Illinois 99th Regular Session Status: Enacted 1 D cosponsors

SB 2989 — LIQUOR-TRANSPORT OF ALCOHOL

Last action — Public Act . . . . . . . . . 99-0904

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2016. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Liquor Control Act of 1934. In provisions concerning the delivery of alcoholic liquor by certain entities, requires the use of scan technology at the time of delivery to verify the identification of a person who is at least 21 years of age. Provides that the failure to use scan technology and obtain the signature of a person who is at least 21 years of age is a Class A misdemeanor. Defines "scan technology". Provides that for the purposes of the Act, the United States Postal Service and any company that uses technology to facilitate the delivery of alcoholic liquor from licensed retail premises to consumers shall be considered a common carrier. Requires common carriers to carry and maintain liquor liability insurance. Provides that a winery shipper license holder may only ship wine it produces from its licensed wine manufacturer premises wherein the wine manufacturer is licensed to engage in the manufacture of the wine. Requires certain entities that transport alcoholic liquor out of the State for delivery into another state to comply with certain reporting provisions and increases the penalty for the failure to comply with those provisions. Provides that any person who both has received an initial cease and desist letter from the State Commission and for compensation ships alcoholic liquor into this State without a license shall be guilty of a Class 4 felony. Prohibits and establishes criminal penalties for the transportation of more than a certain amount of beer, wine, or spirits into the State without a license or for transporting beer, wine, or spirits into the State for sale or resale without a license. Increases other penalties. Makes other changes. Effective immediately.

Bill Text

What changed in the latest version

447 added · 571 removed

Plain-language change summary

The latest version of Bill SB 2989 updates some sections to reflect changes in the regulatory framework surrounding wine shipping. Specifically, it adds clarification about the inclusion of third-party shippers and the necessity of their consent to jurisdiction for regulatory oversight. This matters because it enhances the accountability and transparency of wine shipping operations, ensuring that third parties are properly acknowledged in the process.

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SB2989 Engrossed LRB099 20595 RPS 45155 b AN ACT concerning liquor.
SB2989 Enrolled LRB099 20595 RPS 45155 b AN ACT concerning liquor.
The Liquor Control Act of 1934 is amended by changing Sections 5-1, 6-16, 6-29.1, and 10-1 as follows:
The Liquor Control Act of 1934 is amended by changing Sections 5-1, 5-3, 6-29.1, and 10-1 as follows:
Class 2 Brewer, (b) Distributor's license, (c) Importing Distributor's license, (d) Retailer's license, (e) Special Event Retailer's license (not-for-profit), (f) Railroad license, (g) Boat license, (h) Non-Beverage User's license, (i) Wine-maker's premises license, (j) Airplane license, SB2989 Engrossed - 2 - LRB099 20595 RPS 45155 b (k) Foreign importer's license, (l) Broker's license, (m) Non-resident dealer's license, (n) Brew Pub license, (o) Auction liquor license, (p) Caterer retailer license, (q) Special use permit license, (r) Winery shipper's license.
Class 2 Brewer, (b) Distributor's license, (c) Importing Distributor's license, (d) Retailer's license, (e) Special Event Retailer's license (not-for-profit), (f) Railroad license, (g) Boat license, (h) Non-Beverage User's license, (i) Wine-maker's premises license, (j) Airplane license, SB2989 Enrolled - 2 - LRB099 20595 RPS 45155 b (k) Foreign importer's license, (l) Broker's license, (m) Non-resident dealer's license, (n) Brew Pub license, (o) Auction liquor license, (p) Caterer retailer license, (q) Special use permit license, (r) Winery shipper's license.
A Brewer may make sales and deliveries of beer to importing distributors and distributors and may make sales as SB2989 Engrossed - 3 - LRB099 20595 RPS 45155 b authorized under subsection (e) of Section 6-4 of this Act.
A Brewer may make sales and deliveries of beer to importing distributors and distributors and may make sales as SB2989 Enrolled - 3 - LRB099 20595 RPS 45155 b authorized under subsection (e) of Section 6-4 of this Act.
A person who, prior to June 1, 2008 (the effective date of Public Act 95-634) this amendatory Act of the SB2989 Engrossed - 4 - LRB099 20595 RPS 45155 b 95th General Assembly, is a holder of a second-class wine-maker's license and annually produces more than 25,000 gallons of its own wine and who distributes its wine to licensed retailers shall cease this practice on or before July 1, 2008 in compliance with Public Act 95-634 this amendatory Act of the 95th General Assembly.
A person who, prior to June 1, 2008 (the effective date of Public Act 95-634) this amendatory Act of the SB2989 Enrolled - 4 - LRB099 20595 RPS 45155 b 95th General Assembly, is a holder of a second-class wine-maker's license and annually produces more than 25,000 gallons of its own wine and who distributes its wine to licensed retailers shall cease this practice on or before July 1, 2008 in compliance with Public Act 95-634 this amendatory Act of the 95th General Assembly.
Any craft distiller licensed under this Act who on July 28, 2010 (the effective date of Public Act 96-1367) this amendatory Act of the 96th General Assembly was licensed as a distiller and manufactured no more spirits than permitted by this Section SB2989 Engrossed - 5 - LRB099 20595 RPS 45155 b shall not be required to pay the initial licensing fee.
Any craft distiller licensed under this Act who on July 28, 2010 (the effective date of Public Act 96-1367) this amendatory Act of the 96th General Assembly was licensed as a distiller and manufactured no more spirits than permitted by this Section SB2989 Enrolled - 5 - LRB099 20595 RPS 45155 b shall not be required to pay the initial licensing fee.
If the State Commission provides prior approval, a class 2 brewer licensee may annually transfer up to 3,720,000 gallons of beer manufactured by that SB2989 Engrossed - 6 - LRB099 20595 RPS 45155 b class 2 brewer licensee to the premises of a licensed class 2 brewer wholly owned and operated by the same licensee.
If the State Commission provides prior approval, a class 2 brewer licensee may annually transfer up to 3,720,000 gallons of beer manufactured by that SB2989 Enrolled - 6 - LRB099 20595 RPS 45155 b class 2 brewer licensee to the premises of a licensed class 2 brewer wholly owned and operated by the same licensee.
SB2989 Engrossed - 7 - LRB099 20595 RPS 45155 b (b) A distributor's license shall allow the wholesale purchase and storage of alcoholic liquors and sale of alcoholic liquors to licensees in this State and to persons without the State, as may be permitted by law.
SB2989 Enrolled - 7 - LRB099 20595 RPS 45155 b (b) A distributor's license shall allow the wholesale purchase and storage of alcoholic liquors and sale of alcoholic liquors to licensees in this State and to persons without the State, as may be permitted by law.
Nothing in Public Act 95-634 this amendatory Act of the 95th General Assembly shall deny, limit, SB2989 Engrossed - 8 - LRB099 20595 RPS 45155 b remove, or restrict the ability of a holder of a retailer's license to transfer, deliver, or ship alcoholic liquor to the purchaser for use or consumption subject to any applicable local law or ordinance.
Nothing in Public Act 95-634 this amendatory Act of the 95th General Assembly shall deny, limit, SB2989 Enrolled - 8 - LRB099 20595 RPS 45155 b remove, or restrict the ability of a holder of a retailer's license to transfer, deliver, or ship alcoholic liquor to the purchaser for use or consumption subject to any applicable local law or ordinance.
An applicant for a special event retailer SB2989 Engrossed - 9 - LRB099 20595 RPS 45155 b license must (i) furnish with the application:
An applicant for a special event retailer SB2989 Enrolled - 9 - LRB099 20595 RPS 45155 b license must (i) furnish with the application:
provided SB2989 Engrossed - 10 - LRB099 20595 RPS 45155 b that the above powers may be exercised only in connection with the importation, purchase or storage of alcoholic liquors to be sold or dispensed on a club, buffet, lounge or dining car operated on an electric, gas or steam railway in this State;
provided SB2989 Enrolled - 10 - LRB099 20595 RPS 45155 b that the above powers may be exercised only in connection with the importation, purchase or storage of alcoholic liquors to be sold or dispensed on a club, buffet, lounge or dining car operated on an electric, gas or steam railway in this State;
(h) A non-beverage user's license shall allow the licensee to purchase alcoholic liquor from a licensed manufacturer or importing distributor, without the imposition of any tax upon the business of such licensed manufacturer or importing distributor as to such alcoholic liquor to be used by such licensee solely for the non-beverage purposes set forth in SB2989 Engrossed - 11 - LRB099 20595 RPS 45155 b subsection (a) of Section 8-1 of this Act, and such licenses shall be divided and classified and shall permit the purchase, possession and use of limited and stated quantities of alcoholic liquor as follows:
(h) A non-beverage user's license shall allow the licensee to purchase alcoholic liquor from a licensed manufacturer or importing distributor, without the imposition of any tax upon the business of such licensed manufacturer or importing distributor as to such alcoholic liquor to be used by such licensee solely for the non-beverage purposes set forth in SB2989 Enrolled - 11 - LRB099 20595 RPS 45155 b subsection (a) of Section 8-1 of this Act, and such licenses shall be divided and classified and shall permit the purchase, possession and use of limited and stated quantities of alcoholic liquor as follows:
A wine-maker's premises license shall allow a licensee that concurrently holds a first-class wine-maker's license or a second-class wine-maker's license to sell and offer for sale at retail at the premises specified in the wine-maker's premises license, for use or consumption but SB2989 Engrossed - 12 - LRB099 20595 RPS 45155 b not for resale in any form, any beer, wine, and spirits purchased from a licensed distributor.
A wine-maker's premises license shall allow a licensee that concurrently holds a first-class wine-maker's license or a second-class wine-maker's license to sell and offer for sale at retail at the premises specified in the wine-maker's premises license, for use or consumption but SB2989 Enrolled - 12 - LRB099 20595 RPS 45155 b not for resale in any form, any beer, wine, and spirits purchased from a licensed distributor.
An airplane licensee shall also permit the sale or dispensing of alcoholic liquors on any passenger airplane regularly operated by a common carrier in this State, SB2989 Engrossed - 13 - LRB099 20595 RPS 45155 b but shall not permit the sale for resale of any alcoholic liquors to any licensee within this State.
An airplane licensee shall also permit the sale or dispensing of alcoholic liquors on any passenger airplane regularly operated by a common carrier in this State, SB2989 Enrolled - 13 - LRB099 20595 RPS 45155 b but shall not permit the sale for resale of any alcoholic liquors to any licensee within this State.
(l) (i) A broker's license shall be required of all persons who solicit orders for, offer to sell or offer to supply alcoholic liquor to retailers in the State of Illinois, or who offer to retailers to ship or cause to be shipped or to make contact with distillers, rectifiers, brewers or manufacturers or any other party within or without the State of Illinois in SB2989 Engrossed - 14 - LRB099 20595 RPS 45155 b order that alcoholic liquors be shipped to a distributor, importing distributor or foreign importer, whether such solicitation or offer is consummated within or without the State of Illinois.
(l) (i) A broker's license shall be required of all persons who solicit orders for, offer to sell or offer to supply alcoholic liquor to retailers in the State of Illinois, or who offer to retailers to ship or cause to be shipped or to make contact with distillers, rectifiers, brewers or manufacturers or any other party within or without the State of Illinois in SB2989 Enrolled - 14 - LRB099 20595 RPS 45155 b order that alcoholic liquors be shipped to a distributor, importing distributor or foreign importer, whether such solicitation or offer is consummated within or without the State of Illinois.
A broker's license under this subsection (l) shall not entitle the holder to buy or sell any alcoholic liquors for his SB2989 Engrossed - 15 - LRB099 20595 RPS 45155 b own account or to take or deliver title to such alcoholic liquors.
A broker's license under this subsection (l) shall not entitle the holder to buy or sell any alcoholic liquors for his SB2989 Enrolled - 15 - LRB099 20595 RPS 45155 b own account or to take or deliver title to such alcoholic liquors.
SB2989 Engrossed - 16 - LRB099 20595 RPS 45155 b (n) A brew pub license shall allow the licensee to only (i) manufacture up to 155,000 gallons of beer per year only on the premises specified in the license, (ii) make sales of the beer manufactured on the premises or, with the approval of the Commission, beer manufactured on another brew pub licensed premises that is wholly owned and operated by the same licensee to importing distributors, distributors, and to non-licensees for use and consumption, (iii) store the beer upon the premises, (iv) sell and offer for sale at retail from the licensed premises for off-premises consumption no more than 155,000 gallons per year so long as such sales are only made in-person, (v) sell and offer for sale at retail for use and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor, and (vi) with the prior approval of the Commission, annually transfer no more than 155,000 gallons of beer manufactured on the premises to a licensed brew pub wholly owned and operated by the same licensee.
SB2989 Enrolled - 16 - LRB099 20595 RPS 45155 b (n) A brew pub license shall allow the licensee to only (i) manufacture up to 155,000 gallons of beer per year only on the premises specified in the license, (ii) make sales of the beer manufactured on the premises or, with the approval of the Commission, beer manufactured on another brew pub licensed premises that is wholly owned and operated by the same licensee to importing distributors, distributors, and to non-licensees for use and consumption, (iii) store the beer upon the premises, (iv) sell and offer for sale at retail from the licensed premises for off-premises consumption no more than 155,000 gallons per year so long as such sales are only made in-person, (v) sell and offer for sale at retail for use and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor, and (vi) with the prior approval of the Commission, annually transfer no more than 155,000 gallons of beer manufactured on the premises to a licensed brew pub wholly owned and operated by the same licensee.
SB2989 Engrossed - 17 - LRB099 20595 RPS 45155 b (iii) does not manufacture more than a combined 3,720,000 gallons of beer per year, including the beer manufactured at the brew pub;
SB2989 Enrolled - 17 - LRB099 20595 RPS 45155 b (iii) does not manufacture more than a combined 3,720,000 gallons of beer per year, including the beer manufactured at the brew pub;
(p) An auction liquor license shall allow the licensee to sell and offer for sale at auction wine and spirits for use or SB2989 Engrossed - 18 - LRB099 20595 RPS 45155 b consumption, or for resale by an Illinois liquor licensee in accordance with provisions of this Act.
(p) An auction liquor license shall allow the licensee to sell and offer for sale at auction wine and spirits for use or SB2989 Enrolled - 18 - LRB099 20595 RPS 45155 b consumption, or for resale by an Illinois liquor licensee in accordance with provisions of this Act.
(r) A winery shipper's license shall allow a person with a first-class or second-class wine manufacturer's license, a first-class or second-class wine-maker's license, or a limited wine manufacturer's license or who is licensed to make wine under the laws of another state to ship wine made by that licensee directly to a resident of this State who is 21 years SB2989 Engrossed - 19 - LRB099 20595 RPS 45155 b of age or older for that resident's personal use and not for resale.
(r) A winery shipper's license shall allow a person with a first-class or second-class wine manufacturer's license, a first-class or second-class wine-maker's license, or a limited wine manufacturer's license or who is licensed to make wine under the laws of another state to ship wine made by that licensee directly to a resident of this State who is 21 years SB2989 Enrolled - 19 - LRB099 20595 RPS 45155 b of age or older for that resident's personal use and not for resale.
The application form shall include all addresses from which the applicant for a winery shipper's license intends to ship wine, including the name and address of any third party authorized to ship wine on behalf of the manufacturer.
The application form shall include all addresses from which the applicant for a winery shipper's license intends to ship wine, including the name and address of any third party, except for a common carrier, authorized to ship wine on behalf of the manufacturer.
Any third party authorized to ship wine on behalf of a first-class or second-class wine manufacturer's licensee, a first-class or second-class wine-maker's licensee, a limited wine manufacturer's licensee, or a person who is licensed to make wine under the laws of another state shall also be disclosed by the winery shipper's licensee, and a copy of the written appointment of the SB2989 Engrossed - 20 - LRB099 20595 RPS 45155 b third-party wine provider to the wine manufacturer shall be filed with the State Commission as a supplement to the winery shipper's license application or any renewal thereof.
Any third party, except for a common carrier, authorized to ship wine on behalf of a first-class or second-class wine manufacturer's licensee, a first-class or second-class wine-maker's licensee, a limited wine manufacturer's licensee, or a person who is licensed to make wine under the laws of another state shall also be disclosed by the winery shipper's licensee, and a copy of the SB2989 Enrolled - 20 - LRB099 20595 RPS 45155 b written appointment of the third-party wine provider, except for a common carrier, to the wine manufacturer shall be filed with the State Commission as a supplement to the winery shipper's license application or any renewal thereof.
A third-party provider shipping wine on behalf of a winery shipper's license holder is the agent of the winery shipper's license holder and, as such, a winery shipper's license holder is responsible for the acts and omissions of the third-party provider acting on behalf of the license holder.
Except for a common carrier, a third-party provider shipping wine on behalf of a winery shipper's license holder is the agent of the winery shipper's license holder and, as such, a winery shipper's license holder is responsible for the acts and omissions of the third-party provider acting on behalf of the license holder.
A third-party provider that engages in shipping wine into Illinois on behalf of a winery shipper's license holder shall consent to the jurisdiction of the State Commission and the State.
A third-party provider, except for a common carrier, that engages in shipping wine into Illinois on behalf of a winery shipper's license holder shall consent to the jurisdiction of the State Commission and the State.
Any third-party holding such an appointment shall, by February 1 of each calendar year, file with the State Commission a statement detailing each shipment made to an Illinois resident.
Any third-party, except for a common carrier, holding such an appointment shall, by February 1 of each calendar year, file with the State Commission a statement detailing each shipment made to an Illinois resident.
The State Commission shall adopt rules as soon as practicable to implement the requirements of this amendatory Act of the 99th General Assembly and shall adopt rules prohibiting any such third-party appointment of a third-party provider that has been deemed by the State Commission to have violated the provisions of this Act with regard to any winery shipper licensee.
The State Commission shall adopt rules as soon as practicable to implement the requirements of this amendatory Act of the 99th General Assembly and shall adopt rules prohibiting any such third-party appointment of a third-party provider, except for a common carrier, that has SB2989 Enrolled - 21 - LRB099 20595 RPS 45155 b been deemed by the State Commission to have violated the provisions of this Act with regard to any winery shipper licensee.
A winery shipper licensee must pay to the Department of SB2989 Engrossed - 21 - LRB099 20595 RPS 45155 b Revenue the State liquor gallonage tax under Section 8-1 for all wine that is sold by the licensee and shipped to a person in this State.
A winery shipper licensee must pay to the Department of Revenue the State liquor gallonage tax under Section 8-1 for all wine that is sold by the licensee and shipped to a person in this State.
A winery shipper licensed under this subsection (r) must comply with the requirements of Section 6-29 of this amendatory Act.
A winery shipper licensed under this subsection (r) SB2989 Enrolled - 22 - LRB099 20595 RPS 45155 b must comply with the requirements of Section 6-29 of this amendatory Act.
Pursuant to paragraph (5.1) or (5.3) of subsection (a) of Section 3-12, the State Commission may receive, respond to, and SB2989 Engrossed - 22 - LRB099 20595 RPS 45155 b investigate any complaint and impose any of the remedies specified in paragraph (1) of subsection (a) of Section 3-12.
Pursuant to paragraph (5.1) or (5.3) of subsection (a) of Section 3-12, the State Commission may receive, respond to, and investigate any complaint and impose any of the remedies specified in paragraph (1) of subsection (a) of Section 3-12.
revised 10-27-15.) (235 ILCS 5/6-16) (from Ch.
revised 10-27-15.) (235 ILCS 5/5-3) (from Ch.
131) Sec.
118) Sec.
6-16.
5-3.
Prohibited sales and possession.
License fees.
(a) (i) No licensee nor any officer, associate, member, representative, agent, or employee of such licensee shall sell, give, or deliver alcoholic liquor to any person under the age of 21 years or to any intoxicated person, except as provided in Section 6-16.1.
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.
(ii) No express company, common carrier, or contract carrier nor any representative, agent, or employee on behalf of an express company, common carrier, or contract carrier that carries or transports alcoholic liquor for delivery within this State shall knowingly give or knowingly deliver to a residential address any shipping container clearly labeled as containing alcoholic liquor and labeled as requiring signature of an adult of at least 21 years of age to any person in this State under the age of 21 years.
The fee for licenses issued by the State Commission shall be as follows:
An express company, common carrier, or contract carrier that carries or transports such alcoholic liquor for delivery within this State shall obtain a signature at the time of delivery acknowledging receipt of the alcoholic liquor by an adult who is at least 21 years of age.
For a manufacturer's license:
At no time while delivering alcoholic beverages within this State may any representative, agent, or employee of SB2989 Engrossed - 23 - LRB099 20595 RPS 45155 b an express company, common carrier, or contract carrier that carries or transports alcoholic liquor for delivery within this State deliver the alcoholic liquor to a residential address without the acknowledgment of the consignee and without first obtaining a signature at the time of the delivery by an adult who is at least 21 years of age.
Online Initial renewal license or non-online renewal Class 1.
A signature of a person on file with the express company, common carrier, or contract carrier does not constitute acknowledgement of the consignee.
Distiller ................
Any express company, common carrier, or contract carrier that transports alcoholic liquor for delivery within this State that violates this item (ii) of this subsection (a) by delivering alcoholic liquor without the acknowledgement of the consignee and without first obtaining a signature at the time of the delivery by an adult who is at least 21 years of age is guilty of a Class A misdemeanor business offense for which the express company, common carrier, or contract carrier that transports alcoholic liquor within this State shall be held vicariously liable for the actions of its representatives, agents, and employees, and the sentence shall include, but shall not be limited to, a fine of not less than $5,000 for a first offense and not less than $10,000 for a second or subsequent offense shall be fined not more than $1,001 for a first offense, not more than $5,000 for a second offense, and not more than $10,000 for a third or subsequent offense.
$4,000 $5,000 $3,600 Class 2.
An express company, common carrier, or contract carrier shall be held vicariously liable for the actions of its representatives, agents, or SB2989 Engrossed - 24 - LRB099 20595 RPS 45155 b employees.
Rectifier ................
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For purposes of this Act, in addition to other methods authorized by law, an express company, common carrier, or contract carrier shall be considered served with process when a representative, agent, or employee alleged to have violated this Act is personally served.
4,000 5,000 3,600 SB2989 Enrolled - 23 - LRB099 20595 RPS 45155 b Class 3.
Each shipment of alcoholic liquor delivered in violation of this item (ii) of this subsection (a) constitutes a separate offense.
Brewer ....................
(iii) No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give, or deliver such alcoholic liquor to another person under the age of 21 years, except in the performance of a religious ceremony or service.
1,200 1,500 900 Class 4.
Except as otherwise provided in item (ii), any express company, common carrier, or contract carrier that transports alcoholic liquor within this State that violates the provisions of item (i), (ii), or (iii) of this paragraph of this subsection (a) is guilty of a Class A misdemeanor and the sentence shall include, but shall not be limited to, a fine of not less than $500.
First-class Wine Manufacturer ..................
Any person who violates the provisions of item (iii) of this paragraph of this subsection (a) is guilty of a Class A misdemeanor and the sentence shall include, but shall not be limited to a fine of not less than $500 for a first offense and not less than $2,000 for a second or subsequent offense.
750 900 600 Class 5.
Any person who knowingly violates the provisions of item (iii) of this paragraph of this subsection (a) is guilty of a Class 4 felony if a death occurs as the result of the violation.
Second-class Wine Manufacturer..............
If a licensee or officer, associate, member, SB2989 Engrossed - 25 - LRB099 20595 RPS 45155 b representative, agent, or employee of the licensee, or a representative, agent, or employee of an express company, common carrier, or contract carrier that carries or transports alcoholic liquor for delivery within this State, is prosecuted under this paragraph of this subsection (a) for selling, giving, or delivering alcoholic liquor to a person under the age of 21 years, the person under 21 years of age who attempted to buy or receive the alcoholic liquor may be prosecuted pursuant to Section 6-20 of this Act, unless the person under 21 years of age was acting under the authority of a law enforcement agency, the Illinois Liquor Control Commission, or a local liquor control commissioner pursuant to a plan or action to investigate, patrol, or conduct any similar enforcement action.
1,500 1,750 1,200 Class 6.
For the purpose of preventing the violation of this Section, any licensee, or his agent or employee, or a representative, agent, or employee of an express company, common carrier, or contract carrier that carries or transports alcoholic liquor for delivery within this State, shall refuse to sell, deliver, or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is over the age of 21 years, if requested by the licensee, agent, employee, or representative.
First-class wine-maker ....
Adequate written evidence of age and identity of the person is a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but SB2989 Engrossed - 26 - LRB099 20595 RPS 45155 b not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces.
750 900 600 Class 7.
Proof that the defendant-licensee, or his employee or agent, or the representative, agent, or employee of the express company, common carrier, or contract carrier that carries or transports alcoholic liquor for delivery within this State demanded, was shown and reasonably relied upon such written evidence in any transaction forbidden by this Section is an affirmative defense in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
Second-class wine-maker ..
It shall not, however, be an affirmative defense if the agent or employee accepted the written evidence knowing it to be false or fraudulent.
1,500 1,750 1200 Class 8.
If a false or fraudulent Illinois driver's license or Illinois identification card is presented by a person less than 21 years of age to a licensee or the licensee's agent or employee for the purpose of ordering, purchasing, attempting to purchase, or otherwise obtaining or attempting to obtain the serving of any alcoholic beverage, the law enforcement officer or agency investigating the incident shall, upon the conviction of the person who presented the fraudulent license or identification, make a report of the matter to the Secretary of State on a form provided by the Secretary of State.
Limited Wine Manufacturer 250 350 120 Class 9.
However, no agent or employee of the licensee or employee of an express company, common carrier, or contract carrier that SB2989 Engrossed - 27 - LRB099 20595 RPS 45155 b carries or transports alcoholic liquor for delivery within this State shall be disciplined or discharged for selling or furnishing liquor to a person under 21 years of age if the agent or employee demanded and was shown, before furnishing liquor to a person under 21 years of age, adequate written evidence of age and identity of the person issued by a federal, state, county or municipal government, or subdivision or agency thereof, including but not limited to a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces.
Craft Distiller ..........
This paragraph, however, shall not apply if the agent or employee accepted the written evidence knowing it to be false or fraudulent.
2,000 2,500 1,800 Class 10.
Any person who sells, gives, or furnishes to any person under the age of 21 years any false or fraudulent written, printed, or photostatic evidence of the age and identity of such person or who sells, gives or furnishes to any person under the age of 21 years evidence of age and identification of any other person is guilty of a Class A misdemeanor and the person's sentence shall include, but shall not be limited to, a fine of not less than $500.
Class 1 Brewer ..........
Any person under the age of 21 years who presents or offers to any licensee, his agent or employee, any written, printed or photostatic evidence of age and identity that is false, fraudulent, or not actually his or her own for the purpose of ordering, purchasing, attempting to purchase or otherwise SB2989 Engrossed - 28 - LRB099 20595 RPS 45155 b procuring or attempting to procure, the serving of any alcoholic beverage, who falsely states in writing that he or she is at least 21 years of age when receiving alcoholic liquor from a representative, agent, or employee of an express company, common carrier, or contract carrier, or who has in his or her possession any false or fraudulent written, printed, or photostatic evidence of age and identity, is guilty of a Class A misdemeanor and the person's sentence shall include, but shall not be limited to, the following:
50 75 25 Class 11.
a fine of not less than $500 and at least 25 hours of community service.
Class 2 Brewer ..........
If possible, any community service shall be performed for an alcohol abuse prevention program.
75 100 25 For a Brew Pub License ............
Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a Class A misdemeanor.
1,200 1,500 1,050 For a caterer retailer's license ..
This Section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent or in pursuance of his or her employment.
350 500 200 For a foreign importer's license ..
(a-1) It is unlawful for any parent or guardian to knowingly permit his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used by an invitee of the parent's child or the guardian's ward, if the invitee is under the age of 21, in a manner that constitutes a violation of this Section.
25 25 For an importing distributor's license........................
A parent or guardian is deemed to have SB2989 Engrossed - 29 - LRB099 20595 RPS 45155 b knowingly permitted his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used in violation of this Section if he or she knowingly authorizes or permits consumption of alcoholic liquor by underage invitees.
25 25 For a distributor's license (11,250,000 gallons or over) ......................
Any person who violates this subsection (a-1) is guilty of a Class A misdemeanor and the person's sentence shall include, but shall not be limited to, a fine of not less than $500.
1,450 2,200 For a distributor's license (over 4,500,000 gallons, but under 11,250,000 gallons) ..
Where a violation of this subsection (a-1) directly or indirectly results in great bodily harm or death to any person, the person violating this subsection shall be guilty of a Class 4 felony.
950 1,450 For a distributor's license (4,500,000 gallons or under) ..
Nothing in this subsection (a-1) shall be construed to prohibit the giving of alcoholic liquor to a person under the age of 21 years in the performance of a religious ceremony or service in observation of a religious holiday.
300 450 For a distributor's license ........
For the purposes of this subsection (a-1) where the residence or other property has an owner and a tenant or lessee, the trier of fact may infer that the residence or other property is occupied only by the tenant or lessee.
270 For a non-resident dealer's license SB2989 Enrolled - 24 - LRB099 20595 RPS 45155 b (500,000 gallons or over) ......
(b) Except as otherwise provided in this Section whoever violates this Section shall, in addition to other penalties provided for in this Act, be guilty of a Class A misdemeanor.
1,200 1,500 270 For a non-resident dealer's license (under 500,000 gallons) ........
(c) Any person shall be guilty of a Class A misdemeanor where he or she knowingly authorizes or permits a residence which he or she occupies to be used by an invitee under 21 years of age and:
250 350 90 For a wine-maker's premises license 250 500 100 For a winery shipper's license (under 250,000 gallons) ........
SB2989 Engrossed - 30 - LRB099 20595 RPS 45155 b (1) the person occupying the residence knows that any such person under the age of 21 is in possession of or is consuming any alcoholic beverage;
200 350 150 For a winery shipper's license (250,000 or over, but under 500,000 gallons) ........
and (2) the possession or consumption of the alcohol by the person under 21 is not otherwise permitted by this Act.
750 1,000 500 For a winery shipper's license (500,000 gallons or over) ......
For the purposes of this subsection (c) where the residence has an owner and a tenant or lessee, the trier of fact may infer that the residence is occupied only by the tenant or lessee.
1,200 1,500 1,000 For a wine-maker's premises license, second location................
The sentence of any person who violates this subsection (c) shall include, but shall not be limited to, a fine of not less than $500.
500 1,000 350 For a wine-maker's premises license, third location ................
Where a violation of this subsection (c) directly or indirectly results in great bodily harm or death to any person, the person violating this subsection (c) shall be guilty of a Class 4 felony.
500 1,000 350 For a retailer's license ..........
Nothing in this subsection (c) shall be construed to prohibit the giving of alcoholic liquor to a person under the age of 21 years in the performance of a religious ceremony or service in observation of a religious holiday.
600 750 500 For a special event retailer's license, (not-for-profit)......
A person shall not be in violation of this subsection (c) if (A) he or she requests assistance from the police department or other law enforcement agency to either (i) remove any person who refuses to abide by the person's performance of the duties imposed by this subsection (c) or (ii) terminate the activity because the person has been unable to prevent a person under the age of 21 years from consuming alcohol despite having taken all reasonable steps to do so and (B) this assistance is SB2989 Engrossed - 31 - LRB099 20595 RPS 45155 b requested before any other person makes a formal complaint to the police department or other law enforcement agency about the activity.
25 25 For a special use permit license, one day only ..................
(d) Any person who rents a hotel or motel room from the proprietor or agent thereof for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by persons under the age of 21 years shall be guilty of a Class A misdemeanor.
100 150 50 2 days or more ................
(e) Except as otherwise provided in this Act, any person who has alcoholic liquor in his or her possession on public school district property on school days or at events on public school district property when children are present is guilty of a petty offense, unless the alcoholic liquor (i) is in the original container with the seal unbroken and is in the possession of a person who is not otherwise legally prohibited from possessing the alcoholic liquor or (ii) is in the possession of a person in or for the performance of a religious service or ceremony authorized by the school board.
150 250 100 For a railroad license ............
100 150 60 For a boat license ................
500 1,000 180 For an airplane license, times the licensee's maximum number of aircraft in flight, serving SB2989 Enrolled - 25 - LRB099 20595 RPS 45155 b liquor over the State at any given time, which either originate, terminate, or make an intermediate stop in the State......................
100 150 60 For a non-beverage user's license:
Class 1........................
24 24 Class 2........................
60 60 Class 3........................
120 120 Class 4........................
240 240 Class 5........................
600 600 For a broker's license ............
750 1,000 600 For an auction liquor license ......
100 150 50 For a homebrewer special event permit ..................
25 25 For a BASSET trainer license ......
300 350 For a tasting representative license........................
200 300 Fees collected under this Section shall be paid into the Dram Shop Fund.
On and after July 1, 2003 and until June 30, 2016, 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.
On and after June 30, 2016, one-half of the funds received for a retailer's license shall be paid into the Dram Shop Fund and one-half of the funds received for a SB2989 Enrolled - 26 - LRB099 20595 RPS 45155 b retailer's license 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.
97-1049, eff.
98-55, eff.
1-1-13;
7-5-13;
98-1017, eff.
99-448, eff.
1-1-15.) (235 ILCS 5/6-29.1) Sec.
8-24-15.) (235 ILCS 5/6-29.1) Sec.
(1) The General Assembly of Illinois, having reviewed this Act in light of the United States Supreme Court's 2005 decision in Granholm v.
SB2989 Enrolled - 27 - LRB099 20595 RPS 45155 b (1) The General Assembly of Illinois, having reviewed this Act in light of the United States Supreme Court's 2005 decision in Granholm v.
Heald, has determined to conform SB2989 Engrossed - 32 - LRB099 20595 RPS 45155 b that law to the constitutional principles enunciated by the Court in a manner that best preserves the temperance, revenue, and orderly distribution values of this Act.
Heald, has determined to conform that law to the constitutional principles enunciated by the Court in a manner that best preserves the temperance, revenue, and orderly distribution values of this Act.
For these reasons, the Commission shall establish a system to notify the out-of-state trade of this prohibition and to detect violations.
For these reasons, the Commission shall establish a system SB2989 Enrolled - 28 - LRB099 20595 RPS 45155 b to notify the out-of-state trade of this prohibition and to detect violations.
SB2989 Engrossed - 33 - LRB099 20595 RPS 45155 b (b) Pursuant to the Twenty-First Amendment of the United States Constitution allowing states to regulate the distribution and sale of alcoholic liquor and pursuant to the federal Webb-Kenyon Act declaring that alcoholic liquor shipped in interstate commerce must comply with state laws, the General Assembly hereby finds and declares that selling alcoholic liquor from a point outside this State through various direct marketing means, such as catalogs, newspapers, mailers, and the Internet, directly to residents of this State poses a serious threat to the State's efforts to prevent youths from accessing alcoholic liquor;
(b) Pursuant to the Twenty-First Amendment of the United States Constitution allowing states to regulate the distribution and sale of alcoholic liquor and pursuant to the federal Webb-Kenyon Act declaring that alcoholic liquor shipped in interstate commerce must comply with state laws, the General Assembly hereby finds and declares that selling alcoholic liquor from a point outside this State through various direct marketing means, such as catalogs, newspapers, mailers, and the Internet, directly to residents of this State poses a serious threat to the State's efforts to prevent youths from accessing alcoholic liquor;
The Commission, upon determining, after investigation, that a person has violated this Section, shall give notice to the person by certified mail to cease and desist all shipments of alcoholic liquor into this State and to withdraw from this SB2989 Engrossed - 34 - LRB099 20595 RPS 45155 b State within 5 working days after receipt of the notice all shipments of alcoholic liquor then in transit.
The Commission, upon determining, after investigation, SB2989 Enrolled - 29 - LRB099 20595 RPS 45155 b that a person has violated this Section, shall give notice to the person by certified mail to cease and desist all shipments of alcoholic liquor into this State and to withdraw from this State within 5 working days after receipt of the notice all shipments of alcoholic liquor then in transit.
Whereas a substantial threat to the sound and careful control, regulation, and taxation of the manufacture, sale, and distribution of alcoholic liquors exists by virtue of individuals who manufacture, import, distribute, or sell alcoholic liquors SB2989 Engrossed - 35 - LRB099 20595 RPS 45155 b within the State without having first obtained a valid license to do so, and whereas such threat is especially serious along the borders of this State, and whereas such threat requires immediate correction by this Act, by active investigation and prosecution by law enforcement officials and prosecutors, and by prompt and strict enforcement through the courts of this State to punish violators and to deter such conduct in the future:
Whereas a substantial threat to the sound and careful control, regulation, and SB2989 Enrolled - 30 - LRB099 20595 RPS 45155 b taxation of the manufacture, sale, and distribution of alcoholic liquors exists by virtue of individuals who manufacture, import, distribute, or sell alcoholic liquors within the State without having first obtained a valid license to do so, and whereas such threat is especially serious along the borders of this State, and whereas such threat requires immediate correction by this Act, by active investigation and prosecution by law enforcement officials and prosecutors, and by prompt and strict enforcement through the courts of this State to punish violators and to deter such conduct in the future:
Any person who manufactures, imports for distribution, transports from outside this State into this State for sale or resale in this State, or distributes or sells less than 108 liters (28.53 gallons) of wine, less than 45 liters (11.88 gallons) of distilled spirits, or less than 118 liters (31.17 gallons) of beer at any place within the State without having first obtained a valid license to do so under the provisions of this Act shall be guilty of a business offense and fined not SB2989 Engrossed - 36 - LRB099 20595 RPS 45155 b more than $1,000 for the first such offense and shall be guilty of a Class 4 felony for each subsequent offense.
However, any person who was duly licensed under this Act and whose license expired within 30 days prior to a violation shall be guilty of a business offense and fined not more than $1,000 for the first such offense and shall be guilty of a Class 4 felony for each subsequent offense.
This subsection does not apply to a motor carrier or freight forwarder, as defined in Section 13102 of Title 49 of the United States Code, or an air carrier, as defined in Section 40102 of Title 49 of the United States Code.
SB2989 Enrolled - 31 - LRB099 20595 RPS 45155 b Any person who manufactures, imports for distribution, transports from outside this State into this State for sale or resale in this State, or distributes or sells less than 108 liters (28.53 gallons) of wine, less than 45 liters (11.88 gallons) of distilled spirits, or less than 118 liters (31.17 gallons) of beer at any place within the State without having first obtained a valid license to do so under the provisions of this Act shall be guilty of a business offense and fined not more than $1,000 for the first such offense and shall be guilty of a Class 4 felony for each subsequent offense.
This subsection does not apply to a motor carrier or freight forwarder, as defined in Section 13102 of Title 49 of the United States Code, an air carrier, as defined in Section 40102 of Title 49 of the United States Code, or a rail carrier, as defined in Section 10102 of Title 49 of the United States Code.
(b) (1) Any retailer, licensed in this State, who knowingly causes to furnish, give, sell, or otherwise being within the State, any alcoholic liquor destined to be used, distributed, consumed or sold in another state, unless such alcoholic liquor was received in this State by a duly licensed distributor, or importing distributors shall have his license suspended for 7 days for the first offense and for the second offense, shall have his license revoked by the Commission.
(b) (1) Any retailer, licensed in this State, who knowingly causes to furnish, give, sell, or otherwise being within the State, any alcoholic liquor destined to be used, distributed, consumed or sold in another state, unless such alcoholic liquor was received in this State by a duly licensed distributor, or SB2989 Enrolled - 32 - LRB099 20595 RPS 45155 b importing distributors shall have his license suspended for 7 days for the first offense and for the second offense, shall have his license revoked by the Commission.
(2) In the event the Commission receives a certified copy of a final order from a foreign jurisdiction that an Illinois retail licensee has been found to have violated that foreign jurisdiction's laws, rules, or regulations concerning the importation of alcoholic liquor into that foreign jurisdiction, the violation may be grounds for the Commission SB2989 Engrossed - 37 - LRB099 20595 RPS 45155 b to revoke, suspend, or refuse to issue or renew a license, to impose a fine, or to take any additional action provided by this Act with respect to the Illinois retail license or licensee.
(2) In the event the Commission receives a certified copy of a final order from a foreign jurisdiction that an Illinois retail licensee has been found to have violated that foreign jurisdiction's laws, rules, or regulations concerning the importation of alcoholic liquor into that foreign jurisdiction, the violation may be grounds for the Commission to revoke, suspend, or refuse to issue or renew a license, to impose a fine, or to take any additional action provided by this Act with respect to the Illinois retail license or licensee.
(c) Any person who shall make any false statement or otherwise violates any of the provisions of this Act in obtaining any license hereunder, or who having obtained a license hereunder shall violate any of the provisions of this Act with respect to the manufacture, possession, distribution or sale of alcoholic liquor, or with respect to the maintenance of the licensed premises, or shall violate any other provision of this Act, shall for a first offense be guilty of a petty offense and fined not more than $500, and for a second or subsequent offense shall be guilty of a Class B misdemeanor.
(c) Any person who shall make any false statement or otherwise violates any of the provisions of this Act in obtaining any license hereunder, or who having obtained a license hereunder shall violate any of the provisions of this SB2989 Enrolled - 33 - LRB099 20595 RPS 45155 b Act with respect to the manufacture, possession, distribution or sale of alcoholic liquor, or with respect to the maintenance of the licensed premises, or shall violate any other provision of this Act, shall for a first offense be guilty of a petty offense and fined not more than $500, and for a second or subsequent offense shall be guilty of a Class B misdemeanor.
(c-5) Any owner of an establishment that serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol, SB2989 Engrossed - 38 - LRB099 20595 RPS 45155 b who knowingly fails to prohibit concealed firearms on its premises or who knowingly makes a false statement or record to avoid the prohibition of concealed firearms on its premises under the Firearm Concealed Carry Act shall be guilty of a business offense with a fine up to $5,000.
(c-5) Any owner of an establishment that serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol, who knowingly fails to prohibit concealed firearms on its premises or who knowingly makes a false statement or record to avoid the prohibition of concealed firearms on its premises under the Firearm Concealed Carry Act shall be guilty of a business offense with a fine up to $5,000.
(f) In addition to the penalties herein provided, any person licensed as a wine-maker in either class who manufactures more wine than authorized by his license shall be guilty of a business offense and shall be fined $1 for each gallon so manufactured.
(f) In addition to the penalties herein provided, any person licensed as a wine-maker in either class who manufactures more wine than authorized by his license shall be guilty of a business offense and shall be fined $1 for each SB2989 Enrolled - 34 - LRB099 20595 RPS 45155 b gallon so manufactured.
(2) The Director of State Police under Section 2605-10, 2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115, 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, SB2989 Engrossed - 39 - LRB099 20595 RPS 45155 b 2605-205, 2605-210, 2605-215, 2605-250, 2605-275, 2605-300, 2605-305, 2605-315, 2605-325, 2605-335, 2605-340, 2605-350, 2605-355, 2605-360, 2605-365, 2605-375, 2605-390, 2605-400, 2605-405, 2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the Department of State Police Law (20 ILCS 2605/2605-10, 2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105, 2605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130, 2605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205, 2605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275, 2605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325, 2605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355, 2605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390, 2605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430, 2605/2605-435, 2605/2605-500, 2605/2605-525, or 2605/2605-550);
(2) The Director of State Police under Section 2605-10, 2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115, 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, 2605-205, 2605-210, 2605-215, 2605-250, 2605-275, 2605-300, 2605-305, 2605-315, 2605-325, 2605-335, 2605-340, 2605-350, 2605-355, 2605-360, 2605-365, 2605-375, 2605-390, 2605-400, 2605-405, 2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the Department of State Police Law (20 ILCS 2605/2605-10, 2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105, 2605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130, 2605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205, 2605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275, 2605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325, 2605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355, 2605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390, 2605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430, 2605/2605-435, 2605/2605-500, SB2989 Enrolled - 35 - LRB099 20595 RPS 45155 b 2605/2605-525, or 2605/2605-550);
This Act takes effect January 1, 2017.
This Act takes effect January 1, 2017, except that the changes to Section 5-3 of the Liquor Control Act of 1934 take effect upon becoming law.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 99-0904

  2. Effective Date January 1, 2017; Some Provisions

  3. Effective Date August 26, 2016; Some Provisions

  4. Governor Approved

  5. Sent to the Governor

  6. Passed Both Houses

  7. Senate Concurs

  8. House Floor Amendment No. 2 Senate Concurs 053-002-000

  9. House Floor Amendment No. 1 Senate Concurs 053-002-000

  10. House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 016-000-000

  11. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 016-000-000

  12. House Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive

  13. House Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive

  14. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

  15. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.

  16. House Floor Amendment No. 1 Motion to Concur Referred to Assignments

  17. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.

  18. Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2016

  19. Secretary's Desk - Concurrence House Amendment(s) 1, 2

  20. Added Alternate Co-Sponsor Rep. Camille Y. Lilly

  21. Third Reading - Short Debate - Passed 104-009-001

  22. Placed on Calendar Order of 3rd Reading - Short Debate

  23. House Floor Amendment No. 2 Adopted

  24. House Floor Amendment No. 1 Adopted

  25. Added Alternate Chief Co-Sponsor Rep. Anthony DeLuca

  26. House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-001-000

  27. Final Action Deadline Extended-9(b) May 31, 2016

  28. House Floor Amendment No. 1 Recommends Be Adopted Executive Committee; 011-000-000

  29. House Floor Amendment No. 2 Referred to Rules Committee

  30. House Floor Amendment No. 2 Filed with Clerk by Rep. Jay Hoffman

  31. Held on Calendar Order of Second Reading - Short Debate

  32. Second Reading - Short Debate

  33. House Floor Amendment No. 1 Rules Refers to Executive Committee

  34. Added Alternate Chief Co-Sponsor Rep. Jim Durkin

  35. House Floor Amendment No. 1 Referred to Rules Committee

  36. House Floor Amendment No. 1 Filed with Clerk by Rep. Jay Hoffman

  37. Placed on Calendar 2nd Reading - Short Debate

  38. Do Pass / Short Debate Executive Committee; 007-003-000

  39. Final Action Deadline Extended-9(b) May 27, 2016

  40. Assigned to Executive Committee

  41. Referred to Rules Committee

  42. First Reading

  43. Chief House Sponsor Rep. Jay Hoffman

  44. Arrived in House

  45. Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  46. Third Reading - Passed; 033-018-000

  47. Placed on Calendar Order of 3rd Reading April 21, 2016

  48. Senate Floor Amendment No. 2 Adopted; Clayborne

  49. Second Reading

  50. Senate Floor Amendment No. 2 Recommend Do Adopt Executive; 014-000-000

  51. Senate Floor Amendment No. 2 Assignments Refers to Executive

  52. Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-8 (b-1), this amendment will remain in the Committee on Assignments

  53. Senate Floor Amendment No. 2 Referred to Assignments

  54. Senate Floor Amendment No. 2 Filed with Secretary by Sen. James F. Clayborne, Jr.

  55. Senate Floor Amendment No. 1 Referred to Assignments

  56. Senate Floor Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.

  57. Placed on Calendar Order of 2nd Reading April 7, 2016

  58. Do Pass Executive; 015-000-000

  59. Assigned to Executive

  60. Referred to Assignments

  61. First Reading

  62. Filed with Secretary by Sen. James F. Clayborne, Jr.

Sponsors

Sponsorship breakdown

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0 sponsors · 2 co-sponsors · 181 not signed on · 10 voted No

Sponsors (0)

None.

Co-sponsors (2)

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 53 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 35103
Republican 5100
Democrat 13001
Total 53204
% of votes cast 90%3%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Link — Yea
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Not Voting
Bush — Yea
Mulroe — Yea
Landek — Yea
Luechtefeld — Yea
McCann — Yea
McCarter — Nay
McConnaughay — Yea
Harris — Yea
Bennett — Yea
Muñoz — Yea
McGuire — Yea
Nybo — Yea
Radogno — Yea
Silverstein — Yea
Brady — Yea
Sullivan — Yea
Steans — Yea
Cullerton, T. — Yea
Cullerton — Yea
Trotter — Yea
Clayborne — Yea
Connelly — Not Voting
Forby — Yea
Haine — Yea
Hutchinson — Yea
Noland — Yea
Oberweis — Yea
Raoul — Yea
Righter — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Nay

Official roll call →

Passed 53 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 35103
Republican 5100
Democrat 13001
Total 53204
% of votes cast 90%3%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Not Voting
Bush — Yea
McCarter — Nay
McCann — Yea
Forby — Yea
Haine — Yea
Landek — Yea
Link — Yea
Harris — Yea
Bennett — Yea
Luechtefeld — Yea
Manar — Yea
McGuire — Yea
Brady — Yea
Sullivan — Yea
McConnaughay — Yea
Mulroe — Yea
Cullerton, T. — Yea
Cullerton — Yea
Muñoz — Yea
Nybo — Yea
Oberweis — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Clayborne — Yea
Connelly — Not Voting
Hutchinson — Yea
Noland — Yea
Radogno — Yea
Raoul — Yea
Righter — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Nay

Official roll call →

Third Reading

Passed 104 Yea · 9 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 73604
Democrat 28001
Republican 3300
Total 104905
% of votes cast 88%8%0%4%
How each member voted (118)
Member Party Vote
Sandack — Yea
Smiddy — Yea
Sommer — Yea
Wallace — Yea
Soto — Yea
Willis — Yea
Acevedo — Yea
Andersson — Yea
Anthony — Yea
Arroyo — Yea
Batinick — Not Voting
Beiser — Yea
Bellock — Yea
Bourne — Yea
Breen — Yea
Brown — Yea
Butler — Yea
McAsey — Yea
Moffitt — Yea
Franks — Not Voting
Hurley — Yea
Jesiel — Nay
Jimenez — Yea
Lang — Yea
Sente — Yea
Jones — Yea
Demmer — Yea
Leitch — Yea
McAuliffe — Yea
McDermed — Yea
McSweeney — Yea
Bennett — Yea
Sullivan — Yea
Phelps — Yea
Skoog — Yea
Stewart — Yea
Bradley — Yea
Tabares — Yea
Brady — Yea
Thapedi — Yea
Mitchell, Bill — Yea
Tryon — Yea
Turner — Yea
Mitchell, Christian — Yea
Unes — Yea
Verschoore — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Wehrli — Yea
Harris, David — Yea
Wheeler, Barbara — Yea
Harris, Gregory — Yea
Wheeler, Keith — Yea
Williams — Yea
Hernandez — Yea
Cloonen — Yea
Drury — Yea
Dunkin — Yea
Durkin — Yea
Flowers — Yea
Fortner — Yea
Frese — Yea
Hays — Yea
Madigan — Not Voting
Davis, Monique — Not Voting
Winger — Yea
Yingling — Yea
Zalewski — Yea
Cavaletto — Nay
Conroy — Yea
Costello — Yea
Currie — Yea
D'Amico — Yea
Ives — Nay
Jackson — Yea
Nekritz — Yea
Kay — Nay
Phillips — Nay
Pritchard — Yea
Reaves-Harris — Yea
Reis — Nay
Riley — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Not Voting
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Charles Meier Republican Nay
Christopher "C.D." Davidsmeyer Republican Nay
Joe C. Sosnowski Republican Nay
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Terri Bryant Republican Yea

Official roll call →

Third Reading

Passed 33 Yea · 18 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 211107
Democrat 12101
Republican 0600
Total 331808
% of votes cast 56%31%0%14%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Manar — Yea
Althoff — Nay
Martinez — Not Voting
Barickman — Nay
Bertino-Tarrant — Not Voting
Biss — Yea
Bivins — Nay
Bush — Yea
Hutchinson — Yea
Landek — Yea
Link — Yea
McCarter — Nay
Mulroe — Yea
Muñoz — Yea
Steans — Yea
Trotter — Yea
Harris — Yea
Bennett — Yea
McGuire — Yea
Sullivan — Yea
Cullerton — Yea
Clayborne — Yea
Forby — Yea
Haine — Yea
Brady — Nay
Luechtefeld — Nay
Cullerton, T. — Not Voting
McCann — Not Voting
McConnaughay — Nay
Noland — Not Voting
Nybo — Nay
Oberweis — Not Voting
Radogno — Nay
Silverstein — Not Voting
Connelly — Nay
Raoul — Yea
Righter — Nay
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Not Voting
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Laura M. Murphy Democrat Nay
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Nay
Dan McConchie Republican Nay
Dave Syverson Republican Nay
Neil Anderson Republican Nay
Sue Rezin Republican Nay
Travis Weaver Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does SB 2989 do?
Amends the Liquor Control Act of 1934. In provisions concerning the delivery of alcoholic liquor by certain entities, requires the use of scan technology at the time of delivery to verify the identification of a person who is at least 21 years of age. Provides that the failure to use scan technology and obtain the signature of a person who is at least 21 years of age is a Class A misdemeanor. Defines "scan technology". Provides that for the purposes of the Act, the United States Postal Service and any company that uses technology to facilitate the delivery of alcoholic liquor from licensed retail premises to consumers shall be considered a common carrier. Requires common carriers to carry and maintain liquor liability insurance. Provides that a winery shipper license holder may only ship wine it produces from its licensed wine manufacturer premises wherein the wine manufacturer is licensed to engage in the manufacture of the wine. Requires certain entities that transport alcoholic liquor out of the State for delivery into another state to comply with certain reporting provisions and increases the penalty for the failure to comply with those provisions. Provides that any person who both has received an initial cease and desist letter from the State Commission and for compensation ships alcoholic liquor into this State without a license shall be guilty of a Class 4 felony. Prohibits and establishes criminal penalties for the transportation of more than a certain amount of beer, wine, or spirits into the State without a license or for transporting beer, wine, or spirits into the State for sale or resale without a license. Increases other penalties. Makes other changes. Effective immediately.
Who sponsors SB 2989?
SB 2989 is sponsored by James F. Clayborne, Jr. and Camille Y. Lilly (Democrat).
What is the current status of SB 2989?
This bill has been enacted into law. Introduced February 18, 2016. Enacted.
Where can I track SB 2989?
Track SB 2989 free on One Click Politics — get push/email alerts when it moves.

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