Bill Text: IL HB2675 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Liquor Control Act of 1934. Establishes a distiller pub license. Provides that a distiller pub license shall allow the licensee to only (i) manufacture up to 5,000 gallons of spirits per year only on the premises specified in the license, (ii) make sales of the spirits manufactured on the premises, (iii) store the spirits upon the premises, (iv) sell and offer for sale at retail from the licensed premises for off-premises consumption no more than 5,000 gallons per year so long as such sales are only made in-person, (v) sell and offer for sale at retail for use and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor, and (vi) with the prior approval of the Illinois Liquor Control Commission, annually transfer no more than 5,000 gallons of spirits manufactured on the premises to a licensed distiller pub wholly owned and operated by the same licensee. Prohibits a distiller pub licensee from selling spirits manufactured by the licensee to retail licensees. Establishes fees for a distiller pub license. Provides that a craft distiller licensee may simultaneously hold a distiller pub license if certain requirements are met. Authorizes a craft distiller to transfer spirits to a wholly owned distiller pub if specified requirements are met. Makes conforming changes.

Spectrum: Slight Partisan Bill (Republican 12-7)

Status: (Enrolled) 2019-06-27 - Sent to the Governor [HB2675 Detail]

Download: Illinois-2019-HB2675-Enrolled.html



HB2675 EnrolledLRB101 07840 RPS 52894 b
1 AN ACT concerning liquor.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 1-3.40, 3-12, 5-1, 5-3, and 6-4 as follows:
6 (235 ILCS 5/1-3.40)
7 Sec. 1-3.40. Manufacturer class license holder.
8"Manufacturer class license holder" means any holder of a
9Manufacturer's license as provided in Section 5-1 of this Act.
10The Manufacturer's licenses are: a Class 1. Distiller, a Class
112. Rectifier, a Class 3. Brewer, a Class 4. First Class Wine
12Manufacturer, a Class 5. Second Class Wine Manufacturer, a
13Class 6. First Class Winemaker, a Class 7. Second Class
14Winemaker, a Class 8. Limited Wine Manufacturer, a Class 9.
15Class 1 Craft Distiller, a Class 10. Class 2 Craft Distiller,
16and a Class 11. Class 1 Brewer, and a Class 12. Class 2 Brewer,
1710. Craft Brewer and any future Manufacturer's licenses
18established by law.
19(Source: P.A. 99-282, eff. 8-5-15; 99-642, eff. 7-28-16.)
20 (235 ILCS 5/3-12)
21 Sec. 3-12. Powers and duties of State Commission.
22 (a) The State Commission shall have the following powers,

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1functions, and duties:
2 (1) To receive applications and to issue licenses to
3 manufacturers, foreign importers, importing distributors,
4 distributors, non-resident dealers, on premise consumption
5 retailers, off premise sale retailers, special event
6 retailer licensees, special use permit licenses, auction
7 liquor licenses, brew pubs, caterer retailers,
8 non-beverage users, railroads, including owners and
9 lessees of sleeping, dining and cafe cars, airplanes,
10 boats, brokers, and wine maker's premises licensees in
11 accordance with the provisions of this Act, and to suspend
12 or revoke such licenses upon the State Commission's
13 determination, upon notice after hearing, that a licensee
14 has violated any provision of this Act or any rule or
15 regulation issued pursuant thereto and in effect for 30
16 days prior to such violation. Except in the case of an
17 action taken pursuant to a violation of Section 6-3, 6-5,
18 or 6-9, any action by the State Commission to suspend or
19 revoke a licensee's license may be limited to the license
20 for the specific premises where the violation occurred. An
21 action for a violation of this Act shall be commenced by
22 the State Commission within 2 years after the date the
23 State Commission becomes aware of the violation.
24 In lieu of suspending or revoking a license, the
25 commission may impose a fine, upon the State Commission's
26 determination and notice after hearing, that a licensee has

HB2675 Enrolled- 3 -LRB101 07840 RPS 52894 b
1 violated any provision of this Act or any rule or
2 regulation issued pursuant thereto and in effect for 30
3 days prior to such violation.
4 For the purpose of this paragraph (1), when determining
5 multiple violations for the sale of alcohol to a person
6 under the age of 21, a second or subsequent violation for
7 the sale of alcohol to a person under the age of 21 shall
8 only be considered if it was committed within 5 years after
9 the date when a prior violation for the sale of alcohol to
10 a person under the age of 21 was committed.
11 The fine imposed under this paragraph may not exceed
12 $500 for each violation. Each day that the activity, which
13 gave rise to the original fine, continues is a separate
14 violation. The maximum fine that may be levied against any
15 licensee, for the period of the license, shall not exceed
16 $20,000. The maximum penalty that may be imposed on a
17 licensee for selling a bottle of alcoholic liquor with a
18 foreign object in it or serving from a bottle of alcoholic
19 liquor with a foreign object in it shall be the destruction
20 of that bottle of alcoholic liquor for the first 10 bottles
21 so sold or served from by the licensee. For the eleventh
22 bottle of alcoholic liquor and for each third bottle
23 thereafter sold or served from by the licensee with a
24 foreign object in it, the maximum penalty that may be
25 imposed on the licensee is the destruction of the bottle of
26 alcoholic liquor and a fine of up to $50.

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1 Any notice issued by the State Commission to a licensee
2 for a violation of this Act or any notice with respect to
3 settlement or offer in compromise shall include the field
4 report, photographs, and any other supporting
5 documentation necessary to reasonably inform the licensee
6 of the nature and extent of the violation or the conduct
7 alleged to have occurred. The failure to include such
8 required documentation shall result in the dismissal of the
9 action.
10 (2) To adopt such rules and regulations consistent with
11 the provisions of this Act which shall be necessary to
12 carry on its functions and duties to the end that the
13 health, safety and welfare of the People of the State of
14 Illinois shall be protected and temperance in the
15 consumption of alcoholic liquors shall be fostered and
16 promoted and to distribute copies of such rules and
17 regulations to all licensees affected thereby.
18 (3) To call upon other administrative departments of
19 the State, county and municipal governments, county and
20 city police departments and upon prosecuting officers for
21 such information and assistance as it deems necessary in
22 the performance of its duties.
23 (4) To recommend to local commissioners rules and
24 regulations, not inconsistent with the law, for the
25 distribution and sale of alcoholic liquors throughout the
26 State.

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1 (5) To inspect, or cause to be inspected, any premises
2 in this State where alcoholic liquors are manufactured,
3 distributed, warehoused, or sold. Nothing in this Act
4 authorizes an agent of the Commission to inspect private
5 areas within the premises without reasonable suspicion or a
6 warrant during an inspection. "Private areas" include, but
7 are not limited to, safes, personal property, and closed
8 desks.
9 (5.1) Upon receipt of a complaint or upon having
10 knowledge that any person is engaged in business as a
11 manufacturer, importing distributor, distributor, or
12 retailer without a license or valid license, to notify the
13 local liquor authority, file a complaint with the State's
14 Attorney's Office of the county where the incident
15 occurred, or initiate an investigation with the
16 appropriate law enforcement officials.
17 (5.2) To issue a cease and desist notice to persons
18 shipping alcoholic liquor into this State from a point
19 outside of this State if the shipment is in violation of
20 this Act.
21 (5.3) To receive complaints from licensees, local
22 officials, law enforcement agencies, organizations, and
23 persons stating that any licensee has been or is violating
24 any provision of this Act or the rules and regulations
25 issued pursuant to this Act. Such complaints shall be in
26 writing, signed and sworn to by the person making the

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1 complaint, and shall state with specificity the facts in
2 relation to the alleged violation. If the Commission has
3 reasonable grounds to believe that the complaint
4 substantially alleges a violation of this Act or rules and
5 regulations adopted pursuant to this Act, it shall conduct
6 an investigation. If, after conducting an investigation,
7 the Commission is satisfied that the alleged violation did
8 occur, it shall proceed with disciplinary action against
9 the licensee as provided in this Act.
10 (6) To hear and determine appeals from orders of a
11 local commission in accordance with the provisions of this
12 Act, as hereinafter set forth. Hearings under this
13 subsection shall be held in Springfield or Chicago, at
14 whichever location is the more convenient for the majority
15 of persons who are parties to the hearing.
16 (7) The commission shall establish uniform systems of
17 accounts to be kept by all retail licensees having more
18 than 4 employees, and for this purpose the commission may
19 classify all retail licensees having more than 4 employees
20 and establish a uniform system of accounts for each class
21 and prescribe the manner in which such accounts shall be
22 kept. The commission may also prescribe the forms of
23 accounts to be kept by all retail licensees having more
24 than 4 employees, including but not limited to accounts of
25 earnings and expenses and any distribution, payment, or
26 other distribution of earnings or assets, and any other

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1 forms, records and memoranda which in the judgment of the
2 commission may be necessary or appropriate to carry out any
3 of the provisions of this Act, including but not limited to
4 such forms, records and memoranda as will readily and
5 accurately disclose at all times the beneficial ownership
6 of such retail licensed business. The accounts, forms,
7 records and memoranda shall be available at all reasonable
8 times for inspection by authorized representatives of the
9 State Commission or by any local liquor control
10 commissioner or his or her authorized representative. The
11 commission, may, from time to time, alter, amend or repeal,
12 in whole or in part, any uniform system of accounts, or the
13 form and manner of keeping accounts.
14 (8) In the conduct of any hearing authorized to be held
15 by the commission, to appoint, at the commission's
16 discretion, hearing officers to conduct hearings involving
17 complex issues or issues that will require a protracted
18 period of time to resolve, to examine, or cause to be
19 examined, under oath, any licensee, and to examine or cause
20 to be examined the books and records of such licensee; to
21 hear testimony and take proof material for its information
22 in the discharge of its duties hereunder; to administer or
23 cause to be administered oaths; for any such purpose to
24 issue subpoena or subpoenas to require the attendance of
25 witnesses and the production of books, which shall be
26 effective in any part of this State, and to adopt rules to

HB2675 Enrolled- 8 -LRB101 07840 RPS 52894 b
1 implement its powers under this paragraph (8).
2 Any circuit court may by order duly entered, require
3 the attendance of witnesses and the production of relevant
4 books subpoenaed by the State Commission and the court may
5 compel obedience to its order by proceedings for contempt.
6 (9) To investigate the administration of laws in
7 relation to alcoholic liquors in this and other states and
8 any foreign countries, and to recommend from time to time
9 to the Governor and through him or her to the legislature
10 of this State, such amendments to this Act, if any, as it
11 may think desirable and as will serve to further the
12 general broad purposes contained in Section 1-2 hereof.
13 (10) To adopt such rules and regulations consistent
14 with the provisions of this Act which shall be necessary
15 for the control, sale or disposition of alcoholic liquor
16 damaged as a result of an accident, wreck, flood, fire or
17 other similar occurrence.
18 (11) To develop industry educational programs related
19 to responsible serving and selling, particularly in the
20 areas of overserving consumers and illegal underage
21 purchasing and consumption of alcoholic beverages.
22 (11.1) To license persons providing education and
23 training to alcohol beverage sellers and servers for
24 mandatory and non-mandatory training under the Beverage
25 Alcohol Sellers and Servers Education and Training
26 (BASSET) programs and to develop and administer a public

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1 awareness program in Illinois to reduce or eliminate the
2 illegal purchase and consumption of alcoholic beverage
3 products by persons under the age of 21. Application for a
4 license shall be made on forms provided by the State
5 Commission.
6 (12) To develop and maintain a repository of license
7 and regulatory information.
8 (13) (Blank).
9 (14) On or before April 30, 2008 and every 2 years
10 thereafter, the Commission shall present a written report
11 to the Governor and the General Assembly that shall be
12 based on a study of the impact of Public Act 95-634 on the
13 business of soliciting, selling, and shipping wine from
14 inside and outside of this State directly to residents of
15 this State. As part of its report, the Commission shall
16 provide all of the following information:
17 (A) The amount of State excise and sales tax
18 revenues generated.
19 (B) The amount of licensing fees received.
20 (C) The number of cases of wine shipped from inside
21 and outside of this State directly to residents of this
22 State.
23 (D) The number of alcohol compliance operations
24 conducted.
25 (E) The number of winery shipper's licenses
26 issued.

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1 (F) The number of each of the following: reported
2 violations; cease and desist notices issued by the
3 Commission; notices of violations issued by the
4 Commission and to the Department of Revenue; and
5 notices and complaints of violations to law
6 enforcement officials, including, without limitation,
7 the Illinois Attorney General and the U.S. Department
8 of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
9 (15) As a means to reduce the underage consumption of
10 alcoholic liquors, the Commission shall conduct alcohol
11 compliance operations to investigate whether businesses
12 that are soliciting, selling, and shipping wine from inside
13 or outside of this State directly to residents of this
14 State are licensed by this State or are selling or
15 attempting to sell wine to persons under 21 years of age in
16 violation of this Act.
17 (16) The Commission shall, in addition to notifying any
18 appropriate law enforcement agency, submit notices of
19 complaints or violations of Sections 6-29 and 6-29.1 by
20 persons who do not hold a winery shipper's license under
21 this Act to the Illinois Attorney General and to the U.S.
22 Department of Treasury's Alcohol and Tobacco Tax and Trade
23 Bureau.
24 (17)(A) A person licensed to make wine under the laws
25 of another state who has a winery shipper's license under
26 this Act and annually produces less than 25,000 gallons of

HB2675 Enrolled- 11 -LRB101 07840 RPS 52894 b
1 wine or a person who has a first-class or second-class wine
2 manufacturer's license, a first-class or second-class
3 wine-maker's license, or a limited wine manufacturer's
4 license under this Act and annually produces less than
5 25,000 gallons of wine may make application to the
6 Commission for a self-distribution exemption to allow the
7 sale of not more than 5,000 gallons of the exemption
8 holder's wine to retail licensees per year.
9 (B) In the application, which shall be sworn under
10 penalty of perjury, such person shall state (1) the date it
11 was established; (2) its volume of production and sales for
12 each year since its establishment; (3) its efforts to
13 establish distributor relationships; (4) that a
14 self-distribution exemption is necessary to facilitate the
15 marketing of its wine; and (5) that it will comply with the
16 liquor and revenue laws of the United States, this State,
17 and any other state where it is licensed.
18 (C) The Commission shall approve the application for a
19 self-distribution exemption if such person: (1) is in
20 compliance with State revenue and liquor laws; (2) is not a
21 member of any affiliated group that produces more than
22 25,000 gallons of wine per annum or produces any other
23 alcoholic liquor; (3) will not annually produce for sale
24 more than 25,000 gallons of wine; and (4) will not annually
25 sell more than 5,000 gallons of its wine to retail
26 licensees.

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1 (D) A self-distribution exemption holder shall
2 annually certify to the Commission its production of wine
3 in the previous 12 months and its anticipated production
4 and sales for the next 12 months. The Commission may fine,
5 suspend, or revoke a self-distribution exemption after a
6 hearing if it finds that the exemption holder has made a
7 material misrepresentation in its application, violated a
8 revenue or liquor law of Illinois, exceeded production of
9 25,000 gallons of wine in any calendar year, or become part
10 of an affiliated group producing more than 25,000 gallons
11 of wine or any other alcoholic liquor.
12 (E) Except in hearings for violations of this Act or
13 Public Act 95-634 or a bona fide investigation by duly
14 sworn law enforcement officials, the Commission, or its
15 agents, the Commission shall maintain the production and
16 sales information of a self-distribution exemption holder
17 as confidential and shall not release such information to
18 any person.
19 (F) The Commission shall issue regulations governing
20 self-distribution exemptions consistent with this Section
21 and this Act.
22 (G) Nothing in this paragraph subsection (17) shall
23 prohibit a self-distribution exemption holder from
24 entering into or simultaneously having a distribution
25 agreement with a licensed Illinois distributor.
26 (H) It is the intent of this paragraph subsection (17)

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1 to promote and continue orderly markets. The General
2 Assembly finds that in order to preserve Illinois'
3 regulatory distribution system it is necessary to create an
4 exception for smaller makers of wine as their wines are
5 frequently adjusted in varietals, mixes, vintages, and
6 taste to find and create market niches sometimes too small
7 for distributor or importing distributor business
8 strategies. Limited self-distribution rights will afford
9 and allow smaller makers of wine access to the marketplace
10 in order to develop a customer base without impairing the
11 integrity of the 3-tier system.
12 (18)(A) A class 1 brewer licensee, who must also be
13 either a licensed brewer or licensed non-resident dealer
14 and annually manufacture less than 930,000 gallons of beer,
15 may make application to the State Commission for a
16 self-distribution exemption to allow the sale of not more
17 than 232,500 gallons of the exemption holder's beer per
18 year to retail licensees and to brewers, class 1 brewers,
19 and class 2 brewers that, pursuant to subsection (e) of
20 Section 6-4 of this Act, sell beer, cider, or both beer and
21 cider to non-licensees at their breweries.
22 (B) In the application, which shall be sworn under
23 penalty of perjury, the class 1 brewer licensee shall state
24 (1) the date it was established; (2) its volume of beer
25 manufactured and sold for each year since its
26 establishment; (3) its efforts to establish distributor

HB2675 Enrolled- 14 -LRB101 07840 RPS 52894 b
1 relationships; (4) that a self-distribution exemption is
2 necessary to facilitate the marketing of its beer; and (5)
3 that it will comply with the alcoholic beverage and revenue
4 laws of the United States, this State, and any other state
5 where it is licensed.
6 (C) Any application submitted shall be posted on the
7 State Commission's website at least 45 days prior to action
8 by the State Commission. The State Commission shall approve
9 the application for a self-distribution exemption if the
10 class 1 brewer licensee: (1) is in compliance with the
11 State, revenue, and alcoholic beverage laws; (2) is not a
12 member of any affiliated group that manufactures more than
13 930,000 gallons of beer per annum or produces any other
14 alcoholic beverages; (3) shall not annually manufacture
15 for sale more than 930,000 gallons of beer; (4) shall not
16 annually sell more than 232,500 gallons of its beer to
17 retail licensees or to brewers, class 1 brewers, and class
18 2 brewers that, pursuant to subsection (e) of Section 6-4
19 of this Act, sell beer, cider, or both beer and cider to
20 non-licensees at their breweries; and (5) has relinquished
21 any brew pub license held by the licensee, including any
22 ownership interest it held in the licensed brew pub.
23 (D) A self-distribution exemption holder shall
24 annually certify to the State Commission its manufacture of
25 beer during the previous 12 months and its anticipated
26 manufacture and sales of beer for the next 12 months. The

HB2675 Enrolled- 15 -LRB101 07840 RPS 52894 b
1 State Commission may fine, suspend, or revoke a
2 self-distribution exemption after a hearing if it finds
3 that the exemption holder has made a material
4 misrepresentation in its application, violated a revenue
5 or alcoholic beverage law of Illinois, exceeded the
6 manufacture of 930,000 gallons of beer in any calendar year
7 or became part of an affiliated group manufacturing more
8 than 930,000 gallons of beer or any other alcoholic
9 beverage.
10 (E) The State Commission shall issue rules and
11 regulations governing self-distribution exemptions
12 consistent with this Act.
13 (F) Nothing in this paragraph (18) shall prohibit a
14 self-distribution exemption holder from entering into or
15 simultaneously having a distribution agreement with a
16 licensed Illinois importing distributor or a distributor.
17 If a self-distribution exemption holder enters into a
18 distribution agreement and has assigned distribution
19 rights to an importing distributor or distributor, then the
20 self-distribution exemption holder's distribution rights
21 in the assigned territories shall cease in a reasonable
22 time not to exceed 60 days.
23 (G) It is the intent of this paragraph (18) to promote
24 and continue orderly markets. The General Assembly finds
25 that in order to preserve Illinois' regulatory
26 distribution system, it is necessary to create an exception

HB2675 Enrolled- 16 -LRB101 07840 RPS 52894 b
1 for smaller manufacturers in order to afford and allow such
2 smaller manufacturers of beer access to the marketplace in
3 order to develop a customer base without impairing the
4 integrity of the 3-tier system.
5 (19)(A) A class 1 craft distiller licensee or a
6 non-resident dealer who manufactures less than 50,000
7 gallons of distilled spirits per year may make application
8 to the State Commission for a self-distribution exemption
9 to allow the sale of not more than 5,000 gallons of the
10 exemption holder's spirits to retail licensees per year.
11 (B) In the application, which shall be sworn under
12 penalty of perjury, the class 1 craft distiller licensee or
13 non-resident dealer shall state (1) the date it was
14 established; (2) its volume of spirits manufactured and
15 sold for each year since its establishment; (3) its efforts
16 to establish distributor relationships; (4) that a
17 self-distribution exemption is necessary to facilitate the
18 marketing of its spirits; and (5) that it will comply with
19 the alcoholic beverage and revenue laws of the United
20 States, this State, and any other state where it is
21 licensed.
22 (C) Any application submitted shall be posted on the
23 State Commission's website at least 45 days prior to action
24 by the State Commission. The State Commission shall approve
25 the application for a self-distribution exemption if the
26 applicant: (1) is in compliance with State revenue and

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1 alcoholic beverage laws; (2) is not a member of any
2 affiliated group that produces more than 50,000 gallons of
3 spirits per annum or produces any other alcoholic liquor;
4 (3) does not annually manufacture for sale more than 50,000
5 gallons of spirits; and (4) does not annually sell more
6 than 5,000 gallons of its spirits to retail licensees.
7 (D) A self-distribution exemption holder shall
8 annually certify to the State Commission its manufacture of
9 spirits during the previous 12 months and its anticipated
10 manufacture and sales of spirits for the next 12 months.
11 The State Commission may fine, suspend, or revoke a
12 self-distribution exemption after a hearing if it finds
13 that the exemption holder has made a material
14 misrepresentation in its application, violated a revenue
15 or alcoholic beverage law of Illinois, exceeded the
16 manufacture of 50,000 gallons of spirits in any calendar
17 year, or has become part of an affiliated group
18 manufacturing more than 50,000 gallons of spirits or any
19 other alcoholic beverage.
20 (E) The State Commission shall adopt rules governing
21 self-distribution exemptions consistent with this Act.
22 (F) Nothing in this paragraph (19) shall prohibit a
23 self-distribution exemption holder from entering into or
24 simultaneously having a distribution agreement with a
25 licensed Illinois importing distributor or a distributor.
26 (G) It is the intent of this paragraph (19) to promote

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1 and continue orderly markets. The General Assembly finds
2 that in order to preserve Illinois' regulatory
3 distribution system, it is necessary to create an exception
4 for smaller manufacturers in order to afford and allow such
5 smaller manufacturers of spirits access to the marketplace
6 in order to develop a customer base without impairing the
7 integrity of the 3-tier system.
8 (b) On or before April 30, 1999, the Commission shall
9present a written report to the Governor and the General
10Assembly that shall be based on a study of the impact of Public
11Act 90-739 on the business of soliciting, selling, and shipping
12alcoholic liquor from outside of this State directly to
13residents of this State.
14 As part of its report, the Commission shall provide the
15following information:
16 (i) the amount of State excise and sales tax revenues
17 generated as a result of Public Act 90-739;
18 (ii) the amount of licensing fees received as a result
19 of Public Act 90-739;
20 (iii) the number of reported violations, the number of
21 cease and desist notices issued by the Commission, the
22 number of notices of violations issued to the Department of
23 Revenue, and the number of notices and complaints of
24 violations to law enforcement officials.
25(Source: P.A. 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;
26100-134, eff. 8-18-17; 100-201, eff. 8-18-17; 100-816, eff.

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18-13-18; 100-1012, eff. 8-21-18; 100-1050, eff. 8-23-18;
2revised 10-24-18.)
3 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
4 Sec. 5-1. Licenses issued by the Illinois Liquor Control
5Commission shall be of the following classes:
6 (a) Manufacturer's license - Class 1. Distiller, Class 2.
7Rectifier, Class 3. Brewer, Class 4. First Class Wine
8Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
9First Class Winemaker, Class 7. Second Class Winemaker, Class
108. Limited Wine Manufacturer, Class 9. Class 1 Craft Distiller,
11Class 10. Class 2 Craft Distiller, Class 11. Class 1 Brewer,
12Class 12 11. Class 2 Brewer,
13 (b) Distributor's license,
14 (c) Importing Distributor's license,
15 (d) Retailer's license,
16 (e) Special Event Retailer's license (not-for-profit),
17 (f) Railroad license,
18 (g) Boat license,
19 (h) Non-Beverage User's license,
20 (i) Wine-maker's premises license,
21 (j) Airplane license,
22 (k) Foreign importer's license,
23 (l) Broker's license,
24 (m) Non-resident dealer's license,
25 (n) Brew Pub license,

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1 (o) Auction liquor license,
2 (p) Caterer retailer license,
3 (q) Special use permit license,
4 (r) Winery shipper's license,
5 (s) Craft distiller tasting permit,
6 (t) Brewer warehouse permit, .
7 (u) Distilling pub license,
8 (v) Craft distiller warehouse permit.
9 No person, firm, partnership, corporation, or other legal
10business entity that is engaged in the manufacturing of wine
11may concurrently obtain and hold a wine-maker's license and a
12wine manufacturer's license.
13 (a) A manufacturer's license shall allow the manufacture,
14importation in bulk, storage, distribution and sale of
15alcoholic liquor to persons without the State, as may be
16permitted by law and to licensees in this State as follows:
17 Class 1. A Distiller may make sales and deliveries of
18alcoholic liquor to distillers, rectifiers, importing
19distributors, distributors and non-beverage users and to no
20other licensees.
21 Class 2. A Rectifier, who is not a distiller, as defined
22herein, may make sales and deliveries of alcoholic liquor to
23rectifiers, importing distributors, distributors, retailers
24and non-beverage users and to no other licensees.
25 Class 3. A Brewer may make sales and deliveries of beer to
26importing distributors and distributors and may make sales as

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1authorized under subsection (e) of Section 6-4 of this Act.
2 Class 4. A first class wine-manufacturer may make sales and
3deliveries of up to 50,000 gallons of wine to manufacturers,
4importing distributors and distributors, and to no other
5licensees.
6 Class 5. A second class Wine manufacturer may make sales
7and deliveries of more than 50,000 gallons of wine to
8manufacturers, importing distributors and distributors and to
9no other licensees.
10 Class 6. A first-class wine-maker's license shall allow the
11manufacture of up to 50,000 gallons of wine per year, and the
12storage and sale of such wine to distributors in the State and
13to persons without the State, as may be permitted by law. A
14person who, prior to June 1, 2008 (the effective date of Public
15Act 95-634), is a holder of a first-class wine-maker's license
16and annually produces more than 25,000 gallons of its own wine
17and who distributes its wine to licensed retailers shall cease
18this practice on or before July 1, 2008 in compliance with
19Public Act 95-634.
20 Class 7. A second-class wine-maker's license shall allow
21the manufacture of between 50,000 and 150,000 gallons of wine
22per year, and the storage and sale of such wine to distributors
23in this State and to persons without the State, as may be
24permitted by law. A person who, prior to June 1, 2008 (the
25effective date of Public Act 95-634), is a holder of a
26second-class wine-maker's license and annually produces more

HB2675 Enrolled- 22 -LRB101 07840 RPS 52894 b
1than 25,000 gallons of its own wine and who distributes its
2wine to licensed retailers shall cease this practice on or
3before July 1, 2008 in compliance with Public Act 95-634.
4 Class 8. A limited wine-manufacturer may make sales and
5deliveries not to exceed 40,000 gallons of wine per year to
6distributors, and to non-licensees in accordance with the
7provisions of this Act.
8 Class 9. A class 1 craft distiller license, which may only
9be issued to a licensed distiller or licensed non-resident
10dealer, shall allow the manufacture of up to 50,000 gallons of
11spirits per year provided that the class 1 craft distiller
12licensee does not manufacture more than a combined 50,000
13gallons of spirits per year and is not a member of or
14affiliated with, directly or indirectly, a manufacturer that
15produces more than 50,000 gallons of spirits per year or any
16other alcoholic liquor. A class 1 craft distiller licensee may
17make sales and deliveries to importing distributors and
18distributors and to retail licensees in accordance with the
19conditions set forth in paragraph (19) of subsection (a) of
20Section 3-12 of this Act. However, the aggregate amount of
21spirits sold to non-licensees and sold or delivered to retail
22licensees may not exceed 5,000 gallons per year.
23 A class 1 craft distiller licensee may sell up to 5,000
24gallons of such spirits to non-licensees to the extent
25permitted by any exemption approved by the State Commission
26pursuant to Section 6-4 of this Act. A class 1 craft distiller

HB2675 Enrolled- 23 -LRB101 07840 RPS 52894 b
1license holder may store such spirits at a non-contiguous
2licensed location, but at no time shall a class 1 craft
3distiller license holder directly or indirectly produce in the
4aggregate more than 50,000 gallons of spirits per year.
5 A class 1 craft distiller licensee may hold more than one
6class 1 craft distiller's license. However, a class 1 craft
7distiller that holds more than one class 1 craft distiller
8license shall not manufacture, in the aggregate, more than
950,000 gallons of spirits by distillation per year and shall
10not sell, in the aggregate, more than 5,000 gallons of such
11spirits to non-licensees in accordance with an exemption
12approved by the State Commission pursuant to Section 6-4 of
13this Act.
14 Class 10. A class 2 craft distiller license, which may only
15be issued to a licensed distiller or licensed non-resident
16dealer, shall allow the manufacture of up to 100,000 gallons of
17spirits per year provided that the class 2 craft distiller
18licensee does not manufacture more than a combined 100,000
19gallons of spirits per year and is not a member of or
20affiliated with, directly or indirectly, a manufacturer that
21produces more than 100,000 gallons of spirits per year or any
22other alcoholic liquor. A class 2 craft distiller licensee may
23make sales and deliveries to importing distributors and
24distributors, but shall not make sales or deliveries to any
25other licensee. If the State Commission provides prior
26approval, a class 2 craft distiller licensee may annually

HB2675 Enrolled- 24 -LRB101 07840 RPS 52894 b
1transfer up to 100,000 gallons of spirits manufactured by that
2class 2 craft distiller licensee to the premises of a licensed
3class 2 craft distiller wholly owned and operated by the same
4licensee. A class 2 craft distiller may transfer spirits to a
5distilling pub wholly owned and operated by the class 2 craft
6distiller subject to the following limitations and
7restrictions: (i) the transfer shall not annually exceed more
8than 5,000 gallons; (ii) the annual amount transferred shall
9reduce the distilling pub's annual permitted production limit;
10(iii) all spirits transferred shall be subject to Article VIII
11of this Act; (iv) a written record shall be maintained by the
12distiller and distilling pub specifying the amount, date of
13delivery, and receipt of the product by the distilling pub; and
14(v) the distilling pub shall be located no farther than 80
15miles from the class 2 craft distiller's licensed location.
16 A class 2 craft distiller shall, prior to transferring
17spirits to a distilling pub wholly owned by the class 2 craft
18distiller, furnish a written notice to the State Commission of
19intent to transfer spirits setting forth the name and address
20of the distilling pub and shall annually submit to the State
21Commission a verified report identifying the total gallons of
22spirits transferred to the distilling pub wholly owned by the
23class 2 craft distiller.
24 A class 2 craft distiller license holder may store such
25spirits at a non-contiguous licensed location, but at no time
26shall a class 2 craft distiller license holder directly or

HB2675 Enrolled- 25 -LRB101 07840 RPS 52894 b
1indirectly produce in the aggregate more than 100,000 gallons
2of spirits per year.
3A craft distiller license shall allow the manufacture of up to
4100,000 gallons of spirits by distillation per year and the
5storage of such spirits. If a craft distiller licensee,
6including a craft distiller licensee who holds more than one
7craft distiller license, is not affiliated with any other
8manufacturer of spirits, then the craft distiller licensee may
9sell such spirits to distributors in this State and up to 2,500
10gallons of such spirits to non-licensees to the extent
11permitted by any exemption approved by the Commission pursuant
12to Section 6-4 of this Act. A craft distiller license holder
13may store such spirits at a non-contiguous licensed location,
14but at no time shall a craft distiller license holder directly
15or indirectly produce in the aggregate more than 100,000
16gallons of spirits per year.
17 A craft distiller licensee may hold more than one craft
18distiller's license. However, a craft distiller that holds more
19than one craft distiller license shall not manufacture, in the
20aggregate, more than 100,000 gallons of spirits by distillation
21per year and shall not sell, in the aggregate, more than 2,500
22gallons of such spirits to non-licensees in accordance with an
23exemption approved by the State Commission pursuant to Section
246-4 of this Act.
25 Any craft distiller licensed under this Act who on July 28,
262010 (the effective date of Public Act 96-1367) was licensed as

HB2675 Enrolled- 26 -LRB101 07840 RPS 52894 b
1a distiller and manufactured no more spirits than permitted by
2this Section shall not be required to pay the initial licensing
3fee.
4 Class 11 10. A class 1 brewer license, which may only be
5issued to a licensed brewer or licensed non-resident dealer,
6shall allow the manufacture of up to 930,000 gallons of beer
7per year provided that the class 1 brewer licensee does not
8manufacture more than a combined 930,000 gallons of beer per
9year and is not a member of or affiliated with, directly or
10indirectly, a manufacturer that produces more than 930,000
11gallons of beer per year or any other alcoholic liquor. A class
121 brewer licensee may make sales and deliveries to importing
13distributors and distributors and to retail licensees in
14accordance with the conditions set forth in paragraph (18) of
15subsection (a) of Section 3-12 of this Act. If the State
16Commission provides prior approval, a class 1 brewer may
17annually transfer up to 930,000 gallons of beer manufactured by
18that class 1 brewer to the premises of a licensed class 1
19brewer wholly owned and operated by the same licensee.
20 Class 12 11. A class 2 brewer license, which may only be
21issued to a licensed brewer or licensed non-resident dealer,
22shall allow the manufacture of up to 3,720,000 gallons of beer
23per year provided that the class 2 brewer licensee does not
24manufacture more than a combined 3,720,000 gallons of beer per
25year and is not a member of or affiliated with, directly or
26indirectly, a manufacturer that produces more than 3,720,000

HB2675 Enrolled- 27 -LRB101 07840 RPS 52894 b
1gallons of beer per year or any other alcoholic liquor. A class
22 brewer licensee may make sales and deliveries to importing
3distributors and distributors, but shall not make sales or
4deliveries to any other licensee. If the State Commission
5provides prior approval, a class 2 brewer licensee may annually
6transfer up to 3,720,000 gallons of beer manufactured by that
7class 2 brewer licensee to the premises of a licensed class 2
8brewer wholly owned and operated by the same licensee.
9 A class 2 brewer may transfer beer to a brew pub wholly
10owned and operated by the class 2 brewer subject to the
11following limitations and restrictions: (i) the transfer shall
12not annually exceed more than 31,000 gallons; (ii) the annual
13amount transferred shall reduce the brew pub's annual permitted
14production limit; (iii) all beer transferred shall be subject
15to Article VIII of this Act; (iv) a written record shall be
16maintained by the brewer and brew pub specifying the amount,
17date of delivery, and receipt of the product by the brew pub;
18and (v) the brew pub shall be located no farther than 80 miles
19from the class 2 brewer's licensed location.
20 A class 2 brewer shall, prior to transferring beer to a
21brew pub wholly owned by the class 2 brewer, furnish a written
22notice to the State Commission of intent to transfer beer
23setting forth the name and address of the brew pub and shall
24annually submit to the State Commission a verified report
25identifying the total gallons of beer transferred to the brew
26pub wholly owned by the class 2 brewer.

HB2675 Enrolled- 28 -LRB101 07840 RPS 52894 b
1 (a-1) A manufacturer which is licensed in this State to
2make sales or deliveries of alcoholic liquor to licensed
3distributors or importing distributors and which enlists
4agents, representatives, or individuals acting on its behalf
5who contact licensed retailers on a regular and continual basis
6in this State must register those agents, representatives, or
7persons acting on its behalf with the State Commission.
8 Registration of agents, representatives, or persons acting
9on behalf of a manufacturer is fulfilled by submitting a form
10to the Commission. The form shall be developed by the
11Commission and shall include the name and address of the
12applicant, the name and address of the manufacturer he or she
13represents, the territory or areas assigned to sell to or
14discuss pricing terms of alcoholic liquor, and any other
15questions deemed appropriate and necessary. All statements in
16the forms required to be made by law or by rule shall be deemed
17material, and any person who knowingly misstates any material
18fact under oath in an application is guilty of a Class B
19misdemeanor. Fraud, misrepresentation, false statements,
20misleading statements, evasions, or suppression of material
21facts in the securing of a registration are grounds for
22suspension or revocation of the registration. The State
23Commission shall post a list of registered agents on the
24Commission's website.
25 (b) A distributor's license shall allow (i) the wholesale
26purchase and storage of alcoholic liquors and sale of alcoholic

HB2675 Enrolled- 29 -LRB101 07840 RPS 52894 b
1liquors to licensees in this State and to persons without the
2State, as may be permitted by law; (ii) , and the sale of beer,
3cider, or both beer and cider to brewers, class 1 brewers, and
4class 2 brewers that, pursuant to subsection (e) of Section 6-4
5of this Act, sell beer, cider, or both beer and cider to
6non-licensees at their breweries; and (iii) the sale of
7vermouth to class 1 craft distillers and class 2 craft
8distillers that, pursuant to subsection (e) of Section 6-4 of
9this Act, sell spirits, vermouth, or both spirits and vermouth
10to non-licensees at their distilleries. No person licensed as a
11distributor shall be granted a non-resident dealer's license.
12 (c) An importing distributor's license may be issued to and
13held by those only who are duly licensed distributors, upon the
14filing of an application by a duly licensed distributor, with
15the Commission and the Commission shall, without the payment of
16any fee, immediately issue such importing distributor's
17license to the applicant, which shall allow the importation of
18alcoholic liquor by the licensee into this State from any point
19in the United States outside this State, and the purchase of
20alcoholic liquor in barrels, casks or other bulk containers and
21the bottling of such alcoholic liquors before resale thereof,
22but all bottles or containers so filled shall be sealed,
23labeled, stamped and otherwise made to comply with all
24provisions, rules and regulations governing manufacturers in
25the preparation and bottling of alcoholic liquors. The
26importing distributor's license shall permit such licensee to

HB2675 Enrolled- 30 -LRB101 07840 RPS 52894 b
1purchase alcoholic liquor from Illinois licensed non-resident
2dealers and foreign importers only. No person licensed as an
3importing distributor shall be granted a non-resident dealer's
4license.
5 (d) A retailer's license shall allow the licensee to sell
6and offer for sale at retail, only in the premises specified in
7the license, alcoholic liquor for use or consumption, but not
8for resale in any form. Nothing in Public Act 95-634 shall
9deny, limit, remove, or restrict the ability of a holder of a
10retailer's license to transfer, deliver, or ship alcoholic
11liquor to the purchaser for use or consumption subject to any
12applicable local law or ordinance. Any retail license issued to
13a manufacturer shall only permit the manufacturer to sell beer
14at retail on the premises actually occupied by the
15manufacturer. For the purpose of further describing the type of
16business conducted at a retail licensed premises, a retailer's
17licensee may be designated by the State Commission as (i) an on
18premise consumption retailer, (ii) an off premise sale
19retailer, or (iii) a combined on premise consumption and off
20premise sale retailer.
21 Notwithstanding any other provision of this subsection
22(d), a retail licensee may sell alcoholic liquors to a special
23event retailer licensee for resale to the extent permitted
24under subsection (e).
25 (e) A special event retailer's license (not-for-profit)
26shall permit the licensee to purchase alcoholic liquors from an

HB2675 Enrolled- 31 -LRB101 07840 RPS 52894 b
1Illinois licensed distributor (unless the licensee purchases
2less than $500 of alcoholic liquors for the special event, in
3which case the licensee may purchase the alcoholic liquors from
4a licensed retailer) and shall allow the licensee to sell and
5offer for sale, at retail, alcoholic liquors for use or
6consumption, but not for resale in any form and only at the
7location and on the specific dates designated for the special
8event in the license. An applicant for a special event retailer
9license must (i) furnish with the application: (A) a resale
10number issued under Section 2c of the Retailers' Occupation Tax
11Act or evidence that the applicant is registered under Section
122a of the Retailers' Occupation Tax Act, (B) a current, valid
13exemption identification number issued under Section 1g of the
14Retailers' Occupation Tax Act, and a certification to the
15Commission that the purchase of alcoholic liquors will be a
16tax-exempt purchase, or (C) a statement that the applicant is
17not registered under Section 2a of the Retailers' Occupation
18Tax Act, does not hold a resale number under Section 2c of the
19Retailers' Occupation Tax Act, and does not hold an exemption
20number under Section 1g of the Retailers' Occupation Tax Act,
21in which event the Commission shall set forth on the special
22event retailer's license a statement to that effect; (ii)
23submit with the application proof satisfactory to the State
24Commission that the applicant will provide dram shop liability
25insurance in the maximum limits; and (iii) show proof
26satisfactory to the State Commission that the applicant has

HB2675 Enrolled- 32 -LRB101 07840 RPS 52894 b
1obtained local authority approval.
2 Nothing in this Act prohibits an Illinois licensed
3distributor from offering credit or a refund for unused,
4salable alcoholic liquors to a holder of a special event
5retailer's license or from the special event retailer's
6licensee from accepting the credit or refund of alcoholic
7liquors at the conclusion of the event specified in the
8license.
9 (f) A railroad license shall permit the licensee to import
10alcoholic liquors into this State from any point in the United
11States outside this State and to store such alcoholic liquors
12in this State; to make wholesale purchases of alcoholic liquors
13directly from manufacturers, foreign importers, distributors
14and importing distributors from within or outside this State;
15and to store such alcoholic liquors in this State; provided
16that the above powers may be exercised only in connection with
17the importation, purchase or storage of alcoholic liquors to be
18sold or dispensed on a club, buffet, lounge or dining car
19operated on an electric, gas or steam railway in this State;
20and provided further, that railroad licensees exercising the
21above powers shall be subject to all provisions of Article VIII
22of this Act as applied to importing distributors. A railroad
23license shall also permit the licensee to sell or dispense
24alcoholic liquors on any club, buffet, lounge or dining car
25operated on an electric, gas or steam railway regularly
26operated by a common carrier in this State, but shall not

HB2675 Enrolled- 33 -LRB101 07840 RPS 52894 b
1permit the sale for resale of any alcoholic liquors to any
2licensee within this State. A license shall be obtained for
3each car in which such sales are made.
4 (g) A boat license shall allow the sale of alcoholic liquor
5in individual drinks, on any passenger boat regularly operated
6as a common carrier on navigable waters in this State or on any
7riverboat operated under the Riverboat Gambling Act, which boat
8or riverboat maintains a public dining room or restaurant
9thereon.
10 (h) A non-beverage user's license shall allow the licensee
11to purchase alcoholic liquor from a licensed manufacturer or
12importing distributor, without the imposition of any tax upon
13the business of such licensed manufacturer or importing
14distributor as to such alcoholic liquor to be used by such
15licensee solely for the non-beverage purposes set forth in
16subsection (a) of Section 8-1 of this Act, and such licenses
17shall be divided and classified and shall permit the purchase,
18possession and use of limited and stated quantities of
19alcoholic liquor as follows:
20Class 1, not to exceed ......................... 500 gallons
21Class 2, not to exceed ....................... 1,000 gallons
22Class 3, not to exceed ....................... 5,000 gallons
23Class 4, not to exceed ...................... 10,000 gallons
24Class 5, not to exceed ....................... 50,000 gallons
25 (i) A wine-maker's premises license shall allow a licensee
26that concurrently holds a first-class wine-maker's license to

HB2675 Enrolled- 34 -LRB101 07840 RPS 52894 b
1sell and offer for sale at retail in the premises specified in
2such license not more than 50,000 gallons of the first-class
3wine-maker's wine that is made at the first-class wine-maker's
4licensed premises per year for use or consumption, but not for
5resale in any form. A wine-maker's premises license shall allow
6a licensee who concurrently holds a second-class wine-maker's
7license to sell and offer for sale at retail in the premises
8specified in such license up to 100,000 gallons of the
9second-class wine-maker's wine that is made at the second-class
10wine-maker's licensed premises per year for use or consumption
11but not for resale in any form. A wine-maker's premises license
12shall allow a licensee that concurrently holds a first-class
13wine-maker's license or a second-class wine-maker's license to
14sell and offer for sale at retail at the premises specified in
15the wine-maker's premises license, for use or consumption but
16not for resale in any form, any beer, wine, and spirits
17purchased from a licensed distributor. Upon approval from the
18State Commission, a wine-maker's premises license shall allow
19the licensee to sell and offer for sale at (i) the wine-maker's
20licensed premises and (ii) at up to 2 additional locations for
21use and consumption and not for resale. Each location shall
22require additional licensing per location as specified in
23Section 5-3 of this Act. A wine-maker's premises licensee shall
24secure liquor liability insurance coverage in an amount at
25least equal to the maximum liability amounts set forth in
26subsection (a) of Section 6-21 of this Act.

HB2675 Enrolled- 35 -LRB101 07840 RPS 52894 b
1 (j) An airplane license shall permit the licensee to import
2alcoholic liquors into this State from any point in the United
3States outside this State and to store such alcoholic liquors
4in this State; to make wholesale purchases of alcoholic liquors
5directly from manufacturers, foreign importers, distributors
6and importing distributors from within or outside this State;
7and to store such alcoholic liquors in this State; provided
8that the above powers may be exercised only in connection with
9the importation, purchase or storage of alcoholic liquors to be
10sold or dispensed on an airplane; and provided further, that
11airplane licensees exercising the above powers shall be subject
12to all provisions of Article VIII of this Act as applied to
13importing distributors. An airplane licensee shall also permit
14the sale or dispensing of alcoholic liquors on any passenger
15airplane regularly operated by a common carrier in this State,
16but shall not permit the sale for resale of any alcoholic
17liquors to any licensee within this State. A single airplane
18license shall be required of an airline company if liquor
19service is provided on board aircraft in this State. The annual
20fee for such license shall be as determined in Section 5-3.
21 (k) A foreign importer's license shall permit such licensee
22to purchase alcoholic liquor from Illinois licensed
23non-resident dealers only, and to import alcoholic liquor other
24than in bulk from any point outside the United States and to
25sell such alcoholic liquor to Illinois licensed importing
26distributors and to no one else in Illinois; provided that (i)

HB2675 Enrolled- 36 -LRB101 07840 RPS 52894 b
1the foreign importer registers with the State Commission every
2brand of alcoholic liquor that it proposes to sell to Illinois
3licensees during the license period, (ii) the foreign importer
4complies with all of the provisions of Section 6-9 of this Act
5with respect to registration of such Illinois licensees as may
6be granted the right to sell such brands at wholesale, and
7(iii) the foreign importer complies with the provisions of
8Sections 6-5 and 6-6 of this Act to the same extent that these
9provisions apply to manufacturers.
10 (l) (i) A broker's license shall be required of all persons
11who solicit orders for, offer to sell or offer to supply
12alcoholic liquor to retailers in the State of Illinois, or who
13offer to retailers to ship or cause to be shipped or to make
14contact with distillers, rectifiers, brewers or manufacturers
15or any other party within or without the State of Illinois in
16order that alcoholic liquors be shipped to a distributor,
17importing distributor or foreign importer, whether such
18solicitation or offer is consummated within or without the
19State of Illinois.
20 No holder of a retailer's license issued by the Illinois
21Liquor Control Commission shall purchase or receive any
22alcoholic liquor, the order for which was solicited or offered
23for sale to such retailer by a broker unless the broker is the
24holder of a valid broker's license.
25 The broker shall, upon the acceptance by a retailer of the
26broker's solicitation of an order or offer to sell or supply or

HB2675 Enrolled- 37 -LRB101 07840 RPS 52894 b
1deliver or have delivered alcoholic liquors, promptly forward
2to the Illinois Liquor Control Commission a notification of
3said transaction in such form as the Commission may by
4regulations prescribe.
5 (ii) A broker's license shall be required of a person
6within this State, other than a retail licensee, who, for a fee
7or commission, promotes, solicits, or accepts orders for
8alcoholic liquor, for use or consumption and not for resale, to
9be shipped from this State and delivered to residents outside
10of this State by an express company, common carrier, or
11contract carrier. This Section does not apply to any person who
12promotes, solicits, or accepts orders for wine as specifically
13authorized in Section 6-29 of this Act.
14 A broker's license under this subsection (l) shall not
15entitle the holder to buy or sell any alcoholic liquors for his
16own account or to take or deliver title to such alcoholic
17liquors.
18 This subsection (l) shall not apply to distributors,
19employees of distributors, or employees of a manufacturer who
20has registered the trademark, brand or name of the alcoholic
21liquor pursuant to Section 6-9 of this Act, and who regularly
22sells such alcoholic liquor in the State of Illinois only to
23its registrants thereunder.
24 Any agent, representative, or person subject to
25registration pursuant to subsection (a-1) of this Section shall
26not be eligible to receive a broker's license.

HB2675 Enrolled- 38 -LRB101 07840 RPS 52894 b
1 (m) A non-resident dealer's license shall permit such
2licensee to ship into and warehouse alcoholic liquor into this
3State from any point outside of this State, and to sell such
4alcoholic liquor to Illinois licensed foreign importers and
5importing distributors and to no one else in this State;
6provided that (i) said non-resident dealer shall register with
7the Illinois Liquor Control Commission each and every brand of
8alcoholic liquor which it proposes to sell to Illinois
9licensees during the license period, (ii) it shall comply with
10all of the provisions of Section 6-9 hereof with respect to
11registration of such Illinois licensees as may be granted the
12right to sell such brands at wholesale by duly filing such
13registration statement, thereby authorizing the non-resident
14dealer to proceed to sell such brands at wholesale, and (iii)
15the non-resident dealer shall comply with the provisions of
16Sections 6-5 and 6-6 of this Act to the same extent that these
17provisions apply to manufacturers. No person licensed as a
18non-resident dealer shall be granted a distributor's or
19importing distributor's license.
20 (n) A brew pub license shall allow the licensee to only (i)
21manufacture up to 155,000 gallons of beer per year only on the
22premises specified in the license, (ii) make sales of the beer
23manufactured on the premises or, with the approval of the
24Commission, beer manufactured on another brew pub licensed
25premises that is wholly owned and operated by the same licensee
26to importing distributors, distributors, and to non-licensees

HB2675 Enrolled- 39 -LRB101 07840 RPS 52894 b
1for use and consumption, (iii) store the beer upon the
2premises, (iv) sell and offer for sale at retail from the
3licensed premises for off-premises consumption no more than
4155,000 gallons per year so long as such sales are only made
5in-person, (v) sell and offer for sale at retail for use and
6consumption on the premises specified in the license any form
7of alcoholic liquor purchased from a licensed distributor or
8importing distributor, and (vi) with the prior approval of the
9Commission, annually transfer no more than 155,000 gallons of
10beer manufactured on the premises to a licensed brew pub wholly
11owned and operated by the same licensee.
12 A brew pub licensee shall not under any circumstance sell
13or offer for sale beer manufactured by the brew pub licensee to
14retail licensees.
15 A person who holds a class 2 brewer license may
16simultaneously hold a brew pub license if the class 2 brewer
17(i) does not, under any circumstance, sell or offer for sale
18beer manufactured by the class 2 brewer to retail licensees;
19(ii) does not hold more than 3 brew pub licenses in this State;
20(iii) does not manufacture more than a combined 3,720,000
21gallons of beer per year, including the beer manufactured at
22the brew pub; and (iv) is not a member of or affiliated with,
23directly or indirectly, a manufacturer that produces more than
243,720,000 gallons of beer per year or any other alcoholic
25liquor.
26 Notwithstanding any other provision of this Act, a licensed

HB2675 Enrolled- 40 -LRB101 07840 RPS 52894 b
1brewer, class 2 brewer, or non-resident dealer who before July
21, 2015 manufactured less than 3,720,000 gallons of beer per
3year and held a brew pub license on or before July 1, 2015 may
4(i) continue to qualify for and hold that brew pub license for
5the licensed premises and (ii) manufacture more than 3,720,000
6gallons of beer per year and continue to qualify for and hold
7that brew pub license if that brewer, class 2 brewer, or
8non-resident dealer does not simultaneously hold a class 1
9brewer license and is not a member of or affiliated with,
10directly or indirectly, a manufacturer that produces more than
113,720,000 gallons of beer per year or that produces any other
12alcoholic liquor.
13 (o) A caterer retailer license shall allow the holder to
14serve alcoholic liquors as an incidental part of a food service
15that serves prepared meals which excludes the serving of snacks
16as the primary meal, either on or off-site whether licensed or
17unlicensed.
18 (p) An auction liquor license shall allow the licensee to
19sell and offer for sale at auction wine and spirits for use or
20consumption, or for resale by an Illinois liquor licensee in
21accordance with provisions of this Act. An auction liquor
22license will be issued to a person and it will permit the
23auction liquor licensee to hold the auction anywhere in the
24State. An auction liquor license must be obtained for each
25auction at least 14 days in advance of the auction date.
26 (q) A special use permit license shall allow an Illinois

HB2675 Enrolled- 41 -LRB101 07840 RPS 52894 b
1licensed retailer to transfer a portion of its alcoholic liquor
2inventory from its retail licensed premises to the premises
3specified in the license hereby created, and to sell or offer
4for sale at retail, only in the premises specified in the
5license hereby created, the transferred alcoholic liquor for
6use or consumption, but not for resale in any form. A special
7use permit license may be granted for the following time
8periods: one day or less; 2 or more days to a maximum of 15 days
9per location in any 12-month period. An applicant for the
10special use permit license must also submit with the
11application proof satisfactory to the State Commission that the
12applicant will provide dram shop liability insurance to the
13maximum limits and have local authority approval.
14 (r) A winery shipper's license shall allow a person with a
15first-class or second-class wine manufacturer's license, a
16first-class or second-class wine-maker's license, or a limited
17wine manufacturer's license or who is licensed to make wine
18under the laws of another state to ship wine made by that
19licensee directly to a resident of this State who is 21 years
20of age or older for that resident's personal use and not for
21resale. Prior to receiving a winery shipper's license, an
22applicant for the license must provide the Commission with a
23true copy of its current license in any state in which it is
24licensed as a manufacturer of wine. An applicant for a winery
25shipper's license must also complete an application form that
26provides any other information the Commission deems necessary.

HB2675 Enrolled- 42 -LRB101 07840 RPS 52894 b
1The application form shall include all addresses from which the
2applicant for a winery shipper's license intends to ship wine,
3including the name and address of any third party, except for a
4common carrier, authorized to ship wine on behalf of the
5manufacturer. The application form shall include an
6acknowledgement consenting to the jurisdiction of the
7Commission, the Illinois Department of Revenue, and the courts
8of this State concerning the enforcement of this Act and any
9related laws, rules, and regulations, including authorizing
10the Department of Revenue and the Commission to conduct audits
11for the purpose of ensuring compliance with Public Act 95-634,
12and an acknowledgement that the wine manufacturer is in
13compliance with Section 6-2 of this Act. Any third party,
14except for a common carrier, authorized to ship wine on behalf
15of a first-class or second-class wine manufacturer's licensee,
16a first-class or second-class wine-maker's licensee, a limited
17wine manufacturer's licensee, or a person who is licensed to
18make wine under the laws of another state shall also be
19disclosed by the winery shipper's licensee, and a copy of the
20written appointment of the third-party wine provider, except
21for a common carrier, to the wine manufacturer shall be filed
22with the State Commission as a supplement to the winery
23shipper's license application or any renewal thereof. The
24winery shipper's license holder shall affirm under penalty of
25perjury, as part of the winery shipper's license application or
26renewal, that he or she only ships wine, either directly or

HB2675 Enrolled- 43 -LRB101 07840 RPS 52894 b
1indirectly through a third-party provider, from the licensee's
2own production.
3 Except for a common carrier, a third-party provider
4shipping wine on behalf of a winery shipper's license holder is
5the agent of the winery shipper's license holder and, as such,
6a winery shipper's license holder is responsible for the acts
7and omissions of the third-party provider acting on behalf of
8the license holder. A third-party provider, except for a common
9carrier, that engages in shipping wine into Illinois on behalf
10of a winery shipper's license holder shall consent to the
11jurisdiction of the State Commission and the State. Any
12third-party, except for a common carrier, holding such an
13appointment shall, by February 1 of each calendar year and upon
14request by the State Commission or the Department of Revenue,
15file with the State Commission a statement detailing each
16shipment made to an Illinois resident. The statement shall
17include the name and address of the third-party provider filing
18the statement, the time period covered by the statement, and
19the following information:
20 (1) the name, address, and license number of the winery
21 shipper on whose behalf the shipment was made;
22 (2) the quantity of the products delivered; and
23 (3) the date and address of the shipment.
24If the Department of Revenue or the State Commission requests a
25statement under this paragraph, the third-party provider must
26provide that statement no later than 30 days after the request

HB2675 Enrolled- 44 -LRB101 07840 RPS 52894 b
1is made. Any books, records, supporting papers, and documents
2containing information and data relating to a statement under
3this paragraph shall be kept and preserved for a period of 3
4years, unless their destruction sooner is authorized, in
5writing, by the Director of Revenue, and shall be open and
6available to inspection by the Director of Revenue or the State
7Commission or any duly authorized officer, agent, or employee
8of the State Commission or the Department of Revenue, at all
9times during business hours of the day. Any person who violates
10any provision of this paragraph or any rule of the State
11Commission for the administration and enforcement of the
12provisions of this paragraph is guilty of a Class C
13misdemeanor. In case of a continuing violation, each day's
14continuance thereof shall be a separate and distinct offense.
15 The State Commission shall adopt rules as soon as
16practicable to implement the requirements of Public Act 99-904
17and shall adopt rules prohibiting any such third-party
18appointment of a third-party provider, except for a common
19carrier, that has been deemed by the State Commission to have
20violated the provisions of this Act with regard to any winery
21shipper licensee.
22 A winery shipper licensee must pay to the Department of
23Revenue the State liquor gallonage tax under Section 8-1 for
24all wine that is sold by the licensee and shipped to a person
25in this State. For the purposes of Section 8-1, a winery
26shipper licensee shall be taxed in the same manner as a

HB2675 Enrolled- 45 -LRB101 07840 RPS 52894 b
1manufacturer of wine. A licensee who is not otherwise required
2to register under the Retailers' Occupation Tax Act must
3register under the Use Tax Act to collect and remit use tax to
4the Department of Revenue for all gallons of wine that are sold
5by the licensee and shipped to persons in this State. If a
6licensee fails to remit the tax imposed under this Act in
7accordance with the provisions of Article VIII of this Act, the
8winery shipper's license shall be revoked in accordance with
9the provisions of Article VII of this Act. If a licensee fails
10to properly register and remit tax under the Use Tax Act or the
11Retailers' Occupation Tax Act for all wine that is sold by the
12winery shipper and shipped to persons in this State, the winery
13shipper's license shall be revoked in accordance with the
14provisions of Article VII of this Act.
15 A winery shipper licensee must collect, maintain, and
16submit to the Commission on a semi-annual basis the total
17number of cases per resident of wine shipped to residents of
18this State. A winery shipper licensed under this subsection (r)
19must comply with the requirements of Section 6-29 of this Act.
20 Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
21Section 3-12, the State Commission may receive, respond to, and
22investigate any complaint and impose any of the remedies
23specified in paragraph (1) of subsection (a) of Section 3-12.
24 As used in this subsection, "third-party provider" means
25any entity that provides fulfillment house services, including
26warehousing, packaging, distribution, order processing, or

HB2675 Enrolled- 46 -LRB101 07840 RPS 52894 b
1shipment of wine, but not the sale of wine, on behalf of a
2licensed winery shipper.
3 (s) A craft distiller tasting permit license shall allow an
4Illinois licensed class 1 craft distiller or class 2 craft
5distiller to transfer a portion of its alcoholic liquor
6inventory from its class 1 craft distiller or class 2 craft
7distiller licensed premises to the premises specified in the
8license hereby created and to conduct a sampling, only in the
9premises specified in the license hereby created, of the
10transferred alcoholic liquor in accordance with subsection (c)
11of Section 6-31 of this Act. The transferred alcoholic liquor
12may not be sold or resold in any form. An applicant for the
13craft distiller tasting permit license must also submit with
14the application proof satisfactory to the State Commission that
15the applicant will provide dram shop liability insurance to the
16maximum limits and have local authority approval.
17 (t) A brewer warehouse permit may be issued to the holder
18of a class 1 brewer license or a class 2 brewer license. If the
19holder of the permit is a class 1 brewer licensee, the brewer
20warehouse permit shall allow the holder to store or warehouse
21up to 930,000 gallons of tax-determined beer manufactured by
22the holder of the permit at the premises specified on the
23permit. If the holder of the permit is a class 2 brewer
24licensee, the brewer warehouse permit shall allow the holder to
25store or warehouse up to 3,720,000 gallons of tax-determined
26beer manufactured by the holder of the permit at the premises

HB2675 Enrolled- 47 -LRB101 07840 RPS 52894 b
1specified on the permit. Sales to non-licensees are prohibited
2at the premises specified in the brewer warehouse permit.
3 (u) A distilling pub license shall allow the licensee to
4only (i) manufacture up to 5,000 gallons of spirits per year
5only on the premises specified in the license, (ii) make sales
6of the spirits manufactured on the premises or, with the
7approval of the State Commission, spirits manufactured on
8another distilling pub licensed premises that is wholly owned
9and operated by the same licensee to importing distributors and
10distributors and to non-licensees for use and consumption,
11(iii) store the spirits upon the premises, (iv) sell and offer
12for sale at retail from the licensed premises for off-premises
13consumption no more than 5,000 gallons per year so long as such
14sales are only made in-person, (v) sell and offer for sale at
15retail for use and consumption on the premises specified in the
16license any form of alcoholic liquor purchased from a licensed
17distributor or importing distributor, and (vi) with the prior
18approval of the State Commission, annually transfer no more
19than 5,000 gallons of spirits manufactured on the premises to a
20licensed distilling pub wholly owned and operated by the same
21licensee.
22 A distilling pub licensee shall not under any circumstance
23sell or offer for sale spirits manufactured by the distilling
24pub licensee to retail licensees.
25 A person who holds a class 2 craft distiller license may
26simultaneously hold a distilling pub license if the class 2

HB2675 Enrolled- 48 -LRB101 07840 RPS 52894 b
1craft distiller (i) does not, under any circumstance, sell or
2offer for sale spirits manufactured by the class 2 craft
3distiller to retail licensees; (ii) does not hold more than 3
4distilling pub licenses in this State; (iii) does not
5manufacture more than a combined 100,000 gallons of spirits per
6year, including the spirits manufactured at the distilling pub;
7and (iv) is not a member of or affiliated with, directly or
8indirectly, a manufacturer that produces more than 100,000
9gallons of spirits per year or any other alcoholic liquor.
10 (v) A craft distiller warehouse permit may be issued to the
11holder of a class 1 craft distiller or class 2 craft distiller
12license. The craft distiller warehouse permit shall allow the
13holder to store or warehouse up to 500,000 gallons of spirits
14manufactured by the holder of the permit at the premises
15specified on the permit. Sales to non-licensees are prohibited
16at the premises specified in the craft distiller warehouse
17permit.
18(Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16;
1999-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff.
201-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17; 100-816,
21eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff. 8-23-18;
22revised 10-2-18.)
23 (235 ILCS 5/5-3) (from Ch. 43, par. 118)
24 Sec. 5-3. License fees. Except as otherwise provided
25herein, at the time application is made to the State Commission

HB2675 Enrolled- 49 -LRB101 07840 RPS 52894 b
1for a license of any class, the applicant shall pay to the
2State Commission the fee hereinafter provided for the kind of
3license applied for.
4 The fee for licenses issued by the State Commission shall
5be as follows:
6OnlineInitial
7renewallicense
8 or
9 non-online
10 renewal
11 For a manufacturer's license:
12 Class 1. Distiller .................$4,000$5,000
13 Class 2. Rectifier .................4,000 5,000
14 Class 3. Brewer ....................1,200 1,500
15 Class 4. First-class Wine
16 Manufacturer ...................750900
17 Class 5. Second-class
18 Wine Manufacturer ..............1,500 1,750
19 Class 6. First-class wine-maker ....750 900
20 Class 7. Second-class wine-maker ...1,500 1,750
21 Class 8. Limited Wine
22 Manufacturer....................250350
23 Class 9. Class 1 Craft Distiller.... 50 75
24 Class 10. Class 2 Craft Distiller... 75 100
25 Class 11 10. Class 1 Brewer..........50 75
26 Class 12 11. Class 2 Brewer.......... 75 100

HB2675 Enrolled- 50 -LRB101 07840 RPS 52894 b
1 For a Brew Pub License..............1,2001,500
2 For a Distilling Pub License........ 1,200 1,500
3 For a caterer retailer's license....350 500
4 For a foreign importer's license ...25 25
5 For an importing distributor's
6 license.........................2525
7 For a distributor's license
8 (11,250,000 gallons
9 or over)........................1,4502,200
10 For a distributor's license
11 (over 4,500,000 gallons, but
12 under 11,250,000 gallons)....... 9501,450
13 For a distributor's license
14 (4,500,000 gallons or under)....300450
15 For a non-resident dealer's license
16 (500,000 gallons or over) ......1,200 1,500
17 For a non-resident dealer's license
18 (under 500,000 gallons) ........250 350
19 For a wine-maker's premises
20 license ........................250500
21 For a winery shipper's license
22 (under 250,000 gallons).........200 350
23 For a winery shipper's license
24 (250,000 or over, but
25 under 500,000 gallons)..........7501,000
26 For a winery shipper's license

HB2675 Enrolled- 51 -LRB101 07840 RPS 52894 b
1 (500,000 gallons or over).......1,200 1,500
2 For a wine-maker's premises license,
3 second location ................500 1,000
4 For a wine-maker's premises license,
5 third location .................5001,000
6 For a retailer's license ...........600 750
7 For a special event retailer's
8 license, (not-for-profit) ......25 25
9 For a special use permit license,
10 one day only ...................100 150
11 2 days or more .................150 250
12 For a railroad license .............100 150
13 For a boat license .................500 1,000
14 For an airplane license, times the
15 licensee's maximum number of
16 aircraft in flight, serving
17 liquor over the State at any
18 given time, which either
19 originate, terminate, or make
20 an intermediate stop in
21 the State.......................100150
22 For a non-beverage user's license:
23 Class 1 ........................2424
24 Class 2 ........................6060
25 Class 3 ........................120120
26 Class 4 ........................240240

HB2675 Enrolled- 52 -LRB101 07840 RPS 52894 b
1 Class 5 ........................600600
2 For a broker's license .............750 1,000
3 For an auction liquor license ......100 150
4 For a homebrewer special
5 event permit....................2525
6 For a craft distiller
7 tasting permit..................25 25
8 For a BASSET trainer license........ 300 350
9 For a tasting representative
10 license.........................200300
11 For a brewer warehouse permit....... 2525
12 For a craft distiller
13 warehouse permit...............25 25
14 Fees collected under this Section shall be paid into the
15Dram Shop Fund. On and after July 1, 2003 and until June 30,
162016, of the funds received for a retailer's license, in
17addition to the first $175, an additional $75 shall be paid
18into the Dram Shop Fund, and $250 shall be paid into the
19General Revenue Fund. On and after June 30, 2016, one-half of
20the funds received for a retailer's license shall be paid into
21the Dram Shop Fund and one-half of the funds received for a
22retailer's license shall be paid into the General Revenue Fund.
23Beginning June 30, 1990 and on June 30 of each subsequent year
24through June 29, 2003, any balance over $5,000,000 remaining in
25the Dram Shop Fund shall be credited to State liquor licensees
26and applied against their fees for State liquor licenses for

HB2675 Enrolled- 53 -LRB101 07840 RPS 52894 b
1the following year. The amount credited to each licensee shall
2be a proportion of the balance in the Dram Fund that is the
3same as the proportion of the license fee paid by the licensee
4under this Section for the period in which the balance was
5accumulated to the aggregate fees paid by all licensees during
6that period.
7 No fee shall be paid for licenses issued by the State
8Commission to the following non-beverage users:
9 (a) Hospitals, sanitariums, or clinics when their use
10 of alcoholic liquor is exclusively medicinal, mechanical
11 or scientific.
12 (b) Universities, colleges of learning or schools when
13 their use of alcoholic liquor is exclusively medicinal,
14 mechanical or scientific.
15 (c) Laboratories when their use is exclusively for the
16 purpose of scientific research.
17(Source: P.A. 99-448, eff. 8-24-15; 99-902, eff. 8-26-16;
1899-904, eff. 8-26-16; 100-201, eff. 8-18-17; 100-816, eff.
198-13-18.)
20 (235 ILCS 5/6-4) (from Ch. 43, par. 121)
21 Sec. 6-4. (a) No person licensed by any licensing authority
22as a distiller, or a wine manufacturer, or any subsidiary or
23affiliate thereof, or any officer, associate, member, partner,
24representative, employee, agent or shareholder owning more
25than 5% of the outstanding shares of such person shall be

HB2675 Enrolled- 54 -LRB101 07840 RPS 52894 b
1issued an importing distributor's or distributor's license,
2nor shall any person licensed by any licensing authority as an
3importing distributor, distributor or retailer, or any
4subsidiary or affiliate thereof, or any officer or associate,
5member, partner, representative, employee, agent or
6shareholder owning more than 5% of the outstanding shares of
7such person be issued a distiller's license, a craft
8distiller's license, or a wine manufacturer's license; and no
9person or persons licensed as a distiller, or class 1 craft
10distiller, or class 2 craft distiller by any licensing
11authority shall have any interest, directly or indirectly, with
12such distributor or importing distributor.
13 However, an importing distributor or distributor, which on
14January 1, 1985 is owned by a brewer, or any subsidiary or
15affiliate thereof or any officer, associate, member, partner,
16representative, employee, agent or shareholder owning more
17than 5% of the outstanding shares of the importing distributor
18or distributor referred to in this paragraph, may own or
19acquire an ownership interest of more than 5% of the
20outstanding shares of a wine manufacturer and be issued a wine
21manufacturer's license by any licensing authority.
22 (b) The foregoing provisions shall not apply to any person
23licensed by any licensing authority as a distiller or wine
24manufacturer, or to any subsidiary or affiliate of any
25distiller or wine manufacturer who shall have been heretofore
26licensed by the State Commission as either an importing

HB2675 Enrolled- 55 -LRB101 07840 RPS 52894 b
1distributor or distributor during the annual licensing period
2expiring June 30, 1947, and shall actually have made sales
3regularly to retailers.
4 (c) Provided, however, that in such instances where a
5distributor's or importing distributor's license has been
6issued to any distiller or wine manufacturer or to any
7subsidiary or affiliate of any distiller or wine manufacturer
8who has, during the licensing period ending June 30, 1947, sold
9or distributed as such licensed distributor or importing
10distributor alcoholic liquors and wines to retailers, such
11distiller or wine manufacturer or any subsidiary or affiliate
12of any distiller or wine manufacturer holding such
13distributor's or importing distributor's license may continue
14to sell or distribute to retailers such alcoholic liquors and
15wines which are manufactured, distilled, processed or marketed
16by distillers and wine manufacturers whose products it sold or
17distributed to retailers during the whole or any part of its
18licensing periods; and such additional brands and additional
19products may be added to the line of such distributor or
20importing distributor, provided, that such brands and such
21products were not sold or distributed by any distributor or
22importing distributor licensed by the State Commission during
23the licensing period ending June 30, 1947, but can not sell or
24distribute to retailers any other alcoholic liquors or wines.
25 (d) It shall be unlawful for any distiller licensed
26anywhere to have any stock ownership or interest in any

HB2675 Enrolled- 56 -LRB101 07840 RPS 52894 b
1distributor's or importing distributor's license wherein any
2other person has an interest therein who is not a distiller and
3does not own more than 5% of any stock in any distillery.
4Nothing herein contained shall apply to such distillers or
5their subsidiaries or affiliates, who had a distributor's or
6importing distributor's license during the licensing period
7ending June 30, 1947, which license was owned in whole by such
8distiller, or subsidiaries or affiliates of such distiller.
9 (e) Any person licensed as a brewer, class 1 brewer, or
10class 2 brewer shall be permitted to sell on the licensed
11premises to non-licensees for on or off-premises consumption
12for the premises in which he or she actually conducts such
13business: (i) beer manufactured by the brewer, class 1 brewer,
14or class 2 brewer; (ii) beer manufactured by any other brewer,
15class 1 brewer, or class 2 brewer; and (iii) cider. Such sales
16shall be limited to on-premises, in-person sales only, for
17lawful consumption on or off premises. Such authorization shall
18be considered a privilege granted by the brewer license and,
19other than a manufacturer of beer as stated above, no
20manufacturer or distributor or importing distributor,
21excluding airplane licensees exercising powers provided in
22paragraph (i) of Section 5-1 of this Act, or any subsidiary or
23affiliate thereof, or any officer, associate, member, partner,
24representative, employee or agent, or shareholder shall be
25issued a retailer's license, nor shall any person having a
26retailer's license, excluding airplane licensees exercising

HB2675 Enrolled- 57 -LRB101 07840 RPS 52894 b
1powers provided in paragraph (i) of Section 5-1 of this Act, or
2any subsidiary or affiliate thereof, or any officer, associate,
3member, partner, representative or agent, or shareholder be
4issued a manufacturer's license or importing distributor's
5license.
6 A manufacturer of beer that imports or transfers beer into
7this State must comply with Sections 6-8 and 8-1 of this Act.
8 A person who holds a class 1 or class 2 brewer license and
9is authorized by this Section to sell beer to non-licensees
10shall not sell beer to non-licensees from more than 3 total
11brewer or commonly owned brew pub licensed locations in this
12State. The class 1 or class 2 brewer shall designate to the
13State Commission the brewer or brew pub locations from which it
14will sell beer to non-licensees.
15 A person licensed as a class 1 craft distiller or a class 2
16craft distiller, including a person who holds more than one
17class 1 craft distiller or class 2 craft distiller license, not
18affiliated with any other person manufacturing spirits may be
19authorized by the State Commission to sell (1) up to 5,000
202,500 gallons of spirits produced by the person to
21non-licensees for on or off-premises consumption for the
22premises in which he or she actually conducts business
23permitting only the retail sale of spirits manufactured at such
24premises and (2) vermouth purchased through a licensed
25distributor for on-premises consumption. Such sales shall be
26limited to on-premises, in-person sales only, for lawful

HB2675 Enrolled- 58 -LRB101 07840 RPS 52894 b
1consumption on or off premises, and such authorization shall be
2considered a privilege granted by the class 1 craft distiller
3or class 2 craft distiller license. A class 1 craft distiller
4or class 2 craft distiller licensed for retail sale shall
5secure liquor liability insurance coverage in an amount at
6least equal to the maximum liability amounts set forth in
7subsection (a) of Section 6-21 of this Act.
8 A class 1 craft distiller or class 2 craft distiller
9license holder shall not deliver any alcoholic liquor to any
10non-licensee off the licensed premises. A class 1 craft
11distiller or class 2 craft distiller shall affirm in its annual
12craft distiller's license application that it does not produce
13more than 50,000 or 100,000 gallons of distilled spirits
14annually, whichever is applicable, and that the craft distiller
15does not sell more than 5,000 2,500 gallons of spirits to
16non-licensees for on or off-premises consumption. In the
17application, which shall be sworn under penalty of perjury, the
18class 1 craft distiller or class 2 craft distiller shall state
19the volume of production and sales for each year since the
20class 1 craft distiller's or class 2 craft distiller's
21establishment.
22 A person who holds a class 1 craft distiller or class 2
23craft distiller license and is authorized by this Section to
24sell spirits to non-licensees shall not sell spirits to
25non-licensees from more than 3 total distillery or commonly
26owned distilling pub licensed locations in this State. The

HB2675 Enrolled- 59 -LRB101 07840 RPS 52894 b
1class 1 craft distiller or class 2 craft distiller shall
2designate to the State Commission the distillery or distilling
3pub locations from which it will sell spirits to non-licensees.
4 (f) (Blank).
5 (g) Notwithstanding any of the foregoing prohibitions, a
6limited wine manufacturer may sell at retail at its
7manufacturing site for on or off premises consumption and may
8sell to distributors. A limited wine manufacturer licensee
9shall secure liquor liability insurance coverage in an amount
10at least equal to the maximum liability amounts set forth in
11subsection (a) of Section 6-21 of this Act.
12 (h) The changes made to this Section by Public Act 99-47
13shall not diminish or impair the rights of any person, whether
14a distiller, wine manufacturer, agent, or affiliate thereof,
15who requested in writing and submitted documentation to the
16State Commission on or before February 18, 2015 to be approved
17for a retail license pursuant to what has heretofore been
18subsection (f); provided that, on or before that date, the
19State Commission considered the intent of that person to apply
20for the retail license under that subsection and, by recorded
21vote, the State Commission approved a resolution indicating
22that such a license application could be lawfully approved upon
23that person duly filing a formal application for a retail
24license and if that person, within 90 days of the State
25Commission appearance and recorded vote, first filed an
26application with the appropriate local commission, which

HB2675 Enrolled- 60 -LRB101 07840 RPS 52894 b
1application was subsequently approved by the appropriate local
2commission prior to consideration by the State Commission of
3that person's application for a retail license. It is further
4provided that the State Commission may approve the person's
5application for a retail license or renewals of such license if
6such person continues to diligently adhere to all
7representations made in writing to the State Commission on or
8before February 18, 2015, or thereafter, or in the affidavit
9filed by that person with the State Commission to support the
10issuance of a retail license and to abide by all applicable
11laws and duly adopted rules.
12(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15;
1399-642, eff. 7-28-16; 99-902, eff. 8-26-16; 100-201, eff.
148-18-17; 100-816, eff. 8-13-18; 100-885, eff. 8-14-18; revised
1510-24-18.)
16 Section 99. Effective date. This Act takes effect upon
17becoming law.
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