Illinois General Assembly - Full Text of HB2502
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Full Text of HB2502  103rd General Assembly


Rep. Curtis J. Tarver, II

Filed: 3/21/2023





10300HB2502ham002LRB103 28642 RPS 59738 a


2    AMENDMENT NO. ______. Amend House Bill 2502 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 as follows:
6    (235 ILCS 5/6-35)
7    Sec. 6-35. Alcopops.
8    (a) For purposes of this Section: ,
9    "Alcopop alcopop" means a flavored alcoholic beverage or
10flavored malt beverage that includes (i) a malt beverage
11containing a malt base or beer and added natural or artificial
12blending material, such as fruit juices, flavors, flavorings,
13colorings, or preservatives where the beverage constitutes
140.5% or more of alcohol by volume such blending material
15constitutes .5% or more of the alcohol by volume contained in
16the finished beverage; (ii) a beverage containing wine and



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1more than 15% added natural or artificial blending material,
2such as fruit juices, flavors, flavorings, or adjuncts, water
3(plain, carbonated, or sparkling), colorings, or
4preservatives; (iii) a beverage containing distilled alcohol
5and added natural or artificial blending material, such as
6fruit juices, flavors, flavorings, colorings, or
7preservatives; or (iv) an alcohol malt beverage containing
8caffeine, guarana, taurine, or ginseng, where the beverage
9constitutes 0.5% or more of alcohol by volume.
10    "Immediately adjacent" means directly touching or
11immediately bordering one another from above, below, or the
12side. "Immediately adjacent" does not include a separate
14    "Retail sales floor" means the part of a retailer's
15premises that contains goods on display that are freely
16accessible to the consumer
17    (b) No entity may advertise, promote, or market any
18alcopop beverages toward children. Advertise, promote, or
19market includes, but is not limited to the following:
20        (1) the use of cartoons and youth-orientated photos in
21    advertising, promotion, packaging, or labeling of alcohol
22    products;
23        (2) sponsorships of athletic events where the intended
24    audience is primarily children;
25        (3) billboards advertising alcopops, as defined in
26    items (i), (ii), and (iii) of subsection (a) of this



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1    Section, placed within 500 feet of schools, public parks,
2    amusement parks, and places of worship; and
3        (4) the display of any alcopop beverage in any
4    videogame, theater production, or other live performances
5    where the intended audience is primarily children.
6    (b-5) No retail establishment with a retail sales floor
7that exceeds 2,500 square feet shall display alcopops
8immediately adjacent to soft drinks, fruit juices, bottled
9water, candy, or snack foods portraying cartoons or
10youth-oriented photos.
11    (b-10) Any retail establishment with a retail sales floor
12that is equal to or less than 2,500 square feet shall either:
13        (1) not display alcopops immediately adjacent to soft
14    drinks, fruit juices, bottled water, candy, or snack foods
15    portraying cartoons or youth-oriented photos; or
16        (2) equip any such display that contains alcopops and
17    is immediately adjacent to soft drinks, fruit juices,
18    bottled water, candy, or snack foods portraying cartoons
19    or youth-oriented photos with signage that is clearly
20    visible to consumers, is not less than 8.5 x 11 inches, and
21    states the following: "This product is an alcoholic
22    beverage available only to persons who are 21
    years of age
23    or older.". Such sign may be provided by the State
24    Commission or by the licensee.
25    (b-15) Subsections (b-5) and (b-10) do not apply to a
26shelf, aisle, display, or display area in which the primary



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1items for sale are alcoholic liquors or in an area in which
2persons under the age of 21 are prohibited from entering
3without a parent or legal guardian.
4    (c) No entity shall sell for consumption an alcohol malt
5beverage containing caffeine, guarana, taurine, or ginseng,
6where the beverage constitutes 0.5% or more of alcohol by
7volume, unless individual containers of the beverage have
8imprinted on each individual container the following:
9        (1) the words "contains alcohol"; and
10        (2) the alcohol content of the beverage.
11    (d) Any person who violates this Section is guilty of a
12business offense and shall be fined $500 for a first offense
13and $1,000 for a second or subsequent offense.
14    (e) Nothing in this Section shall be construed to be
15inconsistent with any other provision of this Section or any
16other State or federal laws, rules, or regulations regarding
17the labeling of alcoholic beverages.
18(Source: P.A. 95-618, eff. 6-1-08; 95-860, eff. 1-1-09.)".