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92_HB0269enr HB0269 Enrolled LRB9202700LDpr 1 AN ACT in relation to alcoholic liquor. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Liquor Control Act of 1934 is amended by 5 changing Sections 1-3.12, 3-12, 5-1, 5-3, and 6-2 as follows: 6 (235 ILCS 5/1-3.12) (from Ch. 43, par. 95.12) 7 Sec. 1-3.12. "Wine-maker" means a person engaged in the 8 making of less than 50,000 gallons of wine annually other 9 than a person issued a Second Class wine-maker's license. 10 (Source: P.A. 89-218, eff. 1-1-96.) 11 (235 ILCS 5/3-12) (from Ch. 43, par. 108) 12 Sec. 3-12. Powers and duties of State Commission. 13 (a) The State commission shall have the following 14 powers, functions and duties: 15 (1) To receive applications and to issue licenses 16 to manufacturers, foreign importers, importing 17 distributors, distributors, non-resident dealers, on 18 premise consumption retailers, off premise sale 19 retailers, special event retailer licensees, special use 20 permit licenses, auction liquor licenses, brew pubs, 21 caterer retailers, non-beverage users, railroads, 22 including owners and lessees of sleeping, dining and cafe 23 cars, airplanes, boats, brokers, and wine maker's 24 premisesretaillicensees in accordance with the 25 provisions of this Act, and to suspend or revoke such 26 licenses upon the State commission's determination, upon 27 notice after hearing, that a licensee has violated any 28 provision of this Act or any rule or regulation issued 29 pursuant thereto and in effect for 30 days prior to such 30 violation. HB0269 Enrolled -2- LRB9202700LDpr 1 In lieu of suspending or revoking a license, the 2 commission may impose a fine, upon the State commission's 3 determination and notice after hearing, that a licensee 4 has violated any provision of this Act or any rule or 5 regulation issued pursuant thereto and in effect for 30 6 days prior to such violation. The fine imposed under 7 this paragraph may not exceed $500 for each violation. 8 Each day that the activity, which gave rise to the 9 original fine, continues is a separate violation. The 10 maximum fine that may be levied against any licensee, for 11 the period of the license, shall not exceed $20,000. The 12 maximum penalty that may be imposed on a licensee for 13 selling a bottle of alcoholic liquor with a foreign 14 object in it or serving from a bottle of alcoholic liquor 15 with a foreign object in it shall be the destruction of 16 that bottle of alcoholic liquor for the first 10 bottles 17 so sold or served from by the licensee. For the eleventh 18 bottle of alcoholic liquor and for each third bottle 19 thereafter sold or served from by the licensee with a 20 foreign object in it, the maximum penalty that may be 21 imposed on the licensee is the destruction of the bottle 22 of alcoholic liquor and a fine of up to $50. 23 (2) To adopt such rules and regulations consistent 24 with the provisions of this Act which shall be necessary 25 to carry on its functions and duties to the end that the 26 health, safety and welfare of the People of the State of 27 Illinois shall be protected and temperance in the 28 consumption of alcoholic liquors shall be fostered and 29 promoted and to distribute copies of such rules and 30 regulations to all licensees affected thereby. 31 (3) To call upon other administrative departments 32 of the State, county and municipal governments, county 33 and city police departments and upon prosecuting officers 34 for such information and assistance as it deems necessary HB0269 Enrolled -3- LRB9202700LDpr 1 in the performance of its duties. 2 (4) To recommend to local commissioners rules and 3 regulations, not inconsistent with the law, for the 4 distribution and sale of alcoholic liquors throughout the 5 State. 6 (5) To inspect, or cause to be inspected, any 7 premises in this State where alcoholic liquors are 8 manufactured, distributed, warehoused, or sold. 9 (5.1) Upon receipt of a complaint or upon having 10 knowledge that any person is engaged in business as a 11 manufacturer, importing distributor, distributor, or 12 retailer without a license or valid license, to notify 13 the local liquor authority, file a complaint with the 14 State's Attorney's Office of the county where the 15 incident occurred, or initiate an investigation with the 16 appropriate law enforcement officials. 17 (5.2) To issue a cease and desist notice to persons 18 shipping alcoholic liquor into this State from a point 19 outside of this State if the shipment is in violation of 20 this Act. 21 (5.3) To receive complaints from licensees, local 22 officials, law enforcement agencies, organizations, and 23 persons stating that any licensee has been or is 24 violating any provision of this Act or the rules and 25 regulations issued pursuant to this Act. Such complaints 26 shall be in writing, signed and sworn to by the person 27 making the complaint, and shall state with specificity 28 the facts in relation to the alleged violation. If the 29 Commission has reasonable grounds to believe that the 30 complaint substantially alleges a violation of this Act 31 or rules and regulations adopted pursuant to this Act, it 32 shall conduct an investigation. If, after conducting an 33 investigation, the Commission is satisfied that the 34 alleged violation did occur, it shall proceed with HB0269 Enrolled -4- LRB9202700LDpr 1 disciplinary action against the licensee as provided in 2 this Act. 3 (6) To hear and determine appeals from orders of a 4 local commission in accordance with the provisions of 5 this Act, as hereinafter set forth. Hearings under this 6 subsection shall be held in Springfield or Chicago, at 7 whichever location is the more convenient for the 8 majority of persons who are parties to the hearing. 9 (7) The commission shall establish uniform systems 10 of accounts to be kept by all retail licensees having 11 more than 4 employees, and for this purpose the 12 commission may classify all retail licensees having more 13 than 4 employees and establish a uniform system of 14 accounts for each class and prescribe the manner in which 15 such accounts shall be kept. The commission may also 16 prescribe the forms of accounts to be kept by all retail 17 licensees having more than 4 employees, including but not 18 limited to accounts of earnings and expenses and any 19 distribution, payment, or other distribution of earnings 20 or assets, and any other forms, records and memoranda 21 which in the judgment of the commission may be necessary 22 or appropriate to carry out any of the provisions of this 23 Act, including but not limited to such forms, records and 24 memoranda as will readily and accurately disclose at all 25 times the beneficial ownership of such retail licensed 26 business. The accounts, forms, records and memoranda 27 shall be available at all reasonable times for inspection 28 by authorized representatives of the State commission or 29 by any local liquor control commissioner or his or her 30 authorized representative. The commission, may, from time 31 to time, alter, amend or repeal, in whole or in part, any 32 uniform system of accounts, or the form and manner of 33 keeping accounts. 34 (8) In the conduct of any hearing authorized to be HB0269 Enrolled -5- LRB9202700LDpr 1 held by the commission, to examine, or cause to be 2 examined, under oath, any licensee, and to examine or 3 cause to be examined the books and records of such 4 licensee; to hear testimony and take proof material for 5 its information in the discharge of its duties hereunder; 6 to administer or cause to be administered oaths; and for 7 any such purpose to issue subpoena or subpoenas to 8 require the attendance of witnesses and the production of 9 books, which shall be effective in any part of this 10 State. 11 Any Circuit Court may by order duly entered, require 12 the attendance of witnesses and the production of 13 relevant books subpoenaed by the State commission and the 14 court may compel obedience to its order by proceedings 15 for contempt. 16 (9) To investigate the administration of laws in 17 relation to alcoholic liquors in this and other states 18 and any foreign countries, and to recommend from time to 19 time to the Governor and through him or her to the 20 legislature of this State, such amendments to this Act, 21 if any, as it may think desirable and as will serve to 22 further the general broad purposes contained in Section 23 1-2 hereof. 24 (10) To adopt such rules and regulations consistent 25 with the provisions of this Act which shall be necessary 26 for the control, sale or disposition of alcoholic liquor 27 damaged as a result of an accident, wreck, flood, fire or 28 other similar occurrence. 29 (11) To develop industry educational programs 30 related to responsible serving and selling, particularly 31 in the areas of overserving consumers and illegal 32 underage purchasing and consumption of alcoholic 33 beverages. 34 (11.1) To license persons providing education and HB0269 Enrolled -6- LRB9202700LDpr 1 training to alcohol beverage sellers and servers under 2 the Beverage Alcohol Sellers and Servers Education and 3 Training (BASSET) programs and to develop and administer 4 a public awareness program in Illinois to reduce or 5 eliminate the illegal purchase and consumption of 6 alcoholic beverage products by persons under the age of 7 21. Application for a license shall be made on forms 8 provided by the State Commission. 9 (12) To develop and maintain a repository of 10 license and regulatory information. 11 (13) On or before January 15, 1994, the Commission 12 shall issue a written report to the Governor and General 13 Assembly that is to be based on a comprehensive study of 14 the impact on and implications for the State of Illinois 15 of Section 1926 of the Federal ADAMHA Reorganization Act 16 of 1992 (Public Law 102-321). This study shall address 17 the extent to which Illinois currently complies with the 18 provisions of P.L. 102-321 and the rules promulgated 19 pursuant thereto. 20 As part of its report, the Commission shall provide 21 the following essential information: 22 (i) the number of retail distributors of 23 tobacco products, by type and geographic area, in 24 the State; 25 (ii) the number of reported citations and 26 successful convictions, categorized by type and 27 location of retail distributor, for violation of the 28 Sale of Tobacco to Minors Act and the Smokeless 29 Tobacco Limitation Act; 30 (iii) the extent and nature of organized 31 educational and governmental activities that are 32 intended to promote, encourage or otherwise secure 33 compliance with any Illinois laws that prohibit the 34 sale or distribution of tobacco products to minors; HB0269 Enrolled -7- LRB9202700LDpr 1 and 2 (iv) the level of access and availability of 3 tobacco products to individuals under the age of 18. 4 To obtain the data necessary to comply with the 5 provisions of P.L. 102-321 and the requirements of this 6 report, the Commission shall conduct random, unannounced 7 inspections of a geographically and scientifically 8 representative sample of the State's retail tobacco 9 distributors. 10 The Commission shall consult with the Department of 11 Public Health, the Department of Human Services, the Illinois 12 State Police and any other executive branch agency, and 13 private organizations that may have information relevant to 14 this report. 15 The Commission may contract with the Food and Drug 16 Administration of the U.S. Department of Health and Human 17 Services to conduct unannounced investigations of Illinois 18 tobacco vendors to determine compliance with federal laws 19 relating to the illegal sale of cigarettes and smokeless 20 tobacco products to persons under the age of 18. 21 (b) On or before April 30, 1999, the Commission shall 22 present a written report to the Governor and the General 23 Assembly that shall be based on a study of the impact of this 24 amendatory Act of 1998 on the business of soliciting, 25 selling, and shipping alcoholic liquor from outside of this 26 State directly to residents of this State. 27 As part of its report, the Commission shall provide the 28 following information: 29 (i) the amount of State excise and sales tax 30 revenues generated as a result of this amendatory Act of 31 1998; 32 (ii) the amount of licensing fees received as a 33 result of this amendatory Act of 1998; 34 (iii) the number of reported violations, the number HB0269 Enrolled -8- LRB9202700LDpr 1 of cease and desist notices issued by the Commission, the 2 number of notices of violations issued to the Department 3 of Revenue, and the number of notices and complaints of 4 violations to law enforcement officials. 5 (Source: P.A. 90-9, eff. 7-1-97; 90-432, eff. 1-1-98; 90-655, 6 eff. 7-30-98; 90-739, eff. 8-13-98; 91-553, eff. 8-14-99; 7 91-922, eff. 7-7-00.) 8 (235 ILCS 5/5-1) (from Ch. 43, par. 115) 9 Sec. 5-1. Licenses issued by the Illinois Liquor Control 10 Commission shall be of the following classes: 11 (a) Manufacturer's license - Class 1. Distiller, Class 12 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine 13 Manufacturer, Class 5. Second Class Wine Manufacturer, 14 Class 6. First Class Winemaker, Class 7. Second Class 15 Winemaker, Class 8. Limited Wine Manufacturer, 16 (b) Distributor's license, 17 (c) Importing Distributor's license, 18 (d) Retailer's license, 19 (e) Special Event Retailer's license (not-for-profit), 20 (f) Railroad license, 21 (g) Boat license, 22 (h) Non-Beverage User's license, 23 (i) Wine-maker's premisesretaillicense, 24 (j) Airplane license, 25 (k) Foreign importer's license, 26 (l) Broker's license, 27 (m) Non-resident dealer's license, 28 (n) Brew Pub license, 29 (o) Auction liquor license, 30 (p) Caterer retailer license, 31 (q) Special use permit license. 32 No person, firm, partnership, corporation, or other legal 33 business entity that is engaged in the manufacturing of wine HB0269 Enrolled -9- LRB9202700LDpr 1 may concurrently obtain and hold a wine-maker's license and a 2 wine manufacturer's license.Nothing in this provision, nor3in any subsequent provision of this Act shall be interpreted4as forbidding an individual or firm from concurrently5obtaining and holding a Winemaker's and a Wine manufacturer's6license.7 (a) A manufacturer's license shall allow the 8 manufacture, importation in bulk, storage, distribution and 9 sale of alcoholic liquor to persons without the State, as may 10 be permitted by law and to licensees in this State as 11 follows: 12 Class 1. A Distiller may make sales and deliveries of 13 alcoholic liquor to distillers, rectifiers, importing 14 distributors, distributors and non-beverage users and to no 15 other licensees. 16 Class 2. A Rectifier, who is not a distiller, as defined 17 herein, may make sales and deliveries of alcoholic liquor to 18 rectifiers, importing distributors, distributors, retailers 19 and non-beverage users and to no other licensees. 20 Class 3. A Brewer may make sales and deliveries of beer 21 to importing distributors, distributors, and to 22 non-licensees, and to retailers provided the brewer obtains 23 an importing distributor's license or distributor's license 24 in accordance with the provisions of this Act. 25 Class 4. A first class wine-manufacturer may make sales 26 and deliveries up toof between 40,000 and50,000 gallons of 27 wine to manufacturers, importing distributors and 28 distributors, and to no other licensees. 29 Class 5. A second class Wine manufacturer may make sales 30 and deliveries of more than 50,000 gallons of wine to 31 manufacturers, importing distributors and distributors and to 32 no other licensees. 33 Class 6. A first-class wine-maker's license shall allow 34 the manufacture of up to 50,000less than 20,000gallons of HB0269 Enrolled -10- LRB9202700LDpr 1 wine per year, and the storage and sale of such wine to 2 distributorsand retailersin the State and to persons 3 without the State, as may be permitted by law. A first-class 4 wine-maker's license shall allow the sale of no more than 5 5,000 gallons of the licensee's wine to retailers. The State 6 Commission shall issue only one first-class wine-maker's 7 license to any person, firm, partnership, corporation, or 8 other legal business entity that is engaged in the making of 9 less than 50,000 gallons of wine annually that applies for a 10 first-class wine-maker's license. No subsidiary or affiliate 11 thereof, nor any officer, associate, member, partner, 12 representative, employee, agent, or shareholder may be issued 13 an additional wine-maker's license by the State Commission. 14 Class 7. A second-class wine-maker's license shall allow 15 the manufacture of betweenup to50,000 and 100,000 gallons 16 of wine per year, and the storage and sale of such wine to 17 distributors in this State and to persons without the State, 18 as may be permitted by law. A second-class wine-maker's 19 license shall allow the sale of no more than 10,000 gallons 20 of the licensee's wine directly to retailers. The State 21 Commission shall issue only one second-class wine-maker's 22 license to any person, firm, partnership, corporation, or 23 other legal business entity that is engaged in the making of 24 less than 100,000 gallons of wine annually that applies for a 25 second-class wine-maker's license. No subsidiary or 26 affiliate thereof, or any officer, associate, member, 27 partner, representative, employee, agent, or shareholder may 28 be issued an additional wine-maker's license by the State 29 Commission. 30 Class 8. A limited wine-manufacturer may make sales and 31 deliveries not to exceed 40,000 gallons of wine per year to 32 distributors, and to non-licensees in accordance with the 33 provisions of this Act. 34 (a-1) A manufacturer which is licensed in this State to HB0269 Enrolled -11- LRB9202700LDpr 1 make sales or deliveries of alcoholic liquor and which 2 enlists agents, representatives, or individuals acting on its 3 behalf who contact licensed retailers on a regular and 4 continual basis in this State must register those agents, 5 representatives, or persons acting on its behalf with the 6 State Commission. 7 Registration of agents, representatives, or persons 8 acting on behalf of a manufacturer is fulfilled by submitting 9 a form to the Commission. The form shall be developed by the 10 Commission and shall include the name and address of the 11 applicant, the name and address of the manufacturer he or she 12 represents, the territory or areas assigned to sell to or 13 discuss pricing terms of alcoholic liquor, and any other 14 questions deemed appropriate and necessary. All statements 15 in the forms required to be made by law or by rule shall be 16 deemed material, and any person who knowingly misstates any 17 material fact under oath in an application is guilty of a 18 Class B misdemeanor. Fraud, misrepresentation, false 19 statements, misleading statements, evasions, or suppression 20 of material facts in the securing of a registration are 21 grounds for suspension or revocation of the registration. 22 (b) A distributor's license shall allow the wholesale 23 purchase and storage of alcoholic liquors and sale of 24 alcoholic liquors to licensees in this State and to persons 25 without the State, as may be permitted by law. 26 (c) An importing distributor's license may be issued to 27 and held by those only who are duly licensed distributors, 28 upon the filing of an application by a duly licensed 29 distributor, with the Commission and the Commission shall, 30 without the payment of any fee, immediately issue such 31 importing distributor's license to the applicant, which shall 32 allow the importation of alcoholic liquor by the licensee 33 into this State from any point in the United States outside 34 this State, and the purchase of alcoholic liquor in barrels, HB0269 Enrolled -12- LRB9202700LDpr 1 casks or other bulk containers and the bottling of such 2 alcoholic liquors before resale thereof, but all bottles or 3 containers so filled shall be sealed, labeled, stamped and 4 otherwise made to comply with all provisions, rules and 5 regulations governing manufacturers in the preparation and 6 bottling of alcoholic liquors. The importing distributor's 7 license shall permit such licensee to purchase alcoholic 8 liquor from Illinois licensed non-resident dealers and 9 foreign importers only. 10 (d) A retailer's license shall allow the licensee to 11 sell and offer for sale at retail, only in the premises 12 specified in such license, alcoholic liquor for use or 13 consumption, but not for resale in any form: Provided that 14 any retail license issued to a manufacturer shall only permit 15 such manufacturer to sell beer at retail on the premises 16 actually occupied by such manufacturer. 17 After January 1, 1995 there shall be 2 classes of 18 licenses issued under a retailers license. 19 (1) A "retailers on premise consumption license" 20 shall allow the licensee to sell and offer for sale at 21 retail, only on the premises specified in the license, 22 alcoholic liquor for use or consumption on the premises 23 or on and off the premises, but not for resale in any 24 form. 25 (2) An "off premise sale license" shall allow the 26 licensee to sell, or offer for sale at retail, alcoholic 27 liquor intended only for off premise consumption and not 28 for resale in any form. 29 Notwithstanding any other provision of this subsection 30 (d), a retail licensee may sell alcoholic liquors to a 31 special event retailer licensee for resale to the extent 32 permitted under subsection (e). 33 (e) A special event retailer's license (not-for-profit) 34 shall permit the licensee to purchase alcoholic liquors from HB0269 Enrolled -13- LRB9202700LDpr 1 an Illinois licensed distributor (unless the licensee 2 purchases less than $500 of alcoholic liquors for the special 3 event, in which case the licensee may purchase the alcoholic 4 liquors from a licensed retailer) and shall allow the 5 licensee to sell and offer for sale, at retail, alcoholic 6 liquors for use or consumption, but not for resale in any 7 form and only at the location and on the specific dates 8 designated for the special event in the license. An 9 applicant for a special event retailer license must (i) 10 furnish with the application: (A) a resale number issued 11 under Section 2c of the Retailers' Occupation Tax Act or 12 evidence that the applicant is registered under Section 2a of 13 the Retailers' Occupation Tax Act, (B) a current, valid 14 exemption identification number issued under Section 1g of 15 the Retailers' Occupation Tax Act, and a certification to the 16 Commission that the purchase of alcoholic liquors will be a 17 tax-exempt purchase, or (C) a statement that the applicant is 18 not registered under Section 2a of the Retailers' Occupation 19 Tax Act, does not hold a resale number under Section 2c of 20 the Retailers' Occupation Tax Act, and does not hold an 21 exemption number under Section 1g of the Retailers' 22 Occupation Tax Act, in which event the Commission shall set 23 forth on the special event retailer's license a statement to 24 that effect; (ii) submit with the application proof 25 satisfactory to the State Commission that the applicant will 26 provide dram shop liability insurance in the maximum limits; 27 and (iii) show proof satisfactory to the State Commission 28 that the applicant has obtained local authority approval. 29 (f) A railroad license shall permit the licensee to 30 import alcoholic liquors into this State from any point in 31 the United States outside this State and to store such 32 alcoholic liquors in this State; to make wholesale purchases 33 of alcoholic liquors directly from manufacturers, foreign 34 importers, distributors and importing distributors from HB0269 Enrolled -14- LRB9202700LDpr 1 within or outside this State; and to store such alcoholic 2 liquors in this State; provided that the above powers may be 3 exercised only in connection with the importation, purchase 4 or storage of alcoholic liquors to be sold or dispensed on a 5 club, buffet, lounge or dining car operated on an electric, 6 gas or steam railway in this State; and provided further, 7 that railroad licensees exercising the above powers shall be 8 subject to all provisions of Article VIII of this Act as 9 applied to importing distributors. A railroad license shall 10 also permit the licensee to sell or dispense alcoholic 11 liquors on any club, buffet, lounge or dining car operated on 12 an electric, gas or steam railway regularly operated by a 13 common carrier in this State, but shall not permit the sale 14 for resale of any alcoholic liquors to any licensee within 15 this State. A license shall be obtained for each car in 16 which such sales are made. 17 (g) A boat license shall allow the sale of alcoholic 18 liquor in individual drinks, on any passenger boat regularly 19 operated as a common carrier on navigable waters in this 20 State, which boat maintains a public dining room or 21 restaurant thereon. 22 (h) A non-beverage user's license shall allow the 23 licensee to purchase alcoholic liquor from a licensed 24 manufacturer or importing distributor, without the imposition 25 of any tax upon the business of such licensed manufacturer or 26 importing distributor as to such alcoholic liquor to be used 27 by such licensee solely for the non-beverage purposes set 28 forth in subsection (a) of Section 8-1 of this Act, and such 29 licenses shall be divided and classified and shall permit the 30 purchase, possession and use of limited and stated quantities 31 of alcoholic liquor as follows: 32 Class 1, not to exceed ....................... 500 gallons 33 Class 2, not to exceed ....................... 1,000 gallons 34 Class 3, not to exceed ....................... 5,000 gallons HB0269 Enrolled -15- LRB9202700LDpr 1 Class 4, not to exceed ....................... 10,000 gallons 2 Class 5, not to exceed ....................... 50,000 gallons 3 (i) A wine-maker's premisesretaillicense shall allow a 4thelicensee that concurrently holds a first-class 5 wine-maker's license to sell and offer for sale at retail in 6 the premises specified in such license not more than 50,000 7 gallons of the first-class wine-maker's wine that is made at 8 the first-class wine-maker's licensed premises per year for 9 use or consumption, but not for resale in any form. A 10 wine-maker's premises license shall allow a licensee who 11 concurrently holds a second-class wine-maker's license to 12 sell and offer for sale at retail in the premises specified 13 in such license up to 100,000 gallons of the second-class 14 wine-maker's wine that is made at the second-class 15 wine-maker's licensed premises per year for use or 16 consumption but not for resale in any form. Upon approval 17 from the State Commission, a wine-maker's premises license 18 shall allow the licensee to sell and offer for sale at (i) 19 the wine-maker's licensed premises and (ii) at up to 2 20 additional locations for use and consumption and not for 21 resale. Each location shall require additional licensing per 22 location as specified in Section 5-3 of this Act.; this23license shall be issued only to a person licensed as a24first-class or second-class wine-maker. A wine-maker's retail25licensee, upon receiving permission from the Commission, may26conduct business at a second location that is separate from27the location specified in its wine-maker's retail license.28One wine-maker's retail license-second location may be issued29to a wine-maker's retail licensee allowing the licensee to30sell and offer for sale at retail in the premises specified31in the wine-maker's retail license-second location up to3250,000 gallons of wine that was produced at the licensee's33first location per year for use and consumption and not for34resale.HB0269 Enrolled -16- LRB9202700LDpr 1 (j) An airplane license shall permit the licensee to 2 import alcoholic liquors into this State from any point in 3 the United States outside this State and to store such 4 alcoholic liquors in this State; to make wholesale purchases 5 of alcoholic liquors directly from manufacturers, foreign 6 importers, distributors and importing distributors from 7 within or outside this State; and to store such alcoholic 8 liquors in this State; provided that the above powers may be 9 exercised only in connection with the importation, purchase 10 or storage of alcoholic liquors to be sold or dispensed on an 11 airplane; and provided further, that airplane licensees 12 exercising the above powers shall be subject to all 13 provisions of Article VIII of this Act as applied to 14 importing distributors. An airplane licensee shall also 15 permit the sale or dispensing of alcoholic liquors on any 16 passenger airplane regularly operated by a common carrier in 17 this State, but shall not permit the sale for resale of any 18 alcoholic liquors to any licensee within this State. A 19 single airplane license shall be required of an airline 20 company if liquor service is provided on board aircraft in 21 this State. The annual fee for such license shall be as 22 determined in Section 5-3. 23 (k) A foreign importer's license shall permit such 24 licensee to purchase alcoholic liquor from Illinois licensed 25 non-resident dealers only, and to import alcoholic liquor 26 other than in bulk from any point outside the United States 27 and to sell such alcoholic liquor to Illinois licensed 28 importing distributors and to no one else in Illinois. 29 (l) (i) A broker's license shall be required of all 30 persons who solicit orders for, offer to sell or offer to 31 supply alcoholic liquor to retailers in the State of 32 Illinois, or who offer to retailers to ship or cause to be 33 shipped or to make contact with distillers, rectifiers, 34 brewers or manufacturers or any other party within or without HB0269 Enrolled -17- LRB9202700LDpr 1 the State of Illinois in order that alcoholic liquors be 2 shipped to a distributor, importing distributor or foreign 3 importer, whether such solicitation or offer is consummated 4 within or without the State of Illinois. 5 No holder of a retailer's license issued by the Illinois 6 Liquor Control Commission shall purchase or receive any 7 alcoholic liquor, the order for which was solicited or 8 offered for sale to such retailer by a broker unless the 9 broker is the holder of a valid broker's license. 10 The broker shall, upon the acceptance by a retailer of 11 the broker's solicitation of an order or offer to sell or 12 supply or deliver or have delivered alcoholic liquors, 13 promptly forward to the Illinois Liquor Control Commission a 14 notification of said transaction in such form as the 15 Commission may by regulations prescribe. 16 (ii) A broker's license shall be required of a person 17 within this State, other than a retail licensee, who, for a 18 fee or commission, promotes, solicits, or accepts orders for 19 alcoholic liquor, for use or consumption and not for resale, 20 to be shipped from this State and delivered to residents 21 outside of this State by an express company, common carrier, 22 or contract carrier. This Section does not apply to any 23 person who promotes, solicits, or accepts orders for wine as 24 specifically authorized in Section 6-29 of this Act. 25 A broker's license under this subsection (1) shall not 26 entitle the holder to buy or sell any alcoholic liquors for 27 his own account or to take or deliver title to such alcoholic 28 liquors. 29 This subsection (1) shall not apply to distributors, 30 employees of distributors, or employees of a manufacturer who 31 has registered the trademark, brand or name of the alcoholic 32 liquor pursuant to Section 6-9 of this Act, and who regularly 33 sells such alcoholic liquor in the State of Illinois only to 34 its registrants thereunder. HB0269 Enrolled -18- LRB9202700LDpr 1 Any agent, representative, or person subject to 2 registration pursuant to subsection (a-1) of this Section 3 shall not be eligible to receive 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 HB0269 Enrolled -19- LRB9202700LDpr 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.) 24 (235 ILCS 5/5-3) (from Ch. 43, par. 118) 25 Sec. 5-3. License fees. Except as otherwise provided 26 herein, at the time application is made to the State 27 Commission for a license of any class, the applicant shall 28 pay to the State Commission the fee hereinafter provided for 29 the kind of license applied for. 30 The fee for licenses issued by the State Commission shall 31 be as follows: 32 For a manufacturer's license: 33 Class 1. Distiller ........................... $3,600 HB0269 Enrolled -20- LRB9202700LDpr 1 Class 2. Rectifier ........................... 3,600 2 Class 3. Brewer .............................. 900 3 Class 4. First-class Wine Manufacturer ....... 600 4 Class 5. Second-class 5 Wine Manufacturer ....................... 1,200 6 Class 6. First-class wine-maker .............. 6002407 Class 7. Second-class wine-maker ............. 12004808 Class 8. Limited Wine Manufacturer........... 120 9 For a Brew Pub License ....................... 1,050 10 For a caterer retailer's license.............. 200 11 For a foreign importer's license ............. 25 12 For an importing distributor's license ....... 25 13 For a distributor's license .................. 270 14 For a non-resident dealer's license 15 (500,000 gallons or over) ............... 270 16 For a non-resident dealer's license 17 (under 500,000 gallons) ................. 90 18 For a wine-maker's premisesretaillicense ... 100 19 For a wine-maker's premisesretaillicense, 20 second location ......................... 350 21 For a wine-maker's premises license, 22 third location .......................... 350 23 For a retailer's license ..................... 175 24 For a special event retailer's license, 25 (not-for-profit) ........................ 25 26 For a special use permit license, 27 one day only ............................ 50 28 2 days or more .......................... 100 29 For a railroad license ....................... 60 30 For a boat license ........................... 180 31 For an airplane license, times the 32 licensee's maximum number of aircraft 33 in flight, serving liquor over the 34 State at any given time, which either HB0269 Enrolled -21- LRB9202700LDpr 1 originate, terminate, or make 2 an intermediate stop in the State ....... 60 3 For a non-beverage user's license: 4 Class 1 ................................. 24 5 Class 2 ................................. 60 6 Class 3 ................................. 120 7 Class 4 ................................. 240 8 Class 5 ................................. 600 9 For a broker's license ....................... 600 10 For an auction liquor license ................ 50 11 Fees collected under this Section shall be paid into the 12 Dram Shop Fund. Beginning June 30, 1990 and on June 30 of 13 each subsequent year, any balance over $5,000,000 remaining 14 in the Dram Shop Fund shall be credited to State liquor 15 licensees and applied against their fees for State liquor 16 licenses for the following year. The amount credited to each 17 licensee shall be a proportion of the balance in the Dram 18 Fund that is the same as the proportion of the license fee 19 paid by the licensee under this Section for the period in 20 which the balance was accumulated to the aggregate fees paid 21 by all licensees during that period. 22 No fee shall be paid for licenses issued by the State 23 Commission to the following non-beverage users: 24 (a) Hospitals, sanitariums, or clinics when their 25 use of alcoholic liquor is exclusively medicinal, 26 mechanical or scientific. 27 (b) Universities, colleges of learning or schools 28 when their use of alcoholic liquor is exclusively 29 medicinal, mechanical or scientific. 30 (c) Laboratories when their use is exclusively for 31 the purpose of scientific research. 32 (Source: P.A. 90-77, eff. 7-8-97; 91-25, eff. 6-9-99; 91-357, 33 eff. 7-29-99.) HB0269 Enrolled -22- LRB9202700LDpr 1 (235 ILCS 5/6-2) (from Ch. 43, par. 120) 2 Sec. 6-2. Issuance of licenses to certain persons 3 prohibited. 4 (a) Except as otherwise provided in subsection (b), no 5 license of any kind issued by the State Commission or any 6 local commission shall be issued to: 7 (1) A person who is not a resident of any city, 8 village or county in which the premises covered by the 9 license are located; except in case of railroad or boat 10 licenses.;11 (2) A person who is not of good character and 12 reputation in the community in which he resides.;13 (3) A person who is not a citizen of the United 14 States.;15 (4) A person who has been convicted of a felony 16 under any Federal or State law, unless the Commission 17 determines that such person has been sufficiently 18 rehabilitated to warrant the public trust after 19 considering matters set forth in such person's 20 application and the Commission's investigation. The 21 burden of proof of sufficient rehabilitation shall be on 22 the applicant.;23 (5) A person who has been convicted of being the 24 keeper or is keeping a house of ill fame.;25 (6) A person who has been convicted of pandering or 26 other crime or misdemeanor opposed to decency and 27 morality.;28 (7) A person whose license issued under this Act 29 has been revoked for cause.;30 (8) A person who at the time of application for 31 renewal of any license issued hereunder would not be 32 eligible for such license upon a first application.;33 (9) A copartnership, if any general partnership 34 thereof, or any limited partnership thereof, owning more HB0269 Enrolled -23- LRB9202700LDpr 1 than 5% of the aggregate limited partner interest in such 2 copartnership would not be eligible to receive a license 3 hereunder for any reason other than residence within the 4 political subdivision, unless residency is required by 5 local ordinance.;6 (10) A corporation, if any officer, manager or 7 director thereof, or any stockholder or stockholders 8 owning in the aggregate more than 5% of the stock of such 9 corporation, would not be eligible to receive a license 10 hereunder for any reason other than citizenship and 11 residence within the political subdivision.;12 (10a) A corporation unless it is incorporated in 13 Illinois, or unless it is a foreign corporation which is 14 qualified under the Business Corporation Act of 1983 to 15 transact business in Illinois.;16 (11) A person whose place of business is conducted 17 by a manager or agent unless the manager or agent 18 possesses the same qualifications required by the 19 licensee.;20 (12) A person who has been convicted of a violation 21 of any Federal or State law concerning the manufacture, 22 possession or sale of alcoholic liquor, subsequent to the 23 passage of this Act or has forfeited his bond to appear 24 in court to answer charges for any such violation.;25 (13) A person who does not beneficially own the 26 premises for which a license is sought, or does not have 27 a lease thereon for the full period for which the license 28 is to be issued.;29 (14) Any law enforcing public official, including 30 members of local liquor control commissions, any mayor, 31 alderman, or member of the city council or commission, 32 any president of the village board of trustees, any 33 member of a village board of trustees, or any president 34 or member of a county board; and no such official shall HB0269 Enrolled -24- LRB9202700LDpr 1 be interested directly in the manufacture, sale, or 2 distribution of alcoholic liquor, except that a license 3 may be granted to such official in relation to premises 4 thatwhichare not located within the territory subject 5 to the jurisdiction of that official if the issuance of 6 such license is approved by the State Liquor Control 7 Commission and except that a license may be granted, in a 8 city or village with a population of 50,000 or less, to 9 any alderman, member of a city council, or member of a 10 village board of trustees in relation to premises that 11 are located within the territory subject to the 12 jurisdiction of that official if (i) the sale of 13 alcoholic liquor pursuant to the license is incidental to 14 the selling of food, (ii) the issuance of the license is 15 approved by the State Commission, (iii) the issuance of 16 the license is in accordance with all applicable local 17 ordinances in effect where the premises are located, and 18 (iv) the official granted a license does not vote on 19 alcoholic liquor issues pending before the board or 20 council to which the license holder is elected.;21 (15) A person who is not a beneficial owner of the 22 business to be operated by the licensee.;23 (16) A person who has been convicted of a gambling 24 offense as proscribed by any of subsections (a) (3) 25 through (a) (11) of Section 28-1 of, or as proscribed by 26 Section 28-1.1 or 28-3 of, the Criminal Code of 1961, or 27 as proscribed by a statute replaced by any of the 28 aforesaid statutory provisions.;29 (17) A person or entity to whom a federal wagering 30 stamp has been issued by the federal government, unless 31 the person or entity is eligible to be issued a license 32 under the Raffles Act or the Illinois Pull Tabs and Jar 33 Games Act. 34 (b) A criminal conviction of a corporation is not HB0269 Enrolled -25- LRB9202700LDpr 1 grounds for the denial, suspension, or revocation of a 2 license applied for or held by the corporation if the 3 criminal conviction was not the result of a violation of any 4 federal or State law concerning the manufacture, possession 5 or sale of alcoholic liquor, the offense that led to the 6 conviction did not result in any financial gain to the 7 corporation and the corporation has terminated its 8 relationship with each director, officer, employee, or 9 controlling shareholder whose actions directly contributed to 10 the conviction of the corporation. The Commission shall 11 determine if all provisions of this subsection (b) have been 12 met before any action on the corporation's license is 13 initiated. 14 (Source: P.A. 88-652, eff. 9-16-94; 89-250, eff. 1-1-96.) 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.