Bill Amendment: IL HB2502 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LIQUOR-ALCOPOPS/NA MERCHANDISE

Status: 2025-01-07 - Session Sine Die [HB2502 Detail]

Download: Illinois-2023-HB2502-House_Amendment_002.html

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Rep. Curtis J. Tarver, II

Filed: 3/21/2023

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AMENDMENT TO HOUSE BILL 2502
AMENDMENT NO. ______. Amend House Bill 2502 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 as follows:
(235 ILCS 5/6-35)
Sec. 6-35. Alcopops.
(a) For purposes of this Section: ,
"Alcopop 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 the beverage constitutes
0.5% or more of alcohol by volume such blending material
constitutes .5% or more of the alcohol by volume contained in
the finished beverage; (ii) a beverage containing wine and

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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; (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.
"Immediately adjacent" means directly touching or
immediately bordering one another from above, below, or the
side. "Immediately adjacent" does not include a separate
aisle.
"Retail sales floor" means the part of a retailer's
premises that contains goods on display that are freely
accessible to the consumer
(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

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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.
(b-5) No retail establishment with a retail sales floor
that exceeds 2,500 square feet shall display alcopops
immediately adjacent to soft drinks, fruit juices, bottled
water, candy, or snack foods portraying cartoons or
youth-oriented photos.
(b-10) Any retail establishment with a retail sales floor
that is equal to or less than 2,500 square feet shall either:
(1) not display alcopops immediately adjacent to soft
drinks, fruit juices, bottled water, candy, or snack foods
portraying cartoons or youth-oriented photos; or
(2) equip any such display that contains alcopops and
is immediately adjacent to soft drinks, fruit juices,
bottled water, candy, or snack foods portraying cartoons
or youth-oriented photos with signage that is clearly
visible to consumers, is not less than 8.5 x 11 inches, and
states the following: "This product is an alcoholic
beverage available only to persons who are 21
years of age
or older.". Such sign may be provided by the State
Commission or by the licensee.
(b-15) Subsections (b-5) and (b-10) do not apply to a
shelf, aisle, display, or display area in which the primary

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items for sale are alcoholic liquors or in an area in which
persons under the age of 21 are prohibited from entering
without a parent or legal guardian.
(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.)".