SB2472sam002 95TH GENERAL ASSEMBLY

Sen. Heather Steans

Filed: 4/11/2008

09500SB2472sam002 LRB095 17318 RPM 49422 a

AMENDMENT TO SENATE BILL 2472

AMENDMENT NO. ______. Amend Senate Bill 2472 by replacing everything after the enacting clause with the following:

"Section 5. The Liquor Control Act of 1934 is amended by changing Section 6-35 as follows:

(235 ILCS 5/6-35)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 6-35. Alcopops Alcopop advertising.

(a) For purposes of this Section, "alcopop" means a flavored alcoholic beverage or flavored malt beverage that includes (i) a malt beverage containing a malt base or beer and added natural or artificial blending material, such as fruit juices, flavors, flavorings, colorings, or preservatives where such blending material constitutes .5% or more of the alcohol by volume contained in the finished beverage; (ii) a beverage containing wine and more than 15% added natural or artificial blending material, such as fruit juices, flavors, flavorings, or adjuncts, water (plain, carbonated, or sparkling), colorings, or preservatives; or (iii) a beverage containing distilled alcohol and added natural or artificial blending material, such as fruit juices, flavors, flavorings, colorings, or preservatives; or (iv) a flavored alcoholic beverage containing other stimulants, including, but not limited to, caffeine, guarana, taurine, or ginseng, where the beverage constitutes 0.5% or more of alcohol by volume.

(b) No entity may advertise, promote, or market any alcopop beverages toward children. Advertise, promote, or market includes, but is not limited to the following:

(1) the use of cartoons and youth-orientated photos in advertising, promotion, packaging, or labeling of alcohol products;

(2) sponsorships of athletic events where the intended audience is primarily children;

(3) billboards advertising alcopops placed within 500 feet of schools, public parks, amusement parks, and places of worship; and

(4) the display of any alcopop beverage in any videogame, theater production, or other live performances where the intended audience is primarily children.

(c) No entity shall sell for consumption flavored alcoholic beverages containing other stimulants, including, but not limited to, caffeine, guarana, taurine, or ginseng, unless individual containers of the beverage have imprinted on each individual container the following:

(1) the words "alcoholic beverage" or "contains alcohol"; and

(2) the alcohol content of the beverage.

(d) (c) Any person who violates this Section is guilty of a business offense and shall be fined $500 for a first offense and $1,000 for a second or subsequent offense.

(e) Nothing in this Section shall be construed to be inconsistent with any other provision of this Section or any other State or federal laws, rules, or regulations regarding the labeling of alcoholic beverages.

(Source: P.A. 95-618, eff. 6-1-08.)

Section 99. Effective date. This Act takes effect January 1, 2009.".