spirits than permitted by this Section | ||||||
8 | shall not be required to pay the initial licensing fee. | ||||||
9 | Class 10. A class 1 brewer license, which may only be | ||||||
10 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
11 | shall allow the manufacture of up to 930,000 gallons of beer | ||||||
12 | per year provided that the class 1 brewer licensee does not | ||||||
13 | manufacture more than a combined 930,000 gallons of beer per | ||||||
14 | year and is not a member of or affiliated with, directly or | ||||||
15 | indirectly, a manufacturer that produces more than 930,000 | ||||||
16 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
17 | 1 brewer licensee may make sales and deliveries to importing | ||||||
18 | distributors and distributors and to retail licensees in | ||||||
19 | accordance with the conditions set forth in paragraph (18) of | ||||||
20 | subsection (a) of Section 3-12 of this Act. | ||||||
21 | Class 11. A class 2 brewer license, which may only be | ||||||
22 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
23 | shall allow the manufacture of up to 3,720,000 gallons of beer | ||||||
24 | per year provided that the class 2 brewer licensee does not | ||||||
25 | manufacture more than a combined 3,720,000 gallons of beer per | ||||||
26 | year and is not a member of or affiliated with, directly or |
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1 | indirectly, a manufacturer that produces more than 3,720,000 | ||||||
2 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
3 | 2 brewer licensee may make sales and deliveries to importing | ||||||
4 | distributors and distributors, but shall not make sales or | ||||||
5 | deliveries to any other licensee. If the State Commission | ||||||
6 | provides prior approval, a class 2 brewer licensee may annually | ||||||
7 | transfer up to 3,720,000 gallons of beer manufactured by that | ||||||
8 | class 2 brewer licensee to the premises of a licensed class 2 | ||||||
9 | brewer wholly owned and operated by the same licensee. | ||||||
10 | (a-1) A manufacturer which is licensed in this State to | ||||||
11 | make sales or
deliveries of alcoholic liquor to licensed | ||||||
12 | distributors or importing distributors and which enlists | ||||||
13 | agents, representatives, or
individuals acting on its behalf | ||||||
14 | who contact licensed retailers on a regular
and continual basis | ||||||
15 | in this State must register those agents, representatives,
or | ||||||
16 | persons acting on its behalf with the State Commission. | ||||||
17 | Registration of agents, representatives, or persons acting | ||||||
18 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
19 | to the Commission. The form
shall be developed by the | ||||||
20 | Commission and shall include the name and address of
the | ||||||
21 | applicant, the name and address of the manufacturer he or she | ||||||
22 | represents,
the territory or areas assigned to sell to or | ||||||
23 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
24 | questions deemed appropriate and necessary.
All statements in | ||||||
25 | the forms required to be made by law or by rule shall be
deemed | ||||||
26 | material, and any person who knowingly misstates any material |
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1 | fact under
oath in an application is guilty of a Class B | ||||||
2 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
3 | misleading statements, evasions, or
suppression of material | ||||||
4 | facts in the securing of a registration are grounds for
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5 | suspension or revocation of the registration. The State | ||||||
6 | Commission shall post a list of registered agents on the | ||||||
7 | Commission's website. | ||||||
8 | (b) A distributor's license shall allow the wholesale | ||||||
9 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
10 | liquors to licensees
in this State and to persons without the | ||||||
11 | State, as may be permitted by law. | ||||||
12 | (c) An importing distributor's license may be issued to and | ||||||
13 | held by
those only who are duly licensed distributors, upon the | ||||||
14 | filing of an
application by a duly licensed distributor, with | ||||||
15 | the Commission and
the Commission shall, without the
payment of | ||||||
16 | any fee, immediately issue such importing distributor's
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17 | license to the applicant, which shall allow the importation of | ||||||
18 | alcoholic
liquor by the licensee into this State from any point | ||||||
19 | in the United
States outside this State, and the purchase of | ||||||
20 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
21 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
22 | but all bottles or containers
so filled shall be sealed, | ||||||
23 | labeled, stamped and otherwise made to comply
with all | ||||||
24 | provisions, rules and regulations governing manufacturers in
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25 | the preparation and bottling of alcoholic liquors. The | ||||||
26 | importing
distributor's license shall permit such licensee to |
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1 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
2 | dealers and foreign importers only. | ||||||
3 | (d) A retailer's license shall allow the licensee to sell | ||||||
4 | and offer
for sale at retail, only in the premises specified in | ||||||
5 | the license,
alcoholic liquor for use or consumption, but not | ||||||
6 | for resale in any form. Nothing in Public Act 95-634 this | ||||||
7 | amendatory Act of the 95th General Assembly shall deny, limit, | ||||||
8 | remove, or restrict the ability of a holder of a retailer's | ||||||
9 | license to transfer, deliver, or ship alcoholic liquor to the | ||||||
10 | purchaser for use or consumption subject to any applicable | ||||||
11 | local law or ordinance. Any retail license issued to a | ||||||
12 | manufacturer shall only
permit the manufacturer to sell beer at | ||||||
13 | retail on the premises actually
occupied by the manufacturer. | ||||||
14 | For the purpose of further describing the type of business | ||||||
15 | conducted at a retail licensed premises, a retailer's licensee | ||||||
16 | may be designated by the State Commission as (i) an on premise | ||||||
17 | consumption retailer, (ii) an off premise sale retailer, or | ||||||
18 | (iii) a combined on premise consumption and off premise sale | ||||||
19 | retailer.
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20 | Notwithstanding any other provision of this subsection | ||||||
21 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
22 | event retailer licensee for
resale to the extent permitted | ||||||
23 | under subsection (e). | ||||||
24 | (e) A special event retailer's license (not-for-profit) | ||||||
25 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
26 | Illinois licensed distributor
(unless the licensee purchases |
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1 | less than $500 of alcoholic liquors for the
special event, in | ||||||
2 | which case the licensee may purchase the alcoholic liquors
from | ||||||
3 | a licensed retailer) and shall allow the licensee to sell and | ||||||
4 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
5 | consumption, but not for resale
in any form and only at the | ||||||
6 | location and on the specific dates designated for
the special | ||||||
7 | event in the license. An applicant for a special event retailer
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8 | license must
(i) furnish with the application: (A) a resale | ||||||
9 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
10 | Act or evidence that the applicant is
registered under Section | ||||||
11 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
12 | exemption identification
number issued under Section 1g of the | ||||||
13 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
14 | Commission that the purchase of alcoholic liquors will be
a | ||||||
15 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
16 | not registered
under Section 2a of the Retailers' Occupation | ||||||
17 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
18 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
19 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
20 | in which event the Commission shall set forth on the special | ||||||
21 | event
retailer's license a statement to that effect; (ii) | ||||||
22 | submit with the application proof satisfactory to
the State | ||||||
23 | Commission that the applicant will provide dram shop liability
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24 | insurance in the maximum limits; and (iii) show proof | ||||||
25 | satisfactory to the
State Commission that the applicant has | ||||||
26 | obtained local authority
approval. |
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1 | (f) A railroad license shall permit the licensee to import | ||||||
2 | alcoholic
liquors into this State from any point in the United | ||||||
3 | States outside this
State and to store such alcoholic liquors | ||||||
4 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
5 | directly from manufacturers, foreign
importers, distributors | ||||||
6 | and importing distributors from within or outside
this State; | ||||||
7 | and to store such alcoholic liquors in this State; provided
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8 | that the above powers may be exercised only in connection with | ||||||
9 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
10 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
11 | operated on an electric,
gas or steam railway in this State; | ||||||
12 | and provided further, that railroad
licensees exercising the | ||||||
13 | above powers shall be subject to all provisions of
Article VIII | ||||||
14 | of this Act as applied to importing distributors. A railroad
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15 | license shall also permit the licensee to sell or dispense | ||||||
16 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
17 | operated on an electric,
gas or steam railway regularly | ||||||
18 | operated by a common carrier in this State,
but shall not | ||||||
19 | permit the sale for resale of any alcoholic liquors to any
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20 | licensee within this State. A license shall be obtained for | ||||||
21 | each car in which
such sales are made. | ||||||
22 | (g) A boat license shall allow the sale of alcoholic liquor | ||||||
23 | in
individual drinks, on any passenger boat regularly operated | ||||||
24 | as a common
carrier on navigable waters in this State or on any | ||||||
25 | riverboat operated
under
the Riverboat Gambling Act, which boat | ||||||
26 | or riverboat maintains a public
dining room or restaurant |
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1 | thereon. | ||||||
2 | (h) A non-beverage user's license shall allow the licensee | ||||||
3 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
4 | importing
distributor, without the imposition of any tax upon | ||||||
5 | the business of such
licensed manufacturer or importing | ||||||
6 | distributor as to such alcoholic
liquor to be used by such | ||||||
7 | licensee solely for the non-beverage purposes
set forth in | ||||||
8 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
9 | shall be divided and classified and shall permit the
purchase, | ||||||
10 | possession and use of limited and stated quantities of
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11 | alcoholic liquor as follows: | ||||||
12 | Class 1, not to exceed ......................... 500 gallons
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13 | Class 2, not to exceed ....................... 1,000 gallons
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14 | Class 3, not to exceed ....................... 5,000 gallons
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15 | Class 4, not to exceed ...................... 10,000 gallons
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16 | Class 5, not to exceed ....................... 50,000 gallons | ||||||
17 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
18 | that concurrently holds a first-class wine-maker's license to | ||||||
19 | sell
and offer for sale at retail in the premises specified in | ||||||
20 | such license
not more than 50,000 gallons of the first-class | ||||||
21 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
22 | licensed premises per year for use or
consumption, but not for | ||||||
23 | resale in any form. A wine-maker's premises
license shall allow | ||||||
24 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
25 | license to sell and offer for sale at retail in the premises
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26 | specified in such license up to 100,000 gallons of the
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1 | second-class wine-maker's wine that is made at the second-class | ||||||
2 | wine-maker's
licensed premises per year
for use or consumption | ||||||
3 | but not for resale in any form. A wine-maker's premises license | ||||||
4 | shall allow a
licensee that concurrently holds a first-class | ||||||
5 | wine-maker's license or a second-class
wine-maker's license to | ||||||
6 | sell
and offer for sale at retail at the premises specified in | ||||||
7 | the wine-maker's premises license, for use or consumption but | ||||||
8 | not for resale in any form, any beer, wine, and spirits | ||||||
9 | purchased from a licensed distributor. Upon approval from the
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10 | State Commission, a wine-maker's premises license
shall allow | ||||||
11 | the licensee to sell and offer for sale at (i) the wine-maker's
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12 | licensed premises and (ii) at up to 2 additional locations for | ||||||
13 | use and
consumption and not for resale. Each location shall | ||||||
14 | require additional
licensing per location as specified in | ||||||
15 | Section 5-3 of this Act. A wine-maker's premises licensee shall
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16 | secure liquor liability insurance coverage in an amount at
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17 | least equal to the maximum liability amounts set forth in
| ||||||
18 | subsection (a) of Section 6-21 of this Act.
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19 | (j) An airplane license shall permit the licensee to import
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20 | alcoholic liquors into this State from any point in the United | ||||||
21 | States
outside this State and to store such alcoholic liquors | ||||||
22 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
23 | directly from
manufacturers, foreign importers, distributors | ||||||
24 | and importing
distributors from within or outside this State; | ||||||
25 | and to store such
alcoholic liquors in this State; provided | ||||||
26 | that the above powers may be
exercised only in connection with |
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1 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
2 | sold or dispensed on an airplane; and
provided further, that | ||||||
3 | airplane licensees exercising the above powers
shall be subject | ||||||
4 | to all provisions of Article VIII of this Act as
applied to | ||||||
5 | importing distributors. An airplane licensee shall also
permit | ||||||
6 | the sale or dispensing of alcoholic liquors on any passenger
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7 | airplane regularly operated by a common carrier in this State, | ||||||
8 | but shall
not permit the sale for resale of any alcoholic | ||||||
9 | liquors to any licensee
within this State. A single airplane | ||||||
10 | license shall be required of an
airline company if liquor | ||||||
11 | service is provided on board aircraft in this
State. The annual | ||||||
12 | fee for such license shall be as determined in
Section 5-3. | ||||||
13 | (k) A foreign importer's license shall permit such licensee | ||||||
14 | to purchase
alcoholic liquor from Illinois licensed | ||||||
15 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
16 | than in bulk from any point outside the
United States and to | ||||||
17 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
18 | distributors and to no one else in Illinois;
provided that (i) | ||||||
19 | the foreign importer registers with the State Commission
every
| ||||||
20 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
21 | licensees during the
license period, (ii) the foreign importer | ||||||
22 | complies with all of the provisions
of Section
6-9 of this Act | ||||||
23 | with respect to registration of such Illinois licensees as may
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24 | be granted the
right to sell such brands at wholesale, and | ||||||
25 | (iii) the foreign importer complies with the provisions of | ||||||
26 | Sections 6-5 and 6-6 of this Act to the same extent that these |
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1 | provisions apply to manufacturers. | ||||||
2 | (l) (i) A broker's license shall be required of all persons
| ||||||
3 | who solicit
orders for, offer to sell or offer to supply | ||||||
4 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
5 | offer to retailers to ship or
cause to be shipped or to make | ||||||
6 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
7 | or any other party within or without the State
of Illinois in | ||||||
8 | order that alcoholic liquors be shipped to a distributor,
| ||||||
9 | importing distributor or foreign importer, whether such | ||||||
10 | solicitation or
offer is consummated within or without the | ||||||
11 | State of Illinois. | ||||||
12 | No holder of a retailer's license issued by the Illinois | ||||||
13 | Liquor
Control Commission shall purchase or receive any | ||||||
14 | alcoholic liquor, the
order for which was solicited or offered | ||||||
15 | for sale to such retailer by a
broker unless the broker is the | ||||||
16 | holder of a valid broker's license. | ||||||
17 | The broker shall, upon the acceptance by a retailer of the | ||||||
18 | broker's
solicitation of an order or offer to sell or supply or | ||||||
19 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
20 | to the Illinois Liquor
Control Commission a notification of | ||||||
21 | said transaction in such form as
the Commission may by | ||||||
22 | regulations prescribe. | ||||||
23 | (ii) A broker's license shall be required of
a person | ||||||
24 | within this State, other than a retail licensee,
who, for a fee | ||||||
25 | or commission, promotes, solicits, or accepts orders for
| ||||||
26 | alcoholic liquor, for use or consumption and not for
resale, to |
| |||||||
| |||||||
1 | be shipped from this State and delivered to residents outside | ||||||
2 | of
this State by an express company, common carrier, or | ||||||
3 | contract carrier.
This Section does not apply to any person who | ||||||
4 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
5 | authorized in Section 6-29 of this Act. | ||||||
6 | A broker's license under this subsection (l)
shall not | ||||||
7 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
8 | own account or to take or deliver title to
such alcoholic | ||||||
9 | liquors. | ||||||
10 | This subsection (l)
shall not apply to distributors, | ||||||
11 | employees of
distributors, or employees of a manufacturer who | ||||||
12 | has registered the
trademark, brand or name of the alcoholic | ||||||
13 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
14 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
15 | its registrants thereunder. | ||||||
16 | Any agent, representative, or person subject to | ||||||
17 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
18 | not be eligible to receive a broker's
license. | ||||||
19 | (m) A non-resident dealer's license shall permit such | ||||||
20 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
21 | State from any point
outside of this State, and to sell such | ||||||
22 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
23 | importing distributors and to no one else in this State;
| ||||||
24 | provided that (i) said non-resident dealer shall register with | ||||||
25 | the Illinois Liquor
Control Commission each and every brand of | ||||||
26 | alcoholic liquor which it proposes
to sell to Illinois |
| |||||||
| |||||||
1 | licensees during the license period, (ii) it shall comply with | ||||||
2 | all of the provisions of Section 6-9 hereof with
respect to | ||||||
3 | registration of such Illinois licensees as may be granted the | ||||||
4 | right
to sell such brands at wholesale, and (iii) the | ||||||
5 | non-resident dealer shall comply 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 | (n) A brew pub license shall allow the licensee to only (i) | ||||||
9 | manufacture up to 155,000 gallons of beer per year only
on the | ||||||
10 | premises specified in the license, (ii) make sales of the
beer | ||||||
11 | manufactured on the premises or, with the approval of the | ||||||
12 | Commission, beer manufactured on another brew pub licensed | ||||||
13 | premises that is wholly owned and operated by the same licensee | ||||||
14 | to importing distributors, distributors,
and to non-licensees | ||||||
15 | for use and consumption, (iii) store the beer upon
the | ||||||
16 | premises, (iv) sell and offer for sale at retail from the | ||||||
17 | licensed
premises for off-premises
consumption no more than | ||||||
18 | 155,000 gallons per year so long as such sales are only made | ||||||
19 | in-person, (v) sell and offer for sale at retail for use and | ||||||
20 | consumption on the premises specified in the license any form | ||||||
21 | of alcoholic liquor purchased from a licensed distributor or | ||||||
22 | importing distributor, and (vi) with the prior approval of the | ||||||
23 | Commission, annually transfer no more than 155,000 gallons of | ||||||
24 | beer manufactured on the premises to a licensed brew pub wholly | ||||||
25 | owned and operated by the same licensee. | ||||||
26 | A brew pub licensee shall not under any circumstance sell |
| |||||||
| |||||||
1 | or offer for sale beer manufactured by the brew pub licensee to | ||||||
2 | retail licensees. | ||||||
3 | A person who holds a class 2 brewer license may | ||||||
4 | simultaneously hold a brew pub license if the class 2 brewer | ||||||
5 | (i) does not, under any circumstance, sell or offer for sale | ||||||
6 | beer manufactured by the class 2 brewer to retail licensees; | ||||||
7 | (ii) does not hold more than 3 brew pub licenses in this State; | ||||||
8 | (iii) does not manufacture more than a combined 3,720,000 | ||||||
9 | gallons of beer per year, including the beer manufactured at | ||||||
10 | the brew pub; and (iv) is not a member of or affiliated with, | ||||||
11 | directly or indirectly, a manufacturer that produces more than | ||||||
12 | 3,720,000 gallons of beer per year or any other alcoholic | ||||||
13 | liquor. | ||||||
14 | Notwithstanding any other provision of this Act, a licensed | ||||||
15 | brewer, class 2 brewer, or non-resident dealer who before July | ||||||
16 | 1, 2015 manufactured less than than 3,720,000 gallons of beer | ||||||
17 | per year and held a brew pub license on or before July 1, 2015 | ||||||
18 | may (i) continue to qualify for and hold that brew pub license | ||||||
19 | for the licensed premises and (ii) manufacture more than | ||||||
20 | 3,720,000 gallons of beer per year and continue to qualify for | ||||||
21 | and hold that brew pub license if that brewer, class 2 brewer, | ||||||
22 | or non-resident dealer does not simultaneously hold a class 1 | ||||||
23 | brewer license and is not a member of or affiliated with, | ||||||
24 | directly or indirectly, a manufacturer that produces more than | ||||||
25 | 3,720,000 gallons of beer per year or that produces any other | ||||||
26 | alcoholic liquor. |
| |||||||
| |||||||
1 | (o) A caterer retailer license shall allow the holder
to | ||||||
2 | serve alcoholic liquors as an incidental part of a food service | ||||||
3 | that serves
prepared meals which excludes the serving of snacks | ||||||
4 | as
the primary meal, either on or off-site whether licensed or | ||||||
5 | unlicensed. | ||||||
6 | (p) An auction liquor license shall allow the licensee to | ||||||
7 | sell and offer
for sale at auction wine and spirits for use or | ||||||
8 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
9 | accordance with provisions of this Act. An
auction liquor | ||||||
10 | license will be issued to a person and it will permit the
| ||||||
11 | auction liquor licensee to hold the auction anywhere in the | ||||||
12 | State. An auction
liquor license must be obtained for each | ||||||
13 | auction at least 14 days in advance of
the auction date. | ||||||
14 | (q) A special use permit license shall allow an Illinois | ||||||
15 | licensed
retailer or craft distiller to transfer a portion of | ||||||
16 | its alcoholic liquor inventory from its
retail licensed | ||||||
17 | premises to the premises specified in the license hereby
| ||||||
18 | created, and to sell or offer for sale at retail, only in the | ||||||
19 | premises
specified in the license hereby created, the | ||||||
20 | transferred alcoholic liquor for
use or consumption, but not | ||||||
21 | for resale in any form. A special use permit
license may be | ||||||
22 | granted for the following time periods: one day or less; 2 or
| ||||||
23 | more days to a maximum of 15 days per location in any 12 month | ||||||
24 | period. An
applicant for the special use permit license must | ||||||
25 | also submit with the
application proof satisfactory to the | ||||||
26 | State Commission that the applicant will
provide dram shop |
| |||||||
| |||||||
1 | liability insurance to the maximum limits and have local
| ||||||
2 | authority approval. | ||||||
3 | (r) A winery shipper's license shall allow a person
with a | ||||||
4 | first-class or second-class wine manufacturer's
license, a | ||||||
5 | first-class or second-class wine-maker's license,
or a limited | ||||||
6 | wine manufacturer's license or who is licensed to
make wine | ||||||
7 | under the laws of another state to ship wine
made by that | ||||||
8 | licensee directly to a resident of this
State who is 21 years | ||||||
9 | of age or older for that resident's
personal use and not for | ||||||
10 | resale. Prior to receiving a
winery shipper's license, an | ||||||
11 | applicant for the license must
provide the Commission with a | ||||||
12 | true copy of its current
license in any state in which it is | ||||||
13 | licensed as a manufacturer
of wine. An applicant for a winery | ||||||
14 | shipper's license must
also complete an application form that | ||||||
15 | provides any other
information the Commission deems necessary. | ||||||
16 | The
application form shall include an acknowledgement | ||||||
17 | consenting
to the jurisdiction of the Commission, the Illinois
| ||||||
18 | Department of Revenue, and the courts of this State concerning
| ||||||
19 | the enforcement of this Act and any related laws, rules, and
| ||||||
20 | regulations, including authorizing the Department of Revenue
| ||||||
21 | and the Commission to conduct audits for the purpose of
| ||||||
22 | ensuring compliance with Public Act 95-634 this amendatory Act . | ||||||
23 | A winery shipper licensee must pay to the Department
of | ||||||
24 | Revenue the State liquor gallonage tax under Section 8-1 for
| ||||||
25 | all wine that is sold by the licensee and shipped to a person
| ||||||
26 | in this State. For the purposes of Section 8-1, a winery
|
| |||||||
| |||||||
1 | shipper licensee shall be taxed in the same manner as a
| ||||||
2 | manufacturer of wine. A licensee who is not otherwise required | ||||||
3 | to register under the Retailers' Occupation Tax Act must
| ||||||
4 | register under the Use Tax Act to collect and remit use tax to
| ||||||
5 | the Department of Revenue for all gallons of wine that are sold
| ||||||
6 | by the licensee and shipped to persons in this State. If a
| ||||||
7 | licensee fails to remit the tax imposed under this Act in
| ||||||
8 | accordance with the provisions of Article VIII of this Act, the
| ||||||
9 | winery shipper's license shall be revoked in accordance
with | ||||||
10 | the provisions of Article VII of this Act. If a licensee
fails | ||||||
11 | to properly register and remit tax under the Use Tax Act
or the | ||||||
12 | Retailers' Occupation Tax Act for all wine that is sold
by the | ||||||
13 | winery shipper and shipped to persons in this
State, the winery | ||||||
14 | shipper's license shall be revoked in
accordance with the | ||||||
15 | provisions of Article VII of this Act. | ||||||
16 | A winery shipper licensee must collect, maintain, and
| ||||||
17 | submit to the Commission on a semi-annual basis the
total | ||||||
18 | number of cases per resident of wine shipped to residents
of | ||||||
19 | this State.
A winery shipper licensed under this subsection (r)
| ||||||
20 | must comply with the requirements of Section 6-29 of this | ||||||
21 | amendatory Act. | ||||||
22 | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | ||||||
23 | Section 3-12, the State Commission may receive, respond to, and | ||||||
24 | investigate any complaint and impose any of the remedies | ||||||
25 | specified in paragraph (1) of subsection (a) of Section 3-12. | ||||||
26 | (Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13; |
| |||||||
| |||||||
1 | 98-756, eff. 7-16-14; 99-448, eff. 8-24-15; revised 10-27-15.)
| ||||||
2 | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| ||||||
3 | Sec. 6-4. (a) No person licensed by any licensing authority | ||||||
4 | as a
distiller, or a wine manufacturer, or any subsidiary or | ||||||
5 | affiliate
thereof, or any officer, associate, member, partner, | ||||||
6 | representative,
employee, agent or shareholder owning more | ||||||
7 | than 5% of the outstanding
shares of such person shall be | ||||||
8 | issued an importing distributor's or
distributor's license, | ||||||
9 | nor shall any person licensed by any licensing
authority as an | ||||||
10 | importing distributor, distributor or retailer, or any
| ||||||
11 | subsidiary or affiliate thereof, or any officer or associate, | ||||||
12 | member,
partner, representative, employee, agent or | ||||||
13 | shareholder owning more than
5% of the outstanding shares of | ||||||
14 | such person be issued a distiller's
license or a wine | ||||||
15 | manufacturer's license; and no person or persons
licensed as a | ||||||
16 | distiller by any licensing authority shall have any
interest, | ||||||
17 | directly or indirectly, with such distributor or importing
| ||||||
18 | distributor.
| ||||||
19 | However, an importing distributor or distributor, which on | ||||||
20 | January
1, 1985 is owned by a brewer, or any subsidiary or | ||||||
21 | affiliate thereof or any
officer, associate, member, partner, | ||||||
22 | representative, employee, agent or
shareholder owning more | ||||||
23 | than 5% of the outstanding shares of the importing
distributor | ||||||
24 | or distributor referred to in this paragraph, may own or
| ||||||
25 | acquire an ownership interest of more than 5% of the |
| |||||||
| |||||||
1 | outstanding shares of
a wine manufacturer and be issued a wine
| ||||||
2 | manufacturer's license by any licensing authority.
| ||||||
3 | (b) The foregoing provisions shall not apply to any person | ||||||
4 | licensed
by any licensing authority as a distiller or wine | ||||||
5 | manufacturer, or to
any subsidiary or affiliate of any | ||||||
6 | distiller or wine manufacturer who
shall have been heretofore | ||||||
7 | licensed by the State Commission as either an
importing | ||||||
8 | distributor or distributor during the annual licensing period
| ||||||
9 | expiring June 30, 1947, and shall actually have made sales | ||||||
10 | regularly to
retailers.
| ||||||
11 | (c) Provided, however, that in such instances where a | ||||||
12 | distributor's
or importing distributor's license has been | ||||||
13 | issued to any distiller or
wine manufacturer or to any | ||||||
14 | subsidiary or affiliate of any distiller or
wine manufacturer | ||||||
15 | who has, during the licensing period ending June 30,
1947, sold | ||||||
16 | or distributed as such licensed distributor or importing
| ||||||
17 | distributor alcoholic liquors and wines to retailers, such | ||||||
18 | distiller or
wine manufacturer or any subsidiary or affiliate | ||||||
19 | of any distiller or
wine manufacturer holding such | ||||||
20 | distributor's or importing distributor's
license may continue | ||||||
21 | to sell or distribute to retailers such alcoholic
liquors and | ||||||
22 | wines which are manufactured, distilled, processed or
marketed | ||||||
23 | by distillers and wine manufacturers whose products it sold or
| ||||||
24 | distributed to retailers during the whole or any part of its | ||||||
25 | licensing
periods; and such additional brands and additional | ||||||
26 | products may be added
to the line of such distributor or |
| |||||||
| |||||||
1 | importing distributor, provided, that
such brands and such | ||||||
2 | products were not sold or distributed by any
distributor or | ||||||
3 | importing distributor licensed by the State Commission
during | ||||||
4 | the licensing period ending June 30, 1947, but can not sell or
| ||||||
5 | distribute to retailers any other alcoholic liquors or wines.
| ||||||
6 | (d) It shall be unlawful for any distiller licensed | ||||||
7 | anywhere to have
any stock ownership or interest in any | ||||||
8 | distributor's or importing
distributor's license wherein any | ||||||
9 | other person has an interest therein
who is not a distiller and | ||||||
10 | does not own more than 5% of any stock in any
distillery. | ||||||
11 | Nothing herein contained shall apply to such distillers or
| ||||||
12 | their subsidiaries or affiliates, who had a distributor's or | ||||||
13 | importing
distributor's license during the licensing period | ||||||
14 | ending June 30, 1947,
which license was owned in whole by such | ||||||
15 | distiller, or subsidiaries or
affiliates of such distiller.
| ||||||
16 | (e) Any person licensed as a brewer, class 1 brewer, or | ||||||
17 | class 2 brewer shall be
permitted to sell on the licensed | ||||||
18 | premises to non-licensees for on or off-premises consumption | ||||||
19 | for the premises in which he
or she actually conducts such | ||||||
20 | business beer manufactured by the brewer, class 1 brewer, or | ||||||
21 | class 2 brewer. Such sales shall be limited to on-premises, | ||||||
22 | in-person sales only, for lawful consumption on or off | ||||||
23 | premises. Such authorization shall be considered a privilege | ||||||
24 | granted by the brewer license and, other than a manufacturer of | ||||||
25 | beer
as stated above, no manufacturer or distributor or | ||||||
26 | importing
distributor, excluding airplane licensees exercising |
| |||||||
| |||||||
1 | powers provided in
paragraph (i) of Section 5-1 of this Act, or | ||||||
2 | any subsidiary or affiliate
thereof, or any officer,
associate, | ||||||
3 | member, partner, representative, employee or agent, or
| ||||||
4 | shareholder shall be issued a retailer's license, nor shall any | ||||||
5 | person
having a retailer's license, excluding airplane | ||||||
6 | licensees exercising powers
provided in paragraph (i) of | ||||||
7 | Section 5-1 of this
Act, or any subsidiary or affiliate | ||||||
8 | thereof, or
any officer, associate, member, partner, | ||||||
9 | representative or agent, or
shareholder be issued a | ||||||
10 | manufacturer's license or importing distributor's
license.
| ||||||
11 | A person who holds a class 1 or class 2 brewer license and | ||||||
12 | is authorized by this Section to sell beer to non-licensees | ||||||
13 | shall not sell beer to non-licensees from more than 3 total | ||||||
14 | brewer or commonly owned brew pub licensed locations in this | ||||||
15 | State. The class 1 or class 2 brewer shall designate to the | ||||||
16 | State Commission the brewer or brew pub locations from which it | ||||||
17 | will sell beer to non-licensees. | ||||||
18 | A person licensed as a craft distiller not affiliated with | ||||||
19 | any other person manufacturing spirits may be authorized by the | ||||||
20 | Commission to sell up to 5,000 2,500 gallons of spirits | ||||||
21 | produced by the person to non-licensees for on or off-premises | ||||||
22 | consumption for the premises in which he or she actually | ||||||
23 | conducts business permitting only the retail sale of spirits | ||||||
24 | manufactured at such premises. Such sales shall be limited to | ||||||
25 | on-premises, in-person sales only, for lawful consumption on or | ||||||
26 | off premises, and such authorization shall be considered a |
| |||||||
| |||||||
1 | privilege granted by the craft distiller license. A craft | ||||||
2 | distiller licensed for retail sale shall secure liquor | ||||||
3 | liability insurance coverage in an amount at least equal to the | ||||||
4 | maximum liability amounts set forth in subsection (a) of | ||||||
5 | Section 6-21 of this Act. | ||||||
6 | (f) (Blank).
| ||||||
7 | (g) Notwithstanding any of the foregoing prohibitions, a | ||||||
8 | limited wine
manufacturer may sell at retail at its | ||||||
9 | manufacturing site for on or off
premises consumption and may | ||||||
10 | sell to distributors. A limited wine manufacturer licensee
| ||||||
11 | shall secure liquor liability insurance coverage in an amount
| ||||||
12 | at least equal to the maximum liability amounts set forth in
| ||||||
13 | subsection (a) of Section 6-21 of this Act.
| ||||||
14 | (h) The changes made to this Section by Public Act 99-47 | ||||||
15 | this amendatory Act of the 99th General Assembly shall not | ||||||
16 | diminish or impair the rights of any person, whether a | ||||||
17 | distiller, wine manufacturer, agent, or affiliate thereof, who | ||||||
18 | requested in writing and submitted documentation to the State | ||||||
19 | Commission on or before February 18, 2015 to be approved for a | ||||||
20 | retail license pursuant to what has heretofore been subsection | ||||||
21 | (f); provided that, on or before that date, the State | ||||||
22 | Commission considered the intent of that person to apply for | ||||||
23 | the retail license under that subsection and, by recorded vote, | ||||||
24 | the State Commission approved a resolution indicating that such | ||||||
25 | a license application could be lawfully approved upon that | ||||||
26 | person duly filing a formal application for a retail license |
| |||||||
| |||||||
1 | and if that person, within 90 days of the State Commission | ||||||
2 | appearance and recorded vote, first filed an application with | ||||||
3 | the appropriate local commission, which application was | ||||||
4 | subsequently approved by the appropriate local commission | ||||||
5 | prior to consideration by the State Commission of that person's | ||||||
6 | application for a retail license. It is further provided that | ||||||
7 | the State Commission may approve the person's application for a | ||||||
8 | retail license or renewals of such license if such person | ||||||
9 | continues to diligently adhere to all representations made in | ||||||
10 | writing to the State Commission on or before February 18, 2015, | ||||||
11 | or thereafter, or in the affidavit filed by that person with | ||||||
12 | the State Commission to support the issuance of a retail | ||||||
13 | license and to abide by all applicable laws and duly adopted | ||||||
14 | rules. | ||||||
15 | (Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15; | ||||||
16 | revised 10-30-15.)
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
|