HB2502 EngrossedLRB103 28642 RPS 55023 b HB2502 Engrossed LRB103 28642 RPS 55023 b HB2502 Engrossed LRB103 28642 RPS 55023 b 1 AN ACT concerning liquor. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Liquor Control Act of 1934 is amended by 5 changing Section 6-35 as follows: 6 (235 ILCS 5/6-35) 7 Sec. 6-35. Alcopops. 8 (a) For purposes of this Section: , 9 "Alcopop alcopop" means a flavored alcoholic beverage or 10 flavored malt beverage that includes (i) a malt beverage 11 containing a malt base or beer and added natural or artificial 12 blending material, such as fruit juices, flavors, flavorings, 13 colorings, or preservatives where the beverage constitutes 14 0.5% or more of alcohol by volume such blending material 15 constitutes .5% or more of the alcohol by volume contained in 16 the finished beverage; (ii) a beverage containing wine and 17 more than 15% added natural or artificial blending material, 18 such as fruit juices, flavors, flavorings, or adjuncts, water 19 (plain, carbonated, or sparkling), colorings, or 20 preservatives; (iii) a beverage containing distilled alcohol 21 and added natural or artificial blending material, such as 22 fruit juices, flavors, flavorings, colorings, or 23 preservatives; or (iv) an alcohol malt beverage containing HB2502 Engrossed LRB103 28642 RPS 55023 b HB2502 Engrossed- 2 -LRB103 28642 RPS 55023 b HB2502 Engrossed - 2 - LRB103 28642 RPS 55023 b HB2502 Engrossed - 2 - LRB103 28642 RPS 55023 b 1 caffeine, guarana, taurine, or ginseng, where the beverage 2 constitutes 0.5% or more of alcohol by volume. 3 "Immediately adjacent" means directly touching or 4 immediately bordering one another from above, below, or the 5 side. "Immediately adjacent" does not include a separate 6 aisle. 7 "Retail sales floor" means the part of a retailer's 8 premises that contains goods on display that are freely 9 accessible to the consumer 10 (b) No entity may advertise, promote, or market any 11 alcopop beverages toward children. Advertise, promote, or 12 market includes, but is not limited to the following: 13 (1) the use of cartoons and youth-orientated photos in 14 advertising, promotion, packaging, or labeling of alcohol 15 products; 16 (2) sponsorships of athletic events where the intended 17 audience is primarily children; 18 (3) billboards advertising alcopops, as defined in 19 items (i), (ii), and (iii) of subsection (a) of this 20 Section, placed within 500 feet of schools, public parks, 21 amusement parks, and places of worship; and 22 (4) the display of any alcopop beverage in any 23 videogame, theater production, or other live performances 24 where the intended audience is primarily children. 25 (b-5) No retail establishment with a retail sales floor 26 that exceeds 2,500 square feet shall display alcopops HB2502 Engrossed - 2 - LRB103 28642 RPS 55023 b HB2502 Engrossed- 3 -LRB103 28642 RPS 55023 b HB2502 Engrossed - 3 - LRB103 28642 RPS 55023 b HB2502 Engrossed - 3 - LRB103 28642 RPS 55023 b 1 immediately adjacent to soft drinks, fruit juices, bottled 2 water, candy, or snack foods portraying cartoons or 3 youth-oriented photos. 4 (b-10) Any retail establishment with a retail sales floor 5 that is equal to or less than 2,500 square feet shall either: 6 (1) not display alcopops immediately adjacent to soft 7 drinks, fruit juices, bottled water, candy, or snack foods 8 portraying cartoons or youth-oriented photos; or 9 (2) equip any such display that contains alcopops and 10 is immediately adjacent to soft drinks, fruit juices, 11 bottled water, candy, or snack foods portraying cartoons 12 or youth-oriented photos with signage that is clearly 13 visible to consumers, is not less than 8.5 x 11 inches, and 14 states the following: "This product is an alcoholic 15 beverage available only to persons who are 21 years of age 16 or older.". Such sign may be provided by the State 17 Commission or by the licensee. 18 (b-15) Subsections (b-5) and (b-10) do not apply to a 19 shelf, aisle, display, or display area in which the primary 20 items for sale are alcoholic liquors or in an area in which 21 persons under the age of 21 are prohibited from entering 22 without a parent or legal guardian. 23 (c) No entity shall sell for consumption an alcohol malt 24 beverage containing caffeine, guarana, taurine, or ginseng, 25 where the beverage constitutes 0.5% or more of alcohol by 26 volume, unless individual containers of the beverage have HB2502 Engrossed - 3 - LRB103 28642 RPS 55023 b HB2502 Engrossed- 4 -LRB103 28642 RPS 55023 b HB2502 Engrossed - 4 - LRB103 28642 RPS 55023 b HB2502 Engrossed - 4 - LRB103 28642 RPS 55023 b 1 imprinted on each individual container the following: 2 (1) the words "contains alcohol"; and 3 (2) the alcohol content of the beverage. 4 (d) Any person who violates this Section is guilty of a 5 business offense and shall be fined $500 for a first offense 6 and $1,000 for a second or subsequent offense. 7 (e) Nothing in this Section shall be construed to be 8 inconsistent with any other provision of this Section or any 9 other State or federal laws, rules, or regulations regarding 10 the labeling of alcoholic beverages. 11 (Source: P.A. 95-618, eff. 6-1-08; 95-860, eff. 1-1-09.) HB2502 Engrossed - 4 - LRB103 28642 RPS 55023 b