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| Public Act 093-0923 |
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AN ACT in relation to alcoholic 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 Section 5-1 as follows:
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(235 ILCS 5/5-1) (from Ch. 43, par. 115)
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Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||
Commission
shall be of the following classes:
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(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,
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(b) Distributor's license,
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(c) Importing Distributor's license,
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(d) Retailer's license,
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(e) Special Event Retailer's license (not-for-profit),
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(f) Railroad license,
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(g) Boat license,
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(h) Non-Beverage User's license,
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(i) Wine-maker's premises license,
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(j) Airplane license,
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(k) Foreign importer's license,
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(l) Broker's license,
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(m) Non-resident dealer's
license,
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(n) Brew Pub license,
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(o) Auction liquor license,
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(p) Caterer retailer license,
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(q) Special use permit license.
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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.
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(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:
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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.
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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.
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Class 3. A Brewer may make sales and deliveries of beer to | ||
importing
distributors, distributors, and to non-licensees, | ||
and to
retailers provided the brewer obtains an importing | ||
distributor's license or
distributor's license in accordance | ||
with the provisions of this Act.
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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.
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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.
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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 | ||
first-class wine-maker's license shall
allow the sale of no | ||
more than 5,000
gallons of the licensee's wine to retailers. | ||
The State Commission shall issue
only one first-class | ||
wine-maker's license to any person, firm, partnership,
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corporation, or other legal business entity that is engaged in | ||
the making of
less than 50,000 gallons of wine annually that | ||
applies for a first-class
wine-maker's license. No subsidiary | ||
or affiliate thereof, nor any officer,
associate, member, | ||
partner, representative, employee, agent, or shareholder may
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be issued an additional wine-maker's license by the State | ||
Commission.
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Class 7. A second-class wine-maker's license shall allow | ||
the manufacture
of between 50,000 and 100,000 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 second-class wine-maker's license shall | ||
allow the sale
of
no more than 10,000 gallons of the licensee's | ||
wine directly to retailers.
The State Commission shall issue | ||
only one second-class wine-maker's license
to any person, firm, | ||
partnership, corporation, or other legal business entity
that | ||
is engaged in the making of less than 100,000 gallons of wine | ||
annually
that applies for a second-class wine-maker's license. | ||
No subsidiary or
affiliate thereof, or any officer, associate, | ||
member, partner, representative,
employee, agent, or | ||
shareholder may be issued an additional wine-maker's
license by | ||
the State Commission.
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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.
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(a-1) A manufacturer which is licensed in this State to | ||
make sales or
deliveries of alcoholic liquor 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.
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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 | ||
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.
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(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.
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(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.
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(d) A retailer's license shall allow the licensee to sell | ||
and offer
for sale at retail, only in the premises specified in | ||
the
such license,
alcoholic liquor for use or consumption, but | ||
not for resale in any form:
Provided that any retail license | ||
issued to a manufacturer shall only
permit the
such | ||
manufacturer to sell beer at retail on the premises actually
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occupied by the
such 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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After January 1, 1995 there shall be 2 classes of licenses | ||
issued under a
retailers license.
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(1) A "retailers on premise consumption license" shall | ||
allow the licensee
to sell and offer for sale at retail, | ||
only on the premises specified in the
license, alcoholic | ||
liquor for use or consumption on the premises or on and off
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the premises, but not for resale in any form.
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(2) An "off premise sale license" shall allow the | ||
licensee to sell, or
offer for sale at retail, alcoholic | ||
liquor intended only for off premise
consumption and not | ||
for resale in any form.
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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.
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(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 | ||
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.
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(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.
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(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:
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(i) A wine-maker's premises license shall allow a
licensee | ||||||||||||
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. Upon approval from the
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.
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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.
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(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 | ||
distributors and to no one else in Illinois;
provided that 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 and
provided further that | ||
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
be granted the
right to sell such | ||
brands at wholesale.
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(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.
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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.
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The broker shall, upon the acceptance by a retailer of the | ||
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.
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(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.
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A broker's license under this subsection (1) 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.
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This subsection (1) 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.
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Any agent, representative, or person subject to | ||
registration pursuant to
subsection (a-1) of this Section shall | ||
not be eligible to receive a broker's
license.
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(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 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; and further provided
that | ||
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.
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(n) A brew pub license shall allow the licensee to | ||
manufacture beer only
on the premises specified in the license, | ||
to make sales of the
beer manufactured on the premises to | ||
importing distributors, distributors,
and to non-licensees for | ||
use and consumption, to store the beer upon
the premises, and | ||
to sell and offer for sale at retail from the licensed
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premises, provided that a brew pub licensee shall not sell for | ||
off-premises
consumption more than 50,000 gallons per year.
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(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.
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(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.
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(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
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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.
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(Source: P.A. 91-357, eff. 7-29-99; 92-105, eff. 1-1-02; | ||
92-378, eff.
8-16-01; 92-651, eff. 7-11-02; 92-672, eff. | ||
7-16-02.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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