2023 Illinois Compiled Statutes › Chapter 235 - LIQUOR › 235 ILCS 5/ - Liquor Control Act of 1934. › Article I - Construction

(235 ILCS 5/Art. I heading)
ARTICLE I.  
		CONSTRUCTION
(235 ILCS 5/1-1) (from Ch. 43, par. 93.9)
Sec. 1-1. 
		
		This Act may be cited as the Liquor Control Act of 1934.
(Source: P.A. 86-1475.)
(235 ILCS 5/1-2) (from Ch. 43, par. 94)
Sec. 1-2. 
This Act shall be liberally construed, to the end
that the health,
safety, and welfare of the People of the State of Illinois shall be
protected and temperance in the consumption of alcoholic liquors shall be
fostered and promoted by sound and careful control and regulation of the
manufacture, sale, and distribution of alcoholic liquors. The State Commission may not enforce any trade practice policy or other rule that was not adopted in accordance with the Illinois Administrative Procedure Act.
(Source: P.A. 99-46, eff. 7-15-15.)
(235 ILCS 5/1-3) (from Ch. 43, par. 95)
Sec. 1-3. 
		
		Unless the context otherwise requires, words and phrases are used
in this Act in the sense given them in the Sections following this
Section and preceding Section 2-1.
(Source: P.A. 91-357, eff. 7-29-99.)
(235 ILCS 5/1-3.01) (from Ch. 43, par. 95.01)
Sec. 1-3.01. 
		
		"Alcohol" means the product of distillation of any fermented
liquid, whether rectified or diluted, whatever may be the origin thereof,
and includes synthetic ethyl alcohol. It does not include denatured alcohol
or wood alcohol.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.02) (from Ch. 43, par. 95.02)
Sec. 1-3.02. 
		
		"Spirits" means any beverage which contains alcohol
obtained by
distillation, mixed with water or other substance in solution, and includes
brandy, rum, whiskey, gin, or other spirituous liquors, and such liquors
when rectified, blended or otherwise mixed with alcohol or other
substances.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.03) (from Ch. 43, par. 95.03)
Sec. 1-3.03. 
"Wine" means any alcoholic beverage obtained
by the fermentation
of the natural contents of fruits, vegetables, or honey, containing sugar,
including mead and such beverages when fortified by the addition of alcohol or
spirits, as above defined.
(Source: P.A. 102-442, eff. 8-20-21.)
(235 ILCS 5/1-3.04) (from Ch. 43, par. 95.04)
Sec. 1-3.04. 
		
		"Beer" means a beverage obtained by the alcoholic fermentation of
an infusion or concoction of barley, or other grain, malt, and hops in
water, and includes, among other things, beer, ale, stout, lager beer,
porter and the like.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.05) (from Ch. 43, par. 95.05)
Sec. 1-3.05. 
		
		"Alcoholic liquor" includes alcohol, spirits, wine and beer, and
every liquid or solid, patented or not, containing alcohol, spirits, wine
or beer, and capable of being consumed as a beverage by a human being. The
provisions of this Act shall not apply to alcohol used in the manufacture
of denatured alcohol produced in accordance with Acts of Congress and
regulations promulgated thereunder, nor to any liquid or solid containing
one-half of one per cent, or less, of alcohol by volume. No tax provided
for in Article VIII of this Act shall apply to wine intended for use and
used by any church or religious organization for sacramental purposes,
provided that such wine shall be purchased from a licensed manufacturer or
importing distributor under this Act.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.06) (from Ch. 43, par. 95.06)
Sec. 1-3.06. 
		
		"Original package" means any bottle, flask, jug, can, cask,
barrel, keg, hogshead or other receptacle or container, whatsoever, used,
corked or capped, sealed and labeled by the manufacturer of alcoholic
liquor, to contain and to convey any alcoholic liquor.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.07) (from Ch. 43, par. 95.07)
Sec. 1-3.07. 
		
		"Distiller" means a person who distills, ferments, brews, makes,
mixes, concocts, processes, blends, bottles or fills an original package
with any alcoholic liquor.
The above definition for a distiller includes a manufacturer of wine,
but does not include a manufacturer of beer or bottler of wine.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.08) (from Ch. 43, par. 95.08)
Sec. 1-3.08. 
		
		"Manufacturer" means every brewer, fermenter, distiller,
rectifier, wine maker, blender, processor, bottler or person who fills or
refills an original package, whether for himself or for another, and others
engaged in brewing, fermenting, distilling, rectifying or bottling
alcoholic liquors as above defined.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.09) (from Ch. 43, par. 95.09)
Sec. 1-3.09. 
		
		"Brewer" means a person who is engaged in the manufacture of
beer.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.10) (from Ch. 43, par. 95.10)
Sec. 1-3.10. 
		
		"Non-beverage user" means every manufacturer of any of the
products set forth and described in subsection (a) of Section 8-1 of
this Act, when the same contains alcoholic liquor, and all
laboratories and hospitals and sanatoria using alcoholic liquor for
non-beverage purposes.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.11) (from Ch. 43, par. 95.11)
Sec. 1-3.11. 
		
		"Wine-manufacturer" means a person who is engaged in the
manufacture of wine.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.12) (from Ch. 43, par. 95.12)
Sec. 1-3.12. 
		
		"Wine-maker" means a person engaged in the
making of less than 50,000 gallons of wine annually other than a person
issued a
Second Class wine-maker's license.
(Source: P.A. 92-378, eff. 8-16-01.)
(235 ILCS 5/1-3.13) (from Ch. 43, par. 95.13)
Sec. 1-3.13. 
		
		"Manufacture" means to distill, rectify, ferment, brew,
make, mix, concoct, process, blend, bottle or fill an original package
with an alcoholic liquor, whether for oneself or for another, and
includes blending but does not include the mixing or other preparation
of drinks for serving by those persons authorized and permitted in this
Act to serve drinks for consumption on the premises where sold. All
containers or packages of blended alcoholic liquors shall have affixed
thereto a label setting forth and stating clearly the names of all
ingredients which the blended alcoholic liquors offered for sale shall
contain.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.14) (from Ch. 43, par. 95.14)
Sec. 1-3.14. 
		
		"Rectifier," means any person who rectifies,
ferments, brews,
makes, mixes, concocts, processes, blends, bottles or fills an original
package with any alcoholic liquor, other than by original or continuous
distillation.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.15) (from Ch. 43, par. 95.15)
Sec. 1-3.15. 
		
		"Distributor" means any person, other than a manufacturer
or non-resident dealer licensed under this Act, who is engaged in this
State in purchasing,
storing, possessing or warehousing any alcoholic liquors for resale or
reselling at wholesale, whether within or without this State.
(Source: P.A. 83-1254.)
(235 ILCS 5/1-3.16) (from Ch. 43, par. 95.16)
Sec. 1-3.16. 
		
		"Importing distributor" means any person other than a
non-resident dealer licensed under this Act who
imports into this
State, from any point in the United States outside this State, whether for
himself or for another, any alcoholic liquors for sale or resale, or for
use in the manufacture, preparation or compounding of products other than
alcoholic liquors, or who imports into this State, from any point in the
United States outside this State, for consumption in any one calendar year,
more than one gallon of such liquors.
(Source: P.A. 83-1254.)
(235 ILCS 5/1-3.17) (from Ch. 43, par. 95.17)
Sec. 1-3.17. 
		
		"Retailer" means a person who sells, or offers for sale,
alcoholic liquor for use or consumption and not for resale in any form.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.17.1) (from Ch. 43, par. 95.17.1)
Sec. 1-3.17.1. 
"Special event retailer" means an educational,
fraternal, political, civic, religious, or non-profit organization which
sells or offers for sale beer, spirits, or wine, or any combination thereof, only for consumption at the
location and on the dates designated by a special event retail license.
(Source: P.A. 100-17, eff. 6-30-17.)
(235 ILCS 5/1-3.18) (from Ch. 43, par. 95.18)
Sec. 1-3.18. 
		
		"Sell at retail" and "sale at retail" refer
to and mean sales for
use or consumption and not for resale in any form.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.19) (from Ch. 43, par. 95.19)
Sec. 1-3.19. 
		
		"State Commission" means the Illinois Liquor
Control Commission.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.20) (from Ch. 43, par. 95.20)
Sec. 1-3.20. 
		"Department" means the Department of Revenue.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.21) (from Ch. 43, par. 95.21)
Sec. 1-3.21. 
		
		"Sale" means any transfer, exchange or barter
in any manner, or
by any means whatsoever, including the transfer of alcoholic liquors by and
through the transfer or negotiation of warehouse receipts or certificates,
and includes and means all sales made by any person, whether principal,
proprietor, agent, servant or employee. The term "sale" includes any
transfer of alcoholic liquor from a foreign importer's license to an
importing distributor's license even if both licenses are held by the same
person.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.22) (from Ch. 43, par. 95.22)
Sec. 1-3.22. 
		
		"To sell" includes to keep or expose for sale
and to keep with
intent to sell.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.23) (from Ch. 43, par. 95.23)
Sec. 1-3.23. 
		
		"Restaurant" means any public place kept, used, maintained,
advertised and held out to the public as a place where meals are served,
and where meals are actually and regularly served, without sleeping
accommodations, such space being provided with adequate and sanitary
kitchen and dining room equipment and capacity and having employed therein
a sufficient number and kind of employees to prepare, cook and serve
suitable food for its guests.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.24) (from Ch. 43, par. 95.24)
Sec. 1-3.24. 
		
		"Club" means a corporation organized under the laws of this
State, not for pecuniary profit, solely for the promotion of some common
object other than the sale or consumption of alcoholic liquors, kept, used
and maintained by its members through the payment of annual dues, and
owning, hiring or leasing a building or space in a building, of such extent
and character as may be suitable and adequate for the reasonable and
comfortable use and accommodation of its members and their guests and
provided with suitable and adequate kitchen and dining room space and
equipment and maintaining a sufficient number of servants and employees for
cooking, preparing and serving food and meals for its members and their
guests; provided, that such club files with the local liquor control
commissioner at the time of its application for a license under this Act
two copies of a list of names and residences of its members, and similarly
files within 10 days of the election of any additional member his or her
name and address; and, provided further, that its affairs and management
are conducted by a board of directors, executive committee, or similar body
chosen by the members at their annual meeting and that no member or any
officer, agent, or employee of the club is paid, or directly or indirectly
receives, in the form of salary or other compensation any profits from the
distribution or sale of alcoholic liquor to the club or the members of the
club or its guests introduced by members beyond the amount of such salary
as may be fixed and voted at any annual meeting by the members or by its
board of directors or other governing body out of the general revenue of
the club.
(Source: P.A. 84-551.)
(235 ILCS 5/1-3.25) (from Ch. 43, par. 95.25)
Sec. 1-3.25. 
"Hotel" means every building or other structure kept, used,
maintained, advertised and held out to the public to be a place where food
is actually served and consumed and sleeping accommodations are offered for
adequate pay to travelers and guests, whether transient, permanent or
residential, in which twenty-five (25) or more rooms are used for the
sleeping accommodations of such guests and having one or more public dining
rooms where meals are served to such guests, such sleeping accommodations
and dining rooms being conducted in the same building or buildings in
connection therewith and such building or buildings, structure or
structures being provided with adequate and sanitary kitchen and dining
room equipment and capacity. All public dining rooms, banquet rooms, meeting rooms, room service areas, mini-bars, and other locations within or adjacent to a hotel in which alcoholic liquors are stored, offered for sale, or sold at retail shall be considered part of the hotel's licensed premises if those locations within or adjacent to the hotel are owned and managed by the hotel operator.  As part of the hotel's licensed premises, each and all of those locations within or adjacent to the hotel shall be maintained and managed pursuant to a single retailer's license issued by the State Commission to the hotel operator, regardless of the number of local retailer licenses mandated by the local unit of government having jurisdiction over the hotel.  Public dining rooms and other locations within or adjacent to a hotel that are owned or managed by a person other than the hotel operator and are licensed by the local unit of government having jurisdiction over the hotel to a person other than the hotel operator are not considered part of the hotel's licensed premises for purposes of this Act and, as such, must be maintained and operated under separate retailer's licenses.
(Source: P.A. 99-46, eff. 7-15-15.)
(235 ILCS 5/1-3.26) (from Ch. 43, par. 95.26)
Sec. 1-3.26. 
		(Repealed).
(Source: P.A. 82-783.  Repealed by P.A. 89-250, eff. 1-1-96.)
(235 ILCS 5/1-3.27) (from Ch. 43, par. 95.27)
Sec. 1-3.27. 
		
		"Foreign importer" means anyone other than a non-resident
dealer licensed under this Act who imports
into this State,
from any point outside the United States, any alcoholic liquors other than
in bulk for sale to a licensed importing distributor.
(Source: P.A. 83-1254.)
(235 ILCS 5/1-3.28) (from Ch. 43, par. 95.28)
Sec. 1-3.28. 
		
		"Broker" means (i) a person who solicits orders for or
offers to sell or supply alcoholic liquors to retailers for a fee or
commission, for or on behalf of a person authorized to manufacture or sell at
wholesale alcoholic liquors within or without the State or (ii)
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.
(Source: P.A. 90-739, eff. 8-13-98.)
(235 ILCS 5/1-3.29) (from Ch. 43, par. 95.29)
Sec. 1-3.29. 
		
		"Non-resident dealer" means any person, firm, partnership,
corporation or other legal business entity who or which exports into this
State, from any point outside of this State, any alcoholic liquors for sale
to Illinois licensed foreign importers or importing distributors.  Such
license shall be restricted to the actual manufacturer of such alcoholic
liquors or the primary United States importer of such alcoholic liquors,
if manufactured outside of the United States, or the duly registered agent
of such manufacturer or importer.  Registration of such agent with the State
Commission, in such manner and form as it may prescribe, shall be a prerequisite
to the issuance of such license to an agent.
Any licensed Illinois manufacturer of Class 1, Class 2, or Class 3 may
obtain a Non-Resident Dealer's License at no fee.  A manufacturer whose
production of alcoholic liquor is less than 500,000 gallons per year may
obtain a Non-Resident Dealer's License for an annual fee of $75.
(Source: P.A. 82-783.)
(235 ILCS 5/1-3.30) (from Ch. 43, par. 95.30)
Sec. 1-3.30. 
		
		"Special event" means an event conducted by an
educational, fraternal, political, civic, religious or non-profit organization.
(Source: P.A. 86-404.)
(235 ILCS 5/1-3.31) (from Ch. 43, par. 95.31)
Sec. 1-3.31. 
		
		"Limited wine manufacturer" means a wine manufacturer
which uses only grapes, berries, other fruits, fruit products, honey and
vegetables produced or grown in Illinois, except as follows: (i) during the
first 36 months of operation after first being issued a license it may use
as much as 100% imported products; (ii) during the following 24 months it
may use as much as 80% imported products; and (iii) thereafter it may use as
much as 60% imported products.  The maximum allowances on use of imported
products may be temporarily increased in any year in which there is a crop
shortage or severe drought in such percentages as determined by the
Director of the Department of Agriculture.
(Source: P.A. 86-858; 86-1028.)
(235 ILCS 5/1-3.32)
Sec. 1-3.32. 
		
		"Auction liquor license" means a person who obtains
prior written approval from the State Commission to sell or offer for sale at
auction, on a specified date, wine or spirits for private use or consumption,
or for resale by an Illinois liquor licensee in accordance with the provisions
of this Act.
(Source: P.A. 88-91.)
(235 ILCS 5/1-3.33)
Sec. 1-3.33. 
"Brew Pub" means a person who manufactures no more than 155,000 gallons of beer per year only at a
designated licensed premises to make sales to importing distributors, distributors,
and to non-licensees for use and consumption only, who stores beer
at the designated premises, and who is allowed to sell at retail from the
licensed premises, provided that a brew pub licensee shall not sell for
off-premises consumption more than 155,000 gallons per year.
(Source: P.A. 99-448, eff. 8-24-15.)
(235 ILCS 5/1-3.34)
Sec. 1-3.34. 
		
		"Caterer retailer" means a person who serves alcoholic liquors
for consumption, either on-site or off-site, whether the location is licensed
or unlicensed, as an incidental part of food service.  Prepared meals and
alcoholic liquors are sold at a package price agreed upon under contract.
(Source: P.A. 88-91.)
(235 ILCS 5/1-3.35)
Sec. 1-3.35. 
		Special use permit license. 
		"Special use permit license"
means a license for use by a
retailer to allow for the transfer of alcoholic beverages from an existing
licensed retail premises to a designated site for a specific
event.
(Source: P.A. 88-91; 89-250, eff. 1-1-96.)
(235 ILCS 5/1-3.36)
Sec. 1-3.36. 
		Private function. 
		"Private function" means a prearranged
private party, function, or event for a
specific social or
business occasion, either by invitation or reservation and not open to the
general public, where the guests in attendance are served in a room or rooms
designated and used exclusively for the private party, function, or event.
(Source: P.A. 89-250, eff. 1-1-96.)
(235 ILCS 5/1-3.37)
Sec. 1-3.37. (Repealed).
(Source: P.A. 90-77, eff. 7-8-97. Repealed by P.A. 102-278, eff. 8-6-21.)
(235 ILCS 5/1-3.38)
Sec. 1-3.38. Class 1 brewer. "Class 1 brewer" means a person who is a holder of a brewer license or non-resident dealer license who manufactures up to 930,000 gallons of beer per year and who 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.
(Source: P.A. 98-401, eff. 8-16-13; 99-448, eff. 8-24-15.)
(235 ILCS 5/1-3.39)
Sec. 1-3.39. Homemade brewed beverage. "Homemade brewed beverage" means beer or any other beverage obtained by the alcoholic fermentation of an infusion or concoction of grains, sugars, or both in water and includes, but is not limited to, beer, mead, and cider  made by a person 21 years of age or older, through his or her own efforts, fermented at his or her place of residence, fermented at another place of residence of a homemade brewed beverage brewer, or fermented at a premises of a commercial enterprise that is engaged primarily in selling supplies and equipment for use by home brewers and not for a commercial purpose but for consumption by that person or his or her family, neighbors, guests, and friends or for use at an exhibition, demonstration, judging, tasting, or sampling with sampling sizes as authorized by Section 6-31 of this Act or as part of a contest or competition authorized by Section 6-36 of this Act.
(Source: P.A. 98-55, eff. 7-5-13.)
(235 ILCS 5/1-3.40)
Sec. 1-3.40. Manufacturer class license holder. "Manufacturer class license holder" means any holder of a Manufacturer's license as provided in Section 5-1 of this Act.  The Manufacturer's licenses are: a Class 1. Distiller, a Class 2. Rectifier, a Class 3. Brewer, a Class 4. First Class Wine Manufacturer, a Class 5. Second Class Wine Manufacturer, a Class 6. First Class Winemaker, a Class 7. Second Class Winemaker, a Class 8. Limited Wine Manufacturer, a Class 9. Craft Distiller, a Class 10. Class 1 Craft Distiller, a Class 11. Class 2 Craft Distiller, a Class 12. Class 1 Brewer, and a Class 13. Class 2 Brewer, and any future Manufacturer's licenses established by law.
(Source: P.A. 101-482, eff. 8-23-19; 101-615, eff. 12-20-19.)
(235 ILCS 5/1-3.41)
Sec. 1-3.41. Non-alcoholic merchandise. "Non-alcoholic merchandise" means any good or commodity that contains less than 0.5 percent alcohol by volume. For purposes of this Act, "non-alcoholic merchandise" does not include trade fixtures, equipment, or furnishings that are used or intended for the limited purpose of storing, servicing, displaying, advertising, furnishing, selling, or aiding in the sale of alcoholic liquors.
(Source: P.A. 99-282, eff. 8-5-15.)
(235 ILCS 5/1-3.42)
Sec. 1-3.42. Class 2 brewer. "Class 2 brewer" means a person who is a holder of a brewer license or non-resident dealer license who manufactures up to 3,720,000 gallons of beer per year for sale to a licensed  importing distributor or distributor.
(Source: P.A. 99-448, eff. 8-24-15; 99-642, eff. 7-28-16.)
(235 ILCS 5/1-3.43)
Sec. 1-3.43. Beer showcase permit.  "Beer showcase permit" means a license for use by a class 3 brewer or distributor to allow for the transfer of beer only from an existing licensed premises of a class 3 brewer or distributor to a designated site for a specific event.
(Source: P.A. 102-442, eff. 8-20-21; 103-154, eff. 6-30-23.)
(235 ILCS 5/1-3.44)
Sec. 1-3.44. Class 3 brewer.  "Class 3 brewer" means a holder of a brewer's license or a non-resident dealer's license who manufactures no more than 155,000 gallons at any single brewery premises and no more than 465,000 gallons of beer per year in the aggregate, and to make sales to importing distributors, distributors, and retail licensees in accordance with the conditions set forth in paragraph (20) of subsection (a) of Section 3-12.
(Source: P.A. 102-442, eff. 8-20-21.)