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1 | | AN ACT concerning liquor.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Liquor Control Act of 1934 is amended by |
5 | | changing Sections 5-1 and 5-3 as follows:
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6 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) |
7 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control |
8 | | Commission
shall be of the following classes: |
9 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. |
10 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
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11 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. |
12 | | First Class Winemaker, Class 7. Second Class Winemaker, Class |
13 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class |
14 | | 10. Craft Brewer, |
15 | | (b) Distributor's license, |
16 | | (c) Importing Distributor's license, |
17 | | (d) Retailer's license, |
18 | | (e) Special Event Retailer's license (not-for-profit), |
19 | | (f) Railroad license, |
20 | | (g) Boat license, |
21 | | (h) Non-Beverage User's license, |
22 | | (i) Wine-maker's premises license, |
23 | | (j) Airplane license, |
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1 | | (k) Foreign importer's license, |
2 | | (l) Broker's license, |
3 | | (m) Non-resident dealer's
license, |
4 | | (n) Brew Pub license, |
5 | | (o) Auction liquor license, |
6 | | (p) Caterer retailer license, |
7 | | (q) Special use permit license, |
8 | | (r) Winery shipper's license.
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9 | | No
person, firm, partnership, corporation, or other legal |
10 | | business entity that is
engaged in the manufacturing of wine |
11 | | may concurrently obtain and hold a
wine-maker's license and a |
12 | | wine manufacturer's license. |
13 | | (a) A manufacturer's license shall allow the manufacture,
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14 | | importation in bulk, storage, distribution and sale of |
15 | | alcoholic liquor
to persons without the State, as may be |
16 | | permitted by law and to licensees
in this State as follows: |
17 | | Class 1. A Distiller may make sales and deliveries of |
18 | | alcoholic liquor to
distillers, rectifiers, importing |
19 | | distributors, distributors and
non-beverage users and to no |
20 | | other licensees. |
21 | | Class 2. A Rectifier, who is not a distiller, as defined |
22 | | herein, may make
sales and deliveries of alcoholic liquor to |
23 | | rectifiers, importing distributors,
distributors, retailers |
24 | | and non-beverage users and to no other licensees. |
25 | | Class 3. A Brewer may make sales and deliveries of beer to |
26 | | importing
distributors and distributors and may make sales as |
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1 | | authorized under subsection (e) of Section 6-4 of this Act. |
2 | | Class 4. A first class wine-manufacturer may make sales and |
3 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
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4 | | importing
distributors and distributors, and to no other |
5 | | licensees. |
6 | | Class 5. A second class Wine manufacturer may make sales |
7 | | and deliveries
of more than 50,000 gallons of wine to |
8 | | manufacturers, importing distributors
and distributors and to |
9 | | no other licensees. |
10 | | Class 6. A first-class wine-maker's license shall allow the |
11 | | manufacture
of up to 50,000 gallons of wine per year, and the
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12 | | storage
and sale of such
wine to distributors in the State and |
13 | | to persons without the
State, as may be permitted by law. A |
14 | | person who, prior to the effective date of this amendatory Act |
15 | | of the 95th General Assembly, is a holder of a first-class |
16 | | wine-maker's license and annually produces more than 25,000 |
17 | | gallons of its own wine and who distributes its wine to |
18 | | licensed retailers shall cease this practice on or before July |
19 | | 1, 2008 in compliance with this amendatory Act of the 95th |
20 | | General Assembly. |
21 | | Class 7. A second-class wine-maker's license shall allow |
22 | | the manufacture
of between 50,000 and 150,000 gallons of wine |
23 | | per year, and
the
storage and sale of such wine
to distributors |
24 | | in this State and to persons without the State, as may be
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25 | | permitted by law. A person who, prior to the effective date of |
26 | | this amendatory Act of the 95th General Assembly, is a holder |
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1 | | of a second-class wine-maker's license and annually produces |
2 | | more than 25,000 gallons of its own wine and who distributes |
3 | | its wine to licensed retailers shall cease this practice on or |
4 | | before July 1, 2008 in compliance with this amendatory Act of |
5 | | the 95th General Assembly. |
6 | | Class 8. A limited wine-manufacturer may make sales and |
7 | | deliveries not to
exceed 40,000 gallons of wine per year to |
8 | | distributors, and to
non-licensees in accordance with the |
9 | | provisions of this Act. |
10 | | Class 9. A craft distiller license shall allow the |
11 | | manufacture of up to 15,000 gallons of spirits by distillation |
12 | | per year and the storage of such spirits. If a craft distiller |
13 | | licensee is not affiliated with any other manufacturer, then |
14 | | the craft distiller licensee may sell such spirits to |
15 | | distributors in this State and non-licensees to the extent |
16 | | permitted by any exemption approved by the Commission pursuant |
17 | | to Section 6-4 of this Act. |
18 | | Any craft distiller licensed under this Act who on the |
19 | | effective date of this amendatory Act of the 96th General |
20 | | Assembly was licensed as a distiller and manufactured no more |
21 | | spirits than permitted by this Section shall not be required to |
22 | | pay the initial licensing fee. |
23 | | Class 10. A craft brewer's license, which may only be |
24 | | issued to a licensed brewer or licensed non-resident dealer, |
25 | | shall allow the manufacture of up to 465,000 gallons of beer |
26 | | per year. A craft brewer licensee may make sales and deliveries |
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1 | | to importing distributors and distributors and to retail |
2 | | licensees in accordance with the conditions set forth in |
3 | | paragraph (18) of subsection (a) of Section 3-12 of this Act. |
4 | | (a-1) A manufacturer which is licensed in this State to |
5 | | make sales or
deliveries of alcoholic liquor and which enlists |
6 | | agents, representatives, or
individuals acting on its behalf |
7 | | who contact licensed retailers on a regular
and continual basis |
8 | | in this State must register those agents, representatives,
or |
9 | | persons acting on its behalf with the State Commission. |
10 | | Registration of agents, representatives, or persons acting |
11 | | on behalf of a
manufacturer is fulfilled by submitting a form |
12 | | to the Commission. The form
shall be developed by the |
13 | | Commission and shall include the name and address of
the |
14 | | applicant, the name and address of the manufacturer he or she |
15 | | represents,
the territory or areas assigned to sell to or |
16 | | discuss pricing terms of
alcoholic liquor, and any other |
17 | | questions deemed appropriate and necessary.
All statements in |
18 | | the forms required to be made by law or by rule shall be
deemed |
19 | | material, and any person who knowingly misstates any material |
20 | | fact under
oath in an application is guilty of a Class B |
21 | | misdemeanor. Fraud,
misrepresentation, false statements, |
22 | | misleading statements, evasions, or
suppression of material |
23 | | facts in the securing of a registration are grounds for
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24 | | suspension or revocation of the registration. |
25 | | (b) A distributor's license shall allow the wholesale |
26 | | purchase and storage
of alcoholic liquors and sale of alcoholic |
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1 | | liquors to licensees
in this State and to persons without the |
2 | | State, as may be permitted by law. |
3 | | (c) An importing distributor's license may be issued to and |
4 | | held by
those only who are duly licensed distributors, upon the |
5 | | filing of an
application by a duly licensed distributor, with |
6 | | the Commission and
the Commission shall, without the
payment of |
7 | | any fee, immediately issue such importing distributor's
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8 | | license to the applicant, which shall allow the importation of |
9 | | alcoholic
liquor by the licensee into this State from any point |
10 | | in the United
States outside this State, and the purchase of |
11 | | alcoholic liquor in
barrels, casks or other bulk containers and |
12 | | the bottling of such
alcoholic liquors before resale thereof, |
13 | | but all bottles or containers
so filled shall be sealed, |
14 | | labeled, stamped and otherwise made to comply
with all |
15 | | provisions, rules and regulations governing manufacturers in
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16 | | the preparation and bottling of alcoholic liquors. The |
17 | | importing
distributor's license shall permit such licensee to |
18 | | purchase alcoholic
liquor from Illinois licensed non-resident |
19 | | dealers and foreign importers only. |
20 | | (d) A retailer's license shall allow the licensee to sell |
21 | | and offer
for sale at retail, only in the premises specified in |
22 | | the license,
alcoholic liquor for use or consumption, but not |
23 | | for resale in any form. Nothing in this amendatory Act of the |
24 | | 95th General Assembly shall deny, limit, remove, or restrict |
25 | | the ability of a holder of a retailer's license to transfer, |
26 | | deliver, or ship alcoholic liquor to the purchaser for use or |
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1 | | consumption subject to any applicable local law or ordinance. |
2 | | Any retail license issued to a manufacturer shall only
permit |
3 | | the manufacturer to sell beer at retail on the premises |
4 | | actually
occupied by the manufacturer. For the purpose of |
5 | | further describing the type of business conducted at a retail |
6 | | licensed premises, a retailer's licensee may be designated by |
7 | | the State Commission as (i) an on premise consumption retailer, |
8 | | (ii) an off premise sale retailer, or (iii) a combined on |
9 | | premise consumption and off premise sale retailer.
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10 | | Notwithstanding any other provision of this subsection |
11 | | (d), a retail
licensee may sell alcoholic liquors to a special |
12 | | event retailer licensee for
resale to the extent permitted |
13 | | under subsection (e). |
14 | | (e) A special event retailer's license (not-for-profit) |
15 | | shall permit the
licensee to purchase alcoholic liquors from an |
16 | | Illinois licensed distributor
(unless the licensee purchases |
17 | | less than $500 of alcoholic liquors for the
special event, in |
18 | | which case the licensee may purchase the alcoholic liquors
from |
19 | | a licensed retailer) and shall allow the licensee to sell and |
20 | | offer for
sale, at retail, alcoholic liquors for use or |
21 | | consumption, but not for resale
in any form and only at the |
22 | | location and on the specific dates designated for
the special |
23 | | event in the license. An applicant for a special event retailer
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24 | | license must
(i) furnish with the application: (A) a resale |
25 | | number issued under Section
2c of the Retailers' Occupation Tax |
26 | | Act or evidence that the applicant is
registered under Section |
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1 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid |
2 | | exemption identification
number issued under Section 1g of the |
3 | | Retailers' Occupation Tax Act, and a
certification to the |
4 | | Commission that the purchase of alcoholic liquors will be
a |
5 | | tax-exempt purchase, or (C) a statement that the applicant is |
6 | | not registered
under Section 2a of the Retailers' Occupation |
7 | | Tax Act, does not hold a resale
number under Section 2c of the |
8 | | Retailers' Occupation Tax Act, and does not
hold an exemption |
9 | | number under Section 1g of the Retailers' Occupation Tax
Act, |
10 | | in which event the Commission shall set forth on the special |
11 | | event
retailer's license a statement to that effect; (ii) |
12 | | submit with the application proof satisfactory to
the State |
13 | | Commission that the applicant will provide dram shop liability
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14 | | insurance in the maximum limits; and (iii) show proof |
15 | | satisfactory to the
State Commission that the applicant has |
16 | | obtained local authority
approval. |
17 | | (f) A railroad license shall permit the licensee to import |
18 | | alcoholic
liquors into this State from any point in the United |
19 | | States outside this
State and to store such alcoholic liquors |
20 | | in this State; to make wholesale
purchases of alcoholic liquors |
21 | | directly from manufacturers, foreign
importers, distributors |
22 | | and importing distributors from within or outside
this State; |
23 | | and to store such alcoholic liquors in this State; provided
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24 | | that the above powers may be exercised only in connection with |
25 | | the
importation, purchase or storage of alcoholic liquors to be |
26 | | sold or
dispensed on a club, buffet, lounge or dining car |
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1 | | operated on an electric,
gas or steam railway in this State; |
2 | | and provided further, that railroad
licensees exercising the |
3 | | above powers shall be subject to all provisions of
Article VIII |
4 | | of this Act as applied to importing distributors. A railroad
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5 | | license shall also permit the licensee to sell or dispense |
6 | | alcoholic
liquors on any club, buffet, lounge or dining car |
7 | | operated on an electric,
gas or steam railway regularly |
8 | | operated by a common carrier in this State,
but shall not |
9 | | permit the sale for resale of any alcoholic liquors to any
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10 | | licensee within this State. A license shall be obtained for |
11 | | each car in which
such sales are made. |
12 | | (g) A boat license shall allow the sale of alcoholic liquor |
13 | | in
individual drinks, on any passenger boat regularly operated |
14 | | as a common
carrier on navigable waters in this State or on any |
15 | | riverboat operated
under
the Riverboat Gambling Act, which boat |
16 | | or riverboat maintains a public
dining room or restaurant |
17 | | thereon. |
18 | | (h) A non-beverage user's license shall allow the licensee |
19 | | to
purchase alcoholic liquor from a licensed manufacturer or |
20 | | importing
distributor, without the imposition of any tax upon |
21 | | the business of such
licensed manufacturer or importing |
22 | | distributor as to such alcoholic
liquor to be used by such |
23 | | licensee solely for the non-beverage purposes
set forth in |
24 | | subsection (a) of Section 8-1 of this Act, and
such licenses |
25 | | shall be divided and classified and shall permit the
purchase, |
26 | | possession and use of limited and stated quantities of
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1 | | alcoholic liquor as follows: |
2 | | Class 1, not to exceed ......................... 500 gallons
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3 | | Class 2, not to exceed ....................... 1,000 gallons
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4 | | Class 3, not to exceed ....................... 5,000 gallons
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5 | | Class 4, not to exceed ...................... 10,000 gallons
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6 | | Class 5, not to exceed ....................... 50,000 gallons |
7 | | (i) A wine-maker's premises license shall allow a
licensee |
8 | | that concurrently holds a first-class wine-maker's license to |
9 | | sell
and offer for sale at retail in the premises specified in |
10 | | such license
not more than 50,000 gallons of the first-class |
11 | | wine-maker's wine that is
made at the first-class wine-maker's |
12 | | licensed premises per year for use or
consumption, but not for |
13 | | resale in any form. A wine-maker's premises
license shall allow |
14 | | a licensee who concurrently holds a second-class
wine-maker's |
15 | | license to sell and offer for sale at retail in the premises
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16 | | specified in such license up to 100,000 gallons of the
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17 | | second-class wine-maker's wine that is made at the second-class |
18 | | wine-maker's
licensed premises per year
for use or consumption |
19 | | but not for resale in any form. A wine-maker's premises license |
20 | | shall allow a
licensee that concurrently holds a first-class |
21 | | wine-maker's license or a second-class
wine-maker's license to |
22 | | sell
and offer for sale at retail at the premises specified in |
23 | | the wine-maker's premises license, for use or consumption but |
24 | | not for resale in any form, any beer, wine, and spirits |
25 | | purchased from a licensed distributor. Upon approval from the
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26 | | State Commission, a wine-maker's premises license
shall allow |
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1 | | the licensee to sell and offer for sale at (i) the wine-maker's
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2 | | licensed premises and (ii) at up to 2 additional locations for |
3 | | use and
consumption and not for resale. Each location shall |
4 | | require additional
licensing per location as specified in |
5 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
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6 | | secure liquor liability insurance coverage in an amount at
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7 | | least equal to the maximum liability amounts set forth in
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8 | | subsection (a) of Section 6-21 of this Act.
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9 | | (j) An airplane license shall permit the licensee to import
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10 | | alcoholic liquors into this State from any point in the United |
11 | | States
outside this State and to store such alcoholic liquors |
12 | | in this State; to
make wholesale purchases of alcoholic liquors |
13 | | directly from
manufacturers, foreign importers, distributors |
14 | | and importing
distributors from within or outside this State; |
15 | | and to store such
alcoholic liquors in this State; provided |
16 | | that the above powers may be
exercised only in connection with |
17 | | the importation, purchase or storage
of alcoholic liquors to be |
18 | | sold or dispensed on an airplane; and
provided further, that |
19 | | airplane licensees exercising the above powers
shall be subject |
20 | | to all provisions of Article VIII of this Act as
applied to |
21 | | importing distributors. An airplane licensee shall also
permit |
22 | | the sale or dispensing of alcoholic liquors on any passenger
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23 | | airplane regularly operated by a common carrier in this State, |
24 | | but shall
not permit the sale for resale of any alcoholic |
25 | | liquors to any licensee
within this State. A single airplane |
26 | | license shall be required of an
airline company if liquor |
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1 | | service is provided on board aircraft in this
State. The annual |
2 | | fee for such license shall be as determined in
Section 5-3. |
3 | | (k) A foreign importer's license shall permit such licensee |
4 | | to purchase
alcoholic liquor from Illinois licensed |
5 | | non-resident dealers only, and to
import alcoholic liquor other |
6 | | than in bulk from any point outside the
United States and to |
7 | | sell such alcoholic liquor to Illinois licensed
importing |
8 | | distributors and to no one else in Illinois;
provided that (i) |
9 | | the foreign importer registers with the State Commission
every
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10 | | brand of
alcoholic liquor that it proposes to sell to Illinois |
11 | | licensees during the
license period, (ii) the foreign importer |
12 | | complies with all of the provisions
of Section
6-9 of this Act |
13 | | with respect to registration of such Illinois licensees as may
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14 | | be granted the
right to sell such brands at wholesale, and |
15 | | (iii) the foreign importer complies with the provisions of |
16 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
17 | | provisions apply to manufacturers. |
18 | | (l) (i) A broker's license shall be required of all persons
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19 | | who solicit
orders for, offer to sell or offer to supply |
20 | | alcoholic liquor to
retailers in the State of Illinois, or who |
21 | | offer to retailers to ship or
cause to be shipped or to make |
22 | | contact with distillers, rectifiers,
brewers or manufacturers |
23 | | or any other party within or without the State
of Illinois in |
24 | | order that alcoholic liquors be shipped to a distributor,
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25 | | importing distributor or foreign importer, whether such |
26 | | solicitation or
offer is consummated within or without the |
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1 | | State of Illinois. |
2 | | No holder of a retailer's license issued by the Illinois |
3 | | Liquor
Control Commission shall purchase or receive any |
4 | | alcoholic liquor, the
order for which was solicited or offered |
5 | | for sale to such retailer by a
broker unless the broker is the |
6 | | holder of a valid broker's license. |
7 | | The broker shall, upon the acceptance by a retailer of the |
8 | | broker's
solicitation of an order or offer to sell or supply or |
9 | | deliver or have
delivered alcoholic liquors, promptly forward |
10 | | to the Illinois Liquor
Control Commission a notification of |
11 | | said transaction in such form as
the Commission may by |
12 | | regulations prescribe. |
13 | | (ii) A broker's license shall be required of
a person |
14 | | within this State, other than a retail licensee,
who, for a fee |
15 | | or commission, promotes, solicits, or accepts orders for
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16 | | alcoholic liquor, for use or consumption and not for
resale, to |
17 | | be shipped from this State and delivered to residents outside |
18 | | of
this State by an express company, common carrier, or |
19 | | contract carrier.
This Section does not apply to any person who |
20 | | promotes, solicits, or accepts
orders for wine as specifically |
21 | | authorized in Section 6-29 of this Act. |
22 | | A broker's license under this subsection (l)
shall not |
23 | | entitle the holder to
buy or sell any
alcoholic liquors for his |
24 | | own account or to take or deliver title to
such alcoholic |
25 | | liquors. |
26 | | This subsection (l)
shall not apply to distributors, |
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1 | | employees of
distributors, or employees of a manufacturer who |
2 | | has registered the
trademark, brand or name of the alcoholic |
3 | | liquor pursuant to Section 6-9
of this Act, and who regularly |
4 | | sells such alcoholic liquor
in the State of Illinois only to |
5 | | its registrants thereunder. |
6 | | Any agent, representative, or person subject to |
7 | | registration pursuant to
subsection (a-1) of this Section shall |
8 | | not be eligible to receive a broker's
license. |
9 | | (m) A non-resident dealer's license shall permit such |
10 | | licensee to ship
into and warehouse alcoholic liquor into this |
11 | | State from any point
outside of this State, and to sell such |
12 | | alcoholic liquor to Illinois licensed
foreign importers and |
13 | | importing distributors and to no one else in this State;
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14 | | provided that (i) said non-resident dealer shall register with |
15 | | the Illinois Liquor
Control Commission each and every brand of |
16 | | alcoholic liquor which it proposes
to sell to Illinois |
17 | | licensees during the license period, (ii) it shall comply with |
18 | | all of the provisions of Section 6-9 hereof with
respect to |
19 | | registration of such Illinois licensees as may be granted the |
20 | | right
to sell such brands at wholesale, and (iii) the |
21 | | non-resident dealer shall comply with the provisions of |
22 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
23 | | provisions apply to manufacturers. |
24 | | (n) A brew pub license shall allow the licensee (i) to |
25 | | manufacture beer only
on the premises specified in the license, |
26 | | (ii) to make sales of the
beer manufactured on the premises or, |
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1 | | with the approval of the Commission, beer manufactured on |
2 | | another brew pub licensed premises that is substantially owned |
3 | | and operated by the same licensee to importing distributors, |
4 | | distributors,
and to non-licensees for use and consumption, |
5 | | (iii) to store the beer upon
the premises, and (iv) to sell and |
6 | | offer for sale at retail from the licensed
premises, provided |
7 | | that a brew pub licensee shall not sell for off-premises
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8 | | consumption more than 50,000 gallons per year. A person who |
9 | | holds a brew pub license may simultaneously hold a craft brewer |
10 | | license if he or she otherwise qualifies for the craft brewer |
11 | | license and the craft brewer license is for a location separate |
12 | | from the brew pub's licensed premises. A brew pub license shall |
13 | | permit a person who has received prior approval from the |
14 | | Commission to annually transfer no more than a total of 50,000 |
15 | | gallons of beer manufactured on premises to all other licensed |
16 | | brew pubs that are substantially owned and operated by the same |
17 | | person. |
18 | | (o) A caterer retailer license shall allow the holder
to |
19 | | serve alcoholic liquors as an incidental part of a food service |
20 | | that serves
prepared meals which excludes the serving of snacks |
21 | | as
the primary meal, either on or off-site whether licensed or |
22 | | unlicensed. |
23 | | (p) An auction liquor license shall allow the licensee to |
24 | | sell and offer
for sale at auction wine and spirits for use or |
25 | | consumption, or for resale by
an Illinois liquor licensee in |
26 | | accordance with provisions of this Act. An
auction liquor |
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1 | | license will be issued to a person and it will permit the
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2 | | auction liquor licensee to hold the auction anywhere in the |
3 | | State. An auction
liquor license must be obtained for each |
4 | | auction at least 14 days in advance of
the auction date. |
5 | | (q) A special use permit license shall allow an Illinois |
6 | | licensed
retailer to transfer a portion of its alcoholic liquor |
7 | | inventory from its
retail licensed premises to the premises |
8 | | specified in the license hereby
created, and to sell or offer |
9 | | for sale at retail, only in the premises
specified in the |
10 | | license hereby created, the transferred alcoholic liquor for
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11 | | use or consumption, but not for resale in any form. A special |
12 | | use permit
license may be granted for a period not to exceed 12 |
13 | | months for a maximum of either 15 consecutive days or 50 |
14 | | non-consecutive days at a single location the following time |
15 | | periods: one day or less; 2 or
more days to a maximum of 15 days |
16 | | per location in any 12 month period. An
applicant for the |
17 | | special use permit license must also submit with the
|
18 | | application proof satisfactory to the State Commission that the |
19 | | applicant will
provide dram shop liability insurance to the |
20 | | maximum limits and have local
authority approval . |
21 | | An applicant for a special use permit license must also |
22 | | submit with the application to the State Commission a list of |
23 | | dates and locations of all events to be scheduled during the |
24 | | 12-month license period and proof satisfactory to the State |
25 | | Commission that the applicant will provide dram shop liability |
26 | | insurance to the maximum limits. If the date and location of an |
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1 | | event is undetermined at the time of application, then the |
2 | | special use permit license holder shall submit to the State |
3 | | Commission the date and location of the additional event in a |
4 | | manner acceptable to the State Commission at least 7 days prior |
5 | | to the event, at which time the permit holder shall obtain an |
6 | | amended special use permit license. |
7 | | The special use permit license holder shall obtain local |
8 | | authority approval for each use of the license. The special use |
9 | | permit license shall state: "THIS SPECIAL USE PERMIT LICENSE |
10 | | SHALL BE VOID IF THE NAMED HOLDER IS UNABLE TO OBTAIN AND |
11 | | PRODUCE ADEQUATE WRITTEN PROOF THAT ALCOHOLIC BEVERAGE SALES BY |
12 | | THE PERMIT HOLDER HAVE BEEN AUTHORIZED BY THE LOCAL LIQUOR |
13 | | LICENSING AUTHORITY.". The State Commission may issue a special |
14 | | use permit license prior to local authority approval. State |
15 | | Commission approval of the special use permit license does not |
16 | | mandate local approval of alcoholic beverage sales at the |
17 | | event. A special use permit license shall allow the applicant |
18 | | to sell only its own alcoholic liquor. |
19 | | (r) A winery shipper's license shall allow a person
with a |
20 | | first-class or second-class wine manufacturer's
license, a |
21 | | first-class or second-class wine-maker's license,
or a limited |
22 | | wine manufacturer's license or who is licensed to
make wine |
23 | | under the laws of another state to ship wine
made by that |
24 | | licensee directly to a resident of this
State who is 21 years |
25 | | of age or older for that resident's
personal use and not for |
26 | | resale. Prior to receiving a
winery shipper's license, an |
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1 | | applicant for the license must
provide the Commission with a |
2 | | true copy of its current
license in any state in which it is |
3 | | licensed as a manufacturer
of wine. An applicant for a winery |
4 | | shipper's license must
also complete an application form that |
5 | | provides any other
information the Commission deems necessary. |
6 | | The
application form shall include an acknowledgement |
7 | | consenting
to the jurisdiction of the Commission, the Illinois
|
8 | | Department of Revenue, and the courts of this State concerning
|
9 | | the enforcement of this Act and any related laws, rules, and
|
10 | | regulations, including authorizing the Department of Revenue
|
11 | | and the Commission to conduct audits for the purpose of
|
12 | | ensuring compliance with this amendatory Act. |
13 | | A winery shipper licensee must pay to the Department
of |
14 | | Revenue the State liquor gallonage tax under Section 8-1 for
|
15 | | all wine that is sold by the licensee and shipped to a person
|
16 | | in this State. For the purposes of Section 8-1, a winery
|
17 | | shipper licensee shall be taxed in the same manner as a
|
18 | | manufacturer of wine. A licensee who is not otherwise required |
19 | | to register under the Retailers' Occupation Tax Act must
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20 | | register under the Use Tax Act to collect and remit use tax to
|
21 | | the Department of Revenue for all gallons of wine that are sold
|
22 | | by the licensee and shipped to persons in this State. If a
|
23 | | licensee fails to remit the tax imposed under this Act in
|
24 | | accordance with the provisions of Article VIII of this Act, the
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25 | | winery shipper's license shall be revoked in accordance
with |
26 | | the provisions of Article VII of this Act. If a licensee
fails |
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1 | | to properly register and remit tax under the Use Tax Act
or the |
2 | | Retailers' Occupation Tax Act for all wine that is sold
by the |
3 | | winery shipper and shipped to persons in this
State, the winery |
4 | | shipper's license shall be revoked in
accordance with the |
5 | | provisions of Article VII of this Act. |
6 | | A winery shipper licensee must collect, maintain, and
|
7 | | submit to the Commission on a semi-annual basis the
total |
8 | | number of cases per resident of wine shipped to residents
of |
9 | | this State.
A winery shipper licensed under this subsection (r)
|
10 | | must comply with the requirements of Section 6-29 of this |
11 | | amendatory Act.
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12 | | (Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11; 97-455, |
13 | | eff. 8-19-11; revised 9-16-11.)
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14 | | (235 ILCS 5/5-3) (from Ch. 43, par. 118) |
15 | | Sec. 5-3. License fees. Except as otherwise provided |
16 | | herein, at the time
application is made to the State Commission |
17 | | for a license of any class, the
applicant shall pay to the |
18 | | State Commission the fee hereinafter provided for
the kind of |
19 | | license applied for. |
20 | | The fee for licenses issued by the State Commission shall |
21 | | be as follows: |
22 | | For a manufacturer's license: |
|
23 | | Class 1. Distiller ............................. | $3,600 | |
24 | | Class 2. Rectifier ............................. | 3,600 | |
25 | | Class 3. Brewer ................................ | 900 | |
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1 | | For a wine-maker's premises license, | | |
2 | | third location ............................. | 350 | |
3 | | For a retailer's license ....................... | 500 | |
4 | | For a special event retailer's license, | | |
5 | | (not-for-profit) ........................... | 25 | |
6 | | For a special use permit license ............... | 100 , | |
7 | | one day only ............................... | 50 | |
8 | | 2 days or more ............................. | 100 | |
9 | | For a railroad license ......................... | 60 | |
10 | | For a boat license ............................. | 180 | |
11 | | For an airplane license, times the | | |
12 | | licensee's maximum number of aircraft | | |
13 | | in flight, serving liquor over the | | |
14 | | State at any given time, which either | | |
15 | | originate, terminate, or make | | |
16 | | an intermediate stop in the State .......... | 60 | |
17 | | For a non-beverage user's license: | | |
18 | | Class 1 .................................... | 24 | |
19 | | Class 2 .................................... | 60 | |
20 | | Class 3 .................................... | 120 | |
21 | | Class 4 .................................... | 240 | |
22 | | Class 5 .................................... | 600 | |
23 | | For a broker's license ......................... | 600 | |
24 | | For an auction liquor license .................. | 50 |
|
25 | | Fees collected under this Section shall be paid into the
|
26 | | Dram Shop Fund. On and after July 1, 2003, of the funds |
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1 | | received for a
retailer's license, in
addition to the
first |
2 | | $175, an additional $75 shall be paid into the Dram Shop Fund, |
3 | | and $250
shall be
paid into the General Revenue Fund. Beginning |
4 | | June 30, 1990 and on June 30
of each
subsequent year through |
5 | | June 29, 2003, any balance over $5,000,000
remaining in the |
6 | | Dram Shop Fund
shall be credited to State liquor licensees and |
7 | | applied against their fees for
State liquor licenses for the |
8 | | following year. The amount credited to each
licensee shall be a |
9 | | proportion of the balance in the Dram Fund that is the
same as |
10 | | the proportion of the license fee paid by the licensee under
|
11 | | this Section for the period in which the balance was |
12 | | accumulated to the
aggregate fees paid by all licensees during |
13 | | that period. |
14 | | No fee shall be paid for licenses issued by the State |
15 | | Commission to
the following non-beverage users: |
16 | | (a) Hospitals, sanitariums, or clinics when their use |
17 | | of alcoholic
liquor is exclusively medicinal, mechanical |
18 | | or scientific. |
19 | | (b) Universities, colleges of learning or schools when |
20 | | their use of
alcoholic liquor is exclusively medicinal, |
21 | | mechanical or scientific. |
22 | | (c) Laboratories when their use is exclusively for the |
23 | | purpose of
scientific research. |
24 | | (Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11.)
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