Full Text of HB5277 97th General Assembly
HB5277 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5277 Introduced 2/8/2012, by Rep. Esther Golar SYNOPSIS AS INTRODUCED: |
|
235 ILCS 5/9-2 | from Ch. 43, par. 167 |
|
Amends the Liquor Control Act of 1934. In language that establishes petition requirements for submitting a petition to place on an election ballot a proposition concerning the prohibition of the sale of alcohol within a designated area or jurisdiction, provides that the applicable percentage of voters is not less than 25% of registered voters who cast a ballot in the last presidential election in the applicable area or jurisdiction (instead of 25% of the legal voters registered to vote in the applicable area or jurisdiction).
|
| |
| | A BILL FOR |
|
| | | HB5277 | | LRB097 18634 AJO 63868 b |
|
| 1 | | AN ACT concerning liquor.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Section 9-2 as follows:
| 6 | | (235 ILCS 5/9-2) (from Ch. 43, par. 167)
| 7 | | Sec. 9-2.
When any legal voters of a precinct in any city, | 8 | | village or
incorporated town of more than 200,000 inhabitants, | 9 | | as determined by the
last preceding Federal census, desire to | 10 | | pass upon the question of
whether the sale at retail of | 11 | | alcoholic liquor shall be prohibited in
the precinct or at a | 12 | | particular street address
within the
precinct, they shall, at | 13 | | least 104 days before an election, file in
the office of the | 14 | | clerk of such city, village or incorporated town, a
petition | 15 | | directed to the clerk, containing the signatures of not less
| 16 | | than 25% of registered voters who cast a ballot in the last | 17 | | presidential election the legal voters registered with the | 18 | | board of election
commissioners or county clerk, as the case | 19 | | may be, from the precinct.
Provided, however, that when the | 20 | | petition seeks to prohibit the sale at
retail of alcoholic | 21 | | liquor at a particular street address of a licensed
| 22 | | establishment within
the precinct the petition shall contain | 23 | | the signatures of not less than 40%
of the legal voters |
| | | HB5277 | - 2 - | LRB097 18634 AJO 63868 b |
|
| 1 | | requested from that precinct.
The petition shall request that | 2 | | the proposition "Shall the sale at
retail of alcoholic liquor | 3 | | be prohibited in (or at) ....?" be submitted to the
voters of | 4 | | the precinct at the next ensuing election at which such
| 5 | | proposition may be voted upon. The submission of the question | 6 | | to the
voters of such precinct at such election shall be | 7 | | mandatory when the
petition has been filed in proper form with | 8 | | the clerk. If more than one
set of petitions are presented to | 9 | | the clerk for submission at the same
election, the petition
| 10 | | presented first shall be given
preference; however, the clerk | 11 | | shall provisionally accept any other set of petitions setting | 12 | | forth the same (or
substantially the same) proposition. If the | 13 | | first set of petitions for a
proposition is found to be in | 14 | | proper form and is not found to be invalid, it
shall be | 15 | | accepted by the clerk and all provisionally accepted sets of
| 16 | | petitions setting forth the same (or substantially the same) | 17 | | proposition shall
be rejected by the clerk. If the first set of | 18 | | petitions for a proposition is
found not to be in proper form | 19 | | or is found to be invalid, the clerk shall (i)
reject the first | 20 | | set of
petitions, (ii) accept the first provisionally accepted | 21 | | set of petitions that
is in proper form and is not found to be | 22 | | invalid, and (iii) reject all other
provisionally accepted sets | 23 | | of
petitions setting forth the same (or substantially the same) | 24 | | proposition.
Notice of the filing of the petition
and the | 25 | | result of the election shall be given to the Secretary of State
| 26 | | at his offices in both, Chicago and Springfield, Illinois. A |
| | | HB5277 | - 3 - | LRB097 18634 AJO 63868 b |
|
| 1 | | return of
the result of the election shall be made to the clerk | 2 | | of the city,
village or incorporated town in which the precinct | 3 | | is located. If a
majority of the voters voting upon such | 4 | | proposition vote "YES", the sale
at retail of alcoholic liquor | 5 | | shall be prohibited in the precinct or at
the street address.
| 6 | | If the sale at retail of alcoholic liquor at a particular | 7 | | street address is prohibited pursuant to this Section, the | 8 | | license for any
establishment at that street address shall be | 9 | | void, and no person may apply
for a license for the
sale at | 10 | | retail of alcoholic liquor at an establishment at that
street | 11 | | address unless such
prohibition is discontinued pursuant to | 12 | | Section 9-10.
| 13 | | In cities, villages and incorporated towns of 200,000 or | 14 | | less
population, as determined by the last preceding Federal | 15 | | census, the vote
upon the question of prohibiting the sale at | 16 | | retail of alcoholic liquor,
or alcoholic liquor other than beer | 17 | | containing not more than 4% of
alcohol by volume, or alcoholic | 18 | | liquor containing more than 4% of
alcohol by weight in the | 19 | | original package and not for consumption on the
premises, shall | 20 | | be by the voters of the political subdivision as a unit.
When | 21 | | any legal voters of such a city, village or incorporated town
| 22 | | desire to pass upon the question of whether the sale at retail | 23 | | of
alcoholic liquor shall be prohibited in the municipality, | 24 | | they shall, at
least 104 days before an election, file in the | 25 | | office of the clerk of the
municipality, a petition directed to | 26 | | the clerk, containing the
signatures of not less than 25% of |
| | | HB5277 | - 4 - | LRB097 18634 AJO 63868 b |
|
| 1 | | registered voters who cast a ballot in the last presidential | 2 | | election the legal voters registered with the
board of election | 3 | | commissioners or county clerk, as the case may be,
from the | 4 | | municipality.
The petition shall request that the proposition,
| 5 | | "Shall the sale at retail of alcoholic liquor be prohibited | 6 | | in....?" be
submitted to the voters of the municipality at the | 7 | | next ensuing election
at which the proposition may be voted | 8 | | upon. The submission of the
question to the voters of the | 9 | | municipality at such election shall be
mandatory when the | 10 | | petition has been filed in proper form with the
clerk. If more | 11 | | than one set of petitions are presented to the clerk for
| 12 | | submission at the same election, setting forth the same or | 13 | | different
propositions, the petition presented first shall be | 14 | | given preference and
the clerk shall refuse to accept any other | 15 | | set of petitions. Notice of
the filing of the petition and the | 16 | | result of the election shall be given
to the Secretary of State | 17 | | at his offices in both Chicago and
Springfield, Illinois. A | 18 | | return of the result of the election shall be
made to the clerk | 19 | | of the city, village or incorporated town. If a
majority of the | 20 | | voters voting upon the proposition vote "Yes", the sale
at | 21 | | retail of alcoholic liquor shall be prohibited in the | 22 | | municipality.
| 23 | | In the event a municipality does not vote to prohibit the | 24 | | sale at
retail of alcoholic liquor, the council or governing | 25 | | body shall
ascertain and determine what portions of the | 26 | | municipality are
predominantly residence districts. No license |
| | | HB5277 | - 5 - | LRB097 18634 AJO 63868 b |
|
| 1 | | permitting the sale of
alcoholic liquors shall be issued by the | 2 | | local liquor commissioner or
licensing officer permitting the | 3 | | sale of alcoholic liquors at any place
within the residence | 4 | | district so determined, unless the owner or owners
of at least | 5 | | two-thirds of the frontage, 200 feet in each direction along
| 6 | | the street and streets adjacent to the place of business for | 7 | | which a
license is sought, file with the local liquor | 8 | | commissioner or licensing
officer, his or their written consent | 9 | | to the use of such place for the
sale of alcoholic liquors.
| 10 | | In each township or road district lying outside the | 11 | | corporate limits
of a city, village or incorporated town, or in | 12 | | a part of a township or
road district lying partly within and | 13 | | partly outside a city, village or
incorporated town, the vote | 14 | | of such township, road district or part
thereof, shall be as a | 15 | | unit. When any legal voters of any such township,
or part | 16 | | thereof, in counties under township organization, or any legal
| 17 | | voters of such road district or part thereof, in counties not | 18 | | under
township organization, desire to vote upon the | 19 | | proposition as to whether
the sale at retail of alcoholic | 20 | | liquor shall be prohibited in such
township or road district or | 21 | | part thereof, they shall, at least 90 days
before an election, | 22 | | file in the office of the township or road district
clerk, of | 23 | | the township or road district within which the election is to
| 24 | | be held, a petition directed to the clerk and containing the | 25 | | signatures
of not less than 25% of registered voters who cast a | 26 | | ballot in the last presidential election the legal voters |
| | | HB5277 | - 6 - | LRB097 18634 AJO 63868 b |
|
| 1 | | registered with the county
clerk from such township or road | 2 | | district or part thereof.
The submission of the question to the | 3 | | voters of the township, road district
or part thereof, at the | 4 | | next ensuing election shall be mandatory when
the petition has | 5 | | been filed in proper form with the clerk. If more than
one set | 6 | | of petitions are presented to the clerk for submission at the
| 7 | | same election, setting forth the same or different | 8 | | propositions, the
petition presented first shall be given | 9 | | preference and the clerk shall
refuse to accept any other set | 10 | | of petitions. A return of the result of
such election shall be | 11 | | made to the clerk of the township or road
district in which the | 12 | | territory is situated, and shall also be made to
the Secretary | 13 | | of State at his offices in both Chicago and Springfield,
| 14 | | Illinois.
| 15 | | (Source: P.A. 96-1008, eff. 7-6-10.)
|
|