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90_HB2787
235 ILCS 5/9-10 from Ch. 43, par. 174
Amends the Liquor Control Act of 1934. Decreases (from
25% to 10% of legal voters) the number of signatures needed
on a petition to hold a referendum on whether a prohibition
on the sale of alcoholic liquor should be continued.
Effective immediately.
LRB9007884LDdvA
LRB9007884LDdvA
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 9-10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Section 9-10 as follows:
7 (235 ILCS 5/9-10) (from Ch. 43, par. 174)
8 Sec. 9-10. Upon the filing in the office of the clerk,
9 at least 90 days before an election in any political
10 subdivision or precinct, as the case may be, of a petition
11 directed to such clerk, containing the signatures of not less
12 than 10% 25% or 40% of the legal voters of the territory
13 which has prohibited the sale at retail of alcoholic liquor
14 or the sale at retail of alcoholic liquor other than beer
15 containing not more than 4% of alcohol by weight or the sale
16 at retail of alcoholic liquor containing more than 4% of
17 alcohol by weight except in the original package and not for
18 consumption on the premises, or a petition directed to such
19 clerk containing the signatures of not less than 10% 25% of
20 the legal voters of a municipality within which such
21 territory is located, to submit to the voters thereof the
22 proposition to continue such prohibition, the clerk shall
23 certify such proposition to the proper election officials,
24 who shall submit the proposition at such election to the
25 voters of such political subdivision or precinct. Where such
26 proposition is submitted pursuant to a petition signed by not
27 less than 10% 25% of the legal voters of a municipality
28 within which such territory is located, the legal voters of
29 the entire municipality may vote on the proposition. For the
30 purposes of this Section, the number of legal voters shall be
31 computed upon the same basis as is provided in Section 9-2
-2- LRB9007884LDdvA
1 for the filing of a petition for referendum on the question
2 of whether the sale at retail of alcoholic liquor shall be
3 prohibited. So far as applicable, the provisions of Sections
4 9-1, 9-4, 9-5, 9-6 and 9-7 shall apply. The proposition
5 shall be in the following form:
6 -------------------------------------------------------------
7 Shall the prohibition of the sale
8 at retail of alcoholic liquor (or
9 alcoholic liquor other than beer YES
10 containing not more than 4% of
11 alcohol by weight) or (alcoholic ------------------------
12 liquor containing more than 4% of
13 alcohol by weight in the original NO
14 package and not for consumption
15 on the premises) be continued
16 in (or at) .................?
17 -------------------------------------------------------------
18 In a precinct referendum, the referendum ballot shall also
19 contain a common description of the precinct in plain and
20 nonlegal language, which may be prepared by the election
21 official or adopted from the description on the petition,
22 unless the election official responsible for conducting the
23 election determines that a description cannot be included
24 within the space limitations on the ballots to be used in the
25 election. If the description is not to be included on the
26 ballot, the clerk shall prepare large printed copies of the
27 description of the precinct together with a notice of the
28 proposition which shall be prominently displayed in the
29 precinct polling place at the election. If a majority of the
30 voters voting upon such last mentioned proposition in any
31 such political subdivision or precinct vote "NO", such
32 prohibition shall cease in such political subdivision or
33 precinct or at the applicable licensed establishment; and
34 where such political subdivision or precinct is a city,
-3- LRB9007884LDdvA
1 village or incorporated town situated wholly or partly within
2 the boundaries of a township or road district having a
3 similar prohibition, a majority vote of the voters voting
4 "NO" upon such proposition as above described will result in
5 the prohibition ceasing in that part of the township or road
6 district situated within such city, village or incorporated
7 town. In the event the boundaries of such political
8 subdivision or precinct have been altered or the numbers of
9 any precincts have been changed subsequent to the original
10 election making the territory prohibited territory and prior
11 to the filing of such petition for resubmission of the
12 question, only those voters actually residing in the
13 prohibited territory shall be eligible as signers of such
14 resubmission petition, except that this limitation shall not
15 apply in the case of a resubmission petition signed by at
16 least 10% 25% of the legal voters of a municipality in which
17 the prohibited territory is located. The petition mentioned
18 in this Section shall be a public document and shall be
19 subject to inspection by the public.
20 (Source: P.A. 86-861.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.