Illinois Administrative Code › Title 86 - REVENUE › Part 420 - LIQUOR CONTROL ACT › Section 420.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of this Part:
"Act" means the Liquor Control Act of 1934 [235 ILCS 5
				].
"Airplane license" means a license described in Section 5-1(j)
				of the Act.
"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.
[235 ILCS
				5/1-3.01 ]
"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 the 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 .5% or less of
				alcohol by volume. No tax provided for in Article VIII of the Act shall apply
				to wine intended for use and used by any church or religious organization for
				sacramental purposes, provided that
the sacramental
wine shall
				be purchased from a licensed manufacturer or importing distributor under the
				Act.
[235 ILCS 5/1-3.05 ]
"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.
[235 ILCS 5/1-3.04 ]
"Brewer" means a person who is engaged in the
				manufacture of beer.
[235 ILCS 5/1-3.09 ]
"Brew pub" means a person who manufactures beer only at
				a designated premises to make sales to importing distributors, distributors,
				and nonlicensees 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 50,000 gallons per year.
[235 ILCS
				5/1-3.33 ]
"Brew pub license" means a license described in Section 5-1(n)
				of the Act.
"Department" means the Department of Revenue
[235 ILCS
				5/1-3.20 ].
"Distributor" means any person, other than a
				manufacturer or nonresident dealer licensed under the 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.
[235 ILCS 5/1-3.15 ]
"Foreign importer" means anyone other than a
				nonresident dealer licensed under the 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
[235 ILCS
				5/1-3.27 ].
"Importing distributor" means any person other than a
				nonresident dealer licensed under the Act who imports into this State, from any
				point in the United States outside this State, whether for himself
or
				herself
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
[235 ILCS
				5/1-3.16 ]. "Importing distributor" includes an
				airplane licensee (see Section 1(j) of the Act).
"Liquor Control Commission" means the commission created by
				Section 3-1 of the Act.
"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 herself
or for another, and others engaged in brewing, fermenting, distilling,
				rectifying or bottling alcoholic liquors as defined
in this Section
				[235 ILCS
				5/1-3.08 ]. "Manufacturer" includes a manufacturer's
				licensee and brew pub licensee.
"Nonresident 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.
A nonresident dealer's
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 the agent with the Liquor Control Commission, in such
				manner and form as it may prescribe, shall be a prerequisite to the issuance
				of
a nonresident dealer's
license to an agent.
[235 ILCS
				5/1-3.29 ]
"Retailer" means a person who sells, or offers for
				sale, alcoholic liquor for use or consumption and not for resale in any
				form.
[235 ILCS 5/1-3.17 ]
"Spirits" means any beverage that contains alcohol
				obtained by distillation, mixed with water or other substance in solution, and
				includes brandy, rum, whiskey, gin or other spirituous liquors, and those
				liquors when rectified, blended or otherwise mixed with alcohol or other
				substances.
[235 ILCS 5/1-3.02 ]
"Wine" means any alcoholic beverage obtained by the
				fermentation of the natural contents of fruits or vegetables containing sugar,
				including those beverages when fortified by the addition of alcohol or spirits,
				as defined
in this Section
.
[235 ILCS
				5/1-3.03 ]
"Winery shipper's license" means a license described in Section
				5-1(r) of the Act.