Public Act 90-0739 of the 90th General Assembly
Public Act 90-0739
HB2700 Enrolled LRB9009629LDdvA
AN ACT to amend the Liquor Control Act of 1934 by
changing Sections 1-3.28, 2-1, 3-12, 5-1, 6-16, 8-12, 10-1,
and 10-7.1 and adding Sections 6-17.2 and 6-29.1.
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 Sections 1-3.28, 2-1, 3-12, 5-1, 6-16, 8-12, 10-1,
and 10-7.1 and adding Sections 6-17.2 and 6-29.1 as follows:
(235 ILCS 5/1-3.28) (from Ch. 43, par. 95.28)
Sec. 1-3.28. "Broker" means (i) a person who solicits
orders for or offers to sell or supply alcoholic liquors to
retailers for a fee or commission, for or on behalf of a
person authorized to manufacture or sell at wholesale
alcoholic liquors within or without the State or (ii) a
person within this State, other than a retail licensee, who,
for a fee or commission, promotes, solicits, or accepts
orders for alcoholic liquor, for use or consumption and not
for resale, to be shipped from this State and delivered to
residents outside of this State by an express company, common
carrier, or contract carrier. This Section does not apply to
any person who promotes, solicits, or accepts orders for wine
as specifically authorized in Section 6-29 of this Act.
(Source: P.A. 82-783.)
(235 ILCS 5/2-1) (from Ch. 43, par. 96)
Sec. 2-1. No person shall manufacture, bottle, blend,
sell, barter, transport, transfer into this State from a
point outside this State, deliver, furnish or possess any
alcoholic liquor for beverage purposes, unless such person
has been issued a license by the Commission or except as
permitted by Section 6-29 of this Act or except except as
otherwise specifically provided in this Act;, provided,
however, nothing herein contained shall prevent the
possession and transportation of alcoholic liquor by the
possessor for the personal use of the possessor, his family
and guests, nor prevent the making of wine, cider or other
alcoholic liquor by a person from fruits, vegetables or
grains, or the products thereof, by simple fermentation and
without distillation, if it is made solely for the use of the
maker, his family and his guests; and provided further that
nothing herein contained shall prevent any duly licensed
practicing physician or dentist from possessing or using
alcoholic liquor in the strict practice of his profession, or
any hospital or other institution caring for sick and
diseased persons, from possessing and using alcoholic liquor
for the treatment of bona fide patients of such hospital or
other institution; and provided further that any drug store
employing a licensed pharmacist may possess and use alcoholic
liquors in the concoction of prescriptions of duly licensed
physicians; and provided further, that the possession and
dispensation of wine by an authorized representative of any
church for the purpose of conducting any bona fide rite or
religious ceremony conducted by such church shall not be
prohibited by this Act.
(Source: P.A. 82-783.)
(235 ILCS 5/3-12) (from Ch. 43, par. 108)
Sec. 3-12. (a) The State commission shall have the
following powers, functions and duties:
(1) To receive applications and to issue licenses to
manufacturers, foreign importers, importing distributors,
distributors, non-resident dealers, on premise consumption
retailers, off premise sale retailers, special event retailer
licensees, special use permit licenses, auction liquor
licenses, brew pubs, caterer retailers, non-beverage users,
railroads, including owners and lessees of sleeping, dining
and cafe cars, airplanes, and boats, brokers, and wine
maker's retail licensees in accordance with the provisions of
this Act, and to suspend or revoke such licenses upon the
State commission's determination, upon notice after hearing,
that a licensee has violated any provision of this Act or any
rule or regulation issued pursuant thereto and in effect for
30 days prior to such violation.
In lieu of suspending or revoking a license, the
commission may impose a fine, upon the State commission's
determination and notice after hearing, that a licensee has
violated any provision of this Act or any rule or regulation
issued pursuant thereto and in effect for 30 days prior to
such violation. The fine imposed under this paragraph may
not exceed $500 for each violation. Each day that the
activity, which gave rise to the original fine, continues is
a separate violation. The maximum fine that may be levied
against any licensee, for the period of the license, shall
not exceed $20,000. The maximum penalty that may be imposed
on a licensee for selling a bottle of alcoholic liquor with a
foreign object in it or serving from a bottle of alcoholic
liquor with a foreign object in it shall be the destruction
of that bottle of alcoholic liquor for the first 10 bottles
so sold or served from by the licensee. For the eleventh
bottle of alcoholic liquor and for each third bottle
thereafter sold or served from by the licensee with a foreign
object in it, the maximum penalty that may be imposed on the
licensee is the destruction of the bottle of alcoholic liquor
and a fine of up to $50.
(2) To adopt such rules and regulations consistent with
the provisions of this Act which shall be necessary to carry
on its functions and duties to the end that the health,
safety and welfare of the People of the State of Illinois
shall be protected and temperance in the consumption of
alcoholic liquors shall be fostered and promoted and to
distribute copies of such rules and regulations to all
licensees affected thereby.
(3) To call upon other administrative departments of the
State, county and municipal governments, county and city
police departments and upon prosecuting officers for such
information and assistance as it deems necessary in the
performance of its duties.
(4) To recommend to local commissioners rules and
regulations, not inconsistent with the law, for the
distribution and sale of alcoholic liquors throughout the
State.
(5) To inspect, or cause to be inspected, any premises
in this State where alcoholic liquors are manufactured,
distributed, warehoused, or sold.
(5.1) Upon receipt of a complaint or upon having
knowledge that any person is engaged in business as a
manufacturer, importing distributor, distributor, or retailer
without a license or valid license, to notify the local
liquor authority, file a complaint with the State's
Attorney's Office of the county where the incident occurred,
or initiate an investigation with the appropriate law
enforcement officials.
(5.2) To issue a cease and desist notice to persons
shipping alcoholic liquor into this State from a point
outside of this State if the shipment is in violation of this
Act.
(6) To hear and determine appeals from orders of a local
commission in accordance with the provisions of this Act, as
hereinafter set forth. Hearings under this subsection shall
be held in Springfield or Chicago, at whichever location is
the more convenient for the majority of persons who are
parties to the hearing.
(7) The commission shall establish uniform systems of
accounts to be kept by all retail licensees having more than
4 employees, and for this purpose the commission may classify
all retail licensees having more than 4 employees and
establish a uniform system of accounts for each class and
prescribe the manner in which such accounts shall be kept.
The commission may also prescribe the forms of accounts to be
kept by all retail licensees having more than 4 employees,
including but not limited to accounts of earnings and
expenses and any distribution, payment, or other distribution
of earnings or assets, and any other forms, records and
memoranda which in the judgment of the commission may be
necessary or appropriate to carry out any of the provisions
of this Act, including but not limited to such forms, records
and memoranda as will readily and accurately disclose at all
times the beneficial ownership of such retail licensed
business. The accounts, forms, records and memoranda shall
be available at all reasonable times for inspection by
authorized representatives of the State commission or by any
local liquor control commissioner or his or her authorized
representative. The commission, may, from time to time,
alter, amend or repeal, in whole or in part, any uniform
system of accounts, or the form and manner of keeping
accounts.
(8) In the conduct of any hearing authorized to be held
by the commission, to examine, or cause to be examined, under
oath, any licensee, and to examine or cause to be examined
the books and records of such licensee; to hear testimony and
take proof material for its information in the discharge of
its duties hereunder; to administer or cause to be
administered oaths; and for any such purpose to issue
subpoena or subpoenas to require the attendance of witnesses
and the production of books, which shall be effective in any
part of this State.
Any Circuit Court may by order duly entered, require the
attendance of witnesses and the production of relevant books
subpoenaed by the State commission and the court may compel
obedience to its order by proceedings for contempt.
(9) To investigate the administration of laws in
relation to alcoholic liquors in this and other states and
any foreign countries, and to recommend from time to time to
the Governor and through him or her to the legislature of
this State, such amendments to this Act, if any, as it may
think desirable and as will serve to further the general
broad purposes contained in Section 1-2 hereof.
(10) To adopt such rules and regulations consistent with
the provisions of this Act which shall be necessary for the
control, sale or disposition of alcoholic liquor damaged as a
result of an accident, wreck, flood, fire or other similar
occurrence.
(11) To develop industry educational programs related to
responsible serving and selling, particularly in the areas of
overserving consumers and illegal underage purchasing and
consumption of alcoholic beverages.
(12) To develop and maintain a repository of license and
regulatory information.
(13) On or before January 15, 1994, the Commission shall
issue a written report to the Governor and General Assembly
that is to be based on a comprehensive study of the impact on
and implications for the State of Illinois of Section 1926 of
the Federal ADAMHA Reorganization Act of 1992 (Public Law
102-321). This study shall address the extent to which
Illinois currently complies with the provisions of P.L.
102-321 and the rules promulgated pursuant thereto.
As part of its report, the Commission shall provide the
following essential information:
(i) the number of retail distributors of tobacco
products, by type and geographic area, in the State;
(ii) the number of reported citations and
successful convictions, categorized by type and location
of retail distributor, for violation of the Sale of
Tobacco to Minors Act and the Smokeless Tobacco
Limitation Act;
(iii) the extent and nature of organized
educational and governmental activities that are intended
to promote, encourage or otherwise secure compliance with
any Illinois laws that prohibit the sale or distribution
of tobacco products to minors; and
(iv) the level of access and availability of
tobacco products to individuals under the age of 18.
To obtain the data necessary to comply with the
provisions of P.L. 102-321 and the requirements of this
report, the Commission shall conduct random, unannounced
inspections of a geographically and scientifically
representative sample of the State's retail tobacco
distributors.
The Commission shall consult with the Department of
Public Health, the Department of Human Services, the Illinois
State Police and any other executive branch agency, and
private organizations that may have information relevant to
this report.
The Commission may contract with the Food and Drug
Administration of the U.S. Department of Health and Human
Services to conduct unannounced investigations of Illinois
tobacco vendors to determine compliance with federal laws
relating to the illegal sale of cigarettes and smokeless
tobacco products to persons under the age of 18.
(b) On or before April 30, 1999, the Commission shall
present a written report to the Governor and the General
Assembly that shall be based on a study of the impact of this
amendatory Act of 1998 on the business of soliciting,
selling, and shipping alcoholic liquor from outside of this
State directly to residents of this State.
As part of its report, the Commission shall provide the
following information:
(i) the amount of State excise and sales tax
revenues generated as a result of this amendatory Act of
1998;
(ii) the amount of licensing fees received as a
result of this amendatory Act of 1998;
(iii) the number of reported violations, the number
of cease and desist notices issued by the Commission, the
number of notices of violations issued to the Department
of Revenue, and the number of notices and complaints of
violations to law enforcement officials.
(Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432,
eff. 1-1-98; revised 11-5-97.)
(235 ILCS 5/5-1) (from Ch. 43, par. 115)
Sec. 5-1. Licenses issued by the Illinois Liquor Control
Commission shall be of the following classes:
(a) Manufacturer's license - Class 1. Distiller, Class
2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. First Class Winemaker, Class 7. Second Class
Winemaker, Class 8. Limited Wine Manufacturer,
(b) Distributor's license,
(c) Importing Distributor's license,
(d) Retailer's license,
(e) Special Event Retailer's license (not-for-profit),
(f) Railroad license,
(g) Boat license,
(h) Non-Beverage User's license,
(i) Wine-maker's retail license,
(j) Airplane license,
(k) Foreign importer's license,
(l) Broker's license,
(m) Non-resident dealer's license,
(n) Brew Pub license,
(o) Auction liquor license,
(p) Caterer retailer license,
(q) Special use permit license.
Nothing in this provision, nor in any subsequent
provision of this Act shall be interpreted as forbidding an
individual or firm from concurrently obtaining and holding a
Winemaker's and a Wine manufacturer's license.
(a) A manufacturer's license shall allow the
manufacture, importation in bulk, storage, distribution and
sale of alcoholic liquor to persons without the State, as may
be permitted by law and to licensees in this State as
follows:
Class 1. A Distiller may make sales and deliveries of
alcoholic liquor to distillers, rectifiers, importing
distributors, distributors and non-beverage users and to no
other licensees.
Class 2. A Rectifier, who is not a distiller, as defined
herein, may make sales and deliveries of alcoholic liquor to
rectifiers, importing distributors, distributors, retailers
and non-beverage users and to no other licensees.
Class 3. A Brewer may make sales and deliveries of beer
to importing distributors, distributors, and to
non-licensees, and to retailers provided the brewer obtains
an importing distributor's license or distributor's license
in accordance with the provisions of this Act.
Class 4. A first class wine-manufacturer may make sales
and deliveries of between 40,000 and 50,000 gallons of wine
to manufacturers, importing distributors and distributors,
and to no other licensees.
Class 5. A second class Wine manufacturer may make sales
and deliveries of more than 50,000 gallons of wine to
manufacturers, importing distributors and distributors and to
no other licensees.
Class 6. A first-class wine-maker's license shall allow
the manufacture of less than 20,000 gallons of wine per year,
and the storage and sale of such wine to distributors and
retailers in the State and to persons without the State, as
may be permitted by law.
Class 7. A second-class wine-maker's license shall allow
the manufacture of up to 50,000 gallons of wine per year, and
the storage and sale of such wine to distributors in this
State and to persons without the State, as may be permitted
by law. A second-class wine-maker's license shall allow the
sale of no more than 10,000 gallons of the licensee's wine
directly to retailers.
Class 8. A limited wine-manufacturer may make sales and
deliveries not to exceed 40,000 gallons of wine per year to
distributors, and to non-licensees in accordance with the
provisions of this Act.
(a-1) A manufacturer which is licensed in this State to
make sales or deliveries of alcoholic liquor and which
enlists agents, representatives, or individuals acting on its
behalf who contact licensed retailers on a regular and
continual basis in this State must register those agents,
representatives, or persons acting on its behalf with the
State Commission.
Registration of agents, representatives, or persons
acting on behalf of a manufacturer is fulfilled by submitting
a form to the Commission. The form shall be developed by the
Commission and shall include the name and address of the
applicant, the name and address of the manufacturer he or she
represents, the territory or areas assigned to sell to or
discuss pricing terms of alcoholic liquor, and any other
questions deemed appropriate and necessary. All statements
in the forms required to be made by law or by rule shall be
deemed material, and any person who knowingly misstates any
material fact under oath in an application is guilty of a
Class B misdemeanor. Fraud, misrepresentation, false
statements, misleading statements, evasions, or suppression
of material facts in the securing of a registration are
grounds for suspension or revocation of the registration.
(b) A distributor's license shall allow the wholesale
purchase and storage of alcoholic liquors and sale of
alcoholic liquors to licensees in this State and to persons
without the State, as may be permitted by law.
(c) An importing distributor's license may be issued to
and held by those only who are duly licensed distributors,
upon the filing of an application by a duly licensed
distributor, with the Commission and the Commission shall,
without the payment of any fee, immediately issue such
importing distributor's license to the applicant, which shall
allow the importation of alcoholic liquor by the licensee
into this State from any point in the United States outside
this State, and the purchase of alcoholic liquor in barrels,
casks or other bulk containers and the bottling of such
alcoholic liquors before resale thereof, but all bottles or
containers so filled shall be sealed, labeled, stamped and
otherwise made to comply with all provisions, rules and
regulations governing manufacturers in the preparation and
bottling of alcoholic liquors. The importing distributor's
license shall permit such licensee to purchase alcoholic
liquor from Illinois licensed non-resident dealers and
foreign importers only.
(d) A retailer's license shall allow the licensee to
sell and offer for sale at retail, only in the premises
specified in such license, alcoholic liquor for use or
consumption, but not for resale in any form: Provided that
any retail license issued to a manufacturer shall only permit
such manufacturer to sell beer at retail on the premises
actually occupied by such manufacturer.
After January 1, 1995 there shall be 2 classes of
licenses issued under a retailers license.
(1) A "retailers on premise consumption license"
shall allow the licensee to sell and offer for sale at
retail, only on the premises specified in the license,
alcoholic liquor for use or consumption on the premises
or on and off the premises, but not for resale in any
form.
(2) An "off premise sale license" shall allow the
licensee to sell, or offer for sale at retail, alcoholic
liquor intended only for off premise consumption and not
for resale in any form.
Notwithstanding any other provision of this subsection
(d), a retail licensee may sell alcoholic liquors to a
special event retailer licensee for resale to the extent
permitted under subsection (e).
(e) A special event retailer's license (not-for-profit)
shall permit the licensee to purchase alcoholic liquors from
an Illinois licensed distributor (unless the licensee
purchases less than $500 of alcoholic liquors for the special
event, in which case the licensee may purchase the alcoholic
liquors from a licensed retailer) and shall allow the
licensee to sell and offer for sale, at retail, alcoholic
liquors for use or consumption, but not for resale in any
form and only at the location and on the specific dates
designated for the special event in the license. An
applicant for a special event retailer license must also
submit with the application proof satisfactory to the State
Commission that the applicant will provide dram shop
liability insurance in the maximum limits and have local
authority approval.
(f) A railroad license shall permit the licensee to
import alcoholic liquors into this State from any point in
the United States outside this State and to store such
alcoholic liquors in this State; to make wholesale purchases
of alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from
within or outside this State; and to store such alcoholic
liquors in this State; provided that the above powers may be
exercised only in connection with the importation, purchase
or storage of alcoholic liquors to be sold or dispensed on a
club, buffet, lounge or dining car operated on an electric,
gas or steam railway in this State; and provided further,
that railroad licensees exercising the above powers shall be
subject to all provisions of Article VIII of this Act as
applied to importing distributors. A railroad license shall
also permit the licensee to sell or dispense alcoholic
liquors on any club, buffet, lounge or dining car operated on
an electric, gas or steam railway regularly operated by a
common carrier in this State, but shall not permit the sale
for resale of any alcoholic liquors to any licensee within
this State. A license shall be obtained for each car in
which such sales are made.
(g) A boat license shall allow the sale of alcoholic
liquor in individual drinks, on any passenger boat regularly
operated as a common carrier on navigable waters in this
State, which boat maintains a public dining room or
restaurant thereon.
(h) A non-beverage user's license shall allow the
licensee to purchase alcoholic liquor from a licensed
manufacturer or importing distributor, without the imposition
of any tax upon the business of such licensed manufacturer or
importing distributor as to such alcoholic liquor to be used
by such licensee solely for the non-beverage purposes set
forth in subsection (a) of Section 8-1 of this Act, and such
licenses shall be divided and classified and shall permit the
purchase, possession and use of limited and stated quantities
of alcoholic liquor as follows:
Class 1, not to exceed ....................... 500 gallons
Class 2, not to exceed ....................... 1,000 gallons
Class 3, not to exceed ....................... 5,000 gallons
Class 4, not to exceed ....................... 10,000 gallons
Class 5, not to exceed ....................... 50,000 gallons
(i) A wine-maker's retail license shall allow the
licensee to sell and offer for sale at retail in the premises
specified in such license not more than 50,000 gallons of
wine per year for use or consumption, but not for resale in
any form; this license shall be issued only to a person
licensed as a first-class or second-class wine-maker. A
wine-maker's retail licensee, upon receiving permission from
the Commission, may conduct business at a second location
that is separate from the location specified in its
wine-maker's retail license. One wine-maker's retail
license-second location may be issued to a wine-maker's
retail licensee allowing the licensee to sell and offer for
sale at retail in the premises specified in the wine-maker's
retail license-second location up to 50,000 gallons of wine
that was produced at the licensee's first location per year
for use and consumption and not for resale.
(j) An airplane license shall permit the licensee to
import alcoholic liquors into this State from any point in
the United States outside this State and to store such
alcoholic liquors in this State; to make wholesale purchases
of alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from
within or outside this State; and to store such alcoholic
liquors in this State; provided that the above powers may be
exercised only in connection with the importation, purchase
or storage of alcoholic liquors to be sold or dispensed on an
airplane; and provided further, that airplane licensees
exercising the above powers shall be subject to all
provisions of Article VIII of this Act as applied to
importing distributors. An airplane licensee shall also
permit the sale or dispensing of alcoholic liquors on any
passenger airplane regularly operated by a common carrier in
this State, but shall not permit the sale for resale of any
alcoholic liquors to any licensee within this State. A
single airplane license shall be required of an airline
company if liquor service is provided on board aircraft in
this State. The annual fee for such license shall be as
determined in Section 5-3.
(k) A foreign importer's license shall permit such
licensee to purchase alcoholic liquor from Illinois licensed
non-resident dealers only, and to import alcoholic liquor
other than in bulk from any point outside the United States
and to sell such alcoholic liquor to Illinois licensed
importing distributors and to no one else in Illinois.
(l) (i) A broker's license shall be required of all
persons brokers who solicit orders for, offer to sell or
offer to supply alcoholic liquor to retailers in the State of
Illinois, or who offer to retailers to ship or cause to be
shipped or to make contact with distillers, rectifiers,
brewers or manufacturers or any other party within or without
the State of Illinois in order that alcoholic liquors be
shipped to a distributor, importing distributor or foreign
importer, whether such solicitation or offer is consummated
within or without the State of Illinois.
No holder of a retailer's license issued by the Illinois
Liquor Control Commission shall purchase or receive any
alcoholic liquor, the order for which was solicited or
offered for sale to such retailer by a broker unless the
broker is the holder of a valid broker's license.
The broker shall, upon the acceptance by a retailer of
the broker's solicitation of an order or offer to sell or
supply or deliver or have delivered alcoholic liquors,
promptly forward to the Illinois Liquor Control Commission a
notification of said transaction in such form as the
Commission may by regulations prescribe.
(ii) A broker's license shall be required of a person
within this State, other than a retail licensee, who, for a
fee or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for resale,
to be shipped from this State and delivered to residents
outside of this State by an express company, common carrier,
or contract carrier. This Section does not apply to any
person who promotes, solicits, or accepts orders for wine as
specifically authorized in Section 6-29 of this Act.
A broker's Such license under this subsection (1) shall
not entitle the holder to buy or sell any alcoholic liquors
for his own account or to take or deliver title to such
alcoholic liquors.
This subsection (l) shall not apply to distributors,
employees of distributors, or employees of a manufacturer who
has registered the trademark, brand or name of the alcoholic
liquor pursuant to Section 6-9 of this Act, and who regularly
sells such alcoholic liquor in the State of Illinois only to
its registrants thereunder.
Any agent, representative, or person subject to
registration pursuant to subsection (a-1) of this Section
shall not be eligible to receive a broker's license.
(m) A non-resident dealer's license shall permit such
licensee to ship into and warehouse alcoholic liquor into
this State from any point outside of this State, and to sell
such alcoholic liquor to Illinois licensed foreign importers
and importing distributors and to no one else in this State;
provided that said non-resident dealer shall register with
the Illinois Liquor Control Commission each and every brand
of alcoholic liquor which it proposes to sell to Illinois
licensees during the license period; and further provided
that it shall comply with all of the provisions of Section
6-9 hereof with respect to registration of such Illinois
licensees as may be granted the right to sell such brands at
wholesale.
(n) A brew pub license shall allow the licensee to
manufacture beer only on the premises specified in the
license, to make sales of the beer manufactured on the
premises to importing distributors, distributors, and to
non-licensees for use and consumption, to store the beer upon
the premises, and to sell and offer for sale at retail from
the licensed premises, provided that a brew pub licensee
shall not sell for off-premises consumption more than 50,000
gallons per year.
(o) A caterer retailer license shall allow the holder to
serve alcoholic liquors as an incidental part of a food
service that serves prepared meals which excludes the serving
of snacks as the primary meal, either on or off-site whether
licensed or unlicensed.
(p) An auction liquor license shall allow the licensee
to sell and offer for sale at auction wine and spirits for
use or consumption, or for resale by an Illinois liquor
licensee in accordance with provisions of this Act. An
auction liquor license will be issued to a person and it will
permit the auction liquor licensee to hold the auction
anywhere in the State. An auction liquor license must be
obtained for each auction at least 14 days in advance of the
auction date.
(q) A special use permit license shall allow an Illinois
licensed retailer to transfer a portion of its alcoholic
liquor inventory from its retail licensed premises to the
premises specified in the license hereby created, and to sell
or offer for sale at retail, only in the premises specified
in the license hereby created, the transferred alcoholic
liquor for use or consumption, but not for resale in any
form. A special use permit license may be granted for the
following time periods: one day or less; 2 or more days to a
maximum of 15 days per location in any 12 month period. An
applicant for the special use permit license must also submit
with the application proof satisfactory to the State
Commission that the applicant will provide dram shop
liability insurance to the maximum limits and have local
authority approval.
(Source: P.A. 89-45, eff. 6-23-95; 89-218, eff. 1-1-96;
89-626, eff. 8-9-96; 90-77, eff. 7-8-97; 90-432, eff. 1-1-98;
revised 11-5-97.)
(235 ILCS 5/6-16) (from Ch. 43, par. 131)
Sec. 6-16. Prohibited sales and possession.
(a) (i) No licensee nor any officer, associate, member,
representative, agent, or employee of such licensee shall
sell, give, or deliver alcoholic liquor to any person under
the age of 21 years or to any intoxicated person, except as
provided in Section 6-16.1 16.1. (ii) No express company,
common carrier, or contract carrier that carries or
transports alcoholic liquor for delivery within this State
shall knowingly give or knowingly deliver to a residential
address any shipping container clearly labeled as containing
alcoholic liquor and labeled as requiring signature of an
adult of at least 21 years of age to any person in this State
under the age of 21 years. An express company, common
carrier, or contract carrier that carries or transports such
alcoholic liquor for delivery within this State shall obtain
a signature acknowledging receipt of the alcoholic liquor by
an adult who is at least 21 years of age. (iii) No person,
after purchasing or otherwise obtaining alcoholic liquor,
shall sell, give, or deliver such alcoholic liquor to another
person under the age of 21 years, except in the performance
of a religious ceremony or service. Any person who violates
the provisions of item (i), (ii), or (iii) of this paragraph
of this subsection (a) is guilty of a Class A misdemeanor and
the person's sentence shall include, but shall not be limited
to, a fine of not less than $500.
If a licensee or officer, associate, member,
representative, agent, or employee of the licensee, or a
representative, agent, or employee of an express company,
common carrier, or contract carrier that carries or
transports alcoholic liquor for delivery within this State,
is prosecuted under this paragraph of this subsection (a) for
selling, giving, or delivering alcoholic liquor to a person
under the age of 21 years, the person under 21 years of age
who attempted to buy or receive the alcoholic liquor may be
prosecuted pursuant to Section 6-20 of this Act, unless the
person under 21 years of age was acting under the authority
of a law enforcement agency, the Illinois Liquor Control
Commission, or a local liquor control commissioner pursuant
to a plan or action to investigate, patrol, or conduct any
similar enforcement action.
For the purpose of preventing the violation of this
Section, any licensee, or his agent or employee, or a
representative, agent, or employee of an express company,
common carrier, or contract carrier that carries or
transports alcoholic liquor for delivery within this State,
may refuse to sell, deliver, or serve alcoholic beverages to
any person who is unable to produce adequate written evidence
of identity and of the fact that he or she is over the age of
21 years.
Adequate written evidence of age and identity of the
person is a document issued by a federal, state, county, or
municipal government, or subdivision or agency thereof,
including, but not limited to, a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the Armed Forces. Proof that the
defendant-licensee, or his employee or agent, or the
representative, agent, or employee of the express company,
common carrier, or contract carrier that carries or
transports alcoholic liquor for delivery within this State
demanded, was shown and reasonably relied upon such written
evidence in any transaction forbidden by this Section is an
affirmative defense in any criminal prosecution therefor or
to any proceedings for the suspension or revocation of any
license based thereon. It shall not, however, be an
affirmative defense if the agent or employee accepted the
written evidence knowing it to be false or fraudulent. If a
false or fraudulent Illinois driver's license or Illinois
identification card is presented by a person less than 21
years of age to a licensee or the licensee's agent or
employee for the purpose of ordering, purchasing, attempting
to purchase, or otherwise obtaining or attempting to obtain
the serving of any alcoholic beverage, the law enforcement
officer or agency investigating the incident shall, upon the
conviction of the person who presented the fraudulent license
or identification, make a report of the matter to the
Secretary of State on a form provided by the Secretary of
State.
However, no agent or employee of the licensee shall be
disciplined or discharged for selling or furnishing liquor to
a person under 21 years of age if the agent or employee
demanded and was shown, before furnishing liquor to a person
under 21 years of age, adequate written evidence of age and
identity of the person issued by a federal, state, county or
municipal government, or subdivision or agency thereof,
including but not limited to a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the Armed Forces. This paragraph, however, shall
not apply if the agent or employee accepted the written
evidence knowing it to be false or fraudulent.
Any person who sells, gives, or furnishes to any person
under the age of 21 years any false or fraudulent written,
printed, or photostatic evidence of the age and identity of
such person or who sells, gives or furnishes to any person
under the age of 21 years evidence of age and identification
of any other person is guilty of a Class A misdemeanor and
the person's sentence shall include, but shall not be limited
to, a fine of not less than $500.
Any person under the age of 21 years who presents or
offers to any licensee, his agent or employee, any written,
printed or photostatic evidence of age and identity that is
false, fraudulent, or not actually his or her own for the
purpose of ordering, purchasing, attempting to purchase or
otherwise procuring or attempting to procure, the serving of
any alcoholic beverage, who falsely states in writing that he
or she is at least 21 years of age when receiving alcoholic
liquor from a representative, agent, or employee of an
express company, common carrier, or contract carrier, or who
has in his or her possession any false or fraudulent written,
printed, or photostatic evidence of age and identity, is
guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, the following: a
fine of not less than $500 and at least 25 hours of community
service. If possible, any community service shall be
performed for an alcohol abuse prevention program.
Any person under the age of 21 years who has any
alcoholic beverage in his or her possession on any street or
highway or in any public place or in any place open to the
public is guilty of a Class A misdemeanor. This Section does
not apply to possession by a person under the age of 21 years
making a delivery of an alcoholic beverage in pursuance of
the order of his or her parent or in pursuance of his or her
employment.
(a-1) It is unlawful for any parent or guardian to
permit his or her residence to be used by an invitee of the
parent's child or the guardian's ward, if the invitee is
under the age of 21, in a manner that constitutes a violation
of this Section. A parent or guardian is deemed to have
permitted his or her residence to be used in violation of
this Section if he or she knowingly authorizes, enables, or
permits such use to occur by failing to control access to
either the residence or the alcoholic liquor maintained in
the residence. Any person who violates this subsection (a-1)
is guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, a fine of not
less than $500. Nothing in this subsection (a-1) shall be
construed to prohibit the giving of alcoholic liquor to a
person under the age of 21 years in the performance of a
religious ceremony or service.
(b) Except as otherwise provided in this Section whoever
violates this Section shall, in addition to other penalties
provided for in this Act, be guilty of a Class A misdemeanor.
(c) Any person shall be guilty of a Class A misdemeanor
where he or she knowingly permits a gathering at a residence
which he or she occupies of two or more persons where any one
or more of the persons is under 21 years of age and the
following factors also apply:
(1) the person occupying the residence knows that
any such person under the age of 21 is in possession of
or is consuming any alcoholic beverage; and
(2) the possession or consumption of the alcohol by
the person under 21 is not otherwise permitted by this
Act; and
(3) the person occupying the residence knows that
the person under the age of 21 leaves the residence in an
intoxicated condition.
For the purposes of this subsection (c) where the
residence has an owner and a tenant or lessee, there is a
rebuttable presumption that the residence is occupied only by
the tenant or lessee.
(d) Any person who rents a hotel or motel room from the
proprietor or agent thereof for the purpose of or with the
knowledge that such room shall be used for the consumption of
alcoholic liquor by persons under the age of 21 years shall
be guilty of a Class A misdemeanor.
(Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97;
90-432, eff. 1-1-98; revised 11-5-97.)
(235 ILCS 5/6-17.2 new)
Sec. 6-17.2. Importation of alcoholic liquor into this
State. A person who imports into this State from any point
in the United States outside this State, whether for himself
or for another, any alcoholic liquor for sale or resale is
required to hold a license issued by the Commission in
accordance with this Act, except as otherwise expressly
authorized by this Act.
(235 ILCS 5/6-29.1 new)
Sec. 6-29.1. Direct shipments of alcoholic liquor.
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, 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.
Whenever the Commission has reason to believe that a
person has failed to comply with the Commission notice under
this Section, it shall notify the Department of Revenue and
file a complaint with the State's Attorney of the county
where the alcoholic liquor was delivered or with appropriate
law enforcement officials.
Failure to comply with the notice issued by the
Commission under this Section constitutes a business offense
for which the person shall be fined not more than $1,000 for
a first offense, not more than $5,000 for a second offense,
and not more than $10,000 for a third or subsequent offense.
Each shipment of alcoholic liquor delivered in violation of
the cease and desist notice shall constitute a separate
offense.
(235 ILCS 5/8-12) (from Ch. 43, par. 164 3/4)
Sec. 8-12. It shall be the duty of every railroad
company, express company, common or contract carrier, and of
every person, firm or corporation that shall bring, carry or
transport alcoholic liquors into the State of Illinois for
delivery in said State or which are delivered in said State,
to prepare and file with the Department of Revenue for each
month, not later than the fifteenth day of the month
following that for which it is made, a report stating therein
the name of the company, carrier, person, firm or corporation
making the report, the address in Illinois at which the
records supporting such report are kept and are open to
inspection, the period of time covered by said report, the
name and business address of each consignor of such alcoholic
liquors, the name and business address of each consignee of
such alcoholic liquors, the kind and quantity of alcoholic
liquors delivered to each consignee, and the date or dates of
delivery. Such report shall be made upon forms prescribed and
made available by the Department and shall contain such other
information as may reasonably be required by the Department.
The Department may establish procedures for electronic
transmissions of such information directly to the Department.
Such reports or information received by the Department shall
be made available by the Department to the Commission upon
the Commission's request.
The books, records, supporting papers and documents
containing information and data relating to such reports
shall be kept and preserved for a period of three years,
unless their destruction sooner is authorized, in writing, by
the Director, and shall be open and available to inspection
by the Director of Revenue or the Commission or any duly
authorized officer, agent or employee of the Department or
the Commission, at all times during business hours of the
day.
Any person who violates any of the provisions of this
section or any of the rules and regulations of the Department
for the administration and enforcement of the provisions of
this section is guilty of a Class C misdemeanor. In case of a
continuing violation each day's continuance thereof shall be
a separate and distinct offense.
(Source: P.A. 83-1428.)
(235 ILCS 5/10-1) (from Ch. 43, par. 183)
Sec. 10-1. Violations; penalties. (a) 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, or distributes or sells alcoholic liquor
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.
(b) (1) Any retailer, licensed in this State, who
knowingly causes to furnish, 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 to 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.
(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 55a
of The Civil Administrative Code of Illinois; or
(3) In cities over 1,000,000, the Superintendent of
Police.
(Source: P.A. 86-445.)
(235 ILCS 5/10-7.1) (from Ch. 43, par. 189.1)
Sec. 10-7.1. The Commission, upon receipt of a complaint
or upon having knowledge that any person is engaged in the
business as a manufacturer, importing distributor,
distributor or retailer without a license or valid license,
shall notify the Department of Revenue and the local liquor
authority, and file a complaint with the State's Attorney's
Office of the County where the incident occurred, or initiate
an investigation with the appropriate law enforcement
officials.
(Source: P.A. 86-445.)
Section 99. Effective date. This Act takes effect upon
becoming law.