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92_HB4462enr HB4462 Enrolled LRB9212768LDtm 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 Section 5-1 as follows: 6 (235 ILCS 5/5-1) (from Ch. 43, par. 115) 7 Sec. 5-1. Licenses issued by the Illinois Liquor Control 8 Commission shall be of the following classes: 9 (a) Manufacturer's license - Class 1. Distiller, Class 10 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine 11 Manufacturer, Class 5. Second Class Wine Manufacturer, 12 Class 6. First Class Winemaker, Class 7. Second Class 13 Winemaker, Class 8. Limited Wine Manufacturer, 14 (b) Distributor's license, 15 (c) Importing Distributor's license, 16 (d) Retailer's license, 17 (e) Special Event Retailer's license (not-for-profit), 18 (f) Railroad license, 19 (g) Boat license, 20 (h) Non-Beverage User's license, 21 (i) Wine-maker's premises license, 22 (j) Airplane license, 23 (k) Foreign importer's license, 24 (l) Broker's license, 25 (m) Non-resident dealer's license, 26 (n) Brew Pub license, 27 (o) Auction liquor license, 28 (p) Caterer retailer license, 29 (q) Special use permit license. 30 No person, firm, partnership, corporation, or other legal 31 business entity that is engaged in the manufacturing of wine HB4462 Enrolled -2- LRB9212768LDtm 1 may concurrently obtain and hold a wine-maker's license and a 2 wine manufacturer's license. 3 (a) A manufacturer's license shall allow the 4 manufacture, importation in bulk, storage, distribution and 5 sale of alcoholic liquor to persons without the State, as may 6 be permitted by law and to licensees in this State as 7 follows: 8 Class 1. A Distiller may make sales and deliveries of 9 alcoholic liquor to distillers, rectifiers, importing 10 distributors, distributors and non-beverage users and to no 11 other licensees. 12 Class 2. A Rectifier, who is not a distiller, as defined 13 herein, may make sales and deliveries of alcoholic liquor to 14 rectifiers, importing distributors, distributors, retailers 15 and non-beverage users and to no other licensees. 16 Class 3. A Brewer may make sales and deliveries of beer 17 to importing distributors, distributors, and to 18 non-licensees, and to retailers provided the brewer obtains 19 an importing distributor's license or distributor's license 20 in accordance with the provisions of this Act. 21 Class 4. A first class wine-manufacturer may make sales 22 and deliveries of up to 50,000 gallons of wine to 23 manufacturers, importing distributors and distributors, and 24 to no other licensees. 25 Class 5. A second class Wine manufacturer may make sales 26 and deliveries of more than 50,000 gallons of wine to 27 manufacturers, importing distributors and distributors and to 28 no other licensees. 29 Class 6. A first-class wine-maker's license shall allow 30 the manufacture of up to 50,000 gallons of wine per year, and 31 the storage and sale of such wine to distributors in the 32 State and to persons without the State, as may be permitted 33 by law. A first-class wine-maker's license shall allow the 34 sale of no more than 5,000 gallons of the licensee's wine to HB4462 Enrolled -3- LRB9212768LDtm 1 retailers. The State Commission shall issue only one 2 first-class wine-maker's license to any person, firm, 3 partnership, corporation, or other legal business entity that 4 is engaged in the making of less than 50,000 gallons of wine 5 annually that applies for a first-class wine-maker's license. 6 No subsidiary or affiliate thereof, nor any officer, 7 associate, member, partner, representative, employee, agent, 8 or shareholder may be issued an additional wine-maker's 9 license by the State Commission. 10 Class 7. A second-class wine-maker's license shall allow 11 the manufacture of between 50,000 and 100,000 gallons of wine 12 per year, and the storage and sale of such wine to 13 distributors in this State and to persons without the State, 14 as may be permitted by law. A second-class wine-maker's 15 license shall allow the sale of no more than 10,000 gallons 16 of the licensee's wine directly to retailers. The State 17 Commission shall issue only one second-class wine-maker's 18 license to any person, firm, partnership, corporation, or 19 other legal business entity that is engaged in the making of 20 less than 100,000 gallons of wine annually that applies for a 21 second-class wine-maker's license. No subsidiary or 22 affiliate thereof, or any officer, associate, member, 23 partner, representative, employee, agent, or shareholder may 24 be issued an additional wine-maker's license by the State 25 Commission. 26 Class 8. A limited wine-manufacturer may make sales and 27 deliveries not to exceed 40,000 gallons of wine per year to 28 distributors, and to non-licensees in accordance with the 29 provisions of this Act. 30 (a-1) A manufacturer which is licensed in this State to 31 make sales or deliveries of alcoholic liquor and which 32 enlists agents, representatives, or individuals acting on its 33 behalf who contact licensed retailers on a regular and 34 continual basis in this State must register those agents, HB4462 Enrolled -4- LRB9212768LDtm 1 representatives, or persons acting on its behalf with the 2 State Commission. 3 Registration of agents, representatives, or persons 4 acting on behalf of a manufacturer is fulfilled by submitting 5 a form to the Commission. The form shall be developed by the 6 Commission and shall include the name and address of the 7 applicant, the name and address of the manufacturer he or she 8 represents, the territory or areas assigned to sell to or 9 discuss pricing terms of alcoholic liquor, and any other 10 questions deemed appropriate and necessary. All statements in 11 the forms required to be made by law or by rule shall be 12 deemed material, and any person who knowingly misstates any 13 material fact under oath in an application is guilty of a 14 Class B misdemeanor. Fraud, misrepresentation, false 15 statements, misleading statements, evasions, or suppression 16 of material facts in the securing of a registration are 17 grounds for suspension or revocation of the registration. 18 (b) A distributor's license shall allow the wholesale 19 purchase and storage of alcoholic liquors and sale of 20 alcoholic liquors to licensees in this State and to persons 21 without the State, as may be permitted by law. 22 (c) An importing distributor's license may be issued to 23 and held by those only who are duly licensed distributors, 24 upon the filing of an application by a duly licensed 25 distributor, with the Commission and the Commission shall, 26 without the payment of any fee, immediately issue such 27 importing distributor's license to the applicant, which shall 28 allow the importation of alcoholic liquor by the licensee 29 into this State from any point in the United States outside 30 this State, and the purchase of alcoholic liquor in barrels, 31 casks or other bulk containers and the bottling of such 32 alcoholic liquors before resale thereof, but all bottles or 33 containers so filled shall be sealed, labeled, stamped and 34 otherwise made to comply with all provisions, rules and HB4462 Enrolled -5- LRB9212768LDtm 1 regulations governing manufacturers in the preparation and 2 bottling of alcoholic liquors. The importing distributor's 3 license shall permit such licensee to purchase alcoholic 4 liquor from Illinois licensed non-resident dealers and 5 foreign importers only. 6 (d) A retailer's license shall allow the licensee to 7 sell and offer for sale at retail, only in the premises 8 specified in such license, alcoholic liquor for use or 9 consumption, but not for resale in any form: Provided that 10 any retail license issued to a manufacturer shall only permit 11 such manufacturer to sell beer at retail on the premises 12 actually occupied by such manufacturer. 13 After January 1, 1995 there shall be 2 classes of 14 licenses issued under a retailers license. 15 (1) A "retailers on premise consumption license" 16 shall allow the licensee to sell and offer for sale at 17 retail, only on the premises specified in the license, 18 alcoholic liquor for use or consumption on the premises 19 or on and off the premises, but not for resale in any 20 form. 21 (2) An "off premise sale license" shall allow the 22 licensee to sell, or offer for sale at retail, alcoholic 23 liquor intended only for off premise consumption and not 24 for resale in any form. 25 Notwithstanding any other provision of this subsection 26 (d), a retail licensee may sell alcoholic liquors to a 27 special event retailer licensee for resale to the extent 28 permitted under subsection (e). 29 (e) A special event retailer's license (not-for-profit) 30 shall permit the licensee to purchase alcoholic liquors from 31 an Illinois licensed distributor (unless the licensee 32 purchases less than $500 of alcoholic liquors for the special 33 event, in which case the licensee may purchase the alcoholic 34 liquors from a licensed retailer) and shall allow the HB4462 Enrolled -6- LRB9212768LDtm 1 licensee to sell and offer for sale, at retail, alcoholic 2 liquors for use or consumption, but not for resale in any 3 form and only at the location and on the specific dates 4 designated for the special event in the license. An 5 applicant for a special event retailer license must (i) 6 furnish with the application: (A) a resale number issued 7 under Section 2c of the Retailers' Occupation Tax Act or 8 evidence that the applicant is registered under Section 2a of 9 the Retailers' Occupation Tax Act, (B) a current, valid 10 exemption identification number issued under Section 1g of 11 the Retailers' Occupation Tax Act, and a certification to the 12 Commission that the purchase of alcoholic liquors will be a 13 tax-exempt purchase, or (C) a statement that the applicant is 14 not registered under Section 2a of the Retailers' Occupation 15 Tax Act, does not hold a resale number under Section 2c of 16 the Retailers' Occupation Tax Act, and does not hold an 17 exemption number under Section 1g of the Retailers' 18 Occupation Tax Act, in which event the Commission shall set 19 forth on the special event retailer's license a statement to 20 that effect; (ii) submit with the application proof 21 satisfactory to the State Commission that the applicant will 22 provide dram shop liability insurance in the maximum limits; 23 and (iii) show proof satisfactory to the State Commission 24 that the applicant has obtained local authority approval. 25 (f) A railroad license shall permit the licensee to 26 import alcoholic liquors into this State from any point in 27 the United States outside this State and to store such 28 alcoholic liquors in this State; to make wholesale purchases 29 of alcoholic liquors directly from manufacturers, foreign 30 importers, distributors and importing distributors from 31 within or outside this State; and to store such alcoholic 32 liquors in this State; provided that the above powers may be 33 exercised only in connection with the importation, purchase 34 or storage of alcoholic liquors to be sold or dispensed on a HB4462 Enrolled -7- LRB9212768LDtm 1 club, buffet, lounge or dining car operated on an electric, 2 gas or steam railway in this State; and provided further, 3 that railroad licensees exercising the above powers shall be 4 subject to all provisions of Article VIII of this Act as 5 applied to importing distributors. A railroad license shall 6 also permit the licensee to sell or dispense alcoholic 7 liquors on any club, buffet, lounge or dining car operated on 8 an electric, gas or steam railway regularly operated by a 9 common carrier in this State, but shall not permit the sale 10 for resale of any alcoholic liquors to any licensee within 11 this State. A license shall be obtained for each car in 12 which such sales are made. 13 (g) A boat license shall allow the sale of alcoholic 14 liquor in individual drinks, on any passenger boat regularly 15 operated as a common carrier on navigable waters in this 16 State or on any riverboat operated under the Riverboat 17 Gambling Act, which boat or riverboat maintains a public 18 dining room or restaurant thereon. 19 (h) A non-beverage user's license shall allow the 20 licensee to purchase alcoholic liquor from a licensed 21 manufacturer or importing distributor, without the imposition 22 of any tax upon the business of such licensed manufacturer or 23 importing distributor as to such alcoholic liquor to be used 24 by such licensee solely for the non-beverage purposes set 25 forth in subsection (a) of Section 8-1 of this Act, and such 26 licenses shall be divided and classified and shall permit the 27 purchase, possession and use of limited and stated quantities 28 of alcoholic liquor as follows: 29 Class 1, not to exceed ....................... 500 gallons 30 Class 2, not to exceed ....................... 1,000 gallons 31 Class 3, not to exceed ....................... 5,000 gallons 32 Class 4, not to exceed ....................... 10,000 gallons 33 Class 5, not to exceed ....................... 50,000 gallons 34 (i) A wine-maker's premises license shall allow a HB4462 Enrolled -8- LRB9212768LDtm 1 licensee that concurrently holds a first-class wine-maker's 2 license to sell and offer for sale at retail in the premises 3 specified in such license not more than 50,000 gallons of the 4 first-class wine-maker's wine that is made at the first-class 5 wine-maker's licensed premises per year for use or 6 consumption, but not for resale in any form. A wine-maker's 7 premises license shall allow a licensee who concurrently 8 holds a second-class wine-maker's license to sell and offer 9 for sale at retail in the premises specified in such license 10 up to 100,000 gallons of the second-class wine-maker's wine 11 that is made at the second-class wine-maker's licensed 12 premises per year for use or consumption but not for resale 13 in any form. Upon approval from the State Commission, a 14 wine-maker's premises license shall allow the licensee to 15 sell and offer for sale at (i) the wine-maker's licensed 16 premises and (ii) at up to 2 additional locations for use and 17 consumption and not for resale. Each location shall require 18 additional licensing per location as specified in Section 5-3 19 of this Act. 20 (j) An airplane license shall permit the licensee to 21 import alcoholic liquors into this State from any point in 22 the United States outside this State and to store such 23 alcoholic liquors in this State; to make wholesale purchases 24 of alcoholic liquors directly from manufacturers, foreign 25 importers, distributors and importing distributors from 26 within or outside this State; and to store such alcoholic 27 liquors in this State; provided that the above powers may be 28 exercised only in connection with the importation, purchase 29 or storage of alcoholic liquors to be sold or dispensed on an 30 airplane; and provided further, that airplane licensees 31 exercising the above powers shall be subject to all 32 provisions of Article VIII of this Act as applied to 33 importing distributors. An airplane licensee shall also 34 permit the sale or dispensing of alcoholic liquors on any HB4462 Enrolled -9- LRB9212768LDtm 1 passenger airplane regularly operated by a common carrier in 2 this State, but shall not permit the sale for resale of any 3 alcoholic liquors to any licensee within this State. A 4 single airplane license shall be required of an airline 5 company if liquor service is provided on board aircraft in 6 this State. The annual fee for such license shall be as 7 determined in Section 5-3. 8 (k) A foreign importer's license shall permit such 9 licensee to purchase alcoholic liquor from Illinois licensed 10 non-resident dealers only, and to import alcoholic liquor 11 other than in bulk from any point outside the United States 12 and to sell such alcoholic liquor to Illinois licensed 13 importing distributors and to no one else in Illinois; 14 provided that the foreign importer registers with the State 15 Commission every brand of alcoholic liquor that it proposes 16 to sell to Illinois licensees during the license period and 17 provided further that the foreign importer complies with all 18 of the provisions of Section 6-9 of this Act with respect to 19 registration of such Illinois licensees as may be granted the 20 right to sell such brands at wholesale. 21 (l) (i) A broker's license shall be required of all 22 persons who solicit orders for, offer to sell or offer to 23 supply alcoholic liquor to retailers in the State of 24 Illinois, or who offer to retailers to ship or cause to be 25 shipped or to make contact with distillers, rectifiers, 26 brewers or manufacturers or any other party within or without 27 the State of Illinois in order that alcoholic liquors be 28 shipped to a distributor, importing distributor or foreign 29 importer, whether such solicitation or offer is consummated 30 within or without the State of Illinois. 31 No holder of a retailer's license issued by the Illinois 32 Liquor Control Commission shall purchase or receive any 33 alcoholic liquor, the order for which was solicited or 34 offered for sale to such retailer by a broker unless the HB4462 Enrolled -10- LRB9212768LDtm 1 broker is the holder of a valid broker's license. 2 The broker shall, upon the acceptance by a retailer of 3 the broker's solicitation of an order or offer to sell or 4 supply or deliver or have delivered alcoholic liquors, 5 promptly forward to the Illinois Liquor Control Commission a 6 notification of said transaction in such form as the 7 Commission may by regulations prescribe. 8 (ii) A broker's license shall be required of a person 9 within this State, other than a retail licensee, who, for a 10 fee or commission, promotes, solicits, or accepts orders for 11 alcoholic liquor, for use or consumption and not for resale, 12 to be shipped from this State and delivered to residents 13 outside of this State by an express company, common carrier, 14 or contract carrier. This Section does not apply to any 15 person who promotes, solicits, or accepts orders for wine as 16 specifically authorized in Section 6-29 of this Act. 17 A broker's license under this subsection (1) shall not 18 entitle the holder to buy or sell any alcoholic liquors for 19 his own account or to take or deliver title to such alcoholic 20 liquors. 21 This subsection (1) shall not apply to distributors, 22 employees of distributors, or employees of a manufacturer who 23 has registered the trademark, brand or name of the alcoholic 24 liquor pursuant to Section 6-9 of this Act, and who regularly 25 sells such alcoholic liquor in the State of Illinois only to 26 its registrants thereunder. 27 Any agent, representative, or person subject to 28 registration pursuant to subsection (a-1) of this Section 29 shall not be eligible to receive a broker's license. 30 (m) A non-resident dealer's license shall permit such 31 licensee to ship into and warehouse alcoholic liquor into 32 this State from any point outside of this State, and to sell 33 such alcoholic liquor to Illinois licensed foreign importers 34 and importing distributors and to no one else in this State; HB4462 Enrolled -11- LRB9212768LDtm 1 provided that said non-resident dealer shall register with 2 the Illinois Liquor Control Commission each and every brand 3 of alcoholic liquor which it proposes to sell to Illinois 4 licensees during the license period; and further provided 5 that it shall comply with all of the provisions of Section 6 6-9 hereof with respect to registration of such Illinois 7 licensees as may be granted the right to sell such brands at 8 wholesale. 9 (n) A brew pub license shall allow the licensee to 10 manufacture beer only on the premises specified in the 11 license, to make sales of the beer manufactured on the 12 premises to importing distributors, distributors, and to 13 non-licensees for use and consumption, to store the beer upon 14 the premises, and to sell and offer for sale at retail from 15 the licensed premises, provided that a brew pub licensee 16 shall not sell for off-premises consumption more than 50,000 17 gallons per year. 18 (o) A caterer retailer license shall allow the holder to 19 serve alcoholic liquors as an incidental part of a food 20 service that serves prepared meals which excludes the serving 21 of snacks as the primary meal, either on or off-site whether 22 licensed or unlicensed. 23 (p) An auction liquor license shall allow the licensee 24 to sell and offer for sale at auction wine and spirits for 25 use or consumption, or for resale by an Illinois liquor 26 licensee in accordance with provisions of this Act. An 27 auction liquor license will be issued to a person and it will 28 permit the auction liquor licensee to hold the auction 29 anywhere in the State. An auction liquor license must be 30 obtained for each auction at least 14 days in advance of the 31 auction date. 32 (q) A special use permit license shall allow an Illinois 33 licensed retailer to transfer a portion of its alcoholic 34 liquor inventory from its retail licensed premises to the HB4462 Enrolled -12- LRB9212768LDtm 1 premises specified in the license hereby created, and to sell 2 or offer for sale at retail, only in the premises specified 3 in the license hereby created, the transferred alcoholic 4 liquor for use or consumption, but not for resale in any 5 form. A special use permit license may be granted for the 6 following time periods: one day or less; 2 or more days to a 7 maximum of 15 days per location in any 12 month period. An 8 applicant for the special use permit license must also submit 9 with the application proof satisfactory to the State 10 Commission that the applicant will provide dram shop 11 liability insurance to the maximum limits and have local 12 authority approval. 13 (Source: P.A. 91-357, eff. 7-29-99; 92-105, eff. 1-1-02; 14 92-378, eff. 8-16-01; revised 10-10-01.) 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.