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  The ILCC Legal Division

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TPP-33:
Brew On Premises

I. Purpose

The purpose of this policy is to set the procedures whereby a person may be licensed to operate within the State of Illinois, to provide to individuals over the age of 21 years, for a fee, the facilities, equipment, component grains and hops, ingredients, water, instruction, reference materials, and other products and services necessary to brew, ferment or bottle beer upon his premises, for personal use and consumption by the person(s) performing the brewing tasks, and not for re-sale.

II. Policy

It is the policy of this Commission to allow person(s) to be licensed to operate within the State of Illinois, to provide for a fee, the facilities, equipment, component grains and hops, water, instruction, reference materials, and other products and services necessary to brew beer upon its premises, for consumption off the premises by the person(s) performing the brewing tasks.

III. Background

Section 5/2-1 of the Liquor Control Act (235 ILCS 5/2-1), entitled “Scope of Act” provides in relevant part:

“No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish or possess any alcoholic liquor for beverage purposes, except as specifically provided in this Act, provided, however, nothing herein contained shall prevent the possession and transportation of alcoholic liquor for the personal use of the possessor, his family and guests, nor prevent the making of wine, cider or other alcoholic liquor by a person from fruits, vegetables or grains, or the products thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker, his family and his guests;...”

Federal law allows the production of one hundred (100) gallons of beer per person, per household, per year, to a maximum of two hundred (200) gallons if the household had two or more adults, without payment of federal taxes.

IV. Procedures

  1. Brew On Premises as a Business
    Individuals wishing to conduct a business which shall provide to individuals over the age of 21 years, for a fee, the facilities, equipment, component grains and hops, ingredients, water, instruction, reference materials, and other products and services necessary to brew, ferment or bottle beer upon his premises, for personal use and consumption by the person(s) performing the brewing tasks, and not for re-sale shall comply with the following:
    1. Secure a local retail liquor license, the type to be determined by local ordinance.
    2. Secure a State retail liquor license.
    3. Possess no manufacturer, distributor or importing distributor license.
    4. Allow no employee, agent or servant to manufacturer beer.
    5. Neither sell nor allow sales on premises of the beer manufacture thereon.
    6. Allow no consumption of beer or other alcoholic products on the premises.
    7. Verify the beer produced on premises is for personal or family use and may not be resold or produced in violation of other State or local laws.
    8. All vessels or receptacles sold to customers to contain the premises-made beer shall exhibit, or have attached labels stating, the words “Bottled at: (Insert the name of the licensee and the premises address)” and shall be capped or otherwise sealed before being removed from the licensed premises.
    9. Maintain records relating to individuals using the facility, i.e. name, address, number of adults in individual’s household; a running total of quantity of beer (gallonage) produced per visit and calendar year, which records shall be available for inspection by agents of the Commission, in addition to records kept pursuant to Regulation 100.260.
    10. Verify that no individuals less than 21 years of age be allowed to manufacture beer on the licensed premises.

  2. Brewing Beer for Personal Use
    1. Individuals may brew up to 100 gallons per year per person, or 200 gallons per year per household if two or more adults live in the household [27 CFR 25.205(b)].
    2. Beer must be solely for the use of the brewer, his family or his guests [235 ILCS 5/2-1)].
    3. Brewing may be done off premises.
    4. No license shall be needed for an individual to manufacture beer for personal use.

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