Bill Text: IL SB3733 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Liquor Control Act of 1934. Removes language authorizing a distributor to hold a beer showcase permit.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3733 Detail]
Download: Illinois-2023-SB3733-Introduced.html
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1 | AN ACT concerning liquor.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Liquor Control Act of 1934 is amended by | |||||||||||||||||||||
5 | changing Sections 1-3.43 and 5-1 as follows:
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6 | (235 ILCS 5/1-3.43) | |||||||||||||||||||||
7 | Sec. 1-3.43. Beer showcase permit. "Beer showcase permit" | |||||||||||||||||||||
8 | means a license for use by a class 3 brewer or distributor to | |||||||||||||||||||||
9 | allow for the transfer of beer only from an existing licensed | |||||||||||||||||||||
10 | premises of a class 3 brewer or distributor to a designated | |||||||||||||||||||||
11 | site for a specific event. | |||||||||||||||||||||
12 | (Source: P.A. 102-442, eff. 8-20-21; 103-154, eff. 6-30-23.)
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13 | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | |||||||||||||||||||||
14 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | |||||||||||||||||||||
15 | Commission shall be of the following classes: | |||||||||||||||||||||
16 | (a) Manufacturer's license - Class 1. Distiller, Class 2. | |||||||||||||||||||||
17 | Rectifier, Class 3. Brewer, Class 4. First Class Wine | |||||||||||||||||||||
18 | Manufacturer, Class 5. Second Class Wine Manufacturer, Class | |||||||||||||||||||||
19 | 6. First Class Winemaker, Class 7. Second Class Winemaker, | |||||||||||||||||||||
20 | Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller, | |||||||||||||||||||||
21 | Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft | |||||||||||||||||||||
22 | Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer, |
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1 | Class 14. Class 3 Brewer, | ||||||
2 | (b) Distributor's license, | ||||||
3 | (c) Importing Distributor's license, | ||||||
4 | (d) Retailer's license, | ||||||
5 | (e) Special Event Retailer's license (not-for-profit), | ||||||
6 | (f) Railroad license, | ||||||
7 | (g) Boat license, | ||||||
8 | (h) Non-Beverage User's license, | ||||||
9 | (i) Wine-maker's premises license, | ||||||
10 | (j) Airplane license, | ||||||
11 | (k) Foreign importer's license, | ||||||
12 | (l) Broker's license, | ||||||
13 | (m) Non-resident dealer's license, | ||||||
14 | (n) Brew Pub license, | ||||||
15 | (o) Auction liquor license, | ||||||
16 | (p) Caterer retailer license, | ||||||
17 | (q) Special use permit license, | ||||||
18 | (r) Winery shipper's license, | ||||||
19 | (s) Craft distiller tasting permit, | ||||||
20 | (t) Brewer warehouse permit, | ||||||
21 | (u) Distilling pub license, | ||||||
22 | (v) Craft distiller warehouse permit, | ||||||
23 | (w) Beer showcase permit. | ||||||
24 | No person, firm, partnership, corporation, or other legal | ||||||
25 | business entity that is engaged in the manufacturing of wine | ||||||
26 | may concurrently obtain and hold a wine-maker's license and a |
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1 | wine manufacturer's license. | ||||||
2 | (a) A manufacturer's license shall allow the manufacture, | ||||||
3 | importation in bulk, storage, distribution and sale of | ||||||
4 | alcoholic liquor to persons without the State, as may be | ||||||
5 | permitted by law and to licensees in this State as follows: | ||||||
6 | Class 1. A Distiller may make sales and deliveries of | ||||||
7 | alcoholic liquor to distillers, rectifiers, importing | ||||||
8 | distributors, distributors and non-beverage users and to no | ||||||
9 | other licensees. | ||||||
10 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
11 | herein, may make sales and deliveries of alcoholic liquor to | ||||||
12 | rectifiers, importing distributors, distributors, retailers | ||||||
13 | and non-beverage users and to no other licensees. | ||||||
14 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
15 | importing distributors and distributors and may make sales as | ||||||
16 | authorized under subsection (e) of Section 6-4 of this Act, | ||||||
17 | including any alcoholic liquor that subsection (e) of Section | ||||||
18 | 6-4 authorizes a brewer to sell in its original package only to | ||||||
19 | a non-licensee for pick-up by a non-licensee either within the | ||||||
20 | interior of the brewery premises or at outside of the brewery | ||||||
21 | premises at a curb-side or parking lot adjacent to the brewery | ||||||
22 | premises, subject to any local ordinance. | ||||||
23 | Class 4. A first class wine-manufacturer may make sales | ||||||
24 | and deliveries of up to 50,000 gallons of wine to | ||||||
25 | manufacturers, importing distributors and distributors, and to | ||||||
26 | no other licensees. If a first-class wine-manufacturer |
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1 | manufactures beer, it shall also obtain and shall only be | ||||||
2 | eligible for, in addition to any current license, a class 1 | ||||||
3 | brewer license, shall not manufacture more than 930,000 | ||||||
4 | gallons of beer per year, and shall not be a member of or | ||||||
5 | affiliated with, directly or indirectly, a manufacturer that | ||||||
6 | produces more than 930,000 gallons of beer per year. If the | ||||||
7 | first-class wine-manufacturer manufactures spirits, it shall | ||||||
8 | also obtain and shall only be eligible for, in addition to any | ||||||
9 | current license, a class 1 craft distiller license, shall not | ||||||
10 | manufacture more than 50,000 gallons of spirits per year, and | ||||||
11 | shall not be a member of or affiliated with, directly or | ||||||
12 | indirectly, a manufacturer that produces more than 50,000 | ||||||
13 | gallons of spirits per year. A first-class wine-manufacturer | ||||||
14 | shall be permitted to sell wine manufactured at the | ||||||
15 | first-class wine-manufacturer premises to non-licensees. | ||||||
16 | Class 5. A second class Wine manufacturer may make sales | ||||||
17 | and deliveries of more than 50,000 gallons of wine to | ||||||
18 | manufacturers, importing distributors and distributors and to | ||||||
19 | no other licensees. | ||||||
20 | Class 6. A first-class wine-maker's license shall allow | ||||||
21 | the manufacture of up to 50,000 gallons of wine per year, and | ||||||
22 | the storage and sale of such wine to distributors in the State | ||||||
23 | and to persons without the State, as may be permitted by law. A | ||||||
24 | person who, prior to June 1, 2008 (the effective date of Public | ||||||
25 | Act 95-634), is a holder of a first-class wine-maker's license | ||||||
26 | and annually produces more than 25,000 gallons of its own wine |
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1 | and who distributes its wine to licensed retailers shall cease | ||||||
2 | this practice on or before July 1, 2008 in compliance with | ||||||
3 | Public Act 95-634. If a first-class wine-maker manufactures | ||||||
4 | beer, it shall also obtain and shall only be eligible for, in | ||||||
5 | addition to any current license, a class 1 brewer license, | ||||||
6 | shall not manufacture more than 930,000 gallons of beer per | ||||||
7 | year, and shall not be a member of or affiliated with, directly | ||||||
8 | or indirectly, a manufacturer that produces more than 930,000 | ||||||
9 | gallons of beer per year. If the first-class wine-maker | ||||||
10 | manufactures spirits, it shall also obtain and shall only be | ||||||
11 | eligible for, in addition to any current license, a class 1 | ||||||
12 | craft distiller license, shall not manufacture more than | ||||||
13 | 50,000 gallons of spirits per year, and shall not be a member | ||||||
14 | of or affiliated with, directly or indirectly, a manufacturer | ||||||
15 | that produces more than 50,000 gallons of spirits per year. A | ||||||
16 | first-class wine-maker holding a class 1 brewer license or a | ||||||
17 | class 1 craft distiller license shall not be eligible for a | ||||||
18 | wine-maker's premises license but shall be permitted to sell | ||||||
19 | wine manufactured at the first-class wine-maker premises to | ||||||
20 | non-licensees. | ||||||
21 | Class 7. A second-class wine-maker's license shall allow | ||||||
22 | the manufacture of up to 150,000 gallons of wine per year, and | ||||||
23 | the storage and sale of such wine to distributors in this State | ||||||
24 | and to persons without the State, as may be permitted by law. A | ||||||
25 | person who, prior to June 1, 2008 (the effective date of Public | ||||||
26 | Act 95-634), is a holder of a second-class wine-maker's |
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1 | license and annually produces more than 25,000 gallons of its | ||||||
2 | own wine and who distributes its wine to licensed retailers | ||||||
3 | shall cease this practice on or before July 1, 2008 in | ||||||
4 | compliance with Public Act 95-634. If a second-class | ||||||
5 | wine-maker manufactures beer, it shall also obtain and shall | ||||||
6 | only be eligible for, in addition to any current license, a | ||||||
7 | class 2 brewer license, shall not manufacture more than | ||||||
8 | 3,720,000 gallons of beer per year, and shall not be a member | ||||||
9 | of or affiliated with, directly or indirectly, a manufacturer | ||||||
10 | that produces more than 3,720,000 gallons of beer per year. If | ||||||
11 | a second-class wine-maker manufactures spirits, it shall also | ||||||
12 | obtain and shall only be eligible for, in addition to any | ||||||
13 | current license, a class 2 craft distiller license, shall not | ||||||
14 | manufacture more than 100,000 gallons of spirits per year, and | ||||||
15 | shall not be a member of or affiliated with, directly or | ||||||
16 | indirectly, a manufacturer that produces more than 100,000 | ||||||
17 | gallons of spirits per year. | ||||||
18 | Class 8. A limited wine-manufacturer may make sales and | ||||||
19 | deliveries not to exceed 40,000 gallons of wine per year to | ||||||
20 | distributors, and to non-licensees in accordance with the | ||||||
21 | provisions of this Act. | ||||||
22 | Class 9. A craft distiller license, which may only be held | ||||||
23 | by a class 1 craft distiller licensee or class 2 craft | ||||||
24 | distiller licensee but not held by both a class 1 craft | ||||||
25 | distiller licensee and a class 2 craft distiller licensee, | ||||||
26 | shall grant all rights conveyed by either: (i) a class 1 craft |
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1 | distiller license if the craft distiller holds a class 1 craft | ||||||
2 | distiller license; or (ii) a class 2 craft distiller licensee | ||||||
3 | if the craft distiller holds a class 2 craft distiller | ||||||
4 | license. | ||||||
5 | Class 10. A class 1 craft distiller license, which may | ||||||
6 | only be issued to a licensed craft distiller or licensed | ||||||
7 | non-resident dealer, shall allow the manufacture of up to | ||||||
8 | 50,000 gallons of spirits per year provided that the class 1 | ||||||
9 | craft distiller licensee does not manufacture more than a | ||||||
10 | combined 50,000 gallons of spirits per year and is not a member | ||||||
11 | of or affiliated with, directly or indirectly, a manufacturer | ||||||
12 | that produces more than 50,000 gallons of spirits per year. If | ||||||
13 | a class 1 craft distiller manufactures beer, it shall also | ||||||
14 | obtain and shall only be eligible for, in addition to any | ||||||
15 | current license, a class 1 brewer license, shall not | ||||||
16 | manufacture more than 930,000 gallons of beer per year, and | ||||||
17 | shall not be a member of or affiliated with, directly or | ||||||
18 | indirectly, a manufacturer that produces more than 930,000 | ||||||
19 | gallons of beer per year. If a class 1 craft distiller | ||||||
20 | manufactures wine, it shall also obtain and shall only be | ||||||
21 | eligible for, in addition to any current license, a | ||||||
22 | first-class wine-manufacturer license or a first-class | ||||||
23 | wine-maker's license, shall not manufacture more than 50,000 | ||||||
24 | gallons of wine per year, and shall not be a member of or | ||||||
25 | affiliated with, directly or indirectly, a manufacturer that | ||||||
26 | produces more than 50,000 gallons of wine per year. A class 1 |
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1 | craft distiller licensee may make sales and deliveries to | ||||||
2 | importing distributors and distributors and to retail | ||||||
3 | licensees in accordance with the conditions set forth in | ||||||
4 | paragraph (19) of subsection (a) of Section 3-12 of this Act. | ||||||
5 | However, the aggregate amount of spirits sold to non-licensees | ||||||
6 | and sold or delivered to retail licensees may not exceed 5,000 | ||||||
7 | gallons per year. | ||||||
8 | A class 1 craft distiller licensee may sell up to 5,000 | ||||||
9 | gallons of such spirits to non-licensees to the extent | ||||||
10 | permitted by any exemption approved by the State Commission | ||||||
11 | pursuant to Section 6-4 of this Act. A class 1 craft distiller | ||||||
12 | license holder may store such spirits at a non-contiguous | ||||||
13 | licensed location, but at no time shall a class 1 craft | ||||||
14 | distiller license holder directly or indirectly produce in the | ||||||
15 | aggregate more than 50,000 gallons of spirits per year. | ||||||
16 | A class 1 craft distiller licensee may hold more than one | ||||||
17 | class 1 craft distiller's license. However, a class 1 craft | ||||||
18 | distiller that holds more than one class 1 craft distiller | ||||||
19 | license shall not manufacture, in the aggregate, more than | ||||||
20 | 50,000 gallons of spirits by distillation per year and shall | ||||||
21 | not sell, in the aggregate, more than 5,000 gallons of such | ||||||
22 | spirits to non-licensees in accordance with an exemption | ||||||
23 | approved by the State Commission pursuant to Section 6-4 of | ||||||
24 | this Act. | ||||||
25 | Class 11. A class 2 craft distiller license, which may | ||||||
26 | only be issued to a licensed craft distiller or licensed |
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1 | non-resident dealer, shall allow the manufacture of up to | ||||||
2 | 100,000 gallons of spirits per year provided that the class 2 | ||||||
3 | craft distiller licensee does not manufacture more than a | ||||||
4 | combined 100,000 gallons of spirits per year and is not a | ||||||
5 | member of or affiliated with, directly or indirectly, a | ||||||
6 | manufacturer that produces more than 100,000 gallons of | ||||||
7 | spirits per year. If a class 2 craft distiller manufactures | ||||||
8 | beer, it shall also obtain and shall only be eligible for, in | ||||||
9 | addition to any current license, a class 2 brewer license, | ||||||
10 | shall not manufacture more than 3,720,000 gallons of beer per | ||||||
11 | year, and shall not be a member of or affiliated with, directly | ||||||
12 | or indirectly, a manufacturer that produces more than | ||||||
13 | 3,720,000 gallons of beer per year. If a class 2 craft | ||||||
14 | distiller manufactures wine, it shall also obtain and shall | ||||||
15 | only be eligible for, in addition to any current license, a | ||||||
16 | second-class wine-maker's license, shall not manufacture more | ||||||
17 | than 150,000 gallons of wine per year, and shall not be a | ||||||
18 | member of or affiliated with, directly or indirectly, a | ||||||
19 | manufacturer that produces more than 150,000 gallons of wine | ||||||
20 | per year. A class 2 craft distiller licensee may make sales and | ||||||
21 | deliveries to importing distributors and distributors, but | ||||||
22 | shall not make sales or deliveries to any other licensee. If | ||||||
23 | the State Commission provides prior approval, a class 2 craft | ||||||
24 | distiller licensee may annually transfer up to 100,000 gallons | ||||||
25 | of spirits manufactured by that class 2 craft distiller | ||||||
26 | licensee to the premises of a licensed class 2 craft distiller |
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1 | wholly owned and operated by the same licensee. A class 2 craft | ||||||
2 | distiller may transfer spirits to a distilling pub wholly | ||||||
3 | owned and operated by the class 2 craft distiller subject to | ||||||
4 | the following limitations and restrictions: (i) the transfer | ||||||
5 | shall not annually exceed more than 5,000 gallons; (ii) the | ||||||
6 | annual amount transferred shall reduce the distilling pub's | ||||||
7 | annual permitted production limit; (iii) all spirits | ||||||
8 | transferred shall be subject to Article VIII of this Act; (iv) | ||||||
9 | a written record shall be maintained by the distiller and | ||||||
10 | distilling pub specifying the amount, date of delivery, and | ||||||
11 | receipt of the product by the distilling pub; and (v) the | ||||||
12 | distilling pub shall be located no farther than 80 miles from | ||||||
13 | the class 2 craft distiller's licensed location. | ||||||
14 | A class 2 craft distiller shall, prior to transferring | ||||||
15 | spirits to a distilling pub wholly owned by the class 2 craft | ||||||
16 | distiller, furnish a written notice to the State Commission of | ||||||
17 | intent to transfer spirits setting forth the name and address | ||||||
18 | of the distilling pub and shall annually submit to the State | ||||||
19 | Commission a verified report identifying the total gallons of | ||||||
20 | spirits transferred to the distilling pub wholly owned by the | ||||||
21 | class 2 craft distiller. | ||||||
22 | A class 2 craft distiller license holder may store such | ||||||
23 | spirits at a non-contiguous licensed location, but at no time | ||||||
24 | shall a class 2 craft distiller license holder directly or | ||||||
25 | indirectly produce in the aggregate more than 100,000 gallons | ||||||
26 | of spirits per year. |
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1 | Class 12. A class 1 brewer license, which may only be | ||||||
2 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
3 | shall allow the manufacture of up to 930,000 gallons of beer | ||||||
4 | per year provided that the class 1 brewer licensee does not | ||||||
5 | manufacture more than a combined 930,000 gallons of beer per | ||||||
6 | year and is not a member of or affiliated with, directly or | ||||||
7 | indirectly, a manufacturer that produces more than 930,000 | ||||||
8 | gallons of beer per year. If a class 1 brewer manufactures | ||||||
9 | spirits, it shall also obtain and shall only be eligible for, | ||||||
10 | in addition to any current license, a class 1 craft distiller | ||||||
11 | license, shall not manufacture more than 50,000 gallons of | ||||||
12 | spirits per year, and shall not be a member of or affiliated | ||||||
13 | with, directly or indirectly, a manufacturer that produces | ||||||
14 | more than 50,000 gallons of spirits per year. If a class 1 | ||||||
15 | craft brewer manufactures wine, it shall also obtain and shall | ||||||
16 | only be eligible for, in addition to any current license, a | ||||||
17 | first-class wine-manufacturer license or a first-class | ||||||
18 | wine-maker's license, shall not manufacture more than 50,000 | ||||||
19 | gallons of wine per year, and shall not be a member of or | ||||||
20 | affiliated with, directly or indirectly, a manufacturer that | ||||||
21 | produces more than 50,000 gallons of wine per year. A class 1 | ||||||
22 | brewer licensee may make sales and deliveries to importing | ||||||
23 | distributors and distributors and to retail licensees in | ||||||
24 | accordance with the conditions set forth in paragraph (18) of | ||||||
25 | subsection (a) of Section 3-12 of this Act. If the State | ||||||
26 | Commission provides prior approval, a class 1 brewer may |
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1 | annually transfer up to 930,000 gallons of beer manufactured | ||||||
2 | by that class 1 brewer to the premises of a licensed class 1 | ||||||
3 | brewer wholly owned and operated by the same licensee. | ||||||
4 | Class 13. A class 2 brewer license, which may only be | ||||||
5 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
6 | shall allow the manufacture of up to 3,720,000 gallons of beer | ||||||
7 | per year provided that the class 2 brewer licensee does not | ||||||
8 | manufacture more than a combined 3,720,000 gallons of beer per | ||||||
9 | year and is not a member of or affiliated with, directly or | ||||||
10 | indirectly, a manufacturer that produces more than 3,720,000 | ||||||
11 | gallons of beer per year. If a class 2 brewer manufactures | ||||||
12 | spirits, it shall also obtain and shall only be eligible for, | ||||||
13 | in addition to any current license, a class 2 craft distiller | ||||||
14 | license, shall not manufacture more than 100,000 gallons of | ||||||
15 | spirits per year, and shall not be a member of or affiliated | ||||||
16 | with, directly or indirectly, a manufacturer that produces | ||||||
17 | more than 100,000 gallons of spirits per year. If a class 2 | ||||||
18 | craft distiller manufactures wine, it shall also obtain and | ||||||
19 | shall only be eligible for, in addition to any current | ||||||
20 | license, a second-class wine-maker's license, shall not | ||||||
21 | manufacture more than 150,000 gallons of wine per year, and | ||||||
22 | shall not be a member of or affiliated with, directly or | ||||||
23 | indirectly, a manufacturer that produces more than 150,000 | ||||||
24 | gallons of wine a year. A class 2 brewer licensee may make | ||||||
25 | sales and deliveries to importing distributors and | ||||||
26 | distributors, but shall not make sales or deliveries to any |
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1 | other licensee. If the State Commission provides prior | ||||||
2 | approval, a class 2 brewer licensee may annually transfer up | ||||||
3 | to 3,720,000 gallons of beer manufactured by that class 2 | ||||||
4 | brewer licensee to the premises of a licensed class 2 brewer | ||||||
5 | wholly owned and operated by the same licensee. | ||||||
6 | A class 2 brewer may transfer beer to a brew pub wholly | ||||||
7 | owned and operated by the class 2 brewer subject to the | ||||||
8 | following limitations and restrictions: (i) the transfer shall | ||||||
9 | not annually exceed more than 31,000 gallons; (ii) the annual | ||||||
10 | amount transferred shall reduce the brew pub's annual | ||||||
11 | permitted production limit; (iii) all beer transferred shall | ||||||
12 | be subject to Article VIII of this Act; (iv) a written record | ||||||
13 | shall be maintained by the brewer and brew pub specifying the | ||||||
14 | amount, date of delivery, and receipt of the product by the | ||||||
15 | brew pub; and (v) the brew pub shall be located no farther than | ||||||
16 | 80 miles from the class 2 brewer's licensed location. | ||||||
17 | A class 2 brewer shall, prior to transferring beer to a | ||||||
18 | brew pub wholly owned by the class 2 brewer, furnish a written | ||||||
19 | notice to the State Commission of intent to transfer beer | ||||||
20 | setting forth the name and address of the brew pub and shall | ||||||
21 | annually submit to the State Commission a verified report | ||||||
22 | identifying the total gallons of beer transferred to the brew | ||||||
23 | pub wholly owned by the class 2 brewer. | ||||||
24 | Class 14. A class 3 brewer license, which may be issued to | ||||||
25 | a brewer or a non-resident dealer, shall allow the manufacture | ||||||
26 | of no more than 465,000 gallons of beer per year and no more |
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1 | than 155,000 gallons at a single brewery premises, and shall | ||||||
2 | allow the sale of no more than 6,200 gallons of beer from each | ||||||
3 | in-state or out-of-state class 3 brewery premises, or 18,600 | ||||||
4 | gallons in the aggregate, to retail licensees, class 1 | ||||||
5 | brewers, class 2 brewers, and class 3 brewers as long as the | ||||||
6 | class 3 brewer licensee does not manufacture more than a | ||||||
7 | combined 465,000 gallons of beer per year and is not a member | ||||||
8 | of or affiliated with, directly or indirectly, a manufacturer | ||||||
9 | that produces more than 465,000 gallons of beer per year to | ||||||
10 | make sales to importing distributors, distributors, retail | ||||||
11 | licensees, brewers, class 1 brewers, class 2 brewers, and | ||||||
12 | class 3 brewers in accordance with the conditions set forth in | ||||||
13 | paragraph (20) of subsection (a) of Section 3-12. If the State | ||||||
14 | Commission provides prior approval, a class 3 brewer may | ||||||
15 | annually transfer up to 155,000 gallons of beer manufactured | ||||||
16 | by that class 3 brewer to the premises of a licensed class 3 | ||||||
17 | brewer wholly owned and operated by the same licensee. A class | ||||||
18 | 3 brewer shall manufacture beer at the brewer's class 3 | ||||||
19 | designated licensed premises, and may sell beer as otherwise | ||||||
20 | provided in this Act. | ||||||
21 | (a-1) A manufacturer which is licensed in this State to | ||||||
22 | make sales or deliveries of alcoholic liquor to licensed | ||||||
23 | distributors or importing distributors and which enlists | ||||||
24 | agents, representatives, or individuals acting on its behalf | ||||||
25 | who contact licensed retailers on a regular and continual | ||||||
26 | basis in this State must register those agents, |
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1 | representatives, or persons acting on its behalf with the | ||||||
2 | State Commission. | ||||||
3 | Registration of agents, representatives, or persons acting | ||||||
4 | on behalf of a manufacturer is fulfilled by submitting a form | ||||||
5 | to the Commission. The form shall be developed by the | ||||||
6 | Commission and shall include the name and address of the | ||||||
7 | applicant, the name and address of the manufacturer he or she | ||||||
8 | represents, the territory or areas assigned to sell to or | ||||||
9 | discuss pricing terms of alcoholic liquor, and any other | ||||||
10 | questions deemed appropriate and necessary. All statements in | ||||||
11 | the forms required to be made by law or by rule shall be deemed | ||||||
12 | material, and any person who knowingly misstates any material | ||||||
13 | fact under oath in an application is guilty of a Class B | ||||||
14 | misdemeanor. Fraud, misrepresentation, false statements, | ||||||
15 | misleading statements, evasions, or suppression of material | ||||||
16 | facts in the securing of a registration are grounds for | ||||||
17 | suspension or revocation of the registration. The State | ||||||
18 | Commission shall post a list of registered agents on the | ||||||
19 | Commission's website. | ||||||
20 | (b) A distributor's license shall allow (i) the wholesale | ||||||
21 | purchase and storage of alcoholic liquors and sale of | ||||||
22 | alcoholic liquors to licensees in this State and to persons | ||||||
23 | without the State, as may be permitted by law; (ii) the sale of | ||||||
24 | beer, cider, mead, or any combination thereof to brewers, | ||||||
25 | class 1 brewers, and class 2 brewers that, pursuant to | ||||||
26 | subsection (e) of Section 6-4 of this Act, sell beer, cider, |
| |||||||
| |||||||
1 | mead, or any combination thereof to non-licensees at their | ||||||
2 | breweries; (iii) the sale of vermouth to class 1 craft | ||||||
3 | distillers and class 2 craft distillers that, pursuant to | ||||||
4 | subsection (e) of Section 6-4 of this Act, sell spirits, | ||||||
5 | vermouth, or both spirits and vermouth to non-licensees at | ||||||
6 | their distilleries; or (iv) as otherwise provided in this Act. | ||||||
7 | No person licensed as a distributor shall be granted a | ||||||
8 | non-resident dealer's license. | ||||||
9 | (c) An importing distributor's license may be issued to | ||||||
10 | and held by those only who are duly licensed distributors, | ||||||
11 | upon the filing of an application by a duly licensed | ||||||
12 | distributor, with the Commission and the Commission shall, | ||||||
13 | without the payment of any fee, immediately issue such | ||||||
14 | importing distributor's license to the applicant, which shall | ||||||
15 | allow the importation of alcoholic liquor by the licensee into | ||||||
16 | this State from any point in the United States outside this | ||||||
17 | State, and the purchase of alcoholic liquor in barrels, casks | ||||||
18 | or other bulk containers and the bottling of such alcoholic | ||||||
19 | liquors before resale thereof, but all bottles or containers | ||||||
20 | so filled shall be sealed, labeled, stamped and otherwise made | ||||||
21 | to comply with all provisions, rules and regulations governing | ||||||
22 | manufacturers in the preparation and bottling of alcoholic | ||||||
23 | liquors. The importing distributor's license shall permit such | ||||||
24 | licensee to purchase alcoholic liquor from Illinois licensed | ||||||
25 | non-resident dealers and foreign importers only. No person | ||||||
26 | licensed as an importing distributor shall be granted a |
| |||||||
| |||||||
1 | non-resident dealer's license. | ||||||
2 | (d) A retailer's license shall allow the licensee to sell | ||||||
3 | and offer for sale at retail, only in the premises specified in | ||||||
4 | the license, alcoholic liquor for use or consumption, but not | ||||||
5 | for resale in any form. Except as provided in Section 6-16, | ||||||
6 | 6-29, or 6-29.1, nothing in this Act shall deny, limit, | ||||||
7 | remove, or restrict the ability of a holder of a retailer's | ||||||
8 | license to transfer or ship alcoholic liquor to the purchaser | ||||||
9 | for use or consumption subject to any applicable local law or | ||||||
10 | ordinance. For the purposes of this Section, "shipping" means | ||||||
11 | the movement of alcoholic liquor from a licensed retailer to a | ||||||
12 | consumer via a common carrier. Except as provided in Section | ||||||
13 | 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, | ||||||
14 | remove, or restrict the ability of a holder of a retailer's | ||||||
15 | license to deliver alcoholic liquor to the purchaser for use | ||||||
16 | or consumption. The delivery shall be made only within 12 | ||||||
17 | hours from the time the alcoholic liquor leaves the licensed | ||||||
18 | premises of the retailer for delivery. For the purposes of | ||||||
19 | this Section, "delivery" means the movement of alcoholic | ||||||
20 | liquor purchased from a licensed retailer to a consumer | ||||||
21 | through the following methods: | ||||||
22 | (1) delivery within licensed retailer's parking lot, | ||||||
23 | including curbside, for pickup by the consumer; | ||||||
24 | (2) delivery by an owner, officer, director, | ||||||
25 | shareholder, or employee of the licensed retailer; or | ||||||
26 | (3) delivery by a third-party contractor, independent |
| |||||||
| |||||||
1 | contractor, or agent with whom the licensed retailer has | ||||||
2 | contracted to make deliveries of alcoholic liquors. | ||||||
3 | Under subsection (1), (2), or (3), delivery shall not | ||||||
4 | include the use of common carriers. | ||||||
5 | Any retail license issued to a manufacturer shall only | ||||||
6 | permit the manufacturer to sell beer at retail on the premises | ||||||
7 | actually occupied by the manufacturer. For the purpose of | ||||||
8 | further describing the type of business conducted at a retail | ||||||
9 | licensed premises, a retailer's licensee may be designated by | ||||||
10 | the State Commission as (i) an on premise consumption | ||||||
11 | retailer, (ii) an off premise sale retailer, or (iii) a | ||||||
12 | combined on premise consumption and off premise sale retailer. | ||||||
13 | Except for a municipality with a population of more than | ||||||
14 | 1,000,000 inhabitants, a home rule unit may not regulate the | ||||||
15 | delivery of alcoholic liquor inconsistent with this | ||||||
16 | subsection. This paragraph is a limitation under subsection | ||||||
17 | (i) of Section 6 of Article VII of the Illinois Constitution on | ||||||
18 | the concurrent exercise by home rule units of powers and | ||||||
19 | functions exercised by the State. A non-home rule municipality | ||||||
20 | may not regulate the delivery of alcoholic liquor inconsistent | ||||||
21 | with this subsection. | ||||||
22 | Notwithstanding any other provision of this subsection | ||||||
23 | (d), a retail licensee may sell alcoholic liquors to a special | ||||||
24 | event retailer licensee for resale to the extent permitted | ||||||
25 | under subsection (e). | ||||||
26 | (e) A special event retailer's license (not-for-profit) |
| |||||||
| |||||||
1 | shall permit the licensee to purchase alcoholic liquors from | ||||||
2 | an Illinois licensed distributor (unless the licensee | ||||||
3 | purchases less than $500 of alcoholic liquors for the special | ||||||
4 | event, in which case the licensee may purchase the alcoholic | ||||||
5 | liquors from a licensed retailer) and shall allow the licensee | ||||||
6 | to sell and offer for sale, at retail, alcoholic liquors for | ||||||
7 | use or consumption, but not for resale in any form and only at | ||||||
8 | the location and on the specific dates designated for the | ||||||
9 | special event in the license. An applicant for a special event | ||||||
10 | retailer license must (i) furnish with the application: (A) a | ||||||
11 | resale number issued under Section 2c of the Retailers' | ||||||
12 | Occupation Tax Act or evidence that the applicant is | ||||||
13 | registered under Section 2a of the Retailers' Occupation Tax | ||||||
14 | Act, (B) a current, valid exemption identification number | ||||||
15 | issued under Section 1g of the Retailers' Occupation Tax Act, | ||||||
16 | and a certification to the Commission that the purchase of | ||||||
17 | alcoholic liquors will be a tax-exempt purchase, or (C) a | ||||||
18 | statement that the applicant is not registered under Section | ||||||
19 | 2a of the Retailers' Occupation Tax Act, does not hold a resale | ||||||
20 | number under Section 2c of the Retailers' Occupation Tax Act, | ||||||
21 | and does not hold an exemption number under Section 1g of the | ||||||
22 | Retailers' Occupation Tax Act, in which event the Commission | ||||||
23 | shall set forth on the special event retailer's license a | ||||||
24 | statement to that effect; (ii) submit with the application | ||||||
25 | proof satisfactory to the State Commission that the applicant | ||||||
26 | will provide dram shop liability insurance in the maximum |
| |||||||
| |||||||
1 | limits; and (iii) show proof satisfactory to the State | ||||||
2 | Commission that the applicant has obtained local authority | ||||||
3 | approval. | ||||||
4 | Nothing in this Act prohibits an Illinois licensed | ||||||
5 | distributor from offering credit or a refund for unused, | ||||||
6 | salable alcoholic liquors to a holder of a special event | ||||||
7 | retailer's license or the special event retailer's licensee | ||||||
8 | from accepting the credit or refund of alcoholic liquors at | ||||||
9 | the conclusion of the event specified in the license. | ||||||
10 | (f) A railroad license shall permit the licensee to import | ||||||
11 | alcoholic liquors into this State from any point in the United | ||||||
12 | States outside this State and to store such alcoholic liquors | ||||||
13 | in this State; to make wholesale purchases of alcoholic | ||||||
14 | liquors directly from manufacturers, foreign importers, | ||||||
15 | distributors and importing distributors from within or outside | ||||||
16 | this State; and to store such alcoholic liquors in this State; | ||||||
17 | provided that the above powers may be exercised only in | ||||||
18 | connection with the importation, purchase or storage of | ||||||
19 | alcoholic liquors to be sold or dispensed on a club, buffet, | ||||||
20 | lounge or dining car operated on an electric, gas or steam | ||||||
21 | railway in this State; and provided further, that railroad | ||||||
22 | licensees exercising the above powers shall be subject to all | ||||||
23 | provisions of Article VIII of this Act as applied to importing | ||||||
24 | distributors. A railroad license shall also permit the | ||||||
25 | licensee to sell or dispense alcoholic liquors on any club, | ||||||
26 | buffet, lounge or dining car operated on an electric, gas or |
| |||||||
| |||||||
1 | steam railway regularly operated by a common carrier in this | ||||||
2 | State, but shall not permit the sale for resale of any | ||||||
3 | alcoholic liquors to any licensee within this State. A license | ||||||
4 | shall be obtained for each car in which such sales are made. | ||||||
5 | (g) A boat license shall allow the sale of alcoholic | ||||||
6 | liquor in individual drinks, on any passenger boat regularly | ||||||
7 | operated as a common carrier on navigable waters in this State | ||||||
8 | or on any riverboat operated under the Illinois Gambling Act, | ||||||
9 | which boat or riverboat maintains a public dining room or | ||||||
10 | restaurant thereon. | ||||||
11 | (h) A non-beverage user's license shall allow the licensee | ||||||
12 | to purchase alcoholic liquor from a licensed manufacturer or | ||||||
13 | importing distributor, without the imposition of any tax upon | ||||||
14 | the business of such licensed manufacturer or importing | ||||||
15 | distributor as to such alcoholic liquor to be used by such | ||||||
16 | licensee solely for the non-beverage purposes set forth in | ||||||
17 | subsection (a) of Section 8-1 of this Act, and such licenses | ||||||
18 | shall be divided and classified and shall permit the purchase, | ||||||
19 | possession and use of limited and stated quantities of | ||||||
20 | alcoholic liquor as follows: | ||||||
21 | Class 1, not to exceed ......................... 500 gallons
| ||||||
22 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
23 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
24 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
25 | Class 5, not to exceed ....................... 50,000 gallons | ||||||
26 | (i) A wine-maker's premises license shall allow a licensee |
| |||||||
| |||||||
1 | that concurrently holds a first-class wine-maker's license to | ||||||
2 | sell and offer for sale at retail in the premises specified in | ||||||
3 | such license not more than 50,000 gallons of the first-class | ||||||
4 | wine-maker's wine that is made at the first-class wine-maker's | ||||||
5 | licensed premises per year for use or consumption, but not for | ||||||
6 | resale in any form. A wine-maker's premises license shall | ||||||
7 | allow a licensee who concurrently holds a second-class | ||||||
8 | wine-maker's license to sell and offer for sale at retail in | ||||||
9 | the premises specified in such license up to 100,000 gallons | ||||||
10 | of the second-class wine-maker's wine that is made at the | ||||||
11 | second-class wine-maker's licensed premises per year for use | ||||||
12 | or consumption but not for resale in any form. A first-class | ||||||
13 | wine-maker that concurrently holds a class 1 brewer license or | ||||||
14 | a class 1 craft distiller license shall not be eligible to hold | ||||||
15 | a wine-maker's premises license. A wine-maker's premises | ||||||
16 | license shall allow a licensee that concurrently holds a | ||||||
17 | first-class wine-maker's license or a second-class | ||||||
18 | wine-maker's license to sell and offer for sale at retail at | ||||||
19 | the premises specified in the wine-maker's premises license, | ||||||
20 | for use or consumption but not for resale in any form, any | ||||||
21 | beer, wine, and spirits purchased from a licensed distributor. | ||||||
22 | Upon approval from the State Commission, a wine-maker's | ||||||
23 | premises license shall allow the licensee to sell and offer | ||||||
24 | for sale at (i) the wine-maker's licensed premises and (ii) at | ||||||
25 | up to 2 additional locations for use and consumption and not | ||||||
26 | for resale. Each location shall require additional licensing |
| |||||||
| |||||||
1 | per location as specified in Section 5-3 of this Act. A | ||||||
2 | wine-maker's premises licensee shall secure liquor liability | ||||||
3 | insurance coverage in an amount at least equal to the maximum | ||||||
4 | liability amounts set forth in subsection (a) of Section 6-21 | ||||||
5 | of this Act. | ||||||
6 | (j) An airplane license shall permit the licensee to | ||||||
7 | import alcoholic liquors into this State from any point in the | ||||||
8 | United States outside this State and to store such alcoholic | ||||||
9 | liquors in this State; to make wholesale purchases of | ||||||
10 | alcoholic liquors directly from manufacturers, foreign | ||||||
11 | importers, distributors and importing distributors from within | ||||||
12 | or outside this State; and to store such alcoholic liquors in | ||||||
13 | this State; provided that the above powers may be exercised | ||||||
14 | only in connection with the importation, purchase or storage | ||||||
15 | of alcoholic liquors to be sold or dispensed on an airplane; | ||||||
16 | and provided further, that airplane licensees exercising the | ||||||
17 | above powers shall be subject to all provisions of Article | ||||||
18 | VIII of this Act as applied to importing distributors. An | ||||||
19 | airplane licensee shall also permit the sale or dispensing of | ||||||
20 | alcoholic liquors on any passenger airplane regularly operated | ||||||
21 | by a common carrier in this State, but shall not permit the | ||||||
22 | sale for resale of any alcoholic liquors to any licensee | ||||||
23 | within this State. A single airplane license shall be required | ||||||
24 | of an airline company if liquor service is provided on board | ||||||
25 | aircraft in this State. The annual fee for such license shall | ||||||
26 | be as determined in Section 5-3. |
| |||||||
| |||||||
1 | (k) A foreign importer's license shall permit such | ||||||
2 | licensee to purchase alcoholic liquor from Illinois licensed | ||||||
3 | non-resident dealers only, and to import alcoholic liquor | ||||||
4 | other than in bulk from any point outside the United States and | ||||||
5 | to sell such alcoholic liquor to Illinois licensed importing | ||||||
6 | distributors and to no one else in Illinois; provided that (i) | ||||||
7 | the foreign importer registers with the State Commission every | ||||||
8 | brand of alcoholic liquor that it proposes to sell to Illinois | ||||||
9 | licensees during the license period, (ii) the foreign importer | ||||||
10 | complies with all of the provisions of Section 6-9 of this Act | ||||||
11 | with respect to registration of such Illinois licensees as may | ||||||
12 | be granted the right to sell such brands at wholesale, and | ||||||
13 | (iii) the foreign importer complies with the provisions of | ||||||
14 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
15 | provisions apply to manufacturers. | ||||||
16 | (l) (i) A broker's license shall be required of all | ||||||
17 | persons who solicit orders for, offer to sell or offer to | ||||||
18 | supply alcoholic liquor to retailers in the State of Illinois, | ||||||
19 | or who offer to retailers to ship or cause to be shipped or to | ||||||
20 | make contact with distillers, craft distillers, rectifiers, | ||||||
21 | brewers or manufacturers or any other party within or without | ||||||
22 | the State of Illinois in order that alcoholic liquors be | ||||||
23 | shipped to a distributor, importing distributor or foreign | ||||||
24 | importer, whether such solicitation or offer is consummated | ||||||
25 | within or without the State of Illinois. | ||||||
26 | No holder of a retailer's license issued by the Illinois |
| |||||||
| |||||||
1 | Liquor Control Commission shall purchase or receive any | ||||||
2 | alcoholic liquor, the order for which was solicited or offered | ||||||
3 | for sale to such retailer by a broker unless the broker is the | ||||||
4 | holder of a valid broker's license. | ||||||
5 | The broker shall, upon the acceptance by a retailer of the | ||||||
6 | broker's solicitation of an order or offer to sell or supply or | ||||||
7 | deliver or have delivered alcoholic liquors, promptly forward | ||||||
8 | to the Illinois Liquor Control Commission a notification of | ||||||
9 | said transaction in such form as the Commission may by | ||||||
10 | regulations prescribe. | ||||||
11 | (ii) A broker's license shall be required of a person | ||||||
12 | within this State, other than a retail licensee, who, for a fee | ||||||
13 | or commission, promotes, solicits, or accepts orders for | ||||||
14 | alcoholic liquor, for use or consumption and not for resale, | ||||||
15 | to be shipped from this State and delivered to residents | ||||||
16 | outside of this State by an express company, common carrier, | ||||||
17 | or contract carrier. This Section does not apply to any person | ||||||
18 | who promotes, solicits, or accepts orders for wine as | ||||||
19 | specifically authorized in Section 6-29 of this Act. | ||||||
20 | A broker's license under this subsection (l) shall not | ||||||
21 | entitle the holder to buy or sell any alcoholic liquors for his | ||||||
22 | own account or to take or deliver title to such alcoholic | ||||||
23 | liquors. | ||||||
24 | This subsection (l) shall not apply to distributors, | ||||||
25 | employees of distributors, or employees of a manufacturer who | ||||||
26 | has registered the trademark, brand or name of the alcoholic |
| |||||||
| |||||||
1 | liquor pursuant to Section 6-9 of this Act, and who regularly | ||||||
2 | sells such alcoholic liquor in the State of Illinois only to | ||||||
3 | its registrants thereunder. | ||||||
4 | Any agent, representative, or person subject to | ||||||
5 | registration pursuant to subsection (a-1) of this Section | ||||||
6 | shall not be eligible to receive a broker's license. | ||||||
7 | (m) A non-resident dealer's license shall permit such | ||||||
8 | licensee to ship into and warehouse alcoholic liquor into this | ||||||
9 | State from any point outside of this State, and to sell such | ||||||
10 | alcoholic liquor to Illinois licensed foreign importers and | ||||||
11 | importing distributors and to no one else in this State; | ||||||
12 | provided that (i) said non-resident dealer shall register with | ||||||
13 | the Illinois Liquor Control Commission each and every brand of | ||||||
14 | alcoholic liquor which it proposes to sell to Illinois | ||||||
15 | licensees during the license period, (ii) it shall comply with | ||||||
16 | all of the provisions of Section 6-9 hereof with respect to | ||||||
17 | registration of such Illinois licensees as may be granted the | ||||||
18 | right to sell such brands at wholesale by duly filing such | ||||||
19 | registration statement, thereby authorizing the non-resident | ||||||
20 | dealer to proceed to sell such brands at wholesale, and (iii) | ||||||
21 | the 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. No person licensed as a | ||||||
24 | non-resident dealer shall be granted a distributor's or | ||||||
25 | importing distributor's license. | ||||||
26 | (n) A brew pub license shall allow the licensee to only (i) |
| |||||||
| |||||||
1 | manufacture up to 155,000 gallons of beer per year only on the | ||||||
2 | premises specified in the license, (ii) make sales of the beer | ||||||
3 | manufactured on the premises or, with the approval of the | ||||||
4 | Commission, beer manufactured on another brew pub licensed | ||||||
5 | premises that is wholly owned and operated by the same | ||||||
6 | licensee to importing distributors, distributors, and to | ||||||
7 | non-licensees for use and consumption, (iii) store the beer | ||||||
8 | upon the premises, (iv) sell and offer for sale at retail from | ||||||
9 | the licensed premises for off-premises consumption no more | ||||||
10 | than 155,000 gallons per year so long as such sales are only | ||||||
11 | made in-person, (v) sell and offer for sale at retail for use | ||||||
12 | and consumption on the premises specified in the license any | ||||||
13 | form of alcoholic liquor purchased from a licensed distributor | ||||||
14 | or importing distributor, (vi) with the prior approval of the | ||||||
15 | Commission, annually transfer no more than 155,000 gallons of | ||||||
16 | beer manufactured on the premises to a licensed brew pub | ||||||
17 | wholly owned and operated by the same licensee, and (vii) | ||||||
18 | notwithstanding item (i) of this subsection, brew pubs wholly | ||||||
19 | owned and operated by the same licensee may combine each | ||||||
20 | location's production limit of 155,000 gallons of beer per | ||||||
21 | year and allocate the aggregate total between the wholly | ||||||
22 | owned, operated, and licensed locations. | ||||||
23 | A brew pub licensee shall not under any circumstance sell | ||||||
24 | or offer for sale beer manufactured by the brew pub licensee to | ||||||
25 | retail licensees. | ||||||
26 | A person who holds a class 2 brewer license may |
| |||||||
| |||||||
1 | simultaneously hold a brew pub license if the class 2 brewer | ||||||
2 | (i) does not, under any circumstance, sell or offer for sale | ||||||
3 | beer manufactured by the class 2 brewer to retail licensees; | ||||||
4 | (ii) does not hold more than 3 brew pub licenses in this State; | ||||||
5 | (iii) does not manufacture more than a combined 3,720,000 | ||||||
6 | gallons of beer per year, including the beer manufactured at | ||||||
7 | the brew pub; and (iv) is not a member of or affiliated with, | ||||||
8 | directly or indirectly, a manufacturer that produces more than | ||||||
9 | 3,720,000 gallons of beer per year or any other alcoholic | ||||||
10 | liquor. | ||||||
11 | Notwithstanding any other provision of this Act, a | ||||||
12 | licensed brewer, class 2 brewer, or non-resident dealer who | ||||||
13 | before July 1, 2015 manufactured less than 3,720,000 gallons | ||||||
14 | of beer per year and held a brew pub license on or before July | ||||||
15 | 1, 2015 may (i) continue to qualify for and hold that brew pub | ||||||
16 | license for the licensed premises and (ii) manufacture more | ||||||
17 | than 3,720,000 gallons of beer per year and continue to | ||||||
18 | qualify for and hold that brew pub license if that brewer, | ||||||
19 | class 2 brewer, or non-resident dealer does not simultaneously | ||||||
20 | hold a class 1 brewer license and is not a member of or | ||||||
21 | affiliated with, directly or indirectly, a manufacturer that | ||||||
22 | produces more than 3,720,000 gallons of beer per year or that | ||||||
23 | produces any other alcoholic liquor. | ||||||
24 | A brew pub licensee may apply for a class 3 brewer license | ||||||
25 | and, upon meeting all applicable qualifications of this Act | ||||||
26 | and relinquishing all commonly owned brew pub or retail |
| |||||||
| |||||||
1 | licenses, shall be issued a class 3 brewer license. Nothing in | ||||||
2 | this Act shall prohibit the issuance of a class 3 brewer | ||||||
3 | license if the applicant: | ||||||
4 | (1) has a valid retail license on or before May 1, | ||||||
5 | 2021; | ||||||
6 | (2) has an ownership interest in at least two brew | ||||||
7 | pubs licenses on or before May 1, 2021; | ||||||
8 | (3) the brew pub licensee applies for a class 3 brewer | ||||||
9 | license on or before October 1, 2022 and relinquishes all | ||||||
10 | commonly owned brew pub licenses; and | ||||||
11 | (4) relinquishes all commonly owned retail licenses on | ||||||
12 | or before December 31, 2022. | ||||||
13 | If a brew pub licensee is issued a class 3 brewer license, | ||||||
14 | the class 3 brewer license shall expire on the same date as the | ||||||
15 | existing brew pub license and the State Commission shall not | ||||||
16 | require a class 3 brewer licensee to obtain a brewer license, | ||||||
17 | or in the alternative to pay a fee for a brewer license, until | ||||||
18 | the date the brew pub license of the applicant would have | ||||||
19 | expired. | ||||||
20 | (o) A caterer retailer license shall allow the holder to | ||||||
21 | serve alcoholic liquors as an incidental part of a food | ||||||
22 | service that serves prepared meals which excludes the serving | ||||||
23 | of snacks as the primary meal, either on or off-site whether | ||||||
24 | licensed or unlicensed. A caterer retailer license shall allow | ||||||
25 | the holder, a distributor, or an importing distributor to | ||||||
26 | transfer any inventory to and from the holder's retail |
| |||||||
| |||||||
1 | premises and shall allow the holder to purchase alcoholic | ||||||
2 | liquor from a distributor or importing distributor to be | ||||||
3 | delivered directly to an off-site event. | ||||||
4 | Nothing in this Act prohibits a distributor or importing | ||||||
5 | distributor from offering credit or a refund for unused, | ||||||
6 | salable beer to a holder of a caterer retailer license or a | ||||||
7 | caterer retailer licensee from accepting a credit or refund | ||||||
8 | for unused, salable beer, in the event an act of God is the | ||||||
9 | sole reason an off-site event is cancelled and if: (i) the | ||||||
10 | holder of a caterer retailer license has not transferred | ||||||
11 | alcoholic liquor from its caterer retailer premises to an | ||||||
12 | off-site location; (ii) the distributor or importing | ||||||
13 | distributor offers the credit or refund for the unused, | ||||||
14 | salable beer that it delivered to the off-site premises and | ||||||
15 | not for any unused, salable beer that the distributor or | ||||||
16 | importing distributor delivered to the caterer retailer's | ||||||
17 | premises; and (iii) the unused, salable beer would likely | ||||||
18 | spoil if transferred to the caterer retailer's premises. A | ||||||
19 | caterer retailer license shall allow the holder to transfer | ||||||
20 | any inventory from any off-site location to its caterer | ||||||
21 | retailer premises at the conclusion of an off-site event or | ||||||
22 | engage a distributor or importing distributor to transfer any | ||||||
23 | inventory from any off-site location to its caterer retailer | ||||||
24 | premises at the conclusion of an off-site event, provided that | ||||||
25 | the distributor or importing distributor issues bona fide | ||||||
26 | charges to the caterer retailer licensee for fuel, labor, and |
| |||||||
| |||||||
1 | delivery and the distributor or importing distributor collects | ||||||
2 | payment from the caterer retailer licensee prior to the | ||||||
3 | distributor or importing distributor transferring inventory to | ||||||
4 | the caterer retailer premises. | ||||||
5 | For purposes of this subsection (o), an "act of God" means | ||||||
6 | an unforeseeable event, such as a rain or snow storm, hail, a | ||||||
7 | flood, or a similar event, that is the sole cause of the | ||||||
8 | cancellation of an off-site, outdoor event. | ||||||
9 | (p) An auction liquor license shall allow the licensee to | ||||||
10 | sell and offer for sale at auction wine and spirits for use or | ||||||
11 | consumption, or for resale by an Illinois liquor licensee in | ||||||
12 | accordance with provisions of this Act. An auction liquor | ||||||
13 | license will be issued to a person and it will permit the | ||||||
14 | auction liquor licensee to hold the auction anywhere in the | ||||||
15 | State. An auction liquor license must be obtained for each | ||||||
16 | auction at least 14 days in advance of the auction date. | ||||||
17 | (q) A special use permit license shall allow an Illinois | ||||||
18 | licensed retailer to transfer a portion of its alcoholic | ||||||
19 | liquor inventory from its retail licensed premises to the | ||||||
20 | premises specified in the license hereby created; to purchase | ||||||
21 | alcoholic liquor from a distributor or importing distributor | ||||||
22 | to be delivered directly to the location specified in the | ||||||
23 | license hereby created; and to sell or offer for sale at | ||||||
24 | retail, only in the premises specified in the license hereby | ||||||
25 | created, the transferred or delivered alcoholic liquor for use | ||||||
26 | or consumption, but not for resale in any form. A special use |
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1 | permit license may be granted for the following time periods: | ||||||
2 | one day or less; 2 or more days to a maximum of 15 days per | ||||||
3 | location in any 12-month period. An applicant for the special | ||||||
4 | use permit license must also submit with the application proof | ||||||
5 | satisfactory to the State Commission that the applicant will | ||||||
6 | provide dram shop liability insurance to the maximum limits | ||||||
7 | and have local authority approval. | ||||||
8 | A special use permit license shall allow the holder to | ||||||
9 | transfer any inventory from the holder's special use premises | ||||||
10 | to its retail premises at the conclusion of the special use | ||||||
11 | event or engage a distributor or importing distributor to | ||||||
12 | transfer any inventory from the holder's special use premises | ||||||
13 | to its retail premises at the conclusion of an off-site event, | ||||||
14 | provided that the distributor or importing distributor issues | ||||||
15 | bona fide charges to the special use permit licensee for fuel, | ||||||
16 | labor, and delivery and the distributor or importing | ||||||
17 | distributor collects payment from the retail licensee prior to | ||||||
18 | the distributor or importing distributor transferring | ||||||
19 | inventory to the retail premises. | ||||||
20 | Nothing in this Act prohibits a distributor or importing | ||||||
21 | distributor from offering credit or a refund for unused, | ||||||
22 | salable beer to a special use permit licensee or a special use | ||||||
23 | permit licensee from accepting a credit or refund for unused, | ||||||
24 | salable beer at the conclusion of the event specified in the | ||||||
25 | license if: (i) the holder of the special use permit license | ||||||
26 | has not transferred alcoholic liquor from its retail licensed |
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1 | premises to the premises specified in the special use permit | ||||||
2 | license; (ii) the distributor or importing distributor offers | ||||||
3 | the credit or refund for the unused, salable beer that it | ||||||
4 | delivered to the premises specified in the special use permit | ||||||
5 | license and not for any unused, salable beer that the | ||||||
6 | distributor or importing distributor delivered to the | ||||||
7 | retailer's premises; and (iii) the unused, salable beer would | ||||||
8 | likely spoil if transferred to the retailer premises. | ||||||
9 | (r) A winery shipper's license shall allow a person with a | ||||||
10 | first-class or second-class wine manufacturer's license, a | ||||||
11 | first-class or second-class wine-maker's license, or a limited | ||||||
12 | wine manufacturer's license or who is licensed to make wine | ||||||
13 | under the laws of another state to ship wine made by that | ||||||
14 | licensee directly to a resident of this State who is 21 years | ||||||
15 | of age or older for that resident's personal use and not for | ||||||
16 | resale. Prior to receiving a winery shipper's license, an | ||||||
17 | applicant for the license must provide the Commission with a | ||||||
18 | true copy of its current license in any state in which it is | ||||||
19 | licensed as a manufacturer of wine. An applicant for a winery | ||||||
20 | shipper's license must also complete an application form that | ||||||
21 | provides any other information the Commission deems necessary. | ||||||
22 | The application form shall include all addresses from which | ||||||
23 | the applicant for a winery shipper's license intends to ship | ||||||
24 | wine, including the name and address of any third party, | ||||||
25 | except for a common carrier, authorized to ship wine on behalf | ||||||
26 | of the manufacturer. The application form shall include an |
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1 | acknowledgement consenting to the jurisdiction of the | ||||||
2 | Commission, the Illinois Department of Revenue, and the courts | ||||||
3 | of this State concerning the enforcement of this Act and any | ||||||
4 | related laws, rules, and regulations, including authorizing | ||||||
5 | the Department of Revenue and the Commission to conduct audits | ||||||
6 | for the purpose of ensuring compliance with Public Act 95-634, | ||||||
7 | and an acknowledgement that the wine manufacturer is in | ||||||
8 | compliance with Section 6-2 of this Act. Any third party, | ||||||
9 | except for a common carrier, authorized to ship wine on behalf | ||||||
10 | of a first-class or second-class wine manufacturer's licensee, | ||||||
11 | a first-class or second-class wine-maker's licensee, a limited | ||||||
12 | wine manufacturer's licensee, or a person who is licensed to | ||||||
13 | make wine under the laws of another state shall also be | ||||||
14 | disclosed by the winery shipper's licensee, and a copy of the | ||||||
15 | written appointment of the third-party wine provider, except | ||||||
16 | for a common carrier, to the wine manufacturer shall be filed | ||||||
17 | with the State Commission as a supplement to the winery | ||||||
18 | shipper's license application or any renewal thereof. The | ||||||
19 | winery shipper's license holder shall affirm under penalty of | ||||||
20 | perjury, as part of the winery shipper's license application | ||||||
21 | or renewal, that he or she only ships wine, either directly or | ||||||
22 | indirectly through a third-party provider, from the licensee's | ||||||
23 | own production. | ||||||
24 | Except for a common carrier, a third-party provider | ||||||
25 | shipping wine on behalf of a winery shipper's license holder | ||||||
26 | is the agent of the winery shipper's license holder and, as |
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| |||||||
1 | such, a winery shipper's license holder is responsible for the | ||||||
2 | acts and omissions of the third-party provider acting on | ||||||
3 | behalf of the license holder. A third-party provider, except | ||||||
4 | for a common carrier, that engages in shipping wine into | ||||||
5 | Illinois on behalf of a winery shipper's license holder shall | ||||||
6 | consent to the jurisdiction of the State Commission and the | ||||||
7 | State. Any third-party, except for a common carrier, holding | ||||||
8 | such an appointment shall, by February 1 of each calendar year | ||||||
9 | and upon request by the State Commission or the Department of | ||||||
10 | Revenue, file with the State Commission a statement detailing | ||||||
11 | each shipment made to an Illinois resident. The statement | ||||||
12 | shall include the name and address of the third-party provider | ||||||
13 | filing the statement, the time period covered by the | ||||||
14 | statement, and the following information: | ||||||
15 | (1) the name, address, and license number of the | ||||||
16 | winery shipper on whose behalf the shipment was made; | ||||||
17 | (2) the quantity of the products delivered; and | ||||||
18 | (3) the date and address of the shipment. | ||||||
19 | If the Department of Revenue or the State Commission requests | ||||||
20 | a statement under this paragraph, the third-party provider | ||||||
21 | must provide that statement no later than 30 days after the | ||||||
22 | request is made. Any books, records, supporting papers, and | ||||||
23 | documents containing information and data relating to a | ||||||
24 | statement under this paragraph shall be kept and preserved for | ||||||
25 | a period of 3 years, unless their destruction sooner is | ||||||
26 | authorized, in writing, by the Director of Revenue, and shall |
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| |||||||
1 | be open and available to inspection by the Director of Revenue | ||||||
2 | or the State Commission or any duly authorized officer, agent, | ||||||
3 | or employee of the State Commission or the Department of | ||||||
4 | Revenue, at all times during business hours of the day. Any | ||||||
5 | person who violates any provision of this paragraph or any | ||||||
6 | rule of the State Commission for the administration and | ||||||
7 | enforcement of the provisions of this paragraph is guilty of a | ||||||
8 | Class C misdemeanor. In case of a continuing violation, each | ||||||
9 | day's continuance thereof shall be a separate and distinct | ||||||
10 | offense. | ||||||
11 | The State Commission shall adopt rules as soon as | ||||||
12 | practicable to implement the requirements of Public Act 99-904 | ||||||
13 | and shall adopt rules prohibiting any such third-party | ||||||
14 | appointment of a third-party provider, except for a common | ||||||
15 | carrier, that has been deemed by the State Commission to have | ||||||
16 | violated the provisions of this Act with regard to any winery | ||||||
17 | shipper licensee. | ||||||
18 | A winery shipper licensee must pay to the Department of | ||||||
19 | Revenue the State liquor gallonage tax under Section 8-1 for | ||||||
20 | all wine that is sold by the licensee and shipped to a person | ||||||
21 | in this State. For the purposes of Section 8-1, a winery | ||||||
22 | shipper licensee shall be taxed in the same manner as a | ||||||
23 | manufacturer of wine. A licensee who is not otherwise required | ||||||
24 | to register under the Retailers' Occupation Tax Act must | ||||||
25 | register under the Use Tax Act to collect and remit use tax to | ||||||
26 | the Department of Revenue for all gallons of wine that are sold |
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| |||||||
1 | by the licensee and shipped to persons in this State. If a | ||||||
2 | licensee fails to remit the tax imposed under this Act in | ||||||
3 | accordance with the provisions of Article VIII of this Act, | ||||||
4 | the winery shipper's license shall be revoked in accordance | ||||||
5 | with the provisions of Article VII of this Act. If a licensee | ||||||
6 | fails to properly register and remit tax under the Use Tax Act | ||||||
7 | or the Retailers' Occupation Tax Act for all wine that is sold | ||||||
8 | by the winery shipper and shipped to persons in this State, the | ||||||
9 | winery shipper's license shall be revoked in accordance with | ||||||
10 | the provisions of Article VII of this Act. | ||||||
11 | A winery shipper licensee must collect, maintain, and | ||||||
12 | submit to the Commission on a semi-annual basis the total | ||||||
13 | number of cases per resident of wine shipped to residents of | ||||||
14 | this State. A winery shipper licensed under this subsection | ||||||
15 | (r) must comply with the requirements of Section 6-29 of this | ||||||
16 | Act. | ||||||
17 | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | ||||||
18 | Section 3-12, the State Commission may receive, respond to, | ||||||
19 | and investigate any complaint and impose any of the remedies | ||||||
20 | specified in paragraph (1) of subsection (a) of Section 3-12. | ||||||
21 | As used in this subsection, "third-party provider" means | ||||||
22 | any entity that provides fulfillment house services, including | ||||||
23 | warehousing, packaging, distribution, order processing, or | ||||||
24 | shipment of wine, but not the sale of wine, on behalf of a | ||||||
25 | licensed winery shipper. | ||||||
26 | (s) A craft distiller tasting permit license shall allow |
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| |||||||
1 | an Illinois licensed class 1 craft distiller or class 2 craft | ||||||
2 | distiller to transfer a portion of its alcoholic liquor | ||||||
3 | inventory from its class 1 craft distiller or class 2 craft | ||||||
4 | distiller licensed premises to the premises specified in the | ||||||
5 | license hereby created and to conduct a sampling, only in the | ||||||
6 | premises specified in the license hereby created, of the | ||||||
7 | transferred alcoholic liquor in accordance with subsection (c) | ||||||
8 | of Section 6-31 of this Act. The transferred alcoholic liquor | ||||||
9 | may not be sold or resold in any form. An applicant for the | ||||||
10 | craft distiller tasting permit license must also submit with | ||||||
11 | the application proof satisfactory to the State Commission | ||||||
12 | that the applicant will provide dram shop liability insurance | ||||||
13 | to the maximum limits and have local authority approval. | ||||||
14 | (t) A brewer warehouse permit may be issued to the holder | ||||||
15 | of a class 1 brewer license or a class 2 brewer license. If the | ||||||
16 | holder of the permit is a class 1 brewer licensee, the brewer | ||||||
17 | warehouse permit shall allow the holder to store or warehouse | ||||||
18 | up to 930,000 gallons of tax-determined beer manufactured by | ||||||
19 | the holder of the permit at the premises specified on the | ||||||
20 | permit. If the holder of the permit is a class 2 brewer | ||||||
21 | licensee, the brewer warehouse permit shall allow the holder | ||||||
22 | to store or warehouse up to 3,720,000 gallons of | ||||||
23 | tax-determined beer manufactured by the holder of the permit | ||||||
24 | at the premises specified on the permit. Sales to | ||||||
25 | non-licensees are prohibited at the premises specified in the | ||||||
26 | brewer warehouse permit. |
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| |||||||
1 | (u) A distilling pub license shall allow the licensee to | ||||||
2 | only (i) manufacture up to 5,000 gallons of spirits per year | ||||||
3 | only on the premises specified in the license, (ii) make sales | ||||||
4 | of the spirits manufactured on the premises or, with the | ||||||
5 | approval of the State Commission, spirits manufactured on | ||||||
6 | another distilling pub licensed premises that is wholly owned | ||||||
7 | and operated by the same licensee to importing distributors | ||||||
8 | and distributors and to non-licensees for use and consumption, | ||||||
9 | (iii) store the spirits upon the premises, (iv) sell and offer | ||||||
10 | for sale at retail from the licensed premises for off-premises | ||||||
11 | consumption no more than 5,000 gallons per year so long as such | ||||||
12 | sales are only made in-person, (v) sell and offer for sale at | ||||||
13 | retail for use and consumption on the premises specified in | ||||||
14 | the license any form of alcoholic liquor purchased from a | ||||||
15 | licensed distributor or importing distributor, and (vi) with | ||||||
16 | the prior approval of the State Commission, annually transfer | ||||||
17 | no more than 5,000 gallons of spirits manufactured on the | ||||||
18 | premises to a licensed distilling pub wholly owned and | ||||||
19 | operated by the same licensee. | ||||||
20 | A distilling pub licensee shall not under any circumstance | ||||||
21 | sell or offer for sale spirits manufactured by the distilling | ||||||
22 | pub licensee to retail licensees. | ||||||
23 | A person who holds a class 2 craft distiller license may | ||||||
24 | simultaneously hold a distilling pub license if the class 2 | ||||||
25 | craft distiller (i) does not, under any circumstance, sell or | ||||||
26 | offer for sale spirits manufactured by the class 2 craft |
| |||||||
| |||||||
1 | distiller to retail licensees; (ii) does not hold more than 3 | ||||||
2 | distilling pub licenses in this State; (iii) does not | ||||||
3 | manufacture more than a combined 100,000 gallons of spirits | ||||||
4 | per year, including the spirits manufactured at the distilling | ||||||
5 | pub; and (iv) is not a member of or affiliated with, directly | ||||||
6 | or indirectly, a manufacturer that produces more than 100,000 | ||||||
7 | gallons of spirits per year or any other alcoholic liquor. | ||||||
8 | (v) A craft distiller warehouse permit may be issued to | ||||||
9 | the holder of a class 1 craft distiller or class 2 craft | ||||||
10 | distiller license. The craft distiller warehouse permit shall | ||||||
11 | allow the holder to store or warehouse up to 500,000 gallons of | ||||||
12 | spirits manufactured by the holder of the permit at the | ||||||
13 | premises specified on the permit. Sales to non-licensees are | ||||||
14 | prohibited at the premises specified in the craft distiller | ||||||
15 | warehouse permit. | ||||||
16 | (w) A beer showcase permit license shall allow an | ||||||
17 | Illinois-licensed distributor to transfer a portion of its | ||||||
18 | beer inventory from its licensed premises to the premises | ||||||
19 | specified in the beer showcase permit license, and, in the | ||||||
20 | case of a class 3 brewer to , transfer only beer the class 3 | ||||||
21 | brewer manufactures from its licensed premises to the premises | ||||||
22 | specified in the beer showcase permit license; and to sell or | ||||||
23 | offer for sale at retail, only in the premises specified in the | ||||||
24 | beer showcase permit license, the transferred or delivered | ||||||
25 | beer for on or off premise consumption, but not for resale in | ||||||
26 | any form and to sell to non-licensees not more than 96 fluid |
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