235 ILCS 5/6-4
2021 Illinois Compiled Statutes|Chapter 235 - LIQUOR|235 ILCS 5/ - Liquor Control Act of 1934.|Article VI - General Provisions

 (from Ch. 43, par. 121)Sec. 6-4. (a) No person licensed by any licensing authority as a  distiller, or a wine manufacturer, or any subsidiary or affiliate  thereof, or any officer, associate, member, partner, representative,  employee, agent or shareholder owning more than 5% of the outstanding  shares of such person shall be issued an importing distributor's or  distributor's license, nor shall any person licensed by any licensing  authority as an importing distributor, distributor or retailer, or any  subsidiary or affiliate thereof, or any officer or associate, member,  partner, representative, employee, agent or shareholder owning more than  5% of the outstanding shares of such person be issued a distiller's  license, a craft distiller's license, or a wine manufacturer's license; and no person or persons  licensed as a distiller, craft distiller, class 1 craft distiller, or class 2 craft distiller by any licensing authority shall have any  interest, directly or indirectly, with such distributor or importing  distributor.However, an importing distributor or distributor, which on January  1, 1985 is owned by a brewer, or any subsidiary or affiliate thereof or any  officer, associate, member, partner, representative, employee, agent or  shareholder owning more than 5% of the outstanding shares of the importing  distributor or distributor referred to in this paragraph, may own or  acquire an ownership interest of more than 5% of the outstanding shares of  a wine manufacturer and be issued a wine  manufacturer's license by any licensing authority.(b) The foregoing provisions shall not apply to any person licensed  by any licensing authority as a distiller or wine manufacturer, or to  any subsidiary or affiliate of any distiller or wine manufacturer who  shall have been heretofore licensed by the State Commission as either an  importing distributor or distributor during the annual licensing period  expiring June 30, 1947, and shall actually have made sales regularly to  retailers.(c) Provided, however, that in such instances where a distributor's  or importing distributor's license has been issued to any distiller or  wine manufacturer or to any subsidiary or affiliate of any distiller or  wine manufacturer who has, during the licensing period ending June 30,  1947, sold or distributed as such licensed distributor or importing  distributor alcoholic liquors and wines to retailers, such distiller or  wine manufacturer or any subsidiary or affiliate of any distiller or  wine manufacturer holding such distributor's or importing distributor's  license may continue to sell or distribute to retailers such alcoholic  liquors and wines which are manufactured, distilled, processed or  marketed by distillers and wine manufacturers whose products it sold or  distributed to retailers during the whole or any part of its licensing  periods; and such additional brands and additional products may be added  to the line of such distributor or importing distributor, provided, that  such brands and such products were not sold or distributed by any  distributor or importing distributor licensed by the State Commission  during the licensing period ending June 30, 1947, but can not sell or  distribute to retailers any other alcoholic liquors or wines.(d) It shall be unlawful for any distiller licensed anywhere to have  any stock ownership or interest in any distributor's or importing  distributor's license wherein any other person has an interest therein  who is not a distiller and does not own more than 5% of any stock in any  distillery. Nothing herein contained shall apply to such distillers or  their subsidiaries or affiliates, who had a distributor's or importing  distributor's license during the licensing period ending June 30, 1947,  which license was owned in whole by such distiller, or subsidiaries or  affiliates of such distiller.(e) Any person licensed as a brewer, class 1 brewer, or class 2 brewer shall be  permitted to sell on the licensed premises to non-licensees for on or off-premises consumption for the premises in which he  or she actually conducts such business: (i) beer manufactured by the brewer, class 1 brewer, class 2 brewer, or class 3 brewer; (ii) beer manufactured by any other brewer, class 1 brewer, class 2 brewer, or class 3 brewer; and (iii) cider or mead. Any person licensed as a class 3 brewer shall be permitted to sell  on the licensed premises to non-licensees for on or off premises consumption  for the premises in which he or she actually conducts such business: (i) beer manufactured by the class 3 brewer on the premises; (ii) beer manufactured by any other brewer, class 1 brewer, class 2 brewer, or class 3 brewer; and (iii) cider, wine, and spirits. All products sold under this subsection that are not manufactured on premises must be purchased through a licensed distributor, importing distributor, or manufacturer with self-distribution privileges. Such sales shall be limited to on-premises, in-person sales only, for lawful consumption on or off premises.  Such authorization shall be considered a privilege granted by the brewer license and, other than a manufacturer of beer  as stated above, no manufacturer or distributor or importing  distributor, excluding airplane licensees exercising powers provided in  paragraph (i) of Section 5-1 of this Act, or any subsidiary or affiliate  thereof, or any officer,  associate, member, partner, representative, employee or agent, or  shareholder shall be issued a retailer's license, nor shall any person  having a retailer's license, excluding airplane licensees exercising powers  provided in paragraph (i) of Section 5-1 of this  Act, or any subsidiary or affiliate thereof, or  any officer, associate, member, partner, representative or agent, or  shareholder be issued a manufacturer's license or importing distributor's  license.A manufacturer of beer that imports or transfers beer into this State must comply with Sections 6-8 and 8-1 of this Act.A person who holds a class 2 brewer license and is authorized by this Section to sell beer to non-licensees shall not sell beer to non-licensees from more than 3 total brewer or commonly owned brew pub licensed locations in this State.  The class 2 brewer shall designate to the State Commission the brewer or brew pub locations from which it will sell beer to non-licensees.A person licensed as a class 1 craft distiller or a class 2 craft distiller, including a person who holds more than one class 1 craft distiller or class 2 craft distiller license, not affiliated with any other person manufacturing spirits may be authorized by the State Commission to sell (1) up to 5,000 gallons of spirits produced by the person to non-licensees for on or off-premises consumption for the premises in which he or she actually conducts business permitting only the retail sale of spirits manufactured at such premises and (2) vermouth purchased through a licensed distributor for on-premises consumption.  Such sales shall be limited to on-premises, in-person sales only, for lawful consumption on or off premises, and such authorization shall be considered a privilege granted by the class 1 craft distiller or class 2 craft distiller license.  A class 1 craft distiller or class 2 craft distiller licensed for retail sale shall secure liquor liability insurance coverage in an amount at least equal to the maximum liability amounts set forth in subsection (a) of Section 6-21 of this Act.A class 1 craft distiller or class 2 craft distiller license holder shall not deliver any alcoholic liquor to any non-licensee off the licensed premises. A class 1 craft distiller or class 2 craft distiller shall affirm in its annual license application that it does not produce more than 50,000 or 100,000 gallons of distilled spirits annually, whichever is applicable, and that the craft distiller does not sell more than 5,000 gallons of spirits to non-licensees for on or off-premises consumption. In the application, which shall be sworn under penalty of perjury, the class 1 craft distiller or class 2 craft distiller shall state the volume of production and sales for each year since the class 1 craft distiller's or class 2 craft distiller's establishment.A person who holds a class 1 craft distiller or class 2 craft distiller license and is authorized by this Section to sell spirits to non-licensees shall not sell spirits to non-licensees from more than 3 total distillery or commonly owned distilling pub licensed locations in this State. The class 1 craft distiller or class 2 craft distiller shall designate to the State Commission the distillery or distilling pub locations from which it will sell spirits to non-licensees.(f) (Blank).(g) Notwithstanding any of the foregoing prohibitions, a limited wine  manufacturer may sell at retail at its manufacturing site for on or off  premises consumption and may sell to distributors. A limited wine manufacturer licensee  shall secure liquor liability insurance coverage in an amount  at least equal to the maximum liability amounts set forth in  subsection (a) of Section 6-21 of this Act.(h)  The changes made to this Section by Public Act 99-47 shall not diminish or impair the rights of any person, whether a distiller, wine manufacturer, agent, or affiliate thereof, who requested in writing and submitted documentation to the State  Commission on or before February 18, 2015 to be approved for a retail license pursuant to what has heretofore been subsection (f); provided that,  on or before that date, the State Commission considered the intent of that person to apply for the retail license under that subsection and, by recorded vote, the State Commission approved a resolution indicating that such a license application could be lawfully approved upon that person duly filing a formal application for a retail license and if that person, within 90 days of the State Commission appearance and recorded vote, first filed an application with the appropriate local commission, which application was subsequently approved by the appropriate local commission prior to consideration by the State Commission of that person's application for a retail license. It is further provided that the State Commission may approve the person's application for a retail license or renewals of such license if such person continues to diligently adhere to all representations made in writing to the State Commission on or before February 18, 2015, or thereafter, or in the affidavit filed by that person with the State Commission to support the issuance of a retail license and to abide by all applicable laws and duly adopted rules.(i) Notwithstanding any other provision of this Act, the common ownership of a brewery, winery, or a distillery shall not authorize the grant of and aggregation of retail privileges granted to any person or licensees in subsection (e). Any person or licensee with common ownership in a brewery, winery, or a distillery shall be limited to the retail privileges granted to only one of the commonly owned brewery, winery, or distillery.  The State Commission is hereby authorized to restrict the locations of any commonly owned brewery, winery, or distillery to prevent the expansion of retail privileges, including, without limitation, restricting a commonly owned brewery, winery, or distillery from operating in adjacent licensed premises or restricting self-distribution privileges. (Source: P.A. 101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-615, eff. 12-20-19; 102-442, eff. 8-20-21.)