Illinois General Assembly - Full Text of SB1001
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Full Text of SB1001  102nd General Assembly

SB1001enr 102ND GENERAL ASSEMBLY



 


 
SB1001 EnrolledLRB102 04809 RPS 14828 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 5-1 and 5-3 as follows:
 
6    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
7    Sec. 5-1. Licenses issued by the Illinois Liquor Control
8Commission shall be of the following classes:
9    (a) Manufacturer's license - Class 1. Distiller, Class 2.
10Rectifier, Class 3. Brewer, Class 4. First Class Wine
11Manufacturer, Class 5. Second Class Wine Manufacturer, Class
126. First Class Winemaker, Class 7. Second Class Winemaker,
13Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
14Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft
15Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
16Class 14. Class 3 Brewer,
17    (b) Distributor's license,
18    (c) Importing Distributor's license,
19    (d) Retailer's license,
20    (e) Special Event Retailer's license (not-for-profit),
21    (f) Railroad license,
22    (g) Boat license,
23    (h) Non-Beverage User's license,

 

 

SB1001 Enrolled- 2 -LRB102 04809 RPS 14828 b

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

 

 

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1other licensees.
2    Class 2. A Rectifier, who is not a distiller, as defined
3herein, may make sales and deliveries of alcoholic liquor to
4rectifiers, importing distributors, distributors, retailers
5and non-beverage users and to no other licensees.
6    Class 3. A Brewer may make sales and deliveries of beer to
7importing distributors and distributors and may make sales as
8authorized under subsection (e) of Section 6-4 of this Act,
9including any alcoholic liquor that subsection (e) of Section
106-4 authorizes a brewer to sell in its original package only to
11a non-licensee for pick-up by a non-licensee either within the
12interior of the brewery premises or at outside of the brewery
13premises at a curb-side or parking lot adjacent to the brewery
14premises, subject to any local ordinance.
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 also obtain and shall only be
20eligible for, in addition to any current license, a class 1
21brewer license, shall not manufacture more than 930,000
22gallons of beer per year, and shall not be a member of or
23affiliated with, directly or indirectly, a manufacturer that
24produces more than 930,000 gallons of beer per year. If the
25first-class wine-manufacturer manufactures spirits, it shall
26also obtain and shall only be eligible for, in addition to any

 

 

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

 

 

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1gallons of beer per year. If the first-class wine-maker
2manufactures spirits, it shall also obtain and shall only be
3eligible for, in addition to any current license, a class 1
4craft distiller license, shall not manufacture more than
550,000 gallons of spirits per year, and shall not be a member
6of or affiliated with, directly or indirectly, a manufacturer
7that produces more than 50,000 gallons of spirits per year. A
8first-class wine-maker holding a class 1 brewer license or a
9class 1 craft distiller license shall not be eligible for a
10wine-maker's premises license but shall be permitted to sell
11wine manufactured at the first-class wine-maker premises to
12non-licensees.
13    Class 7. A second-class wine-maker's license shall allow
14the manufacture of up to 150,000 gallons of wine per year, and
15the storage and sale of such wine to distributors in this State
16and to persons without the State, as may be permitted by law. A
17person who, prior to June 1, 2008 (the effective date of Public
18Act 95-634), is a holder of a second-class wine-maker's
19license and annually produces more than 25,000 gallons of its
20own wine and who distributes its wine to licensed retailers
21shall cease this practice on or before July 1, 2008 in
22compliance with Public Act 95-634. If a second-class
23wine-maker manufactures beer, it shall also obtain and shall
24only be eligible for, in addition to any current license, a
25class 2 brewer license, shall not manufacture more than
263,720,000 gallons of beer per year, and shall not be a member

 

 

SB1001 Enrolled- 6 -LRB102 04809 RPS 14828 b

1of or affiliated with, directly or indirectly, a manufacturer
2that produces more than 3,720,000 gallons of beer per year. If
3a second-class wine-maker manufactures spirits, it shall also
4obtain and shall only be eligible for, in addition to any
5current license, a class 2 craft distiller license, shall not
6manufacture more than 100,000 gallons of spirits per year, and
7shall not be a member of or affiliated with, directly or
8indirectly, a manufacturer that produces more than 100,000
9gallons of spirits per year.
10    Class 8. A limited wine-manufacturer may make sales and
11deliveries not to exceed 40,000 gallons of wine per year to
12distributors, and to non-licensees in accordance with the
13provisions of this Act.
14    Class 9. A craft distiller license, which may only be held
15by a class 1 craft distiller licensee or class 2 craft
16distiller licensee but not held by both a class 1 craft
17distiller licensee and a class 2 craft distiller licensee,
18shall grant all rights conveyed by either: (i) a class 1 craft
19distiller license if the craft distiller holds a class 1 craft
20distiller license; or (ii) a class 2 craft distiller licensee
21if the craft distiller holds a class 2 craft distiller
22license.
23    Class 10. A class 1 craft distiller license, which may
24only be issued to a licensed craft distiller or licensed
25non-resident dealer, shall allow the manufacture of up to
2650,000 gallons of spirits per year provided that the class 1

 

 

SB1001 Enrolled- 7 -LRB102 04809 RPS 14828 b

1craft distiller licensee does not manufacture more than a
2combined 50,000 gallons of spirits per year and is not a member
3of or affiliated with, directly or indirectly, a manufacturer
4that produces more than 50,000 gallons of spirits per year. If
5a class 1 craft distiller manufactures beer, it shall also
6obtain and shall only be eligible for, in addition to any
7current license, a class 1 brewer license, shall not
8manufacture more than 930,000 gallons of beer per year, and
9shall not be a member of or affiliated with, directly or
10indirectly, a manufacturer that produces more than 930,000
11gallons of beer per year. If a class 1 craft distiller
12manufactures wine, it shall also obtain and shall only be
13eligible for, in addition to any current license, a
14first-class wine-manufacturer license or a first-class
15wine-maker's license, shall not manufacture more than 50,000
16gallons of wine per year, and shall not be a member of or
17affiliated with, directly or indirectly, a manufacturer that
18produces more than 50,000 gallons of wine per year. A class 1
19craft distiller licensee may make sales and deliveries to
20importing distributors and distributors and to retail
21licensees in accordance with the conditions set forth in
22paragraph (19) of subsection (a) of Section 3-12 of this Act.
23However, the aggregate amount of spirits sold to non-licensees
24and sold or delivered to retail licensees may not exceed 5,000
25gallons per year.
26    A class 1 craft distiller licensee may sell up to 5,000

 

 

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1gallons of such spirits to non-licensees to the extent
2permitted by any exemption approved by the State Commission
3pursuant to Section 6-4 of this Act. A class 1 craft distiller
4license holder may store such spirits at a non-contiguous
5licensed location, but at no time shall a class 1 craft
6distiller license holder directly or indirectly produce in the
7aggregate more than 50,000 gallons of spirits per year.
8    A class 1 craft distiller licensee may hold more than one
9class 1 craft distiller's license. However, a class 1 craft
10distiller that holds more than one class 1 craft distiller
11license shall not manufacture, in the aggregate, more than
1250,000 gallons of spirits by distillation per year and shall
13not sell, in the aggregate, more than 5,000 gallons of such
14spirits to non-licensees in accordance with an exemption
15approved by the State Commission pursuant to Section 6-4 of
16this Act.
17    Class 11. A class 2 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
20100,000 gallons of spirits per year provided that the class 2
21craft distiller licensee does not manufacture more than a
22combined 100,000 gallons of spirits per year and is not a
23member of or affiliated with, directly or indirectly, a
24manufacturer that produces more than 100,000 gallons of
25spirits per year. If a class 2 craft distiller manufactures
26beer, it shall also obtain and shall only be eligible for, in

 

 

SB1001 Enrolled- 9 -LRB102 04809 RPS 14828 b

1addition to any current license, a class 2 brewer license,
2shall not manufacture more than 3,720,000 gallons of beer per
3year, and shall not be a member of or affiliated with, directly
4or indirectly, a manufacturer that produces more than
53,720,000 gallons of beer per year. If a class 2 craft
6distiller manufactures wine, it shall also obtain and shall
7only be eligible for, in addition to any current license, a
8second-class wine-maker's license, shall not manufacture more
9than 150,000 gallons of wine per year, and shall not be a
10member of or affiliated with, directly or indirectly, a
11manufacturer that produces more than 150,000 gallons of wine
12per year. A class 2 craft distiller licensee may make sales and
13deliveries to importing distributors and distributors, but
14shall not make sales or deliveries to any other licensee. If
15the State Commission provides prior approval, a class 2 craft
16distiller licensee may annually transfer up to 100,000 gallons
17of spirits manufactured by that class 2 craft distiller
18licensee to the premises of a licensed class 2 craft distiller
19wholly owned and operated by the same licensee. A class 2 craft
20distiller may transfer spirits to a distilling pub wholly
21owned and operated by the class 2 craft distiller subject to
22the following limitations and restrictions: (i) the transfer
23shall not annually exceed more than 5,000 gallons; (ii) the
24annual amount transferred shall reduce the distilling pub's
25annual permitted production limit; (iii) all spirits
26transferred shall be subject to Article VIII of this Act; (iv)

 

 

SB1001 Enrolled- 10 -LRB102 04809 RPS 14828 b

1a written record shall be maintained by the distiller and
2distilling pub specifying the amount, date of delivery, and
3receipt of the product by the distilling pub; and (v) the
4distilling pub shall be located no farther than 80 miles from
5the class 2 craft distiller's licensed location.
6    A class 2 craft distiller shall, prior to transferring
7spirits to a distilling pub wholly owned by the class 2 craft
8distiller, furnish a written notice to the State Commission of
9intent to transfer spirits setting forth the name and address
10of the distilling pub and shall annually submit to the State
11Commission a verified report identifying the total gallons of
12spirits transferred to the distilling pub wholly owned by the
13class 2 craft distiller.
14    A class 2 craft distiller license holder may store such
15spirits at a non-contiguous licensed location, but at no time
16shall a class 2 craft distiller license holder directly or
17indirectly produce in the aggregate more than 100,000 gallons
18of spirits per year.
19    Class 12. A class 1 brewer license, which may only be
20issued to a licensed brewer or licensed non-resident dealer,
21shall allow the manufacture of up to 930,000 gallons of beer
22per year provided that the class 1 brewer licensee does not
23manufacture more than a combined 930,000 gallons of beer per
24year and is not a member of or affiliated with, directly or
25indirectly, a manufacturer that produces more than 930,000
26gallons of beer per year. If a class 1 brewer manufactures

 

 

SB1001 Enrolled- 11 -LRB102 04809 RPS 14828 b

1spirits, it shall also obtain and shall only be eligible for,
2in addition to any current license, a class 1 craft distiller
3license, shall not manufacture more than 50,000 gallons of
4spirits per year, and shall not be a member of or affiliated
5with, directly or indirectly, a manufacturer that produces
6more than 50,000 gallons of spirits per year. If a class 1
7craft brewer manufactures wine, it shall also obtain and shall
8only be eligible for, in addition to any current license, a
9first-class wine-manufacturer license or a first-class
10wine-maker's license, shall not manufacture more than 50,000
11gallons of wine per year, and shall not be a member of or
12affiliated with, directly or indirectly, a manufacturer that
13produces more than 50,000 gallons of wine per year. A class 1
14brewer licensee may make sales and deliveries to importing
15distributors and distributors and to retail licensees in
16accordance with the conditions set forth in paragraph (18) of
17subsection (a) of Section 3-12 of this Act. If the State
18Commission provides prior approval, a class 1 brewer may
19annually transfer up to 930,000 gallons of beer manufactured
20by that class 1 brewer to the premises of a licensed class 1
21brewer wholly owned and operated by the same licensee.
22    Class 13. A class 2 brewer license, which may only be
23issued to a licensed brewer or licensed non-resident dealer,
24shall allow the manufacture of up to 3,720,000 gallons of beer
25per year provided that the class 2 brewer licensee does not
26manufacture more than a combined 3,720,000 gallons of beer per

 

 

SB1001 Enrolled- 12 -LRB102 04809 RPS 14828 b

1year and is not a member of or affiliated with, directly or
2indirectly, a manufacturer that produces more than 3,720,000
3gallons of beer per year. If a class 2 brewer manufactures
4spirits, it shall also obtain and shall only be eligible for,
5in addition to any current license, a class 2 craft distiller
6license, shall not manufacture more than 100,000 gallons of
7spirits per year, and shall not be a member of or affiliated
8with, directly or indirectly, a manufacturer that produces
9more than 100,000 gallons of spirits per year. If a class 2
10craft distiller manufactures wine, it shall also obtain and
11shall only be eligible for, in addition to any current
12license, a second-class wine-maker's license, shall not
13manufacture more than 150,000 gallons of wine per year, and
14shall not be a member of or affiliated with, directly or
15indirectly, a manufacturer that produces more than 150,000
16gallons of wine a year. A class 2 brewer licensee may make
17sales and deliveries to importing distributors and
18distributors, but shall not make sales or deliveries to any
19other licensee. If the State Commission provides prior
20approval, a class 2 brewer licensee may annually transfer up
21to 3,720,000 gallons of beer manufactured by that class 2
22brewer licensee to the premises of a licensed class 2 brewer
23wholly owned and operated by the same licensee.
24    A class 2 brewer may transfer beer to a brew pub wholly
25owned and operated by the class 2 brewer subject to the
26following limitations and restrictions: (i) the transfer shall

 

 

SB1001 Enrolled- 13 -LRB102 04809 RPS 14828 b

1not annually exceed more than 31,000 gallons; (ii) the annual
2amount transferred shall reduce the brew pub's annual
3permitted production limit; (iii) all beer transferred shall
4be subject to Article VIII of this Act; (iv) a written record
5shall be maintained by the brewer and brew pub specifying the
6amount, date of delivery, and receipt of the product by the
7brew pub; and (v) the brew pub shall be located no farther than
880 miles from the class 2 brewer's licensed location.
9    A class 2 brewer shall, prior to transferring beer to a
10brew pub wholly owned by the class 2 brewer, furnish a written
11notice to the State Commission of intent to transfer beer
12setting forth the name and address of the brew pub and shall
13annually submit to the State Commission a verified report
14identifying the total gallons of beer transferred to the brew
15pub wholly owned by the class 2 brewer.
16    Class 14. A class 3 brewer license, which may be issued to
17a brewer or a non-resident dealer, shall allow the manufacture
18of no more than 465,000 gallons of beer per year and no more
19than 155,000 gallons at a single brewery premises, and shall
20allow the sale of no more than 6,200 gallons of beer from each
21in-state or out-of-state class 3 brewery premises, or 18,600
22gallons in the aggregate, to retail licensees, class 1
23brewers, class 2 brewers, and class 3 brewers as long as the
24class 3 brewer licensee does not manufacture more than a
25combined 465,000 gallons of beer per year and is not a member
26of or affiliated with, directly or indirectly, a manufacturer

 

 

SB1001 Enrolled- 14 -LRB102 04809 RPS 14828 b

1that produces more than 465,000 gallons of beer per year to
2make sales to importing distributors, distributors, retail
3licensees, brewers, class 1 brewers, class 2 brewers, and
4class 3 brewers in accordance with the conditions set forth in
5paragraph (20) of subsection (a) of Section 3-12. If the State
6Commission provides prior approval, a class 3 brewer may
7annually transfer up to 155,000 gallons of beer manufactured
8by that class 3 brewer to the premises of a licensed class 3
9brewer wholly owned and operated by the same licensee. A class
103 brewer shall manufacture beer at the brewer's class 3
11designated licensed premises, and may sell beer as otherwise
12provided in this Act.
13    (a-1) A manufacturer which is licensed in this State to
14make sales or deliveries of alcoholic liquor to licensed
15distributors or importing distributors and which enlists
16agents, representatives, or individuals acting on its behalf
17who contact licensed retailers on a regular and continual
18basis in this State must register those agents,
19representatives, or persons acting on its behalf with the
20State Commission.
21    Registration of agents, representatives, or persons acting
22on behalf of a manufacturer is fulfilled by submitting a form
23to the Commission. The form shall be developed by the
24Commission and shall include the name and address of the
25applicant, the name and address of the manufacturer he or she
26represents, the territory or areas assigned to sell to or

 

 

SB1001 Enrolled- 15 -LRB102 04809 RPS 14828 b

1discuss pricing terms of alcoholic liquor, and any other
2questions deemed appropriate and necessary. All statements in
3the forms required to be made by law or by rule shall be deemed
4material, and any person who knowingly misstates any material
5fact under oath in an application is guilty of a Class B
6misdemeanor. Fraud, misrepresentation, false statements,
7misleading statements, evasions, or suppression of material
8facts in the securing of a registration are grounds for
9suspension or revocation of the registration. The State
10Commission shall post a list of registered agents on the
11Commission's website.
12    (b) A distributor's license shall allow (i) the wholesale
13purchase and storage of alcoholic liquors and sale of
14alcoholic liquors to licensees in this State and to persons
15without the State, as may be permitted by law; (ii) the sale of
16beer, cider, mead, or any combination thereof to brewers,
17class 1 brewers, and class 2 brewers that, pursuant to
18subsection (e) of Section 6-4 of this Act, sell beer, cider,
19mead, or any combination thereof to non-licensees at their
20breweries; (iii) the sale of vermouth to class 1 craft
21distillers and class 2 craft distillers that, pursuant to
22subsection (e) of Section 6-4 of this Act, sell spirits,
23vermouth, or both spirits and vermouth to non-licensees at
24their distilleries; or (iv) as otherwise provided in this Act.
25No person licensed as a distributor shall be granted a
26non-resident dealer's license.

 

 

SB1001 Enrolled- 16 -LRB102 04809 RPS 14828 b

1    (c) An importing distributor's license may be issued to
2and held by those only who are duly licensed distributors,
3upon the filing of an application by a duly licensed
4distributor, with the Commission and the Commission shall,
5without the payment of any fee, immediately issue such
6importing distributor's license to the applicant, which shall
7allow the importation of alcoholic liquor by the licensee into
8this State from any point in the United States outside this
9State, and the purchase of alcoholic liquor in barrels, casks
10or other bulk containers and the bottling of such alcoholic
11liquors before resale thereof, but all bottles or containers
12so filled shall be sealed, labeled, stamped and otherwise made
13to comply with all provisions, rules and regulations governing
14manufacturers in the preparation and bottling of alcoholic
15liquors. The importing distributor's license shall permit such
16licensee to purchase alcoholic liquor from Illinois licensed
17non-resident dealers and foreign importers only. No person
18licensed as an importing distributor shall be granted a
19non-resident dealer's license.
20    (d) A retailer's license shall allow the licensee to sell
21and offer for sale at retail, only in the premises specified in
22the license, alcoholic liquor for use or consumption, but not
23for resale in any form. Except as provided in Section 6-16,
246-29, or 6-29.1, nothing in this Act shall deny, limit,
25remove, or restrict the ability of a holder of a retailer's
26license to transfer or ship alcoholic liquor to the purchaser

 

 

SB1001 Enrolled- 17 -LRB102 04809 RPS 14828 b

1for use or consumption subject to any applicable local law or
2ordinance. For the purposes of this Section, "shipping" means
3the movement of alcoholic liquor from a licensed retailer to a
4consumer via a common carrier. Except as provided in Section
56-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit,
6remove, or restrict the ability of a holder of a retailer's
7license to deliver alcoholic liquor to the purchaser for use
8or consumption. The delivery shall be made only within 12
9hours from the time the alcoholic liquor leaves the licensed
10premises of the retailer for delivery. For the purposes of
11this Section, "delivery" means the movement of alcoholic
12liquor purchased from a licensed retailer to a consumer
13through the following methods:
14        (1) delivery within licensed retailer's parking lot,
15    including curbside, for pickup by the consumer;
16        (2) delivery by an owner, officer, director,
17    shareholder, or employee of the licensed retailer; or
18        (3) delivery by a third-party contractor, independent
19    contractor, or agent with whom the licensed retailer has
20    contracted to make deliveries of alcoholic liquors.
21    Under subsection (1), (2), or (3), delivery shall not
22include the use of common carriers.
23    Any retail license issued to a manufacturer shall only
24permit the manufacturer to sell beer at retail on the premises
25actually occupied by the manufacturer. For the purpose of
26further describing the type of business conducted at a retail

 

 

SB1001 Enrolled- 18 -LRB102 04809 RPS 14828 b

1licensed premises, a retailer's licensee may be designated by
2the State Commission as (i) an on premise consumption
3retailer, (ii) an off premise sale retailer, or (iii) a
4combined on premise consumption and off premise sale retailer.
5    Except for a municipality with a population of more than
61,000,000 inhabitants, a home rule unit may not regulate the
7delivery of alcoholic liquor inconsistent with this
8subsection. This paragraph is a limitation under subsection
9(i) of Section 6 of Article VII of the Illinois Constitution on
10the concurrent exercise by home rule units of powers and
11functions exercised by the State. A non-home rule municipality
12may not regulate the delivery of alcoholic liquor inconsistent
13with this subsection.
14    Notwithstanding any other provision of this subsection
15(d), a retail licensee may sell alcoholic liquors to a special
16event retailer licensee for resale to the extent permitted
17under subsection (e).
18    (e) A special event retailer's license (not-for-profit)
19shall permit the licensee to purchase alcoholic liquors from
20an Illinois licensed distributor (unless the licensee
21purchases less than $500 of alcoholic liquors for the special
22event, in which case the licensee may purchase the alcoholic
23liquors from a licensed retailer) and shall allow the licensee
24to sell and offer for sale, at retail, alcoholic liquors for
25use or consumption, but not for resale in any form and only at
26the location and on the specific dates designated for the

 

 

SB1001 Enrolled- 19 -LRB102 04809 RPS 14828 b

1special event in the license. An applicant for a special event
2retailer license must (i) furnish with the application: (A) a
3resale number issued under Section 2c of the Retailers'
4Occupation Tax Act or evidence that the applicant is
5registered under Section 2a of the Retailers' Occupation Tax
6Act, (B) a current, valid exemption identification number
7issued under Section 1g of the Retailers' Occupation Tax Act,
8and a certification to the Commission that the purchase of
9alcoholic liquors will be a tax-exempt purchase, or (C) a
10statement that the applicant is not registered under Section
112a of the Retailers' Occupation Tax Act, does not hold a resale
12number under Section 2c of the Retailers' Occupation Tax Act,
13and does not hold an exemption number under Section 1g of the
14Retailers' Occupation Tax Act, in which event the Commission
15shall set forth on the special event retailer's license a
16statement to that effect; (ii) submit with the application
17proof satisfactory to the State Commission that the applicant
18will provide dram shop liability insurance in the maximum
19limits; and (iii) show proof satisfactory to the State
20Commission that the applicant has obtained local authority
21approval.
22    Nothing in this Act prohibits an Illinois licensed
23distributor from offering credit or a refund for unused,
24salable alcoholic liquors to a holder of a special event
25retailer's license or the special event retailer's licensee
26from accepting the credit or refund of alcoholic liquors at

 

 

SB1001 Enrolled- 20 -LRB102 04809 RPS 14828 b

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

 

 

SB1001 Enrolled- 21 -LRB102 04809 RPS 14828 b

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

 

 

SB1001 Enrolled- 22 -LRB102 04809 RPS 14828 b

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

 

 

SB1001 Enrolled- 23 -LRB102 04809 RPS 14828 b

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

 

 

SB1001 Enrolled- 24 -LRB102 04809 RPS 14828 b

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

 

 

SB1001 Enrolled- 25 -LRB102 04809 RPS 14828 b

1said transaction in such form as the Commission may by
2regulations prescribe.
3    (ii) A broker's license shall be required of a person
4within this State, other than a retail licensee, who, for a fee
5or commission, promotes, solicits, or accepts orders for
6alcoholic liquor, for use or consumption and not for resale,
7to be shipped from this State and delivered to residents
8outside of this State by an express company, common carrier,
9or contract carrier. This Section does not apply to any person
10who promotes, solicits, or accepts orders for wine as
11specifically authorized in Section 6-29 of this Act.
12    A broker's license under this subsection (l) shall not
13entitle the holder to buy or sell any alcoholic liquors for his
14own account or to take or deliver title to such alcoholic
15liquors.
16    This subsection (l) shall not apply to distributors,
17employees of distributors, or employees of a manufacturer who
18has registered the trademark, brand or name of the alcoholic
19liquor pursuant to Section 6-9 of this Act, and who regularly
20sells such alcoholic liquor in the State of Illinois only to
21its registrants thereunder.
22    Any agent, representative, or person subject to
23registration pursuant to subsection (a-1) of this Section
24shall not be eligible to receive a broker's license.
25    (m) A non-resident dealer's license shall permit such
26licensee to ship into and warehouse alcoholic liquor into this

 

 

SB1001 Enrolled- 26 -LRB102 04809 RPS 14828 b

1State from any point outside of this State, and to sell such
2alcoholic liquor to Illinois licensed foreign importers and
3importing distributors and to no one else in this State;
4provided that (i) said non-resident dealer shall register with
5the Illinois Liquor Control Commission each and every brand of
6alcoholic liquor which it proposes to sell to Illinois
7licensees during the license period, (ii) it shall comply with
8all of the provisions of Section 6-9 hereof with respect to
9registration of such Illinois licensees as may be granted the
10right to sell such brands at wholesale by duly filing such
11registration statement, thereby authorizing the non-resident
12dealer to proceed to sell such brands at wholesale, and (iii)
13the non-resident dealer shall comply with the provisions of
14Sections 6-5 and 6-6 of this Act to the same extent that these
15provisions apply to manufacturers. No person licensed as a
16non-resident dealer shall be granted a distributor's or
17importing distributor's license.
18    (n) A brew pub license shall allow the licensee to only (i)
19manufacture up to 155,000 gallons of beer per year only on the
20premises specified in the license, (ii) make sales of the beer
21manufactured on the premises or, with the approval of the
22Commission, beer manufactured on another brew pub licensed
23premises that is wholly owned and operated by the same
24licensee to importing distributors, distributors, and to
25non-licensees for use and consumption, (iii) store the beer
26upon the premises, (iv) sell and offer for sale at retail from

 

 

SB1001 Enrolled- 27 -LRB102 04809 RPS 14828 b

1the licensed premises for off-premises consumption no more
2than 155,000 gallons per year so long as such sales are only
3made in-person, (v) sell and offer for sale at retail for use
4and consumption on the premises specified in the license any
5form of alcoholic liquor purchased from a licensed distributor
6or importing distributor, (vi) with the prior approval of the
7Commission, annually transfer no more than 155,000 gallons of
8beer manufactured on the premises to a licensed brew pub
9wholly owned and operated by the same licensee, and (vii)
10notwithstanding item (i) of this subsection, brew pubs wholly
11owned and operated by the same licensee may combine each
12location's production limit of 155,000 gallons of beer per
13year and allocate the aggregate total between the wholly
14owned, operated, and licensed locations.
15    A brew pub licensee shall not under any circumstance sell
16or offer for sale beer manufactured by the brew pub licensee to
17retail licensees.
18    A person who holds a class 2 brewer license may
19simultaneously hold a brew pub license if the class 2 brewer
20(i) does not, under any circumstance, sell or offer for sale
21beer manufactured by the class 2 brewer to retail licensees;
22(ii) does not hold more than 3 brew pub licenses in this State;
23(iii) does not manufacture more than a combined 3,720,000
24gallons of beer per year, including the beer manufactured at
25the brew pub; and (iv) is not a member of or affiliated with,
26directly or indirectly, a manufacturer that produces more than

 

 

SB1001 Enrolled- 28 -LRB102 04809 RPS 14828 b

13,720,000 gallons of beer per year or any other alcoholic
2liquor.
3    Notwithstanding any other provision of this Act, a
4licensed brewer, class 2 brewer, or non-resident dealer who
5before July 1, 2015 manufactured less than 3,720,000 gallons
6of beer per year and held a brew pub license on or before July
71, 2015 may (i) continue to qualify for and hold that brew pub
8license for the licensed premises and (ii) manufacture more
9than 3,720,000 gallons of beer per year and continue to
10qualify for and hold that brew pub license if that brewer,
11class 2 brewer, or non-resident dealer does not simultaneously
12hold a class 1 brewer license and is not a member of or
13affiliated with, directly or indirectly, a manufacturer that
14produces more than 3,720,000 gallons of beer per year or that
15produces any other alcoholic liquor.
16    A brew pub licensee may apply for a class 3 brewer license
17and, upon: (i) meeting all applicable qualifications of this
18Act, and relinquishing all commonly owned brew pub or retail
19licenses, shall be issued a class 3 brewer license. Nothing in
20this Act shall prohibit the issuance of a class 3 brewer
21license if the applicant:
22        (1) has a valid retail license on or before May 1,
23    2021;
24        (2) has an ownership interest in at least two brew
25    pubs licenses on or before May 1, 2021;
26        (3) the brew pub licensee applies for a class 3 brewer

 

 

SB1001 Enrolled- 29 -LRB102 04809 RPS 14828 b

1    license on or before October 1, 2022 and relinquishes all
2    commonly owned brew pub licenses; and
3        (4) relinquishes all commonly owned retail licenses on
4    or before December 31, 2022.
5    If a brew pub licensee is issued a class 3 brewer license,
6the class 3 brewer license shall expire on the same date as the
7existing brew pub license and the State Commission shall not
8require a class 3 brewer licensee to obtain a brewer license,
9or in the alternative to pay a fee for a brewer license, until
10the date the brew pub license of the applicant would have
11expired.
12    (o) A caterer retailer license shall allow the holder to
13serve alcoholic liquors as an incidental part of a food
14service that serves prepared meals which excludes the serving
15of snacks as the primary meal, either on or off-site whether
16licensed or unlicensed. A caterer retailer license shall allow
17the holder, a distributor, or an importing distributor to
18transfer any inventory to and from the holder's retail
19premises and shall allow the holder to purchase alcoholic
20liquor from a distributor or importing distributor to be
21delivered directly to an off-site event.
22    Nothing in this Act prohibits a distributor or importing
23distributor from offering credit or a refund for unused,
24salable beer to a holder of a caterer retailer license or a
25caterer retailer licensee from accepting a credit or refund
26for unused, salable beer, in the event an act of God is the

 

 

SB1001 Enrolled- 30 -LRB102 04809 RPS 14828 b

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

 

 

SB1001 Enrolled- 31 -LRB102 04809 RPS 14828 b

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

 

 

SB1001 Enrolled- 32 -LRB102 04809 RPS 14828 b

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

 

 

SB1001 Enrolled- 33 -LRB102 04809 RPS 14828 b

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

 

 

SB1001 Enrolled- 34 -LRB102 04809 RPS 14828 b

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

 

 

SB1001 Enrolled- 35 -LRB102 04809 RPS 14828 b

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

 

 

SB1001 Enrolled- 36 -LRB102 04809 RPS 14828 b

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

 

 

SB1001 Enrolled- 37 -LRB102 04809 RPS 14828 b

1winery shipper's license shall be revoked in accordance with
2the provisions of Article VII of this Act.
3    A winery shipper licensee must collect, maintain, and
4submit to the Commission on a semi-annual basis the total
5number of cases per resident of wine shipped to residents of
6this State. A winery shipper licensed under this subsection
7(r) must comply with the requirements of Section 6-29 of this
8Act.
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    As used in this subsection, "third-party provider" means
14any entity that provides fulfillment house services, including
15warehousing, packaging, distribution, order processing, or
16shipment of wine, but not the sale of wine, on behalf of a
17licensed winery shipper.
18    (s) A craft distiller tasting permit license shall allow
19an Illinois licensed class 1 craft distiller or class 2 craft
20distiller to transfer a portion of its alcoholic liquor
21inventory from its class 1 craft distiller or class 2 craft
22distiller licensed premises to the premises specified in the
23license hereby created and to conduct a sampling, only in the
24premises specified in the license hereby created, of the
25transferred alcoholic liquor in accordance with subsection (c)
26of Section 6-31 of this Act. The transferred alcoholic liquor

 

 

SB1001 Enrolled- 38 -LRB102 04809 RPS 14828 b

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

 

 

SB1001 Enrolled- 39 -LRB102 04809 RPS 14828 b

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

 

 

SB1001 Enrolled- 40 -LRB102 04809 RPS 14828 b

1the holder of a class 1 craft distiller or class 2 craft
2distiller license. The craft distiller warehouse permit shall
3allow the holder to store or warehouse up to 500,000 gallons of
4spirits manufactured by the holder of the permit at the
5premises specified on the permit. Sales to non-licensees are
6prohibited at the premises specified in the craft distiller
7warehouse permit.
8    (w) A beer showcase permit license shall allow an
9Illinois-licensed distributor to transfer a portion of its
10beer inventory from its licensed premises to the premises
11specified in the beer showcase permit license, and, in the
12case of a class 3 brewer, transfer only beer the class 3 brewer
13manufactures from its licensed premises to the premises
14specified in the beer showcase permit license; and to sell or
15offer for sale at retail, only in the premises specified in the
16beer showcase permit license, the transferred or delivered
17beer for on or off premise consumption, but not for resale in
18any form and to sell to non-licensees not more than 96 fluid
19ounces of beer per person. A beer showcase permit license may
20be granted for the following time periods: one day or less; or
212 or more days to a maximum of 15 days per location in any
2212-month period. An applicant for a beer showcase permit
23license must also submit with the application proof
24satisfactory to the State Commission that the applicant will
25provide dram shop liability insurance to the maximum limits
26and have local authority approval. The State Commission shall

 

 

SB1001 Enrolled- 41 -LRB102 04809 RPS 14828 b

1require the beer showcase applicant to comply with Section
26-27.1.
3(Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19;
4101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff.
58-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22;
6102-442, eff. 8-20-21; revised 2-28-22.)
 
7    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
8    Sec. 5-3. License fees. Except as otherwise provided
9herein, at the time application is made to the State
10Commission for a license of any class, the applicant shall pay
11to the State Commission the fee hereinafter provided for the
12kind of license applied for.
13    The fee for licenses issued by the State Commission shall
14be as follows:
15OnlineInitial
16renewallicense
17 or
18 non-online
19 renewal
20    For a manufacturer's license:
21    Class 1. Distiller .................$4,000$5,000
22    Class 2. Rectifier .................4,000 5,000
23    Class 3. Brewer ....................1,200 1,500
24    Class 4. First-class Wine
25        Manufacturer ...................750 1,200900 1,500

 

 

SB1001 Enrolled- 42 -LRB102 04809 RPS 14828 b

1    Class 5. Second-class
2        Wine Manufacturer ..............1,500 1,750
3    Class 6. First-class wine-maker ....750 1,200 900 1,500
4    Class 7. Second-class wine-maker ...1,500 1,750
5    Class 8. Limited Wine
6        Manufacturer....................250 350
7    Class 9. Craft Distiller............ 2,000 2,500
8    Class 10. Class 1 Craft Distiller... 50 75
9    Class 11. Class 2 Craft Distiller... 75 100
10    Class 12. Class 1 Brewer............50 75
11    Class 13. Class 2 Brewer............ 75 100
12    Class 14. Class 3 Brewer............ 25 50
13    For a Brew Pub License..............1,2001,500
14    For a Distilling Pub License........ 1,200 1,500
15    For a caterer retailer's license....350 500
16    For a foreign importer's license ...25 25
17    For an importing distributor's
18        license.........................2525
19    For a distributor's license
20        (11,250,000 gallons
21        or over)........................1,4502,200
22    For a distributor's license
23        (over 4,500,000 gallons, but
24        under 11,250,000 gallons)....... 9501,450
25    For a distributor's license
26        (4,500,000 gallons or under)....300450

 

 

SB1001 Enrolled- 43 -LRB102 04809 RPS 14828 b

1    For a non-resident dealer's license
2        (500,000 gallons or over)
3        or with self-distribution
4        privileges .....................1,200 1,500
5    For a non-resident dealer's license
6        (under 500,000 gallons) ........250 350
7    For a wine-maker's premises
8        license ........................250500
9    For a winery shipper's license
10        (under 250,000 gallons).........200 350
11    For a winery shipper's license
12        (250,000 or over, but
13        under 500,000 gallons)..........7501,000
14    For a winery shipper's license
15        (500,000 gallons or over).......1,200 1,500
16    For a wine-maker's premises
17        license, second location .......500 1,000
18    For a wine-maker's premises
19        license, third location ........5001,000
20    For a retailer's license ...........600 750
21    For a special event retailer's
22        license, (not-for-profit) ......25 25
23    For a beer showcase permit license,
24        one day only ................... 100 150
25        2 days or more ................. 150 250
26    For a special use permit license,

 

 

SB1001 Enrolled- 44 -LRB102 04809 RPS 14828 b

1        one day only ...................100 150
2        2 days or more .................150 250
3    For a railroad license .............100 150
4    For a boat license .................500 1,000
5    For an airplane license, times the
6        licensee's maximum number of
7        aircraft in flight, serving
8        liquor over the State at any
9        given time, which either
10        originate, terminate, or make
11        an intermediate stop in
12        the State.......................100150
13    For a non-beverage user's license:
14        Class 1 ........................2424
15        Class 2 ........................6060
16        Class 3 ........................120120
17        Class 4 ........................240240
18        Class 5 ........................600600
19    For a broker's license .............750 1,000
20    For an auction liquor license ......100 150
21    For a homebrewer special
22        event permit....................2525
23    For a craft distiller
24        tasting permit..................25 25
25    For a BASSET trainer license........ 300 350
26    For a tasting representative

 

 

SB1001 Enrolled- 45 -LRB102 04809 RPS 14828 b

1        license.........................200300
2    For a brewer warehouse permit....... 2525
3    For a craft distiller
4        warehouse permit...............25 25
5    Fees collected under this Section shall be paid into the
6Dram Shop Fund. On and after July 1, 2003 and until June 30,
72016, of the funds received for a retailer's license, in
8addition to the first $175, an additional $75 shall be paid
9into the Dram Shop Fund, and $250 shall be paid into the
10General Revenue Fund. On and after June 30, 2016, one-half of
11the funds received for a retailer's license shall be paid into
12the Dram Shop Fund and one-half of the funds received for a
13retailer's license shall be paid into the General Revenue
14Fund. Beginning June 30, 1990 and on June 30 of each subsequent
15year through June 29, 2003, any balance over $5,000,000
16remaining in the Dram Shop Fund shall be credited to State
17liquor licensees and applied against their fees for State
18liquor licenses for the following year. The amount credited to
19each licensee shall be a proportion of the balance in the Dram
20Fund that is the same as the proportion of the license fee paid
21by the licensee under this Section for the period in which the
22balance was accumulated to the aggregate fees paid by all
23licensees during that period.
24    No fee shall be paid for licenses issued by the State
25Commission to the following non-beverage users:
26        (a) Hospitals, sanitariums, or clinics when their use

 

 

SB1001 Enrolled- 46 -LRB102 04809 RPS 14828 b

1    of alcoholic liquor is exclusively medicinal, mechanical
2    or scientific.
3        (b) Universities, colleges of learning or schools when
4    their use of alcoholic liquor is exclusively medicinal,
5    mechanical or scientific.
6        (c) Laboratories when their use is exclusively for the
7    purpose of scientific research.
8(Source: P.A. 101-482, eff. 8-23-19; 101-615, eff. 12-20-19;
9102-442, eff. 8-20-21; 102-558, eff. 8-20-21.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.