Full Text of HB3610 101st General Assembly
HB3610enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning liquor.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Sections 5-1, 6-6, and 6-6.5 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, | 17 | | (d) Retailer's license, | 18 | | (e) Special Event Retailer's license (not-for-profit), | 19 | | (f) Railroad license, | 20 | | (g) Boat license, | 21 | | (h) Non-Beverage User's license, | 22 | | (i) Wine-maker's premises license, | 23 | | (j) Airplane license, |
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| 1 | | (k) Foreign importer's license, | 2 | | (l) Broker's license, | 3 | | (m) Non-resident dealer's
license, | 4 | | (n) Brew Pub license, | 5 | | (o) Auction liquor license, | 6 | | (p) Caterer retailer license, | 7 | | (q) Special use permit license, | 8 | | (r) Winery shipper's license, | 9 | | (s) Craft distiller tasting permit, | 10 | | (t) Brewer warehouse permit. | 11 | | No
person, firm, partnership, corporation, or other legal | 12 | | business entity that is
engaged in the manufacturing of wine | 13 | | may concurrently obtain and hold a
wine-maker's license and a | 14 | | wine manufacturer's license. | 15 | | (a) A manufacturer's license shall allow the manufacture,
| 16 | | importation in bulk, storage, distribution and sale of | 17 | | alcoholic liquor
to persons without the State, as may be | 18 | | permitted by law and to licensees
in this State as follows: | 19 | | Class 1. A Distiller may make sales and deliveries of | 20 | | alcoholic liquor to
distillers, rectifiers, importing | 21 | | distributors, distributors and
non-beverage users and to no | 22 | | other licensees. | 23 | | Class 2. A Rectifier, who is not a distiller, as defined | 24 | | herein, may make
sales and deliveries of alcoholic liquor to | 25 | | rectifiers, importing distributors,
distributors, retailers | 26 | | and non-beverage users and to no other licensees. |
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| 1 | | Class 3. A Brewer may make sales and deliveries of beer to | 2 | | importing
distributors and distributors and may make sales as | 3 | | authorized under subsection (e) of Section 6-4 of this Act. | 4 | | Class 4. A first class wine-manufacturer may make sales and | 5 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
| 6 | | importing
distributors and distributors, and to no other | 7 | | licensees. | 8 | | Class 5. A second class Wine manufacturer may make sales | 9 | | and deliveries
of more than 50,000 gallons of wine to | 10 | | manufacturers, importing distributors
and distributors and to | 11 | | no other licensees. | 12 | | Class 6. A first-class wine-maker's license shall allow the | 13 | | manufacture
of up to 50,000 gallons of wine per year, and the
| 14 | | storage
and sale of such
wine to distributors in the State and | 15 | | to persons without the
State, as may be permitted by law. A | 16 | | person who, prior to June 1, 2008 (the effective date of Public | 17 | | Act 95-634), is a holder of a first-class wine-maker's license | 18 | | and annually produces more than 25,000 gallons of its own wine | 19 | | and who distributes its wine to licensed retailers shall cease | 20 | | this practice on or before July 1, 2008 in compliance with | 21 | | Public Act 95-634. | 22 | | Class 7. A second-class wine-maker's license shall allow | 23 | | the manufacture
of between 50,000 and 150,000 gallons of wine | 24 | | per year, and
the
storage and sale of such wine
to distributors | 25 | | in this State and to persons without the State, as may be
| 26 | | permitted by law. A person who, prior to June 1, 2008 (the |
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| 1 | | effective date of Public Act 95-634), is a holder of a | 2 | | second-class wine-maker's license and annually produces more | 3 | | than 25,000 gallons of its own wine and who distributes its | 4 | | wine to licensed retailers shall cease this practice on or | 5 | | before July 1, 2008 in compliance with Public Act 95-634. | 6 | | Class 8. A limited wine-manufacturer may make sales and | 7 | | deliveries not to
exceed 40,000 gallons of wine per year to | 8 | | distributors, and to
non-licensees in accordance with the | 9 | | provisions of this Act. | 10 | | Class 9. A craft distiller license shall allow the | 11 | | manufacture of up to 100,000 gallons of spirits by distillation | 12 | | per year and the storage of such spirits. If a craft distiller | 13 | | licensee, including a craft distiller licensee who holds more | 14 | | than one craft distiller license, is not affiliated with any | 15 | | other manufacturer of spirits, then the craft distiller | 16 | | licensee may sell such spirits to distributors in this State | 17 | | and up to 2,500 gallons of such spirits to non-licensees to the | 18 | | extent permitted by any exemption approved by the Commission | 19 | | pursuant to Section 6-4 of this Act. A craft distiller license | 20 | | holder may store such spirits at a non-contiguous licensed | 21 | | location, but at no time shall a craft distiller license holder | 22 | | directly or indirectly produce in the aggregate more than | 23 | | 100,000 gallons of spirits per year. | 24 | | A craft distiller licensee may hold more than one craft | 25 | | distiller's license. However, a craft distiller that holds more | 26 | | than one craft distiller license shall not manufacture, in the |
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| 1 | | aggregate, more than 100,000 gallons of spirits by distillation | 2 | | per year and shall not sell, in the aggregate, more than 2,500 | 3 | | gallons of such spirits to non-licensees in accordance with an | 4 | | exemption approved by the State Commission pursuant to Section | 5 | | 6-4 of this Act. | 6 | | Any craft distiller licensed under this Act who on July 28, | 7 | | 2010 (the effective date of Public Act 96-1367) was licensed as | 8 | | a distiller and manufactured no more spirits than permitted by | 9 | | this Section shall not be required to pay the initial licensing | 10 | | fee. | 11 | | Class 10. A class 1 brewer license, which may only be | 12 | | issued to a licensed brewer or licensed non-resident dealer, | 13 | | shall allow the manufacture of up to 930,000 gallons of beer | 14 | | per year provided that the class 1 brewer licensee does not | 15 | | manufacture more than a combined 930,000 gallons of beer per | 16 | | year and is not a member of or affiliated with, directly or | 17 | | indirectly, a manufacturer that produces more than 930,000 | 18 | | gallons of beer per year or any other alcoholic liquor. A class | 19 | | 1 brewer licensee may make sales and deliveries to importing | 20 | | distributors and distributors and to retail licensees in | 21 | | accordance with the conditions set forth in paragraph (18) of | 22 | | subsection (a) of Section 3-12 of this Act. If the State | 23 | | Commission provides prior approval, a class 1 brewer may | 24 | | annually transfer up to 930,000 gallons of beer manufactured by | 25 | | that class 1 brewer to the premises of a licensed class 1 | 26 | | brewer wholly owned and operated by the same licensee. |
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| 1 | | Class 11. A class 2 brewer license, which may only be | 2 | | issued to a licensed brewer or licensed non-resident dealer, | 3 | | shall allow the manufacture of up to 3,720,000 gallons of beer | 4 | | per year provided that the class 2 brewer licensee does not | 5 | | manufacture more than a combined 3,720,000 gallons of beer per | 6 | | year and is not a member of or affiliated with, directly or | 7 | | indirectly, a manufacturer that produces more than 3,720,000 | 8 | | gallons of beer per year or any other alcoholic liquor. A class | 9 | | 2 brewer licensee may make sales and deliveries to importing | 10 | | distributors and distributors, but shall not make sales or | 11 | | deliveries to any other licensee. If the State Commission | 12 | | provides prior approval, a class 2 brewer licensee may annually | 13 | | transfer up to 3,720,000 gallons of beer manufactured by that | 14 | | class 2 brewer licensee to the premises of a licensed class 2 | 15 | | brewer wholly owned and operated by the same licensee. | 16 | | A class 2 brewer may transfer beer to a brew pub wholly | 17 | | owned and operated by the class 2 brewer subject to the | 18 | | following limitations and restrictions: (i) the transfer shall | 19 | | not annually exceed more than 31,000 gallons; (ii) the annual | 20 | | amount transferred shall reduce the brew pub's annual permitted | 21 | | production limit; (iii) all beer transferred shall be subject | 22 | | to Article VIII of this Act; (iv) a written record shall be | 23 | | maintained by the brewer and brew pub specifying the amount, | 24 | | date of delivery, and receipt of the product by the brew pub; | 25 | | and (v) the brew pub shall be located no farther than 80 miles | 26 | | from the class 2 brewer's licensed location. |
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| 1 | | A class 2 brewer shall, prior to transferring beer to a | 2 | | brew pub wholly owned by the class 2 brewer, furnish a written | 3 | | notice to the State Commission of intent to transfer beer | 4 | | setting forth the name and address of the brew pub and shall | 5 | | annually submit to the State Commission a verified report | 6 | | identifying the total gallons of beer transferred to the brew | 7 | | pub wholly owned by the class 2 brewer. | 8 | | (a-1) A manufacturer which is licensed in this State to | 9 | | make sales or
deliveries of alcoholic liquor to licensed | 10 | | distributors or importing distributors and which enlists | 11 | | agents, representatives, or
individuals acting on its behalf | 12 | | who contact licensed retailers on a regular
and continual basis | 13 | | in this State must register those agents, representatives,
or | 14 | | persons acting on its behalf with the State Commission. | 15 | | Registration of agents, representatives, or persons acting | 16 | | on behalf of a
manufacturer is fulfilled by submitting a form | 17 | | to the Commission. The form
shall be developed by the | 18 | | Commission and shall include the name and address of
the | 19 | | applicant, the name and address of the manufacturer he or she | 20 | | represents,
the territory or areas assigned to sell to or | 21 | | discuss pricing terms of
alcoholic liquor, and any other | 22 | | questions deemed appropriate and necessary.
All statements in | 23 | | the forms required to be made by law or by rule shall be
deemed | 24 | | material, and any person who knowingly misstates any material | 25 | | fact under
oath in an application is guilty of a Class B | 26 | | misdemeanor. Fraud,
misrepresentation, false statements, |
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| 1 | | misleading statements, evasions, or
suppression of material | 2 | | facts in the securing of a registration are grounds for
| 3 | | suspension or revocation of the registration. The State | 4 | | Commission shall post a list of registered agents on the | 5 | | Commission's website. | 6 | | (b) A distributor's license shall allow the wholesale | 7 | | purchase and storage
of alcoholic liquors and sale of alcoholic | 8 | | liquors to licensees in this State and to persons without the | 9 | | State, as may be permitted by law, and the sale of beer, cider, | 10 | | or both beer and cider to brewers, class 1 brewers, and class 2 | 11 | | brewers that, pursuant to subsection (e) of Section 6-4 of this | 12 | | Act, sell beer, cider, or both beer and cider to non-licensees | 13 | | at their breweries. No person licensed as a distributor shall | 14 | | be granted a non-resident dealer's license. | 15 | | (c) An importing distributor's license may be issued to and | 16 | | held by
those only who are duly licensed distributors, upon the | 17 | | filing of an
application by a duly licensed distributor, with | 18 | | the Commission and
the Commission shall, without the
payment of | 19 | | any fee, immediately issue such importing distributor's
| 20 | | license to the applicant, which shall allow the importation of | 21 | | alcoholic
liquor by the licensee into this State from any point | 22 | | in the United
States outside this State, and the purchase of | 23 | | alcoholic liquor in
barrels, casks or other bulk containers and | 24 | | the bottling of such
alcoholic liquors before resale thereof, | 25 | | but all bottles or containers
so filled shall be sealed, | 26 | | labeled, stamped and otherwise made to comply
with all |
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| 1 | | provisions, rules and regulations governing manufacturers in
| 2 | | the preparation and bottling of alcoholic liquors. The | 3 | | importing
distributor's license shall permit such licensee to | 4 | | purchase alcoholic
liquor from Illinois licensed non-resident | 5 | | dealers and foreign importers only. No person licensed as an | 6 | | importing distributor shall be granted a non-resident dealer's | 7 | | license. | 8 | | (d) A retailer's license shall allow the licensee to sell | 9 | | and offer
for sale at retail, only in the premises specified in | 10 | | the license,
alcoholic liquor for use or consumption, but not | 11 | | for resale in any form. Nothing in Public Act 95-634 shall | 12 | | deny, limit, remove, or restrict the ability of a holder of a | 13 | | retailer's license to transfer, deliver, or ship alcoholic | 14 | | liquor to the purchaser for use or consumption subject to any | 15 | | applicable local law or ordinance. Any retail license issued to | 16 | | a manufacturer shall only
permit the manufacturer to sell beer | 17 | | at retail on the premises actually
occupied by the | 18 | | manufacturer. For the purpose of further describing the type of | 19 | | business conducted at a retail licensed premises, a retailer's | 20 | | licensee may be designated by the State Commission as (i) an on | 21 | | premise consumption retailer, (ii) an off premise sale | 22 | | retailer, or (iii) a combined on premise consumption and off | 23 | | premise sale retailer.
| 24 | | Notwithstanding any other provision of this subsection | 25 | | (d), a retail
licensee may sell alcoholic liquors to a special | 26 | | event retailer licensee for
resale to the extent permitted |
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| 1 | | under subsection (e). | 2 | | (e) A special event retailer's license (not-for-profit) | 3 | | shall permit the
licensee to purchase alcoholic liquors from an | 4 | | Illinois licensed distributor
(unless the licensee purchases | 5 | | less than $500 of alcoholic liquors for the
special event, in | 6 | | which case the licensee may purchase the alcoholic liquors
from | 7 | | a licensed retailer) and shall allow the licensee to sell and | 8 | | offer for
sale, at retail, alcoholic liquors for use or | 9 | | consumption, but not for resale
in any form and only at the | 10 | | location and on the specific dates designated for
the special | 11 | | event in the license. An applicant for a special event retailer
| 12 | | license must
(i) furnish with the application: (A) a resale | 13 | | number issued under Section
2c of the Retailers' Occupation Tax | 14 | | Act or evidence that the applicant is
registered under Section | 15 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | 16 | | exemption identification
number issued under Section 1g of the | 17 | | Retailers' Occupation Tax Act, and a
certification to the | 18 | | Commission that the purchase of alcoholic liquors will be
a | 19 | | tax-exempt purchase, or (C) a statement that the applicant is | 20 | | not registered
under Section 2a of the Retailers' Occupation | 21 | | Tax Act, does not hold a resale
number under Section 2c of the | 22 | | Retailers' Occupation Tax Act, and does not
hold an exemption | 23 | | number under Section 1g of the Retailers' Occupation Tax
Act, | 24 | | in which event the Commission shall set forth on the special | 25 | | event
retailer's license a statement to that effect; (ii) | 26 | | submit with the application proof satisfactory to
the State |
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| 1 | | Commission that the applicant will provide dram shop liability
| 2 | | insurance in the maximum limits; and (iii) show proof | 3 | | satisfactory to the
State Commission that the applicant has | 4 | | obtained local authority
approval. | 5 | | Nothing in this Act prohibits an Illinois licensed | 6 | | distributor from offering credit or a refund for unused, | 7 | | salable alcoholic liquors to a holder of a special event | 8 | | retailer's license or from the special event retailer's | 9 | | licensee from accepting the credit or refund of alcoholic | 10 | | liquors at the conclusion of the event specified in the | 11 | | license. | 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 |
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| 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
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| 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
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| 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 |
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| 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 |
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| 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. |
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| 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 by duly filing such | 16 | | registration statement, thereby authorizing the non-resident | 17 | | dealer to proceed to sell such brands at wholesale, and (iii) | 18 | | the non-resident dealer shall comply with the provisions of | 19 | | Sections 6-5 and 6-6 of this Act to the same extent that these | 20 | | provisions apply to manufacturers. No person licensed as a | 21 | | non-resident dealer shall be granted a distributor's or | 22 | | importing distributor's license. | 23 | | (n) A brew pub license shall allow the licensee to only (i) | 24 | | manufacture up to 155,000 gallons of beer per year only
on the | 25 | | premises specified in the license, (ii) make sales of the
beer | 26 | | manufactured on the premises or, with the approval of the |
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| 1 | | Commission, beer manufactured on another brew pub licensed | 2 | | premises that is wholly owned and operated by the same licensee | 3 | | to importing distributors, distributors,
and to non-licensees | 4 | | for use and consumption, (iii) store the beer upon
the | 5 | | premises, (iv) sell and offer for sale at retail from the | 6 | | licensed
premises for off-premises
consumption no more than | 7 | | 155,000 gallons per year so long as such sales are only made | 8 | | in-person, (v) sell and offer for sale at retail for use and | 9 | | consumption on the premises specified in the license any form | 10 | | of alcoholic liquor purchased from a licensed distributor or | 11 | | importing distributor, and (vi) with the prior approval of the | 12 | | Commission, annually transfer no more than 155,000 gallons of | 13 | | beer manufactured on the premises to a licensed brew pub wholly | 14 | | owned and operated by the same licensee , and (vii) | 15 | | notwithstanding item (i) of this subsection, brew pubs wholly | 16 | | owned and operated by the same licensee may combine each | 17 | | location's production limit of 155,000 gallons of beer per year | 18 | | and allocate the aggregate total between the wholly owned, | 19 | | operated, and licensed locations . | 20 | | A brew pub licensee shall not under any circumstance sell | 21 | | or offer for sale beer manufactured by the brew pub licensee to | 22 | | retail licensees. | 23 | | A person who holds a class 2 brewer license may | 24 | | simultaneously hold a brew pub license if the class 2 brewer | 25 | | (i) does not, under any circumstance, sell or offer for sale | 26 | | beer manufactured by the class 2 brewer to retail licensees; |
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| 1 | | (ii) does not hold more than 3 brew pub licenses in this State; | 2 | | (iii) does not manufacture more than a combined 3,720,000 | 3 | | gallons of beer per year, including the beer manufactured at | 4 | | the brew pub; and (iv) is not a member of or affiliated with, | 5 | | directly or indirectly, a manufacturer that produces more than | 6 | | 3,720,000 gallons of beer per year or any other alcoholic | 7 | | liquor. | 8 | | Notwithstanding any other provision of this Act, a licensed | 9 | | brewer, class 2 brewer, or non-resident dealer who before July | 10 | | 1, 2015 manufactured less than 3,720,000 gallons of beer per | 11 | | year and held a brew pub license on or before July 1, 2015 may | 12 | | (i) continue to qualify for and hold that brew pub license for | 13 | | the licensed premises and (ii) manufacture more than 3,720,000 | 14 | | gallons of beer per year and continue to qualify for and hold | 15 | | that brew pub license if that brewer, class 2 brewer, or | 16 | | non-resident dealer does not simultaneously hold a class 1 | 17 | | brewer license and is not a member of or affiliated with, | 18 | | directly or indirectly, a manufacturer that produces more than | 19 | | 3,720,000 gallons of beer per year or that produces any other | 20 | | alcoholic liquor. | 21 | | (o) A caterer retailer license shall allow the holder
to | 22 | | serve alcoholic liquors as an incidental part of a food service | 23 | | that serves
prepared meals which excludes the serving of snacks | 24 | | as
the primary meal, either on or off-site whether licensed or | 25 | | unlicensed. | 26 | | (p) An auction liquor license shall allow the licensee to |
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| 1 | | sell and offer
for sale at auction wine and spirits for use or | 2 | | consumption, or for resale by
an Illinois liquor licensee in | 3 | | accordance with provisions of this Act. An
auction liquor | 4 | | license will be issued to a person and it will permit the
| 5 | | auction liquor licensee to hold the auction anywhere in the | 6 | | State. An auction
liquor license must be obtained for each | 7 | | auction at least 14 days in advance of
the auction date. | 8 | | (q) A special use permit license shall allow an Illinois | 9 | | licensed
retailer to transfer a portion of its alcoholic liquor | 10 | | inventory from its
retail licensed premises to the premises | 11 | | specified in the license hereby
created, and to sell or offer | 12 | | for sale at retail, only in the premises
specified in the | 13 | | license hereby created, the transferred alcoholic liquor for
| 14 | | use or consumption, but not for resale in any form. A special | 15 | | use permit
license may be granted for the following time | 16 | | periods: one day or less; 2 or
more days to a maximum of 15 days | 17 | | per location in any 12-month period. An
applicant for the | 18 | | special use permit license must also submit with the
| 19 | | application proof satisfactory to the State Commission that the | 20 | | applicant will
provide dram shop liability insurance to the | 21 | | maximum limits and have local
authority approval. | 22 | | (r) A winery shipper's license shall allow a person
with a | 23 | | first-class or second-class wine manufacturer's
license, a | 24 | | first-class or second-class wine-maker's license,
or a limited | 25 | | wine manufacturer's license or who is licensed to
make wine | 26 | | under the laws of another state to ship wine
made by that |
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| 1 | | licensee directly to a resident of this
State who is 21 years | 2 | | of age or older for that resident's
personal use and not for | 3 | | resale. Prior to receiving a
winery shipper's license, an | 4 | | applicant for the license must
provide the Commission with a | 5 | | true copy of its current
license in any state in which it is | 6 | | licensed as a manufacturer
of wine. An applicant for a winery | 7 | | shipper's license must
also complete an application form that | 8 | | provides any other
information the Commission deems necessary. | 9 | | The application form shall include all addresses from which the | 10 | | applicant for a winery shipper's license intends to ship wine, | 11 | | including the name and address of any third party, except for a | 12 | | common carrier, authorized to ship wine on behalf of the | 13 | | manufacturer. The
application form shall include an | 14 | | acknowledgement consenting
to the jurisdiction of the | 15 | | Commission, the Illinois
Department of Revenue, and the courts | 16 | | of this State concerning
the enforcement of this Act and any | 17 | | related laws, rules, and
regulations, including authorizing | 18 | | the Department of Revenue
and the Commission to conduct audits | 19 | | for the purpose of
ensuring compliance with Public Act 95-634, | 20 | | and an acknowledgement that the wine manufacturer is in | 21 | | compliance with Section 6-2 of this Act. Any third party, | 22 | | except for a common carrier, authorized to ship wine on behalf | 23 | | of a first-class or second-class wine manufacturer's licensee, | 24 | | a first-class or second-class wine-maker's licensee, a limited | 25 | | wine manufacturer's licensee, or a person who is licensed to | 26 | | make wine under the laws of another state shall also be |
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| 1 | | disclosed by the winery shipper's licensee, and a copy of the | 2 | | written appointment of the third-party wine provider, except | 3 | | for a common carrier, to the wine manufacturer shall be filed | 4 | | with the State Commission as a supplement to the winery | 5 | | shipper's license application or any renewal thereof. The | 6 | | winery shipper's license holder shall affirm under penalty of | 7 | | perjury, as part of the winery shipper's license application or | 8 | | renewal, that he or she only ships wine, either directly or | 9 | | indirectly through a third-party provider, from the licensee's | 10 | | own production. | 11 | | Except for a common carrier, a third-party provider | 12 | | shipping wine on behalf of a winery shipper's license holder is | 13 | | the agent of the winery shipper's license holder and, as such, | 14 | | a winery shipper's license holder is responsible for the acts | 15 | | and omissions of the third-party provider acting on behalf of | 16 | | the license holder. A third-party provider, except for a common | 17 | | carrier, that engages in shipping wine into Illinois on behalf | 18 | | of a winery shipper's license holder shall consent to the | 19 | | jurisdiction of the State Commission and the State. Any | 20 | | third-party, except for a common carrier, holding such an | 21 | | appointment shall, by February 1 of each calendar year and upon | 22 | | request by the State Commission or the Department of Revenue, | 23 | | file with the State Commission a statement detailing each | 24 | | shipment made to an Illinois resident. The statement shall | 25 | | include the name and address of the third-party provider filing | 26 | | the statement, the time period covered by the statement, and |
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| 1 | | the following information: | 2 | | (1) the name, address, and license number of the winery | 3 | | shipper on whose behalf the shipment was made; | 4 | | (2) the quantity of the products delivered; and | 5 | | (3) the date and address of the shipment. | 6 | | If the Department of Revenue or the State Commission requests a | 7 | | statement under this paragraph, the third-party provider must | 8 | | provide that statement no later than 30 days after the request | 9 | | is made. Any books, records, supporting papers, and documents | 10 | | containing information and data relating to a statement under | 11 | | this paragraph shall be kept and preserved for a period of 3 | 12 | | years, unless their destruction sooner is authorized, in | 13 | | writing, by the Director of Revenue, and shall be open and | 14 | | available to inspection by the Director of Revenue or the State | 15 | | Commission or any duly authorized officer, agent, or employee | 16 | | of the State Commission or the Department of Revenue, at all | 17 | | times during business hours of the day. Any person who violates | 18 | | any provision of this paragraph or any rule of the State | 19 | | Commission for the administration and enforcement of the | 20 | | provisions of this paragraph is guilty of a Class C | 21 | | misdemeanor. In case of a continuing violation, each day's | 22 | | continuance thereof shall be a separate and distinct offense. | 23 | | The State Commission shall adopt rules as soon as | 24 | | practicable to implement the requirements of Public Act 99-904 | 25 | | and shall adopt rules prohibiting any such third-party | 26 | | appointment of a third-party provider, except for a common |
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| 1 | | carrier, that has been deemed by the State Commission to have | 2 | | violated the provisions of this Act with regard to any winery | 3 | | shipper licensee. | 4 | | A winery shipper licensee must pay to the Department
of | 5 | | Revenue the State liquor gallonage tax under Section 8-1 for
| 6 | | all wine that is sold by the licensee and shipped to a person
| 7 | | in this State. For the purposes of Section 8-1, a winery
| 8 | | shipper licensee shall be taxed in the same manner as a
| 9 | | manufacturer of wine. A licensee who is not otherwise required | 10 | | to register under the Retailers' Occupation Tax Act must
| 11 | | register under the Use Tax Act to collect and remit use tax to
| 12 | | the Department of Revenue for all gallons of wine that are sold
| 13 | | by the licensee and shipped to persons in this State. If a
| 14 | | licensee fails to remit the tax imposed under this Act in
| 15 | | accordance with the provisions of Article VIII of this Act, the
| 16 | | winery shipper's license shall be revoked in accordance
with | 17 | | the provisions of Article VII of this Act. If a licensee
fails | 18 | | to properly register and remit tax under the Use Tax Act
or the | 19 | | Retailers' Occupation Tax Act for all wine that is sold
by the | 20 | | winery shipper and shipped to persons in this
State, the winery | 21 | | shipper's license shall be revoked in
accordance with the | 22 | | provisions of Article VII of this Act. | 23 | | A winery shipper licensee must collect, maintain, and
| 24 | | submit to the Commission on a semi-annual basis the
total | 25 | | number of cases per resident of wine shipped to residents
of | 26 | | this State.
A winery shipper licensed under this subsection (r)
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| 1 | | must comply with the requirements of Section 6-29 of this Act. | 2 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | 3 | | Section 3-12, the State Commission may receive, respond to, and | 4 | | investigate any complaint and impose any of the remedies | 5 | | specified in paragraph (1) of subsection (a) of Section 3-12. | 6 | | As used in this subsection, "third-party provider" means | 7 | | any entity that provides fulfillment house services, including | 8 | | warehousing, packaging, distribution, order processing, or | 9 | | shipment of wine, but not the sale of wine, on behalf of a | 10 | | licensed winery shipper. | 11 | | (s) A craft distiller tasting permit license shall allow an | 12 | | Illinois licensed craft distiller to transfer a portion of its | 13 | | alcoholic liquor inventory from its craft distiller licensed | 14 | | premises to the premises specified in the license hereby | 15 | | created and to conduct a sampling, only in the premises | 16 | | specified in the license hereby created, of the transferred | 17 | | alcoholic liquor in accordance with subsection (c) of Section | 18 | | 6-31 of this Act. The transferred alcoholic liquor may not be | 19 | | sold or resold in any form. An applicant for the craft | 20 | | distiller tasting permit license must also submit with the | 21 | | application proof satisfactory to the State Commission that the | 22 | | applicant will provide dram shop liability insurance to the | 23 | | maximum limits and have local authority approval. | 24 | | A brewer warehouse permit may be issued to the holder of a | 25 | | class 1 brewer license or a class 2 brewer license. If the | 26 | | holder of the permit is a class 1 brewer licensee, the brewer |
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| 1 | | warehouse permit shall allow the holder to store or warehouse | 2 | | up to 930,000 gallons of tax-determined beer manufactured by | 3 | | the holder of the permit at the premises specified on the | 4 | | permit. If the holder of the permit is a class 2 brewer | 5 | | licensee, the brewer warehouse permit shall allow the holder to | 6 | | store or warehouse up to 3,720,000 gallons of tax-determined | 7 | | beer manufactured by the holder of the permit at the premises | 8 | | specified on the permit. Sales to non-licensees are prohibited | 9 | | at the premises specified in the brewer warehouse permit. | 10 | | (Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16; | 11 | | 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff. | 12 | | 1-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17; 100-816, | 13 | | eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff. 8-23-18; | 14 | | revised 10-2-18.)
| 15 | | (235 ILCS 5/6-6) (from Ch. 43, par. 123)
| 16 | | Sec. 6-6.
Except as otherwise provided in this Act no | 17 | | manufacturer or
distributor or importing distributor shall, | 18 | | directly or indirectly,
sell, supply, furnish, give or pay for, | 19 | | or loan or lease, any
furnishing, fixture or equipment on the | 20 | | premises of a place of business
of another licensee authorized | 21 | | under this Act to sell alcoholic liquor
at retail, either for | 22 | | consumption on or off the premises, nor shall he or she,
| 23 | | directly or indirectly, pay for any such license, or advance, | 24 | | furnish,
lend or give money for payment of such license, or | 25 | | purchase or become
the owner of any note, mortgage, or other |
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| 1 | | evidence of indebtedness of
such licensee or any form of | 2 | | security therefor, nor shall such
manufacturer, or | 3 | | distributor, or importing distributor, directly or
indirectly, | 4 | | be interested in the ownership, conduct or operation of the
| 5 | | business of any licensee authorized to sell alcoholic liquor at | 6 | | retail,
nor shall any manufacturer, or distributor, or | 7 | | importing distributor be
interested directly or indirectly or | 8 | | as owner or part owner of said
premises or as lessee or lessor | 9 | | thereof, in any premises upon which
alcoholic liquor is sold at | 10 | | retail.
| 11 | | No manufacturer or distributor or importing distributor | 12 | | shall,
directly or indirectly or through a subsidiary or | 13 | | affiliate, or by any
officer, director or firm of such | 14 | | manufacturer, distributor or importing
distributor, furnish, | 15 | | give, lend or rent, install, repair or maintain,
to or for any | 16 | | retail licensee in this State, any
signs or inside advertising | 17 | | materials except as provided in this Section and
Section 6-5. | 18 | | With respect to
retail licensees, other than any government | 19 | | owned or operated auditorium,
exhibition hall, recreation | 20 | | facility or other similar facility holding a
retailer's license | 21 | | as described in Section 6-5, a manufacturer,
distributor, or | 22 | | importing distributor may furnish, give, lend or rent and
| 23 | | erect, install, repair and maintain to or for any retail | 24 | | licensee, for use
at any one time in or about or in connection | 25 | | with a retail establishment on
which the products of the | 26 | | manufacturer, distributor or importing
distributor are sold, |
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| 1 | | the following signs and inside advertising materials
as | 2 | | authorized in subparts (i), (ii), (iii), and (iv):
| 3 | | (i) Permanent outside signs shall cost not more than | 4 | | $3,000 per manufacturer, exclusive of erection,
| 5 | | installation, repair and maintenance costs, and permit | 6 | | fees and
shall bear only the manufacturer's name, brand | 7 | | name, trade name, slogans,
markings, trademark, or other | 8 | | symbols commonly associated with and generally
used in | 9 | | identifying the product including, but not limited to, | 10 | | "cold beer", "on
tap", "carry out", and "packaged liquor".
| 11 | | (ii) Temporary outside signs shall include, but not be | 12 | | limited to, banners, flags, pennants,
streamers, and other | 13 | | items of a temporary and non-permanent
nature, and shall | 14 | | cost not more than $1,000 per manufacturer. Each temporary | 15 | | outside sign must include the manufacturer's name,
brand | 16 | | name, trade name, slogans, markings,
trademark, or other | 17 | | symbol commonly associated with and generally used in
| 18 | | identifying the product. Temporary outside signs may also | 19 | | include,
for example, the product,
price, packaging, date | 20 | | or dates of a promotion and an announcement of a
retail | 21 | | licensee's specific sponsored event, if the temporary | 22 | | outside sign is
intended to promote a product, and provided | 23 | | that the announcement of the retail
licensee's event and | 24 | | the product promotion are held simultaneously. However,
| 25 | | temporary outside signs may not include names, slogans, | 26 | | markings, or logos that
relate to the retailer. Nothing in |
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| 1 | | this subpart (ii) shall prohibit a
distributor or importing | 2 | | distributor from bearing the cost of creating or
printing a | 3 | | temporary outside sign for the retail licensee's specific | 4 | | sponsored
event or from bearing the cost of creating or | 5 | | printing a temporary sign for a
retail licensee containing, | 6 | | for example, community goodwill expressions,
regional | 7 | | sporting event announcements, or seasonal messages, | 8 | | provided that the
primary purpose of the temporary outside | 9 | | sign is to highlight, promote, or
advertise the product.
In | 10 | | addition, temporary outside signs provided by the | 11 | | manufacturer to
the distributor or importing distributor | 12 | | may also include, for example, subject
to the limitations | 13 | | of this Section, preprinted community goodwill | 14 | | expressions,
sporting event announcements, seasonal | 15 | | messages, and manufacturer promotional
announcements. | 16 | | However, a distributor or importing distributor shall not | 17 | | bear
the cost of such manufacturer preprinted signs.
| 18 | | (iii) Permanent inside
signs, whether visible from the | 19 | | outside or the inside of the premises,
include, but are not | 20 | | limited to: alcohol lists and menus that may include
names, | 21 | | slogans, markings, or logos that relate to the retailer; | 22 | | neons;
illuminated signs; clocks; table lamps; mirrors; | 23 | | tap handles; decalcomanias;
window painting; and window | 24 | | trim. All neons, illuminated signs, clocks, table lamps, | 25 | | mirrors, and tap handles are the property of the | 26 | | manufacturer and shall be returned to the manufacturer or |
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| 1 | | its agent upon request. All permanent inside signs in place
| 2 | | and in use at any one time shall cost in the aggregate not | 3 | | more than $6,000 per
manufacturer. A permanent inside sign | 4 | | must include the
manufacturer's name, brand name, trade | 5 | | name, slogans, markings, trademark, or
other symbol | 6 | | commonly associated with and generally used in identifying
| 7 | | the product. However,
permanent inside signs may not | 8 | | include names, slogans, markings, or logos
that relate to | 9 | | the retailer. For the purpose of this subpart (iii), all
| 10 | | permanent inside signs may be displayed in an adjacent | 11 | | courtyard or patio
commonly referred to as a "beer garden" | 12 | | that is a part of the retailer's
licensed premises.
| 13 | | (iv) Temporary inside signs shall include, but are not | 14 | | limited to, lighted
chalk boards, acrylic table tent | 15 | | beverage or hors d'oeuvre list holders,
banners, flags, | 16 | | pennants, streamers, and inside advertising materials such | 17 | | as
posters, placards, bowling sheets, table tents, inserts | 18 | | for acrylic table tent
beverage or hors d'oeuvre list | 19 | | holders, sports schedules,
or similar printed or | 20 | | illustrated materials and product displays, such as | 21 | | display racks, bins, barrels, or similar items, the primary | 22 | | function of which is to temporarily hold and display | 23 | | alcoholic beverages; however, such items, for example,
as | 24 | | coasters, trays, napkins, glassware , growlers, crowlers, | 25 | | and cups shall not be deemed to be
inside signs or | 26 | | advertising materials and may only be sold to retailers at |
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| 1 | | fair market value, which shall be no less than the cost of | 2 | | the item to the manufacturer, distributor, or importing | 3 | | distributor. All
temporary inside signs and inside | 4 | | advertising materials in place and in use at
any one time | 5 | | shall cost in the aggregate not more than $1,000 per | 6 | | manufacturer.
Nothing in this subpart (iv) prohibits a | 7 | | distributor or importing distributor
from paying the cost | 8 | | of
printing or creating any temporary inside banner or | 9 | | inserts for acrylic table
tent beverage or hors d'oeuvre | 10 | | list holders for a retail licensee, provided
that the | 11 | | primary purpose for the banner or insert is to highlight, | 12 | | promote, or
advertise the product. For the purpose of this | 13 | | subpart (iv), all temporary
inside signs and inside | 14 | | advertising materials may be displayed in an adjacent
| 15 | | courtyard or patio commonly referred to as a "beer garden" | 16 | | that is a part of
the retailer's licensed premises.
| 17 | | The restrictions contained in this Section 6-6 do not apply | 18 | | to signs, or
promotional or advertising materials furnished by | 19 | | manufacturers, distributors
or importing distributors to a | 20 | | government owned or operated facility holding
a retailer's | 21 | | license as described in Section 6-5.
| 22 | | No distributor or importing distributor shall directly or | 23 | | indirectly
or through a subsidiary or affiliate, or by any | 24 | | officer, director or
firm of such manufacturer, distributor or | 25 | | importing distributor,
furnish, give, lend or rent, install, | 26 | | repair or maintain, to or for any
retail licensee in this |
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| 1 | | State, any signs or
inside advertising materials described in | 2 | | subparts (i), (ii), (iii), or (iv)
of this Section except as | 3 | | the agent for or on behalf of a manufacturer,
provided that the | 4 | | total cost of any signs and inside advertising materials
| 5 | | including but not limited to labor, erection, installation and | 6 | | permit fees
shall be paid by the manufacturer whose product or | 7 | | products said signs
and inside advertising materials advertise | 8 | | and except as follows:
| 9 | | A distributor or importing distributor may purchase from or | 10 | | enter into a
written agreement with a manufacturer or a | 11 | | manufacturer's designated supplier
and such manufacturer or | 12 | | the manufacturer's designated supplier may sell or
enter into | 13 | | an agreement to sell to a distributor or importing distributor
| 14 | | permitted signs and advertising materials described in | 15 | | subparts (ii), (iii), or
(iv) of this Section for the purpose | 16 | | of furnishing, giving, lending, renting,
installing, | 17 | | repairing, or maintaining such signs or advertising materials | 18 | | to or
for any retail licensee in this State. Any purchase by a | 19 | | distributor or
importing distributor from a manufacturer or a | 20 | | manufacturer's designated
supplier shall be voluntary and the | 21 | | manufacturer may not require the
distributor or the importing | 22 | | distributor to purchase signs or advertising
materials from the | 23 | | manufacturer or the manufacturer's designated supplier.
| 24 | | A distributor or importing distributor shall be deemed the | 25 | | owner of such
signs or advertising materials purchased from a | 26 | | manufacturer or
a manufacturer's designated supplier.
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| 1 | | The provisions of Public Act 90-373
concerning signs or | 2 | | advertising materials delivered by a manufacturer to a
| 3 | | distributor or importing distributor shall apply only to signs | 4 | | or advertising
materials delivered on or after August 14, 1997.
| 5 | | A manufacturer, distributor, or importing distributor may | 6 | | furnish free social media advertising to a retail licensee if | 7 | | the social media advertisement does not contain the retail | 8 | | price of any alcoholic liquor and the social media | 9 | | advertisement complies with any applicable rules or | 10 | | regulations issued by the Alcohol and Tobacco Tax and Trade | 11 | | Bureau of the United States Department of the Treasury. A | 12 | | manufacturer, distributor, or importing distributor may list | 13 | | the names of one or more unaffiliated retailers in the | 14 | | advertisement of alcoholic liquor through social media. | 15 | | Nothing in this Section shall prohibit a retailer from | 16 | | communicating with a manufacturer, distributor, or importing | 17 | | distributor on social media or sharing media on the social | 18 | | media of a manufacturer, distributor, or importing | 19 | | distributor. A retailer may request free social media | 20 | | advertising from a manufacturer, distributor, or importing | 21 | | distributor. Nothing in this Section shall prohibit a | 22 | | manufacturer, distributor, or importing distributor from | 23 | | sharing, reposting, or otherwise forwarding a social media post | 24 | | by a retail licensee, so long as the sharing, reposting, or | 25 | | forwarding of the social media post does not contain the retail | 26 | | price of any alcoholic liquor. No manufacturer, distributor, or |
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| 1 | | importing distributor shall pay or reimburse a retailer, | 2 | | directly or indirectly, for any social media advertising | 3 | | services, except as specifically permitted in this Act. No | 4 | | retailer shall accept any payment or reimbursement, directly or | 5 | | indirectly, for any social media advertising services offered | 6 | | by a manufacturer, distributor, or importing distributor, | 7 | | except as specifically permitted in this Act. For the purposes | 8 | | of this Section, "social media" means a service, platform, or | 9 | | site where users communicate with one another and share media, | 10 | | such as pictures, videos, music, and blogs, with other users | 11 | | free of charge. | 12 | | No person engaged in the business of manufacturing, | 13 | | importing or
distributing alcoholic liquors shall, directly or | 14 | | indirectly, pay for,
or advance, furnish, or lend money for the | 15 | | payment of any license for
another. Any licensee who shall | 16 | | permit or assent, or be a party in any
way to any violation or | 17 | | infringement of the provisions of this Section
shall be deemed | 18 | | guilty of a violation of this Act, and any money loaned
| 19 | | contrary to a provision of this Act shall not be recovered | 20 | | back, or any
note, mortgage or other evidence of indebtedness, | 21 | | or security, or any
lease or contract obtained or made contrary | 22 | | to this Act shall be
unenforceable and void.
| 23 | | This Section shall not apply to airplane licensees | 24 | | exercising powers
provided in paragraph (i) of Section 5-1 of | 25 | | this Act.
| 26 | | (Source: P.A. 99-448, eff. 8-24-15; 100-885, eff. 8-14-18.)
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| 1 | | (235 ILCS 5/6-6.5)
| 2 | | Sec. 6-6.5. Sanitation and use of growlers and crowlers . | 3 | | (a) A manufacturer, distributor, or importing
distributor | 4 | | may not provide for free, but may sell coil cleaning services | 5 | | and installation services, including labor costs, to a retail | 6 | | licensee at fair market
cost.
| 7 | | A manufacturer, distributor, or importing distributor may | 8 | | not provide for free, but may sell dispensing
accessories to | 9 | | retail licensees at a price not less than the cost to the
| 10 | | manufacturer, distributor, or importing distributor who | 11 | | initially purchased
them. Dispensing accessories include, but | 12 | | are not limited to, items such as
standards, faucets, cold | 13 | | plates, rods, vents, taps, tap standards, hoses,
washers, | 14 | | couplings, gas gauges, vent tongues, shanks, glycol draught | 15 | | systems, pumps, and check valves.
| 16 | | Coil cleaning supplies
consisting of detergents, cleaning | 17 | | chemicals, brushes, or similar type cleaning
devices may be | 18 | | sold at a price not less than the cost to the manufacturer,
| 19 | | distributor, or importing distributor.
| 20 | | (a-5) A manufacturer of beer licensed under subsection (e) | 21 | | of Section 6-4 or a brew pub may
transfer any beer manufactured | 22 | | or sold on its licensed premises to a growler or crowler and | 23 | | sell those growlers or crowlers to non-licensees for | 24 | | consumption off the premises. A manufacturer of beer under | 25 | | subsection (e) of Section 6-4 or a brew pub is not subject to |
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| 1 | | subsection (b) of this Section. | 2 | | (b) An on-premises retail licensee may transfer beer to a | 3 | | growler or crowler, which is not an original manufacturer | 4 | | container, but is a reusable rigid container that holds up to | 5 | | 128 fluid ounces of beer and is designed to be sealed on | 6 | | premises by the licensee for off-premises consumption, if the | 7 | | following requirements are met: | 8 | | (1) the beer is transferred within the licensed | 9 | | premises by an employee of the licensed premises at the | 10 | | time of sale; | 11 | | (2) the person transferring the alcohol to be sold to | 12 | | the end consumer is 21 years of age or older; | 13 | | (3) the growler or crowler holds no more than 128 fluid | 14 | | ounces; | 15 | | (4) the growler or crowler bears a twist-type closure, | 16 | | cork, stopper, or plug and includes a one-time use | 17 | | tamper-proof seal; | 18 | | (5) the growler or crowler is affixed with a label or | 19 | | tag that contains the following information: | 20 | | (A) the brand name of the product dispensed; | 21 | | (B) the name of the brewer or bottler; | 22 | | (C) the type of product, such as beer, ale, lager, | 23 | | bock, stout, or other brewed or fermented beverage; | 24 | | (D) the net contents; | 25 | | (E) the name and address of the business that | 26 | | cleaned, sanitized, labeled, and filled or refilled |
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| 1 | | the growler or crowler; and | 2 | | (F) the date the growler or crowler was filled or | 3 | | refilled; | 4 | | (5.5) the growler or crowler has been purged with CO 2 | 5 | | prior to sealing the container; | 6 | | (6) the on-premises retail licensee complies with the | 7 | | sanitation requirements under subsections (a) through (c) | 8 | | of 11 Ill. Adm. Code 100.160 when sanitizing the dispensing | 9 | | equipment used to draw beer to fill the growler or crowler | 10 | | or refill the growler; | 11 | | (7) before filling the growler or crowler or refilling | 12 | | the growler, the on-premises retail licensee or licensee's | 13 | | employee shall clean and sanitize the growler or crowler in | 14 | | one of the following manners: | 15 | | (A) By manual washing in a 3-compartment sink. | 16 | | (i) Before sanitizing the growler or crowler, | 17 | | the sinks and work area shall be cleaned to remove | 18 | | any chemicals, oils, or grease from other cleaning | 19 | | activities. | 20 | | (ii) Any residual liquid from the growler | 21 | | shall be emptied into a drain. A growler shall not | 22 | | be emptied into the cleaning water. | 23 | | (iii) The growler and cap shall be cleaned in | 24 | | water and detergent. The water temperature shall | 25 | | be, at a minimum, 110 degrees Fahrenheit or the | 26 | | temperature specified on the cleaning agent |
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| 1 | | manufacturer's label instructions. The detergent | 2 | | shall not be fat-based or oil-based. | 3 | | (iv) Any residues on the interior and exterior | 4 | | of the growler shall be removed. | 5 | | (v) The growler and cap shall be rinsed with | 6 | | water in the middle compartment. Rinsing may be | 7 | | from the spigot with a spray arm, from a spigot, or | 8 | | from a tub as long as the water for rinsing is not | 9 | | stagnant but is continually refreshed. | 10 | | (vi) The growler shall be sanitized in the | 11 | | third compartment. Chemical sanitizer shall be | 12 | | used in accordance with the United States | 13 | | Environmental Protection Agency-registered label | 14 | | use instructions and shall meet the minimum water | 15 | | temperature requirements of that chemical. | 16 | | (vii) A test kit or other device that | 17 | | accurately measures the concentration in | 18 | | milligrams per liter of chemical sanitizing | 19 | | solutions shall be provided and be readily | 20 | | accessible for use. | 21 | | (B) By using a mechanical washing and sanitizing | 22 | | machine. | 23 | | (i) Mechanical washing and sanitizing machines | 24 | | shall be provided with an easily accessible and | 25 | | readable data plate affixed to the machine by the | 26 | | manufacturer and shall be used according to the |
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| 1 | | machine's design and operation specifications. | 2 | | (ii) Mechanical washing and sanitizing | 3 | | machines shall be equipped with chemical or hot | 4 | | water sanitization. | 5 | | (iii) The concentration of the sanitizing | 6 | | solution or the water temperature shall be | 7 | | accurately determined by using a test kit or other | 8 | | device. | 9 | | (iv) The machine shall be regularly serviced | 10 | | based upon the manufacturer's or installer's | 11 | | guidelines. | 12 | | (C) By transferring beer to a growler or crowler | 13 | | with a tube. | 14 | | (i) Beer may be transferred to a growler or | 15 | | crowler from the bottom of the growler or crowler | 16 | | to the top with a tube that is attached to the tap | 17 | | and extends to the bottom of the growler or crowler | 18 | | or with a commercial filling machine. | 19 | | (ii) Food grade sanitizer shall be used in | 20 | | accordance with the United States Environmental | 21 | | Protection Agency-registered label use | 22 | | instructions. | 23 | | (iii) A container of liquid food grade | 24 | | sanitizer shall be maintained for no more than 10 | 25 | | malt beverage taps that will be used for filling | 26 | | growlers or crowlers and refilling growlers. |
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| 1 | | (iv) Each container shall contain no less than | 2 | | 5 tubes that will be used only for filling growlers | 3 | | or crowlers and refilling growlers. | 4 | | (v) The growler or crowler must be inspected | 5 | | visually for contamination. | 6 | | (vi) After each transfer of beer to a growler | 7 | | or crowler, the tube shall be immersed in the | 8 | | container with the liquid food grade sanitizer. | 9 | | (vii) A different tube from the container must | 10 | | be used for each fill of a growler or crowler or | 11 | | refill of a growler. | 12 | | (c) Growlers and crowlers that comply with items (4) and | 13 | | (5) of subsection (b) shall not be deemed an unsealed container | 14 | | for purposes of Section 11-502 of the Illinois Vehicle Code. | 15 | | (d) Growlers and crowlers, as described and authorized | 16 | | under this Section, are not original packages for the purposes | 17 | | of this Act. Upon a consumer taking possession of a growler or | 18 | | crowler from an on-premises retail licensee, the growler or | 19 | | crowler and its contents are deemed to be in the sole custody, | 20 | | control, and care of the consumer. | 21 | | (Source: P.A. 90-432, eff. 1-1-98.)
| 22 | | Section 10. The Illinois Vehicle Code is amended by | 23 | | changing Section 11-502 as follows:
| 24 | | (625 ILCS 5/11-502) (from Ch. 95 1/2, par. 11-502)
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| 1 | | Sec. 11-502. Transportation or possession of alcoholic | 2 | | liquor in
a motor vehicle. | 3 | | (a) Except as provided in paragraph (c) and in Sections | 4 | | 6-6.5 and 6-33 of the Liquor Control Act of 1934 , no driver may
| 5 | | transport, carry, possess or have any alcoholic
liquor within | 6 | | the passenger area of any motor vehicle upon a highway in
this | 7 | | State except in the original container and with the seal | 8 | | unbroken.
| 9 | | (b) Except as provided in paragraph (c) and in Sections | 10 | | 6-6.5 and 6-33 of the Liquor Control Act of 1934 , no passenger | 11 | | may carry, possess
or have any alcoholic liquor within any | 12 | | passenger area of any motor vehicle
upon a highway in this | 13 | | State except in the original container and with the
seal | 14 | | unbroken.
| 15 | | (c) This Section shall not apply to the passengers in a | 16 | | limousine when
it is being used for purposes for which a | 17 | | limousine is ordinarily used,
the passengers on a chartered bus | 18 | | when it is being used for purposes for
which chartered buses | 19 | | are ordinarily used or on a motor home or mini motor
home as | 20 | | defined in Section 1-145.01 of this Code. However, the driver | 21 | | of
any such vehicle is prohibited from consuming or having any | 22 | | alcoholic
liquor in or about the driver's area. Any evidence of | 23 | | alcoholic consumption
by the driver shall be prima facie | 24 | | evidence of such driver's failure to
obey this Section. For the | 25 | | purposes of this Section, a limousine is a motor
vehicle of the | 26 | | first division with the passenger compartment enclosed by a
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| 1 | | partition or dividing window used in the for-hire | 2 | | transportation of
passengers and operated by an individual in | 3 | | possession of a valid Illinois
driver's license of the | 4 | | appropriate classification pursuant to Section 6-104
of this | 5 | | Code.
| 6 | | (d) (Blank).
| 7 | | (e) Any driver who is convicted of violating subsection (a) | 8 | | of this
Section for a second or subsequent time within one year | 9 | | of a similar
conviction shall be subject to suspension of | 10 | | driving privileges as
provided, in paragraph 23 of subsection | 11 | | (a) of Section 6-206 of this Code.
| 12 | | (f) Any driver, who is less than 21 years of age at the | 13 | | date of the
offense and who is convicted of violating | 14 | | subsection (a) of this Section or a
similar provision of a | 15 | | local ordinance, shall be subject to the loss of driving
| 16 | | privileges as provided in paragraph 13 of subsection (a) of | 17 | | Section 6-205 of
this Code and paragraph 33 of subsection (a) | 18 | | of Section 6-206 of this Code.
| 19 | | (Source: P.A. 94-1047, eff. 1-1-07; 95-847, eff. 8-15-08.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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