(235 ILCS 5/9-10.1) (from Ch. 43, par. 174.1)
Sec. 9-10.1.
In the event a home rule municipality, as set forth in Article
VII of the Illinois Constitution, changes the status of the municipality
by ordinance so as to allow the sale at retail of alcoholic liquor in a
municipality which has previously prohibited such sale pursuant to local
referendum, such sale may be continued in that municipality even though
it subsequently ceases to be a home rule municipality. The prohibition against
the sale at retail of alcoholic beverages in such a municipality may thereafter
be reinstated pursuant to Section 9-2 or by subsequent ordinance of the municipality.
(Source: P.A. 83-736.)
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(235 ILCS 5/9-11) (from Ch. 43, par. 175)
Sec. 9-11.
A vote under the provisions of this Act in and
for any political subdivision or precinct or licensed establishment
upon the proposition to prohibit the sale at retail
of alcoholic liquor or to prohibit the sale at retail of alcoholic liquor
other than beer containing not more than 4% of alcohol by weight or to
prohibit the sale at retail of alcoholic liquor containing more than 4% of
alcohol by weight except in the original package and not for consumption on
the premises or in and for any political subdivision or precinct upon the
proposition to continue any of such prohibitions shall be a bar to the
submission to the voters thereof of any of such propositions as applied to
all or any part of that political subdivision or precinct for 47 months
thereafter.
(Source: P.A. 86-861.)
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(235 ILCS 5/9-12) (from Ch. 43, par. 175.1)
Sec. 9-12.
Within 10 days after the filing of any petition under this
Article, the official with whom the petition is filed shall prepare the report hereinafter prescribed. One copy shall be kept
on file in the official's office, and he shall, by registered mail, send
two copies to the Secretary of State, one copy to the county clerk and
one copy to the person who filed the petition.
The official shall make such report substantially in the following form:
Report of filing of petition for local option election to be held on
.... in .... (name of precinct, etc.).
Date of filing ....
By whom filed ....
Number of signers ....
Proposal(s) to be voted upon ....
.... (Official)
Immediately upon completion of the canvass of any local option
election, the official shall prepare a report of the
election result as hereinafter prescribed, shall keep one copy on
file in his office , and, within 10 days after the canvass, shall, by
registered mail, send two copies to the Secretary of State and one copy
to the county clerk. The report shall be substantially as follows:
Report of local option election held on .... in .... (name of
precinct, etc.) upon the following proposal(s) ....
Number voting "YES" ....
Number voting "NO" ....
.... (Official)
The official shall sign each copy of every report required by this
Section.
The Secretary of State and the county clerk shall keep on file in
their offices, available for inspection, any report received by him
pursuant to this Section.
(Source: P.A. 103-363, eff. 7-28-23.)
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(235 ILCS 5/9-13) (from Ch. 43, par. 176)
Sec. 9-13.
It is unlawful to sell alcoholic liquor at retail
or to grant or
issue, or cause to be granted or issued, any license to sell alcoholic
liquor at retail within the limits of any political subdivision or precinct
or at any premises
while the prohibition against such sales is in effect, or to sell at retail
alcoholic liquor other than beer containing not more than 4% of alcohol by
weight, or to grant or issue or cause to be granted any license to sell
such alcoholic liquor at retail within the limits of such political
subdivision or precinct while the prohibition against such sales is in
effect, or to sell at retail alcoholic liquor containing more than 4% of
alcohol by weight except in the original package and not for consumption on
the premises, or to grant or issue or cause to be granted or issued any
license to sell such alcoholic liquor at retail within the limits of such
political subdivision or precinct while the prohibition against such sales
is in effect. If any such license be granted or issued in violation of this
section, the license shall be void. This section shall not prohibit the
issuance of and operation under a manufacturer's or distributor's or
importing distributor's license in accordance with law.
(Source: P.A. 86-861.)
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(235 ILCS 5/9-14) (from Ch. 43, par. 177)
Sec. 9-14.
The giving away or delivery of any alcoholic liquor for the
purpose of evading any provision of this Article, or the taking of orders
or the making of agreements, at or within any political subdivision or
precinct or at any premises while such sales are prohibited, for the
sale or delivery of any
alcoholic liquor, or other shift or device to evade any provision of this
Act, shall constitute an unlawful selling.
(Source: P.A. 86-861.)
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(235 ILCS 5/9-15) (from Ch. 43, par. 178)
Sec. 9-15.
All places where alcoholic liquor is sold in violation of any
provision of this Article shall be taken and held and are declared to be
common nuisances and may be abated as such.
(Source: P.A. 82-783.)
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(235 ILCS 5/9-16) (from Ch. 43, par. 179)
Sec. 9-16.
Any clerk, judge of election, police officer or
other officer of
the law, who shall refuse or neglect or fail to discharge any duty imposed
by this Article, and any one who signs a petition provided for in this
Article, knowing he is not qualified to do so, or who files with the clerk
any such petition or any sheet or other part thereof knowing that it
contains the signature of a person not qualified to sign the same, or who
receives, requests or demands or gives, offers or promises any reward for
the signing or the refraining from signing of any such petition, or who by
treating or giving alcoholic liquor or anything else, or by threats to
injure another in person or property, or by betting or other device, either
directly or indirectly influences or attempts to influence anyone to sign
or refrain from signing any such petition, shall be guilty of a violation
of this Article and punishable therefor.
(Source: P.A. 82-783.)
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(235 ILCS 5/9-17) (from Ch. 43, par. 180)
Sec. 9-17.
In all prosecutions under this Article, it shall not be necessary
to state the kind of liquor sold; nor to describe the place where sold; nor
to show the knowledge of the principal to convict for the acts of any agent
or servant; nor to state the name of any person to whom liquor is sold; nor
to set forth the facts showing that the required number of legal voters
petitioned for the submission to the voters of said proposition, nor that a
majority of the voters voting upon such proposition voted "YES", but it
shall be sufficient to state that the act complained of took place in a
territory where such sales were prohibited.
(Source: P.A. 84-551.)
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(235 ILCS 5/9-18) (from Ch. 43, par. 181)
Sec. 9-18.
Nothing in this Article shall be construed to forbid or prevent
the sale of alcoholic liquor according to the terms of a license
theretofore regularly issued in good faith according to law until after the
final disposition of the case wherein an election result, indicating that
the sale of alcoholic liquor is prohibited, is contested. Any portion of a
license fee which shall have been paid and which represents the unexpired
period for which the license was issued after the sale at retail of
alcoholic liquor has been prohibited in a political subdivision or precinct
in which the premises described in such license is located shall be
refunded. Nothing in this Article shall be construed to forbid or prevent
the sale of alcoholic liquor by a railroad licensee on trains passing
through prohibited territory.
(Source: P.A. 82-783.)
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(235 ILCS 5/9-19) (from Ch. 43, par. 182)
Sec. 9-19.
Any 5 legal voters of any political subdivision or precinct
in which an election has been held as provided for in this Act, may
within 10 days after the canvass of the returns of such election and
upon filing a bond for costs, contest the validity of such election by
filing a verified petition in the Circuit Court for the county in which
such political subdivision or precinct is situated, setting forth the
grounds for the contest. Upon the filing of such petition a summons
shall forthwith issue from such court addressed to the election official
who conducted the election, notifying the
official of the filing of such petition and directing him to appear before
the court at the
time named in the summons; provided, the time shall be not less than 5
nor more than 15 days after the filing of such petition. The procedure
in such cases, as far as applicable, shall be the same as that provided
in the general election law. Any registered voter in the political
subdivision or precinct in which the election has been held may appear
in person, or by counsel, in any such contest to defend or oppose the
validity of the election.
(Source: P.A. 82-783.)
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(235 ILCS 5/Art. X heading) ARTICLE X.
VIOLATIONS, PENALTIES, SEARCHES AND SEIZURES
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(235 ILCS 5/10-1) (from Ch. 43, par. 183)
Sec. 10-1. Violations; penalties. Whereas a substantial threat
to the sound and careful control, regulation, and taxation of the
manufacture, sale, and distribution of alcoholic liquors exists by virtue
of individuals who manufacture,
import, distribute, or sell alcoholic liquors within the State without
having first obtained a valid license to do so, and whereas such threat is
especially serious along the borders of this State, and whereas such threat
requires immediate correction by this Act, by active investigation and
prosecution by the State Commission, law enforcement officials, and prosecutors, and by prompt and
strict enforcement through the courts of this State to punish violators and
to deter such conduct in the future:
(a) Any person who manufactures, imports
for distribution or use, transports from outside this State into this State, or distributes or sells 108 liters (28.53 gallons) or more of wine, 45 liters (11.88 gallons) or more of distilled spirits, or 118 liters (31.17 gallons) or more of beer at any
place within the State without having first obtained a valid license to do
so under the provisions of this Act shall be guilty of a Class 4 felony for each offense. However, any person who was duly licensed under this Act and whose license expired within 30 days prior to a violation shall be guilty of a business offense and fined not more than $1,000 for the first such offense and shall be guilty of a Class 4 felony for each subsequent offense.
Any person who manufactures, imports for distribution, transports from outside this State into this State for sale or resale in this State, or distributes or sells less than 108 liters (28.53 gallons) of wine, less than 45 liters (11.88 gallons) of distilled spirits, or less than 118 liters (31.17 gallons) of beer at any place within the State without having first obtained a valid license to do so under the provisions of this Act shall be guilty of a business offense and fined not more than $1,000 for the first such offense and shall be guilty of a Class 4 felony for each subsequent offense. This subsection does not apply to a motor carrier or freight forwarder, as defined in Section 13102 of Title 49 of the United States Code, an air carrier, as defined in Section 40102 of Title 49 of the United States Code, or a rail carrier, as defined in Section 10102 of Title 49 of the United States Code. Any person who: (1) has been issued an initial cease and desist notice from the State Commission; and (2) for compensation, does any of the following: (i) ships alcoholic liquor into this State without a license authorized by Section 5-1 issued by the State Commission or in violation of that license; or (ii) manufactures, imports for distribution, transports from outside this State into this State for sale or resale in this State, or distributes or sells alcoholic liquors at any place without having first obtained a valid license to do so is guilty of a Class 4 felony for each offense. (b) (1) Any retailer, caterer retailer, brew pub, special event retailer, special use permit holder, homebrewer special event permit holder, or craft distiller tasting permit holder who knowingly causes alcoholic liquors to be imported directly into the State of Illinois from outside of the State for the purpose of furnishing, giving, or selling to another, except when having received the product from a duly licensed distributor or importing distributor, shall have his license suspended for 30 days for
the first offense and for the second offense, shall have his license
revoked by the Commission.
(2) In the event the State Commission receives a certified copy of a final order
from a foreign jurisdiction that an Illinois retail licensee has been found to
have violated that foreign jurisdiction's laws, rules, or regulations
concerning the importation of alcoholic liquor into that foreign jurisdiction,
the violation may be grounds for the State Commission to revoke, suspend, or refuse
to
issue or renew a license, to impose a fine, or to take any additional action
provided by this Act with respect to the Illinois retail license or licensee.
Any such action on the part of the State Commission shall be in accordance with this
Act and implementing rules.
For the purposes of paragraph (2): (i) "foreign jurisdiction" means a
state, territory, or possession of the United States, the District of Columbia,
or the Commonwealth of Puerto Rico, and (ii) "final order" means an order or
judgment of a court or administrative body that determines the rights of the
parties respecting the subject matter of the proceeding, that remains in full
force and effect, and from which no appeal can be taken.
(c) Any person who shall make any false statement or otherwise
violates any of the provisions of this Act in obtaining any license
hereunder, or who having obtained a license hereunder shall violate any
of the provisions of this Act with respect to the manufacture,
possession, distribution or sale of alcoholic liquor, or with respect to
the maintenance of the licensed premises, or shall violate any other
provision of this Act, shall for a first offense be guilty of a petty
offense and fined not more than $500, and for a second or subsequent
offense shall be guilty of a Class B misdemeanor.
(c-5) Any owner of an establishment that serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol, who knowingly fails to prohibit concealed firearms on its premises or who knowingly makes a false statement or record to avoid the prohibition of concealed firearms on its premises under the Firearm Concealed Carry Act shall be guilty of a business offense with a fine up to $5,000. (d) Each day any person engages in business as a manufacturer,
foreign importer, importing distributor, distributor or retailer in
violation of the provisions of this Act shall constitute a separate offense.
(e) Any person, under the age of 21 years who, for the purpose
of buying, accepting or receiving alcoholic liquor from a
licensee, represents that he is 21 years of age or over shall be guilty
of a Class A misdemeanor.
(f) In addition to the penalties herein provided, any person
licensed as a wine-maker in either class who manufactures more wine than
authorized by his license shall be guilty of a business offense and shall be
fined $1 for each gallon so manufactured.
(g) A person shall be exempt from prosecution for a violation of this
Act if he is a peace officer in the enforcement of the criminal laws and
such activity is approved in writing by one of the following:
(1) In all counties, the respective State's Attorney;
(2) The Director of the Illinois State Police under | ||
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(3) In cities over 1,000,000, the Superintendent of | ||
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(Source: P.A. 101-37, eff. 7-3-19; 102-538, eff. 8-20-21.)
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