Rep. Michael J. Zalewski

Filed: 5/15/2017

 

 


 

 


 
10000SB0941ham001LRB100 09622 RPS 26374 a

1
AMENDMENT TO SENATE BILL 941

2    AMENDMENT NO. ______. Amend Senate Bill 941 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 1-3.17.1 and 5-1 as follows:
 
6    (235 ILCS 5/1-3.17.1)  (from Ch. 43, par. 95.17.1)
7    Sec. 1-3.17.1. "Special event retailer" means an
8educational, fraternal, political, civic, religious, or
9non-profit organization which sells or offers for sale beer,
10spirits, or wine, or any combination thereof both, only for
11consumption at the location and on the dates designated by a
12special event retail license.
13(Source: P.A. 86-404.)
 
14    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
15    Sec. 5-1. Licenses issued by the Illinois Liquor Control

 

 

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1Commission shall be of the following classes:
2    (a) Manufacturer's license - Class 1. Distiller, Class 2.
3Rectifier, Class 3. Brewer, Class 4. First Class Wine
4Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
5First Class Winemaker, Class 7. Second Class Winemaker, Class
68. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
710. Class 1 Brewer, Class 11. Class 2 Brewer,
8    (b) Distributor's license,
9    (c) Importing Distributor's license,
10    (d) Retailer's license,
11    (e) Special Event Retailer's license (not-for-profit),
12    (f) Railroad license,
13    (g) Boat license,
14    (h) Non-Beverage User's license,
15    (i) Wine-maker's premises license,
16    (j) Airplane license,
17    (k) Foreign importer's license,
18    (l) Broker's license,
19    (m) Non-resident dealer's license,
20    (n) Brew Pub license,
21    (o) Auction liquor license,
22    (p) Caterer retailer license,
23    (q) Special use permit license,
24    (r) Winery shipper's license,
25    (s) Craft distiller tasting permit.
26    No person, firm, partnership, corporation, or other legal

 

 

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

 

 

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

 

 

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1gallons of spirits by distillation per year and the storage of
2such spirits. If a craft distiller licensee, including a craft
3distiller licensee who holds more than one craft distiller
4license, is not affiliated with any other manufacturer of
5spirits, then the craft distiller licensee may sell such
6spirits to distributors in this State and up to 2,500 gallons
7of such spirits to non-licensees to the extent permitted by any
8exemption approved by the Commission pursuant to Section 6-4 of
9this Act. A craft distiller license holder may store such
10spirits at a non-contiguous licensed location, but at no time
11shall a craft distiller license holder directly or indirectly
12produce in the aggregate more than 100,000 gallons of spirits
13per year.
14    A craft distiller licensee may hold more than one craft
15distiller's license. However, a craft distiller that holds more
16than one craft distiller license shall not manufacture, in the
17aggregate, more than 100,000 gallons of spirits by distillation
18per year and shall not sell, in the aggregate, more than 2,500
19gallons of such spirits to non-licensees in accordance with an
20exemption approved by the State Commission pursuant to Section
216-4 of this Act.
22    Any craft distiller licensed under this Act who on July 28,
232010 (the effective date of Public Act 96-1367) was licensed as
24a distiller and manufactured no more spirits than permitted by
25this Section shall not be required to pay the initial licensing
26fee.

 

 

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1    Class 10. A class 1 brewer license, which may only be
2issued to a licensed brewer or licensed non-resident dealer,
3shall allow the manufacture of up to 930,000 gallons of beer
4per year provided that the class 1 brewer licensee does not
5manufacture more than a combined 930,000 gallons of beer per
6year and is not a member of or affiliated with, directly or
7indirectly, a manufacturer that produces more than 930,000
8gallons of beer per year or any other alcoholic liquor. A class
91 brewer licensee may make sales and deliveries to importing
10distributors and distributors and to retail licensees in
11accordance with the conditions set forth in paragraph (18) of
12subsection (a) of Section 3-12 of this Act.
13    Class 11. A class 2 brewer license, which may only be
14issued to a licensed brewer or licensed non-resident dealer,
15shall allow the manufacture of up to 3,720,000 gallons of beer
16per year provided that the class 2 brewer licensee does not
17manufacture more than a combined 3,720,000 gallons of beer per
18year and is not a member of or affiliated with, directly or
19indirectly, a manufacturer that produces more than 3,720,000
20gallons of beer per year or any other alcoholic liquor. A class
212 brewer licensee may make sales and deliveries to importing
22distributors and distributors, but shall not make sales or
23deliveries to any other licensee. If the State Commission
24provides prior approval, a class 2 brewer licensee may annually
25transfer up to 3,720,000 gallons of beer manufactured by that
26class 2 brewer licensee to the premises of a licensed class 2

 

 

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1brewer wholly owned and operated by the same licensee.
2    (a-1) A manufacturer which is licensed in this State to
3make sales or deliveries of alcoholic liquor to licensed
4distributors or importing distributors and which enlists
5agents, representatives, or individuals acting on its behalf
6who contact licensed retailers on a regular and continual basis
7in this State must register those agents, representatives, or
8persons acting on its behalf with the State Commission.
9    Registration of agents, representatives, or persons acting
10on behalf of a manufacturer is fulfilled by submitting a form
11to the Commission. The form shall be developed by the
12Commission and shall include the name and address of the
13applicant, the name and address of the manufacturer he or she
14represents, the territory or areas assigned to sell to or
15discuss pricing terms of alcoholic liquor, and any other
16questions deemed appropriate and necessary. All statements in
17the forms required to be made by law or by rule shall be deemed
18material, and any person who knowingly misstates any material
19fact under oath in an application is guilty of a Class B
20misdemeanor. Fraud, misrepresentation, false statements,
21misleading statements, evasions, or suppression of material
22facts in the securing of a registration are grounds for
23suspension or revocation of the registration. The State
24Commission shall post a list of registered agents on the
25Commission's website.
26    (b) A distributor's license shall allow the wholesale

 

 

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1purchase and storage of alcoholic liquors and sale of alcoholic
2liquors to licensees in this State and to persons without the
3State, as may be permitted by law. No person licensed as a
4distributor shall be granted a non-resident dealer's license.
5    (c) An importing distributor's license may be issued to and
6held by those only who are duly licensed distributors, upon the
7filing of an application by a duly licensed distributor, with
8the Commission and the Commission shall, without the payment of
9any fee, immediately issue such importing distributor's
10license to the applicant, which shall allow the importation of
11alcoholic liquor by the licensee into this State from any point
12in the United States outside this State, and the purchase of
13alcoholic liquor in barrels, casks or other bulk containers and
14the bottling of such alcoholic liquors before resale thereof,
15but all bottles or containers so filled shall be sealed,
16labeled, stamped and otherwise made to comply with all
17provisions, rules and regulations governing manufacturers in
18the preparation and bottling of alcoholic liquors. The
19importing distributor's license shall permit such licensee to
20purchase alcoholic liquor from Illinois licensed non-resident
21dealers and foreign importers only. No person licensed as an
22importing distributor shall be granted a non-resident dealer's
23license.
24    (d) A retailer's license shall allow the licensee to sell
25and offer for sale at retail, only in the premises specified in
26the license, alcoholic liquor for use or consumption, but not

 

 

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1for resale in any form. Nothing in Public Act 95-634 shall
2deny, limit, remove, or restrict the ability of a holder of a
3retailer's license to transfer, deliver, or ship alcoholic
4liquor to the purchaser for use or consumption subject to any
5applicable local law or ordinance. Any retail license issued to
6a manufacturer shall only permit the manufacturer to sell beer
7at retail on the premises actually occupied by the
8manufacturer. For the purpose of further describing the type of
9business conducted at a retail licensed premises, a retailer's
10licensee may be designated by the State Commission as (i) an on
11premise consumption retailer, (ii) an off premise sale
12retailer, or (iii) a combined on premise consumption and off
13premise sale retailer.
14    Notwithstanding any other provision of this subsection
15(d), a retail licensee may sell alcoholic liquors to a special
16event retailer licensee for resale to the extent permitted
17under subsection (e).
18    (e) A special event retailer's license (not-for-profit)
19shall permit the licensee to purchase alcoholic liquors from an
20Illinois licensed distributor (unless the licensee purchases
21less than $500 of alcoholic liquors for the special event, in
22which case the licensee may purchase the alcoholic liquors from
23a licensed retailer) and shall allow the licensee to sell and
24offer for sale, at retail, alcoholic liquors for use or
25consumption, but not for resale in any form and only at the
26location and on the specific dates designated for the special

 

 

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1event in the license. An applicant for a special event retailer
2license must (i) furnish with the application: (A) a resale
3number issued under Section 2c of the Retailers' Occupation Tax
4Act or evidence that the applicant is registered under Section
52a of the Retailers' Occupation Tax Act, (B) a current, valid
6exemption identification number issued under Section 1g of the
7Retailers' Occupation Tax Act, and a certification to the
8Commission that the purchase of alcoholic liquors will be a
9tax-exempt purchase, or (C) a statement that the applicant is
10not registered under Section 2a of the Retailers' Occupation
11Tax Act, does not hold a resale number under Section 2c of the
12Retailers' Occupation Tax Act, and does not hold an exemption
13number under Section 1g of the Retailers' Occupation Tax Act,
14in which event the Commission shall set forth on the special
15event retailer's license a statement to that effect; (ii)
16submit with the application proof satisfactory to the State
17Commission that the applicant will provide dram shop liability
18insurance in the maximum limits; and (iii) show proof
19satisfactory to the State Commission that the applicant has
20obtained local authority approval.
21    (f) A railroad license shall permit the licensee to import
22alcoholic liquors into this State from any point in the United
23States outside this State and to store such alcoholic liquors
24in this State; to make wholesale purchases of alcoholic liquors
25directly from manufacturers, foreign importers, distributors
26and importing distributors from within or outside this State;

 

 

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1and to store such alcoholic liquors in this State; provided
2that the above powers may be exercised only in connection with
3the importation, purchase or storage of alcoholic liquors to be
4sold or dispensed on a club, buffet, lounge or dining car
5operated on an electric, gas or steam railway in this State;
6and provided further, that railroad licensees exercising the
7above powers shall be subject to all provisions of Article VIII
8of this Act as applied to importing distributors. A railroad
9license shall also permit the licensee to sell or dispense
10alcoholic liquors on any club, buffet, lounge or dining car
11operated on an electric, gas or steam railway regularly
12operated by a common carrier in this State, but shall not
13permit the sale for resale of any alcoholic liquors to any
14licensee within this State. A license shall be obtained for
15each car in which such sales are made.
16    (g) A boat license shall allow the sale of alcoholic liquor
17in individual drinks, on any passenger boat regularly operated
18as a common carrier on navigable waters in this State or on any
19riverboat operated under the Riverboat Gambling Act, which boat
20or riverboat maintains a public dining room or restaurant
21thereon.
22    (h) A non-beverage user's license shall allow the licensee
23to purchase alcoholic liquor from a licensed manufacturer or
24importing distributor, without the imposition of any tax upon
25the business of such licensed manufacturer or importing
26distributor as to such alcoholic liquor to be used by such

 

 

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1licensee solely for the non-beverage purposes set forth in
2subsection (a) of Section 8-1 of this Act, and such licenses
3shall be divided and classified and shall permit the purchase,
4possession and use of limited and stated quantities of
5alcoholic liquor as follows:
6Class 1, not to exceed ......................... 500 gallons
7Class 2, not to exceed ....................... 1,000 gallons
8Class 3, not to exceed ....................... 5,000 gallons
9Class 4, not to exceed ...................... 10,000 gallons
10Class 5, not to exceed ....................... 50,000 gallons
11    (i) A wine-maker's premises license shall allow a licensee
12that concurrently holds a first-class wine-maker's license to
13sell and offer for sale at retail in the premises specified in
14such license not more than 50,000 gallons of the first-class
15wine-maker's wine that is made at the first-class wine-maker's
16licensed premises per year for use or consumption, but not for
17resale in any form. A wine-maker's premises license shall allow
18a licensee who concurrently holds a second-class wine-maker's
19license to sell and offer for sale at retail in the premises
20specified in such license up to 100,000 gallons of the
21second-class wine-maker's wine that is made at the second-class
22wine-maker's licensed premises per year for use or consumption
23but not for resale in any form. A wine-maker's premises license
24shall allow a licensee that concurrently holds a first-class
25wine-maker's license or a second-class wine-maker's license to
26sell and offer for sale at retail at the premises specified in

 

 

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

 

 

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1airplane regularly operated by a common carrier in this State,
2but shall not permit the sale for resale of any alcoholic
3liquors to any licensee within this State. A single airplane
4license shall be required of an airline company if liquor
5service is provided on board aircraft in this State. The annual
6fee for such license shall be as determined in Section 5-3.
7    (k) A foreign importer's license shall permit such licensee
8to purchase alcoholic liquor from Illinois licensed
9non-resident dealers only, and to import alcoholic liquor other
10than in bulk from any point outside the United States and to
11sell such alcoholic liquor to Illinois licensed importing
12distributors and to no one else in Illinois; provided that (i)
13the foreign importer registers with the State Commission every
14brand of alcoholic liquor that it proposes to sell to Illinois
15licensees during the license period, (ii) the foreign importer
16complies with all of the provisions of Section 6-9 of this Act
17with respect to registration of such Illinois licensees as may
18be granted the right to sell such brands at wholesale, and
19(iii) the foreign importer complies with the provisions of
20Sections 6-5 and 6-6 of this Act to the same extent that these
21provisions apply to manufacturers.
22    (l) (i) A broker's license shall be required of all persons
23who solicit orders for, offer to sell or offer to supply
24alcoholic liquor to retailers in the State of Illinois, or who
25offer to retailers to ship or cause to be shipped or to make
26contact with distillers, rectifiers, brewers or manufacturers

 

 

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1or any other party within or without the State of Illinois in
2order that alcoholic liquors be shipped to a distributor,
3importing distributor or foreign importer, whether such
4solicitation or offer is consummated within or without the
5State of Illinois.
6    No holder of a retailer's license issued by the Illinois
7Liquor Control Commission shall purchase or receive any
8alcoholic liquor, the order for which was solicited or offered
9for sale to such retailer by a broker unless the broker is the
10holder of a valid broker's license.
11    The broker shall, upon the acceptance by a retailer of the
12broker's solicitation of an order or offer to sell or supply or
13deliver or have delivered alcoholic liquors, promptly forward
14to the Illinois Liquor Control Commission a notification of
15said transaction in such form as the Commission may by
16regulations prescribe.
17    (ii) A broker's license shall be required of a person
18within this State, other than a retail licensee, who, for a fee
19or commission, promotes, solicits, or accepts orders for
20alcoholic liquor, for use or consumption and not for resale, to
21be shipped from this State and delivered to residents outside
22of this State by an express company, common carrier, or
23contract carrier. This Section does not apply to any person who
24promotes, solicits, or accepts orders for wine as specifically
25authorized in Section 6-29 of this Act.
26    A broker's license under this subsection (l) shall not

 

 

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1entitle the holder to buy or sell any alcoholic liquors for his
2own account or to take or deliver title to such alcoholic
3liquors.
4    This subsection (l) shall not apply to distributors,
5employees of distributors, or employees of a manufacturer who
6has registered the trademark, brand or name of the alcoholic
7liquor pursuant to Section 6-9 of this Act, and who regularly
8sells such alcoholic liquor in the State of Illinois only to
9its registrants thereunder.
10    Any agent, representative, or person subject to
11registration pursuant to subsection (a-1) of this Section shall
12not be eligible to receive a broker's license.
13    (m) A non-resident dealer's license shall permit such
14licensee to ship into and warehouse alcoholic liquor into this
15State from any point outside of this State, and to sell such
16alcoholic liquor to Illinois licensed foreign importers and
17importing distributors and to no one else in this State;
18provided that (i) said non-resident dealer shall register with
19the Illinois Liquor Control Commission each and every brand of
20alcoholic liquor which it proposes to sell to Illinois
21licensees during the license period, (ii) it shall comply with
22all of the provisions of Section 6-9 hereof with respect to
23registration of such Illinois licensees as may be granted the
24right to sell such brands at wholesale, and (iii) the
25non-resident dealer shall comply with the provisions of
26Sections 6-5 and 6-6 of this Act to the same extent that these

 

 

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1provisions apply to manufacturers. No person licensed as a
2non-resident dealer shall be granted a distributor's or
3importing distributor's license.
4    (n) A brew pub license shall allow the licensee to only (i)
5manufacture up to 155,000 gallons of beer per year only on the
6premises specified in the license, (ii) make sales of the beer
7manufactured on the premises or, with the approval of the
8Commission, beer manufactured on another brew pub licensed
9premises that is wholly owned and operated by the same licensee
10to importing distributors, distributors, and to non-licensees
11for use and consumption, (iii) store the beer upon the
12premises, (iv) sell and offer for sale at retail from the
13licensed premises for off-premises consumption no more than
14155,000 gallons per year so long as such sales are only made
15in-person, (v) sell and offer for sale at retail for use and
16consumption on the premises specified in the license any form
17of alcoholic liquor purchased from a licensed distributor or
18importing distributor, and (vi) with the prior approval of the
19Commission, annually transfer no more than 155,000 gallons of
20beer manufactured on the premises to a licensed brew pub wholly
21owned and operated by the same licensee.
22    A brew pub licensee shall not under any circumstance sell
23or offer for sale beer manufactured by the brew pub licensee to
24retail licensees.
25    A person who holds a class 2 brewer license may
26simultaneously hold a brew pub license if the class 2 brewer

 

 

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1(i) does not, under any circumstance, sell or offer for sale
2beer manufactured by the class 2 brewer to retail licensees;
3(ii) does not hold more than 3 brew pub licenses in this State;
4(iii) does not manufacture more than a combined 3,720,000
5gallons of beer per year, including the beer manufactured at
6the brew pub; and (iv) is not a member of or affiliated with,
7directly or indirectly, a manufacturer that produces more than
83,720,000 gallons of beer per year or any other alcoholic
9liquor.
10    Notwithstanding any other provision of this Act, a licensed
11brewer, class 2 brewer, or non-resident dealer who before July
121, 2015 manufactured less than 3,720,000 gallons of beer per
13year and held a brew pub license on or before July 1, 2015 may
14(i) continue to qualify for and hold that brew pub license for
15the licensed premises and (ii) manufacture more than 3,720,000
16gallons of beer per year and continue to qualify for and hold
17that brew pub license if that brewer, class 2 brewer, or
18non-resident dealer does not simultaneously hold a class 1
19brewer license and is not a member of or affiliated with,
20directly or indirectly, a manufacturer that produces more than
213,720,000 gallons of beer per year or that produces any other
22alcoholic liquor.
23    (o) A caterer retailer license shall allow the holder to
24serve alcoholic liquors as an incidental part of a food service
25that serves prepared meals which excludes the serving of snacks
26as the primary meal, either on or off-site whether licensed or

 

 

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

 

 

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1wine manufacturer's license or who is licensed to make wine
2under the laws of another state to ship wine made by that
3licensee directly to a resident of this State who is 21 years
4of age or older for that resident's personal use and not for
5resale. Prior to receiving a winery shipper's license, an
6applicant for the license must provide the Commission with a
7true copy of its current license in any state in which it is
8licensed as a manufacturer of wine. An applicant for a winery
9shipper's license must also complete an application form that
10provides any other information the Commission deems necessary.
11The application form shall include all addresses from which the
12applicant for a winery shipper's license intends to ship wine,
13including the name and address of any third party, except for a
14common carrier, authorized to ship wine on behalf of the
15manufacturer. The application form shall include an
16acknowledgement consenting to the jurisdiction of the
17Commission, the Illinois Department of Revenue, and the courts
18of this State concerning the enforcement of this Act and any
19related laws, rules, and regulations, including authorizing
20the Department of Revenue and the Commission to conduct audits
21for the purpose of ensuring compliance with Public Act 95-634,
22and an acknowledgement that the wine manufacturer is in
23compliance with Section 6-2 of this Act. Any third party,
24except for a common carrier, authorized to ship wine on behalf
25of a first-class or second-class wine manufacturer's licensee,
26a first-class or second-class wine-maker's licensee, a limited

 

 

10000SB0941ham001- 21 -LRB100 09622 RPS 26374 a

1wine manufacturer's licensee, or a person who is licensed to
2make wine under the laws of another state shall also be
3disclosed by the winery shipper's licensee, and a copy of the
4written appointment of the third-party wine provider, except
5for a common carrier, to the wine manufacturer shall be filed
6with the State Commission as a supplement to the winery
7shipper's license application or any renewal thereof. The
8winery shipper's license holder shall affirm under penalty of
9perjury, as part of the winery shipper's license application or
10renewal, that he or she only ships wine, either directly or
11indirectly through a third-party provider, from the licensee's
12own production.
13    Except for a common carrier, a third-party provider
14shipping wine on behalf of a winery shipper's license holder is
15the agent of the winery shipper's license holder and, as such,
16a winery shipper's license holder is responsible for the acts
17and omissions of the third-party provider acting on behalf of
18the license holder. A third-party provider, except for a common
19carrier, that engages in shipping wine into Illinois on behalf
20of a winery shipper's license holder shall consent to the
21jurisdiction of the State Commission and the State. Any
22third-party, except for a common carrier, holding such an
23appointment shall, by February 1 of each calendar year and upon
24request by the State Commission or the Department of Revenue,
25file with the State Commission a statement detailing each
26shipment made to an Illinois resident. The statement shall

 

 

10000SB0941ham001- 22 -LRB100 09622 RPS 26374 a

1include the name and address of the third-party provider filing
2the statement, the time period covered by the statement, and
3the following information:
4        (1) the name, address, and license number of the winery
5    shipper on whose behalf the shipment was made;
6        (2) the quantity of the products delivered; and
7        (3) the date and address of the shipment.
8If the Department of Revenue or the State Commission requests a
9statement under this paragraph, the third-party provider must
10provide that statement no later than 30 days after the request
11is made. Any books, records, supporting papers, and documents
12containing information and data relating to a statement under
13this paragraph shall be kept and preserved for a period of 3
14years, unless their destruction sooner is authorized, in
15writing, by the Director of Revenue, and shall be open and
16available to inspection by the Director of Revenue or the State
17Commission or any duly authorized officer, agent, or employee
18of the State Commission or the Department of Revenue, at all
19times during business hours of the day. Any person who violates
20any provision of this paragraph or any rule of the State
21Commission for the administration and enforcement of the
22provisions of this paragraph is guilty of a Class C
23misdemeanor. In case of a continuing violation, each day's
24continuance thereof shall be a separate and distinct offense.
25    The State Commission shall adopt rules as soon as
26practicable to implement the requirements of Public Act 99-904

 

 

10000SB0941ham001- 23 -LRB100 09622 RPS 26374 a

1this amendatory Act of the 99th General Assembly and shall
2adopt rules prohibiting any such third-party appointment of a
3third-party provider, except for a common carrier, that has
4been deemed by the State Commission to have violated the
5provisions of this Act with regard to any winery shipper
6licensee.
7    A winery shipper licensee must pay to the Department of
8Revenue the State liquor gallonage tax under Section 8-1 for
9all wine that is sold by the licensee and shipped to a person
10in this State. For the purposes of Section 8-1, a winery
11shipper licensee shall be taxed in the same manner as a
12manufacturer of wine. A licensee who is not otherwise required
13to register under the Retailers' Occupation Tax Act must
14register under the Use Tax Act to collect and remit use tax to
15the Department of Revenue for all gallons of wine that are sold
16by the licensee and shipped to persons in this State. If a
17licensee fails to remit the tax imposed under this Act in
18accordance with the provisions of Article VIII of this Act, the
19winery shipper's license shall be revoked in accordance with
20the provisions of Article VII of this Act. If a licensee fails
21to properly register and remit tax under the Use Tax Act or the
22Retailers' Occupation Tax Act for all wine that is sold by the
23winery shipper and shipped to persons in this State, the winery
24shipper's license shall be revoked in accordance with the
25provisions of Article VII of this Act.
26    A winery shipper licensee must collect, maintain, and

 

 

10000SB0941ham001- 24 -LRB100 09622 RPS 26374 a

1submit to the Commission on a semi-annual basis the total
2number of cases per resident of wine shipped to residents of
3this State. A winery shipper licensed under this subsection (r)
4must comply with the requirements of Section 6-29 of this Act.
5    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
6Section 3-12, the State Commission may receive, respond to, and
7investigate any complaint and impose any of the remedies
8specified in paragraph (1) of subsection (a) of Section 3-12.
9    As used in this subsection, "third-party provider" means
10any entity that provides fulfillment house services, including
11warehousing, packaging, distribution, order processing, or
12shipment of wine, but not the sale of wine, on behalf of a
13licensed winery shipper.
14    (s) A craft distiller tasting permit license shall allow an
15Illinois licensed craft distiller to transfer a portion of its
16alcoholic liquor inventory from its craft distiller licensed
17premises to the premises specified in the license hereby
18created and to conduct a sampling, only in the premises
19specified in the license hereby created, of the transferred
20alcoholic liquor in accordance with subsection (c) of Section
216-31 of this Act. The transferred alcoholic liquor may not be
22sold or resold in any form. An applicant for the craft
23distiller tasting permit license must also submit with the
24application proof satisfactory to the State Commission that the
25applicant will provide dram shop liability insurance to the
26maximum limits and have local authority approval.

 

 

10000SB0941ham001- 25 -LRB100 09622 RPS 26374 a

1(Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13;
298-756, eff. 7-16-14; 99-448, eff. 8-24-15; 99-642, eff.
37-28-16; 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904,
4eff. 1-1-17; revised 9-15-16.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".