102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1014

 

Introduced 2/25/2021, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/9-2  from Ch. 43, par. 167

    Amends the Liquor Control Act of 1934. Makes a technical change in a Section concerning referenda on retail sales of alcoholic liquor.


LRB102 04819 RPS 14838 b

 

 

A BILL FOR

 

SB1014LRB102 04819 RPS 14838 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing 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,
8village or incorporated town of more than 200,000 inhabitants,
9as determined by the the last preceding Federal census, desire
10to pass upon the question of whether the sale at retail of
11alcoholic liquor shall be prohibited in the precinct or at a
12particular street address within the precinct, they shall, at
13least 104 days before an election, file in the office of the
14clerk of such city, village or incorporated town, a petition
15directed to the clerk, containing the signatures of not less
16than 25% of the legal voters registered with the board of
17election commissioners or county clerk, as the case may be,
18from the precinct. Provided, however, that when the petition
19seeks to prohibit the sale at retail of alcoholic liquor at a
20particular street address of a licensed establishment within
21the precinct the petition shall contain the signatures of not
22less than 40% of the legal voters requested from that
23precinct. The petition shall request that the proposition

 

 

SB1014- 2 -LRB102 04819 RPS 14838 b

1"Shall the sale at retail of alcoholic liquor be prohibited in
2(or at) ....?" be submitted to the voters of the precinct at
3the next ensuing election at which such proposition may be
4voted upon. The submission of the question to the voters of
5such precinct at such election shall be mandatory when the
6petition has been filed in proper form with the clerk. If more
7than one set of petitions are presented to the clerk for
8submission at the same election, the petition presented first
9shall be given preference; however, the clerk shall
10provisionally accept any other set of petitions setting forth
11the same (or substantially the same) proposition. If the first
12set of petitions for a proposition is found to be in proper
13form and is not found to be invalid, it shall be accepted by
14the clerk and all provisionally accepted sets of petitions
15setting forth the same (or substantially the same) proposition
16shall be rejected by the clerk. If the first set of petitions
17for a proposition is found not to be in proper form or is found
18to be invalid, the clerk shall (i) reject the first set of
19petitions, (ii) accept the first provisionally accepted set of
20petitions that is in proper form and is not found to be
21invalid, and (iii) reject all other provisionally accepted
22sets of petitions setting forth the same (or substantially the
23same) proposition. Notice of the filing of the petition and
24the result of the election shall be given to the Secretary of
25State at his offices in both, Chicago and Springfield,
26Illinois. A return of the result of the election shall be made

 

 

SB1014- 3 -LRB102 04819 RPS 14838 b

1to the clerk of the city, village or incorporated town in which
2the precinct is located. If a majority of the voters voting
3upon such proposition vote "YES", the sale at retail of
4alcoholic liquor shall be prohibited in the precinct or at the
5street address. If the sale at retail of alcoholic liquor at a
6particular street address is prohibited pursuant to this
7Section, the license for any establishment at that street
8address shall be void, and no person may apply for a license
9for the sale at retail of alcoholic liquor at an establishment
10at that street address unless such prohibition is discontinued
11pursuant to Section 9-10.
12    In cities, villages and incorporated towns of 200,000 or
13less population, as determined by the last preceding Federal
14census, the vote upon the question of prohibiting the sale at
15retail of alcoholic liquor, or alcoholic liquor other than
16beer containing not more than 4% of alcohol by volume, or
17alcoholic liquor containing more than 4% of alcohol by weight
18in the original package and not for consumption on the
19premises, shall be by the voters of the political subdivision
20as a unit. When any legal voters of such a city, village or
21incorporated town desire to pass upon the question of whether
22the sale at retail of alcoholic liquor shall be prohibited in
23the municipality, they shall, at least 104 days before an
24election, file in the office of the clerk of the municipality,
25a petition directed to the clerk, containing the signatures of
26not less than 25% of the legal voters registered with the board

 

 

SB1014- 4 -LRB102 04819 RPS 14838 b

1of election commissioners or county clerk, as the case may be,
2from the municipality. The petition shall request that the
3proposition, "Shall the sale at retail of alcoholic liquor be
4prohibited in....?" be submitted to the voters of the
5municipality at the next ensuing election at which the
6proposition may be voted upon. The submission of the question
7to the voters of the municipality at such election shall be
8mandatory when the petition has been filed in proper form with
9the clerk. If more than one set of petitions are presented to
10the clerk for submission at the same election, setting forth
11the same or different propositions, the petition presented
12first shall be given preference and the clerk shall refuse to
13accept any other set of petitions. Notice of the filing of the
14petition and the result of the election shall be given to the
15Secretary of State at his offices in both Chicago and
16Springfield, Illinois. A return of the result of the election
17shall be made to the clerk of the city, village or incorporated
18town. If a majority of the voters voting upon the proposition
19vote "Yes", the sale at retail of alcoholic liquor shall be
20prohibited in the municipality.
21    In the event a municipality does not vote to prohibit the
22sale at retail of alcoholic liquor, the council or governing
23body shall ascertain and determine what portions of the
24municipality are predominantly residence districts. No license
25permitting the sale of alcoholic liquors shall be issued by
26the local liquor commissioner or licensing officer permitting

 

 

SB1014- 5 -LRB102 04819 RPS 14838 b

1the sale of alcoholic liquors at any place within the
2residence district so determined, unless the owner or owners
3of at least two-thirds of the frontage, 200 feet in each
4direction along the street and streets adjacent to the place
5of business for which a license is sought, file with the local
6liquor commissioner or licensing officer, his or their written
7consent to the use of such place for the sale of alcoholic
8liquors.
9    In each township or road district lying outside the
10corporate limits of a city, village or incorporated town, or
11in a part of a township or road district lying partly within
12and partly outside a city, village or incorporated town, the
13vote of such township, road district or part thereof, shall be
14as a unit. When any legal voters of any such township, or part
15thereof, in counties under township organization, or any legal
16voters of such road district or part thereof, in counties not
17under township organization, desire to vote upon the
18proposition as to whether the sale at retail of alcoholic
19liquor shall be prohibited in such township or road district
20or part thereof, they shall, at least 90 days before an
21election, file in the office of the township or road district
22clerk, of the township or road district within which the
23election is to be held, a petition directed to the clerk and
24containing the signatures of not less than 25% of the legal
25voters registered with the county clerk from such township or
26road district or part thereof. The submission of the question

 

 

SB1014- 6 -LRB102 04819 RPS 14838 b

1to the voters of the township, road district or part thereof,
2at the next ensuing election shall be mandatory when the
3petition has been filed in proper form with the clerk. If more
4than one set of petitions are presented to the clerk for
5submission at the same election, setting forth the same or
6different propositions, the petition presented first shall be
7given preference and the clerk shall refuse to accept any
8other set of petitions. A return of the result of such election
9shall be made to the clerk of the township or road district in
10which the territory is situated, and shall also be made to the
11Secretary of State at his offices in both Chicago and
12Springfield, Illinois.
13(Source: P.A. 96-1008, eff. 7-6-10.)