235 ILCS 5/10-1
2021 Illinois Compiled Statutes|Chapter 235 - LIQUOR|235 ILCS 5/ - Liquor Control Act of 1934.|Article X - Violations, Penalties, Searches And Seizures

 (from Ch. 43, par. 183)Sec. 10-1. Violations; penalties. Whereas a substantial threat  to the sound and careful control, regulation, and taxation of the  manufacture, sale, and distribution of alcoholic liquors exists by virtue  of individuals who manufacture,  import, distribute, or sell alcoholic liquors within the State without  having first obtained a valid license to do so, and whereas such threat is  especially serious along the borders of this State, and whereas such threat  requires immediate correction by this Act, by active investigation and  prosecution by the State Commission, law enforcement officials, and prosecutors, and by prompt and  strict enforcement through the courts of this State to punish violators and  to deter such conduct in the future:(a) Any person who manufactures, imports  for distribution or use, transports from outside this State into this State, or distributes or sells 108 liters (28.53 gallons)  or more of wine, 45 liters (11.88 gallons) or more of distilled spirits, or 118 liters (31.17 gallons) or more of beer at any  place within the State without having first obtained a valid license to do  so under the provisions of this Act shall be guilty of a Class 4 felony for each offense. However, any person who was duly licensed under this Act and whose license expired within 30 days prior to a violation shall be guilty of a business offense and fined not more than $1,000 for the first such offense and shall be guilty of a Class 4 felony for each subsequent offense.Any person who manufactures, imports for distribution, transports from outside this State into this State for sale or resale in this State, or distributes or sells less than 108 liters (28.53 gallons) of wine, less than 45 liters (11.88 gallons) of distilled spirits, or less than 118 liters (31.17 gallons) of beer at any place within the State without having first obtained a valid license to do so under the provisions of this Act shall be guilty of a business offense and fined not more than $1,000 for the first such offense and shall be guilty of a Class 4 felony for each subsequent offense. This subsection does not apply to a motor carrier or freight forwarder, as defined in Section 13102 of Title 49 of the United States Code, an air carrier, as defined in Section 40102 of Title 49 of the United States Code, or a rail carrier, as defined in Section 10102 of Title 49 of the United States Code.Any person who: (1) has been issued an initial cease and desist notice from the State Commission; and (2) for compensation, does any of the following: (i) ships alcoholic liquor into this State without a license authorized by Section 5-1 issued by the State Commission or in violation of that license; or (ii) manufactures, imports for distribution, transports from outside this State into this State for sale or resale in this State, or distributes or sells alcoholic liquors at any place without having first obtained a valid license to do so is guilty of a Class 4 felony for each offense.(b) (1) Any retailer, caterer retailer, brew pub, special event retailer, special use permit holder, homebrewer special event permit holder, or craft distiller tasting permit holder who knowingly causes alcoholic liquors to be imported directly into the State of Illinois from outside of the State for the purpose of furnishing, giving, or selling to another, except when having received the product from a duly licensed distributor or importing distributor, shall have his license suspended for 30 days for  the first offense and for the second offense, shall have his license  revoked by the Commission.(2) In the event the State Commission receives a certified copy of a final order  from a foreign jurisdiction that an Illinois retail licensee has been found to  have violated that foreign jurisdiction's laws, rules, or regulations  concerning the importation of alcoholic liquor into that foreign jurisdiction,  the violation may be grounds for the State Commission to revoke, suspend, or refuse  to  issue or renew a license, to impose a fine, or to take any additional action  provided by this Act with respect to the Illinois retail license or licensee.  Any such action on the part of the State Commission shall be in accordance with this  Act and implementing rules.For the purposes of paragraph (2): (i) "foreign jurisdiction" means a  state, territory, or possession of the United States, the District of Columbia,  or the Commonwealth of Puerto Rico, and (ii) "final order" means an order or  judgment of a court or administrative body that determines the rights of the  parties respecting the subject matter of the proceeding, that remains in full  force and effect, and from which no appeal can be taken.(c) Any person who shall make any false statement or otherwise  violates any of the provisions of this Act in obtaining any license  hereunder, or who having obtained a license hereunder shall violate any  of the provisions of this Act with respect to the manufacture,  possession, distribution or sale of alcoholic liquor, or with respect to  the maintenance of the licensed premises, or shall violate any other  provision of this Act, shall for a first offense be guilty of a petty  offense and fined not more than $500, and for a second or subsequent  offense shall be guilty of a Class B misdemeanor.(c-5) Any owner of an establishment that serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol, who knowingly fails to prohibit concealed firearms on its premises or who knowingly makes a false statement or record to avoid the prohibition of concealed firearms on its premises under the Firearm Concealed Carry Act shall be guilty of a business offense with a fine up to $5,000.(d) Each day any person engages in business as a manufacturer,  foreign importer, importing distributor, distributor or retailer in  violation of the provisions of this Act shall constitute a separate offense.(e) Any person, under the age of 21 years who, for the purpose  of buying, accepting or receiving alcoholic liquor from a  licensee, represents that he is 21 years of age or over shall be guilty  of a Class A misdemeanor.(f) In addition to the penalties herein provided, any person  licensed as a wine-maker in either class who manufactures more wine than  authorized by his license shall be guilty of a business offense and shall be  fined $1 for each gallon so manufactured.(g) A person shall be exempt from prosecution for a violation of this  Act if he is a peace officer in the enforcement of the criminal laws and  such activity is approved in writing by one of the following:(1) In all counties, the respective State's Attorney;(2) The Director of the Illinois State Police under     Section 2605-10, 2605-15, 2605-51, 2605-52, 2605-75, 2605-190, 2605-200, 2605-205, 2605-210, 2605-215, 2605-250, 2605-275, 2605-305, 2605-315, 2605-325, 2605-335, 2605-340, 2605-350, 2605-355, 2605-360, 2605-365, 2605-375, 2605-400, 2605-405, 2605-420, 2605-430, 2605-435, 2605-525, or 2605-550 of the Illinois State Police Law; or(3) In cities over 1,000,000, the Superintendent of     Police. (Source: P.A. 101-37, eff. 7-3-19; 102-538, eff. 8-20-21.)