Full Text of HB2598 095th General Assembly
HB2598 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB2598
Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - Daniel J. Burke SYNOPSIS AS INTRODUCED: |
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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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HB2598 |
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LRB095 01212 KBJ 21214 b |
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| AN ACT concerning liquor.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Section 9-2 as follows:
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| (235 ILCS 5/9-2) (from Ch. 43, par. 167)
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| 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 90 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
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| 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
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| the precinct the petition shall contain the signatures of not | 22 |
| less than 40%
of the legal voters requested from that precinct.
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| The petition shall request that the proposition "Shall the sale |
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HB2598 |
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LRB095 01212 KBJ 21214 b |
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| at
retail of alcoholic liquor be prohibited in (or at) ....?" | 2 |
| be submitted to the
voters of the precinct at the next ensuing | 3 |
| election at which such
proposition may be voted upon. The | 4 |
| submission of the question to the
voters of such precinct at | 5 |
| such election shall be mandatory when the
petition has been | 6 |
| filed in proper form with the clerk. If more than one
set of | 7 |
| petitions are presented to the clerk for submission at the same
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| election, the petition
presented first shall be given
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| preference; however, the clerk shall provisionally accept any | 10 |
| other set of petitions setting forth the same (or
substantially | 11 |
| the same) proposition. If the first set of petitions for a
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| proposition is found to be in proper form and is not found to | 13 |
| be invalid, it
shall be accepted by the clerk and all | 14 |
| provisionally accepted sets of
petitions setting forth the same | 15 |
| (or substantially the same) proposition shall
be rejected by | 16 |
| the clerk. If the first set of petitions for a proposition is
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| found not to be in proper form or is found to be invalid, the | 18 |
| clerk shall (i)
reject the first set of
petitions, (ii) accept | 19 |
| the first provisionally accepted set of petitions that
is in | 20 |
| proper form and is not found to be invalid, and (iii) reject | 21 |
| all other
provisionally accepted sets of
petitions setting | 22 |
| forth the same (or substantially the same) proposition.
Notice | 23 |
| of the filing of the petition
and the result of the election | 24 |
| shall be given to the Secretary of State
at his offices in | 25 |
| both, Chicago and Springfield, Illinois. A return of
the result | 26 |
| of the election shall be made to the clerk of the city,
village |
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| or incorporated town in which the precinct is located. If a
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| majority of the voters voting upon such proposition vote "YES", | 3 |
| the sale
at retail of alcoholic liquor shall be prohibited in | 4 |
| the precinct or at
the street address.
If the sale at retail of | 5 |
| alcoholic liquor at a particular street address is prohibited | 6 |
| pursuant to this Section, the license for any
establishment at | 7 |
| that street address shall be void, and no person may apply
for | 8 |
| a license for the
sale at retail of alcoholic liquor at an | 9 |
| establishment at that
street address unless such
prohibition is | 10 |
| discontinued pursuant to Section 9-10. | 11 |
| In cities, villages and incorporated towns of 200,000 or | 12 |
| less
population, as determined by the last preceding Federal | 13 |
| census, the vote
upon the question of prohibiting the sale at | 14 |
| retail of alcoholic liquor,
or alcoholic liquor other than beer | 15 |
| containing not more than 4% of
alcohol by volume, or alcoholic | 16 |
| liquor containing more than 4% of
alcohol by weight in the | 17 |
| original package and not for consumption on the
premises, shall | 18 |
| be by the voters of the political subdivision as a unit.
When | 19 |
| any legal voters of such a city, village or incorporated town
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| desire to pass upon the question of whether the sale at retail | 21 |
| of
alcoholic liquor shall be prohibited in the municipality, | 22 |
| they shall, at
least 90 days before an election, file in the | 23 |
| office of the clerk of the
municipality, a petition directed to | 24 |
| the clerk, containing the
signatures of not less than 25% of | 25 |
| the legal voters registered with the
board of election | 26 |
| commissioners or county clerk, as the case may be,
from the |
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| municipality.
The petition shall request that the proposition,
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| "Shall the sale at retail of alcoholic liquor be prohibited | 3 |
| in....?" be
submitted to the voters of the municipality at the | 4 |
| next ensuing election
at which the proposition may be voted | 5 |
| upon. The submission of the
question to the voters of the | 6 |
| municipality at such election shall be
mandatory when the | 7 |
| petition has been filed in proper form with the
clerk. If more | 8 |
| than one set of petitions are presented to the clerk for
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| submission at the same election, setting forth the same or | 10 |
| different
propositions, the petition presented first shall be | 11 |
| given preference and
the clerk shall refuse to accept any other | 12 |
| set of petitions. Notice of
the filing of the petition and the | 13 |
| result of the election shall be given
to the Secretary of State | 14 |
| at his offices in both Chicago and
Springfield, Illinois. A | 15 |
| return of the result of the election shall be
made to the clerk | 16 |
| of the city, village or incorporated town. If a
majority of the | 17 |
| voters voting upon the proposition vote "Yes", the sale
at | 18 |
| retail of alcoholic liquor shall be prohibited in the | 19 |
| municipality.
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| In the event a municipality does not vote to prohibit the | 21 |
| sale at
retail of alcoholic liquor, the council or governing | 22 |
| body shall
ascertain and determine what portions of the | 23 |
| municipality are
predominantly residence districts. No license | 24 |
| permitting the sale of
alcoholic liquors shall be issued by the | 25 |
| local liquor commissioner or
licensing officer permitting the | 26 |
| sale of alcoholic liquors at any place
within the residence |
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| district so determined, unless the owner or owners
of at least | 2 |
| two-thirds of the frontage, 200 feet in each direction along
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| the street and streets adjacent to the place of business for | 4 |
| which a
license is sought, file with the local liquor | 5 |
| commissioner or licensing
officer, his or their written consent | 6 |
| to the use of such place for the
sale of alcoholic liquors.
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| In each township or road district lying outside the | 8 |
| corporate limits
of a city, village or incorporated town, or in | 9 |
| a part of a township or
road district lying partly within and | 10 |
| partly outside a city, village or
incorporated town, the vote | 11 |
| of such township, road district or part
thereof, shall be as a | 12 |
| unit. When any legal voters of any such township,
or part | 13 |
| thereof, in counties under township organization, or any legal
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| voters of such road district or part thereof, in counties not | 15 |
| under
township organization, desire to vote upon the | 16 |
| proposition as to whether
the sale at retail of alcoholic | 17 |
| liquor shall be prohibited in such
township or road district or | 18 |
| part thereof, they shall, at least 90 days
before an election, | 19 |
| file in the office of the township or road district
clerk, of | 20 |
| the township or road district within which the election is to
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| be held, a petition directed to the clerk and containing the | 22 |
| signatures
of not less than 25% of the legal voters registered | 23 |
| with the county
clerk from such township or road district or | 24 |
| part thereof.
The submission of the question to the voters of | 25 |
| the township, road district
or part thereof, at the next | 26 |
| ensuing election shall be mandatory when
the petition has been |
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LRB095 01212 KBJ 21214 b |
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| filed in proper form with the clerk. If more than
one set of | 2 |
| petitions are presented to the clerk for submission at the
same | 3 |
| election, setting forth the same or different propositions, the
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| petition presented first shall be given preference and the | 5 |
| clerk shall
refuse to accept any other set of petitions. A | 6 |
| return of the result of
such election shall be made to the | 7 |
| clerk of the township or road
district in which the territory | 8 |
| is situated, and shall also be made to
the Secretary of State | 9 |
| at his offices in both Chicago and Springfield,
Illinois.
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| (Source: P.A. 88-613, eff. 1-1-95.)
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