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




HB2502 EngrossedLRB103 28642 RPS 55023 b

1    AN ACT concerning liquor.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17more than 15% added natural or artificial blending material,
18such as fruit juices, flavors, flavorings, or adjuncts, water
19(plain, carbonated, or sparkling), colorings, or
20preservatives; (iii) a beverage containing distilled alcohol
21and added natural or artificial blending material, such as
22fruit juices, flavors, flavorings, colorings, or
23preservatives; or (iv) an alcohol malt beverage containing



HB2502 Engrossed- 2 -LRB103 28642 RPS 55023 b

1caffeine, guarana, taurine, or ginseng, where the beverage
2constitutes 0.5% or more of alcohol by volume.
3    "Immediately adjacent" means directly touching or
4immediately bordering one another from above, below, or the
5side. "Immediately adjacent" does not include a separate
7    "Retail sales floor" means the part of a retailer's
8premises that contains goods on display that are freely
9accessible to the consumer
10    (b) No entity may advertise, promote, or market any
11alcopop beverages toward children. Advertise, promote, or
12market includes, but is not limited to the following:
13        (1) the use of cartoons and youth-orientated photos in
14    advertising, promotion, packaging, or labeling of alcohol
15    products;
16        (2) sponsorships of athletic events where the intended
17    audience is primarily children;
18        (3) billboards advertising alcopops, as defined in
19    items (i), (ii), and (iii) of subsection (a) of this
20    Section, placed within 500 feet of schools, public parks,
21    amusement parks, and places of worship; and
22        (4) the display of any alcopop beverage in any
23    videogame, theater production, or other live performances
24    where the intended audience is primarily children.
25    (b-5) No retail establishment with a retail sales floor
26that exceeds 2,500 square feet shall display alcopops



HB2502 Engrossed- 3 -LRB103 28642 RPS 55023 b

1immediately adjacent to soft drinks, fruit juices, bottled
2water, candy, or snack foods portraying cartoons or
3youth-oriented photos.
4    (b-10) Any retail establishment with a retail sales floor
5that is equal to or less than 2,500 square feet shall either:
6        (1) not display alcopops immediately adjacent to soft
7    drinks, fruit juices, bottled water, candy, or snack foods
8    portraying cartoons or youth-oriented photos; or
9        (2) equip any such display that contains alcopops and
10    is immediately adjacent to soft drinks, fruit juices,
11    bottled water, candy, or snack foods portraying cartoons
12    or youth-oriented photos with signage that is clearly
13    visible to consumers, is not less than 8.5 x 11 inches, and
14    states the following: "This product is an alcoholic
15    beverage available only to persons who are 21
    years of age
16    or older.". Such sign may be provided by the State
17    Commission or by the licensee.
18    (b-15) Subsections (b-5) and (b-10) do not apply to a
19shelf, aisle, display, or display area in which the primary
20items for sale are alcoholic liquors or in an area in which
21persons under the age of 21 are prohibited from entering
22without a parent or legal guardian.
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



HB2502 Engrossed- 4 -LRB103 28642 RPS 55023 b

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.)