Public Act 095-0860
 		





SB2472 Enrolled
LRB095 17318 KBJ 43387 b






    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 6-35 as follows:
 
    (235 ILCS 5/6-35)
    (This Section may contain text from a Public Act with a 
delayed effective date)
    Sec. 6-35. Alcopops Alcopop advertising.
    (a) For purposes of this Section, "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 
such blending material constitutes .5% or more of the alcohol 
by volume contained in the finished beverage; (ii) a beverage 
containing wine and 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; or (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.
    (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 
    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.
    (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) (c) 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.)

 

    Section 99. Effective date. This Act takes effect January 
1, 2009.