Illinois General Assembly - Full Text of SB3456
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Full Text of SB3456  97th General Assembly

SB3456eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
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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 6.
12First Class Winemaker, Class 7. Second Class Winemaker, Class
138. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
1410. Craft Brewer,
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,

 

 

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

 

 

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1authorized under subsection (e) of Section 6-4 of this Act.
2    Class 4. A first class wine-manufacturer may make sales and
3deliveries of up to 50,000 gallons of wine to manufacturers,
4importing distributors and distributors, and to no other
5licensees.
6    Class 5. A second class Wine manufacturer may make sales
7and deliveries of more than 50,000 gallons of wine to
8manufacturers, importing distributors and distributors and to
9no other licensees.
10    Class 6. A first-class wine-maker's license shall allow the
11manufacture of up to 50,000 gallons of wine per year, and the
12storage and sale of such wine to distributors in the State and
13to persons without the State, as may be permitted by law. A
14person who, prior to the effective date of this amendatory Act
15of the 95th General Assembly, is a holder of a first-class
16wine-maker's license and annually produces more than 25,000
17gallons of its own wine and who distributes its wine to
18licensed retailers shall cease this practice on or before July
191, 2008 in compliance with this amendatory Act of the 95th
20General Assembly.
21    Class 7. A second-class wine-maker's license shall allow
22the manufacture of between 50,000 and 150,000 gallons of wine
23per year, and the storage and sale of such wine to distributors
24in this State and to persons without the State, as may be
25permitted by law. A person who, prior to the effective date of
26this amendatory Act of the 95th General Assembly, is a holder

 

 

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1of a second-class wine-maker's license and annually produces
2more than 25,000 gallons of its own wine and who distributes
3its wine to licensed retailers shall cease this practice on or
4before July 1, 2008 in compliance with this amendatory Act of
5the 95th General Assembly.
6    Class 8. A limited wine-manufacturer may make sales and
7deliveries not to exceed 40,000 gallons of wine per year to
8distributors, and to non-licensees in accordance with the
9provisions of this Act.
10    Class 9. A craft distiller license shall allow the
11manufacture of up to 15,000 gallons of spirits by distillation
12per year and the storage of such spirits. If a craft distiller
13licensee is not affiliated with any other manufacturer, then
14the craft distiller licensee may sell such spirits to
15distributors in this State and non-licensees to the extent
16permitted by any exemption approved by the Commission pursuant
17to Section 6-4 of this Act.
18    Any craft distiller licensed under this Act who on the
19effective date of this amendatory Act of the 96th General
20Assembly was licensed as a distiller and manufactured no more
21spirits than permitted by this Section shall not be required to
22pay the initial licensing fee.
23    Class 10. A craft brewer's license, which may only be
24issued to a licensed brewer or licensed non-resident dealer,
25shall allow the manufacture of up to 465,000 gallons of beer
26per year. A craft brewer licensee may make sales and deliveries

 

 

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1to importing distributors and distributors and to retail
2licensees in accordance with the conditions set forth in
3paragraph (18) of subsection (a) of Section 3-12 of this Act.
4    (a-1) A manufacturer which is licensed in this State to
5make sales or deliveries of alcoholic liquor and which enlists
6agents, representatives, or individuals acting on its behalf
7who contact licensed retailers on a regular and continual basis
8in this State must register those agents, representatives, or
9persons acting on its behalf with the State Commission.
10    Registration of agents, representatives, or persons acting
11on behalf of a manufacturer is fulfilled by submitting a form
12to the Commission. The form shall be developed by the
13Commission and shall include the name and address of the
14applicant, the name and address of the manufacturer he or she
15represents, the territory or areas assigned to sell to or
16discuss pricing terms of alcoholic liquor, and any other
17questions deemed appropriate and necessary. All statements in
18the forms required to be made by law or by rule shall be deemed
19material, and any person who knowingly misstates any material
20fact under oath in an application is guilty of a Class B
21misdemeanor. Fraud, misrepresentation, false statements,
22misleading statements, evasions, or suppression of material
23facts in the securing of a registration are grounds for
24suspension or revocation of the registration.
25    (b) A distributor's license shall allow the wholesale
26purchase and storage of alcoholic liquors and sale of alcoholic

 

 

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1liquors to licensees in this State and to persons without the
2State, as may be permitted by law.
3    (c) An importing distributor's license may be issued to and
4held by those only who are duly licensed distributors, upon the
5filing of an application by a duly licensed distributor, with
6the Commission and the Commission shall, without the payment of
7any fee, immediately issue such importing distributor's
8license to the applicant, which shall allow the importation of
9alcoholic liquor by the licensee into this State from any point
10in the United States outside this State, and the purchase of
11alcoholic liquor in barrels, casks or other bulk containers and
12the bottling of such alcoholic liquors before resale thereof,
13but all bottles or containers so filled shall be sealed,
14labeled, stamped and otherwise made to comply with all
15provisions, rules and regulations governing manufacturers in
16the preparation and bottling of alcoholic liquors. The
17importing distributor's license shall permit such licensee to
18purchase alcoholic liquor from Illinois licensed non-resident
19dealers and foreign importers only.
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. Nothing in this amendatory Act of the
2495th General Assembly shall deny, limit, remove, or restrict
25the ability of a holder of a retailer's license to transfer,
26deliver, or ship alcoholic liquor to the purchaser for use or

 

 

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1consumption subject to any applicable local law or ordinance.
2Any retail license issued to a manufacturer shall only permit
3the manufacturer to sell beer at retail on the premises
4actually occupied by the manufacturer. For the purpose of
5further describing the type of business conducted at a retail
6licensed premises, a retailer's licensee may be designated by
7the State Commission as (i) an on premise consumption retailer,
8(ii) an off premise sale retailer, or (iii) a combined on
9premise consumption and off premise sale retailer.
10    Notwithstanding any other provision of this subsection
11(d), a retail licensee may sell alcoholic liquors to a special
12event retailer licensee for resale to the extent permitted
13under subsection (e).
14    (e) A special event retailer's license (not-for-profit)
15shall permit the licensee to purchase alcoholic liquors from an
16Illinois licensed distributor (unless the licensee purchases
17less than $500 of alcoholic liquors for the special event, in
18which case the licensee may purchase the alcoholic liquors from
19a licensed retailer) and shall allow the licensee to sell and
20offer for sale, at retail, alcoholic liquors for use or
21consumption, but not for resale in any form and only at the
22location and on the specific dates designated for the special
23event in the license. An applicant for a special event retailer
24license must (i) furnish with the application: (A) a resale
25number issued under Section 2c of the Retailers' Occupation Tax
26Act or evidence that the applicant is registered under Section

 

 

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12a of the Retailers' Occupation Tax Act, (B) a current, valid
2exemption identification number issued under Section 1g of the
3Retailers' Occupation Tax Act, and a certification to the
4Commission that the purchase of alcoholic liquors will be a
5tax-exempt purchase, or (C) a statement that the applicant is
6not registered under Section 2a of the Retailers' Occupation
7Tax Act, does not hold a resale number under Section 2c of the
8Retailers' Occupation Tax Act, and does not hold an exemption
9number under Section 1g of the Retailers' Occupation Tax Act,
10in which event the Commission shall set forth on the special
11event retailer's license a statement to that effect; (ii)
12submit with the application proof satisfactory to the State
13Commission that the applicant will provide dram shop liability
14insurance in the maximum limits; and (iii) show proof
15satisfactory to the State Commission that the applicant has
16obtained local authority approval.
17    (f) A railroad license shall permit the licensee to import
18alcoholic liquors into this State from any point in the United
19States outside this State and to store such alcoholic liquors
20in this State; to make wholesale purchases of alcoholic liquors
21directly from manufacturers, foreign importers, distributors
22and importing distributors from within or outside this State;
23and to store such alcoholic liquors in this State; provided
24that the above powers may be exercised only in connection with
25the importation, purchase or storage of alcoholic liquors to be
26sold or dispensed on a club, buffet, lounge or dining car

 

 

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

 

 

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1alcoholic liquor as follows:
2Class 1, not to exceed ......................... 500 gallons
3Class 2, not to exceed ....................... 1,000 gallons
4Class 3, not to exceed ....................... 5,000 gallons
5Class 4, not to exceed ...................... 10,000 gallons
6Class 5, not to exceed ....................... 50,000 gallons
7    (i) A wine-maker's premises license shall allow a licensee
8that concurrently holds a first-class wine-maker's license to
9sell and offer for sale at retail in the premises specified in
10such license not more than 50,000 gallons of the first-class
11wine-maker's wine that is made at the first-class wine-maker's
12licensed premises per year for use or consumption, but not for
13resale in any form. A wine-maker's premises license shall allow
14a licensee who concurrently holds a second-class wine-maker's
15license to sell and offer for sale at retail in the premises
16specified in such license up to 100,000 gallons of the
17second-class wine-maker's wine that is made at the second-class
18wine-maker's licensed premises per year for use or consumption
19but not for resale in any form. A wine-maker's premises license
20shall allow a licensee that concurrently holds a first-class
21wine-maker's license or a second-class wine-maker's license to
22sell and offer for sale at retail at the premises specified in
23the wine-maker's premises license, for use or consumption but
24not for resale in any form, any beer, wine, and spirits
25purchased from a licensed distributor. Upon approval from the
26State Commission, a wine-maker's premises license shall allow

 

 

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

 

 

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

 

 

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1State of Illinois.
2    No holder of a retailer's license issued by the Illinois
3Liquor Control Commission shall purchase or receive any
4alcoholic liquor, the order for which was solicited or offered
5for sale to such retailer by a broker unless the broker is the
6holder of a valid broker's license.
7    The broker shall, upon the acceptance by a retailer of the
8broker's solicitation of an order or offer to sell or supply or
9deliver or have delivered alcoholic liquors, promptly forward
10to the Illinois Liquor Control Commission a notification of
11said transaction in such form as the Commission may by
12regulations prescribe.
13    (ii) A broker's license shall be required of a person
14within this State, other than a retail licensee, who, for a fee
15or commission, promotes, solicits, or accepts orders for
16alcoholic liquor, for use or consumption and not for resale, to
17be shipped from this State and delivered to residents outside
18of this State by an express company, common carrier, or
19contract carrier. This Section does not apply to any person who
20promotes, solicits, or accepts orders for wine as specifically
21authorized in Section 6-29 of this Act.
22    A broker's license under this subsection (l) shall not
23entitle the holder to buy or sell any alcoholic liquors for his
24own account or to take or deliver title to such alcoholic
25liquors.
26    This subsection (l) shall not apply to distributors,

 

 

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

 

 

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1with the approval of the Commission, beer manufactured on
2another brew pub licensed premises that is substantially owned
3and operated by the same licensee to importing distributors,
4distributors, and to non-licensees for use and consumption,
5(iii) to store the beer upon the premises, and (iv) to sell and
6offer for sale at retail from the licensed premises, provided
7that a brew pub licensee shall not sell for off-premises
8consumption more than 50,000 gallons per year. A person who
9holds a brew pub license may simultaneously hold a craft brewer
10license if he or she otherwise qualifies for the craft brewer
11license and the craft brewer license is for a location separate
12from the brew pub's licensed premises. A brew pub license shall
13permit a person who has received prior approval from the
14Commission to annually transfer no more than a total of 50,000
15gallons of beer manufactured on premises to all other licensed
16brew pubs that are substantially owned and operated by the same
17person.
18    (o) A caterer retailer license shall allow the holder to
19serve alcoholic liquors as an incidental part of a food service
20that serves prepared meals which excludes the serving of snacks
21as the primary meal, either on or off-site whether licensed or
22unlicensed.
23    (p) An auction liquor license shall allow the licensee to
24sell and offer for sale at auction wine and spirits for use or
25consumption, or for resale by an Illinois liquor licensee in
26accordance with provisions of this Act. An auction liquor

 

 

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1license will be issued to a person and it will permit the
2auction liquor licensee to hold the auction anywhere in the
3State. An auction liquor license must be obtained for each
4auction at least 14 days in advance of the auction date.
5    (q) A special use permit license shall allow an Illinois
6licensed retailer to transfer a portion of its alcoholic liquor
7inventory from its retail licensed premises to the premises
8specified in the license hereby created, and to sell or offer
9for sale at retail, only in the premises specified in the
10license hereby created, the transferred alcoholic liquor for
11use or consumption, but not for resale in any form. A special
12use permit license may be granted for a period not to exceed 12
13months for a maximum of either 15 consecutive days or 50
14non-consecutive days at a single location the following time
15periods: one day or less; 2 or more days to a maximum of 15 days
16per location in any 12 month period. An applicant for the
17special use permit license must also submit with the
18application proof satisfactory to the State Commission that the
19applicant will provide dram shop liability insurance to the
20maximum limits and have local authority approval.
21    An applicant for a special use permit license must also
22submit with the application to the State Commission a list of
23dates and locations of all events to be scheduled during the
2412-month license period and proof satisfactory to the State
25Commission that the applicant will provide dram shop liability
26insurance to the maximum limits. If the date and location of an

 

 

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1event is undetermined at the time of application, then the
2special use permit license holder shall submit to the State
3Commission the date and location of the additional event in a
4manner acceptable to the State Commission at least 7 days prior
5to the event, at which time the permit holder shall obtain an
6amended special use permit license.
7    The special use permit license holder shall obtain local
8authority approval for each use of the license. The special use
9permit license shall state: "THIS SPECIAL USE PERMIT LICENSE
10SHALL BE VOID IF THE NAMED HOLDER IS UNABLE TO OBTAIN AND
11PRODUCE ADEQUATE WRITTEN PROOF THAT ALCOHOLIC BEVERAGE SALES BY
12THE PERMIT HOLDER HAVE BEEN AUTHORIZED BY THE LOCAL LIQUOR
13LICENSING AUTHORITY.". The State Commission may issue a special
14use permit license prior to local authority approval. State
15Commission approval of the special use permit license does not
16mandate local approval of alcoholic beverage sales at the
17event. A special use permit license shall allow the applicant
18to sell only its own alcoholic liquor.
19    (r) A winery shipper's license shall allow a person with a
20first-class or second-class wine manufacturer's license, a
21first-class or second-class wine-maker's license, or a limited
22wine manufacturer's license or who is licensed to make wine
23under the laws of another state to ship wine made by that
24licensee directly to a resident of this State who is 21 years
25of age or older for that resident's personal use and not for
26resale. Prior to receiving a winery shipper's license, an

 

 

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

 

 

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1to properly register and remit tax under the Use Tax Act or the
2Retailers' Occupation Tax Act for all wine that is sold by the
3winery shipper and shipped to persons in this State, the winery
4shipper's license shall be revoked in accordance with the
5provisions of Article VII of this Act.
6    A winery shipper licensee must collect, maintain, and
7submit to the Commission on a semi-annual basis the total
8number of cases per resident of wine shipped to residents of
9this State. A winery shipper licensed under this subsection (r)
10must comply with the requirements of Section 6-29 of this
11amendatory Act.
12(Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11; 97-455,
13eff. 8-19-11; revised 9-16-11.)
 
14    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
15    Sec. 5-3. License fees. Except as otherwise provided
16herein, at the time application is made to the State Commission
17for a license of any class, the applicant shall pay to the
18State Commission the fee hereinafter provided for the kind of
19license applied for.
20    The fee for licenses issued by the State Commission shall
21be as follows:
22    For a manufacturer's license:
23    Class 1. Distiller .............................$3,600
24    Class 2. Rectifier .............................3,600
25    Class 3. Brewer ................................900

 

 

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1    Class 4. First-class Wine Manufacturer .........600
2    Class 5. Second-class
3        Wine Manufacturer ..........................1,200
4    Class 6. First-class wine-maker ................600
5    Class 7. Second-class wine-maker ...............1200
6    Class 8. Limited Wine Manufacturer..............120
7    Class 9. Craft Distiller........................ 1,800
8    Class 10. Craft Brewer..........................25
9    For a Brew Pub License .........................1,050
10    For a caterer retailer's license................200
11    For a foreign importer's license ...............25
12    For an importing distributor's license .........25
13    For a distributor's license ....................270
14    For a non-resident dealer's license
15        (500,000 gallons or over) ..................270
16    For a non-resident dealer's license
17        (under 500,000 gallons) ....................90
18    For a wine-maker's premises license ............100
19    For a winery shipper's license
20        (under 250,000 gallons).....................150
21    For a winery shipper's license
22        (250,000 or over, but under 500,000 gallons).500
23    For a winery shipper's license
24        (500,000 gallons or over)...................1,000
25    For a wine-maker's premises license,
26        second location ............................350

 

 

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1    For a wine-maker's premises license,
2        third location .............................350
3    For a retailer's license .......................500
4    For a special event retailer's license,
5        (not-for-profit) ...........................25
6    For a special use permit license ...............100 ,
7        one day only ...............................50
8        2 days or more .............................100
9    For a railroad license .........................60
10    For a boat license .............................180
11    For an airplane license, times the
12        licensee's maximum number of aircraft
13        in flight, serving liquor over the
14        State at any given time, which either
15        originate, terminate, or make
16        an intermediate stop in the State ..........60
17    For a non-beverage user's license:
18        Class 1 ....................................24
19        Class 2 ....................................60
20        Class 3 ....................................120
21        Class 4 ....................................240
22        Class 5 ....................................600
23    For a broker's license .........................600
24    For an auction liquor license ..................50
25    Fees collected under this Section shall be paid into the
26Dram Shop Fund. On and after July 1, 2003, of the funds

 

 

SB3456 Engrossed- 22 -LRB097 17702 AJO 62916 b

1received for a retailer's license, in addition to the first
2$175, an additional $75 shall be paid into the Dram Shop Fund,
3and $250 shall be paid into the General Revenue Fund. Beginning
4June 30, 1990 and on June 30 of each subsequent year through
5June 29, 2003, any balance over $5,000,000 remaining in the
6Dram Shop Fund shall be credited to State liquor licensees and
7applied against their fees for State liquor licenses for the
8following year. The amount credited to each licensee shall be a
9proportion of the balance in the Dram Fund that is the same as
10the proportion of the license fee paid by the licensee under
11this Section for the period in which the balance was
12accumulated to the aggregate fees paid by all licensees during
13that period.
14    No fee shall be paid for licenses issued by the State
15Commission to the following non-beverage users:
16        (a) Hospitals, sanitariums, or clinics when their use
17    of alcoholic liquor is exclusively medicinal, mechanical
18    or scientific.
19        (b) Universities, colleges of learning or schools when
20    their use of alcoholic liquor is exclusively medicinal,
21    mechanical or scientific.
22        (c) Laboratories when their use is exclusively for the
23    purpose of scientific research.
24(Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11.)