(815 ILCS 720/1.1)
(from Ch. 43, par. 301.1)
As used in this Act:
(1) "Beer" means a beverage obtained by the alcoholic fermentation of an
infusion or concoction of barley, or other grain, malt, and hops in water,
and includes, among other things, beer, ale, stout, lager beer, porter and
For purposes of this Act only, the term "beer" shall also include malt
beverage products containing less
than one-half of 1% of alcohol by volume and marketed for adult consumption as
an alternative beverage to beer.
(2) "Agreement" means any contract, agreement, arrangement,
standards, or amendments to a contract, agreement, arrangement, or operating
standards, the effect of which is to substantially change or modify
the existing contract, agreement, arrangement, or operating standards,
expressed or implied, whether oral or written, for a definite or indefinite
period between a brewer and a wholesaler pursuant to which a wholesaler
has been granted the right to purchase, resell, and distribute as
wholesaler or master distributor
or brands of beer offered by a brewer. The agreement between a brewer
and wholesaler shall not be considered a franchise relationship.
(3) "Wholesaler" or "beer wholesaler" means any person, other than a
manufacturer licensed under the Liquor Control Act of 1934, who is
engaged in this State in purchasing, storing, possessing or warehousing any
alcoholic liquors for resale or reselling at wholesale, whether within or
without this State.
(4) "Brewer" means a person who is engaged in the manufacture of beer,
a master distributor as defined in this
successor brewer as defined in this Section, a non-resident dealer under the
provisions of the Liquor Control Act of 1934, a foreign importer under the
provisions of the Liquor Control Act of 1934, or a person who owns or controls
the trademark, brand, or name of beer.
(4.5) "Brand" means any word, name, group of letters, symbols, or any combination thereof that is adopted and used by a brewer to identify a specific beer product and to distinguish that beer product from another beer product.
(4.7) "Brand extension" means any brand that incorporates all or a substantial part of the features of a pre-existing brand of the same brewer and that relies to a significant extent on the good will associated with the pre-existing brand.
(5) "Master Distributor" means a person who, in addition to being a
wholesaler, acts in the same or
similar capacity as a brewer or outside seller of one or more brands of
beer to other wholesalers on a regular basis in the normal course of
(6) "Successor Brewer" means any person who in any way
obtains the distribution rights that a
brewer, non-resident dealer, foreign importer, or master distributor once had
to manufacture or distribute a brand or brands
of beer whether by merger, purchase of corporate shares, purchase of
assets, or any other arrangement, including but not limited to any arrangements transferring the ownership or control of the trademark, brand or name of the brand.
(7) "Person" means a natural person, partnership, corporation, trust,
agency, or other form of business enterprise. Person also includes heirs,
assigns, personal representatives and guardians.
(8) "Territory" or "sales territory" means the exclusive geographic area of primary
sales responsibility designated by the agreement between a wholesaler and
brewer for any brand, brands, or brand extensions of the brewer. The "territory" or "sales territory" designated by the agreement may not be designated by address or specific location unless such specific address or location is part of a general and broad territory or sales territory description. The designation of a territory or sales territory in violation of this subsection is prohibited by this Act and deemed discriminatory.
(9) "Good cause" exists if the wholesaler or affected party has failed
to comply with essential and reasonable requirements imposed upon the
wholesaler or affected party by the agreement. The requirements may not be
discriminating either by their terms or in the methods of their enforcement
as compared with requirements imposed on other similarly situated
wholesalers by the brewer. The requirements may not be inconsistent with
this Act or in violation of any law or regulation.
(10) "Good faith" means honesty in fact and the observance of reasonable
commercial standards of fair dealing in the trade as defined and
interpreted under Section 2-103 of the Uniform Commercial Code.
(11) "Reasonable standards and qualifications" means those criteria
applied by the brewer to similarly situated wholesalers during a period of
24 months before the proposed change in manager or successor manager of the
(12) "Affected party" means a wholesaler, brewer, master distributor,
successor brewer, or any person that is a party to an agreement.
(13) "Signs" means signs described in Section 6-6 of the Liquor Control
Act of 1934.
(14) "Advertising materials" means advertising materials described in
Section 6-6 of the Liquor Control Act of 1934.
(Source: P.A. 95-240, eff. 8-17-07; 95-789, eff. 8-7-08; 96-662, eff. 8-25-09.)