Notwithstanding any other provision of this subsection (d), a retail
licensee may sell alcoholic liquors to a special event retailer licensee for
resale to the extent permitted under subsection (e).
(e) A special event retailer's license (not‑for‑profit) shall permit the
licensee to purchase alcoholic liquors from an Illinois licensed distributor
(unless the licensee purchases less than $500 of alcoholic liquors for the
special event, in which case the licensee may purchase the alcoholic liquors
from a licensed retailer) and shall allow the licensee to sell and offer for
sale, at retail, alcoholic liquors for use or consumption, but not for resale
in any form and only at the location and on the specific dates designated for
the special event in the license. An applicant for a special event retailer
license must
(i) furnish with the application: (A) a resale number issued under Section
2c of the Retailers' Occupation Tax Act or evidence that the applicant is
registered under Section 2a of the Retailers' Occupation Tax Act, (B) a
current, valid exemption identification
number issued under Section 1g of the Retailers' Occupation Tax Act, and a
certification to the Commission that the purchase of alcoholic liquors will be
a tax‑exempt purchase, or (C) a statement that the applicant is not registered
under Section 2a of the Retailers' Occupation Tax Act, does not hold a resale
number under Section 2c of the Retailers' Occupation Tax Act, and does not
hold an exemption number under Section 1g of the Retailers' Occupation Tax
Act, in which event the Commission shall set forth on the special event
retailer's license a statement to that effect; (ii) submit with the application proof satisfactory to
the State Commission that the applicant will provide dram shop liability
insurance in the maximum limits; and (iii) show proof satisfactory to the
State Commission that the applicant has obtained local authority
approval.
(f) A railroad license shall permit the licensee to import alcoholic
liquors into this State from any point in the United States outside this
State and to store such alcoholic liquors in this State; to make wholesale
purchases of alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from within or outside
this State; and to store such alcoholic liquors in this State; provided
that the above powers may be exercised only in connection with the
importation, purchase or storage of alcoholic liquors to be sold or
dispensed on a club, buffet, lounge or dining car operated on an electric,
gas or steam railway in this State; and provided further, that railroad
licensees exercising the above powers shall be subject to all provisions of
Article VIII of this Act as applied to importing distributors. A railroad
license shall also permit the licensee to sell or dispense alcoholic
liquors on any club, buffet, lounge or dining car operated on an electric,
gas or steam railway regularly operated by a common carrier in this State,
but shall not permit the sale for resale of any alcoholic liquors to any
licensee within this State. A license shall be obtained for each car in which
such sales are made.
(g) A boat license shall allow the sale of alcoholic liquor in
individual drinks, on any passenger boat regularly operated as a common
carrier on navigable waters in this State or on any riverboat operated
under
the Riverboat Gambling Act, which boat or riverboat maintains a public
dining room or restaurant thereon.
(h) A non‑beverage user's license shall allow the licensee to
purchase alcoholic liquor from a licensed manufacturer or importing
distributor, without the imposition of any tax upon the business of such
licensed manufacturer or importing distributor as to such alcoholic
liquor to be used by such licensee solely for the non‑beverage purposes
set forth in subsection (a) of Section 8‑1 of this Act, and
such licenses shall be divided and classified and shall permit the
purchase, possession and use of limited and stated quantities of
alcoholic liquor as follows:
Class 1, not to exceed ........................... 500 gallons
Class 2, not to exceed ......................... 1,000 gallons
Class 3, not to exceed ......................... 5,000 gallons
Class 4, not to exceed ........................ 10,000 gallons
Class 5, not to exceed ........................ 50,000 gallons
(i) A wine‑maker's premises license shall allow a
licensee that concurrently holds a first‑class wine‑maker's license to sell
and offer for sale at retail in the premises specified in such license
not more than 50,000 gallons of the first‑class wine‑maker's wine that is
made at the first‑class wine‑maker's licensed premises per year for use or
consumption, but not for resale in any form. A wine‑maker's premises
license shall allow a licensee who concurrently holds a second‑class
wine‑maker's license to sell and offer for sale at retail in the premises
specified in such license up to 100,000 gallons of the
second‑class wine‑maker's wine that is made at the second‑class wine‑maker's
licensed premises per year
for use or consumption but not for resale in any form. A wine‑maker's premises license shall allow a
licensee that concurrently holds a first‑class wine‑maker's license or a second‑class
wine‑maker's license to sell
and offer for sale at retail at the premises specified in the wine‑maker's premises license, for use or consumption but not for resale in any form, any beer, wine, and spirits purchased from a licensed distributor. Upon approval from the
State Commission, a wine‑maker's premises license
shall allow the licensee to sell and offer for sale at (i) the wine‑maker's
licensed premises and (ii) at up to 2 additional locations for use and
consumption and not for resale. Each location shall require additional
licensing per location as specified in Section 5‑3 of this Act.
(j) An airplane license shall permit the licensee to import
alcoholic liquors into this State from any point in the United States
outside this State and to store such alcoholic liquors in this State; to
make wholesale purchases of alcoholic liquors directly from
manufacturers, foreign importers, distributors and importing
distributors from within or outside this State; and to store such
alcoholic liquors in this State; provided that the above powers may be
exercised only in connection with the importation, purchase or storage
of alcoholic liquors to be sold or dispensed on an airplane; and
provided further, that airplane licensees exercising the above powers
shall be subject to all provisions of Article VIII of this Act as
applied to importing distributors. An airplane licensee shall also
permit the sale or dispensing of alcoholic liquors on any passenger
airplane regularly operated by a common carrier in this State, but shall
not permit the sale for resale of any alcoholic liquors to any licensee
within this State. A single airplane license shall be required of an
airline company if liquor service is provided on board aircraft in this
State. The annual fee for such license shall be as determined in
Section 5‑3.
(k) A foreign importer's license shall permit such licensee to purchase
alcoholic liquor from Illinois licensed non‑resident dealers only, and to
import alcoholic liquor other than in bulk from any point outside the
United States and to sell such alcoholic liquor to Illinois licensed
importing distributors and to no one else in Illinois;
provided that the foreign importer registers with the State Commission
every
brand of
alcoholic liquor that it proposes to sell to Illinois licensees during the
license period and
provided further that the foreign importer complies with all of the provisions
of Section
6‑9 of this Act with respect to registration of such Illinois licensees as may
be granted the
right to sell such brands at wholesale.
(l) (i) A broker's license shall be required of all persons
who solicit
orders for, offer to sell or offer to supply alcoholic liquor to
retailers in the State of Illinois, or who offer to retailers to ship or
cause to be shipped or to make contact with distillers, rectifiers,
brewers or manufacturers or any other party within or without the State
of Illinois in order that alcoholic liquors be shipped to a distributor,
importing distributor or foreign importer, whether such solicitation or
offer is consummated within or without the State of Illinois.
No holder of a retailer's license issued by the Illinois Liquor
Control Commission shall purchase or receive any alcoholic liquor, the
order for which was solicited or offered for sale to such retailer by a
broker unless the broker is the holder of a valid broker's license.
The broker shall, upon the acceptance by a retailer of the broker's
solicitation of an order or offer to sell or supply or deliver or have
delivered alcoholic liquors, promptly forward to the Illinois Liquor
Control Commission a notification of said transaction in such form as
the Commission may by regulations prescribe.
(ii) A broker's license shall be required of
a person within this State, other than a retail licensee,
who, for a fee or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for
resale, to be shipped from this State and delivered to residents outside of
this State by an express company, common carrier, or contract carrier.
This Section does not apply to any person who promotes, solicits, or accepts
orders for wine as specifically authorized in Section 6‑29 of this Act.
A broker's license under this subsection (1) shall not entitle the holder to
buy or sell any
alcoholic liquors for his own account or to take or deliver title to
such alcoholic liquors.
This subsection (1) shall not apply to distributors, employees of
distributors, or employees of a manufacturer who has registered the
trademark, brand or name of the alcoholic liquor pursuant to Section 6‑9
of this Act, and who regularly sells such alcoholic liquor
in the State of Illinois only to its registrants thereunder.
Any agent, representative, or person subject to registration pursuant to
subsection (a‑1) of this Section shall not be eligible to receive a broker's
license.
(m) A non‑resident dealer's license shall permit such licensee to ship
into and warehouse alcoholic liquor into this State from any point
outside of this State, and to sell such alcoholic liquor to Illinois licensed
foreign importers and importing distributors and to no one else in this State;
provided that said non‑resident dealer shall register with the Illinois Liquor
Control Commission each and every brand of alcoholic liquor which it proposes
to sell to Illinois licensees during the license period; and further provided
that it shall comply with all of the provisions of Section 6‑9 hereof with
respect to registration of such Illinois licensees as may be granted the right
to sell such brands at wholesale.
(n) A brew pub license shall allow the licensee to manufacture beer only
on the premises specified in the license, to make sales of the
beer manufactured on the premises to importing distributors, distributors,
and to non‑licensees for use and consumption, to store the beer upon
the premises, and to sell and offer for sale at retail from the licensed
premises, provided that a brew pub licensee shall not sell for off‑premises
consumption more than 50,000 gallons per year.
(o) A caterer retailer license shall allow the holder
to serve alcoholic liquors as an incidental part of a food service that serves
prepared meals which excludes the serving of snacks as
the primary meal, either on or off‑site whether licensed or unlicensed.
(p) An auction liquor license shall allow the licensee to sell and offer
for sale at auction wine and spirits for use or consumption, or for resale by
an Illinois liquor licensee in accordance with provisions of this Act. An
auction liquor license will be issued to a person and it will permit the
auction liquor licensee to hold the auction anywhere in the State. An auction
liquor license must be obtained for each auction at least 14 days in advance of
the auction date.
(q) A special use permit license shall allow an Illinois licensed
retailer to transfer a portion of its alcoholic liquor inventory from its
retail licensed premises to the premises specified in the license hereby
created, and to sell or offer for sale at retail, only in the premises
specified in the license hereby created, the transferred alcoholic liquor for
use or consumption, but not for resale in any form. A special use permit
license may be granted for the following time periods: one day or less; 2 or
more days to a maximum of 15 days per location in any 12 month period. An
applicant for the special use permit license must also submit with the
application proof satisfactory to the State Commission that the applicant will
provide dram shop liability insurance to the maximum limits and have local
authority approval.
(Source: P.A. 92‑105, eff. 1‑1‑02; 92‑378, eff. 8‑16‑01; 92‑651, eff. 7‑11‑02; 92‑672, eff. 7‑16‑02; 93‑1057, eff. 12‑2‑04.)
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