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
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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
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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
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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.)
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