Illinois General Assembly - Full Text of SB3022
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Full Text of SB3022  100th General Assembly

SB3022ham001 100TH GENERAL ASSEMBLY

Rep. Lou Lang

Filed: 5/16/2018

 

 


 

 


 
10000SB3022ham001LRB100 18964 RPS 40079 a

1
AMENDMENT TO SENATE BILL 3022

2    AMENDMENT NO. ______. Amend Senate Bill 3022 on page 2,
3line 9, by replacing "3-2, 3-12," with "3-1, 3-2, 3-5, 3-6,
43-7, 3-10, 3-12, 5-1,"; and
 
5on page 2, immediately below line 10, by inserting the
6following:
 
7    "(235 ILCS 5/3-1)  (from Ch. 43, par. 97)
8    Sec. 3-1. There is hereby created an Illinois Liquor
9Control Commission consisting of 7 members to be appointed by
10the Governor with the advice and consent of the Senate, no more
11than 4 of whom shall be members of the same political party.
12The Executive Director of the Illinois Liquor Control
13Commission shall be appointed by the Governor with the advice
14and consent of the Senate.
15(Source: P.A. 91-798, eff. 7-9-00.)"; and
 

 

 

10000SB3022ham001- 2 -LRB100 18964 RPS 40079 a

1on page 4, immediately below line 5, by inserting the
2following:
 
3    "(235 ILCS 5/3-5)  (from Ch. 43, par. 101)
4    Sec. 3-5. Each commissioner, the secretary, the Executive
5Director, and each person appointed by the commission shall,
6before entering upon the duties of his or her office, take and
7subscribe to the constitutional oath of office. The secretary,
8the Executive Director, and each inspector, clerk, and other
9employee shall devote his or her entire time to the duties of
10his or her office.
11(Source: P.A. 82-783.)
 
12    (235 ILCS 5/3-6)  (from Ch. 43, par. 102)
13    Sec. 3-6. No person shall be appointed a commissioner,
14secretary, Executive Director, or inspector for the commission
15who is not a citizen of the United States. No commissioner,
16secretary, Executive Director, inspector, or other employee
17shall be appointed who has been convicted of any violation of
18any Federal or State law concerning the manufacture or sale of
19alcoholic liquor prior or subsequent to the passage of this Act
20or who has paid a fine or penalty in settlement of any
21prosecution against him or her for any violation of such laws
22or shall have forfeited his or her bond to appear in court to
23answer charges for any such violation, nor shall any person be
24appointed who has been convicted of a felony. No commissioner,

 

 

10000SB3022ham001- 3 -LRB100 18964 RPS 40079 a

1Executive Director, inspector, or other employee, may,
2directly or indirectly, individually or as a member of a
3partnership, or as a shareholder of a corporation, have any
4interest whatsoever in the manufacture, sale or distribution of
5alcoholic liquor, nor receive any compensation or profit
6therefrom, nor have any interest whatsoever in the purchases or
7sales made by the persons authorized by this Act, or to
8purchase or to sell alcoholic liquor. No provision of this
9section shall prevent any such commissioner, secretary,
10Executive Director, inspector, or other employee from
11purchasing and keeping in his or her possession for the use of
12himself or herself or members of his or her family or guests
13any alcoholic liquor which may be purchased or kept by any
14person by virtue of this Act.
15(Source: P.A. 83-1254.)
 
16    (235 ILCS 5/3-7)  (from Ch. 43, par. 103)
17    Sec. 3-7. No commissioner, secretary, Executive Director,
18or person appointed or employed by the commission, shall
19solicit or accept any gift, gratuity, emolument or employment
20from any person subject to the provisions of this Act, or from
21any officer, agent or employee thereof, nor solicit, request
22from or recommend, directly or indirectly, to any such person
23or to any officer, agent or employee thereof, the appointment
24of any person to any place or position, and every such person,
25and every officer, agent or employee thereof, is hereby

 

 

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1forbidden to offer to any commissioner, secretary, Executive
2Director, or to any person appointed or employed by the
3commission, any gift, gratuity, emolument or employment. If any
4commissioner, secretary, Executive Director, or any person
5appointed or employed by the commission, shall violate any of
6the provisions of this Section, he or she shall be removed from
7the office or employment held by him or her. Every person
8violating the provisions of this Section shall be guilty of a
9Class A misdemeanor.
10(Source: P.A. 82-783.)
 
11    (235 ILCS 5/3-10)  (from Ch. 43, par. 106)
12    Sec. 3-10. The commissioners, the secretary, the Executive
13Director, and all clerks, inspectors, and other employees shall
14be reimbursed for all actual and necessary traveling and other
15expenses and disbursements incurred or made by them in the
16discharge of their official duties. The commission may also
17incur necessary expenses for office furniture and other
18incidental expenses.
19(Source: P.A. 82-783.)"; and
 
20on page 21, line 1, after "personnel" by inserting "and the
21Executive Director"; and
 
22on page 21, line 2, after "personnel" by inserting "and the
23Executive Director"; and
 

 

 

10000SB3022ham001- 5 -LRB100 18964 RPS 40079 a

1on page 21, by replacing lines 5 and 6 with "status and rights
2of the employees and the State of Illinois and its agencies
3under the Personnel Code, the Illinois Public Labor Relations
4Act, and applicable collective"; and
 
5on page 23, immediately below line 9, by inserting the
6following:
 
7    "(235 ILCS 5/5-1)  (from Ch. 43, par. 115)
8    Sec. 5-1. Licenses issued by the Illinois Liquor Control
9Commission shall be of the following classes:
10    (a) Manufacturer's license - Class 1. Distiller, Class 2.
11Rectifier, Class 3. Brewer, Class 4. First Class Wine
12Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
13First Class Winemaker, Class 7. Second Class Winemaker, Class
148. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
1510. Class 1 Brewer, Class 11. Class 2 Brewer,
16    (b) Distributor's license,
17    (c) Importing Distributor's license,
18    (d) Retailer's license,
19    (e) Special Event Retailer's license (not-for-profit),
20    (f) Railroad license,
21    (g) Boat license,
22    (h) Non-Beverage User's license,
23    (i) Wine-maker's premises license,

 

 

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

 

 

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1    Class 3. A Brewer may make sales and deliveries of beer to
2importing distributors and distributors and may make sales as
3authorized under subsection (e) of Section 6-4 of this Act.
4    Class 4. A first class wine-manufacturer may make sales and
5deliveries of up to 50,000 gallons of wine to manufacturers,
6importing distributors and distributors, and to no other
7licensees.
8    Class 5. A second class Wine manufacturer may make sales
9and deliveries of more than 50,000 gallons of wine to
10manufacturers, importing distributors and distributors and to
11no other licensees.
12    Class 6. A first-class wine-maker's license shall allow the
13manufacture of up to 50,000 gallons of wine per year, and the
14storage and sale of such wine to distributors in the State and
15to persons without the State, as may be permitted by law. A
16person who, prior to June 1, 2008 (the effective date of Public
17Act 95-634), is a holder of a first-class wine-maker's license
18and annually produces more than 25,000 gallons of its own wine
19and who distributes its wine to licensed retailers shall cease
20this practice on or before July 1, 2008 in compliance with
21Public Act 95-634.
22    Class 7. A second-class wine-maker's license shall allow
23the manufacture of between 50,000 and 150,000 gallons of wine
24per year, and the storage and sale of such wine to distributors
25in this State and to persons without the State, as may be
26permitted by law. A person who, prior to June 1, 2008 (the

 

 

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1effective date of Public Act 95-634), is a holder of a
2second-class wine-maker's license and annually produces more
3than 25,000 gallons of its own wine and who distributes its
4wine to licensed retailers shall cease this practice on or
5before July 1, 2008 in compliance with Public Act 95-634.
6    Class 8. A limited wine-manufacturer may make sales and
7deliveries not to exceed 40,000 gallons of wine per year to
8distributors, and to non-licensees in accordance with the
9provisions of this Act.
10    Class 9. A craft distiller license shall allow the
11manufacture of up to 100,000 gallons of spirits by distillation
12per year and the storage of such spirits. If a craft distiller
13licensee, including a craft distiller licensee who holds more
14than one craft distiller license, is not affiliated with any
15other manufacturer of spirits, then the craft distiller
16licensee may sell such spirits to distributors in this State
17and up to 2,500 gallons of such spirits to non-licensees to the
18extent permitted by any exemption approved by the Commission
19pursuant to Section 6-4 of this Act. A craft distiller license
20holder may store such spirits at a non-contiguous licensed
21location, but at no time shall a craft distiller license holder
22directly or indirectly produce in the aggregate more than
23100,000 gallons of spirits per year.
24    A craft distiller licensee may hold more than one craft
25distiller's license. However, a craft distiller that holds more
26than one craft distiller license shall not manufacture, in the

 

 

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1aggregate, more than 100,000 gallons of spirits by distillation
2per year and shall not sell, in the aggregate, more than 2,500
3gallons of such spirits to non-licensees in accordance with an
4exemption approved by the State Commission pursuant to Section
56-4 of this Act.
6    Any craft distiller licensed under this Act who on July 28,
72010 (the effective date of Public Act 96-1367) was licensed as
8a distiller and manufactured no more spirits than permitted by
9this Section shall not be required to pay the initial licensing
10fee.
11    Class 10. A class 1 brewer license, which may only be
12issued to a licensed brewer or licensed non-resident dealer,
13shall allow the manufacture of up to 930,000 gallons of beer
14per year provided that the class 1 brewer licensee does not
15manufacture more than a combined 930,000 gallons of beer per
16year and is not a member of or affiliated with, directly or
17indirectly, a manufacturer that produces more than 930,000
18gallons of beer per year or any other alcoholic liquor. A class
191 brewer licensee may make sales and deliveries to importing
20distributors and distributors and to retail licensees in
21accordance with the conditions set forth in paragraph (18) of
22subsection (a) of Section 3-12 of this Act.
23    Class 11. A class 2 brewer license, which may only be
24issued to a licensed brewer or licensed non-resident dealer,
25shall allow the manufacture of up to 3,720,000 gallons of beer
26per year provided that the class 2 brewer licensee does not

 

 

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1manufacture more than a combined 3,720,000 gallons of beer per
2year and is not a member of or affiliated with, directly or
3indirectly, a manufacturer that produces more than 3,720,000
4gallons of beer per year or any other alcoholic liquor. A class
52 brewer licensee may make sales and deliveries to importing
6distributors and distributors, but shall not make sales or
7deliveries to any other licensee. If the State Commission
8provides prior approval, a class 2 brewer licensee may annually
9transfer up to 3,720,000 gallons of beer manufactured by that
10class 2 brewer licensee to the premises of a licensed class 2
11brewer wholly owned and operated by the same licensee.
12    (a-1) A manufacturer which is licensed in this State to
13make sales or deliveries of alcoholic liquor to licensed
14distributors or importing distributors and which enlists
15agents, representatives, or individuals acting on its behalf
16who contact licensed retailers on a regular and continual basis
17in this State must register those agents, representatives, or
18persons acting on its behalf with the State Commission.
19    Registration of agents, representatives, or persons acting
20on behalf of a manufacturer is fulfilled by submitting a form
21to the Commission. The form shall be developed by the
22Commission and shall include the name and address of the
23applicant, the name and address of the manufacturer he or she
24represents, the territory or areas assigned to sell to or
25discuss pricing terms of alcoholic liquor, and any other
26questions deemed appropriate and necessary. All statements in

 

 

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1the forms required to be made by law or by rule shall be deemed
2material, and any person who knowingly misstates any material
3fact under oath in an application is guilty of a Class B
4misdemeanor. Fraud, misrepresentation, false statements,
5misleading statements, evasions, or suppression of material
6facts in the securing of a registration are grounds for
7suspension or revocation of the registration. The State
8Commission shall post a list of registered agents on the
9Commission's website.
10    (b) A distributor's license shall allow the wholesale
11purchase and storage of alcoholic liquors and sale of alcoholic
12liquors to licensees in this State and to persons without the
13State, as may be permitted by law. No person licensed as a
14distributor shall be granted a non-resident dealer's license.
15    (c) An importing distributor's license may be issued to and
16held by those only who are duly licensed distributors, upon the
17filing of an application by a duly licensed distributor, with
18the Commission and the Commission shall, without the payment of
19any fee, immediately issue such importing distributor's
20license to the applicant, which shall allow the importation of
21alcoholic liquor by the licensee into this State from any point
22in the United States outside this State, and the purchase of
23alcoholic liquor in barrels, casks or other bulk containers and
24the bottling of such alcoholic liquors before resale thereof,
25but all bottles or containers so filled shall be sealed,
26labeled, stamped and otherwise made to comply with all

 

 

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

 

 

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1under subsection (e).
2    (e) A special event retailer's license (not-for-profit)
3shall permit the licensee to purchase alcoholic liquors from an
4Illinois licensed distributor (unless the licensee purchases
5less than $500 of alcoholic liquors for the special event, in
6which case the licensee may purchase the alcoholic liquors from
7a licensed retailer) and shall allow the licensee to sell and
8offer for sale, at retail, alcoholic liquors for use or
9consumption, but not for resale in any form and only at the
10location and on the specific dates designated for the special
11event in the license. An applicant for a special event retailer
12license must (i) furnish with the application: (A) a resale
13number issued under Section 2c of the Retailers' Occupation Tax
14Act or evidence that the applicant is registered under Section
152a of the Retailers' Occupation Tax Act, (B) a current, valid
16exemption identification number issued under Section 1g of the
17Retailers' Occupation Tax Act, and a certification to the
18Commission that the purchase of alcoholic liquors will be a
19tax-exempt purchase, or (C) a statement that the applicant is
20not registered under Section 2a of the Retailers' Occupation
21Tax Act, does not hold a resale number under Section 2c of the
22Retailers' Occupation Tax Act, and does not hold an exemption
23number under Section 1g of the Retailers' Occupation Tax Act,
24in which event the Commission shall set forth on the special
25event retailer's license a statement to that effect; (ii)
26submit with the application proof satisfactory to the State

 

 

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1Commission that the applicant will provide dram shop liability
2insurance in the maximum limits; and (iii) show proof
3satisfactory to the State Commission that the applicant has
4obtained local authority approval.
5    (f) A railroad license shall permit the licensee to import
6alcoholic liquors into this State from any point in the United
7States outside this State and to store such alcoholic liquors
8in this State; to make wholesale purchases of alcoholic liquors
9directly from manufacturers, foreign importers, distributors
10and importing distributors from within or outside this State;
11and to store such alcoholic liquors in this State; provided
12that the above powers may be exercised only in connection with
13the importation, purchase or storage of alcoholic liquors to be
14sold or dispensed on a club, buffet, lounge or dining car
15operated on an electric, gas or steam railway in this State;
16and provided further, that railroad licensees exercising the
17above powers shall be subject to all provisions of Article VIII
18of this Act as applied to importing distributors. A railroad
19license shall also permit the licensee to sell or dispense
20alcoholic liquors on any club, buffet, lounge or dining car
21operated on an electric, gas or steam railway regularly
22operated by a common carrier in this State, but shall not
23permit the sale for resale of any alcoholic liquors to any
24licensee within this State. A license shall be obtained for
25each car in which such sales are made.
26    (g) A boat license shall allow the sale of alcoholic liquor

 

 

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1in individual drinks, on any passenger boat regularly operated
2as a common carrier on navigable waters in this State or on any
3riverboat operated under the Riverboat Gambling Act, which boat
4or riverboat maintains a public dining room or restaurant
5thereon.
6    (h) A non-beverage user's license shall allow the licensee
7to purchase alcoholic liquor from a licensed manufacturer or
8importing distributor, without the imposition of any tax upon
9the business of such licensed manufacturer or importing
10distributor as to such alcoholic liquor to be used by such
11licensee solely for the non-beverage purposes set forth in
12subsection (a) of Section 8-1 of this Act, and such licenses
13shall be divided and classified and shall permit the purchase,
14possession and use of limited and stated quantities of
15alcoholic liquor as follows:
16Class 1, not to exceed ......................... 500 gallons
17Class 2, not to exceed ....................... 1,000 gallons
18Class 3, not to exceed ....................... 5,000 gallons
19Class 4, not to exceed ...................... 10,000 gallons
20Class 5, not to exceed ....................... 50,000 gallons
21    (i) A wine-maker's premises license shall allow a licensee
22that concurrently holds a first-class wine-maker's license to
23sell and offer for sale at retail in the premises specified in
24such license not more than 50,000 gallons of the first-class
25wine-maker's wine that is made at the first-class wine-maker's
26licensed premises per year for use or consumption, but not for

 

 

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1resale in any form. A wine-maker's premises license shall allow
2a licensee who concurrently holds a second-class wine-maker's
3license to sell and offer for sale at retail in the premises
4specified in such license up to 100,000 gallons of the
5second-class wine-maker's wine that is made at the second-class
6wine-maker's licensed premises per year for use or consumption
7but not for resale in any form. A wine-maker's premises license
8shall allow a licensee that concurrently holds a first-class
9wine-maker's license or a second-class wine-maker's license to
10sell and offer for sale at retail at the premises specified in
11the wine-maker's premises license, for use or consumption but
12not for resale in any form, any beer, wine, and spirits
13purchased from a licensed distributor. Upon approval from the
14State Commission, a wine-maker's premises license shall allow
15the licensee to sell and offer for sale at (i) the wine-maker's
16licensed premises and (ii) at up to 2 additional locations for
17use and consumption and not for resale. Each location shall
18require additional licensing per location as specified in
19Section 5-3 of this Act. A wine-maker's premises licensee shall
20secure liquor liability insurance coverage in an amount at
21least equal to the maximum liability amounts set forth in
22subsection (a) of Section 6-21 of this Act.
23    (j) An airplane license shall permit the licensee to import
24alcoholic liquors into this State from any point in the United
25States outside this State and to store such alcoholic liquors
26in this State; to make wholesale purchases of alcoholic liquors

 

 

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1directly from manufacturers, foreign importers, distributors
2and importing distributors from within or outside this State;
3and to store such alcoholic liquors in this State; provided
4that the above powers may be exercised only in connection with
5the importation, purchase or storage of alcoholic liquors to be
6sold or dispensed on an airplane; and provided further, that
7airplane licensees exercising the above powers shall be subject
8to all provisions of Article VIII of this Act as applied to
9importing distributors. An airplane licensee shall also permit
10the sale or dispensing of alcoholic liquors on any passenger
11airplane regularly operated by a common carrier in this State,
12but shall not permit the sale for resale of any alcoholic
13liquors to any licensee within this State. A single airplane
14license shall be required of an airline company if liquor
15service is provided on board aircraft in this State. The annual
16fee for such license shall be as determined in Section 5-3.
17    (k) A foreign importer's license shall permit such licensee
18to purchase alcoholic liquor from Illinois licensed
19non-resident dealers only, and to import alcoholic liquor other
20than in bulk from any point outside the United States and to
21sell such alcoholic liquor to Illinois licensed importing
22distributors and to no one else in Illinois; provided that (i)
23the foreign importer registers with the State Commission every
24brand of alcoholic liquor that it proposes to sell to Illinois
25licensees during the license period, (ii) the foreign importer
26complies with all of the provisions of Section 6-9 of this Act

 

 

10000SB3022ham001- 18 -LRB100 18964 RPS 40079 a

1with respect to registration of such Illinois licensees as may
2be granted the right to sell such brands at wholesale, and
3(iii) the foreign importer complies with the provisions of
4Sections 6-5 and 6-6 of this Act to the same extent that these
5provisions apply to manufacturers.
6    (l) (i) A broker's license shall be required of all persons
7who solicit orders for, offer to sell or offer to supply
8alcoholic liquor to retailers in the State of Illinois, or who
9offer to retailers to ship or cause to be shipped or to make
10contact with distillers, rectifiers, brewers or manufacturers
11or any other party within or without the State of Illinois in
12order that alcoholic liquors be shipped to a distributor,
13importing distributor or foreign importer, whether such
14solicitation or offer is consummated within or without the
15State of Illinois.
16    No holder of a retailer's license issued by the Illinois
17Liquor Control Commission shall purchase or receive any
18alcoholic liquor, the order for which was solicited or offered
19for sale to such retailer by a broker unless the broker is the
20holder of a valid broker's license.
21    The broker shall, upon the acceptance by a retailer of the
22broker's solicitation of an order or offer to sell or supply or
23deliver or have delivered alcoholic liquors, promptly forward
24to the Illinois Liquor Control Commission a notification of
25said transaction in such form as the Commission may by
26regulations prescribe.

 

 

10000SB3022ham001- 19 -LRB100 18964 RPS 40079 a

1    (ii) A broker's license shall be required of a person
2within this State, other than a retail licensee, who, for a fee
3or commission, promotes, solicits, or accepts orders for
4alcoholic liquor, for use or consumption and not for resale, to
5be shipped from this State and delivered to residents outside
6of this State by an express company, common carrier, or
7contract carrier. This Section does not apply to any person who
8promotes, solicits, or accepts orders for wine as specifically
9authorized in Section 6-29 of this Act.
10    A broker's license under this subsection (l) shall not
11entitle the holder to buy or sell any alcoholic liquors for his
12own account or to take or deliver title to such alcoholic
13liquors.
14    This subsection (l) shall not apply to distributors,
15employees of distributors, or employees of a manufacturer who
16has registered the trademark, brand or name of the alcoholic
17liquor pursuant to Section 6-9 of this Act, and who regularly
18sells such alcoholic liquor in the State of Illinois only to
19its registrants thereunder.
20    Any agent, representative, or person subject to
21registration pursuant to subsection (a-1) of this Section shall
22not be eligible to receive a broker's license.
23    (m) A non-resident dealer's license shall permit such
24licensee to ship into and warehouse alcoholic liquor into this
25State from any point outside of this State, and to sell such
26alcoholic liquor to Illinois licensed foreign importers and

 

 

10000SB3022ham001- 20 -LRB100 18964 RPS 40079 a

1importing distributors and to no one else in this State;
2provided that (i) said non-resident dealer shall register with
3the Illinois Liquor Control Commission each and every brand of
4alcoholic liquor which it proposes to sell to Illinois
5licensees during the license period, (ii) it shall comply with
6all of the provisions of Section 6-9 hereof with respect to
7registration of such Illinois licensees as may be granted the
8right to sell such brands at wholesale by duly filing such
9registration statement, thereby authorizing the non-resident
10dealer to proceed to sell such brands at wholesale, and (iii)
11the non-resident dealer shall comply with the provisions of
12Sections 6-5 and 6-6 of this Act to the same extent that these
13provisions apply to manufacturers. No person licensed as a
14non-resident dealer shall be granted a distributor's or
15importing distributor's license.
16    (n) A brew pub license shall allow the licensee to only (i)
17manufacture up to 155,000 gallons of beer per year only on the
18premises specified in the license, (ii) make sales of the beer
19manufactured on the premises or, with the approval of the
20Commission, beer manufactured on another brew pub licensed
21premises that is wholly owned and operated by the same licensee
22to importing distributors, distributors, and to non-licensees
23for use and consumption, (iii) store the beer upon the
24premises, (iv) sell and offer for sale at retail from the
25licensed premises for off-premises consumption no more than
26155,000 gallons per year so long as such sales are only made

 

 

10000SB3022ham001- 21 -LRB100 18964 RPS 40079 a

1in-person, (v) sell and offer for sale at retail for use and
2consumption on the premises specified in the license any form
3of alcoholic liquor purchased from a licensed distributor or
4importing distributor, and (vi) with the prior approval of the
5Commission, annually transfer no more than 155,000 gallons of
6beer manufactured on the premises to a licensed brew pub wholly
7owned and operated by the same licensee.
8    A brew pub licensee shall not under any circumstance sell
9or offer for sale beer manufactured by the brew pub licensee to
10retail licensees.
11    A person who holds a class 2 brewer license may
12simultaneously hold a brew pub license if the class 2 brewer
13(i) does not, under any circumstance, sell or offer for sale
14beer manufactured by the class 2 brewer to retail licensees;
15(ii) does not hold more than 3 brew pub licenses in this State;
16(iii) does not manufacture more than a combined 3,720,000
17gallons of beer per year, including the beer manufactured at
18the brew pub; and (iv) is not a member of or affiliated with,
19directly or indirectly, a manufacturer that produces more than
203,720,000 gallons of beer per year or any other alcoholic
21liquor.
22    Notwithstanding any other provision of this Act, a licensed
23brewer, class 2 brewer, or non-resident dealer who before July
241, 2015 manufactured less than 3,720,000 gallons of beer per
25year and held a brew pub license on or before July 1, 2015 may
26(i) continue to qualify for and hold that brew pub license for

 

 

10000SB3022ham001- 22 -LRB100 18964 RPS 40079 a

1the licensed premises and (ii) manufacture more than 3,720,000
2gallons of beer per year and continue to qualify for and hold
3that brew pub license if that brewer, class 2 brewer, or
4non-resident dealer does not simultaneously hold a class 1
5brewer license and is not a member of or affiliated with,
6directly or indirectly, a manufacturer that produces more than
73,720,000 gallons of beer per year or that produces any other
8alcoholic liquor.
9    (o) A caterer retailer license shall allow the holder to
10serve alcoholic liquors as an incidental part of a food service
11that serves prepared meals which excludes the serving of snacks
12as the primary meal, either on or off-site whether licensed or
13unlicensed.
14    (p) An auction liquor license shall allow the licensee to
15sell and offer for sale at auction wine and spirits for use or
16consumption, or for resale by an Illinois liquor licensee in
17accordance with provisions of this Act. An auction liquor
18license will be issued to a person and it will permit the
19auction liquor licensee to hold the auction anywhere in the
20State. An auction liquor license must be obtained for each
21auction at least 14 days in advance of the auction date.
22    (q) A special use permit license shall allow an Illinois
23licensed retailer to transfer a portion of its alcoholic liquor
24inventory from its retail licensed premises to the premises
25specified in the license hereby created, and to sell or offer
26for sale at retail, only in the premises specified in the

 

 

10000SB3022ham001- 23 -LRB100 18964 RPS 40079 a

1license hereby created, the transferred alcoholic liquor for
2use or consumption, but not for resale in any form. A special
3use permit license may be granted for the following time
4periods: one day or less; 2 or more days to a maximum of 15 days
5per location in any 12-month period. An applicant for the
6special use permit license must also submit with the
7application proof satisfactory to the State Commission that the
8applicant will provide dram shop liability insurance to the
9maximum limits and have local authority approval.
10    (r) A winery shipper's license shall allow a person with a
11first-class or second-class wine manufacturer's license, a
12first-class or second-class wine-maker's license, or a limited
13wine manufacturer's license or who is licensed to make wine
14under the laws of another state to ship wine made by that
15licensee directly to a resident of this State who is 21 years
16of age or older for that resident's personal use and not for
17resale. Prior to receiving a winery shipper's license, an
18applicant for the license must provide the Commission with a
19true copy of its current license in any state in which it is
20licensed as a manufacturer of wine. An applicant for a winery
21shipper's license must also complete an application form that
22provides any other information the Commission deems necessary.
23The application form shall include all addresses from which the
24applicant for a winery shipper's license intends to ship wine,
25including the name and address of any third party, except for a
26common carrier, authorized to ship wine on behalf of the

 

 

10000SB3022ham001- 24 -LRB100 18964 RPS 40079 a

1manufacturer. The application form shall include an
2acknowledgement consenting to the jurisdiction of the
3Commission, the Illinois Department of Revenue, and the courts
4of this State concerning the enforcement of this Act and any
5related laws, rules, and regulations, including authorizing
6the Department of Revenue and the Commission to conduct audits
7for the purpose of ensuring compliance with Public Act 95-634,
8and an acknowledgement that the wine manufacturer is in
9compliance with Section 6-2 of this Act. Any third party,
10except for a common carrier, authorized to ship wine on behalf
11of a first-class or second-class wine manufacturer's licensee,
12a first-class or second-class wine-maker's licensee, a limited
13wine manufacturer's licensee, or a person who is licensed to
14make wine under the laws of another state shall also be
15disclosed by the winery shipper's licensee, and a copy of the
16written appointment of the third-party wine provider, except
17for a common carrier, to the wine manufacturer shall be filed
18with the State Commission as a supplement to the winery
19shipper's license application or any renewal thereof. The
20winery shipper's license holder shall affirm under penalty of
21perjury, as part of the winery shipper's license application or
22renewal, that he or she only ships wine, either directly or
23indirectly through a third-party provider, from the licensee's
24own production.
25    Except for a common carrier, a third-party provider
26shipping wine on behalf of a winery shipper's license holder is

 

 

10000SB3022ham001- 25 -LRB100 18964 RPS 40079 a

1the agent of the winery shipper's license holder and, as such,
2a winery shipper's license holder is responsible for the acts
3and omissions of the third-party provider acting on behalf of
4the license holder. A third-party provider, except for a common
5carrier, that engages in shipping wine into Illinois on behalf
6of a winery shipper's license holder shall consent to the
7jurisdiction of the State Commission and the State. Any
8third-party, except for a common carrier, holding such an
9appointment shall, by February 1 of each calendar year and upon
10request by the State Commission or the Department of Revenue,
11file with the State Commission a statement detailing each
12shipment made to an Illinois resident. The statement shall
13include the name and address of the third-party provider filing
14the statement, the time period covered by the statement, and
15the following information:
16        (1) the name, address, and license number of the winery
17    shipper on whose behalf the shipment was made;
18        (2) the quantity of the products delivered; and
19        (3) the date and address of the shipment.
20If the Department of Revenue or the State Commission requests a
21statement under this paragraph, the third-party provider must
22provide that statement no later than 30 days after the request
23is made. Any books, records, supporting papers, and documents
24containing information and data relating to a statement under
25this paragraph shall be kept and preserved for a period of 3
26years, unless their destruction sooner is authorized, in

 

 

10000SB3022ham001- 26 -LRB100 18964 RPS 40079 a

1writing, by the Director of Revenue, and shall be open and
2available to inspection by the Director of Revenue or the State
3Commission or any duly authorized officer, agent, or employee
4of the State Commission or the Department of Revenue, at all
5times during business hours of the day. Any person who violates
6any provision of this paragraph or any rule of the State
7Commission for the administration and enforcement of the
8provisions of this paragraph is guilty of a Class C
9misdemeanor. In case of a continuing violation, each day's
10continuance thereof shall be a separate and distinct offense.
11    The State Commission shall adopt rules as soon as
12practicable to implement the requirements of Public Act 99-904
13and shall adopt rules prohibiting any such third-party
14appointment of a third-party provider, except for a common
15carrier, that has been deemed by the State Commission to have
16violated the provisions of this Act with regard to any winery
17shipper licensee.
18    A winery shipper licensee must pay to the Department of
19Revenue the State liquor gallonage tax under Section 8-1 for
20all wine that is sold by the licensee and shipped to a person
21in this State. For the purposes of Section 8-1, a winery
22shipper licensee shall be taxed in the same manner as a
23manufacturer of wine. A licensee who is not otherwise required
24to register under the Retailers' Occupation Tax Act must
25register under the Use Tax Act to collect and remit use tax to
26the Department of Revenue for all gallons of wine that are sold

 

 

10000SB3022ham001- 27 -LRB100 18964 RPS 40079 a

1by the licensee and shipped to persons in this State. If a
2licensee fails to remit the tax imposed under this Act in
3accordance with the provisions of Article VIII of this Act, the
4winery shipper's license shall be revoked in accordance with
5the provisions of Article VII of this Act. If a licensee fails
6to properly register and remit tax under the Use Tax Act or the
7Retailers' Occupation Tax Act for all wine that is sold by the
8winery shipper and shipped to persons in this State, the winery
9shipper's license shall be revoked in accordance with the
10provisions of Article VII of this Act.
11    A winery shipper licensee must collect, maintain, and
12submit to the Commission on a semi-annual basis the total
13number of cases per resident of wine shipped to residents of
14this State. A winery shipper licensed under this subsection (r)
15must comply with the requirements of Section 6-29 of this Act.
16    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
17Section 3-12, the State Commission may receive, respond to, and
18investigate any complaint and impose any of the remedies
19specified in paragraph (1) of subsection (a) of Section 3-12.
20    As used in this subsection, "third-party provider" means
21any entity that provides fulfillment house services, including
22warehousing, packaging, distribution, order processing, or
23shipment of wine, but not the sale of wine, on behalf of a
24licensed winery shipper.
25    (s) A craft distiller tasting permit license shall allow an
26Illinois licensed craft distiller to transfer a portion of its

 

 

10000SB3022ham001- 28 -LRB100 18964 RPS 40079 a

1alcoholic liquor inventory from its craft distiller licensed
2premises to the premises specified in the license hereby
3created and to conduct a sampling, only in the premises
4specified in the license hereby created, of the transferred
5alcoholic liquor in accordance with subsection (c) of Section
66-31 of this Act. The transferred alcoholic liquor may not be
7sold or resold in any form. An applicant for the craft
8distiller tasting permit license must also submit with the
9application proof satisfactory to the State Commission that the
10applicant will provide dram shop liability insurance to the
11maximum limits and have local authority approval.
12(Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16;
1399-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff.
141-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17.)".