Sen. Antonio Muñoz

Filed: 3/13/2018

 

 


 

 


 
10000SB3019sam001LRB100 18963 RPS 37412 a

1
AMENDMENT TO SENATE BILL 3019

2    AMENDMENT NO. ______. Amend Senate Bill 3019 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 5-1, 6-4, 6-6, 6-8, and 8-1 as follows:
 
6    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
7    Sec. 5-1. Licenses issued by the Illinois Liquor Control
8Commission shall be of the following classes:
9    (a) Manufacturer's license - Class 1. Distiller, Class 2.
10Rectifier, Class 3. Brewer, Class 4. First Class Wine
11Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
12First Class Winemaker, Class 7. Second Class Winemaker, Class
138. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
1410. Class 1 Brewer, Class 11. Class 2 Brewer,
15    (b) Distributor's license,
16    (c) Importing Distributor's license,

 

 

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1    (d) Retailer's license,
2    (e) Special Event Retailer's license (not-for-profit),
3    (f) Railroad license,
4    (g) Boat license,
5    (h) Non-Beverage User's license,
6    (i) Wine-maker's premises license,
7    (j) Airplane license,
8    (k) Foreign importer's license,
9    (l) Broker's license,
10    (m) Non-resident dealer's license,
11    (n) Brew Pub license,
12    (o) Auction liquor license,
13    (p) Caterer retailer license,
14    (q) Special use permit license,
15    (r) Winery shipper's license,
16    (s) Craft distiller tasting permit.
17    No person, firm, partnership, corporation, or other legal
18business entity that is engaged in the manufacturing of wine
19may concurrently obtain and hold a wine-maker's license and a
20wine manufacturer's license.
21    (a) A manufacturer's license shall allow the manufacture,
22importation in bulk, storage, distribution and sale of
23alcoholic liquor to persons without the State, as may be
24permitted by law and to licensees in this State as follows:
25    Class 1. A Distiller may make sales and deliveries of
26alcoholic liquor to distillers, rectifiers, importing

 

 

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1distributors, distributors and non-beverage users and to no
2other licensees.
3    Class 2. A Rectifier, who is not a distiller, as defined
4herein, may make sales and deliveries of alcoholic liquor to
5rectifiers, importing distributors, distributors, retailers
6and non-beverage users and to no other licensees.
7    Class 3. A Brewer may make sales and deliveries of beer to
8importing distributors and distributors and may make sales as
9authorized under subsection (e) of Section 6-4 of this Act.
10    Class 4. A first class wine-manufacturer may make sales and
11deliveries of up to 50,000 gallons of wine to manufacturers,
12importing distributors and distributors, and to no other
13licensees.
14    Class 5. A second class Wine manufacturer may make sales
15and deliveries of more than 50,000 gallons of wine to
16manufacturers, importing distributors and distributors and to
17no other licensees.
18    Class 6. A first-class wine-maker's license shall allow the
19manufacture of up to 50,000 gallons of wine per year, and the
20storage and sale of such wine to distributors in the State and
21to persons without the State, as may be permitted by law. A
22person who, prior to June 1, 2008 (the effective date of Public
23Act 95-634), is a holder of a first-class wine-maker's license
24and annually produces more than 25,000 gallons of its own wine
25and who distributes its wine to licensed retailers shall cease
26this practice on or before July 1, 2008 in compliance with

 

 

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1Public Act 95-634.
2    Class 7. A second-class wine-maker's license shall allow
3the manufacture of between 50,000 and 150,000 gallons of wine
4per year, and the storage and sale of such wine to distributors
5in this State and to persons without the State, as may be
6permitted by law. A person who, prior to June 1, 2008 (the
7effective date of Public Act 95-634), is a holder of a
8second-class wine-maker's license and annually produces more
9than 25,000 gallons of its own wine and who distributes its
10wine to licensed retailers shall cease this practice on or
11before July 1, 2008 in compliance with Public Act 95-634.
12    Class 8. A limited wine-manufacturer may make sales and
13deliveries not to exceed 40,000 gallons of wine per year to
14distributors, and to non-licensees in accordance with the
15provisions of this Act.
16    Class 9. A craft distiller license shall allow the
17manufacture of up to 100,000 gallons of spirits by distillation
18per year and the storage of such spirits. If a craft distiller
19licensee, including a craft distiller licensee who holds more
20than one craft distiller license, is not affiliated with any
21other manufacturer of spirits, then the craft distiller
22licensee may sell such spirits to distributors in this State
23and up to 2,500 gallons of such spirits to non-licensees to the
24extent permitted by any exemption approved by the Commission
25pursuant to Section 6-4 of this Act. A craft distiller license
26holder may store such spirits at a non-contiguous licensed

 

 

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1location, but at no time shall a craft distiller license holder
2directly or indirectly produce in the aggregate more than
3100,000 gallons of spirits per year.
4    A craft distiller licensee may hold more than one craft
5distiller's license. However, a craft distiller that holds more
6than one craft distiller license shall not manufacture, in the
7aggregate, more than 100,000 gallons of spirits by distillation
8per year and shall not sell, in the aggregate, more than 2,500
9gallons of such spirits to non-licensees in accordance with an
10exemption approved by the State Commission pursuant to Section
116-4 of this Act.
12    Any craft distiller licensed under this Act who on July 28,
132010 (the effective date of Public Act 96-1367) was licensed as
14a distiller and manufactured no more spirits than permitted by
15this Section shall not be required to pay the initial licensing
16fee.
17    Class 10. A class 1 brewer license, which may only be
18issued to a licensed brewer or licensed non-resident dealer,
19shall allow the manufacture of up to 930,000 gallons of beer
20per year provided that the class 1 brewer licensee does not
21manufacture more than a combined 930,000 gallons of beer per
22year and is not a member of or affiliated with, directly or
23indirectly, a manufacturer that produces more than 930,000
24gallons of beer per year or any other alcoholic liquor. A class
251 brewer licensee may make sales and deliveries to importing
26distributors and distributors and to retail licensees in

 

 

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1accordance with the conditions set forth in paragraph (18) of
2subsection (a) of Section 3-12 of this Act.
3    Class 11. A class 2 brewer license, which may only be
4issued to a licensed brewer or licensed non-resident dealer,
5shall allow the manufacture of up to 3,720,000 gallons of beer
6per year provided that the class 2 brewer licensee does not
7manufacture more than a combined 3,720,000 gallons of beer per
8year and is not a member of or affiliated with, directly or
9indirectly, a manufacturer that produces more than 3,720,000
10gallons of beer per year or any other alcoholic liquor. A class
112 brewer licensee may make sales and deliveries to importing
12distributors and distributors, but shall not make sales or
13deliveries to any other licensee. If the State Commission
14provides prior approval, a class 2 brewer licensee may annually
15transfer up to 3,720,000 gallons of beer manufactured by that
16class 2 brewer licensee to the premises of a licensed class 2
17brewer wholly owned and operated by the same licensee.
18    (a-1) A manufacturer which is licensed in this State to
19make sales or deliveries of alcoholic liquor to licensed
20distributors or importing distributors and which enlists
21agents, representatives, or individuals acting on its behalf
22who contact licensed retailers on a regular and continual basis
23in this State must register those agents, representatives, or
24persons acting on its behalf with the State Commission.
25    Registration of agents, representatives, or persons acting
26on behalf of a manufacturer is fulfilled by submitting a form

 

 

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1to the Commission. The form shall be developed by the
2Commission and shall include the name and address of the
3applicant, the name and address of the manufacturer he or she
4represents, the territory or areas assigned to sell to or
5discuss pricing terms of alcoholic liquor, and any other
6questions deemed appropriate and necessary. All statements in
7the forms required to be made by law or by rule shall be deemed
8material, and any person who knowingly misstates any material
9fact under oath in an application is guilty of a Class B
10misdemeanor. Fraud, misrepresentation, false statements,
11misleading statements, evasions, or suppression of material
12facts in the securing of a registration are grounds for
13suspension or revocation of the registration. The State
14Commission shall post a list of registered agents on the
15Commission's website.
16    (b) A distributor's license shall allow the wholesale
17purchase and storage of alcoholic liquors and sale of alcoholic
18liquors to licensees in this State and to persons without the
19State, as may be permitted by law. No person licensed as a
20distributor shall be granted a non-resident dealer's license.
21    (c) An importing distributor's license may be issued to and
22held by those only who are duly licensed distributors, upon the
23filing of an application by a duly licensed distributor, with
24the Commission and the Commission shall, without the payment of
25any fee, immediately issue such importing distributor's
26license to the applicant, which shall allow the importation of

 

 

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1alcoholic liquor by the licensee into this State from any point
2in the United States outside this State, and the purchase of
3alcoholic liquor in barrels, casks or other bulk containers and
4the bottling of such alcoholic liquors before resale thereof,
5but all bottles or containers so filled shall be sealed,
6labeled, stamped and otherwise made to comply with all
7provisions, rules and regulations governing manufacturers in
8the preparation and bottling of alcoholic liquors. The
9importing distributor's license shall permit such licensee to
10purchase alcoholic liquor from Illinois licensed non-resident
11dealers and foreign importers only. No person licensed as an
12importing distributor shall be granted a non-resident dealer's
13license.
14    (d) A retailer's license shall allow the licensee to sell
15and offer for sale at retail, only in the premises specified in
16the license, alcoholic liquor for use or consumption, but not
17for resale in any form. Nothing in Public Act 95-634 shall
18deny, limit, remove, or restrict the ability of a holder of a
19retailer's license to transfer, deliver, or ship alcoholic
20liquor to the purchaser for use or consumption subject to any
21applicable local law or ordinance. Any retail license issued to
22a manufacturer shall only permit the manufacturer to sell beer
23at retail on the premises actually occupied by the
24manufacturer. For the purpose of further describing the type of
25business conducted at a retail licensed premises, a retailer's
26licensee may be designated by the State Commission as (i) an on

 

 

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1premise consumption retailer, (ii) an off premise sale
2retailer, or (iii) a combined on premise consumption and off
3premise sale retailer.
4    Notwithstanding any other provision of this subsection
5(d), a retail licensee may sell alcoholic liquors to a special
6event retailer licensee for resale to the extent permitted
7under subsection (e).
8    (e) A special event retailer's license (not-for-profit)
9shall permit the licensee to purchase alcoholic liquors from an
10Illinois licensed distributor (unless the licensee purchases
11less than $500 of alcoholic liquors for the special event, in
12which case the licensee may purchase the alcoholic liquors from
13a licensed retailer) and shall allow the licensee to sell and
14offer for sale, at retail, alcoholic liquors for use or
15consumption, but not for resale in any form and only at the
16location and on the specific dates designated for the special
17event in the license. An applicant for a special event retailer
18license must (i) furnish with the application: (A) a resale
19number issued under Section 2c of the Retailers' Occupation Tax
20Act or evidence that the applicant is registered under Section
212a of the Retailers' Occupation Tax Act, (B) a current, valid
22exemption identification number issued under Section 1g of the
23Retailers' Occupation Tax Act, and a certification to the
24Commission that the purchase of alcoholic liquors will be a
25tax-exempt purchase, or (C) a statement that the applicant is
26not registered under Section 2a of the Retailers' Occupation

 

 

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1Tax Act, does not hold a resale number under Section 2c of the
2Retailers' Occupation Tax Act, and does not hold an exemption
3number under Section 1g of the Retailers' Occupation Tax Act,
4in which event the Commission shall set forth on the special
5event retailer's license a statement to that effect; (ii)
6submit with the application proof satisfactory to the State
7Commission that the applicant will provide dram shop liability
8insurance in the maximum limits; and (iii) show proof
9satisfactory to the State Commission that the applicant has
10obtained local authority approval.
11    Nothing in this Act prohibits an Illinois licensed
12distributor from offering credit or a refund for unused,
13salable alcoholic liquors to a holder of a special event
14retailer's license or from the special event retailer's
15licensee accepting the credit or refund of alcoholic liquors at
16the conclusion of the event specified in the license.
17    (f) A railroad license shall permit the licensee to import
18alcoholic liquors into this State from any point in the United
19States outside this State and to store such alcoholic liquors
20in this State; to make wholesale purchases of alcoholic liquors
21directly from manufacturers, foreign importers, distributors
22and importing distributors from within or outside this State;
23and to store such alcoholic liquors in this State; provided
24that the above powers may be exercised only in connection with
25the importation, purchase or storage of alcoholic liquors to be
26sold or dispensed on a club, buffet, lounge or dining car

 

 

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

 

 

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1alcoholic liquor as follows:
2Class 1, not to exceed ......................... 500 gallons
3Class 2, not to exceed ....................... 1,000 gallons
4Class 3, not to exceed ....................... 5,000 gallons
5Class 4, not to exceed ...................... 10,000 gallons
6Class 5, not to exceed ....................... 50,000 gallons
7    (i) A wine-maker's premises license shall allow a licensee
8that concurrently holds a first-class wine-maker's license to
9sell and offer for sale at retail in the premises specified in
10such license not more than 50,000 gallons of the first-class
11wine-maker's wine that is made at the first-class wine-maker's
12licensed premises per year for use or consumption, but not for
13resale in any form. A wine-maker's premises license shall allow
14a licensee who concurrently holds a second-class wine-maker's
15license to sell and offer for sale at retail in the premises
16specified in such license up to 100,000 gallons of the
17second-class wine-maker's wine that is made at the second-class
18wine-maker's licensed premises per year for use or consumption
19but not for resale in any form. A wine-maker's premises license
20shall allow a licensee that concurrently holds a first-class
21wine-maker's license or a second-class wine-maker's license to
22sell and offer for sale at retail at the premises specified in
23the wine-maker's premises license, for use or consumption but
24not for resale in any form, any beer, wine, and spirits
25purchased from a licensed distributor. Upon approval from the
26State Commission, a wine-maker's premises license shall allow

 

 

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

 

 

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1service is provided on board aircraft in this State. The annual
2fee for such license shall be as determined in Section 5-3.
3    (k) A foreign importer's license shall permit such licensee
4to purchase alcoholic liquor from Illinois licensed
5non-resident dealers only, and to import alcoholic liquor other
6than in bulk from any point outside the United States and to
7sell such alcoholic liquor to Illinois licensed importing
8distributors and to no one else in Illinois; provided that (i)
9the foreign importer registers with the State Commission every
10brand of alcoholic liquor that it proposes to sell to Illinois
11licensees during the license period, (ii) the foreign importer
12complies with all of the provisions of Section 6-9 of this Act
13with respect to registration of such Illinois licensees as may
14be granted the right to sell such brands at wholesale, and
15(iii) the foreign importer complies with the provisions of
16Sections 6-5 and 6-6 of this Act to the same extent that these
17provisions apply to manufacturers.
18    (l) (i) A broker's license shall be required of all persons
19who solicit orders for, offer to sell or offer to supply
20alcoholic liquor to retailers in the State of Illinois, or who
21offer to retailers to ship or cause to be shipped or to make
22contact with distillers, rectifiers, brewers or manufacturers
23or any other party within or without the State of Illinois in
24order that alcoholic liquors be shipped to a distributor,
25importing distributor or foreign importer, whether such
26solicitation or offer is consummated within or without the

 

 

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1State of Illinois.
2    No holder of a retailer's license issued by the Illinois
3Liquor Control Commission shall purchase or receive any
4alcoholic liquor, the order for which was solicited or offered
5for sale to such retailer by a broker unless the broker is the
6holder of a valid broker's license.
7    The broker shall, upon the acceptance by a retailer of the
8broker's solicitation of an order or offer to sell or supply or
9deliver or have delivered alcoholic liquors, promptly forward
10to the Illinois Liquor Control Commission a notification of
11said transaction in such form as the Commission may by
12regulations prescribe.
13    (ii) A broker's license shall be required of a person
14within this State, other than a retail licensee, who, for a fee
15or commission, promotes, solicits, or accepts orders for
16alcoholic liquor, for use or consumption and not for resale, to
17be shipped from this State and delivered to residents outside
18of this State by an express company, common carrier, or
19contract carrier. This Section does not apply to any person who
20promotes, solicits, or accepts orders for wine as specifically
21authorized in Section 6-29 of this Act.
22    A broker's license under this subsection (l) shall not
23entitle the holder to buy or sell any alcoholic liquors for his
24own account or to take or deliver title to such alcoholic
25liquors.
26    This subsection (l) shall not apply to distributors,

 

 

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

 

 

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1manufacture up to 155,000 gallons of beer per year only on the
2premises specified in the license, (ii) make sales of the beer
3manufactured on the premises or, with the approval of the
4Commission, beer manufactured on another brew pub licensed
5premises that is wholly owned and operated by the same licensee
6to importing distributors, distributors, and to non-licensees
7for use and consumption, (iii) store the beer upon the
8premises, (iv) sell and offer for sale at retail from the
9licensed premises for off-premises consumption no more than
10155,000 gallons per year so long as such sales are only made
11in-person, (v) sell and offer for sale at retail for use and
12consumption on the premises specified in the license any form
13of alcoholic liquor purchased from a licensed distributor or
14importing distributor, and (vi) with the prior approval of the
15Commission, annually transfer no more than 155,000 gallons of
16beer manufactured on the premises to a licensed brew pub wholly
17owned and operated by the same licensee.
18    A brew pub licensee shall not under any circumstance sell
19or offer for sale beer manufactured by the brew pub licensee to
20retail licensees.
21    A person who holds a class 2 brewer license may
22simultaneously hold a brew pub license if the class 2 brewer
23(i) does not, under any circumstance, sell or offer for sale
24beer manufactured by the class 2 brewer to retail licensees;
25(ii) does not hold more than 3 brew pub licenses in this State;
26(iii) does not manufacture more than a combined 3,720,000

 

 

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1gallons of beer per year, including the beer manufactured at
2the brew pub; and (iv) is not a member of or affiliated with,
3directly or indirectly, a manufacturer that produces more than
43,720,000 gallons of beer per year or any other alcoholic
5liquor.
6    Notwithstanding any other provision of this Act, a licensed
7brewer, class 2 brewer, or non-resident dealer who before July
81, 2015 manufactured less than 3,720,000 gallons of beer per
9year and held a brew pub license on or before July 1, 2015 may
10(i) continue to qualify for and hold that brew pub license for
11the licensed premises and (ii) manufacture more than 3,720,000
12gallons of beer per year and continue to qualify for and hold
13that brew pub license if that brewer, class 2 brewer, or
14non-resident dealer does not simultaneously hold a class 1
15brewer license and is not a member of or affiliated with,
16directly or indirectly, a manufacturer that produces more than
173,720,000 gallons of beer per year or that produces any other
18alcoholic liquor.
19    (o) A caterer retailer license shall allow the holder to
20serve alcoholic liquors as an incidental part of a food service
21that serves prepared meals which excludes the serving of snacks
22as the primary meal, either on or off-site whether licensed or
23unlicensed.
24    (p) An auction liquor license shall allow the licensee to
25sell and offer for sale at auction wine and spirits for use or
26consumption, or for resale by an Illinois liquor licensee in

 

 

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

 

 

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1resale. Prior to receiving a winery shipper's license, an
2applicant for the license must provide the Commission with a
3true copy of its current license in any state in which it is
4licensed as a manufacturer of wine. An applicant for a winery
5shipper's license must also complete an application form that
6provides any other information the Commission deems necessary.
7The application form shall include all addresses from which the
8applicant for a winery shipper's license intends to ship wine,
9including the name and address of any third party, except for a
10common carrier, authorized to ship wine on behalf of the
11manufacturer. The application form shall include an
12acknowledgement consenting to the jurisdiction of the
13Commission, the Illinois Department of Revenue, and the courts
14of this State concerning the enforcement of this Act and any
15related laws, rules, and regulations, including authorizing
16the Department of Revenue and the Commission to conduct audits
17for the purpose of ensuring compliance with Public Act 95-634,
18and an acknowledgement that the wine manufacturer is in
19compliance with Section 6-2 of this Act. Any third party,
20except for a common carrier, authorized to ship wine on behalf
21of a first-class or second-class wine manufacturer's licensee,
22a first-class or second-class wine-maker's licensee, a limited
23wine manufacturer's licensee, or a person who is licensed to
24make wine under the laws of another state shall also be
25disclosed by the winery shipper's licensee, and a copy of the
26written appointment of the third-party wine provider, except

 

 

10000SB3019sam001- 21 -LRB100 18963 RPS 37412 a

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

 

 

10000SB3019sam001- 22 -LRB100 18963 RPS 37412 a

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

 

 

10000SB3019sam001- 23 -LRB100 18963 RPS 37412 a

1shipper licensee.
2    A winery shipper licensee must pay to the Department of
3Revenue the State liquor gallonage tax under Section 8-1 for
4all wine that is sold by the licensee and shipped to a person
5in this State. For the purposes of Section 8-1, a winery
6shipper licensee shall be taxed in the same manner as a
7manufacturer of wine. A licensee who is not otherwise required
8to register under the Retailers' Occupation Tax Act must
9register under the Use Tax Act to collect and remit use tax to
10the Department of Revenue for all gallons of wine that are sold
11by the licensee and shipped to persons in this State. If a
12licensee fails to remit the tax imposed under this Act in
13accordance with the provisions of Article VIII of this Act, the
14winery shipper's license shall be revoked in accordance with
15the provisions of Article VII of this Act. If a licensee fails
16to properly register and remit tax under the Use Tax Act or the
17Retailers' Occupation Tax Act for all wine that is sold by the
18winery shipper and shipped to persons in this State, the winery
19shipper's license shall be revoked in accordance with the
20provisions of Article VII of this Act.
21    A winery shipper licensee must collect, maintain, and
22submit to the Commission on a semi-annual basis the total
23number of cases per resident of wine shipped to residents of
24this State. A winery shipper licensed under this subsection (r)
25must comply with the requirements of Section 6-29 of this Act.
26    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of

 

 

10000SB3019sam001- 24 -LRB100 18963 RPS 37412 a

1Section 3-12, the State Commission may receive, respond to, and
2investigate any complaint and impose any of the remedies
3specified in paragraph (1) of subsection (a) of Section 3-12.
4    As used in this subsection, "third-party provider" means
5any entity that provides fulfillment house services, including
6warehousing, packaging, distribution, order processing, or
7shipment of wine, but not the sale of wine, on behalf of a
8licensed winery shipper.
9    (s) A craft distiller tasting permit license shall allow an
10Illinois licensed craft distiller to transfer a portion of its
11alcoholic liquor inventory from its craft distiller licensed
12premises to the premises specified in the license hereby
13created and to conduct a sampling, only in the premises
14specified in the license hereby created, of the transferred
15alcoholic liquor in accordance with subsection (c) of Section
166-31 of this Act. The transferred alcoholic liquor may not be
17sold or resold in any form. An applicant for the craft
18distiller tasting permit license must also submit with the
19application proof satisfactory to the State Commission that the
20applicant will provide dram shop liability insurance to the
21maximum limits and have local authority approval.
22(Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16;
2399-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff.
241-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17.)
 
25    (235 ILCS 5/6-4)  (from Ch. 43, par. 121)

 

 

10000SB3019sam001- 25 -LRB100 18963 RPS 37412 a

1    Sec. 6-4. (a) No person licensed by any licensing authority
2as a distiller, or a wine manufacturer, or any subsidiary or
3affiliate thereof, or any officer, associate, member, partner,
4representative, employee, agent or shareholder owning more
5than 5% of the outstanding shares of such person shall be
6issued an importing distributor's or distributor's license,
7nor shall any person licensed by any licensing authority as an
8importing distributor, distributor or retailer, or any
9subsidiary or affiliate thereof, or any officer or associate,
10member, partner, representative, employee, agent or
11shareholder owning more than 5% of the outstanding shares of
12such person be issued a distiller's license, a craft
13distiller's license, or a wine manufacturer's license; and no
14person or persons licensed as a distiller or craft distiller by
15any licensing authority shall have any interest, directly or
16indirectly, with such distributor or importing distributor.
17    However, an importing distributor or distributor, which on
18January 1, 1985 is owned by a brewer, or any subsidiary or
19affiliate thereof or any officer, associate, member, partner,
20representative, employee, agent or shareholder owning more
21than 5% of the outstanding shares of the importing distributor
22or distributor referred to in this paragraph, may own or
23acquire an ownership interest of more than 5% of the
24outstanding shares of a wine manufacturer and be issued a wine
25manufacturer's license by any licensing authority.
26    (b) The foregoing provisions shall not apply to any person

 

 

10000SB3019sam001- 26 -LRB100 18963 RPS 37412 a

1licensed by any licensing authority as a distiller or wine
2manufacturer, or to any subsidiary or affiliate of any
3distiller or wine manufacturer who shall have been heretofore
4licensed by the State Commission as either an importing
5distributor or distributor during the annual licensing period
6expiring June 30, 1947, and shall actually have made sales
7regularly to retailers.
8    (c) Provided, however, that in such instances where a
9distributor's or importing distributor's license has been
10issued to any distiller or wine manufacturer or to any
11subsidiary or affiliate of any distiller or wine manufacturer
12who has, during the licensing period ending June 30, 1947, sold
13or distributed as such licensed distributor or importing
14distributor alcoholic liquors and wines to retailers, such
15distiller or wine manufacturer or any subsidiary or affiliate
16of any distiller or wine manufacturer holding such
17distributor's or importing distributor's license may continue
18to sell or distribute to retailers such alcoholic liquors and
19wines which are manufactured, distilled, processed or marketed
20by distillers and wine manufacturers whose products it sold or
21distributed to retailers during the whole or any part of its
22licensing periods; and such additional brands and additional
23products may be added to the line of such distributor or
24importing distributor, provided, that such brands and such
25products were not sold or distributed by any distributor or
26importing distributor licensed by the State Commission during

 

 

10000SB3019sam001- 27 -LRB100 18963 RPS 37412 a

1the licensing period ending June 30, 1947, but can not sell or
2distribute to retailers any other alcoholic liquors or wines.
3    (d) It shall be unlawful for any distiller licensed
4anywhere to have any stock ownership or interest in any
5distributor's or importing distributor's license wherein any
6other person has an interest therein who is not a distiller and
7does not own more than 5% of any stock in any distillery.
8Nothing herein contained shall apply to such distillers or
9their subsidiaries or affiliates, who had a distributor's or
10importing distributor's license during the licensing period
11ending June 30, 1947, which license was owned in whole by such
12distiller, or subsidiaries or affiliates of such distiller.
13    (e) Any person licensed as a brewer, class 1 brewer, or
14class 2 brewer shall be permitted to sell on the licensed
15premises to non-licensees for on or off-premises consumption
16for the premises in which he or she actually conducts such
17business beer manufactured by the brewer, class 1 brewer, or
18class 2 brewer. Such sales shall be limited to on-premises,
19in-person sales only, for lawful consumption on or off
20premises. Such authorization shall be considered a privilege
21granted by the brewer license and, other than a manufacturer of
22beer as stated above, no manufacturer or distributor or
23importing distributor, excluding airplane licensees exercising
24powers provided in paragraph (i) of Section 5-1 of this Act, or
25any subsidiary or affiliate thereof, or any officer, associate,
26member, partner, representative, employee or agent, or

 

 

10000SB3019sam001- 28 -LRB100 18963 RPS 37412 a

1shareholder shall be issued a retailer's license, nor shall any
2person having a retailer's license, excluding airplane
3licensees exercising powers provided in paragraph (i) of
4Section 5-1 of this Act, or any subsidiary or affiliate
5thereof, or any officer, associate, member, partner,
6representative or agent, or shareholder be issued a
7manufacturer's license or importing distributor's license.
8    A manufacturer of beer that imports or transfers beer into
9this State must comply with Sections 6-8 and 8-1 of this Act.
10    A person who holds a class 1 or class 2 brewer license and
11is authorized by this Section to sell beer to non-licensees
12shall not sell beer to non-licensees from more than 3 total
13brewer or commonly owned brew pub licensed locations in this
14State. The class 1 or class 2 brewer shall designate to the
15State Commission the brewer or brew pub locations from which it
16will sell beer to non-licensees.
17    A person licensed as a craft distiller, including a person
18who holds more than one craft distiller license, not affiliated
19with any other person manufacturing spirits may be authorized
20by the Commission to sell up to 2,500 gallons of spirits
21produced by the person to non-licensees for on or off-premises
22consumption for the premises in which he or she actually
23conducts business permitting only the retail sale of spirits
24manufactured at such premises. Such sales shall be limited to
25on-premises, in-person sales only, for lawful consumption on or
26off premises, and such authorization shall be considered a

 

 

10000SB3019sam001- 29 -LRB100 18963 RPS 37412 a

1privilege granted by the craft distiller license. A craft
2distiller licensed for retail sale shall secure liquor
3liability insurance coverage in an amount at least equal to the
4maximum liability amounts set forth in subsection (a) of
5Section 6-21 of this Act.
6    A craft distiller license holder shall not deliver any
7alcoholic liquor to any non-licensee off the licensed premises.
8A craft distiller shall affirm in its annual craft distiller's
9license application that it does not produce more than 100,000
10gallons of distilled spirits annually and that the craft
11distiller does not sell more than 2,500 gallons of spirits to
12non-licensees for on or off-premises consumption. In the
13application, which shall be sworn under penalty of perjury, the
14craft distiller shall state the volume of production and sales
15for each year since the craft distiller's establishment.
16    (f) (Blank).
17    (g) Notwithstanding any of the foregoing prohibitions, a
18limited wine manufacturer may sell at retail at its
19manufacturing site for on or off premises consumption and may
20sell to distributors. A limited wine manufacturer licensee
21shall secure liquor liability insurance coverage in an amount
22at least equal to the maximum liability amounts set forth in
23subsection (a) of Section 6-21 of this Act.
24    (h) The changes made to this Section by Public Act 99-47
25shall not diminish or impair the rights of any person, whether
26a distiller, wine manufacturer, agent, or affiliate thereof,

 

 

10000SB3019sam001- 30 -LRB100 18963 RPS 37412 a

1who requested in writing and submitted documentation to the
2State Commission on or before February 18, 2015 to be approved
3for a retail license pursuant to what has heretofore been
4subsection (f); provided that, on or before that date, the
5State Commission considered the intent of that person to apply
6for the retail license under that subsection and, by recorded
7vote, the State Commission approved a resolution indicating
8that such a license application could be lawfully approved upon
9that person duly filing a formal application for a retail
10license and if that person, within 90 days of the State
11Commission appearance and recorded vote, first filed an
12application with the appropriate local commission, which
13application was subsequently approved by the appropriate local
14commission prior to consideration by the State Commission of
15that person's application for a retail license. It is further
16provided that the State Commission may approve the person's
17application for a retail license or renewals of such license if
18such person continues to diligently adhere to all
19representations made in writing to the State Commission on or
20before February 18, 2015, or thereafter, or in the affidavit
21filed by that person with the State Commission to support the
22issuance of a retail license and to abide by all applicable
23laws and duly adopted rules.
24(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15;
2599-642, eff. 7-28-16; 99-902, eff. 8-26-16; 100-201, eff.
268-18-17.)
 

 

 

10000SB3019sam001- 31 -LRB100 18963 RPS 37412 a

1    (235 ILCS 5/6-6)  (from Ch. 43, par. 123)
2    Sec. 6-6. Except as otherwise provided in this Act no
3manufacturer or distributor or importing distributor shall,
4directly or indirectly, sell, supply, furnish, give or pay for,
5or loan or lease, any furnishing, fixture or equipment on the
6premises of a place of business of another licensee authorized
7under this Act to sell alcoholic liquor at retail, either for
8consumption on or off the premises, nor shall he or she,
9directly or indirectly, pay for any such license, or advance,
10furnish, lend or give money for payment of such license, or
11purchase or become the owner of any note, mortgage, or other
12evidence of indebtedness of such licensee or any form of
13security therefor, nor shall such manufacturer, or
14distributor, or importing distributor, directly or indirectly,
15be interested in the ownership, conduct or operation of the
16business of any licensee authorized to sell alcoholic liquor at
17retail, nor shall any manufacturer, or distributor, or
18importing distributor be interested directly or indirectly or
19as owner or part owner of said premises or as lessee or lessor
20thereof, in any premises upon which alcoholic liquor is sold at
21retail.
22    No manufacturer or distributor or importing distributor
23shall, directly or indirectly or through a subsidiary or
24affiliate, or by any officer, director or firm of such
25manufacturer, distributor or importing distributor, furnish,

 

 

10000SB3019sam001- 32 -LRB100 18963 RPS 37412 a

1give, lend or rent, install, repair or maintain, to or for any
2retail licensee in this State, any signs or inside advertising
3materials except as provided in this Section and Section 6-5.
4With respect to retail licensees, other than any government
5owned or operated auditorium, exhibition hall, recreation
6facility or other similar facility holding a retailer's license
7as described in Section 6-5, a manufacturer, distributor, or
8importing distributor may furnish, give, lend or rent and
9erect, install, repair and maintain to or for any retail
10licensee, for use at any one time in or about or in connection
11with a retail establishment on which the products of the
12manufacturer, distributor or importing distributor are sold,
13the following signs and inside advertising materials as
14authorized in subparts (i), (ii), (iii), and (iv):
15        (i) Permanent outside signs shall cost be limited to
16    one outside sign, per brand, in place and in use at any one
17    time, costing not more than $3,000 per manufacturer $893,
18    exclusive of erection, installation, repair and
19    maintenance costs, and permit fees and shall bear only the
20    manufacturer's name, brand name, trade name, slogans,
21    markings, trademark, or other symbols commonly associated
22    with and generally used in identifying the product
23    including, but not limited to, "cold beer", "on tap",
24    "carry out", and "packaged liquor".
25        (ii) Temporary outside signs shall include, but not be
26    limited to, be limited to one temporary outside sign per

 

 

10000SB3019sam001- 33 -LRB100 18963 RPS 37412 a

1    brand. Examples of temporary outside signs are banners,
2    flags, pennants, streamers, and other items of a temporary
3    and non-permanent nature, and shall cost not more than
4    $1,000 per manufacturer. Each temporary outside sign must
5    include the manufacturer's name, brand name, trade name,
6    slogans, markings, trademark, or other symbol commonly
7    associated with and generally used in identifying the
8    product. Temporary outside signs may also include, for
9    example, the product, price, packaging, date or dates of a
10    promotion and an announcement of a retail licensee's
11    specific sponsored event, if the temporary outside sign is
12    intended to promote a product, and provided that the
13    announcement of the retail licensee's event and the product
14    promotion are held simultaneously. However, temporary
15    outside signs may not include names, slogans, markings, or
16    logos that relate to the retailer. Nothing in this subpart
17    (ii) shall prohibit a distributor or importing distributor
18    from bearing the cost of creating or printing a temporary
19    outside sign for the retail licensee's specific sponsored
20    event or from bearing the cost of creating or printing a
21    temporary sign for a retail licensee containing, for
22    example, community goodwill expressions, regional sporting
23    event announcements, or seasonal messages, provided that
24    the primary purpose of the temporary outside sign is to
25    highlight, promote, or advertise the product. In addition,
26    temporary outside signs provided by the manufacturer to the

 

 

10000SB3019sam001- 34 -LRB100 18963 RPS 37412 a

1    distributor or importing distributor may also include, for
2    example, subject to the limitations of this Section,
3    preprinted community goodwill expressions, sporting event
4    announcements, seasonal messages, and manufacturer
5    promotional announcements. However, a distributor or
6    importing distributor shall not bear the cost of such
7    manufacturer preprinted signs.
8        (iii) Permanent inside signs, whether visible from the
9    outside or the inside of the premises, include, but are not
10    limited to: alcohol lists and menus that may include names,
11    slogans, markings, or logos that relate to the retailer;
12    neons; illuminated signs; clocks; table lamps; mirrors;
13    tap handles; decalcomanias; window painting; and window
14    trim. All permanent inside signs, except alcohol lists and
15    menus, are the property of the manufacturer, distributor,
16    or importing distributor and shall be returned to the
17    manufacturer, distributor, or importing distributor upon
18    request. All permanent inside signs in place and in use at
19    any one time shall cost in the aggregate not more than
20    $6,000 $2000 per manufacturer. A permanent inside sign must
21    include the manufacturer's name, brand name, trade name,
22    slogans, markings, trademark, or other symbol commonly
23    associated with and generally used in identifying the
24    product. However, permanent inside signs may not include
25    names, slogans, markings, or logos that relate to the
26    retailer. For the purpose of this subpart (iii), all

 

 

10000SB3019sam001- 35 -LRB100 18963 RPS 37412 a

1    permanent inside signs may be displayed in an adjacent
2    courtyard or patio commonly referred to as a "beer garden"
3    that is a part of the retailer's licensed premises.
4        (iv) Temporary inside signs shall include, but are not
5    limited to, lighted chalk boards, acrylic table tent
6    beverage or hors d'oeuvre list holders, banners, flags,
7    pennants, streamers, and inside advertising materials such
8    as posters, placards, bowling sheets, table tents, inserts
9    for acrylic table tent beverage or hors d'oeuvre list
10    holders, sports schedules, or similar printed or
11    illustrated materials and product displays, such as
12    display racks, bins, barrels, or similar items, the primary
13    function of which is to temporarily hold and display
14    alcoholic beverages; however, such items, for example, as
15    coasters, trays, napkins, glassware and cups shall not be
16    deemed to be inside signs or advertising materials and may
17    only be sold to retailers at fair market value, which shall
18    be no less than the cost of the item to the manufacturer,
19    distributor, or importing distributor. All temporary
20    inside signs and inside advertising materials in place and
21    in use at any one time shall cost in the aggregate not more
22    than $1,000 $325 per manufacturer. Nothing in this subpart
23    (iv) prohibits a distributor or importing distributor from
24    paying the cost of printing or creating any temporary
25    inside banner or inserts for acrylic table tent beverage or
26    hors d'oeuvre list holders for a retail licensee, provided

 

 

10000SB3019sam001- 36 -LRB100 18963 RPS 37412 a

1    that the primary purpose for the banner or insert is to
2    highlight, promote, or advertise the product. For the
3    purpose of this subpart (iv), all temporary inside signs
4    and inside advertising materials may be displayed in an
5    adjacent courtyard or patio commonly referred to as a "beer
6    garden" that is a part of the retailer's licensed premises.
7    A "cost adjustment factor" shall be used to periodically
8update the dollar limitations prescribed in subparts (i),
9(iii), and (iv). The Commission shall establish the adjusted
10dollar limitation on an annual basis beginning in January,
111997. The term "cost adjustment factor" means a percentage
12equal to the change in the Bureau of Labor Statistics Consumer
13Price Index or 5%, whichever is greater. The restrictions
14contained in this Section 6-6 do not apply to signs, or
15promotional or advertising materials furnished by
16manufacturers, distributors or importing distributors to a
17government owned or operated facility holding a retailer's
18license as described in Section 6-5.
19    No distributor or importing distributor shall directly or
20indirectly or through a subsidiary or affiliate, or by any
21officer, director or firm of such manufacturer, distributor or
22importing distributor, furnish, give, lend or rent, install,
23repair or maintain, to or for any retail licensee in this
24State, any signs or inside advertising materials described in
25subparts (i), (ii), (iii), or (iv) of this Section except as
26the agent for or on behalf of a manufacturer, provided that the

 

 

10000SB3019sam001- 37 -LRB100 18963 RPS 37412 a

1total cost of any signs and inside advertising materials
2including but not limited to labor, erection, installation and
3permit fees shall be paid by the manufacturer whose product or
4products said signs and inside advertising materials advertise
5and except as follows:
6    A distributor or importing distributor may purchase from or
7enter into a written agreement with a manufacturer or a
8manufacturer's designated supplier and such manufacturer or
9the manufacturer's designated supplier may sell or enter into
10an agreement to sell to a distributor or importing distributor
11permitted signs and advertising materials described in
12subparts (ii), (iii), or (iv) of this Section for the purpose
13of furnishing, giving, lending, renting, installing,
14repairing, or maintaining such signs or advertising materials
15to or for any retail licensee in this State. Any purchase by a
16distributor or importing distributor from a manufacturer or a
17manufacturer's designated supplier shall be voluntary and the
18manufacturer may not require the distributor or the importing
19distributor to purchase signs or advertising materials from the
20manufacturer or the manufacturer's designated supplier.
21    A distributor or importing distributor shall be deemed the
22owner of such signs or advertising materials purchased from a
23manufacturer or a manufacturer's designated supplier.
24    The provisions of Public Act 90-373 concerning signs or
25advertising materials delivered by a manufacturer to a
26distributor or importing distributor shall apply only to signs

 

 

10000SB3019sam001- 38 -LRB100 18963 RPS 37412 a

1or advertising materials delivered on or after August 14, 1997.
2    A manufacturer, distributor, or importing distributor may
3furnish free social media advertising to a retail licensee if
4the social media advertisement does not contain the retail
5price of any alcoholic liquor and the social media
6advertisement complies with any applicable rules or
7regulations issued by the Alcohol and Tobacco Tax and Trade
8Bureau of the United States Department of the Treasury. A
9manufacturer, distributor, or importing distributor may list
10the names of one or more unaffiliated retailers in the
11advertisement of alcoholic liquor through social media.
12Nothing in this Section shall prohibit a retailer from
13communicating with a manufacturer, distributor, or importing
14distributor on social media or sharing media on the social
15media of a manufacturer, distributor, or importing
16distributor. A retailer may request free social media
17advertising from a manufacturer, distributor, or importing
18distributor. Nothing in this Section shall prohibit a
19manufacturer, distributor, or importing distributor from
20sharing, reposting, or otherwise forwarding a social media post
21by a retail licensee, so long as the sharing, reposting, or
22forwarding of the social media post does not contain the retail
23price of any alcoholic liquor. No manufacturer, distributor, or
24importing distributor shall pay or reimburse a retailer,
25directly or indirectly, for any social media advertising
26services, except as specifically permitted in this Act. No

 

 

10000SB3019sam001- 39 -LRB100 18963 RPS 37412 a

1retailer shall accept any payment or reimbursement, directly or
2indirectly, for any social media advertising services offered
3by a manufacturer, distributor, or importing distributor,
4except as specifically permitted in this Act. For the purposes
5of this Section, "social media" means a service, platform, or
6site where users communicate with one another and share media,
7such as pictures, videos, music, and blogs, with other users
8free of charge.
9    No person engaged in the business of manufacturing,
10importing or distributing alcoholic liquors shall, directly or
11indirectly, pay for, or advance, furnish, or lend money for the
12payment of any license for another. Any licensee who shall
13permit or assent, or be a party in any way to any violation or
14infringement of the provisions of this Section shall be deemed
15guilty of a violation of this Act, and any money loaned
16contrary to a provision of this Act shall not be recovered
17back, or any note, mortgage or other evidence of indebtedness,
18or security, or any lease or contract obtained or made contrary
19to this Act shall be unenforceable and void.
20    This Section shall not apply to airplane licensees
21exercising powers provided in paragraph (i) of Section 5-1 of
22this Act.
23(Source: P.A. 98-756, eff. 7-16-14; 99-448, eff. 8-24-15.)
 
24    (235 ILCS 5/6-8)  (from Ch. 43, par. 125)
25    Sec. 6-8. Each manufacturer or importing distributor or

 

 

10000SB3019sam001- 40 -LRB100 18963 RPS 37412 a

1foreign importer shall keep an accurate record of all alcoholic
2liquors manufactured, distributed, sold, used, or delivered by
3him in this State during each month, showing therein to whom
4sold, and shall furnish a copy thereof or a report thereon to
5the State Commission, as the State Commission may, request.
6    Each importing distributor or manufacturer to whom
7alcoholic liquors imported into this State have been consigned
8shall effect possession and physical control thereof by storing
9such alcoholic liquors in the premises wherein such importing
10distributor or manufacturer is licensed to engage in such
11business as an importing distributor or manufacturer and to
12make such alcoholic liquors together with accompanying
13invoices, bills of lading and receiving tickets available for
14inspection by an agent or representative of the Department of
15Revenue and of the State Commission.
16    All alcoholic liquor imported into this State must be
17off-loaded from the common carrier, vehicle, or mode of
18transportation by which the alcoholic liquor was delivered into
19this State. The alcoholic liquor shall be stored at the
20licensed premises of the importing distributor before sale and
21delivery to licensees in this State. A distributor or importing
22distributor, upon application to the Commission, may secure a
23waiver of the provisions of this Section for purposes of
24delivering beer directly to a licensee holding or otherwise
25participating in a special event sponsored by a unit of
26government or a not-for-profit organization.

 

 

10000SB3019sam001- 41 -LRB100 18963 RPS 37412 a

1    A manufacturer of beer that imports or transfers beer into
2this State must comply with the provisions of this Section.
3(Source: P.A. 88-535.)
 
4    (235 ILCS 5/8-1)
5    Sec. 8-1. A tax is imposed upon the privilege of engaging
6in business as a manufacturer or as an importing distributor of
7alcoholic liquor other than beer at the rate of $0.185 per
8gallon until September 1, 2009 and $0.231 per gallon beginning
9September 1, 2009 for cider containing not less than 0.5%
10alcohol by volume nor more than 7% alcohol by volume, $0.73 per
11gallon until September 1, 2009 and $1.39 per gallon beginning
12September 1, 2009 for wine other than cider containing less
13than 7% alcohol by volume, and $4.50 per gallon until September
141, 2009 and $8.55 per gallon beginning September 1, 2009 on
15alcohol and spirits manufactured and sold or used by such
16manufacturer, or as agent for any other person, or sold or used
17by such importing distributor, or as agent for any other
18person. A tax is imposed upon the privilege of engaging in
19business as a manufacturer of beer or as an importing
20distributor of beer at the rate of $0.185 per gallon until
21September 1, 2009 and $0.231 per gallon beginning September 1,
222009 on all beer manufactured and sold or used by such
23manufacturer, or as agent for any other person, or sold or used
24by such importing distributor, or as agent for any other
25person. Any brewer manufacturing beer in this State shall be

 

 

10000SB3019sam001- 42 -LRB100 18963 RPS 37412 a

1entitled to and given a credit or refund of 75% of the tax
2imposed on each gallon of beer up to 4.9 million gallons per
3year in any given calendar year for tax paid or payable on beer
4produced and sold in the State of Illinois.
5    For the purpose of this Section, "cider" means any
6alcoholic beverage obtained by the alcohol fermentation of the
7juice of apples or pears including, but not limited to,
8flavored, sparkling, or carbonated cider.
9    The credit or refund created by this Act shall apply to all
10beer taxes in the calendar years 1982 through 1986.
11    The increases made by this amendatory Act of the 91st
12General Assembly in the rates of taxes imposed under this
13Section shall apply beginning on July 1, 1999.
14    A tax at the rate of 1¢ per gallon on beer and 48¢ per
15gallon on alcohol and spirits is also imposed upon the
16privilege of engaging in business as a retailer or as a
17distributor who is not also an importing distributor with
18respect to all beer and all alcohol and spirits owned or
19possessed by such retailer or distributor when this amendatory
20Act of 1969 becomes effective, and with respect to which the
21additional tax imposed by this amendatory Act upon
22manufacturers and importing distributors does not apply.
23Retailers and distributors who are subject to the additional
24tax imposed by this paragraph of this Section shall be required
25to inventory such alcoholic liquor and to pay this additional
26tax in a manner prescribed by the Department.

 

 

10000SB3019sam001- 43 -LRB100 18963 RPS 37412 a

1    The provisions of this Section shall be construed to apply
2to any importing distributor engaging in business in this
3State, whether licensed or not.
4    However, such tax is not imposed upon any such business as
5to any alcoholic liquor shipped outside Illinois by an Illinois
6licensed manufacturer or importing distributor, nor as to any
7alcoholic liquor delivered in Illinois by an Illinois licensed
8manufacturer or importing distributor to a purchaser for
9immediate transportation by the purchaser to another state into
10which the purchaser has a legal right, under the laws of such
11state, to import such alcoholic liquor, nor as to any alcoholic
12liquor other than beer sold by one Illinois licensed
13manufacturer or importing distributor to another Illinois
14licensed manufacturer or importing distributor to the extent to
15which the sale of alcoholic liquor other than beer by one
16Illinois licensed manufacturer or importing distributor to
17another Illinois licensed manufacturer or importing
18distributor is authorized by the licensing provisions of this
19Act, nor to alcoholic liquor whether manufactured in or
20imported into this State when sold to a "non-beverage user"
21licensed by the State for use in the manufacture of any of the
22following when they are unfit for beverage purposes:
23    Patent and proprietary medicines and medicinal,
24antiseptic, culinary and toilet preparations;
25    Flavoring extracts and syrups and food products;
26    Scientific, industrial and chemical products, excepting

 

 

10000SB3019sam001- 44 -LRB100 18963 RPS 37412 a

1denatured alcohol;
2    Or for scientific, chemical, experimental or mechanical
3purposes;
4    Nor is the tax imposed upon the privilege of engaging in
5any business in interstate commerce or otherwise, which
6business may not, under the Constitution and Statutes of the
7United States, be made the subject of taxation by this State.
8    The tax herein imposed shall be in addition to all other
9occupation or privilege taxes imposed by the State of Illinois
10or political subdivision thereof.
11    If any alcoholic liquor manufactured in or imported into
12this State is sold to a licensed manufacturer or importing
13distributor by a licensed manufacturer or importing
14distributor to be used solely as an ingredient in the
15manufacture of any beverage for human consumption, the tax
16imposed upon such purchasing manufacturer or importing
17distributor shall be reduced by the amount of the taxes which
18have been paid by the selling manufacturer or importing
19distributor under this Act as to such alcoholic liquor so used
20to the Department of Revenue.
21    If any person received any alcoholic liquors from a
22manufacturer or importing distributor, with respect to which
23alcoholic liquors no tax is imposed under this Article, and
24such alcoholic liquor shall thereafter be disposed of in such
25manner or under such circumstances as may cause the same to
26become the base for the tax imposed by this Article, such

 

 

10000SB3019sam001- 45 -LRB100 18963 RPS 37412 a

1person shall make the same reports and returns, pay the same
2taxes and be subject to all other provisions of this Article
3relating to manufacturers and importing distributors.
4    Nothing in this Article shall be construed to require the
5payment to the Department of the taxes imposed by this Article
6more than once with respect to any quantity of alcoholic liquor
7sold or used within this State.
8    No tax is imposed by this Act on sales of alcoholic liquor
9by Illinois licensed foreign importers to Illinois licensed
10importing distributors.
11    All of the proceeds of the additional tax imposed by Public
12Act 96-34 shall be deposited by the Department into the Capital
13Projects Fund. The remainder of the tax imposed by this Act
14shall be deposited by the Department into the General Revenue
15Fund.
16    A manufacturer of beer that imports or transfers beer into
17this State must comply with the provisions of this Section with
18regard to the beer imported into this State.
19    The provisions of this Section 8-1 are severable under
20Section 1.31 of the Statute on Statutes.
21(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
22eff. 7-13-09; 96-1000, eff. 7-2-10.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".