(235 ILCS 5/8-13) (from Ch. 43, par. 165)
Sec. 8-13.
The Department of Revenue may make such reasonable rules and
regulations as may be deemed necessary for the administration of the duties
vested in it by the provisions of this Act.
(Source: P.A. 82-783.)
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(235 ILCS 5/8-14) (from Ch. 43, par. 165a)
Sec. 8-14.
All of the provisions of Sections 5a, 5b, 5c, 5d, 5e, 5f, 5g,
5h, 5i and 5j of the Retailers' Occupation Tax Act and Section 3-7 of the
Uniform Penalty and Interest Act, are by reference incorporated in and
made a part of this Article VIII as fully as though written herein;
provided that wherever in those Sections of the Retailers' Occupation Tax
Act, reference is made to a "retailer" such reference shall, for the
purposes of this Article, be deemed to refer to a licensee under this Act.
(Source: P.A. 87-205.)
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(235 ILCS 5/Art. IX heading) ARTICLE IX.
LOCAL REFERENDUM
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(235 ILCS 5/9-1) (from Ch. 43, par. 166)
Sec. 9-1.
The words and phrases defined in this section and used in
this Article, unless inconsistent with the context, shall be construed
as follows:
"Precinct" means any part of a city, village or incorporated town of
over 200,000 population which was a "voting precinct" or an "election
precinct" for voting at the last general election.
"Political subdivision" means a township, road district, city,
village or incorporated town, as the case may be.
"Legal voter", insofar as the signing of a petition for a local
option election is concerned, means a person who is registered to vote at
the address shown opposite his signature on the petition or was registered
to vote at such address when he signed the petition.
"Annexed area" means a territory which has attached to and become a
part of a different political subdivision or precinct. The term shall be
an appropriate designation only until the area to which it attaches
holds a referendum hereunder.
"Disconnected area" means a territory which has detached or separated
from a political subdivision or precinct.
"Licensed establishment" means the premises specified in a retailer's
license pursuant to paragraph (d) of Section 5-1 and whose primary business
is the sale of alcoholic beverages on the premises, which premises are
located in any municipality having more than 2,000,000 inhabitants.
In the phrase, "Shall the sale at retail of alcoholic liquor (or
alcoholic liquor other than beer containing not more than 4% of alcohol
by weight) (or alcoholic liquor containing more than 4% of alcohol by
weight except in the original package and not for consumption on the
premises) be prohibited in (or at) ....?" the proper name, whether of a
"township", "road district", "precinct", "city", "village" or
"incorporated town", or the street address of the licensed
establishment, shall be understood to be inserted in the blank, and
the same shall be inserted in the petitions filed by and the ballots
prepared for the voters of any precinct, township, road district, city,
village or incorporated town.
"Clerk", with reference to cities, villages and incorporated towns,
and precinct situated therein, means the town, city or village clerk, as
the case may be; with reference to cities, villages and incorporated
towns which have by ordinance created a Board of Election Commissioners,
it means the Board of Election Commissioners; with reference to road
districts in counties not under township organization, it means the road
district clerk; with reference to townships or parts of townships lying
outside of cities, villages and incorporated towns in counties under
township organization, it means the township clerk.
"Election" as used in reference to cities, villages and incorporated
towns, means an election at a time fixed by the general election law for
choosing city, village or incorporated town officers. "Election" also means
an election at a time fixed by the general election law for choosing
county, township or road district officers.
In case an election is to be held for officers of the city, village,
incorporated town, township, or road district to which a proposition
requested pursuant to this Article shall be submitted, or for the
election of officers of a township or road district in which it is
requested that such proposition be submitted to that part of a township
or road district lying outside the corporate limits of a city, village
or incorporated town, not less than 90 days nor more than 6 months
following the filing of such petition, then the words "next ensuing
election" as used herein shall mean the next ensuing election for
officers of such city, village, incorporated town, township or road
district, regardless of any intervening elections at which residents of
such city, village, incorporated town, township or road district may vote.
(Source: P.A. 86-861; 87-347.)
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(235 ILCS 5/9-2) (from Ch. 43, par. 167)
Sec. 9-2.
When any legal voters of a precinct in any city, village or
incorporated town of more than 200,000 inhabitants, as determined by the
last preceding Federal census, desire to pass upon the question of
whether the sale at retail of alcoholic liquor shall be prohibited in
the precinct or at a particular street address
within the
precinct, they shall, at least 104 days before an election, file in
the office of the clerk of such city, village or incorporated town, a
petition directed to the clerk, containing the signatures of not less
than 25% of the legal voters registered with the board of election
commissioners or county clerk, as the case may be, from the precinct.
Provided, however, that when the petition seeks to prohibit the sale at
retail of alcoholic liquor at a particular street address of a licensed
establishment within
the precinct the petition shall contain the signatures of not less than 40%
of the legal voters requested from that precinct.
The petition shall request that the proposition "Shall the sale at
retail of alcoholic liquor be prohibited in (or at) ....?" be submitted to the
voters of the precinct at the next ensuing election at which such
proposition may be voted upon. The submission of the question to the
voters of such precinct at such election shall be mandatory when the
petition has been filed in proper form with the clerk. If more than one
set of petitions are presented to the clerk for submission at the same
election, the petition
presented first shall be given
preference; however, the clerk shall provisionally accept any other set of petitions setting forth the same (or
substantially the same) proposition. If the first set of petitions for a
proposition is found to be in proper form and is not found to be invalid, it
shall be accepted by the clerk and all provisionally accepted sets of
petitions setting forth the same (or substantially the same) proposition shall
be rejected by the clerk. If the first set of petitions for a proposition is
found not to be in proper form or is found to be invalid, the clerk shall (i)
reject the first set of
petitions, (ii) accept the first provisionally accepted set of petitions that
is in proper form and is not found to be invalid, and (iii) reject all other
provisionally accepted sets of
petitions setting forth the same (or substantially the same) proposition.
Notice of the filing of the petition
and the result of the election shall be given to the Secretary of State
at his offices in both, Chicago and Springfield, Illinois. A return of
the result of the election shall be made to the clerk of the city,
village or incorporated town in which the precinct is located. If a
majority of the voters voting upon such proposition vote "YES", the sale
at retail of alcoholic liquor shall be prohibited in the precinct or at
the street address.
If the sale at retail of alcoholic liquor at a particular street address is prohibited pursuant to this Section, the license for any
establishment at that street address shall be void, and no person may apply
for a license for the
sale at retail of alcoholic liquor at an establishment at that
street address unless such
prohibition is discontinued pursuant to Section 9-10.
In cities, villages and incorporated towns of 200,000 or less
population, as determined by the last preceding Federal census, the vote
upon the question of prohibiting the sale at retail of alcoholic liquor,
or alcoholic liquor other than beer containing not more than 4% of
alcohol by volume, or alcoholic liquor containing more than 4% of
alcohol by weight in the original package and not for consumption on the
premises, shall be by the voters of the political subdivision as a unit.
When any legal voters of such a city, village or incorporated town
desire to pass upon the question of whether the sale at retail of
alcoholic liquor shall be prohibited in the municipality, they shall, at
least 104 days before an election, file in the office of the clerk of the
municipality, a petition directed to the clerk, containing the
signatures of not less than 25% of the legal voters registered with the
board of election commissioners or county clerk, as the case may be,
from the municipality.
The petition shall request that the proposition,
"Shall the sale at retail of alcoholic liquor be prohibited in....?" be
submitted to the voters of the municipality at the next ensuing election
at which the proposition may be voted upon. The submission of the
question to the voters of the municipality at such election shall be
mandatory when the petition has been filed in proper form with the
clerk. If more than one set of petitions are presented to the clerk for
submission at the same election, setting forth the same or different
propositions, the petition presented first shall be given preference and
the clerk shall refuse to accept any other set of petitions. Notice of
the filing of the petition and the result of the election shall be given
to the Secretary of State at his offices in both Chicago and
Springfield, Illinois. A return of the result of the election shall be
made to the clerk of the city, village or incorporated town. If a
majority of the voters voting upon the proposition vote "Yes", the sale
at retail of alcoholic liquor shall be prohibited in the municipality.
In the event a municipality does not vote to prohibit the sale at
retail of alcoholic liquor, the council or governing body shall
ascertain and determine what portions of the municipality are
predominantly residence districts. No license permitting the sale of
alcoholic liquors shall be issued by the local liquor commissioner or
licensing officer permitting the sale of alcoholic liquors at any place
within the residence district so determined, unless the owner or owners
of at least two-thirds of the frontage, 200 feet in each direction along
the street and streets adjacent to the place of business for which a
license is sought, file with the local liquor commissioner or licensing
officer, his or their written consent to the use of such place for the
sale of alcoholic liquors.
In each township or road district lying outside the corporate limits
of a city, village or incorporated town, or in a part of a township or
road district lying partly within and partly outside a city, village or
incorporated town, the vote of such township, road district or part
thereof, shall be as a unit. When any legal voters of any such township,
or part thereof, in counties under township organization, or any legal
voters of such road district or part thereof, in counties not under
township organization, desire to vote upon the proposition as to whether
the sale at retail of alcoholic liquor shall be prohibited in such
township or road district or part thereof, they shall, at least 90 days
before an election, file in the office of the township or road district
clerk, of the township or road district within which the election is to
be held, a petition directed to the clerk and containing the signatures
of not less than 25% of the legal voters registered with the county
clerk from such township or road district or part thereof.
The submission of the question to the voters of the township, road district
or part thereof, at the next ensuing election shall be mandatory when
the petition has been filed in proper form with the clerk. If more than
one set of petitions are presented to the clerk for submission at the
same election, setting forth the same or different propositions, the
petition presented first shall be given preference and the clerk shall
refuse to accept any other set of petitions. A return of the result of
such election shall be made to the clerk of the township or road
district in which the territory is situated, and shall also be made to
the Secretary of State at his offices in both Chicago and Springfield,
Illinois.
(Source: P.A. 96-1008, eff. 7-6-10.)
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(235 ILCS 5/9-2a) (from Ch. 43, par. 167a)
Sec. 9-2a.
Sports Facilities.
Any vote under this Article, whenever
held, to prohibit sales at retail of alcoholic liquor (or alcoholic liquor
other than liquor containing not more than 4% of alcohol by weight) in a
precinct in a city, village or incorporated town of more than 200,000
inhabitants shall not apply to such sales at any new sports facility owned by
any unit of local government and constructed after July 7, 1988, or at
any new stadium described in subsection (a) of Section
10-215 of the Property Tax Code, or to a
sports stadium having more than 15,000 but less than 50,000 seats in any
municipality having more than 2,000,000 inhabitants, and such sales shall not
be prohibited pursuant to any vote of the legal voters in such a precinct. It
is declared to be the law of this State, pursuant to subsections (h) and (i) of
Section 6 of Article VII of the Illinois Constitution of 1970 that the
power to determine the application of any local referendum with respect to
sales of alcoholic liquors as provided herein is an exercise of exclusive
State power and may not be exercised concurrently by any unit of local
government, including home rule units.
(Source: P.A. 88-670, eff. 12-2-94.)
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(235 ILCS 5/9-2b)
Sec. 9-2b. (Repealed).
(Source: P.A. 93-996, eff. 8-23-04. Repealed by P.A. 94-282, eff. 7-21-05.)
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(235 ILCS 5/9-2c) Sec. 9-2c. Museum of Science and Industry. Any vote under this Article, whenever held, to prohibit sales at retail of alcoholic liquor (or alcoholic liquor other than liquor containing not more than 4% of alcohol by weight) in a precinct in a city, village, or incorporated town of more than 200,000 inhabitants shall not apply to such sales at the Museum of Science and Industry in Chicago.
(Source: P.A. 98-592, eff. 11-15-13.) |
(235 ILCS 5/9-2d) Sec. 9-2d. Private institution of higher learning. Any vote under this Article, whenever held, to prohibit sales at retail of alcoholic liquor (or alcoholic liquor other than beer containing not more than 4% of alcohol by weight or alcoholic liquor containing more than 4% alcohol by
weight in the original package and not for consumption on the premises) in a precinct in a city, village, or incorporated town of more than 200,000 inhabitants shall not apply to retail sales of alcoholic liquor if: (1) the alcoholic liquor is sold on property owned | ||
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(2) the alcoholic liquor is sold by a private | ||
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(3) the person conducting the retail sale of | ||
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(4) the sale of alcoholic liquor is not the | ||
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(Source: P.A. 101-156, eff. 1-1-20.) |
(235 ILCS 5/9-3) (from Ch. 43, par. 168)
Sec. 9-3.
A vote under the provisions of this Act, shall become
operative on the 30th day after the day of the election at which
such vote is cast.
(Source: P.A. 82-783.)
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(235 ILCS 5/9-4) (from Ch. 43, par. 169)
Sec. 9-4.
A petition for submission of the proposition shall be in
substantially the following form:
To the .... clerk of the (here insert the corporate or legal name of
the county, township, road district, city, village or incorporated
town):
The undersigned, residents and legal voters of the .... (insert the
legal name or correct designation of the political subdivision or
precinct, as the case may be), respectfully petition that you cause to
be submitted, in the manner provided by law, to the voters thereof, at
the next election, the proposition "Shall the sale at retail of
alcoholic liquor (or alcoholic liquor other than beer containing not
more than 4% of alcohol by weight) (or alcoholic liquor containing more
than 4% of alcohol by weight except in the original package and not for
consumption on the premises) be prohibited in this .... (or at the
following address ....)?"
Name of P. O. address Description of precinct Date of signer (including township, road district signing street no., or part thereof, as of if any). the last general election
A petition for a proposition to be submitted to the voters of a precinct
shall also contain in plain and nonlegal language a description of the
precinct to which the proposition is to be submitted at the election.
The description shall describe the territory of the precinct by reference
to streets, natural or artificial landmarks, addresses, or by any other
method which would enable a voter signing such petition to be informed of
the territory of the precinct. Each such petition for a precinct
referendum shall also contain a list of the names and addresses of all
licensees in the precinct.
Such petition shall conform to the requirements of the general election
law, as to form and signature requirements. The circulator's statement
shall include an attestation of: (1) that none of the signatures on this
petition sheet were signed more than 4 months before the filing of this
petition, or (2) the dates on which the petitioners signed the petition,
and shall be sworn to before an officer residing in the county where such
legal voters reside and authorized to administer oaths therein. No
signature shall be revoked except by a revocation filed within 20 days from
the filing of the petition with the clerk with whom the petition is
required to be filed. Upon request of any citizen for a photostatic copy of
the petition and paying or tendering to the clerk the costs of making the
photostatic copy, the clerk shall immediately make, or cause to be made a
photostatic copy of such petition. The clerk shall also deliver to such
person, his official certification that such copy is a true copy of the
original, stating the day when such original was filed in his office. Any
5 legal voters or any affected licensee of any political subdivision,
district or precinct in which a proposed election is about to be held as
provided for in this Act, within any time up to 72 days immediately prior
to the date of such proposed election and upon filing a bond for costs, may
contest the validity of the petitions for such election by filing a
verified petition in the Circuit Court for the county in which the
political subdivision, district or precinct is situated, setting forth
the grounds for contesting the validity of such petitions. Upon the
filing of the petition, a summons shall be issued by the Court,
addressed to the appropriate city, village, town, township or road
district clerk, notifying the clerk of the filing of the petition and
directing him to appear before the Court on behalf of the political
subdivision or district at the time named in the summons; provided, the
time shall not be less than 5 days nor more than 15 days after the
filing of the petition. The procedure in these cases, as far as may be
applicable, shall be the same as that provided for the objections to
petitions in the general election law. Any legal voter in the political
subdivision or precinct in which such election is to be held may appear in
person or by counsel, in any such contest to defend or oppose the validity
of the petition for election.
The municipal, town or road district clerk shall certify the proposition
to be submitted at the election to the appropriate election officials, in
accordance with the general election law, unless the petition has been
determined to be invalid. If the court determines the petitions to be
invalid subsequent to the certification by the clerk, the court's order
shall be transmitted to the election officials and shall nullify such
certification.
(Source: P.A. 96-1008, eff. 7-6-10.)
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(235 ILCS 5/9-5) (from Ch. 43, par. 170)
Sec. 9-5.
The appropriate election officials to whom the proposition has
been certified shall cause notice to be given in the manner provided by
the general election law of the submission of said proposition
at the next election to the voters of the political subdivision or
precinct entitled to vote thereon. Publication of the submission of such
proposition to the voters of such political subdivision or precinct
shall likewise be made in the manner provided by the general election
law; provided, the
failure of the election officials to cause such notice to be
given, or the failure to
make publication of the submission of the proposition, shall not affect
the validity or binding force of the vote upon the proposition.
(Source: P.A. 82-783.)
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