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1 | AN ACT concerning liquor.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Liquor Control Act of 1934 is amended by | |||||||||||||||||||||||||||
5 | changing Sections 1-3.05 and 6-16 and by adding Sections | |||||||||||||||||||||||||||
6 | 1-3.45 and 6-35.5 as follows:
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7 | (235 ILCS 5/1-3.05) (from Ch. 43, par. 95.05) | |||||||||||||||||||||||||||
8 | Sec. 1-3.05. Alcoholic liquor. "Alcoholic liquor" includes | |||||||||||||||||||||||||||
9 | alcohol, spirits, wine and beer, and every liquid or solid, | |||||||||||||||||||||||||||
10 | patented or not, containing alcohol, spirits, wine or beer, | |||||||||||||||||||||||||||
11 | and capable of being consumed as a beverage by a human being. | |||||||||||||||||||||||||||
12 | "Alcoholic liquor" does not include frozen desserts containing | |||||||||||||||||||||||||||
13 | alcoholic liquor. The provisions of this Act shall not apply | |||||||||||||||||||||||||||
14 | to alcohol used in the manufacture of denatured alcohol | |||||||||||||||||||||||||||
15 | produced in accordance with Acts of Congress and regulations | |||||||||||||||||||||||||||
16 | promulgated thereunder, nor to any liquid or solid containing | |||||||||||||||||||||||||||
17 | one-half of one per cent, or less, of alcohol by volume. No tax | |||||||||||||||||||||||||||
18 | provided for in Article VIII of this Act shall apply to wine | |||||||||||||||||||||||||||
19 | intended for use and used by any church or religious | |||||||||||||||||||||||||||
20 | organization for sacramental purposes, provided that such wine | |||||||||||||||||||||||||||
21 | shall be purchased from a licensed manufacturer or importing | |||||||||||||||||||||||||||
22 | distributor under this Act. | |||||||||||||||||||||||||||
23 | (Source: P.A. 82-783.)
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1 | (235 ILCS 5/1-3.45 new) | ||||||
2 | Sec. 1-3.45. Frozen desserts containing alcoholic liquor. | ||||||
3 | "Frozen desserts containing alcoholic liquor" means ice creams | ||||||
4 | or other frozen desserts that are made with liquor, wine, | ||||||
5 | beer, cider, or any combination thereof and that contain more | ||||||
6 | than 0.5% but not more than 5% of alcohol by volume.
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7 | (235 ILCS 5/6-16) (from Ch. 43, par. 131) | ||||||
8 | Sec. 6-16. Prohibited sales and possession. | ||||||
9 | (a) (i) No licensee nor any officer, associate, member, | ||||||
10 | representative, agent, or employee of such licensee shall | ||||||
11 | sell, give, or deliver alcoholic liquor or frozen desserts | ||||||
12 | containing alcoholic liquor to any person under the age of 21 | ||||||
13 | years or to any intoxicated person, except as provided in | ||||||
14 | Section 6-16.1. (ii) No express company, common carrier, or | ||||||
15 | contract carrier nor any representative, agent, or employee on | ||||||
16 | behalf of an express company, common carrier, or contract | ||||||
17 | carrier that carries or transports alcoholic liquor for | ||||||
18 | delivery within this State shall knowingly give or knowingly | ||||||
19 | deliver to a residential address any shipping container | ||||||
20 | clearly labeled as containing alcoholic liquor and labeled as | ||||||
21 | requiring signature of an adult of at least 21 years of age to | ||||||
22 | any person in this State under the age of 21 years. An express | ||||||
23 | company, common carrier, or contract carrier that carries or | ||||||
24 | transports such alcoholic liquor for delivery within this |
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1 | State shall obtain a signature at the time of delivery | ||||||
2 | acknowledging receipt of the alcoholic liquor by an adult who | ||||||
3 | is at least 21 years of age. At no time while delivering | ||||||
4 | alcoholic beverages within this State may any representative, | ||||||
5 | agent, or employee of an express company, common carrier, or | ||||||
6 | contract carrier that carries or transports alcoholic liquor | ||||||
7 | for delivery within this State deliver the alcoholic liquor to | ||||||
8 | a residential address without the acknowledgment of the | ||||||
9 | consignee and without first obtaining a signature at the time | ||||||
10 | of the delivery by an adult who is at least 21 years of age. A | ||||||
11 | signature of a person on file with the express company, common | ||||||
12 | carrier, or contract carrier does not constitute | ||||||
13 | acknowledgement of the consignee. Any express company, common | ||||||
14 | carrier, or contract carrier that transports alcoholic liquor | ||||||
15 | for delivery within this State that violates this item (ii) of | ||||||
16 | this subsection (a) by delivering alcoholic liquor without the | ||||||
17 | acknowledgement of the consignee and without first obtaining a | ||||||
18 | signature at the time of the delivery by an adult who is at | ||||||
19 | least 21 years of age is guilty of a business offense for which | ||||||
20 | the express company, common carrier, or contract carrier that | ||||||
21 | transports alcoholic liquor within this State shall be fined | ||||||
22 | not more than $1,001 for a first offense, not more than $5,000 | ||||||
23 | for a second offense, and not more than $10,000 for a third or | ||||||
24 | subsequent offense. An express company, common carrier, or | ||||||
25 | contract carrier shall be held vicariously liable for the | ||||||
26 | actions of its representatives, agents, or employees. For |
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1 | purposes of this Act, in addition to other methods authorized | ||||||
2 | by law, an express company, common carrier, or contract | ||||||
3 | carrier shall be considered served with process when a | ||||||
4 | representative, agent, or employee alleged to have violated | ||||||
5 | this Act is personally served. Each shipment of alcoholic | ||||||
6 | liquor delivered in violation of this item (ii) of this | ||||||
7 | subsection (a) constitutes a separate offense. (iii) No | ||||||
8 | person, after purchasing or otherwise obtaining alcoholic | ||||||
9 | liquor or frozen desserts containing alcoholic liquor , shall | ||||||
10 | sell, give, or deliver such alcoholic liquor or frozen | ||||||
11 | desserts containing alcoholic liquor to another person under | ||||||
12 | the age of 21 years, except in the performance of a religious | ||||||
13 | ceremony or service. Except as otherwise provided in item | ||||||
14 | (ii), any express company, common carrier, or contract carrier | ||||||
15 | that transports alcoholic liquor within this State that | ||||||
16 | violates the provisions of item (i), (ii), or (iii) of this | ||||||
17 | paragraph of this subsection (a) is guilty of a Class A | ||||||
18 | misdemeanor and the sentence shall include, but shall not be | ||||||
19 | limited to, a fine of not less than $500. Any person who | ||||||
20 | violates the provisions of item (iii) of this paragraph of | ||||||
21 | this subsection (a) is guilty of a Class A misdemeanor and the | ||||||
22 | sentence shall include, but shall not be limited to a fine of | ||||||
23 | not less than $500 for a first offense and not less than $2,000 | ||||||
24 | for a second or subsequent offense. Any person who knowingly | ||||||
25 | violates the provisions of item (iii) of this paragraph of | ||||||
26 | this subsection (a) is guilty of a Class 4 felony if a death |
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1 | occurs as the result of the violation. | ||||||
2 | If a licensee or officer, associate, member, | ||||||
3 | representative, agent, or employee of the licensee, or a | ||||||
4 | representative, agent, or employee of an express company, | ||||||
5 | common carrier, or contract carrier that carries or transports | ||||||
6 | alcoholic liquor for delivery within this State, is prosecuted | ||||||
7 | under this paragraph of this subsection (a) for selling, | ||||||
8 | giving, or delivering alcoholic liquor or frozen desserts | ||||||
9 | containing alcoholic liquor to a person under the age of 21 | ||||||
10 | years, the person under 21 years of age who attempted to buy or | ||||||
11 | receive the alcoholic liquor or frozen desserts containing | ||||||
12 | alcoholic liquor may be prosecuted pursuant to Section 6-20 of | ||||||
13 | this Act, unless the person under 21 years of age was acting | ||||||
14 | under the authority of a law enforcement agency, the Illinois | ||||||
15 | Liquor Control Commission, or a local liquor control | ||||||
16 | commissioner pursuant to a plan or action to investigate, | ||||||
17 | patrol, or conduct any similar enforcement action. | ||||||
18 | For the purpose of preventing the violation of this | ||||||
19 | Section, any licensee, or his agent or employee, or a | ||||||
20 | representative, agent, or employee of an express company, | ||||||
21 | common carrier, or contract carrier that carries or transports | ||||||
22 | alcoholic liquor for delivery within this State, shall refuse | ||||||
23 | to sell, deliver, or serve alcoholic beverages or frozen | ||||||
24 | desserts containing alcoholic liquor to any person who is | ||||||
25 | unable to produce adequate written evidence of identity and of | ||||||
26 | the fact that he or she is over the age of 21 years, if |
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1 | requested by the licensee, agent, employee, or representative. | ||||||
2 | Adequate written evidence of age and identity of the | ||||||
3 | person is a document issued by a federal, state, county, or | ||||||
4 | municipal government, or subdivision or agency thereof, | ||||||
5 | including, but not limited to, a motor vehicle operator's | ||||||
6 | license, a registration certificate issued under the Federal | ||||||
7 | Selective Service Act, or an identification card issued to a | ||||||
8 | member of the Armed Forces. Proof that the defendant-licensee, | ||||||
9 | or his employee or agent, or the representative, agent, or | ||||||
10 | employee of the express company, common carrier, or contract | ||||||
11 | carrier that carries or transports alcoholic liquor for | ||||||
12 | delivery within this State demanded, was shown and reasonably | ||||||
13 | relied upon such written evidence in any transaction forbidden | ||||||
14 | by this Section is an affirmative defense in any criminal | ||||||
15 | prosecution therefor or to any proceedings for the suspension | ||||||
16 | or revocation of any license based thereon. It shall not, | ||||||
17 | however, be an affirmative defense if the agent or employee | ||||||
18 | accepted the written evidence knowing it to be false or | ||||||
19 | fraudulent. If a false or fraudulent Illinois driver's license | ||||||
20 | or Illinois identification card is presented by a person less | ||||||
21 | than 21 years of age to a licensee or the licensee's agent or | ||||||
22 | employee for the purpose of ordering, purchasing, attempting | ||||||
23 | to purchase, or otherwise obtaining or attempting to obtain | ||||||
24 | the serving of any alcoholic beverage or frozen dessert | ||||||
25 | containing alcoholic liquor , the law enforcement officer or | ||||||
26 | agency investigating the incident shall, upon the conviction |
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1 | of the person who presented the fraudulent license or | ||||||
2 | identification, make a report of the matter to the Secretary | ||||||
3 | of State on a form provided by the Secretary of State. | ||||||
4 | However, no agent or employee of the licensee or employee | ||||||
5 | of an express company, common carrier, or contract carrier | ||||||
6 | that carries or transports alcoholic liquor for delivery | ||||||
7 | within this State shall be disciplined or discharged for | ||||||
8 | selling or furnishing liquor or frozen desserts containing | ||||||
9 | alcoholic liquor to a person under 21 years of age if the agent | ||||||
10 | or employee demanded and was shown, before furnishing liquor | ||||||
11 | or frozen desserts containing alcoholic liquor to a person | ||||||
12 | under 21 years of age, adequate written evidence of age and | ||||||
13 | identity of the person issued by a federal, state, county or | ||||||
14 | municipal government, or subdivision or agency thereof, | ||||||
15 | including , but not limited to , a motor vehicle operator's | ||||||
16 | license, a registration certificate issued under the Federal | ||||||
17 | Selective Service Act, or an identification card issued to a | ||||||
18 | member of the Armed Forces. This paragraph, however, shall not | ||||||
19 | apply if the agent or employee accepted the written evidence | ||||||
20 | knowing it to be false or fraudulent. | ||||||
21 | Any person who sells, gives, or furnishes to any person | ||||||
22 | under the age of 21 years any false or fraudulent written, | ||||||
23 | printed, or photostatic evidence of the age and identity of | ||||||
24 | such person or who sells, gives or furnishes to any person | ||||||
25 | under the age of 21 years evidence of age and identification of | ||||||
26 | any other person is guilty of a Class A misdemeanor and the |
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1 | person's sentence shall include, but shall not be limited to, | ||||||
2 | a fine of not less than $500. | ||||||
3 | Any person under the age of 21 years who presents or offers | ||||||
4 | to any licensee, his agent or employee, any written, printed | ||||||
5 | or photostatic evidence of age and identity that is false, | ||||||
6 | fraudulent, or not actually his or her own for the purpose of | ||||||
7 | ordering, purchasing, attempting to purchase or otherwise | ||||||
8 | procuring or attempting to procure, the serving of any | ||||||
9 | alcoholic beverage or frozen dessert containing alcoholic | ||||||
10 | liquor , who falsely states in writing that he or she is at | ||||||
11 | least 21 years of age when receiving alcoholic liquor or a | ||||||
12 | frozen dessert containing alcoholic liquor from a | ||||||
13 | representative, agent, or employee of an express company, | ||||||
14 | common carrier, or contract carrier, or who has in his or her | ||||||
15 | possession any false or fraudulent written, printed, or | ||||||
16 | photostatic evidence of age and identity, is guilty of a Class | ||||||
17 | A misdemeanor and the person's sentence shall include, but | ||||||
18 | shall not be limited to, the following: a fine of not less than | ||||||
19 | $500 and at least 25 hours of community service. If possible, | ||||||
20 | any community service shall be performed for an alcohol abuse | ||||||
21 | prevention program. | ||||||
22 | Any person under the age of 21 years who has any alcoholic | ||||||
23 | beverage or frozen dessert containing alcoholic liquor in his | ||||||
24 | or her possession on any street or highway or in any public | ||||||
25 | place or in any place open to the public is guilty of a Class A | ||||||
26 | misdemeanor. This Section does not apply to possession by a |
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1 | person under the age of 21 years making a delivery of an | ||||||
2 | alcoholic beverage or frozen dessert containing alcoholic | ||||||
3 | liquor in pursuance of the order of his or her parent or in | ||||||
4 | pursuance of his or her employment. | ||||||
5 | (a-1) It is unlawful for any parent or guardian to | ||||||
6 | knowingly permit his or her residence, any other private | ||||||
7 | property under his or her control, or any vehicle, conveyance, | ||||||
8 | or watercraft under his or her control to be used by an invitee | ||||||
9 | of the parent's child or the guardian's ward, if the invitee is | ||||||
10 | under the age of 21, in a manner that constitutes a violation | ||||||
11 | of this Section. A parent or guardian is deemed to have | ||||||
12 | knowingly permitted his or her residence, any other private | ||||||
13 | property under his or her control, or any vehicle, conveyance, | ||||||
14 | or watercraft under his or her control to be used in violation | ||||||
15 | of this Section if he or she knowingly authorizes or permits | ||||||
16 | consumption of alcoholic liquor or frozen desserts containing | ||||||
17 | alcoholic liquor by underage invitees. Any person who violates | ||||||
18 | this subsection (a-1) is guilty of a Class A misdemeanor and | ||||||
19 | the person's sentence shall include, but shall not be limited | ||||||
20 | to, a fine of not less than $500. Where a violation of this | ||||||
21 | subsection (a-1) directly or indirectly results in great | ||||||
22 | bodily harm or death to any person, the person violating this | ||||||
23 | subsection shall be guilty of a Class 4 felony. Nothing in this | ||||||
24 | subsection (a-1) shall be construed to prohibit the giving of | ||||||
25 | alcoholic liquor to a person under the age of 21 years in the | ||||||
26 | performance of a religious ceremony or service in observation |
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1 | of a religious holiday. | ||||||
2 | For the purposes of this subsection (a-1) where the | ||||||
3 | residence or other property has an owner and a tenant or | ||||||
4 | lessee, the trier of fact may infer that the residence or other | ||||||
5 | property is occupied only by the tenant or lessee. | ||||||
6 | (b) Except as otherwise provided in this Section whoever | ||||||
7 | violates this Section shall, in addition to other penalties | ||||||
8 | provided for in this Act, be guilty of a Class A misdemeanor. | ||||||
9 | (c) Any person shall be guilty of a Class A misdemeanor | ||||||
10 | where he or she knowingly authorizes or permits a residence | ||||||
11 | which he or she occupies to be used by an invitee under 21 | ||||||
12 | years of age and: | ||||||
13 | (1) the person occupying the residence knows that any | ||||||
14 | such person under the age of 21 is in possession of or is | ||||||
15 | consuming any alcoholic beverage or frozen dessert | ||||||
16 | containing alcoholic liquor ; and | ||||||
17 | (2) the possession or consumption of the alcohol by | ||||||
18 | the person under 21 is not otherwise permitted by this | ||||||
19 | Act. | ||||||
20 | For the purposes of this subsection (c) where the | ||||||
21 | residence has an owner and a tenant or lessee, the trier of | ||||||
22 | fact may infer that the residence is occupied only by the | ||||||
23 | tenant or lessee. The sentence of any person who violates this | ||||||
24 | subsection (c) shall include, but shall not be limited to, a | ||||||
25 | fine of not less than $500. Where a violation of this | ||||||
26 | subsection (c) directly or indirectly results in great bodily |
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1 | harm or death to any person, the person violating this | ||||||
2 | subsection (c) shall be guilty of a Class 4 felony. Nothing in | ||||||
3 | this subsection (c) shall be construed to prohibit the giving | ||||||
4 | of alcoholic liquor to a person under the age of 21 years in | ||||||
5 | the performance of a religious ceremony or service in | ||||||
6 | observation of a religious holiday. | ||||||
7 | A person shall not be in violation of this subsection (c) | ||||||
8 | if (A) he or she requests assistance from the police | ||||||
9 | department or other law enforcement agency to either (i) | ||||||
10 | remove any person who refuses to abide by the person's | ||||||
11 | performance of the duties imposed by this subsection (c) or | ||||||
12 | (ii) terminate the activity because the person has been unable | ||||||
13 | to prevent a person under the age of 21 years from consuming | ||||||
14 | alcohol despite having taken all reasonable steps to do so and | ||||||
15 | (B) this assistance is requested before any other person makes | ||||||
16 | a formal complaint to the police department or other law | ||||||
17 | enforcement agency about the activity. | ||||||
18 | (d) Any person who rents a hotel or motel room from the | ||||||
19 | proprietor or agent thereof for the purpose of or with the | ||||||
20 | knowledge that such room shall be used for the consumption of | ||||||
21 | alcoholic liquor or frozen desserts containing alcoholic | ||||||
22 | liquor by persons under the age of 21 years shall be guilty of | ||||||
23 | a Class A misdemeanor. | ||||||
24 | (e) Except as otherwise provided in this Act, any person | ||||||
25 | who has alcoholic liquor or a frozen dessert containing | ||||||
26 | alcoholic liquor in his or her possession on public school |
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1 | district property on school days or at events on public school | ||||||
2 | district property when children are present is guilty of a | ||||||
3 | petty offense, unless the alcoholic liquor or frozen dessert | ||||||
4 | containing alcoholic liquor (i) is in the original container | ||||||
5 | with the seal unbroken and is in the possession of a person who | ||||||
6 | is not otherwise legally prohibited from possessing the | ||||||
7 | alcoholic liquor or frozen dessert containing alcoholic liquor | ||||||
8 | or (ii) is in the possession of a person in or for the | ||||||
9 | performance of a religious service or ceremony authorized by | ||||||
10 | the school board. | ||||||
11 | (Source: P.A. 97-1049, eff. 1-1-13; 98-1017, eff. 1-1-15 .)
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12 | (235 ILCS 5/6-35.5 new) | ||||||
13 | Sec. 6-35.5. Frozen desserts containing alcoholic liquor. | ||||||
14 | (a) No person shall sell a package of frozen desserts | ||||||
15 | containing alcoholic liquor that contains more than 5% alcohol | ||||||
16 | by volume. No person shall sell, give, or deliver frozen | ||||||
17 | desserts containing alcoholic liquor to a person under the age | ||||||
18 | of 21. A person under the age of 21 may not purchase, possess, | ||||||
19 | or consume frozen desserts containing alcoholic liquor. | ||||||
20 | (b) No person shall sell a package of frozen desserts | ||||||
21 | containing alcoholic liquor for consumption off the premises | ||||||
22 | unless: | ||||||
23 | (1) each package is a sealed package, as received from | ||||||
24 | the manufacturer or distributor; | ||||||
25 | (2) each sealed package, as received from the |
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1 | manufacturer or distributor, prominently bears the | ||||||
2 | following statements, in a format to be established or | ||||||
3 | approved by the State Commission: | ||||||
4 | "(A) The sale of this product to individuals under | ||||||
5 | the age of 21 years is prohibited. | ||||||
6 | (B) This product is made with (insert whichever is | ||||||
7 | applicable: liquor, wine, beer, cider, or a | ||||||
8 | combination thereof) and contains alcohol up to 5% by | ||||||
9 | volume. | ||||||
10 | (C) NOTICE: This product contains alcohol used as | ||||||
11 | flavoring and, as with any product that contains | ||||||
12 | alcohol: | ||||||
13 | (1) women should not consume alcohol during | ||||||
14 | pregnancy because of the risk of birth defects; | ||||||
15 | and | ||||||
16 | (2) consumption of alcohol impairs your | ||||||
17 | ability to drive a car or operate machinery and | ||||||
18 | may cause health problems."; and | ||||||
19 | (3) the following advisory, on a sign or poster not | ||||||
20 | less than 7 inches by 5 inches, in a format to be | ||||||
21 | established or approved by the State Commission, is | ||||||
22 | displayed prominently at each location where frozen | ||||||
23 | desserts containing alcoholic liquor are made available to | ||||||
24 | the public: | ||||||
25 | "THIS AREA CONTAINS FROZEN DESSERTS CONTAINING | ||||||
26 | ALCOHOLIC LIQUOR. The sale of frozen desserts containing |
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1 | alcoholic liquor to individuals under the age of 21 years | ||||||
2 | is prohibited. | ||||||
3 | The frozen desserts containing alcoholic liquor in | ||||||
4 | this area contain alcohol up to 5% by volume. | ||||||
5 | NOTICE: Frozen desserts containing alcoholic liquor | ||||||
6 | contain alcohol used as a flavoring and, as with any | ||||||
7 | product that contains alcohol: | ||||||
8 | (1) women should not consume alcohol during | ||||||
9 | pregnancy because of the risk of birth defects; and | ||||||
10 | (2) consumption of alcohol impairs your ability to | ||||||
11 | drive a car or operate machinery and may cause health | ||||||
12 | problems. IT IS A VIOLATION PUNISHABLE UNDER LAW FOR | ||||||
13 | ANY PERSON UNDER THE AGE OF 21 TO PRESENT ANY WRITTEN | ||||||
14 | EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT, OR NOT | ||||||
15 | ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING | ||||||
16 | TO PURCHASE FROZEN DESSERTS CONTAINING ALCOHOLIC | ||||||
17 | LIQUOR.". | ||||||
18 | (c) No person shall sell at retail individual servings of | ||||||
19 | frozen desserts containing alcoholic liquor for consumption on | ||||||
20 | the premises, unless the following statements are prominently | ||||||
21 | displayed on the printed menu (or, if no printed menus are | ||||||
22 | used, on the menu board or sign setting forth the bill of fare) | ||||||
23 | immediately adjacent to the listing of the item or items of | ||||||
24 | frozen desserts containing alcoholic liquor: | ||||||
25 | "(1) The sale of this product to individuals under the | ||||||
26 | age of 21 years is prohibited. |
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1 | (2) This product is made with (insert whichever is | ||||||
2 | applicable: liquor, wine, beer, cider, or a combination | ||||||
3 | thereof) and contains alcohol up to 5% by volume. | ||||||
4 | (3) NOTICE: This product contains alcohol used as | ||||||
5 | flavoring and, as with any product that contains alcohol: | ||||||
6 | (A) women should not consume alcohol during | ||||||
7 | pregnancy because of the risk of birth defects; and | ||||||
8 | (B) consumption of alcohol impairs your ability to | ||||||
9 | drive a car or operate machinery and may cause health | ||||||
10 | problems.". | ||||||
11 | (d) No manufacturer or distributor of frozen desserts | ||||||
12 | containing alcoholic liquor shall sell such product to a | ||||||
13 | person intending to sell at retail individual servings of | ||||||
14 | frozen desserts containing alcoholic liquor or packages of | ||||||
15 | frozen desserts containing alcoholic liquor for consumption | ||||||
16 | off the premises, unless, with each shipment, the manufacturer | ||||||
17 | or distributor provides: | ||||||
18 | (1) a written notice that individual servings of | ||||||
19 | frozen desserts containing alcoholic liquor or packages of | ||||||
20 | frozen desserts containing alcoholic liquor may be sold at | ||||||
21 | retail only if the retailer complies with all of the | ||||||
22 | requirements set forth in subsection (b); and | ||||||
23 | (2) a written copy of the requirements set forth in | ||||||
24 | subsection (b). | ||||||
25 | (d) Frozen desserts containing alcoholic liquor are | ||||||
26 | subject to all applicable food safety laws, rules, standards, |
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1 | and requirements, including, but not limited to, the | ||||||
2 | provisions of the Illinois Food, Drug and Cosmetic Act.
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3 | Section 10. The Illinois Food, Drug and Cosmetic Act is | ||||||
4 | amended by changing Section 10 as follows:
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5 | (410 ILCS 620/10) (from Ch. 56 1/2, par. 510) | ||||||
6 | Sec. 10. A food is adulterated - (a) (1) If it bears or | ||||||
7 | contains any poisonous or deleterious substance which may | ||||||
8 | render it injurious to health; but in case the substance is not | ||||||
9 | an added substance such food shall not be considered | ||||||
10 | adulterated under this clause if the quantity of such | ||||||
11 | substance in such food does not ordinarily render it injurious | ||||||
12 | to health; or (2) (A) if it bears or contains any added | ||||||
13 | poisonous or added deleterious substance other than one which | ||||||
14 | is (i) a pesticide chemical in or on a raw agricultural | ||||||
15 | commodity; (ii) a food additive; or (iii) a color additive | ||||||
16 | which is unsafe within the meaning of subsection (a) of | ||||||
17 | Section 13; or (iv) a new animal drug which is unsafe within | ||||||
18 | the meaning of Section 14; or (B) if it is a raw agricultural | ||||||
19 | commodity and it bears or contains a pesticide chemical which | ||||||
20 | is unsafe within the meaning of Section 408 (a) of the Federal | ||||||
21 | Act as amended; or (C) if it is or it bears or contains, any | ||||||
22 | food additive which is unsafe within the meaning of Section | ||||||
23 | 409 of the Federal Act as amended; provided that where a | ||||||
24 | pesticide chemical has been used in or on a raw agricultural |
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1 | commodity in conformity with an exemption granted or tolerance | ||||||
2 | prescribed under Section 408 of the Federal Act and such raw | ||||||
3 | agricultural commodity has been subjected to processing such | ||||||
4 | as canning, cooking, freezing, dehydrating or milling, the | ||||||
5 | residue of such pesticide chemical remaining in or on such | ||||||
6 | processed food shall, notwithstanding the provisions of | ||||||
7 | Section 13 and Clause (C) of this Section not be deemed unsafe | ||||||
8 | if such residue in or on the raw agricultural commodity has | ||||||
9 | been removed to the extent possible in good manufacturing | ||||||
10 | practice, and the concentration of such residue in the | ||||||
11 | processed food when ready-to-eat, is not greater than the | ||||||
12 | tolerance prescribed for the raw agricultural commodity; or | ||||||
13 | (D) if it is, or it bears or contains, a new animal drug (or | ||||||
14 | conversion product thereof) which is unsafe within the meaning | ||||||
15 | of Section 512 of the Federal Act; or (3) if it consists in | ||||||
16 | whole or in part of a diseased, contaminated, filthy, putrid | ||||||
17 | or decomposed substance, or if it is otherwise unfit for food; | ||||||
18 | or (4) if it has been produced, prepared, packed or held under | ||||||
19 | unsanitary conditions whereby it may have become contaminated | ||||||
20 | with filth or whereby it may have been rendered diseased, | ||||||
21 | unwholesome or injurious to health; or (5) if it is, in whole | ||||||
22 | or in part, the product of a diseased animal or an animal which | ||||||
23 | has died otherwise than by slaughter, or that has been fed upon | ||||||
24 | the uncooked offal from a slaughterhouse; or (6) if its | ||||||
25 | container is composed, in whole or in part, of any poisonous or | ||||||
26 | deleterious substance which may render the contents injurious |
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