(235 ILCS 5/9-9) (from Ch. 43, par. 173.1)
Sec. 9-9.
The status of an annexed area or disconnected area, relative
to the sale at retail of alcoholic liquor pursuant to Section 9-8, shall
remain the same until changed in accordance with the following
provisions:
(a) Upon the filing, in the office of the clerk of the political
subdivision or precinct of which the annexed area or disconnected area
becomes a part, of a petition directed to such clerk, containing the
signatures of not less than 25% of the legal voters residing in such
annexed or disconnected area, to submit to the voters thereof the
proposition to continue its current status, the clerk shall certify that
proposition to the proper election officials, who shall submit the proposition
to the voters of the annexed or disconnected area at an election in accordance
with the general election law. The petition shall be supported by an affidavit
made by one or more of the petitioners and stating that the signatures
represent not less than 25% of the legal voters residing in the annexed or
disconnected area. The provisions in Sections 9-1, 9-2, 9-4, 9-5, 9-6 and 9-7
shall apply except where they conflict with this Section, in which event the
provisions of this Section shall control. If a majority of the voters voting
upon such proposition in any such annexed or disconnected area vote "NO", the
current status shall cease in that area; or
(b) Upon the filing in the office of the clerk of the political
subdivision of which the annexed area or disconnected area becomes a
part of a petition directed to such clerk containing the signatures of
not less than 66 2/3% of all the legal voters residing in the annexed or
disconnected area to change the status in that annexed or disconnected
area relative to the sale at retail of alcoholic liquor by either:
(1) discontinuing any existing prohibition, or
(2) prohibiting the sale at retail of alcoholic |
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(3) prohibiting the sale at retail of alcoholic
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| liquor other than beer containing not more than 4% of alcohol by weight, or
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(4) prohibiting the sale at retail of alcoholic
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| liquor containing more than 4% of alcohol by weight except in the original package and not for consumption on the premises, the requirements for an election in subsection (a) above shall be waived.
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The requirement of Section 9-4 regarding verification of a petition shall
apply to this petition. Thirty days following the filing of such petition, the
requested status, as specified in such petition, shall become effective in the
annexed or disconnected area, unless within the 30 day period, written verified
objections by a voter residing in the annexed or disconnected area are filed
with the clerk. The objections shall be limited to an attack upon the validity
of the petition and its execution. In such event, the clerk shall forthwith
submit to the Circuit Court for the county in which the area is located, the
petition and objections thereto. A hearing shall be held thereon within 30 days
after the petition and objections are filed with the court. If the court finds
that the petition is valid and properly executed, the court shall enter an
order finding that the petition is valid. Thereupon, the requested status shall
be effective. If the court finds that the petition is not valid, the petition
shall be dismissed.
(c) A vote under subsection (a) above or the filing of a valid petition
under subsection (b) above shall bar further proceedings under this Section for
47 months thereafter.
(Source: P.A. 82-783.)
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