Illinois General Assembly - Bill Status for HB0429

Amends the Liquor Control Act of 1934. Sets forth additional duties of the Illinois Liquor Control Commission concerning direct wine shipments. Provides for a direct wine shipper's license. Deletes provisions (i) permitting first-class and second-class wine-maker licensees to sell wine directly to retailers and (ii) prohibiting the issuance of more than one first-class or second-class wine-maker's license to any person, firm, partnership, corporation, or other legal entity. Changes the description of a second-class wine-maker's license to allow the manufacture of between 50,000 and 150,000 gallons of wine per year (now, 50,000 to 100,000 gallons). Provides that a wine-maker's premises license shall allow a licensee who concurrently holds a second-class wine-maker's license to sell and offer for sale at retail in the premises specified in such license up to 150,000 gallons (now, 100,000 gallons) of the second-class wine-maker's wine that is made at the second-class wine-maker's licensed premises per year for use or consumption, but not for resale in any form. Requires wine-maker premises licensees and limited wine manufacturer licensees to secure liquor liability insurance. Provides that a direct wine shipper licensee may ship, for personal use and not for resale, not more than 12 cases of wine per year to any resident of this State who is 21 years of age or older, such sale to be considered a sale in this State. Requires that a shipping container used in such shipment be clearly labeled with specific language, the label being designed or approved by the State Commission. Prohibits the shipment of any alcoholic beverage to any person in Illinois not licensed as a distributor, importing distributor, foreign importer, manufacturer, or non-resident dealer or not shipped pursuant to the provisions of this Act. Makes other changes. Effective July 1, 2007.

Replaces everything after the enacting clause. Reinserts the contents of the bill as introduced with the following changes. Provides that a person licensed to make wine under the laws of another state who has a winery shipper's license under the Liquor Control Act of 1934 and annually produces less than 25,000 gallons of wine or a person who has a first-class or second-class wine manufacturer's license, a first-class or second-class wine-maker's license, or a limited wine manufacturer's license under the Act and annually produces less than 25,000 gallons of wine may make application to the Liquor Control Commission for a self-distribution exemption to allow the sale of not more than 5,000 gallons of the exemption holder's wine to retail licensees per year. Sets forth the qualifications required for a self-distribution exemption. Replaces references to a direct wine shipper's license with a winery shipper's license. Provides that nothing in the Act shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to transfer, deliver, or ship alcoholic liquor to the purchaser for use or consumption subject to any applicable local law or ordinance. Provides that the paramount purpose of the Act is to continue to carefully limit direct shipment sales of wine produced by wine manufacturers (instead of only wine) and to continue to prohibit such direct shipment sales for spirits and beer. Makes other changes. Adds a severability clause. Deletes the effective date of July 1, 2007.

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