Bill Amendment: IL HB2577 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LIQUOR-BOND REQUIREMENTS
Status: 2019-07-03 - Public Act . . . . . . . . . 101-0037 [HB2577 Detail]
Download: Illinois-2019-HB2577-Senate_Amendment_001.html
Bill Title: LIQUOR-BOND REQUIREMENTS
Status: 2019-07-03 - Public Act . . . . . . . . . 101-0037 [HB2577 Detail]
Download: Illinois-2019-HB2577-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 2577
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2 | AMENDMENT NO. ______. Amend House Bill 2577 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Liquor Control Act of 1934 is amended by | ||||||
5 | changing Sections 3-4, 8-2, 3-12, 10-1, and 10-7.1 as follows:
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6 | (235 ILCS 5/3-4) (from Ch. 43, par. 100)
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7 | Sec. 3-4. Authority to conduct investigations. The State | ||||||
8 | Commission commission shall obtain, pursuant to the provisions | ||||||
9 | of the
" Personnel Code " enacted by the 69th General Assembly , | ||||||
10 | such inspectors,
clerks , and other employees as may be | ||||||
11 | necessary to carry out the provisions
of this Act, or to | ||||||
12 | perform the duties and exercise the powers conferred by
law | ||||||
13 | upon the State Commission commission . The inspectors obtained | ||||||
14 | by the State Commission shall not be peace
officers and shall | ||||||
15 | not exercise any powers of a peace officer.
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16 | The State Commission shall have the power to appoint |
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1 | investigators to conduct investigations, searches, seizures, | ||||||
2 | arrests, and other duties required to enforce the provisions of | ||||||
3 | this Act, on behalf of the State Commission, and to ensure the | ||||||
4 | health, safety, and welfare of the People of the State of | ||||||
5 | Illinois. The Commission's investigators are peace officers | ||||||
6 | and have all the powers possessed by police officers in cities | ||||||
7 | and by sheriffs. State Commission investigators may exercise | ||||||
8 | these powers throughout the State whenever enforcing the | ||||||
9 | provisions of this Act, subject to the rules and orders of the | ||||||
10 | State Commission. No State Commission investigator may have | ||||||
11 | peace officer status or may exercise police powers unless: (1) | ||||||
12 | he or she successfully completes the basic police training | ||||||
13 | course mandated and approved by the Illinois Law Enforcement | ||||||
14 | Training Standards Board; or (2) the Illinois Law Enforcement | ||||||
15 | Training Standards Board waives the training requirement by | ||||||
16 | reason of the investigator's prior law enforcement experience, | ||||||
17 | training, or both. | ||||||
18 | The Executive Director must authorize to each investigator | ||||||
19 | of the State Commission and to any other employee of the | ||||||
20 | Department exercising the powers of a peace officer a distinct | ||||||
21 | badge that, on its face: (1) clearly states that the badge is | ||||||
22 | authorized by the State Commission; and (2) contains a unique | ||||||
23 | identifying number. No other badge shall be authorized by the | ||||||
24 | State Commission. Nothing in this Section prohibits the | ||||||
25 | Executive Director from issuing shields or other distinctive | ||||||
26 | identification to employees performing security or regulatory |
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1 | duties who are not peace officers if the Executive Director | ||||||
2 | determines that a shield or distinctive identification is | ||||||
3 | needed by the employee to carry out his or her | ||||||
4 | responsibilities. | ||||||
5 | (Source: P.A. 82-783.)
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6 | (235 ILCS 5/3-12)
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7 | Sec. 3-12. Powers and duties of State Commission.
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8 | (a) The State Commission shall have the following powers, | ||||||
9 | functions, and
duties:
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10 | (1) To receive applications and to issue licenses to | ||||||
11 | manufacturers,
foreign importers, importing distributors, | ||||||
12 | distributors, non-resident dealers,
on premise consumption | ||||||
13 | retailers, off premise sale retailers, special event
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14 | retailer licensees, special use permit licenses, auction | ||||||
15 | liquor licenses, brew
pubs, caterer retailers, | ||||||
16 | non-beverage users, railroads, including owners and
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17 | lessees of sleeping, dining and cafe cars, airplanes, | ||||||
18 | boats, brokers, and wine
maker's premises licensees in | ||||||
19 | accordance with the provisions of this Act, and
to suspend | ||||||
20 | or revoke such licenses upon the State Commission's | ||||||
21 | determination,
upon notice after hearing, that a licensee | ||||||
22 | has violated any provision of this
Act or any rule or | ||||||
23 | regulation issued pursuant thereto and in effect for 30 | ||||||
24 | days
prior to such violation. Except in the case of an | ||||||
25 | action taken pursuant to a
violation of Section 6-3, 6-5, |
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1 | or 6-9, any action by the State Commission to
suspend or | ||||||
2 | revoke a licensee's license may be limited to the license | ||||||
3 | for the
specific premises where the violation occurred.
An | ||||||
4 | action for a violation of this Act shall be commenced by | ||||||
5 | the State Commission within 2 years after the date the | ||||||
6 | State Commission becomes aware of the violation.
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7 | In lieu of suspending or revoking a license, the | ||||||
8 | commission may impose
a fine, upon the State Commission's | ||||||
9 | determination and notice after hearing,
that a licensee has | ||||||
10 | violated any provision of this Act or any rule or
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11 | regulation issued pursuant thereto and in effect for 30 | ||||||
12 | days prior to such
violation. | ||||||
13 | For the purpose of this paragraph (1), when determining | ||||||
14 | multiple violations for the sale of alcohol to a person | ||||||
15 | under the age of 21, a second or subsequent violation for | ||||||
16 | the sale of alcohol to a person under the age of 21 shall | ||||||
17 | only be considered if it was committed within 5 years after | ||||||
18 | the date when a prior violation for the sale of alcohol to | ||||||
19 | a person under the age of 21 was committed. | ||||||
20 | The fine imposed under this paragraph may not exceed | ||||||
21 | $500 for each
violation. Each day that the activity, which | ||||||
22 | gave rise to the original fine,
continues is a separate | ||||||
23 | violation. The maximum fine that may be levied against
any | ||||||
24 | licensee, for the period of the license, shall not exceed | ||||||
25 | $20,000.
The maximum penalty that may be imposed on a | ||||||
26 | licensee for selling a bottle of
alcoholic liquor with a |
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1 | foreign object in it or serving from a bottle of
alcoholic | ||||||
2 | liquor with a foreign object in it shall be the destruction | ||||||
3 | of that
bottle of alcoholic liquor for the first 10 bottles | ||||||
4 | so sold or served from by
the licensee. For the eleventh | ||||||
5 | bottle of alcoholic liquor and for each third
bottle | ||||||
6 | thereafter sold or served from by the licensee with a | ||||||
7 | foreign object in
it, the maximum penalty that may be | ||||||
8 | imposed on the licensee is the destruction
of the bottle of | ||||||
9 | alcoholic liquor and a fine of up to $50.
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10 | Any notice issued by the State Commission to a licensee | ||||||
11 | for a violation of this Act or any notice with respect to | ||||||
12 | settlement or offer in compromise shall include the field | ||||||
13 | report, photographs, and any other supporting | ||||||
14 | documentation necessary to reasonably inform the licensee | ||||||
15 | of the nature and extent of the violation or the conduct | ||||||
16 | alleged to have occurred. The failure to include such | ||||||
17 | required documentation shall result in the dismissal of the | ||||||
18 | action. | ||||||
19 | (2) To adopt such rules and regulations consistent with | ||||||
20 | the
provisions of this Act which shall be necessary to | ||||||
21 | carry on its
functions and duties to the end that the | ||||||
22 | health, safety and welfare of
the People of the State of | ||||||
23 | Illinois shall be protected and temperance in
the | ||||||
24 | consumption of alcoholic liquors shall be fostered and | ||||||
25 | promoted and
to distribute copies of such rules and | ||||||
26 | regulations to all licensees
affected thereby.
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1 | (3) To call upon other administrative departments of | ||||||
2 | the State,
county and municipal governments, county and | ||||||
3 | city police departments and
upon prosecuting officers for | ||||||
4 | such information and assistance as it
deems necessary in | ||||||
5 | the performance of its duties.
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6 | (4) To recommend to local commissioners rules and | ||||||
7 | regulations, not
inconsistent with the law, for the | ||||||
8 | distribution and sale of alcoholic
liquors throughout the | ||||||
9 | State.
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10 | (5) To inspect, or cause to be inspected, any
premises | ||||||
11 | in this State
where alcoholic liquors are manufactured, | ||||||
12 | distributed, warehoused, or
sold. Nothing in this Act
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13 | authorizes an agent of the State Commission Commission to | ||||||
14 | inspect private
areas within the premises without | ||||||
15 | reasonable suspicion or a warrant
during an inspection. | ||||||
16 | "Private areas" include, but are not limited to, safes, | ||||||
17 | personal property, and closed desks.
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18 | (5.1) Upon receipt of a complaint or upon having | ||||||
19 | knowledge that any person
is engaged in business as a | ||||||
20 | manufacturer, importing distributor, distributor,
or | ||||||
21 | retailer without a license or valid license, to conduct an | ||||||
22 | investigation. If, after conducting an investigation, the | ||||||
23 | State Commission is satisfied that the alleged conduct | ||||||
24 | occurred or is occurring, it may issue a cease and desist | ||||||
25 | notice as provided in this Act, impose civil penalties as | ||||||
26 | provided in this Act, to notify the local liquor
authority, |
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1 | or file a complaint with the State's Attorney's Office of | ||||||
2 | the county
where the incident occurred or the Attorney | ||||||
3 | General , or initiate an investigation with the appropriate
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4 | law enforcement officials .
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5 | (5.2) Upon receipt of a complaint or upon having | ||||||
6 | knowledge that any person is To issue a cease and desist | ||||||
7 | notice to persons shipping alcoholic
liquor
into this State | ||||||
8 | from a point outside of this State if the shipment is in
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9 | violation of this Act , to conduct an investigation. If, | ||||||
10 | after conducting an investigation, the State Commission is | ||||||
11 | satisfied that the alleged conduct occurred or is | ||||||
12 | occurring, it may issue a cease and desist notice as | ||||||
13 | provided in this Act, impose civil penalties as provided in | ||||||
14 | this Act, notify the foreign jurisdiction, or file a | ||||||
15 | complaint with the State's Attorney's Office of the county | ||||||
16 | where the incident occurred or the Attorney General .
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17 | (5.3) To receive complaints from licensees, local | ||||||
18 | officials, law
enforcement agencies, organizations, and | ||||||
19 | persons stating that any licensee has
been or is violating | ||||||
20 | any provision of this Act or the rules and regulations
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21 | issued pursuant to this Act. Such complaints shall be in | ||||||
22 | writing, signed and
sworn to by the person making the | ||||||
23 | complaint, and shall state with specificity
the facts in | ||||||
24 | relation to the alleged violation. If the State Commission | ||||||
25 | has
reasonable grounds to believe that the complaint | ||||||
26 | substantially alleges a
violation of this Act or rules and |
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1 | regulations adopted pursuant to this Act, it
shall conduct | ||||||
2 | an investigation. If, after conducting an investigation, | ||||||
3 | the
State Commission is satisfied that the alleged | ||||||
4 | violation did occur, it shall proceed
with disciplinary | ||||||
5 | action against the licensee as provided in this Act.
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6 | (5.4) To make arrests and issue notices of civil | ||||||
7 | violations where necessary for the enforcement of this Act. | ||||||
8 | (5.5) To investigate any and all unlicensed activity. | ||||||
9 | (5.6) To impose civil penalties or fines to any person | ||||||
10 | who, without holding a valid license, engages in conduct | ||||||
11 | that requires a license pursuant to this Act, in an amount | ||||||
12 | not to exceed $20,000 for each offense as determined by the | ||||||
13 | State Commission. A civil penalty shall be assessed by the | ||||||
14 | State Commission after a hearing is held in accordance with | ||||||
15 | the provisions set forth in this Act regarding the | ||||||
16 | provision of a hearing for the revocation or suspension of | ||||||
17 | a license. | ||||||
18 | (6) To hear and determine appeals from orders of a | ||||||
19 | local commission
in accordance with the provisions of this | ||||||
20 | Act, as hereinafter set forth.
Hearings under this | ||||||
21 | subsection shall be held in Springfield or Chicago,
at | ||||||
22 | whichever location is the more convenient for the majority | ||||||
23 | of persons
who are parties to the hearing.
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24 | (7) The State Commission commission shall establish | ||||||
25 | uniform systems of accounts to be
kept by all retail | ||||||
26 | licensees having more than 4 employees, and for this
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1 | purpose the State Commission commission may classify all | ||||||
2 | retail licensees having more
than 4 employees and establish | ||||||
3 | a uniform system of accounts for each
class and prescribe | ||||||
4 | the manner in which such accounts shall be kept.
The State | ||||||
5 | Commission commission may also prescribe the forms of | ||||||
6 | accounts to be kept by
all retail licensees having more | ||||||
7 | than 4 employees, including but not
limited to accounts of | ||||||
8 | earnings and expenses and any distribution,
payment, or | ||||||
9 | other distribution of earnings or assets, and any other
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10 | forms, records and memoranda which in the judgment of the | ||||||
11 | commission may
be necessary or appropriate to carry out any | ||||||
12 | of the provisions of this
Act, including but not limited to | ||||||
13 | such forms, records and memoranda as
will readily and | ||||||
14 | accurately disclose at all times the beneficial
ownership | ||||||
15 | of such retail licensed business. The accounts, forms,
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16 | records and memoranda shall be available at all reasonable | ||||||
17 | times for
inspection by authorized representatives of the | ||||||
18 | State Commission or by
any local liquor control | ||||||
19 | commissioner or his or her authorized representative.
The | ||||||
20 | commission, may, from time to time, alter, amend or repeal, | ||||||
21 | in whole
or in part, any uniform system of accounts, or the | ||||||
22 | form and manner of
keeping accounts.
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23 | (8) In the conduct of any hearing authorized to be held | ||||||
24 | by the State Commission
commission , to appoint, at the | ||||||
25 | commission's discretion, hearing officers
to conduct | ||||||
26 | hearings involving complex issues or issues that will |
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1 | require a
protracted period of time to resolve, to examine, | ||||||
2 | or cause to be examined,
under oath, any licensee, and to | ||||||
3 | examine or cause to be examined the books and
records
of | ||||||
4 | such licensee; to hear testimony and take proof material | ||||||
5 | for its
information in the discharge of its duties | ||||||
6 | hereunder; to administer or
cause to be administered oaths; | ||||||
7 | for any such purpose to issue
subpoena or subpoenas to | ||||||
8 | require the attendance of witnesses and the
production of | ||||||
9 | books, which shall be effective in any part of this State, | ||||||
10 | and
to adopt rules to implement its powers under this | ||||||
11 | paragraph (8).
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12 | Any circuit court may by order duly entered,
require | ||||||
13 | the attendance of witnesses and the production of relevant | ||||||
14 | books
subpoenaed by the State Commission and the court may | ||||||
15 | compel
obedience to its order by proceedings for contempt.
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16 | (9) To investigate the administration of laws in | ||||||
17 | relation to
alcoholic liquors in this and other states and | ||||||
18 | any foreign countries,
and to recommend from time to time | ||||||
19 | to the Governor and through him or
her to the legislature | ||||||
20 | of this State, such amendments to this Act, if any, as
it | ||||||
21 | may think desirable and as will serve to further the | ||||||
22 | general broad
purposes contained in Section 1-2 hereof.
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23 | (10) To adopt such rules and regulations consistent | ||||||
24 | with the
provisions of this Act which shall be necessary | ||||||
25 | for the control, sale or
disposition of alcoholic liquor | ||||||
26 | damaged as a result of an accident, wreck,
flood, fire or |
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1 | other similar occurrence.
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2 | (11) To develop industry educational programs related | ||||||
3 | to responsible
serving and selling, particularly in the | ||||||
4 | areas of overserving consumers and
illegal underage | ||||||
5 | purchasing and consumption of alcoholic beverages.
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6 | (11.1) To license persons providing education and | ||||||
7 | training to alcohol
beverage sellers and servers for | ||||||
8 | mandatory and non-mandatory training under the
Beverage | ||||||
9 | Alcohol Sellers and Servers
Education and Training | ||||||
10 | (BASSET) programs and to develop and administer a public
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11 | awareness program in Illinois to reduce or eliminate the | ||||||
12 | illegal purchase and
consumption of alcoholic beverage | ||||||
13 | products by persons under the age of 21.
Application for a | ||||||
14 | license shall be made on forms provided by the State
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15 | Commission.
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16 | (12) To develop and maintain a repository of license | ||||||
17 | and regulatory
information.
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18 | (13) (Blank).
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19 | (14) On or before April 30, 2008 and every 2 years
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20 | thereafter, the State Commission shall present a written
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21 | report to the Governor and the General Assembly that shall
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22 | be based on a study of the impact of Public Act 95-634 on | ||||||
23 | the business of soliciting,
selling, and shipping wine from | ||||||
24 | inside and outside of this
State directly to residents of | ||||||
25 | this State. As part of its
report, the State Commission | ||||||
26 | shall provide all of the
following information: |
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1 | (A) The amount of State excise and sales tax
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2 | revenues generated. | ||||||
3 | (B) The amount of licensing fees received. | ||||||
4 | (C) The number of cases of wine shipped from inside
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5 | and outside of this State directly to residents of this
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6 | State. | ||||||
7 | (D) The number of alcohol compliance operations
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8 | conducted. | ||||||
9 | (E) The number of winery shipper's licenses
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10 | issued. | ||||||
11 | (F) The number of each of the following: reported
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12 | violations; cease and desist notices issued by the
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13 | Commission; notices of violations issued by
the | ||||||
14 | Commission and to the Department of Revenue;
and | ||||||
15 | notices and complaints of violations to law
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16 | enforcement officials, including, without limitation,
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17 | the Illinois Attorney General and the U.S. Department
| ||||||
18 | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | ||||||
19 | (15) As a means to reduce the underage consumption of
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20 | alcoholic liquors, the State Commission shall conduct
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21 | alcohol compliance operations to investigate whether
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22 | businesses that are soliciting, selling, and shipping wine
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23 | from inside or outside of this State directly to residents
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24 | of this State are licensed by this State or are selling or
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25 | attempting to sell wine to persons under 21 years of age in
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26 | violation of this Act. |
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1 | (16) The State Commission shall, in addition to
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2 | notifying any appropriate law enforcement agency, submit
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3 | notices of complaints or violations of Sections 6-29 and
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4 | 6-29.1 by persons who do not hold a winery shipper's
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5 | license under this Act to the Illinois Attorney General and
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6 | to the U.S. Department of Treasury's Alcohol and Tobacco | ||||||
7 | 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 wine | ||||||
12 | 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. | ||||||
19 | (B) In the application, which shall be sworn under | ||||||
20 | penalty of perjury, such person shall state (1) the date it | ||||||
21 | was established; (2) its volume of production and sales for | ||||||
22 | each year since its establishment; (3) its efforts to | ||||||
23 | establish distributor relationships; (4) that a | ||||||
24 | self-distribution exemption is necessary to facilitate the | ||||||
25 | marketing of its wine; and (5) that it will comply with the | ||||||
26 | liquor and revenue laws of the United States, this State, |
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1 | and any other state where it is licensed. | ||||||
2 | (C) The State Commission shall approve the application | ||||||
3 | for a self-distribution exemption if such person: (1) is in | ||||||
4 | compliance with State revenue and liquor laws; (2) is not a | ||||||
5 | member of any affiliated group that produces more than | ||||||
6 | 25,000 gallons of wine per annum or produces any other | ||||||
7 | alcoholic liquor; (3) will not annually produce for sale | ||||||
8 | more than 25,000 gallons of wine; and (4) will not annually | ||||||
9 | sell more than 5,000 gallons of its wine to retail | ||||||
10 | 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 25,000 | ||||||
20 | gallons of wine in any calendar year, or become part of an | ||||||
21 | affiliated group producing more than 25,000 gallons of wine | ||||||
22 | or any other alcoholic liquor. | ||||||
23 | (E) Except in hearings for violations of this Act or | ||||||
24 | Public Act 95-634 or a bona fide investigation by duly | ||||||
25 | sworn law enforcement officials, the State Commission, or | ||||||
26 | its agents, the State Commission shall maintain the |
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1 | production and sales information of a self-distribution | ||||||
2 | exemption holder as confidential and shall not release such | ||||||
3 | information to any person. | ||||||
4 | (F) The State Commission shall issue regulations | ||||||
5 | governing self-distribution exemptions consistent with | ||||||
6 | this Section and this Act. | ||||||
7 | (G) Nothing in this paragraph subsection (17) shall | ||||||
8 | prohibit a self-distribution exemption holder from | ||||||
9 | entering into or simultaneously having a distribution | ||||||
10 | agreement with a licensed Illinois distributor. | ||||||
11 | (H) It is the intent of this paragraph subsection (17) | ||||||
12 | to promote and continue orderly markets. The General | ||||||
13 | Assembly finds that in order to preserve Illinois' | ||||||
14 | regulatory distribution system it is necessary to create an | ||||||
15 | exception for smaller makers of wine as their wines are | ||||||
16 | frequently adjusted in varietals, mixes, vintages, and | ||||||
17 | taste to find and create market niches sometimes too small | ||||||
18 | for distributor or importing distributor business | ||||||
19 | strategies. Limited self-distribution rights will afford | ||||||
20 | and allow smaller makers of wine access to the marketplace | ||||||
21 | in order to develop a customer base without impairing the | ||||||
22 | integrity of the 3-tier system.
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23 | (18)(A) A class 1 brewer licensee, who must also be | ||||||
24 | either a licensed brewer or licensed non-resident dealer | ||||||
25 | and annually manufacture less than 930,000 gallons of beer, | ||||||
26 | may make application to the State Commission for a |
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1 | self-distribution exemption to allow the sale of not more | ||||||
2 | than 232,500 gallons of the exemption holder's beer per | ||||||
3 | year to retail licensees and to brewers, class 1 brewers, | ||||||
4 | and class 2 brewers that, pursuant to subsection (e) of | ||||||
5 | Section 6-4 of this Act, sell beer, cider, or both beer and | ||||||
6 | cider to non-licensees at their breweries. | ||||||
7 | (B) In the application, which shall be sworn under | ||||||
8 | penalty of perjury, the class 1 brewer licensee shall state | ||||||
9 | (1) the date it was established; (2) its volume of beer | ||||||
10 | manufactured and sold for each year since its | ||||||
11 | establishment; (3) its efforts to establish distributor | ||||||
12 | relationships; (4) that a self-distribution exemption is | ||||||
13 | necessary to facilitate the marketing of its beer; and (5) | ||||||
14 | that it will comply with the alcoholic beverage and revenue | ||||||
15 | laws of the United States, this State, and any other state | ||||||
16 | where it is licensed. | ||||||
17 | (C) Any application submitted shall be posted on the | ||||||
18 | State Commission's website at least 45 days prior to action | ||||||
19 | by the State Commission. The State Commission shall approve | ||||||
20 | the application for a self-distribution exemption if the | ||||||
21 | class 1 brewer licensee: (1) is in compliance with the | ||||||
22 | State, revenue, and alcoholic beverage laws; (2) is not a | ||||||
23 | member of any affiliated group that manufactures more than | ||||||
24 | 930,000 gallons of beer per annum or produces any other | ||||||
25 | alcoholic beverages; (3) shall not annually manufacture | ||||||
26 | for sale more than 930,000 gallons of beer; (4) shall not |
| |||||||
| |||||||
1 | annually sell more than 232,500 gallons of its beer to | ||||||
2 | retail licensees or to brewers, class 1 brewers, and class | ||||||
3 | 2 brewers that, pursuant to subsection (e) of Section 6-4 | ||||||
4 | of this Act, sell beer, cider, or both beer and cider to | ||||||
5 | non-licensees at their breweries; and (5) has relinquished | ||||||
6 | any brew pub license held by the licensee, including any | ||||||
7 | ownership interest it held in the licensed brew pub. | ||||||
8 | (D) A self-distribution exemption holder shall | ||||||
9 | annually certify to the State Commission its manufacture of | ||||||
10 | beer during the previous 12 months and its anticipated | ||||||
11 | manufacture and sales of beer for the next 12 months. The | ||||||
12 | State Commission may fine, suspend, or revoke a | ||||||
13 | self-distribution exemption after a hearing if it finds | ||||||
14 | that the exemption holder has made a material | ||||||
15 | misrepresentation in its application, violated a revenue | ||||||
16 | or alcoholic beverage law of Illinois, exceeded the | ||||||
17 | manufacture of 930,000 gallons of beer in any calendar year | ||||||
18 | or became part of an affiliated group manufacturing more | ||||||
19 | than 930,000 gallons of beer or any other alcoholic | ||||||
20 | beverage. | ||||||
21 | (E) The State Commission shall issue rules and | ||||||
22 | regulations governing self-distribution exemptions | ||||||
23 | consistent with this Act. | ||||||
24 | (F) Nothing in this paragraph (18) shall prohibit a | ||||||
25 | self-distribution exemption holder from entering into or | ||||||
26 | simultaneously having a distribution agreement with a |
| |||||||
| |||||||
1 | licensed Illinois importing distributor or a distributor. | ||||||
2 | If a self-distribution exemption holder enters into a | ||||||
3 | distribution agreement and has assigned distribution | ||||||
4 | rights to an importing distributor or distributor, then the | ||||||
5 | self-distribution exemption holder's distribution rights | ||||||
6 | in the assigned territories shall cease in a reasonable | ||||||
7 | time not to exceed 60 days. | ||||||
8 | (G) It is the intent of this paragraph (18) to promote | ||||||
9 | and continue orderly markets. The General Assembly finds | ||||||
10 | that in order to preserve Illinois' regulatory | ||||||
11 | distribution system, it is necessary to create an exception | ||||||
12 | for smaller manufacturers in order to afford and allow such | ||||||
13 | smaller manufacturers of beer access to the marketplace in | ||||||
14 | order to develop a customer base without impairing the | ||||||
15 | integrity of the 3-tier system. | ||||||
16 | (b) On or before April 30, 1999, the Commission shall | ||||||
17 | present a written
report to the Governor and the General | ||||||
18 | Assembly that shall be based on a study
of the impact of Public | ||||||
19 | Act 90-739 on the business of soliciting,
selling, and shipping
| ||||||
20 | alcoholic liquor from outside of this State directly to | ||||||
21 | residents of this
State.
| ||||||
22 | As part of its report, the Commission shall provide the | ||||||
23 | following
information:
| ||||||
24 | (i) the amount of State excise and sales tax revenues | ||||||
25 | generated as a
result of Public Act 90-739;
| ||||||
26 | (ii) the amount of licensing fees received as a result |
| |||||||
| |||||||
1 | of Public Act 90-739;
| ||||||
2 | (iii) the number of reported violations, the number of | ||||||
3 | cease and desist
notices issued by the Commission, the | ||||||
4 | number of notices of violations issued
to the Department of | ||||||
5 | Revenue, and the number of notices and complaints of
| ||||||
6 | violations to law enforcement officials.
| ||||||
7 | (Source: P.A. 99-78, eff. 7-20-15; 99-448, eff. 8-24-15; | ||||||
8 | 100-134, eff. 8-18-17; 100-201, eff. 8-18-17; 100-816, eff. | ||||||
9 | 8-13-18; 100-1012, eff. 8-21-18; 100-1050, eff. 8-23-18; | ||||||
10 | revised 10-24-18.)
| ||||||
11 | (235 ILCS 5/8-2) (from Ch. 43, par. 159)
| ||||||
12 | Sec. 8-2. Payments; reports. It is the duty of each | ||||||
13 | manufacturer with respect to alcoholic
liquor produced or | ||||||
14 | imported by such manufacturer, or purchased tax-free by
such | ||||||
15 | manufacturer from another manufacturer or importing
| ||||||
16 | distributor, and of each importing distributor as to alcoholic | ||||||
17 | liquor
purchased by such importing distributor from foreign | ||||||
18 | importers or from
anyone from any point in the United States | ||||||
19 | outside of this State or
purchased tax-free from another | ||||||
20 | manufacturer or importing
distributor, to pay the tax imposed | ||||||
21 | by Section 8-1 to the
Department of Revenue on or before the | ||||||
22 | 15th day of the calendar month
following the calendar month in | ||||||
23 | which such alcoholic liquor is sold or used
by such | ||||||
24 | manufacturer or by such importing distributor other than in an
| ||||||
25 | authorized tax-free manner or to pay that tax electronically as |
| |||||||
| |||||||
1 | provided in
this Section.
| ||||||
2 | Each manufacturer and each importing distributor shall
| ||||||
3 | make payment under one of the following methods: (1) on or | ||||||
4 | before the
15th day of each calendar month, file in person or | ||||||
5 | by United States
first-class
mail, postage pre-paid,
with the | ||||||
6 | Department of Revenue, on
forms prescribed and furnished by the | ||||||
7 | Department, a report in writing in
such form as may be required | ||||||
8 | by the Department in order to compute, and
assure the accuracy | ||||||
9 | of, the tax due on all taxable sales and uses of
alcoholic | ||||||
10 | liquor occurring during the preceding month. Payment of the tax
| ||||||
11 | in the amount disclosed by the report shall accompany the | ||||||
12 | report or, (2) on
or
before the 15th day of each calendar | ||||||
13 | month, electronically file with the
Department of Revenue, on | ||||||
14 | forms prescribed and furnished by the Department, an
electronic | ||||||
15 | report in such form as may be required by the Department in | ||||||
16 | order to
compute,
and assure the accuracy of, the tax due on | ||||||
17 | all taxable sales and uses of
alcoholic liquor
occurring during | ||||||
18 | the preceding month. An electronic payment of the tax in the
| ||||||
19 | amount
disclosed by the report shall accompany the report. A | ||||||
20 | manufacturer or
distributor who
files an electronic report and | ||||||
21 | electronically pays the tax imposed pursuant to
Section 8-1
to | ||||||
22 | the Department of Revenue on or before the 15th day of the | ||||||
23 | calendar month
following
the calendar month in which such | ||||||
24 | alcoholic liquor is sold or used by that
manufacturer or
| ||||||
25 | importing distributor other than in an authorized tax-free | ||||||
26 | manner shall pay to
the
Department the amount of the tax |
| |||||||
| |||||||
1 | imposed pursuant to Section 8-1, less a
discount
which is | ||||||
2 | allowed to reimburse the manufacturer or importing distributor
| ||||||
3 | for the
expenses incurred in keeping and maintaining records, | ||||||
4 | preparing and filing the
electronic
returns, remitting the tax, | ||||||
5 | and supplying data to the Department upon
request.
| ||||||
6 | The discount shall be in an amount as follows:
| ||||||
7 | (1) For original returns due on or after January 1, | ||||||
8 | 2003 through
September 30, 2003, the discount shall be | ||||||
9 | 1.75% or $1,250 per return, whichever
is less;
| ||||||
10 | (2) For original returns due on or after October 1, | ||||||
11 | 2003 through September
30, 2004, the discount shall be 2% | ||||||
12 | or $3,000 per return, whichever is less; and
| ||||||
13 | (3) For original returns due on or after October 1, | ||||||
14 | 2004, the discount
shall
be 2% or $2,000 per return, | ||||||
15 | whichever is less.
| ||||||
16 | The Department may, if it deems it necessary in order to | ||||||
17 | insure the
payment of the tax imposed by this Article, require | ||||||
18 | returns to be made
more frequently than and covering periods of | ||||||
19 | less than a month. Such return
shall contain such further | ||||||
20 | information as the Department may reasonably
require.
| ||||||
21 | It shall be presumed that all alcoholic liquors acquired or | ||||||
22 | made by any
importing distributor or manufacturer have been | ||||||
23 | sold or used by him in this
State and are the basis for the tax | ||||||
24 | imposed by this Article unless proven,
to the satisfaction of | ||||||
25 | the Department, that such alcoholic liquors are (1)
still in | ||||||
26 | the possession of such importing distributor or manufacturer, |
| |||||||
| |||||||
1 | or
(2) prior to the termination of possession have been lost by | ||||||
2 | theft or
through unintentional destruction, or (3) that such | ||||||
3 | alcoholic liquors are
otherwise exempt from taxation under this | ||||||
4 | Act.
| ||||||
5 | If any payment provided for in this Section exceeds the | ||||||
6 | manufacturer's or importing distributor's liabilities under | ||||||
7 | this Act, as shown on an original report, the manufacturer or | ||||||
8 | importing distributor may credit such excess payment against | ||||||
9 | liability subsequently to be remitted to the Department under | ||||||
10 | this Act, in accordance with reasonable rules adopted by the | ||||||
11 | Department. If the Department subsequently determines that all | ||||||
12 | or any part of the credit taken was not actually due to the | ||||||
13 | manufacturer or importing distributor, the manufacturer's or | ||||||
14 | importing distributor's discount shall be reduced by an amount | ||||||
15 | equal to the difference between the discount as applied to the | ||||||
16 | credit taken and that actually due, and the manufacturer or | ||||||
17 | importing distributor shall be liable for penalties and | ||||||
18 | interest on such difference. | ||||||
19 | The Department may require any foreign importer to file | ||||||
20 | monthly
information returns, by the 15th day of the month | ||||||
21 | following the month which
any such return covers, if the | ||||||
22 | Department determines this to be necessary
to the proper | ||||||
23 | performance of the Department's functions and duties under
this | ||||||
24 | Act. Such return shall contain such information as the | ||||||
25 | Department may
reasonably require.
| ||||||
26 | Every manufacturer and importing distributor , except for a
|
| |||||||
| |||||||
1 | manufacturer or importing distributor that in the preceding
| ||||||
2 | year had less than $50,000 of tax liability under this Article, | ||||||
3 | shall also file, with the
Department, a bond in an amount not | ||||||
4 | less than $1,000 and not to exceed
$100,000 on a form to be | ||||||
5 | approved by, and with a surety or sureties
satisfactory to, the | ||||||
6 | Department. Such bond shall be conditioned upon the
| ||||||
7 | manufacturer or importing distributor paying to the Department | ||||||
8 | all monies
becoming due from such manufacturer or importing | ||||||
9 | distributor under this
Article. The Department shall fix the | ||||||
10 | penalty of such bond in each case,
taking into consideration | ||||||
11 | the amount of alcoholic liquor expected to be
sold and used by | ||||||
12 | such manufacturer or importing distributor, and the
penalty | ||||||
13 | fixed by the Department shall be sufficient, in the | ||||||
14 | Department's
opinion, to protect the State of Illinois against | ||||||
15 | failure to pay any amount
due under this Article, but the | ||||||
16 | amount of the penalty fixed by the
Department shall not exceed | ||||||
17 | twice the amount of tax liability of a monthly
return, nor | ||||||
18 | shall the amount of such penalty be less than $1,000. The
| ||||||
19 | Department shall notify the State Commission of the | ||||||
20 | Department's approval or
disapproval of any such | ||||||
21 | manufacturer's or importing distributor's bond, or
of the | ||||||
22 | termination or cancellation of any such bond, or of the | ||||||
23 | Department's
direction to a manufacturer or importing | ||||||
24 | distributor that he must file
additional bond in order to | ||||||
25 | comply with this Section. The Commission shall
not issue a | ||||||
26 | license to any applicant for a manufacturer's or importing
|
| |||||||
| |||||||
1 | distributor's license unless the Commission has received a | ||||||
2 | notification
from the Department showing that such applicant | ||||||
3 | has filed a satisfactory
bond with the Department hereunder and | ||||||
4 | that such bond has been approved by
the Department. Failure by | ||||||
5 | any licensed manufacturer or importing
distributor to keep a | ||||||
6 | satisfactory bond in effect with the Department or to
furnish | ||||||
7 | additional bond to the Department, when required hereunder by | ||||||
8 | the
Department to do so, shall be grounds for the revocation or | ||||||
9 | suspension of
such manufacturer's or importing distributor's | ||||||
10 | license by the Commission.
If a manufacturer or importing | ||||||
11 | distributor fails to pay any amount due
under this Article, his | ||||||
12 | bond with the Department shall be deemed forfeited,
and the | ||||||
13 | Department may institute a suit in its own name on such bond.
| ||||||
14 | After notice and opportunity for a hearing the State | ||||||
15 | Commission may
revoke or suspend the license of any | ||||||
16 | manufacturer or importing distributor
who fails to comply with | ||||||
17 | the provisions of this Section. Notice of such
hearing and the | ||||||
18 | time and place thereof shall be in writing and shall
contain a | ||||||
19 | statement of the charges against the licensee. Such notice may | ||||||
20 | be
given by United States registered or certified mail with | ||||||
21 | return receipt
requested, addressed to the person concerned at | ||||||
22 | his last known address and
shall be given not less than 7 days | ||||||
23 | prior to the date fixed for the
hearing. An order revoking or | ||||||
24 | suspending a license under the provisions of
this Section may | ||||||
25 | be reviewed in the manner provided in Section 7-10
of this Act. | ||||||
26 | No new license shall be granted to a person
whose license has |
| |||||||
| |||||||
1 | been revoked for a violation of this Section or, in case
of | ||||||
2 | suspension, shall such suspension be terminated until he has | ||||||
3 | paid to the
Department all taxes and penalties which he owes | ||||||
4 | the State under the
provisions of this Act.
| ||||||
5 | Every manufacturer or importing distributor who has, as | ||||||
6 | verified by
the Department, continuously complied with the | ||||||
7 | conditions of the bond under
this Act for a period of 2 years | ||||||
8 | shall be considered to be a prior
continuous compliance | ||||||
9 | taxpayer. In determining the consecutive period of
time for | ||||||
10 | qualification as a prior continuous compliance taxpayer, any
| ||||||
11 | consecutive period of time of qualifying compliance | ||||||
12 | immediately prior to
the effective date of this amendatory Act | ||||||
13 | of 1987 shall be credited to any
manufacturer or importing | ||||||
14 | distributor.
| ||||||
15 | A manufacturer or importing distributor that is a prior | ||||||
16 | continuous compliance taxpayer under this Section and becomes a | ||||||
17 | successor as the result of an acquisition, merger, or | ||||||
18 | consolidation of a manufacturer or importing distributor shall | ||||||
19 | be deemed to be a prior continuous compliance taxpayer with | ||||||
20 | respect to the acquired, merged, or consolidated entity.
| ||||||
21 | Every prior continuous compliance taxpayer shall be exempt | ||||||
22 | from the bond
requirements of this Act until the Department has | ||||||
23 | determined the taxpayer
to be delinquent in the filing of any | ||||||
24 | return or deficient in the payment of
any tax under this Act. | ||||||
25 | Any taxpayer who fails to pay an admitted or
established | ||||||
26 | liability under this Act may also be required to post bond or
|
| |||||||
| |||||||
1 | other acceptable security with the Department guaranteeing the | ||||||
2 | payment of
such admitted or established liability.
| ||||||
3 | The Department shall discharge any surety and shall release | ||||||
4 | and return
any bond or security deposit assigned, pledged or | ||||||
5 | otherwise provided to it
by a taxpayer under this Section | ||||||
6 | within 30 days after: (1) such taxpayer
becomes a prior | ||||||
7 | continuous compliance taxpayer; or (2) such taxpayer has
ceased | ||||||
8 | to collect receipts on which he is required to remit tax to the
| ||||||
9 | Department, has filed a final tax return, and has paid to the | ||||||
10 | Department an
amount sufficient to discharge his remaining tax | ||||||
11 | liability as determined by
the Department under this Act.
| ||||||
12 | (Source: P.A. 100-1171, eff. 1-4-19.)
| ||||||
13 | (235 ILCS 5/10-1) (from Ch. 43, par. 183)
| ||||||
14 | Sec. 10-1. Violations; penalties. Whereas a substantial | ||||||
15 | threat
to the sound and careful control, regulation, and | ||||||
16 | taxation of the
manufacture, sale, and distribution of | ||||||
17 | alcoholic liquors exists by virtue
of individuals who | ||||||
18 | manufacture,
import, distribute, or sell alcoholic liquors | ||||||
19 | within the State without
having first obtained a valid license | ||||||
20 | to do so, and whereas such threat is
especially serious along | ||||||
21 | the borders of this State, and whereas such threat
requires | ||||||
22 | immediate correction by this Act, by active investigation and
| ||||||
23 | prosecution by the State Commission, law enforcement | ||||||
24 | officials , and prosecutors, and by prompt and
strict | ||||||
25 | enforcement through the courts of this State to punish |
| |||||||
| |||||||
1 | violators and
to deter such conduct in the future:
| ||||||
2 | (a) Any person who manufactures, imports
for distribution | ||||||
3 | or use, transports from outside this State into this State, or | ||||||
4 | distributes or sells 108 liters (28.53 gallons) or more of | ||||||
5 | wine, 45 liters (11.88 gallons) or more of distilled spirits, | ||||||
6 | or 118 liters (31.17 gallons) or more of beer at any
place | ||||||
7 | within the State without having first obtained a valid license | ||||||
8 | to do
so under the provisions of this Act shall be guilty of a | ||||||
9 | Class 4 felony for each offense. However, any person who was | ||||||
10 | duly licensed under this Act and whose license expired within | ||||||
11 | 30 days prior to a violation shall be guilty of a business | ||||||
12 | offense and fined not more than $1,000 for the first such | ||||||
13 | offense and shall be guilty of a Class 4 felony for each | ||||||
14 | subsequent offense.
| ||||||
15 | Any person who manufactures, imports for distribution, | ||||||
16 | transports from outside this State into this State for sale or | ||||||
17 | resale in this State, or distributes or sells less than 108 | ||||||
18 | liters (28.53 gallons) of wine, less than 45 liters (11.88 | ||||||
19 | gallons) of distilled spirits, or less than 118 liters (31.17 | ||||||
20 | gallons) of beer at any place within the State without having | ||||||
21 | first obtained a valid license to do so under the provisions of | ||||||
22 | this Act shall be guilty of a business offense and fined not | ||||||
23 | more than $1,000 for the first such offense and shall be guilty | ||||||
24 | of a Class 4 felony for each subsequent offense. This | ||||||
25 | subsection does not apply to a motor carrier or freight | ||||||
26 | forwarder, as defined in Section 13102 of Title 49 of the |
| |||||||
| |||||||
1 | United States Code, an air carrier, as defined in Section 40102 | ||||||
2 | of Title 49 of the United States Code, or a rail carrier, as | ||||||
3 | defined in Section 10102 of Title 49 of the United States Code. | ||||||
4 | Any person who : (1) both has been issued an initial cease | ||||||
5 | and desist notice from the State Commission ; and (2) for | ||||||
6 | compensation , does any of the following: (i) ships alcoholic | ||||||
7 | liquor into this State without a license authorized by Section | ||||||
8 | 5-1 issued by the State Commission or in violation of that | ||||||
9 | license ; or (ii) manufactures, imports for distribution, | ||||||
10 | transports from outside this State into this State for sale or | ||||||
11 | resale in this State, or distributes or sells alcoholic liquors | ||||||
12 | at any place without having first obtained a valid license to | ||||||
13 | do so is guilty of a Class 4 felony for each offense. | ||||||
14 | (b) (1) Any retailer, caterer retailer, brew pub, special | ||||||
15 | event retailer, special use permit holder, homebrewer special | ||||||
16 | event permit holder, or craft distiller tasting permit holder | ||||||
17 | who knowingly causes alcoholic liquors to be imported directly | ||||||
18 | into the State of Illinois from outside of the State for the | ||||||
19 | purpose of furnishing, giving, or selling to another, except | ||||||
20 | when having received the product from a duly licensed | ||||||
21 | distributor or importing distributor, licensed in this State, | ||||||
22 | who knowingly causes to
furnish,
give, sell, or otherwise being | ||||||
23 | within the State, any alcoholic liquor destined
to be used, | ||||||
24 | distributed, consumed or sold in another state, unless such
| ||||||
25 | alcoholic liquor was received in this State by a duly licensed | ||||||
26 | distributor,
or importing distributors shall have his license |
| |||||||
| |||||||
1 | suspended for 30 7 days for
the first offense and for the | ||||||
2 | second offense, shall have his license
revoked by the | ||||||
3 | Commission.
| ||||||
4 | (2) In the event the State Commission receives a certified | ||||||
5 | copy of a final order
from a foreign jurisdiction that an | ||||||
6 | Illinois retail licensee has been found to
have violated that | ||||||
7 | foreign jurisdiction's laws, rules, or regulations
concerning | ||||||
8 | the importation of alcoholic liquor into that foreign | ||||||
9 | jurisdiction,
the violation may be grounds for the State | ||||||
10 | Commission to revoke, suspend, or refuse
to
issue or renew a | ||||||
11 | license, to impose a fine, or to take any additional action
| ||||||
12 | provided by this Act with respect to the Illinois retail | ||||||
13 | license or licensee.
Any such action on the part of the State | ||||||
14 | Commission shall be in accordance with this
Act and | ||||||
15 | implementing rules.
| ||||||
16 | For the purposes of paragraph (2): (i) "foreign | ||||||
17 | jurisdiction" means a
state, territory, or possession of the | ||||||
18 | United States, the District of Columbia,
or the Commonwealth of | ||||||
19 | Puerto Rico, and (ii) "final order" means an order or
judgment | ||||||
20 | of a court or administrative body that determines the rights of | ||||||
21 | the
parties respecting the subject matter of the proceeding, | ||||||
22 | that remains in full
force and effect, and from which no appeal | ||||||
23 | can be taken.
| ||||||
24 | (c) Any person who shall make any false statement or | ||||||
25 | otherwise
violates any of the provisions of this Act in | ||||||
26 | obtaining any license
hereunder, or who having obtained a |
| |||||||
| |||||||
1 | license hereunder shall violate any
of the provisions of this | ||||||
2 | Act with respect to the manufacture,
possession, distribution | ||||||
3 | or sale of alcoholic liquor, or with respect to
the maintenance | ||||||
4 | of the licensed premises, or shall violate any other
provision | ||||||
5 | of this Act, shall for a first offense be guilty of a petty
| ||||||
6 | offense and fined not more than $500, and for a second or | ||||||
7 | subsequent
offense shall be guilty of a Class B misdemeanor.
| ||||||
8 | (c-5) Any owner of an establishment that serves alcohol on | ||||||
9 | its premises, if more than 50% of the establishment's gross | ||||||
10 | receipts within the prior 3 months is from the sale of alcohol, | ||||||
11 | who knowingly fails to prohibit concealed firearms on its | ||||||
12 | premises or who knowingly makes a false statement or record to | ||||||
13 | avoid the prohibition of concealed firearms on its premises | ||||||
14 | under the Firearm Concealed Carry Act shall be guilty of a | ||||||
15 | business offense with a fine up to $5,000. | ||||||
16 | (d) Each day any person engages in business as a | ||||||
17 | manufacturer,
foreign importer, importing distributor, | ||||||
18 | distributor or retailer in
violation of the provisions of this | ||||||
19 | Act shall constitute a separate offense.
| ||||||
20 | (e) Any person, under the age of 21 years who, for the | ||||||
21 | purpose
of buying, accepting or receiving alcoholic liquor from | ||||||
22 | a
licensee, represents that he is 21 years of age or over shall | ||||||
23 | be guilty
of a Class A misdemeanor.
| ||||||
24 | (f) In addition to the penalties herein provided, any | ||||||
25 | person
licensed as a wine-maker in either class who | ||||||
26 | manufactures more wine than
authorized by his license shall be |
| |||||||
| |||||||
1 | guilty of a business offense and shall be
fined $1 for each | ||||||
2 | gallon so manufactured.
| ||||||
3 | (g) A person shall be exempt from prosecution for a | ||||||
4 | violation of this
Act if he is a peace officer in the | ||||||
5 | enforcement of the criminal laws and
such activity is approved | ||||||
6 | in writing by one of the following:
| ||||||
7 | (1) In all counties, the respective State's Attorney;
| ||||||
8 | (2) The Director of State Police under
Section 2605-10, | ||||||
9 | 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,
2605-115, | ||||||
10 | 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, | ||||||
11 | 2605-205, 2605-210,
2605-215, 2605-250, 2605-275, | ||||||
12 | 2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
| ||||||
13 | 2605-340,
2605-350, 2605-355, 2605-360, 2605-365, | ||||||
14 | 2605-375, 2605-390, 2605-400, 2605-405,
2605-420,
| ||||||
15 | 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the | ||||||
16 | Department of State
Police Law (20 ILCS 2605/2605-10, | ||||||
17 | 2605/2605-15, 2605/2605-75,
2605/2605-100, 2605/2605-105, | ||||||
18 | 2605/2605-110, 2605/2605-115,
2605/2605-120, | ||||||
19 | 2605/2605-130, 2605/2605-140, 2605/2605-190, | ||||||
20 | 2605/2605-200,
2605/2605-205, 2605/2605-210, | ||||||
21 | 2605/2605-215, 2605/2605-250, 2605/2605-275,
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22 | 2605/2605-300,
2605/2605-305, 2605/2605-315, | ||||||
23 | 2605/2605-325, 2605/2605-335, 2605/2605-340,
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24 | 2605/2605-350, 2605/2605-355, 2605/2605-360,
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25 | 2605/2605-365, 2605/2605-375, 2605/2605-390,
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26 | 2605/2605-400, 2605/2605-405, 2605/2605-420, |
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1 | 2605/2605-430, 2605/2605-435,
2605/2605-500, | ||||||
2 | 2605/2605-525, or 2605/2605-550); or
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3 | (3) In cities over 1,000,000, the Superintendent of | ||||||
4 | Police.
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5 | (Source: P.A. 98-63, eff. 7-9-13; 99-904, eff. 1-1-17 .)
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6 | (235 ILCS 5/10-7.1) (from Ch. 43, par. 189.1)
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7 | Sec. 10-7.1.
The State Commission, upon receipt of a | ||||||
8 | complaint or upon having
knowledge that any
person is engaged | ||||||
9 | in the business as a manufacturer, importing distributor,
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10 | distributor , or retailer without a license or valid license, | ||||||
11 | shall conduct an investigation. If, after conducting an | ||||||
12 | investigation, the State Commission is satisfied that the | ||||||
13 | alleged conduct occurred or is occurring, it may issue a cease | ||||||
14 | and desist notice as provided in this Act, issue civil | ||||||
15 | penalties as provided in this Act, notify
the Department of | ||||||
16 | Revenue and the local liquor authority, or and file a
complaint | ||||||
17 | with the State's Attorney's
Office of the County where the | ||||||
18 | incident occurred or with the Attorney General initiate an
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19 | investigation with the appropriate
law enforcement officials .
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20 | (Source: P.A. 90-739, eff. 8-13-98.)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law, except that the changes to Section 8-2 of the | ||||||
23 | Liquor Control Act of 1934 take effect
upon becoming law.".
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