Full Text of SB0050 97th General Assembly
SB0050eng 97TH GENERAL ASSEMBLY |
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| 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 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 | 9 | | flavored alcoholic beverage or flavored malt beverage that | 10 | | includes (i) a malt beverage containing a malt base or beer and | 11 | | added natural or artificial blending material, such as fruit | 12 | | juices, flavors, flavorings, colorings, or preservatives where | 13 | | such blending material constitutes .5% or more of the alcohol | 14 | | by volume contained in the finished beverage; (ii) a beverage | 15 | | containing wine and more than 15% added natural or artificial | 16 | | blending material, such as fruit juices, flavors, flavorings, | 17 | | or adjuncts, water (plain, carbonated, or sparkling), | 18 | | colorings, or preservatives; or (iii) a beverage containing | 19 | | distilled alcohol and added natural or artificial blending | 20 | | material, such as fruit juices, flavors, flavorings, | 21 | | colorings, or preservatives ; or (iv) an alcohol malt beverage | 22 | | containing caffeine, guarana, taurine, or ginseng, where the | 23 | | beverage constitutes 0.5% or more of alcohol by volume . |
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| 1 | | (b) No entity may advertise, promote, or market any alcopop | 2 | | beverages toward children. Advertise, promote, or market | 3 | | includes, 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 | 17 | | beverage containing caffeine, guarana, taurine, or ginseng, | 18 | | where the beverage constitutes 0.5% or more of alcohol by | 19 | | volume, unless individual containers of the beverage have | 20 | | imprinted 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 | 24 | | business offense and shall be fined $500 for a first offense | 25 | | and $1,000 for a second or subsequent offense.
| 26 | | (e) Nothing in this Section shall be construed to be |
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| 1 | | inconsistent with any other provision of this Section or any | 2 | | other State or federal laws, rules, or regulations regarding | 3 | | the 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 | 8 | | Federal Drug Administration has determined products combining | 9 | | high levels of caffeine and alcohol are unsafe or adulterated | 10 | | and are hereby prohibited. Additionally, the General Assembly | 11 | | recognizes the State's authority to control the importation of | 12 | | alcoholic liquor as granted under the Twenty-First Amendment to | 13 | | the U.S. Constitution, which states that the "transportation or | 14 | | importation into any State, Territory, or possession of the | 15 | | United States for delivery or use therein of intoxicating | 16 | | liquors, in violation of the laws thereof, is hereby | 17 | | prohibited". | 18 | | (b) No alcoholic liquor that combines alcohol with | 19 | | caffeine, guarana, or other similar substances that are | 20 | | commonly referred to as "caffeinated alcohol beverages" may be | 21 | | imported into the State or produced, manufactured, | 22 | | distributed, sold, or offered for sale in this State by a | 23 | | licensee under this Act. This Section shall only apply to | 24 | | products that contain caffeine, guarana, or other similar | 25 | | substances that are added or mixed to alcoholic liquors. |
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| 1 | | The Liquor Control Commission shall prohibit products | 2 | | under this subsection (b) from being produced, manufactured, | 3 | | distributed, sold, or offered for sale in this State by a | 4 | | licensee under this Act. | 5 | | This Section does not apply to naturally caffeinated | 6 | | products such as coffee, made from the Coffea arabica plant; | 7 | | cola, made from kola nuts; teas made from plants such as the | 8 | | leaves of Thea sinensis; or cocoa.
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