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Public Act 095-0860


 

Public Act 0860 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0860
 
SB2472 Enrolled LRB095 17318 KBJ 43387 b

    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 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) an alcohol malt beverage
containing 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, 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.
    (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) (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.

Effective Date: 1/1/2009