103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3733

 

Introduced 2/9/2024, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/1-3.43
235 ILCS 5/5-1  from Ch. 43, par. 115

    Amends the Liquor Control Act of 1934. Removes language authorizing a distributor to hold a beer showcase permit.


LRB103 37759 RPS 67887 b

 

 

A BILL FOR

 

SB3733LRB103 37759 RPS 67887 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 1-3.43 and 5-1 as follows:
 
6    (235 ILCS 5/1-3.43)
7    Sec. 1-3.43. Beer showcase permit. "Beer showcase permit"
8means a license for use by a class 3 brewer or distributor to
9allow for the transfer of beer only from an existing licensed
10premises of a class 3 brewer or distributor to a designated
11site for a specific event.
12(Source: P.A. 102-442, eff. 8-20-21; 103-154, eff. 6-30-23.)
 
13    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
14    Sec. 5-1. Licenses issued by the Illinois Liquor Control
15Commission shall be of the following classes:
16    (a) Manufacturer's license - Class 1. Distiller, Class 2.
17Rectifier, Class 3. Brewer, Class 4. First Class Wine
18Manufacturer, Class 5. Second Class Wine Manufacturer, Class
196. First Class Winemaker, Class 7. Second Class Winemaker,
20Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
21Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft
22Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,

 

 

SB3733- 2 -LRB103 37759 RPS 67887 b

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

 

 

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1wine manufacturer's license.
2    (a) A manufacturer's license shall allow the manufacture,
3importation in bulk, storage, distribution and sale of
4alcoholic liquor to persons without the State, as may be
5permitted by law and to licensees in this State as follows:
6    Class 1. A Distiller may make sales and deliveries of
7alcoholic liquor to distillers, rectifiers, importing
8distributors, distributors and non-beverage users and to no
9other licensees.
10    Class 2. A Rectifier, who is not a distiller, as defined
11herein, may make sales and deliveries of alcoholic liquor to
12rectifiers, importing distributors, distributors, retailers
13and non-beverage users and to no other licensees.
14    Class 3. A Brewer may make sales and deliveries of beer to
15importing distributors and distributors and may make sales as
16authorized under subsection (e) of Section 6-4 of this Act,
17including any alcoholic liquor that subsection (e) of Section
186-4 authorizes a brewer to sell in its original package only to
19a non-licensee for pick-up by a non-licensee either within the
20interior of the brewery premises or at outside of the brewery
21premises at a curb-side or parking lot adjacent to the brewery
22premises, subject to any local ordinance.
23    Class 4. A first class wine-manufacturer may make sales
24and deliveries of up to 50,000 gallons of wine to
25manufacturers, importing distributors and distributors, and to
26no other licensees. If a first-class wine-manufacturer

 

 

SB3733- 4 -LRB103 37759 RPS 67887 b

1manufactures beer, it shall also obtain and shall only be
2eligible for, in addition to any current license, a class 1
3brewer license, shall not manufacture more than 930,000
4gallons of beer per year, and shall not be a member of or
5affiliated with, directly or indirectly, a manufacturer that
6produces more than 930,000 gallons of beer per year. If the
7first-class wine-manufacturer manufactures spirits, it shall
8also obtain and shall only be eligible for, in addition to any
9current license, a class 1 craft distiller license, shall not
10manufacture more than 50,000 gallons of spirits per year, and
11shall not be a member of or affiliated with, directly or
12indirectly, a manufacturer that produces more than 50,000
13gallons of spirits per year. A first-class wine-manufacturer
14shall be permitted to sell wine manufactured at the
15first-class wine-manufacturer premises to non-licensees.
16    Class 5. A second class Wine manufacturer may make sales
17and deliveries of more than 50,000 gallons of wine to
18manufacturers, importing distributors and distributors and to
19no other licensees.
20    Class 6. A first-class wine-maker's license shall allow
21the manufacture of up to 50,000 gallons of wine per year, and
22the storage and sale of such wine to distributors in the 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 first-class wine-maker's license
26and annually produces more than 25,000 gallons of its own wine

 

 

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1and who distributes its wine to licensed retailers shall cease
2this practice on or before July 1, 2008 in compliance with
3Public Act 95-634. If a first-class wine-maker manufactures
4beer, it shall also obtain and shall only be eligible for, in
5addition to any current license, a class 1 brewer license,
6shall not manufacture more than 930,000 gallons of beer per
7year, and shall not be a member of or affiliated with, directly
8or indirectly, a manufacturer that produces more than 930,000
9gallons of beer per year. If the first-class wine-maker
10manufactures spirits, it shall also obtain and shall only be
11eligible for, in addition to any current license, a class 1
12craft distiller license, shall not manufacture more than
1350,000 gallons of spirits per year, and shall not be a member
14of or affiliated with, directly or indirectly, a manufacturer
15that produces more than 50,000 gallons of spirits per year. A
16first-class wine-maker holding a class 1 brewer license or a
17class 1 craft distiller license shall not be eligible for a
18wine-maker's premises license but shall be permitted to sell
19wine manufactured at the first-class wine-maker premises to
20non-licensees.
21    Class 7. A second-class wine-maker's license shall allow
22the manufacture of up to 150,000 gallons of wine per year, and
23the storage and sale of such wine to distributors in this State
24and to persons without the State, as may be permitted by law. A
25person who, prior to June 1, 2008 (the effective date of Public
26Act 95-634), is a holder of a second-class wine-maker's

 

 

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1license and annually produces more than 25,000 gallons of its
2own wine and who distributes its wine to licensed retailers
3shall cease this practice on or before July 1, 2008 in
4compliance with Public Act 95-634. If a second-class
5wine-maker manufactures beer, it shall also obtain and shall
6only be eligible for, in addition to any current license, a
7class 2 brewer license, shall not manufacture more than
83,720,000 gallons of beer per year, and shall not be a member
9of or affiliated with, directly or indirectly, a manufacturer
10that produces more than 3,720,000 gallons of beer per year. If
11a second-class wine-maker manufactures spirits, it shall also
12obtain and shall only be eligible for, in addition to any
13current license, a class 2 craft distiller license, shall not
14manufacture more than 100,000 gallons of spirits per year, and
15shall not be a member of or affiliated with, directly or
16indirectly, a manufacturer that produces more than 100,000
17gallons of spirits per year.
18    Class 8. A limited wine-manufacturer may make sales and
19deliveries not to exceed 40,000 gallons of wine per year to
20distributors, and to non-licensees in accordance with the
21provisions of this Act.
22    Class 9. A craft distiller license, which may only be held
23by a class 1 craft distiller licensee or class 2 craft
24distiller licensee but not held by both a class 1 craft
25distiller licensee and a class 2 craft distiller licensee,
26shall grant all rights conveyed by either: (i) a class 1 craft

 

 

SB3733- 7 -LRB103 37759 RPS 67887 b

1distiller license if the craft distiller holds a class 1 craft
2distiller license; or (ii) a class 2 craft distiller licensee
3if the craft distiller holds a class 2 craft distiller
4license.
5    Class 10. A class 1 craft distiller license, which may
6only be issued to a licensed craft distiller or licensed
7non-resident dealer, shall allow the manufacture of up to
850,000 gallons of spirits per year provided that the class 1
9craft distiller licensee does not manufacture more than a
10combined 50,000 gallons of spirits per year and is not a member
11of or affiliated with, directly or indirectly, a manufacturer
12that produces more than 50,000 gallons of spirits per year. If
13a class 1 craft distiller manufactures beer, it shall also
14obtain and shall only be eligible for, in addition to any
15current license, a class 1 brewer license, shall not
16manufacture more than 930,000 gallons of beer per year, and
17shall not be a member of or affiliated with, directly or
18indirectly, a manufacturer that produces more than 930,000
19gallons of beer per year. If a class 1 craft distiller
20manufactures wine, it shall also obtain and shall only be
21eligible for, in addition to any current license, a
22first-class wine-manufacturer license or a first-class
23wine-maker's license, shall not manufacture more than 50,000
24gallons of wine per year, and shall not be a member of or
25affiliated with, directly or indirectly, a manufacturer that
26produces more than 50,000 gallons of wine per year. A class 1

 

 

SB3733- 8 -LRB103 37759 RPS 67887 b

1craft distiller licensee may make sales and deliveries to
2importing distributors and distributors and to retail
3licensees in accordance with the conditions set forth in
4paragraph (19) of subsection (a) of Section 3-12 of this Act.
5However, the aggregate amount of spirits sold to non-licensees
6and sold or delivered to retail licensees may not exceed 5,000
7gallons per year.
8    A class 1 craft distiller licensee may sell up to 5,000
9gallons of such spirits to non-licensees to the extent
10permitted by any exemption approved by the State Commission
11pursuant to Section 6-4 of this Act. A class 1 craft distiller
12license holder may store such spirits at a non-contiguous
13licensed location, but at no time shall a class 1 craft
14distiller license holder directly or indirectly produce in the
15aggregate more than 50,000 gallons of spirits per year.
16    A class 1 craft distiller licensee may hold more than one
17class 1 craft distiller's license. However, a class 1 craft
18distiller that holds more than one class 1 craft distiller
19license shall not manufacture, in the aggregate, more than
2050,000 gallons of spirits by distillation per year and shall
21not sell, in the aggregate, more than 5,000 gallons of such
22spirits to non-licensees in accordance with an exemption
23approved by the State Commission pursuant to Section 6-4 of
24this Act.
25    Class 11. A class 2 craft distiller license, which may
26only be issued to a licensed craft distiller or licensed

 

 

SB3733- 9 -LRB103 37759 RPS 67887 b

1non-resident dealer, shall allow the manufacture of up to
2100,000 gallons of spirits per year provided that the class 2
3craft distiller licensee does not manufacture more than a
4combined 100,000 gallons of spirits per year and is not a
5member of or affiliated with, directly or indirectly, a
6manufacturer that produces more than 100,000 gallons of
7spirits per year. If a class 2 craft distiller manufactures
8beer, it shall also obtain and shall only be eligible for, in
9addition to any current license, a class 2 brewer license,
10shall not manufacture more than 3,720,000 gallons of beer per
11year, and shall not be a member of or affiliated with, directly
12or indirectly, a manufacturer that produces more than
133,720,000 gallons of beer per year. If a class 2 craft
14distiller manufactures wine, it shall also obtain and shall
15only be eligible for, in addition to any current license, a
16second-class wine-maker's license, shall not manufacture more
17than 150,000 gallons of wine per year, and shall not be a
18member of or affiliated with, directly or indirectly, a
19manufacturer that produces more than 150,000 gallons of wine
20per year. A class 2 craft distiller licensee may make sales and
21deliveries to importing distributors and distributors, but
22shall not make sales or deliveries to any other licensee. If
23the State Commission provides prior approval, a class 2 craft
24distiller licensee may annually transfer up to 100,000 gallons
25of spirits manufactured by that class 2 craft distiller
26licensee to the premises of a licensed class 2 craft distiller

 

 

SB3733- 10 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 11 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 12 -LRB103 37759 RPS 67887 b

1annually transfer up to 930,000 gallons of beer manufactured
2by that class 1 brewer to the premises of a licensed class 1
3brewer wholly owned and operated by the same licensee.
4    Class 13. A class 2 brewer license, which may only be
5issued to a licensed brewer or licensed non-resident dealer,
6shall allow the manufacture of up to 3,720,000 gallons of beer
7per year provided that the class 2 brewer licensee does not
8manufacture more than a combined 3,720,000 gallons of beer per
9year and is not a member of or affiliated with, directly or
10indirectly, a manufacturer that produces more than 3,720,000
11gallons of beer per year. If a class 2 brewer manufactures
12spirits, it shall also obtain and shall only be eligible for,
13in addition to any current license, a class 2 craft distiller
14license, shall not manufacture more than 100,000 gallons of
15spirits per year, and shall not be a member of or affiliated
16with, directly or indirectly, a manufacturer that produces
17more than 100,000 gallons of spirits per year. If a class 2
18craft distiller manufactures wine, it shall also obtain and
19shall only be eligible for, in addition to any current
20license, a second-class wine-maker's license, shall not
21manufacture more than 150,000 gallons of wine per year, and
22shall not be a member of or affiliated with, directly or
23indirectly, a manufacturer that produces more than 150,000
24gallons of wine a year. A class 2 brewer licensee may make
25sales and deliveries to importing distributors and
26distributors, but shall not make sales or deliveries to any

 

 

SB3733- 13 -LRB103 37759 RPS 67887 b

1other licensee. If the State Commission provides prior
2approval, a class 2 brewer licensee may annually transfer up
3to 3,720,000 gallons of beer manufactured by that class 2
4brewer licensee to the premises of a licensed class 2 brewer
5wholly owned and operated by the same licensee.
6    A class 2 brewer may transfer beer to a brew pub wholly
7owned and operated by the class 2 brewer subject to the
8following limitations and restrictions: (i) the transfer shall
9not annually exceed more than 31,000 gallons; (ii) the annual
10amount transferred shall reduce the brew pub's annual
11permitted production limit; (iii) all beer transferred shall
12be subject to Article VIII of this Act; (iv) a written record
13shall be maintained by the brewer and brew pub specifying the
14amount, date of delivery, and receipt of the product by the
15brew pub; and (v) the brew pub shall be located no farther than
1680 miles from the class 2 brewer's licensed location.
17    A class 2 brewer shall, prior to transferring beer to a
18brew pub wholly owned by the class 2 brewer, furnish a written
19notice to the State Commission of intent to transfer beer
20setting forth the name and address of the brew pub and shall
21annually submit to the State Commission a verified report
22identifying the total gallons of beer transferred to the brew
23pub wholly owned by the class 2 brewer.
24    Class 14. A class 3 brewer license, which may be issued to
25a brewer or a non-resident dealer, shall allow the manufacture
26of no more than 465,000 gallons of beer per year and no more

 

 

SB3733- 14 -LRB103 37759 RPS 67887 b

1than 155,000 gallons at a single brewery premises, and shall
2allow the sale of no more than 6,200 gallons of beer from each
3in-state or out-of-state class 3 brewery premises, or 18,600
4gallons in the aggregate, to retail licensees, class 1
5brewers, class 2 brewers, and class 3 brewers as long as the
6class 3 brewer licensee does not manufacture more than a
7combined 465,000 gallons of beer per year and is not a member
8of or affiliated with, directly or indirectly, a manufacturer
9that produces more than 465,000 gallons of beer per year to
10make sales to importing distributors, distributors, retail
11licensees, brewers, class 1 brewers, class 2 brewers, and
12class 3 brewers in accordance with the conditions set forth in
13paragraph (20) of subsection (a) of Section 3-12. If the State
14Commission provides prior approval, a class 3 brewer may
15annually transfer up to 155,000 gallons of beer manufactured
16by that class 3 brewer to the premises of a licensed class 3
17brewer wholly owned and operated by the same licensee. A class
183 brewer shall manufacture beer at the brewer's class 3
19designated licensed premises, and may sell beer as otherwise
20provided in this Act.
21    (a-1) A manufacturer which is licensed in this State to
22make sales or deliveries of alcoholic liquor to licensed
23distributors or importing distributors and which enlists
24agents, representatives, or individuals acting on its behalf
25who contact licensed retailers on a regular and continual
26basis in this State must register those agents,

 

 

SB3733- 15 -LRB103 37759 RPS 67887 b

1representatives, or persons acting on its behalf with the
2State 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
22alcoholic liquors to licensees in this State and to persons
23without the State, as may be permitted by law; (ii) the sale of
24beer, cider, mead, or any combination thereof to brewers,
25class 1 brewers, and class 2 brewers that, pursuant to
26subsection (e) of Section 6-4 of this Act, sell beer, cider,

 

 

SB3733- 16 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 17 -LRB103 37759 RPS 67887 b

1non-resident dealer's license.
2    (d) A retailer's license shall allow the licensee to sell
3and offer for sale at retail, only in the premises specified in
4the license, alcoholic liquor for use or consumption, but not
5for resale in any form. Except as provided in Section 6-16,
66-29, or 6-29.1, nothing in this Act shall deny, limit,
7remove, or restrict the ability of a holder of a retailer's
8license to transfer or ship alcoholic liquor to the purchaser
9for use or consumption subject to any applicable local law or
10ordinance. For the purposes of this Section, "shipping" means
11the movement of alcoholic liquor from a licensed retailer to a
12consumer via a common carrier. Except as provided in Section
136-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit,
14remove, or restrict the ability of a holder of a retailer's
15license to deliver alcoholic liquor to the purchaser for use
16or consumption. The delivery shall be made only within 12
17hours from the time the alcoholic liquor leaves the licensed
18premises of the retailer for delivery. For the purposes of
19this Section, "delivery" means the movement of alcoholic
20liquor purchased from a licensed retailer to a consumer
21through the following methods:
22        (1) delivery within licensed retailer's parking lot,
23    including curbside, for pickup by the consumer;
24        (2) delivery by an owner, officer, director,
25    shareholder, or employee of the licensed retailer; or
26        (3) delivery by a third-party contractor, independent

 

 

SB3733- 18 -LRB103 37759 RPS 67887 b

1    contractor, or agent with whom the licensed retailer has
2    contracted to make deliveries of alcoholic liquors.
3    Under subsection (1), (2), or (3), delivery shall not
4include the use of common carriers.
5    Any retail license issued to a manufacturer shall only
6permit the manufacturer to sell beer at retail on the premises
7actually occupied by the manufacturer. For the purpose of
8further describing the type of business conducted at a retail
9licensed premises, a retailer's licensee may be designated by
10the State Commission as (i) an on premise consumption
11retailer, (ii) an off premise sale retailer, or (iii) a
12combined on premise consumption and off premise sale retailer.
13    Except for a municipality with a population of more than
141,000,000 inhabitants, a home rule unit may not regulate the
15delivery of alcoholic liquor inconsistent with this
16subsection. This paragraph is a limitation under subsection
17(i) of Section 6 of Article VII of the Illinois Constitution on
18the concurrent exercise by home rule units of powers and
19functions exercised by the State. A non-home rule municipality
20may not regulate the delivery of alcoholic liquor inconsistent
21with this subsection.
22    Notwithstanding any other provision of this subsection
23(d), a retail licensee may sell alcoholic liquors to a special
24event retailer licensee for resale to the extent permitted
25under subsection (e).
26    (e) A special event retailer's license (not-for-profit)

 

 

SB3733- 19 -LRB103 37759 RPS 67887 b

1shall permit the licensee to purchase alcoholic liquors from
2an Illinois licensed distributor (unless the licensee
3purchases less than $500 of alcoholic liquors for the special
4event, in which case the licensee may purchase the alcoholic
5liquors from a licensed retailer) and shall allow the licensee
6to sell and offer for sale, at retail, alcoholic liquors for
7use or consumption, but not for resale in any form and only at
8the location and on the specific dates designated for the
9special event in the license. An applicant for a special event
10retailer license must (i) furnish with the application: (A) a
11resale number issued under Section 2c of the Retailers'
12Occupation Tax Act or evidence that the applicant is
13registered under Section 2a of the Retailers' Occupation Tax
14Act, (B) a current, valid exemption identification number
15issued under Section 1g of the Retailers' Occupation Tax Act,
16and a certification to the Commission that the purchase of
17alcoholic liquors will be a tax-exempt purchase, or (C) a
18statement that the applicant is not registered under Section
192a of the Retailers' Occupation Tax Act, does not hold a resale
20number under Section 2c of the Retailers' Occupation Tax Act,
21and does not hold an exemption number under Section 1g of the
22Retailers' Occupation Tax Act, in which event the Commission
23shall set forth on the special event retailer's license a
24statement to that effect; (ii) submit with the application
25proof satisfactory to the State Commission that the applicant
26will provide dram shop liability insurance in the maximum

 

 

SB3733- 20 -LRB103 37759 RPS 67887 b

1limits; and (iii) show proof satisfactory to the State
2Commission that the applicant has obtained local authority
3approval.
4    Nothing in this Act prohibits an Illinois licensed
5distributor from offering credit or a refund for unused,
6salable alcoholic liquors to a holder of a special event
7retailer's license or the special event retailer's licensee
8from accepting the credit or refund of alcoholic liquors at
9the conclusion of the event specified in the license.
10    (f) A railroad license shall permit the licensee to import
11alcoholic liquors into this State from any point in the United
12States outside this State and to store such alcoholic liquors
13in this State; to make wholesale purchases of alcoholic
14liquors directly from manufacturers, foreign importers,
15distributors and importing distributors from within or outside
16this State; and to store such alcoholic liquors in this State;
17provided that the above powers may be exercised only in
18connection with the importation, purchase or storage of
19alcoholic liquors to be sold or dispensed on a club, buffet,
20lounge or dining car operated on an electric, gas or steam
21railway in this State; and provided further, that railroad
22licensees exercising the above powers shall be subject to all
23provisions of Article VIII of this Act as applied to importing
24distributors. A railroad license shall also permit the
25licensee to sell or dispense alcoholic liquors on any club,
26buffet, lounge or dining car operated on an electric, gas or

 

 

SB3733- 21 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 22 -LRB103 37759 RPS 67887 b

1that concurrently holds a first-class wine-maker's license to
2sell and offer for sale at retail in the premises specified in
3such license not more than 50,000 gallons of the first-class
4wine-maker's wine that is made at the first-class wine-maker's
5licensed premises per year for use or consumption, but not for
6resale in any form. A wine-maker's premises license shall
7allow a licensee who concurrently holds a second-class
8wine-maker's license to sell and offer for sale at retail in
9the premises specified in such license up to 100,000 gallons
10of the second-class wine-maker's wine that is made at the
11second-class wine-maker's licensed premises per year for use
12or consumption but not for resale in any form. A first-class
13wine-maker that concurrently holds a class 1 brewer license or
14a class 1 craft distiller license shall not be eligible to hold
15a wine-maker's premises license. A wine-maker's premises
16license shall allow a licensee that concurrently holds a
17first-class wine-maker's license or a second-class
18wine-maker's license to sell and offer for sale at retail at
19the premises specified in the wine-maker's premises license,
20for use or consumption but not for resale in any form, any
21beer, wine, and spirits purchased from a licensed distributor.
22Upon approval from the State Commission, a wine-maker's
23premises license shall allow the licensee to sell and offer
24for sale at (i) the wine-maker's licensed premises and (ii) at
25up to 2 additional locations for use and consumption and not
26for resale. Each location shall require additional licensing

 

 

SB3733- 23 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 24 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 25 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 26 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 27 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 28 -LRB103 37759 RPS 67887 b

1simultaneously hold a brew pub license if the class 2 brewer
2(i) does not, under any circumstance, sell or offer for sale
3beer manufactured by the class 2 brewer to retail licensees;
4(ii) does not hold more than 3 brew pub licenses in this State;
5(iii) does not manufacture more than a combined 3,720,000
6gallons of beer per year, including the beer manufactured at
7the brew pub; and (iv) is not a member of or affiliated with,
8directly or indirectly, a manufacturer that produces more than
93,720,000 gallons of beer per year or any other alcoholic
10liquor.
11    Notwithstanding any other provision of this Act, a
12licensed brewer, class 2 brewer, or non-resident dealer who
13before July 1, 2015 manufactured less than 3,720,000 gallons
14of beer per year and held a brew pub license on or before July
151, 2015 may (i) continue to qualify for and hold that brew pub
16license for the licensed premises and (ii) manufacture more
17than 3,720,000 gallons of beer per year and continue to
18qualify for and hold that brew pub license if that brewer,
19class 2 brewer, or non-resident dealer does not simultaneously
20hold a class 1 brewer license and is not a member of or
21affiliated with, directly or indirectly, a manufacturer that
22produces more than 3,720,000 gallons of beer per year or that
23produces any other alcoholic liquor.
24    A brew pub licensee may apply for a class 3 brewer license
25and, upon meeting all applicable qualifications of this Act
26and relinquishing all commonly owned brew pub or retail

 

 

SB3733- 29 -LRB103 37759 RPS 67887 b

1licenses, shall be issued a class 3 brewer license. Nothing in
2this Act shall prohibit the issuance of a class 3 brewer
3license if the applicant:
4        (1) has a valid retail license on or before May 1,
5    2021;
6        (2) has an ownership interest in at least two brew
7    pubs licenses on or before May 1, 2021;
8        (3) the brew pub licensee applies for a class 3 brewer
9    license on or before October 1, 2022 and relinquishes all
10    commonly owned brew pub licenses; and
11        (4) relinquishes all commonly owned retail licenses on
12    or before December 31, 2022.
13    If a brew pub licensee is issued a class 3 brewer license,
14the class 3 brewer license shall expire on the same date as the
15existing brew pub license and the State Commission shall not
16require a class 3 brewer licensee to obtain a brewer license,
17or in the alternative to pay a fee for a brewer license, until
18the date the brew pub license of the applicant would have
19expired.
20    (o) A caterer retailer license shall allow the holder to
21serve alcoholic liquors as an incidental part of a food
22service that serves prepared meals which excludes the serving
23of snacks as the primary meal, either on or off-site whether
24licensed or unlicensed. A caterer retailer license shall allow
25the holder, a distributor, or an importing distributor to
26transfer any inventory to and from the holder's retail

 

 

SB3733- 30 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 31 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 32 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 33 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 34 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 35 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 36 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 37 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 38 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 39 -LRB103 37759 RPS 67887 b

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

 

 

SB3733- 40 -LRB103 37759 RPS 67887 b

1distiller to retail licensees; (ii) does not hold more than 3
2distilling pub licenses in this State; (iii) does not
3manufacture more than a combined 100,000 gallons of spirits
4per year, including the spirits manufactured at the distilling
5pub; and (iv) is not a member of or affiliated with, directly
6or indirectly, a manufacturer that produces more than 100,000
7gallons of spirits per year or any other alcoholic liquor.
8    (v) A craft distiller warehouse permit may be issued to
9the holder of a class 1 craft distiller or class 2 craft
10distiller license. The craft distiller warehouse permit shall
11allow the holder to store or warehouse up to 500,000 gallons of
12spirits manufactured by the holder of the permit at the
13premises specified on the permit. Sales to non-licensees are
14prohibited at the premises specified in the craft distiller
15warehouse permit.
16    (w) A beer showcase permit license shall allow an
17Illinois-licensed distributor to transfer a portion of its
18beer inventory from its licensed premises to the premises
19specified in the beer showcase permit license, and, in the
20case of a class 3 brewer to , transfer only beer the class 3
21brewer manufactures from its licensed premises to the premises
22specified in the beer showcase permit license; and to sell or
23offer for sale at retail, only in the premises specified in the
24beer showcase permit license, the transferred or delivered
25beer for on or off premise consumption, but not for resale in
26any form and to sell to non-licensees not more than 96 fluid

 

 

SB3733- 41 -LRB103 37759 RPS 67887 b

1ounces of beer per person. A beer showcase permit license may
2be granted for the following time periods: one day or less; or
32 or more days to a maximum of 15 days per location in any
412-month period. An applicant for a beer showcase permit
5license must also submit with the application proof
6satisfactory to the State Commission that the applicant will
7provide dram shop liability insurance to the maximum limits
8and have local authority approval. The State Commission shall
9require the beer showcase applicant to comply with Section
106-27.1.
11(Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19;
12101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff.
138-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22;
14102-442, eff. 8-20-21; 102-1142, eff. 2-17-23.)