As we told you yesterday, the commission – earlier this week – released three other documents.
The headliner this time around is an amicus brief from Wine and Spirits Distributors of Illinois (WSDI). For those unfamiliar with legal jargon, an amicus brief is filed by an interested party in a case who is not directly named.
The 193 page brief, with supporting documents, is a scathing assault on Anheuser-Busch and its wholly owned subsidiary, Wholesaler Equity Development Corporation (WEDCO), which has a minority stake in City Beverage.
The ILCC, this summer, cited AB and WEDCO for violating the Illinois Liquor Control Act and wants the company to divest itself from City Beverage.
In its brief the WSDI calls for the ILCC to suspend City Beverage’s licenses, to turn the matter over to the Illinois Attorney General’s Office and requests an investigation into whether AB has “de facto” control over City Beverage and, if so, to turn the matter over to the Alcohol and Tobacco Tax and Trade Bureau because it may be a violation of AB’s Federal Basic Permits.
“Documents produced in discovery here indicate a real possibility that CITY is but a front for WEDCO to unlawfully operate and control a distributorship in deliberate and willful violation of the Act. For example, in a document dated November 18, 2010 titled “City Beverage-Response to ILCC Questions” it is stated in item 2, “WEDCO’s retained rights,” that WEDCO retains the “right to approve 3 of 4 top management employees.” Another document indicates that on September 27, 2011, City Beverage Illinois added two new managers, including Joaquin Schlottman.Previously, Mr. Schlottman managed AB’s distributor operations. These relationships raise serious questions concerning AB’s potential de facto control of the operations of CITY through WEDCO. Such an arrangement could well violate Section 5/6-2(15) of the Act and, may also violate the terms of its Federal Basic Permits, which as mentioned above are conditioned upon compliance with all applicable State laws.”
It’s important to note that while an amicus brief can provide further information on a case it can also be used to forward the cause of one of the parties.
Regardless, this is some pretty heavy stuff leveled by the WSDI.
The other two documents, released Wednesday and Thursday, are slightly less intriguing. One is the ILCC Legal Division’s response to a motion filed by AB. The second is a motion filed by WEDCO requesting the legal division to respond to the aforementioned motion.
All documents are below.
Wine and Spirits Distributors of Illinois Amicus Brief:
Illinois Liquor Control Commission Legal Division response to Anheuser-Busch Motion:
Wholesaler Equity Development Corporation motion requesting response to aforementioned AB Motion: