Will Illinois Let Wineries, Craft Brewers, and Distillers Sell At Farmers’ Markets?

Illinois Senate Bill 3456 should be called the “farmers’ market license law”.  This is a bill, with the Second Senate Amendment, that would augment the “special use permit license” definitions under the Illinois Liquor Control Act to allow Illinois licensed retailers to take some of their stock and go sell it at special events like farmers’ markets or festivals so long as they’ve identified the date in advance and the local liquor authority approves.

But it gets better.  There’s a tabled Illinois Senate Amendment (#3) that would create a “manufacturer special use permit” allowing in state and out-of-state winemakers, brewers, and distillers to let them sell beverages under the same circumstances (prior identification and approval of the event and local authority approval) to let them sell their own beverages at retail at these events.

Senate Amendment 1 to this bill (as well as the introduced bill) created this type of permit for wineries without the extension to other manufacturers.

Both Amendment 1 and Amendment 3 are currently automatically tabled under Senate Rule 5-4(a) because they were pending at the time the bill passed the Senate.

Many thanks to our friends at the Illinois Grape Growers and Vintners Association for informing us about this important piece of legislation.

In one sense, this bill could create a great exception for wineries, craft brewers, and craft distillers to direct market their products at local events.  As passed currently with the second amendment, it just lets retailers sell their inventory at these events.

Ashley Brandt

Hi there! I’m happy you’re here. My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Goldstein & McClintock, with some truly brilliant people. Feel free to contact me at any time with any issues, comments, concerns… frankly, after reading this far, I hope you take the time to at least let me know what you think about the blog and how I can make it a better resource.

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