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| Public Act 103-0904 | ||||
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AN ACT concerning liquor. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Liquor Control Act of 1934 is amended by | ||||
changing Section 1-3.05 and by adding Sections 1-3.45, 1-3.46, | ||||
6-35.1, and 6-35.2 as follows: | ||||
(235 ILCS 5/1-3.05) (from Ch. 43, par. 95.05) | ||||
Sec. 1-3.05. "Alcoholic liquor" includes alcohol, spirits, | ||||
wine and beer, and every liquid or solid, patented or not, | ||||
containing alcohol, spirits, wine or beer, and capable of | ||||
being consumed as a beverage by a human being. "Alcoholic | ||||
liquor" also includes alcohol-infused products. The provisions | ||||
of this Act shall not apply to alcohol used in the manufacture | ||||
of denatured alcohol produced in accordance with Acts of | ||||
Congress and regulations promulgated thereunder, nor to any | ||||
liquid or solid containing one-half of one per cent, or less, | ||||
of alcohol by volume. No tax provided for in Article VIII of | ||||
this Act shall apply to wine intended for use and used by any | ||||
church or religious organization for sacramental purposes, | ||||
provided that such wine shall be purchased from a licensed | ||||
manufacturer or importing distributor under this Act. | ||||
(Source: P.A. 82-783.) | ||||
(235 ILCS 5/1-3.45 new) | ||
Sec. 1-3.45. Alcohol-infused products. "Alcohol-infused | ||
products" means any frozen or unfrozen, solid or semi-solid | ||
food in a form other than liquid, including, but not limited | ||
to, ice cream, ice pops, whipped cream, gelatin-based | ||
products, and other similar products, containing more than | ||
0.5% alcohol by volume. | ||
(235 ILCS 5/1-3.46 new) | ||
Sec. 1-3.46. Co-branded alcoholic beverage. "Co-branded | ||
alcoholic beverage" means any alcoholic liquor containing the | ||
same or similar brand name, logo, or packaging as a | ||
non-alcoholic beverage. | ||
(235 ILCS 5/6-35.1 new) | ||
Sec. 6-35.1. Alcohol-infused products. | ||
(a) In this Section, "immediately adjacent" means directly | ||
touching or immediately bordering one another from above, | ||
below, or the side. "Immediately adjacent" does not include a | ||
separate aisle. | ||
(b) Except for persons issued a license under this Act, no | ||
person shall manufacture, distribute, or sell alcohol-infused | ||
products. | ||
(c) No retail establishment with a retail sales floor area | ||
that exceeds 2,500 square feet shall display alcohol-infused | ||
products immediately adjacent to similar products that are not | ||
alcohol-infused products, such as non-alcoholic ice creams, | ||
whipped creams, frozen ice pops, gelatins, and other similar | ||
products, or immediately adjacent to soft drinks, fruit | ||
juices, bottled waters, candies, or snack foods portraying | ||
cartoons or youth-oriented images. | ||
(d) Any retail establishment with a retail sales floor | ||
that is equal to or less than 2,500 square feet shall either: | ||
(1) not display alcohol-infused products immediately | ||
adjacent to similar products that are not alcohol-infused | ||
products, such as non-alcoholic ice creams, whipped | ||
creams, frozen ice pops, gelatins, and other similar | ||
products, or immediately adjacent to soft drinks, fruit | ||
juices, bottled waters, candies, or snack foods portraying | ||
cartoons or youth-oriented images; or | ||
(2) equip any such display that contains | ||
alcohol-infused products and is immediately adjacent to | ||
similar products that are not alcohol-infused products, | ||
such as non-alcoholic ice creams, whipped creams, frozen | ||
ice pops, gelatins, and other similar products, or | ||
immediately adjacent to soft drinks, fruit juices, bottled | ||
waters, candies, or snack foods portraying cartoons or | ||
youth-oriented images, 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." This sign shall be provided by the State | ||
Commission. | ||
(e) Subsections (c) and (d) do not apply to an aisle or | ||
display area in which the primary 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. | ||
(f) Retail licensees under this Act shall not keep, expose | ||
for sale, or display alcohol-infused products immediately | ||
adjacent to products marketed toward children. | ||
(235 ILCS 5/6-35.2 new) | ||
Sec. 6-35.2. Co-branded alcoholic beverages. | ||
(a) In this Section, "immediately adjacent" means directly | ||
touching or immediately bordering one another from above, | ||
below, or the side. "Immediately adjacent" does not include a | ||
separate aisle. | ||
(b) No retail establishment with a retail sales floor area | ||
that exceeds 2,500 square feet shall display co-branded | ||
alcoholic beverages immediately adjacent to soft drinks, fruit | ||
juices, bottled waters, candies, or snack foods portraying | ||
cartoons or youth-oriented images or immediately adjacent to | ||
products that are not alcohol-infused products, such as | ||
non-alcoholic ice creams, whipped creams, frozen ice pops, | ||
gelatins, and other similar products. | ||
(c) Any retail establishment with a retail sales floor | ||
that is equal to or less than 2,500 square feet shall either: | ||
(1) not display co-branded alcoholic beverages | ||
immediately adjacent to soft drinks, fruit juices, bottled | ||
waters, candies, or snack foods portraying cartoons or | ||
youth-oriented images or immediately adjacent to products | ||
that are not alcohol-infused products, such as | ||
non-alcoholic ice creams, whipped creams, frozen ice pops, | ||
gelatins, and other similar products; or | ||
(2) equip any such display that contains co-branded | ||
alcoholic beverages and is immediately adjacent to soft | ||
drinks, fruit juices, bottled waters, candies, or snack | ||
foods portraying cartoons or youth-oriented images or | ||
immediately adjacent to products that are not | ||
alcohol-infused products, such as non-alcoholic ice | ||
creams, whipped creams, frozen ice pops, gelatins, and | ||
other similar products, 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." This sign shall be provided by the State | ||
Commission. | ||
(d) Subsections (b) and (c) do not apply to an aisle or | ||
display area in which the primary 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. | ||
(e) Retail licensees under this Act shall not keep, expose | ||
for sale, or display co-branded alcoholic beverages | ||
immediately adjacent to products marketed toward children. | ||