For these reasons, the Commission shall establish
a system to notify the out-of-state trade of this prohibition
and to detect violations. The Commission shall request
the Attorney General to extradite any offender.
(b) Pursuant to the
Twenty-First Amendment of the United States Constitution allowing states to
regulate the distribution and sale of alcoholic liquor and pursuant to the
federal Webb-Kenyon Act declaring that alcoholic liquor shipped in interstate
commerce must comply with state laws, the General Assembly hereby finds and
declares that selling alcoholic liquor from a point outside this State
through various direct marketing means, such as catalogs,
newspapers, mailers, and the Internet,
directly to residents of this State poses a serious threat
to the State's efforts to prevent youths from accessing alcoholic liquor;
to State revenue collections; and to the economy of this State.
Any person manufacturing, distributing, or selling
alcoholic liquor who knowingly ships or transports or causes the shipping or
transportation of any alcoholic liquor from a point outside this State to a
person in this State who does not hold a manufacturer's, distributor's,
importing distributor's, or non-resident dealer's license issued by the Liquor
Control Commission, other than a shipment of sacramental wine to a bona fide
religious organization, a shipment authorized by Section 6-29, subparagraph (17) of Section 3-12, or any other
shipment authorized by this Act, is in violation of this Act.
The Commission, upon determining, after investigation, that a person
has violated this Section, shall give notice to the person by certified mail to
cease and desist all shipments of
alcoholic liquor into this State and to withdraw from this State within 5
working days after receipt of the notice all shipments of alcoholic liquor then
in transit. A person who violates the cease and desist notice is subject to the applicable penalties in subsection (a) of Section 10-1 of this Act.
(Source: P.A. 99-904, eff. 1-1-17