Public Act 098-0055
 
HB0630 EnrolledLRB098 03452 MGM 33467 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 5-3 and  by adding Sections 1-3.39 and 6-36 as 
follows:
 
    (235 ILCS 5/1-3.39 new)
    Sec. 1-3.39. Homemade brewed beverage. "Homemade brewed 
beverage" means beer or any other beverage obtained by the 
alcoholic fermentation of an infusion or concoction of grains, 
sugars, or both in water and includes, but is not limited to, 
beer, mead, and cider  made by a person 21 years of age or 
older, through his or her own efforts, fermented at his or her 
place of residence, fermented at another place of residence of 
a homemade brewed beverage brewer, or fermented at a premises 
of a commercial enterprise that is engaged primarily in selling 
supplies and equipment for use by home brewers and not for a 
commercial purpose but for consumption by that person or his or 
her family, neighbors, guests, and friends or for use at an 
exhibition, demonstration, judging, tasting, or sampling with 
sampling sizes as authorized by Section 6-31 of this Act or as 
part of a contest or competition authorized by Section 6-36 of 
this Act.
 
    (235 ILCS 5/5-3)  (from Ch. 43, par. 118)
    Sec. 5-3. License fees. Except as otherwise provided 
herein, at the time
application is made to the State Commission 
for a license of any class, the
applicant shall pay to the 
State Commission the fee hereinafter provided for
the kind of 
license applied for.
    The fee for licenses issued by the State Commission shall 
be as follows:
    For a manufacturer's license:
    Class 1. Distiller .............................$3,600
    Class 2. Rectifier .............................3,600
    Class 3. Brewer ................................900
    Class 4. First-class Wine Manufacturer .........600
    Class 5. Second-class
        Wine Manufacturer ..........................1,200
    Class 6. First-class wine-maker ................600
    Class 7. Second-class wine-maker ...............1200
    Class 8. Limited Wine Manufacturer..............120
    Class 9. Craft Distiller........................ 1,800 
    Class 10. Craft Brewer..........................25
    For a Brew Pub License .........................1,050
    For a caterer retailer's license................200
    For a foreign importer's license ...............25
    For an importing distributor's license .........25
    For a distributor's license ....................270
    For a non-resident dealer's license
        (500,000 gallons or over) ..................270
    For a non-resident dealer's license
        (under 500,000 gallons) ....................90
    For a wine-maker's premises license ............100
    For a winery shipper's license
        (under 250,000 gallons).....................150
    For a winery shipper's license

        (250,000 or over, but under 500,000 gallons).500
    For a winery shipper's license

        (500,000 gallons or over)...................1,000
    For a wine-maker's premises license,
        second location ............................350
    For a wine-maker's premises license,
        third location .............................350
    For a retailer's license .......................500
    For a special event retailer's license,
        (not-for-profit) ...........................25
    For a special use permit license,
        one day only ...............................50
        2 days or more .............................100
    For a railroad license .........................60
    For a boat license .............................180
    For an airplane license, times the
        licensee's maximum number of aircraft
        in flight, serving liquor over the
        State at any given time, which either
        originate, terminate, or make
        an intermediate stop in the State ..........60
    For a non-beverage user's license:
        Class 1 ....................................24
        Class 2 ....................................60
        Class 3 ....................................120
        Class 4 ....................................240
        Class 5 ....................................600
    For a broker's license .........................600
    For an auction liquor license ..................50
    For a homebrewer special event permit........... 25 
    Fees collected under this Section shall be paid into the

Dram Shop Fund.  On and after July 1, 2003, of the funds 
received for a
retailer's license, in
addition to the
first 
$175, an additional $75 shall be paid into the Dram Shop Fund, 
and $250
shall be
paid into the General Revenue Fund.  Beginning 
June 30, 1990 and on June 30
of each
subsequent year through 
June 29, 2003, any balance over $5,000,000
remaining in the 
Dram Shop Fund
shall be credited to State liquor licensees and 
applied against their fees for
State liquor licenses for the 
following year.  The amount credited to each
licensee shall be a 
proportion of the  balance in the Dram Fund that is the
same as 
the proportion of the license fee paid by the licensee under

this Section for the period in which the balance was 
accumulated to the
aggregate fees paid by all licensees during 
that period.
    No fee shall be paid for licenses issued by the State 
Commission to
the following non-beverage users:
        (a) Hospitals, sanitariums, or clinics when their use 
    of alcoholic
liquor is exclusively medicinal, mechanical 
    or scientific.
        (b) Universities, colleges of learning or schools when 
    their use of
alcoholic liquor is exclusively medicinal, 
    mechanical or scientific.
        (c) Laboratories when their use is exclusively for the 
    purpose of
scientific research.
(Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11.)
 
    (235 ILCS 5/6-36 new)
    Sec. 6-36. Homemade brewed beverages. 
    (a)  No license or permit is required under this Act for the 
making of homemade brewed beverages or for the possession, 
transportation, or storage of homemade brewed beverages by any 
person 21 years of age or older, if all of the following apply:
        (1)  the person who makes the homemade brewed beverages 
    receives no compensation;
        (2)  the homemade brewed beverages is not sold or 
    offered for sale; and
        (3)  the total quantity of homemade brewed beverages 
    made, in a calendar year, by the person   does not exceed 100 
    gallons if the household has only one person 21 years of 
    age or older or 200 gallons if the household has 2 or more 
    persons 21 years of age or older.
    (b)  A person who makes, possesses, transports, or stores 
homemade brewed beverages in compliance with the limitations 
specified in subsection (a) is not a brewer, craft brewer, 
wholesaler, retailer, or a manufacturer of beer for the 
purposes of this Act.
    (c)  Homemade brewed beverages made in compliance with the 
limitations specified in subsection (a) may be consumed by the 
person who made it and his or her family, neighbors, and 
friends at any private residence or other private location 
where the possession and consumption of alcohol is permissible 
under this Act, local ordinances, and other applicable law, 
provided that the homemade brewed beverages are not made 
available for consumption by the general public.
    (d) Homemade brewed beverages made in compliance with the 
limitations specified in subsection (a) may be used for 
purposes of a public exhibition, demonstration, tasting, or 
sampling with sampling sizes as authorized by Section 6-31, if 
the event is held at a private residence or at a location other 
than a retail licensed premises. If the public event is not 
held at a private residence,  the event organizer shall obtain a 
homebrewer special event permit for each location, and is 
subject to the provisions in subsection (a) of Section 6-21. 
Homemade brewed beverages used for purposes described in this 
subsection (d), including the submission or consumption of the 
homemade brewed beverages, are not considered sold or offered 
for sale under this Act. A public exhibition, demonstration, 
tasting, or sampling with sampling sizes as authorized by 
Section 6-31 held by a licensee on a location other than a 
retail licensed premises may require an admission charge to the 
event, but no separate or additional fee may be charged for the 
consumption of a person's homemade brewed beverages at the 
public exhibition, demonstration, tasting, or sampling with 
sampling sizes as authorized by Section 6-31. Event admission 
charges that are collected may be partially used to provide 
prizes to makers of homemade brewed beverages, but the 
admission charges may not be divided in any fashion among the 
makers of the homemade brewed beverages who participate in the 
event.  Homemade brewed beverages used for purposes described in 
this subsection (d) are not considered sold or offered for sale 
under this Act if a maker of homemade brewed beverages receives 
free event admission or discounted event admission in return 
for the maker's donation of the homemade brewed beverages to an 
event specified in this subsection (d) that collects event 
admission charges; free admission or discounted admission to 
the event is not considered compensation under this Act.  No 
admission fee and no charge for the consumption of a person's 
homemade brewed beverage may be collected if the public 
exhibition, demonstration, tasting, sampling with sampling 
sizes as authorized by Section 6-31 is held at a private 
residence. 
    (e)  A person who is not a licensee under this Act may at a 
private residence, and a person who is a licensee under this 
Act may on the licensed premises, conduct, sponsor, or host a 
contest, competition, or other event for the exhibition, 
demonstration, judging, tasting, or sampling of homemade 
brewed beverages made in compliance with the limitations 
specified in subsection (a), if the person does not sell the 
homemade brewed beverages and, unless the person is the brewer 
of the homemade brewed beverages, does not acquire any 
ownership interest in the homemade brewed beverages. If the 
contest, competition, exhibition, demonstration, or judging is 
not held at a private residence, the consumption of the 
homemade brewed beverages is limited to qualified judges and 
stewards as defined by a national or international beer judging 
program, who are identified by the event organizer in advance 
of the contest, competition, exhibition, demonstration, or 
judging.  Homemade brewed beverages used for the purposes 
described in this subsection (e), including the submission or 
consumption of the homemade brewed beverages, are not 
considered sold or offered for sale under this Act and any 
prize awarded at a contest or competition or as a result of an 
exhibition, demonstration, or judging is not considered 
compensation under this Act. An exhibition, demonstration, 
judging, contest, or competition held by a licensee on a 
licensed premises may require an admission charge to the event, 
but no separate or additional fee may be charged for the 
consumption of a person's homemade brewed beverage at the 
exhibition, demonstration, judging, contest, or competition. A 
portion of event admission charges that are collected may be 
used to provide prizes to makers of homemade brewed beverages, 
but the admission charges may not be divided in any fashion 
among the makers of the homemade brewed beverages who 
participate in the event.  Homemade brewed beverages used for 
purposes described in this subsection (e) are not considered 
sold or offered for sale under this Act if a maker of homemade 
brewed beverages receives free event admission or discounted 
event admission in return for the maker's donation of the 
homemade brewed beverages to an event specified in this 
subsection (e) that collects event admission charges; free 
admission or discounted admission to the event is not 
considered compensation under this Act.  No admission fee and no 
charge for the consumption of a person's homemade brewed 
beverage may be charged if the exhibition, demonstration, 
judging, contest, or competition is held at a private 
residence.  The fact that a person is acting in a manner 
authorized by this Section is not, by itself, sufficient to 
constitute a public nuisance under Section 10-7 of this Act. If 
the contest, competition, or other event is held on licensed 
premises, the licensee may allow the homemade brewed beverages 
to be stored on the premises if the homemade brewed beverages 
are clearly identified, kept separate from any alcohol 
beverages owned by the licensee. If the contest, competition, 
or other event is held on licensed premises, other provisions 
of this Act not inconsistent with this Section apply. 
    (f) A commercial enterprise engaged primarily in selling 
supplies and equipment to the public for use by homebrewers may 
manufacture homemade brewed beverages for the purpose of 
tasting the homemade brewed beverages at the location of the 
commercial enterprise, provided that the homemade brewed 
beverages are not sold or offered for sale. Homemade brewed 
beverages provided at a commercial enterprise for tasting under 
this subsection (f) shall be in compliance with Sections 6-16, 
6-21, and 6-31 of this Act. A commercial enterprise engaged 
solely in selling supplies and equipment for use by homebrewers 
shall not be required to secure a license under this Act, 
however, such commercial enterprise 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. 
    (g) Homemade brewed beverages are not subject to Section 
8-1 of this Act. 
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.