HB7032 93RD GENERAL ASSEMBLY

LRB093 18566 LRD 44287 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7032

Introduced 02/09/04, by Joseph M. Lyons

SYNOPSIS AS INTRODUCED:

See Index

Amends the Liquor Control Act of 1934. Creates 2 new types of licenses, to be known as the beer and wine distributors license and the beer and wine importing distributors license. Provides that a beer and wine distributors license authorizes its holder to engage in purchasing, storing, possessing, or warehousing beer or wine for resale or reselling at wholesale, within or without Illinois. Provides that a beer and wine importing distributor's license authorizes its holder to import into Illinois, from any point in the United States outside of Illinois, whether for himself or for another, any beer or wine for sale or resale and to import into Illinois, from any point in the United States outside of Illinois, for consumption in any one calendar year, more than one gallon of beer and wine.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning alcoholic liquor.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

4		Section 5. The Liquor Control Act of 1934 is amended by
5		changing Sections 1-3.05, 1-3.15, 1-3.16, 1-3.21, 1-3.27,
6		1-3.29, 1-3.33, 3-12, 3-14, 4-4, 5-1, 5-3, 6-2, 6-4, 6-5, 6-6,
7		6-6.5, 6-7, 6-8, 6-9, 6-9.1, 6-17, 6-17.1, 6-21, 6-22, 6-29,
8		6-29.1, 6-31, 7-1, 7-6, 8-1, 8-2, 8-5, 8-10, 9-13, 10-1, and
9		10-7.1 and by adding Sections 1-3.38 and 1-3.39 as follows:
10		(235 ILCS 5/1-3.05) (from Ch. 43, par. 95.05)
11		Sec. 1-3.05. "Alcoholic liquor" includes alcohol, spirits,
12		wine and beer, and every liquid or solid, patented or not,
13		containing alcohol, spirits, wine or beer, and capable of being
14		consumed as a beverage by a human being. The provisions of this
15		Act shall not apply to alcohol used in the manufacture of
16		denatured alcohol produced in accordance with Acts of Congress
17		and regulations promulgated thereunder, nor to any liquid or
18		solid containing 0.5% one-half of one per cent, or less, of
19		alcohol by volume. No tax provided for in Article VIII of this
20		Act shall apply to wine intended for use and used by any church
21		or religious organization for sacramental purposes, provided
22		that such wine shall be purchased from a licensed manufacturer,
23		or importing distributor, or beer and wine importing
24		distributor under this Act.
25		(Source: P.A. 82-783.)
26		(235 ILCS 5/1-3.15) (from Ch. 43, par. 95.15)
27		Sec. 1-3.15. "Distributor" means any person, other than a
28		manufacturer, or non-resident dealer, or beer and wine
29		distributor licensed under this Act, who is engaged in this
30		State in purchasing, storing, possessing or warehousing any
31		alcoholic liquors for resale or reselling at wholesale, whether

1		within or without this State.
2		(Source: P.A. 83-1254.)
3		(235 ILCS 5/1-3.16) (from Ch. 43, par. 95.16)
4		Sec. 1-3.16. "Importing distributor" means any person
5		other than a non-resident dealer or beer and wine importing
6		distributor licensed under this Act who imports into this
7		State, from any point in the United States outside this State,
8		whether for himself or for another, any alcoholic liquors for
9		sale or resale, or for use in the manufacture, preparation or
10		compounding of products other than alcoholic liquors, or who
11		imports into this State, from any point in the United States
12		outside this State, for consumption in any one calendar year,
13		more than one gallon of such liquors.
14		(Source: P.A. 83-1254.)
15		(235 ILCS 5/1-3.21) (from Ch. 43, par. 95.21)
16		Sec. 1-3.21. "Sale" means any transfer, exchange or barter
17		in any manner, or by any means whatsoever, including the
18		transfer of alcoholic liquors by and through the transfer or
19		negotiation of warehouse receipts or certificates, and
20		includes and means all sales made by any person, whether
21		principal, proprietor, agent, servant or employee. The term
22		"sale" includes any transfer of alcoholic liquor from a foreign
23		importer's license to an importing distributor's license even
24		if both licenses are held by the same person and any transfer
25		of beer or wine from a foreign importer's license to a beer and
26		wine importing distributor's license even if both licenses are
27		held by the same person.
28		(Source: P.A. 82-783.)
29		(235 ILCS 5/1-3.27) (from Ch. 43, par. 95.27)
30		Sec. 1-3.27. "Foreign importer" means anyone other than a
31		non-resident dealer licensed under this Act who imports into
32		this State, from any point outside the United States, any
33		alcoholic liquors other than in bulk for sale to a licensed

1		importing distributor or licensed beer and wine importing
2		distributor.
3		(Source: P.A. 83-1254.)
4		(235 ILCS 5/1-3.29) (from Ch. 43, par. 95.29)
5		Sec. 1-3.29. "Non-resident dealer" means any person, firm,
6		partnership, corporation or other legal business entity who or
7		which exports into this State, from any point outside of this
8		State, any alcoholic liquors for sale to Illinois licensed
9		foreign importers, or importing distributors, or beer and wine
10		importing distributors. Such license shall be restricted to the
11		actual manufacturer of such alcoholic liquors or the primary
12		United States importer of such alcoholic liquors, if
13		manufactured outside of the United States, or the duly
14		registered agent of such manufacturer or importer.
15		Registration of such agent with the State Commission, in such
16		manner and form as it may prescribe, shall be a prerequisite to
17		the issuance of such license to an agent.
18		Any licensed Illinois manufacturer of Class 1, Class 2, or
19		Class 3 may obtain a Non-Resident Dealer's License at no fee. A
20		manufacturer whose production of alcoholic liquor is less than
21		500,000 gallons per year may obtain a Non-Resident Dealer's
22		License for an annual fee of $75.
23		(Source: P.A. 82-783.)
24		(235 ILCS 5/1-3.33)
25		Sec. 1-3.33. "Brew Pub" means a person who manufactures
26		beer only at a designated premises to make sales to importing
27		distributors, distributors, beer and wine importing
28		distributors, beer and wine distributors, and to non-licensees
29		for use and consumption only, who stores beer at the designated
30		premises, and who is allowed to sell at retail from the
31		licensed premises, provided that a brew pub licensee shall not
32		sell for off-premises consumption more than 50,000 gallons per
33		year.
34		(Source: P.A. 90-432, eff. 1-1-98.)

1		(235 ILCS 5/1-3.38 new)
2		Sec. 1-3.38. Beer and wine distributor. "Beer and wine
3		distributor" means any person, other than a manufacturer,
4		distributor, or non-resident dealer licensed under this Act,
5		who is engaged in this State in purchasing, storing,
6		possessing, or warehousing any beer or wine for resale or
7		reselling at wholesale, whether within or without this State.
8		(235 ILCS 5/1-3.39 new)
9		Sec. 1-3.39. Beer and wine importing distributor. "Beer and
10		wine importing distributor" means any person other than a
11		non-resident dealer or importing distributor licensed under
12		this Act who imports into this State, from any point in the
13		United States outside this State, whether for himself or for
14		another, any beer or wine for sale or resale or who imports
15		into this State, from any point in the United States outside
16		this State, for consumption in any one calendar year, more than
17		one gallon of beer and wine.
18		(235 ILCS 5/3-12) (from Ch. 43, par. 108)
19		Sec. 3-12. Powers and duties of State Commission.
20		(a) The State commission shall have the following powers,
21		functions and duties:
22		(1) To receive applications and to issue licenses to
23		manufacturers, foreign importers, importing distributors,
24		beer and wine importing distributors, beer and wine
25		distributors, distributors, non-resident dealers, on
26		premise consumption retailers, off premise sale retailers,
27		special event retailer licensees, special use permit
28		licenses, auction liquor licenses, brew pubs, caterer
29		retailers, non-beverage users, railroads, including owners
30		and lessees of sleeping, dining and cafe cars, airplanes,
31		boats, brokers, and wine maker's premises licensees in
32		accordance with the provisions of this Act, and to suspend
33		or revoke such licenses upon the State commission's

1		determination, upon notice after hearing, that a licensee
2		has violated any provision of this Act or any rule or
3		regulation issued pursuant thereto and in effect for 30
4		days prior to such violation.
5		In lieu of suspending or revoking a license, the
6		commission may impose a fine, upon the State commission's
7		determination and notice after hearing, that a licensee has
8		violated any provision of this Act or any rule or
9		regulation issued pursuant thereto and in effect for 30
10		days prior to such violation. The fine imposed under this
11		paragraph may not exceed $500 for each violation. Each day
12		that the activity, which gave rise to the original fine,
13		continues is a separate violation. The maximum fine that
14		may be levied against any licensee, for the period of the
15		license, shall not exceed $20,000. The maximum penalty that
16		may be imposed on a licensee for selling a bottle of
17		alcoholic liquor with a foreign object in it or serving
18		from a bottle of alcoholic liquor with a foreign object in
19		it shall be the destruction of that bottle of alcoholic
20		liquor for the first 10 bottles so sold or served from by
21		the licensee. For the eleventh bottle of alcoholic liquor
22		and for each third bottle thereafter sold or served from by
23		the licensee with a foreign object in it, the maximum
24		penalty that may be imposed on the licensee is the
25		destruction of the bottle of alcoholic liquor and a fine of
26		up to $50.
27		(2) To adopt such rules and regulations consistent with
28		the provisions of this Act which shall be necessary to
29		carry on its functions and duties to the end that the
30		health, safety and welfare of the People of the State of
31		Illinois shall be protected and temperance in the
32		consumption of alcoholic liquors shall be fostered and
33		promoted and to distribute copies of such rules and
34		regulations to all licensees affected thereby.
35		(3) To call upon other administrative departments of
36		the State, county and municipal governments, county and

1		city police departments and upon prosecuting officers for
2		such information and assistance as it deems necessary in
3		the performance of its duties.
4		(4) To recommend to local commissioners rules and
5		regulations, not inconsistent with the law, for the
6		distribution and sale of alcoholic liquors throughout the
7		State.
8		(5) To inspect, or cause to be inspected, any premises
9		in this State where alcoholic liquors are manufactured,
10		distributed, warehoused, or sold.
11		(5.1) Upon receipt of a complaint or upon having
12		knowledge that any person is engaged in business as a
13		manufacturer, importing distributor, distributor, beer and
14		wine importing distributor, beer and wine distributor, or
15		retailer without a license or valid license, to notify the
16		local liquor authority, file a complaint with the State's
17		Attorney's Office of the county where the incident
18		occurred, or initiate an investigation with the
19		appropriate law enforcement officials.
20		(5.2) To issue a cease and desist notice to persons
21		shipping alcoholic liquor into this State from a point
22		outside of this State if the shipment is in violation of
23		this Act.
24		(5.3) To receive complaints from licensees, local
25		officials, law enforcement agencies, organizations, and
26		persons stating that any licensee has been or is violating
27		any provision of this Act or the rules and regulations
28		issued pursuant to this Act. Such complaints shall be in
29		writing, signed and sworn to by the person making the
30		complaint, and shall state with specificity the facts in
31		relation to the alleged violation. If the Commission has
32		reasonable grounds to believe that the complaint
33		substantially alleges a violation of this Act or rules and
34		regulations adopted pursuant to this Act, it shall conduct
35		an investigation. If, after conducting an investigation,
36		the Commission is satisfied that the alleged violation did

1		occur, it shall proceed with disciplinary action against
2		the licensee as provided in this Act.
3		(6) To hear and determine appeals from orders of a
4		local commission in accordance with the provisions of this
5		Act, as hereinafter set forth. Hearings under this
6		subsection shall be held in Springfield or Chicago, at
7		whichever location is the more convenient for the majority
8		of persons who are parties to the hearing.
9		(7) The commission shall establish uniform systems of
10		accounts to be kept by all retail licensees having more
11		than 4 employees, and for this purpose the commission may
12		classify all retail licensees having more than 4 employees
13		and establish a uniform system of accounts for each class
14		and prescribe the manner in which such accounts shall be
15		kept. The commission may also prescribe the forms of
16		accounts to be kept by all retail licensees having more
17		than 4 employees, including but not limited to accounts of
18		earnings and expenses and any distribution, payment, or
19		other distribution of earnings or assets, and any other
20		forms, records and memoranda which in the judgment of the
21		commission may be necessary or appropriate to carry out any
22		of the provisions of this Act, including but not limited to
23		such forms, records and memoranda as will readily and
24		accurately disclose at all times the beneficial ownership
25		of such retail licensed business. The accounts, forms,
26		records and memoranda shall be available at all reasonable
27		times for inspection by authorized representatives of the
28		State commission or by any local liquor control
29		commissioner or his or her authorized representative. The
30		commission, may, from time to time, alter, amend or repeal,
31		in whole or in part, any uniform system of accounts, or the
32		form and manner of keeping accounts.
33		(8) In the conduct of any hearing authorized to be held
34		by the commission, to appoint, at the commission's
35		discretion, hearing officers to conduct hearings involving
36		complex issues or issues that will require a protracted

1		period of time to resolve, to examine, or cause to be
2		examined, under oath, any licensee, and to examine or cause
3		to be examined the books and records of such licensee; to
4		hear testimony and take proof material for its information
5		in the discharge of its duties hereunder; to administer or
6		cause to be administered oaths; for any such purpose to
7		issue subpoena or subpoenas to require the attendance of
8		witnesses and the production of books, which shall be
9		effective in any part of this State, and to adopt rules to
10		implement its powers under this paragraph (8).
11		Any Circuit Court may by order duly entered, require
12		the attendance of witnesses and the production of relevant
13		books subpoenaed by the State commission and the court may
14		compel obedience to its order by proceedings for contempt.
15		(9) To investigate the administration of laws in
16		relation to alcoholic liquors in this and other states and
17		any foreign countries, and to recommend from time to time
18		to the Governor and through him or her to the legislature
19		of this State, such amendments to this Act, if any, as it
20		may think desirable and as will serve to further the
21		general broad purposes contained in Section 1-2 hereof.
22		(10) To adopt such rules and regulations consistent
23		with the provisions of this Act which shall be necessary
24		for the control, sale or disposition of alcoholic liquor
25		damaged as a result of an accident, wreck, flood, fire or
26		other similar occurrence.
27		(11) To develop industry educational programs related
28		to responsible serving and selling, particularly in the
29		areas of overserving consumers and illegal underage
30		purchasing and consumption of alcoholic beverages.
31		(11.1) To license persons providing education and
32		training to alcohol beverage sellers and servers under the
33		Beverage Alcohol Sellers and Servers Education and
34		Training (BASSET) programs and to develop and administer a
35		public awareness program in Illinois to reduce or eliminate
36		the illegal purchase and consumption of alcoholic beverage

1		products by persons under the age of 21. Application for a
2		license shall be made on forms provided by the State
3		Commission.
4		(12) To develop and maintain a repository of license
5		and regulatory information.
6		(13) On or before January 15, 1994, the Commission
7		shall issue a written report to the Governor and General
8		Assembly that is to be based on a comprehensive study of
9		the impact on and implications for the State of Illinois of
10		Section 1926 of the Federal ADAMHA Reorganization Act of
11		1992 (Public Law 102-321). This study shall address the
12		extent to which Illinois currently complies with the
13		provisions of P.L. 102-321 and the rules promulgated
14		pursuant thereto.
15		As part of its report, the Commission shall provide the
16		following essential information:
17		(i) the number of retail distributors of tobacco
18		products, by type and geographic area, in the State;
19		(ii) the number of reported citations and
20		successful convictions, categorized by type and
21		location of retail distributor, for violation of the
22		Sale of Tobacco to Minors Act and the Smokeless Tobacco
23		Limitation Act;
24		(iii) the extent and nature of organized
25		educational and governmental activities that are
26		intended to promote, encourage or otherwise secure
27		compliance with any Illinois laws that prohibit the
28		sale or distribution of tobacco products to minors; and
29		(iv) the level of access and availability of
30		tobacco products to individuals under the age of 18.
31		To obtain the data necessary to comply with the provisions
32		of P.L. 102-321 and the requirements of this report, the
33		Commission shall conduct random, unannounced inspections of a
34		geographically and scientifically representative sample of the
35		State's retail tobacco distributors.
36		The Commission shall consult with the Department of Public

1		Health, the Department of Human Services, the Illinois State
2		Police and any other executive branch agency, and private
3		organizations that may have information relevant to this
4		report.
5		The Commission may contract with the Food and Drug
6		Administration of the U.S. Department of Health and Human
7		Services to conduct unannounced investigations of Illinois
8		tobacco vendors to determine compliance with federal laws
9		relating to the illegal sale of cigarettes and smokeless
10		tobacco products to persons under the age of 18.
11		(b) On or before April 30, 1999, the Commission shall
12		present a written report to the Governor and the General
13		Assembly that shall be based on a study of the impact of this
14		amendatory Act of 1998 on the business of soliciting, selling,
15		and shipping alcoholic liquor from outside of this State
16		directly to residents of this State.
17		As part of its report, the Commission shall provide the
18		following information:
19		(i) the amount of State excise and sales tax revenues
20		generated as a result of this amendatory Act of 1998;
21		(ii) the amount of licensing fees received as a result
22		of this amendatory Act of 1998;
23		(iii) the number of reported violations, the number of
24		cease and desist notices issued by the Commission, the
25		number of notices of violations issued to the Department of
26		Revenue, and the number of notices and complaints of
27		violations to law enforcement officials.
28		(Source: P.A. 91-553, eff. 8-14-99; 91-922, eff. 7-7-00;
29		92-378, eff. 8-16-01; 92-813, eff. 8-21-02.)
30		(235 ILCS 5/3-14) (from Ch. 43, par. 109)
31		Sec. 3-14. Issuance of license by Commission. Nothing
32		contained in this Act shall, however, be construed to permit
33		the State Commission to issue any license, other than
34		manufacturer's, foreign importer's, importing distributor's,
35		beer and wine importing distributor's, non-resident dealer's,

1		and distributor's, beer and wine distributor's, broker's and
2		non-beverage user's license for any premises in any prohibited
3		territory, or to issue any license other than manufacturer's,
4		foreign importer's, importing distributor's, beer and wine
5		importing distributor's, non-resident dealer's, distributor's,
6		beer and wine distributor's, railroad's, airplane's, boat's,
7		or broker's license, auction liquor license, or non-beverage
8		user's license, unless the person applying for such license
9		shall have obtained a local license for the same premises. When
10		such person has obtained a local license and has made
11		application to the State Commission in conformity with this Act
12		and paid the license fee provided, it shall be the duty of the
13		State Commission to issue a retailer's license to him;
14		provided, however, that the State Commission may refuse the
15		issuance or renewal of a retailer's license, upon notice and
16		after hearing, upon the grounds authorized in Section 6-3 of
17		this Act, and, provided further, that the issuance of such
18		license shall not prejudice the State Commission's action in
19		subsequently suspending or revoking such license if it is
20		determined by the State Commission, upon notice and after
21		hearing, that the licensee has, within the same or the
22		preceding license period, violated any provision of this Act or
23		any rule or regulation issued pursuant thereto and in effect
24		for 30 days prior to such violation. The Commission may also
25		refuse to renew a license if the licensee has failed to pay an
26		offer in compromise, pre-disciplinary settlement, or a fine
27		imposed by order.
28		(Source: P.A. 89-250, eff. 1-1-96.)
29		(235 ILCS 5/4-4) (from Ch. 43, par. 112)
30		Sec. 4-4. Each local liquor control commissioner shall also
31		have the following powers, functions and duties with respect to
32		licenses, other than licenses to manufacturers, importing
33		distributors, beer and wine importing distributors,
34		distributors, beer and wine distributors, foreign importers,
35		non-resident dealers, non-beverage users, brokers, railroads,

1		airplanes and boats.
2		1. To grant and or suspend for not more than thirty
3		days or revoke for cause all local licenses issued to
4		persons for premises within his jurisdiction;
5		2. To enter or to authorize any law enforcing officer
6		to enter at any time upon any premises licensed hereunder
7		to determine whether any of the provisions of this Act or
8		any rules or regulations adopted by him or by the State
9		Commission have been or are being violated, and at such
10		time to examine said premises of said licensee in
11		connection therewith;
12		3. To notify the Secretary of State where a club
13		incorporated under the General Not for Profit Corporation
14		Act of 1986 or a foreign corporation functioning as a club
15		in this State under a certificate of authority issued under
16		that Act has violated this Act by selling or offering for
17		sale at retail alcoholic liquors without a retailer's
18		license;
19		4. To receive complaint from any citizen within his
20		jurisdiction that any of the provisions of this Act, or any
21		rules or regulations adopted pursuant hereto, have been or
22		are being violated and to act upon such complaints in the
23		manner hereinafter provided;
24		5. To receive local license fees and pay the same
25		forthwith to the city, village, town or county treasurer as
26		the case may be.
27		Each local liquor commissioner also has the duty to notify
28		the Secretary of State of any convictions for a violation of
29		Section 6-20 of this Act or a similar provision of a local
30		ordinance.
31		In counties and municipalities, the local liquor control
32		commissioners shall also have the power to levy fines in
33		accordance with Section 7-5 of this Act.
34		(Source: P.A. 91-357, eff. 7-29-99; 92-804, eff. 1-1-03.)
35		(235 ILCS 5/5-1) (from Ch. 43, par. 115)

1		Sec. 5-1. Licenses issued by the Illinois Liquor Control
2		Commission shall be of the following classes:
3		(a) Manufacturer's license - Class 1. Distiller, Class 2.
4		Rectifier, Class 3. Brewer, Class 4. First Class Wine
5		Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
6		First Class Winemaker, Class 7. Second Class Winemaker, Class
7		8. Limited Wine Manufacturer,
8		(b) Distributor's license,
9		(b-1) Beer and Wine Distributor's license,
10		(c) Importing Distributor's license,
11		(c-1) Beer and Wine Importing Distributor's license,
12		(d) Retailer's license,
13		(e) Special Event Retailer's license (not-for-profit),
14		(f) Railroad license,
15		(g) Boat license,
16		(h) Non-Beverage User's license,
17		(i) Wine-maker's premises license,
18		(j) Airplane license,
19		(k) Foreign importer's license,
20		(l) Broker's license,
21		(m) Non-resident dealer's license,
22		(n) Brew Pub license,
23		(o) Auction liquor license,
24		(p) Caterer retailer license,
25		(q) Special use permit license.
26		No person, firm, partnership, corporation, or other legal
27		business entity that is engaged in the manufacturing of wine
28		may concurrently obtain and hold a wine-maker's license and a
29		wine manufacturer's license.
30		(a) A manufacturer's license shall allow the manufacture,
31		importation in bulk, storage, distribution and sale of
32		alcoholic liquor to persons without the State, as may be
33		permitted by law and to licensees in this State as follows:
34		Class 1. A Distiller may make sales and deliveries of
35		alcoholic liquor to distillers, rectifiers, importing
36		distributors, distributors and non-beverage users and may make

1		sales and deliveries of wine and beer to beer and wine
2		importing distributors and beer and wine distributors and to no
3		other licensees.
4		Class 2. A Rectifier, who is not a distiller, as defined
5		herein, may make sales and deliveries of alcoholic liquor to
6		rectifiers, importing distributors, distributors, retailers
7		and non-beverage users and may make sales and deliveries of
8		wine and beer to beer and wine importing distributors and beer
9		and wine distributors and to no other licensees.
10		Class 3. A Brewer may make sales and deliveries of beer to
11		importing distributors, beer and wine importing distributors,
12		distributors, beer and wine distributors, and to
13		non-licensees, and to retailers provided the brewer obtains an
14		importing distributor's license, beer and wine importing
15		distributor's license, or distributor's license, or beer and
16		wine distributor's license in accordance with the provisions of
17		this Act.
18		Class 4. A first class wine-manufacturer may make sales and
19		deliveries of up to 50,000 gallons of wine to manufacturers,
20		importing distributors, beer and wine importing distributors,
21		and distributors, and beer and wine distributors and to no
22		other licensees.
23		Class 5. A second class Wine manufacturer may make sales
24		and deliveries of more than 50,000 gallons of wine to
25		manufacturers, importing distributors, beer and wine importing
26		distributors, and distributors, and beer and wine distributors
27		and to no other licensees.
28		Class 6. A first-class wine-maker's license shall allow the
29		manufacture of up to 50,000 gallons of wine per year, and the
30		storage and sale of such wine to distributors and beer and wine
31		distributors in the State and to persons without the State, as
32		may be permitted by law. A first-class wine-maker's license
33		shall allow the sale of no more than 5,000 gallons of the
34		licensee's wine to retailers. The State Commission shall issue
35		only one first-class wine-maker's license to any person, firm,
36		partnership, corporation, or other legal business entity that

1		is engaged in the making of less than 50,000 gallons of wine
2		annually that applies for a first-class wine-maker's license.
3		No subsidiary or affiliate thereof, nor any officer, associate,
4		member, partner, representative, employee, agent, or
5		shareholder may be issued an additional wine-maker's license by
6		the State Commission.
7		Class 7. A second-class wine-maker's license shall allow
8		the manufacture of between 50,000 and 100,000 gallons of wine
9		per year, and the storage and sale of such wine to distributors
10		and beer and wine distributors in this State and to persons
11		without the State, as may be permitted by law. A second-class
12		wine-maker's license shall allow the sale of no more than
13		10,000 gallons of the licensee's wine directly to retailers.
14		The State Commission shall issue only one second-class
15		wine-maker's license to any person, firm, partnership,
16		corporation, or other legal business entity that is engaged in
17		the making of less than 100,000 gallons of wine annually that
18		applies for a second-class wine-maker's license. No subsidiary
19		or affiliate thereof, or any officer, associate, member,
20		partner, representative, employee, agent, or shareholder may
21		be issued an additional wine-maker's license by the State
22		Commission.
23		Class 8. A limited wine-manufacturer may make sales and
24		deliveries not to exceed 40,000 gallons of wine per year to
25		distributors, beer and wine distributors, and to non-licensees
26		in accordance with the provisions of this Act.
27		(a-1) A manufacturer which is licensed in this State to
28		make sales or deliveries of alcoholic liquor and which enlists
29		agents, representatives, or individuals acting on its behalf
30		who contact licensed retailers on a regular and continual basis
31		in this State must register those agents, representatives, or
32		persons acting on its behalf with the State Commission.
33		Registration of agents, representatives, or persons acting
34		on behalf of a manufacturer is fulfilled by submitting a form
35		to the Commission. The form shall be developed by the
36		Commission and shall include the name and address of the

1		applicant, the name and address of the manufacturer he or she
2		represents, the territory or areas assigned to sell to or
3		discuss pricing terms of alcoholic liquor, and any other
4		questions deemed appropriate and necessary. All statements in
5		the forms required to be made by law or by rule shall be deemed
6		material, and any person who knowingly misstates any material
7		fact under oath in an application is guilty of a Class B
8		misdemeanor. Fraud, misrepresentation, false statements,
9		misleading statements, evasions, or suppression of material
10		facts in the securing of a registration are grounds for
11		suspension or revocation of the registration.
12		(b) A distributor's license shall allow the wholesale
13		purchase and storage of alcoholic liquors and sale of alcoholic
14		liquors to licensees in this State and to persons without the
15		State, as may be permitted by law.
16		(b-1) A beer and wine distributor's license shall allow the
17		wholesale purchase and storage of beer and wine and sale of
18		beer and wine to licensees in this State and to persons without
19		the State, as may be permitted by law.
20		(c) An importing distributor's license may be issued to and
21		held by those only who are duly licensed distributors, upon the
22		filing of an application by a duly licensed distributor, with
23		the Commission and the Commission shall, without the payment of
24		any fee, immediately issue such importing distributor's
25		license to the applicant, which shall allow the importation of
26		alcoholic liquor by the importing distributor's licensee into
27		this State from any point in the United States outside this
28		State, and the purchase of alcoholic liquor in barrels, casks
29		or other bulk containers and the bottling of such alcoholic
30		liquors before resale thereof, but all bottles or containers so
31		filled shall be sealed, labeled, stamped and otherwise made to
32		comply with all provisions, rules and regulations governing
33		manufacturers in the preparation and bottling of alcoholic
34		liquors. The importing distributor's license shall permit such
35		licensee to purchase alcoholic liquor from Illinois licensed
36		non-resident dealers and foreign importers only.

1		(c-1) A beer and wine importing distributor's license may
2		be issued to and held by only those who are duly licensed beer
3		and wine distributors, upon the filing of an application by a
4		duly licensed beer and wine distributor, with the Commission;
5		and the Commission shall, without the payment of any fee,
6		immediately issue a beer and wine importing distributor's
7		license to the applicant, which shall allow the importation of
8		beer and wine by the beer and wine distributor's licensee into
9		this State from any point in the United States outside this
10		State, and the purchase of beer and wine in barrels, casks, or
11		other bulk containers and the bottling of beer and wine before
12		its resale, but all bottles or containers so filled shall be
13		sealed, labeled, stamped, and otherwise made to comply with all
14		provisions, rules, and regulations governing manufacturers in
15		the preparation and bottling of beer and wine. The beer and
16		wine importing distributor's license shall permit the licensee
17		to purchase beer and wine from Illinois licensed non-resident
18		dealers and foreign importers only.
19		(d) A retailer's license shall allow the licensee to sell
20		and offer for sale at retail, only in the premises specified in
21		such license, alcoholic liquor for use or consumption, but not
22		for resale in any form: Provided that any retail license issued
23		to a manufacturer shall only permit such manufacturer to sell
24		beer at retail on the premises actually occupied by such
25		manufacturer.
26		After January 1, 1995 there shall be 2 classes of licenses
27		issued under a retailers license.
28		(1) A "retailers on premise consumption license" shall
29		allow the licensee to sell and offer for sale at retail,
30		only on the premises specified in the license, alcoholic
31		liquor for use or consumption on the premises or on and off
32		the premises, but not for resale in any form.
33		(2) An "off premise sale license" shall allow the
34		licensee to sell, or offer for sale at retail, alcoholic
35		liquor intended only for off premise consumption and not
36		for resale in any form.

1		Notwithstanding any other provision of this subsection
2		(d), a retail licensee may sell alcoholic liquors to a special
3		event retailer licensee for resale to the extent permitted
4		under subsection (e).
5		(e) A special event retailer's license (not-for-profit)
6		shall permit the licensee to purchase alcoholic liquors from an
7		Illinois licensed distributor or beer and wine distributor
8		(unless the licensee purchases less than $500 of alcoholic
9		liquors for the special event, in which case the licensee may
10		purchase the alcoholic liquors from a licensed retailer) and
11		shall allow the licensee to sell and offer for sale, at retail,
12		alcoholic liquors for use or consumption, but not for resale in
13		any form and only at the location and on the specific dates
14		designated for the special event in the license. An applicant
15		for a special event retailer license must (i) furnish with the
16		application: (A) a resale number issued under Section 2c of the
17		Retailers' Occupation Tax Act or evidence that the applicant is
18		registered under Section 2a of the Retailers' Occupation Tax
19		Act, (B) a current, valid exemption identification number
20		issued under Section 1g of the Retailers' Occupation Tax Act,
21		and a certification to the Commission that the purchase of
22		alcoholic liquors will be a tax-exempt purchase, or (C) a
23		statement that the applicant is not registered under Section 2a
24		of the Retailers' Occupation Tax Act, does not hold a resale
25		number under Section 2c of the Retailers' Occupation Tax Act,
26		and does not hold an exemption number under Section 1g of the
27		Retailers' Occupation Tax Act, in which event the Commission
28		shall set forth on the special event retailer's license a
29		statement to that effect; (ii) submit with the application
30		proof satisfactory to the State Commission that the applicant
31		will provide dram shop liability insurance in the maximum
32		limits; and (iii) show proof satisfactory to the State
33		Commission that the applicant has obtained local authority
34		approval.
35		(f) A railroad license shall permit the licensee to import
36		alcoholic liquors into this State from any point in the United

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

1		possession and use of limited and stated quantities of
2		alcoholic liquor as follows:
8		(i) A wine-maker's premises license shall allow a licensee
9		that concurrently holds a first-class wine-maker's license to
10		sell and offer for sale at retail in the premises specified in
11		such license not more than 50,000 gallons of the first-class
12		wine-maker's wine that is made at the first-class wine-maker's
13		licensed premises per year for use or consumption, but not for
14		resale in any form. A wine-maker's premises license shall allow
15		a licensee who concurrently holds a second-class wine-maker's
16		license to sell and offer for sale at retail in the premises
17		specified in such license up to 100,000 gallons of the
18		second-class wine-maker's wine that is made at the second-class
19		wine-maker's licensed premises per year for use or consumption
20		but not for resale in any form. Upon approval from the State
21		Commission, a wine-maker's premises license shall allow the
22		licensee to sell and offer for sale at (i) the wine-maker's
23		licensed premises and (ii) at up to 2 additional locations for
24		use and consumption and not for resale. Each location shall
25		require additional licensing per location as specified in
26		Section 5-3 of this Act.
27		(j) An airplane license shall permit the licensee to import
28		alcoholic liquors into this State from any point in the United
29		States outside this State and to store such alcoholic liquors
30		in this State; to make wholesale purchases of alcoholic liquors
31		directly from manufacturers, foreign importers, distributors
32		and importing distributors from within or outside this State;
33		to make wholesale purchases of beer and wine directly from beer
34		and wine distributors and beer and wine importing distributors
35		and to store such alcoholic liquors in this State; provided
36		that the above powers may be exercised only in connection with

1		the importation, purchase or storage of alcoholic liquors to be
2		sold or dispensed on an airplane; and provided further, that
3		airplane licensees exercising the above powers shall be subject
4		to all provisions of Article VIII of this Act as applied to
5		importing distributors and beer and wine importing
6		distributors. An airplane licensee shall also permit the sale
7		or dispensing of alcoholic liquors on any passenger airplane
8		regularly operated by a common carrier in this State, but shall
9		not permit the sale for resale of any alcoholic liquors to any
10		licensee within this State. A single airplane license shall be
11		required of an airline company if liquor service is provided on
12		board aircraft in this State. The annual fee for such license
13		shall be as determined in Section 5-3.
14		(k) A foreign importer's license shall permit such licensee
15		to purchase alcoholic liquor from Illinois licensed
16		non-resident dealers only, and to import alcoholic liquor other
17		than in bulk from any point outside the United States and to
18		sell such alcoholic liquor to Illinois licensed importing
19		distributors and beer and wine importing distributors and to no
20		one else in Illinois; provided that the foreign importer
21		registers with the State Commission every brand of alcoholic
22		liquor that it proposes to sell to Illinois licensees during
23		the license period and provided further that the foreign
24		importer complies with all of the provisions of Section 6-9 of
25		this Act with respect to registration of such Illinois
26		licensees as may be granted the right to sell such brands at
27		wholesale.
28		(l) (i) A broker's license shall be required of all persons
29		who solicit orders for, offer to sell or offer to supply
30		alcoholic liquor to retailers in the State of Illinois, or who
31		offer to retailers to ship or cause to be shipped or to make
32		contact with distillers, rectifiers, brewers or manufacturers
33		or any other party within or without the State of Illinois in
34		order that alcoholic liquors be shipped to a distributor,
35		importing distributor, beer and wine importing distributor,
36		beer and wine distributor, or foreign importer, whether such

1		solicitation or offer is consummated within or without the
2		State of Illinois.
3		No holder of a retailer's license issued by the Illinois
4		Liquor Control Commission shall purchase or receive any
5		alcoholic liquor, the order for which was solicited or offered
6		for sale to such retailer by a broker unless the broker is the
7		holder of a valid broker's license.
8		The broker shall, upon the acceptance by a retailer of the
9		broker's solicitation of an order or offer to sell or supply or
10		deliver or have delivered alcoholic liquors, promptly forward
11		to the Illinois Liquor Control Commission a notification of
12		said transaction in such form as the Commission may by
13		regulations prescribe.
14		(ii) A broker's license shall be required of a person
15		within this State, other than a retail licensee, who, for a fee
16		or commission, promotes, solicits, or accepts orders for
17		alcoholic liquor, for use or consumption and not for resale, to
18		be shipped from this State and delivered to residents outside
19		of this State by an express company, common carrier, or
20		contract carrier. This Section does not apply to any person who
21		promotes, solicits, or accepts orders for wine as specifically
22		authorized in Section 6-29 of this Act.
23		A broker's license under this subsection (1) shall not
24		entitle the holder to buy or sell any alcoholic liquors for his
25		own account or to take or deliver title to such alcoholic
26		liquors.
27		This subsection (1) shall not apply to distributors, beer
28		and wine importing distributors, employees of distributors or
29		beer and wine importing distributors, or employees of a
30		manufacturer who has registered the trademark, brand or name of
31		the alcoholic liquor pursuant to Section 6-9 of this Act, and
32		who regularly sells such alcoholic liquor in the State of
33		Illinois only to its registrants thereunder.
34		Any agent, representative, or person subject to
35		registration pursuant to subsection (a-1) of this Section shall
36		not be eligible to receive a broker's license.

1		(m) A non-resident dealer's license shall permit such
2		licensee to ship into and warehouse alcoholic liquor into this
3		State from any point outside of this State, and to sell such
4		alcoholic liquor to Illinois licensed foreign importers, and
5		importing distributors, beer and wine importing distributors
6		and to no one else in this State; provided that said
7		non-resident dealer shall register with the Illinois Liquor
8		Control Commission each and every brand of alcoholic liquor
9		which it proposes to sell to Illinois licensees during the
10		license period; and further provided that it shall comply with
11		all of the provisions of Section 6-9 hereof with respect to
12		registration of such Illinois licensees as may be granted the
13		right to sell such brands at wholesale.
14		(n) A brew pub license shall allow the licensee to
15		manufacture beer only on the premises specified in the license,
16		to make sales of the beer manufactured on the premises to
17		importing distributors, beer and wine importing distributors,
18		distributors, beer and wine distributors, and to non-licensees
19		for use and consumption, to store the beer upon the premises,
20		and to sell and offer for sale at retail from the licensed
21		premises, provided that a brew pub licensee shall not sell for
22		off-premises consumption more than 50,000 gallons per year.
23		(o) A caterer retailer license shall allow the holder to
24		serve alcoholic liquors as an incidental part of a food service
25		that serves prepared meals which excludes the serving of snacks
26		as the primary meal, either on or off-site whether licensed or
27		unlicensed.
28		(p) An auction liquor license shall allow the licensee to
29		sell and offer for sale at auction wine and spirits for use or
30		consumption, or for resale by an Illinois liquor licensee in
31		accordance with provisions of this Act. An auction liquor
32		license will be issued to a person and it will permit the
33		auction liquor licensee to hold the auction anywhere in the
34		State. An auction liquor license must be obtained for each
35		auction at least 14 days in advance of the auction date.
36		(q) A special use permit license shall allow an Illinois

1		licensed retailer to transfer a portion of its alcoholic liquor
2		inventory from its retail licensed premises to the premises
3		specified in the license hereby created, and to sell or offer
4		for sale at retail, only in the premises specified in the
5		license hereby created, the transferred alcoholic liquor for
6		use or consumption, but not for resale in any form. A special
7		use permit license may be granted for the following time
8		periods: one day or less; 2 or more days to a maximum of 15 days
9		per location in any 12 month period. An applicant for the
10		special use permit license must also submit with the
11		application proof satisfactory to the State Commission that the
12		applicant will provide dram shop liability insurance to the
13		maximum limits and have local authority approval.
14		(Source: P.A. 91-357, eff. 7-29-99; 92-105, eff. 1-1-02;
15		92-378, eff. 8-16-01; 92-651, eff. 7-11-02; 92-672, eff.
16		7-16-02.)
17		(235 ILCS 5/5-3) (from Ch. 43, par. 118)
18		Sec. 5-3. License fees. Except as otherwise provided
19		herein, at the time application is made to the State Commission
20		for a license of any class, the applicant shall pay to the
21		State Commission the fee hereinafter provided for the kind of
22		license applied for.
23		The fee for licenses issued by the State Commission shall
24		be as follows:
25		For a manufacturer's license:

4		Fees collected under this Section shall be paid into the
5		Dram Shop Fund. On and after July 1, 2003, of the funds
6		received for a retailer's license, in addition to the first
7		$175, an additional $75 shall be paid into the Dram Shop Fund,
8		and $250 shall be paid into the General Revenue Fund. Beginning
9		June 30, 1990 and on June 30 of each subsequent year through
10		June 29, 2003, any balance over $5,000,000 remaining in the
11		Dram Shop Fund shall be credited to State liquor licensees and
12		applied against their fees for State liquor licenses for the
13		following year. The amount credited to each licensee shall be a
14		proportion of the balance in the Dram Fund that is the same as
15		the proportion of the license fee paid by the licensee under
16		this Section for the period in which the balance was
17		accumulated to the aggregate fees paid by all licensees during
18		that period.
19		No fee shall be paid for licenses issued by the State
20		Commission to the following non-beverage users:
21		(a) Hospitals, sanitariums, or clinics when their use
22		of alcoholic liquor is exclusively medicinal, mechanical
23		or scientific.
24		(b) Universities, colleges of learning or schools when
25		their use of alcoholic liquor is exclusively medicinal,
26		mechanical or scientific.
27		(c) Laboratories when their use is exclusively for the
28		purpose of scientific research.
29		(Source: P.A. 92-378, eff. 8-16-01; 93-22, eff. 6-20-03.)
30		(235 ILCS 5/6-4) (from Ch. 43, par. 121)
31		Sec. 6-4. (a) No person licensed by any licensing authority
32		as a distiller, or a wine manufacturer, or any subsidiary or
33		affiliate thereof, or any officer, associate, member, partner,
34		representative, employee, agent or shareholder owning more
35		than 5% of the outstanding shares of such person shall be

1		issued an importing distributor's, beer and wine importing
2		distributor's, or distributor's, or beer and wine
3		distributor's license, nor shall any person licensed by any
4		licensing authority as an importing distributor, beer and wine
5		importing distributor, distributor, beer and wine distributor,
6		or retailer, or any subsidiary or affiliate thereof, or any
7		officer or associate, member, partner, representative,
8		employee, agent or shareholder owning more than 5% of the
9		outstanding shares of such person be issued a distiller's
10		license or a wine manufacturer's license; and no person or
11		persons licensed as a distiller by any licensing authority
12		shall have any interest, directly or indirectly, with such
13		distributor, beer and wine importing distributor, or importing
14		distributor, or beer and wine distributor.
15		However, an importing distributor or distributor, which on
16		January 1, 1985 is owned by a brewer, or any subsidiary or
17		affiliate thereof or any officer, associate, member, partner,
18		representative, employee, agent or shareholder owning more
19		than 5% of the outstanding shares of the importing distributor
20		or distributor referred to in this paragraph, may own or
21		acquire an ownership interest of more than 5% of the
22		outstanding shares of a wine manufacturer and be issued a wine
23		manufacturer's license by any licensing authority.
24		(b) The foregoing provisions shall not apply to any person
25		licensed by any licensing authority as a distiller or wine
26		manufacturer, or to any subsidiary or affiliate of any
27		distiller or wine manufacturer who shall have been heretofore
28		licensed by the State Commission as either an importing
29		distributor or distributor during the annual licensing period
30		expiring June 30, 1947, and shall actually have made sales
31		regularly to retailers.
32		(c) Provided, however, that in such instances where a
33		distributor's or importing distributor's license has been
34		issued to any distiller or wine manufacturer or to any
35		subsidiary or affiliate of any distiller or wine manufacturer
36		who has, during the licensing period ending June 30, 1947, sold

1		or distributed as such licensed distributor or importing
2		distributor alcoholic liquors and wines to retailers, such
3		distiller or wine manufacturer or any subsidiary or affiliate
4		of any distiller or wine manufacturer holding such
5		distributor's or importing distributor's license may continue
6		to sell or distribute to retailers such alcoholic liquors and
7		wines which are manufactured, distilled, processed or marketed
8		by distillers and wine manufacturers whose products it sold or
9		distributed to retailers during the whole or any part of its
10		licensing periods; and such additional brands and additional
11		products may be added to the line of such distributor or
12		importing distributor, provided, that such brands and such
13		products were not sold or distributed by any distributor or
14		importing distributor licensed by the State Commission during
15		the licensing period ending June 30, 1947, but can not sell or
16		distribute to retailers any other alcoholic liquors or wines.
17		(d) It shall be unlawful for any distiller licensed
18		anywhere to have any stock ownership or interest in any
19		distributor's or importing distributor's license wherein any
20		other person has an interest therein who is not a distiller and
21		does not own more than 5% of any stock in any distillery.
22		Nothing herein contained shall apply to such distillers or
23		their subsidiaries or affiliates, who had a distributor's or
24		importing distributor's license during the licensing period
25		ending June 30, 1947, which license was owned in whole by such
26		distiller, or subsidiaries or affiliates of such distiller.
27		(e) Any person having been licensed as a manufacturer shall
28		be permitted to receive one retailer's license for the premises
29		in which he actually conducts such business, permitting the
30		sale of beer only on such premises, but no such person shall be
31		entitled to more than one retailer's license in any event, and,
32		other than a manufacturer of beer as stated above, no
33		manufacturer or distributor, beer and wine distributor, or
34		importing distributor, or beer and wine importing distributor,
35		excluding airplane licensees exercising powers provided in
36		paragraph (i) of Section 5-1 of this Act, or any subsidiary or

1		affiliate thereof, or any officer, associate, member, partner,
2		representative, employee or agent, or shareholder shall be
3		issued a retailer's license, nor shall any person having a
4		retailer's license, excluding airplane licensees exercising
5		powers provided in paragraph (i) of Section 5-1 of this Act, or
6		any subsidiary or affiliate thereof, or any officer, associate,
7		member, partner, representative or agent, or shareholder be
8		issued a manufacturer's license, importing distributor's
9		license, or beer and wine importing distributor's license.
10		(f) However, the foregoing prohibitions against any person
11		licensed as a distiller or wine manufacturer being issued a
12		retailer's license shall not apply:
13		(i) to any hotel, motel or restaurant whose principal
14		business is not the sale of alcoholic liquors if said
15		retailer's sales of any alcoholic liquors manufactured,
16		sold, distributed or controlled, directly or indirectly,
17		by any affiliate, subsidiary, officer, associate, member,
18		partner, representative, employee, agent or shareholder
19		owning more than 5% of the outstanding shares of such
20		person does not exceed 10% of the total alcoholic liquor
21		sales of said retail licensee; and
22		(ii) where the Commission determines, having
23		considered the public welfare, the economic impact upon the
24		State and the entirety of the facts and circumstances
25		involved, that the purpose and intent of this Section would
26		not be violated by granting an exemption.
27		(g) Notwithstanding any of the foregoing prohibitions, a
28		limited wine manufacturer may sell at retail at its
29		manufacturing site for on or off premises consumption and may
30		sell to distributors and beer and wine distributors.
31		(Source: P.A. 86-858.)
32		(235 ILCS 5/6-5) (from Ch. 43, par. 122)
33		Sec. 6-5. Except as otherwise provided in this Section, it
34		is unlawful for any person having a retailer's license or any
35		officer, associate, member, representative or agent of such

1		licensee to accept, receive or borrow money, or anything else
2		of value, or accept or receive credit (other than merchandising
3		credit in the ordinary course of business for a period not to
4		exceed 30 days) directly or indirectly from any manufacturer,
5		importing distributor, beer and wine importing distributor, or
6		distributor, or beer and wine distributor of alcoholic liquor,
7		or from any person connected with or in any way representing,
8		or from any member of the family of, such manufacturer,
9		importing distributor, beer and wine importing distributor,
10		distributor, beer and wine distributor, or wholesaler, or from
11		any stockholders in any corporation engaged in manufacturing,
12		distributing or wholesaling of such liquor, or from any
13		officer, manager, agent or representative of said
14		manufacturer. Except as provided below, it is unlawful for any
15		manufacturer, or distributor, beer and wine distributor, or
16		importing distributor, or beer and wine importing distributor
17		to give or lend money or anything of value, or otherwise loan
18		or extend credit (except such merchandising credit) directly or
19		indirectly to any retail licensee or to the manager,
20		representative, agent, officer or director of such licensee. A
21		manufacturer, distributor, beer and wine distributor, or
22		importing distributor, or beer and wine importing distributor
23		may furnish free advertising, posters, signs, brochures,
24		hand-outs, or other promotional devices or materials to any
25		unit of government owning or operating any auditorium,
26		exhibition hall, recreation facility or other similar facility
27		holding a retailer's license, provided that the primary purpose
28		of such promotional devices or materials is to promote public
29		events being held at such facility. A unit of government owning
30		or operating such a facility holding a retailer's license may
31		accept such promotional devices or materials designed
32		primarily to promote public events held at the facility. No
33		retail licensee delinquent beyond the 30 day period specified
34		in this Section shall solicit, accept or receive credit,
35		purchase or acquire alcoholic liquors, directly or indirectly
36		from any other licensee, and no manufacturer, distributor, beer

1		and wine distributor, or importing distributor, or beer and
2		wine importing distributor shall knowingly grant or extend
3		credit, sell, furnish or supply alcoholic liquors to any such
4		delinquent retail licensee; provided that the purchase price of
5		all beer sold to a retail licensee shall be paid by the retail
6		licensee in cash on or before delivery of the beer, and unless
7		the purchase price payable by a retail licensee for beer sold
8		to him in returnable bottles shall expressly include a charge
9		for the bottles and cases, the retail licensee shall, on or
10		before delivery of such beer, pay the seller in cash a deposit
11		in an amount not less than the deposit required to be paid by
12		the distributor or beer and wine distributor to the brewer; but
13		where the brewer sells direct to the retailer, the deposit
14		shall be an amount no less than that required by the brewer
15		from his own distributors or beer and wine distributors; and
16		provided further, that in no instance shall this deposit be
17		less than 50 cents for each case of beer in pint or smaller
18		bottles and 60 cents for each case of beer in quart or
19		half-gallon bottles; and provided further, that the purchase
20		price of all beer sold to an importing distributor, beer and
21		wine importing distributor, or distributor, or beer and wine
22		distributor shall be paid by such importing distributor, beer
23		and wine importing distributor, or distributor, or beer and
24		wine distributor in cash on or before the 15th day (Sundays and
25		holidays excepted) after delivery of such beer to such
26		purchaser; and unless the purchase price payable by such
27		importing distributor, beer and wine importing distributor, or
28		distributor, or beer and wine distributor for beer sold in
29		returnable bottles and cases shall expressly include a charge
30		for the bottles and cases, such importing distributor, beer and
31		wine importing distributor, or distributor, or beer and wine
32		distributor shall, on or before the 15th day (Sundays and
33		holidays excepted) after delivery of such beer to such
34		purchaser, pay the seller in cash a required amount as a
35		deposit to assure the return of such bottles and cases. Nothing
36		herein contained shall prohibit any licensee from crediting or

1		refunding to a purchaser the actual amount of money paid for
2		bottles, cases, kegs or barrels returned by the purchaser to
3		the seller or paid by the purchaser as a deposit on bottles,
4		cases, kegs or barrels, when such containers or packages are
5		returned to the seller. Nothing herein contained shall prohibit
6		any manufacturer, importing distributor, beer and wine
7		importing distributor, or distributor, or beer and wine
8		distributor from extending usual and customary credit for
9		alcoholic liquor sold to customers or purchasers who live in or
10		maintain places of business outside of this State when such
11		alcoholic liquor is actually transported and delivered to such
12		points outside of this State.
13		No right of action shall exist for the collection of any
14		claim based upon credit extended to a distributor, beer and
15		wine distributor, importing distributor, beer and wine
16		importing distributor, or retail licensee contrary to the
17		provisions of this Section.
18		Every manufacturer, importing distributor, beer and wine
19		importing distributor, and distributor, and beer and wine
20		distributor shall submit or cause to be submitted, to the State
21		Commission, in triplicate, not later than Thursday of each
22		calendar week, a verified written list of the names and
23		respective addresses of each retail licensee purchasing
24		spirits or wine from such manufacturer, importing distributor,
25		beer and wine importing distributor, or distributor, or beer
26		and wine distributor who, on the first business day of that
27		calendar week, was delinquent beyond the above mentioned
28		permissible merchandising credit period of 30 days; or, if such
29		is the fact, a verified written statement that no retail
30		licensee purchasing spirits or wine was then delinquent beyond
31		such permissible merchandising credit period of 30 days.
32		Every manufacturer, importing distributor, beer and wine
33		importing distributor, and distributor, and beer and wine
34		distributor shall submit or cause to be submitted, to the State
35		Commission, in triplicate, a verified written list of the names
36		and respective addresses of each previously reported

1		delinquent retail licensee who has cured such delinquency by
2		payment, which list shall be submitted not later than the close
3		of the second full business day following the day such
4		delinquency was so cured.
5		Such written verified reports required to be submitted by
6		this Section shall be posted by the State Commission in each of
7		its offices in places available for public inspection not later
8		than the day following receipt thereof by the Commission. The
9		reports so posted shall constitute notice to every
10		manufacturer, importing distributor, beer and wine importing
11		distributor, and distributor, and beer and wine distributor of
12		the information contained therein. Actual notice to
13		manufacturers, importing distributors, beer and wine importing
14		distributors, and distributors, and beer and wine distributors
15		of the information contained in any such posted reports,
16		however received, shall also constitute notice of such
17		information.
18		The 30 day merchandising credit period allowed by this
19		Section shall commence with the day immediately following the
20		date of invoice and shall include all successive days including
21		Sundays and holidays to and including the 30th successive day.
22		In addition to other methods allowed by law, payment by
23		check during the period for which merchandising credit may be
24		extended under the provisions of this Section shall be
25		considered payment. All checks received in payment for
26		alcoholic liquor shall be promptly deposited for collection. A
27		post dated check or a check dishonored on presentation for
28		payment shall not be deemed payment.
29		A retail licensee shall not be deemed to be delinquent in
30		payment for any alleged sale to him of alcoholic liquor when
31		there exists a bona fide dispute between such retailer and a
32		manufacturer, importing distributor, beer and wine importing
33		distributor, or distributor, or beer and wine distributor with
34		respect to the amount of indebtedness existing because of such
35		alleged sale.
36		A delinquent retail licensee who engages in the retail

1		liquor business at 2 or more locations shall be deemed to be
2		delinquent with respect to each such location.
3		The license of any person who violates any provision of
4		this Section shall be subject to suspension or revocation in
5		the manner provided by this Act.
6		If any part or provision of this Article or the application
7		thereof to any person or circumstances shall be adjudged
8		invalid by a court of competent jurisdiction, such judgment
9		shall be confined by its operation to the controversy in which
10		it was mentioned and shall not affect or invalidate the
11		remainder of this Article or the application thereof to any
12		other person or circumstance and to this and the provisions of
13		this Article are declared severable.
14		(Source: P.A. 83-762.)
15		(235 ILCS 5/6-6) (from Ch. 43, par. 123)
16		Sec. 6-6. Except as otherwise provided in this Act no
17		manufacturer, or distributor, beer and wine distributor, or
18		importing distributor, or beer and wine importing distributor
19		shall, directly, or indirectly, sell, supply, furnish, give or
20		pay for, or loan or lease, any furnishing, fixture or equipment
21		on the premises of a place of business of another licensee
22		authorized under this Act to sell alcoholic liquor at retail,
23		either for consumption on or off the premises, nor shall he or
24		she directly or indirectly, pay for any such license, or
25		advance, furnish, lend or give money for payment of such
26		license, or purchase or become the owner of any note, mortgage,
27		or other evidence of indebtedness of such licensee or any form
28		of security therefor, nor shall such manufacturer, or
29		distributor, beer and wine distributor, or importing
30		distributor, or beer and wine importing distributor, directly
31		or indirectly, be interested in the ownership, conduct or
32		operation of the business of any licensee authorized to sell
33		alcoholic liquor at retail, nor shall any manufacturer, or
34		distributor, beer and wine distributor, or importing
35		distributor, or beer and wine importing distributor be

1		interested directly or indirectly or as owner or part owner of
2		said premises or as lessee or lessor thereof, in any premises
3		upon which alcoholic liquor is sold at retail.
4		No manufacturer, or distributor, beer and wine
5		distributor, or importing distributor, or beer and wine
6		importing distributor shall, directly or indirectly or through
7		a subsidiary or affiliate, or by any officer, director or firm
8		of such manufacturer, distributor, beer and wine distributor,
9		or importing distributor, or beer and wine importing
10		distributor furnish, give, lend or rent, install, repair or
11		maintain, to or for any retail licensee in this State, any
12		signs or inside advertising materials except as provided in
13		this Section and Section 6-5. With respect to retail licensees,
14		other than any government owned or operated auditorium,
15		exhibition hall, recreation facility or other similar facility
16		holding a retailer's license as described in Section 6-5, a
17		manufacturer, distributor, beer and wine distributor, or
18		importing distributor, or beer and wine importing distributor
19		may furnish, give, lend or rent and erect, install, repair and
20		maintain to or for any retail licensee, for use at any one time
21		in or about or in connection with a retail establishment on
22		which the products of the manufacturer, distributor, beer and
23		wine distributor, or importing distributor, or beer and wine
24		importing distributor are sold, the following signs and inside
25		advertising materials as authorized in subparts (i), (ii),
26		(iii), and (iv):
27		(i) Permanent outside signs shall be limited to one
28		outside sign, per brand, in place and in use at any one
29		time, costing not more than $893, exclusive of erection,
30		installation, repair and maintenance costs, and permit
31		fees and shall bear only the manufacturer's name, brand
32		name, trade name, slogans, markings, trademark, or other
33		symbols commonly associated with and generally used in
34		identifying the product including, but not limited to,
35		"cold beer", "on tap", "carry out", and "packaged liquor".
36		(ii) Temporary outside signs shall be limited to one

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

1		(iii) Permanent inside signs, whether visible from the
2		outside or the inside of the premises, include, but are not
3		limited to: alcohol lists and menus that may include names,
4		slogans, markings, or logos that relate to the retailer;
5		neons; illuminated signs; clocks; table lamps; mirrors;
6		tap handles; decalcomanias; window painting; and window
7		trim. All permanent inside signs in place and in use at any
8		one time shall cost in the aggregate not more than $2000
9		per manufacturer. A permanent inside sign must include the
10		manufacturer's name, brand name, trade name, slogans,
11		markings, trademark, or other symbol commonly associated
12		with and generally used in identifying the product.
13		However, permanent inside signs may not include names,
14		slogans, markings, or logos that relate to the retailer.
15		For the purpose of this subpart (iii), all permanent inside
16		signs may be displayed in an adjacent courtyard or patio
17		commonly referred to as a "beer garden" that is a part of
18		the retailer's licensed premises.
19		(iv) Temporary inside signs shall include, but are not
20		limited to, lighted chalk boards, acrylic table tent
21		beverage or hors d'oeuvre list holders, banners, flags,
22		pennants, streamers, and inside advertising materials such
23		as posters, placards, bowling sheets, table tents, inserts
24		for acrylic table tent beverage or hors d'oeuvre list
25		holders, sports schedules, or similar printed or
26		illustrated materials; however, such items, for example,
27		as coasters, trays, napkins, glassware and cups shall not
28		be deemed to be inside signs or advertising materials and
29		may only be sold to retailers. All temporary inside signs
30		and inside advertising materials in place and in use at any
31		one time shall cost in the aggregate not more than $325 per
32		manufacturer. Nothing in this subpart (iv) prohibits a
33		distributor, beer and wine distributor, or importing
34		distributor, or beer and wine importing distributor from
35		paying the cost of printing or creating any temporary
36		inside banner or inserts for acrylic table tent beverage or

1		hors d'oeuvre list holders for a retail licensee, provided
2		that the primary purpose for the banner or insert is to
3		highlight, promote, or advertise the product. For the
4		purpose of this subpart (iv), all temporary inside signs
5		and inside advertising materials may be displayed in an
6		adjacent courtyard or patio commonly referred to as a "beer
7		garden" that is a part of the retailer's licensed premises.
8		A "cost adjustment factor" shall be used to periodically
9		update the dollar limitations prescribed in subparts (i),
10		(iii), and (iv). The Commission shall establish the adjusted
11		dollar limitation on an annual basis beginning in January,
12		1997. The term "cost adjustment factor" means a percentage
13		equal to the change in the Bureau of Labor Statistics Consumer
14		Price Index or 5%, whichever is greater. The restrictions
15		contained in this Section 6-6 do not apply to signs, or
16		promotional or advertising materials furnished by
17		manufacturers, distributors, beer and wine distributors, or
18		importing distributors, or beer and wine importing
19		distributors to a government owned or operated facility holding
20		a retailer's license as described in Section 6-5.
21		No distributor, beer and wine distributor, or importing
22		distributor, or beer and wine importing distributor shall
23		directly or indirectly or through a subsidiary or affiliate, or
24		by any officer, director or firm of such manufacturer,
25		distributor, beer and wine distributor, or importing
26		distributor, or beer and wine importing distributor furnish,
27		give, lend or rent, install, repair or maintain, to or for any
28		retail licensee in this State, any signs or inside advertising
29		materials described in subparts (i), (ii), (iii), or (iv) of
30		this Section except as the agent for or on behalf of a
31		manufacturer, provided that the total cost of any signs and
32		inside advertising materials including but not limited to
33		labor, erection, installation and permit fees shall be paid by
34		the manufacturer whose product or products said signs and
35		inside advertising materials advertise and except as follows:
36		A distributor, beer and wine distributor, or importing

1		distributor, or beer and wine importing distributor may
2		purchase from or enter into a written agreement with a
3		manufacturer or a manufacturer's designated supplier and such
4		manufacturer or the manufacturer's designated supplier may
5		sell or enter into an agreement to sell to a distributor, beer
6		and wine distributor, or importing distributor, or beer and
7		wine importing distributor permitted signs and advertising
8		materials described in subparts (ii), (iii), or (iv) of this
9		Section for the purpose of furnishing, giving, lending,
10		renting, installing, repairing, or maintaining such signs or
11		advertising materials to or for any retail licensee in this
12		State. Any purchase by a distributor, beer and wine
13		distributor, or importing distributor, or beer and wine
14		importing distributor from a manufacturer or a manufacturer's
15		designated supplier shall be voluntary and the manufacturer may
16		not require the distributor, beer and wine distributor, or the
17		importing distributor, or beer and wine importing distributor
18		to purchase signs or advertising materials from the
19		manufacturer or the manufacturer's designated supplier.
20		A distributor, beer and wine distributor, or importing
21		distributor, or beer and wine importing distributor shall be
22		deemed the owner of such signs or advertising materials
23		purchased from a manufacturer or a manufacturer's designated
24		supplier.
25		The provisions of Public Act 90-373 concerning signs or
26		advertising materials delivered by a manufacturer to a
27		distributor, beer and wine distributor, or importing
28		distributor, or beer and wine importing distributor shall apply
29		only to signs or advertising materials delivered on or after
30		August 14, 1997.
31		No person engaged in the business of manufacturing,
32		importing or distributing alcoholic liquors shall, directly or
33		indirectly, pay for, or advance, furnish, or lend money for the
34		payment of any license for another. Any licensee who shall
35		permit or assent, or be a party in any way to any violation or
36		infringement of the provisions of this Section shall be deemed

1		guilty of a violation of this Act, and any money loaned
2		contrary to a provision of this Act shall not be recovered
3		back, or any note, mortgage or other evidence of indebtedness,
4		or security, or any lease or contract obtained or made contrary
5		to this Act shall be unenforceable and void.
6		This Section shall not apply to airplane licensees
7		exercising powers provided in paragraph (i) of Section 5-1 of
8		this Act.
9		(Source: P.A. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96;
10		90-373, eff. 8-14-97; 90-432, eff. 1-1-98; 90-655, eff.
11		7-30-98.)
12		(235 ILCS 5/6-6.5)
13		Sec. 6-6.5. Sanitation. A manufacturer, distributor, beer
14		and wine distributor, or importing distributor, or beer and
15		wine importing distributor may sell coil cleaning services to a
16		retail licensee at fair market cost.
17		A manufacturer, distributor, beer and wine distributor, or
18		importing distributor, or beer and wine importing distributor
19		may sell dispensing accessories to retail licensees at a price
20		not less than the cost to the manufacturer, distributor, beer
21		and wine distributor, or importing distributor, or beer and
22		wine importing distributor who initially purchased them.
23		Dispensing accessories include, but are not limited to, items
24		such as standards, faucets, cold plates, rods, vents, taps, tap
25		standards, hoses, washers, couplings, gas gauges, vent
26		tongues, shanks, and check valves.
27		Coil cleaning supplies consisting of detergents, cleaning
28		chemicals, brushes, or similar type cleaning devices may be
29		sold at a price not less than the cost to the manufacturer,
30		distributor, beer and wine distributor, or importing
31		distributor, or beer and wine importing distributor.
32		(Source: P.A. 90-432, eff. 1-1-98.)
33		(235 ILCS 5/6-7) (from Ch. 43, par. 124)
34		Sec. 6-7. No manufacturer, or distributor, beer and wine

1		distributor, or importing distributor, beer and wine importing
2		distributor, or foreign importer shall sell or deliver any
3		package containing alcoholic liquor manufactured or
4		distributed by him unless the same shall have affixed thereto
5		all cancelled revenue stamps which may be provided by Federal
6		law, and shall also bear thereon a clear and legible label
7		containing the name and address of the manufacturer, the kind
8		of alcoholic liquor contained therein, and in the case of
9		alcoholic liquor (other than beer and imported Scotch whiskey
10		and brandy 4 years old or more) the date when manufactured and
11		the minimum alcoholic content thereof. No person or persons,
12		corporation, partnership or firm shall label alcoholic liquor
13		as "whiskey" or "gin" or shall import for sale or shall sell in
14		this State alcoholic liquor labeled as "whiskey" or "gin"
15		unless the entire alcoholic content thereof, except flavoring
16		materials, is a distillate of fermented mash of grain or
17		mixture of grains. Alcoholic liquor of the type of whiskey or
18		gin not conforming to this requirement must be labeled
19		"imitation whiskey" or "imitation gin" (as the case may be). No
20		spirits shall contain any substance, compound or ingredient
21		which is injurious to health or deleterious for human
22		consumption. No package shall be delivered by any manufacturer
23		or distributor, beer and wine distributor, or importing
24		distributor, beer and wine importing distributor, or foreign
25		importer unless the same shall be securely sealed so that the
26		contents thereof cannot be removed without breaking the seal so
27		placed thereon by said manufacturer, and no other licensee
28		shall sell, have in his possession, or use any package or
29		container which does not comply with this Section or does not
30		bear evidence that said package, when delivered to him,
31		complied herewith.
32		(Source: P.A. 82-783.)
33		(235 ILCS 5/6-8) (from Ch. 43, par. 125)
34		Sec. 6-8. Each manufacturer, or importing distributor,
35		beer and wine importing distributor, or foreign importer shall

1		keep an accurate record of all alcoholic liquors manufactured,
2		distributed, sold, used, or delivered by him in this State
3		during each month, showing therein to whom sold, and shall
4		furnish a copy thereof or a report thereon to the State
5		Commission, as the State Commission may, request.
6		Each importing distributor, beer and wine importing
7		distributor, or manufacturer to whom alcoholic liquors
8		imported into this State have been consigned shall effect
9		possession and physical control thereof by storing such
10		alcoholic liquors in the premises wherein such importing
11		distributor, beer and wine importing distributor, or
12		manufacturer is licensed to engage in such business as an
13		importing distributor, beer and wine importing distributor, or
14		manufacturer and to make such alcoholic liquors together with
15		accompanying invoices, bills of lading and receiving tickets
16		available for inspection by an agent or representative of the
17		Department of Revenue and of the State Commission.
18		All alcoholic liquor imported into this State must be
19		off-loaded from the common carrier, vehicle, or mode of
20		transportation by which the alcoholic liquor was delivered into
21		this State. The alcoholic liquor shall be stored at the
22		licensed premises of the importing distributor or beer and wine
23		importing distributor before sale and delivery to licensees in
24		this State. A distributor, beer and wine distributor, or
25		importing distributor, or beer and wine importing distributor,
26		upon application to the Commission, may secure a waiver of the
27		provisions of this Section for purposes of delivering beer
28		directly to a licensee holding or otherwise participating in a
29		special event sponsored by a unit of government or a
30		not-for-profit organization.
31		(Source: P.A. 88-535.)
32		(235 ILCS 5/6-9) (from Ch. 43, par. 126)
33		Sec. 6-9. Registration of trade marks; sale within
34		geographical area; delivery to authorized persons. The
35		Legislature hereby finds and declares that for purposes of

1		ensuring the preservation and enhancement of interbrand
2		competition in the alcoholic liquor industry within the State,
3		ensuring that importation and distribution of alcoholic liquor
4		in the State will be subject to thorough and inexpensive
5		monitoring by the State, reducing the importation of illicit or
6		untaxed alcoholic liquor into the State, excluding misbranded
7		alcoholic liquor products from the State, providing incentives
8		to distributors to service and sell to larger numbers of retail
9		licensees in the geographic area where such distributors are
10		engaged in business, and reducing the amount of spoiled and
11		overaged alcoholic liquor products sold to consumers, it is
12		necessary to restrict the purchase of alcoholic liquors at
13		wholesale in the State to those persons selected by the
14		manufacturer, distributor, beer and wine distributor,
15		importing distributor, beer and wine importing distributor, or
16		foreign importer who owns or controls the trade mark, brand or
17		name of the alcoholic liquor products sold to such persons, and
18		to restrict the geographic area or areas within which such
19		persons sell such alcoholic liquor at wholesale, as provided in
20		this Section.
21		Each manufacturer, non-resident dealer, distributor, beer
22		and wine distributor, importing distributor, beer and wine
23		importing distributor, or foreign importer who owns or controls
24		the trade mark, brand or name of any alcoholic liquor shall
25		register with the State Commission, in the Chicago office, on
26		or before the effective date, the name of each person to whom
27		such manufacturer, non-resident dealer, distributor, beer and
28		wine distributor, importing distributor, beer and wine
29		importing distributor, or foreign importer grants the right to
30		sell at wholesale in this State any such alcoholic liquor,
31		specifying the particular trade mark, brand or name of
32		alcoholic liquor as to which such right is granted, the
33		geographical area or areas for which such right is granted and
34		the period of time for which such rights are granted to such
35		person. Each manufacturer, non-resident dealer, distributor,
36		beer and wine distributor, or importing distributor, beer and

1		wine importing distributor, or foreign importer who is required
2		to register under this Section must furnish a copy of the
3		registration statement at the time of appointment to the person
4		who has been granted the right to sell alcoholic liquor at
5		wholesale. However, if a person who has been appointed the
6		right to sell alcoholic liquor at wholesale does not receive a
7		copy of the registration statement as required under this
8		Section, such person may file a registration statement with the
9		State Commission, provided that the person furnishes a copy of
10		that registration statement to the manufacturer, non-resident
11		dealer, distributor, beer and wine distributor, importing
12		distributor, beer and wine importing distributor, or foreign
13		importer within 30 days of filing the registration statement.
14		The registration statement shall state:
15		(1) the name of the person appointed;
16		(2) the name of the manufacturer, non-resident dealer,
17		distributor, beer and wine distributor, importing distributor,
18		beer and wine importing distributor, or foreign importer from
19		whom the person received the right to sell alcoholic liquor;
20		(3) the particular trade mark, brand, or name of alcoholic
21		liquor as to which the right to sell at wholesale is granted;
22		and
23		(4) the geographical areas for which the right to sell at
24		wholesale is granted.
25		Such manufacturer, non-resident dealer, distributor, beer
26		and wine distributor, importing distributor, beer and wine
27		importing distributor, or foreign importer may grant the right
28		to sell at wholesale any trade mark, brand or name of any
29		alcoholic liquor in any geographical area to more than one
30		person. If the registration is received after the effective
31		date, the Commission shall treat the date the registration was
32		received in the Chicago office as the effective date. Such
33		registration shall be made on a form prescribed by the State
34		Commission and the State Commission may require such
35		registration to be on a form provided by it.
36		No such registration shall be made in any other manner than

1		as is provided in this Section and only those persons
2		registered by the manufacturer, non-resident dealer,
3		distributor, beer and wine distributor, importing distributor
4		beer and wine importing distributor, or foreign importer, shall
5		have the right to sell at wholesale in this State, the brand of
6		alcoholic liquor specified on the registration form.
7		However, a licensed Illinois distributor who has not been
8		registered to sell a brand of alcoholic liquor, but for a
9		period of 2 years prior to November 8, 1979 has been engaged in
10		the purchase of a brand for resale from a licensed Illinois
11		distributor who has the right to sell that brand at wholesale,
12		may continue to purchase and resell the brand at wholesale, and
13		may purchase from the same distributor and resell at wholesale
14		any new brands of the same manufacturer, provided that:
15		(1) Within 60 days after November 8, 1979 he identifies
16		the brand which he so purchased to the State Commission and
17		the Commission within 30 days thereafter verifies that the
18		purchases have occurred;
19		(2) Thereafter, he notifies the State Commission in
20		writing of any brands of the same manufacturer which he
21		wishes to purchase from the same distributor that were not
22		available for distribution on or before November 8, 1979,
23		and that the Commission within 30 days of such notification
24		verifies that the brand is a new brand of the same
25		manufacturer, and that the same licensed Illinois
26		distributor has the right to sell the new brand at
27		wholesale;
28		(3) His licensed business address is within the
29		geographical area for which the licensed Illinois
30		distributor from whom the purchases are made has the right
31		to sell said brand or brands of alcoholic liquor; and
32		(4) His sales are made within the geographical area for
33		which the licensed Illinois distributor from whom the
34		purchases are made has the right to sell the brand or
35		brands of alcoholic liquor and only to retail licensees
36		whose licensed premises are located within the

1		aforementioned geographical area.
2		No person to whom such right is granted shall sell at
3		wholesale in this State any alcoholic liquor bearing such trade
4		mark, brand or name outside of the geographical area for which
5		such person holds such selling right, as registered with the
6		State Commission, nor shall he sell such alcoholic liquor
7		within such geographical area to a retail licensee if the
8		premises specified in such retailer's license are located
9		outside such geographical area. Any licensed Illinois
10		distributor or beer and wine distributor who has not been
11		granted the right to sell any alcoholic liquor at wholesale and
12		is purchasing alcoholic liquor from a person who has been
13		granted the right to sell at wholesale may sell and deliver
14		only to retail licensees whose licensed premises are within the
15		same geographical area as the person who has been granted the
16		right to sell at wholesale.
17		No manufacturer, importing distributor, beer and wine
18		importing distributor, distributor, beer and wine distributor,
19		non-resident dealer, or foreign importer shall sell or deliver
20		any package containing alcoholic liquor manufactured or
21		distributed by him for resale, unless the person to whom such
22		package is sold or delivered is authorized to receive such
23		package in accordance with the provisions of this Act.
24		(Source: P.A. 92-105, eff. 1-1-02.)
25		(235 ILCS 5/6-9.1)
26		Sec. 6-9.1. Deliveries to retail establishments.
27		(a) A distributor of wine or spirits or a beer and wine
28		distributor shall deliver to any retailer within any geographic
29		area in which that distributor or beer and wine distributor has
30		been granted by a wholesaler the right to sell its trademark,
31		brand, or name at least once every 2 weeks if (i) in the case of
32		a retailer located in a county with a population of at least
33		3,000,000 inhabitants or in a county adjacent to a county with
34		at least 3,000,000 inhabitants, the retailer agrees to purchase
35		at least $200 of wine or spirits from the distributor or at

1		least $200 of wine from the beer and wine distributor every 2
2		weeks; or (ii) in the case of a retailer located in a county
3		with a population of less than 3,000,000 that is not adjacent
4		to a county with a population of at least 3,000,000
5		inhabitants, the retailer agrees to purchase at least $50 of
6		wine or spirits from the distributor or $50 of wine from the
7		beer and wine distributor every 2 weeks.
8		(b) On January 1, 2002 and every 2 years thereafter, the
9		dollar amounts in items (i) and (ii) of subsection (a) shall be
10		increased or decreased by a percentage equal to the percentage
11		increase or decrease in the Consumer Price Index during the
12		previous 2 years according to the most recent available data.
13		(Source: P.A. 91-482, eff. 1-1-00.)
14		(235 ILCS 5/6-17) (from Ch. 43, par. 133)
15		Sec. 6-17. (a) No licensee licensed under the provisions of
16		this Act shall deny or permit his agents and employees to deny
17		any person the full and equal enjoyment of the accommodations,
18		advantages, facilities and privileges of any premises in which
19		alcoholic liquors are authorized to be sold subject only to the
20		conditions and limitations established by law and applicable
21		alike to all citizens.
22		(b) A distributor, beer and wine distributor, or an
23		importing distributor, or beer and wine importing distributor
24		may refuse to sell beer, brew, or similar beverages containing
25		0.5% or less of alcohol by volume to a non-licensee.
26		(Source: P.A. 86-1469.)
27		(235 ILCS 5/6-17.1)
28		Sec. 6-17.1. Distributors; sales to retailers. The General
29		Assembly hereby finds and declares that for the purposes of
30		ensuring that all retail licensees have the opportunity to
31		receive alcoholic liquor, reducing the amount of spoiled and
32		overaged alcoholic liquor sold to customers, and maintaining
33		the distribution system and the State's ability to regulate
34		against illegal importation of alcoholic liquor, it is

1		necessary to prevent discrimination among retail licensees as
2		provided in this Section.
3		A distributor, beer and wine distributor, or importing
4		distributor, or beer and wine importing distributor designated
5		as a distributor, beer and wine distributor, or importing
6		distributor, or beer and wine importing distributor for
7		alcoholic liquor within a designated geographic area or areas
8		under Section 6-9 of this Act shall use its best efforts to
9		make available for sale to retail licensees, in its designated
10		geographic area or areas, each brand of alcoholic liquor which
11		the distributor, beer and wine distributor, or the importing
12		distributor , or beer and wine importing distributor has been
13		authorized to distribute. Nothing in this Section prohibits a
14		distributor, beer and wine distributor, or importing
15		distributor, or beer and wine importing distributor from
16		establishing purchase requirements unless the requirements
17		have the effect of excluding a majority of the retail licensees
18		in the designated geographic area or areas from purchasing the
19		alcoholic liquor.
20		(Source: P.A. 91-186, eff. 1-1-00.)
21		(235 ILCS 5/6-21) (from Ch. 43, par. 135)
22		Sec. 6-21. (a) Every person who is injured within this
23		State, in person or property, by any intoxicated person has a
24		right of action in his or her own name, severally or jointly,
25		against any person, licensed under the laws of this State or of
26		any other state to sell alcoholic liquor, who, by selling or
27		giving alcoholic liquor, within or without the territorial
28		limits of this State, causes the intoxication of such person.
29		Any person at least 21 years of age who pays for a hotel or
30		motel room or facility knowing that the room or facility is to
31		be used by any person under 21 years of age for the unlawful
32		consumption of alcoholic liquors and such consumption causes
33		the intoxication of the person under 21 years of age, shall be
34		liable to any person who is injured in person or property by
35		the intoxicated person under 21 years of age. Any person

1		owning, renting, leasing or permitting the occupation of any
2		building or premises with knowledge that alcoholic liquors are
3		to be sold therein, or who having leased the same for other
4		purposes, shall knowingly permit therein the sale of any
5		alcoholic liquors that have caused the intoxication of any
6		person, shall be liable, severally or jointly, with the person
7		selling or giving the liquors. However, if such building or
8		premises belong to a minor or other person under guardianship
9		the guardian of such person shall be held liable instead of the
10		ward. A married woman has the same right to bring the action
11		and to control it and the amount recovered as an unmarried
12		woman. All damages recovered by a minor under this Act shall be
13		paid either to the minor, or to his or her parent, guardian or
14		next friend as the court shall direct. The unlawful sale or
15		gift of alcoholic liquor works a forfeiture of all rights of
16		the lessee or tenant under any lease or contract of rent upon
17		the premises where the unlawful sale or gift takes place. All
18		actions for damages under this Act may be by any appropriate
19		action in the circuit court. An action shall lie for injuries
20		to either means of support or loss of society, but not both,
21		caused by an intoxicated person or in consequence of the
22		intoxication of any person resulting as hereinabove set out.
23		"Loss of society" means the mutual benefits that each family
24		member receives from the other's continued existence,
25		including love, affection, care, attention, companionship,
26		comfort, guidance, and protection. "Family" includes spouse,
27		children, parents, brothers, and sisters. The action, if the
28		person from whom support or society was furnished is living,
29		shall be brought by any person injured in means of support or
30		society in his or her name for his or her benefit and the
31		benefit of all other persons injured in means of support or
32		society. However, any person claiming to be injured in means of
33		support or society and not included in any action brought
34		hereunder may join by motion made within the times herein
35		provided for bringing such action or the personal
36		representative of the deceased person from whom such support or

1		society was furnished may so join. In every such action the
2		jury shall determine the amount of damages to be recovered
3		without regard to and with no special instructions as to the
4		dollar limits on recovery imposed by this Section. The amount
5		recovered in every such action is for the exclusive benefit of
6		the person injured in loss of support or society and shall be
7		distributed to such persons in the proportions determined by
8		the verdict rendered or judgment entered in the action. If the
9		right of action is settled by agreement with the personal
10		representative of a deceased person from whom support or
11		society was furnished, the court having jurisdiction of the
12		estate of the deceased person shall distribute the amount of
13		the settlement to the person injured in loss of support or
14		society in the proportion, as determined by the court, that the
15		percentage of dependency of each such person upon the deceased
16		person bears to the sum of the percentages of dependency of all
17		such persons upon the deceased person. For all causes of action
18		involving persons injured, killed, or incurring property
19		damage before September 12, 1985, in no event shall the
20		judgment or recovery under this Act for injury to the person or
21		to the property of any person as hereinabove set out exceed
22		$15,000, and recovery under this Act for loss of means of
23		support resulting from the death or injury of any person, as
24		hereinabove set out, shall not exceed $20,000. For all causes
25		of action involving persons injured, killed, or incurring
26		property damage after September 12, 1985 but before July 1,
27		1998, in no event shall the judgment or recovery for injury to
28		the person or property of any person exceed $30,000 for each
29		person incurring damages, and recovery under this Act for loss
30		of means of support resulting from the death or injury of any
31		person shall not exceed $40,000. For all causes of action
32		involving persons injured, killed, or incurring property
33		damage on or after July 1, 1998, in no event shall the judgment
34		or recovery for injury to the person or property of any person
35		exceed $45,000 for each person incurring damages, and recovery
36		under this Act for either loss of means of support or loss of

1		society resulting from the death or injury of any person shall
2		not exceed $55,000. Beginning in 1999, every January 20, these
3		liability limits shall automatically be increased or
4		decreased, as applicable, by a percentage equal to the
5		percentage change in the consumer price index-u during the
6		preceding 12-month calendar year. "Consumer price index-u"
7		means the index published by the Bureau of Labor Statistics of
8		the United States Department of Labor that measures the average
9		change in prices of goods and services purchased by all urban
10		consumers, United States city average, all items, 1982-84 =
11		100. The new amount resulting from each annual adjustment shall
12		be determined by the Comptroller and made available to the
13		chief judge of each judicial circuit. The liability limits at
14		the time at which damages subject to such limits are awarded by
15		final judgment or settlement shall be utilized by the courts.
16		Nothing in this Section bars any person from making separate
17		claims which, in the aggregate, exceed any one limit where such
18		person incurs more than one type of compensable damage,
19		including personal injury, property damage, and loss to means
20		of support or society. However, all persons claiming loss to
21		means of support or society shall be limited to an aggregate
22		recovery not to exceed the single limitation set forth herein
23		for the death or injury of each person from whom support or
24		society is claimed.
25		Nothing in this Act shall be construed to confer a cause of
26		action for injuries to the person or property of the
27		intoxicated person himself, nor shall anything in this Act be
28		construed to confer a cause of action for loss of means of
29		support or society on the intoxicated person himself or on any
30		person claiming to be supported by such intoxicated person or
31		claiming the society of such person. In conformance with the
32		rule of statutory construction enunciated in the general
33		Illinois saving provision in Section 4 of "An Act to revise the
34		law in relation to the construction of the statutes", approved
35		March 5, 1874, as amended, no amendment of this Section
36		purporting to abolish or having the effect of abolishing a

1		cause of action shall be applied to invalidate a cause of
2		action accruing before its effective date, irrespective of
3		whether the amendment was passed before or after the effective
4		date of this amendatory Act of 1986.
5		Each action hereunder shall be barred unless commenced
6		within one year next after the cause of action accrued.
7		However, a licensed distributor, beer and wine
8		distributor, or brewer whose only connection with the
9		furnishing of alcoholic liquor which is alleged to have caused
10		intoxication was the furnishing or maintaining of any apparatus
11		for the dispensing or cooling of beer is not liable under this
12		Section, and if such licensee is named as a defendant, a proper
13		motion to dismiss shall be granted.
14		(b) Any person licensed under any state or local law to
15		sell alcoholic liquor, whether or not a citizen or resident of
16		this State, who in person or through an agent causes the
17		intoxication, by the sale or gift of alcoholic liquor, of any
18		person who, while intoxicated, causes injury to any person or
19		property in the State of Illinois thereby submits such licensed
20		person, and, if an individual, his or her personal
21		representative, to the jurisdiction of the courts of this State
22		for a cause of action arising under subsection (a) above.
23		Service of process upon any person who is subject to the
24		jurisdiction of the courts of this State, as provided in this
25		subsection, may be made by personally serving the summons upon
26		the defendant outside this State, as provided in the Code of
27		Civil Procedure, as now or hereafter amended, with the same
28		force and effect as though summons had been personally served
29		within this State.
30		Only causes of action arising under subsection (a) above
31		may be asserted against a defendant in an action in which
32		jurisdiction over him or her is based upon this subsection.
33		Nothing herein contained limits or affects the right to
34		serve any process in any other manner now or hereafter provided
35		by law.
36		(Source: P.A. 90-111, eff. 7-14-97.)

1		(235 ILCS 5/6-22) (from Ch. 43, par. 137)
2		Sec. 6-22. No person, except a manufacturer, or
3		distributor, beer and wine distributor, or importing
4		distributor, or beer and wine importing distributor, shall fill
5		or refill, in whole or in part, any original package of
6		alcoholic liquor with the same or any other kind or quality of
7		alcoholic liquor, and it shall be unlawful for any person to
8		have in his possession for sale at retail any bottles, casks or
9		other containers containing alcoholic liquor, except in
10		original packages.
11		(Source: P.A. 82-783.)
12		(235 ILCS 5/6-29) (from Ch. 43, par. 144e)
13		Sec. 6-29. Interstate reciprocal wine shipments.
14		(a) Notwithstanding any other provision of law, an adult
15		resident or holder of an alcoholic beverage license in a state
16		which affords Illinois licensees or adult residents an equal
17		reciprocal shipping privilege may ship, for personal use and
18		not for resale, not more than 2 cases of wine (each case
19		containing not more than 9 liters) per year to any adult
20		resident of this State. Delivery of a shipment pursuant to this
21		Section shall not be deemed to constitute a sale in this State.
22		(b) The shipping container of any wine sent into or out of
23		this State under this Section shall be clearly labeled to
24		indicate that the package cannot be delivered to a person under
25		the age of 21 years.
26		(c) No broker within this State shall solicit consumers to
27		engage in interstate reciprocal wine shipments under this
28		Section. No shipper located outside this State may advertise
29		such interstate reciprocal wine shipments in this State.
30		(d) It is not the intent of this Section to impair the
31		distribution of wine through distributors, beer and wine
32		distributors, or importing distributors, or beer and wine
33		importing distributors, but only to permit shipments of wine
34		for personal use.

1		(Source: P.A. 86-1483.)
2		(235 ILCS 5/6-29.1)
3		Sec. 6-29.1. Direct shipments of alcoholic liquor.
4		Pursuant to the Twenty-First Amendment of the United States
5		Constitution allowing states to regulate the distribution and
6		sale of alcoholic liquor and pursuant to the federal
7		Webb-Kenyon Act declaring that alcoholic liquor shipped in
8		interstate commerce must comply with state laws, the General
9		Assembly hereby finds and declares that selling alcoholic
10		liquor from a point outside this State through various direct
11		marketing means, such as catalogs, newspapers, mailers, and the
12		Internet, directly to residents of this State poses a serious
13		threat to the State's efforts to prevent youths from accessing
14		alcoholic liquor; to State revenue collections; and to the
15		economy of this State.
16		Any person manufacturing, distributing, or selling
17		alcoholic liquor who knowingly ships or transports or causes
18		the shipping or transportation of any alcoholic liquor from a
19		point outside this State to a person in this State who does not
20		hold a manufacturer's, distributor's, beer and wine
21		distributor's, importing distributor's, beer and wine
22		importing distributor's, or non-resident dealer's license
23		issued by the Liquor Control Commission, other than a shipment
24		of sacramental wine to a bona fide religious organization, a
25		shipment authorized by Section 6-29, or any other shipment
26		authorized by this Act, is in violation of this Act.
27		The Commission, upon determining, after investigation,
28		that a person has violated this Section, shall give notice to
29		the person by certified mail to cease and desist all shipments
30		of alcoholic liquor into this State and to withdraw from this
31		State within 5 working days after receipt of the notice all
32		shipments of alcoholic liquor then in transit.
33		Whenever the Commission has reason to believe that a person
34		has failed to comply with the Commission notice under this
35		Section, it shall notify the Department of Revenue and file a

1		complaint with the State's Attorney of the county where the
2		alcoholic liquor was delivered or with appropriate law
3		enforcement officials.
4		Failure to comply with the notice issued by the Commission
5		under this Section constitutes a business offense for which the
6		person shall be fined not more than $1,000 for a first offense,
7		not more than $5,000 for a second offense, and not more than
8		$10,000 for a third or subsequent offense. Each shipment of
9		alcoholic liquor delivered in violation of the cease and desist
10		notice shall constitute a separate offense.
11		(Source: P.A. 90-739, eff. 8-13-98.)
12		(235 ILCS 5/6-31)
13		Sec. 6-31. Product sampling.
14		(a) Retailer, distributor, beer and wine distributor,
15		importing distributor, beer and wine importing distributor,
16		manufacturer, and nonresident dealer licensees may conduct
17		product sampling for consumption at a licensed retail location.
18		Up to 3 samples, consisting of no more than (i) 1/4 ounce of
19		distilled spirits, (ii) one ounce of wine, or (iii) 2 ounces of
20		beer may be served to a consumer in one day.
21		(b) Notwithstanding the provisions of subsection (a), an
22		on-premises retail licensee may offer for sale and serve more
23		than one drink per person for sampling purposes without
24		violating paragraph (1) of subsection (b) of Section 6-28 or
25		paragraph (6) of subsection (c) of Section 6-28 of this Act,
26		provided the total quantity of the sampling package, regardless
27		of the number of containers in which the alcoholic liquor is
28		being served, does not exceed 1 ounce of distilled spirits, 4
29		ounces of wine, or 16 ounces of beer. In any event, all
30		provisions of Section 6-28 shall apply to an on-premises retail
31		licensee that conducts product sampling.
32		(Source: P.A. 90-432, eff. 1-1-98; 90-626, eff. 1-1-99.)
33		(235 ILCS 5/7-1) (from Ch. 43, par. 145)
34		Sec. 7-1. An applicant for a retail license from the State

1		Commission shall submit to the State Commission an application
2		in writing under oath stating:
3		(1) The applicant's name and mailing address;
4		(2) The name and address of the applicant's business;
5		(3) If applicable, the date of the filing of the
6		"assumed name" of the business with the County Clerk;
7		(4) In case of a copartnership, the date of the
8		formation of the partnership; in the case of an Illinois
9		corporation, the date of its incorporation; or in the case
10		of a foreign corporation, the State where it was
11		incorporated and the date of its becoming qualified under
12		the Business Corporation Act of 1983 to transact business
13		in the State of Illinois;
14		(5) The number, the date of issuance and the date of
15		expiration of the applicant's current local retail liquor
16		license;
17		(6) The name of the city, village, or county that
18		issued the local retail liquor license;
19		(7) The name and address of the landlord if the
20		premises are leased;
21		(8) The date of the applicant's first request for a
22		State liquor license and whether it was granted, denied or
23		withdrawn;
24		(9) The address of the applicant when the first
25		application for a State liquor license was made;
26		(10) The applicant's current State liquor license
27		number;
28		(11) The date the applicant began liquor sales at his
29		place of business;
30		(12) The address of the applicant's warehouse if he
31		warehouses liquor;
32		(13) The applicant's Retailer's Occupation Tax (ROT)
33		Registration Number;
34		(14) The applicant's document locater number on his
35		Federal Special Tax Stamp;
36		(15) Whether the applicant is delinquent in the payment

1		of the Retailer's Occupational Tax (Sales Tax), and if so,
2		the reasons therefor;
3		(16) Whether the applicant is delinquent under the cash
4		beer law, and if so, the reasons therefor;
5		(17) In the case of a retailer, whether he is
6		delinquent under the 30 day credit law, and if so, the
7		reasons therefor;
8		(18) In the case of a distributor or beer and wine
9		distributor, whether he is delinquent under the 15 day
10		credit law, and if so, the reasons therefor;
11		(19) Whether the applicant has made an application for
12		a liquor license which has been denied, and if so, the
13		reasons therefor;
14		(20) Whether the applicant has ever had any previous
15		liquor license suspended or revoked, and if so, the reasons
16		therefor;
17		(21) Whether the applicant has ever been convicted of a
18		gambling offense or felony, and if so, the particulars
19		thereof;
20		(22) Whether the applicant possesses a current Federal
21		Wagering Stamp, and if so, the reasons therefor;
22		(23) Whether the applicant, or any other person,
23		directly in his place of business is a public official, and
24		if so, the particulars thereof;
25		(24) The applicant's name, sex, date of birth, social
26		security number, position and percentage of ownership in
27		the business; and the name, sex, date of birth, social
28		security number, position and percentage of ownership in
29		the business of every sole owner, partner, corporate
30		officer, director, manager and any person who owns 5% or
31		more of the shares of the applicant business entity or
32		parent corporations of the applicant business entity; and
33		(25) That he has not received or borrowed money or
34		anything else of value, and that he will not receive or
35		borrow money or anything else of value (other than
36		merchandising credit in the ordinary course of business for

1		a period not to exceed 90 days as herein expressly
2		permitted under Section 6-5 hereof), directly or
3		indirectly, from any manufacturer, importing distributor,
4		beer and wine importing distributor, or distributor, or
5		beer and wine distributor, or from any representative of
6		any such manufacturer, importing distributor, beer and
7		wine importing distributor, or distributor, or beer and
8		wine distributor nor be a party in any way, directly or
9		indirectly, to any violation by a manufacturer,
10		distributor, beer and wine distributor, or importing
11		distributor, or beer and wine importing distributor of
12		Section 6-6 of this Act.
13		In addition to any other requirement of this Section, an
14		applicant for a special use permit license and a special event
15		retailer's license shall also submit (A) proof satisfactory to
16		the Commission that the applicant has a resale number issued
17		under Section 2c of the Retailer's Occupation Tax Act or that
18		the applicant is registered under Section 2a of the Retailer's
19		Occupation Tax Act, (B) proof satisfactory to the Commission
20		that the applicant has a current, valid exemption
21		identification number issued under Section 1g of the Retailers'
22		Occupation Tax Act and a certification to the Commission that
23		the purchase of alcoholic liquors will be a tax-exempt
24		purchase, or (C) a statement that the applicant is not
25		registered under Section 2a of the Retailers' Occupation Tax
26		Act, does not hold a resale number under Section 2c of the
27		Retailers' Occupation Tax Act, and does not hold an exemption
28		number under Section 1g of the Retailers' Occupation Tax Act.
29		The applicant shall also submit proof of adequate dram shop
30		insurance for the special event prior to being issued a
31		license.
32		In addition to the foregoing information, such application
33		shall contain such other and further information as the State
34		Commission and the local commission may, by rule or regulation
35		not inconsistent with law, prescribe.
36		If the applicant reports a felony conviction as required

1		under paragraph (21) of this Section, such conviction may be
2		considered by the Commission in determining qualifications for
3		licensing, but shall not operate as a bar to licensing.
4		If said application is made in behalf of a partnership,
5		firm, association, club or corporation, then the same shall be
6		signed by one member of such partnership or the president or
7		secretary of such corporation or an authorized agent of said
8		partnership or corporation.
9		All other applications shall be on forms prescribed by the
10		State Commission, and which may exclude any of the above
11		requirements which the State Commission rules to be
12		inapplicable.
13		(Source: P.A. 90-596, eff. 6-24-98; 91-357, eff. 7-29-99.)
14		(235 ILCS 5/7-6) (from Ch. 43, par. 150)
15		Sec. 7-6. All proceedings for the revocation or suspension
16		of licenses of manufacturers, distributors, beer and wine
17		distributors, importing distributors, beer and wine importing
18		distributors, non-resident dealers, foreign importers,
19		non-beverage users, railroads, airplanes and boats shall be
20		before the State Commission. All such proceedings and all
21		proceedings for the revocation or suspension of a retailer's
22		license before the State commission shall be in accordance with
23		rules and regulations established by it not inconsistent with
24		law. However, no such license shall be so revoked or suspended
25		except after a hearing by the State commission with reasonable
26		notice to the licensee served by registered or certified mail
27		with return receipt requested at least 10 days prior to the
28		hearings at the last known place of business of the licensee
29		and after an opportunity to appear and defend. Such notice
30		shall specify the time and place of the hearing, the nature of
31		the charges, the specific provisions of the Act and rules
32		violated, and the specific facts supporting the charges or
33		violation. The findings of the Commission shall be predicated
34		upon competent evidence. The revocation of a local license
35		shall automatically result in the revocation of a State

1		license. Upon notification by the Illinois Department of
2		Revenue, the State Commission shall revoke any license issued
3		by it if the licensee has violated the provisions of Section 3
4		of the Retailers' Occupation Tax Act. All procedures for the
5		suspension or revocation of a license, as enumerated above, are
6		applicable to the levying of fines for violations of this Act
7		or any rule or regulation issued pursuant thereto.
8		(Source: P.A. 93-22, eff. 6-20-03.)
9		(235 ILCS 5/8-1) (from Ch. 43, par. 158)
10		Sec. 8-1. A tax is imposed upon the privilege of engaging
11		in business as a manufacturer, or as an importing distributor,
12		or beer and wine importing distributor of alcoholic liquor
13		other than beer at the rate of $0.185 per gallon for cider
14		containing not less than 0.5% alcohol by volume nor more than
15		7% alcohol by volume, $0.73 per gallon for wine other than
16		cider containing less than 7% alcohol by volume, and $4.50 per
17		gallon on alcohol and spirits manufactured and sold or used by
18		such manufacturer, or as agent for any other person, or sold or
19		used by such importing distributor or beer and wine
20		distributor, or as agent for any other person. A tax is imposed
21		upon the privilege of engaging in business as a manufacturer of
22		beer or as an importing distributor or beer and wine importing
23		distributor of beer at the rate of $0.185 per gallon on all
24		beer manufactured and sold or used by such manufacturer, or as
25		agent for any other person, or sold or used by such importing
26		distributor or beer and wine importing distributor, or as agent
27		for any other person. Any brewer manufacturing beer in this
28		State shall be entitled to and given a credit or refund of 75%
29		of the tax imposed on each gallon of beer up to 4.9 million
30		gallons per year in any given calendar year for tax paid or
31		payable on beer produced and sold in the State of Illinois.
32		For the purpose of this Section, "cider" means any
33		alcoholic beverage obtained by the alcohol fermentation of the
34		juice of apples or pears including, but not limited to,
35		flavored, sparkling, or carbonated cider.

1		The credit or refund created by this Act shall apply to all
2		beer taxes in the calendar years 1982 through 1986.
3		The increases made by this amendatory Act of the 91st
4		General Assembly in the rates of taxes imposed under this
5		Section shall apply beginning on July 1, 1999.
6		A tax at the rate of 1˘ per gallon on beer and 48˘ per
7		gallon on alcohol and spirits is also imposed upon the
8		privilege of engaging in business as a retailer or as a
9		distributor who is not also an importing distributor with
10		respect to all beer and all alcohol and spirits owned or
11		possessed by such retailer or distributor when this amendatory
12		Act of 1969 becomes effective, and with respect to which the
13		additional tax imposed by this amendatory Act upon
14		manufacturers and importing distributors does not apply.
15		Retailers and distributors who are subject to the additional
16		tax imposed by this paragraph of this Section shall be required
17		to inventory such alcoholic liquor and to pay this additional
18		tax in a manner prescribed by the Department.
19		The provisions of this Section shall be construed to apply
20		to any importing distributor or beer and wine importing
21		distributor engaging in business in this State, whether
22		licensed or not.
23		However, such tax is not imposed upon any such business as
24		to any alcoholic liquor shipped outside Illinois by an Illinois
25		licensed manufacturer, or importing distributor, or beer and
26		wine importing distributor, nor as to any alcoholic liquor
27		delivered in Illinois by an Illinois licensed manufacturer, or
28		importing distributor, or beer and wine importing distributor
29		to a purchaser for immediate transportation by the purchaser to
30		another state into which the purchaser has a legal right, under
31		the laws of such state, to import such alcoholic liquor, nor as
32		to any alcoholic liquor other than beer sold by one Illinois
33		licensed manufacturer, or importing distributor, or beer and
34		wine importing distributor to another Illinois licensed
35		manufacturer, or importing distributor, or beer and wine
36		importing distributor to the extent to which the sale of

1		alcoholic liquor other than beer by one Illinois licensed
2		manufacturer, or importing distributor, or beer and wine
3		importing distributor to another Illinois licensed
4		manufacturer, or importing distributor, or beer and wine
5		importing distributor is authorized by the licensing
6		provisions of this Act, nor to alcoholic liquor whether
7		manufactured in or imported into this State when sold to a
8		"non-beverage user" licensed by the State for use in the
9		manufacture of any of the following when they are unfit for
10		beverage purposes:
11		Patent and proprietary medicines and medicinal,
12		antiseptic, culinary and toilet preparations;
13		Flavoring extracts and syrups and food products;
14		Scientific, industrial and chemical products, excepting
15		denatured alcohol;
16		Or for scientific, chemical, experimental or mechanical
17		purposes;
18		Nor is the tax imposed upon the privilege of engaging in
19		any business in interstate commerce or otherwise, which
20		business may not, under the Constitution and Statutes of the
21		United States, be made the subject of taxation by this State.
22		The tax herein imposed shall be in addition to all other
23		occupation or privilege taxes imposed by the State of Illinois
24		or political subdivision thereof.
25		If any alcoholic liquor manufactured in or imported into
26		this State is sold to a licensed manufacturer, or importing
27		distributor, or beer and wine importing distributor by a
28		licensed manufacturer, or importing distributor, or beer and
29		wine importing distributor to be used solely as an ingredient
30		in the manufacture of any beverage for human consumption, the
31		tax imposed upon such purchasing manufacturer, or importing
32		distributor, or beer and wine importing distributor shall be
33		reduced by the amount of the taxes which have been paid by the
34		selling manufacturer, or importing distributor, or beer and
35		wine importing distributor under this Act as to such alcoholic
36		liquor so used to the Department of Revenue.

1		If any person received any alcoholic liquors from a
2		manufacturer, or importing distributor, or beer and wine
3		importing distributor, with respect to which alcoholic liquors
4		no tax is imposed under this Article, and such alcoholic liquor
5		shall thereafter be disposed of in such manner or under such
6		circumstances as may cause the same to become the base for the
7		tax imposed by this Article, such person shall make the same
8		reports and returns, pay the same taxes and be subject to all
9		other provisions of this Article relating to manufacturers, and
10		importing distributors, or beer and wine importing
11		distributors.
12		Nothing in this Article shall be construed to require the
13		payment to the Department of the taxes imposed by this Article
14		more than once with respect to any quantity of alcoholic liquor
15		sold or used within this State.
16		No tax is imposed by this Act on sales of alcoholic liquor
17		by Illinois licensed foreign importers to Illinois licensed
18		importing distributors or beer and wine importing
19		distributors.
20		(Source: P.A. 90-625, eff. 7-10-98; 91-38, eff. 6-15-99.)
21		(235 ILCS 5/8-2) (from Ch. 43, par. 159)
22		Sec. 8-2. It is the duty of each manufacturer with respect
23		to alcoholic liquor produced or imported by such manufacturer,
24		or purchased tax-free by such manufacturer from another
25		manufacturer or from an importing distributor or beer and wine
26		importing distributor, and of each importing distributor and
27		beer and wine importing distributor as to alcoholic liquor
28		purchased by such importing distributor or beer and wine
29		importing distributor from foreign importers or from anyone
30		from any point in the United States outside of this State or
31		purchased tax-free from another manufacturer or from an
32		importing distributor or beer and wine importing distributor,
33		to pay the tax imposed by Section 8-1 to the Department of
34		Revenue on or before the 15th day of the calendar month
35		following the calendar month in which such alcoholic liquor is

1		sold or used by such manufacturer or by such importing
2		distributor or beer and wine importing distributor other than
3		in an authorized tax-free manner or to pay that tax
4		electronically as provided in this Section.
5		Each manufacturer, and each importing distributor, and
6		beer and wine importing distributor shall make payment under
7		one of the following methods: (1) on or before the 15th day of
8		each calendar month, file in person or by United States
9		first-class mail, postage pre-paid, with the Department of
10		Revenue, on forms prescribed and furnished by the Department, a
11		report in writing in such form as may be required by the
12		Department in order to compute, and assure the accuracy of, the
13		tax due on all taxable sales and uses of alcoholic liquor
14		occurring during the preceding month. Payment of the tax in the
15		amount disclosed by the report shall accompany the report or,
16		(2) on or before the 15th day of each calendar month,
17		electronically file with the Department of Revenue, on forms
18		prescribed and furnished by the Department, an electronic
19		report in such form as may be required by the Department in
20		order to compute, and assure the accuracy of, the tax due on
21		all taxable sales and uses of alcoholic liquor occurring during
22		the preceding month. An electronic payment of the tax in the
23		amount disclosed by the report shall accompany the report. A
24		manufacturer, or distributor, or beer and wine distributor, who
25		files an electronic report and electronically pays the tax
26		imposed pursuant to Section 8-1 to the Department of Revenue on
27		or before the 15th day of the calendar month following the
28		calendar month in which such alcoholic liquor is sold or used
29		by that manufacturer, or importing distributor, or beer and
30		wine importing distributor other than in an authorized tax-free
31		manner shall pay to the Department the amount of the tax
32		imposed pursuant to Section 8-1, less a discount which is
33		allowed to reimburse the manufacturer, or importing
34		distributor, or beer and wine importing distributor for the
35		expenses incurred in keeping and maintaining records,
36		preparing and filing the electronic returns, remitting the tax,

1		and supplying data to the Department upon request.
2		The discount shall be in an amount as follows:
3		(1) For original returns due on or after January 1,
4		2003 through September 30, 2003, the discount shall be
5		1.75% or $1,250 per return, whichever is less;
6		(2) For original returns due on or after October 1,
7		2003 through September 30, 2004, the discount shall be 2%
8		or $3,000 per return, whichever is less; and
9		(3) For original returns due on or after October 1,
10		2004, the discount shall be 2% or $2,000 per return,
11		whichever is less.
12		The Department may, if it deems it necessary in order to
13		insure the payment of the tax imposed by this Article, require
14		returns to be made more frequently than and covering periods of
15		less than a month. Such return shall contain such further
16		information as the Department may reasonably require.
17		It shall be presumed that all alcoholic liquors acquired or
18		made by any importing distributor, beer and wine importing
19		distributor, or manufacturer have been sold or used by him in
20		this State and are the basis for the tax imposed by this
21		Article unless proven, to the satisfaction of the Department,
22		that such alcoholic liquors are (1) still in the possession of
23		such importing distributor, beer and wine importing
24		distributor, or manufacturer, or (2) prior to the termination
25		of possession have been lost by theft or through unintentional
26		destruction, or (3) that such alcoholic liquors are otherwise
27		exempt from taxation under this Act.
28		The Department may require any foreign importer to file
29		monthly information returns, by the 15th day of the month
30		following the month which any such return covers, if the
31		Department determines this to be necessary to the proper
32		performance of the Department's functions and duties under this
33		Act. Such return shall contain such information as the
34		Department may reasonably require.
35		Every manufacturer, and importing distributor, and beer
36		and wine importing distributor shall also file, with the

1		Department, a bond in an amount not less than $1,000 and not to
2		exceed $100,000 on a form to be approved by, and with a surety
3		or sureties satisfactory to, the Department. Such bond shall be
4		conditioned upon the manufacturer, or importing distributor,
5		or beer and wine importing distributor paying to the Department
6		all monies becoming due from such manufacturer, or importing
7		distributor, or beer and wine importing distributor under this
8		Article. The Department shall fix the penalty of such bond in
9		each case, taking into consideration the amount of alcoholic
10		liquor expected to be sold and used by such manufacturer, or
11		importing distributor, or beer and wine importing distributor,
12		and the penalty fixed by the Department shall be sufficient, in
13		the Department's opinion, to protect the State of Illinois
14		against failure to pay any amount due under this Article, but
15		the amount of the penalty fixed by the Department shall not
16		exceed twice the amount of tax liability of a monthly return,
17		nor shall the amount of such penalty be less than $1,000. The
18		Department shall notify the Commission of the Department's
19		approval or disapproval of any such manufacturer's, or
20		importing distributor's, or beer and wine importing
21		distributor's bond, or of the termination or cancellation of
22		any such bond, or of the Department's direction to a
23		manufacturer, or importing distributor, or beer and wine
24		importing distributor that he must file additional bond in
25		order to comply with this Section. The Commission shall not
26		issue a license to any applicant for a manufacturer's license,
27		or importing distributor's license, or beer and wine importing
28		distributor's license unless the Commission has received a
29		notification from the Department showing that such applicant
30		has filed a satisfactory bond with the Department hereunder and
31		that such bond has been approved by the Department. Failure by
32		any licensed manufacturer, or importing distributor, or beer
33		and wine importing distributor to keep a satisfactory bond in
34		effect with the Department or to furnish additional bond to the
35		Department, when required hereunder by the Department to do so,
36		shall be grounds for the revocation or suspension of such

1		manufacturer's, or importing distributor's, or beer and wine
2		importing distributor's license by the Commission. If a
3		manufacturer, or importing distributor, or beer and wine
4		importing distributor fails to pay any amount due under this
5		Article, his bond with the Department shall be deemed
6		forfeited, and the Department may institute a suit in its own
7		name on such bond.
8		After notice and opportunity for a hearing the State
9		Commission may revoke or suspend the license of any
10		manufacturer, or importing distributor, or beer and wine
11		importing distributor who fails to comply with the provisions
12		of this Section. Notice of such hearing and the time and place
13		thereof shall be in writing and shall contain a statement of
14		the charges against the licensee. Such notice may be given by
15		United States registered or certified mail with return receipt
16		requested, addressed to the person concerned at his last known
17		address and shall be given not less than 7 days prior to the
18		date fixed for the hearing. An order revoking or suspending a
19		license under the provisions of this Section may be reviewed in
20		the manner provided in Section 7-10 of this Act. No new license
21		shall be granted to a person whose license has been revoked for
22		a violation of this Section or, in case of suspension, shall
23		such suspension be terminated until he has paid to the
24		Department all taxes and penalties which he owes the State
25		under the provisions of this Act.
26		Every manufacturer, or importing distributor, or beer and
27		wine importing distributor who has, as verified by the
28		Department, continuously complied with the conditions of the
29		bond under this Act for a period of 2 years shall be considered
30		to be a prior continuous compliance taxpayer. In determining
31		the consecutive period of time for qualification as a prior
32		continuous compliance taxpayer, any consecutive period of time
33		of qualifying compliance immediately prior to the effective
34		date of this amendatory Act of 1987 shall be credited to any
35		manufacturer or importing distributor.
36		Every prior continuous compliance taxpayer shall be exempt

1		from the bond requirements of this Act until the Department has
2		determined the taxpayer to be delinquent in the filing of any
3		return or deficient in the payment of any tax under this Act.
4		Any taxpayer who fails to pay an admitted or established
5		liability under this Act may also be required to post bond or
6		other acceptable security with the Department guaranteeing the
7		payment of such admitted or established liability.
8		The Department shall discharge any surety and shall release
9		and return any bond or security deposit assigned, pledged or
10		otherwise provided to it by a taxpayer under this Section
11		within 30 days after: (1) such taxpayer becomes a prior
12		continuous compliance taxpayer; or (2) such taxpayer has ceased
13		to collect receipts on which he is required to remit tax to the
14		Department, has filed a final tax return, and has paid to the
15		Department an amount sufficient to discharge his remaining tax
16		liability as determined by the Department under this Act.
17		(Source: P.A. 92-393, eff. 1-1-03; 93-22, eff. 6-20-03.)
18		(235 ILCS 5/8-5) (from Ch. 43, par. 163a)
19		Sec. 8-5. As soon as practicable after any return is filed,
20		the Department shall examine such return and shall correct such
21		return according to its best judgment and information, which
22		return so corrected by the Department shall be prima facie
23		correct and shall be prima facie evidence of the correctness of
24		the amount of tax due, as shown therein. Instead of requiring
25		the licensee to file an amended return, the Department may
26		simply notify the licensee of the correction or corrections it
27		has made. Proof of such correction by the Department, or of the
28		determination of the amount of tax due as provided in Sections
29		8-4 and 8-10, may be made at any hearing before the Department
30		or in any legal proceeding by a reproduced copy of the
31		Department's record relating thereto in the name of the
32		Department under the certificate of the Director of Revenue.
33		Such reproduced copy shall, without further proof, be admitted
34		into evidence before the Department or in any legal proceeding
35		and shall be prima facie proof of the correctness of the amount

1		of tax due, as shown therein. If the return so corrected by the
2		Department discloses the sale or use, by a licensed
3		manufacturer, or importing distributor, or beer and wine
4		importing distributor, of alcoholic liquors as to which the tax
5		provided for in this Article should have been paid, but has not
6		been paid, in excess of the alcoholic liquors reported as being
7		taxable by the licensee, and as to which the proper tax was
8		paid the Department shall notify the licensee that it shall
9		issue the taxpayer a notice of tax liability for the amount of
10		tax claimed by the Department to be due, together with
11		penalties at the rates prescribed by Sections 3-3, 3-5 and 3-6
12		of the Uniform Penalty and Interest Act, which amount of tax
13		shall be equivalent to the amount of tax which, at the
14		prescribed rate per gallon, should have been paid with respect
15		to the alcoholic liquors disposed of in excess of those
16		reported as being taxable. In a case where no return has been
17		filed, the Department shall determine the amount of tax due
18		according to its best judgment and information and shall issue
19		the taxpayer a notice of tax liability for the amount of tax
20		claimed by the Department to be due as herein provided together
21		with penalties at the rates prescribed by Sections 3-3, 3-5 and
22		3-6 of the Uniform Penalty and Interest Act. If, in
23		administering the provisions of this Act, a comparison of a
24		licensee's return or returns with the books, records and
25		physical inventories of such licensee discloses a deficiency
26		which cannot be allocated by the Department to a particular
27		month or months, the Department shall issue the taxpayer a
28		notice of tax liability for the amount of tax claimed by the
29		Department to be due for a given period, but without any
30		obligation upon the Department to allocate such deficiency to
31		any particular month or months, together with penalties at the
32		rates prescribed by Sections 3-3, 3-5 and 3-6 of the Uniform
33		Penalty and Interest Act, which amount of tax shall be
34		equivalent to the amount of tax which, at the prescribed rate
35		per gallon, should have been paid with respect to the alcoholic
36		liquors disposed of in excess of those reported being taxable,

1		with the tax thereon having been paid under which circumstances
2		the aforesaid notice of tax liability shall be prima facie
3		correct and shall be prima facie evidence of the correctness of
4		the amount of tax due as shown therein; and proof of such
5		correctness may be made in accordance with, and the
6		admissibility of a reproduced copy of such notice of the
7		Department's notice of tax liability shall be governed by, all
8		the provisions of this Act applicable to corrected returns.
9		If the licensee dies or becomes a person under legal
10		disability at any time before the Department issues its notice
11		of tax liability, such notice shall be issued to the
12		administrator, executor or other legal representative, as
13		such, of the deceased or licensee who is under legal
14		disability.
15		If such licensee or legal representative, within 60 days
16		after such notice of tax liability, files a protest to such
17		notice of tax liability and requests a hearing thereon, the
18		Department shall give at least 7 days' notice to such licensee
19		or legal representative, as the case may be, of the time and
20		place fixed for such hearing and shall hold a hearing in
21		conformity with the provisions of this Act, and pursuant
22		thereto shall issue a final assessment to such licensee or
23		legal representative for the amount found to be due as a result
24		of such hearing.
25		If a protest to the notice of tax liability and a request
26		for a hearing thereon is not filed within 60 days after such
27		notice of tax liability, such notice of tax liability shall
28		become final without the necessity of a final assessment being
29		issued and shall be deemed to be a final assessment.
30		In case of failure to pay the tax, or any portion thereof,
31		or any penalty provided for herein, when due, the Department
32		may recover the amount of such tax, or portion thereof, or
33		penalty in a civil action; or if the licensee dies or becomes a
34		person under legal disability, by filing a claim therefor
35		against his or her estate; provided that no such claim shall be
36		filed against the estate of any deceased or of the licensee who

1		is under legal disability for any tax or penalty or portion
2		thereof except in the manner prescribed and within the time
3		limited by the Probate Act of 1975, as amended.
4		The collection of any such tax and penalty, or either, by
5		any means provided for herein, shall not be a bar to any
6		prosecution under this Act.
7		In addition to any other penalty provided for in this
8		Article, any licensee who fails to pay any tax within the time
9		required by this Article shall be subject to assessment of
10		penalties and interest at rates set forth in the Uniform
11		Penalty and Interest Act.
12		(Source: P.A. 87-205; 87-879.)
13		(235 ILCS 5/8-10) (from Ch. 43, par. 164)
14		Sec. 8-10. It is the duty of each manufacturer, importing
15		distributor, or beer and wine importing distributor, and
16		foreign importer to keep, at his licensed address or place of
17		business, complete and accurate records of all sales or other
18		dispositions of alcoholic liquor, and complete and accurate
19		records of all alcoholic liquor produced, manufactured,
20		compounded or imported, whether for himself or for another,
21		together with a physical inventory made as of the close of each
22		period for which a return is required, covering all alcoholic
23		liquors on hand. The Department of Revenue may in its
24		discretion prescribe reasonable and uniform methods for
25		keeping such records by manufacturers, and importing
26		distributors, beer and wine importing distributors, and
27		foreign importers.
28		In case of failure by manufacturers, and importing
29		distributors, and beer and wine importing distributors to keep
30		such records or to make them available to the Department on
31		demand, the Department shall determine the amount of tax due
32		according to its best judgment and information, which amount so
33		determined by the Department shall be prima facie correct, and
34		the Department's notice of tax liability shall be given, and
35		protest thereto and demand for a hearing may be made and final

1		assessments arrived at, in accordance with the provisions of
2		Section 8-5 hereof.
3		It is the duty of each manufacturer, importing distributor,
4		or beer and wine importing distributor, and foreign importer,
5		who imports alcoholic liquor into the State, and each
6		non-resident dealer who ships alcoholic liquor into the State,
7		to mail to the Department one duplicate invoice, together with
8		a bill of lading, covering such shipment and stating the
9		quantity and, except in the case of alcoholic liquor imported
10		in bulk to be bottled by an authorized licensee in this State
11		using his own label and brand, the invoice shall also state the
12		brand, labels and size of containers.
13		It is the duty of each manufacturer, importing distributor
14		and foreign importer, who imports spirits into the State, and
15		each non-resident dealer who ships spirits into the State, to
16		mail to the State Commission monthly a report containing a
17		compilation of the information required to be furnished to the
18		Department by the preceding paragraph, except that information
19		concerning spirits imported in bulk need not be included. The
20		report shall include all information mailed to the Department
21		during the preceding month.
22		All books and records, which manufacturers, importing
23		distributors, beer and wine importing distributors,
24		non-resident dealers and foreign importers are required by this
25		Section to keep, shall be preserved for a period of 3 years,
26		unless the Department, in writing, authorizes their
27		destruction or disposal at an earlier date.
28		(Source: P.A. 86-654.)
29		(235 ILCS 5/9-13) (from Ch. 43, par. 176)
30		Sec. 9-13. It is unlawful to sell alcoholic liquor at
31		retail or to grant or issue, or cause to be granted or issued,
32		any license to sell alcoholic liquor at retail within the
33		limits of any political subdivision or precinct or at any
34		premises while the prohibition against such sales is in effect,
35		or to sell at retail alcoholic liquor other than beer

1		containing not more than 4% of alcohol by weight, or to grant
2		or issue or cause to be granted any license to sell such
3		alcoholic liquor at retail within the limits of such political
4		subdivision or precinct while the prohibition against such
5		sales is in effect, or to sell at retail alcoholic liquor
6		containing more than 4% of alcohol by weight except in the
7		original package and not for consumption on the premises, or to
8		grant or issue or cause to be granted or issued any license to
9		sell such alcoholic liquor at retail within the limits of such
10		political subdivision or precinct while the prohibition
11		against such sales is in effect. If any such license be granted
12		or issued in violation of this Section section, the license
13		shall be void. This Section section shall not prohibit the
14		issuance of and operation under a manufacturer's, or
15		distributor's, beer and wine distributor's, or importing
16		distributor's, or beer and wine importing distributor's
17		license in accordance with law.
18		(Source: P.A. 86-861.)
19		(235 ILCS 5/10-1) (from Ch. 43, par. 183)
20		Sec. 10-1. Violations; penalties. Whereas a substantial
21		threat to the sound and careful control, regulation, and
22		taxation of the manufacture, sale, and distribution of
23		alcoholic liquors exists by virtue of individuals who
24		manufacture, import, distribute, or sell alcoholic liquors
25		within the State without having first obtained a valid license
26		to do so, and whereas such threat is especially serious along
27		the borders of this State, and whereas such threat requires
28		immediate correction by this Act, by active investigation and
29		prosecution by law enforcement officials and prosecutors, and
30		by prompt and strict enforcement through the courts of this
31		State to punish violators and to deter such conduct in the
32		future:
33		(a) Any person who manufactures, imports for distribution
34		or use, or distributes or sells alcoholic liquor at any place
35		within the State without having first obtained a valid license

1		to do so under the provisions of this Act shall be guilty of a
2		business offense and fined not more than $1,000 for the first
3		such offense and shall be guilty of a Class 4 felony for each
4		subsequent offense.
5		(b) (1) Any retailer, licensed in this State, who knowingly
6		causes to furnish, give, sell, or otherwise being within the
7		State, any alcoholic liquor destined to be used, distributed,
8		consumed or sold in another state, unless such alcoholic liquor
9		was received in this State by a duly licensed distributor, beer
10		and wine distributor, or importing distributor, or beer and
11		wine importing distributor distributors shall have his license
12		suspended for 7 days for the first offense and for the second
13		offense, shall have his license revoked by the Commission.
14		(2) In the event the Commission receives a certified copy
15		of a final order from a foreign jurisdiction that an Illinois
16		retail licensee has been found to have violated that foreign
17		jurisdiction's laws, rules, or regulations concerning the
18		importation of alcoholic liquor into that foreign
19		jurisdiction, the violation may be grounds for the Commission
20		to revoke, suspend, or refuse to issue or renew a license, to
21		impose a fine, or to take any additional action provided by
22		this Act with respect to the Illinois retail license or
23		licensee. Any such action on the part of the Commission shall
24		be in accordance with this Act and implementing rules.
25		For the purposes of paragraph (2): (i) "foreign
26		jurisdiction" means a state, territory, or possession of the
27		United States, the District of Columbia, or the Commonwealth of
28		Puerto Rico, and (ii) "final order" means an order or judgment
29		of a court or administrative body that determines the rights of
30		the parties respecting the subject matter of the proceeding,
31		that remains in full force and effect, and from which no appeal
32		can be taken.
33		(c) Any person who shall make any false statement or
34		otherwise violates any of the provisions of this Act in
35		obtaining any license hereunder, or who having obtained a
36		license hereunder shall violate any of the provisions of this

1		Act with respect to the manufacture, possession, distribution
2		or sale of alcoholic liquor, or with respect to the maintenance
3		of the licensed premises, or shall violate any other provision
4		of this Act, shall for a first offense be guilty of a petty
5		offense and fined not more than $500, and for a second or
6		subsequent offense shall be guilty of a Class B misdemeanor.
7		(d) Each day any person engages in business as a
8		manufacturer, foreign importer, importing distributor, beer
9		and wine importing distributor, distributor, beer and wine
10		distributor, or retailer in violation of the provisions of this
11		Act shall constitute a separate offense.
12		(e) Any person, under the age of 21 years who, for the
13		purpose of buying, accepting or receiving alcoholic liquor from
14		a licensee, represents that he is 21 years of age or over shall
15		be guilty of a Class A misdemeanor.
16		(f) In addition to the penalties herein provided, any
17		person licensed as a wine-maker in either class who
18		manufactures more wine than authorized by his license shall be
19		guilty of a business offense and shall be fined $1 for each
20		gallon so manufactured.
21		(g) A person shall be exempt from prosecution for a
22		violation of this Act if he is a peace officer in the
23		enforcement of the criminal laws and such activity is approved
24		in writing by one of the following:
25		(1) In all counties, the respective State's Attorney;
26		(2) The Director of State Police under Section 2605-10,
27		2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115,
28		2605-120, 2605-130, 2605-140, 2605-190, 2605-200,
29		2605-205, 2605-210, 2605-215, 2605-250, 2605-275,
30		2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
31		2605-340, 2605-350, 2605-355, 2605-360, 2605-365,
32		2605-375, 2605-390, 2605-400, 2605-405, 2605-420,
33		2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the
34		Department of State Police Law (20 ILCS 2605/2605-10,
35		2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
36		2605/2605-110, 2605/2605-115, 2605/2605-120,

1		2605/2605-130, 2605/2605-140, 2605/2605-190,
2		2605/2605-200, 2605/2605-205, 2605/2605-210,
3		2605/2605-215, 2605/2605-250, 2605/2605-275,
4		2605/2605-300, 2605/2605-305, 2605/2605-315,
5		2605/2605-325, 2605/2605-335, 2605/2605-340,
6		2605/2605-350, 2605/2605-355, 2605/2605-360,
7		2605/2605-365, 2605/2605-375, 2605/2605-390,
8		2605/2605-400, 2605/2605-405, 2605/2605-420,
9		2605/2605-430, 2605/2605-435, 2605/2605-500,
10		2605/2605-525, or 2605/2605-550); or
11		(3) In cities over 1,000,000, the Superintendent of
12		Police.
13		(Source: P.A. 90-739, eff. 8-13-98; 91-239, eff. 1-1-00.)
14		(235 ILCS 5/10-7.1) (from Ch. 43, par. 189.1)
15		Sec. 10-7.1. The Commission, upon receipt of a complaint or
16		upon having knowledge that any person is engaged in the
17		business as a manufacturer, importing distributor, beer and
18		wine importing distributor, distributor, beer and wine
19		distributor, or retailer without a license or valid license,
20		shall notify the Department of Revenue and the local liquor
21		authority, and file a complaint with the State's Attorney's
22		Office of the County where the incident occurred or initiate an
23		investigation with the appropriate law enforcement officials.
24		(Source: P.A. 90-739, eff. 8-13-98.)