Illinois Compiled Statutes
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235 ILCS 5/10-1
(235 ILCS 5/10-1)
(from Ch. 43, par. 183)
Whereas a substantial threat
to the sound and careful control, regulation, and taxation of the
manufacture, sale, and distribution of alcoholic liquors exists by virtue
of individuals who manufacture,
import, distribute, or sell alcoholic liquors within the State without
having first obtained a valid license to do so, and whereas such threat is
especially serious along the borders of this State, and whereas such threat
requires immediate correction by this Act, by active investigation and
prosecution by law enforcement officials and prosecutors, and by prompt and
strict enforcement through the courts of this State to punish violators and
to deter such conduct in the future:
(a) Any person who manufactures, imports
for distribution or use, transports from outside this State into this State, or distributes or sells 108 liters (28.53 gallons) or more of wine, 45 liters (11.88 gallons) or more of distilled spirits, or 118 liters (31.17 gallons) or more of beer at any
place within the State without having first obtained a valid license to do
so under the provisions of this Act shall be guilty of a Class 4 felony for each offense. However, any person who was duly licensed under this Act and whose license expired within 30 days prior to a violation shall be guilty of a business offense and fined not more than $1,000 for the first such offense and shall be guilty of a Class 4 felony for each subsequent offense.
Any person who manufactures, imports for distribution, transports from outside this State into this State for sale or resale in this State, or distributes or sells less than 108 liters (28.53 gallons) of wine, less than 45 liters (11.88 gallons) of distilled spirits, or less than 118 liters (31.17 gallons) of beer at any place within the State without having first obtained a valid license to do so under the provisions of this Act shall be guilty of a business offense and fined not more than $1,000 for the first such offense and shall be guilty of a Class 4 felony for each subsequent offense. This subsection does not apply to a motor carrier or freight forwarder, as defined in Section 13102 of Title 49 of the United States Code, an air carrier, as defined in Section 40102 of Title 49 of the United States Code, or a rail carrier, as defined in Section 10102 of Title 49 of the United States Code.
Any person who both has been issued an initial cease and desist notice from the State Commission and for compensation ships alcoholic liquor into this State without a license authorized by Section 5-1 issued by the State Commission or in violation of that license is guilty of a Class 4 felony for each offense.
(b) (1) Any retailer, licensed in this State, who knowingly causes to
give, sell, or otherwise being within the State, any alcoholic liquor destined
to be used, distributed, consumed or sold in another state, unless such
alcoholic liquor was received in this State by a duly licensed distributor,
or importing distributors shall have his license suspended for 7 days for
the first offense and for the second offense, shall have his license
revoked by the Commission.
(2) In the event the Commission receives a certified copy of a final order
from a foreign jurisdiction that an Illinois retail licensee has been found to
have violated that foreign jurisdiction's laws, rules, or regulations
concerning the importation of alcoholic liquor into that foreign jurisdiction,
the violation may be grounds for the Commission to revoke, suspend, or refuse
issue or renew a license, to impose a fine, or to take any additional action
provided by this Act with respect to the Illinois retail license or licensee.
Any such action on the part of the Commission shall be in accordance with this
Act and implementing rules.
For the purposes of paragraph (2): (i) "foreign jurisdiction" means a
state, territory, or possession of the United States, the District of Columbia,
or the Commonwealth of Puerto Rico, and (ii) "final order" means an order or
judgment of a court or administrative body that determines the rights of the
parties respecting the subject matter of the proceeding, that remains in full
force and effect, and from which no appeal can be taken.
(c) Any person who shall make any false statement or otherwise
violates any of the provisions of this Act in obtaining any license
hereunder, or who having obtained a license hereunder shall violate any
of the provisions of this Act with respect to the manufacture,
possession, distribution or sale of alcoholic liquor, or with respect to
the maintenance of the licensed premises, or shall violate any other
provision of this Act, shall for a first offense be guilty of a petty
offense and fined not more than $500, and for a second or subsequent
offense shall be guilty of a Class B misdemeanor.
(c-5) Any owner of an establishment that serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol, who knowingly fails to prohibit concealed firearms on its premises or who knowingly makes a false statement or record to avoid the prohibition of concealed firearms on its premises under the Firearm Concealed Carry Act shall be guilty of a business offense with a fine up to $5,000.
(d) Each day any person engages in business as a manufacturer,
foreign importer, importing distributor, distributor or retailer in
violation of the provisions of this Act shall constitute a separate offense.
(e) Any person, under the age of 21 years who, for the purpose
of buying, accepting or receiving alcoholic liquor from a
licensee, represents that he is 21 years of age or over shall be guilty
of a Class A misdemeanor.
(f) In addition to the penalties herein provided, any person
licensed as a wine-maker in either class who manufactures more wine than
authorized by his license shall be guilty of a business offense and shall be
fined $1 for each gallon so manufactured.
(g) A person shall be exempt from prosecution for a violation of this
Act if he is a peace officer in the enforcement of the criminal laws and
such activity is approved in writing by one of the following:
(1) In all counties, the respective State's Attorney;
(2) The Director of State Police under Section
2605-10, 2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115, 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, 2605-205, 2605-210, 2605-215, 2605-250, 2605-275, 2605-300, 2605-305, 2605-315, 2605-325, 2605-335, 2605-340, 2605-350, 2605-355, 2605-360, 2605-365, 2605-375, 2605-390, 2605-400, 2605-405, 2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the Department of State Police Law (20 ILCS 2605/2605-10, 2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105, 2605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130, 2605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205, 2605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275, 2605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325, 2605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355, 2605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390, 2605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430, 2605/2605-435, 2605/2605-500, 2605/2605-525, or 2605/2605-550); or
(3) In cities over 1,000,000, the Superintendent of
(Source: P.A. 98-63, eff. 7-9-13; 99-904, eff. 1-1-17