Full Text of HB4661 093rd General Assembly
HB4661 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4661
Introduced 02/04/04, by Harry Osterman SYNOPSIS AS INTRODUCED: |
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235 ILCS 5/9-4 |
from Ch. 43, par. 169 |
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Amends the Liquor Control Act of 1934 concerning petitions to prohibit sales on certain premises. Deletes a provision requiring a revocation of a signature on a petition to be filed within 20 days from the filing of the petition.
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A BILL FOR
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HB4661 |
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LRB093 18584 LRD 44306 b |
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| AN ACT in relation to alcoholic liquor.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Section
9-4
as follows:
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| (235 ILCS 5/9-4) (from Ch. 43, par. 169)
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| Sec. 9-4. A petition for submission of the proposition | 8 |
| shall be in
substantially the following form:
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| To the .... clerk of the (here insert the corporate or | 10 |
| legal name of
the county, township, road district, city, | 11 |
| village or incorporated
town):
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| The undersigned, residents and legal voters of the .... | 13 |
| (insert the
legal name or correct designation of the political | 14 |
| subdivision or
precinct, as the case may be), respectfully | 15 |
| petition that you cause to
be submitted, in the manner provided | 16 |
| by law, to the voters thereof, at
the next election, the | 17 |
| proposition "Shall the sale at retail of
alcoholic liquor (or | 18 |
| alcoholic liquor other than beer containing not
more than 4% of | 19 |
| alcohol by weight) (or alcoholic liquor containing more
than 4% | 20 |
| of alcohol by weight except in the original package and not for
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| consumption on the premises) be prohibited in this .... (or at | 22 |
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following address ....)?"
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| Name of P. O. address Description of precinct Date of
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| signer (including township, road district signing
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| street no., or part thereof, as of
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| if any). the last general
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| election
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| A petition for a proposition to be submitted to the voters | 31 |
| of a precinct
shall also contain in plain and nonlegal language | 32 |
| a description of the
precinct to which the proposition is to be |
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HB4661 |
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LRB093 18584 LRD 44306 b |
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| submitted at the election.
The description shall describe the | 2 |
| territory of the precinct by reference
to streets, natural or | 3 |
| artificial landmarks, addresses, or by any other
method which | 4 |
| would enable a voter signing such petition to be informed of
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| the territory of the precinct. Each such petition for a | 6 |
| precinct
referendum shall also contain a list of the names and | 7 |
| addresses of all
licensees in the precinct.
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| Such petition shall conform to the requirements of the | 9 |
| general election
law, as to form and signature requirements. | 10 |
| The circulator's statement
shall include an attestation of: (1) | 11 |
| that none of the signatures on this
petition sheet were signed | 12 |
| more than 4 months before the filing of this
petition, or (2) | 13 |
| the dates on which the petitioners signed the petition,
and | 14 |
| shall be sworn to before an officer residing in the county | 15 |
| where such
legal voters reside and authorized to administer | 16 |
| oaths therein. No
signature shall be revoked except by a | 17 |
| revocation filed within 20 days from
the filing of the petition | 18 |
| with the clerk with whom the petition is
required to be filed. | 19 |
| Upon request of any citizen for a photostatic copy of
the | 20 |
| petition and paying or tendering to the clerk the costs of | 21 |
| making the
photostatic copy, the clerk shall immediately make, | 22 |
| or cause to be made a
photostatic copy of such petition. The | 23 |
| clerk shall also deliver to such
person, his official | 24 |
| certification that such copy is a true copy of the
original, | 25 |
| stating the day when such original was filed in his office. Any
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| 5 legal voters or any affected licensee of any political | 27 |
| subdivision,
district or precinct in which a proposed election | 28 |
| is about to be held as
provided for in this Act, within any | 29 |
| time up to 30 days immediately prior
to the date of such | 30 |
| proposed election and upon filing a bond for costs, may
contest | 31 |
| the validity of the petitions for such election by filing a
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| verified petition in the Circuit Court for the county in which | 33 |
| the
political subdivision, district or precinct is situated, | 34 |
| setting forth
the grounds for contesting the validity of such | 35 |
| petitions. Upon the
filing of the petition, a summons shall be | 36 |
| issued by the Court,
addressed to the appropriate city, |
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HB4661 |
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LRB093 18584 LRD 44306 b |
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| village, town, township or road
district clerk, notifying the | 2 |
| clerk of the filing of the petition and
directing him to appear | 3 |
| before the Court on behalf of the political
subdivision or | 4 |
| district at the time named in the summons; provided, the
time | 5 |
| shall not be less than 5 days nor more than 15 days after the
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| filing of the petition. The procedure in these cases, as far as | 7 |
| may be
applicable, shall be the same as that provided for the | 8 |
| objections to
petitions in the general election law. Any legal | 9 |
| voter in the political
subdivision or precinct in which such | 10 |
| election is to be held may appear in
person or by counsel, in | 11 |
| any such contest to defend or oppose the validity
of the | 12 |
| petition for election.
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| The municipal, town or road district clerk shall certify | 14 |
| the proposition
to be submitted at the election to the | 15 |
| appropriate election officials, in
accordance with the general | 16 |
| election law, unless the petition has been
determined to be | 17 |
| invalid. If the court determines the petitions to be
invalid | 18 |
| subsequent to the certification by the clerk, the court's order
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| shall be transmitted to the election officials and shall | 20 |
| nullify such
certification.
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| (Source: P.A. 86-861; 87-347 .)
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