LIQUOR-THIRD-CLASS WINE-MAKERS

Illinois General Assembly - Full Text of HB3172

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3172

Introduced 2/18/2025, by Rep. Theresa Mah

SYNOPSIS AS INTRODUCED:

235 ILCS 5/1-3.12

from Ch. 43, par. 95.12
235 ILCS 5/1-3.40
235 ILCS 5/3-12
235 ILCS 5/5-1

from Ch. 43, par. 115
235 ILCS 5/5-3

from Ch. 43, par. 118

Amends the Liquor Control Act of 1934. Establishes a third-class
wine-makers license. Provides that a third-class wine-makers license
allows the manufacture of up to 250,000 gallons of wine per year and the
storage and sale of such wine to distributors in this State and to persons
without the State, as may be permitted by law. Provides that a person who
has a third-class wine-maker's license and annually produces less than
250,000 gallons of wine may make application to the Illinois Liquor
Control Commission for a self-distribution exemption to allow the sale of
not more than 25,000 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 that sell
beer, cider, mead, or any combination thereof to non-licensees at their
breweries. Provides that a wine-maker's premises license shall allow a
licensee who concurrently holds a third-class wine-maker's license to sell
and offer for sale at retail in the premises specified in such license up
to 250,000 gallons of the third-class wine-maker's wine that is made at the
third-class wine-maker's licensed premises per year for use or consumption
but not for resale in any form. Provides that a wine-maker's premises
license shall allow the licensee to sell and offer for sale at up to 3
(instead of 2) additional locations for use and consumption and not for
resale. Sets forth licensing fees for a third-class wine-maker and for a
fourth location of a wine-maker's premises license.
LRB104 08306 RPS 18357 b

A BILL FOR

HB3172
LRB104 08306 RPS 18357 b
1

AN ACT concerning liquor.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Liquor Control Act of 1934 is amended by
5
changing Sections 1-3.12, 1-3.40, 3-12, 5-1, and 5-3 as
6
follows:

7

(235 ILCS 5/1-3.12)

(from Ch. 43, par. 95.12)
8

Sec. 1-3.12.
"Wine-maker" means a person engaged in the
9
making of less than 50,000 gallons of wine annually other than
10
a person issued a Second Class wine-maker's license
or a
11
third-class wine-maker's license
.
12
(Source: P.A. 92-378, eff. 8-16-01.)

13

(235 ILCS 5/1-3.40)
14

Sec. 1-3.40.
Manufacturer class license holder.
15
"Manufacturer class license holder" means any holder of a
16
Manufacturer's license as provided in Section 5-1 of this Act.
17
The Manufacturer's licenses are: a Class 1. Distiller, a Class
18
2. Rectifier, a Class 3. Brewer, a Class 4. First Class Wine
19
Manufacturer, a Class 5. Second Class Wine Manufacturer, a
20
Class 6. First Class Winemaker, a Class 7. Second Class
21
Winemaker, a Class 8. Limited Wine Manufacturer, a Class 9.
22
Craft Distiller, a Class 10. Class 1 Craft Distiller, a Class

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1
11. Class 2 Craft Distiller, a Class 12. Class 1 Brewer,
and
a
2
Class 13. Class 2 Brewer,
a Class 14. Third-Class Wine-Maker,

3
and any future Manufacturer's licenses established by law.
4
(Source: P.A. 101-482, eff. 8-23-19; 101-615, eff. 12-20-19.)

5

(235 ILCS 5/3-12)
6

Sec. 3-12.
Powers and duties of State Commission.
7

(a) The State Commission shall have the following powers,
8
functions, and duties:
9

(1) To receive applications and to issue licenses to
10

manufacturers, foreign importers, importing distributors,
11

distributors, non-resident dealers, on premise consumption
12

retailers, off premise sale retailers, special event
13

retailer licensees, special use permit licenses, auction
14

liquor licenses, brew pubs, caterer retailers,
15

non-beverage users, railroads, including owners and
16

lessees of sleeping, dining and cafe cars, airplanes,
17

boats, brokers, and wine maker's premises licensees in
18

accordance with the provisions of this Act, and to suspend
19

or revoke such licenses upon the State Commission's
20

determination, upon notice after hearing, that a licensee
21

has violated any provision of this Act or any rule or
22

regulation issued pursuant thereto and in effect for 30
23

days prior to such violation. Except in the case of an
24

action taken pursuant to a violation of Section 6-3, 6-5,
25

or 6-9, any action by the State Commission to suspend or

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1

revoke a licensee's license may be limited to the license
2

for the specific premises where the violation occurred. An
3

action for a violation of this Act shall be commenced by
4

the State Commission within 2 years after the date the
5

State Commission becomes aware of the violation.
6

In lieu of suspending or revoking a license, the
7

commission may impose a fine, upon the State Commission's
8

determination and notice after hearing, that a licensee
9

has violated any provision of this Act or any rule or
10

regulation issued pursuant thereto and in effect for 30
11

days prior to such violation.
12

For the purpose of this paragraph (1), when
13

determining multiple violations for the sale of alcohol to
14

a person under the age of 21, a second or subsequent
15

violation for the sale of alcohol to a person under the age
16

of 21 shall only be considered if it was committed within 5
17

years after the date when a prior violation for the sale of
18

alcohol to a person under the age of 21 was committed.
19

The fine imposed under this paragraph may not exceed
20

$500 for each violation. Each day that the activity, which
21

gave rise to the original fine, continues is a separate
22

violation. The maximum fine that may be levied against any
23

licensee, for the period of the license, shall not exceed
24

$20,000. The maximum penalty that may be imposed on a
25

licensee for selling a bottle of alcoholic liquor with a
26

foreign object in it or serving from a bottle of alcoholic

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1

liquor with a foreign object in it shall be the
2

destruction of that bottle of alcoholic liquor for the
3

first 10 bottles so sold or served from by the licensee.
4

For the eleventh bottle of alcoholic liquor and for each
5

third bottle thereafter sold or served from by the
6

licensee with a foreign object in it, the maximum penalty
7

that may be imposed on the licensee is the destruction of
8

the bottle of alcoholic liquor and a fine of up to $50.
9

Any notice issued by the State Commission to a
10

licensee for a violation of this Act or any notice with
11

respect to settlement or offer in compromise shall include
12

the field report, photographs, and any other supporting
13

documentation necessary to reasonably inform the licensee
14

of the nature and extent of the violation or the conduct
15

alleged to have occurred. The failure to include such
16

required documentation shall result in the dismissal of
17

the action.
18

(2) To adopt such rules and regulations consistent
19

with the provisions of this Act which shall be necessary
20

to carry on its functions and duties to the end that the
21

health, safety and welfare of the People of the State of
22

Illinois shall be protected and temperance in the
23

consumption of alcoholic liquors shall be fostered and
24

promoted and to distribute copies of such rules and
25

regulations to all licensees affected thereby.
26

(3) To call upon other administrative departments of

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the State, county and municipal governments, county and
2

city police departments and upon prosecuting officers for
3

such information and assistance as it deems necessary in
4

the performance of its duties.
5

(4) To recommend to local commissioners rules and
6

regulations, not inconsistent with the law, for the
7

distribution and sale of alcoholic liquors throughout the
8

State.
9

(5) To inspect, or cause to be inspected, any premises
10

in this State where alcoholic liquors are manufactured,
11

distributed, warehoused, or sold. Nothing in this Act
12

authorizes an agent of the State Commission to inspect
13

private areas within the premises without reasonable
14

suspicion or a warrant during an inspection. "Private
15

areas" include, but are not limited to, safes, personal
16

property, and closed desks.
17

(5.1) Upon receipt of a complaint or upon having
18

knowledge that any person is engaged in business as a
19

manufacturer, importing distributor, distributor, or
20

retailer without a license or valid license, to conduct an
21

investigation. If, after conducting an investigation, the
22

State Commission is satisfied that the alleged conduct
23

occurred or is occurring, it may issue a cease and desist
24

notice as provided in this Act, impose civil penalties as
25

provided in this Act, notify the local liquor authority,
26

or file a complaint with the State's Attorney's Office of

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the county where the incident occurred or the Attorney
2

General.
3

(5.2) Upon receipt of a complaint or upon having
4

knowledge that any person is shipping alcoholic liquor
5

into this State from a point outside of this State if the
6

shipment is in violation of this Act, to conduct an
7

investigation. If, after conducting an investigation, the
8

State Commission is satisfied that the alleged conduct
9

occurred or is occurring, it may issue a cease and desist
10

notice as provided in this Act, impose civil penalties as
11

provided in this Act, notify the foreign jurisdiction, or
12

file a complaint with the State's Attorney's Office of the
13

county where the incident occurred or the Attorney
14

General.
15

(5.3) To receive complaints from licensees, local
16

officials, law enforcement agencies, organizations, and
17

persons stating that any licensee has been or is violating
18

any provision of this Act or the rules and regulations
19

issued pursuant to this Act. Such complaints shall be in
20

writing, signed and sworn to by the person making the
21

complaint, and shall state with specificity the facts in
22

relation to the alleged violation. If the State Commission
23

has reasonable grounds to believe that the complaint
24

substantially alleges a violation of this Act or rules and
25

regulations adopted pursuant to this Act, it shall conduct
26

an investigation. If, after conducting an investigation,

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LRB104 08306 RPS 18357 b
1

the State Commission is satisfied that the alleged
2

violation did occur, it shall proceed with disciplinary
3

action against the licensee as provided in this Act.
4

(5.4) To make arrests and issue notices of civil
5

violations where necessary for the enforcement of this
6

Act.
7

(5.5) To investigate any and all unlicensed activity.
8

(5.6) To impose civil penalties or fines to any person
9

who, without holding a valid license, engages in conduct
10

that requires a license pursuant to this Act, in an amount
11

not to exceed $20,000 for each offense as determined by
12

the State Commission. A civil penalty shall be assessed by
13

the State Commission after a hearing is held in accordance
14

with the provisions set forth in this Act regarding the
15

provision of a hearing for the revocation or suspension of
16

a license.
17

(6) To hear and determine appeals from orders of a
18

local commission in accordance with the provisions of this
19

Act, as hereinafter set forth. Hearings under this
20

subsection shall be held in Springfield or Chicago, at
21

whichever location is the more convenient for the majority
22

of persons who are parties to the hearing.
23

(7) The State Commission shall establish uniform
24

systems of accounts to be kept by all retail licensees
25

having more than 4 employees, and for this purpose the
26

State Commission may classify all retail licensees having

HB3172
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LRB104 08306 RPS 18357 b
1

more than 4 employees and establish a uniform system of
2

accounts for each class and prescribe the manner in which
3

such accounts shall be kept. The State Commission may also
4

prescribe the forms of accounts to be kept by all retail
5

licensees having more than 4 employees, including, but not
6

limited to, accounts of earnings and expenses and any
7

distribution, payment, or other distribution of earnings
8

or assets, and any other forms, records, and memoranda
9

which in the judgment of the commission may be necessary
10

or appropriate to carry out any of the provisions of this
11

Act, including, but not limited to, such forms, records,
12

and memoranda as will readily and accurately disclose at
13

all times the beneficial ownership of such retail licensed
14

business. The accounts, forms, records, and memoranda
15

shall be available at all reasonable times for inspection
16

by authorized representatives of the State Commission or
17

by any local liquor control commissioner or his or her
18

authorized representative. The commission may, from time
19

to time, alter, amend, or repeal, in whole or in part, any
20

uniform system of accounts, or the form and manner of
21

keeping accounts.
22

(8) In the conduct of any hearing authorized to be
23

held by the State Commission, to appoint, at the
24

commission's discretion, hearing officers to conduct
25

hearings involving complex issues or issues that will
26

require a protracted period of time to resolve, to

HB3172
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LRB104 08306 RPS 18357 b
1

examine, or cause to be examined, under oath, any
2

licensee, and to examine or cause to be examined the books
3

and records of such licensee; to hear testimony and take
4

proof material for its information in the discharge of its
5

duties hereunder; to administer or cause to be
6

administered oaths; for any such purpose to issue subpoena
7

or subpoenas to require the attendance of witnesses and
8

the production of books, which shall be effective in any
9

part of this State, and to adopt rules to implement its
10

powers under this paragraph (8).
11

Any circuit court may, by order duly entered, require
12

the attendance of witnesses and the production of relevant
13

books subpoenaed by the State Commission and the court may
14

compel obedience to its order by proceedings for contempt.
15

(9) To investigate the administration of laws in
16

relation to alcoholic liquors in this and other states and
17

any foreign countries, and to recommend from time to time
18

to the Governor and through him or her to the legislature
19

of this State, such amendments to this Act, if any, as it
20

may think desirable and as will serve to further the
21

general broad purposes contained in Section 1-2 hereof.
22

(10) To adopt such rules and regulations consistent
23

with the provisions of this Act which shall be necessary
24

for the control, sale, or disposition of alcoholic liquor
25

damaged as a result of an accident, wreck, flood, fire, or
26

other similar occurrence.

HB3172
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LRB104 08306 RPS 18357 b
1

(11) To develop industry educational programs related
2

to responsible serving and selling, particularly in the
3

areas of overserving consumers and illegal underage
4

purchasing and consumption of alcoholic beverages.
5

(11.1) To license persons providing education and
6

training to alcohol beverage sellers and servers for
7

mandatory and non-mandatory training under the Beverage
8

Alcohol Sellers and Servers Education and Training
9

(BASSET) programs and to develop and administer a public
10

awareness program in Illinois to reduce or eliminate the
11

illegal purchase and consumption of alcoholic beverage
12

products by persons under the age of 21. Application for a
13

license shall be made on forms provided by the State
14

Commission.
15

(12) To develop and maintain a repository of license
16

and regulatory information.
17

(13) (Blank).
18

(14) On or before April 30, 2008 and every 2 years
19

thereafter, the State Commission shall present a written
20

report to the Governor and the General Assembly that shall
21

be based on a study of the impact of Public Act 95-634 on
22

the business of soliciting, selling, and shipping wine
23

from inside and outside of this State directly to
24

residents of this State. As part of its report, the State
25

Commission shall provide all of the following information:
26

(A) The amount of State excise and sales tax

HB3172
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LRB104 08306 RPS 18357 b
1

revenues generated.
2

(B) The amount of licensing fees received.
3

(C) The number of cases of wine shipped from
4

inside and outside of this State directly to residents
5

of this State.
6

(D) The number of alcohol compliance operations
7

conducted.
8

(E) The number of winery shipper's licenses
9

issued.
10

(F) The number of each of the following: reported
11

violations; cease and desist notices issued by the
12

Commission; notices of violations issued by the
13

Commission and to the Department of Revenue; and
14

notices and complaints of violations to law
15

enforcement officials, including, without limitation,
16

the Illinois Attorney General and the U.S. Department
17

of Treasury's Alcohol and Tobacco Tax and Trade
18

Bureau.
19

(15) As a means to reduce the underage consumption of
20

alcoholic liquors, the State Commission shall conduct
21

alcohol compliance operations to investigate whether
22

businesses that are soliciting, selling, and shipping wine
23

from inside or outside of this State directly to residents
24

of this State are licensed by this State or are selling or
25

attempting to sell wine to persons under 21 years of age in
26

violation of this Act.

HB3172
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LRB104 08306 RPS 18357 b
1

(16) The State Commission shall, in addition to
2

notifying any appropriate law enforcement agency, submit
3

notices of complaints or violations of Sections 6-29 and
4

6-29.1 by persons who do not hold a winery shipper's
5

license under this Act to the Illinois Attorney General
6

and to the U.S. Department of Treasury's Alcohol and
7

Tobacco Tax and Trade Bureau.
8

(17)(A) A person licensed to make wine under the laws
9

of another state who has a winery shipper's license under
10

this Act and annually produces less than 25,000 gallons of
11

wine or a person who has a first-class or second-class
12

wine manufacturer's license, a first-class or second-class
13

wine-maker's license, or a limited wine manufacturer's
14

license under this Act and annually produces less than
15

25,000 gallons of wine may make application to the
16

Commission for a self-distribution exemption to allow the
17

sale of not more than 5,000 gallons of the exemption
18

holder's wine to retail licensees per year and to sell
19

cider, mead, or both cider and mead to brewers, class 1
20

brewers, class 2 brewers, and class 3 brewers that,
21

pursuant to subsection (e) of Section 6-4 of this Act,
22

sell beer, cider, mead, or any combination thereof to
23

non-licensees at their breweries.
24

(B) In the application, which shall be sworn under
25

penalty of perjury, such person shall state (1) the date
26

it was established; (2) its volume of production and sales

HB3172
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LRB104 08306 RPS 18357 b
1

for each year since its establishment; (3) its efforts to
2

establish distributor relationships; (4) that a
3

self-distribution exemption is necessary to facilitate the
4

marketing of its wine; and (5) that it will comply with the
5

liquor and revenue laws of the United States, this State,
6

and any other state where it is licensed.
7

(C) The State Commission shall approve the application
8

for a self-distribution exemption if such person: (1) is
9

in compliance with State revenue and liquor laws; (2) is
10

not a member of any affiliated group that produces
11

directly or indirectly more than 25,000 gallons of wine
12

per annum, 930,000 gallons of beer per annum, or 50,000
13

gallons of spirits per annum; (3) will not annually
14

produce for sale more than 25,000 gallons of wine, 930,000
15

gallons of beer, or 50,000 gallons of spirits; and (4)
16

will not annually sell more than 5,000 gallons of its wine
17

to retail licensees.
18

(D) A self-distribution exemption holder shall
19

annually certify to the State Commission its production of
20

wine in the previous 12 months and its anticipated
21

production and sales for the next 12 months. The State
22

Commission may fine, suspend, or revoke a
23

self-distribution exemption after a hearing if it finds
24

that the exemption holder has made a material
25

misrepresentation in its application, violated a revenue
26

or liquor law of Illinois, exceeded production of 25,000

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1

gallons of wine, 930,000 gallons of beer, or 50,000
2

gallons of spirits in any calendar year, or become part of
3

an affiliated group producing more than 25,000 gallons of
4

wine, 930,000 gallons of beer, or 50,000 gallons of
5

spirits.
6

(E) Except in hearings for violations of this Act or
7

Public Act 95-634 or a bona fide investigation by duly
8

sworn law enforcement officials, the State Commission, or
9

its agents, the State Commission shall maintain the
10

production and sales information of a self-distribution
11

exemption holder as confidential and shall not release
12

such information to any person.
13

(F) The State Commission shall issue regulations
14

governing self-distribution exemptions consistent with
15

this Section and this Act.
16

(G) Nothing in this paragraph (17) shall prohibit a
17

self-distribution exemption holder from entering into or
18

simultaneously having a distribution agreement with a
19

licensed Illinois distributor.
20

(H) It is the intent of this paragraph (17) to promote
21

and continue orderly markets. The General Assembly finds
22

that, in order to preserve Illinois' regulatory
23

distribution system, it is necessary to create an
24

exception for smaller makers of wine as their wines are
25

frequently adjusted in varietals, mixes, vintages, and
26

taste to find and create market niches sometimes too small

HB3172
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LRB104 08306 RPS 18357 b
1

for distributor or importing distributor business
2

strategies. Limited self-distribution rights will afford
3

and allow smaller makers of wine access to the marketplace
4

in order to develop a customer base without impairing the
5

integrity of the 3-tier system.
6

(17.5)(A) A person who has a third-class wine-maker's
7

license and annually produces less than 250,000 gallons of
8

wine may make application to the Commission for a
9

self-distribution exemption to allow the sale of not more
10

than 25,000 gallons of the exemption holder's wine to
11

retail licensees per year and to sell cider, mead, or both
12

cider and mead to brewers, class 1 brewers, class 2
13

brewers, and class 3 brewers that, pursuant to subsection
14

(e) of Section 6-4 of this Act, sell beer, cider, mead, or
15

any combination thereof to non-licensees at their
16

breweries.
17

(B) In the application, which shall be sworn under
18

penalty of perjury, such person shall state (1) the date
19

it was established; (2) its volume of production and sales
20

for each year since its establishment; (3) its efforts to
21

establish distributor relationships; (4) that a
22

self-distribution exemption is necessary to facilitate the
23

marketing of its wine; and (5) that it will comply with the
24

liquor and revenue laws of the United States, this State,
25

and any other state where it is licensed.
26

(C) The State Commission shall approve the application

HB3172
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LRB104 08306 RPS 18357 b
1

for a self-distribution exemption if such person: (1) is
2

in compliance with State revenue and liquor laws; (2) is
3

not a member of any affiliated group that produces
4

directly or indirectly more than 250,000 gallons of wine
5

per annum, 930,000 gallons of beer per annum, or 50,000
6

gallons of spirits per annum; (3) will not annually
7

produce for sale more than 250,000 gallons of wine,
8

930,000 gallons of beer, or 50,000 gallons of spirits; and
9

(4) will not annually sell more than 25,000 gallons of its
10

wine to retail licensees.
11

(D) A self-distribution exemption holder shall
12

annually certify to the State Commission its production of
13

wine in the previous 12 months and its anticipated
14

production and sales for the next 12 months. The State
15

Commission may fine, suspend, or revoke a
16

self-distribution exemption after a hearing if it finds
17

that the exemption holder has made a material
18

misrepresentation in its application, violated a revenue
19

or liquor law of Illinois, exceeded production of 250,000
20

gallons of wine, 930,000 gallons of beer, or 50,000
21

gallons of spirits in any calendar year, or become part of
22

an affiliated group producing more than 250,000 gallons of
23

wine, 930,000 gallons of beer, or 50,000 gallons of
24

spirits.
25

(E) Except in hearings for violations of this Act or
26

Public Act 95-634 or a bona fide investigation by duly

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1

sworn law enforcement officials, the State Commission, or
2

its agents, the State Commission shall maintain the
3

production and sales information of a self-distribution
4

exemption holder as confidential and shall not release
5

such information to any person.
6

(F) The State Commission shall issue regulations
7

governing self-distribution exemptions consistent with
8

this Section and this Act.
9

(G) Nothing in this paragraph (17.5) shall prohibit a
10

self-distribution exemption holder from entering into or
11

simultaneously having a distribution agreement with a
12

licensed Illinois distributor.
13

(H) It is the intent of this paragraph (17.5) to
14

promote and continue orderly markets. The General Assembly
15

finds that, in order to preserve Illinois' regulatory
16

distribution system, it is necessary to create an
17

exception for smaller makers of wine as their wines are
18

frequently adjusted in varietals, mixes, vintages, and
19

taste to find and create market niches sometimes too small
20

for distributor or importing distributor business
21

strategies. Limited self-distribution rights will afford
22

and allow smaller makers of wine access to the marketplace
23

in order to develop a customer base without impairing the
24

integrity of the 3-tier system.

25

(18)(A) A class 1 brewer licensee, who must also be
26

either a licensed brewer or licensed non-resident dealer

HB3172
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LRB104 08306 RPS 18357 b
1

and annually manufacture less than 930,000 gallons of
2

beer, may make application to the State Commission for a
3

self-distribution exemption to allow the sale of not more
4

than 232,500 gallons per year of the exemption holder's
5

beer to retail licensees and to brewers, class 1 brewers,
6

and class 2 brewers that, pursuant to subsection (e) of
7

Section 6-4 of this Act, sell beer, cider, mead, or any
8

combination thereof to non-licensees at their breweries.
9

(B) In the application, which shall be sworn under
10

penalty of perjury, the class 1 brewer licensee shall
11

state (1) the date it was established; (2) its volume of
12

beer manufactured and sold for each year since its
13

establishment; (3) its efforts to establish distributor
14

relationships; (4) that a self-distribution exemption is
15

necessary to facilitate the marketing of its beer; and (5)
16

that it will comply with the alcoholic beverage and
17

revenue laws of the United States, this State, and any
18

other state where it is licensed.
19

(C) Any application submitted shall be posted on the
20

State Commission's website at least 45 days prior to
21

action by the State Commission. The State Commission shall
22

approve the application for a self-distribution exemption
23

if the class 1 brewer licensee: (1) is in compliance with
24

the State, revenue, and alcoholic beverage laws; (2) is
25

not a member of any affiliated group that manufactures,
26

directly or indirectly, more than 930,000 gallons of beer

HB3172
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LRB104 08306 RPS 18357 b
1

per annum, 25,000 gallons of wine per annum, or 50,000
2

gallons of spirits per annum; (3) shall not annually
3

manufacture for sale more than 930,000 gallons of beer,
4

25,000 gallons of wine, or 50,000 gallons of spirits; (4)
5

shall not annually sell more than 232,500 gallons of its
6

beer to retail licensees and class 3 brewers and to
7

brewers, class 1 brewers, and class 2 brewers that,
8

pursuant to subsection (e) of Section 6-4 of this Act,
9

sell beer, cider, mead, or any combination thereof to
10

non-licensees at their breweries; and (5) has relinquished
11

any brew pub license held by the licensee, including any
12

ownership interest it held in the licensed brew pub.
13

(D) A self-distribution exemption holder shall
14

annually certify to the State Commission its manufacture
15

of beer during the previous 12 months and its anticipated
16

manufacture and sales of beer for the next 12 months. The
17

State Commission may fine, suspend, or revoke a
18

self-distribution exemption after a hearing if it finds
19

that the exemption holder has made a material
20

misrepresentation in its application, violated a revenue
21

or alcoholic beverage law of Illinois, exceeded the
22

manufacture of 930,000 gallons of beer, 25,000 gallons of
23

wine, or 50,000 gallons of spirits in any calendar year or
24

became part of an affiliated group manufacturing more than
25

930,000 gallons of beer, 25,000 gallons of wine, or 50,000
26

gallons of spirits.

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LRB104 08306 RPS 18357 b
1

(E) The State Commission shall issue rules and
2

regulations governing self-distribution exemptions
3

consistent with this Act.
4

(F) Nothing in this paragraph (18) shall prohibit a
5

self-distribution exemption holder from entering into or
6

simultaneously having a distribution agreement with a
7

licensed Illinois importing distributor or a distributor.
8

If a self-distribution exemption holder enters into a
9

distribution agreement and has assigned distribution
10

rights to an importing distributor or distributor, then
11

the self-distribution exemption holder's distribution
12

rights in the assigned territories shall cease in a
13

reasonable time not to exceed 60 days.
14

(G) It is the intent of this paragraph (18) to promote
15

and continue orderly markets. The General Assembly finds
16

that in order to preserve Illinois' regulatory
17

distribution system, it is necessary to create an
18

exception for smaller manufacturers in order to afford and
19

allow such smaller manufacturers of beer access to the
20

marketplace in order to develop a customer base without
21

impairing the integrity of the 3-tier system.
22

(19)(A) A class 1 craft distiller licensee or a
23

non-resident dealer who manufactures less than 50,000
24

gallons of distilled spirits per year may make application
25

to the State Commission for a self-distribution exemption
26

to allow the sale of not more than 5,000 gallons of the

HB3172
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LRB104 08306 RPS 18357 b
1

exemption holder's spirits to retail licensees per year.
2

(B) In the application, which shall be sworn under
3

penalty of perjury, the class 1 craft distiller licensee
4

or non-resident dealer shall state (1) the date it was
5

established; (2) its volume of spirits manufactured and
6

sold for each year since its establishment; (3) its
7

efforts to establish distributor relationships; (4) that a
8

self-distribution exemption is necessary to facilitate the
9

marketing of its spirits; and (5) that it will comply with
10

the alcoholic beverage and revenue laws of the United
11

States, this State, and any other state where it is
12

licensed.
13

(C) Any application submitted shall be posted on the
14

State Commission's website at least 45 days prior to
15

action by the State Commission. The State Commission shall
16

approve the application for a self-distribution exemption
17

if the applicant: (1) is in compliance with State revenue
18

and alcoholic beverage laws; (2) is not a member of any
19

affiliated group that produces more than 50,000 gallons of
20

spirits per annum, 930,000 gallons of beer per annum, or
21

25,000 gallons of wine per annum; (3) does not annually
22

manufacture for sale more than 50,000 gallons of spirits,
23

930,000 gallons of beer, or 25,000 gallons of wine; and
24

(4) does not annually sell more than 5,000 gallons of its
25

spirits to retail licensees.
26

(D) A self-distribution exemption holder shall

HB3172
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LRB104 08306 RPS 18357 b
1

annually certify to the State Commission its manufacture
2

of spirits during the previous 12 months and its
3

anticipated manufacture and sales of spirits for the next
4

12 months. The State Commission may fine, suspend, or
5

revoke a self-distribution exemption after a hearing if it
6

finds that the exemption holder has made a material
7

misrepresentation in its application, violated a revenue
8

or alcoholic beverage law of Illinois, exceeded the
9

manufacture of 50,000 gallons of spirits, 930,000 gallons
10

of beer, or 25,000 gallons of wine in any calendar year, or
11

has become part of an affiliated group manufacturing more
12

than 50,000 gallons of spirits, 930,000 gallons of beer,
13

or 25,000 gallons of wine.
14

(E) The State Commission shall adopt rules governing
15

self-distribution exemptions consistent with this Act.
16

(F) Nothing in this paragraph (19) shall prohibit a
17

self-distribution exemption holder from entering into or
18

simultaneously having a distribution agreement with a
19

licensed Illinois importing distributor or a distributor.
20

(G) It is the intent of this paragraph (19) to promote
21

and continue orderly markets. The General Assembly finds
22

that in order to preserve Illinois' regulatory
23

distribution system, it is necessary to create an
24

exception for smaller manufacturers in order to afford and
25

allow such smaller manufacturers of spirits access to the
26

marketplace in order to develop a customer base without

HB3172
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LRB104 08306 RPS 18357 b
1

impairing the integrity of the 3-tier system.
2

(20)(A) A class 3 brewer licensee who must manufacture
3

less than 465,000 gallons of beer in the aggregate and not
4

more than 155,000 gallons at any single brewery premises
5

may make application to the State Commission for a
6

self-distribution exemption to allow the sale of not more
7

than 6,200 gallons of beer from each in-state or
8

out-of-state class 3 brewery premises, which shall not
9

exceed 18,600 gallons annually in the aggregate, that is
10

manufactured at a wholly owned class 3 brewer's in-state
11

or out-of-state licensed premises to retail licensees and
12

class 3 brewers and to brewers, class 1 brewers, class 2
13

brewers that, pursuant to subsection (e) of Section 6-4,
14

sell beer, cider, or both beer and cider to non-licensees
15

at their licensed breweries.
16

(B) In the application, which shall be sworn under
17

penalty of perjury, the class 3 brewer licensee shall
18

state:
19

(1) the date it was established;
20

(2) its volume of beer manufactured and sold for
21

each year since its establishment;
22

(3) its efforts to establish distributor
23

relationships;
24

(4) that a self-distribution exemption is
25

necessary to facilitate the marketing of its beer; and
26

(5) that it will comply with the alcoholic

HB3172
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LRB104 08306 RPS 18357 b
1

beverage and revenue laws of the United States, this
2

State, and any other state where it is licensed.
3

(C) Any application submitted shall be posted on the
4

State Commission's website at least 45 days before action
5

by the State Commission. The State Commission shall
6

approve the application for a self-distribution exemption
7

if the class 3 brewer licensee: (1) is in compliance with
8

the State, revenue, and alcoholic beverage laws; (2) is
9

not a member of any affiliated group that manufacturers,
10

directly or indirectly, more than 465,000 gallons of beer
11

per annum; (3) shall not annually manufacture for sale
12

more than 465,000 gallons of beer or more than 155,000
13

gallons at any single brewery premises; and (4) shall not
14

annually sell more than 6,200 gallons of beer from each
15

in-state or out-of-state class 3 brewery premises, and
16

shall not exceed 18,600 gallons annually in the aggregate,
17

to retail licensees and class 3 brewers and to brewers,
18

class 1 brewers, and class 2 brewers that, pursuant to
19

subsection (e) of Section 6-4 of this Act, sell beer,
20

cider, or both beer and cider to non-licensees at their
21

breweries.
22

(D) A self-distribution exemption holder shall
23

annually certify to the State Commission its manufacture
24

of beer during the previous 12 months and its anticipated
25

manufacture and sales of beer for the next 12 months. The
26

State Commission may fine, suspend, or revoke a

HB3172
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LRB104 08306 RPS 18357 b
1

self-distribution exemption after a hearing if it finds
2

that the exemption holder has made a material
3

misrepresentation in its application, violated a revenue
4

or alcoholic beverage law of Illinois, exceeded the
5

manufacture of 465,000 gallons of beer in any calendar
6

year or became part of an affiliated group manufacturing
7

more than 465,000 gallons of beer, or exceeded the sale to
8

retail licensees, brewers, class 1 brewers, class 2
9

brewers, and class 3 brewers of 6,200 gallons per brewery
10

location or 18,600 gallons in the aggregate.
11

(E) The State Commission may adopt rules governing
12

self-distribution exemptions consistent with this Act.
13

(F) Nothing in this paragraph shall prohibit a
14

self-distribution exemption holder from entering into or
15

simultaneously having a distribution agreement with a
16

licensed Illinois importing distributor or a distributor.
17

If a self-distribution exemption holder enters into a
18

distribution agreement and has assigned distribution
19

rights to an importing distributor or distributor, then
20

the self-distribution exemption holder's distribution
21

rights in the assigned territories shall cease in a
22

reasonable time not to exceed 60 days.
23

(G) It is the intent of this paragraph to promote and
24

continue orderly markets. The General Assembly finds that
25

in order to preserve Illinois' regulatory distribution
26

system, it is necessary to create an exception for smaller

HB3172
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LRB104 08306 RPS 18357 b
1

manufacturers in order to afford and allow such smaller
2

manufacturers of beer access to the marketplace in order
3

to develop a customer base without impairing the integrity
4

of the 3-tier system.
5

(b) On or before April 30, 1999, the Commission shall
6
present a written report to the Governor and the General
7
Assembly that shall be based on a study of the impact of Public
8
Act 90-739 on the business of soliciting, selling, and
9
shipping alcoholic liquor from outside of this State directly
10
to residents of this State.
11

As part of its report, the Commission shall provide the
12
following information:
13

(i) the amount of State excise and sales tax revenues
14

generated as a result of Public Act 90-739;
15

(ii) the amount of licensing fees received as a result
16

of Public Act 90-739;
17

(iii) the number of reported violations, the number of
18

cease and desist notices issued by the Commission, the
19

number of notices of violations issued to the Department
20

of Revenue, and the number of notices and complaints of
21

violations to law enforcement officials.
22
(Source: P.A. 101-37, eff. 7-3-19; 101-81, eff. 7-12-19;
23
101-482, eff. 8-23-19; 102-442, eff. 8-20-21; 102-558, eff.
24
8-20-21; 102-813, eff. 5-13-22.)

25

(235 ILCS 5/5-1)

(from Ch. 43, par. 115)

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LRB104 08306 RPS 18357 b
1

Sec. 5-1.
Licenses issued by the Illinois Liquor Control
2
Commission shall be of the following classes:
3

(a) Manufacturer's license - Class 1. Distiller, Class 2.
4
Rectifier, Class 3. Brewer, Class 4. First Class Wine
5
Manufacturer, Class 5. Second Class Wine Manufacturer, Class
6
6. First Class Winemaker, Class 7. Second Class Winemaker,
7
Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
8
Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft
9
Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
10
Class 14. Class 3 Brewer,
Class 15. Third-Class Wine-Maker,

11

(b) Distributor's license,
12

(c) Importing Distributor's license,
13

(d) Retailer's license,
14

(e) Special Event Retailer's license (not-for-profit),
15

(f) Railroad license,
16

(g) Boat license,
17

(h) Non-Beverage User's license,
18

(i) Wine-maker's premises license,
19

(j) Airplane license,
20

(k) Foreign importer's license,
21

(l) Broker's license,
22

(m) Non-resident dealer's license,
23

(n) Brew Pub license,
24

(o) Auction liquor license,
25

(p) Caterer retailer license,
26

(q) Special use permit license,

HB3172
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LRB104 08306 RPS 18357 b
1

(r) Winery shipper's license,
2

(s) Craft distiller tasting permit,
3

(t) Brewer warehouse permit,
4

(u) Distilling pub license,
5

(v) Craft distiller warehouse permit,
6

(w) Beer showcase permit.
7

No person, firm, partnership, corporation, or other legal
8
business entity that is engaged in the manufacturing of wine
9
may concurrently obtain and hold a wine-maker's license and a
10
wine manufacturer's license.
11

(a) A manufacturer's license shall allow the manufacture,
12
importation in bulk, storage, distribution and sale of
13
alcoholic liquor to persons without the State, as may be
14
permitted by law and to licensees in this State as follows:
15

Class 1. A Distiller may make sales and deliveries of
16
alcoholic liquor to distillers, rectifiers, importing
17
distributors, distributors and non-beverage users and to no
18
other licensees.
19

Class 2. A Rectifier, who is not a distiller, as defined
20
herein, may make sales and deliveries of alcoholic liquor to
21
rectifiers, importing distributors, distributors, retailers
22
and non-beverage users and to no other licensees.
23

Class 3. A Brewer may make sales and deliveries of beer to
24
importing distributors and distributors and may make sales as
25
authorized under subsection (e) of Section 6-4 of this Act,
26
including any alcoholic liquor that subsection (e) of Section

HB3172
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LRB104 08306 RPS 18357 b
1
6-4 authorizes a brewer to sell in its original package only to
2
a non-licensee for pick-up by a non-licensee either within the
3
interior of the brewery premises or at outside of the brewery
4
premises at a curb-side or parking lot adjacent to the brewery
5
premises, subject to any local ordinance.
6

Class 4. A first class wine-manufacturer may make sales
7
and deliveries of up to 50,000 gallons of wine to
8
manufacturers, importing distributors and distributors, and to
9
no other licensees. If a first-class wine-manufacturer
10
manufactures beer, it shall also obtain and shall only be
11
eligible for, in addition to any current license, a class 1
12
brewer license, shall not manufacture more than 930,000
13
gallons of beer per year, and shall not be a member of or
14
affiliated with, directly or indirectly, a manufacturer that
15
produces more than 930,000 gallons of beer per year. If the
16
first-class wine-manufacturer manufactures spirits, it shall
17
also obtain and shall only be eligible for, in addition to any
18
current license, a class 1 craft distiller license, shall not
19
manufacture more than 50,000 gallons of spirits per year, and
20
shall not be a member of or affiliated with, directly or
21
indirectly, a manufacturer that produces more than 50,000
22
gallons of spirits per year. A first-class wine-manufacturer
23
shall be permitted to sell wine manufactured at the
24
first-class wine-manufacturer premises to non-licensees.
25

Class 5. A second class Wine manufacturer may make sales
26
and deliveries of more than 50,000 gallons of wine to

HB3172
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LRB104 08306 RPS 18357 b
1
manufacturers, importing distributors and distributors and to
2
no other licensees.
3

Class 6. A first-class wine-maker's license shall allow
4
the manufacture of up to 50,000 gallons of wine per year, and
5
the storage and sale of such wine to distributors in the State
6
and to persons without the State, as may be permitted by law. A
7
person who, prior to June 1, 2008 (the effective date of Public
8
Act 95-634), is a holder of a first-class wine-maker's license
9
and annually produces more than 25,000 gallons of its own wine
10
and who distributes its wine to licensed retailers shall cease
11
this practice on or before July 1, 2008 in compliance with
12
Public Act 95-634. If a first-class wine-maker manufactures
13
beer, it shall also obtain and shall only be eligible for, in
14
addition to any current license, a class 1 brewer license,
15
shall not manufacture more than 930,000 gallons of beer per
16
year, and shall not be a member of or affiliated with, directly
17
or indirectly, a manufacturer that produces more than 930,000
18
gallons of beer per year. If the first-class wine-maker
19
manufactures spirits, it shall also obtain and shall only be
20
eligible for, in addition to any current license, a class 1
21
craft distiller license, shall not manufacture more than
22
50,000 gallons of spirits per year, and shall not be a member
23
of or affiliated with, directly or indirectly, a manufacturer
24
that produces more than 50,000 gallons of spirits per year. A
25
first-class wine-maker holding a class 1 brewer license or a
26
class 1 craft distiller license shall not be eligible for a

HB3172
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LRB104 08306 RPS 18357 b
1
wine-maker's premises license but shall be permitted to sell
2
wine manufactured at the first-class wine-maker premises to
3
non-licensees.
4

Class 7. A second-class wine-maker's license shall allow
5
the manufacture of up to 150,000 gallons of wine per year, and
6
the storage and sale of such wine to distributors in this State
7
and to persons without the State, as may be permitted by law. A
8
person who, prior to June 1, 2008 (the effective date of Public
9
Act 95-634), is a holder of a second-class wine-maker's
10
license and annually produces more than 25,000 gallons of its
11
own wine and who distributes its wine to licensed retailers
12
shall cease this practice on or before July 1, 2008 in
13
compliance with Public Act 95-634. If a second-class
14
wine-maker manufactures beer, it shall also obtain and shall
15
only be eligible for, in addition to any current license, a
16
class 2 brewer license, shall not manufacture more than
17
3,720,000 gallons of beer per year, and shall not be a member
18
of or affiliated with, directly or indirectly, a manufacturer
19
that produces more than 3,720,000 gallons of beer per year. If
20
a second-class wine-maker manufactures spirits, it shall also
21
obtain and shall only be eligible for, in addition to any
22
current license, a class 2 craft distiller license, shall not
23
manufacture more than 100,000 gallons of spirits per year, and
24
shall not be a member of or affiliated with, directly or
25
indirectly, a manufacturer that produces more than 100,000
26
gallons of spirits per year.

HB3172
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LRB104 08306 RPS 18357 b
1

Class 8. A limited wine-manufacturer may make sales and
2
deliveries not to exceed 40,000 gallons of wine per year to
3
distributors, and to non-licensees in accordance with the
4
provisions of this Act.
5

Class 9. A craft distiller license, which may only be held
6
by a class 1 craft distiller licensee or class 2 craft
7
distiller licensee but not held by both a class 1 craft
8
distiller licensee and a class 2 craft distiller licensee,
9
shall grant all rights conveyed by either: (i) a class 1 craft
10
distiller license if the craft distiller holds a class 1 craft
11
distiller license; or (ii) a class 2 craft distiller licensee
12
if the craft distiller holds a class 2 craft distiller
13
license.
14

Class 10. A class 1 craft distiller license, which may
15
only be issued to a licensed craft distiller or licensed
16
non-resident dealer, shall allow the manufacture of up to
17
50,000 gallons of spirits per year provided that the class 1
18
craft distiller licensee does not manufacture more than a
19
combined 50,000 gallons of spirits per year and is not a member
20
of or affiliated with, directly or indirectly, a manufacturer
21
that produces more than 50,000 gallons of spirits per year. If
22
a class 1 craft distiller manufactures beer, it shall also
23
obtain and shall only be eligible for, in addition to any
24
current license, a class 1 brewer license, shall not
25
manufacture more than 930,000 gallons of beer per year, and
26
shall not be a member of or affiliated with, directly or

HB3172
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LRB104 08306 RPS 18357 b
1
indirectly, a manufacturer that produces more than 930,000
2
gallons of beer per year. If a class 1 craft distiller
3
manufactures wine, it shall also obtain and shall only be
4
eligible for, in addition to any current license, a
5
first-class wine-manufacturer license or a first-class
6
wine-maker's license, shall not manufacture more than 50,000
7
gallons of wine per year, and shall not be a member of or
8
affiliated with, directly or indirectly, a manufacturer that
9
produces more than 50,000 gallons of wine per year. A class 1
10
craft distiller licensee may make sales and deliveries to
11
importing distributors and distributors and to retail
12
licensees in accordance with the conditions set forth in
13
paragraph (19) of subsection (a) of Section 3-12 of this Act.
14
However, the aggregate amount of spirits sold to non-licensees
15
and sold or delivered to retail licensees may not exceed 5,000
16
gallons per year.
17

A class 1 craft distiller licensee may sell up to 5,000
18
gallons of such spirits to non-licensees to the extent
19
permitted by any exemption approved by the State Commission
20
pursuant to Section 6-4 of this Act. A class 1 craft distiller
21
license holder may store such spirits at a non-contiguous
22
licensed location, but at no time shall a class 1 craft
23
distiller license holder directly or indirectly produce in the
24
aggregate more than 50,000 gallons of spirits per year.
25

A class 1 craft distiller licensee may hold more than one
26
class 1 craft distiller's license. However, a class 1 craft

HB3172
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LRB104 08306 RPS 18357 b
1
distiller that holds more than one class 1 craft distiller
2
license shall not manufacture, in the aggregate, more than
3
50,000 gallons of spirits by distillation per year and shall
4
not sell, in the aggregate, more than 5,000 gallons of such
5
spirits to non-licensees in accordance with an exemption
6
approved by the State Commission pursuant to Section 6-4 of
7
this Act.
8

Class 11. A class 2 craft distiller license, which may
9
only be issued to a licensed craft distiller or licensed
10
non-resident dealer, shall allow the manufacture of up to
11
100,000 gallons of spirits per year provided that the class 2
12
craft distiller licensee does not manufacture more than a
13
combined 100,000 gallons of spirits per year and is not a
14
member of or affiliated with, directly or indirectly, a
15
manufacturer that produces more than 100,000 gallons of
16
spirits per year. If a class 2 craft distiller manufactures
17
beer, it shall also obtain and shall only be eligible for, in
18
addition to any current license, a class 2 brewer license,
19
shall not manufacture more than 3,720,000 gallons of beer per
20
year, and shall not be a member of or affiliated with, directly
21
or indirectly, a manufacturer that produces more than
22
3,720,000 gallons of beer per year. If a class 2 craft
23
distiller manufactures wine, it shall also obtain and shall
24
only be eligible for, in addition to any current license, a
25
second-class wine-maker's license, shall not manufacture more
26
than 150,000 gallons of wine per year, and shall not be a

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member of or affiliated with, directly or indirectly, a
2
manufacturer that produces more than 150,000 gallons of wine
3
per year. A class 2 craft distiller licensee may make sales and
4
deliveries to importing distributors and distributors, but
5
shall not make sales or deliveries to any other licensee. If
6
the State Commission provides prior approval, a class 2 craft
7
distiller licensee may annually transfer up to 100,000 gallons
8
of spirits manufactured by that class 2 craft distiller
9
licensee to the premises of a licensed class 2 craft distiller
10
wholly owned and operated by the same licensee. A class 2 craft
11
distiller may transfer spirits to a distilling pub wholly
12
owned and operated by the class 2 craft distiller subject to
13
the following limitations and restrictions: (i) the transfer
14
shall not annually exceed more than 5,000 gallons; (ii) the
15
annual amount transferred shall reduce the distilling pub's
16
annual permitted production limit; (iii) all spirits
17
transferred shall be subject to Article VIII of this Act; (iv)
18
a written record shall be maintained by the distiller and
19
distilling pub specifying the amount, date of delivery, and
20
receipt of the product by the distilling pub; and (v) the
21
distilling pub shall be located no farther than 80 miles from
22
the class 2 craft distiller's licensed location.
23

A class 2 craft distiller shall, prior to transferring
24
spirits to a distilling pub wholly owned by the class 2 craft
25
distiller, furnish a written notice to the State Commission of
26
intent to transfer spirits setting forth the name and address

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of the distilling pub and shall annually submit to the State
2
Commission a verified report identifying the total gallons of
3
spirits transferred to the distilling pub wholly owned by the
4
class 2 craft distiller.
5

A class 2 craft distiller license holder may store such
6
spirits at a non-contiguous licensed location, but at no time
7
shall a class 2 craft distiller license holder directly or
8
indirectly produce in the aggregate more than 100,000 gallons
9
of spirits per year.
10

Class 12. A class 1 brewer license, which may only be
11
issued to a licensed brewer or licensed non-resident dealer,
12
shall allow the manufacture of up to 930,000 gallons of beer
13
per year provided that the class 1 brewer licensee does not
14
manufacture more than a combined 930,000 gallons of beer per
15
year and is not a member of or affiliated with, directly or
16
indirectly, a manufacturer that produces more than 930,000
17
gallons of beer per year. If a class 1 brewer manufactures
18
spirits, it shall also obtain and shall only be eligible for,
19
in addition to any current license, a class 1 craft distiller
20
license, shall not manufacture more than 50,000 gallons of
21
spirits per year, and shall not be a member of or affiliated
22
with, directly or indirectly, a manufacturer that produces
23
more than 50,000 gallons of spirits per year. If a class 1
24
craft brewer manufactures wine, it shall also obtain and shall
25
only be eligible for, in addition to any current license, a
26
first-class wine-manufacturer license or a first-class

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wine-maker's license, shall not manufacture more than 50,000
2
gallons of wine per year, and shall not be a member of or
3
affiliated with, directly or indirectly, a manufacturer that
4
produces more than 50,000 gallons of wine per year. A class 1
5
brewer licensee may make sales and deliveries to importing
6
distributors and distributors and to retail licensees in
7
accordance with the conditions set forth in paragraph (18) of
8
subsection (a) of Section 3-12 of this Act. If the State
9
Commission provides prior approval, a class 1 brewer may
10
annually transfer up to 930,000 gallons of beer manufactured
11
by that class 1 brewer to the premises of a licensed class 1
12
brewer wholly owned and operated by the same licensee.
13

Class 13. A class 2 brewer license, which may only be
14
issued to a licensed brewer or licensed non-resident dealer,
15
shall allow the manufacture of up to 3,720,000 gallons of beer
16
per year provided that the class 2 brewer licensee does not
17
manufacture more than a combined 3,720,000 gallons of beer per
18
year and is not a member of or affiliated with, directly or
19
indirectly, a manufacturer that produces more than 3,720,000
20
gallons of beer per year. If a class 2 brewer manufactures
21
spirits, it shall also obtain and shall only be eligible for,
22
in addition to any current license, a class 2 craft distiller
23
license, shall not manufacture more than 100,000 gallons of
24
spirits per year, and shall not be a member of or affiliated
25
with, directly or indirectly, a manufacturer that produces
26
more than 100,000 gallons of spirits per year. If a class 2

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craft distiller manufactures wine, it shall also obtain and
2
shall only be eligible for, in addition to any current
3
license, a second-class wine-maker's license, shall not
4
manufacture more than 150,000 gallons of wine per year, and
5
shall not be a member of or affiliated with, directly or
6
indirectly, a manufacturer that produces more than 150,000
7
gallons of wine a year. A class 2 brewer licensee may make
8
sales and deliveries to importing distributors and
9
distributors, but shall not make sales or deliveries to any
10
other licensee. If the State Commission provides prior
11
approval, a class 2 brewer licensee may annually transfer up
12
to 3,720,000 gallons of beer manufactured by that class 2
13
brewer licensee to the premises of a licensed class 2 brewer
14
wholly owned and operated by the same licensee.
15

A class 2 brewer may transfer beer to a brew pub wholly
16
owned and operated by the class 2 brewer subject to the
17
following limitations and restrictions: (i) the transfer shall
18
not annually exceed more than 31,000 gallons; (ii) the annual
19
amount transferred shall reduce the brew pub's annual
20
permitted production limit; (iii) all beer transferred shall
21
be subject to Article VIII of this Act; (iv) a written record
22
shall be maintained by the brewer and brew pub specifying the
23
amount, date of delivery, and receipt of the product by the
24
brew pub; and (v) the brew pub shall be located no farther than
25
80 miles from the class 2 brewer's licensed location.
26

A class 2 brewer shall, prior to transferring beer to a

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brew pub wholly owned by the class 2 brewer, furnish a written
2
notice to the State Commission of intent to transfer beer
3
setting forth the name and address of the brew pub and shall
4
annually submit to the State Commission a verified report
5
identifying the total gallons of beer transferred to the brew
6
pub wholly owned by the class 2 brewer.
7

Class 14. A class 3 brewer license, which may be issued to
8
a brewer or a non-resident dealer, shall allow the manufacture
9
of no more than 465,000 gallons of beer per year and no more
10
than 155,000 gallons at a single brewery premises, and shall
11
allow the sale of no more than 6,200 gallons of beer from each
12
in-state or out-of-state class 3 brewery premises, or 18,600
13
gallons in the aggregate, to retail licensees, class 1
14
brewers, class 2 brewers, and class 3 brewers as long as the
15
class 3 brewer licensee does not manufacture more than a
16
combined 465,000 gallons of beer per year and is not a member
17
of or affiliated with, directly or indirectly, a manufacturer
18
that produces more than 465,000 gallons of beer per year to
19
make sales to importing distributors, distributors, retail
20
licensees, brewers, class 1 brewers, class 2 brewers, and
21
class 3 brewers in accordance with the conditions set forth in
22
paragraph (20) of subsection (a) of Section 3-12. If the State
23
Commission provides prior approval, a class 3 brewer may
24
annually transfer up to 155,000 gallons of beer manufactured
25
by that class 3 brewer to the premises of a licensed class 3
26
brewer wholly owned and operated by the same licensee. A class

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3 brewer shall manufacture beer at the brewer's class 3
2
designated licensed premises, and may sell beer as otherwise
3
provided in this Act.
4

Class 15. A third-class wine-maker's license shall allow
5
the manufacture of up to 250,000 gallons of wine per year and
6
the storage and sale of such wine to distributors in this State
7
and to persons without the State, as may be permitted by law.

8

(a-1) A manufacturer which is licensed in this State to
9
make sales or deliveries of alcoholic liquor to licensed
10
distributors or importing distributors and which enlists
11
agents, representatives, or individuals acting on its behalf
12
who contact licensed retailers on a regular and continual
13
basis in this State must register those agents,
14
representatives, or persons acting on its behalf with the
15
State Commission.
16

Registration of agents, representatives, or persons acting
17
on behalf of a manufacturer is fulfilled by submitting a form
18
to the Commission. The form shall be developed by the
19
Commission and shall include the name and address of the
20
applicant, the name and address of the manufacturer he or she
21
represents, the territory or areas assigned to sell to or
22
discuss pricing terms of alcoholic liquor, and any other
23
questions deemed appropriate and necessary. All statements in
24
the forms required to be made by law or by rule shall be deemed
25
material, and any person who knowingly misstates any material
26
fact under oath in an application is guilty of a Class B

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misdemeanor. Fraud, misrepresentation, false statements,
2
misleading statements, evasions, or suppression of material
3
facts in the securing of a registration are grounds for
4
suspension or revocation of the registration. The State
5
Commission shall post a list of registered agents on the
6
Commission's website.
7

(b) A distributor's license shall allow (i) the wholesale
8
purchase and storage of alcoholic liquors and sale of
9
alcoholic liquors to licensees in this State and to persons
10
without the State, as may be permitted by law; (ii) the sale of
11
beer, cider, mead, or any combination thereof to brewers,
12
class 1 brewers, and class 2 brewers that, pursuant to
13
subsection (e) of Section 6-4 of this Act, sell beer, cider,
14
mead, or any combination thereof to non-licensees at their
15
breweries; (iii) the sale of vermouth to class 1 craft
16
distillers and class 2 craft distillers that, pursuant to
17
subsection (e) of Section 6-4 of this Act, sell spirits,
18
vermouth, or both spirits and vermouth to non-licensees at
19
their distilleries; or (iv) as otherwise provided in this Act.
20
No person licensed as a distributor shall be granted a
21
non-resident dealer's license.
22

(c) An importing distributor's license may be issued to
23
and held by those only who are duly licensed distributors,
24
upon the filing of an application by a duly licensed
25
distributor, with the Commission and the Commission shall,
26
without the payment of any fee, immediately issue such

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1
importing distributor's license to the applicant, which shall
2
allow the importation of alcoholic liquor by the licensee into
3
this State from any point in the United States outside this
4
State, and the purchase of alcoholic liquor in barrels, casks
5
or other bulk containers and the bottling of such alcoholic
6
liquors before resale thereof, but all bottles or containers
7
so filled shall be sealed, labeled, stamped and otherwise made
8
to comply with all provisions, rules and regulations governing
9
manufacturers in the preparation and bottling of alcoholic
10
liquors. The importing distributor's license shall permit such
11
licensee to purchase alcoholic liquor from Illinois licensed
12
non-resident dealers and foreign importers only. No person
13
licensed as an importing distributor shall be granted a
14
non-resident dealer's license.
15

(d) A retailer's license shall allow the licensee to sell
16
and offer for sale at retail, only in the premises specified in
17
the license, alcoholic liquor for use or consumption, but not
18
for resale in any form. Except as provided in Section 6-16,
19
6-29, or 6-29.1, nothing in this Act shall deny, limit,
20
remove, or restrict the ability of a holder of a retailer's
21
license to transfer or ship alcoholic liquor to the purchaser
22
for use or consumption subject to any applicable local law or
23
ordinance. For the purposes of this Section, "shipping" means
24
the movement of alcoholic liquor from a licensed retailer to a
25
consumer via a common carrier. Except as provided in Section
26
6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit,

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remove, or restrict the ability of a holder of a retailer's
2
license to deliver alcoholic liquor to the purchaser for use
3
or consumption. The delivery shall be made only within 12
4
hours from the time the alcoholic liquor leaves the licensed
5
premises of the retailer for delivery. For the purposes of
6
this Section, "delivery" means the movement of alcoholic
7
liquor purchased from a licensed retailer to a consumer
8
through the following methods:
9

(1) delivery within licensed retailer's parking lot,
10

including curbside, for pickup by the consumer;
11

(2) delivery by an owner, officer, director,
12

shareholder, or employee of the licensed retailer; or
13

(3) delivery by a third-party contractor, independent
14

contractor, or agent with whom the licensed retailer has
15

contracted to make deliveries of alcoholic liquors.
16

Under subsection (1), (2), or (3), delivery shall not
17
include the use of common carriers.
18

Any retail license issued to a manufacturer shall only
19
permit the manufacturer to sell beer at retail on the premises
20
actually occupied by the manufacturer. For the purpose of
21
further describing the type of business conducted at a retail
22
licensed premises, a retailer's licensee may be designated by
23
the State Commission as (i) an on premise consumption
24
retailer, (ii) an off premise sale retailer, or (iii) a
25
combined on premise consumption and off premise sale retailer.
26

Except for a municipality with a population of more than

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1
1,000,000 inhabitants, a home rule unit may not regulate the
2
delivery of alcoholic liquor inconsistent with this
3
subsection. This paragraph is a limitation under subsection
4
(i) of Section 6 of Article VII of the Illinois Constitution on
5
the concurrent exercise by home rule units of powers and
6
functions exercised by the State. A non-home rule municipality
7
may not regulate the delivery of alcoholic liquor inconsistent
8
with this subsection.
9

Notwithstanding any other provision of this subsection
10
(d), a retail licensee may sell alcoholic liquors to a special
11
event retailer licensee for resale to the extent permitted
12
under subsection (e).
13

(e) A special event retailer's license (not-for-profit)
14
shall permit the licensee to purchase alcoholic liquors from
15
an Illinois licensed distributor (unless the licensee
16
purchases less than $500 of alcoholic liquors for the special
17
event, in which case the licensee may purchase the alcoholic
18
liquors from a licensed retailer) and shall allow the licensee
19
to sell and offer for sale, at retail, alcoholic liquors for
20
use or consumption, but not for resale in any form and only at
21
the location and on the specific dates designated for the
22
special event in the license. An applicant for a special event
23
retailer license must (i) furnish with the application: (A) a
24
resale number issued under Section 2c of the Retailers'
25
Occupation Tax Act or evidence that the applicant is
26
registered under Section 2a of the Retailers' Occupation Tax

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1
Act, (B) a current, valid exemption identification number
2
issued under Section 1g of the Retailers' Occupation Tax Act,
3
and a certification to the Commission that the purchase of
4
alcoholic liquors will be a tax-exempt purchase, or (C) a
5
statement that the applicant is not registered under Section
6
2a of the Retailers' Occupation Tax Act, does not hold a resale
7
number under Section 2c of the Retailers' Occupation Tax Act,
8
and does not hold an exemption number under Section 1g of the
9
Retailers' Occupation Tax Act, in which event the Commission
10
shall set forth on the special event retailer's license a
11
statement to that effect; (ii) submit with the application
12
proof satisfactory to the State Commission that the applicant
13
will provide dram shop liability insurance in the maximum
14
limits; and (iii) show proof satisfactory to the State
15
Commission that the applicant has obtained local authority
16
approval.
17

Nothing in this Act prohibits an Illinois licensed
18
distributor from offering credit or a refund for unused,
19
salable alcoholic liquors to a holder of a special event
20
retailer's license or the special event retailer's licensee
21
from accepting the credit or refund of alcoholic liquors at
22
the conclusion of the event specified in the license.
23

(f) A railroad license shall permit the licensee to import
24
alcoholic liquors into this State from any point in the United
25
States outside this State and to store such alcoholic liquors
26
in this State; to make wholesale purchases of alcoholic

HB3172
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1
liquors directly from manufacturers, foreign importers,
2
distributors and importing distributors from within or outside
3
this State; and to store such alcoholic liquors in this State;
4
provided that the above powers may be exercised only in
5
connection with the importation, purchase or storage of
6
alcoholic liquors to be sold or dispensed on a club, buffet,
7
lounge or dining car operated on an electric, gas or steam
8
railway in this State; and provided further, that railroad
9
licensees exercising the above powers shall be subject to all
10
provisions of Article VIII of this Act as applied to importing
11
distributors. A railroad license shall also permit the
12
licensee to sell or dispense alcoholic liquors on any club,
13
buffet, lounge or dining car operated on an electric, gas or
14
steam railway regularly operated by a common carrier in this
15
State, but shall not permit the sale for resale of any
16
alcoholic liquors to any licensee within this State. A license
17
shall be obtained for each car in which such sales are made.
18

(g) A boat license shall allow the sale of alcoholic
19
liquor in individual drinks, on any passenger boat regularly
20
operated as a common carrier on navigable waters in this State
21
or on any riverboat operated under the Illinois Gambling Act,
22
which boat or riverboat maintains a public dining room or
23
restaurant thereon.
24

(h) A non-beverage user's license shall allow the licensee
25
to purchase alcoholic liquor from a licensed manufacturer or
26
importing distributor, without the imposition of any tax upon

HB3172
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1
the business of such licensed manufacturer or importing
2
distributor as to such alcoholic liquor to be used by such
3
licensee solely for the non-beverage purposes set forth in
4
subsection (a) of Section 8-1 of this Act, and such licenses
5
shall be divided and classified and shall permit the purchase,
6
possession and use of limited and stated quantities of
7
alcoholic liquor as follows:
8
Class 1, not to exceed
.........................
500 gallons

9
Class 2, not to exceed
.......................
1,000 gallons

10
Class 3, not to exceed
.......................
5,000 gallons

11
Class 4, not to exceed
......................
10,000 gallons

12
Class 5, not to exceed
.......................
50,000 gallons
13

(i) A wine-maker's premises license shall allow a licensee
14
that concurrently holds a first-class wine-maker's license to
15
sell and offer for sale at retail in the premises specified in
16
such license not more than 50,000 gallons of the first-class
17
wine-maker's wine that is made at the first-class wine-maker's
18
licensed premises per year for use or consumption, but not for
19
resale in any form. A wine-maker's premises license shall
20
allow a licensee who concurrently holds a second-class
21
wine-maker's license to sell and offer for sale at retail in
22
the premises specified in such license up to 100,000 gallons
23
of the second-class wine-maker's wine that is made at the
24
second-class wine-maker's licensed premises per year for use
25
or consumption but not for resale in any form.
A wine-maker's
26
premises license shall allow a licensee who concurrently holds

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1
a third-class wine-maker's license to sell and offer for sale
2
at retail in the premises specified in such license up to
3
250,000 gallons of the third-class wine-maker's wine that is
4
made at the third-class wine-maker's licensed premises per
5
year for use or consumption but not for resale in any form.

A
6
first-class wine-maker that concurrently holds a class 1
7
brewer license or a class 1 craft distiller license shall not
8
be eligible to hold a wine-maker's premises license.
A
9
wine-maker's premises license shall allow a licensee that
10
concurrently holds a first-class wine-maker's license
,

or
a
11
second-class wine-maker's license
, or a third-class
12
wine-maker's license
to sell and offer for sale at retail at
13
the premises specified in the wine-maker's premises license,
14
for use or consumption but not for resale in any form, any
15
beer, wine, and spirits purchased from a licensed distributor.
16
Upon approval from the State Commission, a wine-maker's
17
premises license shall allow the licensee to sell and offer
18
for sale at (i) the wine-maker's licensed premises and (ii) at
19
up to
3

2
additional locations for use and consumption and not
20
for resale. Each location shall require additional licensing
21
per location as specified in Section 5-3 of this Act. A
22
wine-maker's premises licensee shall secure liquor liability
23
insurance coverage in an amount at least equal to the maximum
24
liability amounts set forth in subsection (a) of Section 6-21
25
of this Act.
26

(j) An airplane license shall permit the licensee to

HB3172
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1
import alcoholic liquors into this State from any point in the
2
United States outside this State and to store such alcoholic
3
liquors in this State; to make wholesale purchases of
4
alcoholic liquors directly from manufacturers, foreign
5
importers, distributors and importing distributors from within
6
or outside this State; and to store such alcoholic liquors in
7
this State; provided that the above powers may be exercised
8
only in connection with the importation, purchase or storage
9
of alcoholic liquors to be sold or dispensed on an airplane;
10
and provided further, that airplane licensees exercising the
11
above powers shall be subject to all provisions of Article
12
VIII of this Act as applied to importing distributors. An
13
airplane licensee shall also permit the sale or dispensing of
14
alcoholic liquors on any passenger airplane regularly operated
15
by a common carrier in this State, but shall not permit the
16
sale for resale of any alcoholic liquors to any licensee
17
within this State. A single airplane license shall be required
18
of an airline company if liquor service is provided on board
19
aircraft in this State. The annual fee for such license shall
20
be as determined in Section 5-3.
21

(k) A foreign importer's license shall permit such
22
licensee to purchase alcoholic liquor from Illinois licensed
23
non-resident dealers only, and to import alcoholic liquor
24
other than in bulk from any point outside the United States and
25
to sell such alcoholic liquor to Illinois licensed importing
26
distributors and to no one else in Illinois; provided that (i)

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1
the foreign importer registers with the State Commission every
2
brand of alcoholic liquor that it proposes to sell to Illinois
3
licensees during the license period, (ii) the foreign importer
4
complies with all of the provisions of Section 6-9 of this Act
5
with respect to registration of such Illinois licensees as may
6
be granted the right to sell such brands at wholesale, and
7
(iii) the foreign importer complies with the provisions of
8
Sections 6-5 and 6-6 of this Act to the same extent that these
9
provisions apply to manufacturers.
10

(l) (i) A broker's license shall be required of all
11
persons who solicit orders for, offer to sell or offer to
12
supply alcoholic liquor to retailers in the State of Illinois,
13
or who offer to retailers to ship or cause to be shipped or to
14
make contact with distillers, craft distillers, rectifiers,
15
brewers or manufacturers or any other party within or without
16
the State of Illinois in order that alcoholic liquors be
17
shipped to a distributor, importing distributor or foreign
18
importer, whether such solicitation or offer is consummated
19
within or without the State of Illinois.
20

No holder of a retailer's license issued by the Illinois
21
Liquor Control Commission shall purchase or receive any
22
alcoholic liquor, the order for which was solicited or offered
23
for sale to such retailer by a broker unless the broker is the
24
holder of a valid broker's license.
25

The broker shall, upon the acceptance by a retailer of the
26
broker's solicitation of an order or offer to sell or supply or

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1
deliver or have delivered alcoholic liquors, promptly forward
2
to the Illinois Liquor Control Commission a notification of
3
said transaction in such form as the Commission may by
4
regulations prescribe.
5

(ii) A broker's license shall be required of a person
6
within this State, other than a retail licensee, who, for a fee
7
or commission, promotes, solicits, or accepts orders for
8
alcoholic liquor, for use or consumption and not for resale,
9
to be shipped from this State and delivered to residents
10
outside of this State by an express company, common carrier,
11
or contract carrier. This Section does not apply to any person
12
who promotes, solicits, or accepts orders for wine as
13
specifically authorized in Section 6-29 of this Act.
14

A broker's license under this subsection (l) shall not
15
entitle the holder to buy or sell any alcoholic liquors for his
16
own account or to take or deliver title to such alcoholic
17
liquors.
18

This subsection (l) shall not apply to distributors,
19
employees of distributors, or employees of a manufacturer who
20
has registered the trademark, brand or name of the alcoholic
21
liquor pursuant to Section 6-9 of this Act, and who regularly
22
sells such alcoholic liquor in the State of Illinois only to
23
its registrants thereunder.
24

Any agent, representative, or person subject to
25
registration pursuant to subsection (a-1) of this Section
26
shall not be eligible to receive a broker's license.

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1

(m) A non-resident dealer's license shall permit such
2
licensee to ship into and warehouse alcoholic liquor into this
3
State from any point outside of this State, and to sell such
4
alcoholic liquor to Illinois licensed foreign importers and
5
importing distributors and to no one else in this State;
6
provided that (i) said non-resident dealer shall register with
7
the Illinois Liquor Control Commission each and every brand of
8
alcoholic liquor which it proposes to sell to Illinois
9
licensees during the license period, (ii) it shall comply with
10
all of the provisions of Section 6-9 hereof with respect to
11
registration of such Illinois licensees as may be granted the
12
right to sell such brands at wholesale by duly filing such
13
registration statement, thereby authorizing the non-resident
14
dealer to proceed to sell such brands at wholesale, and (iii)
15
the non-resident dealer shall comply with the provisions of
16
Sections 6-5 and 6-6 of this Act to the same extent that these
17
provisions apply to manufacturers. No person licensed as a
18
non-resident dealer shall be granted a distributor's or
19
importing distributor's license.
20

(n) A brew pub license shall allow the licensee to only (i)
21
manufacture up to 155,000 gallons of beer per year only on the
22
premises specified in the license, (ii) make sales of the beer
23
manufactured on the premises or, with the approval of the
24
Commission, beer manufactured on another brew pub licensed
25
premises that is wholly owned and operated by the same
26
licensee to importing distributors, distributors, and to

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1
non-licensees for use and consumption, (iii) store the beer
2
upon the premises, (iv) sell and offer for sale at retail from
3
the licensed premises for off-premises consumption no more
4
than 155,000 gallons per year so long as such sales are only
5
made in-person, (v) sell and offer for sale at retail for use
6
and consumption on the premises specified in the license any
7
form of alcoholic liquor purchased from a licensed distributor
8
or importing distributor, (vi) with the prior approval of the
9
Commission, annually transfer no more than 155,000 gallons of
10
beer manufactured on the premises to a licensed brew pub
11
wholly owned and operated by the same licensee, and (vii)
12
notwithstanding item (i) of this subsection, brew pubs wholly
13
owned and operated by the same licensee may combine each
14
location's production limit of 155,000 gallons of beer per
15
year and allocate the aggregate total between the wholly
16
owned, operated, and licensed locations.
17

A brew pub licensee shall not under any circumstance sell
18
or offer for sale beer manufactured by the brew pub licensee to
19
retail licensees.
20

A person who holds a class 2 brewer license may
21
simultaneously hold a brew pub license if the class 2 brewer
22
(i) does not, under any circumstance, sell or offer for sale
23
beer manufactured by the class 2 brewer to retail licensees;
24
(ii) does not hold more than 3 brew pub licenses in this State;
25
(iii) does not manufacture more than a combined 3,720,000
26
gallons of beer per year, including the beer manufactured at

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1
the brew pub; and (iv) is not a member of or affiliated with,
2
directly or indirectly, a manufacturer that produces more than
3
3,720,000 gallons of beer per year or any other alcoholic
4
liquor.
5

Notwithstanding any other provision of this Act, a
6
licensed brewer, class 2 brewer, or non-resident dealer who
7
before July 1, 2015 manufactured less than 3,720,000 gallons
8
of beer per year and held a brew pub license on or before July
9
1, 2015 may (i) continue to qualify for and hold that brew pub
10
license for the licensed premises and (ii) manufacture more
11
than 3,720,000 gallons of beer per year and continue to
12
qualify for and hold that brew pub license if that brewer,
13
class 2 brewer, or non-resident dealer does not simultaneously
14
hold a class 1 brewer license and is not a member of or
15
affiliated with, directly or indirectly, a manufacturer that
16
produces more than 3,720,000 gallons of beer per year or that
17
produces any other alcoholic liquor.
18

A brew pub licensee may apply for a class 3 brewer license
19
and, upon meeting all applicable qualifications of this Act
20
and relinquishing all commonly owned brew pub or retail
21
licenses, shall be issued a class 3 brewer license. Nothing in
22
this Act shall prohibit the issuance of a class 3 brewer
23
license if the applicant:
24

(1) has a valid retail license on or before May 1,
25

2021;
26

(2) has an ownership interest in at least two brew

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1

pubs licenses on or before May 1, 2021;
2

(3) the brew pub licensee applies for a class 3 brewer
3

license on or before October 1, 2022 and relinquishes all
4

commonly owned brew pub licenses; and
5

(4) relinquishes all commonly owned retail licenses on
6

or before December 31, 2022.
7

If a brew pub licensee is issued a class 3 brewer license,
8
the class 3 brewer license shall expire on the same date as the
9
existing brew pub license and the State Commission shall not
10
require a class 3 brewer licensee to obtain a brewer license,
11
or in the alternative to pay a fee for a brewer license, until
12
the date the brew pub license of the applicant would have
13
expired.
14

(o) A caterer retailer license shall allow the holder to
15
serve alcoholic liquors as an incidental part of a food
16
service that serves prepared meals which excludes the serving
17
of snacks as the primary meal, either on or off-site whether
18
licensed or unlicensed. A caterer retailer license shall allow
19
the holder, a distributor, or an importing distributor to
20
transfer any inventory to and from the holder's retail
21
premises and shall allow the holder to purchase alcoholic
22
liquor from a distributor or importing distributor to be
23
delivered directly to an off-site event.
24

Nothing in this Act prohibits a distributor or importing
25
distributor from offering credit or a refund for unused,
26
salable beer to a holder of a caterer retailer license or a

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caterer retailer licensee from accepting a credit or refund
2
for unused, salable beer, in the event an act of God is the
3
sole reason an off-site event is cancelled and if: (i) the
4
holder of a caterer retailer license has not transferred
5
alcoholic liquor from its caterer retailer premises to an
6
off-site location; (ii) the distributor or importing
7
distributor offers the credit or refund for the unused,
8
salable beer that it delivered to the off-site premises and
9
not for any unused, salable beer that the distributor or
10
importing distributor delivered to the caterer retailer's
11
premises; and (iii) the unused, salable beer would likely
12
spoil if transferred to the caterer retailer's premises. A
13
caterer retailer license shall allow the holder to transfer
14
any inventory from any off-site location to its caterer
15
retailer premises at the conclusion of an off-site event or
16
engage a distributor or importing distributor to transfer any
17
inventory from any off-site location to its caterer retailer
18
premises at the conclusion of an off-site event, provided that
19
the distributor or importing distributor issues bona fide
20
charges to the caterer retailer licensee for fuel, labor, and
21
delivery and the distributor or importing distributor collects
22
payment from the caterer retailer licensee prior to the
23
distributor or importing distributor transferring inventory to
24
the caterer retailer premises.
25

For purposes of this subsection (o), an "act of God" means
26
an unforeseeable event, such as a rain or snow storm, hail, a

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flood, or a similar event, that is the sole cause of the
2
cancellation of an off-site, outdoor event.
3

(p) An auction liquor license shall allow the licensee to
4
sell and offer for sale at auction wine and spirits for use or
5
consumption, or for resale by an Illinois liquor licensee in
6
accordance with provisions of this Act. An auction liquor
7
license will be issued to a person and it will permit the
8
auction liquor licensee to hold the auction anywhere in the
9
State. An auction liquor license must be obtained for each
10
auction at least 14 days in advance of the auction date.
11

(q) A special use permit license shall allow an Illinois
12
licensed retailer to transfer a portion of its alcoholic
13
liquor inventory from its retail licensed premises to the
14
premises specified in the license hereby created; to purchase
15
alcoholic liquor from a distributor or importing distributor
16
to be delivered directly to the location specified in the
17
license hereby created; and to sell or offer for sale at
18
retail, only in the premises specified in the license hereby
19
created, the transferred or delivered alcoholic liquor for use
20
or consumption, but not for resale in any form. A special use
21
permit license may be granted for the following time periods:
22
one day or less; 2 or more days to a maximum of 15 days per
23
location in any 12-month period. An applicant for the special
24
use permit license must also submit with the application proof
25
satisfactory to the State Commission that the applicant will
26
provide dram shop liability insurance to the maximum limits

HB3172
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1
and have local authority approval.
2

A special use permit license shall allow the holder to
3
transfer any inventory from the holder's special use premises
4
to its retail premises at the conclusion of the special use
5
event or engage a distributor or importing distributor to
6
transfer any inventory from the holder's special use premises
7
to its retail premises at the conclusion of an off-site event,
8
provided that the distributor or importing distributor issues
9
bona fide charges to the special use permit licensee for fuel,
10
labor, and delivery and the distributor or importing
11
distributor collects payment from the retail licensee prior to
12
the distributor or importing distributor transferring
13
inventory to the retail premises.
14

Nothing in this Act prohibits a distributor or importing
15
distributor from offering credit or a refund for unused,
16
salable beer to a special use permit licensee or a special use
17
permit licensee from accepting a credit or refund for unused,
18
salable beer at the conclusion of the event specified in the
19
license if: (i) the holder of the special use permit license
20
has not transferred alcoholic liquor from its retail licensed
21
premises to the premises specified in the special use permit
22
license; (ii) the distributor or importing distributor offers
23
the credit or refund for the unused, salable beer that it
24
delivered to the premises specified in the special use permit
25
license and not for any unused, salable beer that the
26
distributor or importing distributor delivered to the

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retailer's premises; and (iii) the unused, salable beer would
2
likely spoil if transferred to the retailer premises.
3

(r) A winery shipper's license shall allow a person with a
4
first-class
wine-maker's license, a

or
second-class
5
wine-maker's license, a third-class
wine manufacturer's
6
license, a first-class or second-class wine-maker's license,
7
or a limited wine manufacturer's license or who is licensed to
8
make wine under the laws of another state to ship wine made by
9
that licensee directly to a resident of this State who is 21
10
years of age or older for that resident's personal use and not
11
for resale. Prior to receiving a winery shipper's license, an
12
applicant for the license must provide the Commission with a
13
true copy of its current license in any state in which it is
14
licensed as a manufacturer of wine. An applicant for a winery
15
shipper's license must also complete an application form that
16
provides any other information the Commission deems necessary.
17
The application form shall include all addresses from which
18
the applicant for a winery shipper's license intends to ship
19
wine, including the name and address of any third party,
20
except for a common carrier, authorized to ship wine on behalf
21
of the manufacturer. The application form shall include an
22
acknowledgement consenting to the jurisdiction of the
23
Commission, the Illinois Department of Revenue, and the courts
24
of this State concerning the enforcement of this Act and any
25
related laws, rules, and regulations, including authorizing
26
the Department of Revenue and the Commission to conduct audits

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for the purpose of ensuring compliance with Public Act 95-634,
2
and an acknowledgement that the wine manufacturer is in
3
compliance with Section 6-2 of this Act. Any third party,
4
except for a common carrier, authorized to ship wine on behalf
5
of a first-class or second-class wine manufacturer's licensee,
6
a first-class
wine-maker's licensee, a

or
second-class
7
wine-maker's licensee,
a third-class wine-maker's licensee,
a
8
limited wine manufacturer's licensee, or a person who is
9
licensed to make wine under the laws of another state shall
10
also be disclosed by the winery shipper's licensee, and a copy
11
of the written appointment of the third-party wine provider,
12
except for a common carrier, to the wine manufacturer shall be
13
filed with the State Commission as a supplement to the winery
14
shipper's license application or any renewal thereof. The
15
winery shipper's license holder shall affirm under penalty of
16
perjury, as part of the winery shipper's license application
17
or renewal, that he or she only ships wine, either directly or
18
indirectly through a third-party provider, from the licensee's
19
own production.
20

Except for a common carrier, a third-party provider
21
shipping wine on behalf of a winery shipper's license holder
22
is the agent of the winery shipper's license holder and, as
23
such, a winery shipper's license holder is responsible for the
24
acts and omissions of the third-party provider acting on
25
behalf of the license holder. A third-party provider, except
26
for a common carrier, that engages in shipping wine into

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1
Illinois on behalf of a winery shipper's license holder shall
2
consent to the jurisdiction of the State Commission and the
3
State. Any third-party, except for a common carrier, holding
4
such an appointment shall, by February 1 of each calendar year
5
and upon request by the State Commission or the Department of
6
Revenue, file with the State Commission a statement detailing
7
each shipment made to an Illinois resident. The statement
8
shall include the name and address of the third-party provider
9
filing the statement, the time period covered by the
10
statement, and the following information:
11

(1) the name, address, and license number of the
12

winery shipper on whose behalf the shipment was made;
13

(2) the quantity of the products delivered; and
14

(3) the date and address of the shipment.

15
If the Department of Revenue or the State Commission requests
16
a statement under this paragraph, the third-party provider
17
must provide that statement no later than 30 days after the
18
request is made. Any books, records, supporting papers, and
19
documents containing information and data relating to a
20
statement under this paragraph shall be kept and preserved for
21
a period of 3 years, unless their destruction sooner is
22
authorized, in writing, by the Director of Revenue, and shall
23
be open and available to inspection by the Director of Revenue
24
or the State Commission or any duly authorized officer, agent,
25
or employee of the State Commission or the Department of
26
Revenue, at all times during business hours of the day. Any

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1
person who violates any provision of this paragraph or any
2
rule of the State Commission for the administration and
3
enforcement of the provisions of this paragraph is guilty of a
4
Class C misdemeanor. In case of a continuing violation, each
5
day's continuance thereof shall be a separate and distinct
6
offense.
7

The State Commission shall adopt rules as soon as
8
practicable to implement the requirements of Public Act 99-904
9
and shall adopt rules prohibiting any such third-party
10
appointment of a third-party provider, except for a common
11
carrier, that has been deemed by the State Commission to have
12
violated the provisions of this Act with regard to any winery
13
shipper licensee.
14

A winery shipper licensee must pay to the Department of
15
Revenue the State liquor gallonage tax under Section 8-1 for
16
all wine that is sold by the licensee and shipped to a person
17
in this State. For the purposes of Section 8-1, a winery
18
shipper licensee shall be taxed in the same manner as a
19
manufacturer of wine. A licensee who is not otherwise required
20
to register under the Retailers' Occupation Tax Act must
21
register under the Use Tax Act to collect and remit use tax to
22
the Department of Revenue for all gallons of wine that are sold
23
by the licensee and shipped to persons in this State. If a
24
licensee fails to remit the tax imposed under this Act in
25
accordance with the provisions of Article VIII of this Act,
26
the winery shipper's license shall be revoked in accordance

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1
with the provisions of Article VII of this Act. If a licensee
2
fails to properly register and remit tax under the Use Tax Act
3
or the Retailers' Occupation Tax Act for all wine that is sold
4
by the winery shipper and shipped to persons in this State, the
5
winery shipper's license shall be revoked in accordance with
6
the provisions of Article VII of this Act.
7

A winery shipper licensee must collect, maintain, and
8
submit to the Commission on a semi-annual basis the total
9
number of cases per resident of wine shipped to residents of
10
this State. A winery shipper licensed under this subsection
11
(r) must comply with the requirements of Section 6-29 of this
12
Act.
13

Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
14
Section 3-12, the State Commission may receive, respond to,
15
and investigate any complaint and impose any of the remedies
16
specified in paragraph (1) of subsection (a) of Section 3-12.
17

As used in this subsection, "third-party provider" means
18
any entity that provides fulfillment house services, including
19
warehousing, packaging, distribution, order processing, or
20
shipment of wine, but not the sale of wine, on behalf of a
21
licensed winery shipper.
22

(s) A craft distiller tasting permit license shall allow
23
an Illinois licensed class 1 craft distiller or class 2 craft
24
distiller to transfer a portion of its alcoholic liquor
25
inventory from its class 1 craft distiller or class 2 craft
26
distiller licensed premises to the premises specified in the

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1
license hereby created and to conduct a sampling, only in the
2
premises specified in the license hereby created, of the
3
transferred alcoholic liquor in accordance with subsection (c)
4
of Section 6-31 of this Act. The transferred alcoholic liquor
5
may not be sold or resold in any form. An applicant for the
6
craft distiller tasting permit license must also submit with
7
the application proof satisfactory to the State Commission
8
that the applicant will provide dram shop liability insurance
9
to the maximum limits and have local authority approval.
10

(t) A brewer warehouse permit may be issued to the holder
11
of a class 1 brewer license or a class 2 brewer license. If the
12
holder of the permit is a class 1 brewer licensee, the brewer
13
warehouse permit shall allow the holder to store or warehouse
14
up to 930,000 gallons of tax-determined beer manufactured by
15
the holder of the permit at the premises specified on the
16
permit. If the holder of the permit is a class 2 brewer
17
licensee, the brewer warehouse permit shall allow the holder
18
to store or warehouse up to 3,720,000 gallons of
19
tax-determined beer manufactured by the holder of the permit
20
at the premises specified on the permit. Sales to
21
non-licensees are prohibited at the premises specified in the
22
brewer warehouse permit.
23

(u) A distilling pub license shall allow the licensee to
24
only (i) manufacture up to 5,000 gallons of spirits per year
25
only on the premises specified in the license, (ii) make sales
26
of the spirits manufactured on the premises or, with the

HB3172
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LRB104 08306 RPS 18357 b
1
approval of the State Commission, spirits manufactured on
2
another distilling pub licensed premises that is wholly owned
3
and operated by the same licensee to importing distributors
4
and distributors and to non-licensees for use and consumption,
5
(iii) store the spirits upon the premises, (iv) sell and offer
6
for sale at retail from the licensed premises for off-premises
7
consumption no more than 5,000 gallons per year so long as such
8
sales are only made in-person, (v) sell and offer for sale at
9
retail for use and consumption on the premises specified in
10
the license any form of alcoholic liquor purchased from a
11
licensed distributor or importing distributor, and (vi) with
12
the prior approval of the State Commission, annually transfer
13
no more than 5,000 gallons of spirits manufactured on the
14
premises to a licensed distilling pub wholly owned and
15
operated by the same licensee.
16

A distilling pub licensee shall not under any circumstance
17
sell or offer for sale spirits manufactured by the distilling
18
pub licensee to retail licensees.
19

A person who holds a class 2 craft distiller license may
20
simultaneously hold a distilling pub license if the class 2
21
craft distiller (i) does not, under any circumstance, sell or
22
offer for sale spirits manufactured by the class 2 craft
23
distiller to retail licensees; (ii) does not hold more than 3
24
distilling pub licenses in this State; (iii) does not
25
manufacture more than a combined 100,000 gallons of spirits
26
per year, including the spirits manufactured at the distilling

HB3172
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LRB104 08306 RPS 18357 b
1
pub; and (iv) is not a member of or affiliated with, directly
2
or indirectly, a manufacturer that produces more than 100,000
3
gallons of spirits per year or any other alcoholic liquor.
4

(v) A craft distiller warehouse permit may be issued to
5
the holder of a class 1 craft distiller or class 2 craft
6
distiller license. The craft distiller warehouse permit shall
7
allow the holder to store or warehouse up to 500,000 gallons of
8
spirits manufactured by the holder of the permit at the
9
premises specified on the permit. Sales to non-licensees are
10
prohibited at the premises specified in the craft distiller
11
warehouse permit.
12

(w) A beer showcase permit license shall allow an
13
Illinois-licensed distributor to transfer a portion of its
14
beer inventory from its licensed premises to the premises
15
specified in the beer showcase permit license, and, in the
16
case of a class 3 brewer, transfer only beer the class 3 brewer
17
manufactures from its licensed premises to the premises
18
specified in the beer showcase permit license; and to sell or
19
offer for sale at retail, only in the premises specified in the
20
beer showcase permit license, the transferred or delivered
21
beer for on or off premise consumption, but not for resale in
22
any form and to sell to non-licensees not more than 96 fluid
23
ounces of beer per person. A beer showcase permit license may
24
be granted for the following time periods: one day or less; or
25
2 or more days to a maximum of 15 days per location in any
26
12-month period. An applicant for a beer showcase permit

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1
license must also submit with the application proof
2
satisfactory to the State Commission that the applicant will
3
provide dram shop liability insurance to the maximum limits
4
and have local authority approval. The State Commission shall
5
require the beer showcase applicant to comply with Section
6
6-27.1.
7
(Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19;
8
101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff.
9
8-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22;
10
102-442, eff. 8-20-21; 102-1142, eff. 2-17-23.)

11

(235 ILCS 5/5-3)

(from Ch. 43, par. 118)
12

Sec. 5-3.
License fees.
Except as otherwise provided
13
herein, at the time application is made to the State
14
Commission for a license of any class, the applicant shall pay
15
to the State Commission the fee hereinafter provided for the
16
kind of license applied for.
17

The fee for licenses issued by the State Commission shall
18
be as follows:
19
Online
Initial
20
renewal
license
21

or
22

non-online
23

renewal
24

For a manufacturer's license:
25

Class 1. Distiller
.................
$4,000
$5,000

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LRB104 08306 RPS 18357 b
1

Class 2. Rectifier
.................
4,000
5,000
2

Class 3. Brewer
....................
1,200
1,500
3

Class 4. First-class Wine

4

Manufacturer
...................
750
900
5

Class 5. Second-class
6

Wine Manufacturer
..............
1,500
1,750
7

Class 6. First-class wine-maker
....
750
900
8

Class 7. Second-class wine-maker
...
1,500
1,750
9

Class 8. Limited Wine

10

Manufacturer
....................
250
350
11

Class 9. Craft Distiller
...........

2,000
2,500
12

Class 10. Class 1 Craft Distiller
..

50
75
13

Class 11. Class 2 Craft Distiller
..

75
100
14

Class 12. Class 1 Brewer
............
50
75
15

Class 13. Class 2 Brewer
...........

75
100
16

Class 14. Class 3 Brewer
...........

25
50
17

Class 15. Third-class wine-maker
.
1,500

1,750

18

For a Brew Pub License
..............
1,200
1,500
19

For a Distilling Pub License
.......

1,200
1,500
20

For a caterer retailer's license
....
350
500
21

For a foreign importer's license
...
25
25
22

For an importing distributor's

23

license
.........................
25
25
24

For a distributor's license

25

(11,250,000 gallons

26

or over)
.......................
1,450
2,200

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LRB104 08306 RPS 18357 b
1

For a distributor's license

2

(over 4,500,000 gallons, but
3

under 11,250,000 gallons)
......

950
1,450
4

For a distributor's license
5

(4,500,000 gallons or under)
....
300
450
6

For a non-resident dealer's license
7

(500,000 gallons or over)
8

or with self-distribution
9

privileges
.....................
1,200
1,500
10

For a non-resident dealer's license
11

(under 500,000 gallons)
........
250
350
12

For a wine-maker's premises

13

license
........................
250
500
14

For a winery shipper's license
15

(under 250,000 gallons)
.........
200
350
16

For a winery shipper's license
17

(250,000 or over, but

18

under 500,000 gallons)
..........
750
1,000
19

For a winery shipper's license
20

(500,000 gallons or over)
.......
1,200
1,500
21

For a wine-maker's premises
22

license, second location
.......
500
1,000
23

For a wine-maker's premises
24

license, third location
........
500
1,000
25

For a wine-maker's premises
26

license, fourth location
.
500

1,000

HB3172
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LRB104 08306 RPS 18357 b
1

For a retailer's license
...........
600
750
2

For a special event retailer's
3

license, (not-for-profit)
......
25
25
4

For a beer showcase permit,
5

one day only
..................

100
150
6

2 days or more
................

150
250
7

For a special use permit license,
8

one day only
...................
100
150
9

2 days or more
.................
150
250
10

For a railroad license
.............
100
150
11

For a boat license
.................
500
1,000
12

For an airplane license, times the
13

licensee's maximum number of
14

aircraft in flight, serving
15

liquor over the State at any
16

given time, which either
17

originate, terminate, or make

18

an intermediate stop in

19

the State
......................
100
150
20

For a non-beverage user's license:
21

Class 1
........................
24
24
22

Class 2
........................
60
60
23

Class 3
........................
120
120
24

Class 4
........................
240
240
25

Class 5
........................
600
600
26

For a broker's license
.............
750
1,000

HB3172
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LRB104 08306 RPS 18357 b
1

For an auction liquor license
......
100
150
2

For a homebrewer special

3

event permit
....................
25
25
4

For a craft distiller
5

tasting permit
..................
25
25
6

For a BASSET trainer license
.......

300
350
7

For a tasting representative

8

license
........................
200
300
9

For a brewer warehouse permit
......

25
25
10

For a craft distiller
11

warehouse permit
................
25
25
12

Fees collected under this Section shall be paid into the
13
Dram Shop Fund. The State Commission shall waive license
14
renewal fees for those retailers' licenses that are designated
15
as "1A" by the State Commission and expire on or after July 1,
16
2022, and on or before June 30, 2023. One-half of the funds
17
received for a retailer's license shall be paid into the Dram
18
Shop Fund and one-half of the funds received for a retailer's
19
license shall be paid into the General Revenue Fund.
20

No fee shall be paid for licenses issued by the State
21
Commission to the following non-beverage users:
22

(a) Hospitals, sanitariums, or clinics when their use
23

of alcoholic liquor is exclusively medicinal, mechanical,
24

or scientific.
25

(b) Universities, colleges of learning, or schools
26

when their use of alcoholic liquor is exclusively

HB3172
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LRB104 08306 RPS 18357 b
1

medicinal, mechanical, or scientific.
2

(c) Laboratories when their use is exclusively for the
3

purpose of scientific research.
4
(Source: P.A. 102-442, eff. 8-20-21; 102-558, eff. 8-20-21;
5
102-699, eff. 4-19-22; 102-1142, eff. 2-17-23; 103-154, eff.
6
6-30-23; 103-605, eff. 7-1-24.)

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