Bill Text: IL SB3044 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Liquor Control Act of 1934. Provides that a manufacturer, non-resident dealer, distributor, importing distributor, or foreign importer who owns or controls a trademark, brand, or name of an alcoholic liquor may amend or withdraw the registration for the alcoholic liquor, if he or she notifies, at least 30 days prior to the effective date of the amendment or withdrawal, any person to whom the manufacturer, non-resident dealer, distributor, importing distributor, or foreign importer has granted the right to sell the alcoholic liquor at wholesale of the specific trademark, brand, or name and the geographical area or areas for which the person's right is being amended or withdrawn. Upon the written request of all the affected parties, the 30-day notification requirement may be waived by the State Commission. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-05-28 - Rule 19(a) / Re-referred to Rules Committee [SB3044 Detail]

Download: Illinois-2009-SB3044-Engrossed.html

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SB3044 Engrossed LRB096 17908 ASK 33276 b
AN ACT concerning liquor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Section 6-9 as follows:
(235 ILCS 5/6-9) (from Ch. 43, par. 126)
Sec. 6-9. Registration of trade marks; sale within
geographical area; delivery to authorized persons. The
Legislature hereby finds and declares that for purposes of
ensuring the preservation and enhancement of interbrand
competition in the alcoholic liquor industry within the State,
ensuring that importation and distribution of alcoholic liquor
in the State will be subject to thorough and inexpensive
monitoring by the State, reducing the importation of illicit or
untaxed alcoholic liquor into the State, excluding misbranded
alcoholic liquor products from the State, providing incentives
to distributors to service and sell to larger numbers of retail
licensees in the geographic area where such distributors are
engaged in business, and reducing the amount of spoiled and
overaged alcoholic liquor products sold to consumers, it is
necessary to restrict the purchase of alcoholic liquors at
wholesale in the State to those persons selected by the
manufacturer, distributor, importing distributor or foreign

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importer who owns or controls the trade mark, brand or name of
the alcoholic liquor products sold to such persons, and to
restrict the geographic area or areas within which such persons
sell such alcoholic liquor at wholesale, as provided in this
Section.
Each manufacturer, non-resident dealer, distributor,
importing distributor, or foreign importer who owns or controls
the trade mark, brand or name of any alcoholic liquor shall
register with the State Commission, in the Chicago office, on
or before the effective date, the name of each person to whom
such manufacturer, non-resident dealer, distributor, importing
distributor, or foreign importer grants the right to sell at
wholesale in this State any such alcoholic liquor, specifying
the particular trade mark, brand or name of alcoholic liquor as
to which such right is granted, the geographical area or areas
for which such right is granted and the period of time for
which such rights are granted to such person. Each
manufacturer, non-resident dealer, distributor or importing
distributor, or foreign importer who is required to register
under this Section must furnish a copy of the registration
statement at the time of appointment to the person who has been
granted the right to sell alcoholic liquor at wholesale.
However, if a person who has been appointed the right to sell
alcoholic liquor at wholesale does not receive a copy of the
registration statement as required under this Section, such
person may file a registration statement with the State

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Commission, provided that the person furnishes a copy of that
registration statement to the manufacturer, non-resident
dealer, distributor, importing distributor, or foreign
importer within 30 days of filing the registration statement.
The registration statement shall state:
(1) the name of the person appointed;
(2) the name of the manufacturer, non-resident dealer,
distributor, importing distributor, or foreign importer from
whom the person received the right to sell alcoholic liquor;
(3) the particular trade mark, brand, or name of alcoholic
liquor as to which the right to sell at wholesale is granted;
and
(4) the geographical areas for which the right to sell at
wholesale is granted.
Such manufacturer, non-resident dealer, distributor,
importing distributor, or foreign importer may grant the right
to sell at wholesale any trade mark, brand, or name of any
alcoholic liquor in any geographical area to more than one
person. If the registration is received after the effective
date, the State Commission shall treat the date the
registration was received in the Chicago office as the
effective date. Such registration shall be made on a form
prescribed by the State Commission and the State Commission may
require such registration to be on a form provided by it.
A non-resident dealer or foreign importer who is not a
manufacturer shall file the registration statement jointly

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with the manufacturer identifying the person authorized by the
manufacturer to sign the registration statement on behalf of
the manufacturer.
No such registration shall be made in any other manner than
as is provided in this Section and only those persons
registered by the manufacturer, non-resident dealer,
distributor, importing distributor, or foreign importer, shall
have the right to sell at wholesale in this State, the brand of
alcoholic liquor specified on the registration form.
However, a licensed Illinois distributor who has not been
registered to sell a brand of alcoholic liquor, but for a
period of 2 years prior to November 8, 1979 has been engaged in
the purchase of a brand for resale from a licensed Illinois
distributor who has the right to sell that brand at wholesale,
may continue to purchase and resell the brand at wholesale, and
may purchase from the same distributor and resell at wholesale
any new brands of the same manufacturer, provided that:
(1) Within 60 days after November 8, 1979 he identifies
the brand which he so purchased to the State Commission and
the Commission within 30 days thereafter verifies that the
purchases have occurred;
(2) Thereafter, he notifies the State Commission in
writing of any brands of the same manufacturer which he
wishes to purchase from the same distributor that were not
available for distribution on or before November 8, 1979,
and that the Commission within 30 days of such notification

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verifies that the brand is a new brand of the same
manufacturer, and that the same licensed Illinois
distributor has the right to sell the new brand at
wholesale;
(3) His or her licensed business address is within the
geographical area for which the licensed Illinois
distributor from whom the purchases are made has the right
to sell said brand or brands of alcoholic liquor; and
(4) His or her sales are made within the geographical
area for which the licensed Illinois distributor from whom
the purchases are made has the right to sell the brand or
brands of alcoholic liquor and only to retail licensees
whose licensed premises are located within the
aforementioned geographical area.
No person to whom such right is granted shall sell at
wholesale in this State any alcoholic liquor bearing such trade
mark, brand or name outside of the geographical area for which
such person holds such selling right, as registered with the
State Commission, nor shall he sell such alcoholic liquor
within such geographical area to a retail licensee if the
premises specified in such retailer's license are located
outside such geographical area. Any licensed Illinois
distributor who has not been granted the right to sell any
alcoholic liquor at wholesale and is purchasing alcoholic
liquor from a person who has been granted the right to sell at
wholesale may sell and deliver only to retail licensees whose

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licensed premises are within the same geographical area as the
person who has been granted the right to sell at wholesale.
No manufacturer, importing distributor, distributor,
non-resident dealer, or foreign importer shall sell or deliver
any package containing alcoholic liquor manufactured or
distributed by him for resale, unless the person to whom such
package is sold or delivered is authorized to receive such
package in accordance with the provisions of this Act.
A manufacturer, non-resident dealer, distributor,
importing distributor, or foreign importer who owns or controls
a trademark, brand, or name of a beer may amend or withdraw the
registration for the beer, if he or she notifies, at least 30
days prior to the effective date of the amendment or
withdrawal, any person to whom the manufacturer, non-resident
dealer, distributor, importing distributor, or foreign
importer has granted the right to sell the beer at wholesale of
the specific trademark, brand, or name and the geographical
area or areas for which the person's right is being amended or
withdrawn. In the case of a discontinued brand, a manufacturer,
non-resident dealer, distributor, importing distributor, or
foreign importer who owns or controls a trademark, brand, or
name of a beer may amend or withdraw the registration for the
beer without giving prior notification. Upon the written
request of all the affected parties, the 30-day notification
requirement may be waived by the State Commission.
Nothing in this Section shall be deemed to modify the

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provisions of the Beer Industry Fair Dealing Act.
(Source: P.A. 96-482, eff. 8-14-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.