101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3830

 

Introduced 2/14/2020, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/3-12
235 ILCS 5/5-1  from Ch. 43, par. 115
235 ILCS 5/5-3  from Ch. 43, par. 118
235 ILCS 5/6-2  from Ch. 43, par. 120
235 ILCS 5/6-29  from Ch. 43, par. 144e
235 ILCS 5/6-29.1
235 ILCS 5/7-1  from Ch. 43, par. 145
235 ILCS 5/9-13  from Ch. 43, par. 176

    Amends the Liquor Control Act of 1934. Creates the wine retail shipper's license. Provides that a wine retail shipper's license shall allow a person licensed to retail wine under the laws of another state to ship wine in that wine retail shipper's inventory directly to a resident of this State who is 21 years of age or older for that resident's personal use and not for resale. Provides that a wine shipper licensee or wine retail shipper licensee (instead of a wine shipper licensee) may ship wine (instead of not more than 12 cases of wine per year), for personal use and not for resale, to any resident of this State who is 21 years of age or older. Establishes licensing fees and eligibility for a license. Contains provisions concerning taxation; recordkeeping; reporting; third-party providers; and discipline. Makes conforming and other changes.


LRB101 20745 RPS 70430 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3830LRB101 20745 RPS 70430 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, 5-3, 6-2, 6-29, 6-29.1, 7-1, and
69-13 as follows:
 
7    (235 ILCS 5/3-12)
8    Sec. 3-12. Powers and duties of State Commission.
9    (a) The State Commission shall have the following powers,
10functions, and duties:
11        (1) To receive applications and to issue licenses to
12    manufacturers, foreign importers, importing distributors,
13    distributors, non-resident dealers, on premise consumption
14    retailers, off premise sale retailers, special event
15    retailer licensees, special use permit licenses, auction
16    liquor licenses, brew pubs, caterer retailers,
17    non-beverage users, railroads, including owners and
18    lessees of sleeping, dining and cafe cars, airplanes,
19    boats, brokers, and wine maker's premises licensees in
20    accordance with the provisions of this Act, and to suspend
21    or revoke such licenses upon the State Commission's
22    determination, upon notice after hearing, that a licensee
23    has violated any provision of this Act or any rule or

 

 

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

 

 

SB3830- 3 -LRB101 20745 RPS 70430 b

1    licensee, for the period of the license, shall not exceed
2    $20,000. The maximum penalty that may be imposed on a
3    licensee for selling a bottle of alcoholic liquor with a
4    foreign object in it or serving from a bottle of alcoholic
5    liquor with a foreign object in it shall be the destruction
6    of that bottle of alcoholic liquor for the first 10 bottles
7    so sold or served from by the licensee. For the eleventh
8    bottle of alcoholic liquor and for each third bottle
9    thereafter sold or served from by the licensee with a
10    foreign object in it, the maximum penalty that may be
11    imposed on the licensee is the destruction of the bottle of
12    alcoholic liquor and a fine of up to $50.
13        Any notice issued by the State Commission to a licensee
14    for a violation of this Act or any notice with respect to
15    settlement or offer in compromise shall include the field
16    report, photographs, and any other supporting
17    documentation necessary to reasonably inform the licensee
18    of the nature and extent of the violation or the conduct
19    alleged to have occurred. The failure to include such
20    required documentation shall result in the dismissal of the
21    action.
22        (2) To adopt such rules and regulations consistent with
23    the provisions of this Act which shall be necessary to
24    carry on its functions and duties to the end that the
25    health, safety and welfare of the People of the State of
26    Illinois shall be protected and temperance in the

 

 

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

 

 

SB3830- 5 -LRB101 20745 RPS 70430 b

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

 

 

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

 

 

SB3830- 7 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 8 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 9 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 10 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 11 -LRB101 20745 RPS 70430 b

1    violation of this Act.
2        (16) The State Commission shall, in addition to
3    notifying any appropriate law enforcement agency, submit
4    notices of complaints or violations of Sections 6-29 and
5    6-29.1 by persons who do not hold a winery shipper's
6    license or a wine retail shipper's license under this Act
7    to the Illinois Attorney General and to the U.S. Department
8    of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
9        (17)(A) A person licensed to make wine under the laws
10    of another state who has a winery shipper's license under
11    this Act and annually produces less than 25,000 gallons of
12    wine or a person who has a first-class or second-class wine
13    manufacturer's license, a first-class or second-class
14    wine-maker's license, or a limited wine manufacturer's
15    license under this Act and annually produces less than
16    25,000 gallons of wine may make application to the
17    Commission for a self-distribution exemption to allow the
18    sale of not more than 5,000 gallons of the exemption
19    holder's wine to retail licensees per year.
20        (B) In the application, which shall be sworn under
21    penalty of perjury, such person shall state (1) the date it
22    was established; (2) its volume of production and sales for
23    each year since its establishment; (3) its efforts to
24    establish distributor relationships; (4) that a
25    self-distribution exemption is necessary to facilitate the
26    marketing of its wine; and (5) that it will comply with the

 

 

SB3830- 12 -LRB101 20745 RPS 70430 b

1    liquor and revenue laws of the United States, this State,
2    and any other state where it is licensed.
3        (C) The State Commission shall approve the application
4    for a self-distribution exemption if such person: (1) is in
5    compliance with State revenue and liquor laws; (2) is not a
6    member of any affiliated group that produces more than
7    25,000 gallons of wine per annum or produces any other
8    alcoholic liquor; (3) will not annually produce for sale
9    more than 25,000 gallons of wine; and (4) will not annually
10    sell more than 5,000 gallons of its wine to retail
11    licensees.
12        (D) A self-distribution exemption holder shall
13    annually certify to the State Commission its production of
14    wine in the previous 12 months and its anticipated
15    production and sales for the next 12 months. The State
16    Commission may fine, suspend, or revoke a
17    self-distribution exemption after a hearing if it finds
18    that the exemption holder has made a material
19    misrepresentation in its application, violated a revenue
20    or liquor law of Illinois, exceeded production of 25,000
21    gallons of wine in any calendar year, or become part of an
22    affiliated group producing more than 25,000 gallons of wine
23    or any other alcoholic liquor.
24        (E) Except in hearings for violations of this Act or
25    Public Act 95-634 or a bona fide investigation by duly
26    sworn law enforcement officials, the State Commission, or

 

 

SB3830- 13 -LRB101 20745 RPS 70430 b

1    its agents, the State Commission shall maintain the
2    production and sales information of a self-distribution
3    exemption holder as confidential and shall not release such
4    information to any person.
5        (F) The State Commission shall issue regulations
6    governing self-distribution exemptions consistent with
7    this Section and this Act.
8        (G) Nothing in this paragraph (17) shall prohibit a
9    self-distribution exemption holder from entering into or
10    simultaneously having a distribution agreement with a
11    licensed Illinois distributor.
12        (H) It is the intent of this paragraph (17) to promote
13    and continue orderly markets. The General Assembly finds
14    that, in order to preserve Illinois' regulatory
15    distribution system, it is necessary to create an exception
16    for smaller makers of wine as their wines are frequently
17    adjusted in varietals, mixes, vintages, and taste to find
18    and create market niches sometimes too small for
19    distributor or importing distributor business strategies.
20    Limited self-distribution rights will afford and allow
21    smaller makers of wine access to the marketplace in order
22    to develop a customer base without impairing the integrity
23    of the 3-tier system.
24        (18)(A) A class 1 brewer licensee, who must also be
25    either a licensed brewer or licensed non-resident dealer
26    and annually manufacture less than 930,000 gallons of beer,

 

 

SB3830- 14 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 15 -LRB101 20745 RPS 70430 b

1    for sale more than 930,000 gallons of beer; (4) shall not
2    annually sell more than 232,500 gallons of its beer to
3    retail licensees or to brewers, class 1 brewers, and class
4    2 brewers that, pursuant to subsection (e) of Section 6-4
5    of this Act, sell beer, cider, or both beer and cider to
6    non-licensees at their breweries; and (5) has relinquished
7    any brew pub license held by the licensee, including any
8    ownership interest it held in the licensed brew pub.
9        (D) A self-distribution exemption holder shall
10    annually certify to the State Commission its manufacture of
11    beer during the previous 12 months and its anticipated
12    manufacture and sales of beer for the next 12 months. The
13    State Commission may fine, suspend, or revoke a
14    self-distribution exemption after a hearing if it finds
15    that the exemption holder has made a material
16    misrepresentation in its application, violated a revenue
17    or alcoholic beverage law of Illinois, exceeded the
18    manufacture of 930,000 gallons of beer in any calendar year
19    or became part of an affiliated group manufacturing more
20    than 930,000 gallons of beer or any other alcoholic
21    beverage.
22        (E) The State Commission shall issue rules and
23    regulations governing self-distribution exemptions
24    consistent with this Act.
25        (F) Nothing in this paragraph (18) shall prohibit a
26    self-distribution exemption holder from entering into or

 

 

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1    simultaneously having a distribution agreement with a
2    licensed Illinois importing distributor or a distributor.
3    If a self-distribution exemption holder enters into a
4    distribution agreement and has assigned distribution
5    rights to an importing distributor or distributor, then the
6    self-distribution exemption holder's distribution rights
7    in the assigned territories shall cease in a reasonable
8    time not to exceed 60 days.
9        (G) It is the intent of this paragraph (18) to promote
10    and continue orderly markets. The General Assembly finds
11    that in order to preserve Illinois' regulatory
12    distribution system, it is necessary to create an exception
13    for smaller manufacturers in order to afford and allow such
14    smaller manufacturers of beer access to the marketplace in
15    order to develop a customer base without impairing the
16    integrity of the 3-tier system.
17        (19)(A) A class 1 craft distiller licensee or a
18    non-resident dealer who manufactures less than 50,000
19    gallons of distilled spirits per year may make application
20    to the State Commission for a self-distribution exemption
21    to allow the sale of not more than 5,000 gallons of the
22    exemption holder's spirits to retail licensees per year.
23        (B) In the application, which shall be sworn under
24    penalty of perjury, the class 1 craft distiller licensee or
25    non-resident dealer shall state (1) the date it was
26    established; (2) its volume of spirits manufactured and

 

 

SB3830- 17 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 18 -LRB101 20745 RPS 70430 b

1    or alcoholic beverage law of Illinois, exceeded the
2    manufacture of 50,000 gallons of spirits in any calendar
3    year, or has become part of an affiliated group
4    manufacturing more than 50,000 gallons of spirits or any
5    other alcoholic beverage.
6        (E) The State Commission shall adopt rules governing
7    self-distribution exemptions consistent with this Act.
8        (F) Nothing in this paragraph (19) shall prohibit a
9    self-distribution exemption holder from entering into or
10    simultaneously having a distribution agreement with a
11    licensed Illinois importing distributor or a distributor.
12        (G) It is the intent of this paragraph (19) to promote
13    and continue orderly markets. The General Assembly finds
14    that in order to preserve Illinois' regulatory
15    distribution system, it is necessary to create an exception
16    for smaller manufacturers in order to afford and allow such
17    smaller manufacturers of spirits access to the marketplace
18    in order to develop a customer base without impairing the
19    integrity of the 3-tier system.
20    (b) On or before April 30, 1999, the Commission shall
21present a written report to the Governor and the General
22Assembly that shall be based on a study of the impact of Public
23Act 90-739 on the business of soliciting, selling, and shipping
24alcoholic liquor from outside of this State directly to
25residents of this State.
26    As part of its report, the Commission shall provide the

 

 

SB3830- 19 -LRB101 20745 RPS 70430 b

1following information:
2        (i) the amount of State excise and sales tax revenues
3    generated as a result of Public Act 90-739;
4        (ii) the amount of licensing fees received as a result
5    of Public Act 90-739;
6        (iii) the number of reported violations, the number of
7    cease and desist notices issued by the Commission, the
8    number of notices of violations issued to the Department of
9    Revenue, and the number of notices and complaints of
10    violations to law enforcement officials.
11(Source: P.A. 100-134, eff. 8-18-17; 100-201, eff. 8-18-17;
12100-816, eff. 8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff.
138-23-18; 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 101-482,
14eff. 8-23-19; revised 9-20-19.)
 
15    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
16    Sec. 5-1. Licenses issued by the Illinois Liquor Control
17Commission shall be of the following classes:
18    (a) Manufacturer's license - Class 1. Distiller, Class 2.
19Rectifier, Class 3. Brewer, Class 4. First Class Wine
20Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
21First Class Winemaker, Class 7. Second Class Winemaker, Class
228. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
2310. Class 1 Craft Distiller, Class 11. Class 2 Craft Distiller,
24Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
25    (b) Distributor's license,

 

 

SB3830- 20 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 21 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 22 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 23 -LRB101 20745 RPS 70430 b

1distiller license; or (ii) a class 2 craft distiller licensee
2if the craft distiller holds a class 2 craft distiller license.
3    Class 10. A class 1 craft distiller license, which may only
4be issued to a licensed craft distiller or licensed
5non-resident dealer, shall allow the manufacture of up to
650,000 gallons of spirits per year provided that the class 1
7craft distiller licensee does not manufacture more than a
8combined 50,000 gallons of spirits per year and is not a member
9of or affiliated with, directly or indirectly, a manufacturer
10that produces more than 50,000 gallons of spirits per year or
11any other alcoholic liquor. A class 1 craft distiller licensee
12may make sales and deliveries to importing distributors and
13distributors and to retail licensees in accordance with the
14conditions set forth in paragraph (19) of subsection (a) of
15Section 3-12 of this Act. However, the aggregate amount of
16spirits sold to non-licensees and sold or delivered to retail
17licensees may not exceed 5,000 gallons per year.
18    A class 1 craft distiller licensee may sell up to 5,000
19gallons of such spirits to non-licensees to the extent
20permitted by any exemption approved by the State Commission
21pursuant to Section 6-4 of this Act. A class 1 craft distiller
22license holder may store such spirits at a non-contiguous
23licensed location, but at no time shall a class 1 craft
24distiller license holder directly or indirectly produce in the
25aggregate more than 50,000 gallons of spirits per year.
26    A class 1 craft distiller licensee may hold more than one

 

 

SB3830- 24 -LRB101 20745 RPS 70430 b

1class 1 craft distiller's license. However, a class 1 craft
2distiller that holds more than one class 1 craft distiller
3license shall not manufacture, in the aggregate, more than
450,000 gallons of spirits by distillation per year and shall
5not sell, in the aggregate, more than 5,000 gallons of such
6spirits to non-licensees in accordance with an exemption
7approved by the State Commission pursuant to Section 6-4 of
8this Act.
9    Class 11. A class 2 craft distiller license, which may only
10be issued to a licensed craft distiller or licensed
11non-resident dealer, shall allow the manufacture of up to
12100,000 gallons of spirits per year provided that the class 2
13craft distiller licensee does not manufacture more than a
14combined 100,000 gallons of spirits per year and is not a
15member of or affiliated with, directly or indirectly, a
16manufacturer that produces more than 100,000 gallons of spirits
17per year or any other alcoholic liquor. A class 2 craft
18distiller licensee may make sales and deliveries to importing
19distributors and distributors, but shall not make sales or
20deliveries to any other licensee. If the State Commission
21provides prior approval, a class 2 craft distiller licensee may
22annually transfer up to 100,000 gallons of spirits manufactured
23by that class 2 craft distiller licensee to the premises of a
24licensed class 2 craft distiller wholly owned and operated by
25the same licensee. A class 2 craft distiller may transfer
26spirits to a distilling pub wholly owned and operated by the

 

 

SB3830- 25 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 26 -LRB101 20745 RPS 70430 b

1shall allow the manufacture of up to 930,000 gallons of beer
2per year provided that the class 1 brewer licensee does not
3manufacture more than a combined 930,000 gallons of beer per
4year and is not a member of or affiliated with, directly or
5indirectly, a manufacturer that produces more than 930,000
6gallons of beer per year or any other alcoholic liquor. A class
71 brewer licensee may make sales and deliveries to importing
8distributors and distributors and to retail licensees in
9accordance with the conditions set forth in paragraph (18) of
10subsection (a) of Section 3-12 of this Act. If the State
11Commission provides prior approval, a class 1 brewer may
12annually transfer up to 930,000 gallons of beer manufactured by
13that class 1 brewer to the premises of a licensed class 1
14brewer wholly owned and operated by the same licensee.
15    Class 13. A class 2 brewer license, which may only be
16issued to a licensed brewer or licensed non-resident dealer,
17shall allow the manufacture of up to 3,720,000 gallons of beer
18per year provided that the class 2 brewer licensee does not
19manufacture more than a combined 3,720,000 gallons of beer per
20year and is not a member of or affiliated with, directly or
21indirectly, a manufacturer that produces more than 3,720,000
22gallons of beer per year or any other alcoholic liquor. A class
232 brewer licensee may make sales and deliveries to importing
24distributors and distributors, but shall not make sales or
25deliveries to any other licensee. If the State Commission
26provides prior approval, a class 2 brewer licensee may annually

 

 

SB3830- 27 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 28 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 29 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 30 -LRB101 20745 RPS 70430 b

1and offer for sale at retail, only in the premises specified in
2the license, alcoholic liquor for use or consumption, but not
3for resale in any form. Nothing in Public Act 95-634 shall
4deny, limit, remove, or restrict the ability of a holder of a
5retailer's license to transfer, deliver, or ship alcoholic
6liquor to the purchaser for use or consumption subject to any
7applicable local law or ordinance or to Section 6-29. Any
8retail license issued to a manufacturer shall only permit the
9manufacturer to sell beer at retail on the premises actually
10occupied by the manufacturer. For the purpose of further
11describing the type of business conducted at a retail licensed
12premises, a retailer's licensee may be designated by the State
13Commission as (i) an on premise consumption retailer, (ii) an
14off premise sale retailer, or (iii) a combined on premise
15consumption and off premise sale retailer.
16    Notwithstanding any other provision of this subsection
17(d), a retail licensee may sell alcoholic liquors to a special
18event retailer licensee for resale to the extent permitted
19under subsection (e).
20    (e) A special event retailer's license (not-for-profit)
21shall permit the licensee to purchase alcoholic liquors from an
22Illinois licensed distributor (unless the licensee purchases
23less than $500 of alcoholic liquors for the special event, in
24which case the licensee may purchase the alcoholic liquors from
25a licensed retailer) and shall allow the licensee to sell and
26offer for sale, at retail, alcoholic liquors for use or

 

 

SB3830- 31 -LRB101 20745 RPS 70430 b

1consumption, but not for resale in any form and only at the
2location and on the specific dates designated for the special
3event in the license. An applicant for a special event retailer
4license must (i) furnish with the application: (A) a resale
5number issued under Section 2c of the Retailers' Occupation Tax
6Act or evidence that the applicant is registered under Section
72a of the Retailers' Occupation Tax Act, (B) a current, valid
8exemption identification number issued under Section 1g of the
9Retailers' Occupation Tax Act, and a certification to the
10Commission that the purchase of alcoholic liquors will be a
11tax-exempt purchase, or (C) a statement that the applicant is
12not registered under Section 2a of the Retailers' Occupation
13Tax Act, does not hold a resale number under Section 2c of the
14Retailers' Occupation Tax Act, and does not hold an exemption
15number under Section 1g of the Retailers' Occupation Tax Act,
16in which event the Commission shall set forth on the special
17event retailer's license a statement to that effect; (ii)
18submit with the application proof satisfactory to the State
19Commission that the applicant will provide dram shop liability
20insurance in the maximum limits; and (iii) show proof
21satisfactory to the State Commission that the applicant has
22obtained local authority approval.
23    Nothing in this Act prohibits an Illinois licensed
24distributor from offering credit or a refund for unused,
25salable alcoholic liquors to a holder of a special event
26retailer's license or the special event retailer's licensee

 

 

SB3830- 32 -LRB101 20745 RPS 70430 b

1from accepting the credit or refund of alcoholic liquors at the
2conclusion of the event specified in the license.
3    (f) A railroad license shall permit the licensee to import
4alcoholic liquors into this State from any point in the United
5States outside this State and to store such alcoholic liquors
6in this State; to make wholesale purchases of alcoholic liquors
7directly from manufacturers, foreign importers, distributors
8and importing distributors from within or outside this State;
9and to store such alcoholic liquors in this State; provided
10that the above powers may be exercised only in connection with
11the importation, purchase or storage of alcoholic liquors to be
12sold or dispensed on a club, buffet, lounge or dining car
13operated on an electric, gas or steam railway in this State;
14and provided further, that railroad licensees exercising the
15above powers shall be subject to all provisions of Article VIII
16of this Act as applied to importing distributors. A railroad
17license shall also permit the licensee to sell or dispense
18alcoholic liquors on any club, buffet, lounge or dining car
19operated on an electric, gas or steam railway regularly
20operated by a common carrier in this State, but shall not
21permit the sale for resale of any alcoholic liquors to any
22licensee within this State. A license shall be obtained for
23each car in which such sales are made.
24    (g) A boat license shall allow the sale of alcoholic liquor
25in individual drinks, on any passenger boat regularly operated
26as a common carrier on navigable waters in this State or on any

 

 

SB3830- 33 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 34 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 35 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 36 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 37 -LRB101 20745 RPS 70430 b

1or commission, promotes, solicits, or accepts orders for
2alcoholic liquor, for use or consumption and not for resale, to
3be shipped from this State and delivered to residents outside
4of this State by an express company, common carrier, or
5contract carrier. This Section does not apply to any person who
6promotes, solicits, or accepts orders for wine as specifically
7authorized in Section 6-29 of this Act.
8    A broker's license under this subsection (l) shall not
9entitle the holder to buy or sell any alcoholic liquors for his
10own account or to take or deliver title to such alcoholic
11liquors.
12    This subsection (l) shall not apply to distributors,
13employees of distributors, or employees of a manufacturer who
14has registered the trademark, brand or name of the alcoholic
15liquor pursuant to Section 6-9 of this Act, and who regularly
16sells such alcoholic liquor in the State of Illinois only to
17its registrants thereunder.
18    Any agent, representative, or person subject to
19registration pursuant to subsection (a-1) of this Section shall
20not be eligible to receive a broker's license.
21    (m) A non-resident dealer's license shall permit such
22licensee to ship into and warehouse alcoholic liquor into this
23State from any point outside of this State, and to sell such
24alcoholic liquor to Illinois licensed foreign importers and
25importing distributors and to no one else in this State;
26provided that (i) said non-resident dealer shall register with

 

 

SB3830- 38 -LRB101 20745 RPS 70430 b

1the Illinois Liquor Control Commission each and every brand of
2alcoholic liquor which it proposes to sell to Illinois
3licensees during the license period, (ii) it shall comply with
4all of the provisions of Section 6-9 hereof with respect to
5registration of such Illinois licensees as may be granted the
6right to sell such brands at wholesale by duly filing such
7registration statement, thereby authorizing the non-resident
8dealer to proceed to sell such brands at wholesale, and (iii)
9the non-resident dealer shall comply with the provisions of
10Sections 6-5 and 6-6 of this Act to the same extent that these
11provisions apply to manufacturers. No person licensed as a
12non-resident dealer shall be granted a distributor's or
13importing distributor's license.
14    (n) A brew pub license shall allow the licensee to only (i)
15manufacture up to 155,000 gallons of beer per year only on the
16premises specified in the license, (ii) make sales of the beer
17manufactured on the premises or, with the approval of the
18Commission, beer manufactured on another brew pub licensed
19premises that is wholly owned and operated by the same licensee
20to importing distributors, distributors, and to non-licensees
21for use and consumption, (iii) store the beer upon the
22premises, (iv) sell and offer for sale at retail from the
23licensed premises for off-premises consumption no more than
24155,000 gallons per year so long as such sales are only made
25in-person, (v) sell and offer for sale at retail for use and
26consumption on the premises specified in the license any form

 

 

SB3830- 39 -LRB101 20745 RPS 70430 b

1of alcoholic liquor purchased from a licensed distributor or
2importing distributor, (vi) with the prior approval of the
3Commission, annually transfer no more than 155,000 gallons of
4beer manufactured on the premises to a licensed brew pub wholly
5owned and operated by the same licensee, and (vii)
6notwithstanding item (i) of this subsection, brew pubs wholly
7owned and operated by the same licensee may combine each
8location's production limit of 155,000 gallons of beer per year
9and allocate the aggregate total between the wholly owned,
10operated, and licensed locations.
11    A brew pub licensee shall not under any circumstance sell
12or offer for sale beer manufactured by the brew pub licensee to
13retail licensees.
14    A person who holds a class 2 brewer license may
15simultaneously hold a brew pub license if the class 2 brewer
16(i) does not, under any circumstance, sell or offer for sale
17beer manufactured by the class 2 brewer to retail licensees;
18(ii) does not hold more than 3 brew pub licenses in this State;
19(iii) does not manufacture more than a combined 3,720,000
20gallons of beer per year, including the beer manufactured at
21the brew pub; and (iv) is not a member of or affiliated with,
22directly or indirectly, a manufacturer that produces more than
233,720,000 gallons of beer per year or any other alcoholic
24liquor.
25    Notwithstanding any other provision of this Act, a licensed
26brewer, class 2 brewer, or non-resident dealer who before July

 

 

SB3830- 40 -LRB101 20745 RPS 70430 b

11, 2015 manufactured less than 3,720,000 gallons of beer per
2year and held a brew pub license on or before July 1, 2015 may
3(i) continue to qualify for and hold that brew pub license for
4the licensed premises and (ii) manufacture more than 3,720,000
5gallons of beer per year and continue to qualify for and hold
6that brew pub license if that brewer, class 2 brewer, or
7non-resident dealer does not simultaneously hold a class 1
8brewer license and is not a member of or affiliated with,
9directly or indirectly, a manufacturer that produces more than
103,720,000 gallons of beer per year or that produces any other
11alcoholic liquor.
12    (o) A caterer retailer license shall allow the holder to
13serve alcoholic liquors as an incidental part of a food service
14that serves prepared meals which excludes the serving of snacks
15as the primary meal, either on or off-site whether licensed or
16unlicensed. A caterer retailer license shall allow the holder,
17a distributor, or an importing distributor to transfer any
18inventory to and from the holder's retail premises and shall
19allow the holder to purchase alcoholic liquor from a
20distributor or importing distributor to be delivered directly
21to an off-site event.
22    Nothing in this Act prohibits a distributor or importing
23distributor from offering credit or a refund for unused,
24salable beer to a holder of a caterer retailer license or a
25caterer retailer licensee from accepting a credit or refund for
26unused, salable beer, in the event an act of God is the sole

 

 

SB3830- 41 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 42 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 43 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 44 -LRB101 20745 RPS 70430 b

1first-class or second-class wine manufacturer's license, a
2first-class or second-class wine-maker's license, or a limited
3wine manufacturer's license or who is licensed to make wine
4under the laws of another state to ship wine made by that
5licensee directly to a resident of this State who is 21 years
6of age or older for that resident's personal use and not for
7resale. Prior to receiving a winery shipper's license, an
8applicant for the license must provide the Commission with a
9true copy of its current license in any state in which it is
10licensed as a manufacturer of wine. An applicant for a winery
11shipper's license must also complete an application form that
12provides any other information the Commission deems necessary.
13The application form shall include all addresses from which the
14applicant for a winery shipper's license intends to ship wine,
15including the name and address of any third party, except for a
16common carrier, authorized to ship wine on behalf of the
17manufacturer. The application form shall include an
18acknowledgement consenting to the jurisdiction of the
19Commission, the Illinois Department of Revenue, and the courts
20of this State concerning the enforcement of this Act and any
21related laws, rules, and regulations, including authorizing
22the Department of Revenue and the Commission to conduct audits
23for the purpose of ensuring compliance with Public Act 95-634,
24and an acknowledgement that the wine manufacturer is in
25compliance with Section 6-2 of this Act. Any third party,
26except for a common carrier, authorized to ship wine on behalf

 

 

SB3830- 45 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 46 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 47 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 48 -LRB101 20745 RPS 70430 b

1    A winery shipper licensee must collect, maintain, and
2submit to the Commission on a semi-annual basis the total
3number of cases per resident of wine shipped to residents of
4this State. A winery shipper licensed under this subsection (r)
5must comply with the requirements of Section 6-29 of this Act.
6    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
7Section 3-12, the State Commission may receive, respond to, and
8investigate any complaint and impose any of the remedies
9specified in paragraph (1) of subsection (a) of Section 3-12.
10    As used in this subsection, "third-party provider" means
11any entity that provides fulfillment house services, including
12warehousing, packaging, distribution, order processing, or
13shipment of wine, but not the sale of wine, on behalf of a
14licensed winery shipper.
15    (s) A craft distiller tasting permit license shall allow an
16Illinois licensed class 1 craft distiller or class 2 craft
17distiller to transfer a portion of its alcoholic liquor
18inventory from its class 1 craft distiller or class 2 craft
19distiller licensed premises to the premises specified in the
20license hereby created and to conduct a sampling, only in the
21premises specified in the license hereby created, of the
22transferred alcoholic liquor in accordance with subsection (c)
23of Section 6-31 of this Act. The transferred alcoholic liquor
24may not be sold or resold in any form. An applicant for the
25craft distiller tasting permit license must also submit with
26the application proof satisfactory to the State Commission that

 

 

SB3830- 49 -LRB101 20745 RPS 70430 b

1the applicant will provide dram shop liability insurance to the
2maximum limits and have local authority approval.
3    (t) A brewer warehouse permit may be issued to the holder
4of a class 1 brewer license or a class 2 brewer license. If the
5holder of the permit is a class 1 brewer licensee, the brewer
6warehouse permit shall allow the holder to store or warehouse
7up to 930,000 gallons of tax-determined beer manufactured by
8the holder of the permit at the premises specified on the
9permit. If the holder of the permit is a class 2 brewer
10licensee, the brewer warehouse permit shall allow the holder to
11store or warehouse up to 3,720,000 gallons of tax-determined
12beer manufactured by the holder of the permit at the premises
13specified on the permit. Sales to non-licensees are prohibited
14at the premises specified in the brewer warehouse permit.
15    (u) A distilling pub license shall allow the licensee to
16only (i) manufacture up to 5,000 gallons of spirits per year
17only on the premises specified in the license, (ii) make sales
18of the spirits manufactured on the premises or, with the
19approval of the State Commission, spirits manufactured on
20another distilling pub licensed premises that is wholly owned
21and operated by the same licensee to importing distributors and
22distributors and to non-licensees for use and consumption,
23(iii) store the spirits upon the premises, (iv) sell and offer
24for sale at retail from the licensed premises for off-premises
25consumption no more than 5,000 gallons per year so long as such
26sales are only made in-person, (v) sell and offer for sale at

 

 

SB3830- 50 -LRB101 20745 RPS 70430 b

1retail for use and consumption on the premises specified in the
2license any form of alcoholic liquor purchased from a licensed
3distributor or importing distributor, and (vi) with the prior
4approval of the State Commission, annually transfer no more
5than 5,000 gallons of spirits manufactured on the premises to a
6licensed distilling pub wholly owned and operated by the same
7licensee.
8    A distilling pub licensee shall not under any circumstance
9sell or offer for sale spirits manufactured by the distilling
10pub licensee to retail licensees.
11    A person who holds a class 2 craft distiller license may
12simultaneously hold a distilling pub license if the class 2
13craft distiller (i) does not, under any circumstance, sell or
14offer for sale spirits manufactured by the class 2 craft
15distiller to retail licensees; (ii) does not hold more than 3
16distilling pub licenses in this State; (iii) does not
17manufacture more than a combined 100,000 gallons of spirits per
18year, including the spirits manufactured at the distilling pub;
19and (iv) is not a member of or affiliated with, directly or
20indirectly, a manufacturer that produces more than 100,000
21gallons of spirits per year or any other alcoholic liquor.
22    (v) A craft distiller warehouse permit may be issued to the
23holder of a class 1 craft distiller or class 2 craft distiller
24license. The craft distiller warehouse permit shall allow the
25holder to store or warehouse up to 500,000 gallons of spirits
26manufactured by the holder of the permit at the premises

 

 

SB3830- 51 -LRB101 20745 RPS 70430 b

1specified on the permit. Sales to non-licensees are prohibited
2at the premises specified in the craft distiller warehouse
3permit.
4    (w) A wine retail shipper's license shall allow a person
5licensed to retail wine under the laws of another state to ship
6wine in that retailer's inventory directly to a resident of
7this State who is 21 years of age or older for that resident's
8personal use and not for resale. Prior to receiving a wine
9retail shipper's license, an applicant for the license must
10provide the State Commission with a true copy of its current
11license in any state in which it is licensed as a retailer. An
12applicant for a wine retail shipper's license must also
13complete an application form that provides any other
14information the State Commission deems necessary. The
15application form shall include all addresses from which the
16applicant for a wine retail shipper's license intends to ship
17wine, including the name and address of any third party, except
18for a common carrier, authorized to ship wine on behalf of the
19wine retail shipper. The application form shall include an
20acknowledgment consenting to the jurisdiction of the State
21Commission, the Department of Revenue, and the courts of this
22State concerning the enforcement of this Act and any related
23laws, rules, and regulations, including authorizing the
24Department of Revenue and the State Commission to conduct
25audits for the purpose of ensuring compliance with Public Act
2695-634, and an acknowledgment that the wine retail shipper is

 

 

SB3830- 52 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 53 -LRB101 20745 RPS 70430 b

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

 

 

SB3830- 54 -LRB101 20745 RPS 70430 b

1    The State Commission shall adopt rules as soon as
2practicable to implement the requirements of this amendatory
3Act of the 101st General Assembly and shall adopt rules
4prohibiting any such third-party appointment of a third-party
5provider, except for a common carrier, that has been deemed by
6the State Commission to have violated the provisions of this
7Act with regard to any wine retail shipper's licensee.
8    A wine retail shipper licensee must collect, maintain, and
9submit to the State Commission on a semi-annual basis the total
10number of cases per resident of wine shipped to residents of
11this State. A wine retail shipper licensed under this
12subsection (w) must comply with the requirements of Section
136-29 of this Act.
14    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
15Section 3-12, the State Commission may receive, respond to, and
16investigate any complaint and impose any of the remedies
17specified in paragraph (1) of subsection (a) of Section 3-12.
18    As used in this subsection, "third-party provider" means
19any entity that provides fulfillment house services, including
20warehousing, packaging, distribution, order processing, or
21shipment of wine, but not the sale of wine, on behalf of a
22licensed wine retail shipper.
23(Source: P.A. 100-17, eff. 6-30-17; 100-201, eff. 8-18-17;
24100-816, eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff.
258-23-18; 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; 101-81,
26eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. 8-23-19;

 

 

SB3830- 55 -LRB101 20745 RPS 70430 b

1101-615, eff. 12-20-19.)
 
2    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
3    Sec. 5-3. License fees. Except as otherwise provided
4herein, at the time application is made to the State Commission
5for a license of any class, the applicant shall pay to the
6State Commission the fee hereinafter provided for the kind of
7license applied for.
8    The fee for licenses issued by the State Commission shall
9be as follows:
10OnlineInitial
11renewallicense
12 or
13 non-online
14 renewal
15    For a manufacturer's license:
16    Class 1. Distiller .................$4,000$5,000
17    Class 2. Rectifier .................4,000 5,000
18    Class 3. Brewer ....................1,200 1,500
19    Class 4. First-class Wine
20        Manufacturer ...................750900
21    Class 5. Second-class
22        Wine Manufacturer ..............1,500 1,750
23    Class 6. First-class wine-maker ....750 900
24    Class 7. Second-class wine-maker ...1,500 1,750
25    Class 8. Limited Wine

 

 

SB3830- 56 -LRB101 20745 RPS 70430 b

1        Manufacturer....................250 350
2    Class 9. Craft Distiller............ $2,000 $2,500
3    Class 10. Class 1 Craft Distiller... 50 75
4    Class 11. Class 2 Craft Distiller... 75 100
5    Class 12. Class 1 Brewer............50 75
6    Class 13. Class 2 Brewer............ 75 100
7    For a Brew Pub License..............1,2001,500
8    For a Distilling Pub License........ 1,200 1,500
9    For a caterer retailer's license....350 500
10    For a foreign importer's license ...25 25
11    For an importing distributor's
12        license.........................2525
13    For a distributor's license
14        (11,250,000 gallons
15        or over)........................1,4502,200
16    For a distributor's license
17        (over 4,500,000 gallons, but
18        under 11,250,000 gallons)....... 9501,450
19    For a distributor's license
20        (4,500,000 gallons or under)....300450
21    For a non-resident dealer's license
22        (500,000 gallons or over) ......1,200 1,500
23    For a wine retail shipper's
24        license ........................600750
25    For a non-resident dealer's license
26        (under 500,000 gallons) ........250 350

 

 

SB3830- 57 -LRB101 20745 RPS 70430 b

1    For a wine-maker's premises
2        license ........................250500
3    For a winery shipper's license
4        (under 250,000 gallons).........200 350
5    For a winery shipper's license
6        (250,000 or over, but
7        under 500,000 gallons)..........7501,000
8    For a winery shipper's license
9        (500,000 gallons or over).......1,200 1,500
10    For a wine-maker's premises license,
11        second location ................500 1,000
12    For a wine-maker's premises license,
13        third location .................5001,000
14    For a retailer's license ...........600 750
15    For a special event retailer's
16        license, (not-for-profit) ......25 25
17    For a special use permit license,
18        one day only ...................100 150
19        2 days or more .................150 250
20    For a railroad license .............100 150
21    For a boat license .................500 1,000
22    For an airplane license, times the
23        licensee's maximum number of
24        aircraft in flight, serving
25        liquor over the State at any
26        given time, which either

 

 

SB3830- 58 -LRB101 20745 RPS 70430 b

1        originate, terminate, or make
2        an intermediate stop in
3        the State.......................100150
4    For a non-beverage user's license:
5        Class 1 ........................2424
6        Class 2 ........................6060
7        Class 3 ........................120120
8        Class 4 ........................240240
9        Class 5 ........................600600
10    For a broker's license .............750 1,000
11    For an auction liquor license ......100 150
12    For a homebrewer special
13        event permit....................2525
14    For a craft distiller
15        tasting permit..................25 25
16    For a BASSET trainer license........ 300 350
17    For a tasting representative
18        license.........................200300
19    For a brewer warehouse permit....... 2525
20    For a craft distiller
21        warehouse permit...............25 25
22    Fees collected under this Section shall be paid into the
23Dram Shop Fund. On and after July 1, 2003 and until June 30,
242016, of the funds received for a retailer's license, in
25addition to the first $175, an additional $75 shall be paid
26into the Dram Shop Fund, and $250 shall be paid into the

 

 

SB3830- 59 -LRB101 20745 RPS 70430 b

1General Revenue Fund. On and after June 30, 2016, one-half of
2the funds received for a retailer's license shall be paid into
3the Dram Shop Fund and one-half of the funds received for a
4retailer's license shall be paid into the General Revenue Fund.
5Beginning June 30, 1990 and on June 30 of each subsequent year
6through June 29, 2003, any balance over $5,000,000 remaining in
7the Dram Shop Fund shall be credited to State liquor licensees
8and applied against their fees for State liquor licenses for
9the following year. The amount credited to each licensee shall
10be a proportion of the balance in the Dram Fund that is the
11same as the proportion of the license fee paid by the licensee
12under this Section for the period in which the balance was
13accumulated to the aggregate fees paid by all licensees during
14that period.
15    No fee shall be paid for licenses issued by the State
16Commission to the following non-beverage users:
17        (a) Hospitals, sanitariums, or clinics when their use
18    of alcoholic liquor is exclusively medicinal, mechanical
19    or scientific.
20        (b) Universities, colleges of learning or schools when
21    their use of alcoholic liquor is exclusively medicinal,
22    mechanical or scientific.
23        (c) Laboratories when their use is exclusively for the
24    purpose of scientific research.
25(Source: P.A. 100-201, eff. 8-18-17; 100-816, eff. 8-13-18;
26101-482, eff. 8-23-19; 101-615, eff. 12-20-19.)
 

 

 

SB3830- 60 -LRB101 20745 RPS 70430 b

1    (235 ILCS 5/6-2)  (from Ch. 43, par. 120)
2    Sec. 6-2. Issuance of licenses to certain persons
3prohibited.
4    (a) Except as otherwise provided in subsection (b) of this
5Section and in paragraph (1) of subsection (a) of Section 3-12,
6no license of any kind issued by the State Commission or any
7local commission shall be issued to:
8        (1) A person who is not a resident of any city, village
9    or county in which the premises covered by the license are
10    located; except in case of railroad or boat licenses or
11    wine retail shipper's licenses.
12        (2) A person who is not of good character and
13    reputation in the community in which he resides.
14        (3) (Blank).
15        (4) A person who has been convicted of a felony under
16    any Federal or State law, unless the Commission determines
17    that such person will not be impaired by the conviction in
18    engaging in the licensed practice after considering
19    matters set forth in such person's application in
20    accordance with Section 6-2.5 of this Act and the
21    Commission's investigation.
22        (5) A person who has been convicted of keeping a place
23    of prostitution or keeping a place of juvenile
24    prostitution, promoting prostitution that involves keeping
25    a place of prostitution, or promoting juvenile

 

 

SB3830- 61 -LRB101 20745 RPS 70430 b

1    prostitution that involves keeping a place of juvenile
2    prostitution.
3        (6) A person who has been convicted of pandering.
4        (7) A person whose license issued under this Act has
5    been revoked for cause.
6        (8) A person who at the time of application for renewal
7    of any license issued hereunder would not be eligible for
8    such license upon a first application.
9        (9) A copartnership, if any general partnership
10    thereof, or any limited partnership thereof, owning more
11    than 5% of the aggregate limited partner interest in such
12    copartnership would not be eligible to receive a license
13    hereunder for any reason other than residence within the
14    political subdivision, unless residency is required by
15    local ordinance.
16        (10) A corporation or limited liability company, if any
17    member, officer, manager or director thereof, or any
18    stockholder or stockholders owning in the aggregate more
19    than 5% of the stock of such corporation, would not be
20    eligible to receive a license hereunder for any reason
21    other than residence within the political subdivision.
22        (10a) A corporation or limited liability company
23    unless it is incorporated or organized in Illinois, or
24    unless it is a foreign corporation or foreign limited
25    liability company which is qualified under the Business
26    Corporation Act of 1983 or the Limited Liability Company

 

 

SB3830- 62 -LRB101 20745 RPS 70430 b

1    Act to transact business in Illinois. The Commission shall
2    permit and accept from an applicant for a license under
3    this Act proof prepared from the Secretary of State's
4    website that the corporation or limited liability company
5    is in good standing and is qualified under the Business
6    Corporation Act of 1983 or the Limited Liability Company
7    Act to transact business in Illinois.
8        (11) A person whose place of business is conducted by a
9    manager or agent unless the manager or agent possesses the
10    same qualifications required by the licensee.
11        (12) A person who has been convicted of a violation of
12    any Federal or State law concerning the manufacture,
13    possession or sale of alcoholic liquor, subsequent to the
14    passage of this Act or has forfeited his bond to appear in
15    court to answer charges for any such violation, unless the
16    Commission determines, in accordance with Section 6-2.5 of
17    this Act, that the person will not be impaired by the
18    conviction in engaging in the licensed practice.
19        (13) A person who does not beneficially own the
20    premises for which a license is sought, or does not have a
21    lease thereon for the full period for which the license is
22    to be issued.
23        (14) Any law enforcing public official, including
24    members of local liquor control commissions, any mayor,
25    alderman, or member of the city council or commission, any
26    president of the village board of trustees, any member of a

 

 

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1    village board of trustees, or any president or member of a
2    county board; and no such official shall have a direct
3    interest in the manufacture, sale, or distribution of
4    alcoholic liquor, except that a license may be granted to
5    such official in relation to premises that are not located
6    within the territory subject to the jurisdiction of that
7    official if the issuance of such license is approved by the
8    State Liquor Control Commission and except that a license
9    may be granted, in a city or village with a population of
10    55,000 or less, to any alderman, member of a city council,
11    or member of a village board of trustees in relation to
12    premises that are located within the territory subject to
13    the jurisdiction of that official if (i) the sale of
14    alcoholic liquor pursuant to the license is incidental to
15    the selling of food, (ii) the issuance of the license is
16    approved by the State Commission, (iii) the issuance of the
17    license is in accordance with all applicable local
18    ordinances in effect where the premises are located, and
19    (iv) the official granted a license does not vote on
20    alcoholic liquor issues pending before the board or council
21    to which the license holder is elected. Notwithstanding any
22    provision of this paragraph (14) to the contrary, an
23    alderman or member of a city council or commission, a
24    member of a village board of trustees other than the
25    president of the village board of trustees, or a member of
26    a county board other than the president of a county board

 

 

SB3830- 64 -LRB101 20745 RPS 70430 b

1    may have a direct interest in the manufacture, sale, or
2    distribution of alcoholic liquor as long as he or she is
3    not a law enforcing public official, a mayor, a village
4    board president, or president of a county board. To prevent
5    any conflict of interest, the elected official with the
6    direct interest in the manufacture, sale, or distribution
7    of alcoholic liquor shall not participate in any meetings,
8    hearings, or decisions on matters impacting the
9    manufacture, sale, or distribution of alcoholic liquor.
10    Furthermore, the mayor of a city with a population of
11    55,000 or less or the president of a village with a
12    population of 55,000 or less may have an interest in the
13    manufacture, sale, or distribution of alcoholic liquor as
14    long as the council or board over which he or she presides
15    has made a local liquor control commissioner appointment
16    that complies with the requirements of Section 4-2 of this
17    Act.
18        (15) A person who is not a beneficial owner of the
19    business to be operated by the licensee.
20        (16) A person who has been convicted of a gambling
21    offense as proscribed by any of subsections (a) (3) through
22    (a) (11) of Section 28-1 of, or as proscribed by Section
23    28-1.1 or 28-3 of, the Criminal Code of 1961 or the
24    Criminal Code of 2012, or as proscribed by a statute
25    replaced by any of the aforesaid statutory provisions.
26        (17) A person or entity to whom a federal wagering

 

 

SB3830- 65 -LRB101 20745 RPS 70430 b

1    stamp has been issued by the federal government, unless the
2    person or entity is eligible to be issued a license under
3    the Raffles and Poker Runs Act or the Illinois Pull Tabs
4    and Jar Games Act.
5        (18) A person who intends to sell alcoholic liquors for
6    use or consumption on his or her licensed retail premises
7    who does not have liquor liability insurance coverage for
8    that premises in an amount that is at least equal to the
9    maximum liability amounts set out in subsection (a) of
10    Section 6-21.
11        (19) A person who is licensed by any licensing
12    authority as a manufacturer of beer, or any partnership,
13    corporation, limited liability company, or trust or any
14    subsidiary, affiliate, or agent thereof, or any other form
15    of business enterprise licensed as a manufacturer of beer,
16    having any legal, equitable, or beneficial interest,
17    directly or indirectly, in a person licensed in this State
18    as a distributor or importing distributor. For purposes of
19    this paragraph (19), a person who is licensed by any
20    licensing authority as a "manufacturer of beer" shall also
21    mean a brewer and a non-resident dealer who is also a
22    manufacturer of beer, including a partnership,
23    corporation, limited liability company, or trust or any
24    subsidiary, affiliate, or agent thereof, or any other form
25    of business enterprise licensed as a manufacturer of beer.
26        (20) A person who is licensed in this State as a

 

 

SB3830- 66 -LRB101 20745 RPS 70430 b

1    distributor or importing distributor, or any partnership,
2    corporation, limited liability company, or trust or any
3    subsidiary, affiliate, or agent thereof, or any other form
4    of business enterprise licensed in this State as a
5    distributor or importing distributor having any legal,
6    equitable, or beneficial interest, directly or indirectly,
7    in a person licensed as a manufacturer of beer by any
8    licensing authority, or any partnership, corporation,
9    limited liability company, or trust or any subsidiary,
10    affiliate, or agent thereof, or any other form of business
11    enterprise, except for a person who owns, on or after the
12    effective date of this amendatory Act of the 98th General
13    Assembly, no more than 5% of the outstanding shares of a
14    manufacturer of beer whose shares are publicly traded on an
15    exchange within the meaning of the Securities Exchange Act
16    of 1934. For the purposes of this paragraph (20), a person
17    who is licensed by any licensing authority as a
18    "manufacturer of beer" shall also mean a brewer and a
19    non-resident dealer who is also a manufacturer of beer,
20    including a partnership, corporation, limited liability
21    company, or trust or any subsidiary, affiliate, or agent
22    thereof, or any other form of business enterprise licensed
23    as a manufacturer of beer.
24    (b) A criminal conviction of a corporation is not grounds
25for the denial, suspension, or revocation of a license applied
26for or held by the corporation if the criminal conviction was

 

 

SB3830- 67 -LRB101 20745 RPS 70430 b

1not the result of a violation of any federal or State law
2concerning the manufacture, possession or sale of alcoholic
3liquor, the offense that led to the conviction did not result
4in any financial gain to the corporation and the corporation
5has terminated its relationship with each director, officer,
6employee, or controlling shareholder whose actions directly
7contributed to the conviction of the corporation. The
8Commission shall determine if all provisions of this subsection
9(b) have been met before any action on the corporation's
10license is initiated.
11(Source: P.A. 100-286, eff. 1-1-18; 101-541, eff. 8-23-19.)
 
12    (235 ILCS 5/6-29)  (from Ch. 43, par. 144e)
13    Sec. 6-29. Winery shipper's license and wine retail shipper
14license.
15    (a) The General Assembly declares that the following is the
16intent of this Section:
17        (1) To authorize direct shipment of wine by an
18    out-of-state maker of wine or out-of-state retailer of wine
19    on the same basis permitted an in-state maker or retailer
20    of wine pursuant to the authority of the State under the
21    provisions of Section 2 of the Twenty-First Amendment to
22    the United States Constitution and in conformance with the
23    United States Supreme Court decisions decision decided on
24    May 16, 2005 in Granholm v. Heald and Tennessee Wine and
25    Spirits Retailers Association v. Thomas decided on June 26,

 

 

SB3830- 68 -LRB101 20745 RPS 70430 b

1    2019.
2        (2) To reaffirm that the General Assembly's findings
3    and declarations that selling alcoholic liquor through
4    various direct marketing means such as catalogs,
5    newspapers, mailings, and the Internet directly to
6    consumers of this State poses a serious threat to the
7    State's efforts to further temperance and prevent youth
8    from accessing alcoholic liquor and the expansion of youth
9    access to additional types of alcoholic liquors.
10        (3) To maintain the State's broad powers granted by
11    Section 2 of the Twenty-First Amendment to the United
12    States Constitution to control the importation or sale of
13    alcoholic liquor and its right to structure its alcoholic
14    liquor distribution system.
15        (4) To ensure that the General Assembly, by authorizing
16    limited direct shipment of wine to meet the directives of
17    the United States Supreme Court, does not intend to impair
18    or modify the State's distribution of wine through
19    distributors or importing distributors, but only to permit
20    limited shipment of wine for personal use.
21        (5) To provide that, in the event that a court of
22    competent jurisdiction declares or finds that this
23    Section, which is enacted to conform Illinois law to the
24    United States Supreme Court decision, is invalid or
25    unconstitutional, the Illinois General Assembly at its
26    earliest general session shall conduct hearings and study

 

 

SB3830- 69 -LRB101 20745 RPS 70430 b

1    methods to conform to any directive or order of the court
2    consistent with the temperance and revenue collection
3    purposes of this Act.
4    (b) Notwithstanding any other provision of law, a wine
5shipper licensee or wine retail shipper licensee may ship wine,
6for personal use and not for resale, not more than 12 cases of
7wine per year to any resident of this State who is 21 years of
8age or older.
9    (b-3) Notwithstanding any other provision of law, sale and
10shipment by a winery shipper licensee or wine retail shipper
11licensee pursuant to this Section shall be deemed to constitute
12a sale in this State.
13    (b-5) The shipping container of any wine shipped under this
14Section shall be clearly labeled with the following words:
15"CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF AGE OR
16OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY MUST BE
17SHOWN BEFORE DELIVERY.". This warning must be prominently
18displayed on the packaging. A licensee shall require the
19transporter or common carrier that delivers the wine to obtain
20the signature of a person 21 years of age or older at the
21delivery address at the time of delivery. At the expense of the
22licensee, the licensee shall receive a delivery confirmation
23from the express company, common carrier, or contract carrier
24indicating the location of the delivery, time of delivery, and
25the name and signature of the individual 21 years of age or
26older who accepts delivery. The Commission shall design and

 

 

SB3830- 70 -LRB101 20745 RPS 70430 b

1create a label or approve a label that must be affixed to the
2shipping container by the licensee.
3    (c) No broker within this State shall solicit consumers to
4engage in direct wine shipments under this Section.
5    (d) It is not the intent of this Section to impair the
6distribution of wine through distributors or importing
7distributors, but only to permit shipments of wine for personal
8use.
9(Source: P.A. 95-634, eff. 6-1-08.)
 
10    (235 ILCS 5/6-29.1)
11    Sec. 6-29.1. Direct shipments of alcoholic liquor.
12    (a) The General Assembly makes the following findings:
13        (1) The General Assembly of Illinois, having reviewed
14    this Act in light of the United States Supreme Court's 2005
15    decision in Granholm v. Heald and 2019 decision in
16    Tennessee Wine and Spirits Retailers Association v.
17    Thomas, has determined to conform that law to the
18    constitutional principles enunciated by the Court in a
19    manner that best preserves the temperance, revenue, and
20    orderly distribution values of this Act.
21        (2) Minimizing automobile accidents and fatalities,
22    domestic violence, health problems, loss of productivity,
23    unemployment, and other social problems associated with
24    dependency and improvident use of alcoholic beverages
25    remains the policy of Illinois.

 

 

SB3830- 71 -LRB101 20745 RPS 70430 b

1        (3) To the maximum extent constitutionally feasible,
2    Illinois desires to collect sufficient revenue from excise
3    and use taxes on alcoholic beverages for the purpose of
4    responding to such social problems.
5        (4) Combined with family education and individual
6    discipline, retail validation of age, and assessment of the
7    capacity of the consumer remains the best pre-sale social
8    protection against the problems associated with the abuse
9    of alcoholic liquor.
10        (5) Therefore, the paramount purpose of Public Act
11    95-634 and this amendatory Act of the 101st General
12    Assembly this amendatory Act is to continue to carefully
13    limit direct shipment sales of wine by retailers of wine
14    and produced by makers of wine and to continue to prohibit
15    such direct shipment sales for spirits and beer.
16    For these reasons, the Commission shall establish a system
17to notify the out-of-state trade of this prohibition and to
18detect violations. The Commission shall request the Attorney
19General to extradite any offender.
20    (b) Pursuant to the Twenty-First Amendment of the United
21States Constitution allowing states to regulate the
22distribution and sale of alcoholic liquor and pursuant to the
23federal Webb-Kenyon Act declaring that alcoholic liquor
24shipped in interstate commerce must comply with state laws, the
25General Assembly hereby finds and declares that selling
26alcoholic liquor from a point outside this State through

 

 

SB3830- 72 -LRB101 20745 RPS 70430 b

1various direct marketing means, such as catalogs, newspapers,
2mailers, and the Internet, directly to residents of this State
3poses a serious threat to the State's efforts to prevent youths
4from accessing alcoholic liquor; to State revenue collections;
5and to the economy of this State.
6    Any person manufacturing, distributing, retailing, or
7selling alcoholic liquor who knowingly ships or transports or
8causes the shipping or transportation of any alcoholic liquor
9from a point outside this State to a person in this State who
10does not hold a manufacturer's, distributor's, importing
11distributor's, retailer's, or non-resident dealer's license
12issued by the Liquor Control Commission, other than a shipment
13of sacramental wine to a bona fide religious organization, a
14shipment authorized by Section 6-29, subparagraph (17) of
15Section 3-12, or any other shipment authorized by this Act, is
16in violation of this Act.
17    The Commission, upon determining, after investigation,
18that a person has violated this Section, shall give notice to
19the person by certified mail to cease and desist all shipments
20of alcoholic liquor into this State and to withdraw from this
21State within 5 working days after receipt of the notice all
22shipments of alcoholic liquor then in transit. A person who
23violates the cease and desist notice is subject to the
24applicable penalties in subsection (a) of Section 10-1 of this
25Act.
26(Source: P.A. 99-904, eff. 1-1-17.)
 

 

 

SB3830- 73 -LRB101 20745 RPS 70430 b

1    (235 ILCS 5/7-1)  (from Ch. 43, par. 145)
2    Sec. 7-1. An applicant for a retail license, except for a
3wine retail shipper's license, from the State Commission shall
4submit to the State Commission an application in writing under
5oath stating:
6        (1) The applicant's name and mailing address;
7        (2) The name and address of the applicant's business;
8        (3) If applicable, the date of the filing of the
9    "assumed name" of the business with the County Clerk;
10        (4) In case of a copartnership, the date of the
11    formation of the partnership; in the case of an Illinois
12    corporation, the date of its incorporation; or in the case
13    of a foreign corporation, the State where it was
14    incorporated and the date of its becoming qualified under
15    the Business Corporation Act of 1983 to transact business
16    in the State of Illinois;
17        (5) The number, the date of issuance and the date of
18    expiration of the applicant's current local retail liquor
19    license;
20        (6) The name of the city, village, or county that
21    issued the local retail liquor license;
22        (7) The name and address of the landlord if the
23    premises are leased;
24        (8) The date of the applicant's first request for a
25    State liquor license and whether it was granted, denied or

 

 

SB3830- 74 -LRB101 20745 RPS 70430 b

1    withdrawn;
2        (9) The address of the applicant when the first
3    application for a State liquor license was made;
4        (10) The applicant's current State liquor license
5    number;
6        (11) The date the applicant began liquor sales at his
7    place of business;
8        (12) The address of the applicant's warehouse if he
9    warehouses liquor;
10        (13) The applicant's Retailers' Occupation Tax (ROT)
11    Registration Number;
12        (14) The applicant's document locator number on his
13    Federal Special Tax Stamp;
14        (15) Whether the applicant is delinquent in the payment
15    of the Retailers' Occupation Tax (Sales Tax), and if so,
16    the reasons therefor;
17        (16) Whether the applicant is delinquent under the cash
18    beer law, and if so, the reasons therefor;
19        (17) In the case of a retailer, whether he is
20    delinquent under the 30-day credit law, and if so, the
21    reasons therefor;
22        (18) In the case of a distributor, whether he is
23    delinquent under the 15-day credit law, and if so, the
24    reasons therefor;
25        (19) Whether the applicant has made an application for
26    a liquor license which has been denied, and if so, the

 

 

SB3830- 75 -LRB101 20745 RPS 70430 b

1    reasons therefor;
2        (20) Whether the applicant has ever had any previous
3    liquor license suspended or revoked, and if so, the reasons
4    therefor;
5        (21) Whether the applicant has ever been convicted of a
6    gambling offense or felony, and if so, the particulars
7    thereof;
8        (22) Whether the applicant possesses a current Federal
9    Wagering Stamp, and if so, the reasons therefor;
10        (23) Whether the applicant, or any other person,
11    directly in his place of business is a public official, and
12    if so, the particulars thereof;
13        (24) The applicant's name, sex, date of birth, social
14    security number, position and percentage of ownership in
15    the business; and the name, sex, date of birth, social
16    security number, position and percentage of ownership in
17    the business of every sole owner, partner, corporate
18    officer, director, manager and any person who owns 5% or
19    more of the shares of the applicant business entity or
20    parent corporations of the applicant business entity; and
21        (25) That he has not received or borrowed money or
22    anything else of value, and that he will not receive or
23    borrow money or anything else of value (other than
24    merchandising credit in the ordinary course of business for
25    a period not to exceed 90 days as herein expressly
26    permitted under Section 6-5 hereof), directly or

 

 

SB3830- 76 -LRB101 20745 RPS 70430 b

1    indirectly, from any manufacturer, importing distributor
2    or distributor or from any representative of any such
3    manufacturer, importing distributor or distributor, nor be
4    a party in any way, directly or indirectly, to any
5    violation by a manufacturer, distributor or importing
6    distributor of Section 6-6 of this Act.
7    In addition to any other requirement of this Section, an
8applicant for a special use permit license and a special event
9retailer's license shall also submit (A) proof satisfactory to
10the Commission that the applicant has a resale number issued
11under Section 2c of the Retailers' Occupation Tax Act or that
12the applicant is registered under Section 2a of the Retailers'
13Occupation Tax Act, (B) proof satisfactory to the Commission
14that the applicant has a current, valid exemption
15identification number issued under Section 1g of the Retailers'
16Occupation Tax Act and a certification to the Commission that
17the purchase of alcoholic liquors will be a tax-exempt
18purchase, or (C) a statement that the applicant is not
19registered under Section 2a of the Retailers' Occupation Tax
20Act, does not hold a resale number under Section 2c of the
21Retailers' Occupation Tax Act, and does not hold an exemption
22number under Section 1g of the Retailers' Occupation Tax Act.
23The applicant shall also submit proof of adequate dram shop
24insurance for the special event prior to being issued a
25license.
26    In addition to the foregoing information, such application

 

 

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1shall contain such other and further information as the State
2Commission and the local commission may, by rule or regulation
3not inconsistent with law, prescribe.
4    If the applicant reports a felony conviction as required
5under paragraph (21) of this Section, such conviction may be
6considered by the Commission in accordance with Section 6-2.5
7of this Act in determining qualifications for licensing, but
8shall not operate as a bar to licensing.
9    If said application is made in behalf of a partnership,
10firm, association, club or corporation, then the same shall be
11signed by one member of such partnership or the president or
12secretary of such corporation or an authorized agent of said
13partnership or corporation.
14    All other applications shall be on forms prescribed by the
15State Commission, and which may exclude any of the above
16requirements which the State Commission rules to be
17inapplicable.
18(Source: P.A. 100-286, eff. 1-1-18.)
 
19    (235 ILCS 5/9-13)  (from Ch. 43, par. 176)
20    Sec. 9-13. It is unlawful to sell alcoholic liquor at
21retail or to grant or issue, or cause to be granted or issued,
22any license to sell alcoholic liquor at retail within the
23limits of any political subdivision or precinct or at any
24premises while the prohibition against such sales is in effect,
25or to sell at retail alcoholic liquor other than beer

 

 

SB3830- 78 -LRB101 20745 RPS 70430 b

1containing not more than 4% of alcohol by weight, or to grant
2or issue or cause to be granted any license to sell such
3alcoholic liquor at retail within the limits of such political
4subdivision or precinct while the prohibition against such
5sales is in effect, or to sell at retail alcoholic liquor
6containing more than 4% of alcohol by weight except in the
7original package and not for consumption on the premises, or to
8grant or issue or cause to be granted or issued any license to
9sell such alcoholic liquor at retail within the limits of such
10political subdivision or precinct while the prohibition
11against such sales is in effect. If any such license be granted
12or issued in violation of this section, the license shall be
13void. This section shall not prohibit the issuance of and
14operation under a manufacturer's or distributor's or importing
15distributor's license in accordance with law. This Section does
16not prohibit the retail sale of wine by a licensee under
17subsection (w) of Section 5-1.
18(Source: P.A. 86-861.)