Rep. Keith Farnham

Filed: 4/11/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 630

2    AMENDMENT NO. ______. Amend House Bill 630 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 5-3 and by adding Sections 1-3.39 and 6-36 as
6follows:
 
7    (235 ILCS 5/1-3.39 new)
8    Sec. 1-3.39. Homemade brewed beverage. "Homemade brewed
9beverage" means beer or any other beverage obtained by the
10alcoholic fermentation of an infusion or concoction of grains,
11sugars, or both in water and includes, but is not limited to,
12beer, mead, and cider made by a person 21 years of age or
13older, through his or her own efforts, fermented at his or her
14place of residence, fermented at another place of residence of
15a homemade brewed beverage brewer, or fermented at a premises
16of a commercial enterprise that is engaged primarily in selling

 

 

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1supplies and equipment for use by home brewers and not for a
2commercial purpose but for consumption by that person or his or
3her family, neighbors, guests, and friends or for use at an
4exhibition, demonstration, judging, tasting, or sampling with
5sampling sizes as authorized by Section 6-31 of this Act or as
6part of a contest or competition authorized by Section 6-36 of
7this Act.
 
8    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
9    Sec. 5-3. License fees. Except as otherwise provided
10herein, at the time application is made to the State Commission
11for a license of any class, the applicant shall pay to the
12State Commission the fee hereinafter provided for the kind of
13license applied for.
14    The fee for licenses issued by the State Commission shall
15be as follows:
16    For a manufacturer's license:
17    Class 1. Distiller .............................$3,600
18    Class 2. Rectifier .............................3,600
19    Class 3. Brewer ................................900
20    Class 4. First-class Wine Manufacturer .........600
21    Class 5. Second-class
22        Wine Manufacturer ..........................1,200
23    Class 6. First-class wine-maker ................600
24    Class 7. Second-class wine-maker ...............1200
25    Class 8. Limited Wine Manufacturer..............120

 

 

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1    Class 9. Craft Distiller........................ 1,800
2    Class 10. Craft Brewer..........................25
3    For a Brew Pub License .........................1,050
4    For a caterer retailer's license................200
5    For a foreign importer's license ...............25
6    For an importing distributor's license .........25
7    For a distributor's license ....................270
8    For a non-resident dealer's license
9        (500,000 gallons or over) ..................270
10    For a non-resident dealer's license
11        (under 500,000 gallons) ....................90
12    For a wine-maker's premises license ............100
13    For a winery shipper's license
14        (under 250,000 gallons).....................150
15    For a winery shipper's license
16        (250,000 or over, but under 500,000 gallons).500
17    For a winery shipper's license
18        (500,000 gallons or over)...................1,000
19    For a wine-maker's premises license,
20        second location ............................350
21    For a wine-maker's premises license,
22        third location .............................350
23    For a retailer's license .......................500
24    For a special event retailer's license,
25        (not-for-profit) ...........................25
26    For a special use permit license,

 

 

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1        one day only ...............................50
2        2 days or more .............................100
3    For a railroad license .........................60
4    For a boat license .............................180
5    For an airplane license, times the
6        licensee's maximum number of aircraft
7        in flight, serving liquor over the
8        State at any given time, which either
9        originate, terminate, or make
10        an intermediate stop in the State ..........60
11    For a non-beverage user's license:
12        Class 1 ....................................24
13        Class 2 ....................................60
14        Class 3 ....................................120
15        Class 4 ....................................240
16        Class 5 ....................................600
17    For a broker's license .........................600
18    For an auction liquor license ..................50
19    For a homebrewer special event permit........... 25
20    Fees collected under this Section shall be paid into the
21Dram Shop Fund. On and after July 1, 2003, of the funds
22received for a retailer's license, in addition to the first
23$175, an additional $75 shall be paid into the Dram Shop Fund,
24and $250 shall be paid into the General Revenue Fund. Beginning
25June 30, 1990 and on June 30 of each subsequent year through
26June 29, 2003, any balance over $5,000,000 remaining in the

 

 

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1Dram Shop Fund shall be credited to State liquor licensees and
2applied against their fees for State liquor licenses for the
3following year. The amount credited to each licensee shall be a
4proportion of the balance in the Dram Fund that is the same as
5the proportion of the license fee paid by the licensee under
6this Section for the period in which the balance was
7accumulated to the aggregate fees paid by all licensees during
8that period.
9    No fee shall be paid for licenses issued by the State
10Commission to the following non-beverage users:
11        (a) Hospitals, sanitariums, or clinics when their use
12    of alcoholic liquor is exclusively medicinal, mechanical
13    or scientific.
14        (b) Universities, colleges of learning or schools when
15    their use of alcoholic liquor is exclusively medicinal,
16    mechanical or scientific.
17        (c) Laboratories when their use is exclusively for the
18    purpose of scientific research.
19(Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11.)
 
20    (235 ILCS 5/6-36 new)
21    Sec. 6-36. Homemade brewed beverages.
22    (a) No license or permit is required under this Act for the
23making of homemade brewed beverages or for the possession,
24transportation, or storage of homemade brewed beverages by any
25person 21 years of age or older, if all of the following apply:

 

 

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1        (1) the person who makes the homemade brewed beverages
2    receives no compensation;
3        (2) the homemade brewed beverages is not sold or
4    offered for sale; and
5        (3) the total quantity of homemade brewed beverages
6    made, in a calendar year, by the person does not exceed 100
7    gallons if the household has only one person 21 years of
8    age or older or 200 gallons if the household has 2 or more
9    persons 21 years of age or older.
10    (b) A person who makes, possesses, transports, or stores
11homemade brewed beverages in compliance with the limitations
12specified in subsection (a) is not a brewer, craft brewer,
13wholesaler, retailer, or a manufacturer of beer for the
14purposes of this Act.
15    (c) Homemade brewed beverages made in compliance with the
16limitations specified in subsection (a) may be consumed by the
17person who made it and his or her family, neighbors, and
18friends at any private residence or other private location
19where the possession and consumption of alcohol is permissible
20under this Act, local ordinances, and other applicable law,
21provided that the homemade brewed beverages are not made
22available for consumption by the general public.
23    (d) Homemade brewed beverages made in compliance with the
24limitations specified in subsection (a) may be used for
25purposes of a public exhibition, demonstration, tasting, or
26sampling with sampling sizes as authorized by Section 6-31, if

 

 

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1the event is held at a private residence or at a location other
2than a retail licensed premises. If the public event is not
3held at a private residence, the event organizer shall obtain a
4homebrewer special event permit for each location, and is
5subject to the provisions in subsection (a) of Section 6-21.
6Homemade brewed beverages used for purposes described in this
7subsection (d), including the submission or consumption of the
8homemade brewed beverages, are not considered sold or offered
9for sale under this Act. A public exhibition, demonstration,
10tasting, or sampling with sampling sizes as authorized by
11Section 6-31 held by a licensee on a location other than a
12retail licensed premises may require an admission charge to the
13event, but no separate or additional fee may be charged for the
14consumption of a person's homemade brewed beverages at the
15public exhibition, demonstration, tasting, or sampling with
16sampling sizes as authorized by Section 6-31. Event admission
17charges that are collected may be partially used to provide
18prizes to makers of homemade brewed beverages, but the
19admission charges may not be divided in any fashion among the
20makers of the homemade brewed beverages who participate in the
21event. Homemade brewed beverages used for purposes described in
22this subsection (d) are not considered sold or offered for sale
23under this Act if a maker of homemade brewed beverages receives
24free event admission or discounted event admission in return
25for the maker's donation of the homemade brewed beverages to an
26event specified in this subsection (d) that collects event

 

 

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1admission charges; free admission or discounted admission to
2the event is not considered compensation under this Act. No
3admission fee and no charge for the consumption of a person's
4homemade brewed beverage may be collected if the public
5exhibition, demonstration, tasting, sampling with sampling
6sizes as authorized by Section 6-31 is held at a private
7residence.
8    (e) A person who is not a licensee under this Act may at a
9private residence, and a person who is a licensee under this
10Act may on the licensed premises, conduct, sponsor, or host a
11contest, competition, or other event for the exhibition,
12demonstration, judging, tasting, or sampling of homemade
13brewed beverages made in compliance with the limitations
14specified in subsection (a), if the person does not sell the
15homemade brewed beverages and, unless the person is the brewer
16of the homemade brewed beverages, does not acquire any
17ownership interest in the homemade brewed beverages. If the
18contest, competition, exhibition, demonstration, or judging is
19not held at a private residence, the consumption of the
20homemade brewed beverages is limited to qualified judges and
21stewards as defined by a national or international beer judging
22program, who are identified by the event organizer in advance
23of the contest, competition, exhibition, demonstration, or
24judging. Homemade brewed beverages used for the purposes
25described in this subsection (e), including the submission or
26consumption of the homemade brewed beverages, are not

 

 

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1considered sold or offered for sale under this Act and any
2prize awarded at a contest or competition or as a result of an
3exhibition, demonstration, or judging is not considered
4compensation under this Act. An exhibition, demonstration,
5judging, contest, or competition held by a licensee on a
6licensed premises may require an admission charge to the event,
7but no separate or additional fee may be charged for the
8consumption of a person's homemade brewed beverage at the
9exhibition, demonstration, judging or, contest, or
10competition. A portion of event admission charges that are
11collected may be used to provide prizes to makers of homemade
12brewed beverages, but the admission charges may not be divided
13in any fashion among the makers of the homemade brewed
14beverages who participate in the event. Homemade brewed
15beverages used for purposes described in this subsection (e)
16are not considered sold or offered for sale under this Act if a
17maker of homemade brewed beverages receives free event
18admission or discounted event admission in return for the
19maker's donation of the homemade brewed beverages to an event
20specified in this subsection (e) that collects event admission
21charges; free admission or discounted admission to the event is
22not considered compensation under this Act. No admission fee
23and no charge for the consumption of a person's homemade brewed
24beverage may be charged if the exhibition, demonstration,
25judging, contest, or competition is held at a private
26residence. The fact that a person is acting in a manner

 

 

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1authorized by this Section is not, by itself, sufficient to
2constitute a public nuisance under Section 10-7 of this Act. If
3the contest, competition, or other event is held on licensed
4premises, the licensee may allow the homemade brewed beverages
5to be stored on the premises if the homemade brewed beverages
6are clearly identified, kept separate from any alcohol
7beverages owned by the licensee. If the contest, competition,
8or other event is held on licensed premises, other provisions
9of this Act not inconsistent with this Section apply.
10    (f) A commercial enterprise engaged primarily in selling
11supplies and equipment to the public for use by homebrewers may
12manufacture homemade brewed beverages for the purpose of
13tasting the homemade brewed beverages at the location of the
14commercial enterprise, provided that the homemade brewed
15beverages are not sold or offered for sale. Homemade brewed
16beverages provided at a commercial enterprise for tasting under
17this subsection (f) shall be in compliance with Sections 6-16,
186-21, and 6-31 of this Act. A commercial enterprise engaged
19solely in selling supplies and equipment for use by homebrewers
20shall not be required to secure a license under this Act,
21however, such commercial enterprise shall secure liquor
22liability insurance coverage in an amount at least equal to the
23maximum liability amounts set forth in subsection (a) of
24Section 6-21 of this Act.
25    (g) Homemade brewed beverages are not subject to Section
268-1 of this Act.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".