235 ILCS 5/6-9
2021 Illinois Compiled Statutes|Chapter 235 - LIQUOR|235 ILCS 5/ - Liquor Control Act of 1934.|Article VI - General Provisions

 (from Ch. 43, par. 126)Sec. 6-9.   Registration of trade marks; sale within geographical area;  delivery to authorized persons.  The Legislature hereby finds and declares  that for purposes of  ensuring the preservation and enhancement of interbrand competition in  the alcoholic liquor industry within the State, ensuring that importation  and distribution of alcoholic liquor in the State will be subject to  thorough and inexpensive monitoring by the State, reducing the  importation of illicit or untaxed alcoholic liquor into the State,  excluding misbranded alcoholic liquor products from the State,  providing incentives to distributors to service and sell to larger  numbers of retail licensees in the geographic area where such  distributors are engaged in business, and reducing the amount of  spoiled and overaged alcoholic liquor products sold to consumers,  it is necessary to restrict the purchase of alcoholic liquors at  wholesale in the State to those persons selected by the manufacturer,  distributor, importing distributor or foreign importer who owns or  controls the trade mark, brand or name of the alcoholic liquor  products sold to such persons, and to restrict the geographic area  or areas within which such persons sell such alcoholic liquor at  wholesale, as provided in this Section.Each manufacturer, non-resident dealer, distributor, importing distributor,  or  foreign importer who owns or controls the trade mark, brand or name of  any alcoholic liquor shall register with the State Commission, in the Chicago  office, on or before the effective date, the name  of each person to whom such manufacturer, non-resident dealer, distributor,  importing  distributor, or foreign importer grants the right to sell at wholesale  in this State any such alcoholic liquor, specifying the particular trade  mark, brand or name of alcoholic liquor as to which such right is  granted, the geographical area or areas for which such right is granted  and the period of time for which such rights are granted to such person.  Each manufacturer,  non-resident dealer, distributor or importing distributor, or foreign  importer who is required to register under this Section must furnish a copy  of the registration statement at the time of appointment to the person who has  been granted the right to sell alcoholic liquor at wholesale.  However, if a  person who has been appointed the right to sell alcoholic liquor at wholesale  does not receive a copy of the registration statement as required under this  Section, such person may file a registration statement with the State  Commission, provided that the person furnishes a copy of that registration  statement to the manufacturer, non-resident dealer, distributor, importing  distributor, or foreign importer within 30 days of filing the registration  statement.  The registration statement shall state:(1) the name of the person appointed;(2) the name of the manufacturer, non-resident dealer, distributor,  importing distributor, or foreign importer from whom the person received the  right to sell alcoholic liquor;(3) the particular trade mark, brand, or name of alcoholic liquor  as  to  which the right to sell at wholesale is granted; and(4) the geographical areas for which the right to sell at  wholesale  is  granted.Such manufacturer, non-resident dealer, distributor, importing distributor,  or  foreign  importer may grant the right to sell at wholesale any trade mark, brand  or name of any alcoholic liquor in any geographical area to more than  one person. If the registration is received after the effective date, the  Commission shall treat the date the registration was received in the Chicago  office as the effective  date.  Such registration shall be made on a form prescribed by the  State Commission and the State Commission may require such registration  to be on a form provided by it.A non-resident dealer or foreign importer who is not a manufacturer shall file the registration statement jointly with the manufacturer identifying the person authorized by the manufacturer to sign the registration statement on behalf of the manufacturer.No such registration shall be made  in any other manner than as is provided in this  Section and only those persons registered by the manufacturer, non-resident  dealer, distributor, importing distributor or foreign importer, shall have  the right to sell at wholesale in this State, the brand of alcoholic liquor  specified on the registration form.However, a licensed Illinois distributor who has not been registered to  sell a brand of alcoholic liquor, but for a period of 2 years prior  to  November 8, 1979 has been engaged in the purchase of a brand for resale  from a licensed Illinois distributor who has the right to sell that brand  at wholesale, may continue to purchase and resell the brand at wholesale,  and may purchase from the same distributor and resell at wholesale any  new brands of the same manufacturer, provided that:(1) Within 60 days after November 8, 1979 he     identifies the brand which he so purchased to the State Commission and the Commission within 30 days thereafter verifies that the purchases have occurred;(2) Thereafter, he notifies the State Commission in     writing of any brands of the same manufacturer which he wishes to purchase from the same distributor that were not available for distribution on or before November 8, 1979, and that the Commission within 30 days of such notification verifies that the brand is a new brand of the same manufacturer, and that the same licensed Illinois distributor has the right to sell the new brand at wholesale;(3) His licensed business address is within the     geographical area for which the licensed Illinois distributor from whom the purchases are made has the right to sell said brand or brands of alcoholic liquor; and(4) His sales are made within the geographical area     for which the licensed Illinois distributor from whom the purchases are made has the right to sell the brand or brands of alcoholic liquor and only to retail licensees whose licensed premises are located within the aforementioned geographical area.No person to whom such right is granted shall sell at wholesale in  this State any alcoholic liquor bearing such trade mark, brand or name  outside of the geographical area for which such person holds such  selling right, as registered with the State Commission, nor shall he  sell such alcoholic liquor within such geographical area to a retail  licensee if the premises specified in such retailer's license are  located outside such geographical area.  Any licensed Illinois distributor who has not been granted the right to sell  any alcoholic liquor at wholesale and is purchasing alcoholic liquor from a  person who has been granted the right to sell at wholesale may sell and deliver  only to retail licensees whose licensed premises are within the same  geographical area as the person who has been granted the right to sell at  wholesale.No manufacturer, importing distributor, distributor, non-resident dealer,  or foreign  importer shall sell or deliver any package containing alcoholic liquor  manufactured or distributed by him for resale, unless the person to whom  such package is sold or delivered is authorized to receive such package  in accordance with the provisions of this Act.  (Source: P.A. 96-482, eff. 8-14-09.)