Bill Text: IL SB1712 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Liquor Control Act of 1934. Provides that a distributor shall not require a retailer to purchase a minimum quantity of wine or spirits for delivery and shall not charge a retailer a fee for the delivery of wine or spirits. Provides that no retail licensee may purchase wine or spirits from, or possess wine or spirits purchased from, any person other than a distributor or importing distributor, except that a retail licensee may purchase 20 liters or less of wine or spirits from another retail licensee in a one-month period if specified conditions are met. Provides that no original package of wine or spirits may be transferred from one retail licensee to any other retail licensee without permission from the Illinois Liquor Control Commission, except that if the same retailer holds more than one retail license, original packages of wine or spirits may be transferred from one of the retail licensee's licensed locations to another of that retail licensee's licensed locations without prior permission from the State Commission, subject to specified conditions. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-05-29 - Rule 3-9(a) / Re-referred to Assignments [SB1712 Detail]
Download: Illinois-2021-SB1712-Introduced.html
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
1 | AN ACT concerning liquor.
| |||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||
4 | Section 5. The Liquor Control Act of 1934 is amended by | |||||||||||||||||||||||
5 | changing Section 6-9.1 and by adding Sections 6-17.5 and 6-40 | |||||||||||||||||||||||
6 | as follows:
| |||||||||||||||||||||||
7 | (235 ILCS 5/6-9.1)
| |||||||||||||||||||||||
8 | Sec. 6-9.1. Deliveries to retail establishments. (a) A | |||||||||||||||||||||||
9 | distributor of wine or spirits shall deliver to any retailer | |||||||||||||||||||||||
10 | within
any
geographic area in which that distributor has been | |||||||||||||||||||||||
11 | granted by a wholesaler the
right to sell its trademark, | |||||||||||||||||||||||
12 | brand, or name at least once every 2 weeks A distributor shall | |||||||||||||||||||||||
13 | not require a retailer to purchase a minimum quantity of wine | |||||||||||||||||||||||
14 | or spirits for delivery. A distributor shall not charge a | |||||||||||||||||||||||
15 | retailer any fee in any form above the sale price of the wine | |||||||||||||||||||||||
16 | or spirits for the delivery of wine or spirits. if (i)
in
the | |||||||||||||||||||||||
17 | case of a retailer located in a county with a population of at | |||||||||||||||||||||||
18 | least
3,000,000 inhabitants or in a county adjacent to a | |||||||||||||||||||||||
19 | county with at least
3,000,000 inhabitants, the retailer | |||||||||||||||||||||||
20 | agrees to purchase at least $200 of wine or
spirits from the | |||||||||||||||||||||||
21 | distributor every 2 weeks; or (ii) in the case of a retailer
| |||||||||||||||||||||||
22 | located in a county with a population of less than 3,000,000 | |||||||||||||||||||||||
23 | that is not
adjacent to a county with a population of at least |
| |||||||
| |||||||
1 | 3,000,000 inhabitants, the
retailer agrees to purchase at | ||||||
2 | least $50 of wine or spirits from the
distributor
every 2 | ||||||
3 | weeks.
| ||||||
4 | (b) On January 1, 2002 and every 2 years thereafter, the | ||||||
5 | dollar amounts in
items
(i) and (ii) of subsection (a) shall be | ||||||
6 | increased or decreased by a percentage
equal to the percentage | ||||||
7 | increase or decrease in the Consumer Price Index
during the | ||||||
8 | previous 2 years according to the most recent available data.
| ||||||
9 | (Source: P.A. 91-482, eff. 1-1-00.)
| ||||||
10 | (235 ILCS 5/6-17.5 new) | ||||||
11 | Sec. 6-17.5. Purchase of wine or spirits by a retail | ||||||
12 | licensee from another retail licensee. | ||||||
13 | (a) No retail licensee may purchase wine or spirits from, | ||||||
14 | or possess wine or spirits purchased from, any person other | ||||||
15 | than a distributor or importing distributor; however, a retail | ||||||
16 | licensee may purchase 20 liters or less of wine or spirits from | ||||||
17 | another retail licensee in a one-month period if the following | ||||||
18 | conditions are met: | ||||||
19 | (1) All purchases are properly documented with the | ||||||
20 | following information: | ||||||
21 | (A) the license number of each retail licensee | ||||||
22 | involved in the sale; | ||||||
23 | (B) the brand, size, and quantity of the wine or | ||||||
24 | spirits purchased; and | ||||||
25 | (C) the date the purchase was made. |
| |||||||
| |||||||
1 | (2) A copy of the invoice of the sale is submitted to | ||||||
2 | the State Commission from both retail licensees and is | ||||||
3 | retained by both retail licensees. | ||||||
4 | (b) A retail licensee that purchases or sells an original | ||||||
5 | package of wine or spirits as authorized by this Section shall | ||||||
6 | not be deemed to be engaged in business as a wholesaler or | ||||||
7 | distributor based upon the sale authorized by this Section.
| ||||||
8 | (235 ILCS 5/6-40 new) | ||||||
9 | Sec. 6-40. Transfer of wine or spirits by a retail | ||||||
10 | licensee. | ||||||
11 | (a) No original package of wine or spirits may be | ||||||
12 | transferred from one retail licensee to any other retail | ||||||
13 | licensee without permission from the State Commission; | ||||||
14 | however, if the same retail licensee holds more than one | ||||||
15 | retail license, original packages of wine or spirits may be | ||||||
16 | transferred from one of such retail licensee's licensed | ||||||
17 | locations to another of that retail licensee's licensed | ||||||
18 | locations without prior permission from the State Commission, | ||||||
19 | subject to the following conditions: | ||||||
20 | (1) the transfer is made by common carrier; | ||||||
21 | (2) the transfer is made by a licensed | ||||||
22 | distributor's or importing distributor's vehicle; or | ||||||
23 | (3) the transfer is made by a vehicle owned and | ||||||
24 | operated by the licensee. | ||||||
25 | (b) All transfers must be properly documented in the form |
| |||||||
| |||||||
1 | of an invoice in triplicate with the following information: | ||||||
2 | (1) the license number of the retail licensee from | ||||||
3 | which the transfer is to be made and the license number | ||||||
4 | of the retail licensee to which the transfer is to be | ||||||
5 | made; | ||||||
6 | (2) the brand, size, and quantity of the wine or | ||||||
7 | spirits to be transferred; and | ||||||
8 | (3) the date the transfer is to be made. | ||||||
9 | (c) A copy of the invoice must, prior to the transfer, be | ||||||
10 | submitted to the State Commission. A copy of the invoice must | ||||||
11 | be in the possession of the driver until delivery is complete | ||||||
12 | and then retained by the retail licensee to which the transfer | ||||||
13 | is made. A third copy of the invoice must be retained by the | ||||||
14 | retail licensee from which the transfer is made. | ||||||
15 | (d) A retail licensee that transfers or receives an | ||||||
16 | original package of wine or spirits as authorized by this | ||||||
17 | Section shall not be deemed to be engaged in business as a | ||||||
18 | wholesaler or distributor based upon the transfer authorized | ||||||
19 | by this Section. | ||||||
20 | (e) A transfer authorized by this Section shall not be | ||||||
21 | deemed a sale. | ||||||
22 | (f) Transfers of wine or spirits in accordance with this | ||||||
23 | Section may only take place from and to the licensed premises | ||||||
24 | of the retail licensee located within the registered | ||||||
25 | geographic territory of the distributor or importing | ||||||
26 | distributor from whom the retail licensee purchased the |
| |||||||
| |||||||
1 | transferred wine or spirits.
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|