Illinois 95th Regular Session Status: Enacted

HB 429 — LIQUOR-RETAIL WINE SHPMNT

Last action — Public Act . . . . . . . . . 95-0634

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

This bill has been enacted into law. Introduced January 26, 2007. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

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

Summary

Amends the Liquor Control Act of 1934. Sets forth additional duties of the Illinois Liquor Control Commission concerning direct wine shipments. Provides for a direct wine shipper's license. Deletes provisions (i) permitting first-class and second-class wine-maker licensees to sell wine directly to retailers and (ii) prohibiting the issuance of more than one first-class or second-class wine-maker's license to any person, firm, partnership, corporation, or other legal entity. Changes the description of a second-class wine-maker's license to allow the manufacture of between 50,000 and 150,000 gallons of wine per year (now, 50,000 to 100,000 gallons). Provides that 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 150,000 gallons (now, 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. Requires wine-maker premises licensees and limited wine manufacturer licensees to secure liquor liability insurance. Provides that a direct wine shipper licensee may ship, for personal use and not for resale, not more than 12 cases of wine per year to any resident of this State who is 21 years of age or older, such sale to be considered a sale in this State. Requires that a shipping container used in such shipment be clearly labeled with specific language, the label being designed or approved by the State Commission. Prohibits the shipment of any alcoholic beverage to any person in Illinois not licensed as a distributor, importing distributor, foreign importer, manufacturer, or non-resident dealer or not shipped pursuant to the provisions of this Act. Makes other changes. Effective July 1, 2007.

Bill Text

What changed in the latest version

46 added · 46 removed

Plain-language change summary

The recent amendment to Bill HB 429 involved replacing the term "Engrossed" with "Enrolled" in the document, signaling that the bill has completed additional legislative processes and is ready for final approval. This change is important as it indicates the bill's progress through the legislative process and its readiness for the next steps, such as presentation to the governor for signature. Essentially, this revision is a step closer to making the proposed law official.

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HB0429 Engrossed LRB095 03618 KBJ 23639 b AN ACT concerning liquor.
HB0429 Enrolled LRB095 03618 KBJ 23639 b AN ACT concerning liquor.
(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 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 HB0429 Engrossed - 2 - LRB095 03618 KBJ 23639 b 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, 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 HB0429 Enrolled - 2 - LRB095 03618 KBJ 23639 b regulation issued pursuant thereto and in effect for 30 days prior to such violation.
For the eleventh bottle of alcoholic liquor and for each third bottle thereafter sold or served from by the licensee with a foreign object in it, the maximum penalty that may be imposed on the licensee is the HB0429 Engrossed - 3 - LRB095 03618 KBJ 23639 b destruction of the bottle of alcoholic liquor and a fine of up to $50.
For the eleventh bottle of alcoholic liquor and for each third bottle thereafter sold or served from by the licensee with a foreign object in it, the maximum penalty that may be imposed on the licensee is the HB0429 Enrolled - 3 - LRB095 03618 KBJ 23639 b destruction of the bottle of alcoholic liquor and a fine of up to $50.
(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 notify the HB0429 Engrossed - 4 - LRB095 03618 KBJ 23639 b local liquor authority, file a complaint with the State’s Attorney’s Office of the county where the incident occurred, or initiate an investigation with the appropriate law enforcement officials.
(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 notify the HB0429 Enrolled - 4 - LRB095 03618 KBJ 23639 b local liquor authority, file a complaint with the State’s Attorney’s Office of the county where the incident occurred, or initiate an investigation with the appropriate law enforcement officials.
Hearings under this HB0429 Engrossed - 5 - LRB095 03618 KBJ 23639 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 HB0429 Enrolled - 5 - LRB095 03618 KBJ 23639 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.
The commission, may, from time to time, alter, amend or repeal, in whole or in part, any uniform system of accounts, or the HB0429 Engrossed - 6 - LRB095 03618 KBJ 23639 b form and manner of keeping accounts.
The commission, may, from time to time, alter, amend or repeal, in whole or in part, any uniform system of accounts, or the HB0429 Enrolled - 6 - LRB095 03618 KBJ 23639 b form and manner of keeping accounts.
HB0429 Engrossed - 7 - LRB095 03618 KBJ 23639 b (10) To adopt such rules and regulations consistent with the provisions of this Act which shall be necessary for the control, sale or disposition of alcoholic liquor damaged as a result of an accident, wreck, flood, fire or other similar occurrence.
HB0429 Enrolled - 7 - LRB095 03618 KBJ 23639 b (10) To adopt such rules and regulations consistent with the provisions of this Act which shall be necessary for the control, sale or disposition of alcoholic liquor damaged as a result of an accident, wreck, flood, fire or other similar occurrence.
This study shall address the HB0429 Engrossed - 8 - LRB095 03618 KBJ 23639 b extent to which Illinois currently complies with the provisions of P.L.
This study shall address the HB0429 Enrolled - 8 - LRB095 03618 KBJ 23639 b extent to which Illinois currently complies with the provisions of P.L.
The Commission shall consult with the Department of HB0429 Engrossed - 9 - LRB095 03618 KBJ 23639 b Public Health, the Department of Human Services, the Illinois State Police and any other executive branch agency, and private organizations that may have information relevant to this report.
The Commission shall consult with the Department of HB0429 Enrolled - 9 - LRB095 03618 KBJ 23639 b Public Health, the Department of Human Services, the Illinois State Police and any other executive branch agency, and private organizations that may have information relevant to this report.
(D) The number of alcohol compliance operations HB0429 Engrossed - 10 - LRB095 03618 KBJ 23639 b conducted.
(D) The number of alcohol compliance operations HB0429 Enrolled - 10 - LRB095 03618 KBJ 23639 b conducted.
HB0429 Engrossed - 11 - LRB095 03618 KBJ 23639 b (17) (A) A person licensed to make wine under the laws of another state who has a winery shipper’s license under this amendatory 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 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.
HB0429 Enrolled - 11 - LRB095 03618 KBJ 23639 b (17) (A) A person licensed to make wine under the laws of another state who has a winery shipper’s license under this amendatory 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 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.
(2) is not a member of any affiliated group that HB0429 Engrossed - 12 - LRB095 03618 KBJ 23639 b produces more than 25,000 gallons of wine per annum or produces any other alcoholic liquor;
(2) is not a member of any affiliated group that HB0429 Enrolled - 12 - LRB095 03618 KBJ 23639 b produces more than 25,000 gallons of wine per annum or produces any other alcoholic liquor;
(F) The Commission shall issue regulations governing self-distribution exemptions consistent with HB0429 Engrossed - 13 - LRB095 03618 KBJ 23639 b this Section and this Act.
(F) The Commission shall issue regulations governing self-distribution exemptions consistent with HB0429 Enrolled - 13 - LRB095 03618 KBJ 23639 b this Section and this Act.
HB0429 Engrossed - 14 - LRB095 03618 KBJ 23639 b (i) the amount of State excise and sales tax revenues generated as a result of this amendatory Act of 1998;
HB0429 Enrolled - 14 - LRB095 03618 KBJ 23639 b (i) the amount of State excise and sales tax revenues generated as a result of this amendatory Act of 1998;
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, HB0429 Engrossed - 15 - LRB095 03618 KBJ 23639 b (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, (d) Retailer’s license, (e) Special Event Retailer’s license (not-for-profit), (f) Railroad license, (g) Boat license, HB0429 Enrolled - 15 - LRB095 03618 KBJ 23639 b (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 rectifiers, importing distributors, distributors, retailers HB0429 Engrossed - 16 - LRB095 03618 KBJ 23639 b 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 HB0429 Enrolled - 16 - LRB095 03618 KBJ 23639 b and non-beverage users and to no other licensees.
A first-class wine-maker’s license shall allow the sale of no more than 5,000 gallons of the licensee’s HB0429 Engrossed - 17 - LRB095 03618 KBJ 23639 b wine to retailers.
A first-class wine-maker’s license shall allow the sale of no more than 5,000 gallons of the licensee’s HB0429 Enrolled - 17 - LRB095 03618 KBJ 23639 b wine to retailers.
The State Commission shall issue only one second-class wine-maker’s license to any person, firm, partnership, corporation, or other legal business entity that is engaged in the making of less than 100,000 gallons of wine annually that HB0429 Engrossed - 18 - LRB095 03618 KBJ 23639 b applies for a second-class wine-maker’s license.
The State Commission shall issue only one second-class wine-maker’s license to any person, firm, partnership, corporation, or other legal business entity that is engaged in the making of less than 100,000 gallons of wine annually that HB0429 Enrolled - 18 - LRB095 03618 KBJ 23639 b applies for a second-class wine-maker’s license.
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 HB0429 Engrossed - 19 - LRB095 03618 KBJ 23639 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 HB0429 Enrolled - 19 - LRB095 03618 KBJ 23639 b misdemeanor.
(d) A retailer’s license shall allow the licensee to sell HB0429 Engrossed - 20 - LRB095 03618 KBJ 23639 b 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 HB0429 Enrolled - 20 - LRB095 03618 KBJ 23639 b 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.
(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 HB0429 Engrossed - 21 - LRB095 03618 KBJ 23639 b 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 HB0429 Enrolled - 21 - LRB095 03618 KBJ 23639 b 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 alcoholic liquors into this State from any point in the United States outside this State and to store such alcoholic liquors HB0429 Engrossed - 22 - LRB095 03618 KBJ 23639 b 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 HB0429 Enrolled - 22 - LRB095 03618 KBJ 23639 b in this State;
(h) A non-beverage user’s license shall allow the licensee to purchase alcoholic liquor from a licensed manufacturer or HB0429 Engrossed - 23 - LRB095 03618 KBJ 23639 b 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 HB0429 Enrolled - 23 - LRB095 03618 KBJ 23639 b 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:
A wine-maker’s premises license HB0429 Engrossed - 24 - LRB095 03618 KBJ 23639 b 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 HB0429 Enrolled - 24 - LRB095 03618 KBJ 23639 b 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.
and provided further, that airplane licensees exercising the above powers shall be subject HB0429 Engrossed - 25 - LRB095 03618 KBJ 23639 b 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 HB0429 Enrolled - 25 - LRB095 03618 KBJ 23639 b to all provisions of Article VIII of this Act as applied to importing distributors.
(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 HB0429 Engrossed - 26 - LRB095 03618 KBJ 23639 b contact with 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, or who offer to retailers to ship or cause to be shipped or to make HB0429 Enrolled - 26 - LRB095 03618 KBJ 23639 b contact with 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.
HB0429 Engrossed - 27 - LRB095 03618 KBJ 23639 b A broker’s license under this subsection (l) (1) shall not entitle the holder to buy or sell any alcoholic liquors for his own account or to take or deliver title to such alcoholic liquors.
HB0429 Enrolled - 27 - LRB095 03618 KBJ 23639 b A broker’s license under this subsection (l) (1) shall not entitle the holder to buy or sell any alcoholic liquors for his own account or to take or deliver title to such alcoholic liquors.
(n) A brew pub license shall allow the licensee to HB0429 Engrossed - 28 - LRB095 03618 KBJ 23639 b 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 HB0429 Enrolled - 28 - LRB095 03618 KBJ 23639 b 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.
(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, and to sell or offer for sale at retail, only in the premises specified in the license hereby created, the transferred alcoholic liquor for HB0429 Engrossed - 29 - LRB095 03618 KBJ 23639 b use or consumption, but not for resale in any form.
(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, and to sell or offer for sale at retail, only in the premises specified in the license hereby created, the transferred alcoholic liquor for HB0429 Enrolled - 29 - LRB095 03618 KBJ 23639 b use or consumption, but not for resale in any form.
The application form shall include an acknowledgement consenting to the jurisdiction of the 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 HB0429 Engrossed - 30 - LRB095 03618 KBJ 23639 b and the Commission to conduct audits for the purpose of ensuring compliance with this amendatory Act.
The application form shall include an acknowledgement consenting to the jurisdiction of the 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 HB0429 Enrolled - 30 - LRB095 03618 KBJ 23639 b and the Commission to conduct audits for the purpose of ensuring compliance with this amendatory Act.
A winery shipper licensed under this subsection (r) must comply with the requirements of Section 6-29 of this HB0429 Engrossed - 31 - LRB095 03618 KBJ 23639 b amendatory Act.
A winery shipper licensed under this subsection (r) must comply with the requirements of Section 6-29 of this HB0429 Enrolled - 31 - LRB095 03618 KBJ 23639 b amendatory Act.
25 HB0429 Engrossed - 32 - LRB095 03618 KBJ 23639 b For an importing distributor’s license ........
25 HB0429 Enrolled - 32 - LRB095 03618 KBJ 23639 b For an importing distributor’s license ........
180 For an airplane license, times the HB0429 Engrossed - 33 - LRB095 03618 KBJ 23639 b 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 ..........
180 For an airplane license, times the HB0429 Enrolled - 33 - LRB095 03618 KBJ 23639 b 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 ..........
The amount credited to each licensee shall be a proportion of the balance in the Dram Fund that is the same as the proportion of the license fee paid by the licensee under this Section for the period in which the balance was HB0429 Engrossed - 34 - LRB095 03618 KBJ 23639 b accumulated to the aggregate fees paid by all licensees during that period.
The amount credited to each licensee shall be a proportion of the balance in the Dram Fund that is the same as the proportion of the license fee paid by the licensee under this Section for the period in which the balance was HB0429 Enrolled - 34 - LRB095 03618 KBJ 23639 b accumulated to the aggregate fees paid by all licensees during that period.
(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 HB0429 Engrossed - 35 - LRB095 03618 KBJ 23639 b such person be issued a 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 HB0429 Enrolled - 35 - LRB095 03618 KBJ 23639 b such person be issued a distiller’s license or a wine manufacturer’s license;
(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 HB0429 Engrossed - 36 - LRB095 03618 KBJ 23639 b 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 HB0429 Enrolled - 36 - LRB095 03618 KBJ 23639 b 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;
Nothing herein contained shall apply to such distillers or their subsidiaries or affiliates, who had a distributor’s or importing distributor’s license during the licensing period ending June 30, 1947, which license was owned in whole by such HB0429 Engrossed - 37 - LRB095 03618 KBJ 23639 b distiller, or subsidiaries or affiliates of such distiller.
Nothing herein contained shall apply to such distillers or their subsidiaries or affiliates, who had a distributor’s or importing distributor’s license during the licensing period ending June 30, 1947, which license was owned in whole by such HB0429 Enrolled - 37 - LRB095 03618 KBJ 23639 b distiller, or subsidiaries or affiliates of such distiller.
(i) to any hotel, motel or restaurant whose principal business is not the sale of alcoholic liquors if said retailer’s sales of any alcoholic liquors manufactured, sold, distributed or controlled, directly or indirectly, by any HB0429 Engrossed - 38 - LRB095 03618 KBJ 23639 b affiliate, subsidiary, officer, associate, member, partner, representative, employee, agent or shareholder owning more than 5% of the outstanding shares of such person does not exceed 10% of the total alcoholic liquor sales of said retail licensee;
(i) to any hotel, motel or restaurant whose principal business is not the sale of alcoholic liquors if said retailer’s sales of any alcoholic liquors manufactured, sold, distributed or controlled, directly or indirectly, by any HB0429 Enrolled - 38 - LRB095 03618 KBJ 23639 b affiliate, subsidiary, officer, associate, member, partner, representative, employee, agent or shareholder owning more than 5% of the outstanding shares of such person does not exceed 10% of the total alcoholic liquor sales of said retail licensee;
(1) To authorize direct shipment of wine by an out-of-state maker of wine on the same basis permitted an HB0429 Engrossed - 39 - LRB095 03618 KBJ 23639 b in-state maker of wine pursuant to the authority of the State under the provisions of Section 2 of the Twenty-First Amendment to the United States Constitution and in conformance with the United States Supreme Court decision decided on May 16, 2005 in Granholm v.
(1) To authorize direct shipment of wine by an out-of-state maker of wine on the same basis permitted an HB0429 Enrolled - 39 - LRB095 03618 KBJ 23639 b in-state maker of wine pursuant to the authority of the State under the provisions of Section 2 of the Twenty-First Amendment to the United States Constitution and in conformance with the United States Supreme Court decision decided on May 16, 2005 in Granholm v.
(5) To provide that, in the event that a court of competent jurisdiction declares or finds that this HB0429 Engrossed - 40 - LRB095 03618 KBJ 23639 b Section, which is enacted to conform Illinois law to the United States Supreme Court decision, is invalid or unconstitutional, the Illinois General Assembly at its earliest general session shall conduct hearings and study methods to conform to any directive or order of the court consistent with the temperance and revenue collection purposes of this Act.
(5) To provide that, in the event that a court of competent jurisdiction declares or finds that this HB0429 Enrolled - 40 - LRB095 03618 KBJ 23639 b Section, which is enacted to conform Illinois law to the United States Supreme Court decision, is invalid or unconstitutional, the Illinois General Assembly at its earliest general session shall conduct hearings and study methods to conform to any directive or order of the court consistent with the temperance and revenue collection purposes of this Act.
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At the expense of the licensee, the licensee shall receive a delivery confirmation from the express company, common carrier, or contract carrier indicating the location of the delivery, time of delivery, and HB0429 Engrossed - 41 - LRB095 03618 KBJ 23639 b the name and signature of the individual 21 years of age or older who accepts delivery.
At the expense of the licensee, the licensee shall receive a delivery confirmation from the express company, common carrier, or contract carrier indicating the location of the delivery, time of delivery, and HB0429 Enrolled - 41 - LRB095 03618 KBJ 23639 b the name and signature of the individual 21 years of age or older who accepts delivery.
86-1483.) HB0429 Engrossed - 42 - LRB095 03618 KBJ 23639 b (235 ILCS 5/6-29.1) Sec.
86-1483.) HB0429 Enrolled - 42 - LRB095 03618 KBJ 23639 b (235 ILCS 5/6-29.1) Sec.
(2) Minimizing automobile accidents and fatalities, domestic violence, health problems, loss of productivity, unemployment, and other social problems associated with dependency and improvident, use of alcoholic beverages remains the policy of Illinois.
(2) Minimizing automobile accidents and fatalities, domestic violence, health problems, loss of productivity, unemployment, and other social problems associated with dependency and improvident use of alcoholic beverages remains the policy of Illinois.
(5) Therefore, the paramount purpose of this amendatory Act is to continue to carefully limit direct HB0429 Engrossed - 43 - LRB095 03618 KBJ 23639 b shipment sales of wine produced by makers of wine and to continue to prohibit such direct shipment sales for spirits and beer.
(5) Therefore, the paramount purpose of this amendatory Act is to continue to carefully limit direct HB0429 Enrolled - 43 - LRB095 03618 KBJ 23639 b shipment sales of wine produced by makers of wine and to continue to prohibit such direct shipment sales for spirits and beer.
Any person manufacturing, distributing, or selling alcoholic liquor who knowingly ships or transports or causes the shipping or transportation of any alcoholic liquor from a point outside this State to a person in this State who does not hold a manufacturer’s, distributor’s, importing distributor’s, or non-resident dealer’s license issued by the Liquor Control Commission, other than a shipment of sacramental wine to a bona HB0429 Engrossed - 44 - LRB095 03618 KBJ 23639 b fide religious organization, a shipment authorized by Section 6-29, subparagraph (17) of Section 3-12, or any other shipment authorized by this Act, is in violation of this Act.
Any person manufacturing, distributing, or selling alcoholic liquor who knowingly ships or transports or causes the shipping or transportation of any alcoholic liquor from a point outside this State to a person in this State who does not hold a manufacturer’s, distributor’s, importing distributor’s, or non-resident dealer’s license issued by the Liquor Control Commission, other than a shipment of sacramental wine to a bona HB0429 Enrolled - 44 - LRB095 03618 KBJ 23639 b fide religious organization, a shipment authorized by Section 6-29, subparagraph (17) of Section 3-12, or any other shipment authorized by this Act, is in violation of this Act.
The General Assembly recognizes that courts established pursuant to the Constitution of the HB0429 Engrossed - 45 - LRB095 03618 KBJ 23639 b United States and the Constitution of the State of Illinois construe statutory provisions dealing with judicial interpretation, severability, and partial invalidity by determining whether the legislative intent was to enforce the remainder of the law enacted in the event of a judicial determination of partial invalidity.
The General Assembly recognizes that courts established pursuant to the Constitution of the HB0429 Enrolled - 45 - LRB095 03618 KBJ 23639 b United States and the Constitution of the State of Illinois construe statutory provisions dealing with judicial interpretation, severability, and partial invalidity by determining whether the legislative intent was to enforce the remainder of the law enacted in the event of a judicial determination of partial invalidity.
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Action History

  1. Public Act . . . . . . . . . 95-0634

  2. Effective Date June 1, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 049-005-002

  7. Added as Alternate Chief Co-Sponsor Sen. John O. Jones

  8. Placed on Calendar Order of 3rd Reading August 7, 2007

  9. Second Reading

  10. Placed on Calendar Order of 2nd Reading August 6, 2007

  11. Do Pass Executive; 011-001-000

  12. Rule 2-10 Third Reading Deadline Established As December 31, 2007

  13. Rule 2-10 Committee Deadline Established As December 31, 2007

  14. Assigned to Executive

  15. Added as Alternate Chief Co-Sponsor Sen. Michael Noland

  16. Added as Alternate Chief Co-Sponsor Sen. James F. Clayborne, Jr.

  17. Added as Alternate Chief Co-Sponsor Sen. Terry Link

  18. Referred to Rules

  19. First Reading

  20. Chief Senate Sponsor Sen. Ira I. Silverstein

  21. Placed on Calendar Order of First Reading

  22. Arrive in Senate

  23. Third Reading - Extended Debate - Passed 092-006-002

  24. Added Co-Sponsor Rep. Cynthia Soto

  25. Added Co-Sponsor Rep. Susana A Mendoza

  26. Placed on Calendar Order of 3rd Reading - Extended Debate

  27. Removed from Short Debate Status

  28. Final Action Deadline Extended-9(b) June 8, 2007

  29. Final Action Deadline Extended-9(b) May 31, 2007

  30. Final Action Deadline Extended-9(b) May 25, 2007

  31. Added Co-Sponsor Rep. Aaron Schock

  32. Third Reading/Final Action Deadline Extended-9(b) May 18, 2007

  33. House Floor Amendment No. 2 Fiscal Note Filed as Amended

  34. Third Reading/Final Action Deadline Extended-9(b) May 10, 2007

  35. House Floor Amendment No. 2 Home Rule Note Filed as Amended

  36. House Floor Amendment No. 2 Pension Note Filed as Amended

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

  38. House Floor Amendment No. 2 Adopted by Voice Vote

  39. House Floor Amendment No. 1 Withdrawn by Rep. Edward J. Acevedo

  40. House Floor Amendment No. 2 State Mandates Fiscal Note Filed as Amended

  41. House Floor Amendment No. 2 State Debt Impact Note Filed as Amended

  42. House Floor Amendment No. 2 Fiscal Note Filed as Amended

  43. House Floor Amendment No. 2 Correctional Note Filed as Amended

  44. House Floor Amendment No. 2 Housing Affordability Impact Note Filed as Amended

  45. House Floor Amendment No. 2 Balanced Budget Note Filed as Amended

  46. House Floor Amendment No. 2 Judicial Note Filed as Amended

  47. House Floor Amendment No. 3 Recommends Be Adopted - Lost Consumer Protection Committee; 001-010-000

  48. House Floor Amendment No. 2 Recommends Be Adopted Consumer Protection Committee; 010-001-000

  49. House Floor Amendment No. 2 Rules Refers to Consumer Protection Committee

  50. House Floor Amendment No. 3 Rules Refers to Consumer Protection Committee

  51. Third Reading/Final Action Deadline Extended-9(b) May 3, 2007

  52. Added Co-Sponsor Rep. Ed Sullivan, Jr.

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

  54. Second Reading - Short Debate

  55. House Floor Amendment No. 3 Referred to Rules Committee

  56. House Floor Amendment No. 3 Filed with Clerk by Rep. Julie Hamos

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

  58. House Floor Amendment No. 2 Filed with Clerk by Rep. Lou Lang

  59. Removed Co-Sponsor Rep. Jay C. Hoffman

  60. Added Chief Co-Sponsor Rep. Jay C. Hoffman

  61. Removed Co-Sponsor Rep. Brent Hassert

  62. Added Chief Co-Sponsor Rep. Brent Hassert

  63. Added Chief Co-Sponsor Rep. Lou Lang

  64. Removed Co-Sponsor Rep. Marlow H. Colvin

  65. Added Chief Co-Sponsor Rep. Marlow H. Colvin

  66. House Floor Amendment No. 1 Recommends Be Adopted Consumer Protection Committee; 009-001-001

  67. House Floor Amendment No. 1 Rules Refers to Consumer Protection Committee

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

  69. House Floor Amendment No. 1 Filed with Clerk by Rep. Edward J. Acevedo

  70. Fiscal Note Filed

  71. Placed on Calendar 2nd Reading - Short Debate

  72. Do Pass / Short Debate Consumer Protection Committee; 011-000-001

  73. Assigned to Consumer Protection Committee

  74. Referred to Rules Committee

  75. First Reading

  76. Co-Sponsor Rep. Jay C. Hoffman

  77. Co-Sponsor Rep. Brent Hassert

  78. Co-Sponsor Rep. Dan Reitz

  79. Co-Sponsor Rep. Marlow H. Colvin

  80. Filed with the Clerk by Rep. Edward J. Acevedo

Sponsors

  • Edward J. Acevedo · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Edward J. Acevedo

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 49 Yea · 5 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 40504
Democrat 8001
Republican 1000
Total 49505
% of votes cast 83%8%0%8%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Link — Yea
Maloney — Yea
Noland — Yea
Peterson — Yea
Silverstein — Yea
Trotter — Yea
Viverito — Yea
Brady — Yea
Sullivan — Yea
Munoz — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Clayborne — Yea
Crotty — Yea
Dahl — Yea
Forby — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Demuzio — Yea
Kotowski — Yea
Lauzen — Nay
Cullerton — Nay
Meeks — Not Voting
Schoenberg — Nay
Sieben — Nay
Wilhelmi — Yea
Cronin — Not Voting
DeLeo — Yea
Dillard — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Not Voting
Rutherford — Yea
Sandoval — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Not Voting
Bomke — Yea
Bond — Yea
Burzynski — Yea
Millner — Yea
Frerichs — Yea
Garrett — Nay
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 92 Yea · 6 Nay · 20 Other
Party YeaNayPresentNot Voting
Unaffiliated 815019
Republican 4000
Democrat 7101
Total 926020
% of votes cast 78%5%0%17%
How each member voted (118)
Member Party Vote
Munson — Yea
Nekritz — Not Voting
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
Reitz — Yea
Mathias — Yea
McAuliffe — Yea
Lyons — Yea
McCarthy — Yea
Meyer — Yea
Moffitt — Yea
Molaro — Yea
Myers — Yea
Schock — Yea
Sommer — Yea
Tryon — Yea
McGuire — Yea
Turner — Yea
Verschoore — Yea
Bradley, John — Yea
Wait — Yea
Washington — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Sullivan — Yea
Hannig — Yea
Harris — Yea
Hernandez — Yea
Watson — Yea
Howard — Yea
Cole — Yea
Dugan — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Froehlich — Yea
Golar — Yea
Granberg — Yea
Hassert — Yea
Holbrook — Yea
Davis, Monique — Yea
Madigan — Yea
May — Nay
Mulligan — Nay
Patterson — Not Voting
Pihos — Yea
Bradley, Richard — Not Voting
Scully — Not Voting
Burke — Not Voting
Winters — Yea
Yarbrough — Not Voting
Younge — Not Voting
Coladipietro — Nay
Colvin — Not Voting
Coulson — Not Voting
Cross — Yea
Cultra — Yea
Currie — Nay
D'Amico — Yea
Dunkin — Not Voting
Dunn — Not Voting
Fritchey — Not Voting
Graham — Not Voting
Hamos — Nay
Jakobsson — Yea
Kosel — Not Voting
Osmond — Yea
Osterman — Not Voting
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Not Voting
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Not Voting
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Not Voting
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Mendoza — Yea
Gordon — Not Voting
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Not Voting
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Nay
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 429 do?
Amends the Liquor Control Act of 1934. Sets forth additional duties of the Illinois Liquor Control Commission concerning direct wine shipments. Provides for a direct wine shipper's license. Deletes provisions (i) permitting first-class and second-class wine-maker licensees to sell wine directly to retailers and (ii) prohibiting the issuance of more than one first-class or second-class wine-maker's license to any person, firm, partnership, corporation, or other legal entity. Changes the description of a second-class wine-maker's license to allow the manufacture of between 50,000 and 150,000 gallons of wine per year (now, 50,000 to 100,000 gallons). Provides that 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 150,000 gallons (now, 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. Requires wine-maker premises licensees and limited wine manufacturer licensees to secure liquor liability insurance. Provides that a direct wine shipper licensee may ship, for personal use and not for resale, not more than 12 cases of wine per year to any resident of this State who is 21 years of age or older, such sale to be considered a sale in this State. Requires that a shipping container used in such shipment be clearly labeled with specific language, the label being designed or approved by the State Commission. Prohibits the shipment of any alcoholic beverage to any person in Illinois not licensed as a distributor, importing distributor, foreign importer, manufacturer, or non-resident dealer or not shipped pursuant to the provisions of this Act. Makes other changes. Effective July 1, 2007.
Who sponsors HB 429?
HB 429 is sponsored by Edward J. Acevedo.
What is the current status of HB 429?
This bill has been enacted into law. Introduced January 26, 2007. Enacted.
Where can I track HB 429?
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