HB2502ham002 103RD GENERAL ASSEMBLY

Rep. Curtis J. Tarver, II

Filed: 3/21/2023

10300HB2502ham002 LRB103 28642 RPS 59738 a

AMENDMENT TO HOUSE BILL 2502

AMENDMENT NO. ______. Amend House Bill 2502 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)

Sec. 6-35. Alcopops.

(a) For purposes of this Section: ,

"Alcopop 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 the beverage constitutes 0.5% or more of alcohol by volume 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; (iii) a beverage containing distilled alcohol and added natural or artificial blending material, such as fruit juices, flavors, flavorings, colorings, or preservatives; or (iv) an alcohol malt beverage containing caffeine, guarana, taurine, or ginseng, where the beverage constitutes 0.5% or more of alcohol by volume.

"Immediately adjacent" means directly touching or immediately bordering one another from above, below, or the side. "Immediately adjacent" does not include a separate aisle.

"Retail sales floor" means the part of a retailer's premises that contains goods on display that are freely accessible to the consumer

(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, as defined in items (i), (ii), and (iii) of subsection (a) of this Section, 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.

(b-5) No retail establishment with a retail sales floor that exceeds 2,500 square feet shall display alcopops immediately adjacent to soft drinks, fruit juices, bottled water, candy, or snack foods portraying cartoons or youth-oriented photos.

(b-10) Any retail establishment with a retail sales floor that is equal to or less than 2,500 square feet shall either:

(1) not display alcopops immediately adjacent to soft drinks, fruit juices, bottled water, candy, or snack foods portraying cartoons or youth-oriented photos; or

(2) equip any such display that contains alcopops and is immediately adjacent to soft drinks, fruit juices, bottled water, candy, or snack foods portraying cartoons or youth-oriented photos 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.". Such sign may be provided by the State Commission or by the licensee.

(b-15) Subsections (b-5) and (b-10) do not apply to a shelf, aisle, display, 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.

(c) No entity shall sell for consumption an alcohol malt beverage containing caffeine, guarana, taurine, or ginseng, where the beverage constitutes 0.5% or more of alcohol by volume, unless individual containers of the beverage have imprinted on each individual container the following:

(1) the words "contains alcohol"; and

(2) the alcohol content of the beverage.

(d) 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; 95-860, eff. 1-1-09.)".