101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3532

 

Introduced 2/14/2020, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/3-12
235 ILCS 5/5-1  from Ch. 43, par. 115
235 ILCS 5/6-4  from Ch. 43, par. 121

    Amends the Liquor Control Act of 1934. Provides that a brewer, class 1 brewer, or class 2 brewer may sell mead for on-premises or off-premises consumption. Authorizes a distributor licensee to sell mead to brewers, class 1 brewers, and class 2 brewers that sell beer, cider, or mead to non-licensees at their breweries. Provides that a self-distribution exemption for certain wine manufacturers shall allow the sale of cider, mead, or both cider and mead to brewers, class 1 brewers, and class 2 brewers that sell beer, cider, mead, or any combination thereof to non-licensees at their breweries. Makes conforming changes. Effective immediately.


LRB101 18654 RPS 68109 b

 

 

A BILL FOR

 

SB3532LRB101 18654 RPS 68109 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 3-12, 5-1, and 6-4 as follows:
 
6    (235 ILCS 5/3-12)
7    Sec. 3-12. Powers and duties of State Commission.
8    (a) The State Commission shall have the following powers,
9functions, and duties:
10        (1) To receive applications and to issue licenses to
11    manufacturers, foreign importers, importing distributors,
12    distributors, non-resident dealers, on premise consumption
13    retailers, off premise sale retailers, special event
14    retailer licensees, special use permit licenses, auction
15    liquor licenses, brew pubs, caterer retailers,
16    non-beverage users, railroads, including owners and
17    lessees of sleeping, dining and cafe cars, airplanes,
18    boats, brokers, and wine maker's premises licensees in
19    accordance with the provisions of this Act, and to suspend
20    or revoke such licenses upon the State Commission's
21    determination, upon notice after hearing, that a licensee
22    has violated any provision of this Act or any rule or
23    regulation issued pursuant thereto and in effect for 30

 

 

SB3532- 2 -LRB101 18654 RPS 68109 b

1    days prior to such violation. Except in the case of an
2    action taken pursuant to a violation of Section 6-3, 6-5,
3    or 6-9, any action by the State Commission to suspend or
4    revoke a licensee's license may be limited to the license
5    for the specific premises where the violation occurred. An
6    action for a violation of this Act shall be commenced by
7    the State Commission within 2 years after the date the
8    State Commission becomes aware of the violation.
9        In lieu of suspending or revoking a license, the
10    commission may impose a fine, upon the State Commission's
11    determination and notice after hearing, that a licensee has
12    violated any provision of this Act or any rule or
13    regulation issued pursuant thereto and in effect for 30
14    days prior to such violation.
15        For the purpose of this paragraph (1), when determining
16    multiple violations for the sale of alcohol to a person
17    under the age of 21, a second or subsequent violation for
18    the sale of alcohol to a person under the age of 21 shall
19    only be considered if it was committed within 5 years after
20    the date when a prior violation for the sale of alcohol to
21    a person under the age of 21 was committed.
22        The fine imposed under this paragraph may not exceed
23    $500 for each violation. Each day that the activity, which
24    gave rise to the original fine, continues is a separate
25    violation. The maximum fine that may be levied against any
26    licensee, for the period of the license, shall not exceed

 

 

SB3532- 3 -LRB101 18654 RPS 68109 b

1    $20,000. The maximum penalty that may be imposed on a
2    licensee for selling a bottle of alcoholic liquor with a
3    foreign object in it or serving from a bottle of alcoholic
4    liquor with a foreign object in it shall be the destruction
5    of that bottle of alcoholic liquor for the first 10 bottles
6    so sold or served from by the licensee. For the eleventh
7    bottle of alcoholic liquor and for each third bottle
8    thereafter sold or served from by the licensee with a
9    foreign object in it, the maximum penalty that may be
10    imposed on the licensee is the destruction of the bottle of
11    alcoholic liquor and a fine of up to $50.
12        Any notice issued by the State Commission to a licensee
13    for a violation of this Act or any notice with respect to
14    settlement or offer in compromise shall include the field
15    report, photographs, and any other supporting
16    documentation necessary to reasonably inform the licensee
17    of the nature and extent of the violation or the conduct
18    alleged to have occurred. The failure to include such
19    required documentation shall result in the dismissal of the
20    action.
21        (2) To adopt such rules and regulations consistent with
22    the provisions of this Act which shall be necessary to
23    carry on its functions and duties to the end that the
24    health, safety and welfare of the People of the State of
25    Illinois shall be protected and temperance in the
26    consumption of alcoholic liquors shall be fostered and

 

 

SB3532- 4 -LRB101 18654 RPS 68109 b

1    promoted and to distribute copies of such rules and
2    regulations to all licensees affected thereby.
3        (3) To call upon other administrative departments of
4    the State, county and municipal governments, county and
5    city police departments and upon prosecuting officers for
6    such information and assistance as it deems necessary in
7    the performance of its duties.
8        (4) To recommend to local commissioners rules and
9    regulations, not inconsistent with the law, for the
10    distribution and sale of alcoholic liquors throughout the
11    State.
12        (5) To inspect, or cause to be inspected, any premises
13    in this State where alcoholic liquors are manufactured,
14    distributed, warehoused, or sold. Nothing in this Act
15    authorizes an agent of the State Commission to inspect
16    private areas within the premises without reasonable
17    suspicion or a warrant during an inspection. "Private
18    areas" include, but are not limited to, safes, personal
19    property, and closed desks.
20        (5.1) Upon receipt of a complaint or upon having
21    knowledge that any person is engaged in business as a
22    manufacturer, importing distributor, distributor, or
23    retailer without a license or valid license, to conduct an
24    investigation. If, after conducting an investigation, the
25    State Commission is satisfied that the alleged conduct
26    occurred or is occurring, it may issue a cease and desist

 

 

SB3532- 5 -LRB101 18654 RPS 68109 b

1    notice as provided in this Act, impose civil penalties as
2    provided in this Act, notify the local liquor authority, or
3    file a complaint with the State's Attorney's Office of the
4    county where the incident occurred or the Attorney General.
5        (5.2) Upon receipt of a complaint or upon having
6    knowledge that any person is shipping alcoholic liquor into
7    this State from a point outside of this State if the
8    shipment is in violation of this Act, to conduct an
9    investigation. If, after conducting an investigation, the
10    State Commission is satisfied that the alleged conduct
11    occurred or is occurring, it may issue a cease and desist
12    notice as provided in this Act, impose civil penalties as
13    provided in this Act, notify the foreign jurisdiction, or
14    file a complaint with the State's Attorney's Office of the
15    county where the incident occurred or the Attorney General.
16        (5.3) To receive complaints from licensees, local
17    officials, law enforcement agencies, organizations, and
18    persons stating that any licensee has been or is violating
19    any provision of this Act or the rules and regulations
20    issued pursuant to this Act. Such complaints shall be in
21    writing, signed and sworn to by the person making the
22    complaint, and shall state with specificity the facts in
23    relation to the alleged violation. If the State Commission
24    has reasonable grounds to believe that the complaint
25    substantially alleges a violation of this Act or rules and
26    regulations adopted pursuant to this Act, it shall conduct

 

 

SB3532- 6 -LRB101 18654 RPS 68109 b

1    an investigation. If, after conducting an investigation,
2    the State Commission is satisfied that the alleged
3    violation did occur, it shall proceed with disciplinary
4    action against the licensee as provided in this Act.
5        (5.4) To make arrests and issue notices of civil
6    violations where necessary for the enforcement of this Act.
7        (5.5) To investigate any and all unlicensed activity.
8        (5.6) To impose civil penalties or fines to any person
9    who, without holding a valid license, engages in conduct
10    that requires a license pursuant to this Act, in an amount
11    not to exceed $20,000 for each offense as determined by the
12    State Commission. A civil penalty shall be assessed by the
13    State Commission after a hearing is held in accordance with
14    the provisions set forth in this Act regarding the
15    provision of a hearing for the revocation or suspension of
16    a license.
17        (6) To hear and determine appeals from orders of a
18    local commission in accordance with the provisions of this
19    Act, as hereinafter set forth. Hearings under this
20    subsection shall be held in Springfield or Chicago, at
21    whichever location is the more convenient for the majority
22    of persons who are parties to the hearing.
23        (7) The State Commission shall establish uniform
24    systems of accounts to be kept by all retail licensees
25    having more than 4 employees, and for this purpose the
26    State Commission may classify all retail licensees having

 

 

SB3532- 7 -LRB101 18654 RPS 68109 b

1    more than 4 employees and establish a uniform system of
2    accounts for each class and prescribe the manner in which
3    such accounts shall be kept. The State Commission may also
4    prescribe the forms of accounts to be kept by all retail
5    licensees having more than 4 employees, including, but not
6    limited to, accounts of earnings and expenses and any
7    distribution, payment, or other distribution of earnings
8    or assets, and any other forms, records, and memoranda
9    which in the judgment of the commission may be necessary or
10    appropriate to carry out any of the provisions of this Act,
11    including, but not limited to, such forms, records, and
12    memoranda as will readily and accurately disclose at all
13    times the beneficial ownership of such retail licensed
14    business. The accounts, forms, records, and memoranda
15    shall be available at all reasonable times for inspection
16    by authorized representatives of the State Commission or by
17    any local liquor control commissioner or his or her
18    authorized representative. The commission, may, from time
19    to time, alter, amend, or repeal, in whole or in part, any
20    uniform system of accounts, or the form and manner of
21    keeping accounts.
22        (8) In the conduct of any hearing authorized to be held
23    by the State Commission, to appoint, at the commission's
24    discretion, hearing officers to conduct hearings involving
25    complex issues or issues that will require a protracted
26    period of time to resolve, to examine, or cause to be

 

 

SB3532- 8 -LRB101 18654 RPS 68109 b

1    examined, under oath, any licensee, and to examine or cause
2    to be examined the books and records of such licensee; to
3    hear testimony and take proof material for its information
4    in the discharge of its duties hereunder; to administer or
5    cause to be administered oaths; for any such purpose to
6    issue subpoena or subpoenas to require the attendance of
7    witnesses and the production of books, which shall be
8    effective in any part of this State, and to adopt rules to
9    implement its powers under this paragraph (8).
10        Any circuit court may, by order duly entered, require
11    the attendance of witnesses and the production of relevant
12    books subpoenaed by the State Commission and the court may
13    compel obedience to its order by proceedings for contempt.
14        (9) To investigate the administration of laws in
15    relation to alcoholic liquors in this and other states and
16    any foreign countries, and to recommend from time to time
17    to the Governor and through him or her to the legislature
18    of this State, such amendments to this Act, if any, as it
19    may think desirable and as will serve to further the
20    general broad purposes contained in Section 1-2 hereof.
21        (10) To adopt such rules and regulations consistent
22    with the provisions of this Act which shall be necessary
23    for the control, sale, or disposition of alcoholic liquor
24    damaged as a result of an accident, wreck, flood, fire, or
25    other similar occurrence.
26        (11) To develop industry educational programs related

 

 

SB3532- 9 -LRB101 18654 RPS 68109 b

1    to responsible serving and selling, particularly in the
2    areas of overserving consumers and illegal underage
3    purchasing and consumption of alcoholic beverages.
4        (11.1) To license persons providing education and
5    training to alcohol beverage sellers and servers for
6    mandatory and non-mandatory training under the Beverage
7    Alcohol Sellers and Servers Education and Training
8    (BASSET) programs and to develop and administer a public
9    awareness program in Illinois to reduce or eliminate the
10    illegal purchase and consumption of alcoholic beverage
11    products by persons under the age of 21. Application for a
12    license shall be made on forms provided by the State
13    Commission.
14        (12) To develop and maintain a repository of license
15    and regulatory information.
16        (13) (Blank).
17        (14) On or before April 30, 2008 and every 2 years
18    thereafter, the State Commission shall present a written
19    report to the Governor and the General Assembly that shall
20    be based on a study of the impact of Public Act 95-634 on
21    the business of soliciting, selling, and shipping wine from
22    inside and outside of this State directly to residents of
23    this State. As part of its report, the State Commission
24    shall provide all of the following information:
25            (A) The amount of State excise and sales tax
26        revenues generated.

 

 

SB3532- 10 -LRB101 18654 RPS 68109 b

1            (B) The amount of licensing fees received.
2            (C) The number of cases of wine shipped from inside
3        and outside of this State directly to residents of this
4        State.
5            (D) The number of alcohol compliance operations
6        conducted.
7            (E) The number of winery shipper's licenses
8        issued.
9            (F) The number of each of the following: reported
10        violations; cease and desist notices issued by the
11        Commission; notices of violations issued by the
12        Commission and to the Department of Revenue; and
13        notices and complaints of violations to law
14        enforcement officials, including, without limitation,
15        the Illinois Attorney General and the U.S. Department
16        of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
17        (15) As a means to reduce the underage consumption of
18    alcoholic liquors, the State Commission shall conduct
19    alcohol compliance operations to investigate whether
20    businesses that are soliciting, selling, and shipping wine
21    from inside or outside of this State directly to residents
22    of this State are licensed by this State or are selling or
23    attempting to sell wine to persons under 21 years of age in
24    violation of this Act.
25        (16) The State Commission shall, in addition to
26    notifying any appropriate law enforcement agency, submit

 

 

SB3532- 11 -LRB101 18654 RPS 68109 b

1    notices of complaints or violations of Sections 6-29 and
2    6-29.1 by persons who do not hold a winery shipper's
3    license under this Act to the Illinois Attorney General and
4    to the U.S. Department of Treasury's Alcohol and Tobacco
5    Tax and Trade Bureau.
6        (17)(A) A person licensed to make wine under the laws
7    of another state who has a winery shipper's license under
8    this Act and annually produces less than 25,000 gallons of
9    wine or a person who has a first-class or second-class wine
10    manufacturer's license, a first-class or second-class
11    wine-maker's license, or a limited wine manufacturer's
12    license under this Act and annually produces less than
13    25,000 gallons of wine may make application to the
14    Commission for a self-distribution exemption to allow the
15    sale of not more than 5,000 gallons of the exemption
16    holder's wine to retail licensees per year and to sell
17    cider, mead, or both cider and mead to brewers, class 1
18    brewers, and class 2 brewers that pursuant to subsection
19    (e) of Section 6-4 of this Act sell beer, cider, mead, or
20    any combination thereof to non-licensees at their
21    breweries.
22        (B) In the application, which shall be sworn under
23    penalty of perjury, such person shall state (1) the date it
24    was established; (2) its volume of production and sales for
25    each year since its establishment; (3) its efforts to
26    establish distributor relationships; (4) that a

 

 

SB3532- 12 -LRB101 18654 RPS 68109 b

1    self-distribution exemption is necessary to facilitate the
2    marketing of its wine; and (5) that it will comply with the
3    liquor and revenue laws of the United States, this State,
4    and any other state where it is licensed.
5        (C) The State Commission shall approve the application
6    for a self-distribution exemption if such person: (1) is in
7    compliance with State revenue and liquor laws; (2) is not a
8    member of any affiliated group that produces more than
9    25,000 gallons of wine per annum or produces any other
10    alcoholic liquor; (3) will not annually produce for sale
11    more than 25,000 gallons of wine; and (4) will not annually
12    sell more than 5,000 gallons of its wine to retail
13    licensees.
14        (D) A self-distribution exemption holder shall
15    annually certify to the State Commission its production of
16    wine in the previous 12 months and its anticipated
17    production and sales for the next 12 months. The State
18    Commission may fine, suspend, or revoke a
19    self-distribution exemption after a hearing if it finds
20    that the exemption holder has made a material
21    misrepresentation in its application, violated a revenue
22    or liquor law of Illinois, exceeded production of 25,000
23    gallons of wine in any calendar year, or become part of an
24    affiliated group producing more than 25,000 gallons of wine
25    or any other alcoholic liquor.
26        (E) Except in hearings for violations of this Act or

 

 

SB3532- 13 -LRB101 18654 RPS 68109 b

1    Public Act 95-634 or a bona fide investigation by duly
2    sworn law enforcement officials, the State Commission, or
3    its agents, the State Commission shall maintain the
4    production and sales information of a self-distribution
5    exemption holder as confidential and shall not release such
6    information to any person.
7        (F) The State Commission shall issue regulations
8    governing self-distribution exemptions consistent with
9    this Section and this Act.
10        (G) Nothing in this paragraph (17) shall prohibit a
11    self-distribution exemption holder from entering into or
12    simultaneously having a distribution agreement with a
13    licensed Illinois distributor.
14        (H) It is the intent of this paragraph (17) to promote
15    and continue orderly markets. The General Assembly finds
16    that, in order to preserve Illinois' regulatory
17    distribution system, it is necessary to create an exception
18    for smaller makers of wine as their wines are frequently
19    adjusted in varietals, mixes, vintages, and taste to find
20    and create market niches sometimes too small for
21    distributor or importing distributor business strategies.
22    Limited self-distribution rights will afford and allow
23    smaller makers of wine access to the marketplace in order
24    to develop a customer base without impairing the integrity
25    of the 3-tier system.
26        (18)(A) A class 1 brewer licensee, who must also be

 

 

SB3532- 14 -LRB101 18654 RPS 68109 b

1    either a licensed brewer or licensed non-resident dealer
2    and annually manufacture less than 930,000 gallons of beer,
3    may make application to the State Commission for a
4    self-distribution exemption to allow the sale of not more
5    than 232,500 gallons per year of the exemption holder's
6    beer per year to retail licensees and to brewers, class 1
7    brewers, and class 2 brewers that, pursuant to subsection
8    (e) of Section 6-4 of this Act, sell beer, cider, mead, or
9    any combination thereof or both beer and cider to
10    non-licensees at their breweries.
11        (B) In the application, which shall be sworn under
12    penalty of perjury, the class 1 brewer licensee shall state
13    (1) the date it was established; (2) its volume of beer
14    manufactured and sold for each year since its
15    establishment; (3) its efforts to establish distributor
16    relationships; (4) that a self-distribution exemption is
17    necessary to facilitate the marketing of its beer; and (5)
18    that it will comply with the alcoholic beverage and revenue
19    laws of the United States, this State, and any other state
20    where it is licensed.
21        (C) Any application submitted shall be posted on the
22    State Commission's website at least 45 days prior to action
23    by the State Commission. The State Commission shall approve
24    the application for a self-distribution exemption if the
25    class 1 brewer licensee: (1) is in compliance with the
26    State, revenue, and alcoholic beverage laws; (2) is not a

 

 

SB3532- 15 -LRB101 18654 RPS 68109 b

1    member of any affiliated group that manufactures more than
2    930,000 gallons of beer per annum or produces any other
3    alcoholic beverages; (3) shall not annually manufacture
4    for sale more than 930,000 gallons of beer; (4) shall not
5    annually sell more than 232,500 gallons of its beer to
6    retail licensees or to brewers, class 1 brewers, and class
7    2 brewers that, pursuant to subsection (e) of Section 6-4
8    of this Act, sell beer, cider, mead, or any combination
9    thereof or both beer and cider to non-licensees at their
10    breweries; and (5) has relinquished any brew pub license
11    held by the licensee, including any ownership interest it
12    held in the licensed brew pub.
13        (D) A self-distribution exemption holder shall
14    annually certify to the State Commission its manufacture of
15    beer during the previous 12 months and its anticipated
16    manufacture and sales of beer for the next 12 months. The
17    State Commission may fine, suspend, or revoke a
18    self-distribution exemption after a hearing if it finds
19    that the exemption holder has made a material
20    misrepresentation in its application, violated a revenue
21    or alcoholic beverage law of Illinois, exceeded the
22    manufacture of 930,000 gallons of beer in any calendar year
23    or became part of an affiliated group manufacturing more
24    than 930,000 gallons of beer or any other alcoholic
25    beverage.
26        (E) The State Commission shall issue rules and

 

 

SB3532- 16 -LRB101 18654 RPS 68109 b

1    regulations governing self-distribution exemptions
2    consistent with this Act.
3        (F) Nothing in this paragraph (18) shall prohibit a
4    self-distribution exemption holder from entering into or
5    simultaneously having a distribution agreement with a
6    licensed Illinois importing distributor or a distributor.
7    If a self-distribution exemption holder enters into a
8    distribution agreement and has assigned distribution
9    rights to an importing distributor or distributor, then the
10    self-distribution exemption holder's distribution rights
11    in the assigned territories shall cease in a reasonable
12    time not to exceed 60 days.
13        (G) It is the intent of this paragraph (18) to promote
14    and continue orderly markets. The General Assembly finds
15    that in order to preserve Illinois' regulatory
16    distribution system, it is necessary to create an exception
17    for smaller manufacturers in order to afford and allow such
18    smaller manufacturers of beer access to the marketplace in
19    order to develop a customer base without impairing the
20    integrity of the 3-tier system.
21        (19)(A) A class 1 craft distiller licensee or a
22    non-resident dealer who manufactures less than 50,000
23    gallons of distilled spirits per year may make application
24    to the State Commission for a self-distribution exemption
25    to allow the sale of not more than 5,000 gallons of the
26    exemption holder's spirits to retail licensees per year.

 

 

SB3532- 17 -LRB101 18654 RPS 68109 b

1        (B) In the application, which shall be sworn under
2    penalty of perjury, the class 1 craft distiller licensee or
3    non-resident dealer shall state (1) the date it was
4    established; (2) its volume of spirits manufactured and
5    sold for each year since its establishment; (3) its efforts
6    to establish distributor relationships; (4) that a
7    self-distribution exemption is necessary to facilitate the
8    marketing of its spirits; and (5) that it will comply with
9    the alcoholic beverage and revenue laws of the United
10    States, this State, and any other state where it is
11    licensed.
12        (C) Any application submitted shall be posted on the
13    State Commission's website at least 45 days prior to action
14    by the State Commission. The State Commission shall approve
15    the application for a self-distribution exemption if the
16    applicant: (1) is in compliance with State revenue and
17    alcoholic beverage laws; (2) is not a member of any
18    affiliated group that produces more than 50,000 gallons of
19    spirits per annum or produces any other alcoholic liquor;
20    (3) does not annually manufacture for sale more than 50,000
21    gallons of spirits; and (4) does not annually sell more
22    than 5,000 gallons of its spirits to retail licensees.
23        (D) A self-distribution exemption holder shall
24    annually certify to the State Commission its manufacture of
25    spirits during the previous 12 months and its anticipated
26    manufacture and sales of spirits for the next 12 months.

 

 

SB3532- 18 -LRB101 18654 RPS 68109 b

1    The State Commission may fine, suspend, or revoke a
2    self-distribution exemption after a hearing if it finds
3    that the exemption holder has made a material
4    misrepresentation in its application, violated a revenue
5    or alcoholic beverage law of Illinois, exceeded the
6    manufacture of 50,000 gallons of spirits in any calendar
7    year, or has become part of an affiliated group
8    manufacturing more than 50,000 gallons of spirits or any
9    other alcoholic beverage.
10        (E) The State Commission shall adopt rules governing
11    self-distribution exemptions consistent with this Act.
12        (F) Nothing in this paragraph (19) shall prohibit a
13    self-distribution exemption holder from entering into or
14    simultaneously having a distribution agreement with a
15    licensed Illinois importing distributor or a distributor.
16        (G) It is the intent of this paragraph (19) to promote
17    and continue orderly markets. The General Assembly finds
18    that in order to preserve Illinois' regulatory
19    distribution system, it is necessary to create an exception
20    for smaller manufacturers in order to afford and allow such
21    smaller manufacturers of spirits access to the marketplace
22    in order to develop a customer base without impairing the
23    integrity of the 3-tier system.
24    (b) On or before April 30, 1999, the Commission shall
25present a written report to the Governor and the General
26Assembly that shall be based on a study of the impact of Public

 

 

SB3532- 19 -LRB101 18654 RPS 68109 b

1Act 90-739 on the business of soliciting, selling, and shipping
2alcoholic liquor from outside of this State directly to
3residents of this State.
4    As part of its report, the Commission shall provide the
5following information:
6        (i) the amount of State excise and sales tax revenues
7    generated as a result of Public Act 90-739;
8        (ii) the amount of licensing fees received as a result
9    of Public Act 90-739;
10        (iii) the number of reported violations, the number of
11    cease and desist notices issued by the Commission, the
12    number of notices of violations issued to the Department of
13    Revenue, and the number of notices and complaints of
14    violations to law enforcement officials.
15(Source: P.A. 100-134, eff. 8-18-17; 100-201, eff. 8-18-17;
16100-816, eff. 8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff.
178-23-18; 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 101-482,
18eff. 8-23-19; revised 9-20-19.)
 
19    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
20    Sec. 5-1. Licenses issued by the Illinois Liquor Control
21Commission shall be of the following classes:
22    (a) Manufacturer's license - Class 1. Distiller, Class 2.
23Rectifier, Class 3. Brewer, Class 4. First Class Wine
24Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
25First Class Winemaker, Class 7. Second Class Winemaker, Class

 

 

SB3532- 20 -LRB101 18654 RPS 68109 b

18. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
210. Class 1 Craft Distiller, Class 11. Class 2 Craft Distiller,
3Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
4    (b) Distributor's license,
5    (c) Importing Distributor's license,
6    (d) Retailer's license,
7    (e) Special Event Retailer's license (not-for-profit),
8    (f) Railroad license,
9    (g) Boat license,
10    (h) Non-Beverage User's license,
11    (i) Wine-maker's premises license,
12    (j) Airplane license,
13    (k) Foreign importer's license,
14    (l) Broker's license,
15    (m) Non-resident dealer's license,
16    (n) Brew Pub license,
17    (o) Auction liquor license,
18    (p) Caterer retailer license,
19    (q) Special use permit license,
20    (r) Winery shipper's license,
21    (s) Craft distiller tasting permit,
22    (t) Brewer warehouse permit,
23    (u) Distilling pub license,
24    (v) Craft distiller warehouse permit.
25    No person, firm, partnership, corporation, or other legal
26business entity that is engaged in the manufacturing of wine

 

 

SB3532- 21 -LRB101 18654 RPS 68109 b

1may concurrently obtain and hold a wine-maker's license and a
2wine manufacturer's license.
3    (a) A manufacturer's license shall allow the manufacture,
4importation in bulk, storage, distribution and sale of
5alcoholic liquor to persons without the State, as may be
6permitted by law and to licensees in this State as follows:
7    Class 1. A Distiller may make sales and deliveries of
8alcoholic liquor to distillers, rectifiers, importing
9distributors, distributors and non-beverage users and to no
10other licensees.
11    Class 2. A Rectifier, who is not a distiller, as defined
12herein, may make sales and deliveries of alcoholic liquor to
13rectifiers, importing distributors, distributors, retailers
14and non-beverage users and to no other licensees.
15    Class 3. A Brewer may make sales and deliveries of beer to
16importing distributors and distributors and may make sales as
17authorized under subsection (e) of Section 6-4 of this Act.
18    Class 4. A first class wine-manufacturer may make sales and
19deliveries of up to 50,000 gallons of wine to manufacturers,
20importing distributors and distributors, and to no other
21licensees.
22    Class 5. A second class Wine manufacturer may make sales
23and deliveries of more than 50,000 gallons of wine to
24manufacturers, importing distributors and distributors and to
25no other licensees.
26    Class 6. A first-class wine-maker's license shall allow the

 

 

SB3532- 22 -LRB101 18654 RPS 68109 b

1manufacture of up to 50,000 gallons of wine per year, and the
2storage and sale of such wine to distributors in the State and
3to persons without the State, as may be permitted by law. A
4person who, prior to June 1, 2008 (the effective date of Public
5Act 95-634), is a holder of a first-class wine-maker's license
6and annually produces more than 25,000 gallons of its own wine
7and who distributes its wine to licensed retailers shall cease
8this practice on or before July 1, 2008 in compliance with
9Public Act 95-634.
10    Class 7. A second-class wine-maker's license shall allow
11the manufacture of between 50,000 and 150,000 gallons of wine
12per year, and the storage and sale of such wine to distributors
13in this State and to persons without the State, as may be
14permitted by law. A person who, prior to June 1, 2008 (the
15effective date of Public Act 95-634), is a holder of a
16second-class wine-maker's license and annually produces more
17than 25,000 gallons of its own wine and who distributes its
18wine to licensed retailers shall cease this practice on or
19before July 1, 2008 in compliance with Public Act 95-634.
20    Class 8. A limited wine-manufacturer may make sales and
21deliveries not to exceed 40,000 gallons of wine per year to
22distributors, and to non-licensees in accordance with the
23provisions of this Act.
24    Class 9. A craft distiller license, which may only be held
25by a class 1 craft distiller licensee or class 2 craft
26distiller licensee but not held by both a class 1 craft

 

 

SB3532- 23 -LRB101 18654 RPS 68109 b

1distiller licensee and a class 2 craft distiller licensee,
2shall grant all rights conveyed by either: (i) a class 1 craft
3distiller license if the craft distiller holds a class 1 craft
4distiller license; or (ii) a class 2 craft distiller licensee
5if the craft distiller holds a class 2 craft distiller license.
6    Class 10. A class 1 craft distiller license, which may only
7be issued to a licensed craft distiller or licensed
8non-resident dealer, shall allow the manufacture of up to
950,000 gallons of spirits per year provided that the class 1
10craft distiller licensee does not manufacture more than a
11combined 50,000 gallons of spirits per year and is not a member
12of or affiliated with, directly or indirectly, a manufacturer
13that produces more than 50,000 gallons of spirits per year or
14any other alcoholic liquor. A class 1 craft distiller licensee
15may make sales and deliveries to importing distributors and
16distributors and to retail licensees in accordance with the
17conditions set forth in paragraph (19) of subsection (a) of
18Section 3-12 of this Act. However, the aggregate amount of
19spirits sold to non-licensees and sold or delivered to retail
20licensees may not exceed 5,000 gallons per year.
21    A class 1 craft distiller licensee may sell up to 5,000
22gallons of such spirits to non-licensees to the extent
23permitted by any exemption approved by the State Commission
24pursuant to Section 6-4 of this Act. A class 1 craft distiller
25license holder may store such spirits at a non-contiguous
26licensed location, but at no time shall a class 1 craft

 

 

SB3532- 24 -LRB101 18654 RPS 68109 b

1distiller license holder directly or indirectly produce in the
2aggregate more than 50,000 gallons of spirits per year.
3    A class 1 craft distiller licensee may hold more than one
4class 1 craft distiller's license. However, a class 1 craft
5distiller that holds more than one class 1 craft distiller
6license shall not manufacture, in the aggregate, more than
750,000 gallons of spirits by distillation per year and shall
8not sell, in the aggregate, more than 5,000 gallons of such
9spirits to non-licensees in accordance with an exemption
10approved by the State Commission pursuant to Section 6-4 of
11this Act.
12    Class 11. A class 2 craft distiller license, which may only
13be issued to a licensed craft distiller or licensed
14non-resident dealer, shall allow the manufacture of up to
15100,000 gallons of spirits per year provided that the class 2
16craft distiller licensee does not manufacture more than a
17combined 100,000 gallons of spirits per year and is not a
18member of or affiliated with, directly or indirectly, a
19manufacturer that produces more than 100,000 gallons of spirits
20per year or any other alcoholic liquor. A class 2 craft
21distiller licensee may make sales and deliveries to importing
22distributors and distributors, but shall not make sales or
23deliveries to any other licensee. If the State Commission
24provides prior approval, a class 2 craft distiller licensee may
25annually transfer up to 100,000 gallons of spirits manufactured
26by that class 2 craft distiller licensee to the premises of a

 

 

SB3532- 25 -LRB101 18654 RPS 68109 b

1licensed class 2 craft distiller wholly owned and operated by
2the same licensee. A class 2 craft distiller may transfer
3spirits to a distilling pub wholly owned and operated by the
4class 2 craft distiller subject to the following limitations
5and restrictions: (i) the transfer shall not annually exceed
6more than 5,000 gallons; (ii) the annual amount transferred
7shall reduce the distilling pub's annual permitted production
8limit; (iii) all spirits transferred shall be subject to
9Article VIII of this Act; (iv) a written record shall be
10maintained by the distiller and distilling pub specifying the
11amount, date of delivery, and receipt of the product by the
12distilling pub; and (v) the distilling pub shall be located no
13farther than 80 miles from the class 2 craft distiller's
14licensed location.
15    A class 2 craft distiller shall, prior to transferring
16spirits to a distilling pub wholly owned by the class 2 craft
17distiller, furnish a written notice to the State Commission of
18intent to transfer spirits setting forth the name and address
19of the distilling pub and shall annually submit to the State
20Commission a verified report identifying the total gallons of
21spirits transferred to the distilling pub wholly owned by the
22class 2 craft distiller.
23    A class 2 craft distiller license holder may store such
24spirits at a non-contiguous licensed location, but at no time
25shall a class 2 craft distiller license holder directly or
26indirectly produce in the aggregate more than 100,000 gallons

 

 

SB3532- 26 -LRB101 18654 RPS 68109 b

1of spirits per year.
2    Class 12. A class 1 brewer license, which may only be
3issued to a licensed brewer or licensed non-resident dealer,
4shall allow the manufacture of up to 930,000 gallons of beer
5per year provided that the class 1 brewer licensee does not
6manufacture more than a combined 930,000 gallons of beer per
7year and is not a member of or affiliated with, directly or
8indirectly, a manufacturer that produces more than 930,000
9gallons of beer per year or any other alcoholic liquor. A class
101 brewer licensee may make sales and deliveries to importing
11distributors and distributors and to retail licensees in
12accordance with the conditions set forth in paragraph (18) of
13subsection (a) of Section 3-12 of this Act. If the State
14Commission provides prior approval, a class 1 brewer may
15annually transfer up to 930,000 gallons of beer manufactured by
16that class 1 brewer to the premises of a licensed class 1
17brewer wholly owned and operated by the same licensee.
18    Class 13. A class 2 brewer license, which may only be
19issued to a licensed brewer or licensed non-resident dealer,
20shall allow the manufacture of up to 3,720,000 gallons of beer
21per year provided that the class 2 brewer licensee does not
22manufacture more than a combined 3,720,000 gallons of beer per
23year and is not a member of or affiliated with, directly or
24indirectly, a manufacturer that produces more than 3,720,000
25gallons of beer per year or any other alcoholic liquor. A class
262 brewer licensee may make sales and deliveries to importing

 

 

SB3532- 27 -LRB101 18654 RPS 68109 b

1distributors and distributors, but shall not make sales or
2deliveries to any other licensee. If the State Commission
3provides prior approval, a class 2 brewer licensee may annually
4transfer up to 3,720,000 gallons of beer manufactured by that
5class 2 brewer licensee to the premises of a licensed class 2
6brewer wholly owned and operated by the same licensee.
7    A class 2 brewer may transfer beer to a brew pub wholly
8owned and operated by the class 2 brewer subject to the
9following limitations and restrictions: (i) the transfer shall
10not annually exceed more than 31,000 gallons; (ii) the annual
11amount transferred shall reduce the brew pub's annual permitted
12production limit; (iii) all beer transferred shall be subject
13to Article VIII of this Act; (iv) a written record shall be
14maintained by the brewer and brew pub specifying the amount,
15date of delivery, and receipt of the product by the brew pub;
16and (v) the brew pub shall be located no farther than 80 miles
17from the class 2 brewer's licensed location.
18    A class 2 brewer shall, prior to transferring beer to a
19brew pub wholly owned by the class 2 brewer, furnish a written
20notice to the State Commission of intent to transfer beer
21setting forth the name and address of the brew pub and shall
22annually submit to the State Commission a verified report
23identifying the total gallons of beer transferred to the brew
24pub wholly owned by the class 2 brewer.
25    (a-1) A manufacturer which is licensed in this State to
26make sales or deliveries of alcoholic liquor to licensed

 

 

SB3532- 28 -LRB101 18654 RPS 68109 b

1distributors or importing distributors and which enlists
2agents, representatives, or individuals acting on its behalf
3who contact licensed retailers on a regular and continual basis
4in this State must register those agents, representatives, or
5persons acting on its behalf with the State Commission.
6    Registration of agents, representatives, or persons acting
7on behalf of a manufacturer is fulfilled by submitting a form
8to the Commission. The form shall be developed by the
9Commission and shall include the name and address of the
10applicant, the name and address of the manufacturer he or she
11represents, the territory or areas assigned to sell to or
12discuss pricing terms of alcoholic liquor, and any other
13questions deemed appropriate and necessary. All statements in
14the forms required to be made by law or by rule shall be deemed
15material, and any person who knowingly misstates any material
16fact under oath in an application is guilty of a Class B
17misdemeanor. Fraud, misrepresentation, false statements,
18misleading statements, evasions, or suppression of material
19facts in the securing of a registration are grounds for
20suspension or revocation of the registration. The State
21Commission shall post a list of registered agents on the
22Commission's website.
23    (b) A distributor's license shall allow (i) the wholesale
24purchase and storage of alcoholic liquors and sale of alcoholic
25liquors to licensees in this State and to persons without the
26State, as may be permitted by law; (ii) the sale of beer,

 

 

SB3532- 29 -LRB101 18654 RPS 68109 b

1cider, mead, or any combination thereof or both beer and cider
2to brewers, class 1 brewers, and class 2 brewers that, pursuant
3to subsection (e) of Section 6-4 of this Act, sell beer, cider,
4mead, or any combination thereof or both beer and cider to
5non-licensees at their breweries; and (iii) the sale of
6vermouth to class 1 craft distillers and class 2 craft
7distillers that, pursuant to subsection (e) of Section 6-4 of
8this Act, sell spirits, vermouth, or both spirits and vermouth
9to non-licensees at their distilleries. No person licensed as a
10distributor shall be granted a non-resident dealer's license.
11    (c) An importing distributor's license may be issued to and
12held by those only who are duly licensed distributors, upon the
13filing of an application by a duly licensed distributor, with
14the Commission and the Commission shall, without the payment of
15any fee, immediately issue such importing distributor's
16license to the applicant, which shall allow the importation of
17alcoholic liquor by the licensee into this State from any point
18in the United States outside this State, and the purchase of
19alcoholic liquor in barrels, casks or other bulk containers and
20the bottling of such alcoholic liquors before resale thereof,
21but all bottles or containers so filled shall be sealed,
22labeled, stamped and otherwise made to comply with all
23provisions, rules and regulations governing manufacturers in
24the preparation and bottling of alcoholic liquors. The
25importing distributor's license shall permit such licensee to
26purchase alcoholic liquor from Illinois licensed non-resident

 

 

SB3532- 30 -LRB101 18654 RPS 68109 b

1dealers and foreign importers only. No person licensed as an
2importing distributor shall be granted a non-resident dealer's
3license.
4    (d) A retailer's license shall allow the licensee to sell
5and offer for sale at retail, only in the premises specified in
6the license, alcoholic liquor for use or consumption, but not
7for resale in any form. Nothing in Public Act 95-634 shall
8deny, limit, remove, or restrict the ability of a holder of a
9retailer's license to transfer, deliver, or ship alcoholic
10liquor to the purchaser for use or consumption subject to any
11applicable local law or ordinance. Any retail license issued to
12a manufacturer shall only permit the manufacturer to sell beer
13at retail on the premises actually occupied by the
14manufacturer. For the purpose of further describing the type of
15business conducted at a retail licensed premises, a retailer's
16licensee may be designated by the State Commission as (i) an on
17premise consumption retailer, (ii) an off premise sale
18retailer, or (iii) a combined on premise consumption and off
19premise sale retailer.
20    Notwithstanding any other provision of this subsection
21(d), a retail licensee may sell alcoholic liquors to a special
22event retailer licensee for resale to the extent permitted
23under subsection (e).
24    (e) A special event retailer's license (not-for-profit)
25shall permit the licensee to purchase alcoholic liquors from an
26Illinois licensed distributor (unless the licensee purchases

 

 

SB3532- 31 -LRB101 18654 RPS 68109 b

1less than $500 of alcoholic liquors for the special event, in
2which case the licensee may purchase the alcoholic liquors from
3a licensed retailer) and shall allow the licensee to sell and
4offer for sale, at retail, alcoholic liquors for use or
5consumption, but not for resale in any form and only at the
6location and on the specific dates designated for the special
7event in the license. An applicant for a special event retailer
8license must (i) furnish with the application: (A) a resale
9number issued under Section 2c of the Retailers' Occupation Tax
10Act or evidence that the applicant is registered under Section
112a of the Retailers' Occupation Tax Act, (B) a current, valid
12exemption identification number issued under Section 1g of the
13Retailers' Occupation Tax Act, and a certification to the
14Commission that the purchase of alcoholic liquors will be a
15tax-exempt purchase, or (C) a statement that the applicant is
16not registered under Section 2a of the Retailers' Occupation
17Tax Act, does not hold a resale number under Section 2c of the
18Retailers' Occupation Tax Act, and does not hold an exemption
19number under Section 1g of the Retailers' Occupation Tax Act,
20in which event the Commission shall set forth on the special
21event retailer's license a statement to that effect; (ii)
22submit with the application proof satisfactory to the State
23Commission that the applicant will provide dram shop liability
24insurance in the maximum limits; and (iii) show proof
25satisfactory to the State Commission that the applicant has
26obtained local authority approval.

 

 

SB3532- 32 -LRB101 18654 RPS 68109 b

1    Nothing in this Act prohibits an Illinois licensed
2distributor from offering credit or a refund for unused,
3salable alcoholic liquors to a holder of a special event
4retailer's license or the special event retailer's licensee
5from accepting the credit or refund of alcoholic liquors at the
6conclusion of the event specified in the license.
7    (f) A railroad license shall permit the licensee to import
8alcoholic liquors into this State from any point in the United
9States outside this State and to store such alcoholic liquors
10in this State; to make wholesale purchases of alcoholic liquors
11directly from manufacturers, foreign importers, distributors
12and importing distributors from within or outside this State;
13and to store such alcoholic liquors in this State; provided
14that the above powers may be exercised only in connection with
15the importation, purchase or storage of alcoholic liquors to be
16sold or dispensed on a club, buffet, lounge or dining car
17operated on an electric, gas or steam railway in this State;
18and provided further, that railroad licensees exercising the
19above powers shall be subject to all provisions of Article VIII
20of this Act as applied to importing distributors. A railroad
21license shall also permit the licensee to sell or dispense
22alcoholic liquors on any club, buffet, lounge or dining car
23operated on an electric, gas or steam railway regularly
24operated by a common carrier in this State, but shall not
25permit the sale for resale of any alcoholic liquors to any
26licensee within this State. A license shall be obtained for

 

 

SB3532- 33 -LRB101 18654 RPS 68109 b

1each car in which such sales are made.
2    (g) A boat license shall allow the sale of alcoholic liquor
3in individual drinks, on any passenger boat regularly operated
4as a common carrier on navigable waters in this State or on any
5riverboat operated under the Illinois Gambling Act, which boat
6or riverboat maintains a public dining room or restaurant
7thereon.
8    (h) A non-beverage user's license shall allow the licensee
9to purchase alcoholic liquor from a licensed manufacturer or
10importing distributor, without the imposition of any tax upon
11the business of such licensed manufacturer or importing
12distributor as to such alcoholic liquor to be used by such
13licensee solely for the non-beverage purposes set forth in
14subsection (a) of Section 8-1 of this Act, and such licenses
15shall be divided and classified and shall permit the purchase,
16possession and use of limited and stated quantities of
17alcoholic liquor as follows:
18Class 1, not to exceed ......................... 500 gallons
19Class 2, not to exceed ....................... 1,000 gallons
20Class 3, not to exceed ....................... 5,000 gallons
21Class 4, not to exceed ...................... 10,000 gallons
22Class 5, not to exceed ....................... 50,000 gallons
23    (i) A wine-maker's premises license shall allow a licensee
24that concurrently holds a first-class wine-maker's license to
25sell and offer for sale at retail in the premises specified in
26such license not more than 50,000 gallons of the first-class

 

 

SB3532- 34 -LRB101 18654 RPS 68109 b

1wine-maker's wine that is made at the first-class wine-maker's
2licensed premises per year for use or consumption, but not for
3resale in any form. A wine-maker's premises license shall allow
4a licensee who concurrently holds a second-class wine-maker's
5license to sell and offer for sale at retail in the premises
6specified in such license up to 100,000 gallons of the
7second-class wine-maker's wine that is made at the second-class
8wine-maker's licensed premises per year for use or consumption
9but not for resale in any form. A wine-maker's premises license
10shall allow a licensee that concurrently holds a first-class
11wine-maker's license or a second-class wine-maker's license to
12sell and offer for sale at retail at the premises specified in
13the wine-maker's premises license, for use or consumption but
14not for resale in any form, any beer, wine, and spirits
15purchased from a licensed distributor. Upon approval from the
16State Commission, a wine-maker's premises license shall allow
17the licensee to sell and offer for sale at (i) the wine-maker's
18licensed premises and (ii) at up to 2 additional locations for
19use and consumption and not for resale. Each location shall
20require additional licensing per location as specified in
21Section 5-3 of this Act. A wine-maker's premises licensee shall
22secure liquor liability insurance coverage in an amount at
23least equal to the maximum liability amounts set forth in
24subsection (a) of Section 6-21 of this Act.
25    (j) An airplane license shall permit the licensee to import
26alcoholic liquors into this State from any point in the United

 

 

SB3532- 35 -LRB101 18654 RPS 68109 b

1States outside this State and to store such alcoholic liquors
2in this State; to make wholesale purchases of alcoholic liquors
3directly from manufacturers, foreign importers, distributors
4and importing distributors from within or outside this State;
5and to store such alcoholic liquors in this State; provided
6that the above powers may be exercised only in connection with
7the importation, purchase or storage of alcoholic liquors to be
8sold or dispensed on an airplane; and provided further, that
9airplane licensees exercising the above powers shall be subject
10to all provisions of Article VIII of this Act as applied to
11importing distributors. An airplane licensee shall also permit
12the sale or dispensing of alcoholic liquors on any passenger
13airplane regularly operated by a common carrier in this State,
14but shall not permit the sale for resale of any alcoholic
15liquors to any licensee within this State. A single airplane
16license shall be required of an airline company if liquor
17service is provided on board aircraft in this State. The annual
18fee for such license shall be as determined in Section 5-3.
19    (k) A foreign importer's license shall permit such licensee
20to purchase alcoholic liquor from Illinois licensed
21non-resident dealers only, and to import alcoholic liquor other
22than in bulk from any point outside the United States and to
23sell such alcoholic liquor to Illinois licensed importing
24distributors and to no one else in Illinois; provided that (i)
25the foreign importer registers with the State Commission every
26brand of alcoholic liquor that it proposes to sell to Illinois

 

 

SB3532- 36 -LRB101 18654 RPS 68109 b

1licensees during the license period, (ii) the foreign importer
2complies with all of the provisions of Section 6-9 of this Act
3with respect to registration of such Illinois licensees as may
4be granted the right to sell such brands at wholesale, and
5(iii) the foreign importer complies with the provisions of
6Sections 6-5 and 6-6 of this Act to the same extent that these
7provisions apply to manufacturers.
8    (l) (i) A broker's license shall be required of all persons
9who solicit orders for, offer to sell or offer to supply
10alcoholic liquor to retailers in the State of Illinois, or who
11offer to retailers to ship or cause to be shipped or to make
12contact with distillers, craft distillers, rectifiers, brewers
13or manufacturers or any other party within or without the State
14of Illinois in order that alcoholic liquors be shipped to a
15distributor, importing distributor or foreign importer,
16whether such solicitation or offer is consummated within or
17without the State of Illinois.
18    No holder of a retailer's license issued by the Illinois
19Liquor Control Commission shall purchase or receive any
20alcoholic liquor, the order for which was solicited or offered
21for sale to such retailer by a broker unless the broker is the
22holder of a valid broker's license.
23    The broker shall, upon the acceptance by a retailer of the
24broker's solicitation of an order or offer to sell or supply or
25deliver or have delivered alcoholic liquors, promptly forward
26to the Illinois Liquor Control Commission a notification of

 

 

SB3532- 37 -LRB101 18654 RPS 68109 b

1said transaction in such form as the Commission may by
2regulations prescribe.
3    (ii) A broker's license shall be required of a person
4within this State, other than a retail licensee, who, for a fee
5or commission, promotes, solicits, or accepts orders for
6alcoholic liquor, for use or consumption and not for resale, to
7be shipped from this State and delivered to residents outside
8of this State by an express company, common carrier, or
9contract carrier. This Section does not apply to any person who
10promotes, solicits, or accepts orders for wine as specifically
11authorized in Section 6-29 of this Act.
12    A broker's license under this subsection (l) shall not
13entitle the holder to buy or sell any alcoholic liquors for his
14own account or to take or deliver title to such alcoholic
15liquors.
16    This subsection (l) shall not apply to distributors,
17employees of distributors, or employees of a manufacturer who
18has registered the trademark, brand or name of the alcoholic
19liquor pursuant to Section 6-9 of this Act, and who regularly
20sells such alcoholic liquor in the State of Illinois only to
21its registrants thereunder.
22    Any agent, representative, or person subject to
23registration pursuant to subsection (a-1) of this Section shall
24not be eligible to receive a broker's license.
25    (m) A non-resident dealer's license shall permit such
26licensee to ship into and warehouse alcoholic liquor into this

 

 

SB3532- 38 -LRB101 18654 RPS 68109 b

1State from any point outside of this State, and to sell such
2alcoholic liquor to Illinois licensed foreign importers and
3importing distributors and to no one else in this State;
4provided that (i) said non-resident dealer shall register with
5the Illinois Liquor Control Commission each and every brand of
6alcoholic liquor which it proposes to sell to Illinois
7licensees during the license period, (ii) it shall comply with
8all of the provisions of Section 6-9 hereof with respect to
9registration of such Illinois licensees as may be granted the
10right to sell such brands at wholesale by duly filing such
11registration statement, thereby authorizing the non-resident
12dealer to proceed to sell such brands at wholesale, and (iii)
13the non-resident dealer shall comply with the provisions of
14Sections 6-5 and 6-6 of this Act to the same extent that these
15provisions apply to manufacturers. No person licensed as a
16non-resident dealer shall be granted a distributor's or
17importing distributor's license.
18    (n) A brew pub license shall allow the licensee to only (i)
19manufacture up to 155,000 gallons of beer per year only on the
20premises specified in the license, (ii) make sales of the beer
21manufactured on the premises or, with the approval of the
22Commission, beer manufactured on another brew pub licensed
23premises that is wholly owned and operated by the same licensee
24to importing distributors, distributors, and to non-licensees
25for use and consumption, (iii) store the beer upon the
26premises, (iv) sell and offer for sale at retail from the

 

 

SB3532- 39 -LRB101 18654 RPS 68109 b

1licensed premises for off-premises consumption no more than
2155,000 gallons per year so long as such sales are only made
3in-person, (v) sell and offer for sale at retail for use and
4consumption on the premises specified in the license any form
5of alcoholic liquor purchased from a licensed distributor or
6importing distributor, (vi) with the prior approval of the
7Commission, annually transfer no more than 155,000 gallons of
8beer manufactured on the premises to a licensed brew pub wholly
9owned and operated by the same licensee, and (vii)
10notwithstanding item (i) of this subsection, brew pubs wholly
11owned and operated by the same licensee may combine each
12location's production limit of 155,000 gallons of beer per year
13and allocate the aggregate total between the wholly owned,
14operated, and licensed locations.
15    A brew pub licensee shall not under any circumstance sell
16or offer for sale beer manufactured by the brew pub licensee to
17retail licensees.
18    A person who holds a class 2 brewer license may
19simultaneously hold a brew pub license if the class 2 brewer
20(i) does not, under any circumstance, sell or offer for sale
21beer manufactured by the class 2 brewer to retail licensees;
22(ii) does not hold more than 3 brew pub licenses in this State;
23(iii) does not manufacture more than a combined 3,720,000
24gallons of beer per year, including the beer manufactured at
25the brew pub; and (iv) is not a member of or affiliated with,
26directly or indirectly, a manufacturer that produces more than

 

 

SB3532- 40 -LRB101 18654 RPS 68109 b

13,720,000 gallons of beer per year or any other alcoholic
2liquor.
3    Notwithstanding any other provision of this Act, a licensed
4brewer, class 2 brewer, or non-resident dealer who before July
51, 2015 manufactured less than 3,720,000 gallons of beer per
6year and held a brew pub license on or before July 1, 2015 may
7(i) continue to qualify for and hold that brew pub license for
8the licensed premises and (ii) manufacture more than 3,720,000
9gallons of beer per year and continue to qualify for and hold
10that brew pub license if that brewer, class 2 brewer, or
11non-resident dealer does not simultaneously hold a class 1
12brewer license and is not a member of or affiliated with,
13directly or indirectly, a manufacturer that produces more than
143,720,000 gallons of beer per year or that produces any other
15alcoholic liquor.
16    (o) A caterer retailer license shall allow the holder to
17serve alcoholic liquors as an incidental part of a food service
18that serves prepared meals which excludes the serving of snacks
19as the primary meal, either on or off-site whether licensed or
20unlicensed. A caterer retailer license shall allow the holder,
21a distributor, or an importing distributor to transfer any
22inventory to and from the holder's retail premises and shall
23allow the holder to purchase alcoholic liquor from a
24distributor or importing distributor to be delivered directly
25to an off-site event.
26    Nothing in this Act prohibits a distributor or importing

 

 

SB3532- 41 -LRB101 18654 RPS 68109 b

1distributor from offering credit or a refund for unused,
2salable beer to a holder of a caterer retailer license or a
3caterer retailer licensee from accepting a credit or refund for
4unused, salable beer, in the event an act of God is the sole
5reason an off-site event is cancelled and if: (i) the holder of
6a caterer retailer license has not transferred alcoholic liquor
7from its caterer retailer premises to an off-site location;
8(ii) the distributor or importing distributor offers the credit
9or refund for the unused, salable beer that it delivered to the
10off-site premises and not for any unused, salable beer that the
11distributor or importing distributor delivered to the caterer
12retailer's premises; and (iii) the unused, salable beer would
13likely spoil if transferred to the caterer retailer's premises.
14A caterer retailer license shall allow the holder to transfer
15any inventory from any off-site location to its caterer
16retailer premises at the conclusion of an off-site event or
17engage a distributor or importing distributor to transfer any
18inventory from any off-site location to its caterer retailer
19premises at the conclusion of an off-site event, provided that
20the distributor or importing distributor issues bona fide
21charges to the caterer retailer licensee for fuel, labor, and
22delivery and the distributor or importing distributor collects
23payment from the caterer retailer licensee prior to the
24distributor or importing distributor transferring inventory to
25the caterer retailer premises.
26    For purposes of this subsection (o), an "act of God" means

 

 

SB3532- 42 -LRB101 18654 RPS 68109 b

1an unforeseeable event, such as a rain or snow storm, hail, a
2flood, or a similar event, that is the sole cause of the
3cancellation of an off-site, outdoor event.
4    (p) An auction liquor license shall allow the licensee to
5sell and offer for sale at auction wine and spirits for use or
6consumption, or for resale by an Illinois liquor licensee in
7accordance with provisions of this Act. An auction liquor
8license will be issued to a person and it will permit the
9auction liquor licensee to hold the auction anywhere in the
10State. An auction liquor license must be obtained for each
11auction at least 14 days in advance of the auction date.
12    (q) A special use permit license shall allow an Illinois
13licensed retailer to transfer a portion of its alcoholic liquor
14inventory from its retail licensed premises to the premises
15specified in the license hereby created; to purchase alcoholic
16liquor from a distributor or importing distributor to be
17delivered directly to the location specified in the license
18hereby created; and to sell or offer for sale at retail, only
19in the premises specified in the license hereby created, the
20transferred or delivered alcoholic liquor for use or
21consumption, but not for resale in any form. A special use
22permit license may be granted for the following time periods:
23one day or less; 2 or more days to a maximum of 15 days per
24location in any 12-month period. An applicant for the special
25use permit license must also submit with the application proof
26satisfactory to the State Commission that the applicant will

 

 

SB3532- 43 -LRB101 18654 RPS 68109 b

1provide dram shop liability insurance to the maximum limits and
2have local authority approval.
3    A special use permit license shall allow the holder to
4transfer any inventory from the holder's special use premises
5to its retail premises at the conclusion of the special use
6event or engage a distributor or importing distributor to
7transfer any inventory from the holder's special use premises
8to its retail premises at the conclusion of an off-site event,
9provided that the distributor or importing distributor issues
10bona fide charges to the special use permit licensee for fuel,
11labor, and delivery and the distributor or importing
12distributor collects payment from the retail licensee prior to
13the distributor or importing distributor transferring
14inventory to the retail premises.
15    Nothing in this Act prohibits a distributor or importing
16distributor from offering credit or a refund for unused,
17salable beer to a special use permit licensee or a special use
18permit licensee from accepting a credit or refund for unused,
19salable beer at the conclusion of the event specified in the
20license if: (i) the holder of the special use permit license
21has not transferred alcoholic liquor from its retail licensed
22premises to the premises specified in the special use permit
23license; (ii) the distributor or importing distributor offers
24the credit or refund for the unused, salable beer that it
25delivered to the premises specified in the special use permit
26license and not for any unused, salable beer that the

 

 

SB3532- 44 -LRB101 18654 RPS 68109 b

1distributor or importing distributor delivered to the
2retailer's premises; and (iii) the unused, salable beer would
3likely spoil if transferred to the retailer premises.
4    (r) A winery shipper's license shall allow a person with a
5first-class or second-class wine manufacturer's license, a
6first-class or second-class wine-maker's license, or a limited
7wine manufacturer's license or who is licensed to make wine
8under the laws of another state to ship wine made by that
9licensee directly to a resident of this State who is 21 years
10of age or older for that resident's personal use and not for
11resale. Prior to receiving a winery shipper's license, an
12applicant for the license must provide the Commission with a
13true copy of its current license in any state in which it is
14licensed as a manufacturer of wine. An applicant for a winery
15shipper's license must also complete an application form that
16provides any other information the Commission deems necessary.
17The application form shall include all addresses from which the
18applicant for a winery shipper's license intends to ship wine,
19including the name and address of any third party, except for a
20common carrier, authorized to ship wine on behalf of the
21manufacturer. The application form shall include an
22acknowledgement consenting to the jurisdiction of the
23Commission, the Illinois Department of Revenue, and the courts
24of this State concerning the enforcement of this Act and any
25related laws, rules, and regulations, including authorizing
26the Department of Revenue and the Commission to conduct audits

 

 

SB3532- 45 -LRB101 18654 RPS 68109 b

1for the purpose of ensuring compliance with Public Act 95-634,
2and an acknowledgement that the wine manufacturer is in
3compliance with Section 6-2 of this Act. Any third party,
4except for a common carrier, authorized to ship wine on behalf
5of a first-class or second-class wine manufacturer's licensee,
6a first-class or second-class wine-maker's licensee, a limited
7wine manufacturer's licensee, or a person who is licensed to
8make wine under the laws of another state shall also be
9disclosed by the winery shipper's licensee, and a copy of the
10written appointment of the third-party wine provider, except
11for a common carrier, to the wine manufacturer shall be filed
12with the State Commission as a supplement to the winery
13shipper's license application or any renewal thereof. The
14winery shipper's license holder shall affirm under penalty of
15perjury, as part of the winery shipper's license application or
16renewal, that he or she only ships wine, either directly or
17indirectly through a third-party provider, from the licensee's
18own production.
19    Except for a common carrier, a third-party provider
20shipping wine on behalf of a winery shipper's license holder is
21the agent of the winery shipper's license holder and, as such,
22a winery shipper's license holder is responsible for the acts
23and omissions of the third-party provider acting on behalf of
24the license holder. A third-party provider, except for a common
25carrier, that engages in shipping wine into Illinois on behalf
26of a winery shipper's license holder shall consent to the

 

 

SB3532- 46 -LRB101 18654 RPS 68109 b

1jurisdiction of the State Commission and the State. Any
2third-party, except for a common carrier, holding such an
3appointment shall, by February 1 of each calendar year and upon
4request by the State Commission or the Department of Revenue,
5file with the State Commission a statement detailing each
6shipment made to an Illinois resident. The statement shall
7include the name and address of the third-party provider filing
8the statement, the time period covered by the statement, and
9the following information:
10        (1) the name, address, and license number of the winery
11    shipper on whose behalf the shipment was made;
12        (2) the quantity of the products delivered; and
13        (3) the date and address of the shipment.
14If the Department of Revenue or the State Commission requests a
15statement under this paragraph, the third-party provider must
16provide that statement no later than 30 days after the request
17is made. Any books, records, supporting papers, and documents
18containing information and data relating to a statement under
19this paragraph shall be kept and preserved for a period of 3
20years, unless their destruction sooner is authorized, in
21writing, by the Director of Revenue, and shall be open and
22available to inspection by the Director of Revenue or the State
23Commission or any duly authorized officer, agent, or employee
24of the State Commission or the Department of Revenue, at all
25times during business hours of the day. Any person who violates
26any provision of this paragraph or any rule of the State

 

 

SB3532- 47 -LRB101 18654 RPS 68109 b

1Commission for the administration and enforcement of the
2provisions of this paragraph is guilty of a Class C
3misdemeanor. In case of a continuing violation, each day's
4continuance thereof shall be a separate and distinct offense.
5    The State Commission shall adopt rules as soon as
6practicable to implement the requirements of Public Act 99-904
7and shall adopt rules prohibiting any such third-party
8appointment of a third-party provider, except for a common
9carrier, that has been deemed by the State Commission to have
10violated the provisions of this Act with regard to any winery
11shipper licensee.
12    A winery shipper licensee must pay to the Department of
13Revenue the State liquor gallonage tax under Section 8-1 for
14all wine that is sold by the licensee and shipped to a person
15in this State. For the purposes of Section 8-1, a winery
16shipper licensee shall be taxed in the same manner as a
17manufacturer of wine. A licensee who is not otherwise required
18to register under the Retailers' Occupation Tax Act must
19register under the Use Tax Act to collect and remit use tax to
20the Department of Revenue for all gallons of wine that are sold
21by the licensee and shipped to persons in this State. If a
22licensee fails to remit the tax imposed under this Act in
23accordance with the provisions of Article VIII of this Act, the
24winery shipper's license shall be revoked in accordance with
25the provisions of Article VII of this Act. If a licensee fails
26to properly register and remit tax under the Use Tax Act or the

 

 

SB3532- 48 -LRB101 18654 RPS 68109 b

1Retailers' Occupation Tax Act for all wine that is sold by the
2winery shipper and shipped to persons in this State, the winery
3shipper's license shall be revoked in accordance with the
4provisions of Article VII of this Act.
5    A winery shipper licensee must collect, maintain, and
6submit to the Commission on a semi-annual basis the total
7number of cases per resident of wine shipped to residents of
8this State. A winery shipper licensed under this subsection (r)
9must comply with the requirements of Section 6-29 of this Act.
10    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
11Section 3-12, the State Commission may receive, respond to, and
12investigate any complaint and impose any of the remedies
13specified in paragraph (1) of subsection (a) of Section 3-12.
14    As used in this subsection, "third-party provider" means
15any entity that provides fulfillment house services, including
16warehousing, packaging, distribution, order processing, or
17shipment of wine, but not the sale of wine, on behalf of a
18licensed winery shipper.
19    (s) A craft distiller tasting permit license shall allow an
20Illinois licensed class 1 craft distiller or class 2 craft
21distiller to transfer a portion of its alcoholic liquor
22inventory from its class 1 craft distiller or class 2 craft
23distiller licensed premises to the premises specified in the
24license hereby created and to conduct a sampling, only in the
25premises specified in the license hereby created, of the
26transferred alcoholic liquor in accordance with subsection (c)

 

 

SB3532- 49 -LRB101 18654 RPS 68109 b

1of Section 6-31 of this Act. The transferred alcoholic liquor
2may not be sold or resold in any form. An applicant for the
3craft distiller tasting permit license must also submit with
4the application proof satisfactory to the State Commission that
5the applicant will provide dram shop liability insurance to the
6maximum limits and have local authority approval.
7    (t) A brewer warehouse permit may be issued to the holder
8of a class 1 brewer license or a class 2 brewer license. If the
9holder of the permit is a class 1 brewer licensee, the brewer
10warehouse permit shall allow the holder to store or warehouse
11up to 930,000 gallons of tax-determined beer manufactured by
12the holder of the permit at the premises specified on the
13permit. If the holder of the permit is a class 2 brewer
14licensee, the brewer warehouse permit shall allow the holder to
15store or warehouse up to 3,720,000 gallons of tax-determined
16beer manufactured by the holder of the permit at the premises
17specified on the permit. Sales to non-licensees are prohibited
18at the premises specified in the brewer warehouse permit.
19    (u) A distilling pub license shall allow the licensee to
20only (i) manufacture up to 5,000 gallons of spirits per year
21only on the premises specified in the license, (ii) make sales
22of the spirits manufactured on the premises or, with the
23approval of the State Commission, spirits manufactured on
24another distilling pub licensed premises that is wholly owned
25and operated by the same licensee to importing distributors and
26distributors and to non-licensees for use and consumption,

 

 

SB3532- 50 -LRB101 18654 RPS 68109 b

1(iii) store the spirits upon the premises, (iv) sell and offer
2for sale at retail from the licensed premises for off-premises
3consumption no more than 5,000 gallons per year so long as such
4sales are only made in-person, (v) sell and offer for sale at
5retail for use and consumption on the premises specified in the
6license any form of alcoholic liquor purchased from a licensed
7distributor or importing distributor, and (vi) with the prior
8approval of the State Commission, annually transfer no more
9than 5,000 gallons of spirits manufactured on the premises to a
10licensed distilling pub wholly owned and operated by the same
11licensee.
12    A distilling pub licensee shall not under any circumstance
13sell or offer for sale spirits manufactured by the distilling
14pub licensee to retail licensees.
15    A person who holds a class 2 craft distiller license may
16simultaneously hold a distilling pub license if the class 2
17craft distiller (i) does not, under any circumstance, sell or
18offer for sale spirits manufactured by the class 2 craft
19distiller to retail licensees; (ii) does not hold more than 3
20distilling pub licenses in this State; (iii) does not
21manufacture more than a combined 100,000 gallons of spirits per
22year, including the spirits manufactured at the distilling pub;
23and (iv) is not a member of or affiliated with, directly or
24indirectly, a manufacturer that produces more than 100,000
25gallons of spirits per year or any other alcoholic liquor.
26    (v) A craft distiller warehouse permit may be issued to the

 

 

SB3532- 51 -LRB101 18654 RPS 68109 b

1holder of a class 1 craft distiller or class 2 craft distiller
2license. The craft distiller warehouse permit shall allow the
3holder to store or warehouse up to 500,000 gallons of spirits
4manufactured by the holder of the permit at the premises
5specified on the permit. Sales to non-licensees are prohibited
6at the premises specified in the craft distiller warehouse
7permit.
8(Source: P.A. 100-17, eff. 6-30-17; 100-201, eff. 8-18-17;
9100-816, eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff.
108-23-18; 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; 101-81,
11eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. 8-23-19;
12101-615, eff. 12-20-19.)
 
13    (235 ILCS 5/6-4)  (from Ch. 43, par. 121)
14    Sec. 6-4. (a) No person licensed by any licensing authority
15as a distiller, or a wine manufacturer, or any subsidiary or
16affiliate thereof, or any officer, associate, member, partner,
17representative, employee, agent or shareholder owning more
18than 5% of the outstanding shares of such person shall be
19issued an importing distributor's or distributor's license,
20nor shall any person licensed by any licensing authority as an
21importing distributor, distributor or retailer, or any
22subsidiary or affiliate thereof, or any officer or associate,
23member, partner, representative, employee, agent or
24shareholder owning more than 5% of the outstanding shares of
25such person be issued a distiller's license, a craft

 

 

SB3532- 52 -LRB101 18654 RPS 68109 b

1distiller's license, or a wine manufacturer's license; and no
2person or persons licensed as a distiller, craft distiller,
3class 1 craft distiller, or class 2 craft distiller by any
4licensing authority shall have any interest, directly or
5indirectly, with such distributor or importing distributor.
6    However, an importing distributor or distributor, which on
7January 1, 1985 is owned by a brewer, or any subsidiary or
8affiliate thereof or any officer, associate, member, partner,
9representative, employee, agent or shareholder owning more
10than 5% of the outstanding shares of the importing distributor
11or distributor referred to in this paragraph, may own or
12acquire an ownership interest of more than 5% of the
13outstanding shares of a wine manufacturer and be issued a wine
14manufacturer's license by any licensing authority.
15    (b) The foregoing provisions shall not apply to any person
16licensed by any licensing authority as a distiller or wine
17manufacturer, or to any subsidiary or affiliate of any
18distiller or wine manufacturer who shall have been heretofore
19licensed by the State Commission as either an importing
20distributor or distributor during the annual licensing period
21expiring June 30, 1947, and shall actually have made sales
22regularly to retailers.
23    (c) Provided, however, that in such instances where a
24distributor's or importing distributor's license has been
25issued to any distiller or wine manufacturer or to any
26subsidiary or affiliate of any distiller or wine manufacturer

 

 

SB3532- 53 -LRB101 18654 RPS 68109 b

1who has, during the licensing period ending June 30, 1947, sold
2or distributed as such licensed distributor or importing
3distributor alcoholic liquors and wines to retailers, such
4distiller or wine manufacturer or any subsidiary or affiliate
5of any distiller or wine manufacturer holding such
6distributor's or importing distributor's license may continue
7to sell or distribute to retailers such alcoholic liquors and
8wines which are manufactured, distilled, processed or marketed
9by distillers and wine manufacturers whose products it sold or
10distributed to retailers during the whole or any part of its
11licensing periods; and such additional brands and additional
12products may be added to the line of such distributor or
13importing distributor, provided, that such brands and such
14products were not sold or distributed by any distributor or
15importing distributor licensed by the State Commission during
16the licensing period ending June 30, 1947, but can not sell or
17distribute to retailers any other alcoholic liquors or wines.
18    (d) It shall be unlawful for any distiller licensed
19anywhere to have any stock ownership or interest in any
20distributor's or importing distributor's license wherein any
21other person has an interest therein who is not a distiller and
22does not own more than 5% of any stock in any distillery.
23Nothing herein contained shall apply to such distillers or
24their subsidiaries or affiliates, who had a distributor's or
25importing distributor's license during the licensing period
26ending June 30, 1947, which license was owned in whole by such

 

 

SB3532- 54 -LRB101 18654 RPS 68109 b

1distiller, or subsidiaries or affiliates of such distiller.
2    (e) Any person licensed as a brewer, class 1 brewer, or
3class 2 brewer shall be permitted to sell on the licensed
4premises to non-licensees for on or off-premises consumption
5for the premises in which he or she actually conducts such
6business: (i) beer manufactured by the brewer, class 1 brewer,
7or class 2 brewer; (ii) beer manufactured by any other brewer,
8class 1 brewer, or class 2 brewer; and (iii) cider or mead.
9Such sales shall be limited to on-premises, in-person sales
10only, for lawful consumption on or off premises. Such
11authorization shall be considered a privilege granted by the
12brewer license and, other than a manufacturer of beer as stated
13above, no manufacturer or distributor or importing
14distributor, excluding airplane licensees exercising powers
15provided in paragraph (i) of Section 5-1 of this Act, or any
16subsidiary or affiliate thereof, or any officer, associate,
17member, partner, representative, employee or agent, or
18shareholder shall be issued a retailer's license, nor shall any
19person having a retailer's license, excluding airplane
20licensees exercising powers provided in paragraph (i) of
21Section 5-1 of this Act, or any subsidiary or affiliate
22thereof, or any officer, associate, member, partner,
23representative or agent, or shareholder be issued a
24manufacturer's license or importing distributor's license.
25    A manufacturer of beer that imports or transfers beer into
26this State must comply with Sections 6-8 and 8-1 of this Act.

 

 

SB3532- 55 -LRB101 18654 RPS 68109 b

1    A person who holds a class 1 or class 2 brewer license and
2is authorized by this Section to sell beer to non-licensees
3shall not sell beer to non-licensees from more than 3 total
4brewer or commonly owned brew pub licensed locations in this
5State. The class 1 or class 2 brewer shall designate to the
6State Commission the brewer or brew pub locations from which it
7will sell beer to non-licensees.
8    A person licensed as a class 1 craft distiller or a class 2
9craft distiller, including a person who holds more than one
10class 1 craft distiller or class 2 craft distiller license, not
11affiliated with any other person manufacturing spirits may be
12authorized by the State Commission to sell (1) up to 5,000
13gallons of spirits produced by the person to non-licensees for
14on or off-premises consumption for the premises in which he or
15she actually conducts business permitting only the retail sale
16of spirits manufactured at such premises and (2) vermouth
17purchased through a licensed distributor for on-premises
18consumption. Such sales shall be limited to on-premises,
19in-person sales only, for lawful consumption on or off
20premises, and such authorization shall be considered a
21privilege granted by the class 1 craft distiller or class 2
22craft distiller license. A class 1 craft distiller or class 2
23craft distiller licensed for retail sale shall secure liquor
24liability insurance coverage in an amount at least equal to the
25maximum liability amounts set forth in subsection (a) of
26Section 6-21 of this Act.

 

 

SB3532- 56 -LRB101 18654 RPS 68109 b

1    A class 1 craft distiller or class 2 craft distiller
2license holder shall not deliver any alcoholic liquor to any
3non-licensee off the licensed premises. A class 1 craft
4distiller or class 2 craft distiller shall affirm in its annual
5license application that it does not produce more than 50,000
6or 100,000 gallons of distilled spirits annually, whichever is
7applicable, and that the craft distiller does not sell more
8than 5,000 gallons of spirits to non-licensees for on or
9off-premises consumption. In the application, which shall be
10sworn under penalty of perjury, the class 1 craft distiller or
11class 2 craft distiller shall state the volume of production
12and sales for each year since the class 1 craft distiller's or
13class 2 craft distiller's establishment.
14    A person who holds a class 1 craft distiller or class 2
15craft distiller license and is authorized by this Section to
16sell spirits to non-licensees shall not sell spirits to
17non-licensees from more than 3 total distillery or commonly
18owned distilling pub licensed locations in this State. The
19class 1 craft distiller or class 2 craft distiller shall
20designate to the State Commission the distillery or distilling
21pub locations from which it will sell spirits to non-licensees.
22    (f) (Blank).
23    (g) Notwithstanding any of the foregoing prohibitions, a
24limited wine manufacturer may sell at retail at its
25manufacturing site for on or off premises consumption and may
26sell to distributors. A limited wine manufacturer licensee

 

 

SB3532- 57 -LRB101 18654 RPS 68109 b

1shall secure liquor liability insurance coverage in an amount
2at least equal to the maximum liability amounts set forth in
3subsection (a) of Section 6-21 of this Act.
4    (h) The changes made to this Section by Public Act 99-47
5shall not diminish or impair the rights of any person, whether
6a distiller, wine manufacturer, agent, or affiliate thereof,
7who requested in writing and submitted documentation to the
8State Commission on or before February 18, 2015 to be approved
9for a retail license pursuant to what has heretofore been
10subsection (f); provided that, on or before that date, the
11State Commission considered the intent of that person to apply
12for the retail license under that subsection and, by recorded
13vote, the State Commission approved a resolution indicating
14that such a license application could be lawfully approved upon
15that person duly filing a formal application for a retail
16license and if that person, within 90 days of the State
17Commission appearance and recorded vote, first filed an
18application with the appropriate local commission, which
19application was subsequently approved by the appropriate local
20commission prior to consideration by the State Commission of
21that person's application for a retail license. It is further
22provided that the State Commission may approve the person's
23application for a retail license or renewals of such license if
24such person continues to diligently adhere to all
25representations made in writing to the State Commission on or
26before February 18, 2015, or thereafter, or in the affidavit

 

 

SB3532- 58 -LRB101 18654 RPS 68109 b

1filed by that person with the State Commission to support the
2issuance of a retail license and to abide by all applicable
3laws and duly adopted rules.
4(Source: P.A. 100-201, eff. 8-18-17; 100-816, eff. 8-13-18;
5100-885, eff. 8-14-18; 101-81, eff. 7-12-19; 101-482, eff.
68-23-19; 101-615, eff. 12-20-19.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.