Illinois 93rd Regular Session Status: Passed House

HB 6753 — LIQUOR-LICENSED PREMISES

Last action — Session Sine Die

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

This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Liquor Control Act of 1934. Defines "alcoholic beverages" to mean the same as "alcoholic liquor". Defines "licensed premises" as a place or location in Illinois where alcoholic liquor is manufactured, stored, displayed, or offered for sale or where drinks containing alcoholic liquors are mixed, concocted, and served for consumption. Provides that a distributor's license allows the wholesale purchase or storage of alcoholic liquors at a licensed premises. Effective immediately.

Bill Text

What changed in the latest version

402 added · 423 removed

Plain-language change summary

The amendment to HB 6753 updates the definitions of "alcoholic liquor" and "alcoholic beverages" to align them more closely within the existing regulations. It clarifies that the rules governing these terms exclude denatured alcohol used in manufacturing and any products with very low alcohol content. Additionally, it ensures that wine purchased for sacramental purposes by churches or religious organizations is exempt from certain taxes, as long as it's sourced from licensed distributors. This change is important because it helps clarify the law, making it easier for businesses and organizations involved in the alcohol industry to understand their responsibilities and benefits.

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HB6753 *LRB09318999LRD46888b* 93RD GENERAL ASSEMBLY State of Illinois and 2004 Introduced 02/09/04, by Timothy L.
HB6753 Engrossed LRB093 18999 LRD 46888 b AN ACT in relation to alcoholic liquor.
Schmitz SYNOPSIS AS INTRODUCED:
ILCS 5/1-3.05 from Ch.
43, par.
95.05 ILCS 5/5-1.38 new from Ch.
43, par.
115 Amends the Liquor Control Act of 1934.
Defines "alcoholic beverages" to mean the same as "alcoholic liquor".
Defines "licensed premises" as a place or location in Illinois where alcoholic liquor is manufactured, stored, displayed, or offered for sale or where drinks containing alcoholic liquors are mixed, concocted, and served for consumption.
Provides that a distributor’s license allows the wholesale purchase or storage of alcoholic liquors at a licensed premises.
Effective immediately.
LRB093 18999 LRD 46888 b A BILL FOR HB6753 LRB093 18999 LRD 46888 b AN ACT in relation to alcoholic liquor.
The Liquor Control Act of 1934 is amended by changing Sections 1-3.05 and 5-1 and by adding Section 1-3.38 as follows:
The Liquor Control Act of 1934 is amended by changing Sections 1-3.05 and 5-1 as follows:
82-783.) (235 ILCS 5/1-3.38 new) Sec.
82-783.) (235 ILCS 5/5-1) (from Ch.
1-3.38.
"Premises" or "licensed premises" means the place or location in Illinois where alcoholic liquor is manufactured, stored, displayed, or offered for sale or where drinks containing alcoholic liquors are mixed, concocted, and served for consumption.
(235 ILCS 5/5-1) (from Ch.
Licenses issued by the Illinois Liquor Control HB6753 - 2 - LRB093 18999 LRD 46888 b Commission shall be of the following classes:
Licenses issued by the Illinois Liquor Control Commission shall be of the following classes:
Limited Wine Manufacturer, (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.
Limited Wine Manufacturer, (b) Distributor’s license, (c) Importing Distributor’s license, HB6753 Engrossed - 2 - LRB093 18999 LRD 46888 b (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.
A Rectifier, who is not a distiller, as defined herein, may make sales and deliveries of alcoholic liquor to HB6753 - 3 - LRB093 18999 LRD 46888 b rectifiers, importing distributors, distributors, retailers and non-beverage users and to no other licensees.
A Rectifier, who is not a distiller, as defined herein, may make sales and deliveries of alcoholic liquor to rectifiers, importing distributors, distributors, retailers and non-beverage users and to no other licensees.
A first class wine-manufacturer may make sales and deliveries of up to 50,000 gallons of wine to manufacturers, importing distributors and distributors, and to no other licensees.
A first class wine-manufacturer may make sales and HB6753 Engrossed - 3 - LRB093 18999 LRD 46888 b deliveries of up to 50,000 gallons of wine to manufacturers, importing distributors and distributors, and to no other licensees.
A second-class wine-maker’s license shall allow the sale of no more than 10,000 gallons of the licensee’s HB6753 - 4 - LRB093 18999 LRD 46888 b wine directly to retailers.
A second-class wine-maker’s license shall allow the sale of no more than 10,000 gallons of the licensee’s wine directly to retailers.
No subsidiary or affiliate thereof, or any officer, associate, member, partner, representative, employee, agent, or shareholder may be issued an additional wine-maker’s license by the State Commission.
No subsidiary or affiliate thereof, or any officer, associate, member, partner, representative, employee, agent, or shareholder may be issued an additional wine-maker’s license by HB6753 Engrossed - 4 - LRB093 18999 LRD 46888 b the State Commission.
(b) A distributor’s license shall allow the wholesale purchase and storage of alcoholic liquors at a licensed HB6753 - 5 - LRB093 18999 LRD 46888 b premises and sale of alcoholic liquors to licensees in this State and to persons without the State, as may be permitted by law.
(b) A distributor’s license shall allow the wholesale purchase and storage of alcoholic liquors and sale of alcoholic liquors to licensees in this State and to persons without the State, as may be permitted by law.
(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 Commission and the 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.
A distributor’s licensee may store alcoholic liquor only in the premises in which the distributor’s licensee is licensed to engage in business in Illinois as a distributor.
(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 HB6753 Engrossed - 5 - LRB093 18999 LRD 46888 b the Commission and the 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.
(2) An "off premise sale license" shall allow the licensee to sell, or offer for sale at retail, alcoholic HB6753 - 6 - LRB093 18999 LRD 46888 b liquor intended only for off premise consumption and not for resale in any form.
(2) An "off premise sale license" shall allow the licensee to sell, or offer for sale at retail, alcoholic liquor intended only for off premise consumption and not for resale in any form.
(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.
HB6753 Engrossed - 6 - LRB093 18999 LRD 46888 b (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.
(f) A railroad license shall permit the licensee to import HB6753 - 7 - LRB093 18999 LRD 46888 b alcoholic liquors into this State from any point in the United 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;
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 HB6753 Engrossed - 7 - LRB093 18999 LRD 46888 b that the above powers may be exercised only in connection with the importation, purchase or storage of alcoholic liquors to be sold or dispensed on a club, buffet, lounge or dining car operated on an electric, gas or steam railway in this State;
HB6753 - 8 - LRB093 18999 LRD 46888 b Class 1, not to exceed .........................
Class 1, not to exceed .........................
5,000 gallons Class 4, not to exceed .........................10,000 gallons Class 5, not to exceed .........................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.
5,000 gallons Class 4, not to exceed .........................10,000 gallons Class 5, not to exceed .........................50,000 gallons (i) A wine-maker’s premises license shall allow a licensee HB6753 Engrossed - 8 - LRB093 18999 LRD 46888 b 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.
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 HB6753 - 9 - LRB093 18999 LRD 46888 b 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 distributors.
A single airplane license shall be required of an airline company if liquor service is provided on board aircraft in this State.
A single airplane license shall be required of an airline company if liquor HB6753 Engrossed - 9 - LRB093 18999 LRD 46888 b service is provided on board aircraft in this State.
HB6753 - 10 - LRB093 18999 LRD 46888 b The broker shall, upon the acceptance by a retailer of the broker’s solicitation of an order or offer to sell or supply or deliver or have delivered alcoholic liquors, promptly forward to the Illinois Liquor Control Commission a notification of said transaction in such form as the Commission may by regulations prescribe.
The broker shall, upon the acceptance by a retailer of the broker’s solicitation of an order or offer to sell or supply or deliver or have delivered alcoholic liquors, promptly forward to the Illinois Liquor Control Commission a notification of said transaction in such form as the Commission may by regulations prescribe.
(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.
HB6753 Engrossed - 10 - LRB093 18999 LRD 46888 b (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.
provided that 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 HB6753 - 11 - LRB093 18999 LRD 46888 b licensees during the license period;
provided that 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;
(n) A brew pub license shall allow the licensee to manufacture beer only on the premises specified in the license, to make sales of the beer manufactured on the premises to importing distributors, distributors, and to non-licensees for use and consumption, to store the beer upon the premises, and to sell and offer for sale at retail from the licensed premises, provided that a brew pub licensee shall not sell for off-premises consumption more than 50,000 gallons per year.
(n) A brew pub license shall allow the licensee to manufacture beer only on the premises specified in the license, HB6753 Engrossed - 11 - LRB093 18999 LRD 46888 b to make sales of the beer manufactured on the premises to importing distributors, distributors, and to non-licensees for use and consumption, to store the beer upon the premises, and to sell and offer for sale at retail from the licensed premises, provided that a brew pub licensee shall not sell for off-premises consumption more than 50,000 gallons per year.
An applicant for the special use permit license must also submit with the HB6753 - 12 - LRB093 18999 LRD 46888 b 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.
7-16-02.) Section 99.
7-16-02.) HB6753 Engrossed - 12 - LRB093 18999 LRD 46888 b Section 99.
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Action History

  1. Session Sine Die

  2. Rule 3-9(a) / Re-referred to Rules

  3. Assigned to Licensed Activities

  4. Referred to Rules

  5. First Reading

  6. Chief Senate Sponsor Sen. Antonio Munoz

  7. Placed on Calendar Order of First Reading March 26, 2004

  8. Arrive in Senate

  9. Third Reading - Short Debate - Passed 114-000-000

  10. Added Chief Co-Sponsor Rep. William B. Black

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

  12. Second Reading - Short Debate

  13. Placed on Calendar 2nd Reading - Short Debate

  14. Do Pass as Amended / Short Debate Executive Committee; 012-000-000

  15. House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote

  16. House Committee Amendment No. 1 Filed with Clerk by Executive Committee

  17. Motion to Suspend Rule 25 - Prevailed by Voice Vote

  18. Assigned to Executive Committee

  19. Referred to Rules Committee

  20. First Reading

  21. Filed with the Clerk by Rep. Timothy L. Schmitz

Sponsors

  • Timothy L. Schmitz · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Timothy L. Schmitz

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

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

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

Votes

Third Reading

Passed 114 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 102004
Democrat 9000
Republican 3000
Total 114004
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Scully — Yea
Slone — Yea
Sommer — Yea
Soto — Yea
Leitch — Yea
Acevedo — Yea
Aguilar — Yea
Mathias — Yea
Bassi — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Not Voting
Capparelli — Yea
McAuliffe — Yea
Meyer — Yea
Molaro — Yea
Munson — Yea
Graham — Yea
Hamos — Yea
Holbrook — Yea
Jefferson — Yea
Kurtz — Yea
Lang — Yea
Lindner — Yea
Parke — Yea
Pihos — Yea
Bailey — Yea
Lyons, Eileen — Yea
Reitz — Yea
Lyons, Joseph — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
May — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Millner — Yea
Moffitt — Yea
McGuire — Yea
Bradley, John — Yea
Morrow — Yea
Bradley, Richard — Yea
Mulligan — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Krause — Yea
Madigan — Yea
Osterman — Yea
Pankau — Yea
Fritchey — Not Voting
Giles — Not Voting
Kosel — Not Voting
Brady — Yea
Myers — Yea
Nekritz — Yea
Osmond — Yea
Tenhouse — Yea
Burke — Yea
Mitchell, Bill — Yea
Hannig — Yea
Turner — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Howard — Yea
Younge — Yea
Watson — Yea
Jones — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Daniels — Yea
Franks — Yea
Froehlich — Yea
Gordon — Yea
Granberg — Yea
Grunloh — Yea
Hassert — Yea
Hultgren — Yea
Jakobsson — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

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Subjects

public-safety taxation
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Frequently asked questions

What does HB 6753 do?
Amends the Liquor Control Act of 1934. Defines "alcoholic beverages" to mean the same as "alcoholic liquor". Defines "licensed premises" as a place or location in Illinois where alcoholic liquor is manufactured, stored, displayed, or offered for sale or where drinks containing alcoholic liquors are mixed, concocted, and served for consumption. Provides that a distributor's license allows the wholesale purchase or storage of alcoholic liquors at a licensed premises. Effective immediately.
Who sponsors HB 6753?
HB 6753 is sponsored by Timothy L. Schmitz.
What is the current status of HB 6753?
This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 6753?
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