Chapter 235 — LIQUOR

(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…

(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 al…

(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 rec…

(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 sp…

(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 th…

(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. "Alcoholic …

(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 contai…

(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 manufact…

(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 bre…

(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 san…

(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 n…

(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. (…

(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 …

(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, an…

(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) (Text of Section before amendment by P.A. 104-451) 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 w…

(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 in…

(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…

(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 maintaine…

(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 p…

(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 licens…

(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…

(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 …

(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…

(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 lic…

(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 be…

(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 p…

(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. 88-9…

(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 serve…

(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 distribu…

(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 cide…

(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. Bre…

(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 furnishi…

(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.…

(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 specifi…

(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 aggregat…

(235 ILCS 5/1-3.45) Sec. 1-3.45. Alcohol-infused products. "Alcohol-infused products" means any frozen or unfrozen, solid or semi-solid food in a form other than liquid, including, but not limited to, ice cream, ice pops, whipped cream, gelatin-based products, and other similar p…

(235 ILCS 5/1-3.46) Sec. 1-3.46. Co-branded alcoholic beverage. "Co-branded alcoholic beverage" means any alcoholic liquor containing the same or similar brand name, logo, or packaging as a non-alcoholic beverage. (Source: P.A. 103-904, eff. 1-1-25.)