Rep. Keith Farnham

Filed: 3/19/2013





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2    AMENDMENT NO. ______. Amend House Bill 630 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Liquor Control Act of 1934 is amended by
5adding Sections 1-3.39 and 5-5.5 as follows:
6    (235 ILCS 5/1-3.39 new)
7    Sec. 1-3.39. "Homemade fermented beverages" means beer,
8wine that is not fortified by the addition of alcohol or
9spirits, or alcoholic liquor made by a person 21 years of age
10or older, through his or her own efforts, at his or her place
11of residence or another location with permission from the
12property owner, and not for a commercial purpose, but for
13consumption by that person or his or her family and guests or
14for use at an exhibition, demonstration, judging, tasting, or
15sampling or as part of a contest or competition authorized by
16Section 5-5.5 of this Act. "Homemade fermented beverages" does



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1not include spirits.
2    (235 ILCS 5/5-5.5 new)
3    Sec. 5-5.5. Homemade fermented beverages.
4    (a) No license or permit is required under this Act for the
5making of homemade fermented beverages or for the possession,
6transportation, or storage of homemade fermented beverages by
7any person 21 years of age or older, if all of the following
9        (1) the person who makes the homemade fermented
10    beverages receives no compensation;
11        (2) the homemade fermented beverages is not sold or
12    offered for sale; and
13        (3) the total quantity of homemade fermented beverages
14    made, in a calendar year, by the person does not exceed 100
15    gallons if the household has only one person 21 years of
16    age or older or 200 gallons if the household has 2 or more
17    persons 21 years of age or older.
18    (b) A person who makes, possesses, transports, or stores
19homemade fermented beverages in compliance with the
20limitations specified in subsection (a) is not a brewer, craft
21brewer, wholesaler, retailer, or a manufacturer of fermented
22beverages for purposes of this Act.
23    (c) Homemade fermented beverages made in compliance with
24the limitations specified in subsection (a) may be consumed by
25the person who made it and his or her family, neighbors, and



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1friends at any private residence or other private location
2where the possession and consumption of alcohol is permissible
3under this Act, local ordinances, and other applicable law.
4    (d) Homemade fermented beverages made in compliance with
5the limitations specified in subsection (a) may be used for the
6purposes of exhibition, demonstration, judging, tasting, or
7sampling or as part of a contest or competition, if the event
8is held at a private residence or on a licensed premises.
9Homemade fermented beverages used for purposes described in
10this subsection (d), including the submission or consumption of
11such homemade fermented beverages, are not considered sold or
12offered for sale under this Act and any prize awarded at a
13contest or competition or as a result of an exhibition,
14demonstration, judging, tasting, or sampling is not considered
15compensation under this Act. An exhibition, demonstration,
16judging, tasting, sampling, contest, or competition held by a
17licensee on a licensed premises may require an admission charge
18to the event, but no separate or additional fee may be charged
19for the consumption of a person's homemade fermented beverages
20at the exhibition, demonstration, judging, tasting, sampling,
21contest, or competition. Event admission charges that are
22collected may be partially used to provide prizes to makers of
23homemade fermented beverages, but the admission charges may not
24be divided in any fashion among the makers of the homemade
25fermented beverages who participate in the event. Homemade
26fermented beverages used for the purposes described in this



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1subsection (d) are not considered sold or offered for sale
2under this Act if a maker of homemade beverages receives free
3event admission or discounted event admission in return for the
4maker's donation of the homemade beverages to an event
5specified in this subsection (d) that collects event admission
6charges. Free admission or discounted admission to the event is
7not considered compensation under this Act. No admission fee
8and no charge for the consumption of a person's homemade
9fermented beverages may be charged if the exhibition,
10demonstration, judging, tasting, sampling, contest, or
11competition is held at a private residence.
12    (e) A person who is not a licensee under this Act may at a
13private residence, and a person who is a licensee under this
14Act may on the licensed premises, conduct, sponsor, or host a
15contest, competition, or other event for the exhibition,
16demonstration, judging, tasting, or sampling of homemade
17fermented beverages made in compliance with the limitations
18specified in subsection (a), if the person does not sell the
19homemade fermented beverages and, unless the person is the
20brewer of the homemade fermented beverages, does not acquire
21any ownership interest in the homemade fermented beverages. The
22fact that a person is acting in a manner authorized by this
23Section is not, by itself, sufficient to constitute a public
24nuisance under Section 10-7 of this Act. If the contest,
25competition, or other event is held on licensed premises, the
26licensee may allow the homemade fermented beverages to be



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1stored on the premises if the homemade fermented beverages is
2clearly identified and kept separate from any alcohol beverages
3owned by the licensee. If the contest, competition, or other
4event is held on licensed premises, other provisions of this
5Act not inconsistent with this Section apply.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".