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Public Act 103-0904 Public Act 0904 103RD GENERAL ASSEMBLY | Public Act 103-0904 | SB2625 Enrolled | LRB103 34905 RPS 64776 b |
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| AN ACT concerning liquor. | Be it enacted by the People of the State of Illinois, | represented in the General Assembly: | Section 5. The Liquor Control Act of 1934 is amended by | changing Section 1-3.05 and by adding Sections 1-3.45, 1-3.46, | 6-35.1, and 6-35.2 as follows: | (235 ILCS 5/1-3.05) (from Ch. 43, par. 95.05) | Sec. 1-3.05. "Alcoholic liquor" includes alcohol, spirits, | wine and beer, and every liquid or solid, patented or not, | containing alcohol, spirits, wine or beer, and capable of | being consumed as a beverage by a human being. "Alcoholic | liquor" also includes alcohol-infused products. The provisions | of this Act shall not apply to alcohol used in the manufacture | of denatured alcohol produced in accordance with Acts of | Congress and regulations promulgated thereunder, nor to any | liquid or solid containing one-half of one per cent, or less, | of alcohol by volume. No tax provided for in Article VIII of | this Act shall apply to wine intended for use and used by any | church or religious organization for sacramental purposes, | provided that such wine shall be purchased from a licensed | manufacturer or importing distributor under this Act. | (Source: P.A. 82-783.) |
| (235 ILCS 5/1-3.45 new) | Sec. 1-3.45. Alcohol-infused products. "Alcohol-infused | products" means any frozen or unfrozen, solid or semi-solid | food in a form other than liquid, including, but not limited | to, ice cream, ice pops, whipped cream, gelatin-based | products, and other similar products, containing more than | 0.5% alcohol by volume. | (235 ILCS 5/1-3.46 new) | Sec. 1-3.46. Co-branded alcoholic beverage. "Co-branded | alcoholic beverage" means any alcoholic liquor containing the | same or similar brand name, logo, or packaging as a | non-alcoholic beverage. | (235 ILCS 5/6-35.1 new) | Sec. 6-35.1. Alcohol-infused products. | (a) In this Section, "immediately adjacent" means directly | touching or immediately bordering one another from above, | below, or the side. "Immediately adjacent" does not include a | separate aisle. | (b) Except for persons issued a license under this Act, no | person shall manufacture, distribute, or sell alcohol-infused | products. | (c) No retail establishment with a retail sales floor area | that exceeds 2,500 square feet shall display alcohol-infused | products immediately adjacent to similar products that are not |
| alcohol-infused products, such as non-alcoholic ice creams, | whipped creams, frozen ice pops, gelatins, and other similar | products, or immediately adjacent to soft drinks, fruit | juices, bottled waters, candies, or snack foods portraying | cartoons or youth-oriented images. | (d) Any retail establishment with a retail sales floor | that is equal to or less than 2,500 square feet shall either: | (1) not display alcohol-infused products immediately | adjacent to similar products that are not alcohol-infused | products, such as non-alcoholic ice creams, whipped | creams, frozen ice pops, gelatins, and other similar | products, or immediately adjacent to soft drinks, fruit | juices, bottled waters, candies, or snack foods portraying | cartoons or youth-oriented images; or | (2) equip any such display that contains | alcohol-infused products and is immediately adjacent to | similar products that are not alcohol-infused products, | such as non-alcoholic ice creams, whipped creams, frozen | ice pops, gelatins, and other similar products, or | immediately adjacent to soft drinks, fruit juices, bottled | waters, candies, or snack foods portraying cartoons or | youth-oriented images, 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." This sign shall be provided by the State |
| Commission. | (e) Subsections (c) and (d) do not apply to an aisle 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. | (f) Retail licensees under this Act shall not keep, expose | for sale, or display alcohol-infused products immediately | adjacent to products marketed toward children. | (235 ILCS 5/6-35.2 new) | Sec. 6-35.2. Co-branded alcoholic beverages. | (a) In this Section, "immediately adjacent" means directly | touching or immediately bordering one another from above, | below, or the side. "Immediately adjacent" does not include a | separate aisle. | (b) 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, such as | non-alcoholic ice creams, whipped creams, frozen ice pops, | gelatins, and other similar products. | (c) Any retail establishment with a retail sales floor | that is equal to or less than 2,500 square feet shall either: | (1) not 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, such as | non-alcoholic ice creams, whipped creams, frozen ice pops, | gelatins, and other similar products; or | (2) equip any such display that contains co-branded | alcoholic beverages and is 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, such as non-alcoholic ice | creams, whipped creams, frozen ice pops, gelatins, and | other similar products, 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." This sign shall be provided by the State | Commission. | (d) Subsections (b) and (c) do not apply to an aisle 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. | (e) Retail licensees under this Act shall not keep, expose | for sale, or display co-branded alcoholic beverages | immediately adjacent to products marketed toward children. |
Effective Date: 1/1/2025
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