Ill. Admin. Code tit. 11, § 100.250 - Transfer of Alcohol
a) The
holder of a retail license is prohibited from selling, giving, or transferring
alcoholic products subject to the jurisdiction of the Act to another retail
license holder unless permitted by the Act, this Part, or an express
authorization by the Commission.
b)
The holder of a retail license is prohibited from purchasing, receiving, or
accepting alcoholic products subject to the jurisdiction of the Act from
another retail license holder unless permitted by the Act, this Part, or an
express authorization by the Commission.
c) Unless otherwise permitted by the Act,
this Part, or the express authorization of the Commission, a retail licensee
shall purchase all alcoholic products subject to the jurisdiction of the Act
from an Illinois licensed distributor or a licensee holding a self-distribution
exemption in which there is a bona fide transfer of title.
d) Transfer of Alcohol Approval Process
1) The Commission may authorize the holder of
a retail license to sell, give, transfer, purchase, receive or accept alcoholic
products subject to the Act, to or from another holder of a retail
license.
2) The Commission may
delegate to Commission staff the review, approval, or denial of the request to
transfer alcohol.
3) The request
must be approved by the Commission prior to the transfer.
4) The request shall be submitted on forms
provided by the Commission. Forms must be completed in their entirety prior to
review or approval by the Commission.
5) In normal circumstances, a request must be
submitted and approved by the Commission prior to the transfer. In the case of
an imminent act of god, the request must be received prior to the
transfer.
6) The Commission will
review each request based on the information provided in the request and other
factors known to the Commission.
7)
Each request will be reviewed independently of any other licenses held by the
owners.
8) The authorization may be
subject to conditions imposed by the Commission at the time of the
approval.
9) Upon approval by the
Commission, the licensee must maintain a copy of the authorization at its
premises for a period of 90 days following approval or until all transferred
products have been sold by the licensee, whichever is later.
e) In reviewing a transfer
request, the Commission may utilize the following factors:
1) Acts of god (such as, but not limited to,
fires, explosions, tornadoes, earthquakes, drought, and floods);
2) Federal, State, or local law
change;
3) Other unforeseeable
circumstances beyond the control of the licensee, such as circumstances:
A) the licensee cannot reasonably take
precautions to prevent; and
B) in
which the only reasonable method of dispossessing of the alcoholic liquor
products would be through a transfer to another licensee;
4) Bankruptcy;
5) Permanent or temporary closure of the
licensee; or
6) A new licensee
opens a business at the same location where the prior licensee conducted
business, when the new licensee takes possession of the inventory of the
immediately prior licensee.
f) This Section shall not apply to transfers
made under Section
100.150
(Salvaged Alcoholic Liquors).
g)
For the purposes of this Section, "retail license" shall include the following
licenses: retailer, caterer retailer, Special Event Retailer's
(not-for-profit), railroad, boat, wine maker's premises, airplane, brew pub,
and distiller pub licenses (Section 5-1 of the Act).
Notes
Amended at 23 Ill. Reg. 3787, effective March 15, 1999
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