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92_HB4325 LRB9209131LDpr 1 AN ACT in relation to alcoholic 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 Sections 9-1, 9-2, 9-2a, 9-4, 9-6, 9-7, 9-8, 9-10, 6 9-11, and 9-13 as follows: 7 (235 ILCS 5/9-1) (from Ch. 43, par. 166) 8 Sec. 9-1. The words and phrases defined in this section 9 and used in this Article, unless inconsistent with the 10 context, shall be construed as follows: 11 "Precinct" means any part of a city, village or 12 incorporated town of over 200,000 population which was a 13 "voting precinct" or an "election precinct" for voting at the 14 last general election. 15 "Political subdivision" means a township, road district, 16 city, village or incorporated town, as the case may be. 17 "Legal voter", insofar as the signing of a petition for a 18 local option election is concerned, means a person who is 19 registered to vote at the address shown opposite his 20 signature on the petition or was registered to vote at such 21 address when he signed the petition. 22 "Annexed area" means a territory which has attached to 23 and become a part of a different political subdivision or 24 precinct. The term shall be an appropriate designation only 25 until the area to which it attaches holds a referendum 26 hereunder. 27 "Disconnected area" means a territory which has detached 28 or separated from a political subdivision or precinct. 29 "Licensed establishment" means the premises specified in 30 a retailer's license pursuant to paragraph (d) of Section 5-1 31 and whose primary business is the sale of alcoholic beverages -2- LRB9209131LDpr 1 on the premises, which premises are located in any 2 municipality having more than 2,000,000 inhabitants. 3 In the phrase, "Shall the sale at retail of alcoholic 4 liquor(or alcoholic liquor other than beer containing not5more than 4% of alcohol by weight) (or alcoholic liquor6containing more than 4% of alcohol by weight except in the7original package and not for consumption on the premises)be 8 prohibited in (or at) ....?" the proper name, whether of a 9 "township", "road district", "precinct", "city", "village" or 10 "incorporated town", or the street address of the licensed 11 establishment, shall be understood to be inserted in the 12 blank, and the same shall be inserted in the petitions filed 13 by and the ballots prepared for the voters of any precinct, 14 township, road district, city, village or incorporated town. 15 "Clerk", with reference to cities, villages and 16 incorporated towns, and precinct situated therein, means the 17 town, city or village clerk, as the case may be; with 18 reference to cities, villages and incorporated towns which 19 have by ordinance created a Board of Election Commissioners, 20 it means the Board of Election Commissioners; with reference 21 to road districts in counties not under township 22 organization, it means the road district clerk; with 23 reference to townships or parts of townships lying outside of 24 cities, villages and incorporated towns in counties under 25 township organization, it means the township clerk. 26 "Election" as used in reference to cities, villages and 27 incorporated towns, means an election at a time fixed by the 28 general election law for choosing city, village or 29 incorporated town officers. "Election" also means an election 30 at a time fixed by the general election law for choosing 31 county, township or road district officers. 32 In case an election is to be held for officers of the 33 city, village, incorporated town, township, or road district 34 to which a proposition requested pursuant to this Article -3- LRB9209131LDpr 1 shall be submitted, or for the election of officers of a 2 township or road district in which it is requested that such 3 proposition be submitted to that part of a township or road 4 district lying outside the corporate limits of a city, 5 village or incorporated town, not less than 90 days nor more 6 than 6 months following the filing of such petition, then the 7 words "next ensuing election" as used herein shall mean the 8 next ensuing election for officers of such city, village, 9 incorporated town, township or road district, regardless of 10 any intervening elections at which residents of such city, 11 village, incorporated town, township or road district may 12 vote. 13 (Source: P.A. 86-861; 87-347.) 14 (235 ILCS 5/9-2) (from Ch. 43, par. 167) 15 Sec. 9-2. When any legal voters of a precinct in any 16 city, village or incorporated town of more than 200,000 17 inhabitants, as determined by the last preceding Federal 18 census, desire to pass upon the question of whether the sale 19 at retail of alcoholic liquor shall be prohibited in the 20 precinct or at a particular street address within the 21 precinct, they shall, at least 90 days before an election, 22 file in the office of the clerk of such city, village or 23 incorporated town, a petition directed to the clerk, 24 containing the signatures of not less than 25% of the legal 25 voters registered with the board of election commissioners or 26 county clerk, as the case may be, from the precinct. 27 Provided, however, that when the petition seeks to prohibit 28 the sale at retail of alcoholic liquor at a particular street 29 address of a licensed establishment within the precinct the 30 petition shall contain the signatures of not less than 40% of 31 the legal voters requested from that precinct. The petition 32 shall request that the proposition "Shall the sale at retail 33 of alcoholic liquor be prohibited in (or at) ....?" be -4- LRB9209131LDpr 1 submitted to the voters of the precinct at the next ensuing 2 election at which such proposition may be voted upon. The 3 submission of the question to the voters of such precinct at 4 such election shall be mandatory when the petition has been 5 filed in proper form with the clerk. If more than one set of 6 petitions are presented to the clerk for submission at the 7 same election, the petition presented first shall be given 8 preference; however, the clerk shall provisionally accept any 9 other set of petitions setting forth the same (or 10 substantially the same) proposition. If the first set of 11 petitions for a proposition is found to be in proper form and 12 is not found to be invalid, it shall be accepted by the clerk 13 and all provisionally accepted sets of petitions setting 14 forth the same (or substantially the same) proposition shall 15 be rejected by the clerk. If the first set of petitions for 16 a proposition is found not to be in proper form or is found 17 to be invalid, the clerk shall (i) reject the first set of 18 petitions, (ii) accept the first provisionally accepted set 19 of petitions that is in proper form and is not found to be 20 invalid, and (iii) reject all other provisionally accepted 21 sets of petitions setting forth the same (or substantially 22 the same) proposition. Notice of the filing of the petition 23 and the result of the election shall be given to the 24 Secretary of State at his offices in both, Chicago and 25 Springfield, Illinois. A return of the result of the election 26 shall be made to the clerk of the city, village or 27 incorporated town in which the precinct is located. If a 28 majority of the voters voting upon such proposition vote 29 "YES", the sale at retail of alcoholic liquor shall be 30 prohibited in the precinct or at the street address. If the 31 sale at retail of alcoholic liquor at a particular street 32 address is prohibited pursuant to this Section, the license 33 for any establishment at that street address shall be void, 34 and no person may apply for a license for the sale at retail -5- LRB9209131LDpr 1 of alcoholic liquor at an establishment at that street 2 address unless such prohibition is discontinued pursuant to 3 Section 9-10. 4 In cities, villages and incorporated towns of 200,000 or 5 less population, as determined by the last preceding Federal 6 census, the vote upon the question of prohibiting the sale at 7 retail of alcoholic liquor, or alcoholic liquor other than8beer containing not more than 4% of alcohol by volume, or9alcoholic liquor containing more than 4% of alcohol by weight10in the original package and not for consumption on the11premises,shall be by the voters of the political subdivision 12 as a unit. When any legal voters of such a city, village or 13 incorporated town desire to pass upon the question of whether 14 the sale at retail of alcoholic liquor shall be prohibited in 15 the municipality, they shall, at least 90 days before an 16 election, file in the office of the clerk of the 17 municipality, a petition directed to the clerk, containing 18 the signatures of not less than 25% of the legal voters 19 registered with the board of election commissioners or county 20 clerk, as the case may be, from the municipality. The 21 petition shall request that the proposition, "Shall the sale 22 at retail of alcoholic liquor be prohibited in....?" be 23 submitted to the voters of the municipality at the next 24 ensuing election at which the proposition may be voted upon. 25 The submission of the question to the voters of the 26 municipality at such election shall be mandatory when the 27 petition has been filed in proper form with the clerk. If 28 more than one set of petitions are presented to the clerk for 29 submission at the same election, setting forth the same or 30 different propositions, the petition presented first shall be 31 given preference and the clerk shall refuse to accept any 32 other set of petitions. Notice of the filing of the petition 33 and the result of the election shall be given to the 34 Secretary of State at his offices in both Chicago and -6- LRB9209131LDpr 1 Springfield, Illinois. A return of the result of the election 2 shall be made to the clerk of the city, village or 3 incorporated town. If a majority of the voters voting upon 4 the proposition vote "Yes", the sale at retail of alcoholic 5 liquor shall be prohibited in the municipality. 6 In the event a municipality does not vote to prohibit the 7 sale at retail of alcoholic liquor, the council or governing 8 body shall ascertain and determine what portions of the 9 municipality are predominantly residence districts. No 10 license permitting the sale of alcoholic liquors shall be 11 issued by the local liquor commissioner or licensing officer 12 permitting the sale of alcoholic liquors at any place within 13 the residence district so determined, unless the owner or 14 owners of at least two-thirds of the frontage, 200 feet in 15 each direction along the street and streets adjacent to the 16 place of business for which a license is sought, file with 17 the local liquor commissioner or licensing officer, his or 18 their written consent to the use of such place for the sale 19 of alcoholic liquors. 20 In each township or road district lying outside the 21 corporate limits of a city, village or incorporated town, or 22 in a part of a township or road district lying partly within 23 and partly outside a city, village or incorporated town, the 24 vote of such township, road district or part thereof, shall 25 be as a unit. When any legal voters of any such township, or 26 part thereof, in counties under township organization, or any 27 legal voters of such road district or part thereof, in 28 counties not under township organization, desire to vote upon 29 the proposition as to whether the sale at retail of alcoholic 30 liquor shall be prohibited in such township or road district 31 or part thereof, they shall, at least 90 days before an 32 election, file in the office of the township or road district 33 clerk, of the township or road district within which the 34 election is to be held, a petition directed to the clerk and -7- LRB9209131LDpr 1 containing the signatures of not less than 25% of the legal 2 voters registered with the county clerk from such township or 3 road district or part thereof. The submission of the question 4 to the voters of the township, road district or part thereof, 5 at the next ensuing election shall be mandatory when the 6 petition has been filed in proper form with the clerk. If 7 more than one set of petitions are presented to the clerk for 8 submission at the same election, setting forth the same or 9 different propositions, the petition presented first shall be 10 given preference and the clerk shall refuse to accept any 11 other set of petitions. A return of the result of such 12 election shall be made to the clerk of the township or road 13 district in which the territory is situated, and shall also 14 be made to the Secretary of State at his offices in both 15 Chicago and Springfield, Illinois. 16 (Source: P.A. 88-613, eff. 1-1-95.) 17 (235 ILCS 5/9-2a) (from Ch. 43, par. 167a) 18 Sec. 9-2a. Sports Facilities. Any vote under this 19 Article, whenever held, to prohibit sales at retail of 20 alcoholic liquor(or alcoholic liquor other than liquor21containing not more than 4% of alcohol by weight)in a 22 precinct in a city, village or incorporated town of more than 23 200,000 inhabitants shall not apply to such sales at any new 24 sports facility owned by any unit of local government and 25 constructed after July 7, 1988, or at any new stadium 26 described in subsection (a) of Section 10-215 of the Property 27 Tax Code, or to a sports stadium having more than 15,000 but 28 less than 50,000 seats in any municipality having more than 29 2,000,000 inhabitants, and such sales shall not be prohibited 30 pursuant to any vote of the legal voters in such a precinct. 31 It is declared to be the law of this State, pursuant to 32 subsections (h) and (i) of Section 6 of Article VII of the 33 Illinois Constitution of 1970 that the power to determine the -8- LRB9209131LDpr 1 application of any local referendum with respect to sales of 2 alcoholic liquors as provided herein is an exercise of 3 exclusive State power and may not be exercised concurrently 4 by any unit of local government, including home rule units. 5 (Source: P.A. 88-670, eff. 12-2-94.) 6 (235 ILCS 5/9-4) (from Ch. 43, par. 169) 7 Sec. 9-4. A petition for submission of the proposition 8 shall be in substantially the following form: 9 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): 12 The undersigned, residents and legal voters of the .... 13 (insert the legal name or correct designation of the 14 political subdivision or precinct, as the case may be), 15 respectfully petition that you cause to be submitted, in the 16 manner provided by law, to the voters thereof, at the next 17 election, the proposition "Shall the sale at retail of 18 alcoholic liquor(or alcoholic liquor other than beer19containing not more than 4% of alcohol by weight) (or20alcoholic liquor containing more than 4% of alcohol by weight21except in the original package and not for consumption on the22premises)be prohibited in this .... (or at the following 23 address ....)?" 24 ------------------------------------------------------------- 25 Name of P. O. address Description of precinct Date of 26 signer (including township, road district signing 27 street no., or part thereof, as of 28 if any). the last general 29 election 30 ------------------------------------------------------------- 31 A petition for a proposition to be submitted to the 32 voters of a precinct shall also contain in plain and nonlegal 33 language a description of the precinct to which the -9- LRB9209131LDpr 1 proposition is to be submitted at the election. The 2 description shall describe the territory of the precinct by 3 reference to streets, natural or artificial landmarks, 4 addresses, or by any other method which would enable a voter 5 signing such petition to be informed of the territory of the 6 precinct. Each such petition for a precinct referendum shall 7 also contain a list of the names and addresses of all 8 licensees in the precinct. 9 Such petition shall conform to the requirements of the 10 general election law, as to form and signature requirements. 11 The circulator's statement shall include an attestation of: 12 (1) that none of the signatures on this petition sheet were 13 signed more than 4 months before the filing of this petition, 14 or (2) the dates on which the petitioners signed the 15 petition, and shall be sworn to before an officer residing in 16 the county where such legal voters reside and authorized to 17 administer oaths therein. No signature shall be revoked 18 except by a revocation filed within 20 days from the filing 19 of the petition with the clerk with whom the petition is 20 required to be filed. Upon request of any citizen for a 21 photostatic copy of the petition and paying or tendering to 22 the clerk the costs of making the photostatic copy, the clerk 23 shall immediately make, or cause to be made a photostatic 24 copy of such petition. The clerk shall also deliver to such 25 person, his official certification that such copy is a true 26 copy of the original, stating the day when such original was 27 filed in his office. Any 5 legal voters or any affected 28 licensee of any political subdivision, district or precinct 29 in which a proposed election is about to be held as provided 30 for in this Act, within any time up to 30 days immediately 31 prior to the date of such proposed election and upon filing a 32 bond for costs, may contest the validity of the petitions for 33 such election by filing a verified petition in the Circuit 34 Court for the county in which the political subdivision, -10- LRB9209131LDpr 1 district or precinct is situated, setting forth the grounds 2 for contesting the validity of such petitions. Upon the 3 filing of the petition, a summons shall be issued by the 4 Court, addressed to the appropriate city, village, town, 5 township or road district clerk, notifying the clerk of the 6 filing of the petition and directing him to appear before the 7 Court on behalf of the political subdivision or district at 8 the time named in the summons; provided, the time shall not 9 be less than 5 days nor more than 15 days after the filing of 10 the petition. The procedure in these cases, as far as may be 11 applicable, shall be the same as that provided for the 12 objections to petitions in the general election law. Any 13 legal voter in the political subdivision or precinct in which 14 such election is to be held may appear in person or by 15 counsel, in any such contest to defend or oppose the validity 16 of the petition for election. 17 The municipal, town or road district clerk shall certify 18 the proposition to be submitted at the election to the 19 appropriate election officials, in accordance with the 20 general election law, unless the petition has been determined 21 to be invalid. If the court determines the petitions to be 22 invalid subsequent to the certification by the clerk, the 23 court's order shall be transmitted to the election officials 24 and shall nullify such certification. 25 (Source: P.A. 86-861; 87-347.) 26 (235 ILCS 5/9-6) (from Ch. 43, par. 171) 27 Sec. 9-6. The proposition shall be in substantially the 28 following form: 29 ------------------------------------------------------------- 30 Shall the sale at retail of 31 alcoholic liquor(or alcoholic32liquor other than beer containingYES 33not more than 4% of alcohol by-11- LRB9209131LDpr 1weight) (or alcoholic liquor------------------ 2containing more than 4% alcohol by3weight in the original package4and not for consumption on theNO 5premises)be prohibited in (or at) ....? 6 ------------------------------------------------------------- 7 In a precinct referendum, the proposition ballot shall 8 also contain a common description of the precinct in plain 9 and nonlegal language, which may be prepared by the election 10 official or adopted from the description on the petition, 11 unless the election official responsible for conducting the 12 election determines that a description cannot be included 13 within the space limitations on the ballot to be used in the 14 election. If the description is not to be included on the 15 ballot, the election officials shall prepare large printed 16 copies of the description of the precinct together with a 17 notice of the proposition which shall be prominently 18 displayed in the precinct polling place at the election. 19 (Source: P.A. 86-861.) 20 (235 ILCS 5/9-7) (from Ch. 43, par. 172) 21 Sec. 9-7. The clerk shall record in a well bound book, 22 to be kept in his office by himself and his successor, the 23 result of the vote upon the proposition. The result of the 24 vote may be proved in all courts and in all proceedings by 25 this record or by the official certification of the clerk. In 26 cases where the record or certification shows that a majority 27 of the voters voting upon the proposition voted "YES", the 28 record or certification shall be prima facie evidence that 29 the sale at retail of alcoholic liquoror the sale at retail30of alcoholic liquor other than beer containing not more than314% of alcohol by weight or the sale at retail of alcoholic32liquor containing more than 4% of alcohol by weight except in33the original package and not for consumption on the premises,-12- LRB9209131LDpr 1as the case may be,is prohibited in the political 2 subdivision or precinct or at the licensed establishment to 3 which such vote was applicable. 4 (Source: P.A. 86-861.) 5 (235 ILCS 5/9-8) (from Ch. 43, par. 173) 6 Sec. 9-8. The status of all the territory within any 7 political subdivision or precinct, relative to the sale at 8 retail of alcoholic liquor,or the sale at retail of9alcoholic liquor other than beer containing not more than 4%10of alcohol by weight, or the sale at retail of alcoholic11liquor containing more than 4% of alcohol by weight except in12the original package and not for consumption on the premises,13as the case may be,shall remain the same, notwithstanding 14 any change which may be made in the limits of any such 15 political subdivision or precinct until the voters thereof 16 have changed such status as to annexed or disconnected areas 17 under the provisions of Section 9-9 of this Article, or until 18 the voters have changed such status for areas other than 19 annexed or disconnected areas under the provisions of Section 20 9-2 or Section 9-10. 21 (Source: P.A. 84-716.) 22 (235 ILCS 5/9-9) (from Ch. 43, par. 173.1) 23 Sec. 9-9. The status of an annexed area or disconnected 24 area, relative to the sale at retail of alcoholic liquor 25 pursuant to Section 9-8, shall remain the same until changed 26 in accordance with the following provisions: 27 (a) Upon the filing, in the office of the clerk of the 28 political subdivision or precinct of which the annexed area 29 or disconnected area becomes a part, of a petition directed 30 to such clerk, containing the signatures of not less than 25% 31 of the legal voters residing in such annexed or disconnected 32 area, to submit to the voters thereof the proposition to -13- LRB9209131LDpr 1 continue its current status, the clerk shall certify that 2 proposition to the proper election officials, who shall 3 submit the proposition to the voters of the annexed or 4 disconnected area at an election in accordance with the 5 general election law. The petition shall be supported by an 6 affidavit made by one or more of the petitioners and stating 7 that the signatures represent not less than 25% of the legal 8 voters residing in the annexed or disconnected area. The 9 provisions in Sections 9-1, 9-2, 9-4, 9-5, 9-6 and 9-7 shall 10 apply except where they conflict with this Section, in which 11 event the provisions of this Section shall control. If a 12 majority of the voters voting upon such proposition in any 13 such annexed or disconnected area vote "NO", the current 14 status shall cease in that area; or 15 (b) Upon the filing in the office of the clerk of the 16 political subdivision of which the annexed area or 17 disconnected area becomes a part of a petition directed to 18 such clerk containing the signatures of not less than 66 2/3% 19 of all the legal voters residing in the annexed or 20 disconnected area to change the status in that annexed or 21 disconnected area relative to the sale at retail of alcoholic 22 liquor by either: 23 (1) discontinuing any existing prohibition, or 24 (2) prohibiting the sale at retail of alcoholic 25 liquor,or26(3) prohibiting the sale at retail of alcoholic27liquor other than beer containing not more than 4% of28alcohol by weight, or29(4) prohibiting the sale at retail of alcoholic30liquor containing more than 4% of alcohol by weight31except in the original package and not for consumption on32the premises,the requirements for an election in 33 subsection (a) above shall be waived. 34 The requirement of Section 9-4 regarding verification of a -14- LRB9209131LDpr 1 petition shall apply to this petition. Thirty days following 2 the filing of such petition, the requested status, as 3 specified in such petition, shall become effective in the 4 annexed or disconnected area, unless within the 30 day 5 period, written verified objections by a voter residing in 6 the annexed or disconnected area are filed with the clerk. 7 The objections shall be limited to an attack upon the 8 validity of the petition and its execution. In such event, 9 the clerk shall forthwith submit to the Circuit Court for the 10 county in which the area is located, the petition and 11 objections thereto. A hearing shall be held thereon within 30 12 days after the petition and objections are filed with the 13 court. If the court finds that the petition is valid and 14 properly executed, the court shall enter an order finding 15 that the petition is valid. Thereupon, the requested status 16 shall be effective. If the court finds that the petition is 17 not valid, the petition shall be dismissed. 18 (c) A vote under subsection (a) above or the filing of a 19 valid petition under subsection (b) above shall bar further 20 proceedings under this Section for 47 months thereafter. 21 (Source: P.A. 82-783.) 22 (235 ILCS 5/9-10) (from Ch. 43, par. 174) 23 Sec. 9-10. Upon the filing in the office of the clerk, 24 at least 90 days before an election in any political 25 subdivision or precinct, as the case may be, of a petition 26 directed to such clerk, containing the signatures of not less 27 than 25% or 40% of the legal voters of the territory which 28 has prohibited the sale at retail of alcoholic liquoror the29sale at retail of alcoholic liquor other than beer containing30not more than 4% of alcohol by weight or the sale at retail31of alcoholic liquor containing more than 4% of alcohol by32weight except in the original package and not for consumption33on the premises, or a petition directed to such clerk -15- LRB9209131LDpr 1 containing the signatures of not less than 25% of the legal 2 voters of a municipality within which such territory is 3 located, to submit to the voters thereof the proposition to 4 continue such prohibition, the clerk shall certify such 5 proposition to the proper election officials, who shall 6 submit the proposition at such election to the voters of such 7 political subdivision or precinct. Where such proposition is 8 submitted pursuant to a petition signed by not less than 25% 9 of the legal voters of a municipality within which such 10 territory is located, the legal voters of the entire 11 municipality may vote on the proposition. For the purposes of 12 this Section, the number of legal voters shall be computed 13 upon the same basis as is provided in Section 9-2 for the 14 filing of a petition for referendum on the question of 15 whether the sale at retail of alcoholic liquor shall be 16 prohibited. So far as applicable, the provisions of Sections 17 9-1, 9-4, 9-5, 9-6 and 9-7 shall apply. The proposition 18 shall be in the following form: 19 ------------------------------------------------------------- 20 Shall the prohibition of the sale 21 at retail of alcoholic liquor(or22alcoholic liquor other than beerYES 23containing not more than 4% of24alcohol by weight) or (alcoholic------------------------ 25liquor containing more than 4% of26alcohol by weight in the originalNO 27package and not for consumption28on the premises)be continued 29 in (or at) .................? 30 ------------------------------------------------------------- 31 In a precinct referendum, the referendum ballot shall also 32 contain a common description of the precinct in plain and 33 nonlegal language, which may be prepared by the election 34 official or adopted from the description on the petition, -16- LRB9209131LDpr 1 unless the election official responsible for conducting the 2 election determines that a description cannot be included 3 within the space limitations on the ballots to be used in the 4 election. If the description is not to be included on the 5 ballot, the clerk shall prepare large printed copies of the 6 description of the precinct together with a notice of the 7 proposition which shall be prominently displayed in the 8 precinct polling place at the election. If a majority of the 9 voters voting upon such last mentioned proposition in any 10 such political subdivision or precinct vote "NO", such 11 prohibition shall cease in such political subdivision or 12 precinct or at the applicable licensed establishment; and 13 where such political subdivision or precinct is a city, 14 village or incorporated town situated wholly or partly within 15 the boundaries of a township or road district having a 16 similar prohibition, a majority vote of the voters voting 17 "NO" upon such proposition as above described will result in 18 the prohibition ceasing in that part of the township or road 19 district situated within such city, village or incorporated 20 town. In the event the boundaries of such political 21 subdivision or precinct have been altered or the numbers of 22 any precincts have been changed subsequent to the original 23 election making the territory prohibited territory and prior 24 to the filing of such petition for resubmission of the 25 question, only those voters actually residing in the 26 prohibited territory shall be eligible as signers of such 27 resubmission petition, except that this limitation shall not 28 apply in the case of a resubmission petition signed by at 29 least 25% of the legal voters of a municipality in which the 30 prohibited territory is located. The petition mentioned in 31 this Section shall be a public document and shall be subject 32 to inspection by the public. 33 (Source: P.A. 86-861.) -17- LRB9209131LDpr 1 (235 ILCS 5/9-11) (from Ch. 43, par. 175) 2 Sec. 9-11. A vote under the provisions of this Act in 3 and for any political subdivision or precinct or licensed 4 establishment upon the proposition to prohibit the sale at 5 retail of alcoholic liquor or to prohibit the sale at retail 6 of alcoholic liquorother than beer containing not more than74% of alcohol by weight or to prohibit the sale at retail of8alcoholic liquor containing more than 4% of alcohol by weight9except in the original package and not for consumption on the10premises orin and for any political subdivision or precinct 11 upon the proposition to continue any of such prohibitions 12 shall be a bar to the submission to the voters thereof of any 13 of such propositions as applied to all or any part of that 14 political subdivision or precinct for 47 months thereafter. 15 (Source: P.A. 86-861.) 16 (235 ILCS 5/9-13) (from Ch. 43, par. 176) 17 Sec. 9-13. It is unlawful to sell alcoholic liquor at 18 retail or to grant or issue, or cause to be granted or 19 issued, any license to sell alcoholic liquor at retail within 20 the limits of any political subdivision or precinct or at any 21 premises while the prohibition against such sales is in 22 effect, or to sell at retail alcoholic liquor other than beer23containing not more than 4% of alcohol by weight, or to grant24or issue or cause to be granted any license to sell such25alcoholic liquor at retail within the limits of such26political subdivision or precinct while the prohibition27against such sales is in effect, or to sell at retail28alcoholic liquor containing more than 4% of alcohol by weight29except in the original package and not for consumption on the30premises,or to grant or issue or cause to be granted or 31 issued any license to sell such alcoholic liquor at retail 32 within the limits of such political subdivision or precinct 33 while the prohibition against such sales is in effect. If any -18- LRB9209131LDpr 1 such license be granted or issued in violation of this 2 Section, the license shall be void. This section shall not 3 prohibit the issuance of and operation under a manufacturer's 4 or distributor's or importing distributor's license in 5 accordance with law. 6 (Source: P.A. 86-861.) 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.