98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5926
 
Introduced , by Rep. Sara Feigenholtz
 
SYNOPSIS AS INTRODUCED:



   
5 ILCS 140/7.5
235 ILCS 5/3-12
235 ILCS 5/6-20 from Ch. 43, par. 134a
235 ILCS 5/6-27.1 new

 Amends the Liquor Control Act of 1934 and the Freedom of Information Act. Requires all alcohol servers to obtain and complete training in basic responsible alcohol service. Provides that the Illinois Liquor Control Commission shall approve training programs that meet certain specified criteria for content, method of instruction, and ability to provide information about whether a server has completed the training program. Provides that materials submitted to the Commission for training program approval shall be exempt from disclosure under the Freedom of Information Act. Requires the Commission to issue a State seal file and approval number to providers who are approved to conduct a responsible alcohol service training program. Provides that a certificate of training is valid for 3 years. Provides that before January 1, 2016, enforcement of the provisions shall be limited to education and notification of the requirements. Makes other changes. Effective immediately.



LRB098 20305 RPS 55746 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB5926LRB098 20305 RPS 55746 b



1 AN ACT concerning liquor.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory Exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be exempt 
9from inspection and copying:
10 (a) All information determined to be confidential under 
11Section 4002 of the Technology Advancement and Development Act.
12 (b) Library circulation and order records identifying 
13library users with specific materials under the Library Records 
14Confidentiality Act.
15 (c) Applications, related documents, and medical records 
16received by the Experimental Organ Transplantation Procedures 
17Board and any and all documents or other records prepared by 
18the Experimental Organ Transplantation Procedures Board or its 
19staff relating to applications it has received.
20 (d) Information and records held by the Department of 
21Public Health and its authorized representatives relating to 
22known or suspected cases of sexually transmissible disease or 
23any information the disclosure of which is restricted under the 
 
 
HB5926- 2 -LRB098 20305 RPS 55746 b


1Illinois Sexually Transmissible Disease Control Act.
2 (e) Information the disclosure of which is exempted under 
3Section 30 of the Radon Industry Licensing Act.
4 (f) Firm performance evaluations under Section 55 of the 
5Architectural, Engineering, and Land Surveying Qualifications 
6Based Selection Act.
7 (g) Information the disclosure of which is restricted and 
8exempted under Section 50 of the Illinois Prepaid Tuition Act.
9 (h) Information the disclosure of which is exempted under 
10the State Officials and Employees Ethics Act, and records of 
11any lawfully created State or local inspector general's office 
12that would be exempt if created or obtained by an Executive 
13Inspector General's office under that Act.
14 (i) Information contained in a local emergency energy plan 
15submitted to a municipality in accordance with a local 
16emergency energy plan ordinance that is adopted under Section 
1711-21.5-5 of the Illinois Municipal Code.
18 (j) Information and data concerning the distribution of 
19surcharge moneys collected and remitted by wireless carriers 
20under the Wireless Emergency Telephone Safety Act.
21 (k) Law enforcement officer identification information or 
22driver identification information compiled by a law 
23enforcement agency or the Department of Transportation under 
24Section 11-212 of the Illinois Vehicle Code.
25 (l) Records and information provided to a residential 
26health care facility resident sexual assault and death review 
 
 
HB5926- 3 -LRB098 20305 RPS 55746 b


1team or the Executive Council under the Abuse Prevention Review 
2Team Act.
3 (m) Information provided to the predatory lending database 
4created pursuant to Article 3 of the Residential Real Property 
5Disclosure Act, except to the extent authorized under that 
6Article.
7 (n) Defense budgets and petitions for certification of 
8compensation and expenses for court appointed trial counsel as 
9provided under Sections 10 and 15 of the Capital Crimes 
10Litigation Act. This subsection (n) shall apply until the 
11conclusion of the trial of the case, even if the prosecution 
12chooses not to pursue the death penalty prior to trial or 
13sentencing.
14 (o) Information that is prohibited from being disclosed 
15under Section 4 of the Illinois Health and Hazardous Substances 
16Registry Act.
17 (p) Security portions of system safety program plans, 
18investigation reports, surveys, schedules, lists, data, or 
19information compiled, collected, or prepared by or for the 
20Regional Transportation Authority under Section 2.11 of the 
21Regional Transportation Authority Act or the St. Clair County 
22Transit District under the Bi-State Transit Safety Act. 
23 (q) Information prohibited from being disclosed by the 
24Personnel Records Review Act. 
25 (r) Information prohibited from being disclosed by the 
26Illinois School Student Records Act. 
 
 
HB5926- 4 -LRB098 20305 RPS 55746 b


1 (s) Information the disclosure of which is restricted under 
2Section 5-108 of the Public Utilities Act. 

3 (t) All identified or deidentified health information in 
4the form of health data or medical records contained in, stored 
5in, submitted to, transferred by, or released from the Illinois 
6Health Information Exchange, and identified or deidentified 
7health information in the form of health data and medical 
8records of the Illinois Health Information Exchange in the 
9possession of the Illinois Health Information Exchange 
10Authority due to its administration of the Illinois Health 
11Information Exchange. The terms "identified" and 
12"deidentified" shall be given the same meaning as in the Health 
13Insurance Accountability and Portability Act of 1996, Public 
14Law 104-191, or any subsequent amendments thereto, and any 
15regulations promulgated thereunder. 
16 (u) Records and information provided to an independent team 
17of experts under Brian's Law. 
18 (v) Names and information of people who have applied for or 
19received Firearm Owner's Identification Cards under the 
20Firearm Owners Identification Card Act or applied for or 
21received a concealed carry license under the Firearm Concealed 
22Carry Act, unless otherwise authorized by the Firearm Concealed 
23Carry Act; and databases under the Firearm Concealed Carry Act, 
24records of the Concealed Carry Licensing Review Board under the 
25Firearm Concealed Carry Act, and law enforcement agency 
26objections under the Firearm Concealed Carry Act. 
 
 
HB5926- 5 -LRB098 20305 RPS 55746 b


1 (w) Personally identifiable information which is exempted 
2from disclosure under subsection (g) of Section 19.1 of the 
3Toll Highway Act.
4 (x) Information which is exempted from disclosure under 
5Section 5-1014.3 of the Counties Code or Section 8-11-21 of the 
6Illinois Municipal Code. 
7 (y) Confidential information under the Adult Protective 
8Services Act and its predecessor enabling statute, the Elder 
9Abuse and Neglect Act, including information about the identity 
10and administrative finding against any caregiver of a verified 
11and substantiated decision of significant abuse, neglect, or 
12financial exploitation of an eligible adult maintained in the 
13Department of Public Health's Health Care Worker Registry. 
14 (z) Records and information provided to an at-risk adult 
15fatality review team or the Illinois At-Risk Adult Fatality 
16Review Team Advisory Council under Section 15 of the Adult 
17Protective Services Act. 
18 (aa) Information that is exempted from disclosure under 
19Section 6-27.1 of the Liquor Control Act of 1934. 
20(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, 
21eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, 
22eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)

23 Section 10. The Liquor Control Act of 1934 is amended by 
24changing Sections 3-12 and 6-20 and by adding Section 6-27.1 as 
25follows:



 
 
HB5926- 6 -LRB098 20305 RPS 55746 b


1 (235 ILCS 5/3-12)


2 Sec. 3-12. Powers and duties of State Commission.

3 (a) The State commission shall have the following powers, 
4functions and
duties:


5  (1) To receive applications and to issue licenses to 
6 manufacturers,
foreign importers, importing distributors, 
7 distributors, non-resident dealers,
on premise consumption 
8 retailers, off premise sale retailers, special event

9 retailer licensees, special use permit licenses, auction 
10 liquor licenses, brew
pubs, caterer retailers, 
11 non-beverage users, railroads, including owners and

12 lessees of sleeping, dining and cafe cars, airplanes, 
13 boats, brokers, and wine
maker's premises licensees in 
14 accordance with the provisions of this Act, and
to suspend 
15 or revoke such licenses upon the State commission's 
16 determination,
upon notice after hearing, that a licensee 
17 has violated any provision of this
Act or any rule or 
18 regulation issued pursuant thereto and in effect for 30 
19 days
prior to such violation. Except in the case of an 
20 action taken pursuant to a
violation of Section 6-3, 6-5, 
21 or 6-9, any action by the State Commission to
suspend or 
22 revoke a licensee's license may be limited to the license 
23 for the
specific premises where the violation occurred.


24  In lieu of suspending or revoking a license, the 
25 commission may impose
a fine, upon the State commission's 
 
 
HB5926- 7 -LRB098 20305 RPS 55746 b


1 determination and notice after hearing,
that a licensee has 
2 violated any provision of this Act or any rule or

3 regulation issued pursuant thereto and in effect for 30 
4 days prior to such
violation. The fine imposed under this 
5 paragraph may not exceed $500 for each
violation. Each day 
6 that the activity, which gave rise to the original fine,

7 continues is a separate violation. The maximum fine that 
8 may be levied against
any licensee, for the period of the 
9 license, shall not exceed $20,000.
The maximum penalty that 
10 may be imposed on a licensee for selling a bottle of

11 alcoholic liquor with a foreign object in it or serving 
12 from a bottle of
alcoholic liquor with a foreign object in 
13 it shall be the destruction of that
bottle of alcoholic 
14 liquor for the first 10 bottles so sold or served from by

15 the licensee. For the eleventh bottle of alcoholic liquor 
16 and for each third
bottle thereafter sold or served from by 
17 the licensee with a foreign object in
it, the maximum 
18 penalty that may be imposed on the licensee is the 
19 destruction
of the bottle of alcoholic liquor and a fine of 
20 up to $50.


21  (2) To adopt such rules and regulations consistent with 
22 the
provisions of this Act which shall be necessary to 
23 carry on its
functions and duties to the end that the 
24 health, safety and welfare of
the People of the State of 
25 Illinois shall be protected and temperance in
the 
26 consumption of alcoholic liquors shall be fostered and 
 
 
HB5926- 8 -LRB098 20305 RPS 55746 b


1 promoted and
to distribute copies of such rules and 
2 regulations to all licensees
affected thereby.


3  (3) To call upon other administrative departments of 
4 the State,
county and municipal governments, county and 
5 city police departments and
upon prosecuting officers for 
6 such information and assistance as it
deems necessary in 
7 the performance of its duties.


8  (4) To recommend to local commissioners rules and 
9 regulations, not
inconsistent with the law, for the 
10 distribution and sale of alcoholic
liquors throughout the 
11 State.


12  (5) To inspect, or cause to be inspected, any
premises 
13 in this State
where alcoholic liquors are manufactured, 
14 distributed, warehoused, or
sold.


15  (5.1) Upon receipt of a complaint or upon having 
16 knowledge that any person
is engaged in business as a 
17 manufacturer, importing distributor, distributor,
or 
18 retailer without a license or valid license, to notify the 
19 local liquor
authority, file a complaint with the State's 
20 Attorney's Office of the county
where the incident 
21 occurred, or initiate an investigation with the 
22 appropriate
law enforcement officials.


23  (5.2) To issue a cease and desist notice to persons 
24 shipping alcoholic
liquor
into this State from a point 
25 outside of this State if the shipment is in
violation of 
26 this Act.


 
 
HB5926- 9 -LRB098 20305 RPS 55746 b


1  (5.3) To receive complaints from licensees, local 
2 officials, law
enforcement agencies, organizations, and 
3 persons stating that any licensee has
been or is violating 
4 any provision of this Act or the rules and regulations

5 issued pursuant to this Act. Such complaints shall be in 
6 writing, signed and
sworn to by the person making the 
7 complaint, and shall state with specificity
the facts in 
8 relation to the alleged violation. If the Commission has

9 reasonable grounds to believe that the complaint 
10 substantially alleges a
violation of this Act or rules and 
11 regulations adopted pursuant to this Act, it
shall conduct 
12 an investigation. If, after conducting an investigation, 
13 the
Commission is satisfied that the alleged violation did 
14 occur, it shall proceed
with disciplinary action against 
15 the licensee as provided in this Act.


16  (6) To hear and determine appeals from orders of a 
17 local commission
in accordance with the provisions of this 
18 Act, as hereinafter set forth.
Hearings under this 
19 subsection shall be held in Springfield or Chicago,
at 
20 whichever location is the more convenient for the majority 
21 of persons
who are parties to the hearing.


22  (7) The commission shall establish uniform systems of 
23 accounts to be
kept by all retail licensees having more 
24 than 4 employees, and for this
purpose the commission may 
25 classify all retail licensees having more
than 4 employees 
26 and establish a uniform system of accounts for each
class 
 
 
HB5926- 10 -LRB098 20305 RPS 55746 b


1 and prescribe the manner in which such accounts shall be 
2 kept.
The commission may also prescribe the forms of 
3 accounts to be kept by
all retail licensees having more 
4 than 4 employees, including but not
limited to accounts of 
5 earnings and expenses and any distribution,
payment, or 
6 other distribution of earnings or assets, and any other

7 forms, records and memoranda which in the judgment of the 
8 commission may
be necessary or appropriate to carry out any 
9 of the provisions of this
Act, including but not limited to 
10 such forms, records and memoranda as
will readily and 
11 accurately disclose at all times the beneficial
ownership 
12 of such retail licensed business. The accounts, forms,

13 records and memoranda shall be available at all reasonable 
14 times for
inspection by authorized representatives of the 
15 State commission or by
any local liquor control 
16 commissioner or his or her authorized representative.
The 
17 commission, may, from time to time, alter, amend or repeal, 
18 in whole
or in part, any uniform system of accounts, or the 
19 form and manner of
keeping accounts.


20  (8) In the conduct of any hearing authorized to be held 
21 by the
commission, to appoint, at the commission's 
22 discretion, hearing officers
to conduct hearings involving 
23 complex issues or issues that will require a
protracted 
24 period of time to resolve, to examine, or cause to be 
25 examined,
under oath, any licensee, and to examine or cause 
26 to be examined the books and
records
of such licensee; to 
 
 
HB5926- 11 -LRB098 20305 RPS 55746 b


1 hear testimony and take proof material for its
information 
2 in the discharge of its duties hereunder; to administer or

3 cause to be administered oaths; for any such purpose to 
4 issue
subpoena or subpoenas to require the attendance of 
5 witnesses and the
production of books, which shall be 
6 effective in any part of this State, and
to adopt rules to 
7 implement its powers under this paragraph (8).


8  Any Circuit Court may by order duly entered,
require 
9 the attendance of witnesses and the production of relevant 
10 books
subpoenaed by the State commission and the court may 
11 compel
obedience to its order by proceedings for contempt.


12  (9) To investigate the administration of laws in 
13 relation to
alcoholic liquors in this and other states and 
14 any foreign countries,
and to recommend from time to time 
15 to the Governor and through him or
her to the legislature 
16 of this State, such amendments to this Act, if any, as
it 
17 may think desirable and as will serve to further the 
18 general broad
purposes contained in Section 1-2 hereof.


19  (10) To adopt such rules and regulations consistent 
20 with the
provisions of this Act which shall be necessary 
21 for the control, sale or
disposition of alcoholic liquor 
22 damaged as a result of an accident, wreck,
flood, fire or 
23 other similar occurrence.


24  (11) To develop industry educational programs related 
25 to responsible
serving and selling, particularly in the 
26 areas of overserving consumers and
illegal underage 
 
 
HB5926- 12 -LRB098 20305 RPS 55746 b


1 purchasing and consumption of alcoholic beverages.


2  (11.1) To license persons providing education and 
3 training to alcohol
beverage sellers and servers under 
4 Section 6-27.1 of this Act, if a program under that Section 
5 is available, or the
Beverage Alcohol Sellers and Servers

6 Education and Training (BASSET) programs, if a program 
7 under Section 6-27.1 of this Act is unavailable, and to 
8 develop and administer a public
awareness program in 
9 Illinois to reduce or eliminate the illegal purchase and

10 consumption of alcoholic beverage products by persons 
11 under the age of 21.
Application for a license shall be 
12 made on forms provided by the State
Commission.


13  (12) To develop and maintain a repository of license 
14 and regulatory
information.


15  (13) On or before January 15, 1994, the Commission 
16 shall issue
a written report to the Governor and General 
17 Assembly that is to be based on a
comprehensive study of 
18 the impact on and implications for the State of Illinois
of 
19 Section 1926 of the Federal ADAMHA Reorganization Act of 
20 1992 (Public Law
102-321). This study shall address the 
21 extent to which Illinois currently
complies with the 
22 provisions of P.L. 102-321 and the rules promulgated 
23 pursuant
thereto.


24  As part of its report, the Commission shall provide the 
25 following essential
information:


26   (i) the number of retail distributors of tobacco 
 
 
HB5926- 13 -LRB098 20305 RPS 55746 b


1 products, by type and
geographic area, in the State;


2   (ii) the number of reported citations and 
3 successful convictions,
categorized by type and 
4 location of retail distributor, for violation of the

5 Prevention of Tobacco Use by Minors and Sale and 
6 Distribution of Tobacco Products Act and the Smokeless

7 Tobacco Limitation Act;


8   (iii) the extent and nature of organized 
9 educational and governmental
activities that are 
10 intended to promote, encourage or otherwise secure

11 compliance with any Illinois laws that prohibit the 
12 sale or distribution of
tobacco products to minors; and


13   (iv) the level of access and availability of 
14 tobacco products to
individuals under the age of 18.


15  To obtain the data necessary to comply with the 
16 provisions of P.L. 102-321
and the requirements of this 
17 report, the Commission shall conduct random,
unannounced 
18 inspections of a geographically and scientifically 
19 representative
sample of the State's retail tobacco 
20 distributors.


21  The Commission shall consult with the Department of 
22 Public Health, the
Department of Human Services, the

23 Illinois State Police and any
other executive branch 
24 agency, and private organizations that may have

25 information relevant to this report.


26  The Commission may contract with the Food and Drug 
 
 
HB5926- 14 -LRB098 20305 RPS 55746 b


1 Administration of the
U.S. Department of Health and Human 
2 Services to conduct unannounced
investigations of Illinois 
3 tobacco vendors to determine compliance with federal
laws 
4 relating to the illegal sale of cigarettes and smokeless 
5 tobacco products
to persons under the age of 18.


6  (14) On or before April 30, 2008 and every 2 years

7 thereafter, the Commission shall present a written
report 
8 to the Governor and the General Assembly that shall
be 
9 based on a study of the impact of this amendatory Act of

10 the 95th General Assembly on the business of soliciting,

11 selling, and shipping wine from inside and outside of this

12 State directly to residents of this State. As part of its

13 report, the Commission shall provide all of the
following 
14 information:
15   (A) The amount of State excise and sales tax

16 revenues generated.
17   (B) The amount of licensing fees received.
18   (C) The number of cases of wine shipped from inside

19 and outside of this State directly to residents of this

20 State.
21   (D) The number of alcohol compliance operations

22 conducted.
23   (E) The number of winery shipper's licenses

24 issued.
25   (F) The number of each of the following: reported

26 violations; cease and desist notices issued by the

 
 
HB5926- 15 -LRB098 20305 RPS 55746 b


1 Commission; notices of violations issued by
the 
2 Commission and to the Department of Revenue;
and 
3 notices and complaints of violations to law

4 enforcement officials, including, without limitation,

5 the Illinois Attorney General and the U.S. Department

6 of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
7  (15) As a means to reduce the underage consumption of

8 alcoholic liquors, the Commission shall conduct
alcohol 
9 compliance operations to investigate whether
businesses 
10 that are soliciting, selling, and shipping wine
from inside 
11 or outside of this State directly to residents
of this 
12 State are licensed by this State or are selling or

13 attempting to sell wine to persons under 21 years of age in

14 violation of this Act.
15  (16) The Commission shall, in addition to
notifying any 
16 appropriate law enforcement agency, submit
notices of 
17 complaints or violations of Sections 6-29 and
6-29.1 by 
18 persons who do not hold a winery shipper's
license under 
19 this amendatory Act to the Illinois Attorney General and
to 
20 the U.S. Department of Treasury's Alcohol and Tobacco Tax 
21 and Trade Bureau.
22  (17) (A) A person licensed to make wine under the laws 
23 of another state who has a winery shipper's license under 
24 this amendatory Act and annually produces less than 25,000 
25 gallons of wine or a person who has a first-class or 
26 second-class wine manufacturer's license, a first-class or 
 
 
HB5926- 16 -LRB098 20305 RPS 55746 b


1 second-class wine-maker's license, or a limited wine 
2 manufacturer's license under this Act and annually 
3 produces less than 25,000 gallons of wine may make 
4 application to the Commission for a self-distribution 
5 exemption to allow the sale of not more than 5,000 gallons 
6 of the exemption holder's wine to retail licensees per 
7 year.
8   (B) In the application, which shall be sworn under 
9 penalty of perjury, such person shall state (1) the 
10 date it was established; (2) its volume of production 
11 and sales for each year since its establishment; (3) 
12 its efforts to establish distributor relationships; 
13 (4) that a self-distribution exemption is necessary to 
14 facilitate the marketing of its wine; and (5) that it 
15 will comply with the liquor and revenue laws of the 
16 United States, this State, and any other state where it 
17 is licensed.
18   (C) The Commission shall approve the application 
19 for a self-distribution exemption if such person: (1) 
20 is in compliance with State revenue and liquor laws; 
21 (2) is not a member of any affiliated group that 
22 produces more than 25,000 gallons of wine per annum or 
23 produces any other alcoholic liquor; (3) will not 
24 annually produce for sale more than 25,000 gallons of 
25 wine; and (4) will not annually sell more than 5,000 
26 gallons of its wine to retail licensees.
 
 
HB5926- 17 -LRB098 20305 RPS 55746 b


1   (D) A self-distribution exemption holder shall 
2 annually certify to the Commission its production of 
3 wine in the previous 12 months and its anticipated 
4 production and sales for the next 12 months. The 
5 Commission may fine, suspend, or revoke a 
6 self-distribution exemption after a hearing if it 
7 finds that the exemption holder has made a material 
8 misrepresentation in its application, violated a 
9 revenue or liquor law of Illinois, exceeded production 
10 of 25,000 gallons of wine in any calendar year, or 
11 become part of an affiliated group producing more than 
12 25,000 gallons of wine or any other alcoholic liquor.
13   (E) Except in hearings for violations of this Act 
14 or amendatory Act or a bona fide investigation by duly 
15 sworn law enforcement officials, the Commission, or 
16 its agents, the Commission shall maintain the 
17 production and sales information of a 
18 self-distribution exemption holder as confidential and 
19 shall not release such information to any person.
20   (F) The Commission shall issue regulations 
21 governing self-distribution exemptions consistent with 
22 this Section and this Act.
23   (G) Nothing in this subsection (17) shall prohibit 
24 a self-distribution exemption holder from entering 
25 into or simultaneously having a distribution agreement 
26 with a licensed Illinois distributor.
 
 
HB5926- 18 -LRB098 20305 RPS 55746 b


1   (H) It is the intent of this subsection (17) to 
2 promote and continue orderly markets. The General 
3 Assembly finds that in order to preserve Illinois' 
4 regulatory distribution system it is necessary to 
5 create an exception for smaller makers of wine as their 
6 wines are frequently adjusted in varietals, mixes, 
7 vintages, and taste to find and create market niches 
8 sometimes too small for distributor or importing 
9 distributor business strategies. Limited 
10 self-distribution rights will afford and allow smaller 
11 makers of wine access to the marketplace in order to 
12 develop a customer base without impairing the 
13 integrity of the 3-tier system.

14  (18) (A) A craft brewer licensee, who must also be 
15 either a licensed brewer or licensed non-resident dealer 
16 and annually manufacture less than 930,000 gallons of beer, 
17 may make application to the Commission for a 
18 self-distribution exemption to allow the sale of not more 
19 than 232,500 gallons of the exemption holder's beer to 
20 retail licensees per year.
21   (B) In the application, which shall be sworn under 
22 penalty of perjury, the craft brewer licensee shall 
23 state (1) the date it was established; (2) its volume 
24 of beer manufactured and sold for each year since its 
25 establishment; (3) its efforts to establish 
26 distributor relationships; (4) that a 
 
 
HB5926- 19 -LRB098 20305 RPS 55746 b


1 self-distribution exemption is necessary to facilitate 
2 the marketing of its beer; and (5) that it will comply 
3 with the alcoholic beverage and revenue laws of the 
4 United States, this State, and any other state where it 
5 is licensed.
6   (C) Any application submitted shall be posted on 
7 the Commission's website at least 45 days prior to 
8 action by the Commission. The Commission shall approve 
9 the application for a self-distribution exemption if 
10 the craft brewer licensee: (1) is in compliance with 
11 the State, revenue, and alcoholic beverage laws; (2) is 
12 not a member of any affiliated group that manufacturers 
13 more than 930,000 gallons of beer per annum or produces 
14 any other alcoholic beverages; (3) shall not annually 
15 manufacture for sale more than 930,000 gallons of beer; 
16 and (4) shall not annually sell more than 232,500 
17 gallons of its beer to retail licensees.
18   (D) A self-distribution exemption holder shall 
19 annually certify to the Commission its manufacture of 
20 beer during the previous 12 months and its anticipated 
21 manufacture and sales of beer for the next 12 months. 
22 The Commission may fine, suspend, or revoke a 
23 self-distribution exemption after a hearing if it 
24 finds that the exemption holder has made a material 
25 misrepresentation in its application, violated a 
26 revenue or alcoholic beverage law of Illinois, 
 
 
HB5926- 20 -LRB098 20305 RPS 55746 b


1 exceeded the manufacture of 930,000 gallons of beer in 
2 any calendar year or became part of an affiliated group 
3 manufacturing more than 930,000 gallons of beer or any 
4 other alcoholic beverage.
5   (E) The Commission shall issue rules and 
6 regulations governing self-distribution exemptions 
7 consistent with this Act.
8   (F) Nothing in this paragraph (18) shall prohibit a 
9 self-distribution exemption holder from entering into 
10 or simultaneously having a distribution agreement with 
11 a licensed Illinois importing distributor or a 
12 distributor. If a self-distribution exemption holder 
13 enters into a distribution agreement and has assigned 
14 distribution rights to an importing distributor or 
15 distributor, then the self-distribution exemption 
16 holder's distribution rights in the assigned 
17 territories shall cease in a reasonable time not to 
18 exceed 60 days.
19   (G) It is the intent of this paragraph (18) to 
20 promote and continue orderly markets. The General 
21 Assembly finds that in order to preserve Illinois' 
22 regulatory distribution system, it is necessary to 
23 create an exception for smaller manufacturers in order 
24 to afford and allow such smaller manufacturers of beer 
25 access to the marketplace in order to develop a 
26 customer base without impairing the integrity of the 
 
 
HB5926- 21 -LRB098 20305 RPS 55746 b


1 3-tier system. 
2 (b) On or before April 30, 1999, the Commission shall 
3present a written
report to the Governor and the General 
4Assembly that shall be based on a study
of the impact of this 
5amendatory Act of 1998 on the business of soliciting,
selling, 
6and shipping
alcoholic liquor from outside of this State 
7directly to residents of this
State.


8 As part of its report, the Commission shall provide the 
9following
information:


10  (i) the amount of State excise and sales tax revenues 
11 generated as a
result of this amendatory Act of 1998;


12  (ii) the amount of licensing fees received as a result 
13 of this amendatory
Act of 1998;


14  (iii) the number of reported violations, the number of 
15 cease and desist
notices issued by the Commission, the 
16 number of notices of violations issued
to the Department of 
17 Revenue, and the number of notices and complaints of

18 violations to law enforcement officials.


19(Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13.)





20 (235 ILCS 5/6-20) (from Ch. 43, par. 134a)


21 Sec. 6-20. Transfer, possession, and consumption of 
22alcoholic liquor; restrictions.

23 (a) Any person to whom the sale, gift or delivery of any 
24alcoholic
liquor is prohibited because of age shall not 
25purchase, or accept a gift of
such alcoholic liquor or have 
 
 
HB5926- 22 -LRB098 20305 RPS 55746 b


1such alcoholic liquor in his possession.

2 (b) If a licensee or his or her agents or employees 
3believes or has reason to
believe that a sale or delivery of 
4any alcoholic liquor is prohibited
because of the non-age of 
5the prospective recipient, he or she shall,
before
making such 
6sale or delivery demand presentation of some form of
positive 
7identification, containing proof of age, issued by a public

8officer in the performance of his or her official duties.

9 (c) No person shall transfer, alter, or deface such an 
10identification
card; use the identification card of another; 
11carry or use a false or
forged identification card; or obtain 
12an identification card by means of
false information.
13 (d) No person shall purchase, accept delivery or have

14possession of alcoholic liquor in violation of this Section.
15 (e) The
consumption of alcoholic liquor by any person under 
1621 years of age is
forbidden. 
17 (f) Whoever violates any provisions of this Section shall 
18be
guilty of a Class A misdemeanor.

19 (g) The possession and dispensing, or consumption by a 
20person under 21 years
of age of alcoholic liquor in the 
21performance of a religious
service or ceremony, or the 
22consumption by a person under 21 years of
age under the direct 
23supervision and approval of the parents
or parent or those 
24persons standing in loco parentis of such person
under 21 years 
25of age in the privacy of a home, is not
prohibited by this Act.

26 (h) The provisions of this Act prohibiting the possession 
 
 
HB5926- 23 -LRB098 20305 RPS 55746 b


1of alcoholic liquor by a person under 21 years
of age and 
2dispensing of alcoholic liquor to a person under 21 years
of 
3age do not apply in the case of a student under 21 years
of age, 
4but 18 years of age or older, who:
5  (1) tastes, but does not imbibe, alcoholic liquor only 
6 during times of a regularly scheduled course while under 
7 the direct
supervision of an instructor who is at least 21 
8 years of age and
employed by an educational institution 
9 described in subdivision (2); 
10  (2) is enrolled as a student in a college, university, 
11 or post-secondary educational institution that is 
12 accredited or certified by an agency recognized by the 
13 United States Department of Education or a nationally 
14 recognized accrediting agency or association, or that has a 
15 permit of approval issued by the Board of Higher Education 
16 pursuant to the
Private Business and Vocational Schools Act 
17 of 2012; 
18  (3) is participating in a culinary arts, food service, 
19 or restaurant management
degree program of which a portion 
20 of the program includes instruction on responsible 
21 alcoholic beverage serving methods modeled after the 
22 curriculum provided in Section 6-27.1 of this Act, if that 
23 curriculum is available, or the Beverage Alcohol Sellers 
24 and Server Education and Training (BASSET) curriculum, if 
25 the curriculum provided in Section 6-27.1 of this Act is 
26 unavailable; and 
 
 
HB5926- 24 -LRB098 20305 RPS 55746 b


1  (4) tastes, but does not imbibe, alcoholic liquor for 
2 instructional
purposes up to, but not exceeding, 6 times 
3 per class as a part of a required course in which the 
4 student temporarily possesses alcoholic liquor for 
5 tasting, not imbibing, purposes only in a class setting on 
6 the campus and, thereafter, the alcoholic liquor is 
7 possessed and remains under the control of the instructor. 
8(Source: P.A. 97-1058, eff. 8-24-12.)


9 (235 ILCS 5/6-27.1 new)
10 Sec. 6-27.1. Responsible alcohol service server training.
11 (a) All alcohol servers are required to obtain and complete 
12training in basic responsible alcohol service as outlined in 
13subsection (b) of this Section by July 1, 2015 or within 30 
14days after the alcohol server begins his or her employment, 
15whichever is later. There is no limit to the amount of times a 
16server may take the training. A certificate of training belongs 
17to the server, and a server may transfer a certificate of 
18training to a different employer, but shall not transfer a 
19certificate of training to another server. Proof that an 
20alcohol server has been trained must be available upon 
21reasonable request by State law enforcement officials. For the 
22purpose of this Section, "alcohol servers" means persons who 
23sell or serve open containers of alcoholic beverages and anyone 
24whose job description entails the checking of identification 
25for the purchase of open containers of alcoholic beverages.
 
 
HB5926- 25 -LRB098 20305 RPS 55746 b


1 (b) Responsible alcohol service training must cover and 
2assess knowledge of the following topics:
3  (1) the physical properties of alcohol, drugs, and 
4 alcoholism, including, but not limited to, blood alcohol 
5 concentration (BAC), alcoholism, the effects of alcohol or 
6 drugs on driving performance, and BAC levels related to 
7 body weight, gender, and amount of alcohol consumed per 
8 hour;
9  (2) prevention and intervention techniques, including, 
10 but not limited to, maintenance of a professional demeanor, 
11 how to handle difficult situations, use of alternative 
12 beverages, designated driver programs, visual and 
13 behavioral cues that may help participants recognize 
14 potential problems, ensuring customer safety, and refusal 
15 of service;
16  (3) State statutes, local ordinances, and laws 
17 concerning driving under the influence, including, but not 
18 limited to, the laws pertaining to the sale of alcohol, the 
19 differences between civil and criminal charges and the 
20 penalties each carries, and laws concerning driving under 
21 the influence and associated penalties;
22  (4) proper identification techniques and police 
23 policies and expectations, including, but not limited to, 
24 Secretary of State procedures to ensure security of 
25 driver's licenses and state identification cards, other 
26 acceptable forms of identification, enhanced 
 
 
HB5926- 26 -LRB098 20305 RPS 55746 b


1 identification techniques, and the proper use of municipal 
2 support services, such as police, fire, and paramedic 
3 services; and
4  (5) dram shop liability, insurance, and victim's 
5 rights, including, but not limited to, vicarious 
6 liability, third-party liability, procedures for 
7 protection against possible litigation, State insurance 
8 requirements, and legal terms used in litigation.
9 (b-5) Notwithstanding subsection (h) of this Section, a 
10program plan shall be submitted for approval to the State 
11Commission upon the effective date of this amendatory Act of 
12the 98th General Assembly.
13 (c) Training modules and certificate program plans must be 
14approved by the State Commission. All documents, materials, or 
15information related to responsible alcohol service training 
16program approval that are submitted to the State Commission are 
17confidential and shall not be open to public inspection or 
18dissemination and is exempt from disclosure under the Freedom 
19of Information Act.
20 The State Commission shall only approve programs that meet 
21the following criteria:
22  (1) the training course covers the content specified in 
23 subsection (b) of this Section;
24  (2) if the training course is classroom based, the 
25 classroom training is at least 4 hours, is available in 
26 English and Spanish, and includes a test;
 
 
HB5926- 27 -LRB098 20305 RPS 55746 b


1  (3) if the training course is online or computer-based, 
2 the course is designed in a way that ensures that no 
3 content can be skipped, is interactive, has audio for 
4 content for servers that have a disability, and includes a 
5 test;
6  (4) training and testing is based on a job task 
7 analysis that clearly identifies and focuses on the 
8 knowledge, skills, and abilities needed to responsibly 
9 serve alcoholic beverages and is developed using best 
10 practices in instructional design and exam development to 
11 ensure that the program is fair and legally defensible;
12  (5) training and testing is conducted by any means 
13 available, including, but not limited to, online, 
14 computer, classroom, or live trainers;
15  (6) the training certificate is issued only after 
16 training is complete and the test has been passed 
17 successfully;
18  (7) the program provides a roster or report to the 
19 State Commission of all servers that have successfully 
20 completed training and testing within 10 business days 
21 after the course is completed and maintains these records 
22 for the entire course certificate validity time period; and
23  (8) the program must provide access on a 
24 24-hour-per-day, 7-days-per-week basis for certificate 
25 verification for State Commission, State law enforcement 
26 officials, and employers to be able to verify certificate 
 
 
HB5926- 28 -LRB098 20305 RPS 55746 b


1 authenticity.
2 (d) Nothing in subsection (c) of this Section shall be 
3construed to require a program to use a test administrator or 
4proctor.
5 (e) The State Commission shall provide each approved 
6responsible alcohol service training program provider with an 
7approval identification number and State seal file to be placed 
8by the responsible alcohol service training program provider on 
9each certificate issued.
10 (f) At the completion of an approved responsible alcohol 
11service server training course and the successful completion of 
12a test, the course certificate with the approved provider 
13number and State seal shall be the only verification necessary 
14or required by law or ordinance that shows that the responsible 
15alcohol service training course was completed successfully.
16 (g) A responsible alcohol service training certificate 
17shall be valid for 3 years.
18 (h) The provisions of this Section shall apply beginning 
19July 1, 2015. From July 1, 2015 through December 31, 2015, 
20enforcement of the provisions of this Section shall be limited 
21to education and notification of the requirements to encourage 
22compliance.