Rep. Lou Lang

Filed: 5/11/2016

 

 


 

 


 
09900SB3095ham001LRB099 20651 RPS 48420 a

1
AMENDMENT TO SENATE BILL 3095

2    AMENDMENT NO. ______. Amend Senate Bill 3095 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 5-1 as follows:
 
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 6.
12First Class Winemaker, Class 7. Second Class Winemaker, Class
138. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
1410. Class 1 Brewer, Class 11. Class 2 Brewer,
15    (b) Distributor's license,
16    (c) Importing Distributor's license,

 

 

09900SB3095ham001- 2 -LRB099 20651 RPS 48420 a

1    (d) Retailer's license,
2    (e) Special Event Retailer's license (not-for-profit),
3    (f) Railroad license,
4    (g) Boat license,
5    (h) Non-Beverage User's license,
6    (i) Wine-maker's premises license,
7    (j) Airplane license,
8    (k) Foreign importer's license,
9    (l) Broker's license,
10    (m) Non-resident dealer's license,
11    (n) Brew Pub license,
12    (o) Auction liquor license,
13    (p) Caterer retailer license,
14    (q) Special use permit license,
15    (r) Winery shipper's license.
16    No person, firm, partnership, corporation, or other legal
17business entity that is engaged in the manufacturing of wine
18may concurrently obtain and hold a wine-maker's license and a
19wine manufacturer's license.
20    (a) A manufacturer's license shall allow the manufacture,
21importation in bulk, storage, distribution and sale of
22alcoholic liquor to persons without the State, as may be
23permitted by law and to licensees in this State as follows:
24    Class 1. A Distiller may make sales and deliveries of
25alcoholic liquor to distillers, rectifiers, importing
26distributors, distributors and non-beverage users and to no

 

 

09900SB3095ham001- 3 -LRB099 20651 RPS 48420 a

1other licensees.
2    Class 2. A Rectifier, who is not a distiller, as defined
3herein, may make sales and deliveries of alcoholic liquor to
4rectifiers, importing distributors, distributors, retailers
5and non-beverage users and to no other licensees.
6    Class 3. A Brewer may make sales and deliveries of beer to
7importing distributors and distributors and may make sales as
8authorized under subsection (e) of Section 6-4 of this Act.
9    Class 4. A first class wine-manufacturer may make sales and
10deliveries of up to 50,000 gallons of wine to manufacturers,
11importing distributors and distributors, and to no other
12licensees.
13    Class 5. A second class Wine manufacturer may make sales
14and deliveries of more than 50,000 gallons of wine to
15manufacturers, importing distributors and distributors and to
16no other licensees.
17    Class 6. A first-class wine-maker's license shall allow the
18manufacture of up to 50,000 gallons of wine per year, and the
19storage and sale of such wine to distributors in the State and
20to persons without the State, as may be permitted by law. A
21person who, prior to June 1, 2008 (the effective date of Public
22Act 95-634) this amendatory Act of the 95th General Assembly,
23is a holder of a first-class wine-maker's license and annually
24produces more than 25,000 gallons of its own wine and who
25distributes its wine to licensed retailers shall cease this
26practice on or before July 1, 2008 in compliance with Public

 

 

09900SB3095ham001- 4 -LRB099 20651 RPS 48420 a

1Act 95-634 this amendatory Act of the 95th General Assembly.
2    Class 7. A second-class wine-maker's license shall allow
3the manufacture of between 50,000 and 150,000 gallons of wine
4per year, and the storage and sale of such wine to distributors
5in this State and to persons without the State, as may be
6permitted by law. A person who, prior to June 1, 2008 (the
7effective date of Public Act 95-634) this amendatory Act of the
895th General Assembly, is a holder of a second-class
9wine-maker's license and annually produces more than 25,000
10gallons of its own wine and who distributes its wine to
11licensed retailers shall cease this practice on or before July
121, 2008 in compliance with Public Act 95-634 this amendatory
13Act of the 95th General Assembly.
14    Class 8. A limited wine-manufacturer may make sales and
15deliveries not to exceed 40,000 gallons of wine per year to
16distributors, and to non-licensees in accordance with the
17provisions of this Act.
18    Class 9. A craft distiller license shall allow the
19manufacture of up to 30,000 gallons of spirits by distillation
20for one year after March 1, 2013 (the effective date of Public
21Act 97-1166) this amendatory Act of the 97th General Assembly
22and up to 35,000 gallons of spirits by distillation per year
23thereafter and the storage of such spirits. If a craft
24distiller licensee is not affiliated with any other
25manufacturer, then the craft distiller licensee may sell such
26spirits to distributors in this State and up to 2,500 gallons

 

 

09900SB3095ham001- 5 -LRB099 20651 RPS 48420 a

1of such spirits to non-licensees to the extent permitted by any
2exemption approved by the Commission pursuant to Section 6-4 of
3this Act.
4    Any craft distiller licensed under this Act who on July 28,
52010 (the effective date of Public Act 96-1367) this amendatory
6Act of the 96th General Assembly was licensed as a distiller
7and manufactured no more spirits than permitted by this Section
8shall not be required to pay the initial licensing fee.
9    Class 10. A class 1 brewer license, which may only be
10issued to a licensed brewer or licensed non-resident dealer,
11shall allow the manufacture of up to 930,000 gallons of beer
12per year provided that the class 1 brewer licensee does not
13manufacture more than a combined 930,000 gallons of beer per
14year and is not a member of or affiliated with, directly or
15indirectly, a manufacturer that produces more than 930,000
16gallons of beer per year or any other alcoholic liquor. A class
171 brewer licensee may make sales and deliveries to importing
18distributors and distributors and to retail licensees in
19accordance with the conditions set forth in paragraph (18) of
20subsection (a) of Section 3-12 of this Act.
21    Class 11. A class 2 brewer license, which may only be
22issued to a licensed brewer or licensed non-resident dealer,
23shall allow the manufacture of up to 3,720,000 gallons of beer
24per year provided that the class 2 brewer licensee does not
25manufacture more than a combined 3,720,000 gallons of beer per
26year and is not a member of or affiliated with, directly or

 

 

09900SB3095ham001- 6 -LRB099 20651 RPS 48420 a

1indirectly, a manufacturer that produces more than 3,720,000
2gallons of beer per year or any other alcoholic liquor. A class
32 brewer licensee may make sales and deliveries to importing
4distributors and distributors, but shall not make sales or
5deliveries to any other licensee. If the State Commission
6provides prior approval, a class 2 brewer licensee may annually
7transfer up to 3,720,000 gallons of beer manufactured by that
8class 2 brewer licensee to the premises of a licensed class 2
9brewer wholly owned and operated by the same licensee.
10    (a-1) A manufacturer which is licensed in this State to
11make sales or deliveries of alcoholic liquor to licensed
12distributors or importing distributors and which enlists
13agents, representatives, or individuals acting on its behalf
14who contact licensed retailers on a regular and continual basis
15in this State must register those agents, representatives, or
16persons acting on its behalf with the State Commission.
17    Registration of agents, representatives, or persons acting
18on behalf of a manufacturer is fulfilled by submitting a form
19to the Commission. The form shall be developed by the
20Commission and shall include the name and address of the
21applicant, the name and address of the manufacturer he or she
22represents, the territory or areas assigned to sell to or
23discuss pricing terms of alcoholic liquor, and any other
24questions deemed appropriate and necessary. All statements in
25the forms required to be made by law or by rule shall be deemed
26material, and any person who knowingly misstates any material

 

 

09900SB3095ham001- 7 -LRB099 20651 RPS 48420 a

1fact under oath in an application is guilty of a Class B
2misdemeanor. Fraud, misrepresentation, false statements,
3misleading statements, evasions, or suppression of material
4facts in the securing of a registration are grounds for
5suspension or revocation of the registration. The State
6Commission shall post a list of registered agents on the
7Commission's website.
8    (b) A distributor's license shall allow the wholesale
9purchase and storage of alcoholic liquors and sale of alcoholic
10liquors to licensees in this State and to persons without the
11State, as may be permitted by law. No person licensed as a
12distributor shall be granted a non-resident dealer's license.
13    (c) An importing distributor's license may be issued to and
14held by those only who are duly licensed distributors, upon the
15filing of an application by a duly licensed distributor, with
16the Commission and the Commission shall, without the payment of
17any fee, immediately issue such importing distributor's
18license to the applicant, which shall allow the importation of
19alcoholic liquor by the licensee into this State from any point
20in the United States outside this State, and the purchase of
21alcoholic liquor in barrels, casks or other bulk containers and
22the bottling of such alcoholic liquors before resale thereof,
23but all bottles or containers so filled shall be sealed,
24labeled, stamped and otherwise made to comply with all
25provisions, rules and regulations governing manufacturers in
26the preparation and bottling of alcoholic liquors. The

 

 

09900SB3095ham001- 8 -LRB099 20651 RPS 48420 a

1importing distributor's license shall permit such licensee to
2purchase alcoholic liquor from Illinois licensed non-resident
3dealers and foreign importers only. No person licensed as an
4importing distributor shall be granted a non-resident dealer's
5license.
6    (d) A retailer's license shall allow the licensee to sell
7and offer for sale at retail, only in the premises specified in
8the license, alcoholic liquor for use or consumption, but not
9for resale in any form. Nothing in Public Act 95-634 this
10amendatory Act of the 95th General Assembly shall deny, limit,
11remove, or restrict the ability of a holder of a retailer's
12license to transfer, deliver, or ship alcoholic liquor to the
13purchaser for use or consumption subject to any applicable
14local law or ordinance. Any retail license issued to a
15manufacturer shall only permit the manufacturer to sell beer at
16retail on the premises actually occupied by the manufacturer.
17For the purpose of further describing the type of business
18conducted at a retail licensed premises, a retailer's licensee
19may be designated by the State Commission as (i) an on premise
20consumption retailer, (ii) an off premise sale retailer, or
21(iii) a combined on premise consumption and off premise sale
22retailer.
23    Notwithstanding any other provision of this subsection
24(d), a retail licensee may sell alcoholic liquors to a special
25event retailer licensee for resale to the extent permitted
26under subsection (e).

 

 

09900SB3095ham001- 9 -LRB099 20651 RPS 48420 a

1    (e) A special event retailer's license (not-for-profit)
2shall permit the licensee to purchase alcoholic liquors from an
3Illinois licensed distributor (unless the licensee purchases
4less than $500 of alcoholic liquors for the special event, in
5which case the licensee may purchase the alcoholic liquors from
6a licensed retailer) and shall allow the licensee to sell and
7offer for sale, at retail, alcoholic liquors for use or
8consumption, but not for resale in any form and only at the
9location and on the specific dates designated for the special
10event in the license. An applicant for a special event retailer
11license must (i) furnish with the application: (A) a resale
12number issued under Section 2c of the Retailers' Occupation Tax
13Act or evidence that the applicant is registered under Section
142a of the Retailers' Occupation Tax Act, (B) a current, valid
15exemption identification number issued under Section 1g of the
16Retailers' Occupation Tax Act, and a certification to the
17Commission that the purchase of alcoholic liquors will be a
18tax-exempt purchase, or (C) a statement that the applicant is
19not registered under Section 2a of the Retailers' Occupation
20Tax Act, does not hold a resale number under Section 2c of the
21Retailers' Occupation Tax Act, and does not hold an exemption
22number under Section 1g of the Retailers' Occupation Tax Act,
23in which event the Commission shall set forth on the special
24event retailer's license a statement to that effect; (ii)
25submit with the application proof satisfactory to the State
26Commission that the applicant will provide dram shop liability

 

 

09900SB3095ham001- 10 -LRB099 20651 RPS 48420 a

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

 

 

09900SB3095ham001- 11 -LRB099 20651 RPS 48420 a

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

 

 

09900SB3095ham001- 12 -LRB099 20651 RPS 48420 a

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

 

 

09900SB3095ham001- 13 -LRB099 20651 RPS 48420 a

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

 

 

09900SB3095ham001- 14 -LRB099 20651 RPS 48420 a

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

 

 

09900SB3095ham001- 15 -LRB099 20651 RPS 48420 a

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

 

 

09900SB3095ham001- 16 -LRB099 20651 RPS 48420 a

1provided that (i) said non-resident dealer shall register with
2the Illinois Liquor Control Commission each and every brand of
3alcoholic liquor which it proposes to sell to Illinois
4licensees during the license period, (ii) it shall comply with
5all of the provisions of Section 6-9 hereof with respect to
6registration of such Illinois licensees as may be granted the
7right to sell such brands at wholesale, and (iii) the
8non-resident dealer shall comply with the provisions of
9Sections 6-5 and 6-6 of this Act to the same extent that these
10provisions apply to manufacturers. No person licensed as a
11non-resident dealer shall be granted a distributor's or
12importing distributor's license.
13    (n) A brew pub license shall allow the licensee to only (i)
14manufacture up to 155,000 gallons of beer per year only on the
15premises specified in the license, (ii) make sales of the beer
16manufactured on the premises or, with the approval of the
17Commission, beer manufactured on another brew pub licensed
18premises that is wholly owned and operated by the same licensee
19to importing distributors, distributors, and to non-licensees
20for use and consumption, (iii) store the beer upon the
21premises, (iv) sell and offer for sale at retail from the
22licensed premises for off-premises consumption no more than
23155,000 gallons per year so long as such sales are only made
24in-person, (v) sell and offer for sale at retail for use and
25consumption on the premises specified in the license any form
26of alcoholic liquor purchased from a licensed distributor or

 

 

09900SB3095ham001- 17 -LRB099 20651 RPS 48420 a

1importing distributor, and (vi) with the prior approval of the
2Commission, annually transfer no more than 155,000 gallons of
3beer manufactured on the premises to a licensed brew pub wholly
4owned and operated by the same licensee.
5    A brew pub licensee shall not under any circumstance sell
6or offer for sale beer manufactured by the brew pub licensee to
7retail licensees.
8    A person who holds a class 2 brewer license may
9simultaneously hold a brew pub license if the class 2 brewer
10(i) does not, under any circumstance, sell or offer for sale
11beer manufactured by the class 2 brewer to retail licensees;
12(ii) does not hold more than 3 brew pub licenses in this State;
13(iii) does not manufacture more than a combined 3,720,000
14gallons of beer per year, including the beer manufactured at
15the brew pub; and (iv) is not a member of or affiliated with,
16directly or indirectly, a manufacturer that produces more than
173,720,000 gallons of beer per year or any other alcoholic
18liquor.
19    Notwithstanding any other provision of this Act, a licensed
20brewer, class 2 brewer, or non-resident dealer who before July
211, 2015 manufactured less than than 3,720,000 gallons of beer
22per year and held a brew pub license on or before July 1, 2015
23may (i) continue to qualify for and hold that brew pub license
24for the licensed premises and (ii) manufacture more than
253,720,000 gallons of beer per year and continue to qualify for
26and hold that brew pub license if that brewer, class 2 brewer,

 

 

09900SB3095ham001- 18 -LRB099 20651 RPS 48420 a

1or non-resident dealer does not simultaneously hold a class 1
2brewer license and is not a member of or affiliated with,
3directly or indirectly, a manufacturer that produces more than
43,720,000 gallons of beer per year or that produces any other
5alcoholic liquor.
6    (o) A caterer retailer license shall allow the holder to
7serve alcoholic liquors as an incidental part of a food service
8that serves prepared meals which excludes the serving of snacks
9as the primary meal, either on or off-site whether licensed or
10unlicensed.
11    (p) An auction liquor license shall allow the licensee to
12sell and offer for sale at auction wine and spirits for use or
13consumption, or for resale by an Illinois liquor licensee in
14accordance with provisions of this Act. An auction liquor
15license will be issued to a person and it will permit the
16auction liquor licensee to hold the auction anywhere in the
17State. An auction liquor license must be obtained for each
18auction at least 14 days in advance of the auction date.
19    (q) A special use permit license shall allow an Illinois
20licensed retailer to transfer a portion of its alcoholic liquor
21inventory from its retail licensed premises to the premises
22specified in the license hereby created, and to sell or offer
23for sale at retail, only in the premises specified in the
24license hereby created, the transferred alcoholic liquor for
25use or consumption, but not for resale in any form. A special
26use permit license may be granted for the following time

 

 

09900SB3095ham001- 19 -LRB099 20651 RPS 48420 a

1periods: one day or less; 2 or more days to a maximum of 15 days
2per location in any 12 month period. An applicant for the
3special use permit license must also submit with the
4application proof satisfactory to the State Commission that the
5applicant will provide dram shop liability insurance to the
6maximum limits and have local authority approval.
7    (r) A winery shipper's license shall allow a person with a
8first-class or second-class wine manufacturer's license, a
9first-class or second-class wine-maker's license, or a limited
10wine manufacturer's license or who is licensed to make wine
11under the laws of another state to ship wine made by that
12licensee directly to a resident of this State who is 21 years
13of age or older for that resident's personal use and not for
14resale. Prior to receiving a winery shipper's license, an
15applicant for the license must provide the Commission with a
16true copy of its current license in any state in which it is
17licensed as a manufacturer of wine. An applicant for a winery
18shipper's license must also complete an application form that
19provides any other information the Commission deems necessary.
20The application form shall include an acknowledgement
21consenting to the jurisdiction of the Commission, the Illinois
22Department of Revenue, and the courts of this State concerning
23the enforcement of this Act and any related laws, rules, and
24regulations, including authorizing the Department of Revenue
25and the Commission to conduct audits for the purpose of
26ensuring compliance with Public Act 95-634 this amendatory Act.

 

 

09900SB3095ham001- 20 -LRB099 20651 RPS 48420 a

1    A winery shipper licensee must pay to the Department of
2Revenue the State liquor gallonage tax under Section 8-1 for
3all wine that is sold by the licensee and shipped to a person
4in this State. For the purposes of Section 8-1, a winery
5shipper licensee shall be taxed in the same manner as a
6manufacturer of wine. A licensee who is not otherwise required
7to register under the Retailers' Occupation Tax Act must
8register under the Use Tax Act to collect and remit use tax to
9the Department of Revenue for all gallons of wine that are sold
10by the licensee and shipped to persons in this State. If a
11licensee fails to remit the tax imposed under this Act in
12accordance with the provisions of Article VIII of this Act, the
13winery shipper's license shall be revoked in accordance with
14the provisions of Article VII of this Act. If a licensee fails
15to properly register and remit tax under the Use Tax Act or the
16Retailers' Occupation Tax Act for all wine that is sold by the
17winery shipper and shipped to persons in this State, the winery
18shipper's license shall be revoked in accordance with the
19provisions of Article VII of this Act.
20    A winery shipper licensee must collect, maintain, and
21submit to the Commission on a semi-annual basis the total
22number of cases per resident of wine shipped to residents of
23this State. A winery shipper licensed under this subsection (r)
24must comply with the requirements of Section 6-29 of this
25amendatory Act.
26    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of

 

 

09900SB3095ham001- 21 -LRB099 20651 RPS 48420 a

1Section 3-12, the State Commission may receive, respond to, and
2investigate any complaint and impose any of the remedies
3specified in paragraph (1) of subsection (a) of Section 3-12.
4(Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13;
598-756, eff. 7-16-14; 99-448, eff. 8-24-15; revised 10-27-15.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".