Full Text of HB5277 97th General Assembly
HB5277eng 97TH GENERAL ASSEMBLY |
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| 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 the legal voters registered with the board of | 17 | | election
commissioners or county clerk, as the case may be, | 18 | | from the precinct.
However, if a petition is filed in calendar | 19 | | years 2012, 2013, or 2014 that seeks to prohibit the sale at | 20 | | retail of alcoholic liquor in a precinct, and the petition | 21 | | includes supporting materials demonstrating, to the | 22 | | satisfaction of the local liquor control commissioner, that | 23 | | there is a correlation between the sale of alcoholic liquor and |
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| 1 | | the incidence of crime in that precinct, then the petition | 2 | | shall contain the signatures of not less than 25% of registered | 3 | | voters who cast a ballot in the last presidential election in | 4 | | that precinct. Provided, however, that when the petition seeks | 5 | | to prohibit the sale at
retail of alcoholic liquor at a | 6 | | particular street address of a licensed
establishment within
| 7 | | the precinct the petition shall contain the signatures of not | 8 | | less than 40%
of the legal voters requested from that precinct.
| 9 | | The petition shall request that the proposition "Shall the sale | 10 | | at
retail of alcoholic liquor be prohibited in (or at) ....?" | 11 | | be submitted to the
voters of the precinct at the next ensuing | 12 | | election at which such
proposition may be voted upon. The | 13 | | submission of the question to the
voters of such precinct at | 14 | | such election shall be mandatory when the
petition has been | 15 | | filed in proper form with the clerk. If more than one
set of | 16 | | petitions are presented to the clerk for submission at the same
| 17 | | election, the petition
presented first shall be given
| 18 | | preference; however, the clerk shall provisionally accept any | 19 | | other set of petitions setting forth the same (or
substantially | 20 | | the same) proposition. If the first set of petitions for a
| 21 | | proposition is found to be in proper form and is not found to | 22 | | be invalid, it
shall be accepted by the clerk and all | 23 | | provisionally accepted sets of
petitions setting forth the same | 24 | | (or substantially the same) proposition shall
be rejected by | 25 | | the clerk. If the first set of petitions for a proposition is
| 26 | | found not to be in proper form or is found to be invalid, the |
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| 1 | | clerk shall (i)
reject the first set of
petitions, (ii) accept | 2 | | the first provisionally accepted set of petitions that
is in | 3 | | proper form and is not found to be invalid, and (iii) reject | 4 | | all other
provisionally accepted sets of
petitions setting | 5 | | forth the same (or substantially the same) proposition.
Notice | 6 | | of the filing of the petition
and the result of the election | 7 | | shall be given to the Secretary of State
at his offices in | 8 | | both, Chicago and Springfield, Illinois. A return of
the result | 9 | | of the election shall be made to the clerk of the city,
village | 10 | | or incorporated town in which the precinct is located. If a
| 11 | | majority of the voters voting upon such proposition vote "YES", | 12 | | the sale
at retail of alcoholic liquor shall be prohibited in | 13 | | the precinct or at
the street address.
If the sale at retail of | 14 | | alcoholic liquor at a particular street address is prohibited | 15 | | pursuant to this Section, the license for any
establishment at | 16 | | that street address shall be void, and no person may apply
for | 17 | | a license for the
sale at retail of alcoholic liquor at an | 18 | | establishment at that
street address unless such
prohibition is | 19 | | discontinued pursuant to Section 9-10.
| 20 | | In cities, villages and incorporated towns of 200,000 or | 21 | | less
population, as determined by the last preceding Federal | 22 | | census, the vote
upon the question of prohibiting the sale at | 23 | | retail of alcoholic liquor,
or alcoholic liquor other than beer | 24 | | containing not more than 4% of
alcohol by volume, or alcoholic | 25 | | liquor containing more than 4% of
alcohol by weight in the | 26 | | original package and not for consumption on the
premises, shall |
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| 1 | | be by the voters of the political subdivision as a unit.
When | 2 | | any legal voters of such a city, village or incorporated town
| 3 | | desire to pass upon the question of whether the sale at retail | 4 | | of
alcoholic liquor shall be prohibited in the municipality, | 5 | | they shall, at
least 104 days before an election, file in the | 6 | | office of the clerk of the
municipality, a petition directed to | 7 | | the clerk, containing the
signatures of not less than 25% of | 8 | | the legal voters registered with the
board of election | 9 | | commissioners or county clerk, as the case may be,
from the | 10 | | municipality.
The petition shall request that the proposition,
| 11 | | "Shall the sale at retail of alcoholic liquor be prohibited | 12 | | in....?" be
submitted to the voters of the municipality at the | 13 | | next ensuing election
at which the proposition may be voted | 14 | | upon. The submission of the
question to the voters of the | 15 | | municipality at such election shall be
mandatory when the | 16 | | petition has been filed in proper form with the
clerk. If more | 17 | | than one set of petitions are presented to the clerk for
| 18 | | submission at the same election, setting forth the same or | 19 | | different
propositions, the petition presented first shall be | 20 | | given preference and
the clerk shall refuse to accept any other | 21 | | set of petitions. Notice of
the filing of the petition and the | 22 | | result of the election shall be given
to the Secretary of State | 23 | | at his offices in both Chicago and
Springfield, Illinois. A | 24 | | return of the result of the election shall be
made to the clerk | 25 | | of the city, village or incorporated town. If a
majority of the | 26 | | voters voting upon the proposition vote "Yes", the sale
at |
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| 1 | | retail of alcoholic liquor shall be prohibited in the | 2 | | municipality.
| 3 | | In the event a municipality does not vote to prohibit the | 4 | | sale at
retail of alcoholic liquor, the council or governing | 5 | | body shall
ascertain and determine what portions of the | 6 | | municipality are
predominantly residence districts. No license | 7 | | permitting the sale of
alcoholic liquors shall be issued by the | 8 | | local liquor commissioner or
licensing officer permitting the | 9 | | sale of alcoholic liquors at any place
within the residence | 10 | | district so determined, unless the owner or owners
of at least | 11 | | two-thirds of the frontage, 200 feet in each direction along
| 12 | | the street and streets adjacent to the place of business for | 13 | | which a
license is sought, file with the local liquor | 14 | | commissioner or licensing
officer, his or their written consent | 15 | | to the use of such place for the
sale of alcoholic liquors.
| 16 | | In each township or road district lying outside the | 17 | | corporate limits
of a city, village or incorporated town, or in | 18 | | a part of a township or
road district lying partly within and | 19 | | partly outside a city, village or
incorporated town, the vote | 20 | | of such township, road district or part
thereof, shall be as a | 21 | | unit. When any legal voters of any such township,
or part | 22 | | thereof, in counties under township organization, or any legal
| 23 | | voters of such road district or part thereof, in counties not | 24 | | under
township organization, desire to vote upon the | 25 | | proposition as to whether
the sale at retail of alcoholic | 26 | | liquor shall be prohibited in such
township or road district or |
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| 1 | | part thereof, they shall, at least 90 days
before an election, | 2 | | file in the office of the township or road district
clerk, of | 3 | | the township or road district within which the election is to
| 4 | | be held, a petition directed to the clerk and containing the | 5 | | signatures
of not less than 25% of the legal voters registered | 6 | | with the county
clerk from such township or road district or | 7 | | part thereof.
The submission of the question to the voters of | 8 | | the township, road district
or part thereof, at the next | 9 | | ensuing election shall be mandatory when
the petition has been | 10 | | filed in proper form with the clerk. If more than
one set of | 11 | | petitions are presented to the clerk for submission at the
same | 12 | | election, setting forth the same or different propositions, the
| 13 | | petition presented first shall be given preference and the | 14 | | clerk shall
refuse to accept any other set of petitions. A | 15 | | return of the result of
such election shall be made to the | 16 | | clerk of the township or road
district in which the territory | 17 | | is situated, and shall also be made to
the Secretary of State | 18 | | at his offices in both Chicago and Springfield,
Illinois.
| 19 | | (Source: P.A. 96-1008, eff. 7-6-10.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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