Bill Text: IL SB3359 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. In a provision prohibiting a third-party retailer delivery licensee and certain other persons from holding a direct or indirect financial or beneficial interest in any other business licensed under the Act, excludes interests in State-licensed retailers. Provides that the issuance and regulation of a third-party retailer delivery license is an exclusive power and function of the State and preempts home rule powers. Removes language providing that the issuance and regulation of a third-party retailer delivery license is under the exclusive jurisdiction of the Illinois Liquor Control Commission. Provides that a third-party retailer delivery licensee is liable for any sales and deliveries of alcoholic liquor by its delivery agents to intoxicated persons or persons under the age of 21. Removes language concerning the retailer licensee's responsibility for ensuring that the third-party retailer delivery licensee advertises the identical price for alcoholic liquor sold by the retailer licensee. Makes other changes in provisions concerning requirements for the delivery of alcoholic liquor by third-party retailer licensees. Provides that a retailer engaged in the delivery of alcoholic liquor may request a waiver of certain BASSET requirements. Excludes reasonable compensation provided to a delivery person pursuant to customary delivery practices from a provision prohibiting the compensation of delivery personnel on the basis of a completed delivery.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-19 - Rule 2-10 Third Reading Deadline Established As May 3, 2024 [SB3359 Detail]

Download: Illinois-2023-SB3359-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3359 Introduced 2/7/2024, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
235 ILCS 5/5-1 from Ch. 43, par. 115
235 ILCS 5/5-3 from Ch. 43, par. 118
235 ILCS 5/6-16 from Ch. 43, par. 131
235 ILCS 5/6-27.1
235 ILCS 5/6-28.8
235 ILCS 5/6-28.9 new
235 ILCS 5/6-28.10 new
Amends the Liquor Control Act of 1934. Creates a third-party retailer delivery license. Provides that a third-party retailer delivery license shall authorize a person who is not licensed to sell alcoholic liquor to deliver alcoholic liquor on behalf of a retailer licensee and to deliver alcoholic liquor on behalf of or at the request of an unlicensed purchaser of alcoholic liquor from a retailer licensee. Provides that a third-party retailer delivery license is not required for an employee or independent contractor of a person holding a third-party retailer delivery license or for an employee of a retailer licensee who is not an independent contractor of a retailer licensee. Provides that the issuance and regulation of a third-party retailer delivery license is under the exclusive jurisdiction of the Illinois Liquor Control Commission and does not require local approval prior to issuance by the State Commission. Sets forth fees for licensure and requirements for the delivery of alcoholic liquor by third-party retailer delivery licensees, including limitations on fees that may be charged, maintenance of an insurance policy, recordkeeping, labeling of alcoholic liquor, and verification that the recipient is 21 years of age or older. In a provision requiring alcohol servers to complete responsible alcohol service server training, adds a person who delivers alcoholic liquor on behalf of a third-party retailer delivery licensee to the definition of "alcohol server". Makes changes in provisions authorizing the delivery and carry out of mixed drinks. In a provision concerning prohibited possession and delivery of alcoholic liquor, removes an exemption from the provisions for persons under the age of 21 making a delivery of an alcoholic beverage in pursuance of his or her employment.
LRB103 37014 RPS 67129 b
A BILL FOR
SB3359 LRB103 37014 RPS 67129 b
AN ACT concerning liquor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Sections 5-1, 5-3, 6-16, 6-27.1, and 6-28.8 and by
adding Sections 6-28.9 and 6-28.10 as follows:
(235 ILCS 5/5-1) (from Ch. 43, par. 115)
Sec. 5-1. Licenses issued by the Illinois Liquor Control
Commission shall be of the following classes:
(a) Manufacturer's license - Class 1. Distiller, Class 2.
Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer, Class
6. First Class Winemaker, Class 7. Second Class Winemaker,
Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft
Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
Class 14. Class 3 Brewer,
(b) Distributor's license,
(c) Importing Distributor's license,
(d) Retailer's license,
(e) Special Event Retailer's license (not-for-profit),
(f) Railroad license,
(g) Boat license,

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(h) Non-Beverage User's license,
(i) Wine-maker's premises license,
(j) Airplane license,
(k) Foreign importer's license,
(l) Broker's license,
(m) Non-resident dealer's license,
(n) Brew Pub license,
(o) Auction liquor license,
(p) Caterer retailer license,
(q) Special use permit license,
(r) Winery shipper's license,
(s) Craft distiller tasting permit,
(t) Brewer warehouse permit,
(u) Distilling pub license,
(v) Craft distiller warehouse permit,
(w) Beer showcase permit, .
(x) Third-party retailer delivery license.
No person, firm, partnership, corporation, or other legal
business entity that is engaged in the manufacturing of wine
may concurrently obtain and hold a wine-maker's license and a
wine manufacturer's license.
(a) A manufacturer's license shall allow the manufacture,
importation in bulk, storage, distribution and sale of
alcoholic liquor to persons without the State, as may be
permitted by law and to licensees in this State as follows:
Class 1. A Distiller may make sales and deliveries of

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alcoholic liquor to distillers, rectifiers, importing
distributors, distributors and non-beverage users and to no
other licensees.
Class 2. A Rectifier, who is not a distiller, as defined
herein, may make sales and deliveries of alcoholic liquor to
rectifiers, importing distributors, distributors, retailers
and non-beverage users and to no other licensees.
Class 3. A Brewer may make sales and deliveries of beer to
importing distributors and distributors and may make sales as
authorized under subsection (e) of Section 6-4 of this Act,
including any alcoholic liquor that subsection (e) of Section
6-4 authorizes a brewer to sell in its original package only to
a non-licensee for pick-up by a non-licensee either within the
interior of the brewery premises or at outside of the brewery
premises at a curb-side or parking lot adjacent to the brewery
premises, subject to any local ordinance.
Class 4. A first class wine-manufacturer may make sales
and deliveries of up to 50,000 gallons of wine to
manufacturers, importing distributors and distributors, and to
no other licensees. If a first-class wine-manufacturer
manufactures beer, it shall also obtain and shall only be
eligible for, in addition to any current license, a class 1
brewer license, shall not manufacture more than 930,000
gallons of beer per year, and shall not be a member of or
affiliated with, directly or indirectly, a manufacturer that
produces more than 930,000 gallons of beer per year. If the

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first-class wine-manufacturer manufactures spirits, it shall
also obtain and shall only be eligible for, in addition to any
current license, a class 1 craft distiller license, shall not
manufacture more than 50,000 gallons of spirits per year, and
shall not be a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 50,000
gallons of spirits per year. A first-class wine-manufacturer
shall be permitted to sell wine manufactured at the
first-class wine-manufacturer premises to non-licensees.
Class 5. A second class Wine manufacturer may make sales
and deliveries of more than 50,000 gallons of wine to
manufacturers, importing distributors and distributors and to
no other licensees.
Class 6. A first-class wine-maker's license shall allow
the manufacture of up to 50,000 gallons of wine per year, and
the storage and sale of such wine to distributors in the State
and to persons without the State, as may be permitted by law. A
person who, prior to June 1, 2008 (the effective date of Public
Act 95-634), is a holder of a first-class wine-maker's license
and annually produces more than 25,000 gallons of its own wine
and who distributes its wine to licensed retailers shall cease
this practice on or before July 1, 2008 in compliance with
Public Act 95-634. If a first-class wine-maker manufactures
beer, it shall also obtain and shall only be eligible for, in
addition to any current license, a class 1 brewer license,
shall not manufacture more than 930,000 gallons of beer per

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year, and shall not be a member of or affiliated with, directly
or indirectly, a manufacturer that produces more than 930,000
gallons of beer per year. If the first-class wine-maker
manufactures spirits, it shall also obtain and shall only be
eligible for, in addition to any current license, a class 1
craft distiller license, shall not manufacture more than
50,000 gallons of spirits per year, and shall not be a member
of or affiliated with, directly or indirectly, a manufacturer
that produces more than 50,000 gallons of spirits per year. A
first-class wine-maker holding a class 1 brewer license or a
class 1 craft distiller license shall not be eligible for a
wine-maker's premises license but shall be permitted to sell
wine manufactured at the first-class wine-maker premises to
non-licensees.
Class 7. A second-class wine-maker's license shall allow
the manufacture of up to 150,000 gallons of wine per year, and
the storage and sale of such wine to distributors in this State
and to persons without the State, as may be permitted by law. A
person who, prior to June 1, 2008 (the effective date of Public
Act 95-634), is a holder of a second-class wine-maker's
license and annually produces more than 25,000 gallons of its
own wine and who distributes its wine to licensed retailers
shall cease this practice on or before July 1, 2008 in
compliance with Public Act 95-634. If a second-class
wine-maker manufactures beer, it shall also obtain and shall
only be eligible for, in addition to any current license, a

SB3359 - 6 - LRB103 37014 RPS 67129 b
class 2 brewer license, shall not manufacture more than
3,720,000 gallons of beer per year, and shall not be a member
of or affiliated with, directly or indirectly, a manufacturer
that produces more than 3,720,000 gallons of beer per year. If
a second-class wine-maker manufactures spirits, it shall also
obtain and shall only be eligible for, in addition to any
current license, a class 2 craft distiller license, shall not
manufacture more than 100,000 gallons of spirits per year, and
shall not be a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 100,000
gallons of spirits per year.
Class 8. A limited wine-manufacturer may make sales and
deliveries not to exceed 40,000 gallons of wine per year to
distributors, and to non-licensees in accordance with the
provisions of this Act.
Class 9. A craft distiller license, which may only be held
by a class 1 craft distiller licensee or class 2 craft
distiller licensee but not held by both a class 1 craft
distiller licensee and a class 2 craft distiller licensee,
shall grant all rights conveyed by either: (i) a class 1 craft
distiller license if the craft distiller holds a class 1 craft
distiller license; or (ii) a class 2 craft distiller licensee
if the craft distiller holds a class 2 craft distiller
license.
Class 10. A class 1 craft distiller license, which may
only be issued to a licensed craft distiller or licensed

SB3359 - 7 - LRB103 37014 RPS 67129 b
non-resident dealer, shall allow the manufacture of up to
50,000 gallons of spirits per year provided that the class 1
craft distiller licensee does not manufacture more than a
combined 50,000 gallons of spirits per year and is not a member
of or affiliated with, directly or indirectly, a manufacturer
that produces more than 50,000 gallons of spirits per year. If
a class 1 craft distiller manufactures beer, it shall also
obtain and shall only be eligible for, in addition to any
current license, a class 1 brewer license, shall not
manufacture more than 930,000 gallons of beer per year, and
shall not be a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 930,000
gallons of beer per year. If a class 1 craft distiller
manufactures wine, it shall also obtain and shall only be
eligible for, in addition to any current license, a
first-class wine-manufacturer license or a first-class
wine-maker's license, shall not manufacture more than 50,000
gallons of wine per year, and shall not be a member of or
affiliated with, directly or indirectly, a manufacturer that
produces more than 50,000 gallons of wine per year. A class 1
craft distiller licensee may make sales and deliveries to
importing distributors and distributors and to retail
licensees in accordance with the conditions set forth in
paragraph (19) of subsection (a) of Section 3-12 of this Act.
However, the aggregate amount of spirits sold to non-licensees
and sold or delivered to retail licensees may not exceed 5,000

SB3359 - 8 - LRB103 37014 RPS 67129 b
gallons per year.
A class 1 craft distiller licensee may sell up to 5,000
gallons of such spirits to non-licensees to the extent
permitted by any exemption approved by the State Commission
pursuant to Section 6-4 of this Act. A class 1 craft distiller
license holder may store such spirits at a non-contiguous
licensed location, but at no time shall a class 1 craft
distiller license holder directly or indirectly produce in the
aggregate more than 50,000 gallons of spirits per year.
A class 1 craft distiller licensee may hold more than one
class 1 craft distiller's license. However, a class 1 craft
distiller that holds more than one class 1 craft distiller
license shall not manufacture, in the aggregate, more than
50,000 gallons of spirits by distillation per year and shall
not sell, in the aggregate, more than 5,000 gallons of such
spirits to non-licensees in accordance with an exemption
approved by the State Commission pursuant to Section 6-4 of
this Act.
Class 11. A class 2 craft distiller license, which may
only be issued to a licensed craft distiller or licensed
non-resident dealer, shall allow the manufacture of up to
100,000 gallons of spirits per year provided that the class 2
craft distiller licensee does not manufacture more than a
combined 100,000 gallons of spirits per year and is not a
member of or affiliated with, directly or indirectly, a
manufacturer that produces more than 100,000 gallons of

SB3359 - 9 - LRB103 37014 RPS 67129 b
spirits per year. If a class 2 craft distiller manufactures
beer, it shall also obtain and shall only be eligible for, in
addition to any current license, a class 2 brewer license,
shall not manufacture more than 3,720,000 gallons of beer per
year, and shall not be a member of or affiliated with, directly
or indirectly, a manufacturer that produces more than
3,720,000 gallons of beer per year. If a class 2 craft
distiller manufactures wine, it shall also obtain and shall
only be eligible for, in addition to any current license, a
second-class wine-maker's license, shall not manufacture more
than 150,000 gallons of wine per year, and shall not be a
member of or affiliated with, directly or indirectly, a
manufacturer that produces more than 150,000 gallons of wine
per year. A class 2 craft distiller licensee may make sales and
deliveries to importing distributors and distributors, but
shall not make sales or deliveries to any other licensee. If
the State Commission provides prior approval, a class 2 craft
distiller licensee may annually transfer up to 100,000 gallons
of spirits manufactured by that class 2 craft distiller
licensee to the premises of a licensed class 2 craft distiller
wholly owned and operated by the same licensee. A class 2 craft
distiller may transfer spirits to a distilling pub wholly
owned and operated by the class 2 craft distiller subject to
the following limitations and restrictions: (i) the transfer
shall not annually exceed more than 5,000 gallons; (ii) the
annual amount transferred shall reduce the distilling pub's

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annual permitted production limit; (iii) all spirits
transferred shall be subject to Article VIII of this Act; (iv)
a written record shall be maintained by the distiller and
distilling pub specifying the amount, date of delivery, and
receipt of the product by the distilling pub; and (v) the
distilling pub shall be located no farther than 80 miles from
the class 2 craft distiller's licensed location.
A class 2 craft distiller shall, prior to transferring
spirits to a distilling pub wholly owned by the class 2 craft
distiller, furnish a written notice to the State Commission of
intent to transfer spirits setting forth the name and address
of the distilling pub and shall annually submit to the State
Commission a verified report identifying the total gallons of
spirits transferred to the distilling pub wholly owned by the
class 2 craft distiller.
A class 2 craft distiller license holder may store such
spirits at a non-contiguous licensed location, but at no time
shall a class 2 craft distiller license holder directly or
indirectly produce in the aggregate more than 100,000 gallons
of spirits per year.
Class 12. A class 1 brewer license, which may only be
issued to a licensed brewer or licensed non-resident dealer,
shall allow the manufacture of up to 930,000 gallons of beer
per year provided that the class 1 brewer licensee does not
manufacture more than a combined 930,000 gallons of beer per
year and is not a member of or affiliated with, directly or

SB3359 - 11 - LRB103 37014 RPS 67129 b
indirectly, a manufacturer that produces more than 930,000
gallons of beer per year. If a class 1 brewer manufactures
spirits, it shall also obtain and shall only be eligible for,
in addition to any current license, a class 1 craft distiller
license, shall not manufacture more than 50,000 gallons of
spirits per year, and shall not be a member of or affiliated
with, directly or indirectly, a manufacturer that produces
more than 50,000 gallons of spirits per year. If a class 1
craft brewer manufactures wine, it shall also obtain and shall
only be eligible for, in addition to any current license, a
first-class wine-manufacturer license or a first-class
wine-maker's license, shall not manufacture more than 50,000
gallons of wine per year, and shall not be a member of or
affiliated with, directly or indirectly, a manufacturer that
produces more than 50,000 gallons of wine per year. A class 1
brewer licensee may make sales and deliveries to importing
distributors and distributors and to retail licensees in
accordance with the conditions set forth in paragraph (18) of
subsection (a) of Section 3-12 of this Act. If the State
Commission provides prior approval, a class 1 brewer may
annually transfer up to 930,000 gallons of beer manufactured
by that class 1 brewer to the premises of a licensed class 1
brewer wholly owned and operated by the same licensee.
Class 13. A class 2 brewer license, which may only be
issued to a licensed brewer or licensed non-resident dealer,
shall allow the manufacture of up to 3,720,000 gallons of beer

SB3359 - 12 - LRB103 37014 RPS 67129 b
per year provided that the class 2 brewer licensee does not
manufacture more than a combined 3,720,000 gallons of beer per
year and is not a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 3,720,000
gallons of beer per year. If a class 2 brewer manufactures
spirits, it shall also obtain and shall only be eligible for,
in addition to any current license, a class 2 craft distiller
license, shall not manufacture more than 100,000 gallons of
spirits per year, and shall not be a member of or affiliated
with, directly or indirectly, a manufacturer that produces
more than 100,000 gallons of spirits per year. If a class 2
craft distiller manufactures wine, it shall also obtain and
shall only be eligible for, in addition to any current
license, a second-class wine-maker's license, shall not
manufacture more than 150,000 gallons of wine per year, and
shall not be a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 150,000
gallons of wine a year. A class 2 brewer licensee may make
sales and deliveries to importing distributors and
distributors, but shall not make sales or deliveries to any
other licensee. If the State Commission provides prior
approval, a class 2 brewer licensee may annually transfer up
to 3,720,000 gallons of beer manufactured by that class 2
brewer licensee to the premises of a licensed class 2 brewer
wholly owned and operated by the same licensee.
A class 2 brewer may transfer beer to a brew pub wholly

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owned and operated by the class 2 brewer subject to the
following limitations and restrictions: (i) the transfer shall
not annually exceed more than 31,000 gallons; (ii) the annual
amount transferred shall reduce the brew pub's annual
permitted production limit; (iii) all beer transferred shall
be subject to Article VIII of this Act; (iv) a written record
shall be maintained by the brewer and brew pub specifying the
amount, date of delivery, and receipt of the product by the
brew pub; and (v) the brew pub shall be located no farther than
80 miles from the class 2 brewer's licensed location.
A class 2 brewer shall, prior to transferring beer to a
brew pub wholly owned by the class 2 brewer, furnish a written
notice to the State Commission of intent to transfer beer
setting forth the name and address of the brew pub and shall
annually submit to the State Commission a verified report
identifying the total gallons of beer transferred to the brew
pub wholly owned by the class 2 brewer.
Class 14. A class 3 brewer license, which may be issued to
a brewer or a non-resident dealer, shall allow the manufacture
of no more than 465,000 gallons of beer per year and no more
than 155,000 gallons at a single brewery premises, and shall
allow the sale of no more than 6,200 gallons of beer from each
in-state or out-of-state class 3 brewery premises, or 18,600
gallons in the aggregate, to retail licensees, class 1
brewers, class 2 brewers, and class 3 brewers as long as the
class 3 brewer licensee does not manufacture more than a

SB3359 - 14 - LRB103 37014 RPS 67129 b
combined 465,000 gallons of beer per year and is not a member
of or affiliated with, directly or indirectly, a manufacturer
that produces more than 465,000 gallons of beer per year to
make sales to importing distributors, distributors, retail
licensees, brewers, class 1 brewers, class 2 brewers, and
class 3 brewers in accordance with the conditions set forth in
paragraph (20) of subsection (a) of Section 3-12. If the State
Commission provides prior approval, a class 3 brewer may
annually transfer up to 155,000 gallons of beer manufactured
by that class 3 brewer to the premises of a licensed class 3
brewer wholly owned and operated by the same licensee. A class
3 brewer shall manufacture beer at the brewer's class 3
designated licensed premises, and may sell beer as otherwise
provided in this Act.
(a-1) A manufacturer which is licensed in this State to
make sales or deliveries of alcoholic liquor to licensed
distributors or importing distributors and which enlists
agents, representatives, or individuals acting on its behalf
who contact licensed retailers on a regular and continual
basis in this State must register those agents,
representatives, or persons acting on its behalf with the
State Commission.
Registration of agents, representatives, or persons acting
on behalf of a manufacturer is fulfilled by submitting a form
to the Commission. The form shall be developed by the
Commission and shall include the name and address of the

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applicant, the name and address of the manufacturer he or she
represents, the territory or areas assigned to sell to or
discuss pricing terms of alcoholic liquor, and any other
questions deemed appropriate and necessary. All statements in
the forms required to be made by law or by rule shall be deemed
material, and any person who knowingly misstates any material
fact under oath in an application is guilty of a Class B
misdemeanor. Fraud, misrepresentation, false statements,
misleading statements, evasions, or suppression of material
facts in the securing of a registration are grounds for
suspension or revocation of the registration. The State
Commission shall post a list of registered agents on the
Commission's website.
(b) A distributor's license shall allow (i) the wholesale
purchase and storage of alcoholic liquors and sale of
alcoholic liquors to licensees in this State and to persons
without the State, as may be permitted by law; (ii) the sale of
beer, cider, mead, or any combination thereof to brewers,
class 1 brewers, and class 2 brewers that, pursuant to
subsection (e) of Section 6-4 of this Act, sell beer, cider,
mead, or any combination thereof to non-licensees at their
breweries; (iii) the sale of vermouth to class 1 craft
distillers and class 2 craft distillers that, pursuant to
subsection (e) of Section 6-4 of this Act, sell spirits,
vermouth, or both spirits and vermouth to non-licensees at
their distilleries; or (iv) as otherwise provided in this Act.

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No person licensed as a distributor shall be granted a
non-resident dealer's license.
(c) An importing distributor's license may be issued to
and held by those only who are duly licensed distributors,
upon the filing of an application by a duly licensed
distributor, with the Commission and the Commission shall,
without the payment of any fee, immediately issue such
importing distributor's license to the applicant, which shall
allow the importation of alcoholic liquor by the licensee into
this State from any point in the United States outside this
State, and the purchase of alcoholic liquor in barrels, casks
or other bulk containers and the bottling of such alcoholic
liquors before resale thereof, but all bottles or containers
so filled shall be sealed, labeled, stamped and otherwise made
to comply with all provisions, rules and regulations governing
manufacturers in the preparation and bottling of alcoholic
liquors. The importing distributor's license shall permit such
licensee to purchase alcoholic liquor from Illinois licensed
non-resident dealers and foreign importers only. No person
licensed as an importing distributor shall be granted a
non-resident dealer's license.
(d) A retailer's license shall allow the licensee to sell
and offer for sale at retail, only in the premises specified in
the license, alcoholic liquor for use or consumption, but not
for resale in any form. Except as provided in Section 6-16,
6-29, or 6-29.1, nothing in this Act shall deny, limit,

SB3359 - 17 - LRB103 37014 RPS 67129 b
remove, or restrict the ability of a holder of a retailer's
license to transfer or ship alcoholic liquor to the purchaser
for use or consumption subject to any applicable local law or
ordinance. For the purposes of this Section, "shipping" means
the movement of alcoholic liquor from a licensed retailer to a
consumer via a common carrier. Except as provided in Section
6-16, 6-29, or 6-29.1 and subject to the delivery requirements
of Sections 6-28.9 and 6-28.10, nothing in this Act shall
deny, limit, remove, or restrict the ability of a holder of a
retailer's license to deliver alcoholic liquor to the
purchaser for use or consumption. The delivery shall be made
only within 12 hours from the time the alcoholic liquor leaves
the licensed premises of the retailer for delivery. For the
purposes of this Section, "delivery" means the movement of
alcoholic liquor purchased from a licensed retailer to a
consumer through the following methods:
(1) delivery within licensed retailer's parking lot,
including curbside, for pickup by the consumer;
(2) delivery by an owner, officer, director,
shareholder, or employee of the licensed retailer; or
(3) delivery by a third-party retailer delivery
licensee contractor, independent contractor, or agent with
whom the licensed retailer has contracted to make
deliveries of alcoholic liquors.
Under subsection (1), (2), or (3), delivery shall not
include the use of common carriers.

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Any retail license issued to a manufacturer shall only
permit the manufacturer to sell beer at retail on the premises
actually occupied by the manufacturer. For the purpose of
further describing the type of business conducted at a retail
licensed premises, a retailer's licensee may be designated by
the State Commission as (i) an on premise consumption
retailer, (ii) an off premise sale retailer, or (iii) a
combined on premise consumption and off premise sale retailer.
Except for a municipality with a population of more than
1,000,000 inhabitants, a home rule unit may not regulate the
delivery of alcoholic liquor inconsistent with this
subsection. This paragraph is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State. A non-home rule municipality
may not regulate the delivery of alcoholic liquor inconsistent
with this subsection.
Notwithstanding any other provision of this subsection
(d), a retail licensee may sell alcoholic liquors to a special
event retailer licensee for resale to the extent permitted
under subsection (e).
(e) A special event retailer's license (not-for-profit)
shall permit the licensee to purchase alcoholic liquors from
an Illinois licensed distributor (unless the licensee
purchases less than $500 of alcoholic liquors for the special
event, in which case the licensee may purchase the alcoholic

SB3359 - 19 - LRB103 37014 RPS 67129 b
liquors from a licensed retailer) and shall allow the licensee
to sell and offer for sale, at retail, alcoholic liquors for
use or consumption, but not for resale in any form and only at
the location and on the specific dates designated for the
special event in the license. An applicant for a special event
retailer license must (i) furnish with the application: (A) a
resale number issued under Section 2c of the Retailers'
Occupation Tax Act or evidence that the applicant is
registered under Section 2a of the Retailers' Occupation Tax
Act, (B) a current, valid exemption identification number
issued under Section 1g of the Retailers' Occupation Tax Act,
and a certification to the Commission that the purchase of
alcoholic liquors will be a tax-exempt purchase, or (C) a
statement that the applicant is not registered under Section
2a of the Retailers' Occupation Tax Act, does not hold a resale
number under Section 2c of the Retailers' Occupation Tax Act,
and does not hold an exemption number under Section 1g of the
Retailers' Occupation Tax Act, in which event the Commission
shall set forth on the special event retailer's license a
statement to that effect; (ii) submit with the application
proof satisfactory to the State Commission that the applicant
will provide dram shop liability insurance in the maximum
limits; and (iii) show proof satisfactory to the State
Commission that the applicant has obtained local authority
approval.
Nothing in this Act prohibits an Illinois licensed

SB3359 - 20 - LRB103 37014 RPS 67129 b
distributor from offering credit or a refund for unused,
salable alcoholic liquors to a holder of a special event
retailer's license or the special event retailer's licensee
from accepting the credit or refund of alcoholic liquors at
the conclusion of the event specified in the license.
(f) A railroad license shall permit the licensee to import
alcoholic liquors into this State from any point in the United
States outside this State and to store such alcoholic liquors
in this State; to make wholesale purchases of alcoholic
liquors directly from manufacturers, foreign importers,
distributors and importing distributors from within or outside
this State; and to store such alcoholic liquors in this State;
provided that the above powers may be exercised only in
connection with the importation, purchase or storage of
alcoholic liquors to be sold or dispensed on a club, buffet,
lounge or dining car operated on an electric, gas or steam
railway in this State; and provided further, that railroad
licensees exercising the above powers shall be subject to all
provisions of Article VIII of this Act as applied to importing
distributors. A railroad license shall also permit the
licensee to sell or dispense alcoholic liquors on any club,
buffet, lounge or dining car operated on an electric, gas or
steam railway regularly operated by a common carrier in this
State, but shall not permit the sale for resale of any
alcoholic liquors to any licensee within this State. A license
shall be obtained for each car in which such sales are made.

SB3359 - 21 - LRB103 37014 RPS 67129 b
(g) A boat license shall allow the sale of alcoholic
liquor in individual drinks, on any passenger boat regularly
operated as a common carrier on navigable waters in this State
or on any riverboat operated under the Illinois Gambling Act,
which boat or riverboat maintains a public dining room or
restaurant thereon.
(h) A non-beverage user's license shall allow the licensee
to purchase alcoholic liquor from a licensed manufacturer or
importing distributor, without the imposition of any tax upon
the business of such licensed manufacturer or importing
distributor as to such alcoholic liquor to be used by such
licensee solely for the non-beverage purposes set forth in
subsection (a) of Section 8-1 of this Act, and such licenses
shall be divided and classified and shall permit the purchase,
possession and use of limited and stated quantities of
alcoholic liquor as follows:
Class 1, not to exceed ......................... 500 gallons
Class 2, not to exceed ....................... 1,000 gallons
Class 3, not to exceed ....................... 5,000 gallons
Class 4, not to exceed ...................... 10,000 gallons
Class 5, not to exceed ....................... 50,000 gallons
(i) A wine-maker's premises license shall allow a licensee
that concurrently holds a first-class wine-maker's license to
sell and offer for sale at retail in the premises specified in
such license not more than 50,000 gallons of the first-class
wine-maker's wine that is made at the first-class wine-maker's

SB3359 - 22 - LRB103 37014 RPS 67129 b
licensed premises per year for use or consumption, but not for
resale in any form. A wine-maker's premises license shall
allow a licensee who concurrently holds a second-class
wine-maker's license to sell and offer for sale at retail in
the premises specified in such license up to 100,000 gallons
of the second-class wine-maker's wine that is made at the
second-class wine-maker's licensed premises per year for use
or consumption but not for resale in any form. A first-class
wine-maker that concurrently holds a class 1 brewer license or
a class 1 craft distiller license shall not be eligible to hold
a wine-maker's premises license. A wine-maker's premises
license shall allow a licensee that concurrently holds a
first-class wine-maker's license or a second-class
wine-maker's license to sell and offer for sale at retail at
the premises specified in the wine-maker's premises license,
for use or consumption but not for resale in any form, any
beer, wine, and spirits purchased from a licensed distributor.
Upon approval from the State Commission, a wine-maker's
premises license shall allow the licensee to sell and offer
for sale at (i) the wine-maker's licensed premises and (ii) at
up to 2 additional locations for use and consumption and not
for resale. Each location shall require additional licensing
per location as specified in Section 5-3 of this Act. A
wine-maker's premises licensee shall secure liquor liability
insurance coverage in an amount at least equal to the maximum
liability amounts set forth in subsection (a) of Section 6-21

SB3359 - 23 - LRB103 37014 RPS 67129 b
of this Act.
(j) An airplane license shall permit the licensee to
import alcoholic liquors into this State from any point in the
United States outside this State and to store such alcoholic
liquors in this State; to make wholesale purchases of
alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from within
or outside this State; and to store such alcoholic liquors in
this State; provided that the above powers may be exercised
only in connection with the importation, purchase or storage
of alcoholic liquors to be sold or dispensed on an airplane;
and provided further, that airplane licensees exercising the
above powers shall be subject to all provisions of Article
VIII of this Act as applied to importing distributors. An
airplane licensee shall also permit the sale or dispensing of
alcoholic liquors on any passenger airplane regularly operated
by a common carrier in this State, but shall not permit the
sale for resale of any alcoholic liquors to any licensee
within this State. A single airplane license shall be required
of an airline company if liquor service is provided on board
aircraft in this State. The annual fee for such license shall
be as determined in Section 5-3.
(k) A foreign importer's license shall permit such
licensee to purchase alcoholic liquor from Illinois licensed
non-resident dealers only, and to import alcoholic liquor
other than in bulk from any point outside the United States and

SB3359 - 24 - LRB103 37014 RPS 67129 b
to sell such alcoholic liquor to Illinois licensed importing
distributors and to no one else in Illinois; provided that (i)
the foreign importer registers with the State Commission every
brand of alcoholic liquor that it proposes to sell to Illinois
licensees during the license period, (ii) the foreign importer
complies with all of the provisions of Section 6-9 of this Act
with respect to registration of such Illinois licensees as may
be granted the right to sell such brands at wholesale, and
(iii) the foreign importer complies with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers.
(l) (i) A broker's license shall be required of all
persons who solicit orders for, offer to sell or offer to
supply alcoholic liquor to retailers in the State of Illinois,
or who offer to retailers to ship or cause to be shipped or to
make contact with distillers, craft distillers, rectifiers,
brewers or manufacturers or any other party within or without
the State of Illinois in order that alcoholic liquors be
shipped to a distributor, importing distributor or foreign
importer, whether such solicitation or offer is consummated
within or without the State of Illinois.
No holder of a retailer's license issued by the Illinois
Liquor Control Commission shall purchase or receive any
alcoholic liquor, the order for which was solicited or offered
for sale to such retailer by a broker unless the broker is the
holder of a valid broker's license.

SB3359 - 25 - LRB103 37014 RPS 67129 b
The broker shall, upon the acceptance by a retailer of the
broker's solicitation of an order or offer to sell or supply or
deliver or have delivered alcoholic liquors, promptly forward
to the Illinois Liquor Control Commission a notification of
said transaction in such form as the Commission may by
regulations prescribe.
(ii) A broker's license shall be required of a person
within this State, other than a retail licensee, who, for a fee
or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for resale,
to be shipped from this State and delivered to residents
outside of this State by an express company, common carrier,
or contract carrier. This Section does not apply to any person
who promotes, solicits, or accepts orders for wine as
specifically authorized in Section 6-29 of this Act.
A broker's license under this subsection (l) shall not
entitle the holder to buy or sell any alcoholic liquors for his
own account or to take or deliver title to such alcoholic
liquors.
This subsection (l) shall not apply to distributors,
employees of distributors, or employees of a manufacturer who
has registered the trademark, brand or name of the alcoholic
liquor pursuant to Section 6-9 of this Act, and who regularly
sells such alcoholic liquor in the State of Illinois only to
its registrants thereunder.
Any agent, representative, or person subject to

SB3359 - 26 - LRB103 37014 RPS 67129 b
registration pursuant to subsection (a-1) of this Section
shall not be eligible to receive a broker's license.
(m) A non-resident dealer's license shall permit such
licensee to ship into and warehouse alcoholic liquor into this
State from any point outside of this State, and to sell such
alcoholic liquor to Illinois licensed foreign importers and
importing distributors and to no one else in this State;
provided that (i) said non-resident dealer shall register with
the Illinois Liquor Control Commission each and every brand of
alcoholic liquor which it proposes to sell to Illinois
licensees during the license period, (ii) it shall comply with
all of the provisions of Section 6-9 hereof with respect to
registration of such Illinois licensees as may be granted the
right to sell such brands at wholesale by duly filing such
registration statement, thereby authorizing the non-resident
dealer to proceed to sell such brands at wholesale, and (iii)
the non-resident dealer shall comply with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers. No person licensed as a
non-resident dealer shall be granted a distributor's or
importing distributor's license.
(n) A brew pub license shall allow the licensee to only (i)
manufacture up to 155,000 gallons of beer per year only on the
premises specified in the license, (ii) make sales of the beer
manufactured on the premises or, with the approval of the
Commission, beer manufactured on another brew pub licensed

SB3359 - 27 - LRB103 37014 RPS 67129 b
premises that is wholly owned and operated by the same
licensee to importing distributors, distributors, and to
non-licensees for use and consumption, (iii) store the beer
upon the premises, (iv) sell and offer for sale at retail from
the licensed premises for off-premises consumption no more
than 155,000 gallons per year so long as such sales are only
made in-person, (v) sell and offer for sale at retail for use
and consumption on the premises specified in the license any
form of alcoholic liquor purchased from a licensed distributor
or importing distributor, (vi) with the prior approval of the
Commission, annually transfer no more than 155,000 gallons of
beer manufactured on the premises to a licensed brew pub
wholly owned and operated by the same licensee, and (vii)
notwithstanding item (i) of this subsection, brew pubs wholly
owned and operated by the same licensee may combine each
location's production limit of 155,000 gallons of beer per
year and allocate the aggregate total between the wholly
owned, operated, and licensed locations.
A brew pub licensee shall not under any circumstance sell
or offer for sale beer manufactured by the brew pub licensee to
retail licensees.
A person who holds a class 2 brewer license may
simultaneously hold a brew pub license if the class 2 brewer
(i) does not, under any circumstance, sell or offer for sale
beer manufactured by the class 2 brewer to retail licensees;
(ii) does not hold more than 3 brew pub licenses in this State;

SB3359 - 28 - LRB103 37014 RPS 67129 b
(iii) does not manufacture more than a combined 3,720,000
gallons of beer per year, including the beer manufactured at
the brew pub; and (iv) is not a member of or affiliated with,
directly or indirectly, a manufacturer that produces more than
3,720,000 gallons of beer per year or any other alcoholic
liquor.
Notwithstanding any other provision of this Act, a
licensed brewer, class 2 brewer, or non-resident dealer who
before July 1, 2015 manufactured less than 3,720,000 gallons
of beer per year and held a brew pub license on or before July
1, 2015 may (i) continue to qualify for and hold that brew pub
license for the licensed premises and (ii) manufacture more
than 3,720,000 gallons of beer per year and continue to
qualify for and hold that brew pub license if that brewer,
class 2 brewer, or non-resident dealer does not simultaneously
hold a class 1 brewer license and is not a member of or
affiliated with, directly or indirectly, a manufacturer that
produces more than 3,720,000 gallons of beer per year or that
produces any other alcoholic liquor.
A brew pub licensee may apply for a class 3 brewer license
and, upon meeting all applicable qualifications of this Act
and relinquishing all commonly owned brew pub or retail
licenses, shall be issued a class 3 brewer license. Nothing in
this Act shall prohibit the issuance of a class 3 brewer
license if the applicant:
(1) has a valid retail license on or before May 1,

SB3359 - 29 - LRB103 37014 RPS 67129 b
2021;
(2) has an ownership interest in at least two brew
pubs licenses on or before May 1, 2021;
(3) the brew pub licensee applies for a class 3 brewer
license on or before October 1, 2022 and relinquishes all
commonly owned brew pub licenses; and
(4) relinquishes all commonly owned retail licenses on
or before December 31, 2022.
If a brew pub licensee is issued a class 3 brewer license,
the class 3 brewer license shall expire on the same date as the
existing brew pub license and the State Commission shall not
require a class 3 brewer licensee to obtain a brewer license,
or in the alternative to pay a fee for a brewer license, until
the date the brew pub license of the applicant would have
expired.
(o) A caterer retailer license shall allow the holder to
serve alcoholic liquors as an incidental part of a food
service that serves prepared meals which excludes the serving
of snacks as the primary meal, either on or off-site whether
licensed or unlicensed. A caterer retailer license shall allow
the holder, a distributor, or an importing distributor to
transfer any inventory to and from the holder's retail
premises and shall allow the holder to purchase alcoholic
liquor from a distributor or importing distributor to be
delivered directly to an off-site event.
Nothing in this Act prohibits a distributor or importing

SB3359 - 30 - LRB103 37014 RPS 67129 b
distributor from offering credit or a refund for unused,
salable beer to a holder of a caterer retailer license or a
caterer retailer licensee from accepting a credit or refund
for unused, salable beer, in the event an act of God is the
sole reason an off-site event is cancelled and if: (i) the
holder of a caterer retailer license has not transferred
alcoholic liquor from its caterer retailer premises to an
off-site location; (ii) the distributor or importing
distributor offers the credit or refund for the unused,
salable beer that it delivered to the off-site premises and
not for any unused, salable beer that the distributor or
importing distributor delivered to the caterer retailer's
premises; and (iii) the unused, salable beer would likely
spoil if transferred to the caterer retailer's premises. A
caterer retailer license shall allow the holder to transfer
any inventory from any off-site location to its caterer
retailer premises at the conclusion of an off-site event or
engage a distributor or importing distributor to transfer any
inventory from any off-site location to its caterer retailer
premises at the conclusion of an off-site event, provided that
the distributor or importing distributor issues bona fide
charges to the caterer retailer licensee for fuel, labor, and
delivery and the distributor or importing distributor collects
payment from the caterer retailer licensee prior to the
distributor or importing distributor transferring inventory to
the caterer retailer premises.

SB3359 - 31 - LRB103 37014 RPS 67129 b
For purposes of this subsection (o), an "act of God" means
an unforeseeable event, such as a rain or snow storm, hail, a
flood, or a similar event, that is the sole cause of the
cancellation of an off-site, outdoor event.
(p) An auction liquor license shall allow the licensee to
sell and offer for sale at auction wine and spirits for use or
consumption, or for resale by an Illinois liquor licensee in
accordance with provisions of this Act. An auction liquor
license will be issued to a person and it will permit the
auction liquor licensee to hold the auction anywhere in the
State. An auction liquor license must be obtained for each
auction at least 14 days in advance of the auction date.
(q) A special use permit license shall allow an Illinois
licensed retailer to transfer a portion of its alcoholic
liquor inventory from its retail licensed premises to the
premises specified in the license hereby created; to purchase
alcoholic liquor from a distributor or importing distributor
to be delivered directly to the location specified in the
license hereby created; and to sell or offer for sale at
retail, only in the premises specified in the license hereby
created, the transferred or delivered alcoholic liquor for use
or consumption, but not for resale in any form. A special use
permit license may be granted for the following time periods:
one day or less; 2 or more days to a maximum of 15 days per
location in any 12-month period. An applicant for the special
use permit license must also submit with the application proof

SB3359 - 32 - LRB103 37014 RPS 67129 b
satisfactory to the State Commission that the applicant will
provide dram shop liability insurance to the maximum limits
and have local authority approval.
A special use permit license shall allow the holder to
transfer any inventory from the holder's special use premises
to its retail premises at the conclusion of the special use
event or engage a distributor or importing distributor to
transfer any inventory from the holder's special use premises
to its retail premises at the conclusion of an off-site event,
provided that the distributor or importing distributor issues
bona fide charges to the special use permit licensee for fuel,
labor, and delivery and the distributor or importing
distributor collects payment from the retail licensee prior to
the distributor or importing distributor transferring
inventory to the retail premises.
Nothing in this Act prohibits a distributor or importing
distributor from offering credit or a refund for unused,
salable beer to a special use permit licensee or a special use
permit licensee from accepting a credit or refund for unused,
salable beer at the conclusion of the event specified in the
license if: (i) the holder of the special use permit license
has not transferred alcoholic liquor from its retail licensed
premises to the premises specified in the special use permit
license; (ii) the distributor or importing distributor offers
the credit or refund for the unused, salable beer that it
delivered to the premises specified in the special use permit

SB3359 - 33 - LRB103 37014 RPS 67129 b
license and not for any unused, salable beer that the
distributor or importing distributor delivered to the
retailer's premises; and (iii) the unused, salable beer would
likely spoil if transferred to the retailer premises.
(r) A winery shipper's license shall allow a person with a
first-class or second-class wine manufacturer's license, a
first-class or second-class wine-maker's license, or a limited
wine manufacturer's license or who is licensed to make wine
under the laws of another state to ship wine made by that
licensee directly to a resident of this State who is 21 years
of age or older for that resident's personal use and not for
resale. Prior to receiving a winery shipper's license, an
applicant for the license must provide the Commission with a
true copy of its current license in any state in which it is
licensed as a manufacturer of wine. An applicant for a winery
shipper's license must also complete an application form that
provides any other information the Commission deems necessary.
The application form shall include all addresses from which
the applicant for a winery shipper's license intends to ship
wine, including the name and address of any third party,
except for a common carrier, authorized to ship wine on behalf
of the manufacturer. The application form shall include an
acknowledgement consenting to the jurisdiction of the
Commission, the Illinois Department of Revenue, and the courts
of this State concerning the enforcement of this Act and any
related laws, rules, and regulations, including authorizing

SB3359 - 34 - LRB103 37014 RPS 67129 b
the Department of Revenue and the Commission to conduct audits
for the purpose of ensuring compliance with Public Act 95-634,
and an acknowledgement that the wine manufacturer is in
compliance with Section 6-2 of this Act. Any third party,
except for a common carrier, authorized to ship wine on behalf
of a first-class or second-class wine manufacturer's licensee,
a first-class or second-class wine-maker's licensee, a limited
wine manufacturer's licensee, or a person who is licensed to
make wine under the laws of another state shall also be
disclosed by the winery shipper's licensee, and a copy of the
written appointment of the third-party wine provider, except
for a common carrier, to the wine manufacturer shall be filed
with the State Commission as a supplement to the winery
shipper's license application or any renewal thereof. The
winery shipper's license holder shall affirm under penalty of
perjury, as part of the winery shipper's license application
or renewal, that he or she only ships wine, either directly or
indirectly through a third-party provider, from the licensee's
own production.
Except for a common carrier, a third-party provider
shipping wine on behalf of a winery shipper's license holder
is the agent of the winery shipper's license holder and, as
such, a winery shipper's license holder is responsible for the
acts and omissions of the third-party provider acting on
behalf of the license holder. A third-party provider, except
for a common carrier, that engages in shipping wine into

SB3359 - 35 - LRB103 37014 RPS 67129 b
Illinois on behalf of a winery shipper's license holder shall
consent to the jurisdiction of the State Commission and the
State. Any third-party, except for a common carrier, holding
such an appointment shall, by February 1 of each calendar year
and upon request by the State Commission or the Department of
Revenue, file with the State Commission a statement detailing
each shipment made to an Illinois resident. The statement
shall include the name and address of the third-party provider
filing the statement, the time period covered by the
statement, and the following information:
(1) the name, address, and license number of the
winery shipper on whose behalf the shipment was made;
(2) the quantity of the products delivered; and
(3) the date and address of the shipment.
If the Department of Revenue or the State Commission requests
a statement under this paragraph, the third-party provider
must provide that statement no later than 30 days after the
request is made. Any books, records, supporting papers, and
documents containing information and data relating to a
statement under this paragraph shall be kept and preserved for
a period of 3 years, unless their destruction sooner is
authorized, in writing, by the Director of Revenue, and shall
be open and available to inspection by the Director of Revenue
or the State Commission or any duly authorized officer, agent,
or employee of the State Commission or the Department of
Revenue, at all times during business hours of the day. Any

SB3359 - 36 - LRB103 37014 RPS 67129 b
person who violates any provision of this paragraph or any
rule of the State Commission for the administration and
enforcement of the provisions of this paragraph is guilty of a
Class C misdemeanor. In case of a continuing violation, each
day's continuance thereof shall be a separate and distinct
offense.
The State Commission shall adopt rules as soon as
practicable to implement the requirements of Public Act 99-904
and shall adopt rules prohibiting any such third-party
appointment of a third-party provider, except for a common
carrier, that has been deemed by the State Commission to have
violated the provisions of this Act with regard to any winery
shipper licensee.
A winery shipper licensee must pay to the Department of
Revenue the State liquor gallonage tax under Section 8-1 for
all wine that is sold by the licensee and shipped to a person
in this State. For the purposes of Section 8-1, a winery
shipper licensee shall be taxed in the same manner as a
manufacturer of wine. A licensee who is not otherwise required
to register under the Retailers' Occupation Tax Act must
register under the Use Tax Act to collect and remit use tax to
the Department of Revenue for all gallons of wine that are sold
by the licensee and shipped to persons in this State. If a
licensee fails to remit the tax imposed under this Act in
accordance with the provisions of Article VIII of this Act,
the winery shipper's license shall be revoked in accordance

SB3359 - 37 - LRB103 37014 RPS 67129 b
with the provisions of Article VII of this Act. If a licensee
fails to properly register and remit tax under the Use Tax Act
or the Retailers' Occupation Tax Act for all wine that is sold
by the winery shipper and shipped to persons in this State, the
winery shipper's license shall be revoked in accordance with
the provisions of Article VII of this Act.
A winery shipper licensee must collect, maintain, and
submit to the Commission on a semi-annual basis the total
number of cases per resident of wine shipped to residents of
this State. A winery shipper licensed under this subsection
(r) must comply with the requirements of Section 6-29 of this
Act.
Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
Section 3-12, the State Commission may receive, respond to,
and investigate any complaint and impose any of the remedies
specified in paragraph (1) of subsection (a) of Section 3-12.
As used in this subsection, "third-party provider" means
any entity that provides fulfillment house services, including
warehousing, packaging, distribution, order processing, or
shipment of wine, but not the sale of wine, on behalf of a
licensed winery shipper.
(s) A craft distiller tasting permit license shall allow
an Illinois licensed class 1 craft distiller or class 2 craft
distiller to transfer a portion of its alcoholic liquor
inventory from its class 1 craft distiller or class 2 craft
distiller licensed premises to the premises specified in the

SB3359 - 38 - LRB103 37014 RPS 67129 b
license hereby created and to conduct a sampling, only in the
premises specified in the license hereby created, of the
transferred alcoholic liquor in accordance with subsection (c)
of Section 6-31 of this Act. The transferred alcoholic liquor
may not be sold or resold in any form. An applicant for the
craft distiller tasting permit license must also submit with
the application proof satisfactory to the State Commission
that the applicant will provide dram shop liability insurance
to the maximum limits and have local authority approval.
(t) A brewer warehouse permit may be issued to the holder
of a class 1 brewer license or a class 2 brewer license. If the
holder of the permit is a class 1 brewer licensee, the brewer
warehouse permit shall allow the holder to store or warehouse
up to 930,000 gallons of tax-determined beer manufactured by
the holder of the permit at the premises specified on the
permit. If the holder of the permit is a class 2 brewer
licensee, the brewer warehouse permit shall allow the holder
to store or warehouse up to 3,720,000 gallons of
tax-determined beer manufactured by the holder of the permit
at the premises specified on the permit. Sales to
non-licensees are prohibited at the premises specified in the
brewer warehouse permit.
(u) A distilling pub license shall allow the licensee to
only (i) manufacture up to 5,000 gallons of spirits per year
only on the premises specified in the license, (ii) make sales
of the spirits manufactured on the premises or, with the

SB3359 - 39 - LRB103 37014 RPS 67129 b
approval of the State Commission, spirits manufactured on
another distilling pub licensed premises that is wholly owned
and operated by the same licensee to importing distributors
and distributors and to non-licensees for use and consumption,
(iii) store the spirits upon the premises, (iv) sell and offer
for sale at retail from the licensed premises for off-premises
consumption no more than 5,000 gallons per year so long as such
sales are only made in-person, (v) sell and offer for sale at
retail for use and consumption on the premises specified in
the license any form of alcoholic liquor purchased from a
licensed distributor or importing distributor, and (vi) with
the prior approval of the State Commission, annually transfer
no more than 5,000 gallons of spirits manufactured on the
premises to a licensed distilling pub wholly owned and
operated by the same licensee.
A distilling pub licensee shall not under any circumstance
sell or offer for sale spirits manufactured by the distilling
pub licensee to retail licensees.
A person who holds a class 2 craft distiller license may
simultaneously hold a distilling pub license if the class 2
craft distiller (i) does not, under any circumstance, sell or
offer for sale spirits manufactured by the class 2 craft
distiller to retail licensees; (ii) does not hold more than 3
distilling pub licenses in this State; (iii) does not
manufacture more than a combined 100,000 gallons of spirits
per year, including the spirits manufactured at the distilling

SB3359 - 40 - LRB103 37014 RPS 67129 b
pub; and (iv) is not a member of or affiliated with, directly
or indirectly, a manufacturer that produces more than 100,000
gallons of spirits per year or any other alcoholic liquor.
(v) A craft distiller warehouse permit may be issued to
the holder of a class 1 craft distiller or class 2 craft
distiller license. The craft distiller warehouse permit shall
allow the holder to store or warehouse up to 500,000 gallons of
spirits manufactured by the holder of the permit at the
premises specified on the permit. Sales to non-licensees are
prohibited at the premises specified in the craft distiller
warehouse permit.
(w) A beer showcase permit license shall allow an
Illinois-licensed distributor to transfer a portion of its
beer inventory from its licensed premises to the premises
specified in the beer showcase permit license, and, in the
case of a class 3 brewer, transfer only beer the class 3 brewer
manufactures from its licensed premises to the premises
specified in the beer showcase permit license; and to sell or
offer for sale at retail, only in the premises specified in the
beer showcase permit license, the transferred or delivered
beer for on or off premise consumption, but not for resale in
any form and to sell to non-licensees not more than 96 fluid
ounces of beer per person. A beer showcase permit license may
be granted for the following time periods: one day or less; or
2 or more days to a maximum of 15 days per location in any
12-month period. An applicant for a beer showcase permit

SB3359 - 41 - LRB103 37014 RPS 67129 b
license must also submit with the application proof
satisfactory to the State Commission that the applicant will
provide dram shop liability insurance to the maximum limits
and have local authority approval. The State Commission shall
require the beer showcase applicant to comply with Section
6-27.1.
(x) A third-party retailer delivery license shall
authorize a person who is not licensed to sell alcoholic
liquor to deliver alcoholic liquor on behalf of a retailer
licensee and to deliver alcoholic liquor on behalf of or at the
request of an unlicensed purchaser of alcoholic liquor from a
retailer licensee, subject to the provisions of Sections
6-28.9 and 6-29.10. A third-party retailer delivery license is
not required for an employee or independent contractor of a
person holding a third-party retailer delivery license or for
an employee of a retailer licensee who is not an independent
contractor of a retailer licensee. A third-party retailer
delivery licensee; a third-party retailer delivery licensee's
officers, owners, and directors; and any person affiliated
with the third-party retailer delivery licensee's ownership
may not hold a direct or indirect financial or beneficial
interest in any other business licensed under this Act. The
issuance and regulation of a third-party retailer delivery
license is under the exclusive jurisdiction of the State
Commission and does not require local approval prior to
issuance by the State Commission.

SB3359 - 42 - LRB103 37014 RPS 67129 b
(Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19;
101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff.
8-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22;
102-442, eff. 8-20-21; 102-1142, eff. 2-17-23.)
(235 ILCS 5/5-3) (from Ch. 43, par. 118)
Sec. 5-3. License fees. Except as otherwise provided
herein, at the time application is made to the State
Commission for a license of any class, the applicant shall pay
to the State Commission the fee hereinafter provided for the
kind of license applied for.
The fee for licenses issued by the State Commission shall
be as follows:
Online Initial
renewal license
or
non-online
renewal
For a manufacturer's license:
Class 1. Distiller ................. $4,000 $5,000
Class 2. Rectifier ................. 4,000 5,000
Class 3. Brewer .................... 1,200 1,500
Class 4. First-class Wine
Manufacturer ................... 750 900
Class 5. Second-class
Wine Manufacturer .............. 1,500 1,750

SB3359 - 43 - LRB103 37014 RPS 67129 b
Class 6. First-class wine-maker .... 750 900
Class 7. Second-class wine-maker ... 1,500 1,750
Class 8. Limited Wine
Manufacturer.................... 250 350
Class 9. Craft Distiller............ 2,000 2,500
Class 10. Class 1 Craft Distiller... 50 75
Class 11. Class 2 Craft Distiller... 75 100
Class 12. Class 1 Brewer............ 50 75
Class 13. Class 2 Brewer............ 75 100
Class 14. Class 3 Brewer............ 25 50
For a Brew Pub License.............. 1,200 1,500
For a Distilling Pub License........ 1,200 1,500
For a caterer retailer's license.... 350 500
For a foreign importer's license ... 25 25
For an importing distributor's
license......................... 25 25
For a distributor's license
(11,250,000 gallons
or over)........................ 1,450 2,200
For a distributor's license
(over 4,500,000 gallons, but
under 11,250,000 gallons)....... 950 1,450
For a distributor's license
(4,500,000 gallons or under).... 300 450
For a non-resident dealer's license
(500,000 gallons or over)

SB3359 - 44 - LRB103 37014 RPS 67129 b
or with self-distribution
privileges ..................... 1,200 1,500
For a non-resident dealer's license
(under 500,000 gallons) ........ 250 350
For a wine-maker's premises
license ........................ 250 500
For a winery shipper's license
(under 250,000 gallons)......... 200 350
For a winery shipper's license
(250,000 or over, but
under 500,000 gallons).......... 750 1,000
For a winery shipper's license
(500,000 gallons or over)....... 1,200 1,500
For a wine-maker's premises
license, second location ....... 500 1,000
For a wine-maker's premises
license, third location ........ 500 1,000
For a retailer's license ........... 600 750
For a special event retailer's
license, (not-for-profit) ...... 25 25
For a beer showcase permit,
one day only ................... 100 150
2 days or more ................. 150 250
For a special use permit license,
one day only ................... 100 150
2 days or more ................. 150 250

SB3359 - 45 - LRB103 37014 RPS 67129 b
For a railroad license ............. 100 150
For a boat license ................. 500 1,000
For an airplane license, times the
licensee's maximum number of
aircraft in flight, serving
liquor over the State at any
given time, which either
originate, terminate, or make
an intermediate stop in
the State....................... 100 150
For a non-beverage user's license:
Class 1 ........................ 24 24
Class 2 ........................ 60 60
Class 3 ........................ 120 120
Class 4 ........................ 240 240
Class 5 ........................ 600 600
For a broker's license ............. 750 1,000
For an auction liquor license ...... 100 150
For a homebrewer special
event permit.................... 25 25
For a craft distiller
tasting permit.................. 25 25
For a BASSET trainer license........ 300 350
For a tasting representative
license......................... 200 300
For a brewer warehouse permit....... 25 25

SB3359 - 46 - LRB103 37014 RPS 67129 b
For a craft distiller
warehouse permit................ 25 25
For a third-party retailer
delivery license. 1,500 1,750
Fees collected under this Section shall be paid into the
Dram Shop Fund. The State Commission shall waive license
renewal fees for those retailers' licenses that are designated
as "1A" by the State Commission and expire on or after July 1,
2022, and on or before June 30, 2023. One-half of the funds
received for a retailer's license shall be paid into the Dram
Shop Fund and one-half of the funds received for a retailer's
license shall be paid into the General Revenue Fund.
No fee shall be paid for licenses issued by the State
Commission to the following non-beverage users:
(a) Hospitals, sanitariums, or clinics when their use
of alcoholic liquor is exclusively medicinal, mechanical,
or scientific.
(b) Universities, colleges of learning, or schools
when their use of alcoholic liquor is exclusively
medicinal, mechanical, or scientific.
(c) Laboratories when their use is exclusively for the
purpose of scientific research.
(Source: P.A. 102-442, eff. 8-20-21; 102-558, eff. 8-20-21;
102-699, eff. 4-19-22; 102-1142, eff. 2-17-23; 103-154, eff.
6-30-23; revised 9-5-23.)

SB3359 - 47 - LRB103 37014 RPS 67129 b
(235 ILCS 5/6-16) (from Ch. 43, par. 131)
Sec. 6-16. Prohibited sales and possession.
(a) (i) No licensee nor any officer, associate, member,
representative, agent, or employee of such licensee shall
sell, give, or deliver alcoholic liquor to any person under
the age of 21 years or to any intoxicated person, except as
provided in Section 6-16.1. (ii) No express company, common
carrier, or contract carrier nor any representative, agent, or
employee on behalf of an express company, common carrier, or
contract carrier that carries or transports alcoholic liquor
for delivery within this State shall knowingly give or
knowingly deliver to a residential address any shipping
container clearly labeled as containing alcoholic liquor and
labeled as requiring signature of an adult of at least 21 years
of age to any person in this State under the age of 21 years.
An express company, common carrier, or contract carrier that
carries or transports such alcoholic liquor for delivery
within this State shall obtain a signature at the time of
delivery acknowledging receipt of the alcoholic liquor by an
adult who is at least 21 years of age. At no time while
delivering alcoholic beverages within this State may any
representative, agent, or employee of an express company,
common carrier, or contract carrier that carries or transports
alcoholic liquor for delivery within this State deliver the
alcoholic liquor to a residential address without the
acknowledgment of the consignee and without first obtaining a

SB3359 - 48 - LRB103 37014 RPS 67129 b
signature at the time of the delivery by an adult who is at
least 21 years of age. A signature of a person on file with the
express company, common carrier, or contract carrier does not
constitute acknowledgement of the consignee. Any express
company, common carrier, or contract carrier that transports
alcoholic liquor for delivery within this State that violates
this item (ii) of this subsection (a) by delivering alcoholic
liquor without the acknowledgement of the consignee and
without first obtaining a signature at the time of the
delivery by an adult who is at least 21 years of age is guilty
of a business offense for which the express company, common
carrier, or contract carrier that transports alcoholic liquor
within this State shall be fined not more than $1,001 for a
first offense, not more than $5,000 for a second offense, and
not more than $10,000 for a third or subsequent offense. An
express company, common carrier, or contract carrier shall be
held vicariously liable for the actions of its
representatives, agents, or employees. For purposes of this
Act, in addition to other methods authorized by law, an
express company, common carrier, or contract carrier shall be
considered served with process when a representative, agent,
or employee alleged to have violated this Act is personally
served. Each shipment of alcoholic liquor delivered in
violation of this item (ii) of this subsection (a) constitutes
a separate offense. (iii) No person, after purchasing or
otherwise obtaining alcoholic liquor, shall sell, give, or

SB3359 - 49 - LRB103 37014 RPS 67129 b
deliver such alcoholic liquor to another person under the age
of 21 years, except in the performance of a religious ceremony
or service. Except as otherwise provided in item (ii), any
express company, common carrier, or contract carrier that
transports alcoholic liquor within this State that violates
the provisions of item (i), (ii), or (iii) of this paragraph of
this subsection (a) is guilty of a Class A misdemeanor and the
sentence shall include, but shall not be limited to, a fine of
not less than $500. Any person who violates the provisions of
item (iii) of this paragraph of this subsection (a) is guilty
of a Class A misdemeanor and the sentence shall include, but
shall not be limited to a fine of not less than $500 for a
first offense and not less than $2,000 for a second or
subsequent offense. Any person who knowingly violates the
provisions of item (iii) of this paragraph of this subsection
(a) is guilty of a Class 4 felony if a death occurs as the
result of the violation.
If a licensee or officer, associate, member,
representative, agent, or employee of the licensee, or a
representative, agent, or employee of an express company,
common carrier, or contract carrier that carries or transports
alcoholic liquor for delivery within this State, is prosecuted
under this paragraph of this subsection (a) for selling,
giving, or delivering alcoholic liquor to a person under the
age of 21 years, the person under 21 years of age who attempted
to buy or receive the alcoholic liquor may be prosecuted

SB3359 - 50 - LRB103 37014 RPS 67129 b
pursuant to Section 6-20 of this Act, unless the person under
21 years of age was acting under the authority of a law
enforcement agency, the Illinois Liquor Control Commission, or
a local liquor control commissioner pursuant to a plan or
action to investigate, patrol, or conduct any similar
enforcement action.
For the purpose of preventing the violation of this
Section, any licensee, or his agent or employee, or a
representative, agent, or employee of an express company,
common carrier, or contract carrier that carries or transports
alcoholic liquor for delivery within this State, shall refuse
to sell, deliver, or serve alcoholic beverages to any person
who is unable to produce adequate written evidence of identity
and of the fact that he or she is over the age of 21 years, if
requested by the licensee, agent, employee, or representative.
Adequate written evidence of age and identity of the
person is a document issued by a federal, state, county, or
municipal government, or subdivision or agency thereof,
including, but not limited to, a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the Armed Forces. Proof that the defendant-licensee,
or his employee or agent, or the representative, agent, or
employee of the express company, common carrier, or contract
carrier that carries or transports alcoholic liquor for
delivery within this State demanded, was shown and reasonably

SB3359 - 51 - LRB103 37014 RPS 67129 b
relied upon such written evidence in any transaction forbidden
by this Section is an affirmative defense in any criminal
prosecution therefor or to any proceedings for the suspension
or revocation of any license based thereon. It shall not,
however, be an affirmative defense if the agent or employee
accepted the written evidence knowing it to be false or
fraudulent. If a false or fraudulent Illinois driver's license
or Illinois identification card is presented by a person less
than 21 years of age to a licensee or the licensee's agent or
employee for the purpose of ordering, purchasing, attempting
to purchase, or otherwise obtaining or attempting to obtain
the serving of any alcoholic beverage, the law enforcement
officer or agency investigating the incident shall, upon the
conviction of the person who presented the fraudulent license
or identification, make a report of the matter to the
Secretary of State on a form provided by the Secretary of
State.
However, no agent or employee of the licensee or employee
of an express company, common carrier, or contract carrier
that carries or transports alcoholic liquor for delivery
within this State shall be disciplined or discharged for
selling or furnishing liquor to a person under 21 years of age
if the agent or employee demanded and was shown, before
furnishing liquor to a person under 21 years of age, adequate
written evidence of age and identity of the person issued by a
federal, state, county or municipal government, or subdivision

SB3359 - 52 - LRB103 37014 RPS 67129 b
or agency thereof, including but not limited to a motor
vehicle operator's license, a registration certificate issued
under the Federal Selective Service Act, or an identification
card issued to a member of the Armed Forces. This paragraph,
however, shall not apply if the agent or employee accepted the
written evidence knowing it to be false or fraudulent.
Any person who sells, gives, or furnishes to any person
under the age of 21 years any false or fraudulent written,
printed, or photostatic evidence of the age and identity of
such person or who sells, gives or furnishes to any person
under the age of 21 years evidence of age and identification of
any other person is guilty of a Class A misdemeanor and the
person's sentence shall include, but shall not be limited to,
a fine of not less than $500.
Any person under the age of 21 years who presents or offers
to any licensee, his agent or employee, any written, printed
or photostatic evidence of age and identity that is false,
fraudulent, or not actually his or her own for the purpose of
ordering, purchasing, attempting to purchase or otherwise
procuring or attempting to procure, the serving of any
alcoholic beverage, who falsely states in writing that he or
she is at least 21 years of age when receiving alcoholic liquor
from a representative, agent, or employee of an express
company, common carrier, or contract carrier, or who has in
his or her possession any false or fraudulent written,
printed, or photostatic evidence of age and identity, is

SB3359 - 53 - LRB103 37014 RPS 67129 b
guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, the following: a
fine of not less than $500 and at least 25 hours of community
service. If possible, any community service shall be performed
for an alcohol abuse prevention program.
Any person under the age of 21 years who has any alcoholic
beverage in his or her possession on any street or highway or
in any public place or in any place open to the public is
guilty of a Class A misdemeanor. This Section does not apply to
possession by a person under the age of 21 years making a
delivery of an alcoholic beverage in pursuance of the order of
his or her parent or in pursuance of his or her employment.
(a-1) It is unlawful for any parent or guardian to
knowingly permit his or her residence, any other private
property under his or her control, or any vehicle, conveyance,
or watercraft under his or her control to be used by an invitee
of the parent's child or the guardian's ward, if the invitee is
under the age of 21, in a manner that constitutes a violation
of this Section. A parent or guardian is deemed to have
knowingly permitted his or her residence, any other private
property under his or her control, or any vehicle, conveyance,
or watercraft under his or her control to be used in violation
of this Section if he or she knowingly authorizes or permits
consumption of alcoholic liquor by underage invitees. Any
person who violates this subsection (a-1) is guilty of a Class
A misdemeanor and the person's sentence shall include, but

SB3359 - 54 - LRB103 37014 RPS 67129 b
shall not be limited to, a fine of not less than $500. Where a
violation of this subsection (a-1) directly or indirectly
results in great bodily harm or death to any person, the person
violating this subsection shall be guilty of a Class 4 felony.
Nothing in this subsection (a-1) shall be construed to
prohibit the giving of alcoholic liquor to a person under the
age of 21 years in the performance of a religious ceremony or
service in observation of a religious holiday.
For the purposes of this subsection (a-1) where the
residence or other property has an owner and a tenant or
lessee, the trier of fact may infer that the residence or other
property is occupied only by the tenant or lessee.
(b) Except as otherwise provided in this Section whoever
violates this Section shall, in addition to other penalties
provided for in this Act, be guilty of a Class A misdemeanor.
(c) Any person shall be guilty of a Class A misdemeanor
where he or she knowingly authorizes or permits a residence
which he or she occupies to be used by an invitee under 21
years of age and:
(1) the person occupying the residence knows that any
such person under the age of 21 is in possession of or is
consuming any alcoholic beverage; and
(2) the possession or consumption of the alcohol by
the person under 21 is not otherwise permitted by this
Act.
For the purposes of this subsection (c) where the

SB3359 - 55 - LRB103 37014 RPS 67129 b
residence has an owner and a tenant or lessee, the trier of
fact may infer that the residence is occupied only by the
tenant or lessee. The sentence of any person who violates this
subsection (c) shall include, but shall not be limited to, a
fine of not less than $500. Where a violation of this
subsection (c) directly or indirectly results in great bodily
harm or death to any person, the person violating this
subsection (c) shall be guilty of a Class 4 felony. Nothing in
this subsection (c) shall be construed to prohibit the giving
of alcoholic liquor to a person under the age of 21 years in
the performance of a religious ceremony or service in
observation of a religious holiday.
A person shall not be in violation of this subsection (c)
if (A) he or she requests assistance from the police
department or other law enforcement agency to either (i)
remove any person who refuses to abide by the person's
performance of the duties imposed by this subsection (c) or
(ii) terminate the activity because the person has been unable
to prevent a person under the age of 21 years from consuming
alcohol despite having taken all reasonable steps to do so and
(B) this assistance is requested before any other person makes
a formal complaint to the police department or other law
enforcement agency about the activity.
(d) Any person who rents a hotel or motel room from the
proprietor or agent thereof for the purpose of or with the
knowledge that such room shall be used for the consumption of

SB3359 - 56 - LRB103 37014 RPS 67129 b
alcoholic liquor by persons under the age of 21 years shall be
guilty of a Class A misdemeanor.
(e) Except as otherwise provided in this Act, any person
who has alcoholic liquor in his or her possession on public
school district property on school days or at events on public
school district property when children are present is guilty
of a petty offense, unless the alcoholic liquor (i) is in the
original container with the seal unbroken and is in the
possession of a person who is not otherwise legally prohibited
from possessing the alcoholic liquor or (ii) is in the
possession of a person in or for the performance of a religious
service or ceremony authorized by the school board.
(Source: P.A. 97-1049, eff. 1-1-13; 98-1017, eff. 1-1-15.)
(235 ILCS 5/6-27.1)
Sec. 6-27.1. Responsible alcohol service server training.
(a) Unless issued a valid server training certificate
between July 1, 2012 and July 1, 2015 by a certified Beverage
Alcohol Sellers and Servers Education and Training (BASSET)
trainer, all alcohol servers in Cook County are required to
obtain and complete training in basic responsible alcohol
service as outlined in 77 Ill. Adm. Code 3500, as those
provisions exist on July 1, 2015 (the effective date of Public
Act 98-939), by July 1, 2015 or within 120 days after the
alcohol server begins his or her employment, whichever is
later. All alcohol servers in a county, other than Cook

SB3359 - 57 - LRB103 37014 RPS 67129 b
County, with a population of 200,000 inhabitants or more are
required to obtain and complete training in basic responsible
alcohol service as outlined in 77 Ill. Adm. Code 3500, as those
provisions exist on July 1, 2015 (the effective date of Public
Act 98-939), by July 1, 2016 or within 120 days after the
alcohol server begins his or her employment, whichever is
later. All alcohol servers in a county with a population of
more than 30,000 inhabitants and less than 200,000 inhabitants
are required to obtain and complete training in basic
responsible alcohol service as outlined in 77 Ill. Adm. Code
3500, as those provisions exist on July 1, 2015 (the effective
date of Public Act 98-939), by July 1, 2017 or within 120 days
after the alcohol server begins his or her employment,
whichever is later. All alcohol servers in counties with a
population of 30,000 inhabitants or less are required to
obtain and complete training in basic responsible alcohol
service as outlined in 77 Ill. Adm. Code 3500, as those
provisions exist on July 1, 2015 (the effective date of Public
Act 98-939), by July 1, 2018 or within 120 days after the
alcohol server begins his or her employment, whichever is
later.
There is no limit to the amount of times a server may take
the training. A certificate of training belongs to the server,
and a server may transfer a certificate of training to a
different employer, but shall not transfer a certificate of
training to another server. Proof that an alcohol server has

SB3359 - 58 - LRB103 37014 RPS 67129 b
been trained must be available upon reasonable request by
State law enforcement officials. For the purpose of this
Section, "alcohol servers" means persons who sell or serve
open containers of alcoholic beverages at retail, anyone who
delivers alcoholic liquor on behalf of a third-party retailer
delivery licensee, anyone who delivers mixed drinks under
Section 6-28.8, and anyone whose job description entails the
checking of identification for the purchase of open containers
of alcoholic beverages at retail or for entry into the
licensed premises. The definition does not include (i) a
distributor or importing distributor conducting product
sampling as authorized in Section 6-31 of this Act or a
registered tasting representative, as provided in 11 Ill. Adm.
Code 100.40, conducting a tasting, as defined in 11 Ill. Adm.
Code 100.10; (ii) a volunteer serving alcoholic beverages at a
charitable function; or (iii) an instructor engaged in
training or educating on the proper technique for using a
system that dispenses alcoholic beverages.
(b) Responsible alcohol service training must cover and
assess knowledge of the topics noted in 77 Ill. Adm. Code
3500.155.
(c) Beginning on the effective date of this amendatory Act
of the 98th General Assembly, but no later than October 1,
2015, all existing BASSET trainers who are already BASSET
certified as of the effective date of this amendatory Act of
the 98th General Assembly shall be recertified by the State

SB3359 - 59 - LRB103 37014 RPS 67129 b
Commission and be required to comply with the conditions for
server training set forth in this amendatory Act of the 98th
General Assembly.
(d) Training modules and certificate program plans must be
approved by the State Commission. All documents, materials, or
information related to responsible alcohol service training
program approval that are submitted to the State Commission
are confidential and shall not be open to public inspection or
dissemination and are exempt from disclosure.
The State Commission shall only approve programs that meet
the following criteria:
(1) the training course covers the content specified
in 77 Ill. Adm. Code 3500.155;
(2) if the training course is classroom-based, the
classroom training is at least 4 hours, is available in
English and Spanish, and includes a test;
(3) if the training course is online or
computer-based, the course is designed in a way that
ensures that no content can be skipped, is interactive,
has audio for content for servers that have a disability,
and includes a test;
(4) training and testing is based on a job task
analysis that clearly identifies and focuses on the
knowledge, skills, and abilities needed to responsibly
serve alcoholic beverages and is developed using best
practices in instructional design and exam development to

SB3359 - 60 - LRB103 37014 RPS 67129 b
ensure that the program is fair and legally defensible;
(5) training and testing is conducted by any means
available, including, but not limited to, online,
computer, classroom, or live trainers; and
(6) the program must provide access on a
24-hour-per-day, 7-days-per-week basis for certificate
verification for State Commission, State law enforcement
officials, and employers to be able to verify certificate
authenticity.
(e) Nothing in subsection (d) of this Section shall be
construed to require a program to use a test administrator or
proctor.
(f) A certificate issued from a BASSET-licensed training
program shall be accepted as meeting the training requirements
for all server license and permit laws and ordinances in the
State.
(g) A responsible alcohol service training certificate
from a BASSET-licensed program shall be valid for 3 years.
(h) The provisions of this Section shall apply beginning
July 1, 2015. From July 1, 2015 through December 31, 2015,
enforcement of the provisions of this Section shall be limited
to education and notification of the requirements to encourage
compliance.
(i) The provisions of this Section do not apply to a
special event retailer.
(Source: P.A. 101-631, eff. 6-2-20.)

SB3359 - 61 - LRB103 37014 RPS 67129 b
(235 ILCS 5/6-28.8)
(Section scheduled to be repealed on August 1, 2028)
Sec. 6-28.8. Delivery and carry out of mixed drinks
permitted.
(a) In this Section:
"Cocktail" or "mixed drink" means any beverage obtained by
combining ingredients alcoholic in nature, whether brewed,
fermented, or distilled, with ingredients non-alcoholic in
nature, such as fruit juice, lemonade, cream, or a carbonated
beverage.
"Original container" means, for the purposes of this
Section only, a container that is (i) filled, sealed, and
secured by a retail licensee's employee at the retail
licensee's location with a tamper-evident lid or cap or (ii)
filled and labeled by the manufacturer and secured by the
manufacturer's original unbroken seal.
"Sealed container" means a rigid container that contains a
mixed drink or a single serving of wine, is new, has never been
used, has a secured lid or cap designed to prevent consumption
without removal of the lid or cap, and is tamper-evident.
"Sealed container" includes a manufacturer's original
container as defined in this subsection. "Sealed container"
does not include a container with a lid with sipping holes or
openings for straws or a container made of plastic, paper, or
polystyrene foam.

SB3359 - 62 - LRB103 37014 RPS 67129 b
"Tamper-evident" means a lid or cap that has been sealed
with tamper-evident covers, including, but not limited to, wax
dip or heat shrink wrap.
(b) A cocktail, mixed drink, or single serving of wine
placed in a sealed container by a retail licensee at the retail
licensee's location or a manufacturer's original container may
be transferred and sold for off-premises consumption if the
following requirements are met:
(1) the cocktail, mixed drink, or single serving of
wine is transferred within the licensed premises, by a
curbside pickup, or by delivery by an employee of the
retail licensee who:
(A) has been trained in accordance with Section
6-27.1 at the time of the sale;
(B) is at least 21 years of age; and
(C) upon delivery, verifies the age of the person
to whom the cocktail, mixed drink, or single serving
of wine is being delivered by obtaining a signature
from a recipient aged 21 or over;
(2) if the employee delivering the cocktail, mixed
drink, or single serving of wine is not able to safely
verify a person's age or level of intoxication upon
delivery or is otherwise not able to complete the
delivery, the employee shall cancel the sale of alcohol
and return the product to the retail license holder;
(3) the sealed container is placed in the trunk of the

SB3359 - 63 - LRB103 37014 RPS 67129 b
vehicle or if there is no trunk, in the vehicle's rear
compartment that is not readily accessible to the
passenger area;
(4) except for a manufacturer's original container, a
container filled and sealed at a retail licensee's
location shall be affixed with a label or tag that
contains the following information:
(A) the cocktail or mixed drink ingredients, type,
and name of the alcohol;
(B) the name, license number, and address of the
retail licensee that filled the original container and
sold the product;
(C) the volume of the cocktail, mixed drink, or
single serving of wine in the sealed container; and
(D) the sealed container was filled less than 7
days before the date of sale. ; and
(5) a manufacturer's original container shall be
affixed with a label or tag that contains the name,
license number, and address of the retail licensee that
sold the product.
(c) Third-party retailer delivery licensees delivery
services are not permitted to deliver cocktails and mixed
drinks under this Section.
(d) If there is an executive order of the Governor in
effect during a disaster, the employee delivering the mixed
drink, cocktail, or single serving of wine must comply with

SB3359 - 64 - LRB103 37014 RPS 67129 b
any requirements of that executive order, including, but not
limited to, wearing gloves and a mask and maintaining
distancing requirements when interacting with the public.
(e) Delivery or carry out of a cocktail, mixed drink, or
single serving of wine is prohibited if:
(1) a third party delivers the cocktail or mixed
drink;
(2) a container of a mixed drink, cocktail, or single
serving of wine is not tamper-evident and sealed;
(3) a container of a mixed drink, cocktail, or single
serving of wine is transported in the passenger area of a
vehicle;
(4) a mixed drink, cocktail, or single serving of wine
is delivered by a person or to a person who is under the
age of 21; or
(5) the person delivering a mixed drink, cocktail, or
single serving of wine fails to verify the age of the
person to whom the mixed drink or cocktail is being
delivered.
(f) Violations of this Section shall be subject to any
applicable penalties, including, but not limited to, the
penalties specified under Section 11-502 of the Illinois
Vehicle Code.
(f-5) This Section is not intended to prohibit or preempt
the ability of a brew pub, tap room, or distilling pub to
continue to temporarily deliver alcoholic liquor pursuant to

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guidance issued by the State Commission on March 19, 2020
entitled "Illinois Liquor Control Commission, COVID-19 Related
Actions, Guidance on Temporary Delivery of Alcoholic Liquor".
This Section shall only grant authorization to holders of
State of Illinois retail liquor licenses but not to licensees
that simultaneously hold any licensure or privilege to
manufacture alcoholic liquors within or outside of the State
of Illinois.
(g) This Section is not a denial or limitation of home rule
powers and functions under Section 6 of Article VII of the
Illinois Constitution.
(h) This Section is repealed on August 1, 2028.
(Source: P.A. 102-8, eff. 6-2-21; 103-4, eff. 5-31-23.)
(235 ILCS 5/6-28.9 new)
Sec. 6-28.9. Third-party retailer delivery licensee
requirements.
(a) A person who is not licensed as a retailer under this
Act shall not deliver alcoholic liquor unless that person
holds a third-party retailer delivery license. A third-party
retailer delivery license is not required for deliveries made
directly by a retailer licensee, including by an employee of a
retailer licensee. This Section does not authorize a
third-party retailer delivery licensee or any other person to
deliver alcoholic liquor on behalf of or from any non-retailer
liquor license holder, including, but not limited to, license

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holders with the privilege to manufacture alcoholic liquors
within or outside of the State, or from any other person
outside the State of Illinois. A person qualifies for a
third-party retailer delivery license if the person is not
prohibited from licensure under Section 6-2.
(b) A third-party retailer delivery licensee shall make
deliveries of alcoholic liquor in accordance with the
following conditions:
(1) All alcoholic liquor deliveries pursuant to this
Section shall be for alcoholic liquor sold not for resale
by retailer licensees authorized to sell alcoholic liquor
for off-premises consumption under subsection (d) of
Section 5-1. Third-party retailer delivery licensees shall
not deliver alcoholic liquor on behalf of retailer
licensees authorized to sell alcoholic liquor for
on-premises consumption only.
(2) All alcoholic liquor deliveries pursuant to this
Section shall be for alcoholic liquor in the original
package. Alcoholic liquor sold pursuant to Section 6-28.8
may not be delivered by a third-party retailer delivery
licensee.
(3) A third-party retailer delivery licensee may
charge a consumer a reasonable delivery fee similar to
delivery fees for non-alcoholic liquor products but shall
not charge a fee greater than the fee for non-alcoholic
liquor products, shall not charge an additional fee for

SB3359 - 67 - LRB103 37014 RPS 67129 b
the delivery of alcoholic liquor, and shall not charge any
fee calculated as a percentage of alcoholic liquor sales.
(4) A third-party retailer delivery licensee shall
conduct screenings and background checks of all employees
and contractors that deliver alcoholic liquor on its
behalf. A third-party retailer delivery licensee may not
employ or contract with a person if that person would be
prohibited from licensure under Section 6-2.
(5) A third-party retailer delivery licensee shall
maintain a general liability insurance policy with a
liquor liability addendum for the minimum coverage
required by this Act.
(6) A third-party retailer delivery licensee is
subject to the provisions of Section 6-5 of this Act and
shall not receive anything of value from a licensed
manufacturer, non-resident dealer, distributor, importing
distributor, or foreign importer, including, but not
limited to, revenue for any advertisement or website
placement of alcoholic liquor products on a third-party
retailer delivery licensee website or online application.
(7) A third-party retailer delivery licensee shall not
resell alcoholic liquor nor shall a third-party retailer
delivery licensee deliver alcoholic liquor to a location
licensed to sell alcoholic liquor, except for private use
at locations licensed as a hotel, as defined in Section
1-3.25, or other similar accommodations.

SB3359 - 68 - LRB103 37014 RPS 67129 b
(8) If the third-party retailer delivery licensee
advertises the price of alcoholic liquor, then the price
advertised shall be identical to the price charged by the
retailer licensee. All alcoholic liquor products offered
by a retailer licensee shall be offered by the third-party
retailer delivery licensee. The retailer licensee shall be
responsible for ensuring that the third-party retailer
delivery licensee advertises the identical price for the
alcoholic liquor as advertised and sold by the retailer
licensee and offers the identical products offered and
sold by the retailer licensee.
(9) The third-party retailer delivery licensee may
receive orders and accept payments through a website or
through a mobile application or similar technology if the
payments for alcoholic liquor are immediately directed to
an account owned and controlled by the retailer licensee
and the website or similar application identifies the name
and address of the retailer licensee prior to completion
of the sale.
(10) The third-party retailer delivery licensee shall
maintain a record of all deliveries of alcoholic liquor
for a period of 3 years from the date of delivery and shall
make such records available to the State Commission within
a reasonable time upon request. The record of each
delivery shall include the following:
(A) The name and address of the retailer licensee

SB3359 - 69 - LRB103 37014 RPS 67129 b
from which the alcoholic liquor was purchased.
(B) The name, date of birth, address, and
signature of the recipient of the alcoholic liquor.
(C) The name of the delivery agent making the
delivery and the date, time, and address of the
delivery.
(D) The type, brand, and quantity of each
alcoholic liquor delivered.
(E) An itemization of the alcoholic liquor
products sold and the price of each alcoholic liquor
item.
(11) A retailer licensee shall accept or reject all
orders placed for alcoholic liquor through the third-party
retailer delivery licensee; collect and remit all
applicable State and local taxes (unless otherwise
required by the Department of Revenue); and determine the
price at which alcoholic liquor products are offered for
sale by the retailer licensee and delivered by the
third-party retailer delivery licensee. Any credit or
debit card information provided by a consumer to the
third-party retailer delivery licensee for the purchase of
alcoholic liquor from a retailer licensee shall be
directly charged to the retailer licensee and shall be
recorded as a charge by the retailer licensee on the
consumer receipt or record of the charge.
(12) A retailer licensee may enter into a contract

SB3359 - 70 - LRB103 37014 RPS 67129 b
with a third-party retailer delivery licensee for a fixed
fee for services, but the fee shall not be based on a
percentage of the total receipts of alcoholic liquor
sales. All contracts between the retailer licensee and a
third-party retailer delivery licensee shall be provided
by the retailer licensee or third-party retailer delivery
licensee upon the request of the State Commission.
(13) Subject to the review of the State Commission, a
third-party retailer delivery licensee shall use updated
identification scanning or similar technology for
cross-checking governmental databases for the purpose of
verifying the age and likeness of the presenter.
(235 ILCS 5/6-28.10 new)
Sec. 6-28.10. Alcoholic liquor delivery requirements.
(a) For deliveries pursuant to subsection (d) of Section
5-1 and Section 6-28.9, a retailer licensee and third-party
retailer delivery licensee shall:
(1) conduct deliveries by a person 21 years of age or
over holding a valid Beverage Alcohol Sellers and Servers
Education Training (BASSET) certificate issued pursuant to
Section 6-27.1 of this Act. A third-party retailer
delivery licensee may request a waiver of the BASSET
requirement for third-party retailer delivery licensee
contract deliverers if the third-party retailer delivery
licensee provides proof of its training module or program

SB3359 - 71 - LRB103 37014 RPS 67129 b
demonstrating to the satisfaction of the State Commission
that such training module or program satisfies BASSET
principles, such as underage or intoxicated person access
prevention;
(2) examine the data and the photograph on the
identification of the recipient and obtain the signature
from the recipient to verify the recipient is 21 years of
age or older. The data and the photograph of the recipient
shall demonstrate a reasonable likeness of the recipient;
(3) include a statement clearly visible on the outside
of the packaging that the delivery contains alcoholic
liquor not to be provided to any person under the age of
21;
(4) fulfill the delivery order from the retailer
licensee's location nearest to the address of the
recipient;
(5) require the return of deliveries to the retailer
licensee's location from which the alcoholic liquor is
purchased if a delivery was attempted to an unqualified
recipient, delivery was attempted to a recipient who
refused delivery, or a delivery was unable to be completed
for any other reason. An unqualified recipient of an
alcoholic liquor delivery includes circumstances in which:
(A) there is reason to doubt the authenticity or
correctness of the recipient's identification;
(B) the recipient refuses to sign for the receipt

SB3359 - 72 - LRB103 37014 RPS 67129 b