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.
(Source: P.A. 82‑783.) |
(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, or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as above defined.
(Source: P.A. 82‑783.) |
(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 or wine, or both, only for consumption at the location and on the dates designated by a special event retail license.
(Source: P.A. 86‑404.) |
(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.
(Source: P.A. 82‑783.) |
(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 beer only at a designated 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 50,000 gallons per year.
(Source: P.A. 90‑432, eff. 1‑1‑98.) |
(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. "Council" means the Grape and Wine Resources Council.
(Source: P.A. 90‑77, eff. 7‑8‑97.) |