Illinois General Assembly - Full Text of SB3973
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Full Text of SB3973  96th General Assembly


Sen. Ira I. Silverstein

Filed: 12/1/2010





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2    AMENDMENT NO. ______. Amend Senate Bill 3973 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Liquor Control Act of 1934 is amended by
5changing 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
9flavored alcoholic beverage or flavored malt beverage that
10includes (i) a malt beverage containing a malt base or beer and
11added natural or artificial blending material, such as fruit
12juices, flavors, flavorings, colorings, or preservatives where
13such blending material constitutes .5% or more of the alcohol
14by volume contained in the finished beverage; (ii) a beverage
15containing wine and more than 15% added natural or artificial
16blending material, such as fruit juices, flavors, flavorings,



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1or adjuncts, water (plain, carbonated, or sparkling),
2colorings, or preservatives; or (iii) a beverage containing
3distilled alcohol and added natural or artificial blending
4material, such as fruit juices, flavors, flavorings,
5colorings, or preservatives; or (iv) an alcohol malt beverage
6containing caffeine, guarana, taurine, or ginseng, where the
7beverage constitutes 0.5% or more of alcohol by volume.
8    (b) No entity may advertise, promote, or market any alcopop
9beverages toward children. Advertise, promote, or market
10includes, but is not limited to the following:
11        (1) the use of cartoons and youth-orientated photos in
12    advertising, promotion, packaging, or labeling of alcohol
13    products;
14        (2) sponsorships of athletic events where the intended
15    audience is primarily children;
16        (3) billboards advertising alcopops, as defined in
17    items (i), (ii), and (iii) of subsection (a) of this
18    Section, placed within 500 feet of schools, public parks,
19    amusement parks, and places of worship; and
20        (4) the display of any alcopop beverage in any
21    videogame, theater production, or other live performances
22    where the intended audience is primarily children.
23    (c) No entity shall sell for consumption an alcohol malt
24beverage containing caffeine, guarana, taurine, or ginseng,
25where the beverage constitutes 0.5% or more of alcohol by
26volume, unless individual containers of the beverage have



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1imprinted on each individual container the following:
2        (1) the words "contains alcohol"; and
3        (2) the alcohol content of the beverage.
4    (d) Any person who violates this Section is guilty of a
5business offense and shall be fined $500 for a first offense
6and $1,000 for a second or subsequent offense.
7    (e) Nothing in this Section shall be construed to be
8inconsistent with any other provision of this Section or any
9other State or federal laws, rules, or regulations regarding
10the labeling of alcoholic beverages.
11(Source: P.A. 95-618, eff. 6-1-08; 95-860, eff. 1-1-09.)
12    (235 ILCS 5/6-36 new)
13    Sec. 6-36. Caffeinated alcohol beverages.
14    (a) The General Assembly hereby finds and declares that the
15Federal Drug Administration has determined products combining
16high levels of caffeine and alcohol are unsafe or adulterated
17and are hereby prohibited. Additionally, the General Assembly
18recognizes the State's authority to control the importation of
19alcoholic liquor as granted under the Twenty-First Amendment to
20the U.S. Constitution, which states that the "transportation or
21importation into any State, Territory, or possession of the
22United States for delivery or use therein of intoxicating
23liquors, in violation of the laws thereof, is hereby
25    (b) No alcoholic liquor that combines alcohol with



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1caffeine, guarana, or other similar substances that are
2commonly referred to as "caffeinated alcohol beverages" may be
3imported into the State or produced, manufactured,
4distributed, sold, or offered for sale in this State by a
5licensee under this Act. This Section shall only apply to
6products that contain caffeine, guarana, or other similar
7substances that are added or mixed to alcoholic liquors.
8    The Liquor Control Commission shall prohibit products
9under this subsection (b) from being produced, manufactured,
10distributed, sold, or offered for sale in this State by a
11licensee under this Act.
12    This Section does not apply to naturally caffeinated
13products such as coffee, made from the Coffea arabica plant;
14cola, made from kola nuts; teas made from plants such as the
15leaves of Thea sinensis; or cocoa.".