Illinois BEER Act

Discussion in 'Great Lakes' started by REVZEB, Mar 26, 2021.

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  1. FBarber

    FBarber Grand High Pooh-Bah (7,325) Mar 5, 2016 Illinois
    Mod Team BA4LYFE Society Pooh-Bah Trader

    It still doesn't have to provision allowing for breweries to deliver directly though, right?
     
    REVZEB likes this.
  2. REVZEB

    REVZEB Grand High Pooh-Bah (7,686) Mar 28, 2013 Illinois
    BA4LYFE Society Pooh-Bah Trader

    “The new law takes effect immediately, allowing permanent curbside pickup, expanding self-distribution privileges for alcohol producers, and establishing a Beer Showcase Permit to help our brewers take their #craftbeer to off-site venues around their communities more often.”
    So maybe?
     
  3. kodt

    kodt Pooh-Bah (2,286) Mar 6, 2013 Illinois
    Pooh-Bah Trader

    I don't think so. Pretty sure the home delivery and direct to consumer shipping provisions were both removed due to distributor lobbying efforts.
     
  4. GrumpyGas

    GrumpyGas Grand Pooh-Bah (4,579) Apr 7, 2009 Illinois
    BA4LYFE Society Pooh-Bah Trader

    (Underlined sections are new, especially section w, below.)
    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, to distributors, to retail licensees (but not more than 6,200 gallons of beer per year to retail licensees within a 10-mile radius of the licensed premises in a city with a population of more than 1,000,000 or within a 50-mile radius of the licensed premises in a city with a population of 1,000,000 or less), and to non-licensees for use and consumption on the premises or off the premises 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 on-premises consumption or off-premises consumption more than 155,000 gallons per year. (Source: P.A. 99-448, eff. 8-24-15.)

    (w) A brewery shipper's license shall allow a person with a brewer license or who is licensed to make beer under the laws of another state to ship beer directly to a resident of this State who is 21 years of age or older for that resident's personal use and not for resale. Prior to receiving a brewery shipper's license, an applicant for the license must provide the State Commission with a true copy of its current license in any state in which it is licensed as a brewer. An applicant for a brewery shipper's license must also complete an application form that provides any other information the State Commission deems necessary. The application form shall include an acknowledgement consenting to the jurisdiction of the State Commission, the Illinois Department of Revenue, and the courts of this State concerning the enforcement of this Act and any related laws, rules, and regulations, including authorizing the Department of Revenue and the State Commission to conduct audits for the purpose of ensuring compliance with this amendatory Act of the 102nd General Assembly. A brewery shipper's licensee must pay to the Department of Revenue the State liquor gallonage tax under Section 8-1 for all beer that is sold by the licensee and shipped to a person in this State. For the purposes of Section 8-1, an out-of-state brewery shipper's licensee shall be taxed in the same manner as a manufacturer of beer. A licensee who is not otherwise required to register under the Retailers' Occupation Tax Act must register under the Use Tax Act to collect and remit use tax to the Department of Revenue for all gallons of beer that are sold by the licensee and shipped to persons in this State. If a licensee fails to remit the tax imposed under this Act in accordance with the provisions of Article VIII of this Act, the brewery shipper's license shall be revoked in accordance with the provisions of Article VII of this Act. If a licensee fails to properly register and remit tax under the Use Tax Act or the Retailers' Occupation Tax Act for all beer
    the brewery shipper's license shall be revoked in
    accordance with the provisions of Article VII of this Act. If a licensee fails to properly register and remit tax under the Use Tax Act or the Retailers' Occupation Tax Act for all beer that is sold by the brewery shipper and shipped to persons in this State, the brewery shipper's license shall be revoked in accordance with the provisions of Article VII of this Act. A brewery shipper's licensee must collect, maintain, and submit to the State Commission on a semi-annual basis the total gallons of beer per resident shipped to residents of
    this State. A brewery shipper licensed under this subsection must comply with the requirements of Section 6-29 of this Act.
    Pursuant to paragraph (5.1) or (5.3) of subsection (a) of Section 3-12, the State Commission may receive, respond to, and investigate any complaint and impose any of the remedies specified in paragraph (1) of subsection (a) of Section 3-12.

    Plus added fees for the shipper's license.
    Full act link:
    https://www.ilga.gov/legislation/fu...m=532&GAID=16&LegID=133118&SpecSess=&Session=
     
  5. gatornation

    gatornation Grand High Pooh-Bah (10,388) Apr 18, 2007 Arizona
    Pooh-Bah Trader

    Can you do a “mostly peaceful” protest?
     
  6. kodt

    kodt Pooh-Bah (2,286) Mar 6, 2013 Illinois
    Pooh-Bah Trader

    So sounds like direct to consumer shipping is in but the home delivery was removed?
     
  7. Jplachy

    Jplachy Pooh-Bah (1,848) Feb 12, 2012 Illinois
    Pooh-Bah Trader

    According to long lost BA member Macewank this means:

    1) codified permanent curbside pickup
    2) lets class 1 brewery taprooms buy and sell mead
    3) lets class 1 brewers with distiller/wine licenses self distro that stuff too
    4) created a new license type similar to the brewpub license that allows limited self dist.
     
    BuffaloBill12 likes this.
  8. Redrover

    Redrover Grand Pooh-Bah (3,676) Jan 18, 2003 Illinois
    Society Pooh-Bah

    So a brewery in Oak Park say on the west side of Austin Avenue can deliver 50 miles but if your brewery is located across the street on the east side of Austin Avenue in Chicago you can only deliver 10 miles? Seems like a suburban brewery will have some advantages.
     
    ChicagoJ likes this.
  9. HouseofWortship

    HouseofWortship Pooh-Bah (2,735) May 3, 2016 Illinois
    Pooh-Bah Trader

    Deeply saddened point 5 didn’t make it into the final approved bill:

    5)Felony for even mentioning let alone producing “hard seltzer.”
     
    GuyFawkes likes this.
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