Section 100.90 Credit to Retail
Licensees
The following rule shall govern in the application of the
provisions of Section 6-5 of the Act [235 ILCS 5/6-5] relating to
extension of credit to retail licensees by manufacturers,
distributors and importing distributors:
a) Where two or more retail licensees are controlled by common
ownership and one or more of the retail licensees becomes
delinquent, all retail licensees under the common ownership shall
be deemed delinquent.
b) In totaling the 30 day period for the purpose of determining
the delinquency of a retail licensee, the first day shall be the
day immediately following the date of the invoice of the purchase
in question, and all successive days shall be included, Sunday as
well as holidays, up to and including the thirtieth successive
day.
c) Payment by check on or before the thirtieth day following the
date of the invoice shall be considered payment, providing the
check is deposited and cleared within the period prescribed by
the ordinary course of business.
d) Where a bona fide sale of a retail business occurs, the
purchaser shall not be deemed delinquent because of the
delinquency of the purchaser's predecessor in interest; however,
in the event there is a continuity of interest, direct or
indirect, between the seller and the purchaser, the latter shall
be deemed delinquent in the same manner, and to the same extent,
as was the seller.
e) Where there exists a bona fide dispute between the retail
licensee and the wholesale licensee as to the fact of payment for
a given sale, the sale in itself shall not be deemed sufficient
grounds for considering the retail licensee delinquent.
f) Where a retail licensee pays a salesman, or other agent of the
wholesaler, the payment shall be deemed effective upon the
receipt of the money or check by the salesman or other agent.
g) Where a retail licensee is deemed delinquent and, therefore,
not able to purchase for cash, or otherwise, any alcoholic
liquors, the retail licensee may, nevertheless, purchase beer for
cash.
h) Payment received from a delinquent retailer after the first
business day of the calendar week and before a verified writ-ten
statement of delinquency has been submitted to the Commission
will entitle the manufacturer, importing distributor or
distributor submitting the list to delete that retailer's name
from the list.
i) Determinations of delinquency or nondelinquency shall be made
by the Chairman, Executive Director or any individual so
authorized by the Chairman or Executive Director on the basis of
the verified report of delinquency and any affidavits or
counter-affidavits before him or her. Any licensee objecting to
such determination may request the Commission in writing for a
hearing which will be set at the next regularly scheduled meeting
of the Commission.
j) A copy of any verified written list of delinquencies shall be
simultaneously forwarded to those licensees listed therein by the
manufacturer, importing distributor or distributor submitting the
list.
(Source: Amended at 18 Ill. Reg. 4811, effective March 9, 1994)