Illinois Statutes Chapter 235. Liquor § 5/6-37.5. Transfer of wine or spirits by a retail licensee with multiple licenses

(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:

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

(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.