SB 1831

Abstract

Amends the Liquor Control Act of 1934. Provides that the definition of "beer" includes beverages brewed or fermented wholly or in part from malt products. Provides that 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 to purchase alcoholic liquor from a distributor or importing distributor to be delivered directly to an off-site event. Provides that a special use permit license shall allow the holder to purchase alcoholic liquor from a distributor or importing distributor to be delivered directly to the location specified in the special use permit license. Provides that a special use permit license shall allow the holder, a distributor, or an importing distributor to transfer any inventory from the premises specified in the special use permit license to its retail premises. Provides that, if certain conditions are met, nothing in the Act prohibits a distributor or importing distributor from offering a credit or a refund for unused, salable beer to a special use permit licensee or a caterer retailer or a special use permit licensee or caterer retailer from accepting the credit or refund. In a provision that allows a manufacturer, distributor, or importing distributor to provide permanent outdoor signs to retailers if certain conditions are met, provides that the permanent outside sign shall cost not more than $3,000 per brand (instead of per manufacturer). Contains provisions concerning the servicing of certain systems by a manufacturer, distributor, or importing distributor. Prohibits a distributor or importing distributor from selling or giving coil cleaning services to certain licensees. Authorizes a manufacturer, distributor, or importing distributor to give, sell, or lease dispensing equipment to specified licensees if certain requirements are met. Makes other changes. Senate Floor Amendment No. 1 Deletes reference to: 235 ILCS 5/1-3.04 Adds reference to: 235 ILCS 5/6-5.5 new 235 ILCS 5/8-1 235 ILCS 5/8-5 from Ch. 43, par. 163a Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Removes provisions amending the definition of "beer". Removes brew pubs from provisions authorizing manufacturers, distributors, or importing distributors to give, sell, or lease dispensing equipment to certain licensees. Provides that the term of a lease for dispensing equipment shall not exceed 180 days (instead of 12 months) and no 180-day lease shall be renewed automatically. Removes Waymatics and trailers from a list of items included in the definition of "dispensing equipment". Makes changes to the definitions of "fair market value" for purposes of provisions concerning leasing dispensing equipment and "dispensing equipment". Adds provisions prohibiting the sale of products on consignment or conditional sale. Provides that replacement of alcoholic liquor damaged while in a retailer's possession is a violation of specified provisions of the Act. Provides that transactions involving the bona fide return of products for ordinary and usual commercial reasons arising after the product has been sold are not prohibited. Specifies circumstances that are ordinary and usual commercial reasons for the return of alcoholic liquor products. Provides that nothing in the provisions prohibits a manufacturer with self-distribution privileges, importing distributor, or distributor from accepting the return of beer from a retailer if the beer is near or beyond its freshness date, code date, or other similar date marking the deterioration or freshness of the beer if specified conditions are met. Defines "beer" for the purposes of provisions concerning taxation of beer and specifies that the tax rate for beer is regardless of the alcohol by volume of the beer. In a provision concerning the examination of tax returns of licensees, provides that no earlier than 90 days after the due date of the return, the Department of Revenue may compare filed returns, or any amendments thereto, against reports of sales of alcoholic liquor submitted to the Department by other manufacturers and distributors. Makes other changes. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Removes provisions authorizing a distributor or importing distributor to transfer any inventory from any off-site location to its caterer retailer premises or special use premises at the conclusion of an off-site event. Provides that a caterer retailer or special use permit licensee may engage a distributor or importing distributor to transfer any inventory from any off-site location to its caterer retailer premises or special use premises at the conclusion of an off-site event if specified conditions are met. Removes a provision prohibiting a distributor or importing distributor from selling or giving coil cleaning services to retailers or other specified licensees. Provides that the term of a lease for dispensing equipment shall not exceed 180 days in the aggregate in one calendar year (instead of 180 days) and no lease (instead of 180-day lease) shall be renewed automatically. Provides that there shall be a lapse of 90 (instead of 30) consecutive days before the beginning of a new lease term. Removes a provision authorizing a manufacturer, distributor, or importing distributor to enter into a written lease for the fair market value of dispensing equipment to specified licensees that sell alcoholic liquor at certain events. Makes changes to the definition of "fair market value". Adds an immediate effective date.