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Illinois Liquor Control Act of 1934

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Illinois Liquor Control Act of 1934 Liquor Control Act of 1934 Note: This document has been prepared for the use of licensees in 5/1-3.14 Rectifier the operation of their business; it is not the official version of 5/1-3.15 Distributor the document. The official version is to be found in the Illinois Revised Statutes. Any inconsistencies should be resolved by 5/1-3.16 Importing Distributor reference to the Statutes. 5/1-3.17 Retailer 5/1-3.17.1 Special Event Retailer Title: An Act relating to alcoholic liquors. 5/1-3.18 Sell at retail Cite: 235 ILCS 5/1-1 et seq. 5/1-3.19 State Commission From: Chapter 43, paragraph 93.9 et seq. 5/1-3.20 Department Source: L. 1933-34, 2nd S.S., page 57. 5/1-3.21 Sale Date: Approved January 31, 1934 5/1-3.22 To sell Short title: Liquor Control Act of 1934. 5/1-3.23 Restaurant ACT 5 — Liquor Control Act of 1934 5/1-3.24 Club Article 5/1-3.25 Hotel I Construction 5/1-3.26 Bowling alley (Repealed eff. 1-1-96) II Scope of Act 5/1-3.27 Foreign Importer III State Control Commission 5/1-3.28 Broker IV Local Control 5/1-3.29 Non-resident dealer V Licenses 5/1-3.30 Special Event VI General Provisions 5/1-3.31 Limited Wine Manufacturer VII Licenses 5/1-3.32 Auction liquor license VIIA Warehouses 5/1-3.33 Brew Pub VIII Taxation of Liquor 5/1-3.34 Caterer Retailer IX Local Referendum 5/1-3.35 Special Use permit license X Violations, Penalties, Searches and Seizures 5/1-3.36 Private Function XI Partial Invalidity and Repeal 5/1-3.37 Council XII Grape and Wine Resources Council 5/1-3.38 Craft brewer 5/1-3.39 Homemade brewed beverage Article I — Construction Section 5/1-1 Short Title 5/1-1 Short Title This Act may be cited as the Liquor Control Act of 1934. 5/1-2 Construction of Act (Source: P. A. 86-1475) (from Chapter 43, paragraph 93.9) 5/1-3 Words and phrases defined 5/1-2 Construction of Act 5/1-3.01 Alcohol This Act shall be liberally construed, to the end that the health, safety 5/1-3.02 Spirits and welfare of the People of the State of Illinois shall be protected and temperance in the consumption of alcoholic liquors shall be 5/1-3.03 Wine fostered and promoted by sound and careful control and regulation of 5/1-3.04 Beer the manufacture, sale and distribution of alcoholic liquors. 5/1-3.05 Alcoholic liquor (Source: P. A. 82-783) (from Chapter 43, paragraph 94) 5/1-3.06 Original package 5/1-3 Words and Phrases Defined 5/1-3.07 Distiller Unless the context otherwise requires, words and phrases are used 5/1-3.08 Manufacturer in this Act in the sense given them in the Sections following this 5/1-3.09 Brewer Section and preceding Section 2-1. 5/1-3.10 Non-beverage User (Source: P. A. 91-357, eff. 7-29-99) ( from Chapter 43, paragraph 95) 5/1-3.11 Wine Manufacturer 5/1-3.01 Alcohol 5/1-3.12 Wine-maker “Alcohol” means the product of distillation of any fermented liquid, 5/1-3.13 Manufacture whether rectified or diluted, whatever may be the origin thereof, and 2 includes synthetic ethyl alcohol. It does not include denatured alcohol an original package, whether for himself or for another, and others or wood alcohol. engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquors as above defined. (Source: P. A. 82-783) (from Chapter 43, paragraph 95.01) (Source: P. A. 82-783) (from Chapter 43, paragraph 95.08) 5/1-3.02 Spirits 5/1-3.09 Brewer “Spirits” means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and “Brewer” means a person who is engaged in the manufacture of beer. includes brandy, rum, whiskey, gin, or other spirituous liquors, and (Source: P. A. 82-783) (from Chapter 43, paragraph 95.09) such liquors when rectified, blended or otherwise mixed with alcohol or other substances. 5/1-3.10 Non-beverage user (Source: P. A. 82-783) (from Chapter 43, paragraph 95.02) “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, 5/1-3.03 Wine when the same contains alcoholic liquor, and all laboratories and hos- “Wine” means any alcoholic beverage obtained by the fermentation pitals and sanatoria using alcoholic liquor for non-beverage purposes. of the natural contents of fruits, or vegetables, containing sugar, (Source: P. A. 82-783) (from Chapter 43, paragraph 95.10) including such beverages when fortified by the addition of alcohol or spirits, as above defined. 5/1-3.11 Wine Manufacturer (Source: P. A. 82-783) (from Chapter 43, paragraph 95.03) “Wine-manufacturer” means a person who is engaged in the manufacture of wine. 5/1-3.04 Beer (Source: P. A. 82-783) (from Chapter 43, paragraph 95.11) “Beer” means a beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in 5/1-3.12 Wine-maker water, and includes, among other things, beer, ale, stout, lager beer, “Wine-maker” means a person engaged in the making of less than porter and the like. 50,000 gallons of wine annually other than a person issued a Second (Source: P. A. 82-783) (from Chapter 43, paragraph 95.04) Class wine-maker’s license. (Source: P. A. 92-378, eff. 8-16-01) (from Chapter 43, paragraph 95.12) 5/1-3.05 Alcoholic Liquor “Alcoholic liquor” includes alcohol, spirits, wine and beer, and every 5/1-3.13 Manufacture liquid or solid, patented or not, containing alcohol, spirits, wine or beer, “Manufacture” means to distill, rectify, ferment, brew, make, mix, con- and capable of being consumed as a beverage by a human being. coct, process, blend, bottle or fill an original package with an alcohol- The provisions of this Act shall not apply to alcohol used in the manu- ic liquor, whether for oneself or for another, and includes blending but facture of denatured alcohol produced in accordance with Acts of does not include the mixing or other preparation of drinks for serving Congress and regulations promulgated thereunder, nor to any liquid by those persons authorized and permitted in this Act to serve drinks or solid containing one-half of one per cent, or less, of alcohol by vol- for consumption on the premises where sold. All containers or pack- ume. No tax provided for in Article VIII of this Act shall apply to wine ages of blended alcoholic liquors shall have affixed thereto a label intended for use and used by any church or religious organization for setting forth and stating clearly the names of all ingredients which the sacramental purposes, provided that such wine shall be purchased blended alcoholic liquors offered for sale shall contain. from a licensed manufacturer or importing distributor under this Act. (Source: P. A. 82-783) (from Chapter 43, paragraph 95.13) (Source: P. A. 82-783) (from Chapter 43, paragraph 95.05) 5/1-3.14 Rectifier 5/1-3.06 Original Package “Rectifier” means any person who rectifies, ferments, brews, makes, “Original package” means any bottle, flask, jug, can, cask, bar- mixes, concocts, processes, blends, bottles or fills an original rel, keg, hogshead or other receptacle or container, whatsoever, package with any alcoholic liquor, other than by original or used, corked or capped, sealed and labeled by the manufacturer of continuous distillation. alcoholic liquor, to contain and to convey any alcoholic liquor. (Source: P. A. 82-783) (from Chapter 43, paragraph 95.14) (Source: P. A. 82-783) (from Chapter 43, paragraph 95.06) 5/1-3.15 Distributor 5/1-3.07 Distiller “Distributor” means any person, other than a manufacturer or “Distiller” means a person who distills, ferments, brews, makes, non-resident dealer licensed under this Act, who is engaged in this State mixes, concocts, processes, blends, bottles or fills an original in purchasing, storing, possessing or warehousing any alcoholic liquors package with any alcoholic liquor. The above definition for a distiller for resale or reselling at wholesale, whether within or without this State. includes a manufacturer of wine, but does not include a manufacturer (Source: P. A. 83-1254) (from Chapter 43, paragraph 95.15) of beer or bottler of wine. (Source: P. A. 82-783) (from Chapter 43, paragraph 95.07) 5/1-3.16 Importing Distributor “Importing distributor” means any person other than a non-resident dealer 5/1-3.08 Manufacturer licensed under this Act who imports into this State, from any point in the “Manufacturer” means every brewer, fermenter, distiller, rectifier, United States outside this State, whether for himself or for another, any al- wine maker, blender, processor, bottler or person who fills or refills coholic liquors for sale or resale, or for use in the manufacture, preparation 3 or compounding of products other than alcoholic liquors, or who imports in- for pecuniary profit, solely for the promotion of some common object to this State, from any point in the United States outside this State, for con- other than the sale or consumption of alcoholic liquors, kept, used and sumption in any one calendar year, more than one gallon of such liquors.
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