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  The ILCC Legal Division

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TPP-23:
Transportation and Delivery of Alcohol

I. Purpose

This policy establishes guidelines for the transportation and delivery of alcohol within the State of Illinois.

II. Policy

It is the policy of the Illinois Liquor Control Commission (ILCC) to allow the transportation and delivery of alcohol under specified circumstances.

III. Background

235 ILCS 5/2-1 provides that no person shall transport or deliver any alcoholic liquor for beverage purposes, except as specifically provided by the Liquor Control Act (“Act”). However, the Act does not prevent the transportation of alcoholic liquor for the personal use of the possessor, his family or guests.

235 ILCS 5/6-7 provides that any package containing alcoholic liquor shall have affixed to it all cancelled revenue stamps which may be provided by Federal law and shall bear a clear and legible label containing certain specified information. Additionally, the package shall be securely sealed so that the contents cannot be removed without breaking the manufacturer’s seal.

235 ILCS 5/6-8 provides the procedure for the transportation and delivery of alcohol into Illinois.

235 ILCS 5/6-29, the Interstate Reciprocal Wine Shipments provision, limits the shipping of wine for personal use to not more than two (2) cases per year per adult resident of Illinois. Each case may contain not more than nine (9) liters.

235 ILCS 5/6-29.1, Direct shipments of alcoholic liquor.

Pursuant to the Twenty-First Amendment to the United States Constitution allowing the states to regulate the distribution and sale of alcoholic liquor and pursuant to the federal Webb-Kenyon Act declaring that alcoholic liquor shipped in interstate commerce must comply with state laws, the General Assembly hereby finds and declares that selling alcoholic liquor from a point outside this State through various direct marketing means, such as catalogs, newspapers, mailers, and the Internet, ­directly to residents of this State poses a serious threat to the State's efforts to prevent youths from accessing alcoholic liquor; to State revenue collections; and to the economy of this State.

Any person manufacturing, distributing, or selling alcoholic liquor who knowingly ships or transports or causes the shipping or transportation of any alcoholic liquor from a point outside this State to a person in this State who does not hold a manufacturer's, distributor's, importing distributor's, or non-resident dealer's license issued by the Liquor Control Commission, other than a shipment of sacramental wine to a bona fide religious organization, a shipment authorized by Section 6-29, or any other shipment authorized by this Act, is in violation of this Act.

The Commission, upon determining, after investigation, that a person has violated this Section, shall give notice to the person by certified mail to cease and desist all shipments of alcoholic liquor into this State and to withdraw from this State within 5 working days after receipt of the notice all shipments of alcoholic liquor then in transit.

Whenever the Commission has reason to believe that a person has failed to comply with the Commission notice under this Section, it shall notify the Department of Revenue and file a complaint with the State's Attorney of the county where the alcoholic liquor was delivered or with appropriate law enforcement officials.

Failure to comply with the notice issued by the Commission under this Section constitutes a business offense for which the person shall be fined not more than $1,000 for a first offense, not more than $5,000 for a second offense, and not more than $­10,000 for a third or subsequent offense. Each shipment of alcoholic liquor delivered in violation of the cease and desist notice shall constitute a separate offense.

235 ILCS 5/8-12 and Section 420.100 of the Revenue Regulations provide that every person or carrier transporting alcoholic liquors into the State of Illinois shall keep a record of any deliveries and file a monthly report with the Department of Revenue.

235 ILCS 5/8-1 and Section 420.30 of the Revenue Regulations provide for the gallonage tax liability for the sale and transportation of alcohol.

IV. Procedures

  1. All alcoholic liquor imported into Illinois must be off-loaded from the common carrier, vehicle or mode of transportation by which the alcoholic liquor was delivered into Illinois.
  2. All alcoholic liquor imported into Illinois must be delivered to an importing distributor.
  3. A distributor or importing distributor, upon application to the ILCC, may secure permission to deliver beer directly to a retail licensee holding or otherwise participating in a special event.
  4. Any manufacturer, distributor, importing distributor or foreign importer may only sell or deliver packages containing alcoholic liquor which have affixed to them the following:
    1. all cancelled revenue stamps which may be provided by Federal law,
    2. a clear and legible label containing
      1. the name and address of the manufacturer,
      2. the kind of alcoholic liquor contained therein, and
      3. in the case of alcoholic liquor (other than beer, imported Scotch whiskey and brandy 4 years old or more) the date when manufactured and the minimum alcoholic content thereof.
  5. No package shall be delivered by any manufacturer, distributor, importing distributor or foreign importer unless the same shall be securely sealed so that the contents thereof cannot be removed without breaking the seal so placed thereon by the manufacturer.
  6. Any person or party who brings, carries or transports alcoholic liquors into the State of Illinois for delivery in Illinois must prepare and file with the Department of Revenue for each month, not later than the fifteenth day of the month following that for which it is made, a report stating the following information:
    1. the name of the person or party making the report,
    2. the address in Illinois at which the records supporting such report are kept and open to inspection,
    3. the period of time covered by the report,
    4. the name and business address of each consignor,
    5. 5the name and business address of each consignee,
    6. the kind and quantity of alcoholic liquors delivered to each consignee, and the date(s) of delivery.
  7. The books and records supporting such report shall be kept and preserved for a period of three (3) years, unless their destruction sooner is authorized in writing by the Director of the Department of Revenue.
  8. All applicable taxes must be paid to the Department of Revenue (see 235 ILCS 5/8-1 and Section 420.30 of the Revenue Regulations).
  9. The Liquor Control Act does not prevent the possession and transportation of alcoholic liquor for the personal use of the possessor, his family and guests. Each adult may receive up to two (2) cases of wine per year. Each case may contain not more than nine (9) liters.

V. Exceptions

There are situations in which the shipping into the State of Illinois of unregistered alcoholic beverages is permissible notwithstanding the above prohibitions and conditions.

  1. Test Marketing of product in accordance with TPP-14.
  2. Shipment of limited quantities to writers or reviewers in the alcoholic beverage industry, to whom shipments are made for the purpose of consumption, evaluation and critical comment. The quantities allowable are usually one bottle per product type, but in no event should the quantity be sufficient to be considered “re-sellable.”
  3. Other situations will be evaluated on a case-by-case submission.

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