HB0630ham001 98TH GENERAL ASSEMBLY

Rep. Keith Farnham

Filed: 3/19/2013

09800HB0630ham001 LRB098 03452 MGM 43368 a

AMENDMENT TO HOUSE BILL 630

AMENDMENT NO. ______. Amend House Bill 630 by replacing everything after the enacting clause with the following:

"Section 5. The Liquor Control Act of 1934 is amended by adding Sections 1-3.39 and 5-5.5 as follows:

(235 ILCS 5/1-3.39 new)

Sec. 1-3.39. "Homemade fermented beverages" means beer, wine that is not fortified by the addition of alcohol or spirits, or alcoholic liquor made by a person 21 years of age or older, through his or her own efforts, at his or her place of residence or another location with permission from the property owner, and not for a commercial purpose, but for consumption by that person or his or her family and guests or for use at an exhibition, demonstration, judging, tasting, or sampling or as part of a contest or competition authorized by Section 5-5.5 of this Act. "Homemade fermented beverages" does not include spirits.

(235 ILCS 5/5-5.5 new)

Sec. 5-5.5. Homemade fermented beverages.

(a) No license or permit is required under this Act for the making of homemade fermented beverages or for the possession, transportation, or storage of homemade fermented beverages by any person 21 years of age or older, if all of the following apply:

(1) the person who makes the homemade fermented beverages receives no compensation;

(2) the homemade fermented beverages is not sold or offered for sale; and

(3) the total quantity of homemade fermented beverages made, in a calendar year, by the person does not exceed 100 gallons if the household has only one person 21 years of age or older or 200 gallons if the household has 2 or more persons 21 years of age or older.

(b) A person who makes, possesses, transports, or stores homemade fermented beverages in compliance with the limitations specified in subsection (a) is not a brewer, craft brewer, wholesaler, retailer, or a manufacturer of fermented beverages for purposes of this Act.

(c) Homemade fermented beverages made in compliance with the limitations specified in subsection (a) may be consumed by the person who made it and his or her family, neighbors, and friends at any private residence or other private location where the possession and consumption of alcohol is permissible under this Act, local ordinances, and other applicable law.

(d) Homemade fermented beverages made in compliance with the limitations specified in subsection (a) may be used for the purposes of exhibition, demonstration, judging, tasting, or sampling or as part of a contest or competition, if the event is held at a private residence or on a licensed premises. Homemade fermented beverages used for purposes described in this subsection (d), including the submission or consumption of such homemade fermented beverages, are not considered sold or offered for sale under this Act and any prize awarded at a contest or competition or as a result of an exhibition, demonstration, judging, tasting, or sampling is not considered compensation under this Act. An exhibition, demonstration, judging, tasting, sampling, contest, or competition held by a licensee on a licensed premises may require an admission charge to the event, but no separate or additional fee may be charged for the consumption of a person's homemade fermented beverages at the exhibition, demonstration, judging, tasting, sampling, contest, or competition. Event admission charges that are collected may be partially used to provide prizes to makers of homemade fermented beverages, but the admission charges may not be divided in any fashion among the makers of the homemade fermented beverages who participate in the event. Homemade fermented beverages used for the purposes described in this subsection (d) are not considered sold or offered for sale under this Act if a maker of homemade beverages receives free event admission or discounted event admission in return for the maker's donation of the homemade beverages to an event specified in this subsection (d) that collects event admission charges. Free admission or discounted admission to the event is not considered compensation under this Act. No admission fee and no charge for the consumption of a person's homemade fermented beverages may be charged if the exhibition, demonstration, judging, tasting, sampling, contest, or competition is held at a private residence.

(e) A person who is not a licensee under this Act may at a private residence, and a person who is a licensee under this Act may on the licensed premises, conduct, sponsor, or host a contest, competition, or other event for the exhibition, demonstration, judging, tasting, or sampling of homemade fermented beverages made in compliance with the limitations specified in subsection (a), if the person does not sell the homemade fermented beverages and, unless the person is the brewer of the homemade fermented beverages, does not acquire any ownership interest in the homemade fermented beverages. The fact that a person is acting in a manner authorized by this Section is not, by itself, sufficient to constitute a public nuisance under Section 10-7 of this Act. If the contest, competition, or other event is held on licensed premises, the licensee may allow the homemade fermented beverages to be stored on the premises if the homemade fermented beverages is clearly identified and kept separate from any alcohol beverages owned by the licensee. If the contest, competition, or other event is held on licensed premises, other provisions of this Act not inconsistent with this Section apply.

Section 99. Effective date. This Act takes effect upon becoming law.".