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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0088 Introduced 1/27/2011, by Sen. Donne E. Trotter SYNOPSIS AS INTRODUCED:
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| 235 ILCS 5/1-3.09 | from Ch. 43, par. 95.09 | 235 ILCS 5/1-3.15 | from Ch. 43, par. 95.15 | 235 ILCS 5/1-3.16 | from Ch. 43, par. 95.16 | 235 ILCS 5/1-3.33 | | 235 ILCS 5/1-3.38 new | | 235 ILCS 5/5-1 | from Ch. 43, par. 115 |
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Amends the Liquor Control Act of 1934. Makes changes to the definitions of "brewer", "distributor", "importing distributor", and "brew pub". Defines "barrel" as 31 U.S. gallons. Provides that a licensed brewer may make sales and deliveries of beer to importing
distributors, distributors, and to non-licensees. Further provides that a licensed brewer may sell to retailers provided that the licensed brewer (i) manufactures 60,000 barrels or less of beer per year and (ii) obtains an importing distributor's license or distributor's license in accordance with the provisions of the Act. Provides that a brew pub licensee may sell his or her own manufactured beer to retailers provided that he or she obtains an importing distributor's license or distributor's license. Provides that a brew pub licensee shall not allow the sale for off-premises consumption or to retailers in the aggregate of more than 50,000 gallons of manufactured beer per year. Makes other changes. Effective immediately.
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| | A BILL FOR |
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| | SB0088 | | LRB097 05761 ASK 45825 b |
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| 1 | | AN ACT concerning liquor.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Liquor Control Act of 1934 is amended by |
| 5 | | changing Section 1-3.09, 1-3.15, 1-3.16, 1-3.33, and 5-1 and by |
| 6 | | adding Section 1-3.38 as follows:
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| 7 | | (235 ILCS 5/1-3.09) (from Ch. 43, par. 95.09)
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| 8 | | Sec. 1-3.09.
"Brewer" means a person who is engaged in the |
| 9 | | manufacture of
beer, whether within or outside of this State.
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| 10 | | (Source: P.A. 82-783.)
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| 11 | | (235 ILCS 5/1-3.15) (from Ch. 43, par. 95.15)
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| 12 | | Sec. 1-3.15.
"Distributor" means any person, other than a |
| 13 | | manufacturer
or non-resident dealer licensed under this Act |
| 14 | | unless the manufacturer or non-resident dealer is a brewer or |
| 15 | | brew pub that obtains a distributor's license in accordance |
| 16 | | with the provisions of this Act, who is engaged in this
State |
| 17 | | in purchasing,
storing, possessing or warehousing any |
| 18 | | alcoholic liquors for resale or
reselling at wholesale, whether |
| 19 | | within or outside of without this State.
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| 20 | | (Source: P.A. 83-1254.)
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| 21 | | (235 ILCS 5/1-3.16) (from Ch. 43, par. 95.16)
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| 1 | | Sec. 1-3.16.
"Importing distributor" means any person |
| 2 | | other than a
non-resident dealer licensed under this Act, |
| 3 | | unless the non-resident dealer is a brewer or brew pub that |
| 4 | | obtains an importing distributor's license in accordance with |
| 5 | | the provisions of this Act, who
imports into this
State, from |
| 6 | | any point in the United States outside this State, whether for
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| 7 | | himself or for another, any alcoholic liquors for sale or |
| 8 | | resale, or for
use in the manufacture, preparation or |
| 9 | | compounding of products other than
alcoholic liquors, or who |
| 10 | | imports into this State, from any point in the
United States |
| 11 | | outside this State, for consumption in any one calendar year,
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| 12 | | more than one gallon of such liquors.
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| 13 | | (Source: P.A. 83-1254.)
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| 14 | | (235 ILCS 5/1-3.33)
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| 15 | | Sec. 1-3.33.
"Brew Pub" means a person who manufactures |
| 16 | | beer only at a
designated premises, whether within or outside |
| 17 | | of this State, to make sales to importing distributors, |
| 18 | | distributors,
and to non-licensees for use and consumption |
| 19 | | only, who stores beer
at the designated premises, and who is |
| 20 | | allowed to sell beer and other alcoholic liquors at retail from |
| 21 | | the
licensed premises, and who is allowed to sell its own |
| 22 | | manufactured beer to retailers provided that the brew pub also |
| 23 | | obtains an importing distributor's license or distributor's |
| 24 | | license in accordance with the provisions of this Act. A |
| 25 | | provided that a brew pub licensee shall not authorize the sales |
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| 1 | | sell for
off-premises consumption or to retailers in the |
| 2 | | aggregate of more than 50,000 gallons of manufactured beer per |
| 3 | | year.
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| 4 | | (Source: P.A. 90-432, eff. 1-1-98.)
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| 5 | | (235 ILCS 5/1-3.38 new) |
| 6 | | Sec. 1-3.38. "Barrel" means 31 U.S. gallons.
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| 7 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) |
| 8 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control |
| 9 | | Commission
shall be of the following classes: |
| 10 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. |
| 11 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
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| 12 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. |
| 13 | | First Class Winemaker, Class 7. Second Class Winemaker, Class |
| 14 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, |
| 15 | | (b) Distributor's license, |
| 16 | | (c) Importing Distributor's license, |
| 17 | | (d) Retailer's license, |
| 18 | | (e) Special Event Retailer's license (not-for-profit), |
| 19 | | (f) Railroad license, |
| 20 | | (g) Boat license, |
| 21 | | (h) Non-Beverage User's license, |
| 22 | | (i) Wine-maker's premises license, |
| 23 | | (j) Airplane license, |
| 24 | | (k) Foreign importer's license, |
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| 1 | | (l) Broker's license, |
| 2 | | (m) Non-resident dealer's
license, |
| 3 | | (n) Brew Pub license, |
| 4 | | (o) Auction liquor license, |
| 5 | | (p) Caterer retailer license, |
| 6 | | (q) Special use permit license, |
| 7 | | (r) Winery shipper's license.
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| 8 | | No
person, firm, partnership, corporation, or other legal |
| 9 | | business entity that is
engaged in the manufacturing of wine |
| 10 | | may concurrently obtain and hold a
wine-maker's license and a |
| 11 | | wine manufacturer's license. |
| 12 | | (a) A manufacturer's license shall allow the manufacture,
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| 13 | | importation in bulk, storage, distribution and sale of |
| 14 | | alcoholic liquor
to persons without the State, as may be |
| 15 | | permitted by law and to licensees
in this State as follows: |
| 16 | | Class 1. A Distiller may make sales and deliveries of |
| 17 | | alcoholic liquor to
distillers, rectifiers, importing |
| 18 | | distributors, distributors and
non-beverage users and to no |
| 19 | | other licensees. |
| 20 | | Class 2. A Rectifier, who is not a distiller, as defined |
| 21 | | herein, may make
sales and deliveries of alcoholic liquor to |
| 22 | | rectifiers, importing distributors,
distributors, retailers |
| 23 | | and non-beverage users and to no other licensees. |
| 24 | | Class 3. A Brewer may make sales and deliveries of beer to |
| 25 | | importing
distributors, distributors, and to non-licensees. A |
| 26 | | brewer may also make sales and deliveries of beer , and to
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| 1 | | retailers provided the brewer (i) manufactures 60,000 barrels |
| 2 | | or less of beer per year and (ii) obtains an importing |
| 3 | | distributor's license or
distributor's license in accordance |
| 4 | | with the provisions of this Act. |
| 5 | | Class 4. A first class wine-manufacturer may make sales and |
| 6 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
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| 7 | | importing
distributors and distributors, and to no other |
| 8 | | licensees. |
| 9 | | Class 5. A second class Wine manufacturer may make sales |
| 10 | | and deliveries
of more than 50,000 gallons of wine to |
| 11 | | manufacturers, importing distributors
and distributors and to |
| 12 | | no other licensees. |
| 13 | | Class 6. A first-class wine-maker's license shall allow the |
| 14 | | manufacture
of up to 50,000 gallons of wine per year, and the
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| 15 | | storage
and sale of such
wine to distributors in the State and |
| 16 | | to persons without the
State, as may be permitted by law. A |
| 17 | | person who, prior to the effective date of this amendatory Act |
| 18 | | of the 95th General Assembly, is a holder of a first-class |
| 19 | | wine-maker's license and annually produces more than 25,000 |
| 20 | | gallons of its own wine and who distributes its wine to |
| 21 | | licensed retailers shall cease this practice on or before July |
| 22 | | 1, 2008 in compliance with this amendatory Act of the 95th |
| 23 | | General Assembly. |
| 24 | | Class 7. A second-class wine-maker's license shall allow |
| 25 | | the manufacture
of between 50,000 and 150,000 gallons of wine |
| 26 | | per year, and
the
storage and sale of such wine
to distributors |
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| 1 | | in this State and to persons without the State, as may be
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| 2 | | permitted by law. A person who, prior to the effective date of |
| 3 | | this amendatory Act of the 95th General Assembly, is a holder |
| 4 | | of a second-class wine-maker's license and annually produces |
| 5 | | more than 25,000 gallons of its own wine and who distributes |
| 6 | | its wine to licensed retailers shall cease this practice on or |
| 7 | | before July 1, 2008 in compliance with this amendatory Act of |
| 8 | | the 95th General Assembly. |
| 9 | | Class 8. A limited wine-manufacturer may make sales and |
| 10 | | deliveries not to
exceed 40,000 gallons of wine per year to |
| 11 | | distributors, and to
non-licensees in accordance with the |
| 12 | | provisions of this Act. |
| 13 | | Class 9. A craft distiller license shall allow the |
| 14 | | manufacture of up to 5,000 gallons of spirits by distillation |
| 15 | | per year and the storage of such spirits. If a craft distiller |
| 16 | | licensee is not affiliated with any other manufacturer, then |
| 17 | | the craft distiller licensee may sell such spirits to |
| 18 | | distributors in this State and non-licensees to the extent |
| 19 | | permitted by any exemption approved by the Commission pursuant |
| 20 | | to Section 6-4 of this Act. |
| 21 | | Any craft distiller licensed under this Act who on the |
| 22 | | effective date of this amendatory Act of the 96th General |
| 23 | | Assembly was licensed as a distiller and manufactured no more |
| 24 | | spirits than permitted by this Section shall not be required to |
| 25 | | pay the initial licensing fee. |
| 26 | | (a-1) A manufacturer which is licensed in this State to |
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| 1 | | make sales or
deliveries of alcoholic liquor and which enlists |
| 2 | | agents, representatives, or
individuals acting on its behalf |
| 3 | | who contact licensed retailers on a regular
and continual basis |
| 4 | | in this State must register those agents, representatives,
or |
| 5 | | persons acting on its behalf with the State Commission. |
| 6 | | Registration of agents, representatives, or persons acting |
| 7 | | on behalf of a
manufacturer is fulfilled by submitting a form |
| 8 | | to the Commission. The form
shall be developed by the |
| 9 | | Commission and shall include the name and address of
the |
| 10 | | applicant, the name and address of the manufacturer he or she |
| 11 | | represents,
the territory or areas assigned to sell to or |
| 12 | | discuss pricing terms of
alcoholic liquor, and any other |
| 13 | | questions deemed appropriate and necessary.
All statements in |
| 14 | | the forms required to be made by law or by rule shall be
deemed |
| 15 | | material, and any person who knowingly misstates any material |
| 16 | | fact under
oath in an application is guilty of a Class B |
| 17 | | misdemeanor. Fraud,
misrepresentation, false statements, |
| 18 | | misleading statements, evasions, or
suppression of material |
| 19 | | facts in the securing of a registration are grounds for
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| 20 | | suspension or revocation of the registration. |
| 21 | | (b) A distributor's license shall allow the wholesale |
| 22 | | purchase and storage
of alcoholic liquors and sale of alcoholic |
| 23 | | liquors to licensees
in this State and to persons without the |
| 24 | | State, as may be permitted by law. |
| 25 | | (c) An importing distributor's license may be issued to and |
| 26 | | held by
those only who are duly licensed distributors, upon the |
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| 1 | | filing of an
application by a duly licensed distributor, with |
| 2 | | the Commission and
the Commission shall, without the
payment of |
| 3 | | any fee, immediately issue such importing distributor's
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| 4 | | license to the applicant, which shall allow the importation of |
| 5 | | alcoholic
liquor by the licensee into this State from any point |
| 6 | | in the United
States outside this State, and the purchase of |
| 7 | | alcoholic liquor in
barrels, casks or other bulk containers and |
| 8 | | the bottling of such
alcoholic liquors before resale thereof, |
| 9 | | but all bottles or containers
so filled shall be sealed, |
| 10 | | labeled, stamped and otherwise made to comply
with all |
| 11 | | provisions, rules and regulations governing manufacturers in
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| 12 | | the preparation and bottling of alcoholic liquors. The |
| 13 | | importing
distributor's license shall permit such licensee to |
| 14 | | purchase alcoholic
liquor from Illinois licensed non-resident |
| 15 | | dealers and foreign importers only. |
| 16 | | (d) A retailer's license shall allow the licensee to sell |
| 17 | | and offer
for sale at retail, only in the premises specified in |
| 18 | | the license,
alcoholic liquor for use or consumption, but not |
| 19 | | for resale in any form. Nothing in this amendatory Act of the |
| 20 | | 95th General Assembly shall deny, limit, remove, or restrict |
| 21 | | the ability of a holder of a retailer's license to transfer, |
| 22 | | deliver, or ship alcoholic liquor to the purchaser for use or |
| 23 | | consumption subject to any applicable local law or ordinance. |
| 24 | | Any retail license issued to a manufacturer shall only
permit |
| 25 | | the manufacturer to sell beer at retail on the premises |
| 26 | | actually
occupied by the manufacturer. For the purpose of |
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| 1 | | further describing the type of business conducted at a retail |
| 2 | | licensed premises, a retailer's licensee may be designated by |
| 3 | | the State Commission as (i) an on premise consumption retailer, |
| 4 | | (ii) an off premise sale retailer, or (iii) a combined on |
| 5 | | premise consumption and off premise sale retailer.
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| 6 | | Notwithstanding any other provision of this subsection |
| 7 | | (d), a retail
licensee may sell alcoholic liquors to a special |
| 8 | | event retailer licensee for
resale to the extent permitted |
| 9 | | under subsection (e). |
| 10 | | (e) A special event retailer's license (not-for-profit) |
| 11 | | shall permit the
licensee to purchase alcoholic liquors from an |
| 12 | | Illinois licensed distributor
(unless the licensee purchases |
| 13 | | less than $500 of alcoholic liquors for the
special event, in |
| 14 | | which case the licensee may purchase the alcoholic liquors
from |
| 15 | | a licensed retailer) and shall allow the licensee to sell and |
| 16 | | offer for
sale, at retail, alcoholic liquors for use or |
| 17 | | consumption, but not for resale
in any form and only at the |
| 18 | | location and on the specific dates designated for
the special |
| 19 | | event in the license. An applicant for a special event retailer
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| 20 | | license must
(i) furnish with the application: (A) a resale |
| 21 | | number issued under Section
2c of the Retailers' Occupation Tax |
| 22 | | Act or evidence that the applicant is
registered under Section |
| 23 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid |
| 24 | | exemption identification
number issued under Section 1g of the |
| 25 | | Retailers' Occupation Tax Act, and a
certification to the |
| 26 | | Commission that the purchase of alcoholic liquors will be
a |
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| 1 | | tax-exempt purchase, or (C) a statement that the applicant is |
| 2 | | not registered
under Section 2a of the Retailers' Occupation |
| 3 | | Tax Act, does not hold a resale
number under Section 2c of the |
| 4 | | Retailers' Occupation Tax Act, and does not
hold an exemption |
| 5 | | number under Section 1g of the Retailers' Occupation Tax
Act, |
| 6 | | in which event the Commission shall set forth on the special |
| 7 | | event
retailer's license a statement to that effect; (ii) |
| 8 | | submit with the application proof satisfactory to
the State |
| 9 | | Commission that the applicant will provide dram shop liability
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| 10 | | insurance in the maximum limits; and (iii) show proof |
| 11 | | satisfactory to the
State Commission that the applicant has |
| 12 | | obtained local authority
approval. |
| 13 | | (f) A railroad license shall permit the licensee to import |
| 14 | | alcoholic
liquors into this State from any point in the United |
| 15 | | States outside this
State and to store such alcoholic liquors |
| 16 | | in this State; to make wholesale
purchases of alcoholic liquors |
| 17 | | directly from manufacturers, foreign
importers, distributors |
| 18 | | and importing distributors from within or outside
this State; |
| 19 | | and to store such alcoholic liquors in this State; provided
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| 20 | | that the above powers may be exercised only in connection with |
| 21 | | the
importation, purchase or storage of alcoholic liquors to be |
| 22 | | sold or
dispensed on a club, buffet, lounge or dining car |
| 23 | | operated on an electric,
gas or steam railway in this State; |
| 24 | | and provided further, that railroad
licensees exercising the |
| 25 | | above powers shall be subject to all provisions of
Article VIII |
| 26 | | of this Act as applied to importing distributors. A railroad
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| 1 | | license shall also permit the licensee to sell or dispense |
| 2 | | alcoholic
liquors on any club, buffet, lounge or dining car |
| 3 | | operated on an electric,
gas or steam railway regularly |
| 4 | | operated by a common carrier in this State,
but shall not |
| 5 | | permit the sale for resale of any alcoholic liquors to any
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| 6 | | licensee within this State. A license shall be obtained for |
| 7 | | each car in which
such sales are made. |
| 8 | | (g) A boat license shall allow the sale of alcoholic liquor |
| 9 | | in
individual drinks, on any passenger boat regularly operated |
| 10 | | as a common
carrier on navigable waters in this State or on any |
| 11 | | riverboat operated
under
the Riverboat Gambling Act, which boat |
| 12 | | or riverboat maintains a public
dining room or restaurant |
| 13 | | thereon. |
| 14 | | (h) A non-beverage user's license shall allow the licensee |
| 15 | | to
purchase alcoholic liquor from a licensed manufacturer or |
| 16 | | importing
distributor, without the imposition of any tax upon |
| 17 | | the business of such
licensed manufacturer or importing |
| 18 | | distributor as to such alcoholic
liquor to be used by such |
| 19 | | licensee solely for the non-beverage purposes
set forth in |
| 20 | | subsection (a) of Section 8-1 of this Act, and
such licenses |
| 21 | | shall be divided and classified and shall permit the
purchase, |
| 22 | | possession and use of limited and stated quantities of
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| 23 | | alcoholic liquor as follows: |
| 24 | | Class 1, not to exceed ......................... 500 gallons
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| 25 | | Class 2, not to exceed ....................... 1,000 gallons
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| 26 | | Class 3, not to exceed ....................... 5,000 gallons
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| 1 | | Class 4, not to exceed ...................... 10,000 gallons
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| 2 | | Class 5, not to exceed ....................... 50,000 gallons |
| 3 | | (i) A wine-maker's premises license shall allow a
licensee |
| 4 | | that concurrently holds a first-class wine-maker's license to |
| 5 | | sell
and offer for sale at retail in the premises specified in |
| 6 | | such license
not more than 50,000 gallons of the first-class |
| 7 | | wine-maker's wine that is
made at the first-class wine-maker's |
| 8 | | licensed premises per year for use or
consumption, but not for |
| 9 | | resale in any form. A wine-maker's premises
license shall allow |
| 10 | | a licensee who concurrently holds a second-class
wine-maker's |
| 11 | | license to sell and offer for sale at retail in the premises
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| 12 | | specified in such license up to 100,000 gallons of the
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| 13 | | second-class wine-maker's wine that is made at the second-class |
| 14 | | wine-maker's
licensed premises per year
for use or consumption |
| 15 | | but not for resale in any form. A wine-maker's premises license |
| 16 | | shall allow a
licensee that concurrently holds a first-class |
| 17 | | wine-maker's license or a second-class
wine-maker's license to |
| 18 | | sell
and offer for sale at retail at the premises specified in |
| 19 | | the wine-maker's premises license, for use or consumption but |
| 20 | | not for resale in any form, any beer, wine, and spirits |
| 21 | | purchased from a licensed distributor. Upon approval from the
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| 22 | | State Commission, a wine-maker's premises license
shall allow |
| 23 | | the licensee to sell and offer for sale at (i) the wine-maker's
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| 24 | | licensed premises and (ii) at up to 2 additional locations for |
| 25 | | use and
consumption and not for resale. Each location shall |
| 26 | | require additional
licensing per location as specified in |
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| 1 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
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| 2 | | secure liquor liability insurance coverage in an amount at
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| 3 | | least equal to the maximum liability amounts set forth in
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| 4 | | subsection (a) of Section 6-21 of this Act.
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| 5 | | (j) An airplane license shall permit the licensee to import
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| 6 | | alcoholic liquors into this State from any point in the United |
| 7 | | States
outside this State and to store such alcoholic liquors |
| 8 | | in this State; to
make wholesale purchases of alcoholic liquors |
| 9 | | directly from
manufacturers, foreign importers, distributors |
| 10 | | and importing
distributors from within or outside this State; |
| 11 | | and to store such
alcoholic liquors in this State; provided |
| 12 | | that the above powers may be
exercised only in connection with |
| 13 | | the importation, purchase or storage
of alcoholic liquors to be |
| 14 | | sold or dispensed on an airplane; and
provided further, that |
| 15 | | airplane licensees exercising the above powers
shall be subject |
| 16 | | to all provisions of Article VIII of this Act as
applied to |
| 17 | | importing distributors. An airplane licensee shall also
permit |
| 18 | | the sale or dispensing of alcoholic liquors on any passenger
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| 19 | | airplane regularly operated by a common carrier in this State, |
| 20 | | but shall
not permit the sale for resale of any alcoholic |
| 21 | | liquors to any licensee
within this State. A single airplane |
| 22 | | license shall be required of an
airline company if liquor |
| 23 | | service is provided on board aircraft in this
State. The annual |
| 24 | | fee for such license shall be as determined in
Section 5-3. |
| 25 | | (k) A foreign importer's license shall permit such licensee |
| 26 | | to purchase
alcoholic liquor from Illinois licensed |
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| 1 | | non-resident dealers only, and to
import alcoholic liquor other |
| 2 | | than in bulk from any point outside the
United States and to |
| 3 | | sell such alcoholic liquor to Illinois licensed
importing |
| 4 | | distributors and to no one else in Illinois;
provided that (i) |
| 5 | | the foreign importer registers with the State Commission
every
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| 6 | | brand of
alcoholic liquor that it proposes to sell to Illinois |
| 7 | | licensees during the
license period, (ii) the foreign importer |
| 8 | | complies with all of the provisions
of Section
6-9 of this Act |
| 9 | | with respect to registration of such Illinois licensees as may
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| 10 | | be granted the
right to sell such brands at wholesale, and |
| 11 | | (iii) the foreign importer complies with the provisions of |
| 12 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
| 13 | | provisions apply to manufacturers. |
| 14 | | (l) (i) A broker's license shall be required of all persons
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| 15 | | who solicit
orders for, offer to sell or offer to supply |
| 16 | | alcoholic liquor to
retailers in the State of Illinois, or who |
| 17 | | offer to retailers to ship or
cause to be shipped or to make |
| 18 | | contact with distillers, rectifiers,
brewers or manufacturers |
| 19 | | or any other party within or without the State
of Illinois in |
| 20 | | order that alcoholic liquors be shipped to a distributor,
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| 21 | | importing distributor or foreign importer, whether such |
| 22 | | solicitation or
offer is consummated within or without the |
| 23 | | State of Illinois. |
| 24 | | No holder of a retailer's license issued by the Illinois |
| 25 | | Liquor
Control Commission shall purchase or receive any |
| 26 | | alcoholic liquor, the
order for which was solicited or offered |
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| 1 | | for sale to such retailer by a
broker unless the broker is the |
| 2 | | holder of a valid broker's license. |
| 3 | | The broker shall, upon the acceptance by a retailer of the |
| 4 | | broker's
solicitation of an order or offer to sell or supply or |
| 5 | | deliver or have
delivered alcoholic liquors, promptly forward |
| 6 | | to the Illinois Liquor
Control Commission a notification of |
| 7 | | said transaction in such form as
the Commission may by |
| 8 | | regulations prescribe. |
| 9 | | (ii) A broker's license shall be required of
a person |
| 10 | | within this State, other than a retail licensee,
who, for a fee |
| 11 | | or commission, promotes, solicits, or accepts orders for
|
| 12 | | alcoholic liquor, for use or consumption and not for
resale, to |
| 13 | | be shipped from this State and delivered to residents outside |
| 14 | | of
this State by an express company, common carrier, or |
| 15 | | contract carrier.
This Section does not apply to any person who |
| 16 | | promotes, solicits, or accepts
orders for wine as specifically |
| 17 | | authorized in Section 6-29 of this Act. |
| 18 | | A broker's license under this subsection (l)
shall not |
| 19 | | entitle the holder to
buy or sell any
alcoholic liquors for his |
| 20 | | own account or to take or deliver title to
such alcoholic |
| 21 | | liquors. |
| 22 | | This subsection (l)
shall not apply to distributors, |
| 23 | | employees of
distributors, or employees of a manufacturer who |
| 24 | | has registered the
trademark, brand or name of the alcoholic |
| 25 | | liquor pursuant to Section 6-9
of this Act, and who regularly |
| 26 | | sells such alcoholic liquor
in the State of Illinois only to |
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| 1 | | its registrants thereunder. |
| 2 | | Any agent, representative, or person subject to |
| 3 | | registration pursuant to
subsection (a-1) of this Section shall |
| 4 | | not be eligible to receive a broker's
license. |
| 5 | | (m) A non-resident dealer's license shall permit such |
| 6 | | licensee to ship
into and warehouse alcoholic liquor into this |
| 7 | | State from any point
outside of this State, and to sell such |
| 8 | | alcoholic liquor to Illinois licensed
foreign importers and |
| 9 | | importing distributors and to no one else in this State unless |
| 10 | | such licensee concurrently holds another license permitting |
| 11 | | such other sales;
provided that (i) said non-resident dealer |
| 12 | | shall register with the Illinois Liquor
Control Commission each |
| 13 | | and every brand of alcoholic liquor which it proposes
to sell |
| 14 | | to Illinois licensees during the license period, (ii) it shall |
| 15 | | comply with all of the provisions of Section 6-9 hereof with
|
| 16 | | respect to registration of such Illinois licensees as may be |
| 17 | | granted the right
to sell such brands at wholesale, and (iii) |
| 18 | | the non-resident dealer shall comply with the provisions of |
| 19 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
| 20 | | provisions apply to manufacturers. |
| 21 | | (n) A brew pub license shall allow the licensee to |
| 22 | | manufacture beer only
on the premises specified in the license, |
| 23 | | to make sales of the
beer manufactured on the premises to |
| 24 | | importing distributors, distributors,
and to non-licensees for |
| 25 | | use and consumption, to store the beer upon
the premises, and |
| 26 | | to sell and offer for sale such manufactured beer and other |
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| 1 | | alcoholic liquors at retail from the licensed
premises, and to |
| 2 | | sell his or her own manufactured beer to retailers provided |
| 3 | | that the brew pub also obtains an importing distributor's |
| 4 | | license or distributor's license in accordance with the |
| 5 | | provisions of this Act. A a brew pub licensee shall not allow |
| 6 | | the sale not sell for off-premises
consumption or to retailers |
| 7 | | in the aggregate of more than 50,000 gallons of manufactured |
| 8 | | beer per year. |
| 9 | | (o) A caterer retailer license shall allow the holder
to |
| 10 | | serve alcoholic liquors as an incidental part of a food service |
| 11 | | that serves
prepared meals which excludes the serving of snacks |
| 12 | | as
the primary meal, either on or off-site whether licensed or |
| 13 | | unlicensed. |
| 14 | | (p) An auction liquor license shall allow the licensee to |
| 15 | | sell and offer
for sale at auction wine and spirits for use or |
| 16 | | consumption, or for resale by
an Illinois liquor licensee in |
| 17 | | accordance with provisions of this Act. An
auction liquor |
| 18 | | license will be issued to a person and it will permit the
|
| 19 | | auction liquor licensee to hold the auction anywhere in the |
| 20 | | State. An auction
liquor license must be obtained for each |
| 21 | | auction at least 14 days in advance of
the auction date. |
| 22 | | (q) A special use permit license shall allow an Illinois |
| 23 | | licensed
retailer to transfer a portion of its alcoholic liquor |
| 24 | | inventory from its
retail licensed premises to the premises |
| 25 | | specified in the license hereby
created, and to sell or offer |
| 26 | | for sale at retail, only in the premises
specified in the |
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| 1 | | license hereby created, the transferred alcoholic liquor for
|
| 2 | | use or consumption, but not for resale in any form. A special |
| 3 | | use permit
license may be granted for the following time |
| 4 | | periods: one day or less; 2 or
more days to a maximum of 15 days |
| 5 | | per location in any 12 month period. An
applicant for the |
| 6 | | special use permit license must also submit with the
|
| 7 | | application proof satisfactory to the State Commission that the |
| 8 | | applicant will
provide dram shop liability insurance to the |
| 9 | | maximum limits and have local
authority approval. |
| 10 | | (r) A winery shipper's license shall allow a person
with a |
| 11 | | first-class or second-class wine manufacturer's
license, a |
| 12 | | first-class or second-class wine-maker's license,
or a limited |
| 13 | | wine manufacturer's license or who is licensed to
make wine |
| 14 | | under the laws of another state to ship wine
made by that |
| 15 | | licensee directly to a resident of this
State who is 21 years |
| 16 | | of age or older for that resident's
personal use and not for |
| 17 | | resale. Prior to receiving a
winery shipper's license, an |
| 18 | | applicant for the license must
provide the Commission with a |
| 19 | | true copy of its current
license in any state in which it is |
| 20 | | licensed as a manufacturer
of wine. An applicant for a winery |
| 21 | | shipper's license must
also complete an application form that |
| 22 | | provides any other
information the Commission deems necessary. |
| 23 | | The
application form shall include an acknowledgement |
| 24 | | consenting
to the jurisdiction of the Commission, the Illinois
|
| 25 | | Department of Revenue, and the courts of this State concerning
|
| 26 | | the enforcement of this Act and any related laws, rules, and
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| 1 | | regulations, including authorizing the Department of Revenue
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| 2 | | and the Commission to conduct audits for the purpose of
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| 3 | | ensuring compliance with this amendatory Act. |
| 4 | | A winery shipper licensee must pay to the Department
of |
| 5 | | Revenue the State liquor gallonage tax under Section 8-1 for
|
| 6 | | all wine that is sold by the licensee and shipped to a person
|
| 7 | | in this State. For the purposes of Section 8-1, a winery
|
| 8 | | shipper licensee shall be taxed in the same manner as a
|
| 9 | | manufacturer of wine. A licensee who is not otherwise required |
| 10 | | to register under the Retailers' Occupation Tax Act must
|
| 11 | | register under the Use Tax Act to collect and remit use tax to
|
| 12 | | the Department of Revenue for all gallons of wine that are sold
|
| 13 | | by the licensee and shipped to persons in this State. If a
|
| 14 | | licensee fails to remit the tax imposed under this Act in
|
| 15 | | accordance with the provisions of Article VIII of this Act, the
|
| 16 | | winery shipper's license shall be revoked in accordance
with |
| 17 | | the provisions of Article VII of this Act. If a licensee
fails |
| 18 | | to properly register and remit tax under the Use Tax Act
or the |
| 19 | | Retailers' Occupation Tax Act for all wine that is sold
by the |
| 20 | | winery shipper and shipped to persons in this
State, the winery |
| 21 | | shipper's license shall be revoked in
accordance with the |
| 22 | | provisions of Article VII of this Act. |
| 23 | | A winery shipper licensee must collect, maintain, and
|
| 24 | | submit to the Commission on a semi-annual basis the
total |
| 25 | | number of cases per resident of wine shipped to residents
of |
| 26 | | this State.
A winery shipper licensed under this subsection (r)
|