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| Public Act 097-0606 | ||||
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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 Section 6-4 as follows:
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(235 ILCS 5/6-4) (from Ch. 43, par. 121)
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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
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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 or a wine | ||||
manufacturer's license; and no person or persons
licensed as a | ||||
distiller by any licensing authority shall have any
interest, | ||||
directly or indirectly, with such distributor or importing
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distributor.
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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
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acquire an ownership interest of more than 5% of the | ||
outstanding shares of
a wine manufacturer and be issued a wine
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manufacturer's license by any licensing authority.
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(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
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expiring June 30, 1947, and shall actually have made sales | ||
regularly to
retailers.
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(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
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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
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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
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distribute to retailers any other alcoholic liquors or wines.
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(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
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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.
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(e) Any person having been licensed as a manufacturer shall | ||
be
permitted to receive one retailer's license for the premises | ||
in which he
or she actually conducts such business, permitting | ||
only the retail sale of beer manufactured at such premises and | ||
only on
such premises, but no such person shall be entitled to | ||
more than one
retailer's license in any event, 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
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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
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license.
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A person licensed as a craft distiller not affiliated with | ||
any other person manufacturing spirits may be permitted to | ||
receive one retailer's license 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. 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. | ||
(f) However, the foregoing prohibitions against any person | ||
licensed as
a distiller or wine manufacturer being issued a | ||
retailer's license shall not apply:
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(i) to any hotel, motel or restaurant whose principal | ||
business is not
the sale of alcoholic liquors if said | ||
retailer's sales of any alcoholic
liquors manufactured, | ||
sold, distributed or controlled, directly or
indirectly, | ||
by any affiliate, subsidiary, officer, associate, member,
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partner, representative, employee, agent or shareholder | ||
owning more than 5%
of the outstanding shares of such | ||
person does not exceed
10% of the total alcoholic liquor | ||
sales of said retail licensee; and
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(ii) where the Commission determines, having | ||
considered the public
welfare, the economic impact upon the | ||
State and the entirety of the facts
and circumstances | ||
involved, that the purpose and intent of this Section
would | ||
not be violated by granting an exemption.
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(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
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shall secure liquor liability insurance coverage in an amount
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at 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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(Source: P.A. 95-634, eff. 6-1-08; 96-1367, eff. 7-28-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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