97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5277

 

Introduced 2/8/2012, by Rep. Esther Golar

 

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

     Amends the Liquor Control Act of 1934. In language that establishes petition requirements for submitting a petition to place on an election ballot a proposition concerning the prohibition of the sale of alcohol within a designated area or jurisdiction, provides that the applicable percentage of voters is not less than 25% of registered voters who cast a ballot in the last presidential election in the applicable area or jurisdiction (instead of 25% of the legal voters registered to vote in the applicable area or jurisdiction).


LRB097 18634 AJO 63868 b

 

 

A BILL FOR

 

HB5277LRB097 18634 AJO 63868 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 last preceding Federal census, desire to
10pass 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 registered voters who cast a ballot in the last
17presidential election the legal voters registered with the
18board of election commissioners or county clerk, as the case
19may be, from the precinct. Provided, however, that when the
20petition seeks to prohibit the sale at retail of alcoholic
21liquor at a particular street address of a licensed
22establishment within the precinct the petition shall contain
23the signatures of not less than 40% of the legal voters

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1registered with the county clerk from such township or road
2district or part thereof. The submission of the question to the
3voters of the township, road district or part thereof, at the
4next ensuing election shall be mandatory when the petition has
5been filed in proper form with the clerk. If more than one set
6of petitions are presented to the clerk for submission at the
7same election, setting forth the same or different
8propositions, the petition presented first shall be given
9preference and the clerk shall refuse to accept any other set
10of petitions. A return of the result of such election shall be
11made to the clerk of the township or road district in which the
12territory is situated, and shall also be made to the Secretary
13of State at his offices in both Chicago and Springfield,
14Illinois.
15(Source: P.A. 96-1008, eff. 7-6-10.)