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| Public Act 100-0885
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| SB3019 Enrolled | LRB100 18963 RPS 34213 b |
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AN ACT concerning liquor.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by |
changing Sections 5-1, 6-4, 6-6, 6-8, and 8-1 as follows:
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(235 ILCS 5/5-1) (from Ch. 43, par. 115) |
Sec. 5-1. Licenses issued by the Illinois Liquor Control |
Commission
shall be of the following classes: |
(a) Manufacturer's license - Class 1.
Distiller, Class 2. |
Rectifier, Class 3. Brewer, Class 4. First Class Wine
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Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. |
First Class Winemaker, Class 7. Second Class Winemaker, Class |
8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class |
10. Class 1 Brewer, Class 11. Class 2 Brewer, |
(b) Distributor's license, |
(c) Importing Distributor's license, |
(d) Retailer's license, |
(e) Special Event Retailer's license (not-for-profit), |
(f) Railroad license, |
(g) Boat license, |
(h) Non-Beverage User's license, |
(i) Wine-maker's premises license, |
(j) Airplane license, |
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(k) Foreign importer's license, |
(l) Broker's license, |
(m) Non-resident dealer's
license, |
(n) Brew Pub license, |
(o) Auction liquor license, |
(p) Caterer retailer license, |
(q) Special use permit license, |
(r) Winery shipper's license, |
(s) Craft distiller tasting permit. |
No
person, firm, partnership, corporation, or other legal |
business entity that is
engaged in the manufacturing of wine |
may concurrently obtain and hold a
wine-maker's license and a |
wine manufacturer's license. |
(a) A manufacturer's license shall allow the manufacture,
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importation in bulk, storage, distribution and sale of |
alcoholic liquor
to persons without the State, as may be |
permitted by law and to licensees
in this State as follows: |
Class 1. A Distiller may make sales and deliveries of |
alcoholic liquor to
distillers, rectifiers, importing |
distributors, distributors and
non-beverage users and to no |
other licensees. |
Class 2. A Rectifier, who is not a distiller, as defined |
herein, may make
sales and deliveries of alcoholic liquor to |
rectifiers, importing distributors,
distributors, retailers |
and non-beverage users and to no other licensees. |
Class 3. A Brewer may make sales and deliveries of beer to |
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importing
distributors and distributors and may make sales as |
authorized under subsection (e) of Section 6-4 of this Act. |
Class 4. A first class wine-manufacturer may make sales and |
deliveries of
up to 50,000 gallons of wine to manufacturers,
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importing
distributors and distributors, and to no other |
licensees. |
Class 5. A second class Wine manufacturer may make sales |
and deliveries
of more than 50,000 gallons of wine to |
manufacturers, importing distributors
and distributors and to |
no other licensees. |
Class 6. A first-class wine-maker's license shall allow the |
manufacture
of up to 50,000 gallons of wine per year, and the
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storage
and sale of such
wine to distributors in the State and |
to persons without the
State, as may be permitted by law. A |
person who, prior to June 1, 2008 (the effective date of Public |
Act 95-634), is a holder of a first-class wine-maker's license |
and annually produces more than 25,000 gallons of its own wine |
and who distributes its wine to licensed retailers shall cease |
this practice on or before July 1, 2008 in compliance with |
Public Act 95-634. |
Class 7. A second-class wine-maker's license shall allow |
the manufacture
of between 50,000 and 150,000 gallons of wine |
per year, and
the
storage and sale of such wine
to distributors |
in this State and to persons without the State, as may be
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permitted by law. A person who, prior to June 1, 2008 (the |
effective date of Public Act 95-634), is a holder of a |
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second-class wine-maker's license and annually produces more |
than 25,000 gallons of its own wine and who distributes its |
wine to licensed retailers shall cease this practice on or |
before July 1, 2008 in compliance with Public Act 95-634. |
Class 8. A limited wine-manufacturer may make sales and |
deliveries not to
exceed 40,000 gallons of wine per year to |
distributors, and to
non-licensees in accordance with the |
provisions of this Act. |
Class 9. A craft distiller license shall allow the |
manufacture of up to 100,000 gallons of spirits by distillation |
per year and the storage of such spirits. If a craft distiller |
licensee, including a craft distiller licensee who holds more |
than one craft distiller license, is not affiliated with any |
other manufacturer of spirits, then the craft distiller |
licensee may sell such spirits to distributors in this State |
and up to 2,500 gallons of such spirits to non-licensees to the |
extent permitted by any exemption approved by the Commission |
pursuant to Section 6-4 of this Act. A craft distiller license |
holder may store such spirits at a non-contiguous licensed |
location, but at no time shall a craft distiller license holder |
directly or indirectly produce in the aggregate more than |
100,000 gallons of spirits per year. |
A craft distiller licensee may hold more than one craft |
distiller's license. However, a craft distiller that holds more |
than one craft distiller license shall not manufacture, in the |
aggregate, more than 100,000 gallons of spirits by distillation |
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per year and shall not sell, in the aggregate, more than 2,500 |
gallons of such spirits to non-licensees in accordance with an |
exemption approved by the State Commission pursuant to Section |
6-4 of this Act. |
Any craft distiller licensed under this Act who on July 28, |
2010 (the effective date of Public Act 96-1367) was licensed as |
a distiller and manufactured no more spirits than permitted by |
this Section shall not be required to pay the initial licensing |
fee. |
Class 10. A class 1 brewer license, which may only be |
issued to a licensed brewer or licensed non-resident dealer, |
shall allow the manufacture of up to 930,000 gallons of beer |
per year provided that the class 1 brewer licensee does not |
manufacture more than a combined 930,000 gallons of beer per |
year and is not a member of or affiliated with, directly or |
indirectly, a manufacturer that produces more than 930,000 |
gallons of beer per year or any other alcoholic liquor. A class |
1 brewer licensee may make sales and deliveries to importing |
distributors and distributors and to retail licensees in |
accordance with the conditions set forth in paragraph (18) of |
subsection (a) of Section 3-12 of this Act. |
Class 11. A class 2 brewer license, which may only be |
issued to a licensed brewer or licensed non-resident dealer, |
shall allow the manufacture of up to 3,720,000 gallons of beer |
per year provided that the class 2 brewer licensee does not |
manufacture more than a combined 3,720,000 gallons of beer per |
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year and is not a member of or affiliated with, directly or |
indirectly, a manufacturer that produces more than 3,720,000 |
gallons of beer per year or any other alcoholic liquor. A class |
2 brewer licensee may make sales and deliveries to importing |
distributors and distributors, but shall not make sales or |
deliveries to any other licensee. If the State Commission |
provides prior approval, a class 2 brewer licensee may annually |
transfer up to 3,720,000 gallons of beer manufactured by that |
class 2 brewer licensee to the premises of a licensed class 2 |
brewer wholly owned and operated by the same licensee. |
(a-1) A manufacturer which is licensed in this State to |
make sales or
deliveries of alcoholic liquor to licensed |
distributors or importing distributors and which enlists |
agents, representatives, or
individuals acting on its behalf |
who contact licensed retailers on a regular
and continual basis |
in this State must register those agents, representatives,
or |
persons acting on its behalf with the State Commission. |
Registration of agents, representatives, or persons acting |
on behalf of a
manufacturer is fulfilled by submitting a form |
to the Commission. The form
shall be developed by the |
Commission and shall include the name and address of
the |
applicant, the name and address of the manufacturer he or she |
represents,
the territory or areas assigned to sell to or |
discuss pricing terms of
alcoholic liquor, and any other |
questions deemed appropriate and necessary.
All statements in |
the forms required to be made by law or by rule shall be
deemed |
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material, and any person who knowingly misstates any material |
fact under
oath in an application is guilty of a Class B |
misdemeanor. Fraud,
misrepresentation, false statements, |
misleading statements, evasions, or
suppression of material |
facts in the securing of a registration are grounds for
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suspension or revocation of the registration. The State |
Commission shall post a list of registered agents on the |
Commission's website. |
(b) A distributor's license shall allow the wholesale |
purchase and storage
of alcoholic liquors and sale of alcoholic |
liquors to licensees
in this State and to persons without the |
State, as may be permitted by law. No person licensed as a |
distributor shall be granted a non-resident dealer's license. |
(c) An importing distributor's license may be issued to and |
held by
those only who are duly licensed distributors, upon the |
filing of an
application by a duly licensed distributor, with |
the Commission and
the Commission shall, without the
payment of |
any fee, immediately issue such importing distributor's
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license to the applicant, which shall allow the importation of |
alcoholic
liquor by the licensee into this State from any point |
in the United
States outside this State, and the purchase of |
alcoholic liquor in
barrels, casks or other bulk containers and |
the bottling of such
alcoholic liquors before resale thereof, |
but all bottles or containers
so filled shall be sealed, |
labeled, stamped and otherwise made to comply
with all |
provisions, rules and regulations governing manufacturers in
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the preparation and bottling of alcoholic liquors. The |
importing
distributor's license shall permit such licensee to |
purchase alcoholic
liquor from Illinois licensed non-resident |
dealers and foreign importers only. No person licensed as an |
importing distributor shall be granted a non-resident dealer's |
license. |
(d) A retailer's license shall allow the licensee to sell |
and offer
for sale at retail, only in the premises specified in |
the license,
alcoholic liquor for use or consumption, but not |
for resale in any form. Nothing in Public Act 95-634 shall |
deny, limit, remove, or restrict the ability of a holder of a |
retailer's license to transfer, deliver, or ship alcoholic |
liquor to the purchaser for use or consumption subject to any |
applicable local law or ordinance. Any retail license issued to |
a manufacturer shall only
permit the manufacturer to sell beer |
at retail on the premises actually
occupied by the |
manufacturer. For the purpose of further describing the type of |
business conducted at a retail licensed premises, a retailer's |
licensee may be designated by the State Commission as (i) an on |
premise consumption retailer, (ii) an off premise sale |
retailer, or (iii) a combined on premise consumption and off |
premise sale retailer.
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Notwithstanding any other provision of this subsection |
(d), a retail
licensee may sell alcoholic liquors to a special |
event retailer licensee for
resale to the extent permitted |
under subsection (e). |
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(e) A special event retailer's license (not-for-profit) |
shall permit the
licensee to purchase alcoholic liquors from an |
Illinois licensed distributor
(unless the licensee purchases |
less than $500 of alcoholic liquors for the
special event, in |
which case the licensee may purchase the alcoholic liquors
from |
a licensed retailer) and shall allow the licensee to sell and |
offer for
sale, at retail, alcoholic liquors for use or |
consumption, but not for resale
in any form and only at the |
location and on the specific dates designated for
the special |
event in the license. An applicant for a special event retailer
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license must
(i) furnish with the application: (A) a resale |
number issued under Section
2c of the Retailers' Occupation Tax |
Act or evidence that the applicant is
registered under Section |
2a of the Retailers' Occupation Tax Act, (B) a
current, valid |
exemption identification
number issued under Section 1g of the |
Retailers' Occupation Tax Act, and a
certification to the |
Commission that the purchase of alcoholic liquors will be
a |
tax-exempt purchase, or (C) a statement that the applicant is |
not registered
under Section 2a of the Retailers' Occupation |
Tax Act, does not hold a resale
number under Section 2c of the |
Retailers' Occupation Tax Act, and does not
hold an exemption |
number under Section 1g of the Retailers' Occupation Tax
Act, |
in which event the Commission shall set forth on the special |
event
retailer's license a statement to that effect; (ii) |
submit with the application proof satisfactory to
the State |
Commission that the applicant will provide dram shop liability
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insurance in the maximum limits; and (iii) show proof |
satisfactory to the
State Commission that the applicant has |
obtained local authority
approval. |
Nothing in this Act prohibits an Illinois licensed |
distributor from offering credit or a refund for unused, |
salable alcoholic liquors to a holder of a special event |
retailer's license or from the special event retailer's |
licensee accepting the credit or refund of alcoholic liquors at |
the conclusion of the event specified in the license. |
(f) A railroad license shall permit the licensee to import |
alcoholic
liquors into this State from any point in the United |
States outside this
State and to store such alcoholic liquors |
in this State; to make wholesale
purchases of alcoholic liquors |
directly from manufacturers, foreign
importers, distributors |
and importing distributors from within or outside
this State; |
and to store such alcoholic liquors in this State; provided
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that the above powers may be exercised only in connection with |
the
importation, purchase or storage of alcoholic liquors to be |
sold or
dispensed on a club, buffet, lounge or dining car |
operated on an electric,
gas or steam railway in this State; |
and provided further, that railroad
licensees exercising the |
above powers shall be subject to all provisions of
Article VIII |
of this Act as applied to importing distributors. A railroad
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license shall also permit the licensee to sell or dispense |
alcoholic
liquors on any club, buffet, lounge or dining car |
operated on an electric,
gas or steam railway regularly |
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operated by a common carrier in this State,
but shall not |
permit the sale for resale of any alcoholic liquors to any
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licensee within this State. A license shall be obtained for |
each car in which
such sales are made. |
(g) A boat license shall allow the sale of alcoholic liquor |
in
individual drinks, on any passenger boat regularly operated |
as a common
carrier on navigable waters in this State or on any |
riverboat operated
under
the Riverboat Gambling Act, which boat |
or riverboat maintains a public
dining room or restaurant |
thereon. |
(h) A non-beverage user's license shall allow the licensee |
to
purchase alcoholic liquor from a licensed manufacturer or |
importing
distributor, without the imposition of any tax upon |
the business of such
licensed manufacturer or importing |
distributor as to such alcoholic
liquor to be used by such |
licensee solely for the non-beverage purposes
set forth in |
subsection (a) of Section 8-1 of this Act, and
such licenses |
shall be divided and classified and shall permit the
purchase, |
possession and use of limited and stated quantities of
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alcoholic liquor as follows: |
Class 1, not to exceed ......................... 500 gallons
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Class 2, not to exceed ....................... 1,000 gallons
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Class 3, not to exceed ....................... 5,000 gallons
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Class 4, not to exceed ...................... 10,000 gallons
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Class 5, not to exceed ....................... 50,000 gallons |
(i) A wine-maker's premises license shall allow a
licensee |
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that concurrently holds a first-class wine-maker's license to |
sell
and offer for sale at retail in the premises specified in |
such license
not more than 50,000 gallons of the first-class |
wine-maker's wine that is
made at the first-class wine-maker's |
licensed premises per year for use or
consumption, but not for |
resale in any form. A wine-maker's premises
license shall allow |
a licensee who concurrently holds a second-class
wine-maker's |
license to sell and offer for sale at retail in the premises
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specified in such license up to 100,000 gallons of the
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second-class wine-maker's wine that is made at the second-class |
wine-maker's
licensed premises per year
for use or consumption |
but not for resale in any form. A wine-maker's premises license |
shall allow a
licensee that concurrently holds a first-class |
wine-maker's license or a second-class
wine-maker's license to |
sell
and offer for sale at retail at the premises specified in |
the wine-maker's premises license, for use or consumption but |
not for resale in any form, any beer, wine, and spirits |
purchased from a licensed distributor. Upon approval from the
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State Commission, a wine-maker's premises license
shall allow |
the licensee to sell and offer for sale at (i) the wine-maker's
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licensed premises and (ii) at up to 2 additional locations for |
use and
consumption and not for resale. Each location shall |
require additional
licensing per location as specified in |
Section 5-3 of this Act. A wine-maker's premises licensee shall
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secure liquor liability insurance coverage in an amount at
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least equal to the maximum liability amounts set forth in
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subsection (a) of Section 6-21 of this Act.
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(j) An airplane license shall permit the licensee to import
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alcoholic liquors into this State from any point in the United |
States
outside this State and to store such alcoholic liquors |
in this State; to
make wholesale purchases of alcoholic liquors |
directly from
manufacturers, foreign importers, distributors |
and importing
distributors from within or outside this State; |
and to store such
alcoholic liquors in this State; provided |
that the above powers may be
exercised only in connection with |
the importation, purchase or storage
of alcoholic liquors to be |
sold or dispensed on an airplane; and
provided further, that |
airplane licensees exercising the above powers
shall be subject |
to all provisions of Article VIII of this Act as
applied to |
importing distributors. An airplane licensee shall also
permit |
the sale or dispensing of alcoholic liquors on any passenger
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airplane regularly operated by a common carrier in this State, |
but shall
not permit the sale for resale of any alcoholic |
liquors to any licensee
within this State. A single airplane |
license shall be required of an
airline company if liquor |
service is provided on board aircraft in this
State. The annual |
fee for such license shall be as determined in
Section 5-3. |
(k) A foreign importer's license shall permit such licensee |
to purchase
alcoholic liquor from Illinois licensed |
non-resident dealers only, and to
import alcoholic liquor other |
than in bulk from any point outside the
United States and to |
sell such alcoholic liquor to Illinois licensed
importing |
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distributors and to no one else in Illinois;
provided that (i) |
the foreign importer registers with the State Commission
every
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brand of
alcoholic liquor that it proposes to sell to Illinois |
licensees during the
license period, (ii) the foreign importer |
complies with all of the provisions
of Section
6-9 of this Act |
with respect to registration of such Illinois licensees as may
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be granted the
right to sell such brands at wholesale, and |
(iii) the foreign importer complies with the provisions of |
Sections 6-5 and 6-6 of this Act to the same extent that these |
provisions apply to manufacturers. |
(l) (i) A broker's license shall be required of all persons
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who solicit
orders for, offer to sell or offer to supply |
alcoholic liquor to
retailers in the State of Illinois, or who |
offer to retailers to ship or
cause to be shipped or to make |
contact with distillers, rectifiers,
brewers or manufacturers |
or any other party within or without the State
of Illinois in |
order that alcoholic liquors be shipped to a distributor,
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importing distributor or foreign importer, whether such |
solicitation or
offer is consummated within or without the |
State of Illinois. |
No holder of a retailer's license issued by the Illinois |
Liquor
Control Commission shall purchase or receive any |
alcoholic liquor, the
order for which was solicited or offered |
for sale to such retailer by a
broker unless the broker is the |
holder of a valid broker's license. |
The broker shall, upon the acceptance by a retailer of the |
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broker's
solicitation of an order or offer to sell or supply or |
deliver or have
delivered alcoholic liquors, promptly forward |
to the Illinois Liquor
Control Commission a notification of |
said transaction in such form as
the Commission may by |
regulations prescribe. |
(ii) A broker's license shall be required of
a person |
within this State, other than a retail licensee,
who, for a fee |
or commission, promotes, solicits, or accepts orders for
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alcoholic liquor, for use or consumption and not for
resale, to |
be shipped from this State and delivered to residents outside |
of
this State by an express company, common carrier, or |
contract carrier.
This Section does not apply to any person who |
promotes, solicits, or accepts
orders for wine as specifically |
authorized in Section 6-29 of this Act. |
A broker's license under this subsection (l)
shall not |
entitle the holder to
buy or sell any
alcoholic liquors for his |
own account or to take or deliver title to
such alcoholic |
liquors. |
This subsection (l)
shall not apply to distributors, |
employees of
distributors, or employees of a manufacturer who |
has registered the
trademark, brand or name of the alcoholic |
liquor pursuant to Section 6-9
of this Act, and who regularly |
sells such alcoholic liquor
in the State of Illinois only to |
its registrants thereunder. |
Any agent, representative, or person subject to |
registration pursuant to
subsection (a-1) of this Section shall |
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not be eligible to receive a broker's
license. |
(m) A non-resident dealer's license shall permit such |
licensee to ship
into and warehouse alcoholic liquor into this |
State from any point
outside of this State, and to sell such |
alcoholic liquor to Illinois licensed
foreign importers and |
importing distributors and to no one else in this State;
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provided that (i) said non-resident dealer shall register with |
the Illinois Liquor
Control Commission each and every brand of |
alcoholic liquor which it proposes
to sell to Illinois |
licensees during the license period, (ii) it shall comply with |
all of the provisions of Section 6-9 hereof with
respect to |
registration of such Illinois licensees as may be granted the |
right
to sell such brands at wholesale, and (iii) the |
non-resident dealer shall comply with the provisions of |
Sections 6-5 and 6-6 of this Act to the same extent that these |
provisions apply to manufacturers. No person licensed as a |
non-resident dealer shall be granted a distributor's or |
importing distributor's license. |
(n) A brew pub license shall allow the licensee to only (i) |
manufacture up to 155,000 gallons of beer per year only
on the |
premises specified in the license, (ii) make sales of the
beer |
manufactured on the premises or, with the approval of the |
Commission, beer manufactured on another brew pub licensed |
premises that is wholly owned and operated by the same licensee |
to importing distributors, distributors,
and to non-licensees |
for use and consumption, (iii) store the beer upon
the |
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premises, (iv) sell and offer for sale at retail from the |
licensed
premises for off-premises
consumption no more than |
155,000 gallons per year so long as such sales are only made |
in-person, (v) sell and offer for sale at retail for use and |
consumption on the premises specified in the license any form |
of alcoholic liquor purchased from a licensed distributor or |
importing distributor, and (vi) with the prior approval of the |
Commission, annually transfer no more than 155,000 gallons of |
beer manufactured on the premises to a licensed brew pub wholly |
owned and operated by the same licensee. |
A brew pub licensee shall not under any circumstance sell |
or offer for sale beer manufactured by the brew pub licensee to |
retail licensees. |
A person who holds a class 2 brewer license may |
simultaneously hold a brew pub license if the class 2 brewer |
(i) does not, under any circumstance, sell or offer for sale |
beer manufactured by the class 2 brewer to retail licensees; |
(ii) does not hold more than 3 brew pub licenses in this State; |
(iii) does not manufacture more than a combined 3,720,000 |
gallons of beer per year, including the beer manufactured at |
the brew pub; and (iv) is not a member of or affiliated with, |
directly or indirectly, a manufacturer that produces more than |
3,720,000 gallons of beer per year or any other alcoholic |
liquor. |
Notwithstanding any other provision of this Act, a licensed |
brewer, class 2 brewer, or non-resident dealer who before July |
|
1, 2015 manufactured less than 3,720,000 gallons of beer per |
year and held a brew pub license on or before July 1, 2015 may |
(i) continue to qualify for and hold that brew pub license for |
the licensed premises and (ii) manufacture more than 3,720,000 |
gallons of beer per year and continue to qualify for and hold |
that brew pub license if that brewer, class 2 brewer, or |
non-resident dealer does not simultaneously hold a class 1 |
brewer license and is not a member of or affiliated with, |
directly or indirectly, a manufacturer that produces more than |
3,720,000 gallons of beer per year or that produces any other |
alcoholic liquor. |
(o) A caterer retailer license shall allow the holder
to |
serve alcoholic liquors as an incidental part of a food service |
that serves
prepared meals which excludes the serving of snacks |
as
the primary meal, either on or off-site whether licensed or |
unlicensed. |
(p) An auction liquor license shall allow the licensee to |
sell and offer
for sale at auction wine and spirits for use or |
consumption, or for resale by
an Illinois liquor licensee in |
accordance with provisions of this Act. An
auction liquor |
license will be issued to a person and it will permit the
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auction liquor licensee to hold the auction anywhere in the |
State. An auction
liquor license must be obtained for each |
auction at least 14 days in advance of
the auction date. |
(q) A special use permit license shall allow an Illinois |
licensed
retailer to transfer a portion of its alcoholic liquor |
|
inventory from its
retail licensed premises to the premises |
specified in the license hereby
created, and to sell or offer |
for sale at retail, only in the premises
specified in the |
license hereby created, the transferred alcoholic liquor for
|
use or consumption, but not for resale in any form. A special |
use permit
license may be granted for the following time |
periods: one day or less; 2 or
more days to a maximum of 15 days |
per location in any 12-month period. An
applicant for the |
special use permit license must also submit with the
|
application proof satisfactory to the State Commission that the |
applicant will
provide dram shop liability insurance to the |
maximum limits and have local
authority approval. |
(r) A winery shipper's license shall allow a person
with a |
first-class or second-class wine manufacturer's
license, a |
first-class or second-class wine-maker's license,
or a limited |
wine manufacturer's license or who is licensed to
make wine |
under the laws of another state to ship wine
made by that |
licensee directly to a resident of this
State who is 21 years |
of age or older for that resident's
personal use and not for |
resale. Prior to receiving a
winery shipper's license, an |
applicant for the license must
provide the Commission with a |
true copy of its current
license in any state in which it is |
licensed as a manufacturer
of wine. An applicant for a winery |
shipper's license must
also complete an application form that |
provides any other
information the Commission deems necessary. |
The application form shall include all addresses from which the |
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applicant for a winery shipper's license intends to ship wine, |
including the name and address of any third party, except for a |
common carrier, authorized to ship wine on behalf of the |
manufacturer. The
application form shall include an |
acknowledgement consenting
to the jurisdiction of the |
Commission, the Illinois
Department of Revenue, and the courts |
of this State concerning
the enforcement of this Act and any |
related laws, rules, and
regulations, including authorizing |
the Department of Revenue
and the Commission to conduct audits |
for the purpose of
ensuring compliance with Public Act 95-634, |
and an acknowledgement that the wine manufacturer is in |
compliance with Section 6-2 of this Act. Any third party, |
except for a common carrier, authorized to ship wine on behalf |
of a first-class or second-class wine manufacturer's licensee, |
a first-class or second-class wine-maker's licensee, a limited |
wine manufacturer's licensee, or a person who is licensed to |
make wine under the laws of another state shall also be |
disclosed by the winery shipper's licensee, and a copy of the |
written appointment of the third-party wine provider, except |
for a common carrier, to the wine manufacturer shall be filed |
with the State Commission as a supplement to the winery |
shipper's license application or any renewal thereof. The |
winery shipper's license holder shall affirm under penalty of |
perjury, as part of the winery shipper's license application or |
renewal, that he or she only ships wine, either directly or |
indirectly through a third-party provider, from the licensee's |
|
own production. |
Except for a common carrier, a third-party provider |
shipping wine on behalf of a winery shipper's license holder is |
the agent of the winery shipper's license holder and, as such, |
a winery shipper's license holder is responsible for the acts |
and omissions of the third-party provider acting on behalf of |
the license holder. A third-party provider, except for a common |
carrier, that engages in shipping wine into Illinois on behalf |
of a winery shipper's license holder shall consent to the |
jurisdiction of the State Commission and the State. Any |
third-party, except for a common carrier, holding such an |
appointment shall, by February 1 of each calendar year and upon |
request by the State Commission or the Department of Revenue, |
file with the State Commission a statement detailing each |
shipment made to an Illinois resident. The statement shall |
include the name and address of the third-party provider filing |
the statement, the time period covered by the statement, and |
the following information: |
(1) the name, address, and license number of the winery |
shipper on whose behalf the shipment was made; |
(2) the quantity of the products delivered; and |
(3) the date and address of the shipment. |
If the Department of Revenue or the State Commission requests a |
statement under this paragraph, the third-party provider must |
provide that statement no later than 30 days after the request |
is made. Any books, records, supporting papers, and documents |
|
containing information and data relating to a statement under |
this paragraph shall be kept and preserved for a period of 3 |
years, unless their destruction sooner is authorized, in |
writing, by the Director of Revenue, and shall be open and |
available to inspection by the Director of Revenue or the State |
Commission or any duly authorized officer, agent, or employee |
of the State Commission or the Department of Revenue, at all |
times during business hours of the day. Any person who violates |
any provision of this paragraph or any rule of the State |
Commission for the administration and enforcement of the |
provisions of this paragraph is guilty of a Class C |
misdemeanor. In case of a continuing violation, each day's |
continuance thereof shall be a separate and distinct offense. |
The State Commission shall adopt rules as soon as |
practicable to implement the requirements of Public Act 99-904 |
and shall adopt rules prohibiting any such third-party |
appointment of a third-party provider, except for a common |
carrier, that has been deemed by the State Commission to have |
violated the provisions of this Act with regard to any winery |
shipper licensee. |
A winery shipper licensee must pay to the Department
of |
Revenue the State liquor gallonage tax under Section 8-1 for
|
all wine that is sold by the licensee and shipped to a person
|
in this State. For the purposes of Section 8-1, a winery
|
shipper licensee shall be taxed in the same manner as a
|
manufacturer of wine. A licensee who is not otherwise required |
|
to register under the Retailers' Occupation Tax Act must
|
register under the Use Tax Act to collect and remit use tax to
|
the Department of Revenue for all gallons of wine that are sold
|
by the licensee and shipped to persons in this State. If a
|
licensee fails to remit the tax imposed under this Act in
|
accordance with the provisions of Article VIII of this Act, the
|
winery shipper's license shall be revoked in accordance
with |
the provisions of Article VII of this Act. If a licensee
fails |
to properly register and remit tax under the Use Tax Act
or the |
Retailers' Occupation Tax Act for all wine that is sold
by the |
winery shipper and shipped to persons in this
State, the winery |
shipper's license shall be revoked in
accordance with the |
provisions of Article VII of this Act. |
A winery shipper licensee must collect, maintain, and
|
submit to the Commission on a semi-annual basis the
total |
number of cases per resident of wine shipped to residents
of |
this State.
A winery shipper licensed under this subsection (r)
|
must comply with the requirements of Section 6-29 of this Act. |
Pursuant to paragraph (5.1) or (5.3) of subsection (a) of |
Section 3-12, the State Commission may receive, respond to, and |
investigate any complaint and impose any of the remedies |
specified in paragraph (1) of subsection (a) of Section 3-12. |
As used in this subsection, "third-party provider" means |
any entity that provides fulfillment house services, including |
warehousing, packaging, distribution, order processing, or |
shipment of wine, but not the sale of wine, on behalf of a |
|
licensed winery shipper. |
(s) A craft distiller tasting permit license shall allow an |
Illinois licensed craft distiller to transfer a portion of its |
alcoholic liquor inventory from its craft distiller licensed |
premises to the premises specified in the license hereby |
created and to conduct a sampling, only in the premises |
specified in the license hereby created, of the transferred |
alcoholic liquor in accordance with subsection (c) of Section |
6-31 of this Act. The transferred alcoholic liquor may not be |
sold or resold in any form. An applicant for the craft |
distiller tasting permit license must also submit with the |
application proof satisfactory to the State Commission that the |
applicant will provide dram shop liability insurance to the |
maximum limits and have local authority approval. |
(Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16; |
99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff. |
1-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17.)
|
(235 ILCS 5/6-4) (from Ch. 43, par. 121)
|
Sec. 6-4. (a) No person licensed by any licensing authority |
as a
distiller, or a wine manufacturer, or any subsidiary or |
affiliate
thereof, or any officer, associate, member, partner, |
representative,
employee, agent or shareholder owning more |
than 5% of the outstanding
shares of such person shall be |
issued an importing distributor's or
distributor's license, |
nor shall any person licensed by any licensing
authority as an |
|
importing distributor, distributor or retailer, or any
|
subsidiary or affiliate thereof, or any officer or associate, |
member,
partner, representative, employee, agent or |
shareholder owning more than
5% of the outstanding shares of |
such person be issued a distiller's
license, a craft |
distiller's license, or a wine manufacturer's license; and no |
person or persons
licensed as a distiller or craft distiller by |
any licensing authority shall have any
interest, directly or |
indirectly, with such distributor or importing
distributor.
|
However, an importing distributor or distributor, which on |
January
1, 1985 is owned by a brewer, or any subsidiary or |
affiliate thereof or any
officer, associate, member, partner, |
representative, employee, agent or
shareholder owning more |
than 5% of the outstanding shares of the importing
distributor |
or distributor referred to in this paragraph, may own or
|
acquire an ownership interest of more than 5% of the |
outstanding shares of
a wine manufacturer and be issued a wine
|
manufacturer's license by any licensing authority.
|
(b) The foregoing provisions shall not apply to any person |
licensed
by any licensing authority as a distiller or wine |
manufacturer, or to
any subsidiary or affiliate of any |
distiller or wine manufacturer who
shall have been heretofore |
licensed by the State Commission as either an
importing |
distributor or distributor during the annual licensing period
|
expiring June 30, 1947, and shall actually have made sales |
regularly to
retailers.
|
|
(c) Provided, however, that in such instances where a |
distributor's
or importing distributor's license has been |
issued to any distiller or
wine manufacturer or to any |
subsidiary or affiliate of any distiller or
wine manufacturer |
who has, during the licensing period ending June 30,
1947, sold |
or distributed as such licensed distributor or importing
|
distributor alcoholic liquors and wines to retailers, such |
distiller or
wine manufacturer or any subsidiary or affiliate |
of any distiller or
wine manufacturer holding such |
distributor's or importing distributor's
license may continue |
to sell or distribute to retailers such alcoholic
liquors and |
wines which are manufactured, distilled, processed or
marketed |
by distillers and wine manufacturers whose products it sold or
|
distributed to retailers during the whole or any part of its |
licensing
periods; and such additional brands and additional |
products may be added
to the line of such distributor or |
importing distributor, provided, that
such brands and such |
products were not sold or distributed by any
distributor or |
importing distributor licensed by the State Commission
during |
the licensing period ending June 30, 1947, but can not sell or
|
distribute to retailers any other alcoholic liquors or wines.
|
(d) It shall be unlawful for any distiller licensed |
anywhere to have
any stock ownership or interest in any |
distributor's or importing
distributor's license wherein any |
other person has an interest therein
who is not a distiller and |
does not own more than 5% of any stock in any
distillery. |
|
Nothing herein contained shall apply to such distillers or
|
their subsidiaries or affiliates, who had a distributor's or |
importing
distributor's license during the licensing period |
ending June 30, 1947,
which license was owned in whole by such |
distiller, or subsidiaries or
affiliates of such distiller.
|
(e) Any person licensed as a brewer, class 1 brewer, or |
class 2 brewer shall be
permitted to sell on the licensed |
premises to non-licensees for on or off-premises consumption |
for the premises in which he
or she actually conducts such |
business beer manufactured by the brewer, class 1 brewer, or |
class 2 brewer. Such sales shall be limited to on-premises, |
in-person sales only, for lawful consumption on or off |
premises. Such authorization shall be considered a privilege |
granted by the brewer license and, other than a manufacturer of |
beer
as stated above, no manufacturer or distributor or |
importing
distributor, excluding airplane licensees exercising |
powers provided in
paragraph (i) of Section 5-1 of this Act, or |
any subsidiary or affiliate
thereof, or any officer,
associate, |
member, partner, representative, employee or agent, or
|
shareholder shall be issued a retailer's license, nor shall any |
person
having a retailer's license, excluding airplane |
licensees exercising powers
provided in paragraph (i) of |
Section 5-1 of this
Act, or any subsidiary or affiliate |
thereof, or
any officer, associate, member, partner, |
representative or agent, or
shareholder be issued a |
manufacturer's license or importing distributor's
license.
|
|
A manufacturer of beer that imports or transfers beer into |
this State must comply with Sections 6-8 and 8-1 of this Act. |
A person who holds a class 1 or class 2 brewer license and |
is authorized by this Section to sell beer to non-licensees |
shall not sell beer to non-licensees from more than 3 total |
brewer or commonly owned brew pub licensed locations in this |
State. The class 1 or class 2 brewer shall designate to the |
State Commission the brewer or brew pub locations from which it |
will sell beer to non-licensees. |
A person licensed as a craft distiller, including a person |
who holds more than one craft distiller license, not affiliated |
with any other person manufacturing spirits may be authorized |
by the Commission to sell up to 2,500 gallons of spirits |
produced by the person to non-licensees for on or off-premises |
consumption for the premises in which he or she actually |
conducts business permitting only the retail sale of spirits |
manufactured at such premises. Such sales shall be limited to |
on-premises, in-person sales only, for lawful consumption on or |
off premises, and such authorization shall be considered a |
privilege granted by the craft distiller license. A craft |
distiller licensed for retail sale shall secure liquor |
liability insurance coverage in an amount at least equal to the |
maximum liability amounts set forth in subsection (a) of |
Section 6-21 of this Act. |
A craft distiller license holder shall not deliver any |
alcoholic liquor to any non-licensee off the licensed premises. |
|
A craft distiller shall affirm in its annual craft distiller's |
license application that it does not produce more than 100,000 |
gallons of distilled spirits annually and that the craft |
distiller does not sell more than 2,500 gallons of spirits to |
non-licensees for on or off-premises consumption. In the |
application, which shall be sworn under penalty of perjury, the |
craft distiller shall state the volume of production and sales |
for each year since the craft distiller's establishment. |
(f) (Blank).
|
(g) Notwithstanding any of the foregoing prohibitions, a |
limited wine
manufacturer may sell at retail at its |
manufacturing site for on or off
premises consumption and may |
sell to distributors. A limited wine manufacturer licensee
|
shall secure liquor liability insurance coverage in an amount
|
at least equal to the maximum liability amounts set forth in
|
subsection (a) of Section 6-21 of this Act.
|
(h) The changes made to this Section by Public Act 99-47 |
shall not diminish or impair the rights of any person, whether |
a distiller, wine manufacturer, agent, or affiliate thereof, |
who requested in writing and submitted documentation to the |
State Commission on or before February 18, 2015 to be approved |
for a retail license pursuant to what has heretofore been |
subsection (f); provided that, on or before that date, the |
State Commission considered the intent of that person to apply |
for the retail license under that subsection and, by recorded |
vote, the State Commission approved a resolution indicating |
|
that such a license application could be lawfully approved upon |
that person duly filing a formal application for a retail |
license and if that person, within 90 days of the State |
Commission appearance and recorded vote, first filed an |
application with the appropriate local commission, which |
application was subsequently approved by the appropriate local |
commission prior to consideration by the State Commission of |
that person's application for a retail license. It is further |
provided that the State Commission may approve the person's |
application for a retail license or renewals of such license if |
such person continues to diligently adhere to all |
representations made in writing to the State Commission on or |
before February 18, 2015, or thereafter, or in the affidavit |
filed by that person with the State Commission to support the |
issuance of a retail license and to abide by all applicable |
laws and duly adopted rules. |
(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15; |
99-642, eff. 7-28-16; 99-902, eff. 8-26-16; 100-201, eff. |
8-18-17.)
|
(235 ILCS 5/6-6) (from Ch. 43, par. 123)
|
Sec. 6-6.
Except as otherwise provided in this Act no |
manufacturer or
distributor or importing distributor shall, |
directly or indirectly,
sell, supply, furnish, give or pay for, |
or loan or lease, any
furnishing, fixture or equipment on the |
premises of a place of business
of another licensee authorized |
|
under this Act to sell alcoholic liquor
at retail, either for |
consumption on or off the premises, nor shall he or she,
|
directly or indirectly, pay for any such license, or advance, |
furnish,
lend or give money for payment of such license, or |
purchase or become
the owner of any note, mortgage, or other |
evidence of indebtedness of
such licensee or any form of |
security therefor, nor shall such
manufacturer, or |
distributor, or importing distributor, directly or
indirectly, |
be interested in the ownership, conduct or operation of the
|
business of any licensee authorized to sell alcoholic liquor at |
retail,
nor shall any manufacturer, or distributor, or |
importing distributor be
interested directly or indirectly or |
as owner or part owner of said
premises or as lessee or lessor |
thereof, in any premises upon which
alcoholic liquor is sold at |
retail.
|
No manufacturer or distributor or importing distributor |
shall,
directly or indirectly or through a subsidiary or |
affiliate, or by any
officer, director or firm of such |
manufacturer, distributor or importing
distributor, furnish, |
give, lend or rent, install, repair or maintain,
to or for any |
retail licensee in this State, any
signs or inside advertising |
materials except as provided in this Section and
Section 6-5. |
With respect to
retail licensees, other than any government |
owned or operated auditorium,
exhibition hall, recreation |
facility or other similar facility holding a
retailer's license |
as described in Section 6-5, a manufacturer,
distributor, or |
|
importing distributor may furnish, give, lend or rent and
|
erect, install, repair and maintain to or for any retail |
licensee, for use
at any one time in or about or in connection |
with a retail establishment on
which the products of the |
manufacturer, distributor or importing
distributor are sold, |
the following signs and inside advertising materials
as |
authorized in subparts (i), (ii), (iii), and (iv):
|
(i) Permanent outside signs shall cost be limited to |
one outside sign, per
brand, in place and in use at any one |
time,
costing not more than $3,000 per manufacturer $893, |
exclusive of erection,
installation, repair and |
maintenance costs, and permit fees and
shall bear only the |
manufacturer's name, brand name, trade name, slogans,
|
markings, trademark, or other symbols commonly associated |
with and generally
used in identifying the product |
including, but not limited to, "cold beer", "on
tap", |
"carry out", and "packaged liquor".
|
(ii) Temporary outside signs shall include, but not be |
limited to, be
limited to one temporary outside sign per |
brand. Examples of temporary outside
signs are banners, |
flags, pennants,
streamers, and other items of a temporary |
and non-permanent
nature, and shall cost not more than |
$1,000 per manufacturer. Each temporary outside sign must |
include the manufacturer's name,
brand name, trade name, |
slogans, markings,
trademark, or other symbol commonly |
associated with and generally used in
identifying the |
|
product. Temporary outside signs may also include,
for |
example, the product,
price, packaging, date or dates of a |
promotion and an announcement of a
retail licensee's |
specific sponsored event, if the temporary outside sign is
|
intended to promote a product, and provided that the |
announcement of the retail
licensee's event and the product |
promotion are held simultaneously. However,
temporary |
outside signs may not include names, slogans, markings, or |
logos that
relate to the retailer. Nothing in this subpart |
(ii) shall prohibit a
distributor or importing distributor |
from bearing the cost of creating or
printing a temporary |
outside sign for the retail licensee's specific sponsored
|
event or from bearing the cost of creating or printing a |
temporary sign for a
retail licensee containing, for |
example, community goodwill expressions,
regional sporting |
event announcements, or seasonal messages, provided that |
the
primary purpose of the temporary outside sign is to |
highlight, promote, or
advertise the product.
In addition, |
temporary outside signs provided by the manufacturer to
the |
distributor or importing distributor may also include, for |
example, subject
to the limitations of this Section, |
preprinted community goodwill expressions,
sporting event |
announcements, seasonal messages, and manufacturer |
promotional
announcements. However, a distributor or |
importing distributor shall not bear
the cost of such |
manufacturer preprinted signs.
|
|
(iii) Permanent inside
signs, whether visible from the |
outside or the inside of the premises,
include, but are not |
limited to: alcohol lists and menus that may include
names, |
slogans, markings, or logos that relate to the retailer; |
neons;
illuminated signs; clocks; table lamps; mirrors; |
tap handles; decalcomanias;
window painting; and window |
trim. All neons, illuminated signs, clocks, table lamps, |
mirrors, and tap handles are the property of the |
manufacturer and shall be returned to the manufacturer or |
its agent upon request. All permanent inside signs in place
|
and in use at any one time shall cost in the aggregate not |
more than $6,000 $2000 per
manufacturer. A permanent inside |
sign must include the
manufacturer's name, brand name, |
trade name, slogans, markings, trademark, or
other symbol |
commonly associated with and generally used in identifying
|
the product. However,
permanent inside signs may not |
include names, slogans, markings, or logos
that relate to |
the retailer. For the purpose of this subpart (iii), all
|
permanent inside signs may be displayed in an adjacent |
courtyard or patio
commonly referred to as a "beer garden" |
that is a part of the retailer's
licensed premises.
|
(iv) Temporary inside signs shall include, but are not |
limited to, lighted
chalk boards, acrylic table tent |
beverage or hors d'oeuvre list holders,
banners, flags, |
pennants, streamers, and inside advertising materials such |
as
posters, placards, bowling sheets, table tents, inserts |
|
for acrylic table tent
beverage or hors d'oeuvre list |
holders, sports schedules,
or similar printed or |
illustrated materials and product displays, such as |
display racks, bins, barrels, or similar items, the primary |
function of which is to temporarily hold and display |
alcoholic beverages; however, such items, for example,
as |
coasters, trays, napkins, glassware and cups shall not be |
deemed to be
inside signs or advertising materials and may |
only be sold to retailers at fair market value, which shall |
be no less than the cost of the item to the manufacturer, |
distributor, or importing distributor. All
temporary |
inside signs and inside advertising materials in place and |
in use at
any one time shall cost in the aggregate not more |
than $1,000 $325 per manufacturer.
Nothing in this subpart |
(iv) prohibits a distributor or importing distributor
from |
paying the cost of
printing or creating any temporary |
inside banner or inserts for acrylic table
tent beverage or |
hors d'oeuvre list holders for a retail licensee, provided
|
that the primary purpose for the banner or insert is to |
highlight, promote, or
advertise the product. For the |
purpose of this subpart (iv), all temporary
inside signs |
and inside advertising materials may be displayed in an |
adjacent
courtyard or patio commonly referred to as a "beer |
garden" that is a part of
the retailer's licensed premises.
|
A "cost adjustment factor" shall be used to periodically |
update the
dollar limitations prescribed in subparts (i), |
|
(iii), and (iv). The Commission
shall establish the adjusted |
dollar limitation on an annual basis beginning in
January, |
1997. The term "cost adjustment factor"
means a percentage |
equal to the change in the Bureau of Labor Statistics
Consumer |
Price Index or 5%, whichever is greater.
The restrictions |
contained in this Section 6-6 do not apply to signs, or
|
promotional or advertising materials furnished by |
manufacturers, distributors
or importing distributors to a |
government owned or operated facility holding
a retailer's |
license as described in Section 6-5.
|
No distributor or importing distributor shall directly or |
indirectly
or through a subsidiary or affiliate, or by any |
officer, director or
firm of such manufacturer, distributor or |
importing distributor,
furnish, give, lend or rent, install, |
repair or maintain, to or for any
retail licensee in this |
State, any signs or
inside advertising materials described in |
subparts (i), (ii), (iii), or (iv)
of this Section except as |
the agent for or on behalf of a manufacturer,
provided that the |
total cost of any signs and inside advertising materials
|
including but not limited to labor, erection, installation and |
permit fees
shall be paid by the manufacturer whose product or |
products said signs
and inside advertising materials advertise |
and except as follows:
|
A distributor or importing distributor may purchase from or |
enter into a
written agreement with a manufacturer or a |
manufacturer's designated supplier
and such manufacturer or |
|
the manufacturer's designated supplier may sell or
enter into |
an agreement to sell to a distributor or importing distributor
|
permitted signs and advertising materials described in |
subparts (ii), (iii), or
(iv) of this Section for the purpose |
of furnishing, giving, lending, renting,
installing, |
repairing, or maintaining such signs or advertising materials |
to or
for any retail licensee in this State. Any purchase by a |
distributor or
importing distributor from a manufacturer or a |
manufacturer's designated
supplier shall be voluntary and the |
manufacturer may not require the
distributor or the importing |
distributor to purchase signs or advertising
materials from the |
manufacturer or the manufacturer's designated supplier.
|
A distributor or importing distributor shall be deemed the |
owner of such
signs or advertising materials purchased from a |
manufacturer or
a manufacturer's designated supplier.
|
The provisions of Public Act 90-373
concerning signs or |
advertising materials delivered by a manufacturer to a
|
distributor or importing distributor shall apply only to signs |
or advertising
materials delivered on or after August 14, 1997.
|
A manufacturer, distributor, or importing distributor may |
furnish free social media advertising to a retail licensee if |
the social media advertisement does not contain the retail |
price of any alcoholic liquor and the social media |
advertisement complies with any applicable rules or |
regulations issued by the Alcohol and Tobacco Tax and Trade |
Bureau of the United States Department of the Treasury. A |
|
manufacturer, distributor, or importing distributor may list |
the names of one or more unaffiliated retailers in the |
advertisement of alcoholic liquor through social media. |
Nothing in this Section shall prohibit a retailer from |
communicating with a manufacturer, distributor, or importing |
distributor on social media or sharing media on the social |
media of a manufacturer, distributor, or importing |
distributor. A retailer may request free social media |
advertising from a manufacturer, distributor, or importing |
distributor. Nothing in this Section shall prohibit a |
manufacturer, distributor, or importing distributor from |
sharing, reposting, or otherwise forwarding a social media post |
by a retail licensee, so long as the sharing, reposting, or |
forwarding of the social media post does not contain the retail |
price of any alcoholic liquor. No manufacturer, distributor, or |
importing distributor shall pay or reimburse a retailer, |
directly or indirectly, for any social media advertising |
services, except as specifically permitted in this Act. No |
retailer shall accept any payment or reimbursement, directly or |
indirectly, for any social media advertising services offered |
by a manufacturer, distributor, or importing distributor, |
except as specifically permitted in this Act. For the purposes |
of this Section, "social media" means a service, platform, or |
site where users communicate with one another and share media, |
such as pictures, videos, music, and blogs, with other users |
free of charge. |
|
No person engaged in the business of manufacturing, |
importing or
distributing alcoholic liquors shall, directly or |
indirectly, pay for,
or advance, furnish, or lend money for the |
payment of any license for
another. Any licensee who shall |
permit or assent, or be a party in any
way to any violation or |
infringement of the provisions of this Section
shall be deemed |
guilty of a violation of this Act, and any money loaned
|
contrary to a provision of this Act shall not be recovered |
back, or any
note, mortgage or other evidence of indebtedness, |
or security, or any
lease or contract obtained or made contrary |
to this Act shall be
unenforceable and void.
|
This Section shall not apply to airplane licensees |
exercising powers
provided in paragraph (i) of Section 5-1 of |
this Act.
|
(Source: P.A. 98-756, eff. 7-16-14; 99-448, eff. 8-24-15.)
|
(235 ILCS 5/6-8) (from Ch. 43, par. 125)
|
Sec. 6-8.
Each manufacturer or importing distributor or |
foreign importer
shall keep an accurate record of all alcoholic |
liquors manufactured,
distributed, sold, used, or delivered by |
him in this State during each
month, showing therein to whom |
sold, and shall furnish a copy thereof or a
report thereon to |
the State Commission, as the State Commission may,
request.
|
Each importing distributor or manufacturer to whom |
alcoholic liquors
imported into this State have been consigned |
shall effect possession and
physical control thereof by storing |
|
such alcoholic liquors in the premises
wherein such importing |
distributor or manufacturer is licensed to engage in
such |
business as an importing distributor or manufacturer and to |
make such
alcoholic liquors together with accompanying |
invoices, bills of lading and
receiving tickets available for |
inspection by an agent or representative of
the Department of |
Revenue and of the State Commission.
|
All alcoholic liquor imported into this State must be |
off-loaded from the
common carrier, vehicle, or mode of |
transportation by which the alcoholic
liquor was delivered into |
this State. The alcoholic liquor shall be stored at
the |
licensed premises of the importing distributor before sale and |
delivery to
licensees in this State. A distributor or importing |
distributor, upon
application to the Commission, may secure a |
waiver of the provisions of this
Section for purposes of |
delivering beer directly to a licensee holding or
otherwise |
participating in a special event sponsored by a unit of |
government or
a not-for-profit organization.
|
A manufacturer of beer that imports or transfers beer into |
this State must comply with the provisions of this Section. |
(Source: P.A. 88-535.)
|
(235 ILCS 5/8-1)
|
Sec. 8-1.
A tax is imposed upon the privilege of engaging |
in business as a
manufacturer or as an importing distributor of |
alcoholic liquor other than beer
at the rate of $0.185 per |
|
gallon until September 1, 2009 and $0.231 per gallon beginning |
September 1, 2009 for cider containing not less than
0.5% |
alcohol by volume nor more than 7% alcohol by volume, $0.73
per |
gallon until September 1, 2009 and $1.39 per gallon beginning |
September 1, 2009 for wine other than
cider containing less |
than 7% alcohol by volume, and $4.50
per gallon until September |
1, 2009 and $8.55 per gallon beginning September 1, 2009 on |
alcohol and spirits manufactured and sold or used by such
|
manufacturer, or as agent for any other person, or sold or used |
by such
importing distributor, or as agent for any other |
person. A tax is imposed
upon the privilege of engaging in |
business as a manufacturer of beer or as an
importing |
distributor of beer at the rate of $0.185 per gallon until |
September 1, 2009 and $0.231 per gallon beginning September 1, |
2009 on
all beer manufactured and sold or used by such |
manufacturer, or as agent for
any other person, or sold or used |
by such importing distributor, or as agent
for any other |
person. Any brewer manufacturing beer in this State shall be
|
entitled to and given a credit or refund of 75% of the tax |
imposed on each
gallon of beer up to 4.9 million gallons per |
year in any given calendar year
for tax paid or payable on beer |
produced and sold in the State of Illinois.
|
For the purpose of this Section, "cider" means any |
alcoholic beverage
obtained by the alcohol fermentation of the |
juice of apples or pears
including, but not limited to, |
flavored, sparkling, or carbonated cider.
|
|
The credit or refund created by this Act shall apply to all |
beer taxes
in the calendar years 1982 through 1986.
|
The increases made by this amendatory Act of the 91st |
General Assembly in
the rates of taxes imposed under this |
Section shall apply beginning on July
1, 1999.
|
A tax at the rate of 1¢ per gallon on beer and 48¢ per |
gallon on
alcohol and spirits is also imposed upon the |
privilege of engaging in
business as a retailer or as a |
distributor who is not also an importing
distributor with |
respect to all beer and all alcohol and spirits owned
or |
possessed by such retailer or distributor when this amendatory |
Act of
1969 becomes effective, and with respect to which the |
additional tax
imposed by this amendatory Act upon |
manufacturers and importing
distributors does not apply. |
Retailers and distributors who are subject
to the additional |
tax imposed by this paragraph of this Section shall be
required |
to inventory such alcoholic liquor and to pay this additional
|
tax in a manner prescribed by the Department.
|
The provisions of this Section shall be construed to apply |
to any
importing distributor engaging in business in this |
State, whether
licensed or not.
|
However, such tax is not imposed upon any such business as |
to any
alcoholic liquor shipped outside Illinois by an Illinois |
licensed
manufacturer or importing distributor, nor as to any |
alcoholic liquor
delivered in Illinois by an Illinois licensed |
manufacturer or importing
distributor to a purchaser for |
|
immediate transportation by the purchaser
to another state into |
which the purchaser has a legal right, under the
laws of such |
state, to import such alcoholic liquor, nor as to any
alcoholic |
liquor other than beer sold by one Illinois licensed
|
manufacturer or importing distributor to another Illinois |
licensed
manufacturer or importing distributor to the extent to |
which the sale of
alcoholic liquor other than beer by one |
Illinois licensed manufacturer
or importing distributor to |
another Illinois licensed manufacturer or
importing |
distributor is authorized by the licensing provisions of this
|
Act, nor to alcoholic liquor whether manufactured in or |
imported into
this State when sold to a "non-beverage user" |
licensed by the State for
use in the manufacture of any of the |
following when they are unfit for
beverage purposes:
|
Patent and proprietary medicines and medicinal, |
antiseptic, culinary
and toilet preparations;
|
Flavoring extracts and syrups and food products;
|
Scientific, industrial and chemical products, excepting |
denatured
alcohol;
|
Or for scientific, chemical, experimental or mechanical |
purposes;
|
Nor is the tax imposed upon the privilege of engaging in |
any business
in interstate commerce or otherwise, which |
business may not, under the
Constitution and Statutes of the |
United States, be made the subject of
taxation by this State.
|
The tax herein imposed shall be in addition to all other |
|
occupation
or privilege taxes imposed by the State of Illinois |
or political
subdivision thereof.
|
If any alcoholic liquor manufactured in or imported into |
this State
is sold to a licensed manufacturer or importing |
distributor by a
licensed manufacturer or importing |
distributor to be used solely as an
ingredient in the |
manufacture of any beverage for human consumption, the
tax |
imposed upon such purchasing manufacturer or importing |
distributor
shall be reduced by the amount of the taxes which |
have been paid by the
selling manufacturer or importing |
distributor under this Act as to such
alcoholic liquor so used |
to the Department of Revenue.
|
If any person received any alcoholic liquors from a |
manufacturer or
importing distributor, with respect to which |
alcoholic liquors no tax is
imposed under this Article, and |
such alcoholic liquor shall thereafter
be disposed of in such |
manner or under such circumstances as may cause
the same to |
become the base for the tax imposed by this Article, such
|
person shall make the same reports and returns, pay the same |
taxes and
be subject to all other provisions of this Article |
relating to
manufacturers and importing distributors.
|
Nothing in this Article shall be construed to require the |
payment to
the Department of the taxes imposed by this Article |
more than once with
respect to any quantity of alcoholic liquor |
sold or used within this
State.
|
No tax is imposed by this Act on sales of alcoholic liquor |
|
by
Illinois licensed foreign importers to Illinois licensed |
importing
distributors.
|
All of the proceeds of the additional tax imposed by Public |
Act 96-34 shall be deposited by the Department into the Capital |
Projects Fund. The remainder of the tax imposed by this Act |
shall be deposited by the Department into the General Revenue |
Fund. |
A manufacturer of beer that imports or transfers beer into |
this State must comply with the provisions of this Section with |
regard to the beer imported into this State. |
The provisions of this Section 8-1 are severable under |
Section 1.31 of the Statute on Statutes.
|
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, |
eff. 7-13-09; 96-1000, eff. 7-2-10.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
