Illinois General Assembly - Bill Status for SB2989

Amends the Liquor Control Act of 1934. In provisions concerning the delivery of alcoholic liquor by certain entities, requires the use of scan technology at the time of delivery to verify the identification of a person who is at least 21 years of age. Provides that the failure to use scan technology and obtain the signature of a person who is at least 21 years of age is a Class A misdemeanor. Defines "scan technology". Provides that for the purposes of the Act, the United States Postal Service and any company that uses technology to facilitate the delivery of alcoholic liquor from licensed retail premises to consumers shall be considered a common carrier. Requires common carriers to carry and maintain liquor liability insurance. Provides that a winery shipper license holder may only ship wine it produces from its licensed wine manufacturer premises wherein the wine manufacturer is licensed to engage in the manufacture of the wine. Requires certain entities that transport alcoholic liquor out of the State for delivery into another state to comply with certain reporting provisions and increases the penalty for the failure to comply with those provisions. Provides that any person who both has received an initial cease and desist letter from the State Commission and for compensation ships alcoholic liquor into this State without a license shall be guilty of a Class 4 felony. Prohibits and establishes criminal penalties for the transportation of more than a certain amount of beer, wine, or spirits into the State without a license or for transporting beer, wine, or spirits into the State for sale or resale without a license. Increases other penalties. Makes other changes. Effective immediately.

Replaces everything after the enacting clause. Amends the Liquor Control Act of 1934. Provides that the application form for a winery shipper's license shall include all addresses from which the applicant for a winery shipper's license intends to ship wine, including the name and address of any third-party authorized to ship wine on behalf of certain manufacturers of wine. Requires a winery shipper's licensee to include certain acknowledgements and disclosures in its application. Provides that a third-party provider shipping wine on behalf of a winery shipper's license holder is the agent of the winery shipper's license holder. Requires certain third-party providers to file with the Illinois Liquor Control Commission a statement detailing each shipment made to an Illinois resident. Requires the State Commission to adopt rules to implement the requirements of the amendatory Act and to adopt rules prohibiting the third-party appointment of a third-party provider that has been deemed by the State Commission to have violated the provisions of the Act with regard to any winery shipper licensee. Increases the penalty for an express company, common carrier, or contract carrier that delivers alcoholic liquor without first obtaining a signature at the time of delivery by an adult who is at least 21 years of age. Provides that any person who both has received an initial cease and desist letter from the State Commission and for compensation ships alcoholic liquor into this State without a license shall be guilty of a Class 4 felony. Prohibits and establishes criminal penalties for the manufacture, importation for distribution, distribution, sale, or transportation of more than a certain amount of beer, wine, or spirits into the State without a license or for transporting beer, wine, or spirits into the State for sale or resale without a license. Makes other changes. Effective January 1, 2017.

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Removes provisions increasing the penalties and establishing vicarious liability for an express company, common carrier, or contract carrier who delivers alcoholic liquor without first obtaining a signature at the time of delivery by an adult who is at least 21 years of age. In provisions concerning winery shipper's licensees, excludes common carriers from certain requirements related to third-party providers. In a provision prohibiting the manufacture, importation for distribution, distribution, sale, or transportation of more than a certain amount of beer, wine, or spirits into the State, establishes penalties for a person who was licensed under the Act and whose license expired within 30 days before he or she violated the prohibition. Further amends the Liquor Control Act of 1934. Increases the fees for certain licenses and establishes different fees for licenses that are renewed online. Provides that on and after June 30, 2016, one-half of the funds received for a retailer's license shall be paid into the Dram Shop Fund and one-half of the funds received for a retailer's license shall be paid into the General Revenue Fund. Effective January 1, 2017, except that certain provisions concerning licensure fees are effective immediately.

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