Sec. 6-37.5. Transfer of wine or spirits by a retail licensee with multiple licenses.

390 words·~2 min read·/il/chapter-235/act-5/6-37-5

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(a)No original package of wine or spirits may be transferred from one retail licensee to any other retail licensee without prior permission from the State Commission; however, if the same retailer owns more than one licensed retail location, an off-premise retailer may transfer up to 3% of its average monthly purchases by volume and an on-premise retailer may transfer up to 5% of its average monthly purchases by volume of original package of wine or spirits from one or more of such retailer's licensed locations to another of that retailer's licensed locations each month without prior permission from the State Commission, subject to the following conditions:

(1)notice is provided to the distributor responsible for the geographic area of the

brand, size, and quantity of the wine or spirits to be transferred within the geographic area; and

(2)the transfer is made by common carrier, a licensed distributor's or importing

distributor's vehicle, or a vehicle owned and operated by the licensee.

(b)All transfers must be properly documented on a form provided by the State Commission that includes the following information:

(1)the license number of the retail licensee's location from which the transfer is to

be made and the license number of the retail licensee's location to which the transfer is to be made;

(2)the brand, size, and quantity of the wine or spirits to be transferred; and

(3)the date the transfer is made.

(c)A retail licensee location that transfers or receives an original package of wine or spirits as authorized by this Section shall not be deemed to be engaged in business as a wholesaler or distributor based upon the transfer authorized by this Section.

(d)A transfer authorized by this Section shall not be deemed a sale.

(e)A retailer that is delinquent in payment pursuant to Section 6-5 shall be prohibited from transferring wine or spirits to a commonly owned retailer pursuant to this Section until the indebtedness is cured.

(f)As used in this Section:

"Average monthly purchases" is calculated using a 12-month rolling average of the total volume purchased over the 12 most recent months previous to the month in which the transfer is made and dividing that total by 12.

"Month" means a calendar month.