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Full Text of HB4629
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HB4629 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4629
Introduced 2/3/2026, by Rep. Joe C. Sosnowski
SYNOPSIS AS INTRODUCED:
235 ILCS 5/5-1
from Ch. 43, par. 115
235 ILCS 5/5-3
from Ch. 43, par. 118
235 ILCS 5/6-40 new
Amends the Liquor Control Act of 1934. Creates a vintage distilled
spirits license that allows a vintage distilled spirits licensee to
purchase vintage distilled spirits from a vintage distilled spirits seller
and sell vintage distilled spirits. Sets forth provisions concerning
definitions, license fees, monthly reporting requirements, labeling
requirements, and limits on the purchase and sale of vintage distilled
spirits. Provides that a vintage distilled spirits seller shall not sell
more than 24 vintage distilled spirits packages to any single or
combination of vintage distilled spirits licensees in any given 12-month
period. Sets forth a fine for a vintage distilled spirits seller who
violates that limit.
LRB104 15791 RPS 28984 b
A BILL FOR
HB4629
LRB104 15791 RPS 28984 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 5-1 and 5-3 and by adding Section 6-40 as
6
follows:
7
(235 ILCS 5/5-1)
(from Ch. 43, par. 115)
8
Sec. 5-1.
Licenses issued by the Illinois Liquor Control
9
Commission shall be of the following classes:
10
(a) Manufacturer's license - Class 1. Distiller, Class 2.
11
Rectifier, Class 3. Brewer, Class 4. First Class Wine
12
Manufacturer, Class 5. Second Class Wine Manufacturer, Class
13
6. First Class Winemaker, Class 7. Second Class Winemaker,
14
Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller,
15
Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft
16
Distiller, Class 12. Class 1 Brewer, Class 13. Class 2 Brewer,
17
Class 14. Class 3 Brewer,
18
(b) Distributor's license,
19
(c) Importing Distributor's license,
20
(d) Retailer's license,
21
(e) Special Event Retailer's license (not-for-profit),
22
(f) Railroad license,
23
(g) Boat license,
HB4629
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LRB104 15791 RPS 28984 b
1
(h) Non-Beverage User's license,
2
(i) Wine-maker's premises license,
3
(j) Airplane license,
4
(k) Foreign importer's license,
5
(l) Broker's license,
6
(m) Non-resident dealer's license,
7
(n) Brew Pub license,
8
(o) Auction liquor license,
9
(p) Caterer retailer license,
10
(q) Special use permit license,
11
(r) Winery shipper's license,
12
(s) Craft distiller tasting permit,
13
(t) Brewer warehouse permit,
14
(u) Distilling pub license,
15
(v) Craft distiller warehouse permit,
16
(w) Beer showcase permit
,
.
17
(x) Vintage distilled spirits license.
18
No person, firm, partnership, corporation, or other legal
19
business entity that is engaged in the manufacturing of wine
20
may concurrently obtain and hold a wine-maker's license and a
21
wine manufacturer's license.
22
(a) A manufacturer's license shall allow the manufacture,
23
importation in bulk, storage, distribution and sale of
24
alcoholic liquor to persons without the State, as may be
25
permitted by law
,
and to licensees in this State as follows:
26
Class 1. A Distiller may make sales and deliveries of
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LRB104 15791 RPS 28984 b
1
alcoholic liquor to distillers, rectifiers, importing
2
distributors, distributors
,
and non-beverage users and to no
3
other licensees.
4
Class 2. A Rectifier, who is not a distiller, as defined
5
herein, may make sales and deliveries of alcoholic liquor to
6
rectifiers, importing distributors, distributors, retailers
,
7
and non-beverage users and to no other licensees.
8
Class 3. A Brewer may make sales and deliveries of beer to
9
importing distributors and distributors and may make sales as
10
authorized under subsection (e) of Section 6-4 of this Act,
11
including any alcoholic liquor that subsection (e) of Section
12
6-4 authorizes a brewer to sell in its original package only to
13
a non-licensee for pick-up by a non-licensee either within the
14
interior of the brewery premises or
at
outside of the brewery
15
premises at a curb-side or parking lot adjacent to the brewery
16
premises, subject to any local ordinance.
17
Class 4. A first class wine-manufacturer may make sales
18
and deliveries of up to 50,000 gallons of wine to
19
manufacturers, importing distributors and distributors, and to
20
no other licensees. If a first-class wine-manufacturer
21
manufactures beer, it shall also obtain and shall only be
22
eligible for, in addition to any current license, a class 1
23
brewer license, shall not manufacture more than 930,000
24
gallons of beer per year, and shall not be a member of or
25
affiliated with, directly or indirectly, a manufacturer that
26
produces more than 930,000 gallons of beer per year. If the
HB4629
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LRB104 15791 RPS 28984 b
1
first-class wine-manufacturer manufactures spirits, it shall
2
also obtain and shall only be eligible for, in addition to any
3
current license, a class 1 craft distiller license, shall not
4
manufacture more than 50,000 gallons of spirits per year, and
5
shall not be a member of or affiliated with, directly or
6
indirectly, a manufacturer that produces more than 50,000
7
gallons of spirits per year. A first-class wine-manufacturer
8
shall be permitted to sell wine manufactured at the
9
first-class wine-manufacturer premises to non-licensees.
10
Class 5. A second class
wine
Wine
manufacturer may make
11
sales and deliveries of more than 50,000 gallons of wine to
12
manufacturers, importing distributors and distributors and to
13
no other licensees.
14
Class 6. A first-class wine-maker's license shall allow
15
the manufacture of up to 50,000 gallons of wine per year
,
and
16
the storage and sale of such wine to distributors in the State
17
and to persons without the State, as may be permitted by law. A
18
person who, prior to June 1, 2008 (the effective date of Public
19
Act 95-634), is a holder of a first-class wine-maker's license
20
and annually produces more than 25,000 gallons of its own wine
21
and who distributes its wine to licensed retailers shall cease
22
this practice on or before July 1, 2008 in compliance with
23
Public Act 95-634. If a first-class wine-maker manufactures
24
beer, it shall also obtain and shall only be eligible for, in
25
addition to any current license, a class 1 brewer license,
26
shall not manufacture more than 930,000 gallons of beer per
HB4629
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LRB104 15791 RPS 28984 b
1
year, and shall not be a member of or affiliated with, directly
2
or indirectly, a manufacturer that produces more than 930,000
3
gallons of beer per year. If the first-class wine-maker
4
manufactures spirits, it shall also obtain and shall only be
5
eligible for, in addition to any current license, a class 1
6
craft distiller license, shall not manufacture more than
7
50,000 gallons of spirits per year, and shall not be a member
8
of or affiliated with, directly or indirectly, a manufacturer
9
that produces more than 50,000 gallons of spirits per year. A
10
first-class wine-maker holding a class 1 brewer license or a
11
class 1 craft distiller license shall not be eligible for a
12
wine-maker's premises license but shall be permitted to sell
13
wine manufactured at the first-class wine-maker premises to
14
non-licensees.
15
Class 7. A second-class wine-maker's license shall allow
16
the manufacture of up to 150,000 gallons of wine per year, and
17
the storage and sale of such wine to distributors in this State
18
and to persons without the State, as may be permitted by law. A
19
person who, prior to June 1, 2008 (the effective date of Public
20
Act 95-634), is a holder of a second-class wine-maker's
21
license and annually produces more than 25,000 gallons of its
22
own wine and who distributes its wine to licensed retailers
23
shall cease this practice on or before July 1, 2008 in
24
compliance with Public Act 95-634. If a second-class
25
wine-maker manufactures beer, it shall also obtain and shall
26
only be eligible for, in addition to any current license, a
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LRB104 15791 RPS 28984 b
1
class 2 brewer license, shall not manufacture more than
2
3,720,000 gallons of beer per year, and shall not be a member
3
of or affiliated with, directly or indirectly, a manufacturer
4
that produces more than 3,720,000 gallons of beer per year. If
5
a second-class wine-maker manufactures spirits, it shall also
6
obtain and shall only be eligible for, in addition to any
7
current license, a class 2 craft distiller license, shall not
8
manufacture more than 100,000 gallons of spirits per year, and
9
shall not be a member of or affiliated with, directly or
10
indirectly, a manufacturer that produces more than 100,000
11
gallons of spirits per year.
12
Class 8. A limited wine-manufacturer may make sales and
13
deliveries not to exceed 40,000 gallons of wine per year to
14
distributors, and to non-licensees in accordance with the
15
provisions of this Act.
16
Class 9. A craft distiller license, which may only be held
17
by a class 1 craft distiller licensee or class 2 craft
18
distiller licensee but not held by both a class 1 craft
19
distiller licensee and a class 2 craft distiller licensee,
20
shall grant all rights conveyed by either: (i) a class 1 craft
21
distiller license if the craft distiller holds a class 1 craft
22
distiller license; or (ii) a class 2 craft distiller licensee
23
if the craft distiller holds a class 2 craft distiller
24
license.
25
Class 10. A class 1 craft distiller license, which may
26
only be issued to a licensed craft distiller or licensed
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LRB104 15791 RPS 28984 b
1
non-resident dealer, shall allow the manufacture of up to
2
50,000 gallons of spirits per year provided that the class 1
3
craft distiller licensee does not manufacture more than a
4
combined 50,000 gallons of spirits per year and is not a member
5
of or affiliated with, directly or indirectly, a manufacturer
6
that produces more than 50,000 gallons of spirits per year. If
7
a class 1 craft distiller manufactures beer, it shall also
8
obtain and shall only be eligible for, in addition to any
9
current license, a class 1 brewer license, shall not
10
manufacture more than 930,000 gallons of beer per year, and
11
shall not be a member of or affiliated with, directly or
12
indirectly, a manufacturer that produces more than 930,000
13
gallons of beer per year. If a class 1 craft distiller
14
manufactures wine, it shall also obtain and shall only be
15
eligible for, in addition to any current license, a
16
first-class wine-manufacturer license or a first-class
17
wine-maker's license, shall not manufacture more than 50,000
18
gallons of wine per year, and shall not be a member of or
19
affiliated with, directly or indirectly, a manufacturer that
20
produces more than 50,000 gallons of wine per year. A class 1
21
craft distiller licensee may make sales and deliveries to
22
importing distributors and distributors and to retail
23
licensees in accordance with the conditions set forth in
24
paragraph (19) of subsection (a) of Section 3-12 of this Act.
25
However, the aggregate amount of spirits sold to non-licensees
26
and sold or delivered to retail licensees may not exceed 5,000
HB4629
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LRB104 15791 RPS 28984 b
1
gallons per year.
2
A class 1 craft distiller licensee may sell up to 5,000
3
gallons of such spirits to non-licensees to the extent
4
permitted by any exemption approved by the State Commission
5
pursuant to Section 6-4 of this Act. A class 1 craft distiller
6
license holder may store such spirits at a non-contiguous
7
licensed location, but at no time shall a class 1 craft
8
distiller license holder directly or indirectly produce in the
9
aggregate more than 50,000 gallons of spirits per year.
10
A class 1 craft distiller licensee may hold more than one
11
class 1 craft distiller's license. However, a class 1 craft
12
distiller that holds more than one class 1 craft distiller
13
license shall not manufacture, in the aggregate, more than
14
50,000 gallons of spirits by distillation per year and shall
15
not sell, in the aggregate, more than 5,000 gallons of such
16
spirits to non-licensees in accordance with an exemption
17
approved by the State Commission pursuant to Section 6-4 of
18
this Act.
19
Class 11. A class 2 craft distiller license, which may
20
only be issued to a licensed craft distiller or licensed
21
non-resident dealer, shall allow the manufacture of up to
22
100,000 gallons of spirits per year provided that the class 2
23
craft distiller licensee does not manufacture more than a
24
combined 100,000 gallons of spirits per year and is not a
25
member of or affiliated with, directly or indirectly, a
26
manufacturer that produces more than 100,000 gallons of
HB4629
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LRB104 15791 RPS 28984 b
1
spirits per year. If a class 2 craft distiller manufactures
2
beer, it shall also obtain and shall only be eligible for, in
3
addition to any current license, a class 2 brewer license,
4
shall not manufacture more than 3,720,000 gallons of beer per
5
year, and shall not be a member of or affiliated with, directly
6
or indirectly, a manufacturer that produces more than
7
3,720,000 gallons of beer per year. If a class 2 craft
8
distiller manufactures wine, it shall also obtain and shall
9
only be eligible for, in addition to any current license, a
10
second-class wine-maker's license, shall not manufacture more
11
than 150,000 gallons of wine per year, and shall not be a
12
member of or affiliated with, directly or indirectly, a
13
manufacturer that produces more than 150,000 gallons of wine
14
per year. A class 2 craft distiller licensee may make sales and
15
deliveries to importing distributors and distributors, but
16
shall not make sales or deliveries to any other licensee. If
17
the State Commission provides prior approval, a class 2 craft
18
distiller licensee may annually transfer up to 100,000 gallons
19
of spirits manufactured by that class 2 craft distiller
20
licensee to the premises of a licensed class 2 craft distiller
21
wholly owned and operated by the same licensee. A class 2 craft
22
distiller may transfer spirits to a distilling pub wholly
23
owned and operated by the class 2 craft distiller subject to
24
the following limitations and restrictions: (i) the transfer
25
shall not annually exceed more than 5,000 gallons; (ii) the
26
annual amount transferred shall reduce the distilling pub's
HB4629
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LRB104 15791 RPS 28984 b
1
annual permitted production limit; (iii) all spirits
2
transferred shall be subject to Article VIII of this Act; (iv)
3
a written record shall be maintained by the distiller and
4
distilling pub specifying the amount, date of delivery, and
5
receipt of the product by the distilling pub; and (v) the
6
distilling pub shall be located no farther than 80 miles from
7
the class 2 craft distiller's licensed location.
8
A class 2 craft distiller shall, prior to transferring
9
spirits to a distilling pub wholly owned by the class 2 craft
10
distiller, furnish a written notice to the State Commission of
11
intent to transfer spirits setting forth the name and address
12
of the distilling pub and shall annually submit to the State
13
Commission a verified report identifying the total gallons of
14
spirits transferred to the distilling pub wholly owned by the
15
class 2 craft distiller.
16
A class 2 craft distiller license holder may store such
17
spirits at a non-contiguous licensed location, but at no time
18
shall a class 2 craft distiller license holder directly or
19
indirectly produce in the aggregate more than 100,000 gallons
20
of spirits per year.
21
Class 12. A class 1 brewer license, which may only be
22
issued to a licensed brewer or licensed non-resident dealer,
23
shall allow the manufacture of up to 930,000 gallons of beer
24
per year provided that the class 1 brewer licensee does not
25
manufacture more than a combined 930,000 gallons of beer per
26
year and is not a member of or affiliated with, directly or
HB4629
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LRB104 15791 RPS 28984 b
1
indirectly, a manufacturer that produces more than 930,000
2
gallons of beer per year. If a class 1 brewer manufactures
3
spirits, it shall also obtain and shall only be eligible for,
4
in addition to any current license, a class 1 craft distiller
5
license, shall not manufacture more than 50,000 gallons of
6
spirits per year, and shall not be a member of or affiliated
7
with, directly or indirectly, a manufacturer that produces
8
more than 50,000 gallons of spirits per year. If a class 1
9
craft brewer manufactures wine, it shall also obtain and shall
10
only be eligible for, in addition to any current license, a
11
first-class wine-manufacturer license or a first-class
12
wine-maker's license, shall not manufacture more than 50,000
13
gallons of wine per year, and shall not be a member of or
14
affiliated with, directly or indirectly, a manufacturer that
15
produces more than 50,000 gallons of wine per year. A class 1
16
brewer licensee may make sales and deliveries to importing
17
distributors and distributors and to retail licensees in
18
accordance with the conditions set forth in paragraph (18) of
19
subsection (a) of Section 3-12 of this Act. If the State
20
Commission provides prior approval, a class 1 brewer may
21
annually transfer up to 930,000 gallons of beer manufactured
22
by that class 1 brewer to the premises of a licensed class 1
23
brewer wholly owned and operated by the same licensee.
24
Class 13. A class 2 brewer license, which may only be
25
issued to a licensed brewer or licensed non-resident dealer,
26
shall allow the manufacture of up to 3,720,000 gallons of beer
HB4629
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LRB104 15791 RPS 28984 b
1
per year provided that the class 2 brewer licensee does not
2
manufacture more than a combined 3,720,000 gallons of beer per
3
year and is not a member of or affiliated with, directly or
4
indirectly, a manufacturer that produces more than 3,720,000
5
gallons of beer per year. If a class 2 brewer manufactures
6
spirits, it shall also obtain and shall only be eligible for,
7
in addition to any current license, a class 2 craft distiller
8
license, shall not manufacture more than 100,000 gallons of
9
spirits per year, and shall not be a member of or affiliated
10
with, directly or indirectly, a manufacturer that produces
11
more than 100,000 gallons of spirits per year. If a class 2
12
craft distiller manufactures wine, it shall also obtain and
13
shall only be eligible for, in addition to any current
14
license, a second-class wine-maker's license, shall not
15
manufacture more than 150,000 gallons of wine per year, and
16
shall not be a member of or affiliated with, directly or
17
indirectly, a manufacturer that produces more than 150,000
18
gallons of wine a year. A class 2 brewer licensee may make
19
sales and deliveries to importing distributors and
20
distributors, but shall not make sales or deliveries to any
21
other licensee. If the State Commission provides prior
22
approval, a class 2 brewer licensee may annually transfer up
23
to 3,720,000 gallons of beer manufactured by that class 2
24
brewer licensee to the premises of a licensed class 2 brewer
25
wholly owned and operated by the same licensee.
26
A class 2 brewer may transfer beer to a brew pub wholly
HB4629
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LRB104 15791 RPS 28984 b
1
owned and operated by the class 2 brewer subject to the
2
following limitations and restrictions: (i) the transfer shall
3
not annually exceed more than 31,000 gallons; (ii) the annual
4
amount transferred shall reduce the brew pub's annual
5
permitted production limit; (iii) all beer transferred shall
6
be subject to Article VIII of this Act; (iv) a written record
7
shall be maintained by the brewer and brew pub specifying the
8
amount, date of delivery, and receipt of the product by the
9
brew pub; and (v) the brew pub shall be located no farther than
10
80 miles from the class 2 brewer's licensed location.
11
A class 2 brewer shall, prior to transferring beer to a
12
brew pub wholly owned by the class 2 brewer, furnish a written
13
notice to the State Commission of intent to transfer beer
14
setting forth the name and address of the brew pub and shall
15
annually submit to the State Commission a verified report
16
identifying the total gallons of beer transferred to the brew
17
pub wholly owned by the class 2 brewer.
18
Class 14. A class 3 brewer license, which may be issued to
19
a brewer or a non-resident dealer, shall allow the manufacture
20
of no more than 465,000 gallons of beer per year and no more
21
than 155,000 gallons at a single brewery premises, and shall
22
allow the sale of no more than 6,200 gallons of beer from each
23
in-state or out-of-state class 3 brewery premises, or 18,600
24
gallons in the aggregate, to retail licensees, class 1
25
brewers, class 2 brewers, and class 3 brewers as long as the
26
class 3 brewer licensee does not manufacture more than a
HB4629
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LRB104 15791 RPS 28984 b
1
combined 465,000 gallons of beer per year and is not a member
2
of or affiliated with, directly or indirectly, a manufacturer
3
that produces more than 465,000 gallons of beer per year to
4
make sales to importing distributors, distributors, retail
5
licensees, brewers, class 1 brewers, class 2 brewers, and
6
class 3 brewers in accordance with the conditions set forth in
7
paragraph (20) of subsection (a) of Section 3-12. If the State
8
Commission provides prior approval, a class 3 brewer may
9
annually transfer up to 155,000 gallons of beer manufactured
10
by that class 3 brewer to the premises of a licensed class 3
11
brewer wholly owned and operated by the same licensee. A class
12
3 brewer shall manufacture beer at the brewer's class 3
13
designated licensed premises, and may sell beer as otherwise
14
provided in this Act.
15
(a-1) A manufacturer
that
which
is licensed in this State
16
to make sales or deliveries of alcoholic liquor to licensed
17
distributors or importing distributors and which enlists
18
agents, representatives, or individuals acting on its behalf
19
who contact licensed retailers on a regular and continual
20
basis in this State must register those agents,
21
representatives, or persons acting on its behalf with the
22
State Commission.
23
Registration of agents, representatives, or persons acting
24
on behalf of a manufacturer is fulfilled by submitting a form
25
to the
State
Commission. The form shall be developed by the
26
State
Commission and shall include the name and address of the
HB4629
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LRB104 15791 RPS 28984 b
1
applicant, the name and address of the manufacturer he or she
2
represents, the territory or areas assigned to sell to or
3
discuss pricing terms of alcoholic liquor, and any other
4
questions deemed appropriate and necessary. All statements in
5
the forms required to be made by law or by rule shall be deemed
6
material, and any person who knowingly misstates any material
7
fact under oath in an application is guilty of a Class B
8
misdemeanor. Fraud, misrepresentation, false statements,
9
misleading statements, evasions, or suppression of material
10
facts in the securing of a registration are grounds for
11
suspension or revocation of the registration. The State
12
Commission shall post a list of registered agents on the
State
13
Commission's website.
14
(b) A distributor's license shall allow (i) the wholesale
15
purchase and storage of alcoholic liquors and sale of
16
alcoholic liquors to licensees in this State and to persons
17
without the State, as may be permitted by law; (ii) the sale of
18
beer, cider, mead, or any combination thereof to brewers,
19
class 1 brewers, and class 2 brewers that, pursuant to
20
subsection (e) of Section 6-4 of this Act, sell beer, cider,
21
mead, or any combination thereof to non-licensees at their
22
breweries; (iii) the sale of vermouth to class 1 craft
23
distillers and class 2 craft distillers that, pursuant to
24
subsection (e) of Section 6-4 of this Act, sell spirits,
25
vermouth, or both spirits and vermouth to non-licensees at
26
their distilleries; or (iv) as otherwise provided in this Act.
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1
No person licensed as a distributor shall be granted a
2
non-resident dealer's license.
3
(c) An importing distributor's license may be issued to
4
and held by those only who are duly licensed distributors,
5
upon the filing of an application by a duly licensed
6
distributor, with the
State
Commission and the
State
7
Commission shall, without the payment of any fee, immediately
8
issue such importing distributor's license to the applicant,
9
which shall allow the importation of alcoholic liquor by the
10
licensee into this State from any point in the United States
11
outside this State, and the purchase of alcoholic liquor in
12
barrels, casks
,
or other bulk containers and the bottling of
13
such alcoholic liquors before resale thereof, but all bottles
14
or containers so filled shall be sealed, labeled, stamped
,
and
15
otherwise made to comply with all provisions, rules
,
and
16
regulations governing manufacturers in the preparation and
17
bottling of alcoholic liquors. The importing distributor's
18
license shall permit such licensee to purchase alcoholic
19
liquor from Illinois licensed non-resident dealers and foreign
20
importers only. No person licensed as an importing distributor
21
shall be granted a non-resident dealer's license.
22
(d) A retailer's license shall allow the licensee to sell
23
and offer for sale at retail, only in the premises specified in
24
the license, alcoholic liquor for use or consumption, but not
25
for resale in any form. Except as provided in Section 6-16,
26
6-29, or 6-29.1, nothing in this Act shall deny, limit,
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LRB104 15791 RPS 28984 b
1
remove, or restrict the ability of a holder of a retailer's
2
license to transfer or ship alcoholic liquor to the purchaser
3
for use or consumption subject to any applicable local law or
4
ordinance. For the purposes of this Section, "shipping" means
5
the movement of alcoholic liquor from a licensed retailer to a
6
consumer via a common carrier. Except as provided in Section
7
6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit,
8
remove, or restrict the ability of a holder of a retailer's
9
license to deliver alcoholic liquor to the purchaser for use
10
or consumption. The delivery shall be made only within 12
11
hours from the time the alcoholic liquor leaves the licensed
12
premises of the retailer for delivery. For the purposes of
13
this Section, "delivery" means the movement of alcoholic
14
liquor purchased from a licensed retailer to a consumer
15
through the following methods:
16
(1) delivery within licensed retailer's parking lot,
17
including curbside, for pickup by the consumer;
18
(2) delivery by an owner, officer, director,
19
shareholder, or employee of the licensed retailer; or
20
(3) delivery by a third-party contractor, independent
21
contractor, or agent with whom the licensed retailer has
22
contracted to make deliveries of alcoholic liquors.
23
Under
paragraph
subsection
(1), (2), or (3), delivery
24
shall not include the use of common carriers.
25
Any retail license issued to a manufacturer shall only
26
permit the manufacturer to sell beer at retail on the premises
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LRB104 15791 RPS 28984 b
1
actually occupied by the manufacturer. For the purpose of
2
further describing the type of business conducted at a retail
3
licensed premises, a retailer's licensee may be designated by
4
the State Commission as (i) an on premise consumption
5
retailer, (ii) an off premise sale retailer, or (iii) a
6
combined on premise consumption and off premise sale retailer.
7
Except for a municipality with a population of more than
8
1,000,000 inhabitants, a home rule unit may not regulate the
9
delivery of alcoholic liquor inconsistent with this
10
subsection. This paragraph is a limitation under subsection
11
(i) of Section 6 of Article VII of the Illinois Constitution on
12
the concurrent exercise by home rule units of powers and
13
functions exercised by the State. A non-home rule municipality
14
may not regulate the delivery of alcoholic liquor inconsistent
15
with this subsection.
16
Notwithstanding any other provision of this subsection
17
(d), a retail licensee may sell alcoholic liquors to a special
18
event retailer licensee for resale to the extent permitted
19
under subsection (e).
20
(e) A special event retailer's license (not-for-profit)
21
shall permit the licensee to purchase alcoholic liquors from
22
an Illinois licensed distributor (unless the licensee
23
purchases less than $500 of alcoholic liquors for the special
24
event, in which case the licensee may purchase the alcoholic
25
liquors from a licensed retailer) and shall allow the licensee
26
to sell and offer for sale, at retail, alcoholic liquors for
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1
use or consumption, but not for resale in any form and only at
2
the location and on the specific dates designated for the
3
special event in the license. An applicant for a special event
4
retailer license must (i) furnish with the application: (A) a
5
resale number issued under Section 2c of the Retailers'
6
Occupation Tax Act or evidence that the applicant is
7
registered under Section 2a of the Retailers' Occupation Tax
8
Act, (B) a current, valid exemption identification number
9
issued under Section 1g of the Retailers' Occupation Tax Act
,
10
and a certification to the
State
Commission that the purchase
11
of alcoholic liquors will be a tax-exempt purchase, or (C) a
12
statement that the applicant is not registered under Section
13
2a of the Retailers' Occupation Tax Act, does not hold a resale
14
number under Section 2c of the Retailers' Occupation Tax Act,
15
and does not hold an exemption number under Section 1g of the
16
Retailers' Occupation Tax Act, in which event the
State
17
Commission shall set forth on the special event retailer's
18
license a statement to that effect; (ii) submit with the
19
application proof satisfactory to the State Commission that
20
the applicant will provide dram shop liability insurance in
21
the maximum limits; and (iii) show proof satisfactory to the
22
State Commission that the applicant has obtained local
23
authority approval.
24
Nothing in this Act prohibits an Illinois licensed
25
distributor from offering credit or a refund for unused,
26
salable alcoholic liquors to a holder of a special event
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LRB104 15791 RPS 28984 b
1
retailer's license or the special event retailer's licensee
2
from accepting the credit or refund of alcoholic liquors at
3
the conclusion of the event specified in the license.
4
(f) A railroad license shall permit the licensee to import
5
alcoholic liquors into this State from any point in the United
6
States outside this State and to store such alcoholic liquors
7
in this State; to make wholesale purchases of alcoholic
8
liquors directly from manufacturers, foreign importers,
9
distributors and importing distributors from within or outside
10
this State; and to store such alcoholic liquors in this State;
11
provided that the above powers may be exercised only in
12
connection with the importation, purchase or storage of
13
alcoholic liquors to be sold or dispensed on a club, buffet,
14
lounge
,
or dining car operated on an electric, gas
,
or steam
15
railway in this State; and provided further, that railroad
16
licensees exercising the above powers shall be subject to all
17
provisions of Article VIII of this Act as applied to importing
18
distributors. A railroad license shall also permit the
19
licensee to sell or dispense alcoholic liquors on any club,
20
buffet, lounge
,
or dining car operated on an electric, gas
,
or
21
steam railway regularly operated by a common carrier in this
22
State, but shall not permit the sale for resale of any
23
alcoholic liquors to any licensee within this State. A license
24
shall be obtained for each car in which such sales are made.
25
(g) A boat license shall allow the sale of alcoholic
26
liquor in individual drinks
,
on any passenger boat regularly
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LRB104 15791 RPS 28984 b
1
operated as a common carrier on navigable waters in this State
2
or on any riverboat operated under the Illinois Gambling Act,
3
which boat or riverboat maintains a public dining room or
4
restaurant thereon.
5
(h) A non-beverage user's license shall allow the licensee
6
to purchase alcoholic liquor from a licensed manufacturer or
7
importing distributor, without the imposition of any tax upon
8
the business of such licensed manufacturer or importing
9
distributor as to such alcoholic liquor to be used by such
10
licensee solely for the non-beverage purposes set forth in
11
subsection (a) of Section 8-1 of this Act, and such licenses
12
shall be divided and classified and shall permit the purchase,
13
possession
,
and use of limited and stated quantities of
14
alcoholic liquor as follows:
15
Class 1, not to exceed
.........................
500 gallons
16
Class 2, not to exceed
.......................
1,000 gallons
17
Class 3, not to exceed
.......................
5,000 gallons
18
Class 4, not to exceed
......................
10,000 gallons
19
Class 5, not to exceed
.......................
50,000 gallons
20
(i) A wine-maker's premises license shall allow a licensee
21
that concurrently holds a first-class wine-maker's license to
22
sell and offer for sale at retail in the premises specified in
23
such license not more than 50,000 gallons of the first-class
24
wine-maker's wine that is made at the first-class wine-maker's
25
licensed premises per year for use or consumption, but not for
26
resale in any form. A wine-maker's premises license shall
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LRB104 15791 RPS 28984 b
1
allow a licensee who concurrently holds a second-class
2
wine-maker's license to sell and offer for sale at retail in
3
the premises specified in such license up to 100,000 gallons
4
of the second-class wine-maker's wine that is made at the
5
second-class wine-maker's licensed premises per year for use
6
or consumption but not for resale in any form. A first-class
7
wine-maker that concurrently holds a class 1 brewer license or
8
a class 1 craft distiller license shall not be eligible to hold
9
a wine-maker's premises license. A wine-maker's premises
10
license shall allow a licensee that concurrently holds a
11
first-class wine-maker's license or a second-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 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
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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
6
within or outside this State; and to store such alcoholic
7
liquors in this State; provided that the above powers may be
8
exercised only in connection with the importation, purchase
,
9
or storage of alcoholic liquors to be sold or dispensed on an
10
airplane; and provided further, that airplane licensees
11
exercising the above powers shall be subject to all provisions
12
of Article VIII of this Act as applied to importing
13
distributors. An airplane licensee shall also permit the sale
14
or dispensing of alcoholic liquors on any passenger airplane
15
regularly operated by a common carrier in this State, but
16
shall not permit the sale for resale of any alcoholic liquors
17
to any licensee within this State. A single airplane license
18
shall be required of an airline company if liquor service is
19
provided on board aircraft in this State. The annual fee for
20
such license shall 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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LRB104 15791 RPS 28984 b
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
State
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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LRB104 15791 RPS 28984 b
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
State
Commission, beer manufactured on another brew pub
25
licensed premises that is wholly owned and operated by the
26
same licensee to importing distributors, distributors, and
to
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LRB104 15791 RPS 28984 b
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
State
Commission, annually transfer no more than 155,000
10
gallons of beer manufactured on the premises to a licensed
11
brew pub wholly owned and operated by the same licensee, and
12
(vii) notwithstanding item (i) of this subsection, brew pubs
13
wholly owned and operated by the same licensee may combine
14
each location's production limit of 155,000 gallons of beer
15
per 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
HB4629
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LRB104 15791 RPS 28984 b
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
2
two
brew
HB4629
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LRB104 15791 RPS 28984 b
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,
12
until 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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LRB104 15791 RPS 28984 b
1
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
canceled
cancelled
and if:
4
(i) the holder of a caterer retailer license has not
5
transferred alcoholic liquor from its caterer retailer
6
premises to an off-site location; (ii) the distributor or
7
importing distributor offers the credit or refund for the
8
unused, salable beer that it delivered to the off-site
9
premises and not for any unused, salable beer that the
10
distributor or importing distributor delivered to the caterer
11
retailer's premises; and (iii) the unused, salable beer would
12
likely spoil if transferred to the caterer retailer's
13
premises. A caterer retailer license shall allow the holder to
14
transfer any inventory from any off-site location to its
15
caterer retailer premises at the conclusion of an off-site
16
event or engage a distributor or importing distributor to
17
transfer any inventory from any off-site location to its
18
caterer retailer premises at the conclusion of an off-site
19
event, provided that the distributor or importing distributor
20
issues bona fide charges to the caterer retailer licensee for
21
fuel, labor, and delivery and the distributor or importing
22
distributor collects payment from the caterer retailer
23
licensee prior to the distributor or importing distributor
24
transferring inventory to 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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1
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
HB4629
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LRB104 15791 RPS 28984 b
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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LRB104 15791 RPS 28984 b
1
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 or second-class wine manufacturer's license, a
5
first-class or second-class wine-maker's license, or a limited
6
wine manufacturer's license or who is licensed to make wine
7
under the laws of another state to ship wine made by that
8
licensee directly to a resident of this State who is 21 years
9
of age or older for that resident's personal use and not for
10
resale. Prior to receiving a winery shipper's license, an
11
applicant for the license must provide the
State
Commission
12
with a true copy of its current license in any state in which
13
it is licensed as a manufacturer of wine. An applicant for a
14
winery shipper's license must also complete an application
15
form that provides any other information the
State
Commission
16
deems necessary. The application form shall include all
17
addresses from which the applicant for a winery shipper's
18
license intends to ship wine, including the name and address
19
of any third party, except for a common carrier, authorized to
20
ship wine on behalf of the manufacturer. The application form
21
shall include an
acknowledgment
acknowledgement
consenting to
22
the jurisdiction of the
State
Commission, the Illinois
23
Department of Revenue, and the courts of this State concerning
24
the enforcement of this Act and any related laws, rules, and
25
regulations, including authorizing the Department of Revenue
26
and the
State
Commission to conduct audits for the purpose of
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1
ensuring compliance with Public Act 95-634, and an
2
acknowledgment
acknowledgement
that the wine manufacturer is
3
in 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 or second-class wine-maker's licensee, a limited
7
wine manufacturer's licensee, or a person who is licensed to
8
make wine under the laws of another state shall also be
9
disclosed by the winery shipper's licensee, and a copy of the
10
written appointment of the third-party wine provider, except
11
for a common carrier, to the wine manufacturer shall be filed
12
with the State Commission as a supplement to the winery
13
shipper's license application or any renewal thereof. The
14
winery shipper's license holder shall affirm under penalty of
15
perjury, as part of the winery shipper's license application
16
or renewal, that he or she only ships wine, either directly or
17
indirectly through a third-party provider, from the licensee's
18
own production.
19
Except for a common carrier, a third-party provider
20
shipping wine on behalf of a winery shipper's license holder
21
is the agent of the winery shipper's license holder and, as
22
such, a winery shipper's license holder is responsible for the
23
acts and omissions of the third-party provider acting on
24
behalf of the license holder. A third-party provider, except
25
for a common carrier, that engages in shipping wine into
26
Illinois on behalf of a winery shipper's license holder shall
HB4629
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LRB104 15791 RPS 28984 b
1
consent to the jurisdiction of the State Commission and the
2
State. Any third-party, except for a common carrier, holding
3
such an appointment shall, by February 1 of each calendar year
4
and upon request by the State Commission or the Department of
5
Revenue, file with the State Commission a statement detailing
6
each shipment made to an Illinois resident. The statement
7
shall include the name and address of the third-party provider
8
filing the statement, the time period covered by the
9
statement, and the following information:
10
(1) the name, address, and license number of the
11
winery shipper on whose behalf the shipment was made;
12
(2) the quantity of the products delivered; and
13
(3) the date and address of the shipment.
14
If the Department of Revenue or the State Commission requests
15
a statement under this paragraph, the third-party provider
16
must provide that statement no later than 30 days after the
17
request is made. Any books, records, supporting papers, and
18
documents containing information and data relating to a
19
statement under this paragraph shall be kept and preserved for
20
a period of 3 years, unless their destruction sooner is
21
authorized, in writing, by the Director of Revenue, and shall
22
be open and available to inspection by the Director of Revenue
23
or the State Commission or any duly authorized officer, agent,
24
or employee of the State Commission or the Department of
25
Revenue, at all times during business hours of the day. Any
26
person who violates any provision of this paragraph or any
HB4629
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1
rule of the State Commission for the administration and
2
enforcement of the provisions of this paragraph is guilty of a
3
Class C misdemeanor. In case of a continuing violation, each
4
day's continuance thereof shall be a separate and distinct
5
offense.
6
The State Commission shall adopt rules as soon as
7
practicable to implement the requirements of Public Act 99-904
8
and shall adopt rules prohibiting any such third-party
9
appointment of a third-party provider, except for a common
10
carrier, that has been deemed by the State Commission to have
11
violated the provisions of this Act with regard to any winery
12
shipper licensee.
13
A winery shipper licensee must pay to the Department of
14
Revenue the State liquor gallonage tax under Section 8-1 for
15
all wine that is sold by the licensee and shipped to a person
16
in this State. For the purposes of Section 8-1, a winery
17
shipper licensee shall be taxed in the same manner as a
18
manufacturer of wine. A licensee who is not otherwise required
19
to register under the Retailers' Occupation Tax Act must
20
register under the Use Tax Act to collect and remit use tax to
21
the Department of Revenue for all gallons of wine that are sold
22
by the licensee and shipped to persons in this State. If a
23
licensee fails to remit the tax imposed under this Act in
24
accordance with the provisions of Article VIII of this Act,
25
the winery shipper's license shall be revoked in accordance
26
with the provisions of Article VII of this Act. If a licensee
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LRB104 15791 RPS 28984 b
1
fails to properly register and remit tax under the Use Tax Act
2
or the Retailers' Occupation Tax Act for all wine that is sold
3
by the winery shipper and shipped to persons in this State, the
4
winery shipper's license shall be revoked in accordance with
5
the provisions of Article VII of this Act.
6
A winery shipper licensee must collect, maintain, and
7
submit to the
State
Commission on a semi-annual basis the
8
total number of cases per resident of wine shipped to
9
residents of this State. A winery shipper licensed under this
10
subsection (r) must comply with the requirements of Section
11
6-29 of this Act.
12
Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
13
Section 3-12, the State Commission may receive, respond to,
14
and investigate any complaint and impose any of the remedies
15
specified in paragraph (1) of subsection (a) of Section 3-12.
16
As used in this subsection, "third-party provider" means
17
any entity that provides fulfillment house services, including
18
warehousing, packaging, distribution, order processing, or
19
shipment of wine, but not the sale of wine, on behalf of a
20
licensed winery shipper.
21
(s) A craft distiller tasting permit license shall allow
22
an Illinois licensed class 1 craft distiller or class 2 craft
23
distiller to transfer a portion of its alcoholic liquor
24
inventory from its class 1 craft distiller or class 2 craft
25
distiller licensed premises to the premises specified in the
26
license hereby created and to conduct a sampling, only in the
HB4629
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LRB104 15791 RPS 28984 b
1
premises specified in the license hereby created, of the
2
transferred alcoholic liquor in accordance with subsection (c)
3
of Section 6-31 of this Act. The transferred alcoholic liquor
4
may not be sold or resold in any form. An applicant for the
5
craft distiller tasting permit license must also submit with
6
the application proof satisfactory to the State Commission
7
that the applicant will provide dram shop liability insurance
8
to the maximum limits and have local authority approval.
9
(t) A brewer warehouse permit may be issued to the holder
10
of a class 1 brewer license or a class 2 brewer license. If the
11
holder of the permit is a class 1 brewer licensee, the brewer
12
warehouse permit shall allow the holder to store or warehouse
13
up to 930,000 gallons of tax-determined beer manufactured by
14
the holder of the permit at the premises specified on the
15
permit. If the holder of the permit is a class 2 brewer
16
licensee, the brewer warehouse permit shall allow the holder
17
to store or warehouse up to 3,720,000 gallons of
18
tax-determined beer manufactured by the holder of the permit
19
at the premises specified on the permit. Sales to
20
non-licensees are prohibited at the premises specified in the
21
brewer warehouse permit.
22
(u) A distilling pub license shall allow the licensee to
23
only (i) manufacture up to 5,000 gallons of spirits per year
24
only on the premises specified in the license, (ii) make sales
25
of the spirits manufactured on the premises or, with the
26
approval of the State Commission, spirits manufactured on
HB4629
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LRB104 15791 RPS 28984 b
1
another distilling pub licensed premises that is wholly owned
2
and operated by the same licensee to importing distributors
3
and distributors and to non-licensees for use and consumption,
4
(iii) store the spirits upon the premises, (iv) sell and offer
5
for sale at retail from the licensed premises for off-premises
6
consumption no more than 5,000 gallons per year so long as such
7
sales are only made in-person, (v) sell and offer for sale at
8
retail for use and consumption on the premises specified in
9
the license any form of alcoholic liquor purchased from a
10
licensed distributor or importing distributor, and (vi) with
11
the prior approval of the State Commission, annually transfer
12
no more than 5,000 gallons of spirits manufactured on the
13
premises to a licensed distilling pub wholly owned and
14
operated by the same licensee.
15
A distilling pub licensee shall not under any circumstance
16
sell or offer for sale spirits manufactured by the distilling
17
pub licensee to retail licensees.
18
A person who holds a class 2 craft distiller license may
19
simultaneously hold a distilling pub license if the class 2
20
craft distiller (i) does not, under any circumstance, sell or
21
offer for sale spirits manufactured by the class 2 craft
22
distiller to retail licensees; (ii) does not hold more than 3
23
distilling pub licenses in this State; (iii) does not
24
manufacture more than a combined 100,000 gallons of spirits
25
per year, including the spirits manufactured at the distilling
26
pub; and (iv) is not a member of or affiliated with, directly
HB4629
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LRB104 15791 RPS 28984 b
1
or indirectly, a manufacturer that produces more than 100,000
2
gallons of spirits per year or any other alcoholic liquor.
3
(v) A craft distiller warehouse permit may be issued to
4
the holder of a class 1 craft distiller or class 2 craft
5
distiller license. The craft distiller warehouse permit shall
6
allow the holder to store or warehouse up to 500,000 gallons of
7
spirits manufactured by the holder of the permit at the
8
premises specified on the permit. Sales to non-licensees are
9
prohibited at the premises specified in the craft distiller
10
warehouse permit.
11
(w) A beer showcase permit license shall allow an
12
Illinois-licensed distributor to transfer a portion of its
13
beer inventory from its licensed premises to the premises
14
specified in the beer showcase permit license, and, in the
15
case of a class 3 brewer, transfer only beer the class 3 brewer
16
manufactures from its licensed premises to the premises
17
specified in the beer showcase permit license; and to sell or
18
offer for sale at retail, only in the premises specified in the
19
beer showcase permit license, the transferred or delivered
20
beer for on or off premise consumption, but not for resale in
21
any form and to sell to non-licensees not more than 96 fluid
22
ounces of beer per person. A beer showcase permit license may
23
be granted for the following time periods: one day or less; or
24
2 or more days to a maximum of 15 days per location in any
25
12-month period. An applicant for a beer showcase permit
26
license must also submit with the application proof
HB4629
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LRB104 15791 RPS 28984 b
1
satisfactory to the State Commission that the applicant will
2
provide dram shop liability insurance to the maximum limits
3
and have local authority approval. The State Commission shall
4
require the beer showcase applicant to comply with Section
5
6-27.1.
6
(x) A vintage distilled spirits license may be issued to a
7
retail licensee as a supplement to the retail license. A
8
vintage distilled spirits license shall allow the licensee to
9
purchase vintage distilled spirits from a vintage distilled
10
spirits seller in accordance with Section 6-40 and to sell
11
vintage distilled spirits in accordance with Section 6-40.
12
(Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19;
13
101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff.
14
8-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22;
15
102-442, eff. 8-20-21; 102-1142, eff. 2-17-23; revised
16
7-2-25.)
17
(235 ILCS 5/5-3)
(from Ch. 43, par. 118)
18
Sec. 5-3.
License fees.
Except as otherwise provided
19
herein, at the time application is made to the State
20
Commission for a license of any class, the applicant shall pay
21
to the State Commission the fee hereinafter provided for the
22
kind of license applied for.
23
The fee for licenses issued by the State Commission shall
24
be as follows:
25
Online
Initial
HB4629
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LRB104 15791 RPS 28984 b
1
renewal
license
2
or
3
non-online
4
renewal
5
For a manufacturer's license:
6
Class 1. Distiller
.................
$4,000
$5,000
7
Class 2. Rectifier
.................
4,000
5,000
8
Class 3. Brewer
....................
1,200
1,500
9
Class 4. First-class Wine
10
Manufacturer
...................
750
900
11
Class 5. Second-class
12
Wine Manufacturer
..............
1,500
1,750
13
Class 6. First-class wine-maker
....
750
900
14
Class 7. Second-class wine-maker
...
1,500
1,750
15
Class 8. Limited Wine
16
Manufacturer
....................
250
350
17
Class 9. Craft Distiller
...........
2,000
2,500
18
Class 10. Class 1 Craft Distiller
..
50
75
19
Class 11. Class 2 Craft Distiller
..
75
100
20
Class 12. Class 1 Brewer
............
50
75
21
Class 13. Class 2 Brewer
...........
75
100
22
Class 14. Class 3 Brewer
...........
25
50
23
For a Brew Pub License
..............
1,200
1,500
24
For a Distilling Pub License
.......
1,200
1,500
25
For a caterer retailer's license
....
350
500
26
For a foreign importer's license
...
25
25
HB4629
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LRB104 15791 RPS 28984 b
1
For an importing distributor's
2
license
.........................
25
25
3
For a distributor's license
4
(11,250,000 gallons
5
or over)
.......................
1,450
2,200
6
For a distributor's license
7
(over 4,500,000 gallons, but
8
under 11,250,000 gallons)
......
950
1,450
9
For a distributor's license
10
(4,500,000 gallons or under)
....
300
450
11
For a non-resident dealer's license
12
(500,000 gallons or over)
13
or with self-distribution
14
privileges
.....................
1,200
1,500
15
For a non-resident dealer's license
16
(under 500,000 gallons)
........
250
350
17
For a wine-maker's premises
18
license
........................
250
500
19
For a winery shipper's license
20
(under 250,000 gallons)
.........
200
350
21
For a winery shipper's license
22
(250,000 or over, but
23
under 500,000 gallons)
..........
750
1,000
24
For a winery shipper's license
25
(500,000 gallons or over)
.......
1,200
1,500
26
For a wine-maker's premises
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LRB104 15791 RPS 28984 b
1
license, second location
.......
500
1,000
2
For a wine-maker's premises
3
license, third location
........
500
1,000
4
For a retailer's license
...........
600
750
5
For a special event retailer's
6
license, (not-for-profit)
......
25
25
7
For a beer showcase permit,
8
one day only
..................
100
150
9
2 days or more
................
150
250
10
For a special use permit license,
11
one day only
...................
100
150
12
2 days or more
.................
150
250
13
For a railroad license
.............
100
150
14
For a boat license
.................
500
1,000
15
For an airplane license, times the
16
licensee's maximum number of
17
aircraft in flight, serving
18
liquor over the State at any
19
given time, which either
20
originate, terminate, or make
21
an intermediate stop in
22
the State
......................
100
150
23
For a non-beverage user's license:
24
Class 1
........................
24
24
25
Class 2
........................
60
60
26
Class 3
........................
120
120
HB4629
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LRB104 15791 RPS 28984 b
1
Class 4
........................
240
240
2
Class 5
........................
600
600
3
For a broker's license
.............
750
1,000
4
For an auction liquor license
......
100
150
5
For a homebrewer special
6
event permit
....................
25
25
7
For a craft distiller
8
tasting permit
..................
25
25
9
For a BASSET trainer license
.......
300
350
10
For a tasting representative
11
license
........................
200
300
12
For a brewer warehouse permit
......
25
25
13
For a craft distiller
14
warehouse permit
................
25
25
15
For a vintage distilled
16
spirits license
.
300
300
17
Fees collected under this Section shall be paid into the
18
Dram Shop Fund. The State Commission shall waive license
19
renewal fees for those retailers' licenses that are designated
20
as "1A" by the State Commission and expire on or after July 1,
21
2022, and on or before June 30, 2023. One-half of the funds
22
received for a retailer's license shall be paid into the Dram
23
Shop Fund and one-half of the funds received for a retailer's
24
license shall be paid into the General Revenue Fund.
25
No fee shall be paid for licenses issued by the State
26
Commission to the following non-beverage users:
HB4629
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LRB104 15791 RPS 28984 b
1
(a) Hospitals, sanitariums, or clinics when their use
2
of alcoholic liquor is exclusively medicinal, mechanical,
3
or scientific.
4
(b) Universities, colleges of learning, or schools
5
when their use of alcoholic liquor is exclusively
6
medicinal, mechanical, or scientific.
7
(c) Laboratories when their use is exclusively for the
8
purpose of scientific research.
9
(Source: P.A. 102-442, eff. 8-20-21; 102-558, eff. 8-20-21;
10
102-699, eff. 4-19-22; 102-1142, eff. 2-17-23; 103-154, eff.
11
6-30-23; 103-605, eff. 7-1-24.)
12
(235 ILCS 5/6-40 new)
13
Sec. 6-40.
Vintage distilled spirits sales.
14
(a) As used in this Section:
15
"Vintage distilled spirits" means a private selection
16
package or a package or packages of distilled spirits that (i)
17
are in their original manufacturer's unopened container, (ii)
18
are not owned by a distillery, and (iii) are not otherwise
19
available for purchase from a licensed wholesaler within this
20
State.
21
"Vintage distilled spirits seller" means a non-licensed
22
person at least 21 years of age who is:
23
(1) an administrator, executor, receiver, or other
24
fiduciary who receives and sells vintage distilled spirits
25
in execution of the person's fiduciary capacity;
HB4629
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LRB104 15791 RPS 28984 b
1
(2) a creditor who receives or takes possession of
2
vintage distilled spirits as security for, or in payment
3
of, debt, in whole or in part;
4
(3) a public officer or court official who levies on
5
vintage distilled spirits under order or process of any
6
court or magistrate to sell the vintage distilled spirits
7
in satisfaction of the order or process; or
8
(4) any other person not engaged in the business of
9
selling alcoholic beverages.
10
(b) A vintage distilled spirits license may be issued as a
11
supplementary license to a retail licensee.
12
(c) A vintage distilled spirits licensee shall file a
13
monthly report with the State Commission, which shall be
14
established and maintained by the State Commission, using a
15
form prescribed by the State Commission that includes the
16
following information:
17
(1) the number of vintage distilled spirits packages
18
purchased in the preceding 30 days in total, with each
19
purchase matched to the individual from whom the vintage
20
distilled spirits were purchased;
21
(2) the date of each purchase;
22
(3) the name, address, and phone number of each
23
individual from whom vintage distilled spirits were
24
purchased;
25
(4) a detailed description of the vintage distilled
26
spirits purchased, including the brand name and the size
HB4629
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LRB104 15791 RPS 28984 b
1
of the packages; and
2
(5) the number of vintage distilled spirits packages
3
that the licensee has previously purchased from the same
4
individual and the dates of those purchases.
5
(d) Vintage distilled spirits licensees shall purchase all
6
vintage distilled spirits in person at their licensed
7
premises, and at the time of purchase, the vintage distilled
8
spirits licensee shall immediately place a conspicuous
9
sticker, not readily removable, on the bottle or container
10
that states "Vintage Distilled Spirit.".
11
(e) Vintage distilled spirits may be resold only by the
12
drink by a vintage distilled spirits licensee with an
13
on-premises retail license and by the package by a vintage
14
distilled spirits licensee with an off-premises retail
15
license.
16
(f) A vintage distilled spirits licensee shall not
17
purchase more than 24 vintage distilled spirits packages from
18
any single vintage distilled spirits seller in any given
19
12-month period.
20
(g) A vintage distilled spirits seller shall not sell more
21
than 24 vintage distilled spirits packages to any single or
22
combination of vintage distilled spirits licensees in any
23
given 12-month period. A vintage distilled spirits seller who
24
violates this subsection shall be subject to a fine of $500 for
25
a first offense, $2,500 for a second offense, and $5,000 for a
26
third or subsequent offense.
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