103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4212

 

Introduced 11/7/2023, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/1-3.05  from Ch. 43, par. 95.05
235 ILCS 5/1-3.45 new
235 ILCS 5/1-3.46 new
235 ILCS 5/6-35.1 new
235 ILCS 5/6-35.2 new

    Amends the Liquor Control Act of 1934. Provides that "alcoholic liquor" includes alcohol-infused products. Defines "alcohol-infused products" and "co-branded alcoholic beverage". Provides that, except for persons issued a license under the Act, no person shall manufacture, distribute, or sell alcohol-infused products. Provides that no retail establishment with a retail sales floor that exceeds 2,500 square feet shall display alcohol-infused products immediately adjacent to similar products that are not alcohol-infused products or immediately adjacent to soft drinks, fruit juices, bottled waters, candies, or snack foods portraying cartoons or youth-oriented images. Provides that 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. Provides that any retail establishment with a retail sales floor that is equal to or less than 2,500 square feet shall either not display alcohol-infused products or co-branded alcoholic beverages immediately adjacent to specified products or equip the display with specified signage. Prohibits retail licensees from keeping, exposing for sale, or displaying alcohol-infused products immediately adjacent to products marketed toward children.


LRB103 35056 CES 65007 b

 

 

A BILL FOR

 

HB4212LRB103 35056 CES 65007 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 1-3.05 and by adding Sections 1-3.45, 1-3.46,
66-35.1, and 6-35.2 as follows:
 
7    (235 ILCS 5/1-3.05)  (from Ch. 43, par. 95.05)
8    Sec. 1-3.05. "Alcoholic liquor" includes alcohol, spirits,
9wine and beer, and every liquid or solid, patented or not,
10containing alcohol, spirits, wine or beer, and capable of
11being consumed as a beverage by a human being. "Alcoholic
12liquor" also includes alcohol-infused products. The provisions
13of this Act shall not apply to alcohol used in the manufacture
14of denatured alcohol produced in accordance with Acts of
15Congress and regulations promulgated thereunder, nor to any
16liquid or solid containing one-half of one per cent, or less,
17of alcohol by volume. No tax provided for in Article VIII of
18this Act shall apply to wine intended for use and used by any
19church or religious organization for sacramental purposes,
20provided that such wine shall be purchased from a licensed
21manufacturer or importing distributor under this Act.
22(Source: P.A. 82-783.)
 

 

 

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1    (235 ILCS 5/1-3.45 new)
2    Sec. 1-3.45. Alcohol-infused products. "Alcohol-infused
3products" means any frozen or unfrozen, solid or semi-solid
4food in a form other than liquid, including, but not limited
5to, ice cream, ice pops, whipped cream, gelatin-based
6products, and other similar products, containing more than
70.5% alcohol by volume.
 
8    (235 ILCS 5/1-3.46 new)
9    Sec. 1-3.46. Co-branded alcoholic beverage. "Co-branded
10alcoholic beverage" means any alcoholic liquor containing the
11same or similar brand name, logo, or packaging as a
12non-alcoholic beverage.
 
13    (235 ILCS 5/6-35.1 new)
14    Sec. 6-35.1. Alcohol-infused products.
15    (a) In this Section, "immediately adjacent" means directly
16touching or immediately bordering one another from above,
17below, or the side. "Immediately adjacent" does not include a
18separate aisle.
19    (b) Except for persons issued a license under this Act, no
20person shall manufacture, distribute, or sell alcohol-infused
21products.
22    (c) No retail establishment with a retail sales floor area
23that exceeds 2,500 square feet shall display alcohol-infused
24products immediately adjacent to similar products that are not

 

 

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1alcohol-infused products, such as non-alcoholic ice creams,
2whipped creams, frozen ice pops, gelatins, and other similar
3products, or immediately adjacent to soft drinks, fruit
4juices, bottled waters, candies, or snack foods portraying
5cartoons or youth-oriented images.
6    (d) Any retail establishment with a retail sales floor
7that is equal to or less than 2,500 square feet shall either:
8        (1) not display alcohol-infused products immediately
9    adjacent to similar products that are not alcohol-infused
10    products, such as non-alcoholic ice creams, whipped
11    creams, frozen ice pops, gelatins, and other similar
12    products, or immediately adjacent to soft drinks, fruit
13    juices, bottled waters, candies, or snack foods portraying
14    cartoons or youth-oriented images; or
15        (2) equip any such display that contains
16    alcohol-infused products and is immediately adjacent to
17    similar products that are not alcohol-infused products,
18    such as non-alcoholic ice creams, whipped creams, frozen
19    ice pops, gelatins, and other similar products, or
20    immediately adjacent to soft drinks, fruit juices, bottled
21    waters, candies, or snack foods portraying cartoons or
22    youth-oriented images, with signage that is clearly
23    visible to consumers, is not less than 8.5 x 11 inches, and
24    states the following: "THIS PRODUCT IS AN ALCOHOLIC
25    BEVERAGE AVAILABLE ONLY TO PERSONS WHO ARE 21 YEARS OF AGE
26    OR OLDER." This sign shall be provided by the State

 

 

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1    Commission.
2    (e) Subsections (c) and (d) do not apply to an aisle or
3display area in which the primary items for sale are alcoholic
4liquors or in an area in which persons under the age of 21 are
5prohibited from entering without a parent or legal guardian.
6    (f) Retail licensees under this Act shall not keep, expose
7for sale, or display alcohol-infused products immediately
8adjacent to products marketed toward children.
 
9    (235 ILCS 5/6-35.2 new)
10    Sec. 6-35.2. Co-branded alcoholic beverages.
11    (a) In this Section, "immediately adjacent" means directly
12touching or immediately bordering one another from above,
13below, or the side. "Immediately adjacent" does not include a
14separate aisle.
15    (b) No retail establishment with a retail sales floor area
16that exceeds 2,500 square feet shall display co-branded
17alcoholic beverages immediately adjacent to soft drinks, fruit
18juices, bottled waters, candies, or snack foods portraying
19cartoons or youth-oriented images or immediately adjacent to
20products that are not alcohol-infused products, such as
21non-alcoholic ice creams, whipped creams, frozen ice pops,
22gelatins, and other similar products.
23    (c) Any retail establishment with a retail sales floor
24that is equal to or less than 2,500 square feet shall either:
25        (1) not display co-branded alcoholic beverages

 

 

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1    immediately adjacent to soft drinks, fruit juices, bottled
2    waters, candies, or snack foods portraying cartoons or
3    youth-oriented images or immediately adjacent to products
4    that are not alcohol-infused products, such as
5    non-alcoholic ice creams, whipped creams, frozen ice pops,
6    gelatins, and other similar products; or
7        (2) equip any such display that contains co-branded
8    alcoholic beverages and is immediately adjacent to soft
9    drinks, fruit juices, bottled waters, candies, or snack
10    foods portraying cartoons or youth-oriented images or
11    immediately adjacent to products that are not
12    alcohol-infused products, such as non-alcoholic ice
13    creams, whipped creams, frozen ice pops, gelatins, and
14    other similar products, with signage that is clearly
15    visible to consumers, is not less than 8.5 x 11 inches, and
16    states the following: "THIS PRODUCT IS AN ALCOHOLIC
17    BEVERAGE AVAILABLE ONLY TO PERSONS WHO ARE 21 YEARS OF AGE
18    OR OLDER." This sign shall be provided by the State
19    Commission.
20    (d) Subsections (b) and (c) do not apply to an aisle or
21display area in which the primary items for sale are alcoholic
22liquors or in an area in which persons under the age of 21 are
23prohibited from entering without a parent or legal guardian.
24    (e) Retail licensees under this Act shall not keep, expose
25for sale, or display co-branded alcoholic beverages
26immediately adjacent to products marketed toward children.