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91_HB3636
LRB9111619LDpk
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 5-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Section 5-1 as follows:
7 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
8 Sec. 5-1. Licenses issued by the Illinois Liquor Control
9 Commission shall be of the following classes:
10 (a) Manufacturer's license - Class 1. Distiller, Class
11 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
12 Manufacturer, Class 5. Second Class Wine Manufacturer,
13 Class 6. First Class Winemaker, Class 7. Second Class
14 Winemaker, Class 8. Limited Wine Manufacturer,
15 (b) Distributor's license,
16 (c) Importing Distributor's license,
17 (d) Retailer's license,
18 (e) Special Event Retailer's license (not-for-profit),
19 (f) Railroad license,
20 (g) Boat license,
21 (h) Non-Beverage User's license,
22 (i) Wine-maker's retail license,
23 (j) Airplane license,
24 (k) Foreign importer's license,
25 (l) Broker's license,
26 (m) Non-resident dealer's license,
27 (n) Brew Pub license,
28 (o) Auction liquor license,
29 (p) Caterer retailer license,
30 (q) Special use permit license.
31 Nothing in this provision, nor in any subsequent
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1 provision of this Act shall be interpreted as forbidding an
2 individual or firm from concurrently obtaining and holding a
3 Winemaker's and a Wine manufacturer's license.
4 (a) A manufacturer's license shall allow the
5 manufacture, importation in bulk, storage, distribution and
6 sale of alcoholic liquor to persons without the State, as may
7 be permitted by law and to licensees in this State as
8 follows:
9 Class 1. A Distiller may make sales and deliveries of
10 alcoholic liquor to distillers, rectifiers, importing
11 distributors, distributors and non-beverage users and to no
12 other licensees.
13 Class 2. A Rectifier, who is not a distiller, as defined
14 herein, may make sales and deliveries of alcoholic liquor to
15 rectifiers, importing distributors, distributors, retailers
16 and non-beverage users and to no other licensees.
17 Class 3. A Brewer may make sales and deliveries of beer
18 to importing distributors, distributors, and to
19 non-licensees, and to retailers provided the brewer obtains
20 an importing distributor's license or distributor's license
21 in accordance with the provisions of this Act.
22 Class 4. A first class wine-manufacturer may make sales
23 and deliveries of between 40,000 and 50,000 gallons of wine
24 to manufacturers, importing distributors and distributors,
25 and to no other licensees.
26 Class 5. A second class Wine manufacturer may make sales
27 and deliveries of more than 50,000 gallons of wine to
28 manufacturers, importing distributors and distributors and to
29 no other licensees.
30 Class 6. A first-class wine-maker's license shall allow
31 the manufacture of less than 20,000 gallons of wine per year,
32 and the storage and sale of such wine to distributors and
33 retailers in the State and to persons without the State, as
34 may be permitted by law.
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1 Class 7. A second-class wine-maker's license shall allow
2 the manufacture of up to 50,000 gallons of wine per year, and
3 the storage and sale of such wine to distributors in this
4 State and to persons without the State, as may be permitted
5 by law. A second-class wine-maker's license shall allow the
6 sale of no more than 10,000 gallons of the licensee's wine
7 directly to retailers.
8 Class 8. A limited wine-manufacturer may make sales and
9 deliveries not to exceed 40,000 gallons of wine per year to
10 distributors, and to non-licensees in accordance with the
11 provisions of this Act.
12 (a-1) A manufacturer which is licensed in this State to
13 make sales or deliveries of alcoholic liquor and which
14 enlists agents, representatives, or individuals acting on its
15 behalf who contact licensed retailers on a regular and
16 continual basis in this State must register those agents,
17 representatives, or persons acting on its behalf with the
18 State Commission.
19 Registration of agents, representatives, or persons
20 acting on behalf of a manufacturer is fulfilled by submitting
21 a form to the Commission. The form shall be developed by the
22 Commission and shall include the name and address of the
23 applicant, the name and address of the manufacturer he or she
24 represents, the territory or areas assigned to sell to or
25 discuss pricing terms of alcoholic liquor, and any other
26 questions deemed appropriate and necessary. All statements
27 in the forms required to be made by law or by rule shall be
28 deemed material, and any person who knowingly misstates any
29 material fact under oath in an application is guilty of a
30 Class B misdemeanor. Fraud, misrepresentation, false
31 statements, misleading statements, evasions, or suppression
32 of material facts in the securing of a registration are
33 grounds for suspension or revocation of the registration.
34 (b) A distributor's license shall allow the wholesale
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1 purchase and storage of alcoholic liquors and sale of
2 alcoholic liquors to licensees in this State and to persons
3 without the State, as may be permitted by law.
4 (c) An importing distributor's license may be issued to
5 and held by those only who are duly licensed distributors,
6 upon the filing of an application by a duly licensed
7 distributor, with the Commission and the Commission shall,
8 without the payment of any fee, immediately issue such
9 importing distributor's license to the applicant, which shall
10 allow the importation of alcoholic liquor by the licensee
11 into this State from any point in the United States outside
12 this State, and the purchase of alcoholic liquor in barrels,
13 casks or other bulk containers and the bottling of such
14 alcoholic liquors before resale thereof, but all bottles or
15 containers so filled shall be sealed, labeled, stamped and
16 otherwise made to comply with all provisions, rules and
17 regulations governing manufacturers in the preparation and
18 bottling of alcoholic liquors. The importing distributor's
19 license shall permit such licensee to purchase alcoholic
20 liquor from Illinois licensed non-resident dealers and
21 foreign importers only.
22 (d) A retailer's license shall allow the licensee to
23 sell and offer for sale at retail, only in the premises
24 specified in such license, alcoholic liquor for use or
25 consumption, but not for resale in any form: Provided that
26 any retail license issued to a manufacturer shall only permit
27 such manufacturer to sell beer at retail on the premises
28 actually occupied by such manufacturer.
29 After January 1, 1995 there shall be 2 classes of
30 licenses issued under a retailers license.
31 (1) A "retailers on premise consumption license"
32 shall allow the licensee to sell and offer for sale at
33 retail, only on the premises specified in the license,
34 alcoholic liquor for use or consumption on the premises
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1 or on and off the premises, but not for resale in any
2 form.
3 (2) An "off premise sale license" shall allow the
4 licensee to sell, or offer for sale at retail, alcoholic
5 liquor intended only for off premise consumption and not
6 for resale in any form.
7 Notwithstanding any other provision of this subsection
8 (d), a retail licensee may sell alcoholic liquors to a
9 special event retailer licensee for resale to the extent
10 permitted under subsection (e).
11 (e) A special event retailer's license (not-for-profit)
12 shall permit the licensee to purchase alcoholic liquors from
13 an Illinois licensed distributor (unless the licensee
14 purchases less than $500 of alcoholic liquors for the special
15 event, in which case the licensee may purchase the alcoholic
16 liquors from a licensed retailer) and shall allow the
17 licensee to sell and offer for sale, at retail, alcoholic
18 liquors for use or consumption, but not for resale in any
19 form and only at the location and on the specific dates
20 designated for the special event in the license. An
21 applicant for a special event retailer license must (i)
22 furnish with the application: (A) a resale number issued
23 under Section 2c of the Retailers' Occupation Tax Act or
24 evidence that the applicant is registered under Section 2a of
25 the Retailers' Occupation Tax Act, (B) a current, valid
26 exemption identification number issued under Section 1g of
27 the Retailers' Occupation Tax Act, and a certification to the
28 Commission that the purchase of alcoholic liquors will be a
29 tax-exempt purchase, or (C) a statement that the applicant is
30 not registered under Section 2a of the Retailers' Occupation
31 Tax Act, does not hold a resale number under Section 2c of
32 the Retailers' Occupation Tax Act, and does not hold an
33 exemption number under Section 1g of the Retailers'
34 Occupation Tax Act, in which event the Commission shall set
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1 forth on the special event retailer's license a statement to
2 that effect; (ii) submit with the application proof
3 satisfactory to the State Commission that the applicant will
4 provide dram shop liability insurance in the maximum limits;
5 and (iii) show proof satisfactory to the State Commission
6 that the applicant has obtained local authority approval.
7 (f) A railroad license shall permit the licensee to
8 import alcoholic liquors into this State from any point in
9 the United States outside this State and to store such
10 alcoholic liquors in this State; to make wholesale purchases
11 of alcoholic liquors directly from manufacturers, foreign
12 importers, distributors and importing distributors from
13 within or outside this State; and to store such alcoholic
14 liquors in this State; provided that the above powers may be
15 exercised only in connection with the importation, purchase
16 or storage of alcoholic liquors to be sold or dispensed on a
17 club, buffet, lounge or dining car operated on an electric,
18 gas or steam railway in this State; and provided further,
19 that railroad licensees exercising the above powers shall be
20 subject to all provisions of Article VIII of this Act as
21 applied to importing distributors. A railroad license shall
22 also permit the licensee to sell or dispense alcoholic
23 liquors on any club, buffet, lounge or dining car operated on
24 an electric, gas or steam railway regularly operated by a
25 common carrier in this State, but shall not permit the sale
26 for resale of any alcoholic liquors to any licensee within
27 this State. A license shall be obtained for each car in
28 which such sales are made.
29 (g) A boat license shall allow the sale of alcoholic
30 liquor in individual drinks, on any passenger boat regularly
31 operated as a common carrier on navigable waters in this
32 State, which boat maintains a public dining room or
33 restaurant thereon.
34 (h) A non-beverage user's license shall allow the
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1 licensee to purchase alcoholic liquor from a licensed
2 manufacturer or importing distributor, without the imposition
3 of any tax upon the business of such licensed manufacturer or
4 importing distributor as to such alcoholic liquor to be used
5 by such licensee solely for the non-beverage purposes set
6 forth in subsection (a) of Section 8-1 of this Act, and such
7 licenses shall be divided and classified and shall permit the
8 purchase, possession and use of limited and stated quantities
9 of alcoholic liquor as follows:
10 Class 1, not to exceed ....................... 500 gallons
11 Class 2, not to exceed ....................... 1,000 gallons
12 Class 3, not to exceed ....................... 5,000 gallons
13 Class 4, not to exceed ....................... 10,000 gallons
14 Class 5, not to exceed ....................... 50,000 gallons
15 (i) A wine-maker's retail license shall allow the
16 licensee to sell and offer for sale at retail in the premises
17 specified in such license not more than 50,000 gallons of
18 wine per year for use or consumption, but not for resale in
19 any form; this license shall be issued only to a person
20 licensed as a first-class or second-class wine-maker. A
21 wine-maker's retail licensee, upon receiving permission from
22 the Commission, may conduct business at a second location
23 that is separate from the location specified in its
24 wine-maker's retail license. One wine-maker's retail
25 license-second location may be issued to a wine-maker's
26 retail licensee allowing the licensee to sell and offer for
27 sale at retail in the premises specified in the wine-maker's
28 retail license-second location up to 50,000 gallons of wine
29 that was produced at the licensee's first location per year
30 for use and consumption and not for resale.
31 (j) An airplane license shall permit the licensee to
32 import alcoholic liquors into this State from any point in
33 the United States outside this State and to store such
34 alcoholic liquors in this State; to make wholesale purchases
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1 of alcoholic liquors directly from manufacturers, foreign
2 importers, distributors and importing distributors from
3 within or outside this State; and to store such alcoholic
4 liquors in this State; provided that the above powers may be
5 exercised only in connection with the importation, purchase
6 or storage of alcoholic liquors to be sold or dispensed on an
7 airplane; and provided further, that airplane licensees
8 exercising the above powers shall be subject to all
9 provisions of Article VIII of this Act as applied to
10 importing distributors. An airplane licensee shall also
11 permit the sale or dispensing of alcoholic liquors on any
12 passenger airplane regularly operated by a common carrier in
13 this State, but shall not permit the sale for resale of any
14 alcoholic liquors to any licensee within this State. A
15 single airplane license shall be required of an airline
16 company if liquor service is provided on board aircraft in
17 this State. The annual fee for such license shall be as
18 determined in Section 5-3.
19 (k) A foreign importer's license shall permit such
20 licensee to purchase alcoholic liquor from Illinois licensed
21 non-resident dealers only, and to import alcoholic liquor
22 other than in bulk from any point outside the United States
23 and to sell such alcoholic liquor to Illinois licensed
24 importing distributors and to no one else in Illinois.
25 (l) (i) A broker's license shall be required of all
26 persons who solicit orders for, offer to sell or offer to
27 supply alcoholic liquor to retailers in the State of
28 Illinois, or who offer to retailers to ship or cause to be
29 shipped or to make contact with distillers, rectifiers,
30 brewers or manufacturers or any other party within or without
31 the State of Illinois in order that alcoholic liquors be
32 shipped to a distributor, importing distributor or foreign
33 importer, whether such solicitation or offer is consummated
34 within or without the State of Illinois.
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1 No holder of a retailer's license issued by the Illinois
2 Liquor Control Commission shall purchase or receive any
3 alcoholic liquor, the order for which was solicited or
4 offered for sale to such retailer by a broker unless the
5 broker is the holder of a valid broker's license.
6 The broker shall, upon the acceptance by a retailer of
7 the broker's solicitation of an order or offer to sell or
8 supply or deliver or have delivered alcoholic liquors,
9 promptly forward to the Illinois Liquor Control Commission a
10 notification of said transaction in such form as the
11 Commission may by regulations prescribe.
12 (ii) A broker's license shall be required of a person
13 within this State, other than a retail licensee, who, for a
14 fee or commission, promotes, solicits, or accepts orders for
15 alcoholic liquor, for use or consumption and not for resale,
16 to be shipped from this State and delivered to residents
17 outside of this State by an express company, common carrier,
18 or contract carrier. This Section does not apply to any
19 person who promotes, solicits, or accepts orders for wine as
20 specifically authorized in Section 6-29 of this Act.
21 A broker's license under this subsection (1) shall not
22 entitle the holder to buy or sell any alcoholic liquors for
23 his own account or to take or deliver title to such alcoholic
24 liquors.
25 This subsection (1) shall not apply to distributors,
26 employees of distributors, or employees of a manufacturer who
27 has registered the trademark, brand or name of the alcoholic
28 liquor pursuant to Section 6-9 of this Act, and who regularly
29 sells such alcoholic liquor in the State of Illinois only to
30 its registrants thereunder.
31 Any agent, representative, or person subject to
32 registration pursuant to subsection (a-1) of this Section
33 shall not be eligible to receive a broker's license.
34 The provisions of Sections 6-5 and 6-6 that are
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1 applicable to manufacturers, distributors, and importing
2 distributors shall be applicable to and binding on any person
3 who holds a broker's license.
4 (m) A non-resident dealer's license shall permit such
5 licensee to ship into and warehouse alcoholic liquor into
6 this State from any point outside of this State, and to sell
7 such alcoholic liquor to Illinois licensed foreign importers
8 and importing distributors and to no one else in this State;
9 provided that said non-resident dealer shall register with
10 the Illinois Liquor Control Commission each and every brand
11 of alcoholic liquor which it proposes to sell to Illinois
12 licensees during the license period; and further provided
13 that it shall comply with all of the provisions of Section
14 6-9 hereof with respect to registration of such Illinois
15 licensees as may be granted the right to sell such brands at
16 wholesale.
17 (n) A brew pub license shall allow the licensee to
18 manufacture beer only on the premises specified in the
19 license, to make sales of the beer manufactured on the
20 premises to importing distributors, distributors, and to
21 non-licensees for use and consumption, to store the beer upon
22 the premises, and to sell and offer for sale at retail from
23 the licensed premises, provided that a brew pub licensee
24 shall not sell for off-premises consumption more than 50,000
25 gallons per year.
26 (o) A caterer retailer license shall allow the holder to
27 serve alcoholic liquors as an incidental part of a food
28 service that serves prepared meals which excludes the serving
29 of snacks as the primary meal, either on or off-site whether
30 licensed or unlicensed.
31 (p) An auction liquor license shall allow the licensee
32 to sell and offer for sale at auction wine and spirits for
33 use or consumption, or for resale by an Illinois liquor
34 licensee in accordance with provisions of this Act. An
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1 auction liquor license will be issued to a person and it will
2 permit the auction liquor licensee to hold the auction
3 anywhere in the State. An auction liquor license must be
4 obtained for each auction at least 14 days in advance of the
5 auction date.
6 (q) A special use permit license shall allow an Illinois
7 licensed retailer to transfer a portion of its alcoholic
8 liquor inventory from its retail licensed premises to the
9 premises specified in the license hereby created, and to sell
10 or offer for sale at retail, only in the premises specified
11 in the license hereby created, the transferred alcoholic
12 liquor for use or consumption, but not for resale in any
13 form. A special use permit license may be granted for the
14 following time periods: one day or less; 2 or more days to a
15 maximum of 15 days per location in any 12 month period. An
16 applicant for the special use permit license must also submit
17 with the application proof satisfactory to the State
18 Commission that the applicant will provide dram shop
19 liability insurance to the maximum limits and have local
20 authority approval.
21 (Source: P.A. 90-77, eff. 7-8-97; 90-432, eff. 1-1-98;
22 90-596, eff. 6-24-98; 90-655, eff. 7-30-98; 90-739, eff.
23 8-13-98; 91-357, eff. 7-29-99.)