Full Text of SB1014 102nd General Assembly
SB1014 102ND GENERAL ASSEMBLY |
| | 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 |
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Amends the Liquor Control Act of 1934. Makes a technical change in a Section
concerning referenda on retail sales of alcoholic liquor.
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| | A BILL FOR |
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| | | SB1014 | | LRB102 04819 RPS 14838 b |
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| 1 | | AN ACT concerning 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 city, | 8 | | village or
incorporated town of more than 200,000 inhabitants, | 9 | | as determined by the
the
last preceding Federal census, desire | 10 | | to pass upon the question of
whether the sale at retail of | 11 | | alcoholic liquor shall be prohibited in
the precinct or at a | 12 | | particular street address
within the
precinct, they shall, at | 13 | | least 104 days before an election, file in
the office of the | 14 | | clerk of such city, village or incorporated town, a
petition | 15 | | directed to the clerk, containing the signatures of not less
| 16 | | than 25% of the legal voters registered with the board of | 17 | | election
commissioners or county clerk, as the case may be, | 18 | | from the precinct.
Provided, however, that when the petition | 19 | | seeks to prohibit the sale at
retail of alcoholic liquor at a | 20 | | particular street address of a licensed
establishment within
| 21 | | the precinct the petition shall contain the signatures of not | 22 | | less than 40%
of the legal voters requested from that | 23 | | precinct.
The petition shall request that the proposition |
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| 1 | | "Shall the sale at
retail of alcoholic liquor be prohibited in | 2 | | (or at) ....?" be submitted to the
voters of the precinct at | 3 | | the next ensuing election at which such
proposition may be | 4 | | voted upon. The submission of the question to the
voters of | 5 | | such precinct at such election shall be mandatory when the
| 6 | | petition has been filed in proper form with the clerk. If more | 7 | | than one
set of petitions are presented to the clerk for | 8 | | submission at the same
election, the petition
presented first | 9 | | shall be given
preference; however, the clerk shall | 10 | | provisionally accept any other set of petitions setting forth | 11 | | the same (or
substantially the same) proposition. If the first | 12 | | set of petitions for a
proposition is found to be in proper | 13 | | form and is not found to be invalid, it
shall be accepted by | 14 | | the clerk and all provisionally accepted sets of
petitions | 15 | | setting forth the same (or substantially the same) proposition | 16 | | shall
be rejected by the clerk. If the first set of petitions | 17 | | for a proposition is
found not to be in proper form or is found | 18 | | to be invalid, the clerk shall (i)
reject the first set of
| 19 | | petitions, (ii) accept the first provisionally accepted set of | 20 | | petitions that
is in proper form and is not found to be | 21 | | invalid, and (iii) reject all other
provisionally accepted | 22 | | sets of
petitions setting forth the same (or substantially the | 23 | | same) proposition.
Notice of the filing of the petition
and | 24 | | the result of the election shall be given to the Secretary of | 25 | | State
at his offices in both, Chicago and Springfield, | 26 | | Illinois. A return of
the result of the election shall be made |
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| 1 | | to the clerk of the city,
village or incorporated town in which | 2 | | the precinct is located. If a
majority of the voters voting | 3 | | upon such proposition vote "YES", the sale
at retail of | 4 | | alcoholic liquor shall be prohibited in the precinct or at
the | 5 | | street address.
If the sale at retail of alcoholic liquor at a | 6 | | particular street address is prohibited pursuant to this | 7 | | Section, the license for any
establishment at that street | 8 | | address shall be void, and no person may apply
for a license | 9 | | for the
sale at retail of alcoholic liquor at an establishment | 10 | | at that
street address unless such
prohibition is discontinued | 11 | | pursuant to Section 9-10. | 12 | | In cities, villages and incorporated towns of 200,000 or | 13 | | less
population, as determined by the last preceding Federal | 14 | | census, the vote
upon the question of prohibiting the sale at | 15 | | retail of alcoholic liquor,
or alcoholic liquor other than | 16 | | beer containing not more than 4% of
alcohol by volume, or | 17 | | alcoholic liquor containing more than 4% of
alcohol by weight | 18 | | in the original package and not for consumption on the
| 19 | | premises, shall be by the voters of the political subdivision | 20 | | as a unit.
When any legal voters of such a city, village or | 21 | | incorporated town
desire to pass upon the question of whether | 22 | | the sale at retail of
alcoholic liquor shall be prohibited in | 23 | | the municipality, they shall, at
least 104 days before an | 24 | | election, file in the office of the clerk of the
municipality, | 25 | | a petition directed to the clerk, containing the
signatures of | 26 | | not less than 25% of the legal voters registered with the
board |
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| 1 | | of election commissioners or county clerk, as the case may be,
| 2 | | from the municipality.
The petition shall request that the | 3 | | proposition,
"Shall the sale at retail of alcoholic liquor be | 4 | | prohibited in....?" be
submitted to the voters of the | 5 | | municipality at the next ensuing election
at which the | 6 | | proposition may be voted upon. The submission of the
question | 7 | | to the voters of the municipality at such election shall be
| 8 | | mandatory when the petition has been filed in proper form with | 9 | | the
clerk. If more than one set of petitions are presented to | 10 | | the clerk for
submission at the same election, setting forth | 11 | | the same or different
propositions, the petition presented | 12 | | first shall be given preference and
the clerk shall refuse to | 13 | | accept any other set of petitions. Notice of
the filing of the | 14 | | petition and the result of the election shall be given
to the | 15 | | Secretary of State at his offices in both Chicago and
| 16 | | Springfield, Illinois. A return of the result of the election | 17 | | shall be
made to the clerk of the city, village or incorporated | 18 | | town. If a
majority of the voters voting upon the proposition | 19 | | vote "Yes", the sale
at retail of alcoholic liquor shall be | 20 | | prohibited in the municipality.
| 21 | | In the event a municipality does not vote to prohibit the | 22 | | sale at
retail of alcoholic liquor, the council or governing | 23 | | body shall
ascertain and determine what portions of the | 24 | | municipality are
predominantly residence districts. No license | 25 | | permitting the sale of
alcoholic liquors shall be issued by | 26 | | the local liquor commissioner or
licensing officer permitting |
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| 1 | | the sale of alcoholic liquors at any place
within the | 2 | | residence district so determined, unless the owner or owners
| 3 | | of at least two-thirds of the frontage, 200 feet in each | 4 | | direction along
the street and streets adjacent to the place | 5 | | of business for which a
license is sought, file with the local | 6 | | liquor commissioner or licensing
officer, his or their written | 7 | | consent to the use of such place for the
sale of alcoholic | 8 | | liquors.
| 9 | | In each township or road district lying outside the | 10 | | corporate limits
of a city, village or incorporated town, or | 11 | | in a part of a township or
road district lying partly within | 12 | | and partly outside a city, village or
incorporated town, the | 13 | | vote of such township, road district or part
thereof, shall be | 14 | | as a unit. When any legal voters of any such township,
or part | 15 | | thereof, in counties under township organization, or any legal
| 16 | | voters of such road district or part thereof, in counties not | 17 | | under
township organization, desire to vote upon the | 18 | | proposition as to whether
the sale at retail of alcoholic | 19 | | liquor shall be prohibited in such
township or road district | 20 | | or part thereof, they shall, at least 90 days
before an | 21 | | election, file in the office of the township or road district
| 22 | | clerk, of the township or road district within which the | 23 | | election is to
be held, a petition directed to the clerk and | 24 | | containing the signatures
of not less than 25% of the legal | 25 | | voters registered with the county
clerk from such township or | 26 | | road district or part thereof.
The submission of the question |
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| 1 | | to the voters of the township, road district
or part thereof, | 2 | | at the next ensuing election shall be mandatory when
the | 3 | | petition has been filed in proper form with the clerk. If more | 4 | | than
one set of petitions are presented to the clerk for | 5 | | submission at the
same election, setting forth the same or | 6 | | different propositions, the
petition presented first shall be | 7 | | given preference and the clerk shall
refuse to accept any | 8 | | other set of petitions. A return of the result of
such election | 9 | | shall be made to the clerk of the township or road
district in | 10 | | which the territory is situated, and shall also be made to
the | 11 | | Secretary of State at his offices in both Chicago and | 12 | | Springfield,
Illinois.
| 13 | | (Source: P.A. 96-1008, eff. 7-6-10.)
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