Rep. Michael J. Zalewski

Filed: 1/3/2023

 

 


 

 


 
10200SB1001ham001LRB102 04809 RPS 42334 a

1
AMENDMENT TO SENATE BILL 1001

2    AMENDMENT NO. ______. Amend Senate Bill 1001 on page 1,
3line 5, by replacing "Section" with "Sections 5-1 and"; and
 
4on page 1, immediately below line 5, by inserting the
5following:
 
6    "(235 ILCS 5/5-1)  (from Ch. 43, par. 115)
7    Sec. 5-1. Licenses issued by the Illinois Liquor Control
8Commission shall be of the following classes:
9    (a) Manufacturer's license - Class 1. Distiller, Class 2.
10Rectifier, Class 3. Brewer, Class 4. First Class Wine
11Manufacturer, Class 5. Second Class Wine Manufacturer, Class
126. First Class Winemaker, Class 7. Second Class Winemaker,
13Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
14Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft
15Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
16Class 14. Class 3 Brewer,

 

 

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

 

 

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1    (a) A manufacturer's license shall allow the manufacture,
2importation in bulk, storage, distribution and sale of
3alcoholic liquor to persons without the State, as may be
4permitted by law and to licensees in this State as follows:
5    Class 1. A Distiller may make sales and deliveries of
6alcoholic liquor to distillers, rectifiers, importing
7distributors, distributors and non-beverage users and to no
8other licensees.
9    Class 2. A Rectifier, who is not a distiller, as defined
10herein, may make sales and deliveries of alcoholic liquor to
11rectifiers, importing distributors, distributors, retailers
12and non-beverage users and to no other licensees.
13    Class 3. A Brewer may make sales and deliveries of beer to
14importing distributors and distributors and may make sales as
15authorized under subsection (e) of Section 6-4 of this Act,
16including any alcoholic liquor that subsection (e) of Section
176-4 authorizes a brewer to sell in its original package only to
18a non-licensee for pick-up by a non-licensee either within the
19interior of the brewery premises or at outside of the brewery
20premises at a curb-side or parking lot adjacent to the brewery
21premises, subject to any local ordinance.
22    Class 4. A first class wine-manufacturer may make sales
23and deliveries of up to 50,000 gallons of wine to
24manufacturers, importing distributors and distributors, and to
25no other licensees. If a first-class wine-manufacturer
26manufactures beer, it shall also obtain and shall only be

 

 

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1eligible for, in addition to any current license, a class 1
2brewer license, shall not manufacture more than 930,000
3gallons of beer per year, and shall not be a member of or
4affiliated with, directly or indirectly, a manufacturer that
5produces more than 930,000 gallons of beer per year. If the
6first-class wine-manufacturer manufactures spirits, it shall
7also obtain and shall only be eligible for, in addition to any
8current license, a class 1 craft distiller license, shall not
9manufacture more than 50,000 gallons of spirits per year, and
10shall not be a member of or affiliated with, directly or
11indirectly, a manufacturer that produces more than 50,000
12gallons of spirits per year. A first-class wine-manufacturer
13shall be permitted to sell wine manufactured at the
14first-class wine-manufacturer premises to non-licensees.
15    Class 5. A second class Wine manufacturer may make sales
16and deliveries of more than 50,000 gallons of wine to
17manufacturers, importing distributors and distributors and to
18no other licensees.
19    Class 6. A first-class wine-maker's license shall allow
20the manufacture of up to 50,000 gallons of wine per year, and
21the storage and sale of such wine to distributors in the State
22and to persons without the State, as may be permitted by law. A
23person who, prior to June 1, 2008 (the effective date of Public
24Act 95-634), is a holder of a first-class wine-maker's license
25and annually produces more than 25,000 gallons of its own wine
26and who distributes its wine to licensed retailers shall cease

 

 

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1this practice on or before July 1, 2008 in compliance with
2Public Act 95-634. If a first-class wine-maker manufactures
3beer, it shall also obtain and shall only be eligible for, in
4addition to any current license, a class 1 brewer license,
5shall not manufacture more than 930,000 gallons of beer per
6year, and shall not be a member of or affiliated with, directly
7or indirectly, a manufacturer that produces more than 930,000
8gallons of beer per year. If the first-class wine-maker
9manufactures spirits, it shall also obtain and shall only be
10eligible for, in addition to any current license, a class 1
11craft distiller license, shall not manufacture more than
1250,000 gallons of spirits per year, and shall not be a member
13of or affiliated with, directly or indirectly, a manufacturer
14that produces more than 50,000 gallons of spirits per year. A
15first-class wine-maker holding a class 1 brewer license or a
16class 1 craft distiller license shall not be eligible for a
17wine-maker's premises license but shall be permitted to sell
18wine manufactured at the first-class wine-maker premises to
19non-licensees.
20    Class 7. A second-class wine-maker's license shall allow
21the manufacture of up to 150,000 gallons of wine per year, and
22the storage and sale of such wine to distributors in this State
23and to persons without the State, as may be permitted by law. A
24person who, prior to June 1, 2008 (the effective date of Public
25Act 95-634), is a holder of a second-class wine-maker's
26license and annually produces more than 25,000 gallons of its

 

 

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1own wine and who distributes its wine to licensed retailers
2shall cease this practice on or before July 1, 2008 in
3compliance with Public Act 95-634. If a second-class
4wine-maker manufactures beer, it shall also obtain and shall
5only be eligible for, in addition to any current license, a
6class 2 brewer license, shall not manufacture more than
73,720,000 gallons of beer per year, and shall not be a member
8of or affiliated with, directly or indirectly, a manufacturer
9that produces more than 3,720,000 gallons of beer per year. If
10a second-class wine-maker manufactures spirits, it shall also
11obtain and shall only be eligible for, in addition to any
12current license, a class 2 craft distiller license, shall not
13manufacture more than 100,000 gallons of spirits per year, and
14shall not be a member of or affiliated with, directly or
15indirectly, a manufacturer that produces more than 100,000
16gallons of spirits per year.
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

 

 

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1distiller license; or (ii) a class 2 craft distiller licensee
2if the craft distiller holds a class 2 craft distiller
3license.
4    Class 10. A class 1 craft distiller license, which may
5only be issued to a licensed craft distiller or licensed
6non-resident dealer, shall allow the manufacture of up to
750,000 gallons of spirits per year provided that the class 1
8craft distiller licensee does not manufacture more than a
9combined 50,000 gallons of spirits per year and is not a member
10of or affiliated with, directly or indirectly, a manufacturer
11that produces more than 50,000 gallons of spirits per year. If
12a class 1 craft distiller manufactures beer, it shall also
13obtain and shall only be eligible for, in addition to any
14current license, a class 1 brewer license, shall not
15manufacture more than 930,000 gallons of beer per year, and
16shall not be a member of or affiliated with, directly or
17indirectly, a manufacturer that produces more than 930,000
18gallons of beer per year. If a class 1 craft distiller
19manufactures wine, it shall also obtain and shall only be
20eligible for, in addition to any current license, a
21first-class wine-manufacturer license or a first-class
22wine-maker's license, shall not manufacture more than 50,000
23gallons of wine per year, and shall not be a member of or
24affiliated with, directly or indirectly, a manufacturer that
25produces more than 50,000 gallons of wine per year. A class 1
26craft distiller licensee may make sales and deliveries to

 

 

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1importing distributors and distributors and to retail
2licensees in accordance with the conditions set forth in
3paragraph (19) of subsection (a) of Section 3-12 of this Act.
4However, the aggregate amount of spirits sold to non-licensees
5and sold or delivered to retail licensees may not exceed 5,000
6gallons per year.
7    A class 1 craft distiller licensee may sell up to 5,000
8gallons of such spirits to non-licensees to the extent
9permitted by any exemption approved by the State Commission
10pursuant to Section 6-4 of this Act. A class 1 craft distiller
11license holder may store such spirits at a non-contiguous
12licensed location, but at no time shall a class 1 craft
13distiller license holder directly or indirectly produce in the
14aggregate more than 50,000 gallons of spirits per year.
15    A class 1 craft distiller licensee may hold more than one
16class 1 craft distiller's license. However, a class 1 craft
17distiller that holds more than one class 1 craft distiller
18license shall not manufacture, in the aggregate, more than
1950,000 gallons of spirits by distillation per year and shall
20not sell, in the aggregate, more than 5,000 gallons of such
21spirits to non-licensees in accordance with an exemption
22approved by the State Commission pursuant to Section 6-4 of
23this Act.
24    Class 11. A class 2 craft distiller license, which may
25only be issued to a licensed craft distiller or licensed
26non-resident dealer, shall allow the manufacture of up to

 

 

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1100,000 gallons of spirits per year provided that the class 2
2craft distiller licensee does not manufacture more than a
3combined 100,000 gallons of spirits per year and is not a
4member of or affiliated with, directly or indirectly, a
5manufacturer that produces more than 100,000 gallons of
6spirits per year. If a class 2 craft distiller manufactures
7beer, it shall also obtain and shall only be eligible for, in
8addition to any current license, a class 2 brewer license,
9shall not manufacture more than 3,720,000 gallons of beer per
10year, and shall not be a member of or affiliated with, directly
11or indirectly, a manufacturer that produces more than
123,720,000 gallons of beer per year. If a class 2 craft
13distiller manufactures wine, it shall also obtain and shall
14only be eligible for, in addition to any current license, a
15second-class wine-maker's license, shall not manufacture more
16than 150,000 gallons of wine per year, and shall not be a
17member of or affiliated with, directly or indirectly, a
18manufacturer that produces more than 150,000 gallons of wine
19per year. A class 2 craft distiller licensee may make sales and
20deliveries to importing distributors and distributors, but
21shall not make sales or deliveries to any other licensee. If
22the State Commission provides prior approval, a class 2 craft
23distiller licensee may annually transfer up to 100,000 gallons
24of spirits manufactured by that class 2 craft distiller
25licensee to the premises of a licensed class 2 craft distiller
26wholly owned and operated by the same licensee. A class 2 craft

 

 

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

 

 

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1issued to a licensed brewer or licensed non-resident dealer,
2shall allow the manufacture of up to 930,000 gallons of beer
3per year provided that the class 1 brewer licensee does not
4manufacture more than a combined 930,000 gallons of beer per
5year and is not a member of or affiliated with, directly or
6indirectly, a manufacturer that produces more than 930,000
7gallons of beer per year. If a class 1 brewer manufactures
8spirits, it shall also obtain and shall only be eligible for,
9in addition to any current license, a class 1 craft distiller
10license, shall not manufacture more than 50,000 gallons of
11spirits per year, and shall not be a member of or affiliated
12with, directly or indirectly, a manufacturer that produces
13more than 50,000 gallons of spirits per year. If a class 1
14craft brewer manufactures wine, it shall also obtain and shall
15only be eligible for, in addition to any current license, a
16first-class wine-manufacturer license or a first-class
17wine-maker's license, shall not manufacture more than 50,000
18gallons of wine per year, and shall not be a member of or
19affiliated with, directly or indirectly, a manufacturer that
20produces more than 50,000 gallons of wine per year. A class 1
21brewer licensee may make sales and deliveries to importing
22distributors and distributors and to retail licensees in
23accordance with the conditions set forth in paragraph (18) of
24subsection (a) of Section 3-12 of this Act. If the State
25Commission provides prior approval, a class 1 brewer may
26annually transfer up to 930,000 gallons of beer manufactured

 

 

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1by that class 1 brewer to the premises of a licensed class 1
2brewer wholly owned and operated by the same licensee.
3    Class 13. A class 2 brewer license, which may only be
4issued to a licensed brewer or licensed non-resident dealer,
5shall allow the manufacture of up to 3,720,000 gallons of beer
6per year provided that the class 2 brewer licensee does not
7manufacture more than a combined 3,720,000 gallons of beer per
8year and is not a member of or affiliated with, directly or
9indirectly, a manufacturer that produces more than 3,720,000
10gallons of beer per year. If a class 2 brewer manufactures
11spirits, it shall also obtain and shall only be eligible for,
12in addition to any current license, a class 2 craft distiller
13license, shall not manufacture more than 100,000 gallons of
14spirits per year, and shall not be a member of or affiliated
15with, directly or indirectly, a manufacturer that produces
16more than 100,000 gallons of spirits per year. If a class 2
17craft distiller manufactures wine, it shall also obtain and
18shall only be eligible for, in addition to any current
19license, a second-class wine-maker's license, shall not
20manufacture more than 150,000 gallons of wine per year, and
21shall not be a member of or affiliated with, directly or
22indirectly, a manufacturer that produces more than 150,000
23gallons of wine a year. A class 2 brewer licensee may make
24sales and deliveries to importing distributors and
25distributors, but shall not make sales or deliveries to any
26other licensee. If the State Commission provides prior

 

 

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1approval, a class 2 brewer licensee may annually transfer up
2to 3,720,000 gallons of beer manufactured by that class 2
3brewer licensee to the premises of a licensed class 2 brewer
4wholly owned and operated by the same licensee.
5    A class 2 brewer may transfer beer to a brew pub wholly
6owned and operated by the class 2 brewer subject to the
7following limitations and restrictions: (i) the transfer shall
8not annually exceed more than 31,000 gallons; (ii) the annual
9amount transferred shall reduce the brew pub's annual
10permitted production limit; (iii) all beer transferred shall
11be subject to Article VIII of this Act; (iv) a written record
12shall be maintained by the brewer and brew pub specifying the
13amount, date of delivery, and receipt of the product by the
14brew pub; and (v) the brew pub shall be located no farther than
1580 miles from the class 2 brewer's licensed location.
16    A class 2 brewer shall, prior to transferring beer to a
17brew pub wholly owned by the class 2 brewer, furnish a written
18notice to the State Commission of intent to transfer beer
19setting forth the name and address of the brew pub and shall
20annually submit to the State Commission a verified report
21identifying the total gallons of beer transferred to the brew
22pub wholly owned by the class 2 brewer.
23    Class 14. A class 3 brewer license, which may be issued to
24a brewer or a non-resident dealer, shall allow the manufacture
25of no more than 465,000 gallons of beer per year and no more
26than 155,000 gallons at a single brewery premises, and shall

 

 

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1allow the sale of no more than 6,200 gallons of beer from each
2in-state or out-of-state class 3 brewery premises, or 18,600
3gallons in the aggregate, to retail licensees, class 1
4brewers, class 2 brewers, and class 3 brewers as long as the
5class 3 brewer licensee does not manufacture more than a
6combined 465,000 gallons of beer per year and is not a member
7of or affiliated with, directly or indirectly, a manufacturer
8that produces more than 465,000 gallons of beer per year to
9make sales to importing distributors, distributors, retail
10licensees, brewers, class 1 brewers, class 2 brewers, and
11class 3 brewers in accordance with the conditions set forth in
12paragraph (20) of subsection (a) of Section 3-12. If the State
13Commission provides prior approval, a class 3 brewer may
14annually transfer up to 155,000 gallons of beer manufactured
15by that class 3 brewer to the premises of a licensed class 3
16brewer wholly owned and operated by the same licensee. A class
173 brewer shall manufacture beer at the brewer's class 3
18designated licensed premises, and may sell beer as otherwise
19provided in this Act.
20    (a-1) A manufacturer which is licensed in this State to
21make sales or deliveries of alcoholic liquor to licensed
22distributors or importing distributors and which enlists
23agents, representatives, or individuals acting on its behalf
24who contact licensed retailers on a regular and continual
25basis in this State must register those agents,
26representatives, or persons acting on its behalf with the

 

 

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

 

 

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

 

 

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1    (d) A retailer's license shall allow the licensee to sell
2and offer for sale at retail, only in the premises specified in
3the license, alcoholic liquor for use or consumption, but not
4for resale in any form. Except as provided in Section 6-16,
56-29, or 6-29.1, nothing in this Act shall deny, limit,
6remove, or restrict the ability of a holder of a retailer's
7license to transfer or ship alcoholic liquor to the purchaser
8for use or consumption subject to any applicable local law or
9ordinance. For the purposes of this Section, "shipping" means
10the movement of alcoholic liquor from a licensed retailer to a
11consumer via a common carrier. Except as provided in Section
126-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit,
13remove, or restrict the ability of a holder of a retailer's
14license to deliver alcoholic liquor to the purchaser for use
15or consumption. The delivery shall be made only within 12
16hours from the time the alcoholic liquor leaves the licensed
17premises of the retailer for delivery. For the purposes of
18this Section, "delivery" means the movement of alcoholic
19liquor purchased from a licensed retailer to a consumer
20through the following methods:
21        (1) delivery within licensed retailer's parking lot,
22    including curbside, for pickup by the consumer;
23        (2) delivery by an owner, officer, director,
24    shareholder, or employee of the licensed retailer; or
25        (3) delivery by a third-party contractor, independent
26    contractor, or agent with whom the licensed retailer has

 

 

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1    contracted to make deliveries of alcoholic liquors.
2    Under subsection (1), (2), or (3), delivery shall not
3include the use of common carriers.
4    Any retail license issued to a manufacturer shall only
5permit the manufacturer to sell beer at retail on the premises
6actually occupied by the manufacturer. For the purpose of
7further describing the type of business conducted at a retail
8licensed premises, a retailer's licensee may be designated by
9the State Commission as (i) an on premise consumption
10retailer, (ii) an off premise sale retailer, or (iii) a
11combined on premise consumption and off premise sale retailer.
12    Except for a municipality with a population of more than
131,000,000 inhabitants, a home rule unit or non-home rule
14municipality may not regulate the delivery of alcoholic liquor
15inconsistent with this subsection. This paragraph is a
16limitation under subsection (i) of Section 6 of Article VII of
17the Illinois Constitution on the concurrent exercise by home
18rule units of powers and functions exercised by the State.
19    Notwithstanding any other provision of this subsection
20(d), a retail licensee may sell alcoholic liquors to a special
21event retailer licensee for resale to the extent permitted
22under subsection (e).
23    (e) A special event retailer's license (not-for-profit)
24shall permit the licensee to purchase alcoholic liquors from
25an Illinois licensed distributor (unless the licensee
26purchases less than $500 of alcoholic liquors for the special

 

 

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1event, in which case the licensee may purchase the alcoholic
2liquors from a licensed retailer) and shall allow the licensee
3to sell and offer for sale, at retail, alcoholic liquors for
4use or consumption, but not for resale in any form and only at
5the location and on the specific dates designated for the
6special event in the license. An applicant for a special event
7retailer license must (i) furnish with the application: (A) a
8resale number issued under Section 2c of the Retailers'
9Occupation Tax Act or evidence that the applicant is
10registered under Section 2a of the Retailers' Occupation Tax
11Act, (B) a current, valid exemption identification number
12issued under Section 1g of the Retailers' Occupation Tax Act,
13and a certification to the Commission that the purchase of
14alcoholic liquors will be a tax-exempt purchase, or (C) a
15statement that the applicant is not registered under Section
162a of the Retailers' Occupation Tax Act, does not hold a resale
17number under Section 2c of the Retailers' Occupation Tax Act,
18and does not hold an exemption number under Section 1g of the
19Retailers' Occupation Tax Act, in which event the Commission
20shall set forth on the special event retailer's license a
21statement to that effect; (ii) submit with the application
22proof satisfactory to the State Commission that the applicant
23will provide dram shop liability insurance in the maximum
24limits; and (iii) show proof satisfactory to the State
25Commission that the applicant has obtained local authority
26approval.

 

 

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

 

 

10200SB1001ham001- 21 -LRB102 04809 RPS 42334 a

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

 

 

10200SB1001ham001- 22 -LRB102 04809 RPS 42334 a

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

 

 

10200SB1001ham001- 23 -LRB102 04809 RPS 42334 a

1liability amounts set forth in subsection (a) of Section 6-21
2of this Act.
3    (j) An airplane license shall permit the licensee to
4import alcoholic liquors into this State from any point in the
5United States outside this State and to store such alcoholic
6liquors in this State; to make wholesale purchases of
7alcoholic liquors directly from manufacturers, foreign
8importers, distributors and importing distributors from within
9or outside this State; and to store such alcoholic liquors in
10this State; provided that the above powers may be exercised
11only in connection with the importation, purchase or storage
12of alcoholic liquors to be sold or dispensed on an airplane;
13and provided further, that airplane licensees exercising the
14above powers shall be subject to all provisions of Article
15VIII of this Act as applied to importing distributors. An
16airplane licensee shall also permit the sale or dispensing of
17alcoholic liquors on any passenger airplane regularly operated
18by a common carrier in this State, but shall not permit the
19sale for resale of any alcoholic liquors to any licensee
20within this State. A single airplane license shall be required
21of an airline company if liquor service is provided on board
22aircraft in this State. The annual fee for such license shall
23be as determined in Section 5-3.
24    (k) A foreign importer's license shall permit such
25licensee to purchase alcoholic liquor from Illinois licensed
26non-resident dealers only, and to import alcoholic liquor

 

 

10200SB1001ham001- 24 -LRB102 04809 RPS 42334 a

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

 

 

10200SB1001ham001- 25 -LRB102 04809 RPS 42334 a

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

 

 

10200SB1001ham001- 26 -LRB102 04809 RPS 42334 a

1    Any agent, representative, or person subject to
2registration pursuant to subsection (a-1) of this Section
3shall not be eligible to receive a broker's license.
4    (m) A non-resident dealer's license shall permit such
5licensee to ship into and warehouse alcoholic liquor into this
6State from any point outside of this State, and to sell such
7alcoholic liquor to Illinois licensed foreign importers and
8importing distributors and to no one else in this State;
9provided that (i) said non-resident dealer shall register with
10the Illinois Liquor Control Commission each and every brand of
11alcoholic liquor which it proposes to sell to Illinois
12licensees during the license period, (ii) it shall comply with
13all of the provisions of Section 6-9 hereof with respect to
14registration of such Illinois licensees as may be granted the
15right to sell such brands at wholesale by duly filing such
16registration statement, thereby authorizing the non-resident
17dealer to proceed to sell such brands at wholesale, and (iii)
18the non-resident dealer shall comply with the provisions of
19Sections 6-5 and 6-6 of this Act to the same extent that these
20provisions apply to manufacturers. No person licensed as a
21non-resident dealer shall be granted a distributor's or
22importing distributor's license.
23    (n) A brew pub license shall allow the licensee to only (i)
24manufacture up to 155,000 gallons of beer per year only on the
25premises specified in the license, (ii) make sales of the beer
26manufactured on the premises or, with the approval of the

 

 

10200SB1001ham001- 27 -LRB102 04809 RPS 42334 a

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

 

 

10200SB1001ham001- 28 -LRB102 04809 RPS 42334 a

1(ii) does not hold more than 3 brew pub licenses in this State;
2(iii) does not manufacture more than a combined 3,720,000
3gallons of beer per year, including the beer manufactured at
4the brew pub; and (iv) is not a member of or affiliated with,
5directly or indirectly, a manufacturer that produces more than
63,720,000 gallons of beer per year or any other alcoholic
7liquor.
8    Notwithstanding any other provision of this Act, a
9licensed brewer, class 2 brewer, or non-resident dealer who
10before July 1, 2015 manufactured less than 3,720,000 gallons
11of beer per year and held a brew pub license on or before July
121, 2015 may (i) continue to qualify for and hold that brew pub
13license for the licensed premises and (ii) manufacture more
14than 3,720,000 gallons of beer per year and continue to
15qualify for and hold that brew pub license if that brewer,
16class 2 brewer, or non-resident dealer does not simultaneously
17hold a class 1 brewer license and is not a member of or
18affiliated with, directly or indirectly, a manufacturer that
19produces more than 3,720,000 gallons of beer per year or that
20produces any other alcoholic liquor.
21    A brew pub licensee may apply for a class 3 brewer license
22and, upon: (i) meeting all applicable qualifications of this
23Act, and relinquishing all commonly owned brew pub or retail
24licenses, shall be issued a class 3 brewer license. Nothing in
25this Act shall prohibit the issuance of a class 3 brewer
26license if the applicant:

 

 

10200SB1001ham001- 29 -LRB102 04809 RPS 42334 a

1        (1) has a valid retail license on or before May 1,
2    2021;
3        (2) has an ownership interest in at least two brew
4    pubs licenses on or before May 1, 2021;
5        (3) the brew pub licensee applies for a class 3 brewer
6    license on or before October 1, 2022 and relinquishes all
7    commonly owned brew pub licenses; and
8        (4) relinquishes all commonly owned retail licenses on
9    or before December 31, 2022.
10    If a brew pub licensee is issued a class 3 brewer license,
11the class 3 brewer license shall expire on the same date as the
12existing brew pub license and the State Commission shall not
13require a class 3 brewer licensee to obtain a brewer license,
14or in the alternative to pay a fee for a brewer license, until
15the date the brew pub license of the applicant would have
16expired.
17    (o) A caterer retailer license shall allow the holder to
18serve alcoholic liquors as an incidental part of a food
19service that serves prepared meals which excludes the serving
20of snacks as the primary meal, either on or off-site whether
21licensed or unlicensed. A caterer retailer license shall allow
22the holder, a distributor, or an importing distributor to
23transfer any inventory to and from the holder's retail
24premises and shall allow the holder to purchase alcoholic
25liquor from a distributor or importing distributor to be
26delivered directly to an off-site event.

 

 

10200SB1001ham001- 30 -LRB102 04809 RPS 42334 a

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

 

 

10200SB1001ham001- 31 -LRB102 04809 RPS 42334 a

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

 

 

10200SB1001ham001- 32 -LRB102 04809 RPS 42334 a

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

 

 

10200SB1001ham001- 33 -LRB102 04809 RPS 42334 a

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

 

 

10200SB1001ham001- 34 -LRB102 04809 RPS 42334 a

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

 

 

10200SB1001ham001- 35 -LRB102 04809 RPS 42334 a

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

 

 

10200SB1001ham001- 36 -LRB102 04809 RPS 42334 a

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

 

 

10200SB1001ham001- 37 -LRB102 04809 RPS 42334 a

1the winery shipper's license shall be revoked in accordance
2with the provisions of Article VII of this Act. If a licensee
3fails to properly register and remit tax under the Use Tax Act
4or the Retailers' Occupation Tax Act for all wine that is sold
5by the winery shipper and shipped to persons in this State, the
6winery shipper's license shall be revoked in accordance with
7the provisions of Article VII of this Act.
8    A winery shipper licensee must collect, maintain, and
9submit to the Commission on a semi-annual basis the total
10number of cases per resident of wine shipped to residents of
11this State. A winery shipper licensed under this subsection
12(r) must comply with the requirements of Section 6-29 of this
13Act.
14    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
15Section 3-12, the State Commission may receive, respond to,
16and investigate 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 winery shipper.
23    (s) A craft distiller tasting permit license shall allow
24an Illinois licensed class 1 craft distiller or class 2 craft
25distiller to transfer a portion of its alcoholic liquor
26inventory from its class 1 craft distiller or class 2 craft

 

 

10200SB1001ham001- 38 -LRB102 04809 RPS 42334 a

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

 

 

10200SB1001ham001- 39 -LRB102 04809 RPS 42334 a

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

 

 

10200SB1001ham001- 40 -LRB102 04809 RPS 42334 a

1per year, including the spirits manufactured at the distilling
2pub; and (iv) is not a member of or affiliated with, directly
3or indirectly, a manufacturer that produces more than 100,000
4gallons of spirits per year or any other alcoholic liquor.
5    (v) A craft distiller warehouse permit may be issued to
6the holder of a class 1 craft distiller or class 2 craft
7distiller license. The craft distiller warehouse permit shall
8allow the holder to store or warehouse up to 500,000 gallons of
9spirits manufactured by the holder of the permit at the
10premises specified on the permit. Sales to non-licensees are
11prohibited at the premises specified in the craft distiller
12warehouse permit.
13    (w) A beer showcase permit license shall allow an
14Illinois-licensed distributor to transfer a portion of its
15beer inventory from its licensed premises to the premises
16specified in the beer showcase permit license, and, in the
17case of a class 3 brewer, transfer only beer the class 3 brewer
18manufactures from its licensed premises to the premises
19specified in the beer showcase permit license; and to sell or
20offer for sale at retail, only in the premises specified in the
21beer showcase permit license, the transferred or delivered
22beer for on or off premise consumption, but not for resale in
23any form and to sell to non-licensees not more than 96 fluid
24ounces of beer per person. A beer showcase permit license may
25be granted for the following time periods: one day or less; or
262 or more days to a maximum of 15 days per location in any

 

 

10200SB1001ham001- 41 -LRB102 04809 RPS 42334 a

112-month period. An applicant for a beer showcase permit
2license must also submit with the application proof
3satisfactory to the State Commission that the applicant will
4provide dram shop liability insurance to the maximum limits
5and have local authority approval. The State Commission shall
6require the beer showcase applicant to comply with Section
76-27.1.
8(Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19;
9101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff.
108-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22;
11102-442, eff. 8-20-21; revised 2-28-22.)"; and
 
12on page 6, lines 11 and 12, by replacing "August 1, 2022" with
13"upon becoming law".