102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1712

 

Introduced 2/26/2021, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/6-9.1
235 ILCS 5/6-17.5 new
235 ILCS 5/6-40 new

    Amends the Liquor Control Act of 1934. Provides that a distributor shall not require a retailer to purchase a minimum quantity of wine or spirits for delivery and shall not charge a retailer a fee for the delivery of wine or spirits. Provides that no retail licensee may purchase wine or spirits from, or possess wine or spirits purchased from, any person other than a distributor or importing distributor, except that a retail licensee may purchase 20 liters or less of wine or spirits from another retail licensee in a one-month period if specified conditions are met. Provides that no original package of wine or spirits may be transferred from one retail licensee to any other retail licensee without permission from the Illinois Liquor Control Commission, except that if the same retailer holds more than one retail license, original packages of wine or spirits may be transferred from one of the retail licensee's licensed locations to another of that retail licensee's licensed locations without prior permission from the State Commission, subject to specified conditions. Effective immediately.


LRB102 11975 RPS 17311 b

 

 

A BILL FOR

 

SB1712LRB102 11975 RPS 17311 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 Section 6-9.1 and by adding Sections 6-17.5 and 6-40
6as follows:
 
7    (235 ILCS 5/6-9.1)
8    Sec. 6-9.1. Deliveries to retail establishments. (a) A
9distributor of wine or spirits shall deliver to any retailer
10within any geographic area in which that distributor has been
11granted by a wholesaler the right to sell its trademark,
12brand, or name at least once every 2 weeks A distributor shall
13not require a retailer to purchase a minimum quantity of wine
14or spirits for delivery. A distributor shall not charge a
15retailer any fee in any form above the sale price of the wine
16or spirits for the delivery of wine or spirits. if (i) in the
17case of a retailer located in a county with a population of at
18least 3,000,000 inhabitants or in a county adjacent to a
19county with at least 3,000,000 inhabitants, the retailer
20agrees to purchase at least $200 of wine or spirits from the
21distributor every 2 weeks; or (ii) in the case of a retailer
22located in a county with a population of less than 3,000,000
23that is not adjacent to a county with a population of at least

 

 

SB1712- 2 -LRB102 11975 RPS 17311 b

13,000,000 inhabitants, the retailer agrees to purchase at
2least $50 of wine or spirits from the distributor every 2
3weeks.
4    (b) On January 1, 2002 and every 2 years thereafter, the
5dollar amounts in items (i) and (ii) of subsection (a) shall be
6increased or decreased by a percentage equal to the percentage
7increase or decrease in the Consumer Price Index during the
8previous 2 years according to the most recent available data.
9(Source: P.A. 91-482, eff. 1-1-00.)
 
10    (235 ILCS 5/6-17.5 new)
11    Sec. 6-17.5. Purchase of wine or spirits by a retail
12licensee from another retail licensee.
13    (a) No retail licensee may purchase wine or spirits from,
14or possess wine or spirits purchased from, any person other
15than a distributor or importing distributor; however, a retail
16licensee may purchase 20 liters or less of wine or spirits from
17another retail licensee in a one-month period if the following
18conditions are met:
19        (1) All purchases are properly documented with the
20    following information:
21            (A) the license number of each retail licensee
22        involved in the sale;
23            (B) the brand, size, and quantity of the wine or
24        spirits purchased; and
25            (C) the date the purchase was made.

 

 

SB1712- 3 -LRB102 11975 RPS 17311 b

1        (2) A copy of the invoice of the sale is submitted to
2    the State Commission from both retail licensees and is
3    retained by both retail licensees.
4    (b) A retail licensee that purchases or sells an original
5package of wine or spirits as authorized by this Section shall
6not be deemed to be engaged in business as a wholesaler or
7distributor based upon the sale authorized by this Section.
 
8    (235 ILCS 5/6-40 new)
9    Sec. 6-40. Transfer of wine or spirits by a retail
10licensee.
11    (a) No original package of wine or spirits may be
12transferred from one retail licensee to any other retail
13licensee without permission from the State Commission;
14however, if the same retail licensee holds more than one
15retail license, original packages of wine or spirits may be
16transferred from one of such retail licensee's licensed
17locations to another of that retail licensee's licensed
18locations without prior permission from the State Commission,
19subject to the following conditions:
20            (1) the transfer is made by common carrier;
21            (2) the transfer is made by a licensed
22        distributor's or importing distributor's vehicle; or
23            (3) the transfer is made by a vehicle owned and
24        operated by the licensee.
25    (b) All transfers must be properly documented in the form

 

 

SB1712- 4 -LRB102 11975 RPS 17311 b

1of an invoice in triplicate with the following information:
2            (1) the license number of the retail licensee from
3        which the transfer is to be made and the license number
4        of the retail licensee to which the transfer is to be
5        made;
6            (2) the brand, size, and quantity of the wine or
7        spirits to be transferred; and
8            (3) the date the transfer is to be made.
9    (c) A copy of the invoice must, prior to the transfer, be
10submitted to the State Commission. A copy of the invoice must
11be in the possession of the driver until delivery is complete
12and then retained by the retail licensee to which the transfer
13is made. A third copy of the invoice must be retained by the
14retail licensee from which the transfer is made.
15    (d) A retail licensee that transfers or receives an
16original package of wine or spirits as authorized by this
17Section shall not be deemed to be engaged in business as a
18wholesaler or distributor based upon the transfer authorized
19by this Section.
20    (e) A transfer authorized by this Section shall not be
21deemed a sale.
22    (f) Transfers of wine or spirits in accordance with this
23Section may only take place from and to the licensed premises
24of the retail licensee located within the registered
25geographic territory of the distributor or importing
26distributor from whom the retail licensee purchased the

 

 

SB1712- 5 -LRB102 11975 RPS 17311 b

1transferred wine or spirits.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.