Full Text of SB3315 97th General Assembly
SB3315ham001 97TH GENERAL ASSEMBLY | Rep. Daniel Biss Filed: 12/5/2012
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| 1 | | AMENDMENT TO SENATE BILL 3315
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3315 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Sections 5-1 and 6-4 as follows: | 6 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | 7 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control | 8 | | Commission
shall be of the following classes: | 9 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | 10 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| 11 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | 12 | | First Class Winemaker, Class 7. Second Class Winemaker, Class | 13 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | 14 | | 10. Craft Brewer, | 15 | | (b) Distributor's license, | 16 | | (c) Importing Distributor's license, |
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| 1 | | (d) Retailer's license, | 2 | | (e) Special Event Retailer's license (not-for-profit), | 3 | | (f) Railroad license, | 4 | | (g) Boat license, | 5 | | (h) Non-Beverage User's license, | 6 | | (i) Wine-maker's premises license, | 7 | | (j) Airplane license, | 8 | | (k) Foreign importer's license, | 9 | | (l) Broker's license, | 10 | | (m) Non-resident dealer's
license, | 11 | | (n) Brew Pub license, | 12 | | (o) Auction liquor license, | 13 | | (p) Caterer retailer license, | 14 | | (q) Special use permit license, | 15 | | (r) Winery shipper's license.
| 16 | | No
person, firm, partnership, corporation, or other legal | 17 | | business entity that is
engaged in the manufacturing of wine | 18 | | may concurrently obtain and hold a
wine-maker's license and a | 19 | | wine manufacturer's license. | 20 | | (a) A manufacturer's license shall allow the manufacture,
| 21 | | importation in bulk, storage, distribution and sale of | 22 | | alcoholic liquor
to persons without the State, as may be | 23 | | permitted by law and to licensees
in this State as follows: | 24 | | Class 1. A Distiller may make sales and deliveries of | 25 | | alcoholic liquor to
distillers, rectifiers, importing | 26 | | distributors, distributors and
non-beverage users and to no |
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| 1 | | other licensees. | 2 | | Class 2. A Rectifier, who is not a distiller, as defined | 3 | | herein, may make
sales and deliveries of alcoholic liquor to | 4 | | rectifiers, importing distributors,
distributors, retailers | 5 | | and non-beverage users and to no other licensees. | 6 | | Class 3. A Brewer may make sales and deliveries of beer to | 7 | | importing
distributors and distributors and may make sales as | 8 | | authorized under subsection (e) of Section 6-4 of this Act. | 9 | | Class 4. A first class wine-manufacturer may make sales and | 10 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
| 11 | | importing
distributors and distributors, and to no other | 12 | | licensees. | 13 | | Class 5. A second class Wine manufacturer may make sales | 14 | | and deliveries
of more than 50,000 gallons of wine to | 15 | | manufacturers, importing distributors
and distributors and to | 16 | | no other licensees. | 17 | | Class 6. A first-class wine-maker's license shall allow the | 18 | | manufacture
of up to 50,000 gallons of wine per year, and the
| 19 | | storage
and sale of such
wine to distributors in the State and | 20 | | to persons without the
State, as may be permitted by law. A | 21 | | person who, prior to the effective date of this amendatory Act | 22 | | of the 95th General Assembly, is a holder of a first-class | 23 | | wine-maker's license and annually produces more than 25,000 | 24 | | gallons of its own wine and who distributes its wine to | 25 | | licensed retailers shall cease this practice on or before July | 26 | | 1, 2008 in compliance with this amendatory Act of the 95th |
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| 1 | | General Assembly. | 2 | | Class 7. A second-class wine-maker's license shall allow | 3 | | the manufacture
of between 50,000 and 150,000 gallons of wine | 4 | | per year, and
the
storage and sale of such wine
to distributors | 5 | | in this State and to persons without the State, as may be
| 6 | | permitted by law. A person who, prior to the effective date of | 7 | | this amendatory Act of the 95th General Assembly, is a holder | 8 | | of a second-class wine-maker's license and annually produces | 9 | | more than 25,000 gallons of its own wine and who distributes | 10 | | its wine to licensed retailers shall cease this practice on or | 11 | | before July 1, 2008 in compliance with this amendatory Act of | 12 | | the 95th General Assembly. | 13 | | Class 8. A limited wine-manufacturer may make sales and | 14 | | deliveries not to
exceed 40,000 gallons of wine per year to | 15 | | distributors, and to
non-licensees in accordance with the | 16 | | provisions of this Act. | 17 | | Class 9. A craft distiller license shall allow the | 18 | | manufacture of up to 30,000 gallons of spirits by distillation | 19 | | for one year after the effective date of this amendatory Act of | 20 | | the 97th General Assembly and up to 35,000 up to 15,000 gallons | 21 | | of spirits by distillation per year thereafter and the storage | 22 | | of such spirits. If a craft distiller licensee is not | 23 | | affiliated with any other manufacturer, then the craft | 24 | | distiller licensee may sell such spirits to distributors in | 25 | | this State and up to 2,500 gallons of such spirits to and | 26 | | non-licensees to the extent permitted by any exemption approved |
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| 1 | | by the Commission pursuant to Section 6-4 of this Act. | 2 | | Any craft distiller licensed under this Act who on the | 3 | | effective date of this amendatory Act of the 96th General | 4 | | Assembly was licensed as a distiller and manufactured no more | 5 | | spirits than permitted by this Section shall not be required to | 6 | | pay the initial licensing fee. | 7 | | Class 10. A craft brewer's license, which may only be | 8 | | issued to a licensed brewer or licensed non-resident dealer, | 9 | | shall allow the manufacture of up to 465,000 gallons of beer | 10 | | per year. A craft brewer licensee may make sales and deliveries | 11 | | to importing distributors and distributors and to retail | 12 | | licensees in accordance with the conditions set forth in | 13 | | paragraph (18) of subsection (a) of Section 3-12 of this Act. | 14 | | (a-1) A manufacturer which is licensed in this State to | 15 | | make sales or
deliveries of alcoholic liquor and which enlists | 16 | | agents, representatives, or
individuals acting on its behalf | 17 | | who contact licensed retailers on a regular
and continual basis | 18 | | in this State must register those agents, representatives,
or | 19 | | persons acting on its behalf with the State Commission. | 20 | | Registration of agents, representatives, or persons acting | 21 | | on behalf of a
manufacturer is fulfilled by submitting a form | 22 | | to the Commission. The form
shall be developed by the | 23 | | Commission and shall include the name and address of
the | 24 | | applicant, the name and address of the manufacturer he or she | 25 | | represents,
the territory or areas assigned to sell to or | 26 | | discuss pricing terms of
alcoholic liquor, and any other |
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| 1 | | questions deemed appropriate and necessary.
All statements in | 2 | | the forms required to be made by law or by rule shall be
deemed | 3 | | material, and any person who knowingly misstates any material | 4 | | fact under
oath in an application is guilty of a Class B | 5 | | misdemeanor. Fraud,
misrepresentation, false statements, | 6 | | misleading statements, evasions, or
suppression of material | 7 | | facts in the securing of a registration are grounds for
| 8 | | suspension or revocation of the registration. | 9 | | (b) A distributor's license shall allow the wholesale | 10 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 11 | | liquors to licensees
in this State and to persons without the | 12 | | State, as may be permitted by law. | 13 | | (c) An importing distributor's license may be issued to and | 14 | | held by
those only who are duly licensed distributors, upon the | 15 | | filing of an
application by a duly licensed distributor, with | 16 | | the Commission and
the Commission shall, without the
payment of | 17 | | any fee, immediately issue such importing distributor's
| 18 | | license to the applicant, which shall allow the importation of | 19 | | alcoholic
liquor by the licensee into this State from any point | 20 | | in the United
States outside this State, and the purchase of | 21 | | alcoholic liquor in
barrels, casks or other bulk containers and | 22 | | the bottling of such
alcoholic liquors before resale thereof, | 23 | | but all bottles or containers
so filled shall be sealed, | 24 | | labeled, stamped and otherwise made to comply
with all | 25 | | provisions, rules and regulations governing manufacturers in
| 26 | | the preparation and bottling of alcoholic liquors. The |
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| 1 | | importing
distributor's license shall permit such licensee to | 2 | | purchase alcoholic
liquor from Illinois licensed non-resident | 3 | | dealers and foreign importers only. | 4 | | (d) A retailer's license shall allow the licensee to sell | 5 | | and offer
for sale at retail, only in the premises specified in | 6 | | the license,
alcoholic liquor for use or consumption, but not | 7 | | for resale in any form. Nothing in this amendatory Act of the | 8 | | 95th General Assembly shall deny, limit, remove, or restrict | 9 | | the ability of a holder of a retailer's license to transfer, | 10 | | deliver, or ship alcoholic liquor to the purchaser for use or | 11 | | consumption subject to any applicable local law or ordinance. | 12 | | Any retail license issued to a manufacturer shall only
permit | 13 | | the manufacturer to sell beer at retail on the premises | 14 | | actually
occupied by the manufacturer. For the purpose of | 15 | | further describing the type of business conducted at a retail | 16 | | licensed premises, a retailer's licensee may be designated by | 17 | | the State Commission as (i) an on premise consumption retailer, | 18 | | (ii) an off premise sale retailer, or (iii) a combined on | 19 | | premise consumption and off premise sale retailer.
| 20 | | Notwithstanding any other provision of this subsection | 21 | | (d), a retail
licensee may sell alcoholic liquors to a special | 22 | | event retailer licensee for
resale to the extent permitted | 23 | | under subsection (e). | 24 | | (e) A special event retailer's license (not-for-profit) | 25 | | shall permit the
licensee to purchase alcoholic liquors from an | 26 | | Illinois licensed distributor
(unless the licensee purchases |
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| 1 | | less than $500 of alcoholic liquors for the
special event, in | 2 | | which case the licensee may purchase the alcoholic liquors
from | 3 | | a licensed retailer) and shall allow the licensee to sell and | 4 | | offer for
sale, at retail, alcoholic liquors for use or | 5 | | consumption, but not for resale
in any form and only at the | 6 | | location and on the specific dates designated for
the special | 7 | | event in the license. An applicant for a special event retailer
| 8 | | license must
(i) furnish with the application: (A) a resale | 9 | | number issued under Section
2c of the Retailers' Occupation Tax | 10 | | Act or evidence that the applicant is
registered under Section | 11 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 12 | | exemption identification
number issued under Section 1g of the | 13 | | Retailers' Occupation Tax Act, and a
certification to the | 14 | | Commission that the purchase of alcoholic liquors will be
a | 15 | | tax-exempt purchase, or (C) a statement that the applicant is | 16 | | not registered
under Section 2a of the Retailers' Occupation | 17 | | Tax Act, does not hold a resale
number under Section 2c of the | 18 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 19 | | number under Section 1g of the Retailers' Occupation Tax
Act, | 20 | | in which event the Commission shall set forth on the special | 21 | | event
retailer's license a statement to that effect; (ii) | 22 | | submit with the application proof satisfactory to
the State | 23 | | Commission that the applicant will provide dram shop liability
| 24 | | insurance in the maximum limits; and (iii) show proof | 25 | | satisfactory to the
State Commission that the applicant has | 26 | | obtained local authority
approval. |
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| 1 | | (f) A railroad license shall permit the licensee to import | 2 | | alcoholic
liquors into this State from any point in the United | 3 | | States outside this
State and to store such alcoholic liquors | 4 | | in this State; to make wholesale
purchases of alcoholic liquors | 5 | | directly from manufacturers, foreign
importers, distributors | 6 | | and importing distributors from within or outside
this State; | 7 | | and to store such alcoholic liquors in this State; provided
| 8 | | that the above powers may be exercised only in connection with | 9 | | the
importation, purchase or storage of alcoholic liquors to be | 10 | | sold or
dispensed on a club, buffet, lounge or dining car | 11 | | operated on an electric,
gas or steam railway in this State; | 12 | | and provided further, that railroad
licensees exercising the | 13 | | above powers shall be subject to all provisions of
Article VIII | 14 | | of this Act as applied to importing distributors. A railroad
| 15 | | license shall also permit the licensee to sell or dispense | 16 | | alcoholic
liquors on any club, buffet, lounge or dining car | 17 | | operated on an electric,
gas or steam railway regularly | 18 | | operated by a common carrier in this State,
but shall not | 19 | | permit the sale for resale of any alcoholic liquors to any
| 20 | | licensee within this State. A license shall be obtained for | 21 | | each car in which
such sales are made. | 22 | | (g) A boat license shall allow the sale of alcoholic liquor | 23 | | in
individual drinks, on any passenger boat regularly operated | 24 | | as a common
carrier on navigable waters in this State or on any | 25 | | riverboat operated
under
the Riverboat Gambling Act, which boat | 26 | | or riverboat maintains a public
dining room or restaurant |
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| 1 | | thereon. | 2 | | (h) A non-beverage user's license shall allow the licensee | 3 | | to
purchase alcoholic liquor from a licensed manufacturer or | 4 | | importing
distributor, without the imposition of any tax upon | 5 | | the business of such
licensed manufacturer or importing | 6 | | distributor as to such alcoholic
liquor to be used by such | 7 | | licensee solely for the non-beverage purposes
set forth in | 8 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 9 | | shall be divided and classified and shall permit the
purchase, | 10 | | possession and use of limited and stated quantities of
| 11 | | alcoholic liquor as follows: | 12 | | Class 1, not to exceed ......................... 500 gallons
| 13 | | Class 2, not to exceed ....................... 1,000 gallons
| 14 | | Class 3, not to exceed ....................... 5,000 gallons
| 15 | | Class 4, not to exceed ...................... 10,000 gallons
| 16 | | Class 5, not to exceed ....................... 50,000 gallons | 17 | | (i) A wine-maker's premises license shall allow a
licensee | 18 | | that concurrently holds a first-class wine-maker's license to | 19 | | sell
and offer for sale at retail in the premises specified in | 20 | | such license
not more than 50,000 gallons of the first-class | 21 | | wine-maker's wine that is
made at the first-class wine-maker's | 22 | | licensed premises per year for use or
consumption, but not for | 23 | | resale in any form. A wine-maker's premises
license shall allow | 24 | | a licensee who concurrently holds a second-class
wine-maker's | 25 | | license to sell and offer for sale at retail in the premises
| 26 | | specified in such license up to 100,000 gallons of the
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| 1 | | second-class wine-maker's wine that is made at the second-class | 2 | | wine-maker's
licensed premises per year
for use or consumption | 3 | | but not for resale in any form. A wine-maker's premises license | 4 | | shall allow a
licensee that concurrently holds a first-class | 5 | | wine-maker's license or a second-class
wine-maker's license to | 6 | | sell
and offer for sale at retail at the premises specified in | 7 | | the wine-maker's premises license, for use or consumption but | 8 | | not for resale in any form, any beer, wine, and spirits | 9 | | purchased from a licensed distributor. Upon approval from the
| 10 | | State Commission, a wine-maker's premises license
shall allow | 11 | | the licensee to sell and offer for sale at (i) the wine-maker's
| 12 | | licensed premises and (ii) at up to 2 additional locations for | 13 | | use and
consumption and not for resale. Each location shall | 14 | | require additional
licensing per location as specified in | 15 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
| 16 | | secure liquor liability insurance coverage in an amount at
| 17 | | least equal to the maximum liability amounts set forth in
| 18 | | subsection (a) of Section 6-21 of this Act.
| 19 | | (j) An airplane license shall permit the licensee to import
| 20 | | alcoholic liquors into this State from any point in the United | 21 | | States
outside this State and to store such alcoholic liquors | 22 | | in this State; to
make wholesale purchases of alcoholic liquors | 23 | | directly from
manufacturers, foreign importers, distributors | 24 | | and importing
distributors from within or outside this State; | 25 | | and to store such
alcoholic liquors in this State; provided | 26 | | that the above powers may be
exercised only in connection with |
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| 1 | | the importation, purchase or storage
of alcoholic liquors to be | 2 | | sold or dispensed on an airplane; and
provided further, that | 3 | | airplane licensees exercising the above powers
shall be subject | 4 | | to all provisions of Article VIII of this Act as
applied to | 5 | | importing distributors. An airplane licensee shall also
permit | 6 | | the sale or dispensing of alcoholic liquors on any passenger
| 7 | | airplane regularly operated by a common carrier in this State, | 8 | | but shall
not permit the sale for resale of any alcoholic | 9 | | liquors to any licensee
within this State. A single airplane | 10 | | license shall be required of an
airline company if liquor | 11 | | service is provided on board aircraft in this
State. The annual | 12 | | fee for such license shall be as determined in
Section 5-3. | 13 | | (k) A foreign importer's license shall permit such licensee | 14 | | to purchase
alcoholic liquor from Illinois licensed | 15 | | non-resident dealers only, and to
import alcoholic liquor other | 16 | | than in bulk from any point outside the
United States and to | 17 | | sell such alcoholic liquor to Illinois licensed
importing | 18 | | distributors and to no one else in Illinois;
provided that (i) | 19 | | the foreign importer registers with the State Commission
every
| 20 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 21 | | licensees during the
license period, (ii) the foreign importer | 22 | | complies with all of the provisions
of Section
6-9 of this Act | 23 | | with respect to registration of such Illinois licensees as may
| 24 | | be granted the
right to sell such brands at wholesale, and | 25 | | (iii) the foreign importer complies with the provisions of | 26 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
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| 1 | | provisions apply to manufacturers. | 2 | | (l) (i) A broker's license shall be required of all persons
| 3 | | who solicit
orders for, offer to sell or offer to supply | 4 | | alcoholic liquor to
retailers in the State of Illinois, or who | 5 | | offer to retailers to ship or
cause to be shipped or to make | 6 | | contact with distillers, rectifiers,
brewers or manufacturers | 7 | | or any other party within or without the State
of Illinois in | 8 | | order that alcoholic liquors be shipped to a distributor,
| 9 | | importing distributor or foreign importer, whether such | 10 | | solicitation or
offer is consummated within or without the | 11 | | State of Illinois. | 12 | | No holder of a retailer's license issued by the Illinois | 13 | | Liquor
Control Commission shall purchase or receive any | 14 | | alcoholic liquor, the
order for which was solicited or offered | 15 | | for sale to such retailer by a
broker unless the broker is the | 16 | | holder of a valid broker's license. | 17 | | The broker shall, upon the acceptance by a retailer of the | 18 | | broker's
solicitation of an order or offer to sell or supply or | 19 | | deliver or have
delivered alcoholic liquors, promptly forward | 20 | | to the Illinois Liquor
Control Commission a notification of | 21 | | said transaction in such form as
the Commission may by | 22 | | regulations prescribe. | 23 | | (ii) A broker's license shall be required of
a person | 24 | | within this State, other than a retail licensee,
who, for a fee | 25 | | or commission, promotes, solicits, or accepts orders for
| 26 | | alcoholic liquor, for use or consumption and not for
resale, to |
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| 1 | | be shipped from this State and delivered to residents outside | 2 | | of
this State by an express company, common carrier, or | 3 | | contract carrier.
This Section does not apply to any person who | 4 | | promotes, solicits, or accepts
orders for wine as specifically | 5 | | authorized in Section 6-29 of this Act. | 6 | | A broker's license under this subsection (l)
shall not | 7 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 8 | | own account or to take or deliver title to
such alcoholic | 9 | | liquors. | 10 | | This subsection (l)
shall not apply to distributors, | 11 | | employees of
distributors, or employees of a manufacturer who | 12 | | has registered the
trademark, brand or name of the alcoholic | 13 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 14 | | sells such alcoholic liquor
in the State of Illinois only to | 15 | | its registrants thereunder. | 16 | | Any agent, representative, or person subject to | 17 | | registration pursuant to
subsection (a-1) of this Section shall | 18 | | not be eligible to receive a broker's
license. | 19 | | (m) A non-resident dealer's license shall permit such | 20 | | licensee to ship
into and warehouse alcoholic liquor into this | 21 | | State from any point
outside of this State, and to sell such | 22 | | alcoholic liquor to Illinois licensed
foreign importers and | 23 | | importing distributors and to no one else in this State;
| 24 | | provided that (i) said non-resident dealer shall register with | 25 | | the Illinois Liquor
Control Commission each and every brand of | 26 | | alcoholic liquor which it proposes
to sell to Illinois |
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| 1 | | licensees during the license period, (ii) it shall comply with | 2 | | all of the provisions of Section 6-9 hereof with
respect to | 3 | | registration of such Illinois licensees as may be granted the | 4 | | right
to sell such brands at wholesale, and (iii) the | 5 | | non-resident dealer shall comply with the provisions of | 6 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 7 | | provisions apply to manufacturers. | 8 | | (n) A brew pub license shall allow the licensee (i) to | 9 | | manufacture beer only
on the premises specified in the license, | 10 | | (ii) to make sales of the
beer manufactured on the premises or, | 11 | | with the approval of the Commission, beer manufactured on | 12 | | another brew pub licensed premises that is substantially owned | 13 | | and operated by the same licensee to importing distributors, | 14 | | distributors,
and to non-licensees for use and consumption, | 15 | | (iii) to store the beer upon
the premises, and (iv) to sell and | 16 | | offer for sale at retail from the licensed
premises, provided | 17 | | that a brew pub licensee shall not sell for off-premises
| 18 | | consumption more than 50,000 gallons per year. A person who | 19 | | holds a brew pub license may simultaneously hold a craft brewer | 20 | | license if he or she otherwise qualifies for the craft brewer | 21 | | license and the craft brewer license is for a location separate | 22 | | from the brew pub's licensed premises. A brew pub license shall | 23 | | permit a person who has received prior approval from the | 24 | | Commission to annually transfer no more than a total of 50,000 | 25 | | gallons of beer manufactured on premises to all other licensed | 26 | | brew pubs that are substantially owned and operated by the same |
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| 1 | | person. | 2 | | (o) A caterer retailer license shall allow the holder
to | 3 | | serve alcoholic liquors as an incidental part of a food service | 4 | | that serves
prepared meals which excludes the serving of snacks | 5 | | as
the primary meal, either on or off-site whether licensed or | 6 | | unlicensed. | 7 | | (p) An auction liquor license shall allow the licensee to | 8 | | sell and offer
for sale at auction wine and spirits for use or | 9 | | consumption, or for resale by
an Illinois liquor licensee in | 10 | | accordance with provisions of this Act. An
auction liquor | 11 | | license will be issued to a person and it will permit the
| 12 | | auction liquor licensee to hold the auction anywhere in the | 13 | | State. An auction
liquor license must be obtained for each | 14 | | auction at least 14 days in advance of
the auction date. | 15 | | (q) A special use permit license shall allow an Illinois | 16 | | licensed
retailer to transfer a portion of its alcoholic liquor | 17 | | inventory from its
retail licensed premises to the premises | 18 | | specified in the license hereby
created, and to sell or offer | 19 | | for sale at retail, only in the premises
specified in the | 20 | | license hereby created, the transferred alcoholic liquor for
| 21 | | use or consumption, but not for resale in any form. A special | 22 | | use permit
license may be granted for the following time | 23 | | periods: one day or less; 2 or
more days to a maximum of 15 days | 24 | | per location in any 12 month period. An
applicant for the | 25 | | special use permit license must also submit with the
| 26 | | application proof satisfactory to the State Commission that the |
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| 1 | | applicant will
provide dram shop liability insurance to the | 2 | | maximum limits and have local
authority approval. | 3 | | (r) A winery shipper's license shall allow a person
with a | 4 | | first-class or second-class wine manufacturer's
license, a | 5 | | first-class or second-class wine-maker's license,
or a limited | 6 | | wine manufacturer's license or who is licensed to
make wine | 7 | | under the laws of another state to ship wine
made by that | 8 | | licensee directly to a resident of this
State who is 21 years | 9 | | of age or older for that resident's
personal use and not for | 10 | | resale. Prior to receiving a
winery shipper's license, an | 11 | | applicant for the license must
provide the Commission with a | 12 | | true copy of its current
license in any state in which it is | 13 | | licensed as a manufacturer
of wine. An applicant for a winery | 14 | | shipper's license must
also complete an application form that | 15 | | provides any other
information the Commission deems necessary. | 16 | | The
application form shall include an acknowledgement | 17 | | consenting
to the jurisdiction of the Commission, the Illinois
| 18 | | Department of Revenue, and the courts of this State concerning
| 19 | | the enforcement of this Act and any related laws, rules, and
| 20 | | regulations, including authorizing the Department of Revenue
| 21 | | and the Commission to conduct audits for the purpose of
| 22 | | ensuring compliance with this amendatory Act. | 23 | | A winery shipper licensee must pay to the Department
of | 24 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 25 | | all wine that is sold by the licensee and shipped to a person
| 26 | | in this State. For the purposes of Section 8-1, a winery
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| 1 | | shipper licensee shall be taxed in the same manner as a
| 2 | | manufacturer of wine. A licensee who is not otherwise required | 3 | | to register under the Retailers' Occupation Tax Act must
| 4 | | register under the Use Tax Act to collect and remit use tax to
| 5 | | the Department of Revenue for all gallons of wine that are sold
| 6 | | by the licensee and shipped to persons in this State. If a
| 7 | | licensee fails to remit the tax imposed under this Act in
| 8 | | accordance with the provisions of Article VIII of this Act, the
| 9 | | winery shipper's license shall be revoked in accordance
with | 10 | | the provisions of Article VII of this Act. If a licensee
fails | 11 | | to properly register and remit tax under the Use Tax Act
or the | 12 | | Retailers' Occupation Tax Act for all wine that is sold
by the | 13 | | winery shipper and shipped to persons in this
State, the winery | 14 | | shipper's license shall be revoked in
accordance with the | 15 | | provisions of Article VII of this Act. | 16 | | A winery shipper licensee must collect, maintain, and
| 17 | | submit to the Commission on a semi-annual basis the
total | 18 | | number of cases per resident of wine shipped to residents
of | 19 | | this State.
A winery shipper licensed under this subsection (r)
| 20 | | must comply with the requirements of Section 6-29 of this | 21 | | amendatory Act.
| 22 | | (Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11; 97-455, | 23 | | eff. 8-19-11; 97-813, eff. 7-13-12.)
| 24 | | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| 25 | | Sec. 6-4. (a) No person licensed by any licensing authority |
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| 1 | | as a
distiller, or a wine manufacturer, or any subsidiary or | 2 | | affiliate
thereof, or any officer, associate, member, partner, | 3 | | representative,
employee, agent or shareholder owning more | 4 | | than 5% of the outstanding
shares of such person shall be | 5 | | issued an importing distributor's or
distributor's license, | 6 | | nor shall any person licensed by any licensing
authority as an | 7 | | importing distributor, distributor or retailer, or any
| 8 | | subsidiary or affiliate thereof, or any officer or associate, | 9 | | member,
partner, representative, employee, agent or | 10 | | shareholder owning more than
5% of the outstanding shares of | 11 | | such person be issued a distiller's
license or a wine | 12 | | manufacturer's license; and no person or persons
licensed as a | 13 | | distiller by any licensing authority shall have any
interest, | 14 | | directly or indirectly, with such distributor or importing
| 15 | | distributor.
| 16 | | However, an importing distributor or distributor, which on | 17 | | January
1, 1985 is owned by a brewer, or any subsidiary or | 18 | | affiliate thereof or any
officer, associate, member, partner, | 19 | | representative, employee, agent or
shareholder owning more | 20 | | than 5% of the outstanding shares of the importing
distributor | 21 | | or distributor referred to in this paragraph, may own or
| 22 | | acquire an ownership interest of more than 5% of the | 23 | | outstanding shares of
a wine manufacturer and be issued a wine
| 24 | | manufacturer's license by any licensing authority.
| 25 | | (b) The foregoing provisions shall not apply to any person | 26 | | licensed
by any licensing authority as a distiller or wine |
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| 1 | | manufacturer, or to
any subsidiary or affiliate of any | 2 | | distiller or wine manufacturer who
shall have been heretofore | 3 | | licensed by the State Commission as either an
importing | 4 | | distributor or distributor during the annual licensing period
| 5 | | expiring June 30, 1947, and shall actually have made sales | 6 | | regularly to
retailers.
| 7 | | (c) Provided, however, that in such instances where a | 8 | | distributor's
or importing distributor's license has been | 9 | | issued to any distiller or
wine manufacturer or to any | 10 | | subsidiary or affiliate of any distiller or
wine manufacturer | 11 | | who has, during the licensing period ending June 30,
1947, sold | 12 | | or distributed as such licensed distributor or importing
| 13 | | distributor alcoholic liquors and wines to retailers, such | 14 | | distiller or
wine manufacturer or any subsidiary or affiliate | 15 | | of any distiller or
wine manufacturer holding such | 16 | | distributor's or importing distributor's
license may continue | 17 | | to sell or distribute to retailers such alcoholic
liquors and | 18 | | wines which are manufactured, distilled, processed or
marketed | 19 | | by distillers and wine manufacturers whose products it sold or
| 20 | | distributed to retailers during the whole or any part of its | 21 | | licensing
periods; and such additional brands and additional | 22 | | products may be added
to the line of such distributor or | 23 | | importing distributor, provided, that
such brands and such | 24 | | products were not sold or distributed by any
distributor or | 25 | | importing distributor licensed by the State Commission
during | 26 | | the licensing period ending June 30, 1947, but can not sell or
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| 1 | | distribute to retailers any other alcoholic liquors or wines.
| 2 | | (d) It shall be unlawful for any distiller licensed | 3 | | anywhere to have
any stock ownership or interest in any | 4 | | distributor's or importing
distributor's license wherein any | 5 | | other person has an interest therein
who is not a distiller and | 6 | | does not own more than 5% of any stock in any
distillery. | 7 | | Nothing herein contained shall apply to such distillers or
| 8 | | their subsidiaries or affiliates, who had a distributor's or | 9 | | importing
distributor's license during the licensing period | 10 | | ending June 30, 1947,
which license was owned in whole by such | 11 | | distiller, or subsidiaries or
affiliates of such distiller.
| 12 | | (e) Any person having been licensed as a manufacturer shall | 13 | | be
permitted to receive one retailer's license for the premises | 14 | | in which he
or she actually conducts such business, permitting | 15 | | only the retail sale of beer manufactured at such premises and | 16 | | only on
such premises, but no such person shall be entitled to | 17 | | more than one
retailer's license in any event, and, other than | 18 | | a manufacturer of beer
as stated above, no manufacturer or | 19 | | distributor or importing
distributor, excluding airplane | 20 | | licensees exercising powers provided in
paragraph (i) of | 21 | | Section 5-1 of this Act, or any subsidiary or affiliate
| 22 | | thereof, or any officer,
associate, member, partner, | 23 | | representative, employee or agent, or
shareholder shall be | 24 | | issued a retailer's license, nor shall any person
having a | 25 | | retailer's license, excluding airplane licensees exercising | 26 | | powers
provided in paragraph (i) of Section 5-1 of this
Act, or |
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| 1 | | any subsidiary or affiliate thereof, or
any officer, associate, | 2 | | member, partner, representative or agent, or
shareholder be | 3 | | issued a manufacturer's license or importing distributor's
| 4 | | license.
| 5 | | A person licensed as a craft distiller not affiliated with | 6 | | any other person manufacturing spirits may be authorized by the | 7 | | Commission to sell up to 2,500 gallons of spirits produced by | 8 | | the person to non-licensees for on or off-premises consumption | 9 | | permitted to receive one retailer's license for the premises in | 10 | | which he or she actually conducts business permitting only the | 11 | | retail sale of spirits manufactured at such premises. Such | 12 | | sales shall be limited to on-premises, in-person sales only, | 13 | | for lawful consumption on or off premises , and such | 14 | | authorization shall be considered a privilege granted by the | 15 | | craft distiller license . A craft distiller licensed for retail | 16 | | sale shall secure liquor liability insurance coverage in an | 17 | | amount at least equal to the maximum liability amounts set | 18 | | forth in subsection (a) of Section 6-21 of this Act. | 19 | | (f) However, the foregoing prohibitions against any person | 20 | | licensed as
a distiller or wine manufacturer being issued a | 21 | | retailer's license shall not apply:
| 22 | | (i) to any hotel, motel or restaurant whose principal | 23 | | business is not
the sale of alcoholic liquors if said | 24 | | retailer's sales of any alcoholic
liquors manufactured, | 25 | | sold, distributed or controlled, directly or
indirectly, | 26 | | by any affiliate, subsidiary, officer, associate, member,
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| 1 | | partner, representative, employee, agent or shareholder | 2 | | owning more than 5%
of the outstanding shares of such | 3 | | person does not exceed
10% of the total alcoholic liquor | 4 | | sales of said retail licensee; and
| 5 | | (ii) where the Commission determines, having | 6 | | considered the public
welfare, the economic impact upon the | 7 | | State and the entirety of the facts
and circumstances | 8 | | involved, that the purpose and intent of this Section
would | 9 | | not be violated by granting an exemption.
| 10 | | (g) Notwithstanding any of the foregoing prohibitions, a | 11 | | limited wine
manufacturer may sell at retail at its | 12 | | manufacturing site for on or off
premises consumption and may | 13 | | sell to distributors. A limited wine manufacturer licensee
| 14 | | shall secure liquor liability insurance coverage in an amount
| 15 | | at least equal to the maximum liability amounts set forth in
| 16 | | subsection (a) of Section 6-21 of this Act.
| 17 | | (Source: P.A. 96-1367, eff. 7-28-10; 97-606, eff. 8-26-11.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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