Public Act 103-0904
 
SB2625 EnrolledLRB103 34905 RPS 64776 b

    AN ACT concerning liquor.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Liquor Control Act of 1934 is amended by 
changing Section 1-3.05 and by adding Sections 1-3.45, 1-3.46, 
6-35.1, and 6-35.2 as follows:
 
    (235 ILCS 5/1-3.05)  (from Ch. 43, par. 95.05)
    Sec. 1-3.05. "Alcoholic liquor" includes alcohol, spirits, 
wine and beer, and every liquid or solid, patented or not, 
containing alcohol, spirits, wine or beer, and capable of 
being consumed as a beverage by a human being. "Alcoholic 
liquor" also includes alcohol-infused products. The provisions 
of this Act shall not apply to alcohol used in the manufacture 
of denatured alcohol produced in accordance with Acts of 
Congress and regulations promulgated thereunder, nor to any 
liquid or solid containing one-half of one per cent, or less, 
of alcohol by volume. No tax provided for in Article VIII of 
this Act shall apply to wine intended for use and used by any 
church or religious organization for sacramental purposes, 
provided that such wine shall be purchased from a licensed 
manufacturer or importing distributor under this Act.
(Source: P.A. 82-783.)
 
    (235 ILCS 5/1-3.45 new)
    Sec. 1-3.45. Alcohol-infused products. "Alcohol-infused 
products" means any frozen or unfrozen, solid or semi-solid 
food in a form other than liquid, including, but not limited 
to, ice cream, ice pops, whipped cream, gelatin-based 
products, and other similar products, containing more than 
0.5% alcohol by volume.
 
    (235 ILCS 5/1-3.46 new)
    Sec. 1-3.46. Co-branded alcoholic beverage. "Co-branded 
alcoholic beverage" means any alcoholic liquor containing the 
same or similar brand name, logo, or packaging as a 
non-alcoholic beverage.
 
    (235 ILCS 5/6-35.1 new)
    Sec. 6-35.1. Alcohol-infused products. 
    (a) In this Section, "immediately adjacent" means directly 
touching or immediately bordering one another from above, 
below, or the side. "Immediately adjacent" does not include a 
separate aisle.
    (b) Except for persons issued a license under this Act, no 
person shall manufacture, distribute, or sell alcohol-infused 
products.
    (c) No retail establishment with a retail sales floor area 
that exceeds 2,500 square feet shall display alcohol-infused 
products immediately adjacent to similar products that are not 
alcohol-infused products, such as non-alcoholic ice creams, 
whipped creams, frozen ice pops, gelatins, and other similar 
products, or immediately adjacent to soft drinks, fruit 
juices, bottled waters, candies, or snack foods portraying 
cartoons or youth-oriented images.
    (d) Any retail establishment with a retail sales floor 
that is equal to or less than 2,500 square feet shall either:
        (1) not display alcohol-infused products immediately 
    adjacent to similar products that are not alcohol-infused 
    products, such as non-alcoholic ice creams, whipped 
    creams, frozen ice pops, gelatins, and other similar 
    products, or immediately adjacent to soft drinks, fruit 
    juices, bottled waters, candies, or snack foods portraying 
    cartoons or youth-oriented images; or
        (2) equip any such display that contains 
    alcohol-infused products and is immediately adjacent to 
    similar products that are not alcohol-infused products, 
    such as non-alcoholic ice creams, whipped creams, frozen 
    ice pops, gelatins, and other similar products, or 
    immediately adjacent to soft drinks, fruit juices, bottled 
    waters, candies, or snack foods portraying cartoons or 
    youth-oriented images, with signage that is clearly 
    visible to consumers, is not less than 8.5 x 11 inches, and 
    states the following: "THIS PRODUCT IS AN ALCOHOLIC 
    BEVERAGE AVAILABLE ONLY TO PERSONS WHO ARE 21 YEARS OF AGE 
    OR OLDER." This sign shall be provided by the State 
    Commission.
    (e) Subsections (c) and (d) do not apply to an aisle or 
display area in which the primary items for sale are alcoholic 
liquors or in an area in which persons under the age of 21 are 
prohibited from entering without a parent or legal guardian.
    (f) Retail licensees under this Act shall not keep, expose 
for sale, or display alcohol-infused products immediately 
adjacent to products marketed toward children.
 
    (235 ILCS 5/6-35.2 new)
    Sec. 6-35.2. Co-branded alcoholic beverages.  
    (a) In this Section, "immediately adjacent" means directly 
touching or immediately bordering one another from above, 
below, or the side. "Immediately adjacent" does not include a 
separate aisle.
    (b) No retail establishment with a retail sales floor area 
that exceeds 2,500 square feet shall display co-branded 
alcoholic beverages immediately adjacent to soft drinks, fruit 
juices, bottled waters, candies, or snack foods portraying 
cartoons or youth-oriented images or immediately adjacent to 
products that are not alcohol-infused products, such as 
non-alcoholic ice creams, whipped creams, frozen ice pops, 
gelatins, and other similar products.
    (c) Any retail establishment with a retail sales floor 
that is equal to or less than 2,500 square feet shall either:
        (1) not display co-branded alcoholic beverages 
    immediately adjacent to soft drinks, fruit juices, bottled 
    waters, candies, or snack foods portraying cartoons or 
    youth-oriented images or immediately adjacent to products 
    that are not alcohol-infused products, such as 
    non-alcoholic ice creams, whipped creams, frozen ice pops, 
    gelatins, and other similar products; or
        (2) equip any such display that contains co-branded 
    alcoholic beverages and is immediately adjacent to soft 
    drinks, fruit juices, bottled waters, candies, or snack 
    foods portraying cartoons or youth-oriented images or 
    immediately adjacent to products that are not 
    alcohol-infused products, such as non-alcoholic ice 
    creams, whipped creams, frozen ice pops, gelatins, and 
    other similar products, with signage that is clearly 
    visible to consumers, is not less than 8.5 x 11 inches, and 
    states the following: "THIS PRODUCT IS AN ALCOHOLIC 
    BEVERAGE AVAILABLE ONLY TO PERSONS WHO ARE 21 YEARS OF AGE 
    OR OLDER." This sign shall be provided by the State 
    Commission.
    (d) Subsections (b) and (c) do not apply to an aisle or 
display area in which the primary items for sale are alcoholic 
liquors or in an area in which persons under the age of 21 are 
prohibited from entering without a parent or legal guardian.
    (e) Retail licensees under this Act shall not keep, expose 
for sale, or display co-branded alcoholic beverages 
immediately adjacent to products marketed toward children.