Bill Text: IL HB3610 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Liquor Control Act of 1934. Provides that a brew pub license shall allow the licensee to manufacture up to 155,000 gallons of beer per year through a written agreement with a brewer, class 1 brewer, class 2 brewer, or brew pub and to make sales of the beer manufactured through a written agreement with a brewer, class 1 brewer, class 2 brewer, or brew pub. Provides that brew pubs wholly owned and operated by the same licensee may combine each location's production limit of 155,000 gallons of beer per year and allocate the aggregate total between the wholly owned, operated, and licensed locations. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2019-06-28 - Sent to the Governor [HB3610 Detail]

Download: Illinois-2019-HB3610-Enrolled.html



HB3610 EnrolledLRB101 08863 RPS 53953 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 5-1, 6-6, and 6-6.5 as follows:
6 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
7 Sec. 5-1. Licenses issued by the Illinois Liquor Control
8Commission shall be of the following classes:
9 (a) Manufacturer's license - Class 1. Distiller, Class 2.
10Rectifier, Class 3. Brewer, Class 4. First Class Wine
11Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
12First Class Winemaker, Class 7. Second Class Winemaker, Class
138. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
1410. Class 1 Brewer, Class 11. Class 2 Brewer,
15 (b) Distributor's license,
16 (c) Importing Distributor's license,
17 (d) Retailer's license,
18 (e) Special Event Retailer's license (not-for-profit),
19 (f) Railroad license,
20 (g) Boat license,
21 (h) Non-Beverage User's license,
22 (i) Wine-maker's premises license,
23 (j) Airplane license,

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

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

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1effective date of Public Act 95-634), is a holder of a
2second-class wine-maker's license and annually produces more
3than 25,000 gallons of its own wine and who distributes its
4wine to licensed retailers shall cease this practice on or
5before July 1, 2008 in compliance with Public Act 95-634.
6 Class 8. A limited wine-manufacturer may make sales and
7deliveries not to exceed 40,000 gallons of wine per year to
8distributors, and to non-licensees in accordance with the
9provisions of this Act.
10 Class 9. A craft distiller license shall allow the
11manufacture of up to 100,000 gallons of spirits by distillation
12per year and the storage of such spirits. If a craft distiller
13licensee, including a craft distiller licensee who holds more
14than one craft distiller license, is not affiliated with any
15other manufacturer of spirits, then the craft distiller
16licensee may sell such spirits to distributors in this State
17and up to 2,500 gallons of such spirits to non-licensees to the
18extent permitted by any exemption approved by the Commission
19pursuant to Section 6-4 of this Act. A craft distiller license
20holder may store such spirits at a non-contiguous licensed
21location, but at no time shall a craft distiller license holder
22directly or indirectly produce in the aggregate more than
23100,000 gallons of spirits per year.
24 A craft distiller licensee may hold more than one craft
25distiller's license. However, a craft distiller that holds more
26than one craft distiller license shall not manufacture, in the

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1aggregate, more than 100,000 gallons of spirits by distillation
2per year and shall not sell, in the aggregate, more than 2,500
3gallons of such spirits to non-licensees in accordance with an
4exemption approved by the State Commission pursuant to Section
56-4 of this Act.
6 Any craft distiller licensed under this Act who on July 28,
72010 (the effective date of Public Act 96-1367) was licensed as
8a distiller and manufactured no more spirits than permitted by
9this Section shall not be required to pay the initial licensing
10fee.
11 Class 10. A class 1 brewer license, which may only be
12issued to a licensed brewer or licensed non-resident dealer,
13shall allow the manufacture of up to 930,000 gallons of beer
14per year provided that the class 1 brewer licensee does not
15manufacture more than a combined 930,000 gallons of beer per
16year and is not a member of or affiliated with, directly or
17indirectly, a manufacturer that produces more than 930,000
18gallons of beer per year or any other alcoholic liquor. A class
191 brewer licensee may make sales and deliveries to importing
20distributors and distributors and to retail licensees in
21accordance with the conditions set forth in paragraph (18) of
22subsection (a) of Section 3-12 of this Act. If the State
23Commission provides prior approval, a class 1 brewer may
24annually transfer up to 930,000 gallons of beer manufactured by
25that class 1 brewer to the premises of a licensed class 1
26brewer wholly owned and operated by the same licensee.

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1 Class 11. A class 2 brewer license, which may only be
2issued to a licensed brewer or licensed non-resident dealer,
3shall allow the manufacture of up to 3,720,000 gallons of beer
4per year provided that the class 2 brewer licensee does not
5manufacture more than a combined 3,720,000 gallons of beer per
6year and is not a member of or affiliated with, directly or
7indirectly, a manufacturer that produces more than 3,720,000
8gallons of beer per year or any other alcoholic liquor. A class
92 brewer licensee may make sales and deliveries to importing
10distributors and distributors, but shall not make sales or
11deliveries to any other licensee. If the State Commission
12provides prior approval, a class 2 brewer licensee may annually
13transfer up to 3,720,000 gallons of beer manufactured by that
14class 2 brewer licensee to the premises of a licensed class 2
15brewer wholly owned and operated by the same licensee.
16 A class 2 brewer may transfer beer to a brew pub wholly
17owned and operated by the class 2 brewer subject to the
18following limitations and restrictions: (i) the transfer shall
19not annually exceed more than 31,000 gallons; (ii) the annual
20amount transferred shall reduce the brew pub's annual permitted
21production limit; (iii) all beer transferred shall be subject
22to Article VIII of this Act; (iv) a written record shall be
23maintained by the brewer and brew pub specifying the amount,
24date of delivery, and receipt of the product by the brew pub;
25and (v) the brew pub shall be located no farther than 80 miles
26from the class 2 brewer's licensed location.

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1 A class 2 brewer shall, prior to transferring beer to a
2brew pub wholly owned by the class 2 brewer, furnish a written
3notice to the State Commission of intent to transfer beer
4setting forth the name and address of the brew pub and shall
5annually submit to the State Commission a verified report
6identifying the total gallons of beer transferred to the brew
7pub wholly owned by the class 2 brewer.
8 (a-1) A manufacturer which is licensed in this State to
9make sales or deliveries of alcoholic liquor to licensed
10distributors or importing distributors and which enlists
11agents, representatives, or individuals acting on its behalf
12who contact licensed retailers on a regular and continual basis
13in this State must register those agents, representatives, or
14persons acting on its behalf with the State Commission.
15 Registration of agents, representatives, or persons acting
16on behalf of a manufacturer is fulfilled by submitting a form
17to the Commission. The form shall be developed by the
18Commission and shall include the name and address of the
19applicant, the name and address of the manufacturer he or she
20represents, the territory or areas assigned to sell to or
21discuss pricing terms of alcoholic liquor, and any other
22questions deemed appropriate and necessary. All statements in
23the forms required to be made by law or by rule shall be deemed
24material, and any person who knowingly misstates any material
25fact under oath in an application is guilty of a Class B
26misdemeanor. Fraud, misrepresentation, false statements,

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1misleading statements, evasions, or suppression of material
2facts in the securing of a registration are grounds for
3suspension or revocation of the registration. The State
4Commission shall post a list of registered agents on the
5Commission's website.
6 (b) A distributor's license shall allow the wholesale
7purchase and storage of alcoholic liquors and sale of alcoholic
8liquors to licensees in this State and to persons without the
9State, as may be permitted by law, and the sale of beer, cider,
10or both beer and cider to brewers, class 1 brewers, and class 2
11brewers that, pursuant to subsection (e) of Section 6-4 of this
12Act, sell beer, cider, or both beer and cider to non-licensees
13at their breweries. No person licensed as a distributor shall
14be granted a non-resident dealer's license.
15 (c) An importing distributor's license may be issued to and
16held by those only who are duly licensed distributors, upon the
17filing of an application by a duly licensed distributor, with
18the Commission and the Commission shall, without the payment of
19any fee, immediately issue such importing distributor's
20license to the applicant, which shall allow the importation of
21alcoholic liquor by the licensee into this State from any point
22in the United States outside this State, and the purchase of
23alcoholic liquor in barrels, casks or other bulk containers and
24the bottling of such alcoholic liquors before resale thereof,
25but all bottles or containers so filled shall be sealed,
26labeled, stamped and otherwise made to comply with all

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

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1under subsection (e).
2 (e) A special event retailer's license (not-for-profit)
3shall permit the licensee to purchase alcoholic liquors from an
4Illinois licensed distributor (unless the licensee purchases
5less than $500 of alcoholic liquors for the special event, in
6which case the licensee may purchase the alcoholic liquors from
7a licensed retailer) and shall allow the licensee to sell and
8offer for sale, at retail, alcoholic liquors for use or
9consumption, but not for resale in any form and only at the
10location and on the specific dates designated for the special
11event in the license. An applicant for a special event retailer
12license must (i) furnish with the application: (A) a resale
13number issued under Section 2c of the Retailers' Occupation Tax
14Act or evidence that the applicant is registered under Section
152a of the Retailers' Occupation Tax Act, (B) a current, valid
16exemption identification number issued under Section 1g of the
17Retailers' Occupation Tax Act, and a certification to the
18Commission that the purchase of alcoholic liquors will be a
19tax-exempt purchase, or (C) a statement that the applicant is
20not registered under Section 2a of the Retailers' Occupation
21Tax Act, does not hold a resale number under Section 2c of the
22Retailers' Occupation Tax Act, and does not hold an exemption
23number under Section 1g of the Retailers' Occupation Tax Act,
24in which event the Commission shall set forth on the special
25event retailer's license a statement to that effect; (ii)
26submit with the application proof satisfactory to the State

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1Commission that the applicant will provide dram shop liability
2insurance in the maximum limits; and (iii) show proof
3satisfactory to the State Commission that the applicant has
4obtained local authority approval.
5 Nothing in this Act prohibits an Illinois licensed
6distributor from offering credit or a refund for unused,
7salable alcoholic liquors to a holder of a special event
8retailer's license or from the special event retailer's
9licensee from accepting the credit or refund of alcoholic
10liquors at the conclusion of the event specified in the
11license.
12 (f) A railroad license shall permit the licensee to import
13alcoholic liquors into this State from any point in the United
14States outside this State and to store such alcoholic liquors
15in this State; to make wholesale purchases of alcoholic liquors
16directly from manufacturers, foreign importers, distributors
17and importing distributors from within or outside this State;
18and to store such alcoholic liquors in this State; provided
19that the above powers may be exercised only in connection with
20the importation, purchase or storage of alcoholic liquors to be
21sold or dispensed on a club, buffet, lounge or dining car
22operated on an electric, gas or steam railway in this State;
23and provided further, that railroad licensees exercising the
24above powers shall be subject to all provisions of Article VIII
25of this Act as applied to importing distributors. A railroad
26license shall also permit the licensee to sell or dispense

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

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

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1secure liquor liability insurance coverage in an amount at
2least equal to the maximum liability amounts set forth in
3subsection (a) of Section 6-21 of this Act.
4 (j) An airplane license shall permit the licensee to import
5alcoholic liquors into this State from any point in the United
6States outside this State and to store such alcoholic liquors
7in this State; to make wholesale purchases of alcoholic liquors
8directly from manufacturers, foreign importers, distributors
9and importing distributors from within or outside this State;
10and to store such alcoholic liquors in this State; provided
11that the above powers may be exercised only in connection with
12the importation, purchase or storage of alcoholic liquors to be
13sold or dispensed on an airplane; and provided further, that
14airplane licensees exercising the above powers shall be subject
15to all provisions of Article VIII of this Act as applied to
16importing distributors. An airplane licensee shall also permit
17the sale or dispensing of alcoholic liquors on any passenger
18airplane regularly operated by a common carrier in this State,
19but shall not permit the sale for resale of any alcoholic
20liquors to any licensee within this State. A single airplane
21license shall be required of an airline company if liquor
22service is provided on board aircraft in this State. The annual
23fee for such license shall be as determined in Section 5-3.
24 (k) A foreign importer's license shall permit such licensee
25to purchase alcoholic liquor from Illinois licensed
26non-resident dealers only, and to import alcoholic liquor other

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

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

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1 Any agent, representative, or person subject to
2registration pursuant to subsection (a-1) of this Section shall
3not be eligible to receive a broker's license.
4 (m) A non-resident dealer's license shall permit such
5licensee to ship into and warehouse alcoholic liquor into this
6State from any point outside of this State, and to sell such
7alcoholic liquor to Illinois licensed foreign importers and
8importing distributors and to no one else in this State;
9provided that (i) said non-resident dealer shall register with
10the Illinois Liquor Control Commission each and every brand of
11alcoholic liquor which it proposes to sell to Illinois
12licensees during the license period, (ii) it shall comply with
13all of the provisions of Section 6-9 hereof with respect to
14registration of such Illinois licensees as may be granted the
15right to sell such brands at wholesale by duly filing such
16registration statement, thereby authorizing the non-resident
17dealer to proceed to sell such brands at wholesale, and (iii)
18the non-resident dealer shall comply with the provisions of
19Sections 6-5 and 6-6 of this Act to the same extent that these
20provisions apply to manufacturers. No person licensed as a
21non-resident dealer shall be granted a distributor's or
22importing distributor's license.
23 (n) A brew pub license shall allow the licensee to only (i)
24manufacture up to 155,000 gallons of beer per year only on the
25premises specified in the license, (ii) make sales of the beer
26manufactured on the premises or, with the approval of the

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1Commission, beer manufactured on another brew pub licensed
2premises that is wholly owned and operated by the same licensee
3to importing distributors, distributors, and to non-licensees
4for use and consumption, (iii) store the beer upon the
5premises, (iv) sell and offer for sale at retail from the
6licensed premises for off-premises consumption no more than
7155,000 gallons per year so long as such sales are only made
8in-person, (v) sell and offer for sale at retail for use and
9consumption on the premises specified in the license any form
10of alcoholic liquor purchased from a licensed distributor or
11importing distributor, and (vi) with the prior approval of the
12Commission, annually transfer no more than 155,000 gallons of
13beer manufactured on the premises to a licensed brew pub wholly
14owned and operated by the same licensee, and (vii)
15notwithstanding item (i) of this subsection, brew pubs wholly
16owned and operated by the same licensee may combine each
17location's production limit of 155,000 gallons of beer per year
18and allocate the aggregate total between the wholly owned,
19operated, and licensed locations.
20 A brew pub licensee shall not under any circumstance sell
21or offer for sale beer manufactured by the brew pub licensee to
22retail licensees.
23 A person who holds a class 2 brewer license may
24simultaneously hold a brew pub license if the class 2 brewer
25(i) does not, under any circumstance, sell or offer for sale
26beer manufactured by the class 2 brewer to retail licensees;

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1(ii) does not hold more than 3 brew pub licenses in this State;
2(iii) does not manufacture more than a combined 3,720,000
3gallons of beer per year, including the beer manufactured at
4the brew pub; and (iv) is not a member of or affiliated with,
5directly or indirectly, a manufacturer that produces more than
63,720,000 gallons of beer per year or any other alcoholic
7liquor.
8 Notwithstanding any other provision of this Act, a licensed
9brewer, class 2 brewer, or non-resident dealer who before July
101, 2015 manufactured less than 3,720,000 gallons of beer per
11year and held a brew pub license on or before July 1, 2015 may
12(i) continue to qualify for and hold that brew pub license for
13the licensed premises and (ii) manufacture more than 3,720,000
14gallons of beer per year and continue to qualify for and hold
15that brew pub license if that brewer, class 2 brewer, or
16non-resident dealer does not simultaneously hold a class 1
17brewer license and is not a member of or affiliated with,
18directly or indirectly, a manufacturer that produces more than
193,720,000 gallons of beer per year or that produces any other
20alcoholic liquor.
21 (o) A caterer retailer license shall allow the holder to
22serve alcoholic liquors as an incidental part of a food service
23that serves prepared meals which excludes the serving of snacks
24as the primary meal, either on or off-site whether licensed or
25unlicensed.
26 (p) An auction liquor license shall allow the licensee to

HB3610 Enrolled- 20 -LRB101 08863 RPS 53953 b
1sell and offer for sale at auction wine and spirits for use or
2consumption, or for resale by an Illinois liquor licensee in
3accordance with provisions of this Act. An auction liquor
4license will be issued to a person and it will permit the
5auction liquor licensee to hold the auction anywhere in the
6State. An auction liquor license must be obtained for each
7auction at least 14 days in advance of the auction date.
8 (q) A special use permit license shall allow an Illinois
9licensed retailer to transfer a portion of its alcoholic liquor
10inventory from its retail licensed premises to the premises
11specified in the license hereby created, and to sell or offer
12for sale at retail, only in the premises specified in the
13license hereby created, the transferred alcoholic liquor for
14use or consumption, but not for resale in any form. A special
15use permit license may be granted for the following time
16periods: one day or less; 2 or more days to a maximum of 15 days
17per location in any 12-month period. An applicant for the
18special use permit license must also submit with the
19application proof satisfactory to the State Commission that the
20applicant will provide dram shop liability insurance to the
21maximum limits and have local authority approval.
22 (r) A winery shipper's license shall allow a person with a
23first-class or second-class wine manufacturer's license, a
24first-class or second-class wine-maker's license, or a limited
25wine manufacturer's license or who is licensed to make wine
26under the laws of another state to ship wine made by that

HB3610 Enrolled- 21 -LRB101 08863 RPS 53953 b
1licensee directly to a resident of this State who is 21 years
2of age or older for that resident's personal use and not for
3resale. Prior to receiving a winery shipper's license, an
4applicant for the license must provide the Commission with a
5true copy of its current license in any state in which it is
6licensed as a manufacturer of wine. An applicant for a winery
7shipper's license must also complete an application form that
8provides any other information the Commission deems necessary.
9The application form shall include all addresses from which the
10applicant for a winery shipper's license intends to ship wine,
11including the name and address of any third party, except for a
12common carrier, authorized to ship wine on behalf of the
13manufacturer. The application form shall include an
14acknowledgement consenting to the jurisdiction of the
15Commission, the Illinois Department of Revenue, and the courts
16of this State concerning the enforcement of this Act and any
17related laws, rules, and regulations, including authorizing
18the Department of Revenue and the Commission to conduct audits
19for the purpose of ensuring compliance with Public Act 95-634,
20and an acknowledgement that the wine manufacturer is in
21compliance with Section 6-2 of this Act. Any third party,
22except for a common carrier, authorized to ship wine on behalf
23of a first-class or second-class wine manufacturer's licensee,
24a first-class or second-class wine-maker's licensee, a limited
25wine manufacturer's licensee, or a person who is licensed to
26make wine under the laws of another state shall also be

HB3610 Enrolled- 22 -LRB101 08863 RPS 53953 b
1disclosed by the winery shipper's licensee, and a copy of the
2written appointment of the third-party wine provider, except
3for a common carrier, to the wine manufacturer shall be filed
4with the State Commission as a supplement to the winery
5shipper's license application or any renewal thereof. The
6winery shipper's license holder shall affirm under penalty of
7perjury, as part of the winery shipper's license application or
8renewal, that he or she only ships wine, either directly or
9indirectly through a third-party provider, from the licensee's
10own production.
11 Except for a common carrier, a third-party provider
12shipping wine on behalf of a winery shipper's license holder is
13the agent of the winery shipper's license holder and, as such,
14a winery shipper's license holder is responsible for the acts
15and omissions of the third-party provider acting on behalf of
16the license holder. A third-party provider, except for a common
17carrier, that engages in shipping wine into Illinois on behalf
18of a winery shipper's license holder shall consent to the
19jurisdiction of the State Commission and the State. Any
20third-party, except for a common carrier, holding such an
21appointment shall, by February 1 of each calendar year and upon
22request by the State Commission or the Department of Revenue,
23file with the State Commission a statement detailing each
24shipment made to an Illinois resident. The statement shall
25include the name and address of the third-party provider filing
26the statement, the time period covered by the statement, and

HB3610 Enrolled- 23 -LRB101 08863 RPS 53953 b
1the following information:
2 (1) the name, address, and license number of the winery
3 shipper on whose behalf the shipment was made;
4 (2) the quantity of the products delivered; and
5 (3) the date and address of the shipment.
6If the Department of Revenue or the State Commission requests a
7statement under this paragraph, the third-party provider must
8provide that statement no later than 30 days after the request
9is made. Any books, records, supporting papers, and documents
10containing information and data relating to a statement under
11this paragraph shall be kept and preserved for a period of 3
12years, unless their destruction sooner is authorized, in
13writing, by the Director of Revenue, and shall be open and
14available to inspection by the Director of Revenue or the State
15Commission or any duly authorized officer, agent, or employee
16of the State Commission or the Department of Revenue, at all
17times during business hours of the day. Any person who violates
18any provision of this paragraph or any rule of the State
19Commission for the administration and enforcement of the
20provisions of this paragraph is guilty of a Class C
21misdemeanor. In case of a continuing violation, each day's
22continuance thereof shall be a separate and distinct offense.
23 The State Commission shall adopt rules as soon as
24practicable to implement the requirements of Public Act 99-904
25and shall adopt rules prohibiting any such third-party
26appointment of a third-party provider, except for a common

HB3610 Enrolled- 24 -LRB101 08863 RPS 53953 b
1carrier, that has been deemed by the State Commission to have
2violated the provisions of this Act with regard to any winery
3shipper licensee.
4 A winery shipper licensee must pay to the Department of
5Revenue the State liquor gallonage tax under Section 8-1 for
6all wine that is sold by the licensee and shipped to a person
7in this State. For the purposes of Section 8-1, a winery
8shipper licensee shall be taxed in the same manner as a
9manufacturer of wine. A licensee who is not otherwise required
10to register under the Retailers' Occupation Tax Act must
11register under the Use Tax Act to collect and remit use tax to
12the Department of Revenue for all gallons of wine that are sold
13by the licensee and shipped to persons in this State. If a
14licensee fails to remit the tax imposed under this Act in
15accordance with the provisions of Article VIII of this Act, the
16winery shipper's license shall be revoked in accordance with
17the provisions of Article VII of this Act. If a licensee fails
18to properly register and remit tax under the Use Tax Act or the
19Retailers' Occupation Tax Act for all wine that is sold by the
20winery shipper and shipped to persons in this State, the winery
21shipper's license shall be revoked in accordance with the
22provisions of Article VII of this Act.
23 A winery shipper licensee must collect, maintain, and
24submit to the Commission on a semi-annual basis the total
25number of cases per resident of wine shipped to residents of
26this State. A winery shipper licensed under this subsection (r)

HB3610 Enrolled- 25 -LRB101 08863 RPS 53953 b
1must comply with the requirements of Section 6-29 of this Act.
2 Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
3Section 3-12, the State Commission may receive, respond to, and
4investigate any complaint and impose any of the remedies
5specified in paragraph (1) of subsection (a) of Section 3-12.
6 As used in this subsection, "third-party provider" means
7any entity that provides fulfillment house services, including
8warehousing, packaging, distribution, order processing, or
9shipment of wine, but not the sale of wine, on behalf of a
10licensed winery shipper.
11 (s) A craft distiller tasting permit license shall allow an
12Illinois licensed craft distiller to transfer a portion of its
13alcoholic liquor inventory from its craft distiller licensed
14premises to the premises specified in the license hereby
15created and to conduct a sampling, only in the premises
16specified in the license hereby created, of the transferred
17alcoholic liquor in accordance with subsection (c) of Section
186-31 of this Act. The transferred alcoholic liquor may not be
19sold or resold in any form. An applicant for the craft
20distiller tasting permit license must also submit with the
21application proof satisfactory to the State Commission that the
22applicant will provide dram shop liability insurance to the
23maximum limits and have local authority approval.
24 A brewer warehouse permit may be issued to the holder of a
25class 1 brewer license or a class 2 brewer license. If the
26holder of the permit is a class 1 brewer licensee, the brewer

HB3610 Enrolled- 26 -LRB101 08863 RPS 53953 b
1warehouse permit shall allow the holder to store or warehouse
2up to 930,000 gallons of tax-determined beer manufactured by
3the holder of the permit at the premises specified on the
4permit. If the holder of the permit is a class 2 brewer
5licensee, the brewer warehouse permit shall allow the holder to
6store or warehouse up to 3,720,000 gallons of tax-determined
7beer manufactured by the holder of the permit at the premises
8specified on the permit. Sales to non-licensees are prohibited
9at the premises specified in the brewer warehouse permit.
10(Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16;
1199-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff.
121-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17; 100-816,
13eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff. 8-23-18;
14revised 10-2-18.)
15 (235 ILCS 5/6-6) (from Ch. 43, par. 123)
16 Sec. 6-6. Except as otherwise provided in this Act no
17manufacturer or distributor or importing distributor shall,
18directly or indirectly, sell, supply, furnish, give or pay for,
19or loan or lease, any furnishing, fixture or equipment on the
20premises of a place of business of another licensee authorized
21under this Act to sell alcoholic liquor at retail, either for
22consumption on or off the premises, nor shall he or she,
23directly or indirectly, pay for any such license, or advance,
24furnish, lend or give money for payment of such license, or
25purchase or become the owner of any note, mortgage, or other

HB3610 Enrolled- 27 -LRB101 08863 RPS 53953 b
1evidence of indebtedness of such licensee or any form of
2security therefor, nor shall such manufacturer, or
3distributor, or importing distributor, directly or indirectly,
4be interested in the ownership, conduct or operation of the
5business of any licensee authorized to sell alcoholic liquor at
6retail, nor shall any manufacturer, or distributor, or
7importing distributor be interested directly or indirectly or
8as owner or part owner of said premises or as lessee or lessor
9thereof, in any premises upon which alcoholic liquor is sold at
10retail.
11 No manufacturer or distributor or importing distributor
12shall, directly or indirectly or through a subsidiary or
13affiliate, or by any officer, director or firm of such
14manufacturer, distributor or importing distributor, furnish,
15give, lend or rent, install, repair or maintain, to or for any
16retail licensee in this State, any signs or inside advertising
17materials except as provided in this Section and Section 6-5.
18With respect to retail licensees, other than any government
19owned or operated auditorium, exhibition hall, recreation
20facility or other similar facility holding a retailer's license
21as described in Section 6-5, a manufacturer, distributor, or
22importing distributor may furnish, give, lend or rent and
23erect, install, repair and maintain to or for any retail
24licensee, for use at any one time in or about or in connection
25with a retail establishment on which the products of the
26manufacturer, distributor or importing distributor are sold,

HB3610 Enrolled- 28 -LRB101 08863 RPS 53953 b
1the following signs and inside advertising materials as
2authorized in subparts (i), (ii), (iii), and (iv):
3 (i) Permanent outside signs shall cost not more than
4 $3,000 per manufacturer, exclusive of erection,
5 installation, repair and maintenance costs, and permit
6 fees and shall bear only the manufacturer's name, brand
7 name, trade name, slogans, markings, trademark, or other
8 symbols commonly associated with and generally used in
9 identifying the product including, but not limited to,
10 "cold beer", "on tap", "carry out", and "packaged liquor".
11 (ii) Temporary outside signs shall include, but not be
12 limited to, banners, flags, pennants, streamers, and other
13 items of a temporary and non-permanent nature, and shall
14 cost not more than $1,000 per manufacturer. Each temporary
15 outside sign must include the manufacturer's name, brand
16 name, trade name, slogans, markings, trademark, or other
17 symbol commonly associated with and generally used in
18 identifying the product. Temporary outside signs may also
19 include, for example, the product, price, packaging, date
20 or dates of a promotion and an announcement of a retail
21 licensee's specific sponsored event, if the temporary
22 outside sign is intended to promote a product, and provided
23 that the announcement of the retail licensee's event and
24 the product promotion are held simultaneously. However,
25 temporary outside signs may not include names, slogans,
26 markings, or logos that relate to the retailer. Nothing in

HB3610 Enrolled- 29 -LRB101 08863 RPS 53953 b
1 this subpart (ii) shall prohibit a distributor or importing
2 distributor from bearing the cost of creating or printing a
3 temporary outside sign for the retail licensee's specific
4 sponsored event or from bearing the cost of creating or
5 printing a temporary sign for a retail licensee containing,
6 for example, community goodwill expressions, regional
7 sporting event announcements, or seasonal messages,
8 provided that the primary purpose of the temporary outside
9 sign is to highlight, promote, or advertise the product. In
10 addition, temporary outside signs provided by the
11 manufacturer to the distributor or importing distributor
12 may also include, for example, subject to the limitations
13 of this Section, preprinted community goodwill
14 expressions, sporting event announcements, seasonal
15 messages, and manufacturer promotional announcements.
16 However, a distributor or importing distributor shall not
17 bear the cost of such manufacturer preprinted signs.
18 (iii) Permanent inside signs, whether visible from the
19 outside or the inside of the premises, include, but are not
20 limited to: alcohol lists and menus that may include names,
21 slogans, markings, or logos that relate to the retailer;
22 neons; illuminated signs; clocks; table lamps; mirrors;
23 tap handles; decalcomanias; window painting; and window
24 trim. All neons, illuminated signs, clocks, table lamps,
25 mirrors, and tap handles are the property of the
26 manufacturer and shall be returned to the manufacturer or

HB3610 Enrolled- 30 -LRB101 08863 RPS 53953 b
1 its agent upon request. All permanent inside signs in place
2 and in use at any one time shall cost in the aggregate not
3 more than $6,000 per manufacturer. A permanent inside sign
4 must include the manufacturer's name, brand name, trade
5 name, slogans, markings, trademark, or other symbol
6 commonly associated with and generally used in identifying
7 the product. However, permanent inside signs may not
8 include names, slogans, markings, or logos that relate to
9 the retailer. For the purpose of this subpart (iii), all
10 permanent inside signs may be displayed in an adjacent
11 courtyard or patio commonly referred to as a "beer garden"
12 that is a part of the retailer's licensed premises.
13 (iv) Temporary inside signs shall include, but are not
14 limited to, lighted chalk boards, acrylic table tent
15 beverage or hors d'oeuvre list holders, banners, flags,
16 pennants, streamers, and inside advertising materials such
17 as posters, placards, bowling sheets, table tents, inserts
18 for acrylic table tent beverage or hors d'oeuvre list
19 holders, sports schedules, or similar printed or
20 illustrated materials and product displays, such as
21 display racks, bins, barrels, or similar items, the primary
22 function of which is to temporarily hold and display
23 alcoholic beverages; however, such items, for example, as
24 coasters, trays, napkins, glassware, growlers, crowlers,
25 and cups shall not be deemed to be inside signs or
26 advertising materials and may only be sold to retailers at

HB3610 Enrolled- 31 -LRB101 08863 RPS 53953 b
1 fair market value, which shall be no less than the cost of
2 the item to the manufacturer, distributor, or importing
3 distributor. All temporary inside signs and inside
4 advertising materials in place and in use at any one time
5 shall cost in the aggregate not more than $1,000 per
6 manufacturer. Nothing in this subpart (iv) prohibits a
7 distributor or importing distributor from paying the cost
8 of printing or creating any temporary inside banner or
9 inserts for acrylic table tent beverage or hors d'oeuvre
10 list holders for a retail licensee, provided that the
11 primary purpose for the banner or insert is to highlight,
12 promote, or advertise the product. For the purpose of this
13 subpart (iv), all temporary inside signs and inside
14 advertising materials may be displayed in an adjacent
15 courtyard or patio commonly referred to as a "beer garden"
16 that is a part of the retailer's licensed premises.
17 The restrictions contained in this Section 6-6 do not apply
18to signs, or promotional or advertising materials furnished by
19manufacturers, distributors or importing distributors to a
20government owned or operated facility holding a retailer's
21license as described in Section 6-5.
22 No distributor or importing distributor shall directly or
23indirectly or through a subsidiary or affiliate, or by any
24officer, director or firm of such manufacturer, distributor or
25importing distributor, furnish, give, lend or rent, install,
26repair or maintain, to or for any retail licensee in this

HB3610 Enrolled- 32 -LRB101 08863 RPS 53953 b
1State, any signs or inside advertising materials described in
2subparts (i), (ii), (iii), or (iv) of this Section except as
3the agent for or on behalf of a manufacturer, provided that the
4total cost of any signs and inside advertising materials
5including but not limited to labor, erection, installation and
6permit fees shall be paid by the manufacturer whose product or
7products said signs and inside advertising materials advertise
8and except as follows:
9 A distributor or importing distributor may purchase from or
10enter into a written agreement with a manufacturer or a
11manufacturer's designated supplier and such manufacturer or
12the manufacturer's designated supplier may sell or enter into
13an agreement to sell to a distributor or importing distributor
14permitted signs and advertising materials described in
15subparts (ii), (iii), or (iv) of this Section for the purpose
16of furnishing, giving, lending, renting, installing,
17repairing, or maintaining such signs or advertising materials
18to or for any retail licensee in this State. Any purchase by a
19distributor or importing distributor from a manufacturer or a
20manufacturer's designated supplier shall be voluntary and the
21manufacturer may not require the distributor or the importing
22distributor to purchase signs or advertising materials from the
23manufacturer or the manufacturer's designated supplier.
24 A distributor or importing distributor shall be deemed the
25owner of such signs or advertising materials purchased from a
26manufacturer or a manufacturer's designated supplier.

HB3610 Enrolled- 33 -LRB101 08863 RPS 53953 b
1 The provisions of Public Act 90-373 concerning signs or
2advertising materials delivered by a manufacturer to a
3distributor or importing distributor shall apply only to signs
4or advertising materials delivered on or after August 14, 1997.
5 A manufacturer, distributor, or importing distributor may
6furnish free social media advertising to a retail licensee if
7the social media advertisement does not contain the retail
8price of any alcoholic liquor and the social media
9advertisement complies with any applicable rules or
10regulations issued by the Alcohol and Tobacco Tax and Trade
11Bureau of the United States Department of the Treasury. A
12manufacturer, distributor, or importing distributor may list
13the names of one or more unaffiliated retailers in the
14advertisement of alcoholic liquor through social media.
15Nothing in this Section shall prohibit a retailer from
16communicating with a manufacturer, distributor, or importing
17distributor on social media or sharing media on the social
18media of a manufacturer, distributor, or importing
19distributor. A retailer may request free social media
20advertising from a manufacturer, distributor, or importing
21distributor. Nothing in this Section shall prohibit a
22manufacturer, distributor, or importing distributor from
23sharing, reposting, or otherwise forwarding a social media post
24by a retail licensee, so long as the sharing, reposting, or
25forwarding of the social media post does not contain the retail
26price of any alcoholic liquor. No manufacturer, distributor, or

HB3610 Enrolled- 34 -LRB101 08863 RPS 53953 b
1importing distributor shall pay or reimburse a retailer,
2directly or indirectly, for any social media advertising
3services, except as specifically permitted in this Act. No
4retailer shall accept any payment or reimbursement, directly or
5indirectly, for any social media advertising services offered
6by a manufacturer, distributor, or importing distributor,
7except as specifically permitted in this Act. For the purposes
8of this Section, "social media" means a service, platform, or
9site where users communicate with one another and share media,
10such as pictures, videos, music, and blogs, with other users
11free of charge.
12 No person engaged in the business of manufacturing,
13importing or distributing alcoholic liquors shall, directly or
14indirectly, pay for, or advance, furnish, or lend money for the
15payment of any license for another. Any licensee who shall
16permit or assent, or be a party in any way to any violation or
17infringement of the provisions of this Section shall be deemed
18guilty of a violation of this Act, and any money loaned
19contrary to a provision of this Act shall not be recovered
20back, or any note, mortgage or other evidence of indebtedness,
21or security, or any lease or contract obtained or made contrary
22to this Act shall be unenforceable and void.
23 This Section shall not apply to airplane licensees
24exercising powers provided in paragraph (i) of Section 5-1 of
25this Act.
26(Source: P.A. 99-448, eff. 8-24-15; 100-885, eff. 8-14-18.)

HB3610 Enrolled- 35 -LRB101 08863 RPS 53953 b
1 (235 ILCS 5/6-6.5)
2 Sec. 6-6.5. Sanitation and use of growlers and crowlers.
3 (a) A manufacturer, distributor, or importing distributor
4may not provide for free, but may sell coil cleaning services
5and installation services, including labor costs, to a retail
6licensee at fair market cost.
7 A manufacturer, distributor, or importing distributor may
8not provide for free, but may sell dispensing accessories to
9retail licensees at a price not less than the cost to the
10manufacturer, distributor, or importing distributor who
11initially purchased them. Dispensing accessories include, but
12are not limited to, items such as standards, faucets, cold
13plates, rods, vents, taps, tap standards, hoses, washers,
14couplings, gas gauges, vent tongues, shanks, glycol draught
15systems, pumps, and check valves.
16 Coil cleaning supplies consisting of detergents, cleaning
17chemicals, brushes, or similar type cleaning devices may be
18sold at a price not less than the cost to the manufacturer,
19distributor, or importing distributor.
20 (a-5) A manufacturer of beer licensed under subsection (e)
21of Section 6-4 or a brew pub may transfer any beer manufactured
22or sold on its licensed premises to a growler or crowler and
23sell those growlers or crowlers to non-licensees for
24consumption off the premises. A manufacturer of beer under
25subsection (e) of Section 6-4 or a brew pub is not subject to

HB3610 Enrolled- 36 -LRB101 08863 RPS 53953 b
1subsection (b) of this Section.
2 (b) An on-premises retail licensee may transfer beer to a
3growler or crowler, which is not an original manufacturer
4container, but is a reusable rigid container that holds up to
5128 fluid ounces of beer and is designed to be sealed on
6premises by the licensee for off-premises consumption, if the
7following requirements are met:
8 (1) the beer is transferred within the licensed
9 premises by an employee of the licensed premises at the
10 time of sale;
11 (2) the person transferring the alcohol to be sold to
12 the end consumer is 21 years of age or older;
13 (3) the growler or crowler holds no more than 128 fluid
14 ounces;
15 (4) the growler or crowler bears a twist-type closure,
16 cork, stopper, or plug and includes a one-time use
17 tamper-proof seal;
18 (5) the growler or crowler is affixed with a label or
19 tag that contains the following information:
20 (A) the brand name of the product dispensed;
21 (B) the name of the brewer or bottler;
22 (C) the type of product, such as beer, ale, lager,
23 bock, stout, or other brewed or fermented beverage;
24 (D) the net contents;
25 (E) the name and address of the business that
26 cleaned, sanitized, labeled, and filled or refilled

HB3610 Enrolled- 37 -LRB101 08863 RPS 53953 b
1 the growler or crowler; and
2 (F) the date the growler or crowler was filled or
3 refilled;
4 (5.5) the growler or crowler has been purged with CO2
5 prior to sealing the container;
6 (6) the on-premises retail licensee complies with the
7 sanitation requirements under subsections (a) through (c)
8 of 11 Ill. Adm. Code 100.160 when sanitizing the dispensing
9 equipment used to draw beer to fill the growler or crowler
10 or refill the growler;
11 (7) before filling the growler or crowler or refilling
12 the growler, the on-premises retail licensee or licensee's
13 employee shall clean and sanitize the growler or crowler in
14 one of the following manners:
15 (A) By manual washing in a 3-compartment sink.
16 (i) Before sanitizing the growler or crowler,
17 the sinks and work area shall be cleaned to remove
18 any chemicals, oils, or grease from other cleaning
19 activities.
20 (ii) Any residual liquid from the growler
21 shall be emptied into a drain. A growler shall not
22 be emptied into the cleaning water.
23 (iii) The growler and cap shall be cleaned in
24 water and detergent. The water temperature shall
25 be, at a minimum, 110 degrees Fahrenheit or the
26 temperature specified on the cleaning agent

HB3610 Enrolled- 38 -LRB101 08863 RPS 53953 b
1 manufacturer's label instructions. The detergent
2 shall not be fat-based or oil-based.
3 (iv) Any residues on the interior and exterior
4 of the growler shall be removed.
5 (v) The growler and cap shall be rinsed with
6 water in the middle compartment. Rinsing may be
7 from the spigot with a spray arm, from a spigot, or
8 from a tub as long as the water for rinsing is not
9 stagnant but is continually refreshed.
10 (vi) The growler shall be sanitized in the
11 third compartment. Chemical sanitizer shall be
12 used in accordance with the United States
13 Environmental Protection Agency-registered label
14 use instructions and shall meet the minimum water
15 temperature requirements of that chemical.
16 (vii) A test kit or other device that
17 accurately measures the concentration in
18 milligrams per liter of chemical sanitizing
19 solutions shall be provided and be readily
20 accessible for use.
21 (B) By using a mechanical washing and sanitizing
22 machine.
23 (i) Mechanical washing and sanitizing machines
24 shall be provided with an easily accessible and
25 readable data plate affixed to the machine by the
26 manufacturer and shall be used according to the

HB3610 Enrolled- 39 -LRB101 08863 RPS 53953 b
1 machine's design and operation specifications.
2 (ii) Mechanical washing and sanitizing
3 machines shall be equipped with chemical or hot
4 water sanitization.
5 (iii) The concentration of the sanitizing
6 solution or the water temperature shall be
7 accurately determined by using a test kit or other
8 device.
9 (iv) The machine shall be regularly serviced
10 based upon the manufacturer's or installer's
11 guidelines.
12 (C) By transferring beer to a growler or crowler
13 with a tube.
14 (i) Beer may be transferred to a growler or
15 crowler from the bottom of the growler or crowler
16 to the top with a tube that is attached to the tap
17 and extends to the bottom of the growler or crowler
18 or with a commercial filling machine.
19 (ii) Food grade sanitizer shall be used in
20 accordance with the United States Environmental
21 Protection Agency-registered label use
22 instructions.
23 (iii) A container of liquid food grade
24 sanitizer shall be maintained for no more than 10
25 malt beverage taps that will be used for filling
26 growlers or crowlers and refilling growlers.

HB3610 Enrolled- 40 -LRB101 08863 RPS 53953 b
1 (iv) Each container shall contain no less than
2 5 tubes that will be used only for filling growlers
3 or crowlers and refilling growlers.
4 (v) The growler or crowler must be inspected
5 visually for contamination.
6 (vi) After each transfer of beer to a growler
7 or crowler, the tube shall be immersed in the
8 container with the liquid food grade sanitizer.
9 (vii) A different tube from the container must
10 be used for each fill of a growler or crowler or
11 refill of a growler.
12 (c) Growlers and crowlers that comply with items (4) and
13(5) of subsection (b) shall not be deemed an unsealed container
14for purposes of Section 11-502 of the Illinois Vehicle Code.
15 (d) Growlers and crowlers, as described and authorized
16under this Section, are not original packages for the purposes
17of this Act. Upon a consumer taking possession of a growler or
18crowler from an on-premises retail licensee, the growler or
19crowler and its contents are deemed to be in the sole custody,
20control, and care of the consumer.
21(Source: P.A. 90-432, eff. 1-1-98.)
22 Section 10. The Illinois Vehicle Code is amended by
23changing Section 11-502 as follows:
24 (625 ILCS 5/11-502) (from Ch. 95 1/2, par. 11-502)

HB3610 Enrolled- 41 -LRB101 08863 RPS 53953 b
1 Sec. 11-502. Transportation or possession of alcoholic
2liquor in a motor vehicle.
3 (a) Except as provided in paragraph (c) and in Sections
46-6.5 and 6-33 of the Liquor Control Act of 1934, no driver may
5transport, carry, possess or have any alcoholic liquor within
6the passenger area of any motor vehicle upon a highway in this
7State except in the original container and with the seal
8unbroken.
9 (b) Except as provided in paragraph (c) and in Sections
106-6.5 and 6-33 of the Liquor Control Act of 1934, no passenger
11may carry, possess or have any alcoholic liquor within any
12passenger area of any motor vehicle upon a highway in this
13State except in the original container and with the seal
14unbroken.
15 (c) This Section shall not apply to the passengers in a
16limousine when it is being used for purposes for which a
17limousine is ordinarily used, the passengers on a chartered bus
18when it is being used for purposes for which chartered buses
19are ordinarily used or on a motor home or mini motor home as
20defined in Section 1-145.01 of this Code. However, the driver
21of any such vehicle is prohibited from consuming or having any
22alcoholic liquor in or about the driver's area. Any evidence of
23alcoholic consumption by the driver shall be prima facie
24evidence of such driver's failure to obey this Section. For the
25purposes of this Section, a limousine is a motor vehicle of the
26first division with the passenger compartment enclosed by a

HB3610 Enrolled- 42 -LRB101 08863 RPS 53953 b
1partition or dividing window used in the for-hire
2transportation of passengers and operated by an individual in
3possession of a valid Illinois driver's license of the
4appropriate classification pursuant to Section 6-104 of this
5Code.
6 (d) (Blank).
7 (e) Any driver who is convicted of violating subsection (a)
8of this Section for a second or subsequent time within one year
9of a similar conviction shall be subject to suspension of
10driving privileges as provided, in paragraph 23 of subsection
11(a) of Section 6-206 of this Code.
12 (f) Any driver, who is less than 21 years of age at the
13date of the offense and who is convicted of violating
14subsection (a) of this Section or a similar provision of a
15local ordinance, shall be subject to the loss of driving
16privileges as provided in paragraph 13 of subsection (a) of
17Section 6-205 of this Code and paragraph 33 of subsection (a)
18of Section 6-206 of this Code.
19(Source: P.A. 94-1047, eff. 1-1-07; 95-847, eff. 8-15-08.)
20 Section 99. Effective date. This Act takes effect upon
21becoming law.
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