Bill Text: IL HB1327 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Liquor Control Act of 1934. Provides that no alcoholic liquor that combines alcohol with caffeine, guarana, or other similar substances that are commonly referred to as "caffeinated alcohol beverages" may be imported into the State or produced, manufactured, distributed, sold, or offered for sale in this State by a licensee under the Act. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1327 Detail]

Download: Illinois-2011-HB1327-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1327 Introduced , by Rep. Naomi D. Jakobsson SYNOPSIS AS INTRODUCED:
235 ILCS 5/6-35
235 ILCS 5/6-36 new
Amends the Liquor Control Act of 1934. Provides that no alcoholic liquor that combines alcohol with caffeine, guarana, or other similar substances that are commonly referred to as "caffeinated alcohol beverages" may be imported into the State or produced, manufactured, distributed, sold, or offered for sale in this State by a licensee under the Act. Makes other changes.
LRB097 09241 ASK 49376 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB1327 LRB097 09241 ASK 49376 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 and by adding Section 6-36 as follows:
(235 ILCS 5/6-35)
Sec. 6-35. Alcopops.
(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.

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(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) 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

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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.)
(235 ILCS 5/6-36 new)
Sec. 6-36. Caffeinated alcohol beverages.
(a) The General Assembly hereby finds and declares that the
Federal Drug Administration has determined products combining
high levels of caffeine and alcohol are unsafe or adulterated
and are hereby prohibited. Additionally, the General Assembly
recognizes the State's authority to control the importation of
alcoholic liquor as granted under the Twenty-First Amendment to
the U.S. Constitution, which states that the "transportation or
importation into any State, Territory, or possession of the
United States for delivery or use therein of intoxicating
liquors, in violation of the laws thereof, is hereby
prohibited".
(b) No alcoholic liquor that combines alcohol with
caffeine, guarana, or other similar substances that are
commonly referred to as "caffeinated alcohol beverages" may be
imported into the State or produced, manufactured,
distributed, sold, or offered for sale in this State by a
licensee under this Act. This Section shall only apply to
products that contain caffeine, guarana, or other similar
substances that are added or mixed to alcoholic liquors.

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The Liquor Control Commission shall prohibit products
under this subsection (b) from being produced, manufactured,
distributed, sold, or offered for sale in this State by a
licensee under this Act.
This Section does not apply to naturally caffeinated
products such as coffee, made from the Coffea arabica plant;
cola, made from kola nuts; teas made from plants such as the
leaves of Thea sinensis; or cocoa.