Bill Amendment: IL HB3237 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LIQUOR-SOCIAL MEDIA ADVERTISE
Status: 2015-08-24 - Public Act . . . . . . . . . 99-0448 [HB3237 Detail]
Download: Illinois-2015-HB3237-Senate_Amendment_001.html
Bill Title: LIQUOR-SOCIAL MEDIA ADVERTISE
Status: 2015-08-24 - Public Act . . . . . . . . . 99-0448 [HB3237 Detail]
Download: Illinois-2015-HB3237-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3237
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2 | AMENDMENT NO. ______. Amend House Bill 3237 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Liquor Control Act of 1934 is amended by | ||||||
5 | changing Sections 1-3.33, 1-3.38, 3-12, 5-1, 5-3, 6-4, 6-5, | ||||||
6 | 6-6, 6-11, and 6-36 and by adding Section 1-3.40 as follows:
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7 | (235 ILCS 5/1-3.33)
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8 | Sec. 1-3.33.
"Brew Pub" means a person who manufactures no | ||||||
9 | more than 155,000 gallons of beer per year only at a
designated | ||||||
10 | licensed premises to make sales to importing distributors, | ||||||
11 | distributors,
and to non-licensees for use and consumption | ||||||
12 | only, who stores beer
at the designated premises, and who is | ||||||
13 | allowed to sell at retail from the
licensed premises, provided | ||||||
14 | that a brew pub licensee shall not sell for
off-premises | ||||||
15 | consumption more than 155,000 50,000 gallons per year. A person | ||||||
16 | who holds a brew pub license may simultaneously hold a craft |
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1 | brewer license if he or she otherwise qualifies for the craft | ||||||
2 | brewer license and the craft brewer license is for a location | ||||||
3 | separate from the brew pub's licensed premises.
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4 | (Source: P.A. 97-5, eff. 6-1-11.)
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5 | (235 ILCS 5/1-3.38) | ||||||
6 | Sec. 1-3.38. Class 1 brewer. " Class 1 Craft brewer" means a | ||||||
7 | person who is a holder of a licensed brewer license or licensed | ||||||
8 | non-resident dealer license who manufactures up to 930,000 | ||||||
9 | gallons of beer per year and who may make sales and deliveries | ||||||
10 | to importing distributors and distributors and to retail | ||||||
11 | licensees in accordance with the conditions set forth in | ||||||
12 | paragraph (18) of subsection (a) of Section 3-12 of this Act.
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13 | (Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13.)
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14 | (235 ILCS 5/1-3.40 new) | ||||||
15 | Sec. 1-3.40. Class 2 brewer. "Class 2 brewer" means a | ||||||
16 | person who is a holder of a brewer license or non-resident | ||||||
17 | dealer license who manufactures up to 3,720,000 gallons of beer | ||||||
18 | per year for sale to a licensed importing distributor or | ||||||
19 | distributor.
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20 | (235 ILCS 5/3-12)
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21 | (Text of Section before amendment by P.A. 98-939 ) | ||||||
22 | Sec. 3-12. Powers and duties of State Commission.
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23 | (a) The State commission shall have the following powers, |
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1 | functions, and
duties:
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2 | (1) To receive applications and to issue licenses to | ||||||
3 | manufacturers,
foreign importers, importing distributors, | ||||||
4 | distributors, non-resident dealers,
on premise consumption | ||||||
5 | retailers, off premise sale retailers, special event
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6 | retailer licensees, special use permit licenses, auction | ||||||
7 | liquor licenses, brew
pubs, caterer retailers, | ||||||
8 | non-beverage users, railroads, including owners and
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9 | lessees of sleeping, dining and cafe cars, airplanes, | ||||||
10 | boats, brokers, and wine
maker's premises licensees in | ||||||
11 | accordance with the provisions of this Act, and
to suspend | ||||||
12 | or revoke such licenses upon the State commission's | ||||||
13 | determination,
upon notice after hearing, that a licensee | ||||||
14 | has violated any provision of this
Act or any rule or | ||||||
15 | regulation issued pursuant thereto and in effect for 30 | ||||||
16 | days
prior to such violation. Except in the case of an | ||||||
17 | action taken pursuant to a
violation of Section 6-3, 6-5, | ||||||
18 | or 6-9, any action by the State Commission to
suspend or | ||||||
19 | revoke a licensee's license may be limited to the license | ||||||
20 | for the
specific premises where the violation occurred.
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21 | In lieu of suspending or revoking a license, the | ||||||
22 | commission may impose
a fine, upon the State commission's | ||||||
23 | determination and notice after hearing,
that a licensee has | ||||||
24 | violated any provision of this Act or any rule or
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25 | regulation issued pursuant thereto and in effect for 30 | ||||||
26 | days prior to such
violation. |
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1 | For the purpose of this paragraph (1), when determining | ||||||
2 | multiple violations for the sale of alcohol to a person | ||||||
3 | under the age of 21, a second or subsequent violation for | ||||||
4 | the sale of alcohol to a person under the age of 21 shall | ||||||
5 | only be considered if it was committed within 5 years after | ||||||
6 | the date when a prior violation for the sale of alcohol to | ||||||
7 | a person under the age of 21 was committed. | ||||||
8 | The fine imposed under this paragraph may not exceed | ||||||
9 | $500 for each
violation. Each day that the activity, which | ||||||
10 | gave rise to the original fine,
continues is a separate | ||||||
11 | violation. The maximum fine that may be levied against
any | ||||||
12 | licensee, for the period of the license, shall not exceed | ||||||
13 | $20,000.
The maximum penalty that may be imposed on a | ||||||
14 | licensee for selling a bottle of
alcoholic liquor with a | ||||||
15 | foreign object in it or serving from a bottle of
alcoholic | ||||||
16 | liquor with a foreign object in it shall be the destruction | ||||||
17 | of that
bottle of alcoholic liquor for the first 10 bottles | ||||||
18 | so sold or served from by
the licensee. For the eleventh | ||||||
19 | bottle of alcoholic liquor and for each third
bottle | ||||||
20 | thereafter sold or served from by the licensee with a | ||||||
21 | foreign object in
it, the maximum penalty that may be | ||||||
22 | imposed on the licensee is the destruction
of the bottle of | ||||||
23 | alcoholic liquor and a fine of up to $50.
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24 | (2) To adopt such rules and regulations consistent with | ||||||
25 | the
provisions of this Act which shall be necessary to | ||||||
26 | carry on its
functions and duties to the end that the |
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1 | health, safety and welfare of
the People of the State of | ||||||
2 | Illinois shall be protected and temperance in
the | ||||||
3 | consumption of alcoholic liquors shall be fostered and | ||||||
4 | promoted and
to distribute copies of such rules and | ||||||
5 | regulations to all licensees
affected thereby.
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6 | (3) To call upon other administrative departments of | ||||||
7 | the State,
county and municipal governments, county and | ||||||
8 | city police departments and
upon prosecuting officers for | ||||||
9 | such information and assistance as it
deems necessary in | ||||||
10 | the performance of its duties.
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11 | (4) To recommend to local commissioners rules and | ||||||
12 | regulations, not
inconsistent with the law, for the | ||||||
13 | distribution and sale of alcoholic
liquors throughout the | ||||||
14 | State.
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15 | (5) To inspect, or cause to be inspected, any
premises | ||||||
16 | in this State
where alcoholic liquors are manufactured, | ||||||
17 | distributed, warehoused, or
sold. Nothing in this Act
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18 | authorizes an agent of the Commission to inspect private
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19 | areas within the premises without reasonable suspicion or a | ||||||
20 | warrant
during an inspection. "Private areas" include, but | ||||||
21 | are not limited to, safes, personal property, and closed | ||||||
22 | desks.
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23 | (5.1) Upon receipt of a complaint or upon having | ||||||
24 | knowledge that any person
is engaged in business as a | ||||||
25 | manufacturer, importing distributor, distributor,
or | ||||||
26 | retailer without a license or valid license, to notify the |
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1 | local liquor
authority, file a complaint with the State's | ||||||
2 | Attorney's Office of the county
where the incident | ||||||
3 | occurred, or initiate an investigation with the | ||||||
4 | appropriate
law enforcement officials.
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5 | (5.2) To issue a cease and desist notice to persons | ||||||
6 | shipping alcoholic
liquor
into this State from a point | ||||||
7 | outside of this State if the shipment is in
violation of | ||||||
8 | this Act.
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9 | (5.3) To receive complaints from licensees, local | ||||||
10 | officials, law
enforcement agencies, organizations, and | ||||||
11 | persons stating that any licensee has
been or is violating | ||||||
12 | any provision of this Act or the rules and regulations
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13 | issued pursuant to this Act. Such complaints shall be in | ||||||
14 | writing, signed and
sworn to by the person making the | ||||||
15 | complaint, and shall state with specificity
the facts in | ||||||
16 | relation to the alleged violation. If the Commission has
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17 | reasonable grounds to believe that the complaint | ||||||
18 | substantially alleges a
violation of this Act or rules and | ||||||
19 | regulations adopted pursuant to this Act, it
shall conduct | ||||||
20 | an investigation. If, after conducting an investigation, | ||||||
21 | the
Commission is satisfied that the alleged violation did | ||||||
22 | occur, it shall proceed
with disciplinary action against | ||||||
23 | the licensee as provided in this Act.
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24 | (6) To hear and determine appeals from orders of a | ||||||
25 | local commission
in accordance with the provisions of this | ||||||
26 | Act, as hereinafter set forth.
Hearings under this |
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1 | subsection shall be held in Springfield or Chicago,
at | ||||||
2 | whichever location is the more convenient for the majority | ||||||
3 | of persons
who are parties to the hearing.
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4 | (7) The commission shall establish uniform systems of | ||||||
5 | accounts to be
kept by all retail licensees having more | ||||||
6 | than 4 employees, and for this
purpose the commission may | ||||||
7 | classify all retail licensees having more
than 4 employees | ||||||
8 | and establish a uniform system of accounts for each
class | ||||||
9 | and prescribe the manner in which such accounts shall be | ||||||
10 | kept.
The commission may also prescribe the forms of | ||||||
11 | accounts to be kept by
all retail licensees having more | ||||||
12 | than 4 employees, including but not
limited to accounts of | ||||||
13 | earnings and expenses and any distribution,
payment, or | ||||||
14 | other distribution of earnings or assets, and any other
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15 | forms, records and memoranda which in the judgment of the | ||||||
16 | commission may
be necessary or appropriate to carry out any | ||||||
17 | of the provisions of this
Act, including but not limited to | ||||||
18 | such forms, records and memoranda as
will readily and | ||||||
19 | accurately disclose at all times the beneficial
ownership | ||||||
20 | of such retail licensed business. The accounts, forms,
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21 | records and memoranda shall be available at all reasonable | ||||||
22 | times for
inspection by authorized representatives of the | ||||||
23 | State commission or by
any local liquor control | ||||||
24 | commissioner or his or her authorized representative.
The | ||||||
25 | commission, may, from time to time, alter, amend or repeal, | ||||||
26 | in whole
or in part, any uniform system of accounts, or the |
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1 | form and manner of
keeping accounts.
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2 | (8) In the conduct of any hearing authorized to be held | ||||||
3 | by the
commission, to appoint, at the commission's | ||||||
4 | discretion, hearing officers
to conduct hearings involving | ||||||
5 | complex issues or issues that will require a
protracted | ||||||
6 | period of time to resolve, to examine, or cause to be | ||||||
7 | examined,
under oath, any licensee, and to examine or cause | ||||||
8 | to be examined the books and
records
of such licensee; to | ||||||
9 | hear testimony and take proof material for its
information | ||||||
10 | in the discharge of its duties hereunder; to administer or
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11 | cause to be administered oaths; for any such purpose to | ||||||
12 | issue
subpoena or subpoenas to require the attendance of | ||||||
13 | witnesses and the
production of books, which shall be | ||||||
14 | effective in any part of this State, and
to adopt rules to | ||||||
15 | implement its powers under this paragraph (8).
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16 | Any Circuit Court may by order duly entered,
require | ||||||
17 | the attendance of witnesses and the production of relevant | ||||||
18 | books
subpoenaed by the State commission and the court may | ||||||
19 | compel
obedience to its order by proceedings for contempt.
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20 | (9) To investigate the administration of laws in | ||||||
21 | relation to
alcoholic liquors in this and other states and | ||||||
22 | any foreign countries,
and to recommend from time to time | ||||||
23 | to the Governor and through him or
her to the legislature | ||||||
24 | of this State, such amendments to this Act, if any, as
it | ||||||
25 | may think desirable and as will serve to further the | ||||||
26 | general broad
purposes contained in Section 1-2 hereof.
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1 | (10) To adopt such rules and regulations consistent | ||||||
2 | with the
provisions of this Act which shall be necessary | ||||||
3 | for the control, sale or
disposition of alcoholic liquor | ||||||
4 | damaged as a result of an accident, wreck,
flood, fire or | ||||||
5 | other similar occurrence.
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6 | (11) To develop industry educational programs related | ||||||
7 | to responsible
serving and selling, particularly in the | ||||||
8 | areas of overserving consumers and
illegal underage | ||||||
9 | purchasing and consumption of alcoholic beverages.
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10 | (11.1) To license persons providing education and | ||||||
11 | training to alcohol
beverage sellers and servers under the
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12 | Beverage Alcohol Sellers and Servers
Education and | ||||||
13 | Training (BASSET) programs and to develop and administer a | ||||||
14 | public
awareness program in Illinois to reduce or eliminate | ||||||
15 | the illegal purchase and
consumption of alcoholic beverage | ||||||
16 | products by persons under the age of 21.
Application for a | ||||||
17 | license shall be made on forms provided by the State
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18 | Commission.
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19 | (12) To develop and maintain a repository of license | ||||||
20 | and regulatory
information.
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21 | (13) On or before January 15, 1994, the Commission | ||||||
22 | shall issue
a written report to the Governor and General | ||||||
23 | Assembly that is to be based on a
comprehensive study of | ||||||
24 | the impact on and implications for the State of Illinois
of | ||||||
25 | Section 1926 of the Federal ADAMHA Reorganization Act of | ||||||
26 | 1992 (Public Law
102-321). This study shall address the |
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1 | extent to which Illinois currently
complies with the | ||||||
2 | provisions of P.L. 102-321 and the rules promulgated | ||||||
3 | pursuant
thereto.
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4 | As part of its report, the Commission shall provide the | ||||||
5 | following essential
information:
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6 | (i) the number of retail distributors of tobacco | ||||||
7 | products, by type and
geographic area, in the State;
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8 | (ii) the number of reported citations and | ||||||
9 | successful convictions,
categorized by type and | ||||||
10 | location of retail distributor, for violation of the
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11 | Prevention of Tobacco Use by Minors and Sale and | ||||||
12 | Distribution of Tobacco Products Act and the Smokeless
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13 | Tobacco Limitation Act;
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14 | (iii) the extent and nature of organized | ||||||
15 | educational and governmental
activities that are | ||||||
16 | intended to promote, encourage or otherwise secure
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17 | compliance with any Illinois laws that prohibit the | ||||||
18 | sale or distribution of
tobacco products to minors; and
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19 | (iv) the level of access and availability of | ||||||
20 | tobacco products to
individuals under the age of 18.
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21 | To obtain the data necessary to comply with the | ||||||
22 | provisions of P.L. 102-321
and the requirements of this | ||||||
23 | report, the Commission shall conduct random,
unannounced | ||||||
24 | inspections of a geographically and scientifically | ||||||
25 | representative
sample of the State's retail tobacco | ||||||
26 | distributors.
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1 | The Commission shall consult with the Department of | ||||||
2 | Public Health, the
Department of Human Services, the
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3 | Illinois State Police and any
other executive branch | ||||||
4 | agency, and private organizations that may have
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5 | information relevant to this report.
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6 | The Commission may contract with the Food and Drug | ||||||
7 | Administration of the
U.S. Department of Health and Human | ||||||
8 | Services to conduct unannounced
investigations of Illinois | ||||||
9 | tobacco vendors to determine compliance with federal
laws | ||||||
10 | relating to the illegal sale of cigarettes and smokeless | ||||||
11 | tobacco products
to persons under the age of 18.
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12 | (14) On or before April 30, 2008 and every 2 years
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13 | thereafter, the Commission shall present a written
report | ||||||
14 | to the Governor and the General Assembly that shall
be | ||||||
15 | based on a study of the impact of this amendatory Act of
| ||||||
16 | the 95th General Assembly on the business of soliciting,
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17 | selling, and shipping wine from inside and outside of this
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18 | State directly to residents of this State. As part of its
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19 | report, the Commission shall provide all of the
following | ||||||
20 | information: | ||||||
21 | (A) The amount of State excise and sales tax
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22 | revenues generated. | ||||||
23 | (B) The amount of licensing fees received. | ||||||
24 | (C) The number of cases of wine shipped from inside
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25 | and outside of this State directly to residents of this
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26 | State. |
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1 | (D) The number of alcohol compliance operations
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2 | conducted. | ||||||
3 | (E) The number of winery shipper's licenses
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4 | issued. | ||||||
5 | (F) The number of each of the following: reported
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6 | violations; cease and desist notices issued by the
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7 | Commission; notices of violations issued by
the | ||||||
8 | Commission and to the Department of Revenue;
and | ||||||
9 | notices and complaints of violations to law
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10 | enforcement officials, including, without limitation,
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11 | the Illinois Attorney General and the U.S. Department
| ||||||
12 | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | ||||||
13 | (15) As a means to reduce the underage consumption of
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14 | alcoholic liquors, the Commission shall conduct
alcohol | ||||||
15 | compliance operations to investigate whether
businesses | ||||||
16 | that are soliciting, selling, and shipping wine
from inside | ||||||
17 | or outside of this State directly to residents
of this | ||||||
18 | State are licensed by this State or are selling or
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19 | attempting to sell wine to persons under 21 years of age in
| ||||||
20 | violation of this Act. | ||||||
21 | (16) The Commission shall, in addition to
notifying any | ||||||
22 | appropriate law enforcement agency, submit
notices of | ||||||
23 | complaints or violations of Sections 6-29 and
6-29.1 by | ||||||
24 | persons who do not hold a winery shipper's
license under | ||||||
25 | this amendatory Act to the Illinois Attorney General and
to | ||||||
26 | the U.S. Department of Treasury's Alcohol and Tobacco Tax |
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1 | and Trade Bureau. | ||||||
2 | (17) (A) A person licensed to make wine under the laws | ||||||
3 | of another state who has a winery shipper's license under | ||||||
4 | this amendatory Act and annually produces less than 25,000 | ||||||
5 | gallons of wine or a person who has a first-class or | ||||||
6 | second-class wine manufacturer's license, a first-class or | ||||||
7 | second-class wine-maker's license, or a limited wine | ||||||
8 | manufacturer's license under this Act and annually | ||||||
9 | produces less than 25,000 gallons of wine may make | ||||||
10 | application to the Commission for a self-distribution | ||||||
11 | exemption to allow the sale of not more than 5,000 gallons | ||||||
12 | of the exemption holder's wine to retail licensees per | ||||||
13 | year. | ||||||
14 | (B) In the application, which shall be sworn under | ||||||
15 | penalty of perjury, such person shall state (1) the | ||||||
16 | date it was established; (2) its volume of production | ||||||
17 | and sales for each year since its establishment; (3) | ||||||
18 | its efforts to establish distributor relationships; | ||||||
19 | (4) that a self-distribution exemption is necessary to | ||||||
20 | facilitate the marketing of its wine; and (5) that it | ||||||
21 | will comply with the liquor and revenue laws of the | ||||||
22 | United States, this State, and any other state where it | ||||||
23 | is licensed. | ||||||
24 | (C) The Commission shall approve the application | ||||||
25 | for a self-distribution exemption if such person: (1) | ||||||
26 | is in compliance with State revenue and liquor laws; |
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1 | (2) is not a member of any affiliated group that | ||||||
2 | produces more than 25,000 gallons of wine per annum or | ||||||
3 | produces any other alcoholic liquor; (3) will not | ||||||
4 | annually produce for sale more than 25,000 gallons of | ||||||
5 | wine; and (4) will not annually sell more than 5,000 | ||||||
6 | gallons of its wine to retail licensees. | ||||||
7 | (D) A self-distribution exemption holder shall | ||||||
8 | annually certify to the Commission its production of | ||||||
9 | wine in the previous 12 months and its anticipated | ||||||
10 | production and sales for the next 12 months. The | ||||||
11 | Commission may fine, suspend, or revoke a | ||||||
12 | self-distribution exemption after a hearing if it | ||||||
13 | finds that the exemption holder has made a material | ||||||
14 | misrepresentation in its application, violated a | ||||||
15 | revenue or liquor law of Illinois, exceeded production | ||||||
16 | of 25,000 gallons of wine in any calendar year, or | ||||||
17 | become part of an affiliated group producing more than | ||||||
18 | 25,000 gallons of wine or any other alcoholic liquor. | ||||||
19 | (E) Except in hearings for violations of this Act | ||||||
20 | or amendatory Act or a bona fide investigation by duly | ||||||
21 | sworn law enforcement officials, the Commission, or | ||||||
22 | its agents, the Commission shall maintain the | ||||||
23 | production and sales information of a | ||||||
24 | self-distribution exemption holder as confidential and | ||||||
25 | shall not release such information to any person. | ||||||
26 | (F) The Commission shall issue regulations |
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| |||||||
1 | governing self-distribution exemptions consistent with | ||||||
2 | this Section and this Act. | ||||||
3 | (G) Nothing in this subsection (17) shall prohibit | ||||||
4 | a self-distribution exemption holder from entering | ||||||
5 | into or simultaneously having a distribution agreement | ||||||
6 | with a licensed Illinois distributor. | ||||||
7 | (H) It is the intent of this subsection (17) to | ||||||
8 | promote and continue orderly markets. The General | ||||||
9 | Assembly finds that in order to preserve Illinois' | ||||||
10 | regulatory distribution system it is necessary to | ||||||
11 | create an exception for smaller makers of wine as their | ||||||
12 | wines are frequently adjusted in varietals, mixes, | ||||||
13 | vintages, and taste to find and create market niches | ||||||
14 | sometimes too small for distributor or importing | ||||||
15 | distributor business strategies. Limited | ||||||
16 | self-distribution rights will afford and allow smaller | ||||||
17 | makers of wine access to the marketplace in order to | ||||||
18 | develop a customer base without impairing the | ||||||
19 | integrity of the 3-tier system.
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20 | (18) (A) A class 1 craft brewer licensee, who must also | ||||||
21 | be either a licensed brewer or licensed non-resident dealer | ||||||
22 | and annually manufacture less than 930,000 gallons of beer, | ||||||
23 | may make application to the State Commission for a | ||||||
24 | self-distribution exemption to allow the sale of not more | ||||||
25 | than 232,500 gallons of the exemption holder's beer to | ||||||
26 | retail licensees per year. |
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1 | (B) In the application, which shall be sworn under | ||||||
2 | penalty of perjury, the class 1 craft brewer licensee | ||||||
3 | shall state (1) the date it was established; (2) its | ||||||
4 | volume of beer manufactured and sold for each year | ||||||
5 | since its establishment; (3) its efforts to establish | ||||||
6 | distributor relationships; (4) that a | ||||||
7 | self-distribution exemption is necessary to facilitate | ||||||
8 | the marketing of its beer; and (5) that it will comply | ||||||
9 | with the alcoholic beverage and revenue laws of the | ||||||
10 | United States, this State, and any other state where it | ||||||
11 | is licensed. | ||||||
12 | (C) Any application submitted shall be posted on | ||||||
13 | the State Commission's website at least 45 days prior | ||||||
14 | to action by the State Commission. The State Commission | ||||||
15 | shall approve the application for a self-distribution | ||||||
16 | exemption if the class 1 craft brewer licensee: (1) is | ||||||
17 | in compliance with the State, revenue, and alcoholic | ||||||
18 | beverage laws; (2) is not a member of any affiliated | ||||||
19 | group that manufacturers more than 930,000 gallons of | ||||||
20 | beer per annum or produces any other alcoholic | ||||||
21 | beverages; (3) shall not annually manufacture for sale | ||||||
22 | more than 930,000 gallons of beer; and (4) shall not | ||||||
23 | annually sell more than 232,500 gallons of its beer to | ||||||
24 | retail licensees ; and (5) has relinquished any brew pub | ||||||
25 | license held by the licensee, including any ownership | ||||||
26 | interest held in the licensed brew pub . |
| |||||||
| |||||||
1 | (D) A self-distribution exemption holder shall | ||||||
2 | annually certify to the State Commission its | ||||||
3 | manufacture of beer during the previous 12 months and | ||||||
4 | its anticipated manufacture and sales of beer for the | ||||||
5 | next 12 months. The State Commission may fine, suspend, | ||||||
6 | or revoke a self-distribution exemption after a | ||||||
7 | hearing if it finds that the exemption holder has made | ||||||
8 | a material misrepresentation in its application, | ||||||
9 | violated a revenue or alcoholic beverage law of | ||||||
10 | Illinois, exceeded the manufacture of 930,000 gallons | ||||||
11 | of beer in any calendar year or became part of an | ||||||
12 | affiliated group manufacturing more than 930,000 | ||||||
13 | gallons of beer or any other alcoholic beverage. | ||||||
14 | (E) The State Commission shall issue rules and | ||||||
15 | regulations governing self-distribution exemptions | ||||||
16 | consistent with this Act. | ||||||
17 | (F) Nothing in this paragraph (18) shall prohibit a | ||||||
18 | self-distribution exemption holder from entering into | ||||||
19 | or simultaneously having a distribution agreement with | ||||||
20 | a licensed Illinois importing distributor or a | ||||||
21 | distributor. If a self-distribution exemption holder | ||||||
22 | enters into a distribution agreement and has assigned | ||||||
23 | distribution rights to an importing distributor or | ||||||
24 | distributor, then the self-distribution exemption | ||||||
25 | holder's distribution rights in the assigned | ||||||
26 | territories shall cease in a reasonable time not to |
| |||||||
| |||||||
1 | exceed 60 days. | ||||||
2 | (G) It is the intent of this paragraph (18) to | ||||||
3 | promote and continue orderly markets. The General | ||||||
4 | Assembly finds that in order to preserve Illinois' | ||||||
5 | regulatory distribution system, it is necessary to | ||||||
6 | create an exception for smaller manufacturers in order | ||||||
7 | to afford and allow such smaller manufacturers of beer | ||||||
8 | access to the marketplace in order to develop a | ||||||
9 | customer base without impairing the integrity of the | ||||||
10 | 3-tier system. | ||||||
11 | (b) On or before April 30, 1999, the Commission shall | ||||||
12 | present a written
report to the Governor and the General | ||||||
13 | Assembly that shall be based on a study
of the impact of this | ||||||
14 | amendatory Act of 1998 on the business of soliciting,
selling, | ||||||
15 | and shipping
alcoholic liquor from outside of this State | ||||||
16 | directly to residents of this
State.
| ||||||
17 | As part of its report, the Commission shall provide the | ||||||
18 | following
information:
| ||||||
19 | (i) the amount of State excise and sales tax revenues | ||||||
20 | generated as a
result of this amendatory Act of 1998;
| ||||||
21 | (ii) the amount of licensing fees received as a result | ||||||
22 | of this amendatory
Act of 1998;
| ||||||
23 | (iii) the number of reported violations, the number of | ||||||
24 | cease and desist
notices issued by the Commission, the | ||||||
25 | number of notices of violations issued
to the Department of | ||||||
26 | Revenue, and the number of notices and complaints of
|
| |||||||
| |||||||
1 | violations to law enforcement officials.
| ||||||
2 | (Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13; 98-941, | ||||||
3 | eff. 1-1-15.)
| ||||||
4 | (Text of Section after amendment by P.A. 98-939 )
| ||||||
5 | Sec. 3-12. Powers and duties of State Commission.
| ||||||
6 | (a) The State commission shall have the following powers, | ||||||
7 | functions, and
duties:
| ||||||
8 | (1) To receive applications and to issue licenses to | ||||||
9 | manufacturers,
foreign importers, importing distributors, | ||||||
10 | distributors, non-resident dealers,
on premise consumption | ||||||
11 | retailers, off premise sale retailers, special event
| ||||||
12 | retailer licensees, special use permit licenses, auction | ||||||
13 | liquor licenses, brew
pubs, caterer retailers, | ||||||
14 | non-beverage users, railroads, including owners and
| ||||||
15 | lessees of sleeping, dining and cafe cars, airplanes, | ||||||
16 | boats, brokers, and wine
maker's premises licensees in | ||||||
17 | accordance with the provisions of this Act, and
to suspend | ||||||
18 | or revoke such licenses upon the State commission's | ||||||
19 | determination,
upon notice after hearing, that a licensee | ||||||
20 | has violated any provision of this
Act or any rule or | ||||||
21 | regulation issued pursuant thereto and in effect for 30 | ||||||
22 | days
prior to such violation. Except in the case of an | ||||||
23 | action taken pursuant to a
violation of Section 6-3, 6-5, | ||||||
24 | or 6-9, any action by the State Commission to
suspend or | ||||||
25 | revoke a licensee's license may be limited to the license |
| |||||||
| |||||||
1 | for the
specific premises where the violation occurred.
| ||||||
2 | In lieu of suspending or revoking a license, the | ||||||
3 | commission may impose
a fine, upon the State commission's | ||||||
4 | determination and notice after hearing,
that a licensee has | ||||||
5 | violated any provision of this Act or any rule or
| ||||||
6 | regulation issued pursuant thereto and in effect for 30 | ||||||
7 | days prior to such
violation. | ||||||
8 | For the purpose of this paragraph (1), when determining | ||||||
9 | multiple violations for the sale of alcohol to a person | ||||||
10 | under the age of 21, a second or subsequent violation for | ||||||
11 | the sale of alcohol to a person under the age of 21 shall | ||||||
12 | only be considered if it was committed within 5 years after | ||||||
13 | the date when a prior violation for the sale of alcohol to | ||||||
14 | a person under the age of 21 was committed. | ||||||
15 | The fine imposed under this paragraph may not exceed | ||||||
16 | $500 for each
violation. Each day that the activity, which | ||||||
17 | gave rise to the original fine,
continues is a separate | ||||||
18 | violation. The maximum fine that may be levied against
any | ||||||
19 | licensee, for the period of the license, shall not exceed | ||||||
20 | $20,000.
The maximum penalty that may be imposed on a | ||||||
21 | licensee for selling a bottle of
alcoholic liquor with a | ||||||
22 | foreign object in it or serving from a bottle of
alcoholic | ||||||
23 | liquor with a foreign object in it shall be the destruction | ||||||
24 | of that
bottle of alcoholic liquor for the first 10 bottles | ||||||
25 | so sold or served from by
the licensee. For the eleventh | ||||||
26 | bottle of alcoholic liquor and for each third
bottle |
| |||||||
| |||||||
1 | thereafter sold or served from by the licensee with a | ||||||
2 | foreign object in
it, the maximum penalty that may be | ||||||
3 | imposed on the licensee is the destruction
of the bottle of | ||||||
4 | alcoholic liquor and a fine of up to $50.
| ||||||
5 | (2) To adopt such rules and regulations consistent with | ||||||
6 | the
provisions of this Act which shall be necessary to | ||||||
7 | carry on its
functions and duties to the end that the | ||||||
8 | health, safety and welfare of
the People of the State of | ||||||
9 | Illinois shall be protected and temperance in
the | ||||||
10 | consumption of alcoholic liquors shall be fostered and | ||||||
11 | promoted and
to distribute copies of such rules and | ||||||
12 | regulations to all licensees
affected thereby.
| ||||||
13 | (3) To call upon other administrative departments of | ||||||
14 | the State,
county and municipal governments, county and | ||||||
15 | city police departments and
upon prosecuting officers for | ||||||
16 | such information and assistance as it
deems necessary in | ||||||
17 | the performance of its duties.
| ||||||
18 | (4) To recommend to local commissioners rules and | ||||||
19 | regulations, not
inconsistent with the law, for the | ||||||
20 | distribution and sale of alcoholic
liquors throughout the | ||||||
21 | State.
| ||||||
22 | (5) To inspect, or cause to be inspected, any
premises | ||||||
23 | in this State
where alcoholic liquors are manufactured, | ||||||
24 | distributed, warehoused, or
sold. Nothing in this Act
| ||||||
25 | authorizes an agent of the Commission to inspect private
| ||||||
26 | areas within the premises without reasonable suspicion or a |
| |||||||
| |||||||
1 | warrant
during an inspection. "Private areas" include, but | ||||||
2 | are not limited to, safes, personal property, and closed | ||||||
3 | desks.
| ||||||
4 | (5.1) Upon receipt of a complaint or upon having | ||||||
5 | knowledge that any person
is engaged in business as a | ||||||
6 | manufacturer, importing distributor, distributor,
or | ||||||
7 | retailer without a license or valid license, to notify the | ||||||
8 | local liquor
authority, file a complaint with the State's | ||||||
9 | Attorney's Office of the county
where the incident | ||||||
10 | occurred, or initiate an investigation with the | ||||||
11 | appropriate
law enforcement officials.
| ||||||
12 | (5.2) To issue a cease and desist notice to persons | ||||||
13 | shipping alcoholic
liquor
into this State from a point | ||||||
14 | outside of this State if the shipment is in
violation of | ||||||
15 | this Act.
| ||||||
16 | (5.3) To receive complaints from licensees, local | ||||||
17 | officials, law
enforcement agencies, organizations, and | ||||||
18 | persons stating that any licensee has
been or is violating | ||||||
19 | any provision of this Act or the rules and regulations
| ||||||
20 | issued pursuant to this Act. Such complaints shall be in | ||||||
21 | writing, signed and
sworn to by the person making the | ||||||
22 | complaint, and shall state with specificity
the facts in | ||||||
23 | relation to the alleged violation. If the Commission has
| ||||||
24 | reasonable grounds to believe that the complaint | ||||||
25 | substantially alleges a
violation of this Act or rules and | ||||||
26 | regulations adopted pursuant to this Act, it
shall conduct |
| |||||||
| |||||||
1 | an investigation. If, after conducting an investigation, | ||||||
2 | the
Commission is satisfied that the alleged violation did | ||||||
3 | occur, it shall proceed
with disciplinary action against | ||||||
4 | the licensee as provided in this Act.
| ||||||
5 | (6) To hear and determine appeals from orders of a | ||||||
6 | local commission
in accordance with the provisions of this | ||||||
7 | Act, as hereinafter set forth.
Hearings under this | ||||||
8 | subsection shall be held in Springfield or Chicago,
at | ||||||
9 | whichever location is the more convenient for the majority | ||||||
10 | of persons
who are parties to the hearing.
| ||||||
11 | (7) The commission shall establish uniform systems of | ||||||
12 | accounts to be
kept by all retail licensees having more | ||||||
13 | than 4 employees, and for this
purpose the commission may | ||||||
14 | classify all retail licensees having more
than 4 employees | ||||||
15 | and establish a uniform system of accounts for each
class | ||||||
16 | and prescribe the manner in which such accounts shall be | ||||||
17 | kept.
The commission may also prescribe the forms of | ||||||
18 | accounts to be kept by
all retail licensees having more | ||||||
19 | than 4 employees, including but not
limited to accounts of | ||||||
20 | earnings and expenses and any distribution,
payment, or | ||||||
21 | other distribution of earnings or assets, and any other
| ||||||
22 | forms, records and memoranda which in the judgment of the | ||||||
23 | commission may
be necessary or appropriate to carry out any | ||||||
24 | of the provisions of this
Act, including but not limited to | ||||||
25 | such forms, records and memoranda as
will readily and | ||||||
26 | accurately disclose at all times the beneficial
ownership |
| |||||||
| |||||||
1 | of such retail licensed business. The accounts, forms,
| ||||||
2 | records and memoranda shall be available at all reasonable | ||||||
3 | times for
inspection by authorized representatives of the | ||||||
4 | State commission or by
any local liquor control | ||||||
5 | commissioner or his or her authorized representative.
The | ||||||
6 | commission, may, from time to time, alter, amend or repeal, | ||||||
7 | in whole
or in part, any uniform system of accounts, or the | ||||||
8 | form and manner of
keeping accounts.
| ||||||
9 | (8) In the conduct of any hearing authorized to be held | ||||||
10 | by the
commission, to appoint, at the commission's | ||||||
11 | discretion, hearing officers
to conduct hearings involving | ||||||
12 | complex issues or issues that will require a
protracted | ||||||
13 | period of time to resolve, to examine, or cause to be | ||||||
14 | examined,
under oath, any licensee, and to examine or cause | ||||||
15 | to be examined the books and
records
of such licensee; to | ||||||
16 | hear testimony and take proof material for its
information | ||||||
17 | in the discharge of its duties hereunder; to administer or
| ||||||
18 | cause to be administered oaths; for any such purpose to | ||||||
19 | issue
subpoena or subpoenas to require the attendance of | ||||||
20 | witnesses and the
production of books, which shall be | ||||||
21 | effective in any part of this State, and
to adopt rules to | ||||||
22 | implement its powers under this paragraph (8).
| ||||||
23 | Any Circuit Court may by order duly entered,
require | ||||||
24 | the attendance of witnesses and the production of relevant | ||||||
25 | books
subpoenaed by the State commission and the court may | ||||||
26 | compel
obedience to its order by proceedings for contempt.
|
| |||||||
| |||||||
1 | (9) To investigate the administration of laws in | ||||||
2 | relation to
alcoholic liquors in this and other states and | ||||||
3 | any foreign countries,
and to recommend from time to time | ||||||
4 | to the Governor and through him or
her to the legislature | ||||||
5 | of this State, such amendments to this Act, if any, as
it | ||||||
6 | may think desirable and as will serve to further the | ||||||
7 | general broad
purposes contained in Section 1-2 hereof.
| ||||||
8 | (10) To adopt such rules and regulations consistent | ||||||
9 | with the
provisions of this Act which shall be necessary | ||||||
10 | for the control, sale or
disposition of alcoholic liquor | ||||||
11 | damaged as a result of an accident, wreck,
flood, fire or | ||||||
12 | other similar occurrence.
| ||||||
13 | (11) To develop industry educational programs related | ||||||
14 | to responsible
serving and selling, particularly in the | ||||||
15 | areas of overserving consumers and
illegal underage | ||||||
16 | purchasing and consumption of alcoholic beverages.
| ||||||
17 | (11.1) To license persons providing education and | ||||||
18 | training to alcohol
beverage sellers and servers for | ||||||
19 | mandatory and non-mandatory training under the
Beverage | ||||||
20 | Alcohol Sellers and Servers
Education and Training | ||||||
21 | (BASSET) programs and to develop and administer a public
| ||||||
22 | awareness program in Illinois to reduce or eliminate the | ||||||
23 | illegal purchase and
consumption of alcoholic beverage | ||||||
24 | products by persons under the age of 21.
Application for a | ||||||
25 | license shall be made on forms provided by the State
| ||||||
26 | Commission.
|
| |||||||
| |||||||
1 | (12) To develop and maintain a repository of license | ||||||
2 | and regulatory
information.
| ||||||
3 | (13) On or before January 15, 1994, the Commission | ||||||
4 | shall issue
a written report to the Governor and General | ||||||
5 | Assembly that is to be based on a
comprehensive study of | ||||||
6 | the impact on and implications for the State of Illinois
of | ||||||
7 | Section 1926 of the Federal ADAMHA Reorganization Act of | ||||||
8 | 1992 (Public Law
102-321). This study shall address the | ||||||
9 | extent to which Illinois currently
complies with the | ||||||
10 | provisions of P.L. 102-321 and the rules promulgated | ||||||
11 | pursuant
thereto.
| ||||||
12 | As part of its report, the Commission shall provide the | ||||||
13 | following essential
information:
| ||||||
14 | (i) the number of retail distributors of tobacco | ||||||
15 | products, by type and
geographic area, in the State;
| ||||||
16 | (ii) the number of reported citations and | ||||||
17 | successful convictions,
categorized by type and | ||||||
18 | location of retail distributor, for violation of the
| ||||||
19 | Prevention of Tobacco Use by Minors and Sale and | ||||||
20 | Distribution of Tobacco Products Act and the Smokeless
| ||||||
21 | Tobacco Limitation Act;
| ||||||
22 | (iii) the extent and nature of organized | ||||||
23 | educational and governmental
activities that are | ||||||
24 | intended to promote, encourage or otherwise secure
| ||||||
25 | compliance with any Illinois laws that prohibit the | ||||||
26 | sale or distribution of
tobacco products to minors; and
|
| |||||||
| |||||||
1 | (iv) the level of access and availability of | ||||||
2 | tobacco products to
individuals under the age of 18.
| ||||||
3 | To obtain the data necessary to comply with the | ||||||
4 | provisions of P.L. 102-321
and the requirements of this | ||||||
5 | report, the Commission shall conduct random,
unannounced | ||||||
6 | inspections of a geographically and scientifically | ||||||
7 | representative
sample of the State's retail tobacco | ||||||
8 | distributors.
| ||||||
9 | The Commission shall consult with the Department of | ||||||
10 | Public Health, the
Department of Human Services, the
| ||||||
11 | Illinois State Police and any
other executive branch | ||||||
12 | agency, and private organizations that may have
| ||||||
13 | information relevant to this report.
| ||||||
14 | The Commission may contract with the Food and Drug | ||||||
15 | Administration of the
U.S. Department of Health and Human | ||||||
16 | Services to conduct unannounced
investigations of Illinois | ||||||
17 | tobacco vendors to determine compliance with federal
laws | ||||||
18 | relating to the illegal sale of cigarettes and smokeless | ||||||
19 | tobacco products
to persons under the age of 18.
| ||||||
20 | (14) On or before April 30, 2008 and every 2 years
| ||||||
21 | thereafter, the Commission shall present a written
report | ||||||
22 | to the Governor and the General Assembly that shall
be | ||||||
23 | based on a study of the impact of this amendatory Act of
| ||||||
24 | the 95th General Assembly on the business of soliciting,
| ||||||
25 | selling, and shipping wine from inside and outside of this
| ||||||
26 | State directly to residents of this State. As part of its
|
| |||||||
| |||||||
1 | report, the Commission shall provide all of the
following | ||||||
2 | information: | ||||||
3 | (A) The amount of State excise and sales tax
| ||||||
4 | revenues generated. | ||||||
5 | (B) The amount of licensing fees received. | ||||||
6 | (C) The number of cases of wine shipped from inside
| ||||||
7 | and outside of this State directly to residents of this
| ||||||
8 | State. | ||||||
9 | (D) The number of alcohol compliance operations
| ||||||
10 | conducted. | ||||||
11 | (E) The number of winery shipper's licenses
| ||||||
12 | issued. | ||||||
13 | (F) The number of each of the following: reported
| ||||||
14 | violations; cease and desist notices issued by the
| ||||||
15 | Commission; notices of violations issued by
the | ||||||
16 | Commission and to the Department of Revenue;
and | ||||||
17 | notices and complaints of violations to law
| ||||||
18 | enforcement officials, including, without limitation,
| ||||||
19 | the Illinois Attorney General and the U.S. Department
| ||||||
20 | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | ||||||
21 | (15) As a means to reduce the underage consumption of
| ||||||
22 | alcoholic liquors, the Commission shall conduct
alcohol | ||||||
23 | compliance operations to investigate whether
businesses | ||||||
24 | that are soliciting, selling, and shipping wine
from inside | ||||||
25 | or outside of this State directly to residents
of this | ||||||
26 | State are licensed by this State or are selling or
|
| |||||||
| |||||||
1 | attempting to sell wine to persons under 21 years of age in
| ||||||
2 | violation of this Act. | ||||||
3 | (16) The Commission shall, in addition to
notifying any | ||||||
4 | appropriate law enforcement agency, submit
notices of | ||||||
5 | complaints or violations of Sections 6-29 and
6-29.1 by | ||||||
6 | persons who do not hold a winery shipper's
license under | ||||||
7 | this amendatory Act to the Illinois Attorney General and
to | ||||||
8 | the U.S. Department of Treasury's Alcohol and Tobacco Tax | ||||||
9 | and Trade Bureau. | ||||||
10 | (17) (A) A person licensed to make wine under the laws | ||||||
11 | of another state who has a winery shipper's license under | ||||||
12 | this amendatory Act and annually produces less than 25,000 | ||||||
13 | gallons of wine or a person who has a first-class or | ||||||
14 | second-class wine manufacturer's license, a first-class or | ||||||
15 | second-class wine-maker's license, or a limited wine | ||||||
16 | manufacturer's license under this Act and annually | ||||||
17 | produces less than 25,000 gallons of wine may make | ||||||
18 | application to the Commission for a self-distribution | ||||||
19 | exemption to allow the sale of not more than 5,000 gallons | ||||||
20 | of the exemption holder's wine to retail licensees per | ||||||
21 | year. | ||||||
22 | (B) In the application, which shall be sworn under | ||||||
23 | penalty of perjury, such person shall state (1) the | ||||||
24 | date it was established; (2) its volume of production | ||||||
25 | and sales for each year since its establishment; (3) | ||||||
26 | its efforts to establish distributor relationships; |
| |||||||
| |||||||
1 | (4) that a self-distribution exemption is necessary to | ||||||
2 | facilitate the marketing of its wine; and (5) that it | ||||||
3 | will comply with the liquor and revenue laws of the | ||||||
4 | United States, this State, and any other state where it | ||||||
5 | is licensed. | ||||||
6 | (C) The Commission shall approve the application | ||||||
7 | for a self-distribution exemption if such person: (1) | ||||||
8 | is in compliance with State revenue and liquor laws; | ||||||
9 | (2) is not a member of any affiliated group that | ||||||
10 | produces more than 25,000 gallons of wine per annum or | ||||||
11 | produces any other alcoholic liquor; (3) will not | ||||||
12 | annually produce for sale more than 25,000 gallons of | ||||||
13 | wine; and (4) will not annually sell more than 5,000 | ||||||
14 | gallons of its wine to retail licensees. | ||||||
15 | (D) A self-distribution exemption holder shall | ||||||
16 | annually certify to the Commission its production of | ||||||
17 | wine in the previous 12 months and its anticipated | ||||||
18 | production and sales for the next 12 months. The | ||||||
19 | Commission may fine, suspend, or revoke a | ||||||
20 | self-distribution exemption after a hearing if it | ||||||
21 | finds that the exemption holder has made a material | ||||||
22 | misrepresentation in its application, violated a | ||||||
23 | revenue or liquor law of Illinois, exceeded production | ||||||
24 | of 25,000 gallons of wine in any calendar year, or | ||||||
25 | become part of an affiliated group producing more than | ||||||
26 | 25,000 gallons of wine or any other alcoholic liquor. |
| |||||||
| |||||||
1 | (E) Except in hearings for violations of this Act | ||||||
2 | or amendatory Act or a bona fide investigation by duly | ||||||
3 | sworn law enforcement officials, the Commission, or | ||||||
4 | its agents, the Commission shall maintain the | ||||||
5 | production and sales information of a | ||||||
6 | self-distribution exemption holder as confidential and | ||||||
7 | shall not release such information to any person. | ||||||
8 | (F) The Commission shall issue regulations | ||||||
9 | governing self-distribution exemptions consistent with | ||||||
10 | this Section and this Act. | ||||||
11 | (G) Nothing in this subsection (17) shall prohibit | ||||||
12 | a self-distribution exemption holder from entering | ||||||
13 | into or simultaneously having a distribution agreement | ||||||
14 | with a licensed Illinois distributor. | ||||||
15 | (H) It is the intent of this subsection (17) to | ||||||
16 | promote and continue orderly markets. The General | ||||||
17 | Assembly finds that in order to preserve Illinois' | ||||||
18 | regulatory distribution system it is necessary to | ||||||
19 | create an exception for smaller makers of wine as their | ||||||
20 | wines are frequently adjusted in varietals, mixes, | ||||||
21 | vintages, and taste to find and create market niches | ||||||
22 | sometimes too small for distributor or importing | ||||||
23 | distributor business strategies. Limited | ||||||
24 | self-distribution rights will afford and allow smaller | ||||||
25 | makers of wine access to the marketplace in order to | ||||||
26 | develop a customer base without impairing the |
| |||||||
| |||||||
1 | integrity of the 3-tier system.
| ||||||
2 | (18) (A) A class 1 craft brewer licensee, who must also | ||||||
3 | be either a licensed brewer or licensed non-resident dealer | ||||||
4 | and annually manufacture less than 930,000 gallons of beer, | ||||||
5 | may make application to the State Commission for a | ||||||
6 | self-distribution exemption to allow the sale of not more | ||||||
7 | than 232,500 gallons of the exemption holder's beer to | ||||||
8 | retail licensees per year. | ||||||
9 | (B) In the application, which shall be sworn under | ||||||
10 | penalty of perjury, the class 1 craft brewer licensee | ||||||
11 | shall state (1) the date it was established; (2) its | ||||||
12 | volume of beer manufactured and sold for each year | ||||||
13 | since its establishment; (3) its efforts to establish | ||||||
14 | distributor relationships; (4) that a | ||||||
15 | self-distribution exemption is necessary to facilitate | ||||||
16 | the marketing of its beer; and (5) that it will comply | ||||||
17 | with the alcoholic beverage and revenue laws of the | ||||||
18 | United States, this State, and any other state where it | ||||||
19 | is licensed. | ||||||
20 | (C) Any application submitted shall be posted on | ||||||
21 | the State Commission's website at least 45 days prior | ||||||
22 | to action by the State Commission. The State Commission | ||||||
23 | shall approve the application for a self-distribution | ||||||
24 | exemption if the class 1 craft brewer licensee: (1) is | ||||||
25 | in compliance with the State, revenue, and alcoholic | ||||||
26 | beverage laws; (2) is not a member of any affiliated |
| |||||||
| |||||||
1 | group that manufacturers more than 930,000 gallons of | ||||||
2 | beer per annum or produces any other alcoholic | ||||||
3 | beverages; (3) shall not annually manufacture for sale | ||||||
4 | more than 930,000 gallons of beer; and (4) shall not | ||||||
5 | annually sell more than 232,500 gallons of its beer to | ||||||
6 | retail licensees ; and (5) has relinquished any brew pub | ||||||
7 | license held by the licensee, including any ownership | ||||||
8 | interest it held in the licensed brew pub . | ||||||
9 | (D) A self-distribution exemption holder shall | ||||||
10 | annually certify to the State Commission its | ||||||
11 | manufacture of beer during the previous 12 months and | ||||||
12 | its anticipated manufacture and sales of beer for the | ||||||
13 | next 12 months. The State Commission may fine, suspend, | ||||||
14 | or revoke a self-distribution exemption after a | ||||||
15 | hearing if it finds that the exemption holder has made | ||||||
16 | a material misrepresentation in its application, | ||||||
17 | violated a revenue or alcoholic beverage law of | ||||||
18 | Illinois, exceeded the manufacture of 930,000 gallons | ||||||
19 | of beer in any calendar year or became part of an | ||||||
20 | affiliated group manufacturing more than 930,000 | ||||||
21 | gallons of beer or any other alcoholic beverage. | ||||||
22 | (E) The State Commission shall issue rules and | ||||||
23 | regulations governing self-distribution exemptions | ||||||
24 | consistent with this Act. | ||||||
25 | (F) Nothing in this paragraph (18) shall prohibit a | ||||||
26 | self-distribution exemption holder from entering into |
| |||||||
| |||||||
1 | or simultaneously having a distribution agreement with | ||||||
2 | a licensed Illinois importing distributor or a | ||||||
3 | distributor. If a self-distribution exemption holder | ||||||
4 | enters into a distribution agreement and has assigned | ||||||
5 | distribution rights to an importing distributor or | ||||||
6 | distributor, then the self-distribution exemption | ||||||
7 | holder's distribution rights in the assigned | ||||||
8 | territories shall cease in a reasonable time not to | ||||||
9 | exceed 60 days. | ||||||
10 | (G) It is the intent of this paragraph (18) to | ||||||
11 | promote and continue orderly markets. The General | ||||||
12 | Assembly finds that in order to preserve Illinois' | ||||||
13 | regulatory distribution system, it is necessary to | ||||||
14 | create an exception for smaller manufacturers in order | ||||||
15 | to afford and allow such smaller manufacturers of beer | ||||||
16 | access to the marketplace in order to develop a | ||||||
17 | customer base without impairing the integrity of the | ||||||
18 | 3-tier system. | ||||||
19 | (b) On or before April 30, 1999, the Commission shall | ||||||
20 | present a written
report to the Governor and the General | ||||||
21 | Assembly that shall be based on a study
of the impact of this | ||||||
22 | amendatory Act of 1998 on the business of soliciting,
selling, | ||||||
23 | and shipping
alcoholic liquor from outside of this State | ||||||
24 | directly to residents of this
State.
| ||||||
25 | As part of its report, the Commission shall provide the | ||||||
26 | following
information:
|
| |||||||
| |||||||
1 | (i) the amount of State excise and sales tax revenues | ||||||
2 | generated as a
result of this amendatory Act of 1998;
| ||||||
3 | (ii) the amount of licensing fees received as a result | ||||||
4 | of this amendatory
Act of 1998;
| ||||||
5 | (iii) the number of reported violations, the number of | ||||||
6 | cease and desist
notices issued by the Commission, the | ||||||
7 | number of notices of violations issued
to the Department of | ||||||
8 | Revenue, and the number of notices and complaints of
| ||||||
9 | violations to law enforcement officials.
| ||||||
10 | (Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13; 98-939, | ||||||
11 | eff. 7-1-15; 98-941, eff. 1-1-15; revised 10-6-14.)
| ||||||
12 | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | ||||||
13 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
14 | Commission
shall be of the following classes: | ||||||
15 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
16 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| ||||||
17 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
18 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
19 | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | ||||||
20 | 10. Class 1 Craft Brewer, Class 11. Class 2 Brewer, | ||||||
21 | (b) Distributor's license, | ||||||
22 | (c) Importing Distributor's license, | ||||||
23 | (d) Retailer's license, | ||||||
24 | (e) Special Event Retailer's license (not-for-profit), | ||||||
25 | (f) Railroad license, |
| |||||||
| |||||||
1 | (g) Boat license, | ||||||
2 | (h) Non-Beverage User's license, | ||||||
3 | (i) Wine-maker's premises license, | ||||||
4 | (j) Airplane license, | ||||||
5 | (k) Foreign importer's license, | ||||||
6 | (l) Broker's license, | ||||||
7 | (m) Non-resident dealer's
license, | ||||||
8 | (n) Brew Pub license, | ||||||
9 | (o) Auction liquor license, | ||||||
10 | (p) Caterer retailer license, | ||||||
11 | (q) Special use permit license, | ||||||
12 | (r) Winery shipper's license.
| ||||||
13 | No
person, firm, partnership, corporation, or other legal | ||||||
14 | business entity that is
engaged in the manufacturing of wine | ||||||
15 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
16 | wine manufacturer's license. | ||||||
17 | (a) A manufacturer's license shall allow the manufacture,
| ||||||
18 | importation in bulk, storage, distribution and sale of | ||||||
19 | alcoholic liquor
to persons without the State, as may be | ||||||
20 | permitted by law and to licensees
in this State as follows: | ||||||
21 | Class 1. A Distiller may make sales and deliveries of | ||||||
22 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
23 | distributors, distributors and
non-beverage users and to no | ||||||
24 | other licensees. | ||||||
25 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
26 | herein, may make
sales and deliveries of alcoholic liquor to |
| |||||||
| |||||||
1 | rectifiers, importing distributors,
distributors, retailers | ||||||
2 | and non-beverage users and to no other licensees. | ||||||
3 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
4 | importing
distributors and distributors and may make sales as | ||||||
5 | authorized under subsection (e) of Section 6-4 of this Act. | ||||||
6 | Class 4. A first class wine-manufacturer may make sales and | ||||||
7 | deliveries of
up to 50,000 gallons of wine to manufacturers,
| ||||||
8 | importing
distributors and distributors, and to no other | ||||||
9 | licensees. | ||||||
10 | Class 5. A second class Wine manufacturer may make sales | ||||||
11 | and deliveries
of more than 50,000 gallons of wine to | ||||||
12 | manufacturers, importing distributors
and distributors and to | ||||||
13 | no other licensees. | ||||||
14 | Class 6. A first-class wine-maker's license shall allow the | ||||||
15 | manufacture
of up to 50,000 gallons of wine per year, and the
| ||||||
16 | storage
and sale of such
wine to distributors in the State and | ||||||
17 | to persons without the
State, as may be permitted by law. A | ||||||
18 | person who, prior to the effective date of this amendatory Act | ||||||
19 | of the 95th General Assembly, is a holder of a first-class | ||||||
20 | wine-maker's license and annually produces more than 25,000 | ||||||
21 | gallons of its own wine and who distributes its wine to | ||||||
22 | licensed retailers shall cease this practice on or before July | ||||||
23 | 1, 2008 in compliance with this amendatory Act of the 95th | ||||||
24 | General Assembly. | ||||||
25 | Class 7. A second-class wine-maker's license shall allow | ||||||
26 | the manufacture
of between 50,000 and 150,000 gallons of wine |
| |||||||
| |||||||
1 | per year, and
the
storage and sale of such wine
to distributors | ||||||
2 | in this State and to persons without the State, as may be
| ||||||
3 | permitted by law. A person who, prior to the effective date of | ||||||
4 | this amendatory Act of the 95th General Assembly, is a holder | ||||||
5 | of a second-class wine-maker's license and annually produces | ||||||
6 | more than 25,000 gallons of its own wine and who distributes | ||||||
7 | its wine to licensed retailers shall cease this practice on or | ||||||
8 | before July 1, 2008 in compliance with this amendatory Act of | ||||||
9 | the 95th General Assembly. | ||||||
10 | Class 8. A limited wine-manufacturer may make sales and | ||||||
11 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
12 | distributors, and to
non-licensees in accordance with the | ||||||
13 | provisions of this Act. | ||||||
14 | Class 9. A craft distiller license shall allow the | ||||||
15 | manufacture of up to 30,000 gallons of spirits by distillation | ||||||
16 | for one year after the effective date of this amendatory Act of | ||||||
17 | the 97th General Assembly and up to 35,000 gallons of spirits | ||||||
18 | by distillation per year thereafter and the storage of such | ||||||
19 | spirits. If a craft distiller licensee is not affiliated with | ||||||
20 | any other manufacturer, then the craft distiller licensee may | ||||||
21 | sell such spirits to distributors in this State and up to 2,500 | ||||||
22 | gallons of such spirits to non-licensees to the extent | ||||||
23 | permitted by any exemption approved by the Commission pursuant | ||||||
24 | to Section 6-4 of this Act. | ||||||
25 | Any craft distiller licensed under this Act who on the | ||||||
26 | effective date of this amendatory Act of the 96th General |
| |||||||
| |||||||
1 | Assembly was licensed as a distiller and manufactured no more | ||||||
2 | spirits than permitted by this Section shall not be required to | ||||||
3 | pay the initial licensing fee. | ||||||
4 | Class 10. A class 1 brewer craft brewer's license, which | ||||||
5 | may only be issued to a licensed brewer or licensed | ||||||
6 | non-resident dealer, shall allow the manufacture of up to | ||||||
7 | 930,000 gallons of beer per year provided that the class 1 | ||||||
8 | brewer licensee does not manufacture more than a combined | ||||||
9 | 930,000 gallons of beer per year and is not a member of or | ||||||
10 | affiliated with, directly or indirectly, a manufacturer that | ||||||
11 | produces more than 930,000 gallons of beer per year or any | ||||||
12 | other alcoholic liquor . A class 1 craft brewer licensee may | ||||||
13 | make sales and deliveries to importing distributors and | ||||||
14 | distributors and to retail licensees in accordance with the | ||||||
15 | conditions set forth in paragraph (18) of subsection (a) of | ||||||
16 | Section 3-12 of this Act. | ||||||
17 | Class 11. A class 2 brewer license, which may only be | ||||||
18 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
19 | shall allow the manufacture of up to 3,720,000 gallons of beer | ||||||
20 | per year provided that the class 2 brewer licensee does not | ||||||
21 | manufacture more than a combined 3,720,000 gallons of beer per | ||||||
22 | year and is not a member of or affiliated with, directly or | ||||||
23 | indirectly, a manufacturer that produces more than 3,720,000 | ||||||
24 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
25 | 2 brewer licensee may make sales and deliveries to importing | ||||||
26 | distributors and distributors, but shall not make sales or |
| |||||||
| |||||||
1 | deliveries to any other licensee. If the State Commission | ||||||
2 | provides prior approval, a class 2 brewer licensee may annually | ||||||
3 | transfer up to 3,720,000 gallons of beer manufactured by that | ||||||
4 | class 2 brewer licensee to the premises of a licensed class 2 | ||||||
5 | brewer wholly owned and operated by the same licensee. | ||||||
6 | (a-1) A manufacturer which is licensed in this State to | ||||||
7 | make sales or
deliveries of alcoholic liquor to licensed | ||||||
8 | distributors or importing distributors and which enlists | ||||||
9 | agents, representatives, or
individuals acting on its behalf | ||||||
10 | who contact licensed retailers on a regular
and continual basis | ||||||
11 | in this State must register those agents, representatives,
or | ||||||
12 | persons acting on its behalf with the State Commission. | ||||||
13 | Registration of agents, representatives, or persons acting | ||||||
14 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
15 | to the Commission. The form
shall be developed by the | ||||||
16 | Commission and shall include the name and address of
the | ||||||
17 | applicant, the name and address of the manufacturer he or she | ||||||
18 | represents,
the territory or areas assigned to sell to or | ||||||
19 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
20 | questions deemed appropriate and necessary.
All statements in | ||||||
21 | the forms required to be made by law or by rule shall be
deemed | ||||||
22 | material, and any person who knowingly misstates any material | ||||||
23 | fact under
oath in an application is guilty of a Class B | ||||||
24 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
25 | misleading statements, evasions, or
suppression of material | ||||||
26 | facts in the securing of a registration are grounds for
|
| |||||||
| |||||||
1 | suspension or revocation of the registration. The State | ||||||
2 | Commission shall post a list of registered agents on the | ||||||
3 | Commission's website. | ||||||
4 | (b) A distributor's license shall allow the wholesale | ||||||
5 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
6 | liquors to licensees
in this State and to persons without the | ||||||
7 | State, as may be permitted by law. | ||||||
8 | (c) An importing distributor's license may be issued to and | ||||||
9 | held by
those only who are duly licensed distributors, upon the | ||||||
10 | filing of an
application by a duly licensed distributor, with | ||||||
11 | the Commission and
the Commission shall, without the
payment of | ||||||
12 | any fee, immediately issue such importing distributor's
| ||||||
13 | license to the applicant, which shall allow the importation of | ||||||
14 | alcoholic
liquor by the licensee into this State from any point | ||||||
15 | in the United
States outside this State, and the purchase of | ||||||
16 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
17 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
18 | but all bottles or containers
so filled shall be sealed, | ||||||
19 | labeled, stamped and otherwise made to comply
with all | ||||||
20 | provisions, rules and regulations governing manufacturers in
| ||||||
21 | the preparation and bottling of alcoholic liquors. The | ||||||
22 | importing
distributor's license shall permit such licensee to | ||||||
23 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
24 | dealers and foreign importers only. | ||||||
25 | (d) A retailer's license shall allow the licensee to sell | ||||||
26 | and offer
for sale at retail, only in the premises specified in |
| |||||||
| |||||||
1 | the license,
alcoholic liquor for use or consumption, but not | ||||||
2 | for resale in any form. Nothing in this amendatory Act of the | ||||||
3 | 95th General Assembly shall deny, limit, remove, or restrict | ||||||
4 | the ability of a holder of a retailer's license to transfer, | ||||||
5 | deliver, or ship alcoholic liquor to the purchaser for use or | ||||||
6 | consumption subject to any applicable local law or ordinance. | ||||||
7 | Any retail license issued to a manufacturer shall only
permit | ||||||
8 | the manufacturer to sell beer at retail on the premises | ||||||
9 | actually
occupied by the manufacturer. For the purpose of | ||||||
10 | further describing the type of business conducted at a retail | ||||||
11 | licensed premises, a retailer's licensee may be designated by | ||||||
12 | the State Commission as (i) an on premise consumption retailer, | ||||||
13 | (ii) an off premise sale retailer, or (iii) a combined on | ||||||
14 | premise consumption and off premise sale retailer.
| ||||||
15 | Notwithstanding any other provision of this subsection | ||||||
16 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
17 | event retailer licensee for
resale to the extent permitted | ||||||
18 | under subsection (e). | ||||||
19 | (e) A special event retailer's license (not-for-profit) | ||||||
20 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
21 | Illinois licensed distributor
(unless the licensee purchases | ||||||
22 | less than $500 of alcoholic liquors for the
special event, in | ||||||
23 | which case the licensee may purchase the alcoholic liquors
from | ||||||
24 | a licensed retailer) and shall allow the licensee to sell and | ||||||
25 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
26 | consumption, but not for resale
in any form and only at the |
| |||||||
| |||||||
1 | location and on the specific dates designated for
the special | ||||||
2 | event in the license. An applicant for a special event retailer
| ||||||
3 | license must
(i) furnish with the application: (A) a resale | ||||||
4 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
5 | Act or evidence that the applicant is
registered under Section | ||||||
6 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
7 | exemption identification
number issued under Section 1g of the | ||||||
8 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
9 | Commission that the purchase of alcoholic liquors will be
a | ||||||
10 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
11 | not registered
under Section 2a of the Retailers' Occupation | ||||||
12 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
13 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
14 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
15 | in which event the Commission shall set forth on the special | ||||||
16 | event
retailer's license a statement to that effect; (ii) | ||||||
17 | submit with the application proof satisfactory to
the State | ||||||
18 | Commission that the applicant will provide dram shop liability
| ||||||
19 | insurance in the maximum limits; and (iii) show proof | ||||||
20 | satisfactory to the
State Commission that the applicant has | ||||||
21 | obtained local authority
approval. | ||||||
22 | (f) A railroad license shall permit the licensee to import | ||||||
23 | alcoholic
liquors into this State from any point in the United | ||||||
24 | States outside this
State and to store such alcoholic liquors | ||||||
25 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
26 | directly from manufacturers, foreign
importers, distributors |
| |||||||
| |||||||
1 | and importing distributors from within or outside
this State; | ||||||
2 | and to store such alcoholic liquors in this State; provided
| ||||||
3 | that the above powers may be exercised only in connection with | ||||||
4 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
5 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
6 | operated on an electric,
gas or steam railway in this State; | ||||||
7 | and provided further, that railroad
licensees exercising the | ||||||
8 | above powers shall be subject to all provisions of
Article VIII | ||||||
9 | of this Act as applied to importing distributors. A railroad
| ||||||
10 | license shall also permit the licensee to sell or dispense | ||||||
11 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
12 | operated on an electric,
gas or steam railway regularly | ||||||
13 | operated by a common carrier in this State,
but shall not | ||||||
14 | permit the sale for resale of any alcoholic liquors to any
| ||||||
15 | licensee within this State. A license shall be obtained for | ||||||
16 | each car in which
such sales are made. | ||||||
17 | (g) A boat license shall allow the sale of alcoholic liquor | ||||||
18 | in
individual drinks, on any passenger boat regularly operated | ||||||
19 | as a common
carrier on navigable waters in this State or on any | ||||||
20 | riverboat operated
under
the Riverboat Gambling Act, which boat | ||||||
21 | or riverboat maintains a public
dining room or restaurant | ||||||
22 | thereon. | ||||||
23 | (h) A non-beverage user's license shall allow the licensee | ||||||
24 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
25 | importing
distributor, without the imposition of any tax upon | ||||||
26 | the business of such
licensed manufacturer or importing |
| |||||||
| |||||||
1 | distributor as to such alcoholic
liquor to be used by such | ||||||
2 | licensee solely for the non-beverage purposes
set forth in | ||||||
3 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
4 | shall be divided and classified and shall permit the
purchase, | ||||||
5 | possession and use of limited and stated quantities of
| ||||||
6 | alcoholic liquor as follows: | ||||||
7 | Class 1, not to exceed ......................... 500 gallons
| ||||||
8 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
9 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
10 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
11 | Class 5, not to exceed ....................... 50,000 gallons | ||||||
12 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
13 | that concurrently holds a first-class wine-maker's license to | ||||||
14 | sell
and offer for sale at retail in the premises specified in | ||||||
15 | such license
not more than 50,000 gallons of the first-class | ||||||
16 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
17 | licensed premises per year for use or
consumption, but not for | ||||||
18 | resale in any form. A wine-maker's premises
license shall allow | ||||||
19 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
20 | license to sell and offer for sale at retail in the premises
| ||||||
21 | specified in such license up to 100,000 gallons of the
| ||||||
22 | second-class wine-maker's wine that is made at the second-class | ||||||
23 | wine-maker's
licensed premises per year
for use or consumption | ||||||
24 | but not for resale in any form. A wine-maker's premises license | ||||||
25 | shall allow a
licensee that concurrently holds a first-class | ||||||
26 | wine-maker's license or a second-class
wine-maker's license to |
| |||||||
| |||||||
1 | sell
and offer for sale at retail at the premises specified in | ||||||
2 | the wine-maker's premises license, for use or consumption but | ||||||
3 | not for resale in any form, any beer, wine, and spirits | ||||||
4 | purchased from a licensed distributor. Upon approval from the
| ||||||
5 | State Commission, a wine-maker's premises license
shall allow | ||||||
6 | the licensee to sell and offer for sale at (i) the wine-maker's
| ||||||
7 | licensed premises and (ii) at up to 2 additional locations for | ||||||
8 | use and
consumption and not for resale. Each location shall | ||||||
9 | require additional
licensing per location as specified in | ||||||
10 | Section 5-3 of this Act. A wine-maker's premises licensee shall
| ||||||
11 | secure liquor liability insurance coverage in an amount at
| ||||||
12 | least equal to the maximum liability amounts set forth in
| ||||||
13 | subsection (a) of Section 6-21 of this Act.
| ||||||
14 | (j) An airplane license shall permit the licensee to import
| ||||||
15 | alcoholic liquors into this State from any point in the United | ||||||
16 | States
outside this State and to store such alcoholic liquors | ||||||
17 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
18 | directly from
manufacturers, foreign importers, distributors | ||||||
19 | and importing
distributors from within or outside this State; | ||||||
20 | and to store such
alcoholic liquors in this State; provided | ||||||
21 | that the above powers may be
exercised only in connection with | ||||||
22 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
23 | sold or dispensed on an airplane; and
provided further, that | ||||||
24 | airplane licensees exercising the above powers
shall be subject | ||||||
25 | to all provisions of Article VIII of this Act as
applied to | ||||||
26 | importing distributors. An airplane licensee shall also
permit |
| |||||||
| |||||||
1 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
2 | airplane regularly operated by a common carrier in this State, | ||||||
3 | but shall
not permit the sale for resale of any alcoholic | ||||||
4 | liquors to any licensee
within this State. A single airplane | ||||||
5 | license shall be required of an
airline company if liquor | ||||||
6 | service is provided on board aircraft in this
State. The annual | ||||||
7 | fee for such license shall be as determined in
Section 5-3. | ||||||
8 | (k) A foreign importer's license shall permit such licensee | ||||||
9 | to purchase
alcoholic liquor from Illinois licensed | ||||||
10 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
11 | than in bulk from any point outside the
United States and to | ||||||
12 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
13 | distributors and to no one else in Illinois;
provided that (i) | ||||||
14 | the foreign importer registers with the State Commission
every
| ||||||
15 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
16 | licensees during the
license period, (ii) the foreign importer | ||||||
17 | complies with all of the provisions
of Section
6-9 of this Act | ||||||
18 | with respect to registration of such Illinois licensees as may
| ||||||
19 | be granted the
right to sell such brands at wholesale, and | ||||||
20 | (iii) the foreign importer complies with the provisions of | ||||||
21 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
22 | provisions apply to manufacturers. | ||||||
23 | (l) (i) A broker's license shall be required of all persons
| ||||||
24 | who solicit
orders for, offer to sell or offer to supply | ||||||
25 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
26 | offer to retailers to ship or
cause to be shipped or to make |
| |||||||
| |||||||
1 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
2 | or any other party within or without the State
of Illinois in | ||||||
3 | order that alcoholic liquors be shipped to a distributor,
| ||||||
4 | importing distributor or foreign importer, whether such | ||||||
5 | solicitation or
offer is consummated within or without the | ||||||
6 | State of Illinois. | ||||||
7 | No holder of a retailer's license issued by the Illinois | ||||||
8 | Liquor
Control Commission shall purchase or receive any | ||||||
9 | alcoholic liquor, the
order for which was solicited or offered | ||||||
10 | for sale to such retailer by a
broker unless the broker is the | ||||||
11 | holder of a valid broker's license. | ||||||
12 | The broker shall, upon the acceptance by a retailer of the | ||||||
13 | broker's
solicitation of an order or offer to sell or supply or | ||||||
14 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
15 | to the Illinois Liquor
Control Commission a notification of | ||||||
16 | said transaction in such form as
the Commission may by | ||||||
17 | regulations prescribe. | ||||||
18 | (ii) A broker's license shall be required of
a person | ||||||
19 | within this State, other than a retail licensee,
who, for a fee | ||||||
20 | or commission, promotes, solicits, or accepts orders for
| ||||||
21 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
22 | be shipped from this State and delivered to residents outside | ||||||
23 | of
this State by an express company, common carrier, or | ||||||
24 | contract carrier.
This Section does not apply to any person who | ||||||
25 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
26 | authorized in Section 6-29 of this Act. |
| |||||||
| |||||||
1 | A broker's license under this subsection (l)
shall not | ||||||
2 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
3 | own account or to take or deliver title to
such alcoholic | ||||||
4 | liquors. | ||||||
5 | This subsection (l)
shall not apply to distributors, | ||||||
6 | employees of
distributors, or employees of a manufacturer who | ||||||
7 | has registered the
trademark, brand or name of the alcoholic | ||||||
8 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
9 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
10 | its registrants thereunder. | ||||||
11 | Any agent, representative, or person subject to | ||||||
12 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
13 | not be eligible to receive a broker's
license. | ||||||
14 | (m) A non-resident dealer's license shall permit such | ||||||
15 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
16 | State from any point
outside of this State, and to sell such | ||||||
17 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
18 | importing distributors and to no one else in this State;
| ||||||
19 | provided that (i) said non-resident dealer shall register with | ||||||
20 | the Illinois Liquor
Control Commission each and every brand of | ||||||
21 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
22 | licensees during the license period, (ii) it shall comply with | ||||||
23 | all of the provisions of Section 6-9 hereof with
respect to | ||||||
24 | registration of such Illinois licensees as may be granted the | ||||||
25 | right
to sell such brands at wholesale, and (iii) the | ||||||
26 | non-resident dealer shall comply with the provisions of |
| |||||||
| |||||||
1 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
2 | provisions apply to manufacturers. | ||||||
3 | (n) A brew pub license shall allow the licensee to only (i) | ||||||
4 | to manufacture up to 155,000 gallons of beer per year only
on | ||||||
5 | the premises specified in the license, (ii) to make sales of | ||||||
6 | the
beer manufactured on the premises or, with the approval of | ||||||
7 | the Commission, beer manufactured on another brew pub licensed | ||||||
8 | premises that is wholly substantially owned and operated by the | ||||||
9 | same licensee to importing distributors, distributors,
and to | ||||||
10 | non-licensees for use and consumption, (iii) to store the beer | ||||||
11 | upon
the premises, and (iv) to sell and offer for sale at | ||||||
12 | retail from the licensed
premises , provided that a brew pub | ||||||
13 | licensee shall not sell for off-premises
consumption no more | ||||||
14 | than 155,000 50,000 gallons per year so long as such sales are | ||||||
15 | only made in-person, (v) sell and offer for sale at retail for | ||||||
16 | use and consumption on the premises specified in the license | ||||||
17 | any form of alcoholic liquor purchased from a licensed | ||||||
18 | distributor or importing distributor, and (vi) with the prior | ||||||
19 | approval of the Commission, annually transfer no more than | ||||||
20 | 155,000 gallons of beer manufactured on the premises to a | ||||||
21 | licensed brew pub wholly owned and operated by the same | ||||||
22 | licensee . | ||||||
23 | A brew pub licensee shall not under any circumstance sell | ||||||
24 | or offer for sale beer manufactured by the brew pub licensee to | ||||||
25 | retail licensees. | ||||||
26 | A person who holds a class 2 brewer license may |
| |||||||
| |||||||
1 | simultaneously hold a brew pub license if the class 2 brewer | ||||||
2 | (i) does not, under any circumstance, sell or offer for sale | ||||||
3 | beer manufactured by the class 2 brewer to retail licensees; | ||||||
4 | (ii) does not hold more than 3 brew pub licenses in this State; | ||||||
5 | (iii) does not manufacture more than a combined 3,720,000 | ||||||
6 | gallons of beer per year, including the beer manufactured at | ||||||
7 | the brew pub; and (iv) is not a member of or affiliated with, | ||||||
8 | directly or indirectly, a manufacturer that produces more than | ||||||
9 | 3,720,000 gallons of beer per year or any other alcoholic | ||||||
10 | liquor. | ||||||
11 | Notwithstanding any other provision of this Act, a licensed | ||||||
12 | brewer, class 2 brewer, or non-resident dealer who before July | ||||||
13 | 1, 2015 manufactured less than than 3,720,000 gallons of beer | ||||||
14 | per year and held a brew pub license on or before July 1, 2015 | ||||||
15 | may (i) continue to qualify for and hold that brew pub license | ||||||
16 | for the licensed premises and (ii) manufacture more than | ||||||
17 | 3,720,000 gallons of beer per year and continue to qualify for | ||||||
18 | and hold that brew pub license if that brewer, class 2 brewer, | ||||||
19 | or non-resident dealer does not simultaneously hold a class 1 | ||||||
20 | brewer license and is not a member of or affiliated with, | ||||||
21 | directly or indirectly, a manufacturer that produces more than | ||||||
22 | 3,720,000 gallons of beer per year or that produces any other | ||||||
23 | alcoholic liquor. | ||||||
24 | A person who holds a brew pub license may simultaneously | ||||||
25 | hold a craft brewer license if he or she otherwise qualifies | ||||||
26 | for the craft brewer license and the craft brewer license is |
| |||||||
| |||||||
1 | for a location separate from the brew pub's licensed premises. | ||||||
2 | A brew pub license shall permit a person who has received prior | ||||||
3 | approval from the Commission to annually transfer no more than | ||||||
4 | a total of 50,000 gallons of beer manufactured on premises to | ||||||
5 | all other licensed brew pubs that are substantially owned and | ||||||
6 | operated by the same person. | ||||||
7 | (o) A caterer retailer license shall allow the holder
to | ||||||
8 | serve alcoholic liquors as an incidental part of a food service | ||||||
9 | that serves
prepared meals which excludes the serving of snacks | ||||||
10 | as
the primary meal, either on or off-site whether licensed or | ||||||
11 | unlicensed. | ||||||
12 | (p) An auction liquor license shall allow the licensee to | ||||||
13 | sell and offer
for sale at auction wine and spirits for use or | ||||||
14 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
15 | accordance with provisions of this Act. An
auction liquor | ||||||
16 | license will be issued to a person and it will permit the
| ||||||
17 | auction liquor licensee to hold the auction anywhere in the | ||||||
18 | State. An auction
liquor license must be obtained for each | ||||||
19 | auction at least 14 days in advance of
the auction date. | ||||||
20 | (q) A special use permit license shall allow an Illinois | ||||||
21 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
22 | inventory from its
retail licensed premises to the premises | ||||||
23 | specified in the license hereby
created, and to sell or offer | ||||||
24 | for sale at retail, only in the premises
specified in the | ||||||
25 | license hereby created, the transferred alcoholic liquor for
| ||||||
26 | use or consumption, but not for resale in any form. A special |
| |||||||
| |||||||
1 | use permit
license may be granted for the following time | ||||||
2 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
3 | per location in any 12 month period. An
applicant for the | ||||||
4 | special use permit license must also submit with the
| ||||||
5 | application proof satisfactory to the State Commission that the | ||||||
6 | applicant will
provide dram shop liability insurance to the | ||||||
7 | maximum limits and have local
authority approval. | ||||||
8 | (r) A winery shipper's license shall allow a person
with a | ||||||
9 | first-class or second-class wine manufacturer's
license, a | ||||||
10 | first-class or second-class wine-maker's license,
or a limited | ||||||
11 | wine manufacturer's license or who is licensed to
make wine | ||||||
12 | under the laws of another state to ship wine
made by that | ||||||
13 | licensee directly to a resident of this
State who is 21 years | ||||||
14 | of age or older for that resident's
personal use and not for | ||||||
15 | resale. Prior to receiving a
winery shipper's license, an | ||||||
16 | applicant for the license must
provide the Commission with a | ||||||
17 | true copy of its current
license in any state in which it is | ||||||
18 | licensed as a manufacturer
of wine. An applicant for a winery | ||||||
19 | shipper's license must
also complete an application form that | ||||||
20 | provides any other
information the Commission deems necessary. | ||||||
21 | The
application form shall include an acknowledgement | ||||||
22 | consenting
to the jurisdiction of the Commission, the Illinois
| ||||||
23 | Department of Revenue, and the courts of this State concerning
| ||||||
24 | the enforcement of this Act and any related laws, rules, and
| ||||||
25 | regulations, including authorizing the Department of Revenue
| ||||||
26 | and the Commission to conduct audits for the purpose of
|
| |||||||
| |||||||
1 | ensuring compliance with this amendatory Act. | ||||||
2 | A winery shipper licensee must pay to the Department
of | ||||||
3 | Revenue the State liquor gallonage tax under Section 8-1 for
| ||||||
4 | all wine that is sold by the licensee and shipped to a person
| ||||||
5 | in this State. For the purposes of Section 8-1, a winery
| ||||||
6 | shipper licensee shall be taxed in the same manner as a
| ||||||
7 | manufacturer of wine. A licensee who is not otherwise required | ||||||
8 | to register under the Retailers' Occupation Tax Act must
| ||||||
9 | register under the Use Tax Act to collect and remit use tax to
| ||||||
10 | the Department of Revenue for all gallons of wine that are sold
| ||||||
11 | by the licensee and shipped to persons in this State. If a
| ||||||
12 | licensee fails to remit the tax imposed under this Act in
| ||||||
13 | accordance with the provisions of Article VIII of this Act, the
| ||||||
14 | winery shipper's license shall be revoked in accordance
with | ||||||
15 | the provisions of Article VII of this Act. If a licensee
fails | ||||||
16 | to properly register and remit tax under the Use Tax Act
or the | ||||||
17 | Retailers' Occupation Tax Act for all wine that is sold
by the | ||||||
18 | winery shipper and shipped to persons in this
State, the winery | ||||||
19 | shipper's license shall be revoked in
accordance with the | ||||||
20 | provisions of Article VII of this Act. | ||||||
21 | A winery shipper licensee must collect, maintain, and
| ||||||
22 | submit to the Commission on a semi-annual basis the
total | ||||||
23 | number of cases per resident of wine shipped to residents
of | ||||||
24 | this State.
A winery shipper licensed under this subsection (r)
| ||||||
25 | must comply with the requirements of Section 6-29 of this | ||||||
26 | amendatory Act. |
| ||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
1 | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | |||||||||||||||||||||||||||||||||||||
2 | Section 3-12, the State Commission may receive, respond to, and | |||||||||||||||||||||||||||||||||||||
3 | investigate any complaint and impose any of the remedies | |||||||||||||||||||||||||||||||||||||
4 | specified in paragraph (1) of subsection (a) of Section 3-12. | |||||||||||||||||||||||||||||||||||||
5 | (Source: P.A. 97-5, eff. 6-1-11; 97-455, eff. 8-19-11; 97-813, | |||||||||||||||||||||||||||||||||||||
6 | eff. 7-13-12; 97-1166, eff. 3-1-13; 98-394, eff. 8-16-13; | |||||||||||||||||||||||||||||||||||||
7 | 98-401, eff. 8-16-13; 98-756, eff. 7-16-14.)
| |||||||||||||||||||||||||||||||||||||
8 | (235 ILCS 5/5-3) (from Ch. 43, par. 118) | |||||||||||||||||||||||||||||||||||||
9 | Sec. 5-3. License fees. Except as otherwise provided | |||||||||||||||||||||||||||||||||||||
10 | herein, at the time
application is made to the State Commission | |||||||||||||||||||||||||||||||||||||
11 | for a license of any class, the
applicant shall pay to the | |||||||||||||||||||||||||||||||||||||
12 | State Commission the fee hereinafter provided for
the kind of | |||||||||||||||||||||||||||||||||||||
13 | license applied for. | |||||||||||||||||||||||||||||||||||||
14 | The fee for licenses issued by the State Commission shall | |||||||||||||||||||||||||||||||||||||
15 | be as follows: | |||||||||||||||||||||||||||||||||||||
16 | For a manufacturer's license: | |||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | Fees collected under this Section shall be paid into the
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | Dram Shop Fund. On and after July 1, 2003, of the funds | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | received for a
retailer's license, in
addition to the
first | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | $175, an additional $75 shall be paid into the Dram Shop Fund, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | and $250
shall be
paid into the General Revenue Fund. Beginning | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | June 30, 1990 and on June 30
of each
subsequent year through |
| |||||||
| |||||||
1 | June 29, 2003, any balance over $5,000,000
remaining in the | ||||||
2 | Dram Shop Fund
shall be credited to State liquor licensees and | ||||||
3 | applied against their fees for
State liquor licenses for the | ||||||
4 | following year. The amount credited to each
licensee shall be a | ||||||
5 | proportion of the balance in the Dram Fund that is the
same as | ||||||
6 | the proportion of the license fee paid by the licensee under
| ||||||
7 | this Section for the period in which the balance was | ||||||
8 | accumulated to the
aggregate fees paid by all licensees during | ||||||
9 | that period. | ||||||
10 | No fee shall be paid for licenses issued by the State | ||||||
11 | Commission to
the following non-beverage users: | ||||||
12 | (a) Hospitals, sanitariums, or clinics when their use | ||||||
13 | of alcoholic
liquor is exclusively medicinal, mechanical | ||||||
14 | or scientific. | ||||||
15 | (b) Universities, colleges of learning or schools when | ||||||
16 | their use of
alcoholic liquor is exclusively medicinal, | ||||||
17 | mechanical or scientific. | ||||||
18 | (c) Laboratories when their use is exclusively for the | ||||||
19 | purpose of
scientific research. | ||||||
20 | (Source: P.A. 97-5, eff. 6-1-11; 98-55, eff. 7-5-13.)
| ||||||
21 | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| ||||||
22 | Sec. 6-4. (a) No person licensed by any licensing authority | ||||||
23 | as a
distiller, or a wine manufacturer, or any subsidiary or | ||||||
24 | affiliate
thereof, or any officer, associate, member, partner, | ||||||
25 | representative,
employee, agent or shareholder owning more |
| |||||||
| |||||||
1 | than 5% of the outstanding
shares of such person shall be | ||||||
2 | issued an importing distributor's or
distributor's license, | ||||||
3 | nor shall any person licensed by any licensing
authority as an | ||||||
4 | importing distributor, distributor or retailer, or any
| ||||||
5 | subsidiary or affiliate thereof, or any officer or associate, | ||||||
6 | member,
partner, representative, employee, agent or | ||||||
7 | shareholder owning more than
5% of the outstanding shares of | ||||||
8 | such person be issued a distiller's
license or a wine | ||||||
9 | manufacturer's license; and no person or persons
licensed as a | ||||||
10 | distiller by any licensing authority shall have any
interest, | ||||||
11 | directly or indirectly, with such distributor or importing
| ||||||
12 | distributor.
| ||||||
13 | However, an importing distributor or distributor, which on | ||||||
14 | January
1, 1985 is owned by a brewer, or any subsidiary or | ||||||
15 | affiliate thereof or any
officer, associate, member, partner, | ||||||
16 | representative, employee, agent or
shareholder owning more | ||||||
17 | than 5% of the outstanding shares of the importing
distributor | ||||||
18 | or distributor referred to in this paragraph, may own or
| ||||||
19 | acquire an ownership interest of more than 5% of the | ||||||
20 | outstanding shares of
a wine manufacturer and be issued a wine
| ||||||
21 | manufacturer's license by any licensing authority.
| ||||||
22 | (b) The foregoing provisions shall not apply to any person | ||||||
23 | licensed
by any licensing authority as a distiller or wine | ||||||
24 | manufacturer, or to
any subsidiary or affiliate of any | ||||||
25 | distiller or wine manufacturer who
shall have been heretofore | ||||||
26 | licensed by the State Commission as either an
importing |
| |||||||
| |||||||
1 | distributor or distributor during the annual licensing period
| ||||||
2 | expiring June 30, 1947, and shall actually have made sales | ||||||
3 | regularly to
retailers.
| ||||||
4 | (c) Provided, however, that in such instances where a | ||||||
5 | distributor's
or importing distributor's license has been | ||||||
6 | issued to any distiller or
wine manufacturer or to any | ||||||
7 | subsidiary or affiliate of any distiller or
wine manufacturer | ||||||
8 | who has, during the licensing period ending June 30,
1947, sold | ||||||
9 | or distributed as such licensed distributor or importing
| ||||||
10 | distributor alcoholic liquors and wines to retailers, such | ||||||
11 | distiller or
wine manufacturer or any subsidiary or affiliate | ||||||
12 | of any distiller or
wine manufacturer holding such | ||||||
13 | distributor's or importing distributor's
license may continue | ||||||
14 | to sell or distribute to retailers such alcoholic
liquors and | ||||||
15 | wines which are manufactured, distilled, processed or
marketed | ||||||
16 | by distillers and wine manufacturers whose products it sold or
| ||||||
17 | distributed to retailers during the whole or any part of its | ||||||
18 | licensing
periods; and such additional brands and additional | ||||||
19 | products may be added
to the line of such distributor or | ||||||
20 | importing distributor, provided, that
such brands and such | ||||||
21 | products were not sold or distributed by any
distributor or | ||||||
22 | importing distributor licensed by the State Commission
during | ||||||
23 | the licensing period ending June 30, 1947, but can not sell or
| ||||||
24 | distribute to retailers any other alcoholic liquors or wines.
| ||||||
25 | (d) It shall be unlawful for any distiller licensed | ||||||
26 | anywhere to have
any stock ownership or interest in any |
| |||||||
| |||||||
1 | distributor's or importing
distributor's license wherein any | ||||||
2 | other person has an interest therein
who is not a distiller and | ||||||
3 | does not own more than 5% of any stock in any
distillery. | ||||||
4 | Nothing herein contained shall apply to such distillers or
| ||||||
5 | their subsidiaries or affiliates, who had a distributor's or | ||||||
6 | importing
distributor's license during the licensing period | ||||||
7 | ending June 30, 1947,
which license was owned in whole by such | ||||||
8 | distiller, or subsidiaries or
affiliates of such distiller.
| ||||||
9 | (e) Any person having been licensed as a brewer, class 1 | ||||||
10 | brewer, or class 2 brewer manufacturer shall be
permitted to | ||||||
11 | sell on the licensed premises to non-licensees for on or | ||||||
12 | off-premises consumption for the premises receive one | ||||||
13 | retailer's license for the premises in which he
or she actually | ||||||
14 | conducts such business , permitting only the retail sale of beer | ||||||
15 | manufactured by the brewer, class 1 brewer, or class 2 brewer. | ||||||
16 | Such sales shall be limited to on-premises, in-person sales | ||||||
17 | only, for lawful consumption on or off premises. Such | ||||||
18 | authorization shall be considered a privilege granted by the | ||||||
19 | brewer license and, other at such premises and only on
such | ||||||
20 | premises, but no such person shall be entitled to more than one
| ||||||
21 | retailer's license in any event, and, other than a manufacturer | ||||||
22 | of beer
as stated above, no manufacturer or distributor or | ||||||
23 | importing
distributor, excluding airplane licensees exercising | ||||||
24 | powers provided in
paragraph (i) of Section 5-1 of this Act, or | ||||||
25 | any subsidiary or affiliate
thereof, or any officer,
associate, | ||||||
26 | member, partner, representative, employee or agent, or
|
| |||||||
| |||||||
1 | shareholder shall be issued a retailer's license, nor shall any | ||||||
2 | person
having a retailer's license, excluding airplane | ||||||
3 | licensees exercising powers
provided in paragraph (i) of | ||||||
4 | Section 5-1 of this
Act, or any subsidiary or affiliate | ||||||
5 | thereof, or
any officer, associate, member, partner, | ||||||
6 | representative or agent, or
shareholder be issued a | ||||||
7 | manufacturer's license or importing distributor's
license.
| ||||||
8 | A person who holds a class 1 or class 2 brewer license and | ||||||
9 | is authorized by this Section to sell beer to non-licensees | ||||||
10 | shall not sell beer to non-licensees from more than 3 total | ||||||
11 | brewer or commonly owned brew pub licensed locations in this | ||||||
12 | State. The class 1 or class 2 brewer shall designate to the | ||||||
13 | State Commission the brewer or brew pub locations from which it | ||||||
14 | will sell beer to non-licensees. | ||||||
15 | A person licensed as a craft distiller not affiliated with | ||||||
16 | any other person manufacturing spirits may be authorized by the | ||||||
17 | Commission to sell up to 2,500 gallons of spirits produced by | ||||||
18 | the person to non-licensees for on or off-premises consumption | ||||||
19 | for the premises in which he or she actually conducts business | ||||||
20 | permitting only the retail sale of spirits manufactured at such | ||||||
21 | premises. Such sales shall be limited to on-premises, in-person | ||||||
22 | sales only, for lawful consumption on or off premises, and such | ||||||
23 | authorization shall be considered a privilege granted by the | ||||||
24 | craft distiller license. A craft distiller licensed for retail | ||||||
25 | sale shall secure liquor liability insurance coverage in an | ||||||
26 | amount at least equal to the maximum liability amounts set |
| |||||||
| |||||||
1 | forth in subsection (a) of Section 6-21 of this Act. | ||||||
2 | (f) However, the foregoing prohibitions against any person | ||||||
3 | licensed as
a distiller or wine manufacturer being issued a | ||||||
4 | retailer's license shall not apply:
| ||||||
5 | (i) to any hotel, motel or restaurant whose principal | ||||||
6 | business is not
the sale of alcoholic liquors if said | ||||||
7 | retailer's sales of any alcoholic
liquors manufactured, | ||||||
8 | sold, distributed or controlled, directly or
indirectly, | ||||||
9 | by any affiliate, subsidiary, officer, associate, member,
| ||||||
10 | partner, representative, employee, agent or shareholder | ||||||
11 | owning more than 5%
of the outstanding shares of such | ||||||
12 | person does not exceed
10% of the total alcoholic liquor | ||||||
13 | sales of said retail licensee; and
| ||||||
14 | (ii) where the Commission determines, having | ||||||
15 | considered the public
welfare, the economic impact upon the | ||||||
16 | State and the entirety of the facts
and circumstances | ||||||
17 | involved, that the purpose and intent of this Section
would | ||||||
18 | not be violated by granting an exemption.
| ||||||
19 | (g) Notwithstanding any of the foregoing prohibitions, a | ||||||
20 | limited wine
manufacturer may sell at retail at its | ||||||
21 | manufacturing site for on or off
premises consumption and may | ||||||
22 | sell to distributors. A limited wine manufacturer licensee
| ||||||
23 | shall secure liquor liability insurance coverage in an amount
| ||||||
24 | at least equal to the maximum liability amounts set forth in
| ||||||
25 | subsection (a) of Section 6-21 of this Act.
| ||||||
26 | (Source: P.A. 96-1367, eff. 7-28-10; 97-606, eff. 8-26-11; |
| |||||||
| |||||||
1 | 97-1166, eff. 3-1-13.)
| ||||||
2 | (235 ILCS 5/6-5) (from Ch. 43, par. 122)
| ||||||
3 | Sec. 6-5.
Except as otherwise provided in this Section, it | ||||||
4 | is unlawful
for any person having a retailer's license or
any | ||||||
5 | officer, associate, member, representative or agent of such | ||||||
6 | licensee
to accept, receive or borrow money, or anything else | ||||||
7 | of value, or accept
or receive credit (other than merchandising | ||||||
8 | credit in the ordinary
course of business for a period not to | ||||||
9 | exceed 30 days) directly or
indirectly from any manufacturer, | ||||||
10 | importing distributor or distributor
of alcoholic liquor, or | ||||||
11 | from any person connected with or in any way
representing, or | ||||||
12 | from any member of the family of, such manufacturer,
importing | ||||||
13 | distributor, distributor or wholesaler, or from any
| ||||||
14 | stockholders in any corporation engaged in manufacturing, | ||||||
15 | distributing
or wholesaling of such liquor, or from any | ||||||
16 | officer, manager, agent or
representative of said | ||||||
17 | manufacturer. Except as provided below, it is
unlawful for any | ||||||
18 | manufacturer
or distributor or importing distributor to give or | ||||||
19 | lend money or
anything of value, or otherwise loan or extend | ||||||
20 | credit (except such
merchandising credit) directly or | ||||||
21 | indirectly to any retail licensee or
to the manager, | ||||||
22 | representative, agent, officer or director of such
licensee. A | ||||||
23 | manufacturer, distributor or importing distributor may furnish
| ||||||
24 | free advertising, posters,
signs, brochures, hand-outs, or | ||||||
25 | other promotional devices or materials to
any unit of |
| |||||||
| |||||||
1 | government owning or operating any auditorium, exhibition | ||||||
2 | hall,
recreation facility or other similar facility holding a | ||||||
3 | retailer's license,
provided that the primary purpose of such | ||||||
4 | promotional devices or materials
is to promote public events | ||||||
5 | being held at such facility. A unit of government
owning or | ||||||
6 | operating such a facility holding a retailer's license may | ||||||
7 | accept
such promotional devices or materials designed | ||||||
8 | primarily to promote public
events held at the facility. No | ||||||
9 | retail licensee delinquent beyond the
30 day period specified | ||||||
10 | in this Section shall
solicit, accept or receive credit, | ||||||
11 | purchase or acquire alcoholic
liquors, directly or indirectly | ||||||
12 | from any other licensee, and no
manufacturer, distributor or | ||||||
13 | importing distributor shall knowingly grant
or extend credit, | ||||||
14 | sell, furnish or supply alcoholic liquors to any such
| ||||||
15 | delinquent retail licensee; provided that the purchase price of | ||||||
16 | all beer
sold to a retail licensee shall be paid by the retail | ||||||
17 | licensee in cash
on or before delivery of the beer, and unless | ||||||
18 | the purchase price payable
by a retail licensee for beer sold | ||||||
19 | to him in returnable bottles shall
expressly include a charge | ||||||
20 | for the bottles and cases, the retail
licensee shall, on or | ||||||
21 | before delivery of such beer, pay the seller in
cash a deposit | ||||||
22 | in an amount not less than the deposit required to be
paid by | ||||||
23 | the distributor to the brewer; but where the brewer sells | ||||||
24 | direct
to the retailer, the deposit shall be an amount no less | ||||||
25 | than that
required by the brewer from his own distributors; and | ||||||
26 | provided further,
that in no instance shall this deposit be |
| |||||||
| |||||||
1 | less than 50 cents for each
case of beer in pint or smaller | ||||||
2 | bottles and 60 cents for each case of
beer in quart or | ||||||
3 | half-gallon bottles; and provided further, that the
purchase | ||||||
4 | price of all beer sold to an importing distributor or
| ||||||
5 | distributor shall be paid by such importing distributor or | ||||||
6 | distributor
in cash on or before the 15th day (Sundays and | ||||||
7 | holidays excepted) after
delivery of such beer to such | ||||||
8 | purchaser; and unless the purchase price
payable by such | ||||||
9 | importing distributor or distributor for beer sold in
| ||||||
10 | returnable bottles and cases shall expressly include a charge | ||||||
11 | for the
bottles and cases, such importing distributor or | ||||||
12 | distributor shall, on
or before the 15th day (Sundays and | ||||||
13 | holidays excepted) after delivery of
such beer to such | ||||||
14 | purchaser, pay the seller in cash a required amount as
a | ||||||
15 | deposit to assure the return of such bottles and cases. Nothing | ||||||
16 | herein
contained shall prohibit any licensee from crediting or | ||||||
17 | refunding to a
purchaser the actual amount of money paid for | ||||||
18 | bottles, cases, kegs or
barrels returned by the purchaser to | ||||||
19 | the seller or paid by the purchaser
as a deposit on bottles, | ||||||
20 | cases, kegs or barrels, when such containers or
packages are | ||||||
21 | returned to the seller. Nothing herein contained shall
prohibit | ||||||
22 | any manufacturer, importing distributor or distributor from
| ||||||
23 | extending usual and customary credit for alcoholic liquor sold | ||||||
24 | to
customers or purchasers who live in or maintain places of | ||||||
25 | business
outside of this State when such alcoholic liquor is | ||||||
26 | actually transported
and delivered to such points outside of |
| |||||||
| |||||||
1 | this State.
| ||||||
2 | A manufacturer, distributor, or importing distributor may | ||||||
3 | furnish free social media advertising to a retail licensee if | ||||||
4 | the social media advertisement does not contain the retail | ||||||
5 | price of any alcoholic liquor and the social media | ||||||
6 | advertisement complies with any applicable rules or | ||||||
7 | regulations issued by the Alcohol and Tobacco Tax and Trade | ||||||
8 | Bureau of the United States Department of the Treasury. A | ||||||
9 | manufacturer, distributor, or importing distributor may list | ||||||
10 | the names of one or more unaffiliated retailers in the | ||||||
11 | advertisement of alcoholic liquor through social media. | ||||||
12 | Nothing in this Section shall prohibit a retailer from | ||||||
13 | communicating with a manufacturer, distributor, or importing | ||||||
14 | distributor on social media or sharing media on the social | ||||||
15 | media of a manufacturer, distributor, or importing | ||||||
16 | distributor. A retailer may request free social media | ||||||
17 | advertising from a manufacturer, distributor, or importing | ||||||
18 | distributor. Nothing in this Section shall prohibit a | ||||||
19 | manufacturer, distributor, or importing distributor from | ||||||
20 | sharing, reposting, or otherwise forwarding a social media post | ||||||
21 | by a retail licensee, so long as the sharing, reposting, or | ||||||
22 | forwarding of the social media post does not contain the retail | ||||||
23 | price of any alcoholic liquor. No manufacturer, distributor, or | ||||||
24 | importing distributor shall pay or reimburse a retailer, | ||||||
25 | directly or indirectly, for any social media advertising | ||||||
26 | services, except as specifically permitted in this Act. No |
| |||||||
| |||||||
1 | retailer shall accept any payment or reimbursement, directly or | ||||||
2 | indirectly, for any social media advertising services offered | ||||||
3 | by a manufacturer, distributor, or importing distributor, | ||||||
4 | except as specifically permitted in this Act. For the purposes | ||||||
5 | of this Section, "social media" means a service, platform, or | ||||||
6 | site where users communicate with one another and share media, | ||||||
7 | such as pictures, videos, music, and blogs, with other users | ||||||
8 | free of charge. | ||||||
9 | No right of action shall exist for the collection of any | ||||||
10 | claim based
upon credit extended to a distributor, importing | ||||||
11 | distributor or retail
licensee contrary to the provisions of | ||||||
12 | this Section.
| ||||||
13 | Every manufacturer, importing distributor and distributor | ||||||
14 | shall
submit or cause to be submitted, to the State Commission, | ||||||
15 | in triplicate,
not later than Thursday of each calendar week, a | ||||||
16 | verified written list
of the names and respective addresses of | ||||||
17 | each retail licensee purchasing
spirits or wine from such | ||||||
18 | manufacturer, importing distributor or
distributor who, on the | ||||||
19 | first business day of that calendar week, was
delinquent beyond | ||||||
20 | the above mentioned permissible merchandising credit
period of | ||||||
21 | 30 days; or, if such is the fact, a verified written statement
| ||||||
22 | that no retail licensee purchasing spirits or wine was then | ||||||
23 | delinquent
beyond such permissible merchandising credit period | ||||||
24 | of 30 days.
| ||||||
25 | Every manufacturer, importing distributor and distributor | ||||||
26 | shall
submit or cause to be submitted, to the State Commission, |
| |||||||
| |||||||
1 | in triplicate,
a verified written list of the names and | ||||||
2 | respective addresses of each
previously reported delinquent | ||||||
3 | retail licensee who has cured such
delinquency by payment, | ||||||
4 | which list shall be submitted not later than the
close of the | ||||||
5 | second full business day following the day such delinquency
was | ||||||
6 | so cured.
| ||||||
7 | Such written verified reports required to be submitted by | ||||||
8 | this
Section shall be posted by the State Commission in each of | ||||||
9 | its offices
in places available for public inspection not later | ||||||
10 | than the day
following receipt thereof by the Commission. The | ||||||
11 | reports so posted shall
constitute notice to every | ||||||
12 | manufacturer, importing distributor and
distributor of the | ||||||
13 | information contained therein. Actual notice to
manufacturers, | ||||||
14 | importing distributors and distributors of the
information | ||||||
15 | contained in any such posted reports, however received,
shall | ||||||
16 | also constitute notice of such information.
| ||||||
17 | The 30 day merchandising credit period allowed by this | ||||||
18 | Section shall
commence with the day immediately following the | ||||||
19 | date of invoice and
shall include all successive days including | ||||||
20 | Sundays and holidays to and
including the 30th successive day.
| ||||||
21 | In addition to other methods allowed by law, payment by | ||||||
22 | check during
the period for which merchandising credit may be | ||||||
23 | extended under the
provisions of this Section shall be | ||||||
24 | considered payment. All checks
received in payment for | ||||||
25 | alcoholic liquor shall be promptly deposited for
collection. A | ||||||
26 | post dated check or a check dishonored on presentation for
|
| |||||||
| |||||||
1 | payment shall not be deemed payment.
| ||||||
2 | A retail licensee shall not be deemed to be delinquent in | ||||||
3 | payment for
any alleged sale to him of alcoholic liquor when | ||||||
4 | there exists a bona fide
dispute between such retailer and a | ||||||
5 | manufacturer, importing distributor
or distributor with | ||||||
6 | respect to the amount of indebtedness existing
because of such | ||||||
7 | alleged sale.
| ||||||
8 | A delinquent retail licensee who engages in the retail | ||||||
9 | liquor
business at 2 or more locations shall be deemed to be | ||||||
10 | delinquent with
respect to each such location.
| ||||||
11 | The license of any person who violates any provision of | ||||||
12 | this Section
shall be subject to suspension or revocation in | ||||||
13 | the manner provided by
this Act.
| ||||||
14 | If any part or provision of this Article or the application | ||||||
15 | thereof
to any person or circumstances shall be adjudged | ||||||
16 | invalid by a court of
competent jurisdiction, such judgment | ||||||
17 | shall be confined by its operation
to the controversy in which | ||||||
18 | it was mentioned and shall not affect or
invalidate the | ||||||
19 | remainder of this Article or the application thereof to
any | ||||||
20 | other person or circumstance and to this and the provisions of | ||||||
21 | this
Article are declared severable.
| ||||||
22 | (Source: P.A. 83-762.)
| ||||||
23 | (235 ILCS 5/6-6) (from Ch. 43, par. 123)
| ||||||
24 | Sec. 6-6.
Except as otherwise provided in this Act no | ||||||
25 | manufacturer or
distributor or importing distributor shall, |
| |||||||
| |||||||
1 | directly or indirectly,
sell, supply, furnish, give or pay for, | ||||||
2 | or loan or lease, any
furnishing, fixture or equipment on the | ||||||
3 | premises of a place of business
of another licensee authorized | ||||||
4 | under this Act to sell alcoholic liquor
at retail, either for | ||||||
5 | consumption on or off the premises, nor shall he or she,
| ||||||
6 | directly or indirectly, pay for any such license, or advance, | ||||||
7 | furnish,
lend or give money for payment of such license, or | ||||||
8 | purchase or become
the owner of any note, mortgage, or other | ||||||
9 | evidence of indebtedness of
such licensee or any form of | ||||||
10 | security therefor, nor shall such
manufacturer, or | ||||||
11 | distributor, or importing distributor, directly or
indirectly, | ||||||
12 | be interested in the ownership, conduct or operation of the
| ||||||
13 | business of any licensee authorized to sell alcoholic liquor at | ||||||
14 | retail,
nor shall any manufacturer, or distributor, or | ||||||
15 | importing distributor be
interested directly or indirectly or | ||||||
16 | as owner or part owner of said
premises or as lessee or lessor | ||||||
17 | thereof, in any premises upon which
alcoholic liquor is sold at | ||||||
18 | retail.
| ||||||
19 | No manufacturer or distributor or importing distributor | ||||||
20 | shall,
directly or indirectly or through a subsidiary or | ||||||
21 | affiliate, or by any
officer, director or firm of such | ||||||
22 | manufacturer, distributor or importing
distributor, furnish, | ||||||
23 | give, lend or rent, install, repair or maintain,
to or for any | ||||||
24 | retail licensee in this State, any
signs or inside advertising | ||||||
25 | materials except as provided in this Section and
Section 6-5. | ||||||
26 | With respect to
retail licensees, other than any government |
| |||||||
| |||||||
1 | owned or operated auditorium,
exhibition hall, recreation | ||||||
2 | facility or other similar facility holding a
retailer's license | ||||||
3 | as described in Section 6-5, a manufacturer,
distributor, or | ||||||
4 | importing distributor may furnish, give, lend or rent and
| ||||||
5 | erect, install, repair and maintain to or for any retail | ||||||
6 | licensee, for use
at any one time in or about or in connection | ||||||
7 | with a retail establishment on
which the products of the | ||||||
8 | manufacturer, distributor or importing
distributor are sold, | ||||||
9 | the following signs and inside advertising materials
as | ||||||
10 | authorized in subparts (i), (ii), (iii), and (iv):
| ||||||
11 | (i) Permanent outside signs shall be limited to one | ||||||
12 | outside sign, per
brand, in place and in use at any one | ||||||
13 | time,
costing not more than $893, exclusive of erection,
| ||||||
14 | installation, repair and maintenance costs, and permit | ||||||
15 | fees and
shall bear only the manufacturer's name, brand | ||||||
16 | name, trade name, slogans,
markings, trademark, or other | ||||||
17 | symbols commonly associated with and generally
used in | ||||||
18 | identifying the product including, but not limited to, | ||||||
19 | "cold beer", "on
tap", "carry out", and "packaged liquor".
| ||||||
20 | (ii) Temporary outside signs shall be
limited to one | ||||||
21 | temporary outside sign per brand. Examples of temporary | ||||||
22 | outside
signs are banners, flags, pennants,
streamers, and | ||||||
23 | other items of a temporary and non-permanent
nature. Each | ||||||
24 | temporary outside sign must include the manufacturer's | ||||||
25 | name,
brand name, trade name, slogans, markings,
| ||||||
26 | trademark, or other symbol commonly associated with and |
| |||||||
| |||||||
1 | generally used in
identifying the product. Temporary | ||||||
2 | outside signs may also include,
for example, the product,
| ||||||
3 | price, packaging, date or dates of a promotion and an | ||||||
4 | announcement of a
retail licensee's specific sponsored | ||||||
5 | event, if the temporary outside sign is
intended to promote | ||||||
6 | a product, and provided that the announcement of the retail
| ||||||
7 | licensee's event and the product promotion are held | ||||||
8 | simultaneously. However,
temporary outside signs may not | ||||||
9 | include names, slogans, markings, or logos that
relate to | ||||||
10 | the retailer. Nothing in this subpart (ii) shall prohibit a
| ||||||
11 | distributor or importing distributor from bearing the cost | ||||||
12 | of creating or
printing a temporary outside sign for the | ||||||
13 | retail licensee's specific sponsored
event or from bearing | ||||||
14 | the cost of creating or printing a temporary sign for a
| ||||||
15 | retail licensee containing, for example, community | ||||||
16 | goodwill expressions,
regional sporting event | ||||||
17 | announcements, or seasonal messages, provided that the
| ||||||
18 | primary purpose of the temporary outside sign is to | ||||||
19 | highlight, promote, or
advertise the product.
In addition, | ||||||
20 | temporary outside signs provided by the manufacturer to
the | ||||||
21 | distributor or importing distributor may also include, for | ||||||
22 | example, subject
to the limitations of this Section, | ||||||
23 | preprinted community goodwill expressions,
sporting event | ||||||
24 | announcements, seasonal messages, and manufacturer | ||||||
25 | promotional
announcements. However, a distributor or | ||||||
26 | importing distributor shall not bear
the cost of such |
| |||||||
| |||||||
1 | manufacturer preprinted signs.
| ||||||
2 | (iii) Permanent inside
signs, whether visible from the | ||||||
3 | outside or the inside of the premises,
include, but are not | ||||||
4 | limited to: alcohol lists and menus that may include
names, | ||||||
5 | slogans, markings, or logos that relate to the retailer; | ||||||
6 | neons;
illuminated signs; clocks; table lamps; mirrors; | ||||||
7 | tap handles; decalcomanias;
window painting; and window | ||||||
8 | trim. All permanent inside signs in place
and in use at any | ||||||
9 | one time shall cost in the aggregate not more than $2000 | ||||||
10 | per
manufacturer. A permanent inside sign must include the
| ||||||
11 | manufacturer's name, brand name, trade name, slogans, | ||||||
12 | markings, trademark, or
other symbol commonly associated | ||||||
13 | with and generally used in identifying
the product. | ||||||
14 | However,
permanent inside signs may not include names, | ||||||
15 | slogans, markings, or logos
that relate to the retailer. | ||||||
16 | For the purpose of this subpart (iii), all
permanent inside | ||||||
17 | signs may be displayed in an adjacent courtyard or patio
| ||||||
18 | commonly referred to as a "beer garden" that is a part of | ||||||
19 | the retailer's
licensed premises.
| ||||||
20 | (iv) Temporary inside signs shall include, but are not | ||||||
21 | limited to, lighted
chalk boards, acrylic table tent | ||||||
22 | beverage or hors d'oeuvre list holders,
banners, flags, | ||||||
23 | pennants, streamers, and inside advertising materials such | ||||||
24 | as
posters, placards, bowling sheets, table tents, inserts | ||||||
25 | for acrylic table tent
beverage or hors d'oeuvre list | ||||||
26 | holders, sports schedules,
or similar printed or |
| |||||||
| |||||||
1 | illustrated materials; however, such items, for example,
| ||||||
2 | as coasters, trays, napkins, glassware and cups shall not | ||||||
3 | be deemed to be
inside signs or advertising materials and | ||||||
4 | may only be sold to retailers. All
temporary inside signs | ||||||
5 | and inside advertising materials in place and in use at
any | ||||||
6 | one time shall cost in the aggregate not more than $325 per | ||||||
7 | manufacturer.
Nothing in this subpart (iv) prohibits a | ||||||
8 | distributor or importing distributor
from paying the cost | ||||||
9 | of
printing or creating any temporary inside banner or | ||||||
10 | inserts for acrylic table
tent beverage or hors d'oeuvre | ||||||
11 | list holders for a retail licensee, provided
that the | ||||||
12 | primary purpose for the banner or insert is to highlight, | ||||||
13 | promote, or
advertise the product. For the purpose of this | ||||||
14 | subpart (iv), all temporary
inside signs and inside | ||||||
15 | advertising materials may be displayed in an adjacent
| ||||||
16 | courtyard or patio commonly referred to as a "beer garden" | ||||||
17 | that is a part of
the retailer's licensed premises.
| ||||||
18 | A "cost adjustment factor" shall be used to periodically | ||||||
19 | update the
dollar limitations prescribed in subparts (i), | ||||||
20 | (iii), and (iv). The Commission
shall establish the adjusted | ||||||
21 | dollar limitation on an annual basis beginning in
January, | ||||||
22 | 1997. The term "cost adjustment factor"
means a percentage | ||||||
23 | equal to the change in the Bureau of Labor Statistics
Consumer | ||||||
24 | Price Index or 5%, whichever is greater.
The restrictions | ||||||
25 | contained in this Section 6-6 do not apply to signs, or
| ||||||
26 | promotional or advertising materials furnished by |
| |||||||
| |||||||
1 | manufacturers, distributors
or importing distributors to a | ||||||
2 | government owned or operated facility holding
a retailer's | ||||||
3 | license as described in Section 6-5.
| ||||||
4 | No distributor or importing distributor shall directly or | ||||||
5 | indirectly
or through a subsidiary or affiliate, or by any | ||||||
6 | officer, director or
firm of such manufacturer, distributor or | ||||||
7 | importing distributor,
furnish, give, lend or rent, install, | ||||||
8 | repair or maintain, to or for any
retail licensee in this | ||||||
9 | State, any signs or
inside advertising materials described in | ||||||
10 | subparts (i), (ii), (iii), or (iv)
of this Section except as | ||||||
11 | the agent for or on behalf of a manufacturer,
provided that the | ||||||
12 | total cost of any signs and inside advertising materials
| ||||||
13 | including but not limited to labor, erection, installation and | ||||||
14 | permit fees
shall be paid by the manufacturer whose product or | ||||||
15 | products said signs
and inside advertising materials advertise | ||||||
16 | and except as follows:
| ||||||
17 | A distributor or importing distributor may purchase from or | ||||||
18 | enter into a
written agreement with a manufacturer or a | ||||||
19 | manufacturer's designated supplier
and such manufacturer or | ||||||
20 | the manufacturer's designated supplier may sell or
enter into | ||||||
21 | an agreement to sell to a distributor or importing distributor
| ||||||
22 | permitted signs and advertising materials described in | ||||||
23 | subparts (ii), (iii), or
(iv) of this Section for the purpose | ||||||
24 | of furnishing, giving, lending, renting,
installing, | ||||||
25 | repairing, or maintaining such signs or advertising materials | ||||||
26 | to or
for any retail licensee in this State. Any purchase by a |
| |||||||
| |||||||
1 | distributor or
importing distributor from a manufacturer or a | ||||||
2 | manufacturer's designated
supplier shall be voluntary and the | ||||||
3 | manufacturer may not require the
distributor or the importing | ||||||
4 | distributor to purchase signs or advertising
materials from the | ||||||
5 | manufacturer or the manufacturer's designated supplier.
| ||||||
6 | A distributor or importing distributor shall be deemed the | ||||||
7 | owner of such
signs or advertising materials purchased from a | ||||||
8 | manufacturer or
a manufacturer's designated supplier.
| ||||||
9 | The provisions of Public Act 90-373
concerning signs or | ||||||
10 | advertising materials delivered by a manufacturer to a
| ||||||
11 | distributor or importing distributor shall apply only to signs | ||||||
12 | or advertising
materials delivered on or after August 14, 1997.
| ||||||
13 | A manufacturer, distributor, or importing distributor may | ||||||
14 | furnish free social media advertising to a retail licensee if | ||||||
15 | the social media advertisement does not contain the retail | ||||||
16 | price of any alcoholic liquor and the social media | ||||||
17 | advertisement complies with any applicable rules or | ||||||
18 | regulations issued by the Alcohol and Tobacco Tax and Trade | ||||||
19 | Bureau of the United States Department of the Treasury. A | ||||||
20 | manufacturer, distributor, or importing distributor may list | ||||||
21 | the names of one or more unaffiliated retailers in the | ||||||
22 | advertisement of alcoholic liquor through social media. | ||||||
23 | Nothing in this Section shall prohibit a retailer from | ||||||
24 | communicating with a manufacturer, distributor, or importing | ||||||
25 | distributor on social media or sharing media on the social | ||||||
26 | media of a manufacturer, distributor, or importing |
| |||||||
| |||||||
1 | distributor. A retailer may request free social media | ||||||
2 | advertising from a manufacturer, distributor, or importing | ||||||
3 | distributor. Nothing in this Section shall prohibit a | ||||||
4 | manufacturer, distributor, or importing distributor from | ||||||
5 | sharing, reposting, or otherwise forwarding a social media post | ||||||
6 | by a retail licensee, so long as the sharing, reposting, or | ||||||
7 | forwarding of the social media post does not contain the retail | ||||||
8 | price of any alcoholic liquor. No manufacturer, distributor, or | ||||||
9 | importing distributor shall pay or reimburse a retailer, | ||||||
10 | directly or indirectly, for any social media advertising | ||||||
11 | services, except as specifically permitted in this Act. No | ||||||
12 | retailer shall accept any payment or reimbursement, directly or | ||||||
13 | indirectly, for any social media advertising services offered | ||||||
14 | by a manufacturer, distributor, or importing distributor, | ||||||
15 | except as specifically permitted in this Act. For the purposes | ||||||
16 | of this Section, "social media" means a service, platform, or | ||||||
17 | site where users communicate with one another and share media, | ||||||
18 | such as pictures, videos, music, and blogs, with other users | ||||||
19 | free of charge. | ||||||
20 | No person engaged in the business of manufacturing, | ||||||
21 | importing or
distributing alcoholic liquors shall, directly or | ||||||
22 | indirectly, pay for,
or advance, furnish, or lend money for the | ||||||
23 | payment of any license for
another. Any licensee who shall | ||||||
24 | permit or assent, or be a party in any
way to any violation or | ||||||
25 | infringement of the provisions of this Section
shall be deemed | ||||||
26 | guilty of a violation of this Act, and any money loaned
|
| |||||||
| |||||||
1 | contrary to a provision of this Act shall not be recovered | ||||||
2 | back, or any
note, mortgage or other evidence of indebtedness, | ||||||
3 | or security, or any
lease or contract obtained or made contrary | ||||||
4 | to this Act shall be
unenforceable and void.
| ||||||
5 | This Section shall not apply to airplane licensees | ||||||
6 | exercising powers
provided in paragraph (i) of Section 5-1 of | ||||||
7 | this Act.
| ||||||
8 | (Source: P.A. 98-756, eff. 7-16-14.)
| ||||||
9 | (235 ILCS 5/6-11)
| ||||||
10 | Sec. 6-11. Sale near churches, schools, and hospitals.
| ||||||
11 | (a) No license shall be issued for the sale at retail of | ||||||
12 | any
alcoholic liquor within 100 feet of any church, school | ||||||
13 | other than an
institution of higher learning, hospital, home | ||||||
14 | for aged or indigent
persons or for veterans, their spouses or | ||||||
15 | children or any military or
naval station, provided, that this | ||||||
16 | prohibition shall not apply to hotels
offering restaurant | ||||||
17 | service, regularly organized clubs, or to
restaurants, food | ||||||
18 | shops or other places where sale of alcoholic liquors
is not | ||||||
19 | the principal business carried on if the place of business so
| ||||||
20 | exempted is not located in a municipality of more than 500,000 | ||||||
21 | persons,
unless required by local ordinance; nor to the renewal | ||||||
22 | of a license for the
sale at retail of alcoholic liquor on | ||||||
23 | premises within 100 feet of any church
or school where the | ||||||
24 | church or school has been established within such
100 feet | ||||||
25 | since the issuance of the original license. In the case of a
|
| |||||||
| |||||||
1 | church, the distance of 100 feet shall be measured to the | ||||||
2 | nearest part
of any building used for worship services or | ||||||
3 | educational programs and
not to property boundaries.
| ||||||
4 | (b) Nothing in this Section shall prohibit the issuance of | ||||||
5 | a retail
license
authorizing the sale of alcoholic liquor to a | ||||||
6 | restaurant, the primary business
of which is the sale of goods | ||||||
7 | baked on the premises if (i) the restaurant is
newly | ||||||
8 | constructed and located on a lot of not less than 10,000 square | ||||||
9 | feet,
(ii) the restaurant costs at least $1,000,000 to | ||||||
10 | construct, (iii) the licensee
is the titleholder to the | ||||||
11 | premises and resides on the premises, and (iv) the
construction | ||||||
12 | of the restaurant is completed within 18 months of the | ||||||
13 | effective
date of this amendatory Act of 1998.
| ||||||
14 | (c) Nothing in this Section shall prohibit the issuance of | ||||||
15 | a retail
license
authorizing the sale of alcoholic liquor | ||||||
16 | incidental to a restaurant if (1) the
primary
business of the | ||||||
17 | restaurant consists of the sale of food where the sale of
| ||||||
18 | liquor is incidental to the sale of food and the applicant is a | ||||||
19 | completely new
owner of the restaurant, (2) the immediately
| ||||||
20 | prior owner or operator of the premises where the restaurant is | ||||||
21 | located
operated the premises as a restaurant and held a valid | ||||||
22 | retail license
authorizing the
sale of alcoholic liquor at the | ||||||
23 | restaurant for at least part of the 24 months
before the
change | ||||||
24 | of ownership, and (3) the restaurant is located 75 or more feet | ||||||
25 | from a
school.
| ||||||
26 | (d) In the interest of further developing Illinois' economy |
| |||||||
| |||||||
1 | in the area
of
commerce, tourism, convention, and banquet | ||||||
2 | business, nothing in this
Section shall
prohibit issuance of a | ||||||
3 | retail license authorizing the sale of alcoholic
beverages to a | ||||||
4 | restaurant, banquet facility, grocery store, or hotel having
| ||||||
5 | not fewer than
150 guest room accommodations located in a | ||||||
6 | municipality of more than 500,000
persons, notwithstanding the | ||||||
7 | proximity of such hotel, restaurant,
banquet facility, or | ||||||
8 | grocery store to any church or school, if the licensed
premises
| ||||||
9 | described on the license are located within an enclosed mall or | ||||||
10 | building of a
height of at least 6 stories, or 60 feet in the | ||||||
11 | case of a building that has
been registered as a national | ||||||
12 | landmark, or in a grocery store having a
minimum of 56,010 | ||||||
13 | square feet of floor space in a single story building in an
| ||||||
14 | open mall of at least 3.96 acres that is adjacent to a public | ||||||
15 | school that
opened as a boys technical high school in 1934, or | ||||||
16 | in a grocery store having a minimum of 31,000 square feet of | ||||||
17 | floor space in a single story building located a distance of | ||||||
18 | more than 90 feet but less than 100 feet from a high school | ||||||
19 | that opened in 1928 as a junior high school and became a senior | ||||||
20 | high school in 1933, and in each of these
cases if the sale of
| ||||||
21 | alcoholic liquors is not the principal business carried on by | ||||||
22 | the licensee.
| ||||||
23 | For purposes of this Section, a "banquet facility" is any | ||||||
24 | part of a
building that caters to private parties and where the | ||||||
25 | sale of alcoholic liquors
is not the principal business.
| ||||||
26 | (e) Nothing in this Section shall prohibit the issuance of |
| |||||||
| |||||||
1 | a license to
a
church or private school to sell at retail | ||||||
2 | alcoholic liquor if any such
sales are limited to periods when | ||||||
3 | groups are assembled on the premises
solely for the promotion | ||||||
4 | of some common object other than the sale or
consumption of | ||||||
5 | alcoholic liquors.
| ||||||
6 | (f) Nothing in this Section shall prohibit a church or | ||||||
7 | church affiliated
school
located in a home rule municipality or | ||||||
8 | in a municipality with 75,000 or more
inhabitants from locating
| ||||||
9 | within 100 feet of a property for which there is a preexisting | ||||||
10 | license to sell
alcoholic liquor at retail. In these instances, | ||||||
11 | the local zoning authority
may, by ordinance adopted | ||||||
12 | simultaneously with the granting of an initial
special use | ||||||
13 | zoning permit for the church or church affiliated school, | ||||||
14 | provide
that the 100-foot restriction in this Section shall not | ||||||
15 | apply to that church or
church affiliated school and future | ||||||
16 | retail liquor licenses.
| ||||||
17 | (g) Nothing in this Section shall prohibit the issuance of | ||||||
18 | a retail
license authorizing the sale of alcoholic liquor at | ||||||
19 | premises within 100 feet,
but not less than 90 feet, of a | ||||||
20 | public school if (1) the premises have been
continuously | ||||||
21 | licensed to sell alcoholic liquor
for a period of at least 50 | ||||||
22 | years,
(2) the premises are located in a municipality having a | ||||||
23 | population of over
500,000 inhabitants, (3) the licensee is an | ||||||
24 | individual who is a member of a
family that has held the | ||||||
25 | previous 3 licenses for that location for more than 25
years, | ||||||
26 | (4) the
principal of the school and the alderman of the ward in |
| |||||||
| |||||||
1 | which the school is
located have delivered a written statement | ||||||
2 | to the local liquor control
commissioner stating that they do | ||||||
3 | not object to the issuance of a license
under this subsection | ||||||
4 | (g), and (5) the local liquor control commissioner has
received | ||||||
5 | the written consent of a majority of the registered voters who | ||||||
6 | live
within 200 feet of the premises.
| ||||||
7 | (h) Notwithstanding any provision of this Section to the | ||||||
8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
9 | or renewal of a license authorizing the sale of alcoholic | ||||||
10 | liquor within premises and at an outdoor patio area attached to | ||||||
11 | premises that are located in a municipality with a population | ||||||
12 | in excess of 300,000 inhabitants and that are within 100 feet | ||||||
13 | of a church if:
| ||||||
14 | (1) the sale of alcoholic liquor at the premises is | ||||||
15 | incidental to the sale of food,
| ||||||
16 | (2) the sale of liquor is not the principal business | ||||||
17 | carried on by the licensee at the premises, | ||||||
18 | (3) the premises are less than 1,000 square feet, | ||||||
19 | (4) the premises are owned by the University of | ||||||
20 | Illinois, | ||||||
21 | (5) the premises are immediately adjacent to property | ||||||
22 | owned by a church and are not less than 20 nor more than 40 | ||||||
23 | feet from the church space used for worship services, and | ||||||
24 | (6) the principal religious leader at the place of | ||||||
25 | worship has indicated his or her support for the issuance | ||||||
26 | of the license in writing.
|
| |||||||
| |||||||
1 | (i) Notwithstanding any provision in this Section to the | ||||||
2 | contrary, nothing in this Section shall prohibit the issuance | ||||||
3 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
4 | that is located within a municipality with a population in | ||||||
5 | excess of 300,000 inhabitants and is within 100 feet of a | ||||||
6 | church, synagogue, or other place of worship if: | ||||||
7 | (1) the primary entrance of the premises and the | ||||||
8 | primary entrance of the church, synagogue, or other place | ||||||
9 | of worship are at least 100 feet apart, on parallel | ||||||
10 | streets, and separated by an alley; and | ||||||
11 | (2) the principal religious leader at the place of | ||||||
12 | worship has not indicated his or her opposition to the | ||||||
13 | issuance or renewal of the license in writing. | ||||||
14 | (j) Notwithstanding any provision in this Section to the | ||||||
15 | contrary, nothing in this Section shall prohibit the issuance | ||||||
16 | of a retail
license authorizing the sale of alcoholic liquor at | ||||||
17 | a theater that is within 100 feet of a church if (1) the church | ||||||
18 | owns the theater, (2) the church leases the theater to one or | ||||||
19 | more entities, and
(3) the theater is used by at least 5 | ||||||
20 | different not-for-profit theater groups. | ||||||
21 | (k) Notwithstanding any provision in this Section to the | ||||||
22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
23 | or renewal of a license authorizing the sale of alcoholic | ||||||
24 | liquor at a premises that is located within a municipality with | ||||||
25 | a population in excess of 1,000,000 inhabitants and is within | ||||||
26 | 100 feet of a school if:
|
| |||||||
| |||||||
1 | (1) the primary entrance of the premises and the | ||||||
2 | primary entrance of the school are parallel, on different | ||||||
3 | streets, and separated by an alley; | ||||||
4 | (2) the southeast corner of the premises are at least | ||||||
5 | 350 feet from the southwest corner of the school; | ||||||
6 | (3) the school was built in 1978; | ||||||
7 | (4) the sale of alcoholic liquor at the premises is | ||||||
8 | incidental to the sale of food; | ||||||
9 | (5) the sale of alcoholic liquor is not the principal | ||||||
10 | business carried on by the licensee at the premises; | ||||||
11 | (6) the applicant is the owner of the restaurant and | ||||||
12 | has held a valid license authorizing the sale of alcoholic | ||||||
13 | liquor for the business to be conducted on the premises at | ||||||
14 | a different location for more than 7 years; and | ||||||
15 | (7) the premises is at least 2,300 square feet and sits | ||||||
16 | on a lot that is between 6,100 and 6,150 square feet. | ||||||
17 | (l) Notwithstanding any provision in this Section to the | ||||||
18 | contrary, nothing in this Section shall prohibit the issuance | ||||||
19 | or renewal of a license authorizing the sale of alcoholic | ||||||
20 | liquor at a premises that is located within a municipality with | ||||||
21 | a population in excess of 1,000,000 inhabitants and is within | ||||||
22 | 100 feet of a church or school if: | ||||||
23 | (1) the primary entrance of the premises and the | ||||||
24 | closest entrance of the church or school is at least 90 | ||||||
25 | feet apart and no greater than 95 feet apart; | ||||||
26 | (2) the shortest distance between the premises and the |
| |||||||
| |||||||
1 | church or school is at least 80 feet apart and no greater | ||||||
2 | than 85 feet apart; | ||||||
3 | (3) the applicant is the owner of the restaurant and on | ||||||
4 | November 15, 2006 held a valid license authorizing the sale | ||||||
5 | of alcoholic liquor for the business to be conducted on the | ||||||
6 | premises for at least 14 different locations; | ||||||
7 | (4) the sale of alcoholic liquor at the premises is | ||||||
8 | incidental to the sale of food; | ||||||
9 | (5) the sale of alcoholic liquor is not the principal | ||||||
10 | business carried on by the licensee at the premises; | ||||||
11 | (6) the premises is at least 3,200 square feet and sits | ||||||
12 | on a lot that is between 7,150 and 7,200 square feet; and | ||||||
13 | (7) the principal religious leader at the place of | ||||||
14 | worship has not indicated his or her opposition to the | ||||||
15 | issuance or renewal of the license in writing.
| ||||||
16 | (m) Notwithstanding any provision in this Section to the | ||||||
17 | contrary, nothing in this Section shall prohibit the issuance | ||||||
18 | or renewal of a license authorizing the sale of alcoholic | ||||||
19 | liquor at a premises that is located within a municipality with | ||||||
20 | a population in excess of 1,000,000 inhabitants and is within | ||||||
21 | 100 feet of a church if: | ||||||
22 | (1) the premises and the church are perpendicular, and | ||||||
23 | the primary entrance of the premises faces South while the | ||||||
24 | primary entrance of the church faces West and the distance | ||||||
25 | between the two entrances is more than 100 feet; | ||||||
26 | (2) the shortest distance between the premises lot line |
| |||||||
| |||||||
1 | and the exterior wall of the church is at least 80 feet; | ||||||
2 | (3) the church was established at the current location | ||||||
3 | in 1916 and the present structure was erected in 1925; | ||||||
4 | (4) the premises is a single story, single use building | ||||||
5 | with at least 1,750 square feet and no more than 2,000 | ||||||
6 | square feet; | ||||||
7 | (5) the sale of alcoholic liquor at the premises is | ||||||
8 | incidental to the sale of food; | ||||||
9 | (6) the sale of alcoholic liquor is not the principal | ||||||
10 | business carried on by the licensee at the premises; and | ||||||
11 | (7) the principal religious leader at the place of | ||||||
12 | worship has not indicated his or her opposition to the | ||||||
13 | issuance or renewal of the license in writing. | ||||||
14 | (n) Notwithstanding any provision in this Section to the | ||||||
15 | contrary, nothing in this Section shall prohibit the issuance | ||||||
16 | or renewal of a license authorizing the sale of alcoholic | ||||||
17 | liquor at a premises that is located within a municipality with | ||||||
18 | a population in excess of 1,000,000 inhabitants and is within | ||||||
19 | 100 feet of a school if: | ||||||
20 | (1) the school is a City of Chicago School District 299 | ||||||
21 | school; | ||||||
22 | (2) the school is located within subarea E of City of | ||||||
23 | Chicago Residential Business Planned Development Number | ||||||
24 | 70; | ||||||
25 | (3) the sale of alcoholic liquor is not the principal | ||||||
26 | business carried on by the licensee on the premises; |
| |||||||
| |||||||
1 | (4) the sale of alcoholic liquor at the premises is | ||||||
2 | incidental to the sale of food; and | ||||||
3 | (5) the administration of City of Chicago School | ||||||
4 | District 299 has expressed, in writing, its support for the | ||||||
5 | issuance of the license. | ||||||
6 | (o) Notwithstanding any provision of this Section to the | ||||||
7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
8 | or renewal of a retail license authorizing the sale of | ||||||
9 | alcoholic liquor at a premises that is located within a | ||||||
10 | municipality in excess of 1,000,000 inhabitants and within 100 | ||||||
11 | feet of a church if: | ||||||
12 | (1) the sale of alcoholic liquor at the premises is | ||||||
13 | incidental to the sale of food; | ||||||
14 | (2) the sale of alcoholic liquor is not the principal | ||||||
15 | business carried on by the licensee at the premises; | ||||||
16 | (3) the premises is located on a street that runs | ||||||
17 | perpendicular to the street on which the church is located; | ||||||
18 | (4) the primary entrance of the premises is at least | ||||||
19 | 100 feet from the primary entrance of the church; | ||||||
20 | (5) the shortest distance between any part of the | ||||||
21 | premises and any part of the church is at least 60 feet; | ||||||
22 | (6) the premises is between 3,600 and 4,000 square feet | ||||||
23 | and sits on a lot that is between 3,600 and 4,000 square | ||||||
24 | feet; and | ||||||
25 | (7) the premises was built in the year 1909. | ||||||
26 | For purposes of this subsection (o), "premises" means a |
| |||||||
| |||||||
1 | place of business together with a privately owned outdoor | ||||||
2 | location that is adjacent to the place of business. | ||||||
3 | (p) Notwithstanding any provision in this Section to the | ||||||
4 | contrary, nothing in this Section shall prohibit the issuance | ||||||
5 | or renewal of a license authorizing the sale of alcoholic | ||||||
6 | liquor at a premises that is located within a municipality with | ||||||
7 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
8 | feet of a church if: | ||||||
9 | (1) the shortest distance between the backdoor of the | ||||||
10 | premises, which is used as an emergency exit, and the | ||||||
11 | church is at least 80 feet; | ||||||
12 | (2) the church was established at the current location | ||||||
13 | in 1889; and | ||||||
14 | (3) liquor has been sold on the premises since at least | ||||||
15 | 1985. | ||||||
16 | (q) Notwithstanding any provision of this Section to the | ||||||
17 | contrary, nothing in this Section shall prohibit the issuance | ||||||
18 | or renewal of a license authorizing the sale of alcoholic | ||||||
19 | liquor within a premises that is located in a municipality with | ||||||
20 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
21 | feet of a church-owned property if: | ||||||
22 | (1) the premises is located within a larger building | ||||||
23 | operated as a grocery store; | ||||||
24 | (2) the area of the premises does not exceed 720 square | ||||||
25 | feet and the area of the larger building exceeds 18,000 | ||||||
26 | square feet; |
| |||||||
| |||||||
1 | (3) the larger building containing the premises is | ||||||
2 | within 100 feet of the nearest property line of a | ||||||
3 | church-owned property on which a church-affiliated school | ||||||
4 | is located; | ||||||
5 | (4) the sale of liquor is not the principal business | ||||||
6 | carried on within the larger building; | ||||||
7 | (5) the primary entrance of the larger building and the | ||||||
8 | premises and the primary entrance of the church-affiliated | ||||||
9 | school are on different, parallel streets, and the distance | ||||||
10 | between the 2 primary entrances is more than 100 feet; | ||||||
11 | (6) the larger building is separated from the | ||||||
12 | church-owned property and church-affiliated school by an | ||||||
13 | alley; | ||||||
14 | (7) the larger building containing the premises and the | ||||||
15 | church building front are on perpendicular streets and are | ||||||
16 | separated by a street; and | ||||||
17 | (8) (Blank). | ||||||
18 | (r) Notwithstanding any provision of this Section to the | ||||||
19 | contrary, nothing in this Section shall prohibit the issuance, | ||||||
20 | renewal, or maintenance of a license authorizing the sale of | ||||||
21 | alcoholic liquor incidental to the sale of food within a | ||||||
22 | restaurant established in a premises that is located in a | ||||||
23 | municipality with a population in excess of 1,000,000 | ||||||
24 | inhabitants and within 100 feet of a church if: | ||||||
25 | (1) the primary entrance of the church and the primary | ||||||
26 | entrance of the restaurant are at least 100 feet apart; |
| |||||||
| |||||||
1 | (2) the restaurant has operated on the ground floor and | ||||||
2 | lower level of a multi-story, multi-use building for more | ||||||
3 | than 40 years; | ||||||
4 | (3) the primary business of the restaurant consists of | ||||||
5 | the sale of food where the sale of liquor is incidental to | ||||||
6 | the sale of food; | ||||||
7 | (4) the sale of alcoholic liquor is conducted primarily | ||||||
8 | in the below-grade level of the restaurant to which the | ||||||
9 | only public access is by a staircase located inside the | ||||||
10 | restaurant; and | ||||||
11 | (5) the restaurant has held a license authorizing the | ||||||
12 | sale of alcoholic liquor on the premises for more than 40 | ||||||
13 | years. | ||||||
14 | (s) Notwithstanding any provision of this Section to the | ||||||
15 | contrary, nothing in this Section shall prohibit renewal of a | ||||||
16 | license authorizing the sale of alcoholic liquor at a premises | ||||||
17 | that is located within a municipality with a population more | ||||||
18 | than 5,000 and less than 10,000 and is within 100 feet of a | ||||||
19 | church if: | ||||||
20 | (1) the church was established at the location within | ||||||
21 | 100 feet of the premises after a license for the sale of | ||||||
22 | alcoholic liquor at the premises was first issued; | ||||||
23 | (2) a license for sale of alcoholic liquor at the | ||||||
24 | premises was first issued before January 1, 2007; and | ||||||
25 | (3) a license for the sale of alcoholic liquor on the | ||||||
26 | premises has been continuously in effect since January 1, |
| |||||||
| |||||||
1 | 2007, except for interruptions between licenses of no more | ||||||
2 | than 90 days. | ||||||
3 | (t) Notwithstanding any provision of this Section to the | ||||||
4 | contrary, nothing in this Section shall prohibit the issuance | ||||||
5 | or renewal of a
license authorizing the sale of alcoholic | ||||||
6 | liquor
incidental to the sale of food within a restaurant that | ||||||
7 | is established in a premises that is located in a municipality | ||||||
8 | with a population in excess of 1,000,000 inhabitants and within | ||||||
9 | 100 feet of a school and a church if: | ||||||
10 | (1) the restaurant is located inside a five-story | ||||||
11 | building with over 16,800 square feet of commercial space; | ||||||
12 | (2) the area of the premises does not exceed 31,050 | ||||||
13 | square feet; | ||||||
14 | (3) the area of the restaurant does not exceed 5,800 | ||||||
15 | square feet; | ||||||
16 | (4) the building has no less than 78 condominium units; | ||||||
17 | (5) the construction of the building in which the | ||||||
18 | restaurant is located was completed in 2006; | ||||||
19 | (6) the building has 10 storefront properties, 3 of | ||||||
20 | which are used for the restaurant; | ||||||
21 | (7) the restaurant will open for business in 2010; | ||||||
22 | (8) the building is north of the school and separated | ||||||
23 | by an alley; and | ||||||
24 | (9) the principal religious leader of the church and | ||||||
25 | either the alderman of the ward in which the school is | ||||||
26 | located or the principal of the school have delivered a |
| |||||||
| |||||||
1 | written statement to the local liquor control commissioner | ||||||
2 | stating that he or she does not object to the issuance of a | ||||||
3 | license under this subsection (t). | ||||||
4 | (u) Notwithstanding any provision in this Section to the | ||||||
5 | contrary, nothing in this Section shall prohibit the issuance | ||||||
6 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
7 | that is located within a municipality with a population in | ||||||
8 | excess of 1,000,000 inhabitants and within 100 feet of a school | ||||||
9 | if: | ||||||
10 | (1) the premises operates as a restaurant and has been | ||||||
11 | in operation since February 2008; | ||||||
12 | (2) the applicant is the owner of the premises; | ||||||
13 | (3) the sale of alcoholic liquor is incidental to the | ||||||
14 | sale of food; | ||||||
15 | (4) the sale of alcoholic liquor is not the principal | ||||||
16 | business carried on by the licensee on the premises; | ||||||
17 | (5) the premises occupy the first floor of a 3-story | ||||||
18 | building that is at least 90 years old; | ||||||
19 | (6) the rear lot of the school and the rear corner of | ||||||
20 | the building that the premises occupy are separated by an | ||||||
21 | alley; | ||||||
22 | (7) the distance from the southwest corner of the | ||||||
23 | property line of the school and the northeast corner of the | ||||||
24 | building that the premises occupy is at least 16 feet, 5 | ||||||
25 | inches; | ||||||
26 | (8) the distance from the rear door of the premises to |
| |||||||
| |||||||
1 | the southwest corner of the property line of the school is | ||||||
2 | at least 93 feet; | ||||||
3 | (9) the school is a City of Chicago School District 299 | ||||||
4 | school; | ||||||
5 | (10) the school's main structure was erected in 1902 | ||||||
6 | and an addition was built to the main structure in 1959; | ||||||
7 | and | ||||||
8 | (11) the principal of the school and the alderman in | ||||||
9 | whose district the premises are located have expressed, in | ||||||
10 | writing, their support for the issuance of the license. | ||||||
11 | (v) Notwithstanding any provision in this Section to the | ||||||
12 | contrary, nothing in this Section shall prohibit the issuance | ||||||
13 | or renewal of a license authorizing the sale of alcoholic | ||||||
14 | liquor at a premises that is located within a municipality with | ||||||
15 | a population in excess of 1,000,000 inhabitants and is within | ||||||
16 | 100 feet of a school if: | ||||||
17 | (1) the total land area of the premises for which the | ||||||
18 | license or renewal is sought is more than 600,000 square | ||||||
19 | feet; | ||||||
20 | (2) the premises for which the license or renewal is | ||||||
21 | sought has more than 600 parking stalls; | ||||||
22 | (3) the total area of all buildings on the premises for | ||||||
23 | which the license or renewal is sought exceeds 140,000 | ||||||
24 | square feet; | ||||||
25 | (4) the property line of the premises for which the | ||||||
26 | license or renewal is sought is separated from the property |
| |||||||
| |||||||
1 | line of the school by a street; | ||||||
2 | (5) the distance from the school's property line to the | ||||||
3 | property line of the premises for which the license or | ||||||
4 | renewal is sought is at least 60 feet; | ||||||
5 | (6) as of the effective date of this amendatory Act of | ||||||
6 | the 97th General Assembly, the premises for which the | ||||||
7 | license or renewal is sought is located in the Illinois | ||||||
8 | Medical District. | ||||||
9 | (w) Notwithstanding any provision in this Section to the | ||||||
10 | contrary, nothing in this Section shall prohibit the issuance | ||||||
11 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
12 | that is located within a municipality with a population in | ||||||
13 | excess of 1,000,000 inhabitants and within 100 feet of a church | ||||||
14 | if: | ||||||
15 | (1) the sale of alcoholic liquor at the premises is | ||||||
16 | incidental to the sale of food; | ||||||
17 | (2) the sale of alcoholic liquor is not the principal
| ||||||
18 | business carried on by the licensee at the premises; | ||||||
19 | (3) the premises occupy the first floor and basement of | ||||||
20 | a 2-story building that is 106 years old; | ||||||
21 | (4) the premises is at least 7,000 square feet and | ||||||
22 | located on a lot that is at least 11,000 square feet; | ||||||
23 | (5) the premises is located directly west of the | ||||||
24 | church, on perpendicular streets, and separated by an | ||||||
25 | alley; | ||||||
26 | (6) the distance between the
property line of the |
| |||||||
| |||||||
1 | premises and the property line of the church is at least 20 | ||||||
2 | feet; | ||||||
3 | (7) the distance between the primary entrance of the | ||||||
4 | premises and the primary entrance of the church is at least | ||||||
5 | 130 feet; and | ||||||
6 | (8) the church has been at its location for at least 40 | ||||||
7 | years. | ||||||
8 | (x) Notwithstanding any provision of this Section to the | ||||||
9 | contrary, nothing in this Section shall prohibit the issuance | ||||||
10 | or renewal of a license authorizing the sale of alcoholic | ||||||
11 | liquor at a premises that is located within a municipality with | ||||||
12 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
13 | feet of a church if: | ||||||
14 | (1) the sale of alcoholic liquor is not the principal | ||||||
15 | business carried on by the licensee at the premises; | ||||||
16 | (2) the church has been operating in its current | ||||||
17 | location since 1973; | ||||||
18 | (3) the premises has been operating in its current | ||||||
19 | location since 1988; | ||||||
20 | (4) the church and the premises are owned by the same | ||||||
21 | parish; | ||||||
22 | (5) the premises is used for cultural and educational | ||||||
23 | purposes; | ||||||
24 | (6) the primary entrance to the premises and the | ||||||
25 | primary entrance to the church are located on the same | ||||||
26 | street; |
| |||||||
| |||||||
1 | (7) the principal religious leader of the church has | ||||||
2 | indicated his support of the issuance of the license; | ||||||
3 | (8) the premises is a 2-story building of approximately | ||||||
4 | 23,000 square feet; and | ||||||
5 | (9) the premises houses a ballroom on its ground floor | ||||||
6 | of approximately 5,000 square feet. | ||||||
7 | (y) Notwithstanding any provision of this Section to the | ||||||
8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
9 | or renewal of a license authorizing the sale of alcoholic | ||||||
10 | liquor at a premises that is located within a municipality with | ||||||
11 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
12 | feet of a school if: | ||||||
13 | (1) the sale of alcoholic liquor is not the principal | ||||||
14 | business carried on by the licensee at the premises; | ||||||
15 | (2) the sale of alcoholic liquor at the premises is | ||||||
16 | incidental to the sale of food; | ||||||
17 | (3) according to the municipality, the distance | ||||||
18 | between the east property line of the premises and the west | ||||||
19 | property line of the school is 97.8 feet; | ||||||
20 | (4) the school is a City of Chicago School District 299 | ||||||
21 | school; | ||||||
22 | (5) the school has been operating since 1959; | ||||||
23 | (6) the primary entrance to the premises and the | ||||||
24 | primary entrance to the school are located on the same | ||||||
25 | street; | ||||||
26 | (7) the street on which the entrances of the premises |
| |||||||
| |||||||
1 | and the school are located is a major diagonal | ||||||
2 | thoroughfare; | ||||||
3 | (8) the premises is a single-story building of | ||||||
4 | approximately 2,900 square feet; and | ||||||
5 | (9) the premises is used for commercial purposes only. | ||||||
6 | (z) Notwithstanding any provision of this Section to the | ||||||
7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
8 | or renewal of a license authorizing the sale of alcoholic | ||||||
9 | liquor at a premises that is located within a municipality with | ||||||
10 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
11 | feet of a mosque if: | ||||||
12 | (1) the sale of alcoholic liquor is not the principal | ||||||
13 | business carried on by the licensee at the premises; | ||||||
14 | (2) the licensee shall only sell packaged liquors at | ||||||
15 | the premises; | ||||||
16 | (3) the licensee is a national retail chain having over | ||||||
17 | 100 locations within the municipality; | ||||||
18 | (4) the licensee has over 8,000 locations nationwide; | ||||||
19 | (5) the licensee has locations in all 50 states; | ||||||
20 | (6) the premises is located in the North-East quadrant | ||||||
21 | of the municipality; | ||||||
22 | (7) the premises is a free-standing building that has | ||||||
23 | "drive-through" pharmacy service; | ||||||
24 | (8) the premises has approximately 14,490 square feet | ||||||
25 | of retail space; | ||||||
26 | (9) the premises has approximately 799 square feet of |
| |||||||
| |||||||
1 | pharmacy space; | ||||||
2 | (10) the premises is located on a major arterial street | ||||||
3 | that runs east-west and accepts truck traffic; and | ||||||
4 | (11) the alderman of the ward in which the premises is | ||||||
5 | located has expressed, in writing, his or her support for | ||||||
6 | the issuance of the license. | ||||||
7 | (aa) Notwithstanding any provision of this Section to the | ||||||
8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
9 | or renewal of a license authorizing the sale of alcoholic | ||||||
10 | liquor at a premises that is located within a municipality with | ||||||
11 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
12 | feet of a church if: | ||||||
13 | (1) the sale of alcoholic liquor is not the principal | ||||||
14 | business carried on by the licensee at the premises; | ||||||
15 | (2) the licensee shall only sell packaged liquors at | ||||||
16 | the premises; | ||||||
17 | (3) the licensee is a national retail chain having over | ||||||
18 | 100 locations within the municipality; | ||||||
19 | (4) the licensee has over 8,000 locations nationwide; | ||||||
20 | (5) the licensee has locations in all 50 states; | ||||||
21 | (6) the premises is located in the North-East quadrant | ||||||
22 | of the municipality; | ||||||
23 | (7) the premises is located across the street from a | ||||||
24 | national grocery chain outlet; | ||||||
25 | (8) the premises has approximately 16,148 square feet | ||||||
26 | of retail space; |
| |||||||
| |||||||
1 | (9) the premises has approximately 992 square feet of | ||||||
2 | pharmacy space; | ||||||
3 | (10) the premises is located on a major arterial street | ||||||
4 | that runs north-south and accepts truck traffic; and | ||||||
5 | (11) the alderman of the ward in which the premises is | ||||||
6 | located has expressed, in writing, his or her support for | ||||||
7 | the issuance of the license. | ||||||
8 | (bb) Notwithstanding any provision of this Section to the | ||||||
9 | contrary, nothing in this Section shall prohibit the issuance | ||||||
10 | or renewal of a license authorizing the sale of alcoholic | ||||||
11 | liquor at a premises that is located within a municipality with | ||||||
12 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
13 | feet of a church if: | ||||||
14 | (1) the sale of alcoholic liquor is not the principal | ||||||
15 | business carried on by the licensee at the premises; | ||||||
16 | (2) the sale of alcoholic liquor at the premises is | ||||||
17 | incidental to the sale of food; | ||||||
18 | (3) the primary entrance to the premises and the | ||||||
19 | primary entrance to the church are located on the same | ||||||
20 | street; | ||||||
21 | (4) the premises is across the street from the church; | ||||||
22 | (5) the street on which the premises and the church are | ||||||
23 | located is a major arterial street that runs east-west; | ||||||
24 | (6) the church is an elder-led and Bible-based Assyrian | ||||||
25 | church; | ||||||
26 | (7) the premises and the church are both single-story |
| |||||||
| |||||||
1 | buildings; | ||||||
2 | (8) the storefront directly west of the church is being | ||||||
3 | used as a restaurant; and | ||||||
4 | (9) the distance between the northern-most property | ||||||
5 | line of the premises and the southern-most property line of | ||||||
6 | the church is 65 feet. | ||||||
7 | (cc) Notwithstanding any provision of this Section to the | ||||||
8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
9 | or renewal of a license authorizing the sale of alcoholic | ||||||
10 | liquor at a premises that is located within a municipality with | ||||||
11 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
12 | feet of a school if: | ||||||
13 | (1) the sale of alcoholic liquor is not the principal | ||||||
14 | business carried on by the licensee at the premises; | ||||||
15 | (2) the licensee shall only sell packaged liquors at | ||||||
16 | the premises; | ||||||
17 | (3) the licensee is a national retail chain; | ||||||
18 | (4) as of October 25, 2011, the licensee has 1,767 | ||||||
19 | stores operating nationwide, 87 stores operating in the | ||||||
20 | State, and 10 stores operating within the municipality; | ||||||
21 | (5) the licensee shall occupy approximately 124,000 | ||||||
22 | square feet of space in the basement and first and second | ||||||
23 | floors of a building located across the street from a | ||||||
24 | school; | ||||||
25 | (6) the school opened in August of 2009 and occupies | ||||||
26 | approximately 67,000 square feet of space; and |
| |||||||
| |||||||
1 | (7) the building in which the premises shall be located | ||||||
2 | has been listed on the National Register of Historic Places | ||||||
3 | since April 17, 1970. | ||||||
4 | (dd) Notwithstanding any provision in this Section to the | ||||||
5 | contrary, nothing in this Section shall prohibit the issuance | ||||||
6 | or renewal of a license authorizing the sale of alcoholic | ||||||
7 | liquor within a full-service grocery store at a premises that | ||||||
8 | is located within a municipality with a population in excess of | ||||||
9 | 1,000,000 inhabitants and is within 100 feet of a school if: | ||||||
10 | (1) the premises is constructed on land that was | ||||||
11 | purchased from the municipality at a fair market price; | ||||||
12 | (2) the premises is constructed on land that was | ||||||
13 | previously used as a parking facility for public safety | ||||||
14 | employees; | ||||||
15 | (3) the sale of alcoholic liquor is not the principal | ||||||
16 | business carried on by the licensee at the premises; | ||||||
17 | (4) the main entrance to the store is more than 100 | ||||||
18 | feet from the main entrance to the school; | ||||||
19 | (5) the premises is to be new construction; | ||||||
20 | (6) the school is a private school; | ||||||
21 | (7) the principal of the school has given written | ||||||
22 | approval for the license; | ||||||
23 | (8) the alderman of the ward where the premises is | ||||||
24 | located has given written approval of the issuance of the | ||||||
25 | license; | ||||||
26 | (9) the grocery store level of the premises is between |
| |||||||
| |||||||
1 | 60,000 and 70,000 square feet; and | ||||||
2 | (10) the owner and operator of the grocery store | ||||||
3 | operates 2 other grocery stores that have alcoholic liquor | ||||||
4 | licenses within the same municipality. | ||||||
5 | (ee) Notwithstanding any provision in this Section to the | ||||||
6 | contrary, nothing in this Section shall prohibit the issuance | ||||||
7 | or renewal of a license authorizing the sale of alcoholic | ||||||
8 | liquor within a full-service grocery store at a premises that | ||||||
9 | is located within a municipality with a population in excess of | ||||||
10 | 1,000,000 inhabitants and is within 100 feet of a school if: | ||||||
11 | (1) the premises is constructed on land that once | ||||||
12 | contained an industrial steel facility; | ||||||
13 | (2) the premises is located on land that has undergone | ||||||
14 | environmental remediation; | ||||||
15 | (3) the premises is located within a retail complex | ||||||
16 | containing retail stores where some of the stores sell | ||||||
17 | alcoholic beverages; | ||||||
18 | (4) the principal activity of any restaurant in the | ||||||
19 | retail complex is the sale of food, and the sale of | ||||||
20 | alcoholic liquor is incidental to the sale of food; | ||||||
21 | (5) the sale of alcoholic liquor is not the principal | ||||||
22 | business carried on by the grocery store; | ||||||
23 | (6) the entrance to any business that sells alcoholic | ||||||
24 | liquor is more than 100 feet from the entrance to the | ||||||
25 | school; | ||||||
26 | (7) the alderman of the ward where the premises is |
| |||||||
| |||||||
1 | located has given written approval of the issuance of the | ||||||
2 | license; and | ||||||
3 | (8) the principal of the school has given written | ||||||
4 | consent to the issuance of the license. | ||||||
5 | (ff) Notwithstanding any provision of this Section to the | ||||||
6 | contrary, nothing in this Section shall prohibit the issuance | ||||||
7 | or renewal of a license authorizing the sale of alcoholic | ||||||
8 | liquor at a premises that is located within a municipality with | ||||||
9 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
10 | feet of a school if: | ||||||
11 | (1) the sale of alcoholic liquor is not the principal | ||||||
12 | business carried on at the premises; | ||||||
13 | (2) the sale of alcoholic liquor at the premises is | ||||||
14 | incidental to the operation of a theater; | ||||||
15 | (3) the premises is a one and one-half-story building | ||||||
16 | of approximately 10,000 square feet; | ||||||
17 | (4) the school is a City of Chicago School District 299 | ||||||
18 | school; | ||||||
19 | (5) the primary entrance of the premises and the | ||||||
20 | primary entrance of the school are at least 300 feet apart | ||||||
21 | and no more than 400 feet apart; | ||||||
22 | (6) the alderman of the ward in which the premises is | ||||||
23 | located has expressed, in writing, his support for the | ||||||
24 | issuance of the license; and | ||||||
25 | (7) the principal of the school has expressed, in | ||||||
26 | writing, that there is no objection to the issuance of a |
| |||||||
| |||||||
1 | license under this subsection (ff). | ||||||
2 | (gg) Notwithstanding any provision of this Section to the | ||||||
3 | contrary, nothing in this Section shall prohibit the issuance | ||||||
4 | or renewal of a license authorizing the sale of alcoholic | ||||||
5 | liquor incidental to the sale of food within a restaurant or | ||||||
6 | banquet facility established in a premises that is located in a | ||||||
7 | municipality with a population in excess of 1,000,000 | ||||||
8 | inhabitants and within 100 feet of a church if: | ||||||
9 | (1) the sale of alcoholic liquor is not the principal | ||||||
10 | business carried on by the licensee at the premises; | ||||||
11 | (2) the property on which the church is located and the | ||||||
12 | property on which the premises are located are both within | ||||||
13 | a district originally listed on the National Register of | ||||||
14 | Historic Places on February 14, 1979; | ||||||
15 | (3) the property on which the premises are located | ||||||
16 | contains one or more multi-story buildings that are at | ||||||
17 | least 95 years old and have no more than three stories; | ||||||
18 | (4) the building in which the church is located is at | ||||||
19 | least 120 years old; | ||||||
20 | (5) the property on which the church is located is | ||||||
21 | immediately adjacent to and west of the property on which | ||||||
22 | the premises are located; | ||||||
23 | (6) the western boundary of the property on which the | ||||||
24 | premises are located is no less than 118 feet in length and | ||||||
25 | no more than 122 feet in length; | ||||||
26 | (7) as of December 31, 2012, both the church property |
| |||||||
| |||||||
1 | and the property on which the premises are located are | ||||||
2 | within 250 feet of City of Chicago Business-Residential | ||||||
3 | Planned Development Number 38; | ||||||
4 | (8) the principal religious leader at the place of | ||||||
5 | worship has indicated his or her support for the issuance | ||||||
6 | of the license in writing; and | ||||||
7 | (9) the alderman in whose district the premises are | ||||||
8 | located has expressed his or her support for the issuance | ||||||
9 | of the license in writing. | ||||||
10 | For the purposes of this subsection, "banquet facility" | ||||||
11 | means the part of the building that is located on the floor | ||||||
12 | above a restaurant and caters to private parties and where the | ||||||
13 | sale of alcoholic liquors is not the principal business. | ||||||
14 | (hh) Notwithstanding any provision of this Section to the | ||||||
15 | contrary, nothing in this Section shall prohibit the issuance | ||||||
16 | or renewal of a license authorizing the sale of alcoholic | ||||||
17 | liquor within a hotel and at an outdoor patio area attached to | ||||||
18 | the hotel that are located in a municipality with a population | ||||||
19 | in excess of 1,000,000 inhabitants and that are within 100 feet | ||||||
20 | of a hospital if: | ||||||
21 | (1) the sale of alcoholic liquor is not the principal | ||||||
22 | business carried on by the licensee at the hotel; | ||||||
23 | (2) the hotel is located within the City of Chicago | ||||||
24 | Business Planned Development Number 468; and | ||||||
25 | (3) the hospital is located within the City of Chicago | ||||||
26 | Institutional Planned Development Number 3. |
| |||||||
| |||||||
1 | (ii) Notwithstanding any provision of this Section to the | ||||||
2 | contrary, nothing in this Section shall prohibit the issuance | ||||||
3 | or renewal of a license authorizing the sale of alcoholic | ||||||
4 | liquor within a restaurant and at an outdoor patio area | ||||||
5 | attached to the restaurant that are located in a municipality | ||||||
6 | with a population in excess of 1,000,000 inhabitants and that | ||||||
7 | are within 100 feet of a church if: | ||||||
8 | (1) the sale of alcoholic liquor at the premises is not | ||||||
9 | the principal business carried on by the licensee and is | ||||||
10 | incidental to the sale of food; | ||||||
11 | (2) the restaurant has been operated on the street | ||||||
12 | level of a 2-story building located on a corner lot since | ||||||
13 | 2008; | ||||||
14 | (3) the restaurant is between 3,700 and 4,000 square | ||||||
15 | feet and sits on a lot that is no more than 6,200 square | ||||||
16 | feet; | ||||||
17 | (4) the primary entrance to the restaurant and the | ||||||
18 | primary entrance to the church are located on the same | ||||||
19 | street; | ||||||
20 | (5) the street on which the restaurant and the church | ||||||
21 | are located is a major east-west street; | ||||||
22 | (6) the restaurant and the church are separated by a | ||||||
23 | one-way northbound street; | ||||||
24 | (7) the church is located to the west of and no more | ||||||
25 | than 65 feet from the restaurant; and | ||||||
26 | (8) the principal religious leader at the place of |
| |||||||
| |||||||
1 | worship has indicated his or her consent to the issuance of | ||||||
2 | the license in writing. | ||||||
3 | (jj) Notwithstanding any provision of this Section to the | ||||||
4 | contrary, nothing in this Section shall prohibit the issuance | ||||||
5 | or renewal of a license authorizing the sale of alcoholic | ||||||
6 | liquor at premises located within a municipality with a | ||||||
7 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
8 | feet of a church if: | ||||||
9 | (1) the sale of alcoholic liquor is not the principal | ||||||
10 | business carried on by the licensee at the premises; | ||||||
11 | (2) the sale of alcoholic liquor is incidental to the | ||||||
12 | sale of food; | ||||||
13 | (3) the premises are located east of the church, on | ||||||
14 | perpendicular streets, and separated by an alley; | ||||||
15 | (4) the distance between the primary entrance of the | ||||||
16 | premises and the primary entrance of the church is at least | ||||||
17 | 175 feet; | ||||||
18 | (5) the distance between the property line of the | ||||||
19 | premises and the property line of the church is at least 40 | ||||||
20 | feet; | ||||||
21 | (6) the licensee has been operating at the premises | ||||||
22 | since 2012; | ||||||
23 | (7) the church was constructed in 1904; | ||||||
24 | (8) the alderman of the ward in which the premises is | ||||||
25 | located has expressed, in writing, his or her support for | ||||||
26 | the issuance of the license; and |
| |||||||
| |||||||
1 | (9) the principal religious leader of the church has | ||||||
2 | delivered a written statement that he or she does not | ||||||
3 | object to the issuance of a license under this subsection | ||||||
4 | (jj). | ||||||
5 | (kk) Notwithstanding any provision of this Section to the | ||||||
6 | contrary, nothing in this Section shall prohibit the issuance | ||||||
7 | or renewal of a license authorizing the sale of alcoholic | ||||||
8 | liquor at a premises that is located within a municipality with | ||||||
9 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
10 | feet of a school if: | ||||||
11 | (1) the sale of alcoholic liquor is not the principal | ||||||
12 | business carried on by the licensee at the premises; | ||||||
13 | (2) the licensee shall only sell packaged liquors on | ||||||
14 | the premises; | ||||||
15 | (3) the licensee is a national retail chain; | ||||||
16 | (4) as of February 27, 2013, the licensee had 1,778 | ||||||
17 | stores operating nationwide, 89 operating in this State, | ||||||
18 | and 11 stores operating within the municipality; | ||||||
19 | (5) the licensee shall occupy approximately 169,048 | ||||||
20 | square feet of space within a building that is located | ||||||
21 | across the street from a tuition-based preschool; and | ||||||
22 | (6) the alderman of the ward in which the premises is | ||||||
23 | located has expressed, in writing, his or her support for | ||||||
24 | the issuance of the license. | ||||||
25 | (ll) Notwithstanding any provision of this Section to the | ||||||
26 | contrary, nothing in this Section shall prohibit the issuance |
| |||||||
| |||||||
1 | or renewal of a license authorizing the sale of alcoholic | ||||||
2 | liquor at a premises that is located within a municipality with | ||||||
3 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
4 | feet of a school if: | ||||||
5 | (1) the sale of alcoholic liquor is not the principal | ||||||
6 | business carried on by the licensee at the premises; | ||||||
7 | (2) the licensee shall only sell packaged liquors on | ||||||
8 | the premises; | ||||||
9 | (3) the licensee is a national retail chain; | ||||||
10 | (4) as of February 27, 2013, the licensee had 1,778 | ||||||
11 | stores operating nationwide, 89 operating in this State, | ||||||
12 | and 11 stores operating within the municipality; | ||||||
13 | (5) the licensee shall occupy approximately 191,535 | ||||||
14 | square feet of space within a building that is located | ||||||
15 | across the street from an elementary school; and | ||||||
16 | (6) the alderman of the ward in which the premises is | ||||||
17 | located has expressed, in writing, his or her support for | ||||||
18 | the issuance of the license. | ||||||
19 | (mm) Notwithstanding any provision of this Section to the | ||||||
20 | contrary, nothing in this Section shall prohibit the issuance | ||||||
21 | or renewal of a license authorizing the sale of alcoholic | ||||||
22 | liquor within premises and at an outdoor patio or sidewalk | ||||||
23 | cafe, or both, attached to premises that are located in a | ||||||
24 | municipality with a population in excess of 1,000,000 | ||||||
25 | inhabitants and that are within 100 feet of a hospital if: | ||||||
26 | (1) the primary business of the restaurant consists of |
| |||||||
| |||||||
1 | the sale of food where the sale of liquor is incidental to | ||||||
2 | the sale of food; | ||||||
3 | (2) as a restaurant, the premises may or may not offer | ||||||
4 | catering as an incidental part of food service; | ||||||
5 | (3) the primary business of the restaurant is conducted | ||||||
6 | in space owned by a hospital or an entity owned or | ||||||
7 | controlled by, under common control with, or that controls | ||||||
8 | a hospital, and the chief hospital administrator has | ||||||
9 | expressed his or her support for the issuance of the | ||||||
10 | license in writing; and | ||||||
11 | (4) the hospital is an adult acute care facility | ||||||
12 | primarily located within the City of Chicago Institutional | ||||||
13 | Planned Development Number 3. | ||||||
14 | (nn) Notwithstanding any provision of this Section to the | ||||||
15 | contrary, nothing in this Section shall prohibit the issuance | ||||||
16 | or renewal of a license authorizing the sale of alcoholic | ||||||
17 | liquor at a premises that is located within a municipality with | ||||||
18 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
19 | feet of a church if: | ||||||
20 | (1) the sale of alcoholic liquor is not the principal | ||||||
21 | business carried out on the premises; | ||||||
22 | (2) the sale of alcoholic liquor at the premises is | ||||||
23 | incidental to the operation of a theater; | ||||||
24 | (3) the premises are a building that was constructed in | ||||||
25 | 1913 and opened on May 24, 1915 as a vaudeville theater, | ||||||
26 | and the premises were converted to a motion picture theater |
| |||||||
| |||||||
1 | in 1935; | ||||||
2 | (4) the church was constructed in 1889 with a stone | ||||||
3 | exterior; | ||||||
4 | (5) the primary entrance of the premises and the | ||||||
5 | primary entrance of the church are at least 100 feet apart; | ||||||
6 | and | ||||||
7 | (6) the principal religious leader at the place of | ||||||
8 | worship has indicated his or her consent to the issuance of | ||||||
9 | the license in writing; and | ||||||
10 | (7) the alderman in whose ward the premises are located | ||||||
11 | has expressed his or her support for the issuance of the | ||||||
12 | license in writing. | ||||||
13 | (oo) Notwithstanding any provision of this Section to the | ||||||
14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
15 | or renewal of a license authorizing the sale of alcoholic | ||||||
16 | liquor at a premises that is located within a municipality with | ||||||
17 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
18 | feet of a mosque, church, or other place of worship if: | ||||||
19 | (1) the primary entrance of the premises and the | ||||||
20 | primary entrance of the mosque, church, or other place of | ||||||
21 | worship are perpendicular and are on different streets; | ||||||
22 | (2) the primary entrance to the premises faces West and | ||||||
23 | the primary entrance to the mosque, church, or other place | ||||||
24 | of worship faces South; | ||||||
25 | (3) the distance between the 2 primary entrances is at | ||||||
26 | least 100 feet; |
| |||||||
| |||||||
1 | (4) the mosque, church, or other place of worship was | ||||||
2 | established in a location within 100 feet of the premises | ||||||
3 | after a license for the sale of alcohol at the premises was | ||||||
4 | first issued; | ||||||
5 | (5) the mosque, church, or other place of worship was | ||||||
6 | established on or around January 1, 2011; | ||||||
7 | (6) a license for the sale of alcohol at the premises | ||||||
8 | was first issued on or before January 1, 1985; | ||||||
9 | (7) a license for the sale of alcohol at the premises | ||||||
10 | has been continuously in effect since January 1, 1985, | ||||||
11 | except for interruptions between licenses of no more than | ||||||
12 | 90 days; and | ||||||
13 | (8) the premises are a single-story, single-use | ||||||
14 | building of at least 3,000 square feet and no more than | ||||||
15 | 3,380 square feet. | ||||||
16 | (pp) Notwithstanding any provision of this Section to the | ||||||
17 | contrary, nothing in this Section shall prohibit the issuance | ||||||
18 | or renewal of a license authorizing the sale of alcoholic | ||||||
19 | liquor incidental to the sale of food within a restaurant or | ||||||
20 | banquet facility established on premises that are located in a | ||||||
21 | municipality with a population in excess of 1,000,000 | ||||||
22 | inhabitants and within 100 feet of at least one church if: | ||||||
23 | (1) the sale of liquor shall not be the principal | ||||||
24 | business carried on by the licensee at the premises; | ||||||
25 | (2) the premises are at least 2,000 square feet and no | ||||||
26 | more than 10,000 square feet and is located in a |
| |||||||
| |||||||
1 | single-story building; | ||||||
2 | (3) the property on which the premises are located is | ||||||
3 | within an area that, as of 2009, was designated as a | ||||||
4 | Renewal Community by the United States Department of | ||||||
5 | Housing and Urban Development; | ||||||
6 | (4) the property on which the premises are located and | ||||||
7 | the properties on which the churches are located are on the | ||||||
8 | same street; | ||||||
9 | (5) the property on which the premises are located is | ||||||
10 | immediately adjacent to and east of the property on which | ||||||
11 | at least one of the churches is located; | ||||||
12 | (6) the property on which the premises are located is | ||||||
13 | across the street and southwest of the property on which | ||||||
14 | another church is located; | ||||||
15 | (7) the principal religious leaders of the churches | ||||||
16 | have indicated their support for the issuance of the | ||||||
17 | license in writing; and | ||||||
18 | (8) the alderman in whose ward the premises are located | ||||||
19 | has expressed his or her support for the issuance of the | ||||||
20 | license in writing. | ||||||
21 | For purposes of this subsection (pp), "banquet facility" | ||||||
22 | means the part of the building that caters to private parties | ||||||
23 | and where the sale of alcoholic liquors is not the principal | ||||||
24 | business. | ||||||
25 | (qq) Notwithstanding any provision of this Section to the | ||||||
26 | contrary, nothing in this Section shall prohibit the issuance |
| |||||||
| |||||||
1 | or renewal of a license authorizing the sale of alcoholic | ||||||
2 | liquor on premises that are located within a municipality with | ||||||
3 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
4 | feet of a church or school if: | ||||||
5 | (1) the primary entrance of the premises and the | ||||||
6 | closest entrance of the church or school are at least 200 | ||||||
7 | feet apart and no greater than 300 feet apart; | ||||||
8 | (2) the shortest distance between the premises and the | ||||||
9 | church or school is at least 66 feet apart and no greater | ||||||
10 | than 81 feet apart; | ||||||
11 | (3) the premises are a single-story, steel-framed | ||||||
12 | commercial building with at least 18,042 square feet, and | ||||||
13 | was constructed in 1925 and 1997; | ||||||
14 | (4) the owner of the business operated within the | ||||||
15 | premises has been the general manager of a similar | ||||||
16 | supermarket within one mile from the premises, which has | ||||||
17 | had a valid license authorizing the sale of alcoholic | ||||||
18 | liquor since 2002, and is in good standing with the City of | ||||||
19 | Chicago; | ||||||
20 | (5) the principal religious leader at the place of | ||||||
21 | worship has indicated his or her support to the issuance or | ||||||
22 | renewal of the license in writing; | ||||||
23 | (6) the alderman of the ward has indicated his or her | ||||||
24 | support to the issuance or renewal of the license in | ||||||
25 | writing; and | ||||||
26 | (7) the principal of the school has indicated his or |
| |||||||
| |||||||
1 | her support to the issuance or renewal of the license in | ||||||
2 | writing. | ||||||
3 | (rr) Notwithstanding any provision of this Section to the | ||||||
4 | contrary, nothing in this Section shall prohibit the issuance | ||||||
5 | or renewal of a license authorizing the sale of alcoholic | ||||||
6 | liquor at premises located within a municipality with a | ||||||
7 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
8 | feet of a club that leases space to a school if: | ||||||
9 | (1) the sale of alcoholic liquor is not the principal | ||||||
10 | business carried out on the premises; | ||||||
11 | (2) the sale of alcoholic liquor at the premises is | ||||||
12 | incidental to the operation of a grocery store; | ||||||
13 | (3) the premises are a building of approximately 1,750 | ||||||
14 | square feet and is rented by the owners of the grocery | ||||||
15 | store from a family member; | ||||||
16 | (4) the property line of the premises is approximately | ||||||
17 | 68 feet from the property line of the club; | ||||||
18 | (5) the primary entrance of the premises and the | ||||||
19 | primary entrance of the club where the school leases space | ||||||
20 | are at least 100 feet apart; | ||||||
21 | (6) the director of the club renting space to the | ||||||
22 | school has indicated his or her consent to the issuance of | ||||||
23 | the license in writing; and | ||||||
24 | (7) the alderman in whose district the premises are | ||||||
25 | located has expressed his or her support for the issuance | ||||||
26 | of the license in writing. |
| |||||||
| |||||||
1 | (ss) Notwithstanding any provision of this Section to the | ||||||
2 | contrary, nothing in this Section shall prohibit the issuance | ||||||
3 | or renewal of a license authorizing the sale of alcoholic | ||||||
4 | liquor at premises located within a municipality with a | ||||||
5 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
6 | feet of a church if: | ||||||
7 | (1) the premises are located within a 15 unit building | ||||||
8 | with 13 residential apartments and 2 commercial spaces, and | ||||||
9 | the licensee will occupy both commercial spaces; | ||||||
10 | (2) a restaurant has been operated on the premises | ||||||
11 | since June 2011; | ||||||
12 | (3) the restaurant currently occupies 1,075 square | ||||||
13 | feet, but will be expanding to include 975 additional | ||||||
14 | square feet; | ||||||
15 | (4) the sale of alcoholic liquor is not the principal | ||||||
16 | business carried on by the licensee at the premises; | ||||||
17 | (5) the premises are located south of the church and on | ||||||
18 | the same street and are separated by a one-way westbound | ||||||
19 | street; | ||||||
20 | (6) the primary entrance of the premises is at least 93 | ||||||
21 | feet from the primary entrance of the church; | ||||||
22 | (7) the shortest distance between any part of the | ||||||
23 | premises and any part of the church is at least 72 feet; | ||||||
24 | (8) the building in which the restaurant is located was | ||||||
25 | built in 1910; | ||||||
26 | (9) the alderman of the ward in which the premises are |
| |||||||
| |||||||
1 | located has expressed, in writing, his or her support for | ||||||
2 | the issuance of the license; and | ||||||
3 | (10) the principal religious leader of the church has | ||||||
4 | delivered a written statement that he or she does not | ||||||
5 | object to the issuance of a license under this subsection | ||||||
6 | (ss). | ||||||
7 | (tt) Notwithstanding any provision of this Section to the | ||||||
8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
9 | or renewal of a license authorizing the sale of alcoholic | ||||||
10 | liquor at premises located within a municipality with a | ||||||
11 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
12 | feet of a church if: | ||||||
13 | (1) the sale of alcoholic liquor is not the principal | ||||||
14 | business carried on by the licensee at the premises; | ||||||
15 | (2) the sale of alcoholic liquor is incidental to the | ||||||
16 | sale of food; | ||||||
17 | (3) the sale of alcoholic liquor at the premises was | ||||||
18 | previously authorized by a package goods liquor license; | ||||||
19 | (4) the premises are at least 40,000 square feet with | ||||||
20 | 25 parking spaces in the contiguous surface lot to the | ||||||
21 | north of the store and 93 parking spaces on the roof; | ||||||
22 | (5) the shortest distance between the lot line of the | ||||||
23 | parking lot of the premises and the exterior wall of the | ||||||
24 | church is at least 80 feet; | ||||||
25 | (6) the distance between the building in which the | ||||||
26 | church is located and the building in which the premises |
| |||||||
| |||||||
1 | are located is at least 180 feet; | ||||||
2 | (7) the main entrance to the church faces west and is | ||||||
3 | at least 257 feet from the main entrance of the premises; | ||||||
4 | and | ||||||
5 | (8) the applicant is the owner of 10 similar grocery | ||||||
6 | stores within the City of Chicago and the surrounding area | ||||||
7 | and has been in business for more than 30 years. | ||||||
8 | (uu) Notwithstanding any provision of this Section to the | ||||||
9 | contrary, nothing in this Section shall prohibit the issuance | ||||||
10 | or renewal of a license authorizing the sale of alcoholic | ||||||
11 | liquor at premises located within a municipality with a | ||||||
12 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
13 | feet of a church if: | ||||||
14 | (1) the sale of alcoholic liquor is not the principal | ||||||
15 | business carried on by the licensee at the premises; | ||||||
16 | (2) the sale of alcoholic liquor is incidental to the | ||||||
17 | operation of a grocery store; | ||||||
18 | (3) the premises are located in a building that is | ||||||
19 | approximately 68,000 square feet with 157 parking spaces on | ||||||
20 | property that was previously vacant land; | ||||||
21 | (4) the main entrance to the church faces west and is | ||||||
22 | at least 500 feet from the entrance of the premises, which | ||||||
23 | faces north; | ||||||
24 | (5) the church and the premises are separated by an | ||||||
25 | alley; | ||||||
26 | (6) the applicant is the owner of 9 similar grocery |
| |||||||
| |||||||
1 | stores in the City of Chicago and the surrounding area and | ||||||
2 | has been in business for more than 40 years; and | ||||||
3 | (7) the alderman of the ward in which the premises are | ||||||
4 | located has expressed, in writing, his or her support for | ||||||
5 | the issuance of the license. | ||||||
6 | (vv) Notwithstanding any provision of this Section to the | ||||||
7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
8 | or renewal of a license authorizing the sale of alcoholic | ||||||
9 | liquor at premises located within a municipality with a | ||||||
10 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
11 | feet of a church if: | ||||||
12 | (1) the sale of alcoholic liquor is the principal | ||||||
13 | business carried on by the licensee at the premises; | ||||||
14 | (2) the sale of alcoholic liquor is primary to the sale | ||||||
15 | of food; | ||||||
16 | (3) the premises are located south of the church and on | ||||||
17 | perpendicular streets and are separated by a driveway; | ||||||
18 | (4) the primary entrance of the premises is at least | ||||||
19 | 100 feet from the primary entrance of the church; | ||||||
20 | (5) the shortest distance between any part of the | ||||||
21 | premises and any part of the church is at least 15 feet; | ||||||
22 | (6) the premises are less than 100 feet from the church | ||||||
23 | center, but greater than 100 feet from the area within the | ||||||
24 | building where church services are held; | ||||||
25 | (7) the premises are 25,830 square feet and sit on a | ||||||
26 | lot that is 0.48 acres; |
| |||||||
| |||||||
1 | (8) the premises were once designated as a Korean | ||||||
2 | American Presbyterian Church and were once used as a | ||||||
3 | Masonic Temple; | ||||||
4 | (9) the premises were built in 1910; | ||||||
5 | (10) the alderman of the ward in which the premises are | ||||||
6 | located has expressed, in writing, his or her support for | ||||||
7 | the issuance of the license; and | ||||||
8 | (11) the principal religious leader of the church has | ||||||
9 | delivered a written statement that he or she does not | ||||||
10 | object to the issuance of a license under this subsection | ||||||
11 | (vv). | ||||||
12 | For the purposes of this subsection (vv), "premises" means | ||||||
13 | a place of business together with a privately owned outdoor | ||||||
14 | location that is adjacent to the place of business.
| ||||||
15 | (ww) Notwithstanding any provision of this Section to the
| ||||||
16 | contrary, nothing in this Section shall prohibit the issuance
| ||||||
17 | or renewal of a license authorizing the sale of alcoholic
| ||||||
18 | liquor at premises located within a municipality with a
| ||||||
19 | population in excess of 1,000,000 inhabitants and within 100
| ||||||
20 | feet of a school if: | ||||||
21 | (1) the school is located within Sub Area III of City | ||||||
22 | of Chicago Residential-Business Planned Development Number | ||||||
23 | 523, as amended; and | ||||||
24 | (2) the premises are located within Sub Area I, Sub | ||||||
25 | Area II, or Sub Area IV of City of Chicago | ||||||
26 | Residential-Business Planned Development Number 523, as |
| |||||||
| |||||||
1 | amended. | ||||||
2 | (xx) Notwithstanding any provision of this Section to the | ||||||
3 | contrary, nothing in this Section shall prohibit the issuance | ||||||
4 | or renewal of a license authorizing the sale of alcoholic | ||||||
5 | liquor at premises located within a municipality with a | ||||||
6 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
7 | feet of a church if: | ||||||
8 | (1) the sale of wine or wine-related products is the | ||||||
9 | exclusive business carried on by the licensee at the | ||||||
10 | premises; | ||||||
11 | (2) the primary entrance of the premises and the | ||||||
12 | primary entrance of the church are at least 100 feet apart | ||||||
13 | and are located on different streets; | ||||||
14 | (3) the building in which the premises are located and | ||||||
15 | the building in which the church is located are separated | ||||||
16 | by an alley; | ||||||
17 | (4) the premises consists of less than 2,000 square | ||||||
18 | feet of floor area dedicated to the sale of wine or | ||||||
19 | wine-related products; | ||||||
20 | (5) the premises are located on the first floor of a | ||||||
21 | 2-story building that is at least 99 years old and has a | ||||||
22 | residential unit on the second floor; and | ||||||
23 | (6) the principal religious leader at the church has | ||||||
24 | indicated his or her support for the issuance or renewal of | ||||||
25 | the license in writing. | ||||||
26 | (yy) Notwithstanding any provision of this Section to the |
| |||||||
| |||||||
1 | contrary, nothing in this Section shall prohibit the issuance | ||||||
2 | or renewal of a license authorizing the sale of alcoholic | ||||||
3 | liquor at premises located within a municipality with a | ||||||
4 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
5 | feet of a church if: | ||||||
6 | (1) the sale of alcoholic liquor at the premises is | ||||||
7 | incidental to the sale of food; | ||||||
8 | (2) the premises are located in a single-story building | ||||||
9 | of primarily brick construction containing at least 6 | ||||||
10 | commercial units constructed before 1940; | ||||||
11 | (3) the premises are located in a B3-2 zoning district; | ||||||
12 | (4) the premises are less than 4,000 square feet; | ||||||
13 | (5) the church established its congregation in 1891 and | ||||||
14 | completed construction of the church building in 1990; | ||||||
15 | (6) the premises are located south of the church; | ||||||
16 | (7) the premises and church are located on the same | ||||||
17 | street and are separated by a one-way westbound street; and | ||||||
18 | (8) the principal religious leader of the church has | ||||||
19 | not indicated his or her opposition to the issuance or | ||||||
20 | renewal of the license in writing. | ||||||
21 | (zz) Notwithstanding any provision of this Section to the | ||||||
22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
23 | or renewal of a license authorizing the sale of alcoholic | ||||||
24 | liquor within a full-service grocery store at premises located | ||||||
25 | within a municipality with a population in excess of 1,000,000 | ||||||
26 | inhabitants and within 100 feet of a church and school if: |
| |||||||
| |||||||
1 | (1) as of March 14, 2007, the premises are located in a | ||||||
2 | City of Chicago Residential-Business Planned Development | ||||||
3 | No. 1052; | ||||||
4 | (2) the sale of alcoholic liquor is not the principal | ||||||
5 | business carried on by the licensee at the premises; | ||||||
6 | (3) the sale of alcoholic liquor is incidental to the | ||||||
7 | operation of a grocery store and comprises no more than 10% | ||||||
8 | of the total in-store sales; | ||||||
9 | (4) the owner and operator of the grocery store | ||||||
10 | operates at least 10 other grocery stores that have | ||||||
11 | alcoholic liquor licenses within the same municipality; | ||||||
12 | (5) the premises are new construction when the license | ||||||
13 | is first issued; | ||||||
14 | (6) the constructed premises are to be no less than | ||||||
15 | 50,000 square feet; | ||||||
16 | (7) the school is a private church-affiliated school; | ||||||
17 | (8) the premises and the property containing the church | ||||||
18 | and church-affiliated school are located on perpendicular | ||||||
19 | streets and the school and church are adjacent to one | ||||||
20 | another; | ||||||
21 | (9) the pastor of the church and school has expressed, | ||||||
22 | in writing, support for the issuance of the license; and | ||||||
23 | (10) the alderman of the ward in which the premises are | ||||||
24 | located has expressed, in writing, his or her support for | ||||||
25 | the issuance of the license. | ||||||
26 | (Source: P.A. 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634, |
| |||||||
| |||||||
1 | eff. 12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12; | ||||||
2 | 97-806, eff. 7-13-12; 97-1166, eff. 3-1-13; 98-274, eff. | ||||||
3 | 8-9-13; 98-463, eff. 8-16-13; 98-571, eff. 8-27-13; 98-592, | ||||||
4 | eff. 11-15-13; 98-1092, eff. 8-26-14; 98-1158, eff. 1-9-15.)
| ||||||
5 | (235 ILCS 5/6-36) | ||||||
6 | Sec. 6-36. Homemade brewed beverages. | ||||||
7 | (a) No license or permit is required under this Act for the | ||||||
8 | making of homemade brewed beverages or for the possession, | ||||||
9 | transportation, or storage of homemade brewed beverages by any | ||||||
10 | person 21 years of age or older, if all of the following apply: | ||||||
11 | (1) the person who makes the homemade brewed beverages | ||||||
12 | receives no compensation; | ||||||
13 | (2) the homemade brewed beverages are is not sold or | ||||||
14 | offered for sale; and | ||||||
15 | (3) the total quantity of homemade brewed beverages | ||||||
16 | made, in a calendar year, by the person does not exceed 100 | ||||||
17 | gallons if the household has only one person 21 years of | ||||||
18 | age or older or 200 gallons if the household has 2 or more | ||||||
19 | persons 21 years of age or older. | ||||||
20 | (b) A person who makes, possesses, transports, or stores | ||||||
21 | homemade brewed beverages in compliance with the limitations | ||||||
22 | specified in subsection (a) is not a brewer, class 1 craft | ||||||
23 | brewer, class 2 brewer, wholesaler, retailer, or a manufacturer | ||||||
24 | of beer for the purposes of this Act. | ||||||
25 | (c) Homemade brewed beverages made in compliance with the |
| |||||||
| |||||||
1 | limitations specified in subsection (a) may be consumed by the | ||||||
2 | person who made it and his or her family, neighbors, and | ||||||
3 | friends at any private residence or other private location | ||||||
4 | where the possession and consumption of alcohol are is | ||||||
5 | permissible under this Act, local ordinances, and other | ||||||
6 | applicable law, provided that the homemade brewed beverages are | ||||||
7 | not made available for consumption by the general public. | ||||||
8 | (d) Homemade brewed beverages made in compliance with the | ||||||
9 | limitations specified in subsection (a) may be used for | ||||||
10 | purposes of a public exhibition, demonstration, tasting, or | ||||||
11 | sampling with sampling sizes as authorized by Section 6-31, if | ||||||
12 | the event is held at a private residence or at a location other | ||||||
13 | than a retail licensed premises. If the public event is not | ||||||
14 | held at a private residence, the event organizer shall obtain a | ||||||
15 | homebrewer special event permit for each location, and is | ||||||
16 | subject to the provisions in subsection (a) of Section 6-21. | ||||||
17 | Homemade brewed beverages used for purposes described in this | ||||||
18 | subsection (d), including the submission or consumption of the | ||||||
19 | homemade brewed beverages, are not considered sold or offered | ||||||
20 | for sale under this Act. A public exhibition, demonstration, | ||||||
21 | tasting, or sampling with sampling sizes as authorized by | ||||||
22 | Section 6-31 held by a licensee on a location other than a | ||||||
23 | retail licensed premises may require an admission charge to the | ||||||
24 | event, but no separate or additional fee may be charged for the | ||||||
25 | consumption of a person's homemade brewed beverages at the | ||||||
26 | public exhibition, demonstration, tasting, or sampling with |
| |||||||
| |||||||
1 | sampling sizes as authorized by Section 6-31. Event admission | ||||||
2 | charges that are collected may be partially used to provide | ||||||
3 | prizes to makers of homemade brewed beverages, but the | ||||||
4 | admission charges may not be divided in any fashion among the | ||||||
5 | makers of the homemade brewed beverages who participate in the | ||||||
6 | event. Homemade brewed beverages used for purposes described in | ||||||
7 | this subsection (d) are not considered sold or offered for sale | ||||||
8 | under this Act if a maker of homemade brewed beverages receives | ||||||
9 | free event admission or discounted event admission in return | ||||||
10 | for the maker's donation of the homemade brewed beverages to an | ||||||
11 | event specified in this subsection (d) that collects event | ||||||
12 | admission charges; free admission or discounted admission to | ||||||
13 | the event is not considered compensation under this Act. No | ||||||
14 | admission fee and no charge for the consumption of a person's | ||||||
15 | homemade brewed beverage may be collected if the public | ||||||
16 | exhibition, demonstration, tasting, or sampling with sampling | ||||||
17 | sizes as authorized by Section 6-31 is held at a private | ||||||
18 | residence. | ||||||
19 | (e) A person who is not a licensee under this Act may at a | ||||||
20 | private residence, and a person who is a licensee under this | ||||||
21 | Act may on the licensed premises, conduct, sponsor, or host a | ||||||
22 | contest, competition, or other event for the exhibition, | ||||||
23 | demonstration, judging, tasting, or sampling of homemade | ||||||
24 | brewed beverages made in compliance with the limitations | ||||||
25 | specified in subsection (a), if the person does not sell the | ||||||
26 | homemade brewed beverages and, unless the person is the brewer |
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1 | of the homemade brewed beverages, does not acquire any | ||||||
2 | ownership interest in the homemade brewed beverages. If the | ||||||
3 | contest, competition, exhibition, demonstration, or judging is | ||||||
4 | not held at a private residence, the consumption of the | ||||||
5 | homemade brewed beverages is limited to qualified judges and | ||||||
6 | stewards as defined by a national or international beer judging | ||||||
7 | program, who are identified by the event organizer in advance | ||||||
8 | of the contest, competition, exhibition, demonstration, or | ||||||
9 | judging. Homemade brewed beverages used for the purposes | ||||||
10 | described in this subsection (e), including the submission or | ||||||
11 | consumption of the homemade brewed beverages, are not | ||||||
12 | considered sold or offered for sale under this Act and any | ||||||
13 | prize awarded at a contest or competition or as a result of an | ||||||
14 | exhibition, demonstration, or judging is not considered | ||||||
15 | compensation under this Act. An exhibition, demonstration, | ||||||
16 | judging, contest, or competition held by a licensee on a | ||||||
17 | licensed premises may require an admission charge to the event, | ||||||
18 | but no separate or additional fee may be charged for the | ||||||
19 | consumption of a person's homemade brewed beverage at the | ||||||
20 | exhibition, demonstration, judging, contest, or competition. A | ||||||
21 | portion of event admission charges that are collected may be | ||||||
22 | used to provide prizes to makers of homemade brewed beverages, | ||||||
23 | but the admission charges may not be divided in any fashion | ||||||
24 | among the makers of the homemade brewed beverages who | ||||||
25 | participate in the event. Homemade brewed beverages used for | ||||||
26 | purposes described in this subsection (e) are not considered |
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1 | sold or offered for sale under this Act if a maker of homemade | ||||||
2 | brewed beverages receives free event admission or discounted | ||||||
3 | event admission in return for the maker's donation of the | ||||||
4 | homemade brewed beverages to an event specified in this | ||||||
5 | subsection (e) that collects event admission charges; free | ||||||
6 | admission or discounted admission to the event is not | ||||||
7 | considered compensation under this Act. No admission fee and no | ||||||
8 | charge for the consumption of a person's homemade brewed | ||||||
9 | beverage may be charged if the exhibition, demonstration, | ||||||
10 | judging, contest, or competition is held at a private | ||||||
11 | residence. The fact that a person is acting in a manner | ||||||
12 | authorized by this Section is not, by itself, sufficient to | ||||||
13 | constitute a public nuisance under Section 10-7 of this Act. If | ||||||
14 | the contest, competition, or other event is held on licensed | ||||||
15 | premises, the licensee may allow the homemade brewed beverages | ||||||
16 | to be stored on the premises if the homemade brewed beverages | ||||||
17 | are clearly identified and , kept separate from any alcohol | ||||||
18 | beverages owned by the licensee. If the contest, competition, | ||||||
19 | or other event is held on licensed premises, other provisions | ||||||
20 | of this Act not inconsistent with this Section apply. | ||||||
21 | (f) A commercial enterprise engaged primarily in selling | ||||||
22 | supplies and equipment to the public for use by homebrewers may | ||||||
23 | manufacture homemade brewed beverages for the purpose of | ||||||
24 | tasting the homemade brewed beverages at the location of the | ||||||
25 | commercial enterprise, provided that the homemade brewed | ||||||
26 | beverages are not sold or offered for sale. Homemade brewed |
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1 | beverages provided at a commercial enterprise for tasting under | ||||||
2 | this subsection (f) shall be in compliance with Sections 6-16, | ||||||
3 | 6-21, and 6-31 of this Act. A commercial enterprise engaged | ||||||
4 | solely in selling supplies and equipment for use by homebrewers | ||||||
5 | shall not be required to secure a license under this Act, | ||||||
6 | however, such commercial enterprise shall secure liquor | ||||||
7 | liability insurance coverage in an amount at least equal to the | ||||||
8 | maximum liability amounts set forth in subsection (a) of | ||||||
9 | Section 6-21 of this Act. | ||||||
10 | (g) Homemade brewed beverages are not subject to Section | ||||||
11 | 8-1 of this Act.
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12 | (Source: P.A. 98-55, eff. 7-5-13; revised 11-26-14.)
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13 | Section 95. No acceleration or delay. Where this Act makes | ||||||
14 | changes in a statute that is represented in this Act by text | ||||||
15 | that is not yet or no longer in effect (for example, a Section | ||||||
16 | represented by multiple versions), the use of that text does | ||||||
17 | not accelerate or delay the taking effect of (i) the changes | ||||||
18 | made by this Act or (ii) provisions derived from any other | ||||||
19 | Public Act.
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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