103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4212
 
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.


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A BILL FOR
 
HB4212LRB103 35056 CES 65007 b


1 AN ACT concerning liquor.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Liquor Control Act of 1934 is amended by 
5changing Section 1-3.05 and by adding Sections 1-3.45, 1-3.46, 
66-35.1, and 6-35.2 as follows:

7 (235 ILCS 5/1-3.05) (from Ch. 43, par. 95.05)
8 Sec. 1-3.05. "Alcoholic liquor" includes alcohol, spirits, 
9wine and beer, and every liquid or solid, patented or not, 
10containing alcohol, spirits, wine or beer, and capable of 
11being consumed as a beverage by a human being. "Alcoholic 
12liquor" also includes alcohol-infused products. The provisions 
13of this Act shall not apply to alcohol used in the manufacture 
14of denatured alcohol produced in accordance with Acts of 
15Congress and regulations promulgated thereunder, nor to any 
16liquid or solid containing one-half of one per cent, or less, 
17of alcohol by volume. No tax provided for in Article VIII of 
18this Act shall apply to wine intended for use and used by any 
19church or religious organization for sacramental purposes, 
20provided that such wine shall be purchased from a licensed 
21manufacturer or importing distributor under this Act.
22(Source: P.A. 82-783.)

 
 
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1 (235 ILCS 5/1-3.45 new)
2 Sec. 1-3.45. Alcohol-infused products. "Alcohol-infused 
3products" means any frozen or unfrozen, solid or semi-solid 
4food in a form other than liquid, including, but not limited 
5to, ice cream, ice pops, whipped cream, gelatin-based 
6products, and other similar products, containing more than 
70.5% alcohol by volume.

8 (235 ILCS 5/1-3.46 new)
9 Sec. 1-3.46. Co-branded alcoholic beverage. "Co-branded 
10alcoholic beverage" means any alcoholic liquor containing the 
11same or similar brand name, logo, or packaging as a 
12non-alcoholic beverage.

13 (235 ILCS 5/6-35.1 new)
14 Sec. 6-35.1. Alcohol-infused products. 
15 (a) In this Section, "immediately adjacent" means directly 
16touching or immediately bordering one another from above, 
17below, or the side. "Immediately adjacent" does not include a 
18separate aisle.
19 (b) Except for persons issued a license under this Act, no 
20person shall manufacture, distribute, or sell alcohol-infused 
21products.
22 (c) No retail establishment with a retail sales floor area 
23that exceeds 2,500 square feet shall display alcohol-infused 
24products immediately adjacent to similar products that are not 
 
 
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1alcohol-infused products, such as non-alcoholic ice creams, 
2whipped creams, frozen ice pops, gelatins, and other similar 
3products, or immediately adjacent to soft drinks, fruit 
4juices, bottled waters, candies, or snack foods portraying 
5cartoons or youth-oriented images.
6 (d) Any retail establishment with a retail sales floor 
7that is equal to or less than 2,500 square feet shall either:
8  (1) not display alcohol-infused products immediately 
9 adjacent to similar products that are not alcohol-infused 
10 products, such as non-alcoholic ice creams, whipped 
11 creams, frozen ice pops, gelatins, and other similar 
12 products, or immediately adjacent to soft drinks, fruit 
13 juices, bottled waters, candies, or snack foods portraying 
14 cartoons or youth-oriented images; or
15  (2) equip any such display that contains 
16 alcohol-infused products and is immediately adjacent to 
17 similar products that are not alcohol-infused products, 
18 such as non-alcoholic ice creams, whipped creams, frozen 
19 ice pops, gelatins, and other similar products, or 
20 immediately adjacent to soft drinks, fruit juices, bottled 
21 waters, candies, or snack foods portraying cartoons or 
22 youth-oriented images, with signage that is clearly 
23 visible to consumers, is not less than 8.5 x 11 inches, and 
24 states the following: "THIS PRODUCT IS AN ALCOHOLIC 
25 BEVERAGE AVAILABLE ONLY TO PERSONS WHO ARE 21 YEARS OF AGE 
26 OR OLDER." This sign shall be provided by the State 
 
 
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1 Commission.
2 (e) Subsections (c) and (d) do not apply to an aisle or 
3display area in which the primary items for sale are alcoholic 
4liquors or in an area in which persons under the age of 21 are 
5prohibited from entering without a parent or legal guardian.
6 (f) Retail licensees under this Act shall not keep, expose 
7for sale, or display alcohol-infused products immediately 
8adjacent to products marketed toward children.

9 (235 ILCS 5/6-35.2 new)
10 Sec. 6-35.2. Co-branded alcoholic beverages.  
11 (a) In this Section, "immediately adjacent" means directly 
12touching or immediately bordering one another from above, 
13below, or the side. "Immediately adjacent" does not include a 
14separate aisle.
15 (b) No retail establishment with a retail sales floor area 
16that exceeds 2,500 square feet shall display co-branded 
17alcoholic beverages immediately adjacent to soft drinks, fruit 
18juices, bottled waters, candies, or snack foods portraying 
19cartoons or youth-oriented images or immediately adjacent to 
20products that are not alcohol-infused products, such as 
21non-alcoholic ice creams, whipped creams, frozen ice pops, 
22gelatins, and other similar products.
23 (c) Any retail establishment with a retail sales floor 
24that is equal to or less than 2,500 square feet shall either:
25  (1) not display co-branded alcoholic beverages 
 
 
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