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  The ILCC Legal Division

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TPP-29:
Retailers Making Excessive Purchases

I. Purpose

This policy defines the procedures to be followed when a retailer makes excessive purchases of alcohol from a wholesaler for purposes of resale.

II. Policy

It is the policy of the Illinois Liquor Control Commission (ILCC) to prevent a retailer from purchasing more alcoholic liquor than it can possibly sell for use or consumption.

III. Background

According to 235 ILCS 5/5-1(d), a retailer's license allows the licensee to sell or offer for sale alcoholic liquor only for use or consumption and not for resale in any form. The retailer may warehouse liquor. Thus, when a retailer purchases excessive amounts of alcoholic liquor, the presumption may arise that the retailer intends to sell or offer for sale alcoholic liquor for resale.

Regulation 100.30 provides that no licensee shall violate any federal, state, or Illinois law. The violation of any such law is sufficient cause for revocation or suspension of any licensed issued by the ILCC.

IV. Procedure

  1. When a distributor reasonably believes a retailer is making excessive purchases in accordance with this policy, the distributor shall immediately notify the Commission. The distributor shall continue to supply products to the retailer until such time as he is notified by the ILCC that the retailer’s actions were in violation of law. In the event it is preliminarily determined by the ILCC that a violation occurred, the retailer and distributor will be notified and the matter shall proceed through the normal disciplinary channels.
  2. The distributor may make his own independent determination of this situation by examining the retailer's previous purchase patterns for a particular product and comparing them with current behavior. The distributor shall not unilaterally cease to supply products to the retailer, but shall do so only on direction from the ILCC.
  3. The distributor must notify the ILCC immediately of such practice.
  4. Failure to do so could subject the distributor's license to suspension or revocation pursuant to Regulation 100.30.

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