Amendment vs bill Senate Amendment 002 vs Enrolled

Struck = removed from the bill ยท added = the amendment's new text.

Previous
Latest
SB0618 Enrolled LRB104 06890 RPS 16926 b AN ACT concerning liquor.
*LRB10406890RPS28967a* Sen.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Cristina Castro Filed:
Section 5.
10/14/2025 10400SB0618sam002 LRB104 06890 RPS 28967 a AMENDMENT TO SENATE BILL 618 AMENDMENT NO.
The Liquor Control Act of 1934 is amended by changing Sections 1-3.17.1, 3-12, 5-1, 5-3, 6-4, and 8-2 and by adding Sections 1-3.47, 1-3.48, and 6-40 as follows:
______.
Amend Senate Bill 618 by replacing everything after the enacting clause with the following:
"Section 5.
The Liquor Control Act of 1934 is amended by changing Sections 1-3.17.1, 3-12, 5-1, 5-2, 5-3, 6-4, 6-16, 6-28.8, and 8-2 and by adding Sections 1-3.47, 1-3.48, and 6-40 as follows:
6-30-17.) (235 ILCS 5/1-3.47 new) Sec.
6-30-17.) 10400SB0618sam002 -2- LRB104 06890 RPS 28967 a (235 ILCS 5/1-3.47 new) Sec.
"Class 3 craft distiller" means a person who is a holder of a distiller license or a non-resident dealer license who manufactures no more than 100,000 gallons of spirits per year in the aggregate and who may make sales to importing distributors, distributors, and retail licensees in accordance with the SB0618 Enrolled - 2 - LRB104 06890 RPS 16926 b conditions set forth in paragraph (21) of subsection (a) of Section 3-12.
"Class 3 craft distiller" means a person who is a holder of a distiller license or a non-resident dealer license who manufactures no more than 100,000 gallons of spirits per year in the aggregate and who may make sales to importing distributors, distributors, and retail licensees in accordance with the conditions set forth in paragraph (21) of subsection (a) of Section 3-12.
"Spirits showcase permit" means a license for use by a class 1 craft distiller, class 2 craft distiller, or class 3 craft distiller to allow for the transfer of spirits only from an existing licensed premises of a class 1 craft distiller, class 2 craft distiller, or class 3 craft distiller to a designated site for a specific event.
"Spirits showcase permit" means a license for use by a class 1 craft distiller, class 2 craft distiller, class 3 craft distiller, or distributor to allow for the transfer of spirits only from an existing licensed premises of a class 1 craft distiller, class 2 craft distiller, class 3 craft distiller, or distributor to a designated site for a specific event.
(1) To receive applications and to issue licenses to manufacturers, foreign importers, importing distributors, distributors, non-resident dealers, on premise consumption retailers, off premise sale retailers, special event retailer licensees, special use permit licenses, auction liquor licenses, brew pubs, caterer retailers, non-beverage users, railroads, including owners and lessees of sleeping, dining, and cafe cars, airplanes, boats, brokers, and wine maker's premises licensees in accordance with the provisions of this Act, and to suspend SB0618 Enrolled - 3 - LRB104 06890 RPS 16926 b or revoke such licenses upon the State Commission's determination, upon notice after hearing, that a licensee has violated any provision of this Act or any rule or regulation issued pursuant thereto and in effect for 30 days prior to such violation.
(1) To receive applications and to issue licenses to manufacturers, foreign importers, importing distributors, 10400SB0618sam002 -3- LRB104 06890 RPS 28967 a distributors, non-resident dealers, on premise consumption retailers, off premise sale retailers, special event retailer licensees, special use permit licenses, auction liquor licenses, brew pubs, caterer retailers, non-beverage users, railroads, including owners and lessees of sleeping, dining, and cafe cars, airplanes, boats, brokers, and wine maker's premises licensees in accordance with the provisions of this Act, and to suspend or revoke such licenses upon the State Commission's determination, upon notice after hearing, that a licensee has violated any provision of this Act or any rule or regulation issued pursuant thereto and in effect for 30 days prior to such violation.
For the purpose of this paragraph (1), when determining multiple violations for the sale of alcohol to a person under the age of 21, a second or subsequent violation for the sale of alcohol to a person under the age of 21 shall only be considered if it was committed within 5 years after the date when a prior violation for the sale of alcohol to a person under the age of 21 was committed.
10400SB0618sam002 -4- LRB104 06890 RPS 28967 a For the purpose of this paragraph (1), when determining multiple violations for the sale of alcohol to a person under the age of 21, a second or subsequent violation for the sale of alcohol to a person under the age of 21 shall only be considered if it was committed within 5 years after the date when a prior violation for the sale of alcohol to a person under the age of 21 was committed.
The fine imposed under this paragraph may not exceed SB0618 Enrolled - 4 - LRB104 06890 RPS 16926 b $500 for each violation.
The fine imposed under this paragraph may not exceed $500 for each violation.
Any notice issued by the State Commission to a licensee for a violation of this Act or any notice with respect to settlement or offer in compromise shall include the field report, photographs, and any other supporting documentation necessary to reasonably inform the licensee of the nature and extent of the violation or the conduct alleged to have occurred.
Any notice issued by the State Commission to a licensee for a violation of this Act or any notice with respect to settlement or offer in compromise shall include 10400SB0618sam002 -5- LRB104 06890 RPS 28967 a the field report, photographs, and any other supporting documentation necessary to reasonably inform the licensee of the nature and extent of the violation or the conduct alleged to have occurred.
(2) To adopt such rules and regulations consistent with the provisions of this Act which shall be necessary SB0618 Enrolled - 5 - LRB104 06890 RPS 16926 b to carry on its functions and duties to the end that the health, safety, and welfare of the People of the State of Illinois shall be protected and temperance in the consumption of alcoholic liquors shall be fostered and promoted and to distribute copies of such rules and regulations to all licensees affected thereby.
(2) To adopt such rules and regulations consistent with the provisions of this Act which shall be necessary to carry on its functions and duties to the end that the health, safety, and welfare of the People of the State of Illinois shall be protected and temperance in the consumption of alcoholic liquors shall be fostered and promoted and to distribute copies of such rules and regulations to all licensees affected thereby.
Nothing in this Act authorizes an agent of the State Commission to inspect private areas within the premises without reasonable suspicion or a warrant during an inspection.
Nothing in this Act 10400SB0618sam002 -6- LRB104 06890 RPS 28967 a authorizes an agent of the State Commission to inspect private areas within the premises without reasonable suspicion or a warrant during an inspection.
(5.1) Upon receipt of a complaint or upon having knowledge that any person is engaged in business as a manufacturer, importing distributor, distributor, or SB0618 Enrolled - 6 - LRB104 06890 RPS 16926 b retailer without a license or valid license, to conduct an investigation.
(5.1) Upon receipt of a complaint or upon having knowledge that any person is engaged in business as a manufacturer, importing distributor, distributor, or retailer without a license or valid license, to conduct an investigation.
If, after conducting an investigation, the State Commission is satisfied that the alleged conduct occurred or is occurring, it may issue a cease and desist notice as provided in this Act, impose civil penalties as provided in this Act, notify the foreign jurisdiction, or file a complaint with the State's Attorney's Office of the county where the incident occurred or the Attorney General.
If, after conducting an investigation, the State Commission is satisfied that the alleged conduct occurred or is occurring, it may issue a cease and desist notice as provided in this Act, impose civil penalties as provided in this Act, notify the foreign jurisdiction, or 10400SB0618sam002 -7- LRB104 06890 RPS 28967 a file a complaint with the State's Attorney's Office of the county where the incident occurred or the Attorney General.
Such complaints shall be in SB0618 Enrolled - 7 - LRB104 06890 RPS 16926 b writing, signed and sworn to by the person making the complaint, and shall state with specificity the facts in relation to the alleged violation.
Such complaints shall be in writing, signed and sworn to by the person making the complaint, and shall state with specificity the facts in relation to the alleged violation.
(5.6) To impose civil penalties or fines to any person who, without holding a valid license, engages in conduct that requires a license pursuant to this Act, in an amount not to exceed $20,000 for each offense as determined by the State Commission.
(5.6) To impose civil penalties or fines to any person who, without holding a valid license, engages in conduct that requires a license pursuant to this Act, in an amount not to exceed $20,000 for each offense as determined by 10400SB0618sam002 -8- LRB104 06890 RPS 28967 a the State Commission.
Hearings under this SB0618 Enrolled - 8 - LRB104 06890 RPS 16926 b subsection shall be held in Springfield or Chicago, at whichever location is the more convenient for the majority of persons who are parties to the hearing.
Hearings under this subsection shall be held in Springfield or Chicago, at whichever location is the more convenient for the majority of persons who are parties to the hearing.
The State Commission may also prescribe the forms of accounts to be kept by all retail licensees having more than 4 employees, including, but not limited to, accounts of earnings and expenses and any distribution, payment, or other distribution of earnings or assets, and any other forms, records, and memoranda which in the judgment of the State Commission commission may be necessary or appropriate to carry out any of the provisions of this Act, including, but not limited to, such forms, records, and memoranda as will readily and accurately disclose at all times the beneficial ownership of such retail licensed business.
The State Commission may also prescribe the forms of accounts to be kept by all retail licensees having more than 4 employees, including, but not limited to, accounts of earnings and expenses and any distribution, payment, or other distribution of earnings or assets, and any other forms, records, and memoranda which in the judgment of the State Commission commission may be necessary or appropriate to carry out any of the provisions of this Act, including, but not limited to, 10400SB0618sam002 -9- LRB104 06890 RPS 28967 a such forms, records, and memoranda as will readily and accurately disclose at all times the beneficial ownership of such retail licensed business.
The State Commission commission may, from SB0618 Enrolled - 9 - LRB104 06890 RPS 16926 b time to time, alter, amend, or repeal, in whole or in part, any uniform system of accounts, or the form and manner of keeping accounts.
The State Commission commission may, from time to time, alter, amend, or repeal, in whole or in part, any uniform system of accounts, or the form and manner of keeping accounts.
Any circuit court may, by order duly entered, require the attendance of witnesses and the production of relevant books subpoenaed by the State Commission and the court may compel obedience to its order by proceedings for contempt.
10400SB0618sam002 -10- LRB104 06890 RPS 28967 a Any circuit court may, by order duly entered, require the attendance of witnesses and the production of relevant books subpoenaed by the State Commission and the court may compel obedience to its order by proceedings for contempt.
(9) To investigate the administration of laws in relation to alcoholic liquors in this and other states and any foreign countries, and to recommend from time to time to the Governor and through him or her to the legislature SB0618 Enrolled - 10 - LRB104 06890 RPS 16926 b of this State, such amendments to this Act, if any, as it may think desirable and as will serve to further the general broad purposes contained in Section 1-2 hereof.
(9) To investigate the administration of laws in relation to alcoholic liquors in this and other states and any foreign countries, and to recommend from time to time to the Governor and through him or her to the legislature of this State, such amendments to this Act, if any, as it may think desirable and as will serve to further the general broad purposes contained in Section 1-2 hereof.
(11.1) To license persons providing education and training to alcohol beverage sellers and servers for mandatory and non-mandatory training under the Beverage Alcohol Sellers and Servers Education and Training (BASSET) programs and to develop and administer a public awareness program in Illinois to reduce or eliminate the illegal purchase and consumption of alcoholic beverage products by persons under the age of 21.
(11.1) To license persons providing education and training to alcohol beverage sellers and servers for mandatory and non-mandatory training under the Beverage Alcohol Sellers and Servers Education and Training (BASSET) programs and to develop and administer a public awareness program in Illinois to reduce or eliminate the 10400SB0618sam002 -11- LRB104 06890 RPS 28967 a illegal purchase and consumption of alcoholic beverage products by persons under the age of 21.
(14) On or before April 30, 2008 and every 2 years SB0618 Enrolled - 11 - LRB104 06890 RPS 16926 b thereafter, the State Commission shall present a written report to the Governor and the General Assembly that shall be based on a study of the impact of Public Act 95-634 on the business of soliciting, selling, and shipping wine from inside and outside of this State directly to residents of this State.
(14) On or before April 30, 2008 and every 2 years thereafter, the State Commission shall present a written report to the Governor and the General Assembly that shall be based on a study of the impact of Public Act 95-634 on the business of soliciting, selling, and shipping wine from inside and outside of this State directly to residents of this State.
reported violations;
reported 10400SB0618sam002 -12- LRB104 06890 RPS 28967 a violations;
SB0618 Enrolled - 12 - LRB104 06890 RPS 16926 b (15) As a means to reduce the underage consumption of alcoholic liquors, the State Commission shall conduct alcohol compliance operations to investigate whether businesses that are soliciting, selling, and shipping wine from inside or outside of this State directly to residents of this State are licensed by this State or are selling or attempting to sell wine to persons under 21 years of age in violation of this Act.
(15) As a means to reduce the underage consumption of alcoholic liquors, the State Commission shall conduct alcohol compliance operations to investigate whether businesses that are soliciting, selling, and shipping wine from inside or outside of this State directly to residents of this State are licensed by this State or are selling or attempting to sell wine to persons under 21 years of age in violation of this Act.
(17)(A) A person licensed to make wine under the laws of another state who has a winery shipper's license under this Act and annually produces less than 25,000 gallons of wine or a person who has 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 under this Act and annually produces less than 25,000 gallons of wine may make application to the State Commission for a self-distribution exemption to allow the sale of not more than 5,000 gallons of the exemption holder's wine to retail licensees per year and to sell SB0618 Enrolled - 13 - LRB104 06890 RPS 16926 b cider, mead, or both cider and mead to brewers, class 1 brewers, class 2 brewers, and class 3 brewers, and class 3 craft distillers that, pursuant to subsection (e) of Section 6-4 of this Act, sell beer, cider, spirits, mead, or any combination thereof to non-licensees at their breweries or distilleries.
(17)(A) A person licensed to make wine under the laws of another state who has a winery shipper's license under this Act and annually produces less than 25,000 gallons of 10400SB0618sam002 -13- LRB104 06890 RPS 28967 a wine or a person who has 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 under this Act and annually produces less than 25,000 gallons of wine may make application to the State Commission for a self-distribution exemption to allow the sale of not more than 5,000 gallons of the exemption holder's wine to retail licensees per year and to sell cider, mead, or both cider and mead to brewers, class 1 brewers, class 2 brewers, and class 3 brewers, and class 3 craft distillers that, pursuant to subsection (e) of Section 6-4 of this Act, sell beer, cider, spirits, mead, or any combination thereof to non-licensees at their breweries or distilleries.
(2) is not a member of any affiliated group that produces directly or indirectly more than 25,000 gallons of wine per annum, 930,000 gallons of beer per annum, or 50,000 gallons of spirits per annum;
(2) is 10400SB0618sam002 -14- LRB104 06890 RPS 28967 a not a member of any affiliated group that produces directly or indirectly more than 25,000 gallons of wine per annum, 930,000 gallons of beer per annum, or 50,000 gallons of spirits per annum;
SB0618 Enrolled - 14 - LRB104 06890 RPS 16926 b (D) A self-distribution exemption holder shall annually certify to the State Commission its production of wine in the previous 12 months and its anticipated production and sales for the next 12 months.
(D) A self-distribution exemption holder shall annually certify to the State Commission its production of wine in the previous 12 months and its anticipated production and sales for the next 12 months.
(E) Except in hearings for violations of this Act or Public Act 95-634 or a bona fide investigation by duly sworn law enforcement officials, the State Commission, or its agents, the State Commission shall maintain the production and sales information of a self-distribution exemption holder as confidential and shall not release such information to any person.
(E) Except in hearings for violations of this Act or Public Act 95-634 or a bona fide investigation by duly sworn law enforcement officials, the State Commission, or its agents, the State Commission shall maintain the 10400SB0618sam002 -15- LRB104 06890 RPS 28967 a production and sales information of a self-distribution exemption holder as confidential and shall not release such information to any person.
(G) Nothing in this paragraph (17) shall prohibit a self-distribution exemption holder from entering into or SB0618 Enrolled - 15 - LRB104 06890 RPS 16926 b simultaneously having a distribution agreement with a licensed Illinois distributor.
(G) Nothing in this paragraph (17) shall prohibit a self-distribution exemption holder from entering into or simultaneously having a distribution agreement with a licensed Illinois distributor.
(18)(A) A class 1 brewer licensee, who must also be either a licensed brewer or licensed non-resident dealer and annually manufacture less than 930,000 gallons of beer, may make application to the State Commission for a self-distribution exemption to allow the sale of not more than 232,500 gallons per year of the exemption holder's beer to retail licensees and to brewers, class 1 brewers, and class 2 brewers that, pursuant to subsection (e) of Section 6-4 of this Act, sell beer, cider, mead, or any combination thereof to non-licensees at their breweries.
(18)(A) A class 1 brewer licensee, who must also be either a licensed brewer or licensed non-resident dealer and annually manufacture less than 930,000 gallons of beer, may make application to the State Commission for a 10400SB0618sam002 -16- LRB104 06890 RPS 28967 a self-distribution exemption to allow the sale of not more than 232,500 gallons per year of the exemption holder's beer to retail licensees and to brewers, class 1 brewers, and class 2 brewers that, pursuant to subsection (e) of Section 6-4 of this Act, sell beer, cider, mead, or any combination thereof to non-licensees at their breweries.
(B) In the application, which shall be sworn under penalty of perjury, the class 1 brewer licensee shall SB0618 Enrolled - 16 - LRB104 06890 RPS 16926 b state (1) the date it was established;
(B) In the application, which shall be sworn under penalty of perjury, the class 1 brewer licensee shall state (1) the date it was established;
(3) shall not annually manufacture for sale more than 930,000 gallons of beer, 25,000 gallons of wine, or 50,000 gallons of spirits;
(3) shall not annually 10400SB0618sam002 -17- LRB104 06890 RPS 28967 a manufacture for sale more than 930,000 gallons of beer, 25,000 gallons of wine, or 50,000 gallons of spirits;
and (5) has relinquished SB0618 Enrolled - 17 - LRB104 06890 RPS 16926 b any brew pub license held by the licensee, including any ownership interest it held in the licensed brew pub.
and (5) has relinquished any brew pub license held by the licensee, including any ownership interest it held in the licensed brew pub.
(E) The State Commission shall issue rules and regulations governing self-distribution exemptions consistent with this Act.
(E) The State Commission shall issue rules and regulations governing self-distribution exemptions 10400SB0618sam002 -18- LRB104 06890 RPS 28967 a consistent with this Act.
If a self-distribution exemption holder enters into a distribution agreement and has assigned distribution rights to an importing distributor or distributor, then SB0618 Enrolled - 18 - LRB104 06890 RPS 16926 b the self-distribution exemption holder's distribution rights in the assigned territories shall cease in a reasonable time not to exceed 60 days.
If a self-distribution exemption holder enters into a distribution agreement and has assigned distribution rights to an importing distributor or distributor, then the self-distribution exemption holder's distribution rights in the assigned territories shall cease in a reasonable time not to exceed 60 days.
Show all 345 changed rows (305 more)
Previous
Latest
(B) In the application, which shall be sworn under penalty of perjury, the class 1 craft distiller licensee or non-resident dealer shall state (1) the date it was established;
(B) In the application, which shall be sworn under 10400SB0618sam002 -19- LRB104 06890 RPS 28967 a penalty of perjury, the class 1 craft distiller licensee or non-resident dealer shall state (1) the date it was established;
and (5) that it will comply with the alcoholic beverage and revenue laws of the United SB0618 Enrolled - 19 - LRB104 06890 RPS 16926 b States, this State, and any other state where it is licensed.
and (5) that it will comply with the alcoholic beverage and revenue laws of the United States, this State, and any other state where it is licensed.
(D) A self-distribution exemption holder shall annually certify to the State Commission its manufacture of spirits during the previous 12 months and its anticipated manufacture and sales of spirits for the next 12 months.
(D) A self-distribution exemption holder shall annually certify to the State Commission its manufacture of spirits during the previous 12 months and its 10400SB0618sam002 -20- LRB104 06890 RPS 28967 a anticipated manufacture and sales of spirits for the next 12 months.
The State Commission may fine, suspend, or revoke a self-distribution exemption after a hearing if it finds that the exemption holder has made a material misrepresentation in its application, violated a revenue or alcoholic beverage law of Illinois, exceeded the manufacture of 50,000 gallons of spirits, 930,000 gallons of beer, or 25,000 gallons of wine in any calendar year, or SB0618 Enrolled - 20 - LRB104 06890 RPS 16926 b has become part of an affiliated group manufacturing more than 50,000 gallons of spirits, 930,000 gallons of beer, or 25,000 gallons of wine.
The State Commission may fine, suspend, or revoke a self-distribution exemption after a hearing if it finds that the exemption holder has made a material misrepresentation in its application, violated a revenue or alcoholic beverage law of Illinois, exceeded the manufacture of 50,000 gallons of spirits, 930,000 gallons of beer, or 25,000 gallons of wine in any calendar year, or has become part of an affiliated group manufacturing more than 50,000 gallons of spirits, 930,000 gallons of beer, or 25,000 gallons of wine.
(20)(A) A class 3 brewer licensee who must manufacture less than 465,000 gallons of beer in the aggregate and not more than 155,000 gallons at any single brewery premises may make application to the State Commission for a self-distribution exemption to allow the sale of not more than 6,200 gallons of beer from each in-state or out-of-state class 3 brewery premises, which shall not exceed 18,600 gallons annually in the aggregate, that is manufactured at a wholly owned class 3 brewer's in-state SB0618 Enrolled - 21 - LRB104 06890 RPS 16926 b or out-of-state licensed premises to retail licensees and class 3 brewers and to brewers, class 1 brewers, class 2 brewers that, pursuant to subsection (e) of Section 6-4, sell beer, cider, or both beer and cider to non-licensees at their licensed breweries.
(20)(A) A class 3 brewer licensee who must manufacture 10400SB0618sam002 -21- LRB104 06890 RPS 28967 a less than 465,000 gallons of beer in the aggregate and not more than 155,000 gallons at any single brewery premises may make application to the State Commission for a self-distribution exemption to allow the sale of not more than 6,200 gallons of beer from each in-state or out-of-state class 3 brewery premises, which shall not exceed 18,600 gallons annually in the aggregate, that is manufactured at a wholly owned class 3 brewer's in-state or out-of-state licensed premises to retail licensees and class 3 brewers and to brewers, class 1 brewers, class 2 brewers that, pursuant to subsection (e) of Section 6-4, sell beer, cider, or both beer and cider to non-licensees at their licensed breweries.
(C) Any application submitted shall be posted on the State Commission's website at least 45 days before action by the State Commission.
10400SB0618sam002 -22- LRB104 06890 RPS 28967 a (C) Any application submitted shall be posted on the State Commission's website at least 45 days before action by the State Commission.
(2) is not a member of any affiliated group that manufacturers, directly or indirectly, more than 465,000 gallons of beer SB0618 Enrolled - 22 - LRB104 06890 RPS 16926 b per annum;
(2) is not a member of any affiliated group that manufacturers, directly or indirectly, more than 465,000 gallons of beer per annum;
The State Commission may fine, suspend, or revoke a self-distribution exemption after a hearing if it finds that the exemption holder has made a material misrepresentation in its application, violated a revenue or alcoholic beverage law of Illinois, exceeded the manufacture of 465,000 gallons of beer in any calendar year or became part of an affiliated group manufacturing more than 465,000 gallons of beer, or exceeded the sale to retail licensees, brewers, class 1 brewers, class 2 brewers, and class 3 brewers of 6,200 gallons per brewery location or 18,600 gallons in the aggregate.
The State Commission may fine, suspend, or revoke a self-distribution exemption after a hearing if it finds that the exemption holder has made a material 10400SB0618sam002 -23- LRB104 06890 RPS 28967 a misrepresentation in its application, violated a revenue or alcoholic beverage law of Illinois, exceeded the manufacture of 465,000 gallons of beer in any calendar year or became part of an affiliated group manufacturing more than 465,000 gallons of beer, or exceeded the sale to retail licensees, brewers, class 1 brewers, class 2 brewers, and class 3 brewers of 6,200 gallons per brewery location or 18,600 gallons in the aggregate.
SB0618 Enrolled - 23 - LRB104 06890 RPS 16926 b (E) The State Commission may adopt rules governing self-distribution exemptions consistent with this Act.
(E) The State Commission may adopt rules governing self-distribution exemptions consistent with this Act.
The General Assembly finds that in order to preserve Illinois' regulatory distribution system, it is necessary to create an exception for smaller manufacturers in order to afford and allow such smaller manufacturers of beer access to the marketplace in order to develop a customer base without impairing the integrity of the 3-tier system.
The General Assembly finds that in order to preserve Illinois' regulatory distribution system, it is necessary to create an exception for smaller manufacturers in order to afford and allow such smaller manufacturers of beer access to the marketplace in order 10400SB0618sam002 -24- LRB104 06890 RPS 28967 a to develop a customer base without impairing the integrity of the 3-tier system.
(21)(A) A class 3 craft distiller licensee who manufactures less than 100,000 gallons of spirits in the aggregate may make application to the State Commission for a self-distribution exemption to allow the sale of not more than 5,000 gallons of the exemption holder's spirits per year that are manufactured at a wholly owned class 3 SB0618 Enrolled - 24 - LRB104 06890 RPS 16926 b craft distiller's in-state or out-of-state licensed premises to retail licensees and class 3 brewers and to class 3 craft distillers that, pursuant to subsection (e) of Section 6-4, sell beer, cider, spirits, or any combination thereof to non-licensees at their licensed distilleries.
(21)(A) A class 3 craft distiller licensee who manufactures less than 100,000 gallons of spirits in the aggregate may make application to the State Commission for a self-distribution exemption to allow the sale of not more than 5,000 gallons of the exemption holder's spirits per year that are manufactured at a wholly owned class 3 craft distiller's in-state or out-of-state licensed premises to retail licensees and class 3 brewers and to class 3 craft distillers that, pursuant to subsection (e) of Section 6-4, sell beer, cider, spirits, or any combination thereof to non-licensees at their licensed distilleries.
and (5) that it will comply with the alcoholic beverage and revenue laws of the United States, this State, and any other state where it is licensed.
and (5) that it will comply with the alcoholic 10400SB0618sam002 -25- LRB104 06890 RPS 28967 a beverage and revenue laws of the United States, this State, and any other state where it is licensed.
(1) is in compliance with the State, revenue, and SB0618 Enrolled - 25 - LRB104 06890 RPS 16926 b alcoholic beverage laws;
(1) is in compliance with the State, revenue, and alcoholic beverage laws;
The State Commission may fine, suspend, or revoke a self-distribution exemption after a hearing if it finds that the exemption holder has made a material misrepresentation in its application, violated a revenue or alcoholic beverage law of Illinois, exceeded the manufacture of 100,000 gallons of spirits in any calendar year, or became part of an affiliated group manufacturing more than 100,000 gallons of spirits.
The State Commission may fine, suspend, or revoke a self-distribution exemption after a hearing if it 10400SB0618sam002 -26- LRB104 06890 RPS 28967 a finds that the exemption holder has made a material misrepresentation in its application, violated a revenue or alcoholic beverage law of Illinois, exceeded the manufacture of 100,000 gallons of spirits in any calendar year, or became part of an affiliated group manufacturing more than 100,000 gallons of spirits.
SB0618 Enrolled - 26 - LRB104 06890 RPS 16926 b (F) Nothing in this paragraph shall prohibit a self-distribution exemption holder from entering into or simultaneously having a distribution agreement with a licensed Illinois importing distributor or a distributor.
(F) Nothing in this paragraph shall prohibit a self-distribution exemption holder from entering into or simultaneously having a distribution agreement with a licensed Illinois importing distributor or a distributor.
As part of its report, the Commission shall provide the following information:
10400SB0618sam002 -27- LRB104 06890 RPS 28967 a As part of its report, the Commission shall provide the following information:
(iii) the number of reported violations, the number of cease and desist notices issued by the Commission, the SB0618 Enrolled - 27 - LRB104 06890 RPS 16926 b number of notices of violations issued to the Department of Revenue, and the number of notices and complaints of violations to law enforcement officials.
(iii) the number of reported violations, the number of cease and desist notices issued by the Commission, the number of notices of violations issued to the Department of Revenue, and the number of notices and complaints of violations to law enforcement officials.
Class 3 Craft Distiller, (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, SB0618 Enrolled - 28 - LRB104 06890 RPS 16926 b (j) Airplane license, (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, (s) Craft distiller tasting permit, (t) Brewer warehouse permit, (u) Distilling pub license, (v) Craft distiller warehouse permit, (w) Beer showcase permit, .
Class 3 Craft Distiller, 10400SB0618sam002 -28- LRB104 06890 RPS 28967 a (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, (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, (s) Craft distiller tasting permit, (t) Brewer warehouse permit, (u) Distilling pub license, (v) Craft distiller warehouse permit, (w) Beer showcase permit, .
No person, firm, partnership, corporation, or other legal business entity that is engaged in the manufacturing of wine may concurrently obtain and hold a wine-maker's license and a wine manufacturer's license.
No person, firm, partnership, corporation, or other legal business entity that is engaged in the manufacturing of wine may concurrently obtain and hold a wine-maker's license and a 10400SB0618sam002 -29- LRB104 06890 RPS 28967 a wine manufacturer's license.
A Distiller may make sales and deliveries of alcoholic liquor to distillers, rectifiers, importing distributors, distributors, and non-beverage users and to no SB0618 Enrolled - 29 - LRB104 06890 RPS 16926 b other licensees.
A Distiller may make sales and deliveries of alcoholic liquor to distillers, rectifiers, importing distributors, distributors, and non-beverage users and to no other licensees.
If a first-class wine-manufacturer manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year.
If a first-class wine-manufacturer 10400SB0618sam002 -30- LRB104 06890 RPS 28967 a manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year.
If the first-class wine-manufacturer manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any SB0618 Enrolled - 30 - LRB104 06890 RPS 16926 b current license, a class 1 craft distiller license, shall not manufacture more than 50,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year.
If the first-class wine-manufacturer manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 craft distiller license, shall not manufacture more than 50,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year.
A person who, prior to June 1, 2008 (the effective date of Public Act 95-634), is a holder of a first-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.
A person who, prior to June 1, 2008 (the effective date of Public Act 95-634), is a holder of a first-class wine-maker's license and annually produces more than 25,000 gallons of its own wine 10400SB0618sam002 -31- LRB104 06890 RPS 28967 a 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.
If a first-class wine-maker manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 SB0618 Enrolled - 31 - LRB104 06890 RPS 16926 b gallons of beer per year.
If a first-class wine-maker manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year.
A person who, prior to June 1, 2008 (the effective date of Public Act 95-634), 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.
A person who, prior to June 1, 2008 (the effective date of Public Act 95-634), is a holder of a second-class wine-maker's 10400SB0618sam002 -32- LRB104 06890 RPS 28967 a 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.
If a second-class wine-maker manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 brewer license, shall not manufacture more than 3,720,000 gallons of beer per year, and shall not be a member SB0618 Enrolled - 32 - LRB104 06890 RPS 16926 b of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year.
If a second-class wine-maker manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 brewer license, shall not manufacture more than 3,720,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year.
(i) a class 1 craft distiller license if the craft distiller holds a class 1 craft distiller license;
(i) a class 1 craft 10400SB0618sam002 -33- LRB104 06890 RPS 28967 a distiller license if the craft distiller holds a class 1 craft distiller license;
A class 1 craft distiller license, which may only be issued to a licensed craft distiller or licensed non-resident dealer, shall allow the manufacture of up to 50,000 gallons of spirits per year provided that the class 1 SB0618 Enrolled - 33 - LRB104 06890 RPS 16926 b craft distiller licensee does not manufacture more than a combined 50,000 gallons of spirits per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year.
A class 1 craft distiller license, which may only be issued to a licensed craft distiller or licensed non-resident dealer, shall allow the manufacture of up to 50,000 gallons of spirits per year provided that the class 1 craft distiller licensee does not manufacture more than a combined 50,000 gallons of spirits per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year.
A class 1 craft distiller licensee may make sales and deliveries to importing distributors and distributors and to retail licensees in accordance with the conditions set forth in paragraph (19) of subsection (a) of Section 3-12 of this Act.
A class 1 10400SB0618sam002 -34- LRB104 06890 RPS 28967 a craft distiller licensee may make sales and deliveries to importing distributors and distributors and to retail licensees in accordance with the conditions set forth in paragraph (19) of subsection (a) of Section 3-12 of this Act.
A class 1 craft distiller licensee may sell up to 5,000 SB0618 Enrolled - 34 - LRB104 06890 RPS 16926 b gallons of such spirits to non-licensees to the extent permitted by any exemption approved by the State Commission pursuant to Section 6-4 of this Act.
A class 1 craft distiller licensee may sell up to 5,000 gallons of such spirits to non-licensees to the extent permitted by any exemption approved by the State Commission pursuant to Section 6-4 of this Act.
A class 2 craft distiller license, which may only be issued to a licensed craft distiller or licensed non-resident dealer, shall allow the manufacture of up to 100,000 gallons of spirits per year provided that the class 2 craft distiller licensee does not manufacture more than a combined 100,000 gallons of spirits per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year.
A class 2 craft distiller license, which may only be issued to a licensed craft distiller or licensed 10400SB0618sam002 -35- LRB104 06890 RPS 28967 a non-resident dealer, shall allow the manufacture of up to 100,000 gallons of spirits per year provided that the class 2 craft distiller licensee does not manufacture more than a combined 100,000 gallons of spirits per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year.
If a class 2 craft distiller manufactures beer, it shall also obtain and shall only be eligible for, in SB0618 Enrolled - 35 - LRB104 06890 RPS 16926 b addition to any current license, a class 2 brewer license, shall not manufacture more than 3,720,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year.
If a class 2 craft distiller manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 brewer license, shall not manufacture more than 3,720,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year.
If the State Commission provides prior approval, a class 2 craft distiller licensee may annually transfer up to 100,000 gallons of spirits manufactured by that class 2 craft distiller licensee to the premises of a licensed class 2 craft distiller wholly owned and operated by the same licensee.
If the State Commission provides prior approval, a class 2 craft distiller licensee may annually transfer up to 100,000 gallons of spirits manufactured by that class 2 craft distiller licensee to the premises of a licensed class 2 craft distiller 10400SB0618sam002 -36- LRB104 06890 RPS 28967 a wholly owned and operated by the same licensee.
(iv) SB0618 Enrolled - 36 - LRB104 06890 RPS 16926 b a written record shall be maintained by the distiller and distilling pub specifying the amount, date of delivery, and receipt of the product by the distilling pub;
(iv) a written record shall be maintained by the distiller and distilling pub specifying the amount, date of delivery, and receipt of the product by the distilling pub;
Class 12.
10400SB0618sam002 -37- LRB104 06890 RPS 28967 a Class 12.
If a class 1 brewer manufactures SB0618 Enrolled - 37 - LRB104 06890 RPS 16926 b spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 craft distiller license, shall not manufacture more than 50,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year.
If a class 1 brewer manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 craft distiller license, shall not manufacture more than 50,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year.
If the State Commission provides prior approval, a class 1 brewer may annually transfer up to 930,000 gallons of beer manufactured by that class 1 brewer to the premises of a licensed class 1 brewer wholly owned and operated by the same licensee.
If the State Commission provides prior approval, a class 1 brewer may 10400SB0618sam002 -38- LRB104 06890 RPS 28967 a annually transfer up to 930,000 gallons of beer manufactured by that class 1 brewer to the premises of a licensed class 1 brewer wholly owned and operated by the same licensee.
A class 2 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 3,720,000 gallons of beer per year provided that the class 2 brewer licensee does not manufacture more than a combined 3,720,000 gallons of beer per SB0618 Enrolled - 38 - LRB104 06890 RPS 16926 b year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year.
A class 2 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 3,720,000 gallons of beer per year provided that the class 2 brewer licensee does not manufacture more than a combined 3,720,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year.
A class 2 brewer licensee may make sales and deliveries to importing distributors and distributors, but shall not make sales or deliveries to any other licensee.
A class 2 brewer licensee may make sales and deliveries to importing distributors and distributors, but shall not make sales or deliveries to any 10400SB0618sam002 -39- LRB104 06890 RPS 28967 a other licensee.
(i) the transfer shall SB0618 Enrolled - 39 - LRB104 06890 RPS 16926 b not annually exceed more than 31,000 gallons;
(i) the transfer shall not annually exceed more than 31,000 gallons;
A class 3 brewer license, which may be issued to a brewer or a non-resident dealer, shall allow the manufacture of no more than 465,000 gallons of beer per year and no more than 155,000 gallons at a single brewery premises, and shall allow the sale of no more than 6,200 gallons of beer from each in-state or out-of-state class 3 brewery premises, or 18,600 gallons in the aggregate, to retail licensees, class 1 brewers, class 2 brewers, and class 3 brewers as long as the class 3 brewer licensee does not manufacture more than a combined 465,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer SB0618 Enrolled - 40 - LRB104 06890 RPS 16926 b that produces more than 465,000 gallons of beer per year to make sales to importing distributors, distributors, retail licensees, brewers, class 1 brewers, class 2 brewers, and class 3 brewers in accordance with the conditions set forth in paragraph (20) of subsection (a) of Section 3-12.
A class 3 brewer license, which may be issued to a brewer or a non-resident dealer, shall allow the manufacture of no more than 465,000 gallons of beer per year and no more 10400SB0618sam002 -40- LRB104 06890 RPS 28967 a than 155,000 gallons at a single brewery premises, and shall allow the sale of no more than 6,200 gallons of beer from each in-state or out-of-state class 3 brewery premises, or 18,600 gallons in the aggregate, to retail licensees, class 1 brewers, class 2 brewers, and class 3 brewers as long as the class 3 brewer licensee does not manufacture more than a combined 465,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 465,000 gallons of beer per year to make sales to importing distributors, distributors, retail licensees, brewers, class 1 brewers, class 2 brewers, and class 3 brewers in accordance with the conditions set forth in paragraph (20) of subsection (a) of Section 3-12.
A class 3 craft distiller license, which may be issued to a distiller or a non-resident dealer, shall allow the manufacture of no more than 100,000 gallons of spirits per year and shall allow the sale of spirits from the class 3 craft distiller's in-state or out-of-state class 3 craft distillery premises to retail licensees, class 3 brewers, and class 3 craft distillers as long as the class 3 craft distiller licensee does not manufacture more than a combined 100,000 gallons of spirits per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year and to make sales to importing distributors, distributors, retail licensees, class 3 brewers, and class 3 craft distillers in accordance with the conditions set forth in paragraph (21) of SB0618 Enrolled - 41 - LRB104 06890 RPS 16926 b subsection (a) of Section 3-12.
A class 3 craft distiller license, which may be issued to a distiller or a non-resident dealer, shall allow the manufacture of no more than 100,000 gallons of spirits per year and shall allow the sale of spirits from the class 3 craft distiller's in-state or out-of-state class 3 craft distillery premises to retail licensees, class 3 brewers, and class 3 10400SB0618sam002 -41- LRB104 06890 RPS 28967 a craft distillers as long as the class 3 craft distiller licensee does not manufacture more than a combined 100,000 gallons of spirits per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year and to make sales to importing distributors, distributors, retail licensees, class 3 brewers, and class 3 craft distillers in accordance with the conditions set forth in paragraph (21) of subsection (a) of Section 3-12.
Registration of agents, representatives, or persons acting on behalf of a manufacturer is fulfilled by submitting a form to the State Commission.
Registration of agents, representatives, or persons acting on behalf of a manufacturer is fulfilled by submitting a form 10400SB0618sam002 -42- LRB104 06890 RPS 28967 a to the State Commission.
All statements in the forms required to be made by law or by rule shall be deemed material, and any person who knowingly misstates any material SB0618 Enrolled - 42 - LRB104 06890 RPS 16926 b fact under oath in an application is guilty of a Class B misdemeanor.
All statements in the forms required to be made by law or by rule shall be deemed material, and any person who knowingly misstates any material fact under oath in an application is guilty of a Class B misdemeanor.
(iii) the sale of vermouth to class 1 craft distillers and class 2 craft distillers that, pursuant to subsection (e) of Section 6-4 of this Act, sell spirits, vermouth, or both spirits and vermouth to non-licensees at their distilleries;
(iii) the sale of vermouth to class 1 craft distillers and class 2 craft distillers that, pursuant to subsection (e) of Section 6-4 of this Act, sell spirits, 10400SB0618sam002 -43- LRB104 06890 RPS 28967 a vermouth, or both spirits and vermouth to non-licensees at their distilleries;
(c) An importing distributor's license may be issued to and held by those only who are duly licensed distributors, upon the filing of an application by a duly licensed distributor, with the State Commission and the State SB0618 Enrolled - 43 - LRB104 06890 RPS 16926 b Commission shall, without the payment of any fee, immediately issue such importing distributor's license to the applicant, which shall allow the importation of alcoholic liquor by the licensee into this State from any point in the United States outside this State, and the purchase of alcoholic liquor in barrels, casks, or other bulk containers and the bottling of such alcoholic liquors before resale thereof, but all bottles or containers so filled shall be sealed, labeled, stamped, and otherwise made to comply with all provisions, rules, and regulations governing manufacturers in the preparation and bottling of alcoholic liquors.
(c) An importing distributor's license may be issued to and held by those only who are duly licensed distributors, upon the filing of an application by a duly licensed distributor, with the State Commission and the State Commission shall, without the payment of any fee, immediately issue such importing distributor's license to the applicant, which shall allow the importation of alcoholic liquor by the licensee into this State from any point in the United States outside this State, and the purchase of alcoholic liquor in barrels, casks, or other bulk containers and the bottling of such alcoholic liquors before resale thereof, but all bottles or containers so filled shall be sealed, labeled, stamped, and otherwise made to comply with all provisions, rules, and regulations governing manufacturers in the preparation and bottling of alcoholic liquors.
(d) A retailer's license shall allow the licensee to sell and offer for sale at retail, only in the premises specified in the license, alcoholic liquor for use or consumption, but not for resale in any form.
(d) A retailer's license shall allow the licensee to sell and offer for sale at retail, only in the premises specified in the license, alcoholic liquor for use or consumption, but not 10400SB0618sam002 -44- LRB104 06890 RPS 28967 a for resale in any form.
Except as provided in Section SB0618 Enrolled - 44 - LRB104 06890 RPS 16926 b 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to deliver alcoholic liquor to the purchaser for use or consumption.
Except as provided in Section 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to deliver alcoholic liquor to the purchaser for use or consumption.
Any retail license issued to a manufacturer shall only permit the manufacturer to sell beer at retail on the premises actually occupied by the manufacturer.
10400SB0618sam002 -45- LRB104 06890 RPS 28967 a Any retail license issued to a manufacturer shall only permit the manufacturer to sell beer at retail on the premises actually occupied by the manufacturer.
SB0618 Enrolled - 45 - LRB104 06890 RPS 16926 b Except for a municipality with a population of more than 1,000,000 inhabitants, a home rule unit may not regulate the delivery of alcoholic liquor inconsistent with this subsection.
Except for a municipality with a population of more than 1,000,000 inhabitants, a home rule unit may not regulate the delivery of alcoholic liquor inconsistent with this subsection.
(e) A special event retailer's license (not-for-profit) shall permit the licensee to purchase alcoholic liquors from an Illinois licensed distributor (unless the licensee purchases less than $500 of alcoholic liquors for the special event, in which case the licensee may purchase the alcoholic liquors from a licensed retailer) and shall allow the licensee to sell and offer for sale, at retail, alcoholic liquors for consumption on or off the premises specified in the license for use or consumption, but not for resale in any form and only at the location and on the specific dates designated for the special event in the license.
(e) A special event retailer's license (not-for-profit) shall permit the licensee to purchase alcoholic liquors from an Illinois licensed distributor (unless the licensee purchases less than $500 of alcoholic liquors for the special event, in which case the licensee may purchase the alcoholic 10400SB0618sam002 -46- LRB104 06890 RPS 28967 a liquors from a licensed retailer) and shall allow the licensee to sell and offer for sale, at retail, alcoholic liquors for consumption on or off the premises specified in the license for use or consumption, but not for resale in any form and only at the location and on the specific dates designated for the special event in the license.
(A) a resale number issued under Section 2c of the Retailers' SB0618 Enrolled - 46 - LRB104 06890 RPS 16926 b Occupation Tax Act or evidence that the applicant is registered under Section 2a of the Retailers' Occupation Tax Act, (B) a current, valid exemption identification number issued under Section 1g of the Retailers' Occupation Tax Act, and a certification to the State Commission that the purchase of alcoholic liquors will be a tax-exempt purchase, or (C) a statement that the applicant is not registered under Section 2a of the Retailers' Occupation Tax Act, does not hold a resale number under Section 2c of the Retailers' Occupation Tax Act, and does not hold an exemption number under Section 1g of the Retailers' Occupation Tax Act, in which event the State Commission shall set forth on the special event retailer's license a statement to that effect;
(A) a resale number issued under Section 2c of the Retailers' Occupation Tax Act or evidence that the applicant is registered under Section 2a of the Retailers' Occupation Tax Act, (B) a current, valid exemption identification number issued under Section 1g of the Retailers' Occupation Tax Act, and a certification to the State Commission that the purchase of alcoholic liquors will be a tax-exempt purchase, or (C) a statement that the applicant is not registered under Section 2a of the Retailers' Occupation Tax Act, does not hold a resale number under Section 2c of the Retailers' Occupation Tax Act, and does not hold an exemption number under Section 1g of the Retailers' Occupation Tax Act, in which event the State Commission shall set forth on the special event retailer's license a statement to that effect;
Nothing in this Act prohibits an Illinois licensed distributor from offering credit or a refund for unused, salable alcoholic liquors to a holder of a special event retailer's license or the special event retailer's licensee from accepting the credit or refund of alcoholic liquors at the conclusion of the event specified in the license.
10400SB0618sam002 -47- LRB104 06890 RPS 28967 a Nothing in this Act prohibits an Illinois licensed distributor from offering credit or a refund for unused, salable alcoholic liquors to a holder of a special event retailer's license or the special event retailer's licensee from accepting the credit or refund of alcoholic liquors at the conclusion of the event specified in the license.
(f) A railroad license shall permit the licensee to import alcoholic liquors into this State from any point in the United SB0618 Enrolled - 47 - LRB104 06890 RPS 16926 b States outside this State and to store such alcoholic liquors in this State;
(f) A railroad license shall permit the licensee to import alcoholic liquors into this State from any point in the United States outside this State and to store such alcoholic liquors in this State;
A license shall be obtained for each car in which such sales are made.
A license 10400SB0618sam002 -48- LRB104 06890 RPS 28967 a shall be obtained for each car in which such sales are made.
(h) A non-beverage user's license shall allow the licensee SB0618 Enrolled - 48 - LRB104 06890 RPS 16926 b 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 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 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:
50,000 gallons (i) A wine-maker's premises license shall allow a licensee that concurrently holds a first-class wine-maker's license to sell and offer for sale at retail in the premises specified in such license not more than 50,000 gallons of the first-class wine-maker's wine that is made at the first-class wine-maker's licensed premises per year for use or consumption, but not for resale in any form.
50,000 gallons (i) A wine-maker's premises license shall allow a licensee that concurrently holds a first-class wine-maker's license to sell and offer for sale at retail in the premises specified in such license not more than 50,000 gallons of the first-class 10400SB0618sam002 -49- LRB104 06890 RPS 28967 a wine-maker's wine that is made at the first-class wine-maker's licensed premises per year for use or consumption, but not for resale in any form.
A wine-maker's premises license shall allow a licensee who concurrently holds a second-class wine-maker's license to sell and offer for sale at retail in the premises specified in such license up to 100,000 gallons of the second-class wine-maker's wine that is made at the second-class wine-maker's licensed premises per year for use SB0618 Enrolled - 49 - LRB104 06890 RPS 16926 b or consumption but not for resale in any form.
A wine-maker's premises license shall allow a licensee who concurrently holds a second-class wine-maker's license to sell and offer for sale at retail in the premises specified in such license up to 100,000 gallons of the second-class wine-maker's wine that is made at the second-class wine-maker's licensed premises per year for use or consumption but not for resale in any form.
A wine-maker's premises licensee shall secure liquor liability insurance coverage in an amount at least equal to the maximum liability amounts set forth in subsection (a) of Section 6-21 of this Act.
A wine-maker's premises licensee shall secure liquor liability insurance coverage in an amount at least equal to the maximum 10400SB0618sam002 -50- LRB104 06890 RPS 28967 a liability amounts set forth in subsection (a) of Section 6-21 of this Act.
to make wholesale purchases of alcoholic liquors directly from manufacturers, foreign importers, distributors, and importing distributors from SB0618 Enrolled - 50 - LRB104 06890 RPS 16926 b within or outside this State;
to make wholesale purchases of alcoholic liquors directly from manufacturers, foreign importers, distributors, and importing distributors from within or outside this State;
(k) A foreign importer's license shall permit such licensee to purchase alcoholic liquor from Illinois licensed non-resident dealers only, and to import alcoholic liquor other than in bulk from any point outside the United States and to sell such alcoholic liquor to Illinois licensed importing distributors and to no one else in Illinois;
(k) A foreign importer's license shall permit such licensee to purchase alcoholic liquor from Illinois licensed non-resident dealers only, and to import alcoholic liquor 10400SB0618sam002 -51- LRB104 06890 RPS 28967 a other than in bulk from any point outside the United States and to sell such alcoholic liquor to Illinois licensed importing distributors and to no one else in Illinois;
provided that (i) the foreign importer registers with the State Commission every brand of alcoholic liquor that it proposes to sell to Illinois licensees during the license period, (ii) the foreign importer complies with all of the provisions of Section 6-9 of this Act with respect to registration of such Illinois licensees as may SB0618 Enrolled - 51 - LRB104 06890 RPS 16926 b be granted the right to sell such brands at wholesale, and (iii) the foreign importer complies with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers.
provided that (i) the foreign importer registers with the State Commission every brand of alcoholic liquor that it proposes to sell to Illinois licensees during the license period, (ii) the foreign importer complies with all of the provisions of Section 6-9 of this Act with respect to registration of such Illinois licensees as may be granted the right to sell such brands at wholesale, and (iii) the foreign importer complies with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers.
No holder of a retailer's license issued by the Illinois Liquor Control Commission shall purchase or receive any alcoholic liquor, the order for which was solicited or offered for sale to such retailer by a broker unless the broker is the holder of a valid broker's license.
No holder of a retailer's license issued by the Illinois Liquor Control Commission shall purchase or receive any alcoholic liquor, the order for which was solicited or offered for sale to such retailer by a broker unless the broker is the 10400SB0618sam002 -52- LRB104 06890 RPS 28967 a holder of a valid broker's license.
(ii) A broker's license shall be required of a person SB0618 Enrolled - 52 - LRB104 06890 RPS 16926 b within this State, other than a retail licensee, who, for a fee or commission, promotes, solicits, or accepts orders for alcoholic liquor, for use or consumption and not for resale, to be shipped from this State and delivered to residents outside of this State by an express company, common carrier, or contract carrier.
(ii) A broker's license shall be required of a person within this State, other than a retail licensee, who, for a fee or commission, promotes, solicits, or accepts orders for alcoholic liquor, for use or consumption and not for resale, to be shipped from this State and delivered to residents outside of this State by an express company, common carrier, or contract carrier.
Any agent, representative, or person subject to registration pursuant to subsection (a-1) of this Section shall not be eligible to receive a broker's license.
10400SB0618sam002 -53- LRB104 06890 RPS 28967 a Any agent, representative, or person subject to registration pursuant to subsection (a-1) of this Section shall not be eligible to receive a broker's license.
SB0618 Enrolled - 53 - LRB104 06890 RPS 16926 b provided that (i) said non-resident dealer shall register with the Illinois Liquor Control Commission each and every brand of alcoholic liquor which it proposes to sell to Illinois licensees during the license period, (ii) it shall comply with all of the provisions of Section 6-9 hereof with respect to registration of such Illinois licensees as may be granted the right to sell such brands at wholesale by duly filing such registration statement, thereby authorizing the non-resident dealer to proceed to sell such brands at wholesale, and (iii) the non-resident dealer shall comply with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers.
provided that (i) said non-resident dealer shall register with the Illinois Liquor Control Commission each and every brand of alcoholic liquor which it proposes to sell to Illinois licensees during the license period, (ii) it shall comply with all of the provisions of Section 6-9 hereof with respect to registration of such Illinois licensees as may be granted the right to sell such brands at wholesale by duly filing such registration statement, thereby authorizing the non-resident dealer to proceed to sell such brands at wholesale, and (iii) the non-resident dealer shall comply with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers.
(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 State 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 SB0618 Enrolled - 54 - LRB104 06890 RPS 16926 b and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor, (vi) with the prior approval of the State 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, and (vii) notwithstanding item (i) of this subsection, brew pubs wholly owned and operated by the same licensee may combine each location's production limit of 155,000 gallons of beer per year and allocate the aggregate total between the wholly owned, operated, and licensed locations.
(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 10400SB0618sam002 -54- LRB104 06890 RPS 28967 a State 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, (vi) with the prior approval of the State 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, and (vii) notwithstanding item (i) of this subsection, brew pubs wholly owned and operated by the same licensee may combine each location's production limit of 155,000 gallons of beer per year and allocate the aggregate total between the wholly owned, operated, and licensed locations.
(ii) does not hold more than 3 brew pub licenses in this State;
10400SB0618sam002 -55- LRB104 06890 RPS 28967 a (ii) does not hold more than 3 brew pub licenses in this State;
Notwithstanding any other provision of this Act, a SB0618 Enrolled - 55 - LRB104 06890 RPS 16926 b licensed brewer, class 2 brewer, or non-resident dealer who before July 1, 2015 manufactured less than 3,720,000 gallons of beer per year and held a brew pub license on or before July 1, 2015 may (i) continue to qualify for and hold that brew pub license for the licensed premises and (ii) manufacture more than 3,720,000 gallons of beer per year and continue to qualify for and hold that brew pub license if that brewer, class 2 brewer, or non-resident dealer does not simultaneously hold a class 1 brewer license and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year or that produces any other alcoholic liquor.
Notwithstanding any other provision of this Act, a licensed brewer, class 2 brewer, or non-resident dealer who before July 1, 2015 manufactured less than 3,720,000 gallons of beer per year and held a brew pub license on or before July 1, 2015 may (i) continue to qualify for and hold that brew pub license for the licensed premises and (ii) manufacture more than 3,720,000 gallons of beer per year and continue to qualify for and hold that brew pub license if that brewer, class 2 brewer, or non-resident dealer does not simultaneously hold a class 1 brewer license and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year or that produces any other alcoholic liquor.
(1) has a valid retail license on or before May 1, 2021;
10400SB0618sam002 -56- LRB104 06890 RPS 28967 a (1) has a valid retail license on or before May 1, 2021;
and (4) relinquishes all commonly owned retail licenses on SB0618 Enrolled - 56 - LRB104 06890 RPS 16926 b or before December 31, 2022.
and (4) relinquishes all commonly owned retail licenses on or before December 31, 2022.
Nothing in this Act prohibits a distributor or importing distributor from offering credit or a refund for unused, salable beer to a holder of a caterer retailer license or a caterer retailer licensee from accepting a credit or refund for unused, salable beer, in the event an act of God is the sole reason an off-site event is canceled cancelled and if:
10400SB0618sam002 -57- LRB104 06890 RPS 28967 a Nothing in this Act prohibits a distributor or importing distributor from offering credit or a refund for unused, salable beer to a holder of a caterer retailer license or a caterer retailer licensee from accepting a credit or refund for unused, salable beer, in the event an act of God is the sole reason an off-site event is canceled cancelled and if:
(i) the holder of a caterer retailer license has not transferred alcoholic liquor from its caterer retailer SB0618 Enrolled - 57 - LRB104 06890 RPS 16926 b premises to an off-site location;
(i) the holder of a caterer retailer license has not transferred alcoholic liquor from its caterer retailer premises to an off-site location;
A caterer retailer license shall allow the holder to transfer any inventory from any off-site location to its caterer retailer premises at the conclusion of an off-site event or engage a distributor or importing distributor to transfer any inventory from any off-site location to its caterer retailer premises at the conclusion of an off-site event, provided that the distributor or importing distributor issues bona fide charges to the caterer retailer licensee for fuel, labor, and delivery and the distributor or importing distributor collects payment from the caterer retailer licensee prior to the distributor or importing distributor transferring inventory to the caterer retailer premises.
A caterer retailer license shall allow the holder to transfer any inventory from any off-site location to its caterer retailer premises at the conclusion of an off-site event or engage a distributor or importing distributor to transfer any inventory from any off-site location to its caterer retailer premises at the conclusion of an off-site event, provided that the distributor or importing distributor issues bona fide charges to the caterer retailer licensee for fuel, labor, and delivery and the distributor or importing distributor collects payment from the caterer retailer licensee prior to the distributor or importing distributor 10400SB0618sam002 -58- LRB104 06890 RPS 28967 a transferring inventory to the caterer retailer premises.
(p) An auction liquor license shall allow the licensee to sell and offer for sale at auction wine and spirits for use or consumption, or for resale by an Illinois liquor licensee in SB0618 Enrolled - 58 - LRB104 06890 RPS 16926 b 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 consumption, or for resale by an Illinois liquor licensee in accordance with provisions of this Act.
2 or more days to a maximum of 15 days per location in any 12-month period.
2 or more days to a maximum of 15 days per 10400SB0618sam002 -59- LRB104 06890 RPS 28967 a location in any 12-month period.
A special use permit license shall allow the holder to transfer any inventory from the holder's special use premises to its retail premises at the conclusion of the special use SB0618 Enrolled - 59 - LRB104 06890 RPS 16926 b event or engage a distributor or importing distributor to transfer any inventory from the holder's special use premises to its retail premises at the conclusion of an off-site event, provided that the distributor or importing distributor issues bona fide charges to the special use permit licensee for fuel, labor, and delivery and the distributor or importing distributor collects payment from the retail licensee prior to the distributor or importing distributor transferring inventory to the retail premises.
A special use permit license shall allow the holder to transfer any inventory from the holder's special use premises to its retail premises at the conclusion of the special use event or engage a distributor or importing distributor to transfer any inventory from the holder's special use premises to its retail premises at the conclusion of an off-site event, provided that the distributor or importing distributor issues bona fide charges to the special use permit licensee for fuel, labor, and delivery and the distributor or importing distributor collects payment from the retail licensee prior to the distributor or importing distributor transferring inventory to the retail premises.
(ii) the distributor or importing distributor offers the credit or refund for the unused, salable beer that it delivered to the premises specified in the special use permit license and not for any unused, salable beer that the distributor or importing distributor delivered to the retailer's premises;
(ii) the distributor or importing distributor offers 10400SB0618sam002 -60- LRB104 06890 RPS 28967 a the credit or refund for the unused, salable beer that it delivered to the premises specified in the special use permit license and not for any unused, salable beer that the distributor or importing distributor delivered to the retailer's premises;
(r) A winery shipper's license shall allow a person with a first-class or second-class wine manufacturer's license, a SB0618 Enrolled - 60 - LRB104 06890 RPS 16926 b 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 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 of age or older for that resident's personal use and not for resale.
The application form shall include an acknowledgment acknowledgement consenting to the jurisdiction of the State Commission, the Illinois Department of Revenue, and the courts of this State concerning the enforcement of this Act and any related laws, rules, and regulations, including authorizing the Department of Revenue and the State Commission to conduct audits for the purpose of ensuring compliance with Public Act 95-634, and an acknowledgment acknowledgement that the wine manufacturer is in compliance with Section 6-2 of this Act.
The application form shall include an acknowledgment acknowledgement consenting to the jurisdiction of the State Commission, the Illinois 10400SB0618sam002 -61- LRB104 06890 RPS 28967 a Department of Revenue, and the courts of this State concerning the enforcement of this Act and any related laws, rules, and regulations, including authorizing the Department of Revenue and the State Commission to conduct audits for the purpose of ensuring compliance with Public Act 95-634, and an acknowledgment acknowledgement that the wine manufacturer is in compliance with Section 6-2 of this Act.
Any third party, except for a common carrier, authorized to ship wine on behalf SB0618 Enrolled - 61 - LRB104 06890 RPS 16926 b 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 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.
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 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.
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.
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 10400SB0618sam002 -62- LRB104 06890 RPS 28967 a acts and omissions of the third-party provider acting on behalf of the license holder.
Any third-party, except for a common carrier, holding such an appointment shall, by February 1 of each calendar year and upon request by the State Commission or the Department of SB0618 Enrolled - 62 - LRB104 06890 RPS 16926 b Revenue, 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 and upon request by the State Commission or the Department of Revenue, file with the State Commission a statement detailing each shipment made to an Illinois resident.
Any books, records, supporting papers, and documents containing information and data relating to a statement under this paragraph shall be kept and preserved for a period of 3 years, unless their destruction sooner is authorized, in writing, by the Director of Revenue, and shall be open and available to inspection by the Director of Revenue or the State Commission or any duly authorized officer, agent, or employee of the State Commission or the Department of Revenue, at all times during business hours of the day.
Any books, records, supporting papers, and documents containing information and data relating to a statement under this paragraph shall be kept and preserved for a period of 3 years, unless their destruction sooner is authorized, in writing, by the Director of Revenue, and shall be open and available to inspection by the Director of Revenue 10400SB0618sam002 -63- LRB104 06890 RPS 28967 a or the State Commission or any duly authorized officer, agent, or employee of the State Commission or the Department of Revenue, at all times during business hours of the day.
In case of a continuing violation, each day's continuance thereof shall be a separate and distinct SB0618 Enrolled - 63 - LRB104 06890 RPS 16926 b offense.
In case of a continuing violation, each day's continuance thereof shall be a separate and distinct offense.
If a licensee fails to remit the tax imposed under this Act in accordance with the provisions of Article VIII of this Act, the winery shipper's license shall be revoked in accordance with the provisions of Article VII of this Act.
If a 10400SB0618sam002 -64- LRB104 06890 RPS 28967 a licensee fails to remit the tax imposed under this Act in accordance with the provisions of Article VIII of this Act, the winery shipper's license shall be revoked in accordance with the provisions of Article VII of this Act.
If a licensee fails to properly register and remit tax under the Use Tax Act or the Retailers' Occupation Tax Act for all wine that is sold by the winery shipper and shipped to persons in this State, the winery shipper's license shall be revoked in accordance with SB0618 Enrolled - 64 - LRB104 06890 RPS 16926 b the provisions of Article VII of this Act.
If a licensee fails to properly register and remit tax under the Use Tax Act or the Retailers' Occupation Tax Act for all wine that is sold by the winery shipper and shipped to persons in this State, the winery shipper's license shall be revoked in accordance with the provisions of Article VII of this Act.
(s) A craft distiller tasting permit license shall allow an Illinois licensed class 1 craft distiller or class 2 craft distiller to transfer a portion of its alcoholic liquor inventory from its class 1 craft distiller or class 2 craft distiller licensed premises to the premises specified in the license hereby created and to conduct a sampling, only in the premises specified in the license hereby created, of the transferred alcoholic liquor in accordance with subsection (c) of Section 6-31 of this Act.
(s) A craft distiller tasting permit license shall allow an Illinois licensed class 1 craft distiller or class 2 craft 10400SB0618sam002 -65- LRB104 06890 RPS 28967 a distiller to transfer a portion of its alcoholic liquor inventory from its class 1 craft distiller or class 2 craft distiller licensed premises to the premises specified in the license hereby created and to conduct a sampling, only in the premises specified in the license hereby created, of the transferred alcoholic liquor in accordance with subsection (c) of Section 6-31 of this Act.
An applicant for the SB0618 Enrolled - 65 - LRB104 06890 RPS 16926 b craft distiller tasting permit license must also submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance to the maximum limits and have local authority approval.
An applicant for the craft distiller tasting permit license must also submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance to the maximum limits and have local authority approval.
(u) A distilling pub license shall allow the licensee to only (i) manufacture up to 5,000 gallons of spirits per year only on the premises specified in the license, (ii) make sales of the spirits manufactured on the premises or, with the approval of the State Commission, spirits manufactured on another distilling pub licensed premises that is wholly owned and operated by the same licensee to importing distributors and distributors and to non-licensees for use and consumption, (iii) store the spirits upon the premises, (iv) sell and offer SB0618 Enrolled - 66 - LRB104 06890 RPS 16926 b for sale at retail from the licensed premises for off-premises consumption no more than 5,000 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 State Commission, annually transfer no more than 5,000 gallons of spirits manufactured on the premises to a licensed distilling pub wholly owned and operated by the same licensee.
(u) A distilling pub license shall allow the licensee to 10400SB0618sam002 -66- LRB104 06890 RPS 28967 a only (i) manufacture up to 5,000 gallons of spirits per year only on the premises specified in the license, (ii) make sales of the spirits manufactured on the premises or, with the approval of the State Commission, spirits manufactured on another distilling pub licensed premises that is wholly owned and operated by the same licensee to importing distributors and distributors and to non-licensees for use and consumption, (iii) store the spirits upon the premises, (iv) sell and offer for sale at retail from the licensed premises for off-premises consumption no more than 5,000 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 State Commission, annually transfer no more than 5,000 gallons of spirits manufactured on the premises to a licensed distilling pub wholly owned and operated by the same licensee.
(ii) does not hold more than 3 distilling pub licenses in this State;
(ii) does not hold more than 3 10400SB0618sam002 -67- LRB104 06890 RPS 28967 a distilling pub licenses in this State;
(v) A craft distiller warehouse permit may be issued to the holder of a class 1 craft distiller or class 2 craft SB0618 Enrolled - 67 - LRB104 06890 RPS 16926 b distiller license.
(v) A craft distiller warehouse permit may be issued to the holder of a class 1 craft distiller or class 2 craft distiller license.
(w) A beer showcase permit license shall allow an Illinois-licensed distributor to transfer a portion of its beer inventory from its licensed premises to the premises specified in the beer showcase permit license, and, in the case of a class 3 brewer to, transfer only beer the class 3 brewer manufactures from its licensed premises to the premises specified in the beer showcase permit license;
(w) A beer showcase permit license shall allow an Illinois-licensed distributor to transfer a portion of its beer inventory from its licensed premises to the premises specified in the beer showcase permit license, and, in the case of a class 3 brewer, transfer only beer the class 3 brewer manufactures from its licensed premises to the premises specified in the beer showcase permit license;
A beer showcase permit license may be granted for the following time periods:
A beer showcase permit license may 10400SB0618sam002 -68- LRB104 06890 RPS 28967 a be granted for the following time periods:
The State Commission shall require the beer showcase applicant to comply with Section SB0618 Enrolled - 68 - LRB104 06890 RPS 16926 b 6-27.1.
The State Commission shall require the beer showcase applicant to comply with Section 6-27.1.
(x) A spirits showcase permit shall allow a class 3 craft distiller to transfer only spirits the class 3 craft distiller manufactures from its licensed premises to the premises specified in the spirits showcase permit and to sell or offer for sale at retail, only in the premises specified in the spirits showcase permit, the transferred or delivered spirits for on-premises or off-premises consumption, but not for resale in any form, and to sell to non-licensees not more than 156 fluid ounces of spirits per person.
(x) A spirits showcase permit shall allow an Illinois-licensed distributor to transfer a portion of its spirits inventory from its licensed premises to the premises specified in the spirits showcase permit;
in the case of a class 3 craft distiller, to transfer only spirits the class 3 craft distiller manufactures from its licensed premises to the premises specified in the spirits showcase permit;
and to sell or offer for sale at retail, only in the premises specified in the spirits showcase permit, the transferred or delivered spirits for on-premises or off-premises consumption, but not for resale in any form, and to sell to non-licensees not more than 156 fluid ounces of spirits per person.
An applicant for a spirits showcase permit must also submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance to the maximum limits and have local authority approval.
An applicant for a spirits showcase permit must also submit with the application proof satisfactory to the State Commission that the applicant 10400SB0618sam002 -69- LRB104 06890 RPS 28967 a will provide dram shop liability insurance to the maximum limits and have local authority approval.
118) SB0618 Enrolled - 69 - LRB104 06890 RPS 16926 b Sec.
118) Sec.
4,000 5,000 Class 3.
4,000 5,000 10400SB0618sam002 -70- LRB104 06890 RPS 28967 a Class 3.
50 75 SB0618 Enrolled - 70 - LRB104 06890 RPS 16926 b Class 11.
50 75 Class 11.
1,450 2,200 For a distributor's license (over 4,500,000 gallons, but under 11,250,000 gallons)......
1,450 2,200 For a distributor's license 10400SB0618sam002 -71- LRB104 06890 RPS 28967 a (over 4,500,000 gallons, but under 11,250,000 gallons)......
250 350 For a wine-maker's premises SB0618 Enrolled - 71 - LRB104 06890 RPS 16926 b license........................
250 350 For a wine-maker's premises license........................
25 25 For a beer showcase permit, one day only ..................
25 25 10400SB0618sam002 -72- LRB104 06890 RPS 28967 a For a beer showcase permit, one day only ..................
500 1,000 SB0618 Enrolled - 72 - LRB104 06890 RPS 16926 b For an airplane license, times the licensee's maximum number of aircraft in flight, serving liquor over the State at any given time, which either originate, terminate, or make an intermediate stop in the State......................
500 1,000 For an airplane license, times the licensee's maximum number of aircraft in flight, serving liquor over the State at any given time, which either originate, terminate, or make an intermediate stop in the State......................
750 1,000 For an auction liquor license ......
750 1,000 10400SB0618sam002 -73- LRB104 06890 RPS 28967 a For an auction liquor license ......
25 25 SB0618 Enrolled - 73 - LRB104 06890 RPS 16926 b Fees collected under this Section shall be paid into the Dram Shop Fund.
25 25 Fees collected under this Section shall be paid into the Dram Shop Fund.
(b) Universities, colleges of learning, or schools 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 10400SB0618sam002 -74- LRB104 06890 RPS 28967 a medicinal, mechanical, or scientific.
(a) No person licensed by any licensing authority as a SB0618 Enrolled - 74 - LRB104 06890 RPS 16926 b distiller, or a wine manufacturer, or any subsidiary or affiliate thereof, or any officer, associate, member, partner, representative, employee, agent or shareholder owning more than 5% of the outstanding shares of such person shall be issued an importing distributor's or distributor's license, nor shall any person licensed by any licensing authority as an importing distributor, distributor or retailer, or any subsidiary or affiliate thereof, or any officer or associate, member, partner, representative, employee, agent or shareholder owning more than 5% of the outstanding shares of such person be issued a distiller's license, a craft distiller's license, or a wine manufacturer's license;
(a) No person licensed by any licensing authority as a distiller, or a wine manufacturer, or any subsidiary or affiliate thereof, or any officer, associate, member, partner, representative, employee, agent or shareholder owning more than 5% of the outstanding shares of such person shall be issued an importing distributor's or distributor's license, nor shall any person licensed by any licensing authority as an importing distributor, distributor or retailer, or any subsidiary or affiliate thereof, or any officer or associate, member, partner, representative, employee, agent or shareholder owning more than 5% of the outstanding shares of such person be issued a distiller's license, a craft distiller's license, or a wine manufacturer's license;
and no person or persons licensed as a distiller, craft distiller, class 1 craft distiller, or class 2 craft distiller by any licensing authority shall have any interest, directly or indirectly, with such distributor or importing distributor.
and no person or persons licensed as a distiller, craft distiller, class 1 craft distiller, or class 2 craft distiller by any licensing authority shall have any interest, directly or 10400SB0618sam002 -75- LRB104 06890 RPS 28967 a indirectly, with such distributor or importing distributor.
(b) The foregoing provisions shall not apply to any person SB0618 Enrolled - 75 - LRB104 06890 RPS 16926 b licensed by any licensing authority as a distiller or wine manufacturer, or to any subsidiary or affiliate of any distiller or wine manufacturer who shall have been heretofore licensed by the State Commission as either an importing distributor or distributor during the annual licensing period expiring June 30, 1947, and shall actually have made sales regularly to retailers.
(b) The foregoing provisions shall not apply to any person licensed by any licensing authority as a distiller or wine manufacturer, or to any subsidiary or affiliate of any distiller or wine manufacturer who shall have been heretofore licensed by the State Commission as either an importing distributor or distributor during the annual licensing period expiring June 30, 1947, and shall actually have made sales regularly to retailers.
(c) Provided, however, that in such instances where a distributor's or importing distributor's license has been issued to any distiller or wine manufacturer or to any subsidiary or affiliate of any distiller or wine manufacturer who has, during the licensing period ending June 30, 1947, sold or distributed as such licensed distributor or importing distributor alcoholic liquors and wines to retailers, such distiller or wine manufacturer or any subsidiary or affiliate of any distiller or wine manufacturer holding such distributor's or importing distributor's license may continue to sell or distribute to retailers such alcoholic liquors and wines which are manufactured, distilled, processed or marketed by distillers and wine manufacturers whose products it sold or distributed to retailers during the whole or any part of its licensing periods;
(c) Provided, however, that in such instances where a distributor's or importing distributor's license has been issued to any distiller or wine manufacturer or to any subsidiary or affiliate of any distiller or wine manufacturer who has, during the licensing period ending June 30, 1947, sold or distributed as such licensed distributor or importing distributor alcoholic liquors and wines to retailers, such distiller or wine manufacturer or any subsidiary or affiliate 10400SB0618sam002 -76- LRB104 06890 RPS 28967 a of any distiller or wine manufacturer holding such distributor's or importing distributor's license may continue to sell or distribute to retailers such alcoholic liquors and wines which are manufactured, distilled, processed or marketed by distillers and wine manufacturers whose products it sold or distributed to retailers during the whole or any part of its licensing periods;
and such additional brands and additional products may be added to the line of such distributor or importing distributor, provided, that such brands and such products were not sold or distributed by any distributor or importing distributor licensed by the State Commission during SB0618 Enrolled - 76 - LRB104 06890 RPS 16926 b the licensing period ending June 30, 1947, but can not sell or distribute to retailers any other alcoholic liquors or wines.
and such additional brands and additional products may be added to the line of such distributor or importing distributor, provided, that such brands and such products were not sold or distributed by any distributor or importing distributor licensed by the State Commission during the licensing period ending June 30, 1947, but can not sell or distribute to retailers any other alcoholic liquors or wines.
(e) Any person licensed as a brewer, class 1 brewer, or class 2 brewer shall be permitted to sell on the licensed premises to non-licensees for on or off-premises consumption for the premises in which he or she actually conducts such business:
(e) Any person licensed as a brewer, class 1 brewer, or class 2 brewer shall be permitted to sell on the licensed premises to non-licensees for on or off-premises consumption 10400SB0618sam002 -77- LRB104 06890 RPS 28967 a for the premises in which he or she actually conducts such business:
and (iii) cider, wine, and SB0618 Enrolled - 77 - LRB104 06890 RPS 16926 b spirits.
and (iii) cider, wine, and spirits.
Such authorization shall be considered a privilege granted by the brewer license and, other than a manufacturer of beer as stated above, no manufacturer or distributor or importing distributor, excluding airplane licensees exercising powers provided in paragraph (i) of Section 5-1 of this Act, or any subsidiary or affiliate thereof, or any officer, associate, member, partner, representative, employee or agent, or shareholder shall be issued a retailer's license, nor shall any person having a retailer's license, excluding airplane licensees exercising powers provided in paragraph (i) of Section 5-1 of this Act, or any subsidiary or affiliate thereof, or any officer, associate, member, partner, representative or agent, or shareholder be issued a manufacturer's license or importing distributor's license.
Such authorization shall be considered a privilege granted by the brewer license and, other than a manufacturer of beer as stated above, no manufacturer or distributor or importing distributor, excluding airplane licensees exercising powers provided in paragraph (i) of Section 5-1 of this Act, or any subsidiary or affiliate thereof, or any officer, associate, member, partner, representative, employee or agent, or shareholder shall be issued a retailer's license, nor shall any person having a retailer's license, excluding airplane licensees exercising 10400SB0618sam002 -78- LRB104 06890 RPS 28967 a powers provided in paragraph (i) of Section 5-1 of this Act, or any subsidiary or affiliate thereof, or any officer, associate, member, partner, representative or agent, or shareholder be issued a manufacturer's license or importing distributor's license.
The SB0618 Enrolled - 78 - LRB104 06890 RPS 16926 b class 2 brewer shall designate to the State Commission the brewer or brew pub locations from which it will sell beer to non-licensees.
The class 2 brewer shall designate to the State Commission the brewer or brew pub locations from which it will sell beer to non-licensees.
Such sales shall be limited to on-premises, in-person sales only, for lawful consumption on or off premises, and such authorization shall be considered a privilege granted by the class 1 craft distiller or class 2 craft distiller license.
Such sales shall be limited to on-premises, in-person sales only, for lawful consumption on or off 10400SB0618sam002 -79- LRB104 06890 RPS 28967 a premises, and such authorization shall be considered a privilege granted by the class 1 craft distiller or class 2 craft distiller license.
A class 1 craft distiller or class 2 craft distiller shall affirm in its SB0618 Enrolled - 79 - LRB104 06890 RPS 16926 b annual license application that it does not produce more than 50,000 or 100,000 gallons of distilled spirits annually, whichever is applicable, and that the craft distiller does not sell more than 5,000 gallons of spirits to non-licensees for on or off-premises consumption.
A class 1 craft distiller or class 2 craft distiller shall affirm in its annual license application that it does not produce more than 50,000 or 100,000 gallons of distilled spirits annually, whichever is applicable, and that the craft distiller does not sell more than 5,000 gallons of spirits to non-licensees for on or off-premises consumption.
The class 1 craft distiller or class 2 craft distiller shall designate to the State Commission the distillery or distilling pub locations from which it will sell spirits to non-licensees.
The class 1 craft distiller or class 2 craft distiller shall 10400SB0618sam002 -80- LRB104 06890 RPS 28967 a designate to the State Commission the distillery or distilling pub locations from which it will sell spirits to non-licensees.
A class 3 craft distiller license shall allow the licensee to only (i) manufacture up to 100,000 gallons of spirits per year, (ii) make sales of the spirits manufactured on the premises or, with the approval of the State Commission, spirits manufactured on another class 3 craft distiller's licensed premises that are wholly owned and operated by the same licensee to importing distributors and distributors, to retail licensees in accordance with the conditions set forth SB0618 Enrolled - 80 - LRB104 06890 RPS 16926 b in paragraph (21) of subsection (a) of Section 3-12 of this Act, and to non-licensees for use and consumption, (iii) store the spirits upon the premises, (iv) sell and offer for sale at retail from the licensed premises for off-premises consumption no more than 5,000 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 State Commission, annually transfer no more than 2,500 gallons of spirits manufactured on the premises to a second and separate location licensed as a class 3 craft distiller if the second location is wholly owned and operated by the same licensee.
A class 3 craft distiller license shall allow the licensee to only (i) manufacture up to 100,000 gallons of spirits per year, (ii) make sales of the spirits manufactured on the premises or, with the approval of the State Commission, spirits manufactured on another class 3 craft distiller's licensed premises that are wholly owned and operated by the same licensee to importing distributors and distributors, to retail licensees in accordance with the conditions set forth in paragraph (21) of subsection (a) of Section 3-12 of this Act, and to non-licensees for use and consumption, (iii) store the spirits upon the premises, (iv) sell and offer for sale at retail from the licensed premises for off-premises consumption no more than 5,000 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 State Commission, annually transfer no more than 2,500 gallons of spirits manufactured on the premises to a second and separate location licensed as a class 3 craft distiller if the second location is wholly owned and operated by the same licensee.
(f) (Blank).
10400SB0618sam002 -81- LRB104 06890 RPS 28967 a (f) (Blank).
(h) The changes made to this Section by Public Act 99-47 shall not diminish or impair the rights of any person, whether a distiller, wine manufacturer, agent, or affiliate thereof, SB0618 Enrolled - 81 - LRB104 06890 RPS 16926 b who requested in writing and submitted documentation to the State Commission on or before February 18, 2015 to be approved for a retail license pursuant to what has heretofore been subsection (f);
(h) The changes made to this Section by Public Act 99-47 shall not diminish or impair the rights of any person, whether a distiller, wine manufacturer, agent, or affiliate thereof, who requested in writing and submitted documentation to the State Commission on or before February 18, 2015 to be approved for a retail license pursuant to what has heretofore been subsection (f);
It is further provided that the State Commission may approve the person's application for a retail license or renewals of such license if such person continues to diligently adhere to all representations made in writing to the State Commission on or before February 18, 2015, or thereafter, or in the affidavit filed by that person with the State Commission to support the issuance of a retail license and to abide by all applicable laws and duly adopted rules.
It is further 10400SB0618sam002 -82- LRB104 06890 RPS 28967 a provided that the State Commission may approve the person's application for a retail license or renewals of such license if such person continues to diligently adhere to all representations made in writing to the State Commission on or before February 18, 2015, or thereafter, or in the affidavit filed by that person with the State Commission to support the issuance of a retail license and to abide by all applicable laws and duly adopted rules.
(i) Notwithstanding any other provision of this Act, the common ownership of a brewery, winery, or a distillery shall not authorize the grant of and aggregation of retail SB0618 Enrolled - 82 - LRB104 06890 RPS 16926 b privileges granted to any person or licensees in subsection (e).
(i) Notwithstanding any other provision of this Act, the common ownership of a brewery, winery, or a distillery shall not authorize the grant of and aggregation of retail privileges granted to any person or licensees in subsection (e).
8-20-21.) (235 ILCS 5/6-40 new) Sec.
8-20-21.) (235 ILCS 5/6-40 new) 10400SB0618sam002 -83- LRB104 06890 RPS 28967 a Sec.
"Loyalty program" means a structured program used by a brew pub licensee, class 1 brewer licensee, class 2 brewer licensee, class 3 brewer licensee, or manufacturer licensee with retail privileges licensed under this Act to encourage participants to continue to shop at the brew pub licensee's, class 1 brewer licensee's, class 2 brewer licensee's, class 3 brewer licensee's, or manufacturer licensee with retail privileges' business by allowing participants access to special pricing on products by virtue of being a member of a SB0618 Enrolled - 83 - LRB104 06890 RPS 16926 b bona fide loyalty program.
"Loyalty program" means a structured program used by a brew pub licensee, class 1 brewer licensee, class 2 brewer licensee, class 3 brewer licensee, or manufacturer licensee with retail privileges licensed under this Act to encourage participants to continue to shop at the brew pub licensee's, class 1 brewer licensee's, class 2 brewer licensee's, class 3 brewer licensee's, or manufacturer licensee with retail privileges' business by allowing participants access to special pricing on products by virtue of being a member of a bona fide loyalty program.
"Rewards program" means a structured program used by a brew pub licensee, class 1 brewer licensee, class 2 brewer licensee, class 3 brewer licensee, or manufacturer licensee with retail privileges licensed under this Act to encourage participants to continue to shop at the brew pub licensee, class 1 brewer licensee, class 2 brewer licensee, class 3 brewer licensee, or manufacturer licensee with retail privileges licensed business by allowing participants to accrue program benefits, in the form of points or other accrual-based methods of reward, through the purchase of products, to be redeemed in the form of a discount upon a subsequent transaction on alcoholic or non-alcoholic products.
"Rewards program" means a structured program used by a brew pub licensee, class 1 brewer licensee, class 2 brewer 10400SB0618sam002 -84- LRB104 06890 RPS 28967 a licensee, class 3 brewer licensee, or manufacturer licensee with retail privileges licensed under this Act to encourage participants to continue to shop at the brew pub licensee, class 1 brewer licensee, class 2 brewer licensee, class 3 brewer licensee, or manufacturer licensee with retail privileges licensed business by allowing participants to accrue program benefits, in the form of points or other accrual-based methods of reward, through the purchase of products, to be redeemed in the form of a discount upon a subsequent transaction on alcoholic or non-alcoholic products.
(b) A brew pub licensee, class 1 brewer licensee, class 2 SB0618 Enrolled - 84 - LRB104 06890 RPS 16926 b brewer licensee, class 3 brewer licensee, or manufacturer licensee with retail privileges may do any of the following:
(b) A brew pub licensee, class 1 brewer licensee, class 2 brewer licensee, class 3 brewer licensee, or manufacturer licensee with retail privileges may do any of the following:
(5) offer specialty glassware or other non-alcoholic products for sale to members or participants in a rewards program, loyalty program, or mug club and offer a price discount to the owner of that glassware on additional purchases using the glassware;
(5) offer specialty glassware or other non-alcoholic 10400SB0618sam002 -85- LRB104 06890 RPS 28967 a products for sale to members or participants in a rewards program, loyalty program, or mug club and offer a price discount to the owner of that glassware on additional purchases using the glassware;
(c) Membership in a mug club shall be by written application, and the licensee that organized the mug club must SB0618 Enrolled - 85 - LRB104 06890 RPS 16926 b maintain a written list of active members as part of its records.
(c) Membership in a mug club shall be by written application, and the licensee that organized the mug club must maintain a written list of active members as part of its records.
It is the duty of each manufacturer with respect to alcoholic liquor produced or imported by such manufacturer, or purchased tax-free by such manufacturer from another manufacturer or importing distributor, and of each importing distributor as to alcoholic liquor purchased by such importing distributor from foreign importers or from anyone from any point in the United States outside of this State or purchased tax-free from another manufacturer or importing distributor, to pay the tax imposed by Section 8-1 to the Department of Revenue on or before the 15th day of the calendar month following the calendar month in which such alcoholic liquor is sold or used by such manufacturer or by such importing distributor other than in an SB0618 Enrolled - 86 - LRB104 06890 RPS 16926 b authorized tax-free manner or to pay that tax electronically as provided in this Section.
It is the duty of each manufacturer with respect to alcoholic liquor produced or 10400SB0618sam002 -86- LRB104 06890 RPS 28967 a imported by such manufacturer, or purchased tax-free by such manufacturer from another manufacturer or importing distributor, and of each importing distributor as to alcoholic liquor purchased by such importing distributor from foreign importers or from anyone from any point in the United States outside of this State or purchased tax-free from another manufacturer or importing distributor, to pay the tax imposed by Section 8-1 to the Department of Revenue on or before the 15th day of the calendar month following the calendar month in which such alcoholic liquor is sold or used by such manufacturer or by such importing distributor other than in an authorized tax-free manner or to pay that tax electronically as provided in this Section.
Payment of the tax in the amount disclosed by the report shall accompany the report or, (2) on or before the 15th day of each calendar month, electronically file with the Department of Revenue, on forms prescribed and furnished by the Department, an electronic report in such form as may be required by the Department in order to compute, and assure the accuracy of, the tax due on all taxable sales and uses of alcoholic liquor occurring during the preceding month.
Payment of the tax in the amount disclosed by the report shall accompany the report or, (2) on or before the 15th day of each calendar month, electronically file with the Department of Revenue, on forms prescribed and furnished by the Department, 10400SB0618sam002 -87- LRB104 06890 RPS 28967 a an electronic report in such form as may be required by the Department in order to compute, and assure the accuracy of, the tax due on all taxable sales and uses of alcoholic liquor occurring during the preceding month.
A manufacturer or distributor who files an electronic report and electronically pays the tax imposed pursuant to Section 8-1 to the Department of Revenue on or before the 15th day of the calendar month following the calendar month in which such alcoholic liquor is sold or used by that manufacturer or importing distributor other than in an SB0618 Enrolled - 87 - LRB104 06890 RPS 16926 b authorized tax-free manner shall pay to the Department the amount of the tax imposed pursuant to Section 8-1, less a discount which is allowed to reimburse the manufacturer or importing distributor for the expenses incurred in keeping and maintaining records, preparing and filing the electronic returns, remitting the tax, and supplying data to the Department upon request.
A manufacturer or distributor who files an electronic report and electronically pays the tax imposed pursuant to Section 8-1 to the Department of Revenue on or before the 15th day of the calendar month following the calendar month in which such alcoholic liquor is sold or used by that manufacturer or importing distributor other than in an authorized tax-free manner shall pay to the Department the amount of the tax imposed pursuant to Section 8-1, less a discount which is allowed to reimburse the manufacturer or importing distributor for the expenses incurred in keeping and maintaining records, preparing and filing the electronic returns, remitting the tax, and supplying data to the Department upon request.
and (3) For original returns due on or after October 1, 2004, the discount shall be 2% or $2,000 per return, whichever is less.
and (3) For original returns due on or after October 1, 10400SB0618sam002 -88- LRB104 06890 RPS 28967 a 2004, the discount shall be 2% or $2,000 per return, whichever is less.
It shall be presumed that all alcoholic liquors acquired or made by any importing distributor or manufacturer have been sold or used by him in this State and are the basis for the tax imposed by this Article unless proven, to the satisfaction of SB0618 Enrolled - 88 - LRB104 06890 RPS 16926 b the Department, that such alcoholic liquors are (1) still in the possession of such importing distributor or manufacturer, or (2) prior to the termination of possession have been lost by theft or through unintentional destruction, or (3) that such alcoholic liquors are otherwise exempt from taxation under this Act.
It shall be presumed that all alcoholic liquors acquired or made by any importing distributor or manufacturer have been sold or used by him in this State and are the basis for the tax imposed by this Article unless proven, to the satisfaction of the Department, that such alcoholic liquors are (1) still in the possession of such importing distributor or manufacturer, or (2) prior to the termination of possession have been lost by theft or through unintentional destruction, or (3) that such alcoholic liquors are otherwise exempt from taxation under this Act.
If the Department subsequently determines that all or any part of the credit taken was not actually due to the manufacturer or importing distributor, the manufacturer's or importing distributor's discount shall be reduced by an amount equal to the difference between the discount as applied to the credit taken and that actually due, and the manufacturer or importing distributor shall be liable for penalties and interest on such difference.
If the Department subsequently determines that all or any part of the credit taken was not actually due to the manufacturer or importing distributor, the manufacturer's or 10400SB0618sam002 -89- LRB104 06890 RPS 28967 a importing distributor's discount shall be reduced by an amount equal to the difference between the discount as applied to the credit taken and that actually due, and the manufacturer or importing distributor shall be liable for penalties and interest on such difference.
Such return shall contain such information as the SB0618 Enrolled - 89 - LRB104 06890 RPS 16926 b Department may reasonably require.
Such return shall contain such information as the Department may reasonably require.
Such bond shall be conditioned upon the manufacturer or importing distributor paying to the Department all monies becoming due from such manufacturer or importing distributor under this Article.
Such bond shall be conditioned upon the manufacturer or importing distributor paying to the Department all monies becoming due from such 10400SB0618sam002 -90- LRB104 06890 RPS 28967 a manufacturer or importing distributor under this Article.
The Department shall notify the State Commission of SB0618 Enrolled - 90 - LRB104 06890 RPS 16926 b the Department's approval or disapproval of any such manufacturer's or importing distributor's bond, or of the termination or cancellation of any such bond, or of the Department's direction to a manufacturer or importing distributor that he must file additional bond in order to comply with this Section.
The Department shall notify the State Commission of the Department's approval or disapproval of any such manufacturer's or importing distributor's bond, or of the termination or cancellation of any such bond, or of the Department's direction to a manufacturer or importing distributor that he must file additional bond in order to comply with this Section.
Failure by any licensed manufacturer or importing distributor to keep a satisfactory bond in effect with the Department or to furnish additional bond to the Department, when required hereunder by the Department to do so, shall be grounds for the revocation or suspension of such manufacturer's or importing distributor's license by the Commission.
Failure by any licensed manufacturer or importing distributor to keep a satisfactory bond in effect with the Department or to furnish additional bond to the Department, when required hereunder by 10400SB0618sam002 -91- LRB104 06890 RPS 28967 a the Department to do so, shall be grounds for the revocation or suspension of such manufacturer's or importing distributor's license by the Commission.
Notice of such hearing and the SB0618 Enrolled - 91 - LRB104 06890 RPS 16926 b time and place thereof shall be in writing and shall contain a statement of the charges against the licensee.
Notice of such hearing and the time and place thereof shall be in writing and shall contain a statement of the charges against the licensee.
Every manufacturer or importing distributor who has, as verified by the Department, continuously complied with the conditions of the bond under this Act for a period of 2 years shall be considered to be a prior continuous compliance taxpayer.
Every manufacturer or importing distributor who has, as verified by the Department, continuously complied with the 10400SB0618sam002 -92- LRB104 06890 RPS 28967 a conditions of the bond under this Act for a period of 2 years shall be considered to be a prior continuous compliance taxpayer.
A manufacturer or importing distributor that is a prior continuous compliance taxpayer under this Section and becomes a successor as the result of an acquisition, merger, or SB0618 Enrolled - 92 - LRB104 06890 RPS 16926 b consolidation of a manufacturer or importing distributor shall be deemed to be a prior continuous compliance taxpayer with respect to the acquired, merged, or consolidated entity.
A manufacturer or importing distributor that is a prior continuous compliance taxpayer under this Section and becomes a successor as the result of an acquisition, merger, or consolidation of a manufacturer or importing distributor shall be deemed to be a prior continuous compliance taxpayer with respect to the acquired, merged, or consolidated entity.
(1) such taxpayer becomes a prior continuous compliance taxpayer;
(1) such taxpayer becomes a 10400SB0618sam002 -93- LRB104 06890 RPS 28967 a prior continuous compliance taxpayer;
The Liquor Control Act of 1934 is amended by changing Sections 5-1, and 6-28.8 as follows:
The Liquor Control Act of 1934 is amended by changing Sections 5-1, 6-16, and 6-28.8 as follows:
SB0618 Enrolled - 93 - LRB104 06890 RPS 16926 b (235 ILCS 5/5-1) (from Ch.
(235 ILCS 5/5-1) (from Ch.
Class 3 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, (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, SB0618 Enrolled - 94 - LRB104 06890 RPS 16926 b (q) Special use permit license, (r) Winery shipper's license, (s) Craft distiller tasting permit, (t) Brewer warehouse permit, (u) Distilling pub license, (v) Craft distiller warehouse permit, (w) Beer showcase permit.
Class 3 Brewer, (b) Distributor's license, (c) Importing Distributor's license, (d) Retailer's license, (e) Special Event Retailer's license (not-for-profit), 10400SB0618sam002 -94- LRB104 06890 RPS 28967 a (f) Railroad license, (g) Boat license, (h) Non-Beverage User's license, (i) Wine-maker's premises license, (j) Airplane license, (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, (s) Craft distiller tasting permit, (t) Brewer warehouse permit, (u) Distilling pub license, (v) Craft distiller warehouse permit, (w) Beer showcase permit.
Class 1.
10400SB0618sam002 -95- LRB104 06890 RPS 28967 a Class 1.
A Brewer may make sales and deliveries of beer to importing distributors and distributors and may make sales as authorized under subsection (e) of Section 6-4 of this Act, SB0618 Enrolled - 95 - LRB104 06890 RPS 16926 b including any alcoholic liquor that subsection (e) of Section 6-4 authorizes a brewer to sell in its original package only to a non-licensee for pick-up by a non-licensee either within the interior of the brewery premises or at outside of the brewery premises at a curb-side or parking lot adjacent to the brewery premises, subject to any local ordinance.
A Brewer may make sales and deliveries of beer to importing distributors and distributors and may make sales as authorized under subsection (e) of Section 6-4 of this Act, including any alcoholic liquor that subsection (e) of Section 6-4 authorizes a brewer to sell in its original package only to a non-licensee for pick-up by a non-licensee either within the interior of the brewery premises or at outside of the brewery premises at a curb-side or parking lot adjacent to the brewery premises, subject to any local ordinance.
If a first-class wine-manufacturer manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year.
If a first-class wine-manufacturer manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that 10400SB0618sam002 -96- LRB104 06890 RPS 28967 a produces more than 930,000 gallons of beer per year.
A second class wine Wine manufacturer may make SB0618 Enrolled - 96 - LRB104 06890 RPS 16926 b sales and deliveries of more than 50,000 gallons of wine to manufacturers, importing distributors and distributors and to no other licensees.
A second class wine Wine manufacturer may make sales and deliveries of more than 50,000 gallons of wine to manufacturers, importing distributors and distributors and to no other licensees.
If a first-class wine-maker manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year.
If a first-class wine-maker manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, 10400SB0618sam002 -97- LRB104 06890 RPS 28967 a shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year.
A first-class wine-maker holding a class 1 brewer license or a SB0618 Enrolled - 97 - LRB104 06890 RPS 16926 b class 1 craft distiller license shall not be eligible for a wine-maker's premises license but shall be permitted to sell wine manufactured at the first-class wine-maker premises to non-licensees.
A first-class wine-maker holding a class 1 brewer license or a class 1 craft distiller license shall not be eligible for a wine-maker's premises license but shall be permitted to sell wine manufactured at the first-class wine-maker premises to non-licensees.
If a second-class wine-maker manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 brewer license, shall not manufacture more than 3,720,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year.
If a second-class wine-maker manufactures beer, it shall also obtain and shall 10400SB0618sam002 -98- LRB104 06890 RPS 28967 a only be eligible for, in addition to any current license, a class 2 brewer license, shall not manufacture more than 3,720,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year.
If a second-class wine-maker manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 craft distiller license, shall not manufacture more than 100,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 SB0618 Enrolled - 98 - LRB104 06890 RPS 16926 b gallons of spirits per year.
If a second-class wine-maker manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 craft distiller license, shall not manufacture more than 100,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year.
A class 1 craft distiller license, which may only be issued to a licensed craft distiller or licensed non-resident dealer, shall allow the manufacture of up to 50,000 gallons of spirits per year provided that the class 1 craft distiller licensee does not manufacture more than a combined 50,000 gallons of spirits per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year.
A class 1 craft distiller license, which may 10400SB0618sam002 -99- LRB104 06890 RPS 28967 a only be issued to a licensed craft distiller or licensed non-resident dealer, shall allow the manufacture of up to 50,000 gallons of spirits per year provided that the class 1 craft distiller licensee does not manufacture more than a combined 50,000 gallons of spirits per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year.
If a class 1 craft distiller manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and SB0618 Enrolled - 99 - LRB104 06890 RPS 16926 b shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year.
If a class 1 craft distiller manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year.
However, the aggregate amount of spirits sold to non-licensees and sold or delivered to retail licensees may not exceed 5,000 gallons per year.
However, the aggregate amount of spirits sold to non-licensees 10400SB0618sam002 -100- LRB104 06890 RPS 28967 a and sold or delivered to retail licensees may not exceed 5,000 gallons per year.
A class 1 craft distiller licensee may hold more than one SB0618 Enrolled - 100 - LRB104 06890 RPS 16926 b class 1 craft distiller's license.
A class 1 craft distiller licensee may hold more than one class 1 craft distiller's license.
A class 2 craft distiller license, which may only be issued to a licensed craft distiller or licensed non-resident dealer, shall allow the manufacture of up to 100,000 gallons of spirits per year provided that the class 2 craft distiller licensee does not manufacture more than a combined 100,000 gallons of spirits per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year.
A class 2 craft distiller license, which may only be issued to a licensed craft distiller or licensed non-resident dealer, shall allow the manufacture of up to 100,000 gallons of spirits per year provided that the class 2 craft distiller licensee does not manufacture more than a combined 100,000 gallons of spirits per year and is not a member of or affiliated with, directly or indirectly, a 10400SB0618sam002 -101- LRB104 06890 RPS 28967 a manufacturer that produces more than 100,000 gallons of spirits per year.
If a class 2 craft distiller manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a second-class wine-maker's license, shall not manufacture more SB0618 Enrolled - 101 - LRB104 06890 RPS 16926 b than 150,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 150,000 gallons of wine per year.
If a class 2 craft distiller manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a second-class wine-maker's license, shall not manufacture more than 150,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 150,000 gallons of wine per year.
(ii) the annual amount transferred shall reduce the distilling pub's annual permitted production limit;
(ii) the 10400SB0618sam002 -102- LRB104 06890 RPS 28967 a annual amount transferred shall reduce the distilling pub's annual permitted production limit;
A class 2 craft distiller shall, prior to transferring spirits to a distilling pub wholly owned by the class 2 craft distiller, furnish a written notice to the State Commission of SB0618 Enrolled - 102 - LRB104 06890 RPS 16926 b intent to transfer spirits setting forth the name and address of the distilling pub and shall annually submit to the State Commission a verified report identifying the total gallons of spirits transferred to the distilling pub wholly owned by the class 2 craft distiller.
A class 2 craft distiller shall, prior to transferring spirits to a distilling pub wholly owned by the class 2 craft distiller, furnish a written notice to the State Commission of intent to transfer spirits setting forth the name and address of the distilling pub and shall annually submit to the State Commission a verified report identifying the total gallons of spirits transferred to the distilling pub wholly owned by the class 2 craft distiller.
A class 1 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 930,000 gallons of beer per year provided that the class 1 brewer licensee does not manufacture more than a combined 930,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year.
A class 1 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 930,000 gallons of beer per year provided that the class 1 brewer licensee does not manufacture more than a combined 930,000 gallons of beer per 10400SB0618sam002 -103- LRB104 06890 RPS 28967 a year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year.
If a class 1 craft brewer manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a SB0618 Enrolled - 103 - LRB104 06890 RPS 16926 b first-class wine-manufacturer license or a first-class wine-maker's license, shall not manufacture more than 50,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of wine per year.
If a class 1 craft brewer manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a first-class wine-manufacturer license or a first-class wine-maker's license, shall not manufacture more than 50,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of wine per year.
A class 2 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 3,720,000 gallons of beer per year provided that the class 2 brewer licensee does not manufacture more than a combined 3,720,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year.
A class 2 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, 10400SB0618sam002 -104- LRB104 06890 RPS 28967 a shall allow the manufacture of up to 3,720,000 gallons of beer per year provided that the class 2 brewer licensee does not manufacture more than a combined 3,720,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year.
If a class 2 brewer manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 craft distiller license, shall not manufacture more than 100,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces SB0618 Enrolled - 104 - LRB104 06890 RPS 16926 b more than 100,000 gallons of spirits per year.
If a class 2 brewer manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 craft distiller license, shall not manufacture more than 100,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year.
A class 2 brewer may transfer beer to a brew pub wholly owned and operated by the class 2 brewer subject to the following limitations and restrictions:
10400SB0618sam002 -105- LRB104 06890 RPS 28967 a A class 2 brewer may transfer beer to a brew pub wholly owned and operated by the class 2 brewer subject to the following limitations and restrictions:
SB0618 Enrolled - 105 - LRB104 06890 RPS 16926 b A class 2 brewer shall, prior to transferring beer to a brew pub wholly owned by the class 2 brewer, furnish a written notice to the State Commission of intent to transfer beer setting forth the name and address of the brew pub and shall annually submit to the State Commission a verified report identifying the total gallons of beer transferred to the brew pub wholly owned by the class 2 brewer.
A class 2 brewer shall, prior to transferring beer to a brew pub wholly owned by the class 2 brewer, furnish a written notice to the State Commission of intent to transfer beer setting forth the name and address of the brew pub and shall annually submit to the State Commission a verified report identifying the total gallons of beer transferred to the brew pub wholly owned by the class 2 brewer.
A class 3 brewer license, which may be issued to a brewer or a non-resident dealer, shall allow the manufacture of no more than 465,000 gallons of beer per year and no more than 155,000 gallons at a single brewery premises, and shall allow the sale of no more than 6,200 gallons of beer from each in-state or out-of-state class 3 brewery premises, or 18,600 gallons in the aggregate, to retail licensees, class 1 brewers, class 2 brewers, and class 3 brewers as long as the class 3 brewer licensee does not manufacture more than a combined 465,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 465,000 gallons of beer per year to make sales to importing distributors, distributors, retail licensees, brewers, class 1 brewers, class 2 brewers, and class 3 brewers in accordance with the conditions set forth in paragraph (20) of subsection (a) of Section 3-12.
A class 3 brewer license, which may be issued to a brewer or a non-resident dealer, shall allow the manufacture of no more than 465,000 gallons of beer per year and no more than 155,000 gallons at a single brewery premises, and shall allow the sale of no more than 6,200 gallons of beer from each in-state or out-of-state class 3 brewery premises, or 18,600 gallons in the aggregate, to retail licensees, class 1 brewers, class 2 brewers, and class 3 brewers as long as the 10400SB0618sam002 -106- LRB104 06890 RPS 28967 a class 3 brewer licensee does not manufacture more than a combined 465,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 465,000 gallons of beer per year to make sales to importing distributors, distributors, retail licensees, brewers, class 1 brewers, class 2 brewers, and class 3 brewers in accordance with the conditions set forth in paragraph (20) of subsection (a) of Section 3-12.
If the State Commission provides prior approval, a class 3 brewer may annually transfer up to 155,000 gallons of beer manufactured by that class 3 brewer to the premises of a licensed class 3 SB0618 Enrolled - 106 - LRB104 06890 RPS 16926 b brewer wholly owned and operated by the same licensee.
If the State Commission provides prior approval, a class 3 brewer may annually transfer up to 155,000 gallons of beer manufactured by that class 3 brewer to the premises of a licensed class 3 brewer wholly owned and operated by the same licensee.
The form shall be developed by the State Commission and shall include the name and address of the applicant, the name and address of the manufacturer he or she represents, the territory or areas assigned to sell to or discuss pricing terms of alcoholic liquor, and any other questions deemed appropriate and necessary.
The form shall be developed by the 10400SB0618sam002 -107- LRB104 06890 RPS 28967 a State Commission and shall include the name and address of the applicant, the name and address of the manufacturer he or she represents, the territory or areas assigned to sell to or discuss pricing terms of alcoholic liquor, and any other questions deemed appropriate and necessary.
Fraud, misrepresentation, false statements, misleading statements, evasions, or suppression of material facts in the securing of a registration are grounds for SB0618 Enrolled - 107 - LRB104 06890 RPS 16926 b suspension or revocation of the registration.
Fraud, misrepresentation, false statements, misleading statements, evasions, or suppression of material facts in the securing of a registration are grounds for suspension or revocation of the registration.
(iii) the sale of vermouth to class 1 craft distillers and class 2 craft distillers that, pursuant to subsection (e) of Section 6-4 of this Act, sell spirits, vermouth, or both spirits and vermouth to non-licensees at their distilleries;
(iii) the sale of vermouth to class 1 craft distillers and class 2 craft distillers that, pursuant to subsection (e) of Section 6-4 of this Act, sell spirits, vermouth, or both spirits and vermouth to non-licensees at 10400SB0618sam002 -108- LRB104 06890 RPS 28967 a their distilleries;
(c) An importing distributor's license may be issued to and held by those only who are duly licensed distributors, upon the filing of an application by a duly licensed distributor, with the State Commission and the State Commission shall, without the payment of any fee, immediately issue such importing distributor's license to the applicant, which shall allow the importation of alcoholic liquor by the licensee into this State from any point in the United States SB0618 Enrolled - 108 - LRB104 06890 RPS 16926 b outside this State, and the purchase of alcoholic liquor in barrels, casks, or other bulk containers and the bottling of such alcoholic liquors before resale thereof, but all bottles or containers so filled shall be sealed, labeled, stamped, and otherwise made to comply with all provisions, rules, and regulations governing manufacturers in the preparation and bottling of alcoholic liquors.
(c) An importing distributor's license may be issued to and held by those only who are duly licensed distributors, upon the filing of an application by a duly licensed distributor, with the State Commission and the State Commission shall, without the payment of any fee, immediately issue such importing distributor's license to the applicant, which shall allow the importation of alcoholic liquor by the licensee into this State from any point in the United States outside this State, and the purchase of alcoholic liquor in barrels, casks, or other bulk containers and the bottling of such alcoholic liquors before resale thereof, but all bottles or containers so filled shall be sealed, labeled, stamped, and otherwise made to comply with all provisions, rules, and regulations governing manufacturers in the preparation and bottling of alcoholic liquors.
(d) A retailer's license shall allow the licensee to sell and offer for sale at retail, only in or from the premises specified in the license, alcoholic liquor for use or consumption, but not for resale in any form except as otherwise provided in this Act.
(d) A retailer's license shall allow the licensee to sell and offer for sale at retail, only in or from the premises specified in the license, alcoholic liquor for use or consumption, but not for resale in any form except as 10400SB0618sam002 -109- LRB104 06890 RPS 28967 a otherwise provided in this Act.
Except as provided in Section 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to deliver alcoholic liquor to the purchaser for use SB0618 Enrolled - 109 - LRB104 06890 RPS 16926 b or consumption.
Except as provided in Section 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to deliver alcoholic liquor to the purchaser for use or consumption.
A retail licensee may use any website, mobile application, or similar platform that facilitates the sale or delivery of food, beverages, or goods and is owned or operated by the retail licensee, third-party contractor, an independent contractor, or an agent with whom the licensed retailer has contracted to facilitate deliveries or sales of alcoholic liquors under this Section.
10400SB0618sam002 -110- LRB104 06890 RPS 28967 a A retail licensee may use any website, mobile application, or similar platform that facilitates the sale or delivery of food, beverages, or goods and is owned or operated by the retail licensee, third-party contractor, an independent contractor, or an agent with whom the licensed retailer has contracted to facilitate deliveries or sales of alcoholic liquors under this Section.
SB0618 Enrolled - 110 - LRB104 06890 RPS 16926 b Any retail license issued to a manufacturer shall only permit the manufacturer to sell beer at retail on the premises actually occupied by the manufacturer.
Any retail license issued to a manufacturer shall only permit the manufacturer to sell beer at retail on the premises actually occupied by the manufacturer.
This paragraph is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
This paragraph is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent 10400SB0618sam002 -111- LRB104 06890 RPS 28967 a exercise by home rule units of powers and functions exercised by the State.
The requirements in subsection (b-5) of Section 6-29 apply only to a winery shipper licensee that ships wine via common SB0618 Enrolled - 111 - LRB104 06890 RPS 16926 b carrier and do not apply to a winery shipper licensee or a retail licensee that delivers, or causes to be delivered, alcohol pursuant to the methods outlined in item (1), (2), or (3) of this subsection.
The requirements in subsection (b-5) of Section 6-29 apply only to a winery shipper licensee that ships wine via common carrier and do not apply to a winery shipper licensee or a retail licensee that delivers, or causes to be delivered, alcohol pursuant to the methods outlined in item (1), (2), or (3) of this subsection.
Except as provided in this Section, for a manufacturer with a retail license, nothing in this Section shall be construed to prohibit an on-premises consumption retailer, off-premises sale retailer, or combined on-premises consumption and off-premises sale retailer from delivering alcohol pursuant to this Section.
Except as provided in this Section, for a manufacturer with a retail licensee, nothing in this Section shall be construed to prohibit an on-premises consumption retailer, off-premises sale retailer, or combined on-premises consumption and off-premises sale retailer from delivering alcohol pursuant to this Section.
A retail licensee shall contract only with a third-party contractor, independent contractor, or agent to facilitate or make deliveries of alcoholic liquors that has a policy to verify the age of the person to whom the alcoholic liquor is being delivered based on the person's valid proof of identity indicating the person is age 21 or over.
A retail licensee shall contract only with a third-party contractor, independent contractor, or agent to facilitate or make deliveries of alcoholic liquors that has a policy to verify the age of the person to whom the alcoholic liquor is being delivered based on the person's valid proof of identity 10400SB0618sam002 -112- LRB104 06890 RPS 28967 a indicating the person is age 21 or over.
(e) A special event retailer's license (not-for-profit) shall permit the licensee to purchase alcoholic liquors from an Illinois licensed distributor (unless the licensee purchases less than $500 of alcoholic liquors for the special SB0618 Enrolled - 112 - LRB104 06890 RPS 16926 b event, in which case the licensee may purchase the alcoholic liquors from a licensed retailer) and shall allow the licensee to sell and offer for sale, at retail, alcoholic liquors for use or consumption, but not for resale in any form and only at the location and on the specific dates designated for the special event in the license.
(e) A special event retailer's license (not-for-profit) shall permit the licensee to purchase alcoholic liquors from an Illinois licensed distributor (unless the licensee purchases less than $500 of alcoholic liquors for the special event, in which case the licensee may purchase the alcoholic liquors from a licensed retailer) and shall allow the licensee to sell and offer for sale, at retail, alcoholic liquors for use or consumption, but not for resale in any form and only at the location and on the specific dates designated for the special event in the license.
(A) a resale number issued under Section 2c of the Retailers' Occupation Tax Act or evidence that the applicant is registered under Section 2a of the Retailers' Occupation Tax Act, (B) a current, valid exemption identification number issued under Section 1g of the Retailers' Occupation Tax Act, and a certification to the State Commission that the purchase of alcoholic liquors will be a tax-exempt purchase, or (C) a statement that the applicant is not registered under Section 2a of the Retailers' Occupation Tax Act, does not hold a resale number under Section 2c of the Retailers' Occupation Tax Act, and does not hold an exemption number under Section 1g of the Retailers' Occupation Tax Act, in which event the State Commission shall set forth on the special event retailer's license a statement to that effect;
(A) a resale number issued under Section 2c of the Retailers' Occupation Tax Act or evidence that the applicant is registered under Section 2a of the Retailers' Occupation Tax Act, (B) a current, valid exemption identification number issued under Section 1g of the Retailers' Occupation Tax Act, and a certification to the State Commission that the purchase of alcoholic liquors will be a tax-exempt purchase, or (C) a statement that the applicant is not registered under Section 10400SB0618sam002 -113- LRB104 06890 RPS 28967 a 2a of the Retailers' Occupation Tax Act, does not hold a resale number under Section 2c of the Retailers' Occupation Tax Act, and does not hold an exemption number under Section 1g of the Retailers' Occupation Tax Act, in which event the State Commission shall set forth on the special event retailer's license a statement to that effect;
SB0618 Enrolled - 113 - LRB104 06890 RPS 16926 b Nothing in this Act prohibits an Illinois licensed distributor from offering credit or a refund for unused, salable alcoholic liquors to a holder of a special event retailer's license or the special event retailer's licensee from accepting the credit or refund of alcoholic liquors at the conclusion of the event specified in the license.
Nothing in this Act prohibits an Illinois licensed distributor from offering credit or a refund for unused, salable alcoholic liquors to a holder of a special event retailer's license or the special event retailer's licensee from accepting the credit or refund of alcoholic liquors at the conclusion of the event specified in the license.
provided 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 that the above powers may be exercised only in connection with the importation, purchase or storage of 10400SB0618sam002 -114- LRB104 06890 RPS 28967 a 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;
A license SB0618 Enrolled - 114 - LRB104 06890 RPS 16926 b shall be obtained for each car in which such sales are made.
A license shall be obtained for each car in which such sales are made.
(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 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 subsection (a) of Section 8-1 of this Act, and such licenses shall be divided and classified and shall permit the purchase, 10400SB0618sam002 -115- LRB104 06890 RPS 28967 a possession, and use of limited and stated quantities of alcoholic liquor as follows:
50,000 gallons (i) A wine-maker's premises license shall allow a licensee that concurrently holds a first-class wine-maker's license to sell and offer for sale at retail in the premises specified in such license not more than 50,000 gallons of the first-class SB0618 Enrolled - 115 - LRB104 06890 RPS 16926 b wine-maker's wine that is made at the first-class wine-maker's licensed premises per year for use or consumption, but not for resale in any form.
50,000 gallons (i) A wine-maker's premises license shall allow a licensee that concurrently holds a first-class wine-maker's license to sell and offer for sale at retail in the premises specified in such license not more than 50,000 gallons of the first-class wine-maker's wine that is made at the first-class wine-maker's licensed premises per year for use or consumption, but not for resale in any form.
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 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 10400SB0618sam002 -116- LRB104 06890 RPS 28967 a the premises specified in the wine-maker's premises license, for use or consumption but not for resale in any form, any beer, wine, and spirits purchased from a licensed distributor.
A wine-maker's premises licensee shall secure liquor liability insurance coverage in an amount at least equal to the maximum SB0618 Enrolled - 116 - LRB104 06890 RPS 16926 b liability amounts set forth in subsection (a) of Section 6-21 of this Act.
A wine-maker's premises licensee shall secure liquor liability insurance coverage in an amount at least equal to the maximum liability amounts set forth in subsection (a) of Section 6-21 of this Act.
and provided further, that airplane licensees exercising the above powers shall be subject to all provisions of Article VIII of this Act as applied to importing distributors.
and provided further, that airplane licensees exercising the above powers shall be subject to all provisions of Article VIII of this Act as applied to importing 10400SB0618sam002 -117- LRB104 06890 RPS 28967 a distributors.
(k) A foreign importer's license shall permit such licensee to purchase alcoholic liquor from Illinois licensed non-resident dealers only, and to import alcoholic liquor SB0618 Enrolled - 117 - LRB104 06890 RPS 16926 b other than in bulk from any point outside the United States and to sell such alcoholic liquor to Illinois licensed importing distributors and to no one else in Illinois;
(k) A foreign importer's license shall permit such licensee to purchase alcoholic liquor from Illinois licensed non-resident dealers only, and to import alcoholic liquor other than in bulk from any point outside the United States and to sell such alcoholic liquor to Illinois licensed importing distributors and to no one else in 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, craft distillers, rectifiers, brewers or manufacturers or any other party within or without the State of Illinois in 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, 10400SB0618sam002 -118- LRB104 06890 RPS 28967 a or who offer to retailers to ship or cause to be shipped or to make contact with distillers, craft distillers, rectifiers, brewers or manufacturers or any other party within or without the State of Illinois in 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.
No holder of a retailer's license issued by the Illinois Liquor Control Commission shall purchase or receive any alcoholic liquor, the order for which was solicited or offered for sale to such retailer by a broker unless the broker is the SB0618 Enrolled - 118 - LRB104 06890 RPS 16926 b holder of a valid broker's license.
No holder of a retailer's license issued by the Illinois Liquor Control Commission shall purchase or receive any alcoholic liquor, the order for which was solicited or offered for sale to such retailer by a broker unless the broker is the holder of a valid broker's license.
This Section does not apply to any person who promotes, solicits, or accepts orders for wine as specifically authorized in Section 6-29 of this Act.
This Section does not apply to any person who promotes, solicits, or accepts orders for wine as 10400SB0618sam002 -119- LRB104 06890 RPS 28967 a specifically authorized in Section 6-29 of this Act.
SB0618 Enrolled - 119 - LRB104 06890 RPS 16926 b Any agent, representative, or person subject to registration pursuant to subsection (a-1) of this Section shall not be eligible to receive a broker's license.
Any agent, representative, or person subject to registration pursuant to subsection (a-1) of this Section shall not be eligible to receive a broker's license.
provided that (i) said non-resident dealer shall register with the Illinois Liquor Control Commission each and every brand of alcoholic liquor which it proposes to sell to Illinois licensees during the license period, (ii) it shall comply with all of the provisions of Section 6-9 hereof with respect to registration of such Illinois licensees as may be granted the right to sell such brands at wholesale by duly filing such registration statement, thereby authorizing the non-resident dealer to proceed to sell such brands at wholesale, and (iii) the non-resident dealer shall comply with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers.
provided that (i) said non-resident dealer shall register with the Illinois Liquor Control Commission each and every brand of alcoholic liquor which it proposes to sell to Illinois licensees during the license period, (ii) it shall comply with all of the provisions of Section 6-9 hereof with respect to registration of such Illinois licensees as may be granted the right to sell such brands at wholesale by duly filing such 10400SB0618sam002 -120- LRB104 06890 RPS 28967 a registration statement, thereby authorizing the non-resident dealer to proceed to sell such brands at wholesale, and (iii) the non-resident dealer shall comply with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers.
(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 SB0618 Enrolled - 120 - LRB104 06890 RPS 16926 b State 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, (vi) with the prior approval of the State 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, and (vii) notwithstanding item (i) of this subsection, brew pubs wholly owned and operated by the same licensee may combine each location's production limit of 155,000 gallons of beer per year and allocate the aggregate total between the wholly owned, operated, and licensed locations.
(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 State 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, (vi) with the prior approval of the State 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, and (vii) notwithstanding item (i) of this subsection, brew pubs 10400SB0618sam002 -121- LRB104 06890 RPS 28967 a wholly owned and operated by the same licensee may combine each location's production limit of 155,000 gallons of beer per year and allocate the aggregate total between the wholly owned, operated, and licensed locations.
SB0618 Enrolled - 121 - LRB104 06890 RPS 16926 b (ii) does not hold more than 3 brew pub licenses in this State;
(ii) does not hold more than 3 brew pub licenses in this State;
Notwithstanding any other provision of this Act, a licensed brewer, class 2 brewer, or non-resident dealer who before July 1, 2015 manufactured less than 3,720,000 gallons of beer per year and held a brew pub license on or before July 1, 2015 may (i) continue to qualify for and hold that brew pub license for the licensed premises and (ii) manufacture more than 3,720,000 gallons of beer per year and continue to qualify for and hold that brew pub license if that brewer, class 2 brewer, or non-resident dealer does not simultaneously hold a class 1 brewer license and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year or that produces any other alcoholic liquor.
Notwithstanding any other provision of this Act, a licensed brewer, class 2 brewer, or non-resident dealer who before July 1, 2015 manufactured less than 3,720,000 gallons of beer per year and held a brew pub license on or before July 1, 2015 may (i) continue to qualify for and hold that brew pub license for the licensed premises and (ii) manufacture more than 3,720,000 gallons of beer per year and continue to qualify for and hold that brew pub license if that brewer, 10400SB0618sam002 -122- LRB104 06890 RPS 28967 a class 2 brewer, or non-resident dealer does not simultaneously hold a class 1 brewer license and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year or that produces any other alcoholic liquor.
SB0618 Enrolled - 122 - LRB104 06890 RPS 16926 b (1) has a valid retail license on or before May 1, 2021;
(1) has a valid retail license on or before May 1, 2021;
If a brew pub licensee is issued a class 3 brewer license, the class 3 brewer license shall expire on the same date as the existing brew pub license and the State Commission shall not require a class 3 brewer licensee to obtain a brewer license, or, in the alternative, to pay a fee for a brewer license, until the date the brew pub license of the applicant would have expired.
If a brew pub licensee is issued a class 3 brewer license, the class 3 brewer license shall expire on the same date as the existing brew pub license and the State Commission shall not require a class 3 brewer licensee to obtain a brewer license, or, in the alternative, to pay a fee for a brewer license, until the date the brew pub license of the applicant would have 10400SB0618sam002 -123- LRB104 06890 RPS 28967 a expired.
SB0618 Enrolled - 123 - LRB104 06890 RPS 16926 b Nothing in this Act prohibits a distributor or importing distributor from offering credit or a refund for unused, salable beer to a holder of a caterer retailer license or a caterer retailer licensee from accepting a credit or refund for unused, salable beer, in the event an act of God is the sole reason an off-site event is canceled cancelled and if:
Nothing in this Act prohibits a distributor or importing distributor from offering credit or a refund for unused, salable beer to a holder of a caterer retailer license or a caterer retailer licensee from accepting a credit or refund for unused, salable beer, in the event an act of God is the sole reason an off-site event is canceled cancelled and if:
and (iii) the unused, salable beer would likely spoil if transferred to the caterer retailer's premises.
and (iii) the unused, salable beer would likely spoil if transferred to the caterer retailer's 10400SB0618sam002 -124- LRB104 06890 RPS 28967 a premises.
A caterer retailer license shall allow the holder to transfer any inventory from any off-site location to its caterer retailer premises at the conclusion of an off-site event or engage a distributor or importing distributor to transfer any inventory from any off-site location to its caterer retailer premises at the conclusion of an off-site event, provided that the distributor or importing distributor issues bona fide charges to the caterer retailer licensee for fuel, labor, and delivery and the distributor or importing distributor collects payment from the caterer retailer licensee prior to the distributor or importing distributor SB0618 Enrolled - 124 - LRB104 06890 RPS 16926 b transferring inventory to the caterer retailer premises.
A caterer retailer license shall allow the holder to transfer any inventory from any off-site location to its caterer retailer premises at the conclusion of an off-site event or engage a distributor or importing distributor to transfer any inventory from any off-site location to its caterer retailer premises at the conclusion of an off-site event, provided that the distributor or importing distributor issues bona fide charges to the caterer retailer licensee for fuel, labor, and delivery and the distributor or importing distributor collects payment from the caterer retailer licensee prior to the distributor or importing distributor transferring inventory to the caterer retailer premises.
(q) A special use permit license shall allow an Illinois licensed retailer to transfer a portion of its alcoholic liquor inventory from its retail licensed premises to the premises specified in the license hereby created;
(q) A special use permit license shall allow an Illinois licensed retailer to transfer a portion of its alcoholic 10400SB0618sam002 -125- LRB104 06890 RPS 28967 a liquor inventory from its retail licensed premises to the premises specified in the license hereby created;
An applicant for the special SB0618 Enrolled - 125 - LRB104 06890 RPS 16926 b use permit license must also submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance to the maximum limits and have local authority approval.
An applicant for the special use permit license must also submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance to the maximum limits and have local authority approval.
A special use permit license shall allow the holder to transfer any inventory from the holder's special use premises to its retail premises at the conclusion of the special use event or engage a distributor or importing distributor to transfer any inventory from the holder's special use premises to its retail premises at the conclusion of an off-site event, provided that the distributor or importing distributor issues bona fide charges to the special use permit licensee for fuel, labor, and delivery and the distributor or importing distributor collects payment from the retail licensee prior to the distributor or importing distributor transferring inventory to the retail premises.
A special use permit license shall allow the holder to transfer any inventory from the holder's special use premises to its retail premises at the conclusion of the special use event or engage a distributor or importing distributor to transfer any inventory from the holder's special use premises to its retail premises at the conclusion of an off-site event, provided that the distributor or importing distributor issues bona fide charges to the special use permit licensee for fuel, labor, and delivery and the distributor or importing distributor collects payment from the retail licensee prior to the distributor or importing distributor transferring 10400SB0618sam002 -126- LRB104 06890 RPS 28967 a inventory to the retail premises.
(ii) the distributor or importing distributor offers the credit or refund for the unused, salable beer that it SB0618 Enrolled - 126 - LRB104 06890 RPS 16926 b delivered to the premises specified in the special use permit license and not for any unused, salable beer that the distributor or importing distributor delivered to the retailer's premises;
(ii) the distributor or importing distributor offers the credit or refund for the unused, salable beer that it delivered to the premises specified in the special use permit license and not for any unused, salable beer that the distributor or importing distributor delivered to the retailer's premises;
Prior to receiving a winery shipper's license, an applicant for the license must provide the State Commission with a true copy of its current license in any state in which it is licensed as a manufacturer of wine.
Prior to receiving a winery shipper's license, an applicant for the license must provide the State Commission with a true copy of its current license in any state in which 10400SB0618sam002 -127- LRB104 06890 RPS 28967 a it is licensed as a manufacturer of wine.
The application form shall include an acknowledgment acknowledgement consenting to the jurisdiction of the State Commission, the Illinois Department of Revenue, and the courts of this State concerning SB0618 Enrolled - 127 - LRB104 06890 RPS 16926 b the enforcement of this Act and any related laws, rules, and regulations, including authorizing the Department of Revenue and the State Commission to conduct audits for the purpose of ensuring compliance with Public Act 95-634, and an acknowledgment acknowledgement that the wine manufacturer is in compliance with Section 6-2 of this Act.
The application form shall include an acknowledgment acknowledgement consenting to the jurisdiction of the State Commission, the Illinois Department of Revenue, and the courts of this State concerning the enforcement of this Act and any related laws, rules, and regulations, including authorizing the Department of Revenue and the State Commission to conduct audits for the purpose of ensuring compliance with Public Act 95-634, and an acknowledgment acknowledgement that the wine manufacturer is in compliance with Section 6-2 of this Act.
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 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.
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 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 10400SB0618sam002 -128- LRB104 06890 RPS 28967 a shipper's license application or any renewal thereof.
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 SB0618 Enrolled - 128 - LRB104 06890 RPS 16926 b 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.
and (3) the date and address of the shipment.
and 10400SB0618sam002 -129- LRB104 06890 RPS 28967 a (3) the date and address of the shipment.
Any books, records, supporting papers, and documents containing information and data relating to a statement under this paragraph shall be kept and preserved for a period of 3 years, unless their destruction sooner is authorized, in writing, by the Director of Revenue, and shall be open and available to inspection by the Director of Revenue or the State Commission or any duly authorized officer, agent, SB0618 Enrolled - 129 - LRB104 06890 RPS 16926 b or employee of the State Commission or the Department of Revenue, at all times during business hours of the day.
Any books, records, supporting papers, and documents containing information and data relating to a statement under this paragraph shall be kept and preserved for a period of 3 years, unless their destruction sooner is authorized, in writing, by the Director of Revenue, and shall be open and available to inspection by the Director of Revenue or the State Commission or any duly authorized officer, agent, or employee of the State Commission or the Department of Revenue, at all times during business hours of the day.
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.
10400SB0618sam002 -130- LRB104 06890 RPS 28967 a 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.
If a licensee fails to remit the tax imposed under this Act in SB0618 Enrolled - 130 - LRB104 06890 RPS 16926 b accordance with the provisions of Article VIII of this Act, the winery shipper's license shall be revoked in accordance with the provisions of Article VII of this Act.
If a licensee fails to remit the tax imposed under this Act in accordance with the provisions of Article VIII of this Act, the winery shipper's license shall be revoked in accordance with the provisions of Article VII of this Act.
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.
Pursuant to paragraph (5.1) or (5.3) of subsection (a) of 10400SB0618sam002 -131- LRB104 06890 RPS 28967 a 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.
(s) A craft distiller tasting permit license shall allow an Illinois licensed class 1 craft distiller or class 2 craft distiller to transfer a portion of its alcoholic liquor SB0618 Enrolled - 131 - LRB104 06890 RPS 16926 b inventory from its class 1 craft distiller or class 2 craft distiller licensed premises to the premises specified in the license hereby created and to conduct a sampling, only in the premises specified in the license hereby created, of the transferred alcoholic liquor in accordance with subsection (c) of Section 6-31 of this Act.
(s) A craft distiller tasting permit license shall allow an Illinois licensed class 1 craft distiller or class 2 craft distiller to transfer a portion of its alcoholic liquor inventory from its class 1 craft distiller or class 2 craft distiller licensed premises to the premises specified in the license hereby created and to conduct a sampling, only in the premises specified in the license hereby created, of the transferred alcoholic liquor in accordance with subsection (c) of Section 6-31 of this Act.
If the holder of the permit is a class 1 brewer licensee, the brewer warehouse permit shall allow the holder to store or warehouse up to 930,000 gallons of tax-determined beer manufactured by the holder of the permit at the premises specified on the permit.
If the holder of the permit is a class 1 brewer licensee, the brewer warehouse permit shall allow the holder to store or warehouse 10400SB0618sam002 -132- LRB104 06890 RPS 28967 a up to 930,000 gallons of tax-determined beer manufactured by the holder of the permit at the premises specified on the permit.
(u) A distilling pub license shall allow the licensee to only (i) manufacture up to 5,000 gallons of spirits per year SB0618 Enrolled - 132 - LRB104 06890 RPS 16926 b only on the premises specified in the license, (ii) make sales of the spirits manufactured on the premises or, with the approval of the State Commission, spirits manufactured on another distilling pub licensed premises that is wholly owned and operated by the same licensee to importing distributors and distributors and to non-licensees for use and consumption, (iii) store the spirits upon the premises, (iv) sell and offer for sale at retail from the licensed premises for off-premises consumption no more than 5,000 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 State Commission, annually transfer no more than 5,000 gallons of spirits manufactured on the premises to a licensed distilling pub wholly owned and operated by the same licensee.
(u) A distilling pub license shall allow the licensee to only (i) manufacture up to 5,000 gallons of spirits per year only on the premises specified in the license, (ii) make sales of the spirits manufactured on the premises or, with the approval of the State Commission, spirits manufactured on another distilling pub licensed premises that is wholly owned and operated by the same licensee to importing distributors and distributors and to non-licensees for use and consumption, (iii) store the spirits upon the premises, (iv) sell and offer for sale at retail from the licensed premises for off-premises consumption no more than 5,000 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 State Commission, annually transfer no more than 5,000 gallons of spirits manufactured on the 10400SB0618sam002 -133- LRB104 06890 RPS 28967 a premises to a licensed distilling pub wholly owned and operated by the same licensee.
(iii) does not SB0618 Enrolled - 133 - LRB104 06890 RPS 16926 b manufacture more than a combined 100,000 gallons of spirits per year, including the spirits manufactured at the distilling pub;
(iii) does not manufacture more than a combined 100,000 gallons of spirits per year, including the spirits manufactured at the distilling pub;
(w) A beer showcase permit license shall allow an Illinois-licensed distributor to transfer a portion of its beer inventory from its licensed premises to the premises specified in the beer showcase permit license, and, in the case of a class 3 brewer, transfer only beer the class 3 brewer manufactures from its licensed premises to the premises specified in the beer showcase permit license;
(w) A beer showcase permit license shall allow an Illinois-licensed distributor to transfer a portion of its 10400SB0618sam002 -134- LRB104 06890 RPS 28967 a beer inventory from its licensed premises to the premises specified in the beer showcase permit license, and, in the case of a class 3 brewer, transfer only beer the class 3 brewer manufactures from its licensed premises to the premises specified in the beer showcase permit license;
or SB0618 Enrolled - 134 - LRB104 06890 RPS 16926 b 2 or more days to a maximum of 15 days per location in any 12-month period.
or 2 or more days to a maximum of 15 days per location in any 12-month period.
revised 7-2-25.) (235 ILCS 5/6-28.8) (Section scheduled to be repealed on August 1, 2028) Sec.
revised 7-2-25.) (235 ILCS 5/6-16) (from Ch.
43, par.
131) 10400SB0618sam002 -135- LRB104 06890 RPS 28967 a Sec.
6-16.
Prohibited sales and possession.
(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 visibly intoxicated person, except as provided in Section 6-16.1.
(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.
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.
At no time while delivering alcoholic beverages within this State may any representative, agent, or employee of 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 10400SB0618sam002 -136- LRB104 06890 RPS 28967 a least 21 years of age.
A signature of a person on file with the express company, common carrier, or contract carrier does not constitute acknowledgement of the consignee.
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 business offense for which the express company, common carrier, or contract carrier that transports alcoholic liquor within this State 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.
An express company, common carrier, or contract carrier shall be held vicariously liable for the actions of its representatives, agents, or employees.
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.
Each shipment of alcoholic liquor delivered in violation of this item (ii) of this subsection (a) constitutes a separate offense.
(iii) No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give, or deliver such alcoholic liquor to another person under the age 10400SB0618sam002 -137- LRB104 06890 RPS 28967 a of 21 years, except in the performance of a religious ceremony or service.
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.
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.
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.
If a licensee or officer, associate, member, 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 10400SB0618sam002 -138- LRB104 06890 RPS 28967 a 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.
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.
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 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.
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 10400SB0618sam002 -139- LRB104 06890 RPS 28967 a 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.
It shall not, however, be an affirmative defense if the agent or employee accepted the written evidence knowing it to be false or fraudulent.
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.
However, no agent or employee of the licensee or employee of an express company, common carrier, or contract carrier that 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 10400SB0618sam002 -140- LRB104 06890 RPS 28967 a 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.
This paragraph, however, shall not apply if the agent or employee accepted the written evidence knowing it to be false or fraudulent.
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.
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 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 10400SB0618sam002 -141- LRB104 06890 RPS 28967 a shall include, but shall not be limited to, the following:
a fine of not less than $500 and at least 25 hours of community service.
If possible, any community service shall be performed for an alcohol abuse prevention program.
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.
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.
(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.
A parent or guardian is deemed to have 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.
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.
Where a 10400SB0618sam002 -142- LRB104 06890 RPS 28967 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.
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.
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.
(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.
(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:
(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;
and (2) the possession or consumption of the alcohol by the person under 21 is not otherwise permitted by this Act.
For the purposes of this subsection (c) where the residence has an owner and a tenant or lessee, the trier of 10400SB0618sam002 -143- LRB104 06890 RPS 28967 a fact may infer that the residence is occupied only by the tenant or lessee.
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.
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.
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.
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 requested before any other person makes a formal complaint to the police department or other law enforcement agency about the activity.
(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 10400SB0618sam002 -144- LRB104 06890 RPS 28967 a guilty of a Class A misdemeanor.
(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.
(f) A law enforcement agency or its agents or employees, the Illinois Liquor Control Commission or its agents or employees, or a local liquor control commissioner or its agents or employees shall, pursuant to a plan or action to investigate, patrol, or conduct any similar enforcement action, use only a person under the age of 21 years to attempt to purchase alcoholic beverages to apprehend licensees, or employees or agents of licensees, who sell alcoholic beverages to minors.
The following minimum standards apply to any plan or action to investigate, patrol, or conduct any similar enforcement action under this Act in which it is alleged that a minor has purchased an alcoholic beverage:
(1) At the time of the operation, the minor shall be 18 or 19 years of age.
(2) The minor shall display an appearance that could 10400SB0618sam002 -145- LRB104 06890 RPS 28967 a generally be expected of a person under 21 years of age, under the actual circumstances presented to the seller of alcoholic beverages at the time of the alleged offense and shall not purposely disguise the minor's appearance so as to misrepresent the minor's actual age.
(3) The minor shall be photographed, both before and after an investigation, for the purpose of creating a record of the minor's appearance during the time of the investigation.
(4) The minor shall respond truthfully to all questions posed by the licensee's employee or agent, including, but not limited to, inquiries concerning the person's age.
The minor shall not remain silent when asked questions regarding his or her age and shall not make statements designed to trick, mislead, encourage, or confuse the employee or agent.
(5) The minor shall either carry his or her own identification showing the minor's correct date of birth or shall carry no identification.
(6) If the minor carries identification, the minor shall present it upon request to any licensee's employee or agent.
(7) The minor shall not carry any fraudulent or fictitious identification.
Failure to comply with the minimum standards in this subsection shall be a defense to any action brought against a 10400SB0618sam002 -146- LRB104 06890 RPS 28967 a licensee under this Act, or against the licensee's employee or agent, for the illegal sale of alcohol to a minor.
(Source:
P.A.
97-1049, eff.
1-1-13;
98-1017, eff.
1-1-15.) (235 ILCS 5/6-28.8) (Section scheduled to be repealed on August 1, 2028) Sec.
SB0618 Enrolled - 135 - LRB104 06890 RPS 16926 b "Original container" means, for the purposes of this Section only, a container that is (i) filled, sealed, and secured by a retail licensee's employee at the retail licensee's location with a tamper-evident lid or cap or (ii) filled and labeled by the manufacturer and secured by the manufacturer's original unbroken seal.
"Original container" means, for the purposes of this Section only, a container that is (i) filled, sealed, and secured by a retail licensee's employee at the retail licensee's location with a tamper-evident lid or cap or (ii) filled and labeled by the manufacturer and secured by the manufacturer's original unbroken seal.
"Sealed container" includes a manufacturer's original container as defined in this subsection.
10400SB0618sam002 -147- LRB104 06890 RPS 28967 a "Sealed container" includes a manufacturer's original container as defined in this subsection.
(1) the cocktail, mixed drink, or single serving of wine is transferred within the licensed premises, by a curbside pickup, or by delivery by an employee of the SB0618 Enrolled - 136 - LRB104 06890 RPS 16926 b retail licensee who:
(1) the cocktail, mixed drink, or single serving of wine is transferred within the licensed premises, by a curbside pickup, or by delivery by an employee of the retail licensee who:
(2) if the employee delivering the cocktail, mixed drink, or single serving of wine is not able to safely verify a person's age or level of intoxication upon delivery or is otherwise not able to complete the delivery, the employee shall cancel the sale of alcohol and return the product to the retail license holder;
(2) if the employee delivering the cocktail, mixed drink, or single serving of wine is not able to safely 10400SB0618sam002 -148- LRB104 06890 RPS 28967 a verify a person's age or level of intoxication upon delivery or is otherwise not able to complete the delivery, the employee shall cancel the sale of alcohol and return the product to the retail license holder;
(B) the name, license number, and address of the retail licensee that filled the original container and SB0618 Enrolled - 137 - LRB104 06890 RPS 16926 b sold the product;
(B) the name, license number, and address of the retail licensee that filled the original container and sold the product;
(c) Third-party delivery services are not permitted to deliver cocktails and mixed drinks under this Section.
(c) Third-party delivery services are not permitted to 10400SB0618sam002 -149- LRB104 06890 RPS 28967 a deliver cocktails and mixed drinks under this Section.
SB0618 Enrolled - 138 - LRB104 06890 RPS 16926 b (4) a mixed drink, cocktail, or single serving of wine is delivered by a person or to a person who is under the age of 21;
(4) a mixed drink, cocktail, or single serving of wine is delivered by a person or to a person who is under the age of 21;
(f) Violations of this Section shall be subject to any applicable penalties, including, but not limited to, the penalties specified under Section 11-502 of the Illinois Vehicle Code.
(f) Violations of this Section shall be subject to any applicable penalties, including, but not limited to, the penalties specified under Section 11-502 of the Illinois 10400SB0618sam002 -150- LRB104 06890 RPS 28967 a Vehicle Code.
SB0618 Enrolled - 139 - LRB104 06890 RPS 16926 b (h) Except as provided in subsection (f-5), nothing in this Section shall be construed to prohibit an on-premises consumption retailer or a combined on-premises consumption retailer and off-premises sale retailer from delivering mixed drinks, cocktails, or single servings of wine pursuant to this Section.
(h) Except as provided in subsection (f-5), nothing in this Section shall be construed to prohibit an on-premises consumption retailer or a combined on-premises consumption retailer and off-premises sale retailer from delivering mixed drinks, cocktails, or single servings of wine pursuant to this Section.
This Act applies to pending actions as well as actions commenced on or after the effective date of this Act.
This Act applies to pending actions as well as actions commenced on or after the effective 10400SB0618sam002 -151- LRB104 06890 RPS 28967 a date of this Act.
This Act takes effect July 1, 2026, except that this Section and Section 10 take effect upon becoming law.
This Act takes effect July 1, 2026, except that this Section and Section 10 take effect upon becoming law.".