SB3973sam001 96TH GENERAL ASSEMBLY

Sen. Ira I. Silverstein

Filed: 12/1/2010

09600SB3973sam001 LRB096 24389 ASK 44311 a

AMENDMENT TO SENATE BILL 3973

AMENDMENT NO. ______. Amend Senate Bill 3973 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 and by adding Section 6-36 as follows:

(235 ILCS 5/6-35)

Sec. 6-35. Alcopops.

(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) 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.)

(235 ILCS 5/6-36 new)

Sec. 6-36. Caffeinated alcohol beverages.

(a) The General Assembly hereby finds and declares that the Federal Drug Administration has determined products combining high levels of caffeine and alcohol are unsafe or adulterated and are hereby prohibited. Additionally, the General Assembly recognizes the State's authority to control the importation of alcoholic liquor as granted under the Twenty-First Amendment to the U.S. Constitution, which states that the "transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited".

(b) No alcoholic liquor that combines alcohol with caffeine, guarana, or other similar substances that are commonly referred to as "caffeinated alcohol beverages" may be imported into the State or produced, manufactured, distributed, sold, or offered for sale in this State by a licensee under this Act. This Section shall only apply to products that contain caffeine, guarana, or other similar substances that are added or mixed to alcoholic liquors.

The Liquor Control Commission shall prohibit products under this subsection (b) from being produced, manufactured, distributed, sold, or offered for sale in this State by a licensee under this Act.

This Section does not apply to naturally caffeinated products such as coffee, made from the Coffea arabica plant; cola, made from kola nuts; teas made from plants such as the leaves of Thea sinensis; or cocoa.".