Illinois § 6-9.5

§ 6-9.5.

Definitions. As used in this Section through Section 6-9.15: "Common ownership" means any ownership interest of more than 5% of the total ownership interest of 2 or more retail licensees. "Cooperative agent" means a person or persons with the authority to contract for the purchase and delivery of wine and spirits on behalf of a cooperative purchase group. "Cooperative purchase group" means a group of 2 or more individually owned or commonly owned retail licensees who join together to enter into a cooperative purchase agreement. "Cooperative purchasing agreement" means an agreement entered into between 2 or more individually owned, commonly owned, or not commonly owned retail licensees for the purpose of purchasing wine or spirits, excluding any product fermented with malt or any substitute for malt, from a distributor or importing distributor. "Quantity discounting" means a sales program between a wine or spirits distributor or importing distributor and a retail licensee, retail licensees, or a cooperative purchase group in which the primary purpose of the program is to increase product sales to retail licensees and is not a subterfuge to provide prohibited things of value as inducements to retail licensees or to the members of a cooperative purchasing group. "Quantity discounting" includes circumstances in which a wine or spirits distributor or importing distributor offers a retail licensee, retail licensees, or a cooperative purchase group a discount based upon an agreement by which the retail licensee, retail licensees, or a cooperative purchase group may purchase a predetermined number of products in return for receiving a discount on the goods purchased that may be applied either as a price reduction at the time of sale or as a rebate or credit following the sale. (Source: P.A. 102-442, eff. 8-20-21.)