Illinois General Assembly - Full Text of HB0205
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Full Text of HB0205  97th General Assembly

HB0205 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0205

 

Introduced 01/21/11, by Rep. Greg Harris - Mike Bost

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/1-3.09  from Ch. 43, par. 95.09
235 ILCS 5/1-3.15  from Ch. 43, par. 95.15
235 ILCS 5/1-3.16  from Ch. 43, par. 95.16
235 ILCS 5/1-3.33
235 ILCS 5/1-3.38 new
235 ILCS 5/5-1  from Ch. 43, par. 115

    Amends the Liquor Control Act of 1934. Makes changes to the definitions of "brewer", "distributor", "importing distributor", and "brew pub". Defines "barrel" as 31 U.S. gallons. Provides that a licensed brewer may make sales and deliveries of beer to importing distributors, distributors, and to non-licensees. Further provides that a licensed brewer may sell to retailers provided that the licensed brewer (i) manufactures 60,000 barrels or less of beer per year and (ii) obtains an importing distributor's license or distributor's license in accordance with the provisions of the Act. Provides that a brew pub licensee may sell his or her own manufactured beer to retailers provided that he or she obtains an importing distributor's license or distributor's license. Provides that a brew pub licensee shall not allow the sale for off-premises consumption or to retailers in the aggregate of more than 50,000 gallons of manufactured beer per year. Makes other changes. Effective immediately.


LRB097 06050 ASK 46123 b

 

 

A BILL FOR

 

HB0205LRB097 06050 ASK 46123 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 Section 1-3.09, 1-3.15, 1-3.16, 1-3.33, and 5-1 and by
6adding Section 1-3.38 as follows:
 
7    (235 ILCS 5/1-3.09)  (from Ch. 43, par. 95.09)
8    Sec. 1-3.09. "Brewer" means a person who is engaged in the
9manufacture of beer, whether within or outside of this State.
10(Source: P.A. 82-783.)
 
11    (235 ILCS 5/1-3.15)  (from Ch. 43, par. 95.15)
12    Sec. 1-3.15. "Distributor" means any person, other than a
13manufacturer or non-resident dealer licensed under this Act
14unless the manufacturer or non-resident dealer is a brewer or
15brew pub that obtains a distributor's license in accordance
16with the provisions of this Act, who is engaged in this State
17in purchasing, storing, possessing or warehousing any
18alcoholic liquors for resale or reselling at wholesale, whether
19within or outside of without this State.
20(Source: P.A. 83-1254.)
 
21    (235 ILCS 5/1-3.16)  (from Ch. 43, par. 95.16)

 

 

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1    Sec. 1-3.16. "Importing distributor" means any person
2other than a non-resident dealer licensed under this Act,
3unless the non-resident dealer is a brewer or brew pub that
4obtains an importing distributor's license in accordance with
5the provisions of this Act, who imports into this State, from
6any point in the United States outside this State, whether for
7himself or for another, any alcoholic liquors for sale or
8resale, or for use in the manufacture, preparation or
9compounding of products other than alcoholic liquors, or who
10imports into this State, from any point in the United States
11outside this State, for consumption in any one calendar year,
12more than one gallon of such liquors.
13(Source: P.A. 83-1254.)
 
14    (235 ILCS 5/1-3.33)
15    Sec. 1-3.33. "Brew Pub" means a person who manufactures
16beer only at a designated premises, whether within or outside
17of this State, to make sales to importing distributors,
18distributors, and to non-licensees for use and consumption
19only, who stores beer at the designated premises, and who is
20allowed to sell beer and other alcoholic liquors at retail from
21the licensed premises, and who is allowed to sell its own
22manufactured beer to retailers provided that the brew pub also
23obtains an importing distributor's license or distributor's
24license in accordance with the provisions of this Act. A
25provided that a brew pub licensee shall not authorize the sales

 

 

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1sell for off-premises consumption or to retailers in the
2aggregate of more than 50,000 gallons of manufactured beer per
3year.
4(Source: P.A. 90-432, eff. 1-1-98.)
 
5    (235 ILCS 5/1-3.38 new)
6    Sec. 1-3.38. "Barrel" means 31 U.S. gallons.
 
7    (235 ILCS 5/5-1)  (from Ch. 43, par. 115)
8    Sec. 5-1. Licenses issued by the Illinois Liquor Control
9Commission shall be of the following classes:
10    (a) Manufacturer's license - Class 1. Distiller, Class 2.
11Rectifier, Class 3. Brewer, Class 4. First Class Wine
12Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
13First Class Winemaker, Class 7. Second Class Winemaker, Class
148. Limited Wine Manufacturer, Class 9. Craft Distiller,
15    (b) Distributor's license,
16    (c) Importing Distributor's license,
17    (d) Retailer's license,
18    (e) Special Event Retailer's license (not-for-profit),
19    (f) Railroad license,
20    (g) Boat license,
21    (h) Non-Beverage User's license,
22    (i) Wine-maker's premises license,
23    (j) Airplane license,
24    (k) Foreign importer's license,

 

 

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

 

 

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1retailers provided the brewer (i) manufactures 60,000 barrels
2or less of beer per year and (ii) obtains an importing
3distributor's license or distributor's license in accordance
4with the provisions of this Act.
5    Class 4. A first class wine-manufacturer may make sales and
6deliveries of up to 50,000 gallons of wine to manufacturers,
7importing distributors and distributors, and to no other
8licensees.
9    Class 5. A second class Wine manufacturer may make sales
10and deliveries of more than 50,000 gallons of wine to
11manufacturers, importing distributors and distributors and to
12no other licensees.
13    Class 6. A first-class wine-maker's license shall allow the
14manufacture of up to 50,000 gallons of wine per year, and the
15storage and sale of such wine to distributors in the State and
16to persons without the State, as may be permitted by law. A
17person who, prior to the effective date of this amendatory Act
18of the 95th General Assembly, is a holder of a first-class
19wine-maker's license and annually produces more than 25,000
20gallons of its own wine and who distributes its wine to
21licensed retailers shall cease this practice on or before July
221, 2008 in compliance with this amendatory Act of the 95th
23General Assembly.
24    Class 7. A second-class wine-maker's license shall allow
25the manufacture of between 50,000 and 150,000 gallons of wine
26per year, and the storage and sale of such wine to distributors

 

 

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1in this State and to persons without the State, as may be
2permitted by law. A person who, prior to the effective date of
3this amendatory Act of the 95th General Assembly, is a holder
4of a second-class wine-maker's license and annually produces
5more than 25,000 gallons of its own wine and who distributes
6its wine to licensed retailers shall cease this practice on or
7before July 1, 2008 in compliance with this amendatory Act of
8the 95th General Assembly.
9    Class 8. A limited wine-manufacturer may make sales and
10deliveries not to exceed 40,000 gallons of wine per year to
11distributors, and to non-licensees in accordance with the
12provisions of this Act.
13    Class 9. A craft distiller license shall allow the
14manufacture of up to 5,000 gallons of spirits by distillation
15per year and the storage of such spirits. If a craft distiller
16licensee is not affiliated with any other manufacturer, then
17the craft distiller licensee may sell such spirits to
18distributors in this State and non-licensees to the extent
19permitted by any exemption approved by the Commission pursuant
20to Section 6-4 of this Act.
21    Any craft distiller licensed under this Act who on the
22effective date of this amendatory Act of the 96th General
23Assembly was licensed as a distiller and manufactured no more
24spirits than permitted by this Section shall not be required to
25pay the initial licensing fee.
26    (a-1) A manufacturer which is licensed in this State to

 

 

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1make sales or deliveries of alcoholic liquor and which enlists
2agents, representatives, or individuals acting on its behalf
3who contact licensed retailers on a regular and continual basis
4in this State must register those agents, representatives, or
5persons acting on its behalf with the State Commission.
6    Registration of agents, representatives, or persons acting
7on behalf of a manufacturer is fulfilled by submitting a form
8to the Commission. The form shall be developed by the
9Commission and shall include the name and address of the
10applicant, the name and address of the manufacturer he or she
11represents, the territory or areas assigned to sell to or
12discuss pricing terms of alcoholic liquor, and any other
13questions deemed appropriate and necessary. All statements in
14the forms required to be made by law or by rule shall be deemed
15material, and any person who knowingly misstates any material
16fact under oath in an application is guilty of a Class B
17misdemeanor. Fraud, misrepresentation, false statements,
18misleading statements, evasions, or suppression of material
19facts in the securing of a registration are grounds for
20suspension or revocation of the registration.
21    (b) A distributor's license shall allow the wholesale
22purchase and storage of alcoholic liquors and sale of alcoholic
23liquors to licensees in this State and to persons without the
24State, as may be permitted by law.
25    (c) An importing distributor's license may be issued to and
26held by those only who are duly licensed distributors, upon the

 

 

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1filing of an application by a duly licensed distributor, with
2the Commission and the Commission shall, without the payment of
3any fee, immediately issue such importing distributor's
4license to the applicant, which shall allow the importation of
5alcoholic liquor by the licensee into this State from any point
6in the United States outside this State, and the purchase of
7alcoholic liquor in barrels, casks or other bulk containers and
8the bottling of such alcoholic liquors before resale thereof,
9but all bottles or containers so filled shall be sealed,
10labeled, stamped and otherwise made to comply with all
11provisions, rules and regulations governing manufacturers in
12the preparation and bottling of alcoholic liquors. The
13importing distributor's license shall permit such licensee to
14purchase alcoholic liquor from Illinois licensed non-resident
15dealers and foreign importers only.
16    (d) A retailer's license shall allow the licensee to sell
17and offer for sale at retail, only in the premises specified in
18the license, alcoholic liquor for use or consumption, but not
19for resale in any form. Nothing in this amendatory Act of the
2095th General Assembly shall deny, limit, remove, or restrict
21the ability of a holder of a retailer's license to transfer,
22deliver, or ship alcoholic liquor to the purchaser for use or
23consumption subject to any applicable local law or ordinance.
24Any retail license issued to a manufacturer shall only permit
25the manufacturer to sell beer at retail on the premises
26actually occupied by the manufacturer. For the purpose of

 

 

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1further describing the type of business conducted at a retail
2licensed premises, a retailer's licensee may be designated by
3the State Commission as (i) an on premise consumption retailer,
4(ii) an off premise sale retailer, or (iii) a combined on
5premise consumption and off premise sale retailer.
6    Notwithstanding any other provision of this subsection
7(d), a retail licensee may sell alcoholic liquors to a special
8event retailer licensee for resale to the extent permitted
9under subsection (e).
10    (e) A special event retailer's license (not-for-profit)
11shall permit the licensee to purchase alcoholic liquors from an
12Illinois licensed distributor (unless the licensee purchases
13less than $500 of alcoholic liquors for the special event, in
14which case the licensee may purchase the alcoholic liquors from
15a licensed retailer) and shall allow the licensee to sell and
16offer for sale, at retail, alcoholic liquors for use or
17consumption, but not for resale in any form and only at the
18location and on the specific dates designated for the special
19event in the license. An applicant for a special event retailer
20license must (i) furnish with the application: (A) a resale
21number issued under Section 2c of the Retailers' Occupation Tax
22Act or evidence that the applicant is registered under Section
232a of the Retailers' Occupation Tax Act, (B) a current, valid
24exemption identification number issued under Section 1g of the
25Retailers' Occupation Tax Act, and a certification to the
26Commission that the purchase of alcoholic liquors will be a

 

 

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1tax-exempt purchase, or (C) a statement that the applicant is
2not registered under Section 2a of the Retailers' Occupation
3Tax Act, does not hold a resale number under Section 2c of the
4Retailers' Occupation Tax Act, and does not hold an exemption
5number under Section 1g of the Retailers' Occupation Tax Act,
6in which event the Commission shall set forth on the special
7event retailer's license a statement to that effect; (ii)
8submit with the application proof satisfactory to the State
9Commission that the applicant will provide dram shop liability
10insurance in the maximum limits; and (iii) show proof
11satisfactory to the State Commission that the applicant has
12obtained local authority approval.
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 liquors
17directly from manufacturers, foreign importers, distributors
18and importing distributors from within or outside this State;
19and to store such alcoholic liquors in this State; provided
20that the above powers may be exercised only in connection with
21the importation, purchase or storage of alcoholic liquors to be
22sold or dispensed on a club, buffet, lounge or dining car
23operated on an electric, gas or steam railway in this State;
24and provided further, that railroad licensees exercising the
25above powers shall be subject to all provisions of Article VIII
26of this Act as applied to importing distributors. A railroad

 

 

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1license shall also permit the licensee to sell or dispense
2alcoholic liquors on any club, buffet, lounge or dining car
3operated on an electric, gas or steam railway regularly
4operated by a common carrier in this State, but shall not
5permit the sale for resale of any alcoholic liquors to any
6licensee within this State. A license shall be obtained for
7each car in which such sales are made.
8    (g) A boat license shall allow the sale of alcoholic liquor
9in individual drinks, on any passenger boat regularly operated
10as a common carrier on navigable waters in this State or on any
11riverboat operated under the Riverboat Gambling Act, which boat
12or riverboat maintains a public dining room or restaurant
13thereon.
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

 

 

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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 wine-maker's premises license shall allow
10a licensee who concurrently holds a second-class wine-maker's
11license to sell and offer for sale at retail in the premises
12specified in such license up to 100,000 gallons of the
13second-class wine-maker's wine that is made at the second-class
14wine-maker's licensed premises per year for use or consumption
15but not for resale in any form. A wine-maker's premises license
16shall allow a licensee that concurrently holds a first-class
17wine-maker's license or a second-class wine-maker's license to
18sell and offer for sale at retail at the premises specified in
19the wine-maker's premises license, for use or consumption but
20not for resale in any form, any beer, wine, and spirits
21purchased from a licensed distributor. Upon approval from the
22State Commission, a wine-maker's premises license shall allow
23the licensee to sell and offer for sale at (i) the wine-maker's
24licensed premises and (ii) at up to 2 additional locations for
25use and consumption and not for resale. Each location shall
26require additional licensing per location as specified in

 

 

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

 

 

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

 

 

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1for sale to such retailer by a broker unless the broker is the
2holder of a valid broker's license.
3    The broker shall, upon the acceptance by a retailer of the
4broker's solicitation of an order or offer to sell or supply or
5deliver or have delivered alcoholic liquors, promptly forward
6to the Illinois Liquor Control Commission a notification of
7said transaction in such form as the Commission may by
8regulations prescribe.
9    (ii) A broker's license shall be required of a person
10within this State, other than a retail licensee, who, for a fee
11or commission, promotes, solicits, or accepts orders for
12alcoholic liquor, for use or consumption and not for resale, to
13be shipped from this State and delivered to residents outside
14of this State by an express company, common carrier, or
15contract carrier. This Section does not apply to any person who
16promotes, solicits, or accepts orders for wine as specifically
17authorized in Section 6-29 of this Act.
18    A broker's license under this subsection (l) shall not
19entitle the holder to buy or sell any alcoholic liquors for his
20own account or to take or deliver title to such alcoholic
21liquors.
22    This subsection (l) shall not apply to distributors,
23employees of distributors, or employees of a manufacturer who
24has registered the trademark, brand or name of the alcoholic
25liquor pursuant to Section 6-9 of this Act, and who regularly
26sells such alcoholic liquor in the State of Illinois only to

 

 

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1its registrants thereunder.
2    Any agent, representative, or person subject to
3registration pursuant to subsection (a-1) of this Section shall
4not be eligible to receive a broker's license.
5    (m) A non-resident dealer's license shall permit such
6licensee to ship into and warehouse alcoholic liquor into this
7State from any point outside of this State, and to sell such
8alcoholic liquor to Illinois licensed foreign importers and
9importing distributors and to no one else in this State unless
10such licensee concurrently holds another license permitting
11such other sales; provided that (i) said non-resident dealer
12shall register with the Illinois Liquor Control Commission each
13and every brand of alcoholic liquor which it proposes to sell
14to Illinois licensees during the license period, (ii) it shall
15comply with all of the provisions of Section 6-9 hereof with
16respect to registration of such Illinois licensees as may be
17granted the right to sell such brands at wholesale, and (iii)
18the non-resident dealer shall comply with the provisions of
19Sections 6-5 and 6-6 of this Act to the same extent that these
20provisions apply to manufacturers.
21    (n) A brew pub license shall allow the licensee to
22manufacture beer only on the premises specified in the license,
23to make sales of the beer manufactured on the premises to
24importing distributors, distributors, and to non-licensees for
25use and consumption, to store the beer upon the premises, and
26to sell and offer for sale such manufactured beer and other

 

 

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1alcoholic liquors at retail from the licensed premises, and to
2sell his or her own manufactured beer to retailers provided
3that the brew pub also obtains an importing distributor's
4license or distributor's license in accordance with the
5provisions of this Act. A a brew pub licensee shall not allow
6the sale not sell for off-premises consumption or to retailers
7in the aggregate of more than 50,000 gallons of manufactured
8beer per year.
9    (o) A caterer retailer license shall allow the holder to
10serve alcoholic liquors as an incidental part of a food service
11that serves prepared meals which excludes the serving of snacks
12as the primary meal, either on or off-site whether licensed or
13unlicensed.
14    (p) An auction liquor license shall allow the licensee to
15sell and offer for sale at auction wine and spirits for use or
16consumption, or for resale by an Illinois liquor licensee in
17accordance with provisions of this Act. An auction liquor
18license will be issued to a person and it will permit the
19auction liquor licensee to hold the auction anywhere in the
20State. An auction liquor license must be obtained for each
21auction at least 14 days in advance of the auction date.
22    (q) A special use permit license shall allow an Illinois
23licensed retailer to transfer a portion of its alcoholic liquor
24inventory from its retail licensed premises to the premises
25specified in the license hereby created, and to sell or offer
26for sale at retail, only in the premises specified in the

 

 

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

 

 

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

 

 

HB0205- 20 -LRB097 06050 ASK 46123 b

1must comply with the requirements of Section 6-29 of this
2amendatory Act.
3(Source: P.A. 95-331, eff. 8-21-07; 95-634, eff. 6-1-08;
495-769, eff. 7-29-08; 96-1367, eff. 7-28-10.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.