Bill Text: IL HB4203 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Liquor Control Act of 1934. Provides that "alcoholic liquor" includes alcohol-infused products. Defines "alcohol-infused products" and "co-branded alcoholic beverage". Provides that, except for persons issued a license under the Act, no person shall manufacture, distribute, or sell alcohol-infused products. Provides that no retail establishment with a retail sales floor that exceeds 2,500 square feet shall display alcohol-infused products immediately adjacent to similar products that are not alcohol-infused products or immediately adjacent to soft drinks, fruit juices, bottled waters, candies, or snack foods portraying cartoons or youth-oriented images. Provides that 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. Provides that any retail establishment with a retail sales floor that is equal to or less than 2,500 square feet shall either not display alcohol-infused products or co-branded alcoholic beverages immediately adjacent to specified products or equip the display with specified signage. Prohibits retail licensees from keeping, exposing for sale, or displaying alcohol-infused products immediately adjacent to products marketed toward children.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-11-01 - Referred to Rules Committee [HB4203 Detail]

Download: Illinois-2023-HB4203-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4203 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
235 ILCS 5/1-3.05 from Ch. 43, par. 95.05
235 ILCS 5/1-3.45 new
235 ILCS 5/1-3.46 new
235 ILCS 5/6-35.1 new
235 ILCS 5/6-35.2 new
Amends the Liquor Control Act of 1934. Provides that "alcoholic liquor" includes alcohol-infused products. Defines "alcohol-infused products" and "co-branded alcoholic beverage". Provides that, except for persons issued a license under the Act, no person shall manufacture, distribute, or sell alcohol-infused products. Provides that no retail establishment with a retail sales floor that exceeds 2,500 square feet shall display alcohol-infused products immediately adjacent to similar products that are not alcohol-infused products or immediately adjacent to soft drinks, fruit juices, bottled waters, candies, or snack foods portraying cartoons or youth-oriented images. Provides that 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. Provides that any retail establishment with a retail sales floor that is equal to or less than 2,500 square feet shall either not display alcohol-infused products or co-branded alcoholic beverages immediately adjacent to specified products or equip the display with specified signage. Prohibits retail licensees from keeping, exposing for sale, or displaying alcohol-infused products immediately adjacent to products marketed toward children.
LRB103 34982 RPS 64879 b
A BILL FOR
HB4203 LRB103 34982 RPS 64879 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 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.)

HB4203 - 2 - LRB103 34982 RPS 64879 b
(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 that contains more than 0.5%
alcohol by volume, including, but not limited to, ice cream,
ice pops, whipped cream, gelatin-based products, and other
similar products.
(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

HB4203 - 3 - LRB103 34982 RPS 64879 b
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

HB4203 - 4 - LRB103 34982 RPS 64879 b
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

HB4203 - 5 - LRB103 34982 RPS 64879 b