Bill Text: IL SB0054 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Liquor Control Act of 1934. Creates a third-party facilitator license. Establishes licensing fees, recordkeeping requirements, reporting requirements, and other requirements for a third-party facilitator licensee. Provides that a retailer may deliver alcoholic liquors to the home or other designated location of a consumer in this State if specified conditions are met, including verifying that the individual accepting the delivery is at least 21 years of age. Provides that a retailer may use the services of a third-party facilitator by means of the Internet or mobile application to facilitate the sale of alcoholic liquors to be delivered to the home or other designated location of a consumer in this State if specified conditions are met, including verifying that the individual accepting the delivery is at least 21 years of age. Provides that the Illinois Liquor Control Commission may not treat a violation of those conditions as a violation by the retailer. Preempts home rule powers. Makes conforming changes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-06-28 - House Committee Amendment No. 3 Rule 19(c) / Re-referred to Rules Committee [SB0054 Detail]

Download: Illinois-2019-SB0054-Engrossed.html



SB0054 EngrossedLRB101 04781 RPS 49790 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 3-12, 5-1, and 5-3 and by adding Sections
66-18.5 and 6-29.5 as follows:
7 (235 ILCS 5/3-12)
8 Sec. 3-12. Powers and duties of State Commission.
9 (a) The State Commission shall have the following powers,
10functions, and duties:
11 (1) To receive applications and to issue licenses to
12 manufacturers, foreign importers, importing distributors,
13 distributors, non-resident dealers, on premise consumption
14 retailers, off premise sale retailers, special event
15 retailer licensees, third-party facilitators, special use
16 permit licenses, auction liquor licenses, brew pubs,
17 caterer retailers, non-beverage users, railroads,
18 including owners and lessees of sleeping, dining and cafe
19 cars, airplanes, boats, brokers, and wine maker's premises
20 licensees in accordance with the provisions of this Act,
21 and to suspend or revoke such licenses upon the State
22 Commission's determination, upon notice after hearing,
23 that a licensee has violated any provision of this Act or

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1 any rule or regulation issued pursuant thereto and in
2 effect for 30 days prior to such violation. Except in the
3 case of an action taken pursuant to a violation of Section
4 6-3, 6-5, or 6-9, any action by the State Commission to
5 suspend or revoke a licensee's license may be limited to
6 the license for the specific premises where the violation
7 occurred. An action for a violation of this Act shall be
8 commenced by the State Commission within 2 years after the
9 date the State Commission becomes aware of the violation.
10 In lieu of suspending or revoking a license, the
11 commission may impose a fine, upon the State Commission's
12 determination and notice after hearing, that a licensee has
13 violated any provision of this Act or any rule or
14 regulation issued pursuant thereto and in effect for 30
15 days prior to such violation.
16 For the purpose of this paragraph (1), when determining
17 multiple violations for the sale of alcohol to a person
18 under the age of 21, a second or subsequent violation for
19 the sale of alcohol to a person under the age of 21 shall
20 only be considered if it was committed within 5 years after
21 the date when a prior violation for the sale of alcohol to
22 a person under the age of 21 was committed.
23 The fine imposed under this paragraph may not exceed
24 $500 for each violation. Each day that the activity, which
25 gave rise to the original fine, continues is a separate
26 violation. The maximum fine that may be levied against any

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1 licensee, for the period of the license, shall not exceed
2 $20,000. The maximum penalty that may be imposed on a
3 licensee for selling a bottle of alcoholic liquor with a
4 foreign object in it or serving from a bottle of alcoholic
5 liquor with a foreign object in it shall be the destruction
6 of that bottle of alcoholic liquor for the first 10 bottles
7 so sold or served from by the licensee. For the eleventh
8 bottle of alcoholic liquor and for each third bottle
9 thereafter sold or served from by the licensee with a
10 foreign object in it, the maximum penalty that may be
11 imposed on the licensee is the destruction of the bottle of
12 alcoholic liquor and a fine of up to $50.
13 Any notice issued by the State Commission to a licensee
14 for a violation of this Act or any notice with respect to
15 settlement or offer in compromise shall include the field
16 report, photographs, and any other supporting
17 documentation necessary to reasonably inform the licensee
18 of the nature and extent of the violation or the conduct
19 alleged to have occurred. The failure to include such
20 required documentation shall result in the dismissal of the
21 action.
22 (2) To adopt such rules and regulations consistent with
23 the provisions of this Act which shall be necessary to
24 carry on its functions and duties to the end that the
25 health, safety and welfare of the People of the State of
26 Illinois shall be protected and temperance in the

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1 consumption of alcoholic liquors shall be fostered and
2 promoted and to distribute copies of such rules and
3 regulations to all licensees affected thereby.
4 (3) To call upon other administrative departments of
5 the State, county and municipal governments, county and
6 city police departments and upon prosecuting officers for
7 such information and assistance as it deems necessary in
8 the performance of its duties.
9 (4) To recommend to local commissioners rules and
10 regulations, not inconsistent with the law, for the
11 distribution and sale of alcoholic liquors throughout the
12 State.
13 (5) To inspect, or cause to be inspected, any premises
14 in this State where alcoholic liquors are manufactured,
15 distributed, warehoused, or sold. Nothing in this Act
16 authorizes an agent of the Commission to inspect private
17 areas within the premises without reasonable suspicion or a
18 warrant during an inspection. "Private areas" include, but
19 are not limited to, safes, personal property, and closed
20 desks.
21 (5.1) Upon receipt of a complaint or upon having
22 knowledge that any person is engaged in business as a
23 manufacturer, importing distributor, distributor, or
24 retailer without a license or valid license, to notify the
25 local liquor authority, file a complaint with the State's
26 Attorney's Office of the county where the incident

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1 occurred, or initiate an investigation with the
2 appropriate law enforcement officials.
3 (5.2) To issue a cease and desist notice to persons
4 shipping alcoholic liquor into this State from a point
5 outside of this State if the shipment is in violation of
6 this Act.
7 (5.3) To receive complaints from licensees, local
8 officials, law enforcement agencies, organizations, and
9 persons stating that any licensee has been or is violating
10 any provision of this Act or the rules and regulations
11 issued pursuant to this Act. Such complaints shall be in
12 writing, signed and sworn to by the person making the
13 complaint, and shall state with specificity the facts in
14 relation to the alleged violation. If the Commission has
15 reasonable grounds to believe that the complaint
16 substantially alleges a violation of this Act or rules and
17 regulations adopted pursuant to this Act, it shall conduct
18 an investigation. If, after conducting an investigation,
19 the Commission is satisfied that the alleged violation did
20 occur, it shall proceed with disciplinary action against
21 the licensee as provided in this Act.
22 (6) To hear and determine appeals from orders of a
23 local commission in accordance with the provisions of this
24 Act, as hereinafter set forth. Hearings under this
25 subsection shall be held in Springfield or Chicago, at
26 whichever location is the more convenient for the majority

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1 of persons who are parties to the hearing.
2 (7) The commission shall establish uniform systems of
3 accounts to be kept by all retail licensees having more
4 than 4 employees, and for this purpose the commission may
5 classify all retail licensees having more than 4 employees
6 and establish a uniform system of accounts for each class
7 and prescribe the manner in which such accounts shall be
8 kept. The commission may also prescribe the forms of
9 accounts to be kept by all retail licensees having more
10 than 4 employees, including but not limited to accounts of
11 earnings and expenses and any distribution, payment, or
12 other distribution of earnings or assets, and any other
13 forms, records and memoranda which in the judgment of the
14 commission may be necessary or appropriate to carry out any
15 of the provisions of this Act, including but not limited to
16 such forms, records and memoranda as will readily and
17 accurately disclose at all times the beneficial ownership
18 of such retail licensed business. The accounts, forms,
19 records and memoranda shall be available at all reasonable
20 times for inspection by authorized representatives of the
21 State Commission or by any local liquor control
22 commissioner or his or her authorized representative. The
23 commission, may, from time to time, alter, amend or repeal,
24 in whole or in part, any uniform system of accounts, or the
25 form and manner of keeping accounts.
26 (8) In the conduct of any hearing authorized to be held

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1 by the commission, to appoint, at the commission's
2 discretion, hearing officers to conduct hearings involving
3 complex issues or issues that will require a protracted
4 period of time to resolve, to examine, or cause to be
5 examined, under oath, any licensee, and to examine or cause
6 to be examined the books and records of such licensee; to
7 hear testimony and take proof material for its information
8 in the discharge of its duties hereunder; to administer or
9 cause to be administered oaths; for any such purpose to
10 issue subpoena or subpoenas to require the attendance of
11 witnesses and the production of books, which shall be
12 effective in any part of this State, and to adopt rules to
13 implement its powers under this paragraph (8).
14 Any circuit court may by order duly entered, require
15 the attendance of witnesses and the production of relevant
16 books subpoenaed by the State Commission and the court may
17 compel obedience to its order by proceedings for contempt.
18 (9) To investigate the administration of laws in
19 relation to alcoholic liquors in this and other states and
20 any foreign countries, and to recommend from time to time
21 to the Governor and through him or her to the legislature
22 of this State, such amendments to this Act, if any, as it
23 may think desirable and as will serve to further the
24 general broad purposes contained in Section 1-2 hereof.
25 (10) To adopt such rules and regulations consistent
26 with the provisions of this Act which shall be necessary

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1 for the control, sale or disposition of alcoholic liquor
2 damaged as a result of an accident, wreck, flood, fire or
3 other similar occurrence.
4 (11) To develop industry educational programs related
5 to responsible serving and selling, particularly in the
6 areas of overserving consumers and illegal underage
7 purchasing and consumption of alcoholic beverages.
8 (11.1) To license persons providing education and
9 training to alcohol beverage sellers and servers for
10 mandatory and non-mandatory training under the Beverage
11 Alcohol Sellers and Servers Education and Training
12 (BASSET) programs and to develop and administer a public
13 awareness program in Illinois to reduce or eliminate the
14 illegal purchase and consumption of alcoholic beverage
15 products by persons under the age of 21. Application for a
16 license shall be made on forms provided by the State
17 Commission.
18 (12) To develop and maintain a repository of license
19 and regulatory information.
20 (13) (Blank).
21 (14) On or before April 30, 2008 and every 2 years
22 thereafter, the Commission shall present a written report
23 to the Governor and the General Assembly that shall be
24 based on a study of the impact of Public Act 95-634 on the
25 business of soliciting, selling, and shipping wine from
26 inside and outside of this State directly to residents of

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1 this State. As part of its report, the Commission shall
2 provide all of the following information:
3 (A) The amount of State excise and sales tax
4 revenues generated.
5 (B) The amount of licensing fees received.
6 (C) The number of cases of wine shipped from inside
7 and outside of this State directly to residents of this
8 State.
9 (D) The number of alcohol compliance operations
10 conducted.
11 (E) The number of winery shipper's licenses
12 issued.
13 (F) The number of each of the following: reported
14 violations; cease and desist notices issued by the
15 Commission; notices of violations issued by the
16 Commission and to the Department of Revenue; and
17 notices and complaints of violations to law
18 enforcement officials, including, without limitation,
19 the Illinois Attorney General and the U.S. Department
20 of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
21 (15) As a means to reduce the underage consumption of
22 alcoholic liquors, the Commission shall conduct alcohol
23 compliance operations to investigate whether businesses
24 that are soliciting, selling, and shipping wine from inside
25 or outside of this State directly to residents of this
26 State are licensed by this State or are selling or

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1 attempting to sell wine to persons under 21 years of age in
2 violation of this Act.
3 (16) The Commission shall, in addition to notifying any
4 appropriate law enforcement agency, submit notices of
5 complaints or violations of Sections 6-29 and 6-29.1 by
6 persons who do not hold a winery shipper's license under
7 this Act to the Illinois Attorney General and to the U.S.
8 Department of Treasury's Alcohol and Tobacco Tax and Trade
9 Bureau.
10 (17)(A) A person licensed to make wine under the laws
11 of another state who has a winery shipper's license under
12 this Act and annually produces less than 25,000 gallons of
13 wine or a person who has a first-class or second-class wine
14 manufacturer's license, a first-class or second-class
15 wine-maker's license, or a limited wine manufacturer's
16 license under this Act and annually produces less than
17 25,000 gallons of wine may make application to the
18 Commission for a self-distribution exemption to allow the
19 sale of not more than 5,000 gallons of the exemption
20 holder's wine to retail licensees per year.
21 (B) In the application, which shall be sworn under
22 penalty of perjury, such person shall state (1) the date it
23 was established; (2) its volume of production and sales for
24 each year since its establishment; (3) its efforts to
25 establish distributor relationships; (4) that a
26 self-distribution exemption is necessary to facilitate the

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1 marketing of its wine; and (5) that it will comply with the
2 liquor and revenue laws of the United States, this State,
3 and any other state where it is licensed.
4 (C) The Commission shall approve the application for a
5 self-distribution exemption if such person: (1) is in
6 compliance with State revenue and liquor laws; (2) is not a
7 member of any affiliated group that produces more than
8 25,000 gallons of wine per annum or produces any other
9 alcoholic liquor; (3) will not annually produce for sale
10 more than 25,000 gallons of wine; and (4) will not annually
11 sell more than 5,000 gallons of its wine to retail
12 licensees.
13 (D) A self-distribution exemption holder shall
14 annually certify to the Commission its production of wine
15 in the previous 12 months and its anticipated production
16 and sales for the next 12 months. The Commission may fine,
17 suspend, or revoke a self-distribution exemption after a
18 hearing if it finds that the exemption holder has made a
19 material misrepresentation in its application, violated a
20 revenue or liquor law of Illinois, exceeded production of
21 25,000 gallons of wine in any calendar year, or become part
22 of an affiliated group producing more than 25,000 gallons
23 of wine or any other alcoholic liquor.
24 (E) Except in hearings for violations of this Act or
25 Public Act 95-634 or a bona fide investigation by duly
26 sworn law enforcement officials, the Commission, or its

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1 agents, the Commission shall maintain the production and
2 sales information of a self-distribution exemption holder
3 as confidential and shall not release such information to
4 any person.
5 (F) The Commission shall issue regulations governing
6 self-distribution exemptions consistent with this Section
7 and this Act.
8 (G) Nothing in this paragraph subsection (17) shall
9 prohibit a self-distribution exemption holder from
10 entering into or simultaneously having a distribution
11 agreement with a licensed Illinois distributor.
12 (H) It is the intent of this paragraph subsection (17)
13 to promote and continue orderly markets. The General
14 Assembly finds that in order to preserve Illinois'
15 regulatory distribution system it is necessary to create an
16 exception for smaller makers of wine as their wines are
17 frequently adjusted in varietals, mixes, vintages, and
18 taste to find and create market niches sometimes too small
19 for distributor or importing distributor business
20 strategies. Limited self-distribution rights will afford
21 and allow smaller makers of wine access to the marketplace
22 in order to develop a customer base without impairing the
23 integrity of the 3-tier system.
24 (18)(A) A class 1 brewer licensee, who must also be
25 either a licensed brewer or licensed non-resident dealer
26 and annually manufacture less than 930,000 gallons of beer,

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1 may make application to the State Commission for a
2 self-distribution exemption to allow the sale of not more
3 than 232,500 gallons of the exemption holder's beer per
4 year to retail licensees and to brewers, class 1 brewers,
5 and class 2 brewers that, pursuant to subsection (e) of
6 Section 6-4 of this Act, sell beer, cider, or both beer and
7 cider to non-licensees at their breweries.
8 (B) In the application, which shall be sworn under
9 penalty of perjury, the class 1 brewer licensee shall state
10 (1) the date it was established; (2) its volume of beer
11 manufactured and sold for each year since its
12 establishment; (3) its efforts to establish distributor
13 relationships; (4) that a self-distribution exemption is
14 necessary to facilitate the marketing of its beer; and (5)
15 that it will comply with the alcoholic beverage and revenue
16 laws of the United States, this State, and any other state
17 where it is licensed.
18 (C) Any application submitted shall be posted on the
19 State Commission's website at least 45 days prior to action
20 by the State Commission. The State Commission shall approve
21 the application for a self-distribution exemption if the
22 class 1 brewer licensee: (1) is in compliance with the
23 State, revenue, and alcoholic beverage laws; (2) is not a
24 member of any affiliated group that manufactures more than
25 930,000 gallons of beer per annum or produces any other
26 alcoholic beverages; (3) shall not annually manufacture

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1 for sale more than 930,000 gallons of beer; (4) shall not
2 annually sell more than 232,500 gallons of its beer to
3 retail licensees or to brewers, class 1 brewers, and class
4 2 brewers that, pursuant to subsection (e) of Section 6-4
5 of this Act, sell beer, cider, or both beer and cider to
6 non-licensees at their breweries; and (5) has relinquished
7 any brew pub license held by the licensee, including any
8 ownership interest it held in the licensed brew pub.
9 (D) A self-distribution exemption holder shall
10 annually certify to the State Commission its manufacture of
11 beer during the previous 12 months and its anticipated
12 manufacture and sales of beer for the next 12 months. The
13 State Commission may fine, suspend, or revoke a
14 self-distribution exemption after a hearing if it finds
15 that the exemption holder has made a material
16 misrepresentation in its application, violated a revenue
17 or alcoholic beverage law of Illinois, exceeded the
18 manufacture of 930,000 gallons of beer in any calendar year
19 or became part of an affiliated group manufacturing more
20 than 930,000 gallons of beer or any other alcoholic
21 beverage.
22 (E) The State Commission shall issue rules and
23 regulations governing self-distribution exemptions
24 consistent with this Act.
25 (F) Nothing in this paragraph (18) shall prohibit a
26 self-distribution exemption holder from entering into or

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1 simultaneously having a distribution agreement with a
2 licensed Illinois importing distributor or a distributor.
3 If a self-distribution exemption holder enters into a
4 distribution agreement and has assigned distribution
5 rights to an importing distributor or distributor, then the
6 self-distribution exemption holder's distribution rights
7 in the assigned territories shall cease in a reasonable
8 time not to exceed 60 days.
9 (G) It is the intent of this paragraph (18) to promote
10 and continue orderly markets. The General Assembly finds
11 that in order to preserve Illinois' regulatory
12 distribution system, it is necessary to create an exception
13 for smaller manufacturers in order to afford and allow such
14 smaller manufacturers of beer access to the marketplace in
15 order to develop a customer base without impairing the
16 integrity of the 3-tier system.
17 (b) On or before April 30, 1999, the Commission shall
18present a written report to the Governor and the General
19Assembly that shall be based on a study of the impact of Public
20Act 90-739 on the business of soliciting, selling, and shipping
21alcoholic liquor from outside of this State directly to
22residents of this State.
23 As part of its report, the Commission shall provide the
24following information:
25 (i) the amount of State excise and sales tax revenues
26 generated as a result of Public Act 90-739;

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1 (ii) the amount of licensing fees received as a result
2 of Public Act 90-739;
3 (iii) the number of reported violations, the number of
4 cease and desist notices issued by the Commission, the
5 number of notices of violations issued to the Department of
6 Revenue, and the number of notices and complaints of
7 violations to law enforcement officials.
8(Source: P.A. 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;
9100-134, eff. 8-18-17; 100-201, eff. 8-18-17; 100-816, eff.
108-13-18; 100-1012, eff. 8-21-18; 100-1050, eff. 8-23-18;
11revised 10-24-18.)
12 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
13 Sec. 5-1. Licenses issued by the Illinois Liquor Control
14Commission shall be of the following classes:
15 (a) Manufacturer's license - Class 1. Distiller, Class 2.
16Rectifier, Class 3. Brewer, Class 4. First Class Wine
17Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
18First Class Winemaker, Class 7. Second Class Winemaker, Class
198. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
2010. Class 1 Brewer, Class 11. Class 2 Brewer,
21 (b) Distributor's license,
22 (c) Importing Distributor's license,
23 (d) Retailer's license,
24 (e) Special Event Retailer's license (not-for-profit),
25 (f) Railroad license,

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

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1other licensees.
2 Class 2. A Rectifier, who is not a distiller, as defined
3herein, may make sales and deliveries of alcoholic liquor to
4rectifiers, importing distributors, distributors, retailers
5and non-beverage users and to no other licensees.
6 Class 3. A Brewer may make sales and deliveries of beer to
7importing distributors and distributors and may make sales as
8authorized under subsection (e) of Section 6-4 of this Act.
9 Class 4. A first class wine-manufacturer may make sales and
10deliveries of up to 50,000 gallons of wine to manufacturers,
11importing distributors and distributors, and to no other
12licensees.
13 Class 5. A second class Wine manufacturer may make sales
14and deliveries of more than 50,000 gallons of wine to
15manufacturers, importing distributors and distributors and to
16no other licensees.
17 Class 6. A first-class wine-maker's license shall allow the
18manufacture of up to 50,000 gallons of wine per year, and the
19storage and sale of such wine to distributors in the State and
20to persons without the State, as may be permitted by law. A
21person who, prior to June 1, 2008 (the effective date of Public
22Act 95-634), is a holder of a first-class wine-maker's license
23and annually produces more than 25,000 gallons of its own wine
24and who distributes its wine to licensed retailers shall cease
25this practice on or before July 1, 2008 in compliance with
26Public Act 95-634.

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1 Class 7. A second-class wine-maker's license shall allow
2the manufacture of between 50,000 and 150,000 gallons of wine
3per year, and the storage and sale of such wine to distributors
4in this State and to persons without the State, as may be
5permitted by law. A person who, prior to June 1, 2008 (the
6effective date of Public Act 95-634), is a holder of a
7second-class wine-maker's license and annually produces more
8than 25,000 gallons of its own wine and who distributes its
9wine to licensed retailers shall cease this practice on or
10before July 1, 2008 in compliance with Public Act 95-634.
11 Class 8. A limited wine-manufacturer may make sales and
12deliveries not to exceed 40,000 gallons of wine per year to
13distributors, and to non-licensees in accordance with the
14provisions of this Act.
15 Class 9. A craft distiller license shall allow the
16manufacture of up to 100,000 gallons of spirits by distillation
17per year and the storage of such spirits. If a craft distiller
18licensee, including a craft distiller licensee who holds more
19than one craft distiller license, is not affiliated with any
20other manufacturer of spirits, then the craft distiller
21licensee may sell such spirits to distributors in this State
22and up to 2,500 gallons of such spirits to non-licensees to the
23extent permitted by any exemption approved by the Commission
24pursuant to Section 6-4 of this Act. A craft distiller license
25holder may store such spirits at a non-contiguous licensed
26location, but at no time shall a craft distiller license holder

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1directly or indirectly produce in the aggregate more than
2100,000 gallons of spirits per year.
3 A craft distiller licensee may hold more than one craft
4distiller's license. However, a craft distiller that holds more
5than one craft distiller license shall not manufacture, in the
6aggregate, more than 100,000 gallons of spirits by distillation
7per year and shall not sell, in the aggregate, more than 2,500
8gallons of such spirits to non-licensees in accordance with an
9exemption approved by the State Commission pursuant to Section
106-4 of this Act.
11 Any craft distiller licensed under this Act who on July 28,
122010 (the effective date of Public Act 96-1367) was licensed as
13a distiller and manufactured no more spirits than permitted by
14this Section shall not be required to pay the initial licensing
15fee.
16 Class 10. A class 1 brewer license, which may only be
17issued to a licensed brewer or licensed non-resident dealer,
18shall allow the manufacture of up to 930,000 gallons of beer
19per year provided that the class 1 brewer licensee does not
20manufacture more than a combined 930,000 gallons of beer per
21year and is not a member of or affiliated with, directly or
22indirectly, a manufacturer that produces more than 930,000
23gallons of beer per year or any other alcoholic liquor. A class
241 brewer licensee may make sales and deliveries to importing
25distributors and distributors and to retail licensees in
26accordance with the conditions set forth in paragraph (18) of

SB0054 Engrossed- 21 -LRB101 04781 RPS 49790 b
1subsection (a) of Section 3-12 of this Act. If the State
2Commission provides prior approval, a class 1 brewer may
3annually transfer up to 930,000 gallons of beer manufactured by
4that class 1 brewer to the premises of a licensed class 1
5brewer wholly owned and operated by the same licensee.
6 Class 11. A class 2 brewer license, which may only be
7issued to a licensed brewer or licensed non-resident dealer,
8shall allow the manufacture of up to 3,720,000 gallons of beer
9per year provided that the class 2 brewer licensee does not
10manufacture more than a combined 3,720,000 gallons of beer per
11year and is not a member of or affiliated with, directly or
12indirectly, a manufacturer that produces more than 3,720,000
13gallons of beer per year or any other alcoholic liquor. A class
142 brewer licensee may make sales and deliveries to importing
15distributors and distributors, but shall not make sales or
16deliveries to any other licensee. If the State Commission
17provides prior approval, a class 2 brewer licensee may annually
18transfer up to 3,720,000 gallons of beer manufactured by that
19class 2 brewer licensee to the premises of a licensed class 2
20brewer wholly owned and operated by the same licensee.
21 A class 2 brewer may transfer beer to a brew pub wholly
22owned and operated by the class 2 brewer subject to the
23following limitations and restrictions: (i) the transfer shall
24not annually exceed more than 31,000 gallons; (ii) the annual
25amount transferred shall reduce the brew pub's annual permitted
26production limit; (iii) all beer transferred shall be subject

SB0054 Engrossed- 22 -LRB101 04781 RPS 49790 b
1to Article VIII of this Act; (iv) a written record shall be
2maintained by the brewer and brew pub specifying the amount,
3date of delivery, and receipt of the product by the brew pub;
4and (v) the brew pub shall be located no farther than 80 miles
5from the class 2 brewer's licensed location.
6 A class 2 brewer shall, prior to transferring beer to a
7brew pub wholly owned by the class 2 brewer, furnish a written
8notice to the State Commission of intent to transfer beer
9setting forth the name and address of the brew pub and shall
10annually submit to the State Commission a verified report
11identifying the total gallons of beer transferred to the brew
12pub wholly owned by the class 2 brewer.
13 (a-1) A manufacturer which is licensed in this State to
14make sales or deliveries of alcoholic liquor to licensed
15distributors or importing distributors and which enlists
16agents, representatives, or individuals acting on its behalf
17who contact licensed retailers on a regular and continual basis
18in this State must register those agents, representatives, or
19persons acting on its behalf with the State Commission.
20 Registration of agents, representatives, or persons acting
21on behalf of a manufacturer is fulfilled by submitting a form
22to the Commission. The form shall be developed by the
23Commission and shall include the name and address of the
24applicant, the name and address of the manufacturer he or she
25represents, the territory or areas assigned to sell to or
26discuss pricing terms of alcoholic liquor, and any other

SB0054 Engrossed- 23 -LRB101 04781 RPS 49790 b
1questions deemed appropriate and necessary. All statements in
2the forms required to be made by law or by rule shall be deemed
3material, and any person who knowingly misstates any material
4fact under oath in an application is guilty of a Class B
5misdemeanor. Fraud, misrepresentation, false statements,
6misleading statements, evasions, or suppression of material
7facts in the securing of a registration are grounds for
8suspension or revocation of the registration. The State
9Commission shall post a list of registered agents on the
10Commission's website.
11 (b) A distributor's license shall allow the wholesale
12purchase and storage of alcoholic liquors and sale of alcoholic
13liquors to licensees in this State and to persons without the
14State, as may be permitted by law, and the sale of beer, cider,
15or both beer and cider to brewers, class 1 brewers, and class 2
16brewers that, pursuant to subsection (e) of Section 6-4 of this
17Act, sell beer, cider, or both beer and cider to non-licensees
18at their breweries. No person licensed as a distributor shall
19be granted a non-resident dealer's license.
20 (c) An importing distributor's license may be issued to and
21held by those only who are duly licensed distributors, upon the
22filing of an application by a duly licensed distributor, with
23the Commission and the Commission shall, without the payment of
24any fee, immediately issue such importing distributor's
25license to the applicant, which shall allow the importation of
26alcoholic liquor by the licensee into this State from any point

SB0054 Engrossed- 24 -LRB101 04781 RPS 49790 b
1in the United States outside this State, and the purchase of
2alcoholic liquor in barrels, casks or other bulk containers and
3the bottling of such alcoholic liquors before resale thereof,
4but all bottles or containers so filled shall be sealed,
5labeled, stamped and otherwise made to comply with all
6provisions, rules and regulations governing manufacturers in
7the preparation and bottling of alcoholic liquors. The
8importing distributor's license shall permit such licensee to
9purchase alcoholic liquor from Illinois licensed non-resident
10dealers and foreign importers only. No person licensed as an
11importing distributor shall be granted a non-resident dealer's
12license.
13 (d) A retailer's license shall allow the licensee to sell
14and offer for sale at retail, only in the premises specified in
15the license, alcoholic liquor for use or consumption, but not
16for resale in any form. Nothing in Public Act 95-634 shall
17deny, limit, remove, or restrict the ability of a holder of a
18retailer's license to transfer, deliver, or ship alcoholic
19liquor to the purchaser for use or consumption subject to any
20applicable local law or ordinance. Any retail license issued to
21a manufacturer shall only permit the manufacturer to sell beer
22at retail on the premises actually occupied by the
23manufacturer. For the purpose of further describing the type of
24business conducted at a retail licensed premises, a retailer's
25licensee may be designated by the State Commission as (i) an on
26premise consumption retailer, (ii) an off premise sale

SB0054 Engrossed- 25 -LRB101 04781 RPS 49790 b
1retailer, or (iii) a combined on premise consumption and off
2premise sale retailer.
3 Notwithstanding any other provision of this subsection
4(d), a retail licensee may sell alcoholic liquors to a special
5event retailer licensee for resale to the extent permitted
6under subsection (e).
7 (e) A special event retailer's license (not-for-profit)
8shall permit the licensee to purchase alcoholic liquors from an
9Illinois licensed distributor (unless the licensee purchases
10less than $500 of alcoholic liquors for the special event, in
11which case the licensee may purchase the alcoholic liquors from
12a licensed retailer) and shall allow the licensee to sell and
13offer for sale, at retail, alcoholic liquors for use or
14consumption, but not for resale in any form and only at the
15location and on the specific dates designated for the special
16event in the license. An applicant for a special event retailer
17license must (i) furnish with the application: (A) a resale
18number issued under Section 2c of the Retailers' Occupation Tax
19Act or evidence that the applicant is registered under Section
202a of the Retailers' Occupation Tax Act, (B) a current, valid
21exemption identification number issued under Section 1g of the
22Retailers' Occupation Tax Act, and a certification to the
23Commission that the purchase of alcoholic liquors will be a
24tax-exempt purchase, or (C) a statement that the applicant is
25not registered under Section 2a of the Retailers' Occupation
26Tax Act, does not hold a resale number under Section 2c of the

SB0054 Engrossed- 26 -LRB101 04781 RPS 49790 b
1Retailers' Occupation Tax Act, and does not hold an exemption
2number under Section 1g of the Retailers' Occupation Tax Act,
3in which event the Commission shall set forth on the special
4event retailer's license a statement to that effect; (ii)
5submit with the application proof satisfactory to the State
6Commission that the applicant will provide dram shop liability
7insurance in the maximum limits; and (iii) show proof
8satisfactory to the State Commission that the applicant has
9obtained local authority approval.
10 Nothing in this Act prohibits an Illinois licensed
11distributor from offering credit or a refund for unused,
12salable alcoholic liquors to a holder of a special event
13retailer's license or from the special event retailer's
14licensee from accepting the credit or refund of alcoholic
15liquors at the conclusion of the event specified in the
16license.
17 (f) A railroad license shall permit the licensee to import
18alcoholic liquors into this State from any point in the United
19States outside this State and to store such alcoholic liquors
20in this State; to make wholesale purchases of alcoholic liquors
21directly from manufacturers, foreign importers, distributors
22and importing distributors from within or outside this State;
23and to store such alcoholic liquors in this State; provided
24that the above powers may be exercised only in connection with
25the importation, purchase or storage of alcoholic liquors to be
26sold or dispensed on a club, buffet, lounge or dining car

SB0054 Engrossed- 27 -LRB101 04781 RPS 49790 b
1operated on an electric, gas or steam railway in this State;
2and provided further, that railroad licensees exercising the
3above powers shall be subject to all provisions of Article VIII
4of this Act as applied to importing distributors. A railroad
5license shall also permit the licensee to sell or dispense
6alcoholic liquors on any club, buffet, lounge or dining car
7operated on an electric, gas or steam railway regularly
8operated by a common carrier in this State, but shall not
9permit the sale for resale of any alcoholic liquors to any
10licensee within this State. A license shall be obtained for
11each car in which such sales are made.
12 (g) A boat license shall allow the sale of alcoholic liquor
13in individual drinks, on any passenger boat regularly operated
14as a common carrier on navigable waters in this State or on any
15riverboat operated under the Riverboat Gambling Act, which boat
16or riverboat maintains a public dining room or restaurant
17thereon.
18 (h) A non-beverage user's license shall allow the licensee
19to purchase alcoholic liquor from a licensed manufacturer or
20importing distributor, without the imposition of any tax upon
21the business of such licensed manufacturer or importing
22distributor as to such alcoholic liquor to be used by such
23licensee solely for the non-beverage purposes set forth in
24subsection (a) of Section 8-1 of this Act, and such licenses
25shall be divided and classified and shall permit the purchase,
26possession and use of limited and stated quantities of

SB0054 Engrossed- 28 -LRB101 04781 RPS 49790 b
1alcoholic liquor as follows:
2Class 1, not to exceed ......................... 500 gallons
3Class 2, not to exceed ....................... 1,000 gallons
4Class 3, not to exceed ....................... 5,000 gallons
5Class 4, not to exceed ...................... 10,000 gallons
6Class 5, not to exceed ....................... 50,000 gallons
7 (i) A wine-maker's premises license shall allow a licensee
8that concurrently holds a first-class wine-maker's license to
9sell and offer for sale at retail in the premises specified in
10such license not more than 50,000 gallons of the first-class
11wine-maker's wine that is made at the first-class wine-maker's
12licensed premises per year for use or consumption, but not for
13resale in any form. A wine-maker's premises license shall allow
14a licensee who concurrently holds a second-class wine-maker's
15license to sell and offer for sale at retail in the premises
16specified in such license up to 100,000 gallons of the
17second-class wine-maker's wine that is made at the second-class
18wine-maker's licensed premises per year for use or consumption
19but not for resale in any form. A wine-maker's premises license
20shall allow a licensee that concurrently holds a first-class
21wine-maker's license or a second-class wine-maker's license to
22sell and offer for sale at retail at the premises specified in
23the wine-maker's premises license, for use or consumption but
24not for resale in any form, any beer, wine, and spirits
25purchased from a licensed distributor. Upon approval from the
26State Commission, a wine-maker's premises license shall allow

SB0054 Engrossed- 29 -LRB101 04781 RPS 49790 b
1the licensee to sell and offer for sale at (i) the wine-maker's
2licensed premises and (ii) at up to 2 additional locations for
3use and consumption and not for resale. Each location shall
4require additional licensing per location as specified in
5Section 5-3 of this Act. A wine-maker's premises licensee shall
6secure liquor liability insurance coverage in an amount at
7least equal to the maximum liability amounts set forth in
8subsection (a) of Section 6-21 of this Act.
9 (j) An airplane 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 an airplane; and provided further, that
19airplane licensees exercising the above powers shall be subject
20to all provisions of Article VIII of this Act as applied to
21importing distributors. An airplane licensee shall also permit
22the sale or dispensing of alcoholic liquors on any passenger
23airplane regularly operated by a common carrier in this State,
24but shall not permit the sale for resale of any alcoholic
25liquors to any licensee within this State. A single airplane
26license shall be required of an airline company if liquor

SB0054 Engrossed- 30 -LRB101 04781 RPS 49790 b
1service is provided on board aircraft in this State. The annual
2fee for such license shall be as determined in Section 5-3.
3 (k) A foreign importer's license shall permit such licensee
4to purchase alcoholic liquor from Illinois licensed
5non-resident dealers only, and to import alcoholic liquor other
6than in bulk from any point outside the United States and to
7sell such alcoholic liquor to Illinois licensed importing
8distributors and to no one else in Illinois; provided that (i)
9the foreign importer registers with the State Commission every
10brand of alcoholic liquor that it proposes to sell to Illinois
11licensees during the license period, (ii) the foreign importer
12complies with all of the provisions of Section 6-9 of this Act
13with respect to registration of such Illinois licensees as may
14be granted the right to sell such brands at wholesale, and
15(iii) the foreign importer complies with the provisions of
16Sections 6-5 and 6-6 of this Act to the same extent that these
17provisions apply to manufacturers.
18 (l) (i) A broker's license shall be required of all persons
19who solicit orders for, offer to sell or offer to supply
20alcoholic liquor to retailers in the State of Illinois, or who
21offer to retailers to ship or cause to be shipped or to make
22contact with distillers, rectifiers, brewers or manufacturers
23or any other party within or without the State of Illinois in
24order that alcoholic liquors be shipped to a distributor,
25importing distributor or foreign importer, whether such
26solicitation or offer is consummated within or without the

SB0054 Engrossed- 31 -LRB101 04781 RPS 49790 b
1State of Illinois.
2 No holder of a retailer's license issued by the Illinois
3Liquor Control Commission shall purchase or receive any
4alcoholic liquor, the order for which was solicited or offered
5for sale to such retailer by a broker unless the broker is the
6holder of a valid broker's license.
7 The broker shall, upon the acceptance by a retailer of the
8broker's solicitation of an order or offer to sell or supply or
9deliver or have delivered alcoholic liquors, promptly forward
10to the Illinois Liquor Control Commission a notification of
11said transaction in such form as the Commission may by
12regulations prescribe.
13 (ii) A broker's license shall be required of a person
14within this State, other than a retail licensee, who, for a fee
15or commission, promotes, solicits, or accepts orders for
16alcoholic liquor, for use or consumption and not for resale, to
17be shipped from this State and delivered to residents outside
18of this State by an express company, common carrier, or
19contract carrier. This Section does not apply to any person who
20promotes, solicits, or accepts orders for wine as specifically
21authorized in Section 6-29 of this Act.
22 A broker's license under this subsection (l) shall not
23entitle the holder to buy or sell any alcoholic liquors for his
24own account or to take or deliver title to such alcoholic
25liquors.
26 This subsection (l) shall not apply to distributors,

SB0054 Engrossed- 32 -LRB101 04781 RPS 49790 b
1employees of distributors, or employees of a manufacturer who
2has registered the trademark, brand or name of the alcoholic
3liquor pursuant to Section 6-9 of this Act, and who regularly
4sells such alcoholic liquor in the State of Illinois only to
5its registrants thereunder.
6 Any agent, representative, or person subject to
7registration pursuant to subsection (a-1) of this Section shall
8not be eligible to receive a broker's license.
9 (m) A non-resident dealer's license shall permit such
10licensee to ship into and warehouse alcoholic liquor into this
11State from any point outside of this State, and to sell such
12alcoholic liquor to Illinois licensed foreign importers and
13importing distributors and to no one else in this State;
14provided that (i) said non-resident dealer shall register with
15the Illinois Liquor Control Commission each and every brand of
16alcoholic liquor which it proposes to sell to Illinois
17licensees during the license period, (ii) it shall comply with
18all of the provisions of Section 6-9 hereof with respect to
19registration of such Illinois licensees as may be granted the
20right to sell such brands at wholesale by duly filing such
21registration statement, thereby authorizing the non-resident
22dealer to proceed to sell such brands at wholesale, and (iii)
23the non-resident dealer shall comply with the provisions of
24Sections 6-5 and 6-6 of this Act to the same extent that these
25provisions apply to manufacturers. No person licensed as a
26non-resident dealer shall be granted a distributor's or

SB0054 Engrossed- 33 -LRB101 04781 RPS 49790 b
1importing distributor's license.
2 (n) A brew pub license shall allow the licensee to only (i)
3manufacture up to 155,000 gallons of beer per year only on the
4premises specified in the license, (ii) make sales of the beer
5manufactured on the premises or, with the approval of the
6Commission, beer manufactured on another brew pub licensed
7premises that is wholly owned and operated by the same licensee
8to importing distributors, distributors, and to non-licensees
9for use and consumption, (iii) store the beer upon the
10premises, (iv) sell and offer for sale at retail from the
11licensed premises for off-premises consumption no more than
12155,000 gallons per year so long as such sales are only made
13in-person, (v) sell and offer for sale at retail for use and
14consumption on the premises specified in the license any form
15of alcoholic liquor purchased from a licensed distributor or
16importing distributor, and (vi) with the prior approval of the
17Commission, annually transfer no more than 155,000 gallons of
18beer manufactured on the premises to a licensed brew pub wholly
19owned and operated by the same licensee.
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;

SB0054 Engrossed- 34 -LRB101 04781 RPS 49790 b
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

SB0054 Engrossed- 35 -LRB101 04781 RPS 49790 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

SB0054 Engrossed- 36 -LRB101 04781 RPS 49790 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

SB0054 Engrossed- 37 -LRB101 04781 RPS 49790 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

SB0054 Engrossed- 38 -LRB101 04781 RPS 49790 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

SB0054 Engrossed- 39 -LRB101 04781 RPS 49790 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)

SB0054 Engrossed- 40 -LRB101 04781 RPS 49790 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 (t) A brewer warehouse permit may be issued to the holder
25of a class 1 brewer license or a class 2 brewer license. If the
26holder of the permit is a class 1 brewer licensee, the brewer

SB0054 Engrossed- 41 -LRB101 04781 RPS 49790 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 (u) A third-party facilitator license shall allow the
11holder to deliver alcoholic liquors on behalf of a retailer to
12the home or other designated location of a consumer in this
13State in compliance with Section 6-29.5.
14 A third-party facilitator licensee shall submit quarterly
15reports to the State Commission. The quarterly report must
16include the following information about each delivery to a
17consumer in this State during the preceding calendar quarter:
18 (1) the name and business address of the person who
19 ships the alcoholic liquors;
20 (2) the name and address of the recipient of the
21 alcoholic liquors;
22 (3) the weight of the alcoholic liquors delivered to
23 the consignee; and
24 (4) the date of the delivery.
25A third-party facilitator licensee shall maintain the books,
26records, and documents supporting the quarterly report for 3

SB0054 Engrossed- 42 -LRB101 04781 RPS 49790 b
1years following submission of the quarterly report, unless the
2State Commission notifies the third-party facilitator licensee
3that the books, records, and documents may be destroyed. Within
430 days after the State Commission's request, the third-party
5facilitator licensee shall make the books, records, and
6documents available for inspection during normal business
7hours. Within 30 days after a local law enforcement agency's or
8unit of local government's request, the third-party
9facilitator licensee shall make the books, records, and
10documents available for inspection to a local law enforcement
11agency or unit of local government where the third-party
12facilitator licensee resides or does business.
13(Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16;
1499-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, eff.
151-1-17; 100-17, eff. 6-30-17; 100-201, eff. 8-18-17; 100-816,
16eff. 8-13-18; 100-885, eff. 8-14-18; 100-1050, eff. 8-23-18;
17revised 10-2-18.)
18 (235 ILCS 5/5-3) (from Ch. 43, par. 118)
19 Sec. 5-3. License fees. Except as otherwise provided
20herein, at the time application is made to the State Commission
21for a license of any class, the applicant shall pay to the
22State Commission the fee hereinafter provided for the kind of
23license applied for.
24 The fee for licenses issued by the State Commission shall
25be as follows:

SB0054 Engrossed- 43 -LRB101 04781 RPS 49790 b
1OnlineInitial
2renewallicense
3 or
4 non-online
5 renewal
6 For a manufacturer's license:
7 Class 1. Distiller .................$4,000$5,000
8 Class 2. Rectifier .................4,000 5,000
9 Class 3. Brewer ....................1,200 1,500
10 Class 4. First-class Wine
11 Manufacturer ...................750900
12 Class 5. Second-class
13 Wine Manufacturer ..............1,500 1,750
14 Class 6. First-class wine-maker ....750 900
15 Class 7. Second-class wine-maker ...1,500 1,750
16 Class 8. Limited Wine
17 Manufacturer....................250350
18 Class 9. Craft Distiller............ 2,000 2,500
19 Class 10. Class 1 Brewer............50 75
20 Class 11. Class 2 Brewer............ 75 100
21 For a Brew Pub License..............1,2001,500
22 For a caterer retailer's license....350 500
23 For a foreign importer's license ...25 25
24 For an importing distributor's
25 license.........................2525
26 For a distributor's license

SB0054 Engrossed- 44 -LRB101 04781 RPS 49790 b
1 (11,250,000 gallons
2 or over)........................1,4502,200
3 For a distributor's license
4 (over 4,500,000 gallons, but
5 under 11,250,000 gallons)....... 9501,450
6 For a distributor's license
7 (4,500,000 gallons or under)....300450
8 For a non-resident dealer's license
9 (500,000 gallons or over) ......1,200 1,500
10 For a non-resident dealer's license
11 (under 500,000 gallons) ........250 350
12 For a wine-maker's premises
13 license ........................250500
14 For a winery shipper's license
15 (under 250,000 gallons).........200 350
16 For a winery shipper's license
17 (250,000 or over, but
18 under 500,000 gallons)..........7501,000
19 For a winery shipper's license
20 (500,000 gallons or over).......1,200 1,500
21 For a wine-maker's premises license,
22 second location ................500 1,000
23 For a wine-maker's premises license,
24 third location .................5001,000
25 For a retailer's license ...........600 750
26 For a third-party facilitator

SB0054 Engrossed- 45 -LRB101 04781 RPS 49790 b
1 license ........................ 1,0001,100
2 For a special event retailer's
3 license, (not-for-profit) ......25 25
4 For a special use permit license,
5 one day only ...................100 150
6 2 days or more .................150 250
7 For a railroad license .............100 150
8 For a boat license .................500 1,000
9 For an airplane license, times the
10 licensee's maximum number of
11 aircraft in flight, serving
12 liquor over the State at any
13 given time, which either
14 originate, terminate, or make
15 an intermediate stop in
16 the State.......................100150
17 For a non-beverage user's license:
18 Class 1 ........................2424
19 Class 2 ........................6060
20 Class 3 ........................120120
21 Class 4 ........................240240
22 Class 5 ........................600600
23 For a broker's license .............750 1,000
24 For an auction liquor license ......100 150
25 For a homebrewer special
26 event permit....................2525

SB0054 Engrossed- 46 -LRB101 04781 RPS 49790 b
1 For a craft distiller
2 tasting permit..................25 25
3 For a BASSET trainer license........ 300 350
4 For a tasting representative
5 license.........................200300
6 For a brewer warehouse permit....... 2525
7 Fees collected under this Section shall be paid into the
8Dram Shop Fund. On and after July 1, 2003 and until June 30,
92016, of the funds received for a retailer's license, in
10addition to the first $175, an additional $75 shall be paid
11into the Dram Shop Fund, and $250 shall be paid into the
12General Revenue Fund. On and after June 30, 2016, one-half of
13the funds received for a retailer's license shall be paid into
14the Dram Shop Fund and one-half of the funds received for a
15retailer's license shall be paid into the General Revenue Fund.
16Beginning June 30, 1990 and on June 30 of each subsequent year
17through June 29, 2003, any balance over $5,000,000 remaining in
18the Dram Shop Fund shall be credited to State liquor licensees
19and applied against their fees for State liquor licenses for
20the following year. The amount credited to each licensee shall
21be a proportion of the balance in the Dram Fund that is the
22same as the proportion of the license fee paid by the licensee
23under this Section for the period in which the balance was
24accumulated to the aggregate fees paid by all licensees during
25that period.
26 No fee shall be paid for licenses issued by the State

SB0054 Engrossed- 47 -LRB101 04781 RPS 49790 b
1Commission to the following non-beverage users:
2 (a) Hospitals, sanitariums, or clinics when their use
3 of alcoholic liquor is exclusively medicinal, mechanical
4 or scientific.
5 (b) Universities, colleges of learning or schools when
6 their use of alcoholic liquor is exclusively medicinal,
7 mechanical or scientific.
8 (c) Laboratories when their use is exclusively for the
9 purpose of scientific research.
10(Source: P.A. 99-448, eff. 8-24-15; 99-902, eff. 8-26-16;
1199-904, eff. 8-26-16; 100-201, eff. 8-18-17; 100-816, eff.
128-13-18.)
13 (235 ILCS 5/6-18.5 new)
14 Sec. 6-18.5. Third-party facilitator; home rule
15preemption. The regulation and licensing of third-party
16facilitators are exclusive powers and functions of the State. A
17home rule unit may not regulate or license third-party
18facilitators. This subsection is a denial and limitation of
19home rule powers and functions under subsection (h) of Section
206 of Article VII of the Illinois Constitution.
21 (235 ILCS 5/6-29.5 new)
22 Sec. 6-29.5. Delivery of alcoholic liquors to a home by a
23retailer or third-party facilitator.
24 (a) As used in this Section, "mobile application" means a

SB0054 Engrossed- 48 -LRB101 04781 RPS 49790 b
1specialized software program downloaded onto a wireless
2communication device.
3 (b) A retailer may deliver alcoholic liquors to the home or
4other designated location of a consumer in this State if all of
5the following conditions are met:
6 (1) The alcoholic liquors are delivered by the
7 retailer's employee.
8 (2) The retailer or its employee who delivers the
9 alcoholic liquors verifies that the individual accepting
10 delivery is at least 21 years of age.
11 (3) If the retailer or its employee intends to serve
12 the alcoholic liquors to the consumer, the retailer or its
13 employee providing the service has completed the
14 responsible alcohol service server training under Section
15 6-27.1.
16 (c) A retailer may use the services of a third-party
17facilitator licensee by means of the Internet or mobile
18application to facilitate the sale of alcoholic liquors to be
19delivered to the home or designated location of a consumer, and
20a third-party facilitator licensee may deliver alcoholic
21liquors to a consumer on behalf of a retailer located in this
22State, if all of the following conditions are met:
23 (1) If the third-party facilitator licensee delivers
24 alcoholic liquors under this subsection, the third-party
25 facilitator licensee verifies that the individual
26 accepting the delivery of the alcoholic liquors is at least

SB0054 Engrossed- 49 -LRB101 04781 RPS 49790 b
1 21 years of age.
2 (2) A manufacturer, distributor, or importing
3 distributor does not have a direct or indirect interest in
4 the third-party facilitator licensee and does not aid or
5 assist a third-party facilitator licensee by gift, loan of
6 money, property of any description, or other valuable
7 thing, and the third-party facilitator licensee does not
8 accept the same.
9 (3) The retailer or consumer pays the fees associated
10 with deliveries provided for under this subsection.
11 (4) The third-party facilitator licensee offers
12 services for all brands available at the retail location.
13 The State Commission may not treat a violation of this
14subsection as a violation by the retailer.
15 Section 99. Effective date. This Act takes effect upon
16becoming law.
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