Chapter 235 — LIQUOR

(235 ILCS 5/1-3.47) (This Section may contain text from a Public Act with a delayed effective date) Sec. 1-3.47. Class 3 craft distiller. "Class 3 craft distiller" means a person who is a holder of a distiller license or a non-resident dealer license who manufactures no more than…

(235 ILCS 5/1-3.48) (This Section may contain text from a Public Act with a delayed effective date) Sec. 1-3.48. Spirits showcase permit. "Spirits showcase permit" means a license for use by a class 1 craft distiller, class 2 craft distiller, or class 3 craft distiller to allow f…

(235 ILCS 5/10-1) (from Ch. 43, par. 183) Sec. 10-1. Violations; penalties. Whereas a substantial threat to the sound and careful control, regulation, and taxation of the manufacture, sale, and distribution of alcoholic liquors exists by virtue of individuals who manufacture, imp…

(235 ILCS 5/10-10) (from Ch. 43, par. 192) Sec. 10-10. Upon the issuance of any such search warrant, it shall be the duty of the officers executing the same to forthwith enter the house, building, premises, boat, vehicle, receptacle or other place therein described, either in the…

(235 ILCS 5/10-2) (from Ch. 43, par. 184) Sec. 10-2. If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person, shall knowingly permit the licensee to use said licensed premise…

(235 ILCS 5/10-3) (from Ch. 43, par. 185) Sec. 10-3. Every act or omission of whatsoever nature constituting a violation of any of the provisions of this Act, by any officer, director, manager or other agent or employee of any licensee, shall be deemed and held to be the act of s…

(235 ILCS 5/10-4) (from Ch. 43, par. 186) Sec. 10-4. Whenever any licensee shall be convicted of any violation of this Act, the licenses of said licensee may, in the discretion of the State commission or of the local commissioner, (whichever has jurisdiction) be revoked and forfe…

(235 ILCS 5/10-5) (from Ch. 43, par. 187) Sec. 10-5. Whenever any officer, director, manager, or other employee in a position of authority of any licensee under this Act shall be convicted of any violation of this Act while engaged in the course of his employment or while upon th…

(235 ILCS 5/10-6) (from Ch. 43, par. 188) Sec. 10-6. Any person who shall knowingly possess, sell, ship, transport or in any wise dispose of any alcoholic liquor under any other than the proper name or brand known to the trade as designating the kind and quality of the contents o…

(235 ILCS 5/10-7) (from Ch. 43, par. 189) Sec. 10-7. Every lot, parcel or tract of land, and every building, structure, tent, railroad car, boat, wagon, vehicle, establishment or place whatsoever, together with all furniture, fixtures, ornaments and machinery located thereon, whe…

(235 ILCS 5/10-7.1) (from Ch. 43, par. 189.1) Sec. 10-7.1. The State Commission, upon receipt of a complaint or upon having knowledge that any person is engaged in the business as a manufacturer, importing distributor, distributor, or retailer without a license or valid license, …

(235 ILCS 5/10-8) (from Ch. 43, par. 190) Sec. 10-8. Whenever complaint is made in writing, verified by affidavit, to any judge of the circuit court, that complainant has just and reasonable grounds to believe and does believe that alcoholic liquor is manufactured, possessed, kep…

(235 ILCS 5/10-9) (from Ch. 43, par. 191) Sec. 10-9. If the judge before whom any such complaint is made is satisfied that there is reasonable cause for such belief, he shall issue a warrant directed to any peace officer having jurisdiction, commanding him forthwith to enter the …

(235 ILCS 5/11-1) (from Ch. 43, par. 193) Sec. 11-1. The articles, provisions and sections of this Act shall be deemed to be separable and the invalidity of any portion of this Act shall not affect the validity of the remainder. (Source: P.A. 82-783.)

(235 ILCS 5/11-2) (from Ch. 43, par. 194) Sec. 11-2. The Act in relation to the manufacture, possession and sale of malt and vinous beverages, approved April 26, 1933, as amended is hereby repealed. All other laws in conflict with this Act, or any of the provisions hereof, in so …

(235 ILCS 5/2-1) (from Ch. 43, par. 96) Sec. 2-1. No person shall manufacture, bottle, blend, sell, barter, transport, transfer into this State from a point outside this State, deliver, furnish or possess any alcoholic liquor for beverage purposes, unless such person has been iss…

(235 ILCS 5/3-1) (from Ch. 43, par. 97) Sec. 3-1. There is hereby created an Illinois Liquor Control Commission consisting of 7 members to be appointed by the Governor with the advice and consent of the Senate, no more than 4 of whom shall be members of the same political party. …

(235 ILCS 5/3-10) (from Ch. 43, par. 106) Sec. 3-10. The commissioners, the secretary, the Executive Director, and all clerks, inspectors, and other employees shall be reimbursed for all actual and necessary traveling and other expenses and disbursements incurred or made by them …

(235 ILCS 5/3-11) (from Ch. 43, par. 107) Sec. 3-11. Principal office; meetings; seal; proceedings. The principal office of the Commission shall be in Chicago, but the Commission may, with the approval of the Governor, establish and maintain branch offices at other places. The Co…

(235 ILCS 5/3-12) (Text of Section before amendment by P.A. 104-451) Sec. 3-12. Powers and duties of State Commission. (a) The State Commission shall have the following powers, functions, and duties: (1) To receive applications and to issue licenses to manufacturers, foreign impo…

(235 ILCS 5/3-13) (from Ch. 43, par. 108a) Sec. 3-13. The provisions of "The Illinois Administrative Procedure Act", as now or hereafter amended, are hereby expressly adopted and incorporated herein as though a part of this Act, and shall apply to all administrative rules and pro…

(235 ILCS 5/3-14) (from Ch. 43, par. 109) Sec. 3-14. Issuance of license by Commission. Nothing contained in this Act shall, however, be construed to permit the State Commission to issue any license, other than manufacturer's, foreign importer's, importing distributor's, non-resi…

(235 ILCS 5/3-2) (from Ch. 43, par. 98) Sec. 3-2. Immediately, or soon as may be after the effective date of this Act, the Governor shall appoint 3 members of the commission, one of whom shall be designated as "Chairman", one to hold office for a period of 2 years, one to hold of…

(235 ILCS 5/3-20) Sec. 3-20. State Commission; separation from the Department of Revenue. (a) Executive Order No. 2003-9 is hereby superseded by this amendatory Act of the 100th General Assembly to the extent that Executive Order No. 2003-9 transferred clerks, management and staf…

(235 ILCS 5/3-3) (from Ch. 43, par. 99) Sec. 3-3. A majority of the commission shall constitute a quorum to transact business, but no vacancy shall impair the right of the remaining commissioners to exercise all of the powers of the commission; and every act of a majority of the …

(235 ILCS 5/3-4) (from Ch. 43, par. 100) Sec. 3-4. Authority to conduct investigations. The State Commission shall obtain, pursuant to the provisions of the Personnel Code, such inspectors, clerks, and other employees as may be necessary to carry out the provisions of this Act, o…

(235 ILCS 5/3-4.1) Sec. 3-4.1. Obtaining evidence. The State Commission has the power to expend sums that the Executive Director deems necessary for the purchase of evidence and for the employment of persons to obtain evidence. The sums shall be advanced to employees authorized b…

(235 ILCS 5/3-5) (from Ch. 43, par. 101) Sec. 3-5. Each commissioner, the secretary, the Executive Director, and each person appointed by the commission shall, before entering upon the duties of his or her office, take and subscribe to the constitutional oath of office. The secre…

(235 ILCS 5/3-6) (from Ch. 43, par. 102) Sec. 3-6. No person shall be appointed a commissioner, secretary, Executive Director, or inspector for the commission who is not a citizen of the United States. No commissioner, secretary, Executive Director, inspector, or other employee s…

(235 ILCS 5/3-7) (from Ch. 43, par. 103) Sec. 3-7. No commissioner, secretary, Executive Director, or person appointed or employed by the commission, shall solicit or accept any gift, gratuity, emolument or employment from any person subject to the provisions of this Act, or from…

(235 ILCS 5/3-8) (from Ch. 43, par. 104) Sec. 3-8. Before entering upon the duties of his office, each commissioner shall give a bond, with surety to be approved by the Governor, in the sum of five thousand dollars ($5,000) for the faithful performance of his duties as such commi…

(235 ILCS 5/3-9) (from Ch. 43, par. 105) Sec. 3-9. Compensation of commissioners, secretary, and employees. The chairman of the Commission shall receive an annual salary of $32,000 or such greater amount as may be set by the Compensation Review Board. The other commissioners shal…

(235 ILCS 5/4-1) (from Ch. 43, par. 110) Sec. 4-1. In every city, village or incorporated town, the city council or president and board of trustees, and in counties in respect of territory outside the limits of any such city, village or incorporated town the county board shall ha…

(235 ILCS 5/4-2) (from Ch. 43, par. 111) Sec. 4-2. The mayor or president of the board of trustees of each city, village or incorporated town or his or her designee, and the president or chairman of the county board or his or her designee, shall be the local liquor control commis…

(235 ILCS 5/4-3) (from Ch. 43, par. 111a) Sec. 4-3. The city council of each city and the president and board of trustees of each village and incorporated town and the county board are authorized to fix and pay compensation to the local liquor control commissioner of the particul…

(235 ILCS 5/4-4) (from Ch. 43, par. 112) Sec. 4-4. Each local liquor control commissioner shall also have the following powers, functions, and duties with respect to licenses, other than licenses to manufacturers, importing distributors, distributors, foreign importers, non-resid…

(235 ILCS 5/4-5) (from Ch. 43, par. 113) Sec. 4-5. The local liquor control commissioner shall have the right to examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension …

(235 ILCS 5/4-6) (from Ch. 43, par. 114) Sec. 4-6. When, in this Act, the local liquor control commissioner shall be referred to, it shall include any committee or other agency appointed by such local liquor control commissioner. (Source: P.A. 82-783.)

(235 ILCS 5/4-7) (from Ch. 43, par. 114a) Sec. 4-7. The local liquor control commissioner shall have the right to require fingerprints of any applicant for a local license or for a renewal thereof other than an applicant who is an air carrier operating under a certificate or a fo…

(235 ILCS 5/5-1) (from Ch. 43, par. 115) (Text of Section from P.A. 104-451, Section 5) Sec. 5-1. Licenses issued by the Illinois Liquor Control Commission shall be of the following classes: (a) Manufacturer's license - Class 1. Distiller, Class 2. Rectifier, Class 3. Brewer, Cla…

(235 ILCS 5/5-2) (from Ch. 43, par. 117) Sec. 5-2. All licenses, except a non-beverage user's, a special use permit, and a special event retailer's license, issued by the State Commission, shall be valid from the date of issuance through the last day of the eleventh month that be…

(235 ILCS 5/5-3) (from Ch. 43, par. 118) (Text of Section before amendment by P.A. 104-451) Sec. 5-3. License fees. Except as otherwise provided herein, at the time application is made to the State Commission for a license of any class, the applicant shall pay to the State Commis…

(235 ILCS 5/5-4) (from Ch. 43, par. 118.1) Sec. 5-4. Duplicate license; fee. In the event of the loss or destruction of a license issued pursuant to this Article the State Commission, upon written application stating such fact and accompanied by the required fee, shall issue a du…

(235 ILCS 5/5-5) Sec. 5-5. Late filing fees. In the event that a liquor license holder fails to submit a license renewal application to the Commission before or on the expiration date of the current license, the licensee will be assessed a late filing fee of $25. Late application…

(235 ILCS 5/5-6) Sec. 5-6. FDA grant funds. Grant funds received from the Food and Drug Administration of the U.S. Department of Health and Human Services for conducting unannounced investigations of Illinois tobacco vendors shall be deposited into the Dram Shop Fund until June 3…

(235 ILCS 5/5-7) Sec. 5-7. Temporary liquor license fee deferral. A liquor license holder whose business or business operations have been suspended in any capacity due to any executive order issued on or after March 16, 2020 or any subsequent rule established by the Department of…

(235 ILCS 5/6-1) (from Ch. 43, par. 119) Sec. 6-1. Privilege granted by license; nature as to property; transferability; tax delinquencies. A license shall be purely a personal privilege, good for not to exceed one year after issuance, except a non-beverage user's license, unless…

(235 ILCS 5/6-1.5) Sec. 6-1.5. Three-tier regulatory system; public policy and rule of statutory construction. The General Assembly hereby restates that it is the policy of this State that the primary purpose of this Act is to protect the health, safety, and welfare of this State…

(235 ILCS 5/6-10) (from Ch. 43, par. 126a) Sec. 6-10. Books and records available for investigation and control; maintenance. It shall be the duty of every retail licensee to make books and records available upon reasonable notice for the purpose of investigation and control by t…

(235 ILCS 5/6-11) Sec. 6-11. Sale near churches, schools, and hospitals. (a) No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school other than an institution of higher learning, hospital, home for aged or indigent persons o…