Illinois 97th Regular Session Status: Enacted

SB 50 — ALCOHOL ENERGY DRINK BAN

Last action — Public Act . . . . . . . . . 97-0634

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 27, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Liquor Control Act of 1934. Provides that no product that combines beer or any other alcoholic liquor with caffeine, guarana, taurine, or other similar substances that are commonly referred to as "alcohol energy drinks" may be imported into the State or produced, manufactured, distributed, sold, or offered for sale in this State by a licensee under the Act.

Bill Text

What changed in the latest version

623 added · 82 removed

Plain-language change summary

The recent amendment to SB 50 removed a section that defined "alcopops," which are flavored alcoholic beverages, and included rules against marketing them to children. This change simplifies the bill by eliminating specific regulations around alcopops, potentially making it easier for businesses to sell these drinks. However, this also means there's less oversight on how these beverages could be marketed, which could have implications for preventing underage drinking.

→
Previous
Latest
SB0050 Engrossed LRB097 05702 ASK 45765 b AN ACT concerning liquor.
SB0050 Enrolled LRB097 05702 ASK 45765 b AN ACT concerning liquor.
The Liquor Control Act of 1934 is amended by changing Section 6-35 and by adding Section 6-36 as follows:
The Liquor Control Act of 1934 is amended by changing Section 6-11 as follows:
(235 ILCS 5/6-35) Sec.
(235 ILCS 5/6-11) Sec.
6-35.
6-11.
Alcopops.
Sale near churches, schools, and hospitals.
(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;
(a) No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station, provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where sale of alcoholic liquors is not the principal business carried on if the place of business so exempted is not located in a municipality of more than 500,000 persons, unless required by local ordinance;
(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;
nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school where the church or school has been established within such 100 feet since the issuance of the original license.
or (iii) a beverage containing distilled alcohol and added natural or artificial blending material, such as fruit juices, flavors, flavorings, colorings, or preservatives;
In the case of a church, the distance of 100 feet shall be measured to the SB0050 Enrolled - 2 - LRB097 05702 ASK 45765 b nearest part of any building used for worship services or educational programs and not to property boundaries.
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) Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor to a restaurant, the primary business of which is the sale of goods baked on the premises if (i) the restaurant is newly constructed and located on a lot of not less than 10,000 square feet, (ii) the restaurant costs at least $1,000,000 to construct, (iii) the licensee is the titleholder to the premises and resides on the premises, and (iv) the construction of the restaurant is completed within 18 months of the effective date of this amendatory Act of 1998.
SB0050 Engrossed - 2 - LRB097 05702 ASK 45765 b (b) No entity may advertise, promote, or market any alcopop beverages toward children.
(c) Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor incidental to a restaurant if (1) the primary business of the restaurant consists of the sale of food where the sale of liquor is incidental to the sale of food and the applicant is a completely new owner of the restaurant, (2) the immediately prior owner or operator of the premises where the restaurant is located operated the premises as a restaurant and held a valid retail license authorizing the sale of alcoholic liquor at the restaurant for at least part of the 24 months before the change of ownership, and (3) the restaurant is located 75 or more feet from a school.
Advertise, promote, or market includes, but is not limited to the following:
(d) In the interest of further developing Illinois' economy in the area of commerce, tourism, convention, and banquet SB0050 Enrolled - 3 - LRB097 05702 ASK 45765 b business, nothing in this Section shall prohibit issuance of a retail license authorizing the sale of alcoholic beverages to a restaurant, banquet facility, grocery store, or hotel having not fewer than 150 guest room accommodations located in a municipality of more than 500,000 persons, notwithstanding the proximity of such hotel, restaurant, banquet facility, or grocery store to any church or school, if the licensed premises described on the license are located within an enclosed mall or building of a height of at least 6 stories, or 60 feet in the case of a building that has been registered as a national landmark, or in a grocery store having a minimum of 56,010 square feet of floor space in a single story building in an open mall of at least 3.96 acres that is adjacent to a public school that opened as a boys technical high school in 1934, or in a grocery store having a minimum of 31,000 square feet of floor space in a single story building located a distance of more than 90 feet but less than 100 feet from a high school that opened in 1928 as a junior high school and became a senior high school in 1933, and in each of these cases if the sale of alcoholic liquors is not the principal business carried on by the licensee.
(1) the use of cartoons and youth-orientated photos in advertising, promotion, packaging, or labeling of alcohol products;
For purposes of this Section, a "banquet facility" is any part of a building that caters to private parties and where the sale of alcoholic liquors is not the principal business.
(2) sponsorships of athletic events where the intended audience is primarily children;
(e) Nothing in this Section shall prohibit the issuance of a license to a church or private school to sell at retail SB0050 Enrolled - 4 - LRB097 05702 ASK 45765 b alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors.
(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;
(f) Nothing in this Section shall prohibit a church or church affiliated school located in a home rule municipality or in a municipality with 75,000 or more inhabitants from locating within 100 feet of a property for which there is a preexisting license to sell alcoholic liquor at retail.
and (4) the display of any alcopop beverage in any videogame, theater production, or other live performances where the intended audience is primarily children.
In these instances, the local zoning authority may, by ordinance adopted simultaneously with the granting of an initial special use zoning permit for the church or church affiliated school, provide that the 100-foot restriction in this Section shall not apply to that church or church affiliated school and future retail liquor licenses.
(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:
(g) Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor at premises within 100 feet, but not less than 90 feet, of a public school if (1) the premises have been continuously licensed to sell alcoholic liquor for a period of at least 50 years, (2) the premises are located in a municipality having a population of over 500,000 inhabitants, (3) the licensee is an individual who is a member of a family that has held the previous 3 licenses for that location for more than 25 years, (4) the principal of the school and the alderman of the ward in which the school is located have delivered a written statement SB0050 Enrolled - 5 - LRB097 05702 ASK 45765 b to the local liquor control commissioner stating that they do not object to the issuance of a license under this subsection (g), and (5) the local liquor control commissioner has received the written consent of a majority of the registered voters who live within 200 feet of the premises.
(1) the words "contains alcohol";
(h) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within premises and at an outdoor patio area attached to premises that are located in a municipality with a population in excess of 300,000 inhabitants and that are within 100 feet of a church if:
and (2) the alcohol content of the beverage.
(1) the sale of alcoholic liquor at the premises is incidental to the sale of food, (2) the sale of liquor is not the principal business carried on by the licensee at the premises, (3) the premises are less than 1,000 square feet, (4) the premises are owned by the University of Illinois, (5) the premises are immediately adjacent to property owned by a church and are not less than 20 nor more than 40 feet from the church space used for worship services, and (6) the principal religious leader at the place of worship has indicated his or her support for the issuance of the license in writing.
(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.
(i) Notwithstanding any provision in this Section to the SB0050 Enrolled - 6 - LRB097 05702 ASK 45765 b contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 300,000 inhabitants and is within 100 feet of a church, synagogue, or other place of worship if:
(e) Nothing in this Section shall be construed to be SB0050 Engrossed - 3 - LRB097 05702 ASK 45765 b inconsistent with any other provision of this Section or any other State or federal laws, rules, or regulations regarding the labeling of alcoholic beverages.
(1) the primary entrance of the premises and the primary entrance of the church, synagogue, or other place of worship are at least 100 feet apart, on parallel streets, and separated by an alley;
and (2) the principal religious leader at the place of worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
(j) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor at a theater that is within 100 feet of a church if (1) the church owns the theater, (2) the church leases the theater to one or more entities, and (3) the theater is used by at least 5 different not-for-profit theater groups.
(k) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
(1) the primary entrance of the premises and the SB0050 Enrolled - 7 - LRB097 05702 ASK 45765 b primary entrance of the school are parallel, on different streets, and separated by an alley;
(2) the southeast corner of the premises are at least 350 feet from the southwest corner of the school;
(3) the school was built in 1978;
(4) the sale of alcoholic liquor at the premises is incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(6) the applicant is the owner of the restaurant and has held a valid license authorizing the sale of alcoholic liquor for the business to be conducted on the premises at a different location for more than 7 years;
and (7) the premises is at least 2,300 square feet and sits on a lot that is between 6,100 and 6,150 square feet.
(l) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a church or school if:
(1) the primary entrance of the premises and the closest entrance of the church or school is at least 90 feet apart and no greater than 95 feet apart;
(2) the shortest distance between the premises and the church or school is at least 80 feet apart and no greater SB0050 Enrolled - 8 - LRB097 05702 ASK 45765 b than 85 feet apart;
(3) the applicant is the owner of the restaurant and on November 15, 2006 held a valid license authorizing the sale of alcoholic liquor for the business to be conducted on the premises for at least 14 different locations;
(4) the sale of alcoholic liquor at the premises is incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(6) the premises is at least 3,200 square feet and sits on a lot that is between 7,150 and 7,200 square feet;
and (7) the principal religious leader at the place of worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
(m) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a church if:
(1) the premises and the church are perpendicular, and the primary entrance of the premises faces South while the primary entrance of the church faces West and the distance between the two entrances is more than 100 feet;
Show all 201 changed rows (161 more)
Previous
Latest
(2) the shortest distance between the premises lot line and the exterior wall of the church is at least 80 feet;
SB0050 Enrolled - 9 - LRB097 05702 ASK 45765 b (3) the church was established at the current location in 1916 and the present structure was erected in 1925;
(4) the premises is a single story, single use building with at least 1,750 square feet and no more than 2,000 square feet;
(5) the sale of alcoholic liquor at the premises is incidental to the sale of food;
(6) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
and (7) the principal religious leader at the place of worship has not indicated his or her opposition to the issuance or renewal of the license in writing.
(n) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
(1) the school is a City of Chicago School District 299 school;
(2) the school is located within subarea E of City of Chicago Residential Business Planned Development Number 70;
(3) the sale of alcoholic liquor is not the principal business carried on by the licensee on the premises;
(4) the sale of alcoholic liquor at the premises is SB0050 Enrolled - 10 - LRB097 05702 ASK 45765 b incidental to the sale of food;
and (5) the administration of City of Chicago School District 299 has expressed, in writing, its support for the issuance of the license.
(o) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a retail license authorizing the sale of alcoholic liquor at a premises that is located within a municipality in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor at the premises is incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(3) the premises is located on a street that runs perpendicular to the street on which the church is located;
(4) the primary entrance of the premises is at least 100 feet from the primary entrance of the church;
(5) the shortest distance between any part of the premises and any part of the church is at least 60 feet;
(6) the premises is between 3,600 and 4,000 square feet and sits on a lot that is between 3,600 and 4,000 square feet;
and (7) the premises was built in the year 1909.
For purposes of this subsection (o), "premises" means a place of business together with a privately owned outdoor SB0050 Enrolled - 11 - LRB097 05702 ASK 45765 b location that is adjacent to the place of business.
(p) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the shortest distance between the backdoor of the premises, which is used as an emergency exit, and the church is at least 80 feet;
(2) the church was established at the current location in 1889;
and (3) liquor has been sold on the premises since at least 1985.
(q) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor within a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church-owned property if:
(1) the premises is located within a larger building operated as a grocery store;
(2) the area of the premises does not exceed 720 square feet and the area of the larger building exceeds 18,000 square feet;
(3) the larger building containing the premises is SB0050 Enrolled - 12 - LRB097 05702 ASK 45765 b within 100 feet of the nearest property line of a church-owned property on which a church-affiliated school is located;
(4) the sale of liquor is not the principal business carried on within the larger building;
(5) the primary entrance of the larger building and the premises and the primary entrance of the church-affiliated school are on different, parallel streets, and the distance between the 2 primary entrances is more than 100 feet;
(6) the larger building is separated from the church-owned property and church-affiliated school by an alley;
(7) the larger building containing the premises and the church building front are on perpendicular streets and are separated by a street;
and (8) (Blank).
(r) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance, renewal, or maintenance of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the primary entrance of the church and the primary entrance of the restaurant are at least 100 feet apart;
(2) the restaurant has operated on the ground floor and SB0050 Enrolled - 13 - LRB097 05702 ASK 45765 b lower level of a multi-story, multi-use building for more than 40 years;
(3) the primary business of the restaurant consists of the sale of food where the sale of liquor is incidental to the sale of food;
(4) the sale of alcoholic liquor is conducted primarily in the below-grade level of the restaurant to which the only public access is by a staircase located inside the restaurant;
and (5) the restaurant has held a license authorizing the sale of alcoholic liquor on the premises for more than 40 years.
(s) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population more than 5,000 and less than 10,000 and is within 100 feet of a church if:
(1) the church was established at the location within 100 feet of the premises after a license for the sale of alcoholic liquor at the premises was first issued;
(2) a license for sale of alcoholic liquor at the premises was first issued before January 1, 2007;
and (3) a license for the sale of alcoholic liquor on the premises has been continuously in effect since January 1, 2007, except for interruptions between licenses of no more SB0050 Enrolled - 14 - LRB097 05702 ASK 45765 b than 90 days.
(t) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor incidental to the sale of food within a restaurant that is established in a premises that is located in a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school and a church if:
(1) the restaurant is located inside a five-story building with over 16,800 square feet of commercial space;
(2) the area of the premises does not exceed 31,050 square feet;
(3) the area of the restaurant does not exceed 5,800 square feet;
(4) the building has no less than 78 condominium units;
(5) the construction of the building in which the restaurant is located was completed in 2006;
(6) the building has 10 storefront properties, 3 of which are used for the restaurant;
(7) the restaurant will open for business in 2010;
(8) the building is north of the school and separated by an alley;
and (9) the principal religious leader of the church and either the alderman of the ward in which the school is located or the principal of the school have delivered a written statement to the local liquor control commissioner SB0050 Enrolled - 15 - LRB097 05702 ASK 45765 b stating that he or she does not object to the issuance of a license under this subsection (t).
(u) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the premises operates as a restaurant and has been in operation since February 2008;
(2) the applicant is the owner of the premises;
(3) the sale of alcoholic liquor is incidental to the sale of food;
(4) the sale of alcoholic liquor is not the principal business carried on by the licensee on the premises;
(5) the premises occupy the first floor of a 3-story building that is at least 90 years old;
(6) the rear lot of the school and the rear corner of the building that the premises occupy are separated by an alley;
(7) the distance from the southwest corner of the property line of the school and the northeast corner of the building that the premises occupy is at least 16 feet, 5 inches;
(8) the distance from the rear door of the premises to the southwest corner of the property line of the school is SB0050 Enrolled - 16 - LRB097 05702 ASK 45765 b at least 93 feet;
(9) the school is a City of Chicago School District 299 school;
(10) the school's main structure was erected in 1902 and an addition was built to the main structure in 1959;
and (11) the principal of the school and the alderman in whose district the premises are located have expressed, in writing, their support for the issuance of the license.
(v) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of a school if:
(1) the total land area of the premises for which the license or renewal is sought is more than 600,000 square feet;
(2) the premises for which the license or renewal is sought has more than 600 parking stalls;
(3) the total area of all buildings on the premises for which the license or renewal is sought exceeds 140,000 square feet;
(4) the property line of the premises for which the license or renewal is sought is separated from the property line of the school by a street;
SB0050 Enrolled - 17 - LRB097 05702 ASK 45765 b (5) the distance from the school's property line to the property line of the premises for which the license or renewal is sought is at least 60 feet;
(6) as of the effective date of this amendatory Act of the 97th General Assembly, the premises for which the license or renewal is sought is located in the Illinois Medical District.
(w) (v) Notwithstanding any provision in this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license to sell alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor at the premises is incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(3) the premises occupy the first floor and basement of a 2-story building that is 106 years old;
(4) the premises is at least 7,000 square feet and located on a lot that is at least 11,000 square feet;
(5) the premises is located directly west of the church, on perpendicular streets, and separated by an alley;
(6) the distance between the property line of the premises and the property line of the church is at least 20 SB0050 Enrolled - 18 - LRB097 05702 ASK 45765 b feet;
(7) the distance between the primary entrance of the premises and the primary entrance of the church is at least 130 feet;
and (8) the church has been at its location for at least 40 years.
(x) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the church has been operating in its current location since 1973;
(3) the premises has been operating in its current location since 1988;
(4) the church and the premises are owned by the same parish;
(5) the premises is used for cultural and educational purposes;
(6) the primary entrance to the premises and the primary entrance to the church are located on the same street;
(7) the principal religious leader of the church has SB0050 Enrolled - 19 - LRB097 05702 ASK 45765 b indicated his support of the issuance of the license;
(8) the premises is a 2-story building of approximately 23,000 square feet;
and (9) the premises houses a ballroom on its ground floor of approximately 5,000 square feet.
(y) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is incidental to the sale of food;
(3) according to the municipality, the distance between the east property line of the premises and the west property line of the school is 97.8 feet;
(4) the school is a City of Chicago School District 299 school;
(5) the school has been operating since 1959;
(6) the primary entrance to the premises and the primary entrance to the school are located on the same street;
(7) the street on which the entrances of the premises and the school are located is a major diagonal SB0050 Enrolled - 20 - LRB097 05702 ASK 45765 b thoroughfare;
(8) the premises is a single-story building of approximately 2,900 square feet;
and (9) the premises is used for commercial purposes only.
(z) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a mosque if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at the premises;
(3) the licensee is a national retail chain having over 100 locations within the municipality;
(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East quadrant of the municipality;
(7) the premises is a free-standing building that has "drive-through" pharmacy service;
(8) the premises has approximately 14,490 square feet of retail space;
(9) the premises has approximately 799 square feet of pharmacy space;
SB0050 Enrolled - 21 - LRB097 05702 ASK 45765 b (10) the premises is located on a major arterial street that runs east-west and accepts truck traffic;
and (11) the alderman of the ward in which the premises is located has expressed, in writing, his or her support for the issuance of the license.
(aa) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at the premises;
(3) the licensee is a national retail chain having over 100 locations within the municipality;
(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East quadrant of the municipality;
(7) the premises is located across the street from a national grocery chain outlet;
(8) the premises has approximately 16,148 square feet of retail space;
(9) the premises has approximately 992 square feet of SB0050 Enrolled - 22 - LRB097 05702 ASK 45765 b pharmacy space;
(10) the premises is located on a major arterial street that runs north-south and accepts truck traffic;
and (11) the alderman of the ward in which the premises is located has expressed, in writing, his or her support for the issuance of the license.
(bb) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is incidental to the sale of food;
(3) the primary entrance to the premises and the primary entrance to the church are located on the same street;
(4) the premises is across the street from the church;
(5) the street on which the premises and the church are located is a major arterial street that runs east-west;
(6) the church is an elder-led and Bible-based Assyrian church;
(7) the premises and the church are both single-story buildings;
SB0050 Enrolled - 23 - LRB097 05702 ASK 45765 b (8) the storefront directly west of the restaurant is being used as a restaurant;
and (9) the distance between the northern-most property line of the premises and the southern-most property line of the church is 78 feet.
(cc) Notwithstanding any provision of this Section to the contrary, nothing in this Section shall prohibit the issuance or renewal of a license authorizing the sale of alcoholic liquor at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the principal business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at the premises;
(3) the licensee is a national retail chain;
(4) as of October 25, 2011, the licensee has 1,767 stores operating nationwide, 87 stores operating in the State, and 10 stores operating within the municipality;
(5) the licensee shall occupy approximately 124,000 square feet of space in the basement and first and second floors of a building located across the street from a school;
(6) the school opened in August of 2009 and occupies approximately 67,000 square feet of space;
and (7) the building in which the premises shall be located SB0050 Enrolled - 24 - LRB097 05702 ASK 45765 b has been listed on the National Register of Historic Places since April 17, 1970.
95-618, eff.
96-283, eff.
6-1-08;
8-11-09;
95-860, eff.
96-744, eff.
1-1-09.) (235 ILCS 5/6-36 new) Sec.
8-25-09;
6-36.
96-851, eff.
Caffeinated alcohol beverages.
12-23-09;
(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.
96-871, eff.
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.
1-21-10;
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".
96-1051, eff.
(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.
7-14-10;
This Section shall only apply to products that contain caffeine, guarana, or other similar substances that are added or mixed to alcoholic liquors.
97-9, eff.
SB0050 Engrossed - 4 - LRB097 05702 ASK 45765 b 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.
6-14-11;
This Section does not apply to naturally caffeinated products such as coffee, made from the Coffea arabica plant;
97-12, eff.
cola, made from kola nuts;
6-14-11;
teas made from plants such as the leaves of Thea sinensis;
revised 9-15-11.) Section 99.
or cocoa.
Effective date.
This Act takes effect upon becoming law.
⬇ Download PDF
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 97-0634

  2. Effective Date December 16, 2011

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 2 Senate Concurs 042-011-000

  7. House Committee Amendment No. 1 Senate Concurs 042-011-000

  8. 3/5 Vote Required

  9. House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 014-000-000

  10. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 014-000-000

  11. House Floor Amendment No. 2 Motion Held in Executive

  12. House Committee Amendment No. 1 Motion Held in Executive

  13. House Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive

  14. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive

  15. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

  16. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein

  17. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  18. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein

  19. Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - November 8, 2011

  20. Secretary's Desk - Concurrence House Amendment(s) 1, 2

  21. Third Reading - Short Debate - Passed 076-035-003

  22. 3/5 Vote Required

  23. Placed on Calendar - Consideration Postponed

  24. Third Reading - Consideration Postponed

  25. Placed on Calendar Order of 3rd Reading - Short Debate

  26. House Floor Amendment No. 2 Adopted by Voice Vote

  27. House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000

  28. House Floor Amendment No. 2 Referred to Rules Committee

  29. House Floor Amendment No. 2 Filed with Clerk by Rep. Greg Harris

  30. Alternate Co-Sponsor Removed Rep. Michelle Mussman

  31. Alternate Co-Sponsor Removed Rep. Jehan A. Gordon

  32. Added Alternate Co-Sponsor Rep. Michelle Mussman

  33. Added Alternate Co-Sponsor Rep. Jehan A. Gordon

  34. Held on Calendar Order of Second Reading - Short Debate

  35. Second Reading - Short Debate

  36. Held on Calendar Order of Second Reading - Short Debate

  37. Second Reading - Short Debate

  38. Placed on Calendar 2nd Reading - Short Debate

  39. Do Pass as Amended / Short Debate Executive Committee; 011-000-000

  40. House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote

  41. House Committee Amendment No. 1 Rules Refers to Executive Committee

  42. Alternate Co-Sponsor Removed Rep. Keith Farnham

  43. Added Alternate Chief Co-Sponsor Rep. Lou Lang

  44. Added Alternate Chief Co-Sponsor Rep. Derrick Smith

  45. Alternate Chief Sponsor Changed to Rep. Greg Harris

  46. House Committee Amendment No. 1 Referred to Rules Committee

  47. House Committee Amendment No. 1 Filed with Clerk by Rep. Greg Harris

  48. Assigned to Executive Committee

  49. Final Action Deadline Extended-9(b) November 10, 2011

  50. Rule 19(a) / Re-referred to Rules Committee

  51. Final Action Deadline Extended-9(b) May 31, 2011

  52. Final Action Deadline Extended-9(b) May 27, 2011

  53. Committee Deadline Extended-Rule 9(b) May 20, 2011

  54. Added Alternate Co-Sponsor Rep. Keith Farnham

  55. Assigned to Consumer Protection Committee

  56. Referred to Rules Committee

  57. First Reading

  58. Chief House Sponsor Rep. Lou Lang

  59. Placed on Calendar Order of First Reading

  60. Arrived in House

  61. Third Reading - Passed; 054-001-000

  62. Added as Chief Co-Sponsor Sen. A. J. Wilhelmi

  63. Placed on Calendar Order of 3rd Reading February 16, 2011

  64. Second Reading

  65. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  66. Added as Chief Co-Sponsor Sen. Kwame Raoul

  67. Placed on Calendar Order of 2nd Reading February 10, 2011

  68. Do Pass Executive; 011-000-000

  69. Assigned to Executive

  70. Referred to Assignments

  71. First Reading

  72. Filed with Secretary by Sen. Ira I. Silverstein

Sponsors

  • Ira I. Silverstein · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 9 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Ira I. Silverstein

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 2

Passed 42 Yea · 11 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 311005
Democrat 9001
Republican 2100
Total 421106
% of votes cast 71%19%0%10%
How each member voted (59)
Member Party Vote
Meeks — Not Voting
Dillard — Yea
Forby — Yea
Garrett — Yea
Mulroe — Yea
Hutchinson — Yea
Kotowski — Yea
Landek — Yea
Link — Yea
Maloney — Yea
Muñoz — Yea
Noland — Yea
Radogno — Yea
Schoenberg — Yea
Silverstein — Yea
Jacobs — Yea
Johnson, T. — Yea
Sullivan — Yea
Trotter — Yea
Cullerton — Yea
Wilhelmi — Yea
Clayborne — Yea
Crotty — Yea
Duffy — Yea
Frerichs — Yea
Haine — Yea
LaHood — Nay
Brady — Nay
Johnson, C. — Nay
Jones, J. — Nay
Luechtefeld — Nay
McCann — Not Voting
McCarter — Nay
Millner — Not Voting
Cultra — Nay
Steans — Not Voting
Pankau — Not Voting
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
Lauzen — Nay
Althoff — Yea
Martinez — Yea
Bivins — Nay
Bomke — Nay
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Not Voting
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Nay

Official roll call →

Concurrence

Passed 42 Yea · 11 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 311005
Democrat 9001
Republican 2100
Total 421106
% of votes cast 71%19%0%10%
How each member voted (59)
Member Party Vote
Meeks — Not Voting
Millner — Not Voting
Garrett — Yea
Mulroe — Yea
Noland — Yea
LaHood — Nay
Landek — Yea
Lauzen — Nay
Luechtefeld — Nay
Maloney — Yea
McCarter — Nay
Muñoz — Yea
Jacobs — Yea
Johnson, T. — Yea
Sullivan — Yea
Radogno — Yea
Schoenberg — Yea
Cullerton — Yea
Silverstein — Yea
Brady — Nay
Johnson, C. — Nay
Jones, J. — Nay
Clayborne — Yea
Crotty — Yea
Cultra — Nay
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hutchinson — Yea
Trotter — Yea
Wilhelmi — Yea
McCann — Not Voting
Steans — Not Voting
Kotowski — Yea
Pankau — Not Voting
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bivins — Nay
Bomke — Nay
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Not Voting
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Nay

Official roll call →

Third Reading

Passed 76 Yea · 35 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 642706
Democrat 11400
Republican 1400
Total 763506
% of votes cast 65%30%0%5%
How each member voted (117)
Member Party Vote
Brauer — Yea
Brown — Yea
Carli — Yea
McAsey — Nay
Morthland — Nay
Gordon — Nay
Hays — Yea
Jefferson — Yea
Kay — Nay
Nekritz — Yea
Unes — Nay
Lang — Yea
Leitch — Yea
May — Yea
Lyons — Yea
Bradley — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Mathias — Nay
Brady — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
McGuire — Yea
Burke, Daniel — Yea
Moffitt — Nay
Burke, Kelly — Yea
Mitchell, Bill — Yea
Mulligan — Yea
Sullivan — Yea
Phelps — Yea
Harris, David — Yea
Harris, Greg — Yea
Senger — Yea
Sente — Nay
Hernandez — Yea
Watson — Yea
Howard — Yea
Williams — Yea
Soto — Yea
Thapedi — Nay
Jones — Yea
Tryon — Yea
Davis, Monique — Yea
Turner — Yea
Verschoore — Yea
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Cavaletto — Nay
Colvin — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Eddy — Nay
Farnham — Nay
Flowers — Yea
Fortner — Nay
Franks — Nay
Gaffney — Nay
Golar — Yea
Hatcher — Nay
Jackson — Yea
Madigan — Not Voting
Mitchell, Jerry — Not Voting
Nybo — Not Voting
Pihos — Nay
Coladipietro — Not Voting
Cole — Not Voting
Connelly — Nay
Costello — Nay
Jakobsson — Nay
Kosel — Not Voting
Osmond — Yea
Poe — Yea
Pritchard — Nay
Ramey — Nay
Reboletti — Yea
Reis — Nay
Riley — Yea
Roth — Nay
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sommer — Nay
Acevedo — Yea
Arroyo — Yea
Barickman — Nay
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biss — Nay
Mautino — Yea
Bost — Yea
Chapa LaVia — Yea
Du Buclet — Yea
Anthony DeLuca Democrat Yea
Bill Cunningham Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Nay
Julie A. Morrison Democrat Nay
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Marcus C. Evans, Jr. Democrat Nay
Michelle Mussman Democrat Nay
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Chapin Rose Republican Yea
Jil Tracy Republican Nay
Joe C. Sosnowski Republican Nay
Norine K. Hammond Republican Nay
Wayne A. Rosenthal Republican Nay

Official roll call →

Third Reading

Passed 54 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 41104
Democrat 10000
Republican 3000
Total 54104
% of votes cast 92%2%0%7%
How each member voted (59)
Member Party Vote
Hutchinson — Yea
Luechtefeld — Yea
McCann — Yea
McCarter — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Brady — Yea
Johnson, C. — Yea
Johnson, T. — Yea
Clayborne — Yea
Crotty — Yea
Kotowski — Yea
Sullivan — Yea
Jones, J. — Yea
Landek — Yea
Cullerton — Yea
Jacobs — Nay
Mulroe — Yea
Muñoz — Yea
Noland — Yea
Radogno — Yea
Trotter — Not Voting
Wilhelmi — Yea
Cultra — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Not Voting
Pankau — Yea
Raoul — Not Voting
Righter — Yea
Sandack — Yea
Sandoval — Yea
LaHood — Yea
Lauzen — Not Voting
Link — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

public-safety health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 50 do?
Amends the Liquor Control Act of 1934. Provides that no product that combines beer or any other alcoholic liquor with caffeine, guarana, taurine, or other similar substances that are commonly referred to as "alcohol energy drinks" may be imported into the State or produced, manufactured, distributed, sold, or offered for sale in this State by a licensee under the Act.
Who sponsors SB 50?
SB 50 is sponsored by Ira I. Silverstein.
What is the current status of SB 50?
This bill has been enacted into law. Introduced January 27, 2011. Enacted.
Where can I track SB 50?
Track SB 50 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 50

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 50

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →