Illinois General Assembly - Full Text of HB3495
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3495  102nd General Assembly

HB3495 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3495

 

Introduced 2/22/2021, by Rep. William Davis, Katie Stuart and Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Liquor Control Act of 1934. Adds provisions concerning: first class wine-manufacturers, first-class wine-makers, and second-class wine-makers that manufacture beer or spirits; class 1 craft distillers and class 2 craft distillers that manufacture wine or beer; and class 1 brewers and class 2 brewers that manufacture wine or spirits. Prohibits self-distribution exemption holders from being affiliated with a group that produces certain quantities of beer, wine, or spirits (instead of any other alcoholic liquor). Creates the brewery shipper's license and the distillery shipper's license to allow certain licensees to ship beer or spirits. Contains provisions concerning licensing fees; application for a license; recordkeeping; and taxation. Limits home rule powers to regulate the delivery of alcoholic liquor. Removes language providing that any retail license issued to a manufacturer shall only permit the manufacturer to sell beer at retail on the premises actually occupied by the manufacturer. Provides that a brew pub licensee may sell no more than 6,200 gallons of beer per year to retail licensees within a 10-mile radius of the licensed premises if the premises are in a city with a population of more than 1,000,000 or within a 50-mile radius of the licensed premises if the premises are in a city with a population of 1,000,000 or less. Deletes a provision specifying that the sale of beer at retail by a brew pub must be in-person. Adds that provisions authorizing delivery and carry out of mixed drinks grant authorization to class 1 craft distillers, wine-maker's premises, brew pubs, and distilling pubs. Removes language repealing the provision concerning delivery and carry out of mixed drinks on June 2, 2021. Makes other changes. Effective immediately.


LRB102 16894 RPS 22305 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3495LRB102 16894 RPS 22305 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 1-3.33, 3-12, 5-1, 5-3, 6-4, 6-28.8, 6-29.1,
6and 10-1 and by adding Sections 6-29.05 and 6-29.06 as
7follows:
 
8    (235 ILCS 5/1-3.33)
9    Sec. 1-3.33. "Brew Pub" means a person who manufactures no
10more than 155,000 gallons of beer per year only at a designated
11licensed premises to make sales to importing distributors, to
12distributors, to retail licensees (but not more than 6,200
13gallons of beer per year to retail licensees within a 10-mile
14radius of the licensed premises in a city with a population of
15more than 1,000,000 or within a 50-mile radius of the licensed
16premises in a city with a population of 1,000,000 or less), and
17to non-licensees for use and consumption on the premises or
18off the premises only, who stores beer at the designated
19premises, and who is allowed to sell at retail from the
20licensed premises, provided that a brew pub licensee shall not
21sell for on-premises consumption or off-premises consumption
22more than 155,000 gallons per year.
23(Source: P.A. 99-448, eff. 8-24-15.)
 

 

 

HB3495- 2 -LRB102 16894 RPS 22305 b

1    (235 ILCS 5/3-12)
2    Sec. 3-12. Powers and duties of State Commission.
3    (a) The State Commission shall have the following powers,
4functions, and duties:
5        (1) To receive applications and to issue licenses to
6    manufacturers, foreign importers, importing distributors,
7    distributors, non-resident dealers, on premise consumption
8    retailers, off premise sale retailers, special event
9    retailer licensees, special use permit licenses, auction
10    liquor licenses, brew pubs, caterer retailers,
11    non-beverage users, railroads, including owners and
12    lessees of sleeping, dining and cafe cars, airplanes,
13    boats, brokers, and wine maker's premises licensees in
14    accordance with the provisions of this Act, and to suspend
15    or revoke such licenses upon the State Commission's
16    determination, upon notice after hearing, that a licensee
17    has violated any provision of this Act or any rule or
18    regulation issued pursuant thereto and in effect for 30
19    days prior to such violation. Except in the case of an
20    action taken pursuant to a violation of Section 6-3, 6-5,
21    or 6-9, any action by the State Commission to suspend or
22    revoke a licensee's license may be limited to the license
23    for the specific premises where the violation occurred. An
24    action for a violation of this Act shall be commenced by
25    the State Commission within 2 years after the date the

 

 

HB3495- 3 -LRB102 16894 RPS 22305 b

1    State Commission becomes aware of the violation.
2        In lieu of suspending or revoking a license, the
3    commission may impose a fine, upon the State Commission's
4    determination and notice after hearing, that a licensee
5    has violated any provision of this Act or any rule or
6    regulation issued pursuant thereto and in effect for 30
7    days prior to such violation.
8        For the purpose of this paragraph (1), when
9    determining multiple violations for the sale of alcohol to
10    a person under the age of 21, a second or subsequent
11    violation for the sale of alcohol to a person under the age
12    of 21 shall only be considered if it was committed within 5
13    years after the date when a prior violation for the sale of
14    alcohol to a person under the age of 21 was committed.
15        The fine imposed under this paragraph may not exceed
16    $500 for each violation. Each day that the activity, which
17    gave rise to the original fine, continues is a separate
18    violation. The maximum fine that may be levied against any
19    licensee, for the period of the license, shall not exceed
20    $20,000. The maximum penalty that may be imposed on a
21    licensee for selling a bottle of alcoholic liquor with a
22    foreign object in it or serving from a bottle of alcoholic
23    liquor with a foreign object in it shall be the
24    destruction of that bottle of alcoholic liquor for the
25    first 10 bottles so sold or served from by the licensee.
26    For the eleventh bottle of alcoholic liquor and for each

 

 

HB3495- 4 -LRB102 16894 RPS 22305 b

1    third bottle thereafter sold or served from by the
2    licensee with a foreign object in it, the maximum penalty
3    that may be imposed on the licensee is the destruction of
4    the bottle of alcoholic liquor and a fine of up to $50.
5        Any notice issued by the State Commission to a
6    licensee for a violation of this Act or any notice with
7    respect to settlement or offer in compromise shall include
8    the field report, photographs, and any other supporting
9    documentation necessary to reasonably inform the licensee
10    of the nature and extent of the violation or the conduct
11    alleged to have occurred. The failure to include such
12    required documentation shall result in the dismissal of
13    the action.
14        (2) To adopt such rules and regulations consistent
15    with the provisions of this Act which shall be necessary
16    to carry on its functions and duties to the end that the
17    health, safety and welfare of the People of the State of
18    Illinois shall be protected and temperance in the
19    consumption of alcoholic liquors shall be fostered and
20    promoted and to distribute copies of such rules and
21    regulations to all licensees affected thereby.
22        (3) To call upon other administrative departments of
23    the State, county and municipal governments, county and
24    city police departments and upon prosecuting officers for
25    such information and assistance as it deems necessary in
26    the performance of its duties.

 

 

HB3495- 5 -LRB102 16894 RPS 22305 b

1        (4) To recommend to local commissioners rules and
2    regulations, not inconsistent with the law, for the
3    distribution and sale of alcoholic liquors throughout the
4    State.
5        (5) To inspect, or cause to be inspected, any premises
6    in this State where alcoholic liquors are manufactured,
7    distributed, warehoused, or sold. Nothing in this Act
8    authorizes an agent of the State Commission to inspect
9    private areas within the premises without reasonable
10    suspicion or a warrant during an inspection. "Private
11    areas" include, but are not limited to, safes, personal
12    property, and closed desks.
13        (5.1) Upon receipt of a complaint or upon having
14    knowledge that any person is engaged in business as a
15    manufacturer, importing distributor, distributor, or
16    retailer without a license or valid license, to conduct an
17    investigation. If, after conducting an investigation, the
18    State Commission is satisfied that the alleged conduct
19    occurred or is occurring, it may issue a cease and desist
20    notice as provided in this Act, impose civil penalties as
21    provided in this Act, notify the local liquor authority,
22    or file a complaint with the State's Attorney's Office of
23    the county where the incident occurred or the Attorney
24    General.
25        (5.2) Upon receipt of a complaint or upon having
26    knowledge that any person is shipping alcoholic liquor

 

 

HB3495- 6 -LRB102 16894 RPS 22305 b

1    into this State from a point outside of this State if the
2    shipment is in violation of this Act, to conduct an
3    investigation. If, after conducting an investigation, the
4    State Commission is satisfied that the alleged conduct
5    occurred or is occurring, it may issue a cease and desist
6    notice as provided in this Act, impose civil penalties as
7    provided in this Act, notify the foreign jurisdiction, or
8    file a complaint with the State's Attorney's Office of the
9    county where the incident occurred or the Attorney
10    General.
11        (5.3) To receive complaints from licensees, local
12    officials, law enforcement agencies, organizations, and
13    persons stating that any licensee has been or is violating
14    any provision of this Act or the rules and regulations
15    issued pursuant to this Act. Such complaints shall be in
16    writing, signed and sworn to by the person making the
17    complaint, and shall state with specificity the facts in
18    relation to the alleged violation. If the State Commission
19    has reasonable grounds to believe that the complaint
20    substantially alleges a violation of this Act or rules and
21    regulations adopted pursuant to this Act, it shall conduct
22    an investigation. If, after conducting an investigation,
23    the State Commission is satisfied that the alleged
24    violation did occur, it shall proceed with disciplinary
25    action against the licensee as provided in this Act.
26        (5.4) To make arrests and issue notices of civil

 

 

HB3495- 7 -LRB102 16894 RPS 22305 b

1    violations where necessary for the enforcement of this
2    Act.
3        (5.5) To investigate any and all unlicensed activity.
4        (5.6) To impose civil penalties or fines to any person
5    who, without holding a valid license, engages in conduct
6    that requires a license pursuant to this Act, in an amount
7    not to exceed $20,000 for each offense as determined by
8    the State Commission. A civil penalty shall be assessed by
9    the State Commission after a hearing is held in accordance
10    with the provisions set forth in this Act regarding the
11    provision of a hearing for the revocation or suspension of
12    a license.
13        (6) To hear and determine appeals from orders of a
14    local commission in accordance with the provisions of this
15    Act, as hereinafter set forth. Hearings under this
16    subsection shall be held in Springfield or Chicago, at
17    whichever location is the more convenient for the majority
18    of persons who are parties to the hearing.
19        (7) The State Commission shall establish uniform
20    systems of accounts to be kept by all retail licensees
21    having more than 4 employees, and for this purpose the
22    State Commission may classify all retail licensees having
23    more than 4 employees and establish a uniform system of
24    accounts for each class and prescribe the manner in which
25    such accounts shall be kept. The State Commission may also
26    prescribe the forms of accounts to be kept by all retail

 

 

HB3495- 8 -LRB102 16894 RPS 22305 b

1    licensees having more than 4 employees, including, but not
2    limited to, accounts of earnings and expenses and any
3    distribution, payment, or other distribution of earnings
4    or assets, and any other forms, records, and memoranda
5    which in the judgment of the commission may be necessary
6    or appropriate to carry out any of the provisions of this
7    Act, including, but not limited to, such forms, records,
8    and memoranda as will readily and accurately disclose at
9    all times the beneficial ownership of such retail licensed
10    business. The accounts, forms, records, and memoranda
11    shall be available at all reasonable times for inspection
12    by authorized representatives of the State Commission or
13    by any local liquor control commissioner or his or her
14    authorized representative. The commission, may, from time
15    to time, alter, amend, or repeal, in whole or in part, any
16    uniform system of accounts, or the form and manner of
17    keeping accounts.
18        (8) In the conduct of any hearing authorized to be
19    held by the State Commission, to appoint, at the
20    commission's discretion, hearing officers to conduct
21    hearings involving complex issues or issues that will
22    require a protracted period of time to resolve, to
23    examine, or cause to be examined, under oath, any
24    licensee, and to examine or cause to be examined the books
25    and records of such licensee; to hear testimony and take
26    proof material for its information in the discharge of its

 

 

HB3495- 9 -LRB102 16894 RPS 22305 b

1    duties hereunder; to administer or cause to be
2    administered oaths; for any such purpose to issue subpoena
3    or subpoenas to require the attendance of witnesses and
4    the production of books, which shall be effective in any
5    part of this State, and to adopt rules to implement its
6    powers under this paragraph (8).
7        Any circuit court may, by order duly entered, require
8    the attendance of witnesses and the production of relevant
9    books subpoenaed by the State Commission and the court may
10    compel obedience to its order by proceedings for contempt.
11        (9) To investigate the administration of laws in
12    relation to alcoholic liquors in this and other states and
13    any foreign countries, and to recommend from time to time
14    to the Governor and through him or her to the legislature
15    of this State, such amendments to this Act, if any, as it
16    may think desirable and as will serve to further the
17    general broad purposes contained in Section 1-2 hereof.
18        (10) To adopt such rules and regulations consistent
19    with the provisions of this Act which shall be necessary
20    for the control, sale, or disposition of alcoholic liquor
21    damaged as a result of an accident, wreck, flood, fire, or
22    other similar occurrence.
23        (11) To develop industry educational programs related
24    to responsible serving and selling, particularly in the
25    areas of overserving consumers and illegal underage
26    purchasing and consumption of alcoholic beverages.

 

 

HB3495- 10 -LRB102 16894 RPS 22305 b

1        (11.1) To license persons providing education and
2    training to alcohol beverage sellers and servers for
3    mandatory and non-mandatory training under the Beverage
4    Alcohol Sellers and Servers Education and Training
5    (BASSET) programs and to develop and administer a public
6    awareness program in Illinois to reduce or eliminate the
7    illegal purchase and consumption of alcoholic beverage
8    products by persons under the age of 21. Application for a
9    license shall be made on forms provided by the State
10    Commission.
11        (12) To develop and maintain a repository of license
12    and regulatory information.
13        (13) (Blank).
14        (14) On or before April 30, 2008 and every 2 years
15    thereafter, the State Commission shall present a written
16    report to the Governor and the General Assembly that shall
17    be based on a study of the impact of Public Act 95-634 on
18    the business of soliciting, selling, and shipping wine
19    from inside and outside of this State directly to
20    residents of this State. As part of its report, the State
21    Commission shall provide all of the following information:
22            (A) The amount of State excise and sales tax
23        revenues generated.
24            (B) The amount of licensing fees received.
25            (C) The number of cases of wine shipped from
26        inside and outside of this State directly to residents

 

 

HB3495- 11 -LRB102 16894 RPS 22305 b

1        of this State.
2            (D) The number of alcohol compliance operations
3        conducted.
4            (E) The number of winery shipper's licenses
5        issued.
6            (F) The number of each of the following: reported
7        violations; cease and desist notices issued by the
8        Commission; notices of violations issued by the
9        Commission and to the Department of Revenue; and
10        notices and complaints of violations to law
11        enforcement officials, including, without limitation,
12        the Illinois Attorney General and the U.S. Department
13        of Treasury's Alcohol and Tobacco Tax and Trade
14        Bureau.
15        (15) As a means to reduce the underage consumption of
16    alcoholic liquors, the State Commission shall conduct
17    alcohol compliance operations to investigate whether
18    businesses that are soliciting, selling, and shipping wine
19    from inside or outside of this State directly to residents
20    of this State are licensed by this State or are selling or
21    attempting to sell wine to persons under 21 years of age in
22    violation of this Act.
23        (16) The State Commission shall, in addition to
24    notifying any appropriate law enforcement agency, submit
25    notices of complaints or violations of Sections 6-29 and
26    6-29.1 by persons who do not hold a winery shipper's

 

 

HB3495- 12 -LRB102 16894 RPS 22305 b

1    license under this Act to the Illinois Attorney General
2    and to the U.S. Department of Treasury's Alcohol and
3    Tobacco Tax and Trade Bureau.
4        (17)(A) A person licensed to make wine under the laws
5    of another state who has a winery shipper's license under
6    this Act and annually produces less than 25,000 gallons of
7    wine or a person who has a first-class or second-class
8    wine manufacturer's license, a first-class or second-class
9    wine-maker's license, or a limited wine manufacturer's
10    license under this Act and annually produces less than
11    25,000 gallons of wine may make application to the
12    Commission for a self-distribution exemption to allow the
13    sale of not more than 5,000 gallons of the exemption
14    holder's wine to retail licensees per year.
15        (B) In the application, which shall be sworn under
16    penalty of perjury, such person shall state (1) the date
17    it was established; (2) its volume of production and sales
18    for each year since its establishment; (3) its efforts to
19    establish distributor relationships; (4) that a
20    self-distribution exemption is necessary to facilitate the
21    marketing of its wine; and (5) that it will comply with the
22    liquor and revenue laws of the United States, this State,
23    and any other state where it is licensed.
24        (C) The State Commission shall approve the application
25    for a self-distribution exemption if such person: (1) is
26    in compliance with State revenue and liquor laws; (2) is

 

 

HB3495- 13 -LRB102 16894 RPS 22305 b

1    not a member of any affiliated group that produces more
2    than 25,000 gallons of wine per annum, 930,000 gallons of
3    beer per annum, or 50,000 gallons of spirits per annum or
4    produces any other alcoholic liquor; (3) will not annually
5    produce for sale more than 25,000 gallons of wine, 930,000
6    gallons of beer, or 50,000 gallons of spirits; and (4)
7    will not annually sell more than 5,000 gallons of its wine
8    to retail licensees.
9        (D) A self-distribution exemption holder shall
10    annually certify to the State Commission its production of
11    wine in the previous 12 months and its anticipated
12    production and sales for the next 12 months. The State
13    Commission may fine, suspend, or revoke a
14    self-distribution exemption after a hearing if it finds
15    that the exemption holder has made a material
16    misrepresentation in its application, violated a revenue
17    or liquor law of Illinois, exceeded production of 25,000
18    gallons of wine, 930,000 gallons of beer, or 50,000
19    gallons of spirits in any calendar year, or become part of
20    an affiliated group producing, directly or indirectly,
21    more than 25,000 gallons of wine, 930,000 gallons of beer,
22    or 50,000 gallons of spirits or any other alcoholic
23    liquor.
24        (E) Except in hearings for violations of this Act or
25    Public Act 95-634 or a bona fide investigation by duly
26    sworn law enforcement officials, the State Commission, or

 

 

HB3495- 14 -LRB102 16894 RPS 22305 b

1    its agents, the State Commission shall maintain the
2    production and sales information of a self-distribution
3    exemption holder as confidential and shall not release
4    such information to any person.
5        (F) The State Commission shall issue regulations
6    governing self-distribution exemptions consistent with
7    this Section and this Act.
8        (G) Nothing in this paragraph (17) shall prohibit a
9    self-distribution exemption holder from entering into or
10    simultaneously having a distribution agreement with a
11    licensed Illinois distributor.
12        (H) It is the intent of this paragraph (17) to promote
13    and continue orderly markets. The General Assembly finds
14    that, in order to preserve Illinois' regulatory
15    distribution system, it is necessary to create an
16    exception for smaller makers of wine as their wines are
17    frequently adjusted in varietals, mixes, vintages, and
18    taste to find and create market niches sometimes too small
19    for distributor or importing distributor business
20    strategies. Limited self-distribution rights will afford
21    and allow smaller makers of wine access to the marketplace
22    in order to develop a customer base without impairing the
23    integrity of the 3-tier system.
24        (18)(A) A class 1 brewer licensee, who must also be
25    either a licensed brewer or licensed non-resident dealer
26    and annually manufacture less than 930,000 gallons of

 

 

HB3495- 15 -LRB102 16894 RPS 22305 b

1    beer, may make application to the State Commission for a
2    self-distribution exemption to allow the sale of not more
3    than 232,500 gallons of the exemption holder's beer per
4    year to retail licensees and to brewers, class 1 brewers,
5    and class 2 brewers that, pursuant to subsection (e) of
6    Section 6-4 of this Act, sell beer, cider, or both beer and
7    cider to non-licensees at their breweries.
8        (B) In the application, which shall be sworn under
9    penalty of perjury, the class 1 brewer licensee shall
10    state (1) the date it was established; (2) its volume of
11    beer manufactured and sold for each year since its
12    establishment; (3) its efforts to establish distributor
13    relationships; (4) that a self-distribution exemption is
14    necessary to facilitate the marketing of its beer; and (5)
15    that it will comply with the alcoholic beverage and
16    revenue laws of the United States, this State, and any
17    other state where it is licensed.
18        (C) Any application submitted shall be posted on the
19    State Commission's website at least 45 days prior to
20    action by the State Commission. The State Commission shall
21    approve the application for a self-distribution exemption
22    if the class 1 brewer licensee: (1) is in compliance with
23    the State, revenue, and alcoholic beverage laws; (2) is
24    not a member of any affiliated group that manufactures,
25    directly or indirectly, more than 930,000 gallons of beer
26    per annum, 25,000 gallons of wine per annum, or 50,000

 

 

HB3495- 16 -LRB102 16894 RPS 22305 b

1    gallons of spirits per annum or produces any other
2    alcoholic beverages; (3) shall not annually manufacture
3    for sale more than 930,000 gallons of beer, 25,000 gallons
4    of wine, or 50,000 gallons of spirits; (4) shall not
5    annually sell more than 232,500 gallons of its beer to
6    retail licensees or to brewers, class 1 brewers, and class
7    2 brewers that, pursuant to subsection (e) of Section 6-4
8    of this Act, sell beer, cider, or both beer and cider to
9    non-licensees at their breweries; and (5) has relinquished
10    any brew pub license held by the licensee, including any
11    ownership interest it held in the licensed brew pub.
12        (D) A self-distribution exemption holder shall
13    annually certify to the State Commission its manufacture
14    of beer during the previous 12 months and its anticipated
15    manufacture and sales of beer for the next 12 months. The
16    State Commission may fine, suspend, or revoke a
17    self-distribution exemption after a hearing if it finds
18    that the exemption holder has made a material
19    misrepresentation in its application, violated a revenue
20    or alcoholic beverage law of Illinois, exceeded the
21    manufacture of 930,000 gallons of beer, 25,000 gallons of
22    wine, or 50,000 gallons of spirits in any calendar year or
23    became part of an affiliated group manufacturing more than
24    930,000 gallons of beer, 25,000 gallons of wine, or 50,000
25    gallons of spirits or any other alcoholic beverage.
26        (E) The State Commission shall issue rules and

 

 

HB3495- 17 -LRB102 16894 RPS 22305 b

1    regulations governing self-distribution exemptions
2    consistent with this Act.
3        (F) Nothing in this paragraph (18) shall prohibit a
4    self-distribution exemption holder from entering into or
5    simultaneously having a distribution agreement with a
6    licensed Illinois importing distributor or a distributor.
7    If a self-distribution exemption holder enters into a
8    distribution agreement and has assigned distribution
9    rights to an importing distributor or distributor, then
10    the self-distribution exemption holder's distribution
11    rights in the assigned territories shall cease in a
12    reasonable time not to exceed 60 days.
13        (G) It is the intent of this paragraph (18) to promote
14    and continue orderly markets. The General Assembly finds
15    that in order to preserve Illinois' regulatory
16    distribution system, it is necessary to create an
17    exception for smaller manufacturers in order to afford and
18    allow such smaller manufacturers of beer access to the
19    marketplace in order to develop a customer base without
20    impairing the integrity of the 3-tier system.
21        (19)(A) A class 1 craft distiller licensee or a
22    non-resident dealer who manufactures less than 50,000
23    gallons of distilled spirits per year may make application
24    to the State Commission for a self-distribution exemption
25    to allow the sale of not more than 5,000 gallons of the
26    exemption holder's spirits to retail licensees per year.

 

 

HB3495- 18 -LRB102 16894 RPS 22305 b

1        (B) In the application, which shall be sworn under
2    penalty of perjury, the class 1 craft distiller licensee
3    or non-resident dealer shall state (1) the date it was
4    established; (2) its volume of spirits manufactured and
5    sold for each year since its establishment; (3) its
6    efforts to establish distributor relationships; (4) that a
7    self-distribution exemption is necessary to facilitate the
8    marketing of its spirits; and (5) that it will comply with
9    the alcoholic beverage and revenue laws of the United
10    States, this State, and any other state where it is
11    licensed.
12        (C) Any application submitted shall be posted on the
13    State Commission's website at least 45 days prior to
14    action by the State Commission. The State Commission shall
15    approve the application for a self-distribution exemption
16    if the applicant: (1) is in compliance with State revenue
17    and alcoholic beverage laws; (2) is not a member of any
18    affiliated group that produces, directly or indirectly,
19    more than 50,000 gallons of spirits per annum, 930,000
20    gallons of beer per annum, or 25,000 gallons of wine per
21    annum or produces any other alcoholic liquor; (3) does not
22    annually manufacture for sale more than 50,000 gallons of
23    spirits, 930,000 gallons of beer, or 25,000 gallons of
24    wine; and (4) does not annually sell more than 5,000
25    gallons of its spirits to retail licensees.
26        (D) A self-distribution exemption holder shall

 

 

HB3495- 19 -LRB102 16894 RPS 22305 b

1    annually certify to the State Commission its manufacture
2    of spirits during the previous 12 months and its
3    anticipated manufacture and sales of spirits for the next
4    12 months. The State Commission may fine, suspend, or
5    revoke a self-distribution exemption after a hearing if it
6    finds that the exemption holder has made a material
7    misrepresentation in its application, violated a revenue
8    or alcoholic beverage law of Illinois, exceeded the
9    manufacture of 50,000 gallons of spirits, 930,000 gallons
10    of beer, or 25,000 gallons of wine in any calendar year, or
11    has become part of an affiliated group manufacturing more
12    than 50,000 gallons of spirits, 930,000 gallons of beer,
13    or 25,000 gallons of wine or any other alcoholic beverage.
14        (E) The State Commission shall adopt rules governing
15    self-distribution exemptions consistent with this Act.
16        (F) Nothing in this paragraph (19) shall prohibit a
17    self-distribution exemption holder from entering into or
18    simultaneously having a distribution agreement with a
19    licensed Illinois importing distributor or a distributor.
20        (G) It is the intent of this paragraph (19) to promote
21    and continue orderly markets. The General Assembly finds
22    that in order to preserve Illinois' regulatory
23    distribution system, it is necessary to create an
24    exception for smaller manufacturers in order to afford and
25    allow such smaller manufacturers of spirits access to the
26    marketplace in order to develop a customer base without

 

 

HB3495- 20 -LRB102 16894 RPS 22305 b

1    impairing the integrity of the 3-tier system.
2        (20)(A) A brew pub licensee who must annually
3    manufacture less than 155,000 gallons of beer may make
4    application to the State Commission for a
5    self-distribution exemption to allow the sale of not more
6    than 6,200 gallons of the exemption holder's beer per year
7    to retail licensees and to brewers, class 1 brewers, and
8    class 2 brewers that, pursuant to subsection (e) of
9    Section 6-4 of this Act, sell beer, cider, or both beer and
10    cider to non-licensees at their breweries.
11        (B) In the application, which shall be sworn under
12    penalty of perjury, the brew pub licensee shall state: (1)
13    the date it was established; (2) its volume of beer
14    manufactured and sold for each year since its
15    establishment; (3) its efforts to establish distributor
16    relationships; (4) that a self-distribution exemption is
17    necessary to facilitate the marketing of its beer; and (5)
18    that it will comply with the alcoholic beverage and
19    revenue laws of the United States, this State, and any
20    other state where it is licensed.
21        (C) Any application submitted shall be posted on the
22    State Commission's website at least 45 days prior to
23    action by the State Commission. The State Commission shall
24    approve the application for a self-distribution exemption
25    if the brew pub licensee: (1) is in compliance with the
26    State, revenue, and alcoholic beverage laws; (2) is not a

 

 

HB3495- 21 -LRB102 16894 RPS 22305 b

1    member of any affiliated group that manufacturers,
2    directly or indirectly, more than 3,720,000 gallons of
3    beer per annum, 100,000 gallons of wine per annum, or
4    100,000 gallons of spirits per annum; (3) shall not
5    annually manufacture for sale more than 155,000 gallons of
6    beer; and (4) shall not annually sell more than 6,200
7    gallons of beer to retail licensees or to brewers, class 1
8    brewers, and class 2 brewers that, pursuant to subsection
9    (e) of Section 6-4 of this Act, sell beer, cider, or both
10    beer and cider to non-licensees at their breweries.
11        (D) A self-distribution exemption holder shall
12    annually certify to the State Commission its manufacture
13    of beer during the previous 12 months and its anticipated
14    manufacture and sales of beer for the next 12 months. The
15    State Commission may fine, suspend, or revoke a
16    self-distribution exemption after a hearing if it finds
17    that the exemption holder has made a material
18    misrepresentation in its application, violated a revenue
19    or alcoholic beverage law of Illinois, exceeded the
20    manufacture of 155,000 gallons of beer in any calendar
21    year or became part of an affiliated group manufacturing
22    more than 3,720,000 gallons of beer, 100,000 gallons of
23    wine, or 100,000 gallons of spirits.
24        (E) The State Commission shall issue rules and
25    regulations governing self-distribution exemptions
26    consistent with this Act.

 

 

HB3495- 22 -LRB102 16894 RPS 22305 b

1        (F) Nothing in this paragraph (20) shall prohibit a
2    self-distribution exemption holder from entering into or
3    simultaneously having a distribution agreement with a
4    licensed Illinois importing distributor or a distributor.
5    If a self-distribution exemption holder enters into a
6    distribution agreement and has assigned distribution
7    rights to an importing distributor or distributor, then
8    the self-distribution exemption holder's distribution
9    rights in the assigned territories shall cease in a
10    reasonable time not to exceed 60 days.
11        (G) It is the intent of this paragraph (20) to promote
12    and continue orderly markets. The General Assembly finds
13    that in order to preserve Illinois' regulatory
14    distribution system, it is necessary to create an
15    exception for smaller manufacturers in order to afford and
16    allow such smaller manufacturers of beer access to the
17    marketplace in order to develop a customer base without
18    impairing the integrity of the 3-tier system.
19    (b) On or before April 30, 1999, the Commission shall
20present a written report to the Governor and the General
21Assembly that shall be based on a study of the impact of Public
22Act 90-739 on the business of soliciting, selling, and
23shipping alcoholic liquor from outside of this State directly
24to residents of this State.
25    As part of its report, the Commission shall provide the
26following information:

 

 

HB3495- 23 -LRB102 16894 RPS 22305 b

1        (i) the amount of State excise and sales tax revenues
2    generated as a result of Public Act 90-739;
3        (ii) the amount of licensing fees received as a result
4    of Public Act 90-739;
5        (iii) the number of reported violations, the number of
6    cease and desist notices issued by the Commission, the
7    number of notices of violations issued to the Department
8    of Revenue, and the number of notices and complaints of
9    violations to law enforcement officials.
10(Source: P.A. 100-134, eff. 8-18-17; 100-201, eff. 8-18-17;
11100-816, eff. 8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff.
128-23-18; 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; 101-482,
13eff. 8-23-19; revised 9-20-19.)
 
14    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
15    Sec. 5-1. Licenses issued by the Illinois Liquor Control
16Commission shall be of the following classes:
17    (a) Manufacturer's license - Class 1. Distiller, Class 2.
18Rectifier, Class 3. Brewer, Class 4. First Class Wine
19Manufacturer, Class 5. Second Class Wine Manufacturer, Class
206. First Class Winemaker, Class 7. Second Class Winemaker,
21Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
22Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft
23Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
24    (b) Distributor's license,
25    (c) Importing Distributor's license,

 

 

HB3495- 24 -LRB102 16894 RPS 22305 b

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    (s) Craft distiller tasting permit,
17    (t) Brewer warehouse permit,
18    (u) Distilling pub license,
19    (v) Craft distiller warehouse permit, .
20    (w) Brewery shipper's license,
21    (x) Distillery shipper's license.
22    No person, firm, partnership, corporation, or other legal
23business entity that is engaged in the manufacturing of wine
24may concurrently obtain and hold a wine-maker's license and a
25wine manufacturer's license.
26    (a) A manufacturer's license shall allow the manufacture,

 

 

HB3495- 25 -LRB102 16894 RPS 22305 b

1importation in bulk, storage, distribution and sale of
2alcoholic liquor to persons without the State, as may be
3permitted by law and to licensees in this State as follows:
4    Class 1. A Distiller may make sales and deliveries of
5alcoholic liquor to distillers, rectifiers, importing
6distributors, distributors and non-beverage users and to no
7other licensees.
8    Class 2. A Rectifier, who is not a distiller, as defined
9herein, may make sales and deliveries of alcoholic liquor to
10rectifiers, importing distributors, distributors, retailers
11and non-beverage users and to no other licensees.
12    Class 3. A Brewer may make sales and deliveries of beer to
13importing distributors and distributors and may make sales as
14authorized under subsection (e) of Section 6-4 of this Act.
15    Class 4. A first class wine-manufacturer may make sales
16and deliveries of up to 50,000 gallons of wine to
17manufacturers, importing distributors and distributors, and to
18no other licensees. If a first class wine-manufacturer
19manufactures beer, it shall obtain a class 1 brewer license
20only, shall not manufacture more than 930,000 gallons of beer
21per year, and shall not be a member of or affiliated with,
22directly or indirectly, a manufacturer that produces more than
23930,000 gallons of beer per year. If the first class
24wine-manufacturer manufactures spirits, it shall obtain a
25class 1 craft distiller license only, shall not manufacture
26more than 50,000 gallons of spirits per year, and shall not be

 

 

HB3495- 26 -LRB102 16894 RPS 22305 b

1a member of or affiliated with, directly or indirectly, a
2manufacturer that produces more than 50,000 gallons of spirits
3per year. A first class wine-manufacturer shall be permitted
4to sell wine manufactured at the first class wine-manufacturer
5premises to non-licensees.
6    Class 5. A second class Wine manufacturer may make sales
7and deliveries of more than 50,000 gallons of wine to
8manufacturers, importing distributors and distributors and to
9no other licensees.
10    Class 6. A first-class wine-maker's license shall allow
11the manufacture of up to 50,000 gallons of wine per year, and
12the storage and sale of such wine to distributors in the State
13and to persons without the State, as may be permitted by law. A
14person who, prior to June 1, 2008 (the effective date of Public
15Act 95-634), is a holder of a first-class wine-maker's license
16and annually produces more than 25,000 gallons of its own wine
17and who distributes its wine to licensed retailers shall cease
18this practice on or before July 1, 2008 in compliance with
19Public Act 95-634. If a first-class wine-maker manufactures
20beer, it shall obtain a class 1 brewer license only, shall not
21manufacture more than 930,000 gallons of beer per year, and
22shall not be a member of or affiliated with, directly or
23indirectly, a manufacturer that produces more than 930,000
24gallons of beer per year. If a first-class wine-maker
25manufactures spirits, it shall obtain a class 1 craft
26distiller license only, shall not manufacture more than 50,000

 

 

HB3495- 27 -LRB102 16894 RPS 22305 b

1gallons of spirits per year, and shall not be a member of or
2affiliated with, directly or indirectly, a manufacturer that
3produces more than 50,000 gallons of spirits per year. A
4first-class wine-maker holding a class 1 brewer license or a
5class 1 craft distiller license shall not be eligible for a
6wine-maker's premises license but shall be permitted to sell
7wine manufactured at the first-class wine-maker's premises to
8non-licensees.
9    Class 7. A second-class wine-maker's license shall allow
10the manufacture of up to of between 50,000 and 150,000 gallons
11of wine per year, and the storage and sale of such wine to
12distributors in this State and to persons without the State,
13as may be permitted by law. A person who, prior to June 1, 2008
14(the effective date of Public Act 95-634), is a holder of a
15second-class wine-maker's license and annually produces more
16than 25,000 gallons of its own wine and who distributes its
17wine to licensed retailers shall cease this practice on or
18before July 1, 2008 in compliance with Public Act 95-634. If a
19second-class wine-maker manufactures beer, it shall obtain a
20class 2 brewer license only, shall not manufacture more than
213,720,000 gallons of beer per year, and shall not be a member
22of or affiliated with, directly or indirectly, a manufacturer
23that produces more than 3,720,000 gallons of beer per year. If
24a second-class wine-maker manufactures spirits, it shall
25obtain a class 2 craft distiller license only, shall not
26manufacture more than 150,000 gallons of spirits per year, and

 

 

HB3495- 28 -LRB102 16894 RPS 22305 b

1shall not be a member of or affiliated with, directly or
2indirectly, a manufacturer that produces more than 100,000
3gallons of spirits per year.
4    Class 8. A limited wine-manufacturer may make sales and
5deliveries not to exceed 40,000 gallons of wine per year to
6distributors, and to non-licensees in accordance with the
7provisions of this Act.
8    Class 9. A craft distiller license, which may only be held
9by a class 1 craft distiller licensee or class 2 craft
10distiller licensee but not held by both a class 1 craft
11distiller licensee and a class 2 craft distiller licensee,
12shall grant all rights conveyed by either: (i) a class 1 craft
13distiller license if the craft distiller holds a class 1 craft
14distiller license; or (ii) a class 2 craft distiller licensee
15if the craft distiller holds a class 2 craft distiller
16license.
17    Class 10. A class 1 craft distiller license, which may
18only be issued to a licensed craft distiller or licensed
19non-resident dealer, shall allow the manufacture of up to
2050,000 gallons of spirits per year provided that the class 1
21craft distiller licensee does not manufacture more than a
22combined 50,000 gallons of spirits per year and is not a member
23of or affiliated with, directly or indirectly, a manufacturer
24that produces more than 50,000 gallons of spirits per year or
25any other alcoholic liquor. If a class 1 craft distiller
26manufactures beer, it shall obtain a class 1 brewer license

 

 

HB3495- 29 -LRB102 16894 RPS 22305 b

1only, shall not manufacture more than 930,000 gallons of beer
2per year, and shall not be a member of or affiliated with,
3directly or indirectly, a manufacturer that produces more than
4930,000 gallons of beer per year. If a class 1 craft distiller
5manufactures wine, it shall obtain a first class
6wine-manufacturer license or a first-class wine-makers license
7only, shall not manufacture more than 50,000 gallons of wine
8per year, and shall not be a member of or affiliated with,
9directly or indirectly, a manufacturer that produces more than
1050,000 gallons of wine per year. A class 1 craft distiller
11licensee may make sales and deliveries to importing
12distributors and distributors and to retail licensees in
13accordance with the conditions set forth in paragraph (19) of
14subsection (a) of Section 3-12 of this Act. However, the
15aggregate amount of spirits sold to non-licensees and sold or
16delivered to retail licensees may not exceed 5,000 gallons per
17year.
18    A class 1 craft distiller licensee may sell up to 5,000
19gallons of such spirits to non-licensees to the extent
20permitted by any exemption approved by the State Commission
21pursuant to Section 6-4 of this Act. A class 1 craft distiller
22license holder may store such spirits at a non-contiguous
23licensed location, but at no time shall a class 1 craft
24distiller license holder directly or indirectly produce in the
25aggregate more than 50,000 gallons of spirits per year.
26    A class 1 craft distiller licensee may hold more than one

 

 

HB3495- 30 -LRB102 16894 RPS 22305 b

1class 1 craft distiller's license. However, a class 1 craft
2distiller that holds more than one class 1 craft distiller
3license shall not manufacture, in the aggregate, more than
450,000 gallons of spirits by distillation per year and shall
5not sell, in the aggregate, more than 5,000 gallons of such
6spirits to non-licensees in accordance with an exemption
7approved by the State Commission pursuant to Section 6-4 of
8this Act.
9    Class 11. A class 2 craft distiller license, which may
10only be issued to a licensed craft distiller or licensed
11non-resident dealer, shall allow the manufacture of up to
12100,000 gallons of spirits per year provided that the class 2
13craft distiller licensee does not manufacture more than a
14combined 100,000 gallons of spirits per year and is not a
15member of or affiliated with, directly or indirectly, a
16manufacturer that produces more than 100,000 gallons of
17spirits per year or any other alcoholic liquor. If a class 2
18craft distiller manufactures beer, it shall obtain a class 2
19brewer license only, shall not manufacture more than 3,720,000
20gallons of beer per year, and shall not be a member of or
21affiliated with, directly or indirectly, a manufacturer that
22produces more than 3,720,000 gallons of beer per year. If a
23class 2 craft distiller manufactures wine, it shall obtain a
24second-class wine-maker's license only, shall not manufacture
25more than 150,000 gallons of wine per year, and shall not be a
26member of or affiliated with, directly or indirectly, a

 

 

HB3495- 31 -LRB102 16894 RPS 22305 b

1manufacturer that produces more than 150,000 gallons of wine
2per year. A class 2 craft distiller licensee may make sales and
3deliveries to importing distributors and distributors, but
4shall not make sales or deliveries to any other licensee. If
5the State Commission provides prior approval, a class 2 craft
6distiller licensee may annually transfer up to 100,000 gallons
7of spirits manufactured by that class 2 craft distiller
8licensee to the premises of a licensed class 2 craft distiller
9wholly owned and operated by the same licensee. A class 2 craft
10distiller may transfer spirits to a distilling pub wholly
11owned and operated by the class 2 craft distiller subject to
12the following limitations and restrictions: (i) the transfer
13shall not annually exceed more than 5,000 gallons; (ii) the
14annual amount transferred shall reduce the distilling pub's
15annual permitted production limit; (iii) all spirits
16transferred shall be subject to Article VIII of this Act; (iv)
17a written record shall be maintained by the distiller and
18distilling pub specifying the amount, date of delivery, and
19receipt of the product by the distilling pub; and (v) the
20distilling pub shall be located no farther than 80 miles from
21the class 2 craft distiller's licensed location.
22    A class 2 craft distiller shall, prior to transferring
23spirits to a distilling pub wholly owned by the class 2 craft
24distiller, furnish a written notice to the State Commission of
25intent to transfer spirits setting forth the name and address
26of the distilling pub and shall annually submit to the State

 

 

HB3495- 32 -LRB102 16894 RPS 22305 b

1Commission a verified report identifying the total gallons of
2spirits transferred to the distilling pub wholly owned by the
3class 2 craft distiller.
4    A class 2 craft distiller license holder may store such
5spirits at a non-contiguous licensed location, but at no time
6shall a class 2 craft distiller license holder directly or
7indirectly produce in the aggregate more than 100,000 gallons
8of spirits per year.
9    Class 12. 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. If a
17class 1 brewer manufactures spirits, it shall obtain a class 1
18craft distiller license only, shall not manufacture more than
1950,000 gallons of spirits per year, and shall not be a member
20of or affiliated with, directly or indirectly, a manufacturer
21that produces more than 50,000 gallons of spirits per year. If
22a class 1 craft brewer manufactures wine, it shall obtain a
23first class wine-manufacturer license or a first-class
24wine-makers license only, shall not manufacture more than
2550,000 gallons of wine per year, and shall not be a member of
26or affiliated with, directly or indirectly, a manufacturer

 

 

HB3495- 33 -LRB102 16894 RPS 22305 b

1that produces more than 50,000 gallons of wine per year. A
2class 1 brewer licensee may make sales and deliveries to
3importing distributors and distributors and to retail
4licensees in accordance with the conditions set forth in
5paragraph (18) of subsection (a) of Section 3-12 of this Act.
6If the State Commission provides prior approval, a class 1
7brewer may annually transfer up to 930,000 gallons of beer
8manufactured by that class 1 brewer to the premises of a
9licensed class 1 brewer wholly owned and operated by the same
10licensee.
11    Class 13. A class 2 brewer license, which may only be
12issued to a licensed brewer or licensed non-resident dealer,
13shall allow the manufacture of up to 3,720,000 gallons of beer
14per year provided that the class 2 brewer licensee does not
15manufacture more than a combined 3,720,000 gallons of beer per
16year and is not a member of or affiliated with, directly or
17indirectly, a manufacturer that produces more than 3,720,000
18gallons of beer per year or any other alcoholic liquor. If a
19class 2 brewer manufactures spirits, it shall obtain a class 2
20craft distiller license only, shall not manufacture more than
21100,000 gallons of spirits per year, and shall not be a member
22of or affiliated with, directly or indirectly, a manufacturer
23that produces more than 100,000 gallons of spirits per year.
24If a class 2 craft distiller manufactures wine, it shall
25obtain a second-class wine-maker's license only, shall not
26manufacture more than 150,000 gallons of wine per year, and

 

 

HB3495- 34 -LRB102 16894 RPS 22305 b

1shall not be a member of or affiliated with, directly or
2indirectly, a manufacturer that produces more than 150,000
3gallons of wine a year. A class 2 brewer licensee may make
4sales and deliveries to importing distributors and
5distributors, but shall not make sales or deliveries to any
6other licensee. If the State Commission provides prior
7approval, a class 2 brewer licensee may annually transfer up
8to 3,720,000 gallons of beer manufactured by that class 2
9brewer licensee to the premises of a licensed class 2 brewer
10wholly owned and operated by the same licensee.
11    A class 2 brewer may transfer beer to a brew pub wholly
12owned and operated by the class 2 brewer subject to the
13following limitations and restrictions: (i) the transfer shall
14not annually exceed more than 31,000 gallons; (ii) the annual
15amount transferred shall reduce the brew pub's annual
16permitted production limit; (iii) all beer transferred shall
17be subject to Article VIII of this Act; (iv) a written record
18shall be maintained by the brewer and brew pub specifying the
19amount, date of delivery, and receipt of the product by the
20brew pub; and (v) the brew pub shall be located no farther than
2180 miles from the class 2 brewer's licensed location.
22    A class 2 brewer shall, prior to transferring beer to a
23brew pub wholly owned by the class 2 brewer, furnish a written
24notice to the State Commission of intent to transfer beer
25setting forth the name and address of the brew pub and shall
26annually submit to the State Commission a verified report

 

 

HB3495- 35 -LRB102 16894 RPS 22305 b

1identifying the total gallons of beer transferred to the brew
2pub wholly owned by the class 2 brewer.
3    (a-1) A manufacturer which is licensed in this State to
4make sales or deliveries of alcoholic liquor to licensed
5distributors or importing distributors and which enlists
6agents, representatives, or individuals acting on its behalf
7who contact licensed retailers on a regular and continual
8basis in this State must register those agents,
9representatives, or persons acting on its behalf with the
10State Commission.
11    Registration of agents, representatives, or persons acting
12on behalf of a manufacturer is fulfilled by submitting a form
13to the Commission. The form shall be developed by the
14Commission and shall include the name and address of the
15applicant, the name and address of the manufacturer he or she
16represents, the territory or areas assigned to sell to or
17discuss pricing terms of alcoholic liquor, and any other
18questions deemed appropriate and necessary. All statements in
19the forms required to be made by law or by rule shall be deemed
20material, and any person who knowingly misstates any material
21fact under oath in an application is guilty of a Class B
22misdemeanor. Fraud, misrepresentation, false statements,
23misleading statements, evasions, or suppression of material
24facts in the securing of a registration are grounds for
25suspension or revocation of the registration. The State
26Commission shall post a list of registered agents on the

 

 

HB3495- 36 -LRB102 16894 RPS 22305 b

1Commission's website.
2    (b) A distributor's license shall allow (i) the wholesale
3purchase and storage of alcoholic liquors and sale of
4alcoholic liquors to licensees in this State and to persons
5without the State, as may be permitted by law; (ii) the sale of
6beer, cider, or both beer and cider to brewers, class 1
7brewers, and class 2 brewers that, pursuant to subsection (e)
8of Section 6-4 of this Act, sell beer, cider, or both beer and
9cider to non-licensees at their breweries; and (iii) the sale
10of vermouth to class 1 craft distillers and class 2 craft
11distillers that, pursuant to subsection (e) of Section 6-4 of
12this Act, sell spirits, vermouth, or both spirits and vermouth
13to non-licensees at their distilleries. No person licensed as
14a distributor shall be granted a non-resident dealer's
15license.
16    (c) An importing distributor's license may be issued to
17and held by those only who are duly licensed distributors,
18upon the filing of an application by a duly licensed
19distributor, with the Commission and the Commission shall,
20without the payment of any fee, immediately issue such
21importing distributor's license to the applicant, which shall
22allow the importation of alcoholic liquor by the licensee into
23this State from any point in the United States outside this
24State, and the purchase of alcoholic liquor in barrels, casks
25or other bulk containers and the bottling of such alcoholic
26liquors before resale thereof, but all bottles or containers

 

 

HB3495- 37 -LRB102 16894 RPS 22305 b

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

 

 

HB3495- 38 -LRB102 16894 RPS 22305 b

1event retailer licensee for resale to the extent permitted
2under subsection (e).
3    (e) A special event retailer's license (not-for-profit)
4shall permit the licensee to purchase alcoholic liquors from
5an Illinois licensed distributor (unless the licensee
6purchases less than $500 of alcoholic liquors for the special
7event, in which case the licensee may purchase the alcoholic
8liquors from a licensed retailer) and shall allow the licensee
9to sell and offer for sale, at retail, alcoholic liquors for
10use or consumption, but not for resale in any form and only at
11the location and on the specific dates designated for the
12special event in the license. An applicant for a special event
13retailer license must (i) furnish with the application: (A) a
14resale number issued under Section 2c of the Retailers'
15Occupation Tax Act or evidence that the applicant is
16registered under Section 2a of the Retailers' Occupation Tax
17Act, (B) a current, valid exemption identification number
18issued under Section 1g of the Retailers' Occupation Tax Act,
19and a certification to the Commission that the purchase of
20alcoholic liquors will be a tax-exempt purchase, or (C) a
21statement that the applicant is not registered under Section
222a of the Retailers' Occupation Tax Act, does not hold a resale
23number under Section 2c of the Retailers' Occupation Tax Act,
24and does not hold an exemption number under Section 1g of the
25Retailers' Occupation Tax Act, in which event the Commission
26shall set forth on the special event retailer's license a

 

 

HB3495- 39 -LRB102 16894 RPS 22305 b

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

 

 

HB3495- 40 -LRB102 16894 RPS 22305 b

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

 

 

HB3495- 41 -LRB102 16894 RPS 22305 b

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

 

 

HB3495- 42 -LRB102 16894 RPS 22305 b

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

 

 

HB3495- 43 -LRB102 16894 RPS 22305 b

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

 

 

HB3495- 44 -LRB102 16894 RPS 22305 b

1importer, whether such solicitation or offer is consummated
2within or without the State of Illinois.
3    No holder of a retailer's license issued by the Illinois
4Liquor Control Commission shall purchase or receive any
5alcoholic liquor, the order for which was solicited or offered
6for sale to such retailer by a broker unless the broker is the
7holder of a valid broker's license.
8    The broker shall, upon the acceptance by a retailer of the
9broker's solicitation of an order or offer to sell or supply or
10deliver or have delivered alcoholic liquors, promptly forward
11to the Illinois Liquor Control Commission a notification of
12said transaction in such form as the Commission may by
13regulations prescribe.
14    (ii) A broker's license shall be required of a person
15within this State, other than a retail licensee, who, for a fee
16or commission, promotes, solicits, or accepts orders for
17alcoholic liquor, for use or consumption and not for resale,
18to be shipped from this State and delivered to residents
19outside of this State by an express company, common carrier,
20or contract carrier. This Section does not apply to any person
21who promotes, solicits, or accepts orders for wine as
22specifically authorized in Section 6-29 of this Act.
23    A broker's license under this subsection (l) shall not
24entitle the holder to buy or sell any alcoholic liquors for his
25own account or to take or deliver title to such alcoholic
26liquors.

 

 

HB3495- 45 -LRB102 16894 RPS 22305 b

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

 

 

HB3495- 46 -LRB102 16894 RPS 22305 b

1non-resident dealer shall be granted a distributor's or
2importing distributor's license.
3    (n) A brew pub license shall allow the licensee to only (i)
4manufacture up to 155,000 gallons of beer per year only on the
5premises specified in the license, (ii) make sales of the beer
6manufactured on the premises or, with the approval of the
7Commission, beer manufactured on another brew pub licensed
8premises that is wholly owned and operated by the same
9licensee to importing distributors, distributors, and to
10non-licensees for use and consumption, (iii) store the beer
11upon the premises, (iv) sell and offer for sale at retail from
12the licensed premises for on-premises consumption or
13off-premises consumption no more than 155,000 gallons per year
14so long as such sales are only made in-person, (v) sell and
15offer for sale at retail for use and consumption on the
16premises specified in the license any form of alcoholic liquor
17purchased from a licensed distributor or importing
18distributor, (vi) with the prior approval of the Commission,
19annually transfer no more than 155,000 gallons of beer
20manufactured on the premises to a licensed brew pub wholly
21owned and operated by the same licensee, and (vii)
22notwithstanding item (i) of this subsection, brew pubs wholly
23owned and operated by the same licensee may combine each
24location's production limit of 155,000 gallons of beer per
25year and allocate the aggregate total between the wholly
26owned, operated, and licensed locations, and (viii) sell no

 

 

HB3495- 47 -LRB102 16894 RPS 22305 b

1more than 6,200 gallons of beer per year to retail licensees
2within a 10-mile radius of the licensed premises if the
3premises are in a city with a population of more than 1,000,000
4or within a 50-mile radius of the licensed premises if the
5premises are in a city with a population of 1,000,000 or less.
6    A brew pub licensee shall not under any circumstance sell
7or offer for sale beer manufactured by the brew pub licensee to
8retail licensees.
9    A person who holds a class 2 brewer license may
10simultaneously hold a brew pub license if the class 2 brewer
11(i) does not, under any circumstance, sell or offer for sale
12beer manufactured by the class 2 brewer to retail licensees;
13(ii) does not hold more than 3 brew pub licenses in this State;
14(iii) does not manufacture more than a combined 3,720,000
15gallons of beer per year, including the beer manufactured at
16the brew pub; and (iv) is not a member of or affiliated with,
17directly or indirectly, a manufacturer that produces more than
183,720,000 gallons of beer per year or any other alcoholic
19liquor.
20    Notwithstanding any other provision of this Act, a
21licensed brewer, class 2 brewer, or non-resident dealer who
22before July 1, 2015 manufactured less than 3,720,000 gallons
23of beer per year and held a brew pub license on or before July
241, 2015 may (i) continue to qualify for and hold that brew pub
25license for the licensed premises and (ii) manufacture more
26than 3,720,000 gallons of beer per year and continue to

 

 

HB3495- 48 -LRB102 16894 RPS 22305 b

1qualify for and hold that brew pub license if that brewer,
2class 2 brewer, or non-resident dealer does not simultaneously
3hold a class 1 brewer license and is not a member of or
4affiliated with, directly or indirectly, a manufacturer that
5produces more than 3,720,000 gallons of beer per year or that
6produces any other alcoholic liquor.
7    Except as provided in Section 6-16 or 6-23, nothing in
8this Act shall deny, limit, remove, or restrict the ability of
9a holder of a brew pub license to transfer or ship alcoholic
10liquor to the purchaser for use or consumption subject to any
11applicable local law or ordinance. Except as provided in
12Section 6-16 or 6-23, nothing in this Act shall deny, limit,
13remove, or restrict the ability of a holder of a brew pub
14license to deliver alcoholic liquor to the purchaser for use
15or consumption. The delivery shall be made only within 12
16hours after the alcoholic liquor leaves the licensed premises
17of the brew pub for delivery.
18    Except for a municipality with a population of more than
191,000,000 inhabitants, a home rule unit may not regulate the
20delivery of alcoholic liquor in a manner inconsistent with
21this subsection. This paragraph is a limitation under
22subsection (i) of Section 6 of Article VII of the Illinois
23Constitution on the concurrent exercise by home rule units of
24powers and functions exercised by the State.
25    For the purposes of this subsection, "delivery" means the
26movement of alcoholic liquor purchased from a licensed brew

 

 

HB3495- 49 -LRB102 16894 RPS 22305 b

1pub to a consumer through the following methods:
2        (1) delivery within the licensed brew pub parking lot,
3    including curbside, for pickup by the consumer;
4        (2) delivery by an owner, officer, director,
5    shareholder, or employee of the licensed brew pub; or
6        (3) delivery by a third-party contractor, independent
7    contractor, or agent with whom the licensed brew pub has
8    contracted to make deliveries of alcoholic liquors.
9    Under paragraph (1), (2), or (3) of this subsection,
10"delivery" does not include the use of common carriers.
11    For the purposes of this subsection, "ship" means to move
12alcoholic liquor from a licensed brew pub to a consumer via a
13common carrier.
14    (o) A caterer retailer license shall allow the holder to
15serve alcoholic liquors as an incidental part of a food
16service that serves prepared meals which excludes the serving
17of snacks as the primary meal, either on or off-site whether
18licensed or unlicensed. A caterer retailer license shall allow
19the holder, a distributor, or an importing distributor to
20transfer any inventory to and from the holder's retail
21premises and shall allow the holder to purchase alcoholic
22liquor from a distributor or importing distributor to be
23delivered directly to an off-site event.
24    Nothing in this Act prohibits a distributor or importing
25distributor from offering credit or a refund for unused,
26salable beer to a holder of a caterer retailer license or a

 

 

HB3495- 50 -LRB102 16894 RPS 22305 b

1caterer retailer licensee from accepting a credit or refund
2for unused, salable beer, in the event an act of God is the
3sole reason an off-site event is cancelled and if: (i) the
4holder of a caterer retailer license has not transferred
5alcoholic liquor from its caterer retailer premises to an
6off-site location; (ii) the distributor or importing
7distributor offers the credit or refund for the unused,
8salable beer that it delivered to the off-site premises and
9not for any unused, salable beer that the distributor or
10importing distributor delivered to the caterer retailer's
11premises; and (iii) the unused, salable beer would likely
12spoil if transferred to the caterer retailer's premises. A
13caterer retailer license shall allow the holder to transfer
14any inventory from any off-site location to its caterer
15retailer premises at the conclusion of an off-site event or
16engage a distributor or importing distributor to transfer any
17inventory from any off-site location to its caterer retailer
18premises at the conclusion of an off-site event, provided that
19the distributor or importing distributor issues bona fide
20charges to the caterer retailer licensee for fuel, labor, and
21delivery and the distributor or importing distributor collects
22payment from the caterer retailer licensee prior to the
23distributor or importing distributor transferring inventory to
24the caterer retailer premises.
25    For purposes of this subsection (o), an "act of God" means
26an unforeseeable event, such as a rain or snow storm, hail, a

 

 

HB3495- 51 -LRB102 16894 RPS 22305 b

1flood, or a similar event, that is the sole cause of the
2cancellation of an off-site, outdoor event.
3    (p) An auction liquor license shall allow the licensee to
4sell and offer for sale at auction wine and spirits for use or
5consumption, or for resale by an Illinois liquor licensee in
6accordance with provisions of this Act. An auction liquor
7license will be issued to a person and it will permit the
8auction liquor licensee to hold the auction anywhere in the
9State. An auction liquor license must be obtained for each
10auction at least 14 days in advance of the auction date.
11    (q) A special use permit license shall allow an Illinois
12licensed retailer to transfer a portion of its alcoholic
13liquor inventory from its retail licensed premises to the
14premises specified in the license hereby created; to purchase
15alcoholic liquor from a distributor or importing distributor
16to be delivered directly to the location specified in the
17license hereby created; and to sell or offer for sale at
18retail, only in the premises specified in the license hereby
19created, the transferred or delivered alcoholic liquor for use
20or consumption, but not for resale in any form. A special use
21permit license may be granted for the following time periods:
22one day or less; 2 or more days to a maximum of 15 days per
23location in any 12-month period. An applicant for the special
24use permit license must also submit with the application proof
25satisfactory to the State Commission that the applicant will
26provide dram shop liability insurance to the maximum limits

 

 

HB3495- 52 -LRB102 16894 RPS 22305 b

1and have local authority approval.
2    A special use permit license shall allow the holder to
3transfer any inventory from the holder's special use premises
4to its retail premises at the conclusion of the special use
5event or engage a distributor or importing distributor to
6transfer any inventory from the holder's special use premises
7to its retail premises at the conclusion of an off-site event,
8provided that the distributor or importing distributor issues
9bona fide charges to the special use permit licensee for fuel,
10labor, and delivery and the distributor or importing
11distributor collects payment from the retail licensee prior to
12the distributor or importing distributor transferring
13inventory to the retail premises.
14    Nothing in this Act prohibits a distributor or importing
15distributor from offering credit or a refund for unused,
16salable beer to a special use permit licensee or a special use
17permit licensee from accepting a credit or refund for unused,
18salable beer at the conclusion of the event specified in the
19license if: (i) the holder of the special use permit license
20has not transferred alcoholic liquor from its retail licensed
21premises to the premises specified in the special use permit
22license; (ii) the distributor or importing distributor offers
23the credit or refund for the unused, salable beer that it
24delivered to the premises specified in the special use permit
25license and not for any unused, salable beer that the
26distributor or importing distributor delivered to the

 

 

HB3495- 53 -LRB102 16894 RPS 22305 b

1retailer's premises; and (iii) the unused, salable beer would
2likely spoil if transferred to the retailer premises.
3    (r) A winery shipper's license shall allow a person with a
4first-class or second-class wine manufacturer's license, a
5first-class or second-class wine-maker's license, or a limited
6wine manufacturer's license or who is licensed to make wine
7under the laws of another state to ship wine made by that
8licensee directly to a resident of this State who is 21 years
9of age or older for that resident's personal use and not for
10resale. Prior to receiving a winery shipper's license, an
11applicant for the license must provide the Commission with a
12true copy of its current license in any state in which it is
13licensed as a manufacturer of wine. An applicant for a winery
14shipper's license must also complete an application form that
15provides any other information the Commission deems necessary.
16The application form shall include all addresses from which
17the applicant for a winery shipper's license intends to ship
18wine, including the name and address of any third party,
19except for a common carrier, authorized to ship wine on behalf
20of the manufacturer. The application form shall include an
21acknowledgement consenting to the jurisdiction of the
22Commission, the Illinois Department of Revenue, and the courts
23of this State concerning the enforcement of this Act and any
24related laws, rules, and regulations, including authorizing
25the Department of Revenue and the Commission to conduct audits
26for the purpose of ensuring compliance with Public Act 95-634,

 

 

HB3495- 54 -LRB102 16894 RPS 22305 b

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

 

 

HB3495- 55 -LRB102 16894 RPS 22305 b

1State. Any third-party, except for a common carrier, holding
2such an appointment shall, by February 1 of each calendar year
3and upon request by the State Commission or the Department of
4Revenue, file with the State Commission a statement detailing
5each shipment made to an Illinois resident. The statement
6shall include the name and address of the third-party provider
7filing the statement, the time period covered by the
8statement, and the following information:
9        (1) the name, address, and license number of the
10    winery shipper on whose behalf the shipment was made;
11        (2) the quantity of the products delivered; and
12        (3) the date and address of the shipment.
13If the Department of Revenue or the State Commission requests
14a statement under this paragraph, the third-party provider
15must provide that statement no later than 30 days after the
16request is made. Any books, records, supporting papers, and
17documents containing information and data relating to a
18statement under this paragraph shall be kept and preserved for
19a period of 3 years, unless their destruction sooner is
20authorized, in writing, by the Director of Revenue, and shall
21be open and available to inspection by the Director of Revenue
22or the State Commission or any duly authorized officer, agent,
23or employee of the State Commission or the Department of
24Revenue, at all times during business hours of the day. Any
25person who violates any provision of this paragraph or any
26rule of the State Commission for the administration and

 

 

HB3495- 56 -LRB102 16894 RPS 22305 b

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

 

 

HB3495- 57 -LRB102 16894 RPS 22305 b

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

 

 

HB3495- 58 -LRB102 16894 RPS 22305 b

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

 

 

HB3495- 59 -LRB102 16894 RPS 22305 b

1and operated by the same licensee to importing distributors
2and distributors and to non-licensees for use and consumption,
3(iii) store the spirits upon the premises, (iv) sell and offer
4for sale at retail from the licensed premises for off-premises
5consumption no more than 5,000 gallons per year so long as such
6sales are only made in-person, (v) sell and offer for sale at
7retail for use and consumption on the premises specified in
8the license any form of alcoholic liquor purchased from a
9licensed distributor or importing distributor, and (vi) with
10the prior approval of the State Commission, annually transfer
11no more than 5,000 gallons of spirits manufactured on the
12premises to a licensed distilling pub wholly owned and
13operated by the same licensee.
14    A distilling pub licensee shall not under any circumstance
15sell or offer for sale spirits manufactured by the distilling
16pub licensee to retail licensees.
17    A person who holds a class 2 craft distiller license may
18simultaneously hold a distilling pub license if the class 2
19craft distiller (i) does not, under any circumstance, sell or
20offer for sale spirits manufactured by the class 2 craft
21distiller to retail licensees; (ii) does not hold more than 3
22distilling pub licenses in this State; (iii) does not
23manufacture more than a combined 100,000 gallons of spirits
24per year, including the spirits manufactured at the distilling
25pub; and (iv) is not a member of or affiliated with, directly
26or indirectly, a manufacturer that produces more than 100,000

 

 

HB3495- 60 -LRB102 16894 RPS 22305 b

1gallons of spirits per year or any other alcoholic liquor.
2    Except as provided in Section 6-16 or 6-23, nothing in
3this Act shall deny, limit, remove, or restrict the ability of
4a holder of a distilling pub license to transfer or ship
5alcoholic liquor to the purchaser for use or consumption
6subject to any applicable local law or ordinance. Except as
7provided in Section 6-16 or 6-23, nothing in this Act shall
8deny, limit, remove, or restrict the ability of a holder of a
9distilling pub license to deliver alcoholic liquor to the
10purchaser for use or consumption. The delivery shall be made
11only within 12 hours after the alcoholic liquor leaves the
12licensed premises of the distilling pub for delivery.
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 in a manner inconsistent with
16this subsection. This paragraph is a limitation under
17subsection (i) of Section 6 of Article VII of the Illinois
18Constitution on the concurrent exercise by home rule units of
19powers and functions exercised by the State.
20    For the purposes of this subsection, "delivery" means the
21movement of alcoholic liquor purchased from a licensed
22distilling pub to a consumer through the following methods:
23        (1) delivery within the licensed distilling pub
24    parking lot, including curbside, for pickup by the
25    consumer;
26        (2) delivery by an owner, officer, director,

 

 

HB3495- 61 -LRB102 16894 RPS 22305 b

1    shareholder, or employee of the licensed distilling pub;
2    or
3        (3) delivery by a third-party contractor, independent
4    contractor, or agent with whom the licensed distilling pub
5    has contracted to make deliveries of alcoholic liquors.
6    Under paragraph (1), (2), or (3) of this subsection,
7"delivery" does not include the use of common carriers.
8    For the purposes of this subsection, "ship" means to move
9alcoholic liquor from a licensed distilling pub to a consumer
10via a common carrier.
11    (v) A craft distiller warehouse permit may be issued to
12the holder of a class 1 craft distiller or class 2 craft
13distiller license. The craft distiller warehouse permit shall
14allow the holder to store or warehouse up to 500,000 gallons of
15spirits manufactured by the holder of the permit at the
16premises specified on the permit. Sales to non-licensees are
17prohibited at the premises specified in the craft distiller
18warehouse permit.
19    (w) A brewery shipper's license shall allow a person with
20a brewer license or who is licensed to make beer under the laws
21of another state to ship beer directly to a resident of this
22State who is 21 years of age or older for that resident's
23personal use and not for resale. Prior to receiving a brewery
24shipper's license, an applicant for the license must provide
25the State Commission with a true copy of its current license in
26any state in which it is licensed as a brewer. An applicant for

 

 

HB3495- 62 -LRB102 16894 RPS 22305 b

1a brewery shipper's license must also complete an application
2form that provides any other information the State Commission
3deems necessary. The application form shall include an
4acknowledgement consenting to the jurisdiction of the State
5Commission, the Illinois Department of Revenue, and the courts
6of this State concerning the enforcement of this Act and any
7related laws, rules, and regulations, including authorizing
8the Department of Revenue and the State Commission to conduct
9audits for the purpose of ensuring compliance with this
10amendatory Act of the 102nd General Assembly.
11    A brewery shipper's licensee must pay to the Department of
12Revenue the State liquor gallonage tax under Section 8-1 for
13all beer that is sold by the licensee and shipped to a person
14in this State. For the purposes of Section 8-1, an
15out-of-state brewery shipper's licensee shall be taxed in the
16same manner as a manufacturer of beer. A licensee who is not
17otherwise required to register under the Retailers' Occupation
18Tax Act must register under the Use Tax Act to collect and
19remit use tax to the Department of Revenue for all gallons of
20beer that are sold by the licensee and shipped to persons in
21this State. If a licensee fails to remit the tax imposed under
22this Act in accordance with the provisions of Article VIII of
23this Act, the brewery shipper's license shall be revoked in
24accordance with the provisions of Article VII of this Act. If a
25licensee fails to properly register and remit tax under the
26Use Tax Act or the Retailers' Occupation Tax Act for all beer

 

 

HB3495- 63 -LRB102 16894 RPS 22305 b

1that is sold by the brewery shipper and shipped to persons in
2this State, the brewery shipper's license shall be revoked in
3accordance with the provisions of Article VII of this Act.
4    A brewery shipper's licensee must collect, maintain, and
5submit to the State Commission on a semi-annual basis the
6total gallons of beer per resident shipped to residents of
7this State. A brewery shipper licensed under this subsection
8must comply with the requirements of Section 6-29 of this Act.
9    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
10Section 3-12, the State Commission may receive, respond to,
11and investigate any complaint and impose any of the remedies
12specified in paragraph (1) of subsection (a) of Section 3-12.
13    (x) A distillery shipper's license shall allow a person
14with a distiller license or who is licensed to make spirits
15under the laws of another state to ship spirits directly to a
16resident of this State who is 21 years of age or older for that
17resident's personal use and not for resale. Prior to receiving
18a distillery shipper's license, an applicant for the license
19must provide the State Commission with a true copy of its
20current license in any state in which it is licensed as a
21distiller. An applicant for a distillery shipper's license
22must also complete an application form that provides any other
23information the State Commission deems necessary. The
24application form shall include an acknowledgement consenting
25to the jurisdiction of the State Commission, the Illinois
26Department of Revenue, and the courts of this State concerning

 

 

HB3495- 64 -LRB102 16894 RPS 22305 b

1the enforcement of this Act and any related laws, rules, and
2regulations, including authorizing the Department of Revenue
3and the State Commission to conduct audits for the purpose of
4ensuring compliance with this amendatory Act of the 102nd
5General Assembly.
6    A distillery shipper's licensee must pay to the Department
7of Revenue the State liquor gallonage tax under Section 8-1
8for all spirits that are sold by the licensee and shipped to a
9person in this State. For the purposes of Section 8-1, an
10out-of-state distillery shipper's licensee shall be taxed in
11the same manner as a manufacturer of spirits. A licensee who is
12not otherwise required to register under the Retailers'
13Occupation Tax Act must register under the Use Tax Act to
14collect and remit use tax to the Department of Revenue for all
15gallons of spirits that are sold by the licensee and shipped to
16persons in this State. If a licensee fails to remit the tax
17imposed under this Act in accordance with the provisions of
18Article VIII of this Act, the distillery shipper's license
19shall be revoked in accordance with the provisions of Article
20VII of this Act. If a licensee fails to properly register and
21remit tax under the Use Tax Act or the Retailers' Occupation
22Tax Act for all spirits that is sold by the distillery shipper
23and shipped to persons in this State, the distillery shipper's
24license shall be revoked in accordance with the provisions of
25Article VII of this Act.
26    A distillery shipper's licensee must collect, maintain,

 

 

HB3495- 65 -LRB102 16894 RPS 22305 b

1and submit to the State Commission on a semi-annual basis the
2total gallons of spirits per resident shipped to residents of
3this State. A distillery shipper licensed under this
4subsection must comply with the requirements of Section 6-29
5of this Act.
6    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
7Section 3-12, the State Commission may receive, respond to,
8and investigate any complaint and impose any of the remedies
9specified in paragraph (1) of subsection (a) of Section 3-12.
10(Source: P.A. 100-17, eff. 6-30-17; 100-201, eff. 8-18-17;
11100-816, eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff.
128-23-18; 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; 101-81,
13eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. 8-23-19;
14101-615, eff. 12-20-19.)
 
15    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
16    Sec. 5-3. License fees. Except as otherwise provided
17herein, at the time application is made to the State
18Commission for a license of any class, the applicant shall pay
19to the State Commission the fee hereinafter provided for the
20kind of license applied for.
21    The fee for licenses issued by the State Commission shall
22be as follows:
23OnlineInitial
24renewallicense
25 or

 

 

HB3495- 66 -LRB102 16894 RPS 22305 b

1 non-online
2 renewal
3    For a manufacturer's license:
4    Class 1. Distiller .................$4,000$5,000
5    Class 2. Rectifier .................4,000 5,000
6    Class 3. Brewer ....................1,200 1,500
7    Class 4. First-class Wine
8        Manufacturer ...................750900
9    Class 5. Second-class
10        Wine Manufacturer ..............1,500 1,750
11    Class 6. First-class wine-maker ....750 900
12    Class 7. Second-class wine-maker ...1,500 1,750
13    Class 8. Limited Wine
14        Manufacturer....................250 350
15    Class 9. Craft Distiller............ $2,000 $2,500
16    Class 10. Class 1 Craft Distiller... 50 75
17    Class 11. Class 2 Craft Distiller... 75 100
18    Class 12. Class 1 Brewer............50 75
19    Class 13. Class 2 Brewer............ 75 100
20    For a Brew Pub License..............1,2001,500
21    For a Distilling Pub License........ 1,200 1,500
22    For a caterer retailer's license....350 500
23    For a foreign importer's license ...25 25
24    For an importing distributor's
25        license.........................2525
26    For a distributor's license

 

 

HB3495- 67 -LRB102 16894 RPS 22305 b

1        (11,250,000 gallons
2        or over)........................1,4502,200
3    For a distributor's license
4        (over 4,500,000 gallons, but
5        under 11,250,000 gallons)....... 9501,450
6    For a distributor's license
7        (4,500,000 gallons or under)....300450
8    For a non-resident dealer's license
9        (500,000 gallons or over) ......1,200 1,500
10    For a non-resident dealer's license
11        (under 500,000 gallons) ........250 350
12    For a wine-maker's premises
13        license ........................250500
14    For a winery shipper's license
15        (under 250,000 gallons).........200 350
16    For a winery shipper's license
17        (250,000 or over, but
18        under 500,000 gallons)..........7501,000
19    For a winery shipper's license
20        (500,000 gallons or over).......1,200 1,500
21    For a wine-maker's premises
22        license, second location .......500 1,000
23    For a wine-maker's premises
24        license, third location ........5001,000
25    For a retailer's license ...........600 750
26    For a special event retailer's

 

 

HB3495- 68 -LRB102 16894 RPS 22305 b

1        license, (not-for-profit) ......25 25
2    For a special use permit license,
3        one day only ...................100 150
4        2 days or more .................150 250
5    For a railroad license .............100 150
6    For a boat license .................500 1,000
7    For an airplane license, times the
8        licensee's maximum number of
9        aircraft in flight, serving
10        liquor over the State at any
11        given time, which either
12        originate, terminate, or make
13        an intermediate stop in
14        the State.......................100150
15    For a non-beverage user's license:
16        Class 1 ........................2424
17        Class 2 ........................6060
18        Class 3 ........................120120
19        Class 4 ........................240240
20        Class 5 ........................600600
21    For a broker's license .............750 1,000
22    For an auction liquor license ......100 150
23    For a homebrewer special
24        event permit....................2525
25    For a craft distiller
26        tasting permit..................25 25

 

 

HB3495- 69 -LRB102 16894 RPS 22305 b

1    For a BASSET trainer license........ 300 350
2    For a tasting representative
3        license.........................200300
4    For a brewer warehouse permit....... 2525
5    For a craft distiller
6        warehouse permit...............25 25
7    For a brewery shipper's license
8        (under 3,720,000 gallons)....... 200 350
9    For a brewery shipper's license
10        (3,720,000 gallons or over)..... 1,200 1,500
11    For a distillery shipper's license
12        (under 100,000 gallons)......... 200 350
13    For a distillery shipper's license
14        (100,000 gallons or over)....... 1,200 1,500
15    Fees collected under this Section shall be paid into the
16Dram Shop Fund. On and after July 1, 2003 and until June 30,
172016, of the funds received for a retailer's license, in
18addition to the first $175, an additional $75 shall be paid
19into the Dram Shop Fund, and $250 shall be paid into the
20General Revenue Fund. On and after June 30, 2016, one-half of
21the funds received for a retailer's license shall be paid into
22the Dram Shop Fund and one-half of the funds received for a
23retailer's license shall be paid into the General Revenue
24Fund. Beginning June 30, 1990 and on June 30 of each subsequent
25year through June 29, 2003, any balance over $5,000,000
26remaining in the Dram Shop Fund shall be credited to State

 

 

HB3495- 70 -LRB102 16894 RPS 22305 b

1liquor licensees and applied against their fees for State
2liquor licenses for the following year. The amount credited to
3each licensee shall be a proportion of the balance in the Dram
4Fund that is the same as the proportion of the license fee paid
5by the licensee under this Section for the period in which the
6balance was accumulated to the aggregate fees paid by all
7licensees during that period.
8    No fee shall be paid for licenses issued by the State
9Commission to the following non-beverage users:
10        (a) Hospitals, sanitariums, or clinics when their use
11    of alcoholic liquor is exclusively medicinal, mechanical
12    or scientific.
13        (b) Universities, colleges of learning or schools when
14    their use of alcoholic liquor is exclusively medicinal,
15    mechanical or scientific.
16        (c) Laboratories when their use is exclusively for the
17    purpose of scientific research.
18(Source: P.A. 100-201, eff. 8-18-17; 100-816, eff. 8-13-18;
19101-482, eff. 8-23-19; 101-615, eff. 12-20-19; revised
208-19-20.)
 
21    (235 ILCS 5/6-4)  (from Ch. 43, par. 121)
22    Sec. 6-4. (a) No person licensed by any licensing
23authority as a distiller, or a wine manufacturer, or any
24subsidiary or affiliate thereof, or any officer, associate,
25member, partner, representative, employee, agent or

 

 

HB3495- 71 -LRB102 16894 RPS 22305 b

1shareholder owning more than 5% of the outstanding shares of
2such person shall be issued an importing distributor's or
3distributor's license, nor shall any person licensed by any
4licensing authority as an importing distributor, distributor
5or retailer, or any subsidiary or affiliate thereof, or any
6officer or associate, member, partner, representative,
7employee, agent or shareholder owning more than 5% of the
8outstanding shares of such person be issued a distiller's
9license, a craft distiller's license, or a wine manufacturer's
10license; and no person or persons licensed as a distiller,
11craft distiller, class 1 craft distiller, or class 2 craft
12distiller by any licensing authority shall have any interest,
13directly or indirectly, with such distributor or importing
14distributor.
15    However, an importing distributor or distributor, which on
16January 1, 1985 is owned by a brewer, or any subsidiary or
17affiliate thereof or any officer, associate, member, partner,
18representative, employee, agent or shareholder owning more
19than 5% of the outstanding shares of the importing distributor
20or distributor referred to in this paragraph, may own or
21acquire an ownership interest of more than 5% of the
22outstanding shares of a wine manufacturer and be issued a wine
23manufacturer's license by any licensing authority.
24    (b) The foregoing provisions shall not apply to any person
25licensed by any licensing authority as a distiller or wine
26manufacturer, or to any subsidiary or affiliate of any

 

 

HB3495- 72 -LRB102 16894 RPS 22305 b

1distiller or wine manufacturer who shall have been heretofore
2licensed by the State Commission as either an importing
3distributor or distributor during the annual licensing period
4expiring June 30, 1947, and shall actually have made sales
5regularly to retailers.
6    (c) Provided, however, that in such instances where a
7distributor's or importing distributor's license has been
8issued to any distiller or wine manufacturer or to any
9subsidiary or affiliate of any distiller or wine manufacturer
10who has, during the licensing period ending June 30, 1947,
11sold or distributed as such licensed distributor or importing
12distributor alcoholic liquors and wines to retailers, such
13distiller or wine manufacturer or any subsidiary or affiliate
14of any distiller or wine manufacturer holding such
15distributor's or importing distributor's license may continue
16to sell or distribute to retailers such alcoholic liquors and
17wines which are manufactured, distilled, processed or marketed
18by distillers and wine manufacturers whose products it sold or
19distributed to retailers during the whole or any part of its
20licensing periods; and such additional brands and additional
21products may be added to the line of such distributor or
22importing distributor, provided, that such brands and such
23products were not sold or distributed by any distributor or
24importing distributor licensed by the State Commission during
25the licensing period ending June 30, 1947, but can not sell or
26distribute to retailers any other alcoholic liquors or wines.

 

 

HB3495- 73 -LRB102 16894 RPS 22305 b

1    (d) It shall be unlawful for any distiller licensed
2anywhere to have any stock ownership or interest in any
3distributor's or importing distributor's license wherein any
4other person has an interest therein who is not a distiller and
5does not own more than 5% of any stock in any distillery.
6Nothing herein contained shall apply to such distillers or
7their subsidiaries or affiliates, who had a distributor's or
8importing distributor's license during the licensing period
9ending June 30, 1947, which license was owned in whole by such
10distiller, or subsidiaries or affiliates of such distiller.
11    (e) Any person licensed as a brewer, class 1 brewer, or
12class 2 brewer shall be permitted to sell on the licensed
13premises to non-licensees for on or off-premises consumption
14for the premises in which he or she actually conducts such
15business: (i) beer manufactured by the brewer, class 1 brewer,
16or class 2 brewer; (ii) beer manufactured by any other brewer,
17class 1 brewer, or class 2 brewer; and (iii) cider. Such sales
18shall be limited to on-premises, in-person sales only, for
19lawful consumption on or off premises. Such authorization
20shall be considered a privilege granted by the brewer license
21and, other than a manufacturer of beer as stated above, no
22manufacturer or distributor or importing distributor,
23excluding airplane licensees exercising powers provided in
24paragraph (i) of Section 5-1 of this Act, or any subsidiary or
25affiliate thereof, or any officer, associate, member, partner,
26representative, employee or agent, or shareholder shall be

 

 

HB3495- 74 -LRB102 16894 RPS 22305 b

1issued a retailer's license, nor shall any person having a
2retailer's license, excluding airplane licensees exercising
3powers provided in paragraph (i) of Section 5-1 of this Act, or
4any subsidiary or affiliate thereof, or any officer,
5associate, member, partner, representative or agent, or
6shareholder be issued a manufacturer's license or importing
7distributor's license.
8    A manufacturer of beer that imports or transfers beer into
9this State must comply with Sections 6-8 and 8-1 of this Act.
10    A person who holds a class 1 or class 2 brewer license and
11is authorized by this Section to sell beer to non-licensees
12shall not sell beer to non-licensees from more than 3 total
13brewer or commonly owned brew pub licensed locations in this
14State. The class 1 or class 2 brewer shall designate to the
15State Commission the brewer or brew pub locations from which
16it will sell beer to non-licensees.
17    A person licensed as a class 1 craft distiller or a class 2
18craft distiller, including a person who holds more than one
19class 1 craft distiller or class 2 craft distiller license,
20not affiliated with any other person manufacturing spirits may
21be authorized by the State Commission to sell (1) up to 5,000
22gallons of spirits produced by the person to non-licensees for
23on or off-premises consumption for the premises in which he or
24she actually conducts business permitting only the retail sale
25of spirits manufactured at such premises and (2) vermouth
26purchased through a licensed distributor for on-premises

 

 

HB3495- 75 -LRB102 16894 RPS 22305 b

1consumption. Such sales shall be limited to on-premises,
2in-person sales only, for lawful consumption on or off
3premises, and such authorization shall be considered a
4privilege granted by the class 1 craft distiller or class 2
5craft distiller license. A class 1 craft distiller or class 2
6craft distiller licensed for retail sale shall secure liquor
7liability insurance coverage in an amount at least equal to
8the maximum liability amounts set forth in subsection (a) of
9Section 6-21 of this Act.
10    A class 1 craft distiller or class 2 craft distiller
11license holder shall not deliver any alcoholic liquor to any
12non-licensee off the licensed premises. A class 1 craft
13distiller or class 2 craft distiller shall affirm in its
14annual license application that it does not produce more than
1550,000 or 100,000 gallons of distilled spirits annually,
16whichever is applicable, and that the craft distiller does not
17sell more than 5,000 gallons of spirits to non-licensees for
18on or off-premises consumption. In the application, which
19shall be sworn under penalty of perjury, the class 1 craft
20distiller or class 2 craft distiller shall state the volume of
21production and sales for each year since the class 1 craft
22distiller's or class 2 craft distiller's establishment.
23    A person who holds a class 1 craft distiller or class 2
24craft distiller license and is authorized by this Section to
25sell spirits to non-licensees shall not sell spirits to
26non-licensees from more than 3 total distillery or commonly

 

 

HB3495- 76 -LRB102 16894 RPS 22305 b

1owned distilling pub licensed locations in this State. The
2class 1 craft distiller or class 2 craft distiller shall
3designate to the State Commission the distillery or distilling
4pub locations from which it will sell spirits to
5non-licensees.
6    (f) (Blank).
7    (f-5) Except as provided in Section 6-16 or 6-23, nothing
8in this Act shall deny, limit, remove, or restrict the ability
9of a holder of a brewer, class 1 brewer, class 2 brewer, class
101 craft distiller, or class 2 craft distiller license to
11transfer or deliver alcoholic liquor to the purchaser for use
12or consumption subject to any applicable local law or
13ordinance. Except as provided in Section 6-16 or 6-23, nothing
14in this Act shall deny, limit, remove, or restrict the ability
15of a holder of a brewer, class 1 brewer, class 2 brewer, class
161 craft distiller, or class 2 craft distiller license to
17deliver alcoholic liquor to the purchaser for use or
18consumption. The delivery shall be made only within 12 hours
19after the alcoholic liquor leaves the licensed premises for
20delivery.
21    Except for a municipality with a population of more than
221,000,000 inhabitants, a home rule unit may not regulate the
23delivery of alcoholic liquor in a manner inconsistent with
24this subsection. This paragraph is a limitation under
25subsection (i) of Section 6 of Article VII of the Illinois
26Constitution on the concurrent exercise by home rule units of

 

 

HB3495- 77 -LRB102 16894 RPS 22305 b

1powers and functions exercised by the State.
2    For the purposes of this subsection, "delivery" means the
3movement of alcoholic liquor purchased from a licensed brewer,
4class 1 craft brewer, class 2 brewer, class 1 craft distiller,
5or class 2 craft distiller to a consumer through the following
6methods:
7        (1) delivery within the licensed premises parking lot,
8    including curbside, for pickup by the consumer;
9        (2) delivery by an owner, officer, director,
10    shareholder, or employee of the licensed manufacturer; or
11        (3) delivery by a third-party contractor, independent
12    contractor, or agent with whom the licensed manufacturer
13    has contracted to make deliveries of alcoholic liquors.
14    Under paragraph (1), (2), or (3) of this subsection,
15"delivery" does not include the use of common carriers.
16    For the purposes of this subsection, "ship" means to move
17alcoholic liquor from a licensed manufacturer to a consumer
18via a common carrier.
19    (g) Notwithstanding any of the foregoing prohibitions, a
20limited wine manufacturer may sell at retail at its
21manufacturing site for on or off premises consumption and may
22sell to distributors. A limited wine manufacturer licensee
23shall secure liquor liability insurance coverage in an amount
24at least equal to the maximum liability amounts set forth in
25subsection (a) of Section 6-21 of this Act.
26    (h) The changes made to this Section by Public Act 99-47

 

 

HB3495- 78 -LRB102 16894 RPS 22305 b

1shall not diminish or impair the rights of any person, whether
2a distiller, wine manufacturer, agent, or affiliate thereof,
3who requested in writing and submitted documentation to the
4State Commission on or before February 18, 2015 to be approved
5for a retail license pursuant to what has heretofore been
6subsection (f); provided that, on or before that date, the
7State Commission considered the intent of that person to apply
8for the retail license under that subsection and, by recorded
9vote, the State Commission approved a resolution indicating
10that such a license application could be lawfully approved
11upon that person duly filing a formal application for a retail
12license and if that person, within 90 days of the State
13Commission appearance and recorded vote, first filed an
14application with the appropriate local commission, which
15application was subsequently approved by the appropriate local
16commission prior to consideration by the State Commission of
17that person's application for a retail license. It is further
18provided that the State Commission may approve the person's
19application for a retail license or renewals of such license
20if such person continues to diligently adhere to all
21representations made in writing to the State Commission on or
22before February 18, 2015, or thereafter, or in the affidavit
23filed by that person with the State Commission to support the
24issuance of a retail license and to abide by all applicable
25laws and duly adopted rules.
26(Source: P.A. 100-201, eff. 8-18-17; 100-816, eff. 8-13-18;

 

 

HB3495- 79 -LRB102 16894 RPS 22305 b

1100-885, eff. 8-14-18; 101-81, eff. 7-12-19; 101-482, eff.
28-23-19; 101-615, eff. 12-20-19.)
 
3    (235 ILCS 5/6-28.8)
4    (Section scheduled to be repealed on June 2, 2021)
5    Sec. 6-28.8. Delivery and carry out of mixed drinks
6permitted.
7    (a) In this Section:
8    "Cocktail" or "mixed drink" means any beverage obtained by
9combining ingredients alcoholic in nature, whether brewed,
10fermented, or distilled, with ingredients non-alcoholic in
11nature, such as fruit juice, lemonade, cream, or a carbonated
12beverage.
13    "Original container" means, for the purposes of this
14Section only, a container that is filled, sealed, and secured
15by a retail or class 1 craft distiller licensee's employee at
16the retail licensee's location with a tamper-evident lid or
17cap.
18    "Sealed container" means a rigid container that contains a
19mixed drink, is new, has never been used, has a secured lid or
20cap designed to prevent consumption without removal of the lid
21or cap, and is tamper-evident. "Sealed container" does not
22include a container with a lid with sipping holes or openings
23for straws or a container made of plastic, paper, or
24polystyrene foam.
25    "Tamper-evident" means a lid or cap that has been sealed

 

 

HB3495- 80 -LRB102 16894 RPS 22305 b

1with tamper-evident covers, including, but not limited to, wax
2dip or heat shrink wrap.
3    (b) A cocktail or mixed drink placed in a sealed container
4by a retail or class 1 craft distiller licensee at the retail
5licensee's location may be transferred and sold for
6off-premises consumption if the following requirements are
7met:
8        (1) the cocktail is transferred within the licensed
9    premises, by a curbside pickup, or by delivery by an
10    employee of the retail or class 1 craft distiller licensee
11    who:
12            (A) has been trained in accordance with Section
13        6-27.1 at the time of the sale;
14            (B) is at least 21 years of age; and
15            (C) upon delivery, verifies the age of the person
16        to whom the cocktail is being delivered;
17        (2) if the employee delivering the cocktail is not
18    able to safely verify a person's age or level of
19    intoxication upon delivery, the employee shall cancel the
20    sale of alcohol and return the product to the retail or
21    class 1 craft distiller license holder;
22        (3) the sealed container is placed in the trunk of the
23    vehicle or if there is no trunk, in the vehicle's rear
24    compartment that is not readily accessible to the
25    passenger area;
26        (4) the sealed container shall be affixed with a label

 

 

HB3495- 81 -LRB102 16894 RPS 22305 b

1    or tag that contains the following information:
2            (A) the cocktail or mixed drink ingredients, type,
3        and name of the alcohol;
4            (B) the name, license number, and address of the
5        retail or class 1 craft distiller licensee that filled
6        the original container and sold the product;
7            (C) the volume of the cocktail or mixed drink in
8        the sealed container; and
9            (D) the sealed container was filled less than 7
10        days before the date of sale.
11    (c) Third-party delivery services are not permitted to
12deliver cocktails and mixed drinks under this Section.
13    (d) If there is an executive order of the Governor in
14effect during a disaster, the employee delivering the mixed
15drink or cocktail must comply with any requirements of that
16executive order, including, but not limited to, wearing gloves
17and a mask and maintaining distancing requirements when
18interacting with the public.
19    (e) Delivery or carry out of a cocktail or mixed drink is
20prohibited if:
21        (1) a third party delivers the cocktail or mixed
22    drink;
23        (2) a container of a mixed drink or cocktail is not
24    tamper-evident and sealed;
25        (3) a container of a mixed drink or cocktail is
26    transported in the passenger area of a vehicle;

 

 

HB3495- 82 -LRB102 16894 RPS 22305 b

1        (4) a mixed drink or cocktail is delivered by a person
2    or to a person who is under the age of 21; or
3        (5) the person delivering a mixed drink or cocktail
4    fails to verify the age of the person to whom the mixed
5    drink or cocktail is being delivered.
6    (f) Violations of this Section shall be subject to any
7applicable penalties, including, but not limited to, the
8penalties specified under Section 11-502 of the Illinois
9Vehicle Code.
10    (f-5) This Section is not intended to prohibit or preempt
11the ability of a brew pub, tap room, or distilling pub to
12continue to temporarily deliver alcoholic liquor pursuant to
13guidance issued by the State Commission on March 19, 2020
14entitled "Illinois Liquor Control Commission, COVID-19 Related
15Actions, Guidance on Temporary Delivery of Alcoholic Liquor".
16This Section shall only grant authorization to holders of
17State of Illinois retail liquor licenses as described in
18subsection (d), (i), (n), or (u) of Section 5-1 or class 1
19craft distillers but not to licensees that simultaneously hold
20any licensure or privilege to manufacture alcoholic liquors
21within or outside of the State of Illinois.
22    (g) This Section is not a denial or limitation of home rule
23powers and functions under Section 6 of Article VII of the
24Illinois Constitution.
25    (h) (Blank). This Section is repealed one year after the
26effective date of this amendatory Act of the 101st General

 

 

HB3495- 83 -LRB102 16894 RPS 22305 b

1Assembly.
2(Source: P.A. 101-631, eff. 6-2-20.)
 
3    (235 ILCS 5/6-29.05 new)
4    Sec. 6-29.05. Brewery shipper's license.
5    (a) The General Assembly declares that the following is
6the intent of this Section:
7        (1) To authorize direct shipment of beer by an
8    out-of-state brewer on the same basis permitted an
9    in-state brewer pursuant to the authority of the State
10    under the provisions of Section 2 of the Twenty-First
11    Amendment to the United States Constitution and in
12    conformance with the United States Supreme Court decision
13    decided on May 16, 2005 in Granholm v. Heald.
14        (2) To reaffirm that the General Assembly's findings
15    and declarations that selling alcoholic liquor through
16    various direct marketing means such as catalogs,
17    newspapers, mailings, and the Internet directly to
18    consumers of this State poses a serious threat to the
19    State's efforts to further temperance and prevent youth
20    from accessing alcoholic liquor and the expansion of youth
21    access to additional types of alcoholic liquors.
22        (3) To maintain the State's broad powers granted by
23    Section 2 of the Twenty-First Amendment to the United
24    States Constitution to control the importation or sale of
25    alcoholic liquor and its right to structure its alcoholic

 

 

HB3495- 84 -LRB102 16894 RPS 22305 b

1    liquor distribution system.
2        (4) To ensure that the General Assembly, by
3    authorizing limited direct shipment of beer to meet the
4    directives of the United States Supreme Court, does not
5    intend to impair or modify the State's distribution of
6    beer through distributors or importing distributors, but
7    only to permit limited shipment of beer for personal use.
8        (5) To provide that, in the event that a court of
9    competent jurisdiction declares or finds that this
10    Section, which is enacted to conform Illinois law to the
11    United States Supreme Court decision, is invalid or
12    unconstitutional, the Illinois General Assembly at its
13    earliest general session shall conduct hearings and study
14    methods to conform to any directive or order of the court
15    consistent with the temperance and revenue collection
16    purposes of this Act.
17    (b) Notwithstanding any other provision of law, a brewery
18shipper's licensee may ship, for personal use and not for
19resale, not more than 12 cases of beer per year to any resident
20of this State who is 21 years of age or older.
21    (c) Notwithstanding any other provision of law, sale and
22shipment by a brewery shipper's licensee pursuant to this
23Section shall be deemed to constitute a sale in this State.
24    (d) The shipping container of any beer shipped under this
25Section shall be clearly labeled with the following words:
26"CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF AGE OR

 

 

HB3495- 85 -LRB102 16894 RPS 22305 b

1OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY MUST BE
2SHOWN BEFORE DELIVERY.". This warning must be prominently
3displayed on the packaging. A licensee shall require the
4transporter or common carrier that delivers the beer to obtain
5the signature of a person 21 years of age or older at the
6delivery address at the time of delivery. At the expense of the
7licensee, the licensee shall receive a delivery confirmation
8from the express company, common carrier, or contract carrier
9indicating the location of the delivery, time of delivery, and
10the name and signature of the individual 21 years of age or
11older who accepts delivery. The State Commission shall design
12and create a label or approve a label that must be affixed to
13the shipping container by the licensee.
14    (e) No broker within this State shall solicit consumers to
15engage in direct beer shipments under this Section.
16    (f) It is not the intent of this Section to impair the
17distribution of beer through distributors or importing
18distributors, but only to permit shipments of beer for
19personal use.
 
20    (235 ILCS 5/6-29.06 new)
21    Sec. 6-29.06. Distillery shipper's license.
22    (a) The General Assembly declares that the following is
23the intent of this Section:
24        (1) To authorize direct shipment of spirits by an
25    out-of-state distiller on the same basis permitted an

 

 

HB3495- 86 -LRB102 16894 RPS 22305 b

1    in-state distiller pursuant to the authority of the State
2    under the provisions of Section 2 of the Twenty-First
3    Amendment to the United States Constitution and in
4    conformance with the United States Supreme Court decision
5    decided on May 16, 2005 in Granholm v. Heald.
6        (2) To reaffirm that the General Assembly's findings
7    and declarations that selling alcoholic liquor through
8    various direct marketing means such as catalogs,
9    newspapers, mailings, and the Internet directly to
10    consumers of this State poses a serious threat to the
11    State's efforts to further temperance and prevent youth
12    from accessing alcoholic liquor and the expansion of youth
13    access to additional types of alcoholic liquors.
14        (3) To maintain the State's broad powers granted by
15    Section 2 of the Twenty-First Amendment to the United
16    States Constitution to control the importation or sale of
17    alcoholic liquor and its right to structure its alcoholic
18    liquor distribution system.
19        (4) To ensure that the General Assembly, by
20    authorizing limited direct shipment of spirits to meet the
21    directives of the United States Supreme Court, does not
22    intend to impair or modify the State's distribution of
23    spirits through distributors or importing distributors,
24    but only to permit limited shipment of spirits for
25    personal use.
26        (5) To provide that, in the event that a court of

 

 

HB3495- 87 -LRB102 16894 RPS 22305 b

1    competent jurisdiction declares or finds that this
2    Section, which is enacted to conform Illinois law to the
3    United States Supreme Court decision, is invalid or
4    unconstitutional, the Illinois General Assembly at its
5    earliest general session shall conduct hearings and study
6    methods to conform to any directive or order of the court
7    consistent with the temperance and revenue collection
8    purposes of this Act.
9    (b) Notwithstanding any other provision of law, a
10distillery shipper's licensee may ship, for personal use and
11not for resale, not more than 12 cases of spirits per year to
12any resident of this State who is 21 years of age or older.
13    (c) Notwithstanding any other provision of law, sale and
14shipment by a distillery shipper's licensee pursuant to this
15Section shall be deemed to constitute a sale in this State.
16    (d) The shipping container of any spirit shipped under
17this Section shall be clearly labeled with the following
18words: "CONTAINS ALCOHOL. SIGNATURE OF A PERSON 21 YEARS OF
19AGE OR OLDER REQUIRED FOR DELIVERY. PROOF OF AGE AND IDENTITY
20MUST BE SHOWN BEFORE DELIVERY.". This warning must be
21prominently displayed on the packaging. A licensee shall
22require the transporter or common carrier that delivers the
23spirits to obtain the signature of a person 21 years of age or
24older at the delivery address at the time of delivery. At the
25expense of the licensee, the licensee shall receive a delivery
26confirmation from the express company, common carrier, or

 

 

HB3495- 88 -LRB102 16894 RPS 22305 b

1contract carrier indicating the location of the delivery, time
2of delivery, and the name and signature of the individual 21
3years of age or older who accepts delivery. The State
4Commission may design and create a label or approve a label
5that must be affixed to the shipping container by the
6licensee.
7    (e) No broker within this State shall solicit consumers to
8engage in direct spirit shipments under this Section.
9    (f) It is not the intent of this Section to impair the
10distribution of spirits through distributors or importing
11distributors, but only to permit shipments of spirits for
12personal use.
 
13    (235 ILCS 5/6-29.1)
14    Sec. 6-29.1. Direct shipments of alcoholic liquor.
15    (a) The General Assembly makes the following findings:
16        (1) The General Assembly of Illinois, having reviewed
17    this Act in light of the United States Supreme Court's
18    2005 decision in Granholm v. Heald, has determined to
19    conform that law to the constitutional principles
20    enunciated by the Court in a manner that best preserves
21    the temperance, revenue, and orderly distribution values
22    of this Act.
23        (2) Minimizing automobile accidents and fatalities,
24    domestic violence, health problems, loss of productivity,
25    unemployment, and other social problems associated with

 

 

HB3495- 89 -LRB102 16894 RPS 22305 b

1    dependency and improvident use of alcoholic beverages
2    remains the policy of Illinois.
3        (3) To the maximum extent constitutionally feasible,
4    Illinois desires to collect sufficient revenue from excise
5    and use taxes on alcoholic beverages for the purpose of
6    responding to such social problems.
7        (4) Combined with family education and individual
8    discipline, retail validation of age, and assessment of
9    the capacity of the consumer remains the best pre-sale
10    social protection against the problems associated with the
11    abuse of alcoholic liquor.
12        (5) Therefore, the paramount purpose of this
13    amendatory Act is to continue to carefully limit direct
14    shipment sales of wine, beer, and spirits produced by
15    makers of wine, beer, and spirits and to continue to
16    prohibit such direct shipment sales for spirits and beer.
17    For these reasons, the Commission shall establish a system
18to notify the out-of-state trade of this prohibition and to
19detect violations. The Commission shall request the Attorney
20General to extradite any offender.
21    (b) Pursuant to the Twenty-First Amendment of the United
22States Constitution allowing states to regulate the
23distribution and sale of alcoholic liquor and pursuant to the
24federal Webb-Kenyon Act declaring that alcoholic liquor
25shipped in interstate commerce must comply with state laws,
26the General Assembly hereby finds and declares that selling

 

 

HB3495- 90 -LRB102 16894 RPS 22305 b

1alcoholic liquor from a point outside this State through
2various direct marketing means, such as catalogs, newspapers,
3mailers, and the Internet, directly to residents of this State
4poses a serious threat to the State's efforts to prevent
5youths from accessing alcoholic liquor; to State revenue
6collections; and to the economy of this State.
7    Any person manufacturing, distributing, or selling
8alcoholic liquor who knowingly ships or transports or causes
9the shipping or transportation of any alcoholic liquor from a
10point outside this State to a person in this State who does not
11hold a manufacturer's, distributor's, importing distributor's,
12or non-resident dealer's license issued by the Liquor Control
13Commission, other than a shipment of sacramental wine to a
14bona fide religious organization, a shipment authorized by
15Section 6-29, subparagraph (17) of Section 3-12, or any other
16shipment authorized by this Act, is in violation of this Act.
17    The Commission, upon determining, after investigation,
18that a person has violated this Section, shall give notice to
19the person by certified mail to cease and desist all shipments
20of alcoholic liquor into this State and to withdraw from this
21State within 5 working days after receipt of the notice all
22shipments of alcoholic liquor then in transit. A person who
23violates the cease and desist notice is subject to the
24applicable penalties in subsection (a) of Section 10-1 of this
25Act.
26(Source: P.A. 99-904, eff. 1-1-17.)
 

 

 

HB3495- 91 -LRB102 16894 RPS 22305 b

1    (235 ILCS 5/10-1)  (from Ch. 43, par. 183)
2    Sec. 10-1. Violations; penalties. Whereas a substantial
3threat to the sound and careful control, regulation, and
4taxation of the manufacture, sale, and distribution of
5alcoholic liquors exists by virtue of individuals who
6manufacture, import, distribute, or sell alcoholic liquors
7within the State without having first obtained a valid license
8to do so, and whereas such threat is especially serious along
9the borders of this State, and whereas such threat requires
10immediate correction by this Act, by active investigation and
11prosecution by the State Commission, law enforcement
12officials, and prosecutors, and by prompt and strict
13enforcement through the courts of this State to punish
14violators and to deter such conduct in the future:
15    (a) Any person who manufactures, imports for distribution
16or use, transports from outside this State into this State, or
17distributes or sells 108 liters (28.53 gallons) or more of
18wine, 45 liters (11.88 gallons) or more of distilled spirits,
19or 118 liters (31.17 gallons) or more of beer at any place
20within the State without having first obtained a valid license
21to do so under the provisions of this Act shall be guilty of a
22Class 4 felony for each offense. However, any person who was
23duly licensed under this Act and whose license expired within
2430 days prior to a violation shall be guilty of a business
25offense and fined not more than $1,000 for the first such

 

 

HB3495- 92 -LRB102 16894 RPS 22305 b

1offense and shall be guilty of a Class 4 felony for each
2subsequent offense.
3    Any person who manufactures, imports for distribution,
4transports from outside this State into this State for sale or
5resale in this State, or distributes or sells less than 108
6liters (28.53 gallons) of wine, less than 45 liters (11.88
7gallons) of distilled spirits, or less than 118 liters (31.17
8gallons) of beer at any place within the State without having
9first obtained a valid license to do so under the provisions of
10this Act shall be guilty of a business offense and fined not
11more than $1,000 for the first such offense and shall be guilty
12of a Class 4 felony for each subsequent offense. This
13subsection does not apply to a motor carrier or freight
14forwarder, as defined in Section 13102 of Title 49 of the
15United States Code, an air carrier, as defined in Section
1640102 of Title 49 of the United States Code, or a rail carrier,
17as defined in Section 10102 of Title 49 of the United States
18Code.
19    Any person who: (1) has been issued an initial cease and
20desist notice from the State Commission; and (2) for
21compensation, does any of the following: (i) ships alcoholic
22liquor into this State without a license authorized by Section
235-1 issued by the State Commission or in violation of that
24license; or (ii) manufactures, imports for distribution,
25transports from outside this State into this State for sale or
26resale in this State, or distributes or sells alcoholic

 

 

HB3495- 93 -LRB102 16894 RPS 22305 b

1liquors at any place without having first obtained a valid
2license to do so is guilty of a Class 4 felony for each
3offense.
4    (b) (1) Any retailer, caterer retailer, brew pub, special
5event retailer, special use permit holder, homebrewer special
6event permit holder, or craft distiller tasting permit holder
7who knowingly causes alcoholic liquors to be imported directly
8into the State of Illinois from outside of the State for the
9purpose of furnishing, giving, or selling to another, except
10when having received the product from a duly licensed
11distributor or importing distributor, shall have his license
12suspended for 30 days for the first offense and for the second
13offense, shall have his license revoked by the Commission.
14    (2) In the event the State Commission receives a certified
15copy of a final order from a foreign jurisdiction that an
16Illinois retail licensee has been found to have violated that
17foreign jurisdiction's laws, rules, or regulations concerning
18the importation of alcoholic liquor into that foreign
19jurisdiction, the violation may be grounds for the State
20Commission to revoke, suspend, or refuse to issue or renew a
21license, to impose a fine, or to take any additional action
22provided by this Act with respect to the Illinois retail
23license or licensee. Any such action on the part of the State
24Commission shall be in accordance with this Act and
25implementing rules.
26    For the purposes of paragraph (2): (i) "foreign

 

 

HB3495- 94 -LRB102 16894 RPS 22305 b

1jurisdiction" means a state, territory, or possession of the
2United States, the District of Columbia, or the Commonwealth
3of Puerto Rico, and (ii) "final order" means an order or
4judgment of a court or administrative body that determines the
5rights of the parties respecting the subject matter of the
6proceeding, that remains in full force and effect, and from
7which no appeal can be taken.
8    (c) Any person who shall make any false statement or
9otherwise violates any of the provisions of this Act in
10obtaining any license hereunder, or who having obtained a
11license hereunder shall violate any of the provisions of this
12Act with respect to the manufacture, possession, distribution
13or sale of alcoholic liquor, or with respect to the
14maintenance of the licensed premises, or shall violate any
15other provision of this Act, shall for a first offense be
16guilty of a petty offense and fined not more than $500, and for
17a second or subsequent offense shall be guilty of a Class B
18misdemeanor.
19    (c-5) Any owner of an establishment that serves alcohol on
20its premises, if more than 50% of the establishment's gross
21receipts within the prior 3 months is from the sale of alcohol,
22who knowingly fails to prohibit concealed firearms on its
23premises or who knowingly makes a false statement or record to
24avoid the prohibition of concealed firearms on its premises
25under the Firearm Concealed Carry Act shall be guilty of a
26business offense with a fine up to $5,000.

 

 

HB3495- 95 -LRB102 16894 RPS 22305 b

1    (d) Each day any person engages in business as a
2manufacturer, foreign importer, importing distributor,
3distributor or retailer in violation of the provisions of this
4Act shall constitute a separate offense.
5    (e) Any person, under the age of 21 years who, for the
6purpose of buying, accepting or receiving alcoholic liquor
7from a licensee, represents that he is 21 years of age or over
8shall be guilty of a Class A misdemeanor.
9    (f) In addition to the penalties herein provided, any
10person licensed as a wine-maker in either class, a class 1 or
11class 2 brewer, or a class 1 or class 2 craft distiller who
12manufactures more wine, beer, or spirits than authorized by
13his license shall be guilty of a business offense and shall be
14fined $1 for each gallon so manufactured.
15    (g) A person shall be exempt from prosecution for a
16violation of this Act if he is a peace officer in the
17enforcement of the criminal laws and such activity is approved
18in writing by one of the following:
19        (1) In all counties, the respective State's Attorney;
20        (2) The Director of State Police under Section
21    2605-10, 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,
22    2605-115, 2605-120, 2605-130, 2605-140, 2605-190,
23    2605-200, 2605-205, 2605-210, 2605-215, 2605-250,
24    2605-275, 2605-300, 2605-305, 2605-315, 2605-325,
25    2605-335, 2605-340, 2605-350, 2605-355, 2605-360,
26    2605-365, 2605-375, 2605-390, 2605-400, 2605-405,

 

 

HB3495- 96 -LRB102 16894 RPS 22305 b

1    2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or
2    2605-550 of the Department of State Police Law (20 ILCS
3    2605/2605-10, 2605/2605-15, 2605/2605-75, 2605/2605-100,
4    2605/2605-105, 2605/2605-110, 2605/2605-115,
5    2605/2605-120, 2605/2605-130, 2605/2605-140,
6    2605/2605-190, 2605/2605-200, 2605/2605-205,
7    2605/2605-210, 2605/2605-215, 2605/2605-250,
8    2605/2605-275, 2605/2605-300, 2605/2605-305,
9    2605/2605-315, 2605/2605-325, 2605/2605-335,
10    2605/2605-340, 2605/2605-350, 2605/2605-355,
11    2605/2605-360, 2605/2605-365, 2605/2605-375,
12    2605/2605-390, 2605/2605-400, 2605/2605-405,
13    2605/2605-420, 2605/2605-430, 2605/2605-435,
14    2605/2605-500, 2605/2605-525, or 2605/2605-550); or
15        (3) In cities over 1,000,000, the Superintendent of
16    Police.
17(Source: P.A. 101-37, eff. 7-3-19.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.

 

 

HB3495- 97 -LRB102 16894 RPS 22305 b

1 INDEX
2 Statutes amended in order of appearance
3    235 ILCS 5/1-3.33
4    235 ILCS 5/3-12
5    235 ILCS 5/5-1from Ch. 43, par. 115
6    235 ILCS 5/5-3from Ch. 43, par. 118
7    235 ILCS 5/6-4from Ch. 43, par. 121
8    235 ILCS 5/6-28.8
9    235 ILCS 5/6-29.05 new
10    235 ILCS 5/6-29.06 new
11    235 ILCS 5/6-29.1
12    235 ILCS 5/10-1from Ch. 43, par. 183