235 ILCS 5/5-1
2021 Illinois Compiled Statutes|Chapter 235 - LIQUOR|235 ILCS 5/ - Liquor Control Act of 1934.|Article V - Licenses

 (from Ch. 43, par. 115)Sec. 5-1. Licenses issued by the Illinois Liquor Control Commission  shall be of the following classes:(a) Manufacturer's license - Class 1.  Distiller, Class 2.  Rectifier, Class 3.  Brewer, Class 4.  First Class Wine  Manufacturer,  Class 5.  Second Class Wine Manufacturer,  Class 6. First Class Winemaker, Class 7. Second Class Winemaker, Class 8.  Limited Wine Manufacturer, Class 9. Craft Distiller, Class 10. Class 1 Craft Distiller, Class 11. Class 2 Craft Distiller,  Class 12. Class 1 Brewer, Class 13. Class 2 Brewer, Class 14. Class 3 Brewer,(b) Distributor's license,(c) Importing Distributor's license,(d) Retailer's license,(e) Special Event Retailer's license (not-for-profit),(f) Railroad license,(g) Boat license,(h) Non-Beverage User's license,(i) Wine-maker's premises license,(j) Airplane license,(k) Foreign importer's license,(l) Broker's license,(m) Non-resident dealer's  license,(n) Brew Pub license,(o) Auction liquor license,(p) Caterer retailer license,(q) Special use permit license,(r) Winery shipper's license,(s) Craft distiller tasting permit,(t) Brewer warehouse permit,(u) Distilling pub license,(v) Craft distiller warehouse permit,(w)    Beer showcase permit.No  person, firm, partnership, corporation, or other legal business entity that is  engaged in the manufacturing of wine may concurrently obtain and hold a  wine-maker's license and a wine manufacturer's license.(a) A manufacturer's license shall allow the manufacture,  importation in bulk, storage, distribution and sale of alcoholic liquor  to persons without the State, as may be permitted by law and to licensees  in this State as follows:Class 1. A Distiller may make sales and deliveries of alcoholic liquor to  distillers, rectifiers, importing distributors, distributors and  non-beverage users and to no other licensees.Class 2. A Rectifier, who is not a distiller, as defined herein, may make  sales and deliveries of alcoholic liquor to rectifiers, importing distributors,  distributors, retailers and non-beverage users and to no other licensees.Class 3. A Brewer may make sales and deliveries of beer to importing  distributors and distributors and may make sales as authorized under subsection (e) of Section 6-4 of this Act, including any alcoholic liquor that subsection (e) of Section 6-4 authorizes a brewer to sell in its original package only to a non-licensee for pick-up by a non-licensee either within the interior of the brewery premises or at outside of the brewery premises at a curb-side or parking lot adjacent to the brewery premises, subject to any local ordinance.Class 4. A first class wine-manufacturer may make sales and deliveries of  up to 50,000 gallons of wine to manufacturers,  importing  distributors and distributors, and to no other licensees. If a first-class wine-manufacturer manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year. If the first-class wine-manufacturer manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 craft distiller license, shall not manufacture more than 50,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year. A first-class wine-manufacturer shall be permitted to sell wine manufactured at the first-class wine-manufacturer premises to non-licensees.Class 5. A second class Wine manufacturer may make sales and deliveries  of more than 50,000 gallons of wine to manufacturers, importing distributors  and distributors and to no other licensees.Class 6. A first-class wine-maker's license shall allow the manufacture  of up to 50,000 gallons of wine per year, and the  storage  and sale of such  wine to distributors in the State and to persons without the  State, as may be permitted by law.  A person who, prior to June 1, 2008 (the effective date of Public Act 95-634), is a holder of a first-class wine-maker's license and annually produces more than 25,000 gallons of its own wine and who distributes its wine to licensed retailers shall cease this practice on or before July 1, 2008 in compliance with Public Act 95-634. If a first-class wine-maker manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year. If the first-class wine-maker manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 craft distiller license, shall not manufacture more than 50,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year. A first-class wine-maker holding a class 1 brewer license or a class 1 craft distiller license shall not be eligible for a wine-maker's premises license but shall be permitted to sell wine manufactured at the first-class wine-maker premises to non-licensees.Class 7. A second-class wine-maker's license shall allow the manufacture  of up to 150,000 gallons of wine per year, and  the  storage and sale of such wine  to distributors in this State and to persons without the State, as may be  permitted by law. A person who, prior to June 1, 2008 (the effective date of Public Act 95-634), is a holder of a second-class wine-maker's license and annually produces more than 25,000 gallons of its own wine and who distributes its wine to licensed retailers shall cease this practice on or before July 1, 2008 in compliance with Public Act 95-634. If a second-class wine-maker manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 brewer license, shall not manufacture more than 3,720,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year. If  a second-class wine-maker manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 craft distiller license, shall not manufacture more than 100,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year.Class 8. A limited wine-manufacturer may make sales and deliveries not to  exceed 40,000 gallons of wine per year to distributors, and to  non-licensees in accordance with the provisions of this Act.Class 9. A craft distiller license, which may only be held by a class 1 craft distiller licensee or class 2 craft distiller licensee but not held by both a class 1 craft distiller licensee and a class 2 craft distiller licensee, shall grant all rights conveyed by either: (i) a class 1 craft distiller license if the craft distiller holds a class 1 craft distiller license; or (ii) a  class 2 craft distiller licensee if the  craft distiller holds a class 2 craft distiller license.Class 10.   A class 1 craft distiller license, which may only be issued to a licensed craft distiller or licensed non-resident dealer,  shall allow the manufacture of up to 50,000 gallons of spirits  per year provided that the class 1 craft distiller licensee does not  manufacture more than a combined 50,000 gallons of spirits per  year and is not a member of or affiliated with, directly or  indirectly, a manufacturer that produces more than 50,000  gallons of spirits per year. If a class 1 craft distiller manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 brewer license, shall not manufacture more than 930,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year. If a class 1 craft distiller manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a first-class wine-manufacturer license or a first-class wine-maker's license, shall not manufacture more than 50,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of wine per year. A class  1 craft distiller licensee may make sales and deliveries to importing  distributors and distributors and to retail licensees in  accordance with the conditions set forth in paragraph (19) of subsection (a) of Section 3-12 of this Act. However, the aggregate amount of spirits sold to non-licensees and sold or delivered to retail licensees may not exceed 5,000 gallons per year.A class 1 craft distiller licensee may sell up to 5,000 gallons of such spirits to non-licensees to the extent permitted by any exemption approved by the State Commission pursuant to Section 6-4 of this Act. A class 1 craft distiller license holder may store such spirits at a  non-contiguous licensed location, but at no time shall a class 1 craft  distiller license holder directly or indirectly produce in the  aggregate more than 50,000 gallons of spirits per year.A class 1 craft distiller licensee may hold more than one class 1 craft distiller's license. However, a class 1 craft distiller that holds more  than one class 1 craft distiller license shall not manufacture, in the  aggregate, more than 50,000 gallons of spirits by distillation  per year and shall not sell, in the aggregate, more than 5,000 gallons of such spirits to non-licensees in accordance  with an exemption approved by the State Commission pursuant to  Section 6-4 of this Act.Class 11. A class 2 craft distiller license, which may only be issued to a licensed craft distiller or licensed non-resident dealer, shall allow the manufacture of up to 100,000 gallons of spirits  per year provided that the class 2 craft distiller licensee does not  manufacture more than a combined 100,000 gallons of spirits per  year and is not a member of or affiliated with, directly or  indirectly, a manufacturer that produces more than 100,000  gallons of spirits per year. If a class 2 craft distiller manufactures beer, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 brewer license, shall not manufacture more than 3,720,000 gallons of beer per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year. If a class 2 craft distiller manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a second-class wine-maker's license, shall not manufacture more than 150,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 150,000 gallons of wine per year. A class  2 craft distiller licensee may make sales and deliveries to importing  distributors and distributors, but shall not make sales or  deliveries to any other licensee. If the State Commission  provides prior approval, a class 2 craft distiller licensee may annually  transfer up to 100,000 gallons of spirits manufactured by that  class 2 craft distiller licensee to the premises of a licensed class 2  craft distiller wholly owned and operated by the same licensee.     A class 2 craft distiller may transfer spirits to a distilling pub wholly owned and operated by the class 2 craft distiller subject to the following limitations and restrictions: (i) the transfer shall    not annually exceed more than 5,000 gallons; (ii) the annual    amount transferred shall reduce the distilling pub's annual permitted production limit; (iii) all spirits transferred shall be subject  to Article VIII of this Act; (iv) a written record shall be   maintained by the distiller and distilling pub specifying the amount,  date of delivery, and receipt of the product by the distilling pub;  and (v) the distilling pub shall be located no farther than 80 miles  from the class 2 craft distiller's licensed location.A class 2 craft distiller shall, prior to transferring spirits to a distilling pub wholly owned by the class 2 craft distiller, furnish a written  notice to the State Commission of intent to transfer spirits  setting forth the name and address of the distilling pub and shall  annually submit to the State Commission a verified report  identifying the total gallons of spirits transferred to the distilling  pub wholly owned by the class 2 craft distiller.A class 2 craft  distiller license holder may store such spirits at a  non-contiguous licensed location, but at no time shall a class 2 craft  distiller license holder directly or indirectly produce in the  aggregate more than 100,000 gallons of spirits per year.Class 12. A class 1 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 930,000 gallons of beer per year provided that the class 1 brewer licensee does not manufacture more than a combined 930,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year. If a class 1 brewer manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 1 craft distiller license, shall not manufacture more than 50,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of spirits per year. If a class 1 craft brewer manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a first-class wine-manufacturer license or a first-class wine-maker's license, shall not manufacture more than 50,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 50,000 gallons of wine per year. A class 1 brewer licensee may make sales and deliveries to importing distributors and distributors and to retail licensees in accordance with the conditions set forth in paragraph (18) of subsection (a) of Section 3-12 of this Act. If the State Commission provides prior approval, a class 1 brewer may annually transfer up to 930,000 gallons of beer manufactured by that class 1 brewer to the premises of a licensed class 1 brewer wholly owned and operated by the same licensee.Class 13.  A class 2 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 3,720,000 gallons of beer per year provided that the class 2 brewer licensee does not manufacture more than a combined 3,720,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year.   If a class 2 brewer manufactures spirits, it shall also obtain and shall only be eligible for, in addition to any current license, a class 2 craft distiller license, shall not manufacture more than 100,000 gallons of spirits per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 100,000 gallons of spirits per year. If a class 2 craft distiller manufactures wine, it shall also obtain and shall only be eligible for, in addition to any current license, a second-class wine-maker's license, shall not manufacture more than 150,000 gallons of wine per year, and shall not be a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 150,000 gallons of wine a year. A class 2 brewer licensee may make sales and deliveries to importing distributors and distributors, but shall not make sales or deliveries to any other licensee. If the State Commission provides prior approval, a class 2 brewer licensee may annually transfer up to 3,720,000 gallons of beer manufactured by that class 2 brewer licensee to the premises of a licensed class 2 brewer wholly owned and operated by the same licensee.A class 2 brewer may transfer beer to a brew pub wholly owned and operated by the class 2 brewer subject to the following limitations and restrictions: (i)  the transfer shall not annually exceed more than 31,000 gallons; (ii)  the annual amount transferred shall reduce the brew pub's annual permitted production limit; (iii)  all beer transferred shall be subject to Article VIII of this Act; (iv)  a written record shall be maintained by the brewer and brew pub specifying the amount, date of delivery, and receipt of the product by the brew pub; and (v)  the brew pub shall be located no farther than 80 miles from the class 2 brewer's licensed location.A class 2 brewer shall, prior to transferring beer to a brew pub wholly owned by the class 2 brewer, furnish a written notice to the State Commission of intent to transfer beer setting forth the name and address of the brew pub and shall annually submit to the State Commission a verified report identifying the total gallons of beer transferred to the brew pub wholly owned by the class 2 brewer.Class 14. A class 3 brewer license, which may be issued to a brewer or a non-resident dealer, shall allow the manufacture of no more than 465,000 gallons of beer per year and no more than 155,000 gallons at a single brewery premises, and shall allow the sale of no more than 6,200 gallons of beer from each in-state or out-of-state class 3 brewery premises, or 18,600 gallons in the aggregate, to retail licensees, class 1 brewers, class 2 brewers, and class 3 brewers as long as the class 3 brewer licensee does not manufacture more than a combined 465,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 465,000 gallons of beer per year to make sales to importing distributors, distributors, retail licensees, brewers, class 1 brewers, class 2 brewers, and class 3 brewers in accordance with the conditions set forth in paragraph (20) of subsection (a) of Section 3-12. If the State Commission provides prior approval, a class 3 brewer may annually transfer up to 155,000 gallons of beer manufactured by that class 3 brewer to the premises of a licensed class 3 brewer wholly owned and operated by the same licensee. A class 3 brewer shall manufacture beer at the brewer's class 3 designated licensed premises, and may sell beer as otherwise provided in this Act.(a-1) A manufacturer which is licensed in this State to make sales or  deliveries of alcoholic liquor to licensed distributors or importing distributors and which enlists agents, representatives, or  individuals acting on its behalf who contact licensed retailers on a regular  and continual basis in this State must register those agents, representatives,  or persons acting on its behalf with the State Commission.Registration of agents, representatives, or persons acting on behalf of a  manufacturer is fulfilled by submitting a form to the Commission.  The form  shall be developed by the Commission and shall include the name and address of  the applicant, the name and address of the manufacturer he or she represents,  the territory or areas assigned to sell to or discuss pricing terms of  alcoholic liquor, and any other questions deemed appropriate and necessary.  All statements in the forms required to be made by law or by rule shall be  deemed material, and any person who knowingly misstates any material fact under  oath in an application is guilty of a Class B misdemeanor.  Fraud,  misrepresentation, false statements, misleading statements, evasions, or  suppression of material facts in the securing of a registration are grounds for  suspension or revocation of the registration. The State Commission shall post a list of registered agents on the Commission's website.(b) A distributor's license shall allow (i) the wholesale purchase and storage  of alcoholic liquors and sale of alcoholic liquors to licensees in this State and to persons without the State, as may be permitted by law; (ii) the sale of beer, cider, mead, or any combination thereof to brewers, class 1 brewers, and class 2 brewers that, pursuant to subsection (e) of Section 6-4 of this Act, sell beer, cider, mead, or any combination thereof to non-licensees at their breweries; (iii) the sale of vermouth to class 1 craft distillers and class 2 craft distillers that, pursuant to subsection (e) of Section 6-4 of this Act, sell spirits, vermouth, or both spirits and vermouth to non-licensees at their distilleries; or (iv) as otherwise provided in this Act. No person licensed as a distributor shall be granted a non-resident dealer's license.(c) An importing distributor's license may be issued to and held by  those only who are duly licensed distributors, upon the filing of an  application by a duly licensed distributor, with the Commission and  the Commission shall, without the  payment of any fee, immediately issue such importing distributor's  license to the applicant, which shall allow the importation of alcoholic  liquor by the licensee into this State from any point in the United  States outside this State, and the purchase of alcoholic liquor in  barrels, casks or other bulk containers and the bottling of such  alcoholic liquors before resale thereof, but all bottles or containers  so filled shall be sealed, labeled, stamped and otherwise made to comply  with all provisions, rules and regulations governing manufacturers in  the preparation and bottling of alcoholic liquors.  The importing  distributor's license shall permit such licensee to purchase alcoholic  liquor from Illinois licensed non-resident dealers and foreign importers only. No person licensed as an importing distributor shall be granted a non-resident dealer's license.(d) A retailer's license shall allow the licensee to sell and offer  for sale at retail, only in the premises specified in the license,  alcoholic liquor for use or consumption, but not for resale in any form. Except as provided in Section 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to transfer or ship alcoholic liquor to the purchaser for use or consumption subject to any applicable local law or ordinance. For the purposes of this Section, "shipping" means the movement of alcoholic liquor from a licensed retailer to a consumer via a common carrier. Except as provided in Section 6-16, 6-29, or 6-29.1, nothing in this Act shall deny, limit, remove, or restrict the ability of a holder of a retailer's license to deliver alcoholic liquor to the purchaser for use or consumption. The delivery shall be made only within 12 hours from the time the alcoholic liquor leaves the licensed premises of the retailer for delivery. For the purposes of this Section, "delivery" means the movement of alcoholic liquor purchased from a licensed retailer to a consumer through the following methods:(1) delivery within licensed retailer's parking lot,     including curbside, for pickup by the consumer;(2) delivery by an owner, officer, director,     shareholder, or employee of the licensed retailer; or(3) delivery by a third-party contractor, independent     contractor, or agent with whom the licensed retailer has contracted to make deliveries of alcoholic liquors.Under subsection (1), (2), or (3), delivery shall not include the use of common carriers.Any retail license issued to a manufacturer shall only  permit the manufacturer to sell beer at retail on the premises actually  occupied by the manufacturer. For the purpose of further describing the type of business conducted at a retail licensed premises, a  retailer's licensee may be designated by the State Commission as (i) an on premise consumption retailer, (ii) an off premise sale retailer, or (iii) a combined on premise consumption and off premise sale retailer.Except for a municipality with a population of more than 1,000,000 inhabitants, a home rule unit may not regulate the delivery of alcoholic liquor inconsistent with this subsection.  This paragraph is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.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.Nothing in this Act prohibits an Illinois licensed distributor from offering credit or a refund for unused, salable alcoholic liquors to a holder of a special event retailer's license or the special event retailer's licensee from accepting the credit or refund of alcoholic liquors at the conclusion of the event specified in the license.(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 Illinois 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 gallonsClass 2, not to exceed ......................... 1,000 gallonsClass 3, not to exceed ......................... 5,000 gallonsClass 4, not to exceed ........................ 10,000 gallonsClass 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 first-class wine-maker that concurrently holds a class 1 brewer license or a class 1 craft distiller license shall not be eligible to hold a wine-maker's premises license.  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. A wine-maker's premises 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.(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 (i) 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, (ii)  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,  and (iii) the foreign importer complies with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers.(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, craft 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 (l)   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 (l)   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 (i) 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, (ii)  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 by duly filing such registration statement, thereby authorizing the non-resident dealer to proceed to sell such brands at wholesale, and (iii) the non-resident dealer shall comply with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers. No person licensed as a non-resident dealer shall be granted a distributor's or importing distributor's license.(n) A brew pub license shall allow the licensee to only (i) manufacture up to 155,000 gallons of beer per year only  on the premises specified in the license, (ii) make sales of the  beer manufactured on the premises or, with the approval of the Commission, beer manufactured on another brew pub licensed premises that is wholly owned and operated by the same licensee to importing distributors, distributors,  and to non-licensees for use and consumption, (iii) store the beer upon  the premises, (iv) sell and offer for sale at retail from the licensed  premises for off-premises  consumption no more than 155,000 gallons per year so long as such sales are only made in-person, (v) sell and offer for sale at retail for use and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor, (vi) with the prior approval of the Commission, annually transfer no more than 155,000 gallons of beer manufactured on the premises to a licensed brew pub wholly owned and operated by the same licensee, and (vii) notwithstanding item (i) of this subsection, brew pubs wholly owned and operated by the same licensee may combine each location's production limit of 155,000 gallons of beer per year and allocate the aggregate total between the wholly owned, operated, and licensed locations.A brew pub licensee shall not under any circumstance sell or offer for sale beer manufactured by the brew pub licensee to retail licensees.A person who holds a class 2 brewer license may simultaneously hold a brew pub license if the class 2 brewer (i) does not, under any circumstance, sell or offer for sale beer manufactured by the class 2 brewer to retail licensees; (ii) does not hold more than 3 brew pub licenses in this State; (iii) does not manufacture more than a combined 3,720,000 gallons of beer per year, including the beer manufactured at the brew pub; and (iv) is not a member of or affiliated with, directly or indirectly,  a manufacturer that produces more than 3,720,000 gallons of beer per year or any other alcoholic liquor.Notwithstanding any other provision of this Act, a licensed brewer, class 2 brewer, or non-resident dealer who before July 1, 2015 manufactured less than 3,720,000 gallons of beer per year and held a brew pub license on or before July 1, 2015 may (i) continue to qualify for and hold that brew pub license for the licensed premises and (ii) manufacture more than 3,720,000 gallons of beer per year and continue to qualify for and hold that brew pub license if that brewer, class 2 brewer, or non-resident dealer does not simultaneously hold a class 1 brewer license and is not a member of or affiliated with, directly or indirectly,  a manufacturer that produces more than 3,720,000 gallons of beer per year or that produces any other alcoholic liquor.A brew pub licensee may apply for a class 3 brewer license and upon: (i) meeting all applicable qualifications of this Act, and relinquishing all commonly owned brew pub or retail licenses shall be issued a class 3 brewer license.  Nothing in this Act shall prohibit the issuance of a class 3 brewer license if the applicant:(1) has a valid retail license on or before May 1,     2021;(2) has an ownership interest in at least two brew     pubs licenses on or before May 1, 2021;(3) the brew pub licensee applies for a class 3     brewer license on or before October 1, 2022 and relinquishes all commonly owned brew pub licenses; and(4) relinquishes all commonly owned retail licenses     on or before December 31, 2022.If a brew pub licensee is issued a class 3 brewer license, the class 3 brewer license shall expire on the same date as the existing brew pub license and the State Commission shall not require a class 3 brewer licensee to obtain a brewer license, or in the alternative to pay a fee for a brewer license, until the date the brew pub license of the applicant would have expired.(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. A caterer retailer license shall allow the holder, a distributor, or an importing distributor to transfer any inventory to and from the holder's retail premises and shall allow the holder to purchase alcoholic liquor from a distributor or importing distributor to be delivered directly to an off-site event.Nothing in this Act prohibits a  distributor or importing distributor from offering credit or a refund for unused, salable beer to a holder of a caterer retailer license or a caterer retailer licensee from accepting a credit or refund for unused, salable beer, in the event an act of God is the sole reason an off-site event is cancelled and if: (i) the holder of a caterer retailer license has not transferred alcoholic liquor from its caterer retailer premises to an off-site location; (ii) the distributor or importing distributor offers the credit or refund for the unused, salable beer that it delivered to the off-site premises and not for any unused, salable beer that the distributor or importing distributor delivered to the caterer retailer's premises; and (iii) the unused, salable beer would likely spoil if transferred to the caterer retailer's premises.  A caterer retailer license shall allow the holder to transfer any inventory from any off-site location to its caterer retailer premises at the conclusion of an off-site event or engage a distributor or importing distributor to transfer any inventory from any off-site location to its caterer retailer premises at the conclusion of an off-site event, provided that the distributor or importing distributor issues bona fide charges to the caterer retailer licensee for fuel, labor, and delivery and the distributor or importing distributor collects payment from the caterer retailer licensee prior to the distributor or importing distributor transferring inventory to the caterer retailer premises.For purposes of this subsection (o), an "act of God" means an unforeseeable event, such as a rain or snow storm, hail, a flood, or a similar event, that is the sole cause of the cancellation of an off-site, outdoor event.(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; to purchase alcoholic liquor from a distributor or importing distributor to be delivered directly to the location 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 or delivered 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.A special use permit license shall allow the holder to transfer any inventory from the holder's special use premises to its retail premises at the conclusion of the special use event or engage a distributor or importing distributor to transfer any inventory from the holder's special use premises to its retail premises at the conclusion of an off-site event, provided that the distributor or importing distributor issues bona fide charges to the special use permit licensee for fuel, labor, and delivery and the distributor or importing distributor collects payment from the retail licensee prior to the distributor or importing distributor transferring inventory to the retail premises.Nothing in this Act prohibits a distributor or importing distributor from offering credit or a refund for unused, salable beer to a special use permit licensee or a special use permit licensee from accepting a credit or refund for unused, salable beer at the conclusion of the event specified in the license if: (i) the holder of the special use permit license has not transferred alcoholic liquor from its retail licensed premises to the premises specified in the special use permit license; (ii) the distributor or importing distributor offers the credit or refund for the unused, salable beer that it delivered to the premises specified in the special use permit license and not for any unused, salable beer that the distributor or importing distributor delivered to the retailer's premises; and (iii) the unused, salable beer would likely spoil if transferred to the retailer premises.(r) A winery shipper's license shall allow a person  with a first-class or second-class wine manufacturer's  license, a first-class or second-class wine-maker's license,  or a limited wine manufacturer's license or who is licensed to  make wine under the laws of another state to ship wine  made by that licensee directly to a resident of this  State who is 21 years of age or older for that resident's  personal use and not for resale. Prior to receiving a  winery shipper's license, an applicant for the license must  provide the Commission with a true copy of its current  license in any state in which it is licensed as a manufacturer  of wine. An applicant for a winery shipper's license must  also complete an application form that provides any other  information the Commission deems necessary.  The application form shall include all addresses from which the applicant for a winery shipper's license intends to ship wine, including the name and address of any third party, except for a common carrier, authorized to ship wine on behalf of the manufacturer. The  application form shall include an acknowledgement consenting  to the jurisdiction of the Commission, the Illinois  Department of Revenue, and the courts of this State concerning  the enforcement of this Act and any related laws, rules, and  regulations, including authorizing the Department of Revenue  and the Commission to conduct audits for the purpose of  ensuring compliance with Public Act 95-634, and an acknowledgement that the wine manufacturer is in compliance with Section 6-2 of this Act. Any third party, except for a common carrier, authorized to ship wine on behalf of a first-class or second-class wine manufacturer's licensee, a first-class or second-class wine-maker's licensee, a limited wine manufacturer's licensee, or a person who is licensed to make wine under the laws of another state shall also be disclosed by the winery shipper's licensee, and a copy of the written appointment of the third-party wine provider, except for a common carrier, to the wine manufacturer shall be filed with the State Commission as a supplement to the winery shipper's license application or any renewal thereof.  The winery shipper's license holder shall affirm under penalty of perjury, as part of the winery shipper's license application or renewal, that he or she only ships wine, either directly or indirectly through a third-party provider, from the licensee's own production.Except for a common carrier, a third-party provider shipping wine on behalf of a winery shipper's license holder is the agent of the winery shipper's license holder and, as such, a winery shipper's license holder is responsible for the acts and omissions of the third-party provider acting on behalf of the license holder.  A third-party provider, except for a common carrier, that engages in shipping wine into Illinois on behalf of a winery shipper's license holder shall consent to the jurisdiction of the State Commission and the State.  Any third-party, except for a common carrier, holding such an appointment shall, by February 1 of each calendar year and upon request by the State Commission or the Department of Revenue, file with the State Commission a statement detailing each shipment made to an Illinois resident. The statement shall include the name and address of the third-party provider filing the statement, the time period covered by the statement, and the following information:(1) the name, address, and license number of the     winery shipper on whose behalf the shipment was made;(2) the quantity of the products delivered; and(3) the date and address of the shipment.If the Department of Revenue or the State Commission requests a statement under this paragraph, the third-party provider must  provide that statement no later than 30 days after the request is made. Any books, records, supporting papers, and documents containing information and data relating to a statement under this paragraph shall be kept and preserved for a period of 3 years, unless their destruction sooner is authorized, in writing, by the Director of Revenue, and shall be open and available to inspection by the Director of Revenue or the State Commission or any duly authorized officer, agent, or employee of the State Commission or the Department of Revenue, at all times during business hours of the day. Any person who violates any provision of this paragraph or any rule of the State Commission for the administration and enforcement of the provisions of this paragraph is guilty of a Class C misdemeanor. In case of a continuing violation, each day's continuance thereof shall be a separate and distinct offense.The State Commission shall adopt rules as soon as practicable to implement the requirements of Public Act 99-904 and shall adopt rules prohibiting any such third-party appointment of a third-party provider, except for a common carrier, that has been deemed by the State Commission to have violated the provisions of this Act with regard to any winery shipper licensee.A winery shipper licensee must pay to the Department  of Revenue the State liquor gallonage tax under Section 8-1 for  all wine that is sold by the licensee and shipped to a person  in this State. For the purposes of Section 8-1, a winery  shipper licensee shall be taxed in the same manner as a  manufacturer of wine. A licensee who is not otherwise required to register under the Retailers' Occupation Tax Act must  register under the Use Tax Act to collect and remit use tax to  the Department of Revenue for all gallons of wine that are sold  by the licensee and shipped to persons in this State. If a  licensee fails to remit the tax imposed under this Act in  accordance with the provisions of Article VIII of this Act, the  winery shipper's license shall be revoked in accordance  with the provisions of Article VII of this Act. If a licensee  fails to properly register and remit tax under the Use Tax Act  or the Retailers' Occupation Tax Act for all wine that is sold  by the winery shipper and shipped to persons in this  State, the winery shipper's license shall be revoked in  accordance with the provisions of Article VII of this Act.A winery shipper licensee must collect, maintain, and  submit to the Commission on a semi-annual basis the  total number of cases per resident of wine shipped to residents  of this State.      A winery shipper licensed under this subsection (r)  must comply with the requirements of Section 6-29 of this Act.Pursuant to paragraph (5.1) or (5.3) of subsection (a) of Section 3-12, the State Commission may receive, respond to, and investigate any complaint and impose any of the remedies specified in paragraph (1) of subsection (a) of Section 3-12.As used in this subsection, "third-party provider" means any entity that provides fulfillment house services, including warehousing, packaging, distribution, order processing, or shipment of wine, but not the sale of wine, on behalf of a licensed winery shipper.(s) A craft distiller tasting permit license shall allow an Illinois licensed class 1 craft distiller or class 2 craft distiller to transfer a portion of its alcoholic liquor inventory from its class 1 craft distiller or class 2 craft distiller licensed premises to the premises specified in the license hereby created and to conduct a sampling, only in the premises specified in the license hereby created, of the transferred alcoholic liquor in accordance with subsection (c) of Section 6-31 of this Act. The transferred alcoholic liquor may not be sold or resold in any form.  An applicant for the craft distiller tasting 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.(t) A brewer warehouse permit may be issued to the holder of a class 1 brewer license or a class 2 brewer license. If the holder of the permit is a class 1 brewer licensee, the brewer warehouse permit shall allow the holder to store or warehouse up to 930,000 gallons of tax-determined beer manufactured by the holder of the permit at the premises specified on the permit. If the holder of the permit is a class 2 brewer licensee, the brewer warehouse permit shall allow the holder to store or warehouse up to 3,720,000 gallons of tax-determined beer manufactured by the holder of the permit at the premises specified on the permit. Sales to non-licensees are prohibited at the premises specified in the brewer warehouse permit.(u) A distilling pub license shall allow the licensee to only (i) manufacture up to 5,000 gallons of spirits per year  only on the premises specified in the license, (ii) make sales  of the spirits manufactured on the premises or, with the  approval of the State Commission, spirits manufactured on another distilling pub licensed premises that is wholly owned   and operated by the same licensee to importing distributors and  distributors and to non-licensees for use and consumption,  (iii) store the spirits upon the premises, (iv) sell and offer  for sale at retail from the licensed premises for off-premises  consumption no more than 5,000 gallons per year so long as such sales are only made in-person, (v) sell and offer for sale at retail for use and consumption on the premises specified in the  license any form of alcoholic liquor purchased from a licensed  distributor or importing distributor, and (vi) with the prior  approval of the State Commission, annually transfer no more than 5,000 gallons of spirits manufactured on the premises to a   licensed distilling pub wholly owned and operated by the same  licensee.A distilling pub licensee shall not under any circumstance  sell or offer for sale spirits manufactured by the distilling  pub licensee to retail licensees.A person who holds a class 2 craft distiller license may  simultaneously hold a distilling pub license if the class 2 craft  distiller (i) does not, under any circumstance, sell or offer  for sale spirits manufactured by the class 2 craft distiller to retail  licensees; (ii) does not hold more than 3 distilling pub  licenses in this State; (iii) does not manufacture more than a  combined 100,000 gallons of spirits per year, including the  spirits manufactured at the distilling pub; and (iv) is not a  member of or affiliated with, directly or indirectly, a  manufacturer that produces more than 100,000 gallons of spirits per year or any other alcoholic liquor.(v) A craft distiller warehouse permit may be issued to the  holder of a class 1 craft distiller or class 2 craft distiller license. The craft  distiller warehouse permit shall allow the holder to store or  warehouse up to 500,000 gallons of spirits manufactured by the  holder of the permit at the premises specified on the permit.  Sales to non-licensees are prohibited at the premises specified  in the craft distiller warehouse permit.(w) A beer showcase permit license shall allow an Illinois-licensed distributor to transfer a portion of its beer inventory from its licensed premises to the premises specified in the beer showcase permit license, and, in the case of a class 3 brewer, transfer only beer the class 3 brewer manufactures from its licensed premises to the premises specified in the beer showcase permit license; and to sell or offer for sale at retail, only in the premises specified in the beer showcase permit license, the transferred or delivered beer for on or off premise consumption, but not for resale in any form and to sell to non-licensees not more than 96 fluid ounces of beer per person. A beer showcase permit license may be granted for the following time periods: one day or less; or 2 or more days to a maximum of 15 days per location in any 12-month period. An applicant for a beer showcase 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. The State Commission shall require the beer showcase applicant to comply with Section 6-27.1. (Source: P.A. 101-16, eff. 6-14-19; 101-31, eff. 6-28-19; 101-81, eff. 7-12-19; 101-482, eff. 8-23-19; 101-517, eff. 8-23-19; 101-615, eff. 12-20-19; 101-668, eff. 1-1-22; 102-442, eff. 8-20-21.)