093_HB2770

 
                                     LRB093 09309 LRD 09542 b

 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 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
 8    city, village or  incorporated  town  of  more  than  200,000
 9    inhabitants,  as  determined  by  the  last preceding Federal
10    census, desire to pass upon the question of whether the  sale
11    at  retail  of  alcoholic  liquor  shall be prohibited in the
12    precinct  or  at  a  particular  street  address  within  the
13    precinct, they shall, at least 90 days  before  an  election,
14    file in the office of the clerk of that such city, village or
15    incorporated   town,   a  petition  directed  to  the  clerk,
16    containing the signatures of not less than 25% of  the  legal
17    voters registered with the board of election commissioners or
18    county  clerk,  as  the  case  may  be,  from  the  precinct.
19    Provided,  however,  that when the petition seeks to prohibit
20    the sale at retail of alcoholic liquor at a particular street
21    address of a licensed establishment within the  precinct  the
22    petition shall contain the signatures of not less than 40% of
23    the  legal  voters requested from that precinct. The petition
24    shall request that the proposition "Shall the sale at  retail
25    of  alcoholic  liquor  be  prohibited  in  (or  at) ....?" be
26    submitted to the voters of the precinct at the  next  ensuing
27    election  at  which  such  proposition may be voted upon. The
28    submission of the question to the voters of such precinct  at
29    such  election  shall be mandatory when the petition has been
30    filed in proper form with the clerk.  If more than one set of
31    petitions are presented to the clerk for  submission  at  the
 
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 1    same  election,  the  petition presented first shall be given
 2    preference; however, the clerk shall provisionally accept any
 3    other  set  of  petitions  setting   forth   the   same   (or
 4    substantially  the  same)  proposition.   If the first set of
 5    petitions for a proposition is found to be in proper form and
 6    is not found to be invalid, it shall be accepted by the clerk
 7    and all provisionally  accepted  sets  of  petitions  setting
 8    forth  the same (or substantially the same) proposition shall
 9    be rejected by the clerk.  If the first set of petitions  for
10    a  proposition  is found not to be in proper form or is found
11    to be invalid, the clerk shall (i) reject the  first  set  of
12    petitions,  (ii)  accept the first provisionally accepted set
13    of petitions that is in proper form and is not  found  to  be
14    invalid,  and  (iii)  reject all other provisionally accepted
15    sets of petitions setting forth the  same  (or  substantially
16    the  same)  proposition. Notice of the filing of the petition
17    and the  result  of  the  election  shall  be  given  to  the
18    Secretary  of  State  at  his  offices  in  both, Chicago and
19    Springfield, Illinois. A return of the result of the election
20    shall  be  made  to  the  clerk  of  the  city,  village   or
21    incorporated  town  in  which  the  precinct is located. If a
22    majority of the voters  voting  upon  such  proposition  vote
23    "YES",  the  sale  at  retail  of  alcoholic  liquor shall be
24    prohibited in the precinct or at the street address.  If  the
25    sale  at  retail  of  alcoholic liquor at a particular street
26    address is prohibited pursuant to this Section,  the  license
27    for  any  establishment at that street address shall be void,
28    and no person may apply for a license for the sale at  retail
29    of  alcoholic  liquor  at  an  establishment  at  that street
30    address unless such prohibition is discontinued  pursuant  to
31    Section 9-10.
32        In  cities, villages and incorporated towns of 200,000 or
33    less population, as determined by the last preceding  Federal
34    census, the vote upon the question of prohibiting the sale at
 
                            -3-      LRB093 09309 LRD 09542 b
 1    retail  of  alcoholic  liquor, or alcoholic liquor other than
 2    beer containing not more than 4% of  alcohol  by  volume,  or
 3    alcoholic liquor containing more than 4% of alcohol by weight
 4    in  the  original  package  and  not  for  consumption on the
 5    premises, shall be by the voters of the political subdivision
 6    as a unit. When any legal voters of such a city,  village  or
 7    incorporated town desire to pass upon the question of whether
 8    the sale at retail of alcoholic liquor shall be prohibited in
 9    the  municipality,  they  shall,  at  least 90 days before an
10    election,  file  in  the  office  of   the   clerk   of   the
11    municipality,  a  petition  directed to the clerk, containing
12    the signatures of not less  than  25%  of  the  legal  voters
13    registered with the board of election commissioners or county
14    clerk,  as  the  case  may  be,  from  the  municipality. The
15    petition shall request that the proposition, "Shall the  sale
16    at  retail  of  alcoholic  liquor  be  prohibited in....?" be
17    submitted to the voters  of  the  municipality  at  the  next
18    ensuing  election at which the proposition may be voted upon.
19    The  submission  of  the  question  to  the  voters  of   the
20    municipality  at  such  election  shall be mandatory when the
21    petition has been filed in proper form with  the  clerk.   If
22    more than one set of petitions are presented to the clerk for
23    submission  at  the  same election, setting forth the same or
24    different propositions, the petition presented first shall be
25    given preference and the clerk shall  refuse  to  accept  any
26    other set of petitions.  Notice of the filing of the petition
27    and  the  result  of  the  election  shall  be  given  to the
28    Secretary of  State  at  his  offices  in  both  Chicago  and
29    Springfield, Illinois. A return of the result of the election
30    shall   be  made  to  the  clerk  of  the  city,  village  or
31    incorporated town. If a majority of the  voters  voting  upon
32    the  proposition  vote "Yes", the sale at retail of alcoholic
33    liquor shall be prohibited in the municipality.
34        In the event a municipality does not vote to prohibit the
 
                            -4-      LRB093 09309 LRD 09542 b
 1    sale at retail of alcoholic liquor, the council or  governing
 2    body  shall  ascertain  and  determine  what  portions of the
 3    municipality  are  predominantly  residence   districts.   No
 4    license  permitting  the  sale  of alcoholic liquors shall be
 5    issued by the local liquor commissioner or licensing  officer
 6    permitting  the sale of alcoholic liquors at any place within
 7    the residence district so determined,  unless  the  owner  or
 8    owners  of  at  least two-thirds of the frontage, 200 feet in
 9    each direction along the street and streets adjacent  to  the
10    place  of  business  for which a license is sought, file with
11    the local liquor commissioner or licensing  officer,  his  or
12    their  written  consent to the use of such place for the sale
13    of alcoholic liquors.
14        In each township  or  road  district  lying  outside  the
15    corporate  limits of a city, village or incorporated town, or
16    in a part of a township or road district lying partly  within
17    and  partly outside a city, village or incorporated town, the
18    vote of such township, road district or part  thereof,  shall
19    be  as a unit. When any legal voters of any such township, or
20    part thereof, in counties under township organization, or any
21    legal voters of  such  road  district  or  part  thereof,  in
22    counties not under township organization, desire to vote upon
23    the proposition as to whether the sale at retail of alcoholic
24    liquor  shall be prohibited in such township or road district
25    or part thereof, they shall,  at  least  90  days  before  an
26    election, file in the office of the township or road district
27    clerk,  of  the  township  or  road district within which the
28    election is to be held, a petition directed to the clerk  and
29    containing  the  signatures of not less than 25% of the legal
30    voters registered with the county clerk from such township or
31    road district or part thereof. The submission of the question
32    to the voters of the township, road district or part thereof,
33    at the next ensuing election  shall  be  mandatory  when  the
34    petition  has  been  filed in proper form with the clerk.  If
 
                            -5-      LRB093 09309 LRD 09542 b
 1    more than one set of petitions are presented to the clerk for
 2    submission at the same election, setting forth  the  same  or
 3    different propositions, the petition presented first shall be
 4    given  preference  and  the  clerk shall refuse to accept any
 5    other set of petitions.  A  return  of  the  result  of  such
 6    election  shall  be made to the clerk of the township or road
 7    district in which the territory is situated, and  shall  also
 8    be  made  to  the  Secretary  of State at his offices in both
 9    Chicago and Springfield, Illinois.
10    (Source: P.A. 88-613, eff. 1-1-95.)