Full Text of HB3853 100th General Assembly
HB3853ham001 100TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 3/14/2017
| | 10000HB3853ham001 | | LRB100 08301 RPS 23019 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3853
| 2 | | AMENDMENT NO. ______. Amend House Bill 3853 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 10-1 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. Class 1 Brewer, Class 11. Class 2 Brewer, | 15 | | (b) Distributor's license, | 16 | | (c) Importing Distributor's license, |
| | | 10000HB3853ham001 | - 2 - | LRB100 08301 RPS 23019 a |
|
| 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 | | (s) Craft distiller tasting permit. | 17 | | No
person, firm, partnership, corporation, or other legal | 18 | | business entity that is
engaged in the manufacturing of wine | 19 | | may concurrently obtain and hold a
wine-maker's license and a | 20 | | wine manufacturer's license. | 21 | | (a) A manufacturer's license shall allow the manufacture,
| 22 | | importation in bulk, storage, distribution and sale of | 23 | | alcoholic liquor
to persons without the State, as may be | 24 | | permitted by law and to licensees
in this State as follows: | 25 | | Class 1. A Distiller may make sales and deliveries of | 26 | | alcoholic liquor to
distillers, rectifiers, importing |
| | | 10000HB3853ham001 | - 3 - | LRB100 08301 RPS 23019 a |
|
| 1 | | distributors, distributors and
non-beverage users and to no | 2 | | other licensees. | 3 | | Class 2. A Rectifier, who is not a distiller, as defined | 4 | | herein, may make
sales and deliveries of alcoholic liquor to | 5 | | rectifiers, importing distributors,
distributors, retailers | 6 | | and non-beverage users and to no other licensees. | 7 | | Class 3. A Brewer may make sales and deliveries of beer to | 8 | | importing
distributors and distributors and may make sales as | 9 | | authorized under subsection (e) of Section 6-4 of this Act. | 10 | | Class 4. A first class wine-manufacturer may make sales and | 11 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
| 12 | | importing
distributors and distributors, and to no other | 13 | | licensees. | 14 | | Class 5. A second class Wine manufacturer may make sales | 15 | | and deliveries
of more than 50,000 gallons of wine to | 16 | | manufacturers, importing distributors
and distributors and to | 17 | | no other licensees. | 18 | | Class 6. A first-class wine-maker's license shall allow the | 19 | | manufacture
of up to 50,000 gallons of wine per year, and the
| 20 | | storage
and sale of such
wine to distributors in the State and | 21 | | to persons without the
State, as may be permitted by law. A | 22 | | person who, prior to June 1, 2008 (the effective date of Public | 23 | | Act 95-634), is a holder of a first-class wine-maker's license | 24 | | and annually produces more than 25,000 gallons of its own wine | 25 | | and who distributes its wine to licensed retailers shall cease | 26 | | this practice on or before July 1, 2008 in compliance with |
| | | 10000HB3853ham001 | - 4 - | LRB100 08301 RPS 23019 a |
|
| 1 | | Public Act 95-634. | 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 June 1, 2008 (the | 7 | | effective date of Public Act 95-634), is a holder of a | 8 | | second-class wine-maker's license and annually produces more | 9 | | than 25,000 gallons of its own wine and who distributes its | 10 | | wine to licensed retailers shall cease this practice on or | 11 | | before July 1, 2008 in compliance with Public Act 95-634. | 12 | | Class 8. A limited wine-manufacturer may make sales and | 13 | | deliveries not to
exceed 40,000 gallons of wine per year to | 14 | | distributors, and to
non-licensees in accordance with the | 15 | | provisions of this Act. | 16 | | Class 9. A craft distiller license shall allow the | 17 | | manufacture of up to 100,000 March 1, 2013 (Public Act 97-1166) | 18 | | gallons of spirits by distillation per year and the storage of | 19 | | such spirits. If a craft distiller licensee, including a craft | 20 | | distiller licensee who holds more than one craft distiller | 21 | | license, is not affiliated with any other manufacturer of | 22 | | spirits, then the craft distiller licensee may sell such | 23 | | spirits to distributors in this State and up to 2,500 gallons | 24 | | of such spirits to non-licensees to the extent permitted by any | 25 | | exemption approved by the Commission pursuant to Section 6-4 of | 26 | | this Act. A craft distiller license holder may store such |
| | | 10000HB3853ham001 | - 5 - | LRB100 08301 RPS 23019 a |
|
| 1 | | spirits at a non-contiguous licensed location, but at no time | 2 | | shall a craft distiller license holder directly or indirectly | 3 | | produce in the aggregate more than 100,000 gallons of spirits | 4 | | per year. | 5 | | A craft distiller licensee may hold more than one craft | 6 | | distiller's license. However, a craft distiller that holds more | 7 | | than one craft distiller license shall not manufacture, in the | 8 | | aggregate, more than 100,000 gallons of spirits by distillation | 9 | | per year and shall not sell, in the aggregate, more than 2,500 | 10 | | gallons of such spirits to non-licensees in accordance with an | 11 | | exemption approved by the State Commission pursuant to Section | 12 | | 6-4 of this Act. | 13 | | Any craft distiller licensed under this Act who on July 28, | 14 | | 2010 (the effective date of Public Act 96-1367) was licensed as | 15 | | a distiller and manufactured no more spirits than permitted by | 16 | | this Section shall not be required to pay the initial licensing | 17 | | fee. | 18 | | Class 10. A class 1 brewer license, which may only be | 19 | | issued to a licensed brewer or licensed non-resident dealer, | 20 | | shall allow the manufacture of up to 930,000 gallons of beer | 21 | | per year provided that the class 1 brewer licensee does not | 22 | | manufacture more than a combined 930,000 gallons of beer per | 23 | | year and is not a member of or affiliated with, directly or | 24 | | indirectly, a manufacturer that produces more than 930,000 | 25 | | gallons of beer per year or any other alcoholic liquor. A class | 26 | | 1 brewer licensee may make sales and deliveries to importing |
| | | 10000HB3853ham001 | - 6 - | LRB100 08301 RPS 23019 a |
|
| 1 | | distributors and distributors and to retail licensees in | 2 | | accordance with the conditions set forth in paragraph (18) of | 3 | | subsection (a) of Section 3-12 of this Act. | 4 | | Class 11. A class 2 brewer license, which may only be | 5 | | issued to a licensed brewer or licensed non-resident dealer, | 6 | | shall allow the manufacture of up to 3,720,000 gallons of beer | 7 | | per year provided that the class 2 brewer licensee does not | 8 | | manufacture more than a combined 3,720,000 gallons of beer per | 9 | | year and is not a member of or affiliated with, directly or | 10 | | indirectly, a manufacturer that produces more than 3,720,000 | 11 | | gallons of beer per year or any other alcoholic liquor. A class | 12 | | 2 brewer licensee may make sales and deliveries to importing | 13 | | distributors and distributors, but shall not make sales or | 14 | | deliveries to any other licensee. If the State Commission | 15 | | provides prior approval, a class 2 brewer licensee may annually | 16 | | transfer up to 3,720,000 gallons of beer manufactured by that | 17 | | class 2 brewer licensee to the premises of a licensed class 2 | 18 | | brewer wholly owned and operated by the same licensee. | 19 | | (a-1) A manufacturer which is licensed in this State to | 20 | | make sales or
deliveries of alcoholic liquor to licensed | 21 | | distributors or importing distributors and which enlists | 22 | | agents, representatives, or
individuals acting on its behalf | 23 | | who contact licensed retailers on a regular
and continual basis | 24 | | in this State must register those agents, representatives,
or | 25 | | persons acting on its behalf with the State Commission. | 26 | | Registration of agents, representatives, or persons acting |
| | | 10000HB3853ham001 | - 7 - | LRB100 08301 RPS 23019 a |
|
| 1 | | on behalf of a
manufacturer is fulfilled by submitting a form | 2 | | to the Commission. The form
shall be developed by the | 3 | | Commission and shall include the name and address of
the | 4 | | applicant, the name and address of the manufacturer he or she | 5 | | represents,
the territory or areas assigned to sell to or | 6 | | discuss pricing terms of
alcoholic liquor, and any other | 7 | | questions deemed appropriate and necessary.
All statements in | 8 | | the forms required to be made by law or by rule shall be
deemed | 9 | | material, and any person who knowingly misstates any material | 10 | | fact under
oath in an application is guilty of a Class B | 11 | | misdemeanor. Fraud,
misrepresentation, false statements, | 12 | | misleading statements, evasions, or
suppression of material | 13 | | facts in the securing of a registration are grounds for
| 14 | | suspension or revocation of the registration. The State | 15 | | Commission shall post a list of registered agents on the | 16 | | Commission's website. | 17 | | (b) A distributor's license shall allow the wholesale | 18 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 19 | | liquors to licensees
in this State and to persons without the | 20 | | State, as may be permitted by law. No person licensed as a | 21 | | distributor shall be granted a non-resident dealer's license. | 22 | | (c) An importing distributor's license may be issued to and | 23 | | held by
those only who are duly licensed distributors, upon the | 24 | | filing of an
application by a duly licensed distributor, with | 25 | | the Commission and
the Commission shall, without the
payment of | 26 | | any fee, immediately issue such importing distributor's
|
| | | 10000HB3853ham001 | - 8 - | LRB100 08301 RPS 23019 a |
|
| 1 | | license to the applicant, which shall allow the importation of | 2 | | alcoholic
liquor by the licensee into this State from any point | 3 | | in the United
States outside this State, and the purchase of | 4 | | alcoholic liquor in
barrels, casks or other bulk containers and | 5 | | the bottling of such
alcoholic liquors before resale thereof, | 6 | | but all bottles or containers
so filled shall be sealed, | 7 | | labeled, stamped and otherwise made to comply
with all | 8 | | provisions, rules and regulations governing manufacturers in
| 9 | | the preparation and bottling of alcoholic liquors. The | 10 | | importing
distributor's license shall permit such licensee to | 11 | | purchase alcoholic
liquor from Illinois licensed non-resident | 12 | | dealers and foreign importers only. No person licensed as an | 13 | | importing distributor shall be granted a non-resident dealer's | 14 | | license. | 15 | | (d) A retailer's license shall allow the licensee to sell | 16 | | and offer
for sale at retail, only in the premises specified in | 17 | | the license,
alcoholic liquor for use or consumption, but not | 18 | | for resale in any form. Nothing in Public Act 95-634 shall | 19 | | deny, limit, remove, or restrict the ability of a holder of a | 20 | | retailer's license to transfer, deliver, or ship alcoholic | 21 | | liquor to the purchaser for use or consumption subject to any | 22 | | applicable local law or ordinance. Any retail license issued to | 23 | | a manufacturer shall only
permit the manufacturer to sell beer | 24 | | at retail on the premises actually
occupied by the | 25 | | manufacturer. For the purpose of further describing the type of | 26 | | business conducted at a retail licensed premises, a retailer's |
| | | 10000HB3853ham001 | - 9 - | LRB100 08301 RPS 23019 a |
|
| 1 | | licensee may be designated by the State Commission as (i) an on | 2 | | premise consumption retailer, (ii) an off premise sale | 3 | | retailer, or (iii) a combined on premise consumption and off | 4 | | premise sale retailer.
| 5 | | Notwithstanding any other provision of this subsection | 6 | | (d), a retail
licensee may sell alcoholic liquors to a special | 7 | | event retailer licensee for
resale to the extent permitted | 8 | | under subsection (e). | 9 | | (e) A special event retailer's license (not-for-profit) | 10 | | shall permit the
licensee to purchase alcoholic liquors from an | 11 | | Illinois licensed distributor
(unless the licensee purchases | 12 | | less than $500 of alcoholic liquors for the
special event, in | 13 | | which case the licensee may purchase the alcoholic liquors
from | 14 | | a licensed retailer) and shall allow the licensee to sell and | 15 | | offer for
sale, at retail, alcoholic liquors for use or | 16 | | consumption, but not for resale
in any form and only at the | 17 | | location and on the specific dates designated for
the special | 18 | | event in the license. An applicant for a special event retailer
| 19 | | license must
(i) furnish with the application: (A) a resale | 20 | | number issued under Section
2c of the Retailers' Occupation Tax | 21 | | Act or evidence that the applicant is
registered under Section | 22 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 23 | | exemption identification
number issued under Section 1g of the | 24 | | Retailers' Occupation Tax Act, and a
certification to the | 25 | | Commission that the purchase of alcoholic liquors will be
a | 26 | | tax-exempt purchase, or (C) a statement that the applicant is |
| | | 10000HB3853ham001 | - 10 - | LRB100 08301 RPS 23019 a |
|
| 1 | | not registered
under Section 2a of the Retailers' Occupation | 2 | | Tax Act, does not hold a resale
number under Section 2c of the | 3 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 4 | | number under Section 1g of the Retailers' Occupation Tax
Act, | 5 | | in which event the Commission shall set forth on the special | 6 | | event
retailer's license a statement to that effect; (ii) | 7 | | submit with the application proof satisfactory to
the State | 8 | | Commission that the applicant will provide dram shop liability
| 9 | | insurance in the maximum limits; and (iii) show proof | 10 | | satisfactory to the
State Commission that the applicant has | 11 | | obtained local authority
approval. | 12 | | (f) A railroad license shall permit the licensee to import | 13 | | alcoholic
liquors into this State from any point in the United | 14 | | States outside this
State and to store such alcoholic liquors | 15 | | in this State; to make wholesale
purchases of alcoholic liquors | 16 | | directly from manufacturers, foreign
importers, distributors | 17 | | and importing distributors from within or outside
this State; | 18 | | and to store such alcoholic liquors in this State; provided
| 19 | | that the above powers may be exercised only in connection with | 20 | | the
importation, purchase or storage of alcoholic liquors to be | 21 | | sold or
dispensed on a club, buffet, lounge or dining car | 22 | | operated on an electric,
gas or steam railway in this State; | 23 | | and provided further, that railroad
licensees exercising the | 24 | | above powers shall be subject to all provisions of
Article VIII | 25 | | of this Act as applied to importing distributors. A railroad
| 26 | | license shall also permit the licensee to sell or dispense |
| | | 10000HB3853ham001 | - 11 - | LRB100 08301 RPS 23019 a |
|
| 1 | | alcoholic
liquors on any club, buffet, lounge or dining car | 2 | | operated on an electric,
gas or steam railway regularly | 3 | | operated by a common carrier in this State,
but shall not | 4 | | permit the sale for resale of any alcoholic liquors to any
| 5 | | licensee within this State. A license shall be obtained for | 6 | | each car in which
such sales are made. | 7 | | (g) A boat license shall allow the sale of alcoholic liquor | 8 | | in
individual drinks, on any passenger boat regularly operated | 9 | | as a common
carrier on navigable waters in this State or on any | 10 | | riverboat operated
under
the Riverboat Gambling Act, which boat | 11 | | or riverboat maintains a public
dining room or restaurant | 12 | | thereon. | 13 | | (h) A non-beverage user's license shall allow the licensee | 14 | | to
purchase alcoholic liquor from a licensed manufacturer or | 15 | | importing
distributor, without the imposition of any tax upon | 16 | | the business of such
licensed manufacturer or importing | 17 | | distributor as to such alcoholic
liquor to be used by such | 18 | | licensee solely for the non-beverage purposes
set forth in | 19 | | subsection (a) of Section 8-1 of this Act, and
such licenses | 20 | | shall be divided and classified and shall permit the
purchase, | 21 | | possession and use of limited and stated quantities of
| 22 | | alcoholic liquor as follows: | 23 | | Class 1, not to exceed ......................... 500 gallons
| 24 | | Class 2, not to exceed ....................... 1,000 gallons
| 25 | | Class 3, not to exceed ....................... 5,000 gallons
| 26 | | Class 4, not to exceed ...................... 10,000 gallons
|
| | | 10000HB3853ham001 | - 12 - | LRB100 08301 RPS 23019 a |
|
| 1 | | Class 5, not to exceed ....................... 50,000 gallons | 2 | | (i) A wine-maker's premises license shall allow a
licensee | 3 | | that concurrently holds a first-class wine-maker's license to | 4 | | sell
and offer for sale at retail in the premises specified in | 5 | | such license
not more than 50,000 gallons of the first-class | 6 | | wine-maker's wine that is
made at the first-class wine-maker's | 7 | | licensed premises per year for use or
consumption, but not for | 8 | | resale in any form. A wine-maker's premises
license shall allow | 9 | | a licensee who concurrently holds a second-class
wine-maker's | 10 | | license to sell and offer for sale at retail in the premises
| 11 | | specified in such license up to 100,000 gallons of the
| 12 | | second-class wine-maker's wine that is made at the second-class | 13 | | wine-maker's
licensed premises per year
for use or consumption | 14 | | but not for resale in any form. A wine-maker's premises license | 15 | | shall allow a
licensee that concurrently holds a first-class | 16 | | wine-maker's license or a second-class
wine-maker's license to | 17 | | sell
and offer for sale at retail at the premises specified in | 18 | | the wine-maker's premises license, for use or consumption but | 19 | | not for resale in any form, any beer, wine, and spirits | 20 | | purchased from a licensed distributor. Upon approval from the
| 21 | | State Commission, a wine-maker's premises license
shall allow | 22 | | the licensee to sell and offer for sale at (i) the wine-maker's
| 23 | | licensed premises and (ii) at up to 2 additional locations for | 24 | | use and
consumption and not for resale. Each location shall | 25 | | require additional
licensing per location as specified in | 26 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
|
| | | 10000HB3853ham001 | - 13 - | LRB100 08301 RPS 23019 a |
|
| 1 | | secure liquor liability insurance coverage in an amount at
| 2 | | least equal to the maximum liability amounts set forth in
| 3 | | subsection (a) of Section 6-21 of this Act.
| 4 | | (j) An airplane license shall permit the licensee to import
| 5 | | alcoholic liquors into this State from any point in the United | 6 | | States
outside this State and to store such alcoholic liquors | 7 | | in this State; to
make wholesale purchases of alcoholic liquors | 8 | | directly from
manufacturers, foreign importers, distributors | 9 | | and importing
distributors from within or outside this State; | 10 | | and to store such
alcoholic liquors in this State; provided | 11 | | that the above powers may be
exercised only in connection with | 12 | | the importation, purchase or storage
of alcoholic liquors to be | 13 | | sold or dispensed on an airplane; and
provided further, that | 14 | | airplane licensees exercising the above powers
shall be subject | 15 | | to all provisions of Article VIII of this Act as
applied to | 16 | | importing distributors. An airplane licensee shall also
permit | 17 | | the sale or dispensing of alcoholic liquors on any passenger
| 18 | | airplane regularly operated by a common carrier in this State, | 19 | | but shall
not permit the sale for resale of any alcoholic | 20 | | liquors to any licensee
within this State. A single airplane | 21 | | license shall be required of an
airline company if liquor | 22 | | service is provided on board aircraft in this
State. The annual | 23 | | fee for such license shall be as determined in
Section 5-3. | 24 | | (k) A foreign importer's license shall permit such licensee | 25 | | to purchase
alcoholic liquor from Illinois licensed | 26 | | non-resident dealers only, and to
import alcoholic liquor other |
| | | 10000HB3853ham001 | - 14 - | LRB100 08301 RPS 23019 a |
|
| 1 | | than in bulk from any point outside the
United States and to | 2 | | sell such alcoholic liquor to Illinois licensed
importing | 3 | | distributors and to no one else in Illinois;
provided that (i) | 4 | | the foreign importer registers with the State Commission
every
| 5 | | brand of
alcoholic liquor that it proposes to sell to Illinois | 6 | | licensees during the
license period, (ii) the foreign importer | 7 | | complies with all of the provisions
of Section
6-9 of this Act | 8 | | with respect to registration of such Illinois licensees as may
| 9 | | be granted the
right to sell such brands at wholesale, and | 10 | | (iii) the foreign importer complies with the provisions of | 11 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 12 | | provisions apply to manufacturers. | 13 | | (l) (i) A broker's license shall be required of all persons
| 14 | | who solicit
orders for, offer to sell or offer to supply | 15 | | alcoholic liquor to
retailers in the State of Illinois, or who | 16 | | offer to retailers to ship or
cause to be shipped or to make | 17 | | contact with distillers, rectifiers,
brewers or manufacturers | 18 | | or any other party within or without the State
of Illinois in | 19 | | order that alcoholic liquors be shipped to a distributor,
| 20 | | importing distributor or foreign importer, whether such | 21 | | solicitation or
offer is consummated within or without the | 22 | | State of Illinois. | 23 | | No holder of a retailer's license issued by the Illinois | 24 | | Liquor
Control Commission shall purchase or receive any | 25 | | alcoholic liquor, the
order for which was solicited or offered | 26 | | for sale to such retailer by a
broker unless the broker is the |
| | | 10000HB3853ham001 | - 15 - | LRB100 08301 RPS 23019 a |
|
| 1 | | holder of a valid broker's license. | 2 | | The broker shall, upon the acceptance by a retailer of the | 3 | | broker's
solicitation of an order or offer to sell or supply or | 4 | | deliver or have
delivered alcoholic liquors, promptly forward | 5 | | to the Illinois Liquor
Control Commission a notification of | 6 | | said transaction in such form as
the Commission may by | 7 | | regulations prescribe. | 8 | | (ii) A broker's license shall be required of
a person | 9 | | within this State, other than a retail licensee,
who, for a fee | 10 | | or commission, promotes, solicits, or accepts orders for
| 11 | | alcoholic liquor, for use or consumption and not for
resale, to | 12 | | be shipped from this State and delivered to residents outside | 13 | | of
this State by an express company, common carrier, or | 14 | | contract carrier.
This Section does not apply to any person who | 15 | | promotes, solicits, or accepts
orders for wine as specifically | 16 | | authorized in Section 6-29 of this Act. | 17 | | A broker's license under this subsection (l)
shall not | 18 | | entitle the holder to
buy or sell any
alcoholic liquors for his | 19 | | own account or to take or deliver title to
such alcoholic | 20 | | liquors. | 21 | | This subsection (l)
shall not apply to distributors, | 22 | | employees of
distributors, or employees of a manufacturer who | 23 | | has registered the
trademark, brand or name of the alcoholic | 24 | | liquor pursuant to Section 6-9
of this Act, and who regularly | 25 | | sells such alcoholic liquor
in the State of Illinois only to | 26 | | its registrants thereunder. |
| | | 10000HB3853ham001 | - 16 - | LRB100 08301 RPS 23019 a |
|
| 1 | | Any agent, representative, or person subject to | 2 | | registration pursuant to
subsection (a-1) of this Section shall | 3 | | not be eligible to receive a broker's
license. | 4 | | (m) A non-resident dealer's license shall permit such | 5 | | licensee to ship
into and warehouse alcoholic liquor into this | 6 | | State from any point
outside of this State, and to sell such | 7 | | alcoholic liquor to Illinois licensed
foreign importers and | 8 | | importing distributors and to no one else in this State;
| 9 | | provided that (i) said non-resident dealer shall register with | 10 | | the Illinois Liquor
Control Commission each and every brand of | 11 | | alcoholic liquor which it proposes
to sell to Illinois | 12 | | licensees during the license period, (ii) it shall comply with | 13 | | all of the provisions of Section 6-9 hereof with
respect to | 14 | | registration of such Illinois licensees as may be granted the | 15 | | right
to sell such brands at wholesale, and (iii) the | 16 | | non-resident dealer shall comply with the provisions of | 17 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 18 | | provisions apply to manufacturers. No person licensed as a | 19 | | non-resident dealer shall be granted a distributor's or | 20 | | importing distributor's license. | 21 | | (n) A brew pub license shall allow the licensee to only (i) | 22 | | manufacture up to 155,000 gallons of beer per year only
on the | 23 | | premises specified in the license, (ii) make sales of the
beer | 24 | | manufactured on the premises or, with the approval of the | 25 | | Commission, beer manufactured on another brew pub licensed | 26 | | premises that is wholly owned and operated by the same licensee |
| | | 10000HB3853ham001 | - 17 - | LRB100 08301 RPS 23019 a |
|
| 1 | | to importing distributors, distributors,
and to non-licensees | 2 | | for use and consumption, (iii) store the beer upon
the | 3 | | premises, (iv) sell and offer for sale at retail from the | 4 | | licensed
premises for off-premises
consumption no more than | 5 | | 155,000 gallons per year so long as such sales are only made | 6 | | in-person, (v) sell and offer for sale at retail for use and | 7 | | consumption on the premises specified in the license any form | 8 | | of alcoholic liquor purchased from a licensed distributor or | 9 | | importing distributor, and (vi) with the prior approval of the | 10 | | Commission, annually transfer no more than 155,000 gallons of | 11 | | beer manufactured on the premises to a licensed brew pub wholly | 12 | | owned and operated by the same licensee. | 13 | | A brew pub licensee shall not under any circumstance sell | 14 | | or offer for sale beer manufactured by the brew pub licensee to | 15 | | retail licensees. | 16 | | A person who holds a class 2 brewer license may | 17 | | simultaneously hold a brew pub license if the class 2 brewer | 18 | | (i) does not, under any circumstance, sell or offer for sale | 19 | | beer manufactured by the class 2 brewer to retail licensees; | 20 | | (ii) does not hold more than 3 brew pub licenses in this State; | 21 | | (iii) does not manufacture more than a combined 3,720,000 | 22 | | gallons of beer per year, including the beer manufactured at | 23 | | the brew pub; and (iv) is not a member of or affiliated with, | 24 | | directly or indirectly, a manufacturer that produces more than | 25 | | 3,720,000 gallons of beer per year or any other alcoholic | 26 | | liquor. |
| | | 10000HB3853ham001 | - 18 - | LRB100 08301 RPS 23019 a |
|
| 1 | | Notwithstanding any other provision of this Act, a licensed | 2 | | brewer, class 2 brewer, or non-resident dealer who before July | 3 | | 1, 2015 manufactured less than 3,720,000 gallons of beer per | 4 | | year and held a brew pub license on or before July 1, 2015 may | 5 | | (i) continue to qualify for and hold that brew pub license for | 6 | | the licensed premises and (ii) manufacture more than 3,720,000 | 7 | | gallons of beer per year and continue to qualify for and hold | 8 | | that brew pub license if that brewer, class 2 brewer, or | 9 | | non-resident dealer does not simultaneously hold a class 1 | 10 | | brewer license and is not a member of or affiliated with, | 11 | | directly or indirectly, a manufacturer that produces more than | 12 | | 3,720,000 gallons of beer per year or that produces any other | 13 | | alcoholic liquor. | 14 | | (o) A caterer retailer license shall allow the holder
to | 15 | | serve alcoholic liquors as an incidental part of a food service | 16 | | that serves
prepared meals which excludes the serving of snacks | 17 | | as
the primary meal, either on or off-site whether licensed or | 18 | | unlicensed. | 19 | | (p) An auction liquor license shall allow the licensee to | 20 | | sell and offer
for sale at auction wine and spirits for use or | 21 | | consumption, or for resale by
an Illinois liquor licensee in | 22 | | accordance with provisions of this Act. An
auction liquor | 23 | | license will be issued to a person and it will permit the
| 24 | | auction liquor licensee to hold the auction anywhere in the | 25 | | State. An auction
liquor license must be obtained for each | 26 | | auction at least 14 days in advance of
the auction date. |
| | | 10000HB3853ham001 | - 19 - | LRB100 08301 RPS 23019 a |
|
| 1 | | (q) A special use permit license shall allow an Illinois | 2 | | licensed
retailer to transfer a portion of its alcoholic liquor | 3 | | inventory from its
retail licensed premises to the premises | 4 | | specified in the license hereby
created, and to sell or offer | 5 | | for sale at retail, only in the premises
specified in the | 6 | | license hereby created, the transferred alcoholic liquor for
| 7 | | use or consumption, but not for resale in any form. A special | 8 | | use permit
license may be granted for the following time | 9 | | periods: one day or less; 2 or
more days to a maximum of 15 days | 10 | | per location in any 12-month 12 month period. An
applicant for | 11 | | the special use permit license must also submit with the
| 12 | | application proof satisfactory to the State Commission that the | 13 | | applicant will
provide dram shop liability insurance to the | 14 | | maximum limits and have local
authority approval. | 15 | | (r) A winery shipper's license shall allow a person
with a | 16 | | first-class or second-class wine manufacturer's
license, a | 17 | | first-class or second-class wine-maker's license,
or a limited | 18 | | wine manufacturer's license or who is licensed to
make wine | 19 | | under the laws of another state to ship wine
made by that | 20 | | licensee directly to a resident of this
State who is 21 years | 21 | | of age or older for that resident's
personal use and not for | 22 | | resale. Prior to receiving a
winery shipper's license, an | 23 | | applicant for the license must
provide the Commission with a | 24 | | true copy of its current
license in any state in which it is | 25 | | licensed as a manufacturer
of wine. An applicant for a winery | 26 | | shipper's license must
also complete an application form that |
| | | 10000HB3853ham001 | - 20 - | LRB100 08301 RPS 23019 a |
|
| 1 | | provides any other
information the Commission deems necessary. | 2 | | The application form shall include all addresses from which the | 3 | | applicant for a winery shipper's license intends to ship wine, | 4 | | including the name and address of any third party, except for a | 5 | | common carrier, authorized to ship wine on behalf of the | 6 | | manufacturer. The
application form shall include an | 7 | | acknowledgement consenting
to the jurisdiction of the | 8 | | Commission , the Illinois
Department of Revenue, and the courts | 9 | | of this State concerning
the enforcement of this Act and any | 10 | | related laws, rules, and
regulations, including authorizing | 11 | | the Department of Revenue
and the Commission to conduct audits | 12 | | for the purpose of
ensuring compliance with Public Act 95-634, | 13 | | and an acknowledgement that the wine manufacturer is in | 14 | | compliance with Section 6-2 of this Act. Any third party, | 15 | | except for a common carrier, authorized to ship wine on behalf | 16 | | of a first-class or second-class wine manufacturer | 17 | | manufacturer's licensee, a first-class or second-class | 18 | | wine-maker's licensee, a limited wine manufacturer wine | 19 | | manufacturer's licensee, or a person who is licensed to make | 20 | | wine under the laws of another state shall also be disclosed by | 21 | | the winery shipper's licensee, and a copy of the true and fully | 22 | | executed written appointment of the third-party wine provider, | 23 | | except for a common carrier, to the wine manufacturer shall be | 24 | | filed with the State Commission as a supplement to the winery | 25 | | shipper's license application or any renewal thereof. Such | 26 | | written appointments, which are a supplement to the winery |
| | | 10000HB3853ham001 | - 21 - | LRB100 08301 RPS 23019 a |
|
| 1 | | shipper's license application or any renewal thereof, must | 2 | | include provisions in which the third-party provider expressly | 3 | | agrees that, before February 1 of each calendar year and within | 4 | | enough time for the licensee to review the information and file | 5 | | with the State Commission, the third-party provider shall | 6 | | provide the applicant with a signed written statement that | 7 | | includes: | 8 | | (1) an acknowledgement stating that the third-party | 9 | | provider consents to the jurisdiction of the State | 10 | | Commission and the courts of Illinois concerning the | 11 | | enforcement of this Act and any related laws, rules, and | 12 | | regulations; | 13 | | (2) an acknowledgement stating that the applicant is | 14 | | authorized to file the signed written statement with the | 15 | | State Commission; | 16 | | (3) details for each shipment of the applicant's wine | 17 | | to an Illinois resident by the third-party provider; the | 18 | | details must include, but are not limited to, the | 19 | | following; | 20 | | (A) the name and address of the third-party | 21 | | provider filing the statement; | 22 | | (B) the time period covered by the statement; | 23 | | (C) the name, address, and license number of the | 24 | | winery shipper on whose behalf the shipment was made; | 25 | | (D) the quantity, point of origin, and retail value | 26 | | of the products delivered; |
| | | 10000HB3853ham001 | - 22 - | LRB100 08301 RPS 23019 a |
|
| 1 | | (E) the number of cases, the types and brands of | 2 | | wine delivered, and the size of the bottles; | 3 | | (F) the date, time, and address of both the | 4 | | shipment and the delivery; and | 5 | | (G) the name of the individual 21 years of age or | 6 | | more to whom the delivery was made, including a copy or | 7 | | electronic copy of that individual's signature and a | 8 | | chronological account of the third-party provider's | 9 | | dealings with that individual. | 10 | | The winery shipper's license holder shall affirm under penalty | 11 | | of perjury, as part of the winery shipper's license application | 12 | | or renewal, that he or she only ships wine, either directly or | 13 | | indirectly through a third-party provider, from the licensee's | 14 | | own production. | 15 | | Each applicant shall make a signed acknowledgment stating | 16 | | that, except Except for a common carrier, a third-party | 17 | | provider shipping wine on behalf of a winery shipper's license | 18 | | holder is the agent of the winery shipper's license holder and, | 19 | | as such, a winery shipper's license holder is responsible for | 20 | | the acts and omissions of the third-party provider acting on | 21 | | behalf of the license holder. A third-party provider, except | 22 | | for a common carrier, that engages in shipping wine into | 23 | | Illinois on behalf of a winery shipper's license holder shall | 24 | | consent to the jurisdiction of the State Commission and the | 25 | | State. | 26 | | Any third-party, except for a common carrier, holding such |
| | | 10000HB3853ham001 | - 23 - | LRB100 08301 RPS 23019 a |
|
| 1 | | an appointment shall, by February 1 of each calendar year, file | 2 | | with the State Commission a statement detailing each shipment | 3 | | made to an Illinois resident. | 4 | | The State Commission may, at any time, request from a | 5 | | third-party provider holding an appointment from a winery | 6 | | shipper's licensee the information specified in item (3) of | 7 | | this subsection (r). | 8 | | If the State Commission requests the information under item | 9 | | (3) of this subsection (r), the third-party provider must | 10 | | provide that information no later than 30 days after the | 11 | | request is made. Any books, records, supporting papers, and | 12 | | documents containing information and data relating to | 13 | | information provided under this paragraph shall be kept and | 14 | | preserved for a period of 3 years, unless their destruction | 15 | | sooner is authorized, in writing, by the Executive Director of | 16 | | the State Commission, and shall be open and available to | 17 | | inspection by the Executive Director of the State Commission or | 18 | | any duly authorized officer, agent, or employee of the State | 19 | | Commission at all times during business hours of the day. Any | 20 | | person who violates any provision of this paragraph or any rule | 21 | | of the State Commission for the administration and enforcement | 22 | | of the provisions of this paragraph is guilty of a Class C | 23 | | misdemeanor. In case of a continuing violation, each day's | 24 | | continuance thereof shall be a separate and distinct offense. | 25 | | Before an employee of a third-party provider transports any | 26 | | wine within or into this State, that employee shall post with |
| | | 10000HB3853ham001 | - 24 - | LRB100 08301 RPS 23019 a |
|
| 1 | | the State Commission a bond with approved surety payable to the | 2 | | State in the penalty of $1,000 upon the condition that the | 3 | | person will not unlawfully transport or deliver any alcoholic | 4 | | liquors within or into this State. Evidence that the required | 5 | | bond has been posted shall accompany the wine at all times | 6 | | during transportation. The driver or person in charge of any | 7 | | vehicle covered by any bond posted with the State Commission | 8 | | under this subsection shall, when requested by any | 9 | | representative or agent of the State Commission or any person | 10 | | having police authority, exhibit to such person the bill of | 11 | | lading or other memorandum of shipment covering the cargo of | 12 | | the vehicle. | 13 | | A third-party provider shall comply with all applicable | 14 | | provisions of subsection (a) of Section 6-16. Any vehicle used | 15 | | by a third-party provider to transport wine must be owned, | 16 | | leased, or under the control of the third-provider or an | 17 | | employee of the third-party provider. All wine being | 18 | | transported by a third-party provider shall remain unopened in | 19 | | accordance with the provisions of Section 11-502 of the | 20 | | Illinois Vehicle Code and there shall accompany such wine at | 21 | | all times during transportation a bill of lading or other | 22 | | memorandum of shipment signed by the winery shipper's licensee | 23 | | showing an exact description of the wine being transported, the | 24 | | name and address of the consignor, the name and address of the | 25 | | consignee, and the route to be traveled by the vehicle | 26 | | transporting the wine. The route must be the most direct route |
| | | 10000HB3853ham001 | - 25 - | LRB100 08301 RPS 23019 a |
|
| 1 | | from the consignor's place of business to the consignee. The | 2 | | third-party provider transporting the wine shall not vary from | 3 | | the route specified in the bill of lading or other memorandum | 4 | | of shipment, unless there are extenuating circumstances | 5 | | blocking the passage of the route, such as construction or | 6 | | manmade or natural obstructions on a road. Extenuating | 7 | | circumstances do not include momentary obstructions, such as a | 8 | | passing train or train momentarily delayed on the tracks, | 9 | | traffic jam, animal crossing, weather-caused delays, or other | 10 | | similar obstructions. | 11 | | Payment for any wine shipped by a third-party provider | 12 | | shall be received no later than at the time of delivery, and, | 13 | | as a condition of delivery, a third-party provider shall obtain | 14 | | the signature, which may be obtained by using an electronic | 15 | | signature system, of a person 21 years of age or more who has | 16 | | demonstrated his or her age by providing a valid motor vehicle | 17 | | operator's license, Illinois identification card issued under | 18 | | the Illinois Identification Card Act, or other similar | 19 | | identification document issued by a federal or state | 20 | | government. In each shipment of wine, the third-party provider | 21 | | shall include written information concerning fetal alcohol | 22 | | syndrome and fetal alcohol effects resulting from a woman | 23 | | consuming alcohol during pregnancy. A third-party provider | 24 | | shall not deliver wine outside the hours of lawful service of | 25 | | alcoholic liquor in accordance with any applicable law or | 26 | | ordinance and shall not deliver wine to a person who is under |
| | | 10000HB3853ham001 | - 26 - | LRB100 08301 RPS 23019 a |
|
| 1 | | the age of 21 or is intoxicated or simulating intoxication. | 2 | | The winery shipper's licensee must at all times retain | 3 | | control of and direct all business operations and all | 4 | | transactions with consumers and is responsible for any activity | 5 | | of the third-party provider. All orders of wine solicited by a | 6 | | winery shipper's licensee via a third-party provider must be | 7 | | transmitted to the winery shipper's licensee, and the winery | 8 | | shipper's licensee must be clearly identified and control the | 9 | | transaction. Winery shipper's licensees are responsible for | 10 | | the fulfillment of all orders and shipments of wine from the | 11 | | winery shipper's licensed premises. With respect to the | 12 | | collection of funds from a transaction, the winery shipper's | 13 | | licensee must control the ultimate distribution of the funds, | 14 | | and the third-party provider acting as the agent of the winery | 15 | | shipper's licensee must handle the full amount of the collected | 16 | | funds in a manner that ensures the winery shipper's licensee | 17 | | controls the ultimate distribution of funds. All funds | 18 | | collected from a consumer must be first received by the winery | 19 | | shipper's licensee conducting the sale. The winery shipper's | 20 | | licensee thereafter may pay the third-party provider for its | 21 | | services. The third-party provider may not independently | 22 | | collect the funds, retain its fee, and pass the remaining | 23 | | balance to the winery shipper's licensee. A winery shipper's | 24 | | licensee and third-party provider may use an escrow account or | 25 | | similar instrument whereby funds are disbursed only upon the | 26 | | instructions of the winery shipper's licensee. Fees earned by a |
| | | 10000HB3853ham001 | - 27 - | LRB100 08301 RPS 23019 a |
|
| 1 | | third-party provider for providing services to a winery | 2 | | shipper's license holder must be reasonable and may not result | 3 | | in any actual or de facto control over the winery shipper's | 4 | | license holder's business operations, in whole or in part, by | 5 | | the third-party provider. | 6 | | The State Commission shall adopt rules as soon as | 7 | | practicable to implement the requirements of Public Act 99-904 | 8 | | this amendatory Act of the 99th General Assembly and shall | 9 | | adopt rules prohibiting any such third-party appointment of a | 10 | | third-party provider, except for a common carrier, that has | 11 | | been deemed by the State Commission to have violated the | 12 | | provisions of this Act with regard to any winery shipper | 13 | | licensee. | 14 | | A winery shipper licensee must pay to the Department
of | 15 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 16 | | all wine that is sold by the licensee and shipped to a person
| 17 | | in this State. For the purposes of Section 8-1, a winery
| 18 | | shipper licensee shall be taxed in the same manner as a
| 19 | | manufacturer of wine. A licensee who is not otherwise required | 20 | | to register under the Retailers' Occupation Tax Act must
| 21 | | register under the Use Tax Act to collect and remit use tax to
| 22 | | the Department of Revenue for all gallons of wine that are sold
| 23 | | by the licensee and shipped to persons in this State. If a
| 24 | | licensee fails to remit the tax imposed under this Act in
| 25 | | accordance with the provisions of Article VIII of this Act, the
| 26 | | winery shipper's license shall be revoked in accordance
with |
| | | 10000HB3853ham001 | - 28 - | LRB100 08301 RPS 23019 a |
|
| 1 | | the provisions of Article VII of this Act. If a licensee
fails | 2 | | to properly register and remit tax under the Use Tax Act
or the | 3 | | Retailers' Occupation Tax Act for all wine that is sold
by the | 4 | | winery shipper and shipped to persons in this
State, the winery | 5 | | shipper's license shall be revoked in
accordance with the | 6 | | provisions of Article VII of this Act. | 7 | | A winery shipper licensee must collect, maintain, and
| 8 | | submit to the Commission on a semi-annual basis the
total | 9 | | number of cases per resident of wine shipped to residents
of | 10 | | this State.
A winery shipper licensed under this subsection (r)
| 11 | | must comply with the requirements of Section 6-29 of this Act. | 12 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 13 | | Section 3-12, the State Commission may receive, respond to, and | 14 | | investigate any complaint and impose any of the remedies | 15 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 16 | | As used in this subsection, "third-party provider" means an | 17 | | entity, except for a common carrier, that contracts with a | 18 | | winery shipper's licensee, either through a retention or | 19 | | service plan or on a per-delivery basis, to deliver wine to a | 20 | | consumer who has made a purchase of wine through the winery | 21 | | shipper's licensee, but does not include (i) an entity that is | 22 | | owned by the winery shipper's licensee or is a subsidiary of | 23 | | the winery shipper's licensee or (ii) a common carrier that | 24 | | owns a winery shipper's licensee or has a winery shipper's | 25 | | licensee as a subsidiary. | 26 | | (s) A craft distiller tasting permit license shall allow an |
| | | 10000HB3853ham001 | - 29 - | LRB100 08301 RPS 23019 a |
|
| 1 | | Illinois licensed craft distiller to transfer a portion of its | 2 | | alcoholic liquor inventory from its craft distiller licensed | 3 | | premises to the premises specified in the license hereby | 4 | | created and to conduct a sampling, only in the premises | 5 | | specified in the license hereby created, of the transferred | 6 | | alcoholic liquor in accordance with subsection (c) of Section | 7 | | 6-31 of this Act. The transferred alcoholic liquor may not be | 8 | | sold or resold in any form. An applicant for the craft | 9 | | distiller tasting permit license must also submit with the | 10 | | application proof satisfactory to the State Commission that the | 11 | | applicant will provide dram shop liability insurance to the | 12 | | maximum limits and have local authority approval. | 13 | | (Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13; | 14 | | 98-756, eff. 7-16-14; 99-448, eff. 8-24-15; 99-642, eff. | 15 | | 7-28-16; 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, | 16 | | eff. 1-1-17; revised 9-15-16.)
| 17 | | (235 ILCS 5/10-1) (from Ch. 43, par. 183)
| 18 | | Sec. 10-1. Violations; penalties. Whereas a substantial | 19 | | threat
to the sound and careful control, regulation, and | 20 | | taxation of the
manufacture, sale, and distribution of | 21 | | alcoholic liquors exists by virtue
of individuals who | 22 | | manufacture,
import, distribute, or sell alcoholic liquors | 23 | | within the State without
having first obtained a valid license | 24 | | to do so, and whereas such threat is
especially serious along | 25 | | the borders of this State, and whereas such threat
requires |
| | | 10000HB3853ham001 | - 30 - | LRB100 08301 RPS 23019 a |
|
| 1 | | immediate correction by this Act, by active investigation and
| 2 | | prosecution by law enforcement officials and prosecutors, and | 3 | | by prompt and
strict enforcement through the courts of this | 4 | | State to punish violators and
to deter such conduct in the | 5 | | future:
| 6 | | (a) Any person who manufactures, imports
for distribution | 7 | | or use, transports from outside this State into this State, or | 8 | | distributes or sells 108 liters (28.53 gallons) or more of | 9 | | wine, 45 liters (11.88 gallons) or more of distilled spirits, | 10 | | or 118 liters (31.17 gallons) or more of beer at any
place | 11 | | within the State without having first obtained a valid license | 12 | | to do
so under the provisions of this Act shall be guilty of a | 13 | | Class 4 felony for each offense. However, any person who was | 14 | | duly licensed under this Act and whose license expired within | 15 | | 30 days prior to a violation shall be guilty of a business | 16 | | offense and fined not more than $1,000 for the first such | 17 | | offense and shall be guilty of a Class 4 felony for each | 18 | | subsequent offense.
| 19 | | Any person who manufactures, imports for distribution, | 20 | | transports from outside this State into this State for sale or | 21 | | resale in this State, or distributes or sells less than 108 | 22 | | liters (28.53 gallons) of wine, less than 45 liters (11.88 | 23 | | gallons) of distilled spirits, or less than 118 liters (31.17 | 24 | | gallons) of beer at any place within the State without having | 25 | | first obtained a valid license to do so under the provisions of | 26 | | this Act shall be guilty of a business offense and fined not |
| | | 10000HB3853ham001 | - 31 - | LRB100 08301 RPS 23019 a |
|
| 1 | | more than $1,000 for the first such offense and shall be guilty | 2 | | of a Class 4 felony for each subsequent offense. This | 3 | | subsection does not apply to a motor carrier or freight | 4 | | forwarder, as defined in Section 13102 of Title 49 of the | 5 | | United States Code, an air carrier, as defined in Section 40102 | 6 | | of Title 49 of the United States Code, or a rail carrier, as | 7 | | defined in Section 10102 of Title 49 of the United States Code , | 8 | | or a third-party provider, as defined in subsection (r) of | 9 | | Section 5-1 of this Act . | 10 | | Any person who both has been issued an initial cease and | 11 | | desist notice from the State Commission and for compensation | 12 | | ships alcoholic liquor into this State without a license | 13 | | authorized by Section 5-1 issued by the State Commission or in | 14 | | violation of that license is guilty of a Class 4 felony for | 15 | | each offense. | 16 | | (b) (1) Any retailer, licensed in this State, who knowingly | 17 | | causes to
furnish,
give, sell, or otherwise being within the | 18 | | State, any alcoholic liquor destined
to be used, distributed, | 19 | | consumed or sold in another state, unless such
alcoholic liquor | 20 | | was received in this State by a duly licensed distributor,
or | 21 | | importing distributors shall have his license suspended for 7 | 22 | | days for
the first offense and for the second offense, shall | 23 | | have his license
revoked by the Commission.
| 24 | | (2) In the event the Commission receives a certified copy | 25 | | of a final order
from a foreign jurisdiction that an Illinois | 26 | | retail licensee has been found to
have violated that foreign |
| | | 10000HB3853ham001 | - 32 - | LRB100 08301 RPS 23019 a |
|
| 1 | | jurisdiction's laws, rules, or regulations
concerning the | 2 | | importation of alcoholic liquor into that foreign | 3 | | jurisdiction,
the violation may be grounds for the Commission | 4 | | to revoke, suspend, or refuse
to
issue or renew a license, to | 5 | | impose a fine, or to take any additional action
provided by | 6 | | this Act with respect to the Illinois retail license or | 7 | | licensee.
Any such action on the part of the Commission shall | 8 | | be in accordance with this
Act and implementing rules.
| 9 | | For the purposes of paragraph (2): (i) "foreign | 10 | | jurisdiction" means a
state, territory, or possession of the | 11 | | United States, the District of Columbia,
or the Commonwealth of | 12 | | Puerto Rico, and (ii) "final order" means an order or
judgment | 13 | | of a court or administrative body that determines the rights of | 14 | | the
parties respecting the subject matter of the proceeding, | 15 | | that remains in full
force and effect, and from which no appeal | 16 | | can be taken.
| 17 | | (c) Any person who shall make any false statement or | 18 | | otherwise
violates any of the provisions of this Act in | 19 | | obtaining any license
hereunder, or who having obtained a | 20 | | license hereunder shall violate any
of the provisions of this | 21 | | Act with respect to the manufacture,
possession, distribution | 22 | | or sale of alcoholic liquor, or with respect to
the maintenance | 23 | | of the licensed premises, or shall violate any other
provision | 24 | | of this Act, shall for a first offense be guilty of a petty
| 25 | | offense and fined not more than $500, and for a second or | 26 | | subsequent
offense shall be guilty of a Class B misdemeanor.
|
| | | 10000HB3853ham001 | - 33 - | LRB100 08301 RPS 23019 a |
|
| 1 | | (c-5) Any owner of an establishment that serves alcohol on | 2 | | its premises, if more than 50% of the establishment's gross | 3 | | receipts within the prior 3 months is from the sale of alcohol, | 4 | | who knowingly fails to prohibit concealed firearms on its | 5 | | premises or who knowingly makes a false statement or record to | 6 | | avoid the prohibition of concealed firearms on its premises | 7 | | under the Firearm Concealed Carry Act shall be guilty of a | 8 | | business offense with a fine up to $5,000. | 9 | | (d) Each day any person engages in business as a | 10 | | manufacturer,
foreign importer, importing distributor, | 11 | | distributor or retailer in
violation of the provisions of this | 12 | | Act shall constitute a separate offense.
| 13 | | (e) Any person, under the age of 21 years who, for the | 14 | | purpose
of buying, accepting or receiving alcoholic liquor from | 15 | | a
licensee, represents that he is 21 years of age or over shall | 16 | | be guilty
of a Class A misdemeanor.
| 17 | | (f) In addition to the penalties herein provided, any | 18 | | person
licensed as a wine-maker in either class who | 19 | | manufactures more wine than
authorized by his license shall be | 20 | | guilty of a business offense and shall be
fined $1 for each | 21 | | gallon so manufactured.
| 22 | | (g) A person shall be exempt from prosecution for a | 23 | | violation of this
Act if he is a peace officer in the | 24 | | enforcement of the criminal laws and
such activity is approved | 25 | | in writing by one of the following:
| 26 | | (1) In all counties, the respective State's Attorney;
|
| | | 10000HB3853ham001 | - 34 - | LRB100 08301 RPS 23019 a |
|
| 1 | | (2) The Director of State Police under
Section 2605-10, | 2 | | 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,
2605-115, | 3 | | 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, | 4 | | 2605-205, 2605-210,
2605-215, 2605-250, 2605-275, | 5 | | 2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
| 6 | | 2605-340,
2605-350, 2605-355, 2605-360, 2605-365, | 7 | | 2605-375, 2605-390, 2605-400, 2605-405,
2605-420,
| 8 | | 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the | 9 | | Department of State
Police Law (20 ILCS 2605/2605-10, | 10 | | 2605/2605-15, 2605/2605-75,
2605/2605-100, 2605/2605-105, | 11 | | 2605/2605-110, 2605/2605-115,
2605/2605-120, | 12 | | 2605/2605-130, 2605/2605-140, 2605/2605-190, | 13 | | 2605/2605-200,
2605/2605-205, 2605/2605-210, | 14 | | 2605/2605-215, 2605/2605-250, 2605/2605-275,
| 15 | | 2605/2605-300,
2605/2605-305, 2605/2605-315, | 16 | | 2605/2605-325, 2605/2605-335, 2605/2605-340,
| 17 | | 2605/2605-350, 2605/2605-355, 2605/2605-360,
| 18 | | 2605/2605-365, 2605/2605-375, 2605/2605-390,
| 19 | | 2605/2605-400, 2605/2605-405, 2605/2605-420, | 20 | | 2605/2605-430, 2605/2605-435,
2605/2605-500, | 21 | | 2605/2605-525, or 2605/2605-550); or
| 22 | | (3) In cities over 1,000,000, the Superintendent of | 23 | | Police.
| 24 | | (Source: P.A. 98-63, eff. 7-9-13; 99-904, eff. 1-1-17 .)
| 25 | | Section 99. Effective date. This Act takes effect upon |
| | | 10000HB3853ham001 | - 35 - | LRB100 08301 RPS 23019 a |
|
| 1 | | becoming law.".
|
|