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Public Act 098-0055


 

Public Act 0055 98TH GENERAL ASSEMBLY



 


 
Public Act 098-0055
 
HB0630 EnrolledLRB098 03452 MGM 33467 b

    AN ACT concerning liquor.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Liquor Control Act of 1934 is amended by
changing Section 5-3 and by adding Sections 1-3.39 and 6-36 as
follows:
 
    (235 ILCS 5/1-3.39 new)
    Sec. 1-3.39. Homemade brewed beverage. "Homemade brewed
beverage" means beer or any other beverage obtained by the
alcoholic fermentation of an infusion or concoction of grains,
sugars, or both in water and includes, but is not limited to,
beer, mead, and cider made by a person 21 years of age or
older, through his or her own efforts, fermented at his or her
place of residence, fermented at another place of residence of
a homemade brewed beverage brewer, or fermented at a premises
of a commercial enterprise that is engaged primarily in selling
supplies and equipment for use by home brewers and not for a
commercial purpose but for consumption by that person or his or
her family, neighbors, guests, and friends or for use at an
exhibition, demonstration, judging, tasting, or sampling with
sampling sizes as authorized by Section 6-31 of this Act or as
part of a contest or competition authorized by Section 6-36 of
this Act.
 
    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
    Sec. 5-3. License fees. Except as otherwise provided
herein, at the time application is made to the State Commission
for a license of any class, the applicant shall pay to the
State Commission the fee hereinafter provided for the kind of
license applied for.
    The fee for licenses issued by the State Commission shall
be as follows:
    For a manufacturer's license:
    Class 1. Distiller .............................$3,600
    Class 2. Rectifier .............................3,600
    Class 3. Brewer ................................900
    Class 4. First-class Wine Manufacturer .........600
    Class 5. Second-class
        Wine Manufacturer ..........................1,200
    Class 6. First-class wine-maker ................600
    Class 7. Second-class wine-maker ...............1200
    Class 8. Limited Wine Manufacturer..............120
    Class 9. Craft Distiller........................ 1,800
    Class 10. Craft Brewer..........................25
    For a Brew Pub License .........................1,050
    For a caterer retailer's license................200
    For a foreign importer's license ...............25
    For an importing distributor's license .........25
    For a distributor's license ....................270
    For a non-resident dealer's license
        (500,000 gallons or over) ..................270
    For a non-resident dealer's license
        (under 500,000 gallons) ....................90
    For a wine-maker's premises license ............100
    For a winery shipper's license
        (under 250,000 gallons).....................150
    For a winery shipper's license
        (250,000 or over, but under 500,000 gallons).500
    For a winery shipper's license
        (500,000 gallons or over)...................1,000
    For a wine-maker's premises license,
        second location ............................350
    For a wine-maker's premises license,
        third location .............................350
    For a retailer's license .......................500
    For a special event retailer's license,
        (not-for-profit) ...........................25
    For a special use permit license,
        one day only ...............................50
        2 days or more .............................100
    For a railroad license .........................60
    For a boat license .............................180
    For an airplane license, times the
        licensee's maximum number of aircraft
        in flight, serving liquor over the
        State at any given time, which either
        originate, terminate, or make
        an intermediate stop in the State ..........60
    For a non-beverage user's license:
        Class 1 ....................................24
        Class 2 ....................................60
        Class 3 ....................................120
        Class 4 ....................................240
        Class 5 ....................................600
    For a broker's license .........................600
    For an auction liquor license ..................50
    For a homebrewer special event permit........... 25
    Fees collected under this Section shall be paid into the
Dram Shop Fund. On and after July 1, 2003, of the funds
received for a retailer's license, in addition to the first
$175, an additional $75 shall be paid into the Dram Shop Fund,
and $250 shall be paid into the General Revenue Fund. Beginning
June 30, 1990 and on June 30 of each subsequent year through
June 29, 2003, any balance over $5,000,000 remaining in the
Dram Shop Fund shall be credited to State liquor licensees and
applied against their fees for State liquor licenses for the
following year. The amount credited to each licensee shall be a
proportion of the balance in the Dram Fund that is the same as
the proportion of the license fee paid by the licensee under
this Section for the period in which the balance was
accumulated to the aggregate fees paid by all licensees during
that period.
    No fee shall be paid for licenses issued by the State
Commission to the following non-beverage users:
        (a) Hospitals, sanitariums, or clinics when their use
    of alcoholic liquor is exclusively medicinal, mechanical
    or scientific.
        (b) Universities, colleges of learning or schools when
    their use of alcoholic liquor is exclusively medicinal,
    mechanical or scientific.
        (c) Laboratories when their use is exclusively for the
    purpose of scientific research.
(Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11.)
 
    (235 ILCS 5/6-36 new)
    Sec. 6-36. Homemade brewed beverages.
    (a) No license or permit is required under this Act for the
making of homemade brewed beverages or for the possession,
transportation, or storage of homemade brewed beverages by any
person 21 years of age or older, if all of the following apply:
        (1) the person who makes the homemade brewed beverages
    receives no compensation;
        (2) the homemade brewed beverages is not sold or
    offered for sale; and
        (3) the total quantity of homemade brewed beverages
    made, in a calendar year, by the person does not exceed 100
    gallons if the household has only one person 21 years of
    age or older or 200 gallons if the household has 2 or more
    persons 21 years of age or older.
    (b) A person who makes, possesses, transports, or stores
homemade brewed beverages in compliance with the limitations
specified in subsection (a) is not a brewer, craft brewer,
wholesaler, retailer, or a manufacturer of beer for the
purposes of this Act.
    (c) Homemade brewed beverages made in compliance with the
limitations specified in subsection (a) may be consumed by the
person who made it and his or her family, neighbors, and
friends at any private residence or other private location
where the possession and consumption of alcohol is permissible
under this Act, local ordinances, and other applicable law,
provided that the homemade brewed beverages are not made
available for consumption by the general public.
    (d) Homemade brewed beverages made in compliance with the
limitations specified in subsection (a) may be used for
purposes of a public exhibition, demonstration, tasting, or
sampling with sampling sizes as authorized by Section 6-31, if
the event is held at a private residence or at a location other
than a retail licensed premises. If the public event is not
held at a private residence, the event organizer shall obtain a
homebrewer special event permit for each location, and is
subject to the provisions in subsection (a) of Section 6-21.
Homemade brewed beverages used for purposes described in this
subsection (d), including the submission or consumption of the
homemade brewed beverages, are not considered sold or offered
for sale under this Act. A public exhibition, demonstration,
tasting, or sampling with sampling sizes as authorized by
Section 6-31 held by a licensee on a location other than a
retail licensed premises may require an admission charge to the
event, but no separate or additional fee may be charged for the
consumption of a person's homemade brewed beverages at the
public exhibition, demonstration, tasting, or sampling with
sampling sizes as authorized by Section 6-31. Event admission
charges that are collected may be partially used to provide
prizes to makers of homemade brewed beverages, but the
admission charges may not be divided in any fashion among the
makers of the homemade brewed beverages who participate in the
event. Homemade brewed beverages used for purposes described in
this subsection (d) are not considered sold or offered for sale
under this Act if a maker of homemade brewed beverages receives
free event admission or discounted event admission in return
for the maker's donation of the homemade brewed beverages to an
event specified in this subsection (d) that collects event
admission charges; free admission or discounted admission to
the event is not considered compensation under this Act. No
admission fee and no charge for the consumption of a person's
homemade brewed beverage may be collected if the public
exhibition, demonstration, tasting, sampling with sampling
sizes as authorized by Section 6-31 is held at a private
residence.
    (e) A person who is not a licensee under this Act may at a
private residence, and a person who is a licensee under this
Act may on the licensed premises, conduct, sponsor, or host a
contest, competition, or other event for the exhibition,
demonstration, judging, tasting, or sampling of homemade
brewed beverages made in compliance with the limitations
specified in subsection (a), if the person does not sell the
homemade brewed beverages and, unless the person is the brewer
of the homemade brewed beverages, does not acquire any
ownership interest in the homemade brewed beverages. If the
contest, competition, exhibition, demonstration, or judging is
not held at a private residence, the consumption of the
homemade brewed beverages is limited to qualified judges and
stewards as defined by a national or international beer judging
program, who are identified by the event organizer in advance
of the contest, competition, exhibition, demonstration, or
judging. Homemade brewed beverages used for the purposes
described in this subsection (e), including the submission or
consumption of the homemade brewed beverages, are not
considered sold or offered for sale under this Act and any
prize awarded at a contest or competition or as a result of an
exhibition, demonstration, or judging is not considered
compensation under this Act. An exhibition, demonstration,
judging, contest, or competition held by a licensee on a
licensed premises may require an admission charge to the event,
but no separate or additional fee may be charged for the
consumption of a person's homemade brewed beverage at the
exhibition, demonstration, judging, contest, or competition. A
portion of event admission charges that are collected may be
used to provide prizes to makers of homemade brewed beverages,
but the admission charges may not be divided in any fashion
among the makers of the homemade brewed beverages who
participate in the event. Homemade brewed beverages used for
purposes described in this subsection (e) are not considered
sold or offered for sale under this Act if a maker of homemade
brewed beverages receives free event admission or discounted
event admission in return for the maker's donation of the
homemade brewed beverages to an event specified in this
subsection (e) that collects event admission charges; free
admission or discounted admission to the event is not
considered compensation under this Act. No admission fee and no
charge for the consumption of a person's homemade brewed
beverage may be charged if the exhibition, demonstration,
judging, contest, or competition is held at a private
residence. The fact that a person is acting in a manner
authorized by this Section is not, by itself, sufficient to
constitute a public nuisance under Section 10-7 of this Act. If
the contest, competition, or other event is held on licensed
premises, the licensee may allow the homemade brewed beverages
to be stored on the premises if the homemade brewed beverages
are clearly identified, kept separate from any alcohol
beverages owned by the licensee. If the contest, competition,
or other event is held on licensed premises, other provisions
of this Act not inconsistent with this Section apply.
    (f) A commercial enterprise engaged primarily in selling
supplies and equipment to the public for use by homebrewers may
manufacture homemade brewed beverages for the purpose of
tasting the homemade brewed beverages at the location of the
commercial enterprise, provided that the homemade brewed
beverages are not sold or offered for sale. Homemade brewed
beverages provided at a commercial enterprise for tasting under
this subsection (f) shall be in compliance with Sections 6-16,
6-21, and 6-31 of this Act. A commercial enterprise engaged
solely in selling supplies and equipment for use by homebrewers
shall not be required to secure a license under this Act,
however, such commercial enterprise shall secure liquor
liability insurance coverage in an amount at least equal to the
maximum liability amounts set forth in subsection (a) of
Section 6-21 of this Act.
    (g) Homemade brewed beverages are not subject to Section
8-1 of this Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/5/2013