State of Illinois
2011 and 2012


Introduced 1/27/2011, by Sen. Ira I. Silverstein


235 ILCS 5/6-35
235 ILCS 5/6-36 new

    Amends the Liquor Control Act of 1934. Provides that no product that combines beer or any other alcoholic liquor with caffeine, guarana, taurine, or other similar substances that are commonly referred to as "alcohol energy drinks" may be imported into the State or produced, manufactured, distributed, sold, or offered for sale in this State by a licensee under the Act.

LRB097 05702 ASK 45765 b






SB0050LRB097 05702 ASK 45765 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 6-35 and by adding Section 6-36 as follows:
6    (235 ILCS 5/6-35)
7    Sec. 6-35. Alcopops.
8    (a) For purposes of this Section, "alcopop" means a
9flavored alcoholic beverage or flavored malt beverage that
10includes (i) a malt beverage containing a malt base or beer and
11added natural or artificial blending material, such as fruit
12juices, flavors, flavorings, colorings, or preservatives where
13such blending material constitutes .5% or more of the alcohol
14by volume contained in the finished beverage; (ii) a beverage
15containing wine and more than 15% added natural or artificial
16blending material, such as fruit juices, flavors, flavorings,
17or adjuncts, water (plain, carbonated, or sparkling),
18colorings, or preservatives; or (iii) a beverage containing
19distilled alcohol and added natural or artificial blending
20material, such as fruit juices, flavors, flavorings,
21colorings, or preservatives; or (iv) an alcohol malt beverage
22containing caffeine, guarana, taurine, or ginseng, where the
23beverage constitutes 0.5% or more of alcohol by volume.



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1    (b) No entity may advertise, promote, or market any alcopop
2beverages toward children. Advertise, promote, or market
3includes, but is not limited to the following:
4        (1) the use of cartoons and youth-orientated photos in
5    advertising, promotion, packaging, or labeling of alcohol
6    products;
7        (2) sponsorships of athletic events where the intended
8    audience is primarily children;
9        (3) billboards advertising alcopops, as defined in
10    items (i), (ii), and (iii) of subsection (a) of this
11    Section, placed within 500 feet of schools, public parks,
12    amusement parks, and places of worship; and
13        (4) the display of any alcopop beverage in any
14    videogame, theater production, or other live performances
15    where the intended audience is primarily children.
16    (c) No entity shall sell for consumption an alcohol malt
17beverage containing caffeine, guarana, taurine, or ginseng,
18where the beverage constitutes 0.5% or more of alcohol by
19volume, unless individual containers of the beverage have
20imprinted on each individual container the following:
21        (1) the words "contains alcohol"; and
22        (2) the alcohol content of the beverage.
23    (d) Any person who violates this Section is guilty of a
24business offense and shall be fined $500 for a first offense
25and $1,000 for a second or subsequent offense.
26    (e) Nothing in this Section shall be construed to be



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1inconsistent with any other provision of this Section or any
2other State or federal laws, rules, or regulations regarding
3the labeling of alcoholic beverages.
4(Source: P.A. 95-618, eff. 6-1-08; 95-860, eff. 1-1-09.)
5    (235 ILCS 5/6-36 new)
6    Sec. 6-36. Caffeinated alcohol beverages.
7    (a) The General Assembly hereby finds and declares that the
8Federal Drug Administration has determined products combining
9high levels of caffeine and alcohol are unsafe or adulterated
10and are hereby prohibited. Additionally, the General Assembly
11recognizes the State's authority to control the importation of
12alcoholic liquor as granted under the Twenty-First Amendment to
13the U.S. Constitution, which states that the "transportation or
14importation into any State, Territory, or possession of the
15United States for delivery or use therein of intoxicating
16liquors, in violation of the laws thereof, is hereby
18    (b) No alcoholic liquor that combines alcohol with
19caffeine, guarana, or other similar substances that are
20commonly referred to as "caffeinated alcohol beverages" may be
21imported into the State or produced, manufactured,
22distributed, sold, or offered for sale in this State by a
23licensee under this Act. This Section shall only apply to
24products that contain caffeine, guarana, or other similar
25substances that are added or mixed to alcoholic liquors.



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1    The Liquor Control Commission shall prohibit products
2under this subsection (b) from being produced, manufactured,
3distributed, sold, or offered for sale in this State by a
4licensee under this Act.
5    This Section does not apply to naturally caffeinated
6products such as coffee, made from the Coffea arabica plant;
7cola, made from kola nuts; teas made from plants such as the
8leaves of Thea sinensis; or cocoa.