State of Illinois
92nd General Assembly
Legislation

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92_HB4325

 
                                               LRB9209131LDpr

 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  Sections  9-1, 9-2, 9-2a, 9-4, 9-6, 9-7, 9-8, 9-10,
 6    9-11, and 9-13 as follows:

 7        (235 ILCS 5/9-1) (from Ch. 43, par. 166)
 8        Sec. 9-1.  The words and phrases defined in this  section
 9    and  used  in  this  Article,  unless  inconsistent  with the
10    context, shall be construed as follows:
11        "Precinct"  means  any  part  of  a  city,   village   or
12    incorporated  town  of  over  200,000  population which was a
13    "voting precinct" or an "election precinct" for voting at the
14    last general election.
15        "Political subdivision" means a township, road  district,
16    city, village or incorporated town, as the case may be.
17        "Legal voter", insofar as the signing of a petition for a
18    local  option  election  is  concerned, means a person who is
19    registered  to  vote  at  the  address  shown  opposite   his
20    signature  on  the petition or was registered to vote at such
21    address when he signed the petition.
22        "Annexed area" means a territory which  has  attached  to
23    and  become  a  part  of a different political subdivision or
24    precinct. The term shall be an appropriate  designation  only
25    until  the  area  to  which  it  attaches  holds a referendum
26    hereunder.
27        "Disconnected area" means a territory which has  detached
28    or separated from a political subdivision or precinct.
29        "Licensed  establishment" means the premises specified in
30    a retailer's license pursuant to paragraph (d) of Section 5-1
31    and whose primary business is the sale of alcoholic beverages
 
                            -2-                LRB9209131LDpr
 1    on  the  premises,  which  premises  are   located   in   any
 2    municipality having more than 2,000,000 inhabitants.
 3        In  the  phrase,  "Shall  the sale at retail of alcoholic
 4    liquor (or alcoholic liquor other than  beer  containing  not
 5    more  than  4%  of  alcohol  by  weight) (or alcoholic liquor
 6    containing more than 4% of alcohol by weight  except  in  the
 7    original  package and not for consumption on the premises) be
 8    prohibited in (or at) ....?" the proper name,  whether  of  a
 9    "township", "road district", "precinct", "city", "village" or
10    "incorporated  town",  or  the street address of the licensed
11    establishment, shall be understood  to  be  inserted  in  the
12    blank,  and the same shall be inserted in the petitions filed
13    by and the ballots prepared for the voters of  any  precinct,
14    township, road district, city, village or incorporated town.
15        "Clerk",   with   reference   to   cities,  villages  and
16    incorporated towns, and precinct situated therein, means  the
17    town,  city  or  village  clerk,  as  the  case  may be; with
18    reference to cities, villages and  incorporated  towns  which
19    have  by ordinance created a Board of Election Commissioners,
20    it means the Board of Election Commissioners; with  reference
21    to   road   districts   in   counties   not   under  township
22    organization,  it  means  the  road  district   clerk;   with
23    reference to townships or parts of townships lying outside of
24    cities,  villages  and  incorporated  towns in counties under
25    township organization, it means the township clerk.
26        "Election" as used in reference to cities,  villages  and
27    incorporated  towns, means an election at a time fixed by the
28    general  election  law  for   choosing   city,   village   or
29    incorporated town officers. "Election" also means an election
30    at  a  time  fixed  by  the general election law for choosing
31    county, township or road district officers.
32        In case an election is to be held  for  officers  of  the
33    city,  village, incorporated town, township, or road district
34    to which a proposition requested  pursuant  to  this  Article
 
                            -3-                LRB9209131LDpr
 1    shall  be  submitted,  or  for  the election of officers of a
 2    township or road district in which it is requested that  such
 3    proposition  be  submitted to that part of a township or road
 4    district lying  outside  the  corporate  limits  of  a  city,
 5    village  or incorporated town, not less than 90 days nor more
 6    than 6 months following the filing of such petition, then the
 7    words "next ensuing election" as used herein shall  mean  the
 8    next  ensuing  election  for  officers of such city, village,
 9    incorporated town, township or road district,  regardless  of
10    any  intervening  elections  at which residents of such city,
11    village, incorporated town, township  or  road  district  may
12    vote.
13    (Source: P.A. 86-861; 87-347.)

14        (235 ILCS 5/9-2) (from Ch. 43, par. 167)
15        Sec.  9-2.   When  any  legal voters of a precinct in any
16    city, village or  incorporated  town  of  more  than  200,000
17    inhabitants,  as  determined  by  the  last preceding Federal
18    census, desire to pass upon the question of whether the  sale
19    at  retail  of  alcoholic  liquor  shall be prohibited in the
20    precinct  or  at  a  particular  street  address  within  the
21    precinct, they shall, at least 90 days  before  an  election,
22    file  in  the  office  of  the clerk of such city, village or
23    incorporated  town,  a  petition  directed  to   the   clerk,
24    containing  the  signatures of not less than 25% of the legal
25    voters registered with the board of election commissioners or
26    county  clerk,  as  the  case  may  be,  from  the  precinct.
27    Provided, however, that when the petition seeks  to  prohibit
28    the sale at retail of alcoholic liquor at a particular street
29    address  of  a licensed establishment within the precinct the
30    petition shall contain the signatures of not less than 40% of
31    the legal voters requested from that precinct.  The  petition
32    shall  request that the proposition "Shall the sale at retail
33    of alcoholic liquor  be  prohibited  in  (or  at)  ....?"  be
 
                            -4-                LRB9209131LDpr
 1    submitted  to  the voters of the precinct at the next ensuing
 2    election at which such proposition may  be  voted  upon.  The
 3    submission  of the question to the voters of such precinct at
 4    such election shall be mandatory when the petition  has  been
 5    filed in proper form with the clerk.  If more than one set of
 6    petitions  are  presented  to the clerk for submission at the
 7    same election, the petition presented first  shall  be  given
 8    preference; however, the clerk shall provisionally accept any
 9    other   set   of   petitions   setting  forth  the  same  (or
10    substantially the same) proposition.  If  the  first  set  of
11    petitions for a proposition is found to be in proper form and
12    is not found to be invalid, it shall be accepted by the clerk
13    and  all  provisionally  accepted  sets  of petitions setting
14    forth the same (or substantially the same) proposition  shall
15    be  rejected by the clerk.  If the first set of petitions for
16    a proposition is found not to be in proper form or  is  found
17    to  be  invalid,  the clerk shall (i) reject the first set of
18    petitions, (ii) accept the first provisionally  accepted  set
19    of  petitions  that  is in proper form and is not found to be
20    invalid, and (iii) reject all  other  provisionally  accepted
21    sets  of  petitions  setting forth the same (or substantially
22    the same) proposition. Notice of the filing of  the  petition
23    and  the  result  of  the  election  shall  be  given  to the
24    Secretary of State  at  his  offices  in  both,  Chicago  and
25    Springfield, Illinois. A return of the result of the election
26    shall   be  made  to  the  clerk  of  the  city,  village  or
27    incorporated town in which the  precinct  is  located.  If  a
28    majority  of  the  voters  voting  upon such proposition vote
29    "YES", the sale  at  retail  of  alcoholic  liquor  shall  be
30    prohibited  in  the precinct or at the street address. If the
31    sale at retail of alcoholic liquor  at  a  particular  street
32    address  is  prohibited pursuant to this Section, the license
33    for any establishment at that street address shall  be  void,
34    and  no person may apply for a license for the sale at retail
 
                            -5-                LRB9209131LDpr
 1    of alcoholic  liquor  at  an  establishment  at  that  street
 2    address  unless  such prohibition is discontinued pursuant to
 3    Section 9-10.
 4        In cities, villages and incorporated towns of 200,000  or
 5    less  population, as determined by the last preceding Federal
 6    census, the vote upon the question of prohibiting the sale at
 7    retail of alcoholic liquor, or alcoholic  liquor  other  than
 8    beer  containing  not  more  than 4% of alcohol by volume, or
 9    alcoholic liquor containing more than 4% of alcohol by weight
10    in the original  package  and  not  for  consumption  on  the
11    premises, shall be by the voters of the political subdivision
12    as  a  unit. When any legal voters of such a city, village or
13    incorporated town desire to pass upon the question of whether
14    the sale at retail of alcoholic liquor shall be prohibited in
15    the municipality, they shall, at  least  90  days  before  an
16    election,   file   in   the   office  of  the  clerk  of  the
17    municipality, a petition directed to  the  clerk,  containing
18    the  signatures  of  not  less  than  25% of the legal voters
19    registered with the board of election commissioners or county
20    clerk, as  the  case  may  be,  from  the  municipality.  The
21    petition  shall request that the proposition, "Shall the sale
22    at retail of  alcoholic  liquor  be  prohibited  in....?"  be
23    submitted  to  the  voters  of  the  municipality at the next
24    ensuing election at which the proposition may be voted  upon.
25    The   submission  of  the  question  to  the  voters  of  the
26    municipality at such election shall  be  mandatory  when  the
27    petition  has  been  filed in proper form with the clerk.  If
28    more than one set of petitions are presented to the clerk for
29    submission at the same election, setting forth  the  same  or
30    different propositions, the petition presented first shall be
31    given  preference  and  the  clerk shall refuse to accept any
32    other set of petitions.  Notice of the filing of the petition
33    and the  result  of  the  election  shall  be  given  to  the
34    Secretary  of  State  at  his  offices  in  both  Chicago and
 
                            -6-                LRB9209131LDpr
 1    Springfield, Illinois. A return of the result of the election
 2    shall  be  made  to  the  clerk  of  the  city,  village   or
 3    incorporated  town.  If  a majority of the voters voting upon
 4    the proposition vote "Yes", the sale at retail  of  alcoholic
 5    liquor shall be prohibited in the municipality.
 6        In the event a municipality does not vote to prohibit the
 7    sale  at retail of alcoholic liquor, the council or governing
 8    body shall ascertain  and  determine  what  portions  of  the
 9    municipality   are   predominantly  residence  districts.  No
10    license permitting the sale of  alcoholic  liquors  shall  be
11    issued  by the local liquor commissioner or licensing officer
12    permitting the sale of alcoholic liquors at any place  within
13    the  residence  district  so  determined, unless the owner or
14    owners of at least two-thirds of the frontage,  200  feet  in
15    each  direction  along the street and streets adjacent to the
16    place of business for which a license is  sought,  file  with
17    the  local  liquor  commissioner or licensing officer, his or
18    their written consent to the use of such place for  the  sale
19    of alcoholic liquors.
20        In  each  township  or  road  district  lying outside the
21    corporate limits of a city, village or incorporated town,  or
22    in  a part of a township or road district lying partly within
23    and partly outside a city, village or incorporated town,  the
24    vote  of  such township, road district or part thereof, shall
25    be as a unit. When any legal voters of any such township,  or
26    part thereof, in counties under township organization, or any
27    legal  voters  of  such  road  district  or  part thereof, in
28    counties not under township organization, desire to vote upon
29    the proposition as to whether the sale at retail of alcoholic
30    liquor shall be prohibited in such township or road  district
31    or  part  thereof,  they  shall,  at  least 90 days before an
32    election, file in the office of the township or road district
33    clerk, of the township or  road  district  within  which  the
34    election  is to be held, a petition directed to the clerk and
 
                            -7-                LRB9209131LDpr
 1    containing the signatures of not less than 25% of  the  legal
 2    voters registered with the county clerk from such township or
 3    road district or part thereof. The submission of the question
 4    to the voters of the township, road district or part thereof,
 5    at  the  next  ensuing  election  shall be mandatory when the
 6    petition has been filed in proper form with  the  clerk.   If
 7    more than one set of petitions are presented to the clerk for
 8    submission  at  the  same election, setting forth the same or
 9    different propositions, the petition presented first shall be
10    given preference and the clerk shall  refuse  to  accept  any
11    other  set  of  petitions.   A  return  of the result of such
12    election shall be made to the clerk of the township  or  road
13    district  in  which the territory is situated, and shall also
14    be made to the Secretary of State  at  his  offices  in  both
15    Chicago and Springfield, Illinois.
16    (Source: P.A. 88-613, eff. 1-1-95.)

17        (235 ILCS 5/9-2a) (from Ch. 43, par. 167a)
18        Sec.  9-2a.   Sports  Facilities.   Any  vote  under this
19    Article, whenever  held,  to  prohibit  sales  at  retail  of
20    alcoholic  liquor  (or  alcoholic  liquor  other  than liquor
21    containing not more than  4%  of  alcohol  by  weight)  in  a
22    precinct in a city, village or incorporated town of more than
23    200,000  inhabitants shall not apply to such sales at any new
24    sports facility owned by any unit  of  local  government  and
25    constructed  after  July  7,  1988,  or  at  any  new stadium
26    described in subsection (a) of Section 10-215 of the Property
27    Tax Code, or to a sports stadium having more than 15,000  but
28    less  than  50,000 seats in any municipality having more than
29    2,000,000 inhabitants, and such sales shall not be prohibited
30    pursuant to any vote of the legal voters in such a  precinct.
31    It  is  declared  to  be  the  law of this State, pursuant to
32    subsections (h) and (i) of Section 6 of Article  VII  of  the
33    Illinois Constitution of 1970 that the power to determine the
 
                            -8-                LRB9209131LDpr
 1    application  of any local referendum with respect to sales of
 2    alcoholic liquors  as  provided  herein  is  an  exercise  of
 3    exclusive  State  power and may not be exercised concurrently
 4    by any unit of local government, including home rule units.
 5    (Source: P.A. 88-670, eff. 12-2-94.)

 6        (235 ILCS 5/9-4) (from Ch. 43, par. 169)
 7        Sec. 9-4.  A petition for submission of  the  proposition
 8    shall be in substantially the following form:
 9        To  the  ....  clerk of the (here insert the corporate or
10    legal name of the  county,  township,  road  district,  city,
11    village or incorporated town):
12        The  undersigned,  residents and legal voters of the ....
13    (insert  the  legal  name  or  correct  designation  of   the
14    political  subdivision  or  precinct,  as  the  case may be),
15    respectfully petition that you cause to be submitted, in  the
16    manner  provided  by  law, to the voters thereof, at the next
17    election, the  proposition  "Shall  the  sale  at  retail  of
18    alcoholic   liquor  (or  alcoholic  liquor  other  than  beer
19    containing not  more  than  4%  of  alcohol  by  weight)  (or
20    alcoholic liquor containing more than 4% of alcohol by weight
21    except in the original package and not for consumption on the
22    premises)  be  prohibited  in  this .... (or at the following
23    address ....)?"
24    -------------------------------------------------------------
25     Name of   P. O. address   Description of precinct  Date of
26     signer    (including      township, road district  signing
27               street no.,     or part thereof, as of
28               if any).        the last general
29                               election
30    -------------------------------------------------------------
31        A petition for a  proposition  to  be  submitted  to  the
32    voters of a precinct shall also contain in plain and nonlegal
33    language   a   description  of  the  precinct  to  which  the
 
                            -9-                LRB9209131LDpr
 1    proposition  is  to  be  submitted  at  the   election.   The
 2    description  shall  describe the territory of the precinct by
 3    reference  to  streets,  natural  or  artificial   landmarks,
 4    addresses,  or by any other method which would enable a voter
 5    signing such petition to be informed of the territory of  the
 6    precinct.  Each such petition for a precinct referendum shall
 7    also  contain  a  list  of  the  names  and  addresses of all
 8    licensees in the precinct.
 9        Such petition shall conform to the  requirements  of  the
10    general  election law, as to form and signature requirements.
11    The circulator's statement shall include an  attestation  of:
12    (1)  that  none of the signatures on this petition sheet were
13    signed more than 4 months before the filing of this petition,
14    or  (2)  the  dates  on  which  the  petitioners  signed  the
15    petition, and shall be sworn to before an officer residing in
16    the county where such legal voters reside and  authorized  to
17    administer  oaths  therein.   No  signature  shall be revoked
18    except by a revocation filed within 20 days from  the  filing
19    of  the  petition  with  the  clerk with whom the petition is
20    required to be filed. Upon  request  of  any  citizen  for  a
21    photostatic  copy  of the petition and paying or tendering to
22    the clerk the costs of making the photostatic copy, the clerk
23    shall immediately make, or cause to  be  made  a  photostatic
24    copy  of  such petition. The clerk shall also deliver to such
25    person, his official certification that such copy is  a  true
26    copy  of the original, stating the day when such original was
27    filed in his office.  Any 5  legal  voters  or  any  affected
28    licensee  of  any political subdivision, district or precinct
29    in which a proposed election is about to be held as  provided
30    for  in  this  Act, within any time up to 30 days immediately
31    prior to the date of such proposed election and upon filing a
32    bond for costs, may contest the validity of the petitions for
33    such election by filing a verified petition  in  the  Circuit
34    Court  for  the  county  in  which the political subdivision,
 
                            -10-               LRB9209131LDpr
 1    district or precinct is situated, setting forth  the  grounds
 2    for  contesting  the  validity  of  such  petitions. Upon the
 3    filing of the petition, a summons  shall  be  issued  by  the
 4    Court,  addressed  to  the  appropriate  city, village, town,
 5    township or road district clerk, notifying the clerk  of  the
 6    filing of the petition and directing him to appear before the
 7    Court  on  behalf of the political subdivision or district at
 8    the time named in the summons; provided, the time  shall  not
 9    be less than 5 days nor more than 15 days after the filing of
10    the  petition. The procedure in these cases, as far as may be
11    applicable, shall be  the  same  as  that  provided  for  the
12    objections  to  petitions  in the general election law.   Any
13    legal voter in the political subdivision or precinct in which
14    such election is to be  held  may  appear  in  person  or  by
15    counsel, in any such contest to defend or oppose the validity
16    of the petition for election.
17        The  municipal, town or road district clerk shall certify
18    the proposition to  be  submitted  at  the  election  to  the
19    appropriate   election  officials,  in  accordance  with  the
20    general election law, unless the petition has been determined
21    to be invalid. If the court determines the  petitions  to  be
22    invalid  subsequent  to  the  certification by the clerk, the
23    court's order shall be transmitted to the election  officials
24    and shall nullify such certification.
25    (Source: P.A. 86-861; 87-347.)

26        (235 ILCS 5/9-6) (from Ch. 43, par. 171)
27        Sec.  9-6.  The proposition shall be in substantially the
28    following form:
29    -------------------------------------------------------------
30        Shall the sale at retail of
31    alcoholic  liquor  (or alcoholic
32    liquor other than beer containing             YES
33    not more than 4% of alcohol by
 
                            -11-               LRB9209131LDpr
 1    weight) (or alcoholic liquor               ------------------
 2    containing more than 4% alcohol by
 3    weight in the original package
 4    and not for consumption on the                NO
 5    premises) be prohibited in (or at) ....?
 6    -------------------------------------------------------------
 7        In a precinct referendum, the  proposition  ballot  shall
 8    also  contain  a  common description of the precinct in plain
 9    and nonlegal language, which may be prepared by the  election
10    official  or  adopted  from  the description on the petition,
11    unless the election official responsible for  conducting  the
12    election  determines  that  a  description cannot be included
13    within the space limitations on the ballot to be used in  the
14    election.   If  the  description is not to be included on the
15    ballot, the election officials shall  prepare  large  printed
16    copies  of  the  description  of the precinct together with a
17    notice  of  the  proposition  which  shall   be   prominently
18    displayed in the precinct polling place at the election.
19    (Source: P.A. 86-861.)

20        (235 ILCS 5/9-7) (from Ch. 43, par. 172)
21        Sec.  9-7.   The clerk shall record in a well bound book,
22    to be kept in his office by himself and  his  successor,  the
23    result  of  the  vote upon the proposition. The result of the
24    vote may be proved in all courts and in  all  proceedings  by
25    this record or by the official certification of the clerk. In
26    cases where the record or certification shows that a majority
27    of  the  voters  voting upon the proposition voted "YES", the
28    record or certification shall be prima  facie  evidence  that
29    the  sale at retail of alcoholic liquor or the sale at retail
30    of alcoholic liquor other than beer containing not more  than
31    4%  of  alcohol  by weight or the sale at retail of alcoholic
32    liquor containing more than 4% of alcohol by weight except in
33    the original package and not for consumption on the premises,
 
                            -12-               LRB9209131LDpr
 1    as  the  case  may  be,  is  prohibited  in   the   political
 2    subdivision  or  precinct or at the licensed establishment to
 3    which such vote was applicable.
 4    (Source: P.A. 86-861.)

 5        (235 ILCS 5/9-8) (from Ch. 43, par. 173)
 6        Sec. 9-8.  The status of all  the  territory  within  any
 7    political  subdivision  or  precinct, relative to the sale at
 8    retail  of  alcoholic  liquor,  or  the  sale  at  retail  of
 9    alcoholic liquor other than beer containing not more than  4%
10    of  alcohol  by  weight,  or  the sale at retail of alcoholic
11    liquor containing more than 4% of alcohol by weight except in
12    the original package and not for consumption on the premises,
13    as the case may be, shall remain  the  same,  notwithstanding
14    any  change  which  may  be  made  in  the limits of any such
15    political subdivision or precinct until  the  voters  thereof
16    have  changed such status as to annexed or disconnected areas
17    under the provisions of Section 9-9 of this Article, or until
18    the voters have changed such  status  for  areas  other  than
19    annexed or disconnected areas under the provisions of Section
20    9-2 or Section 9-10.
21    (Source: P.A. 84-716.)

22        (235 ILCS 5/9-9) (from Ch. 43, par. 173.1)
23        Sec.  9-9.  The status of an annexed area or disconnected
24    area, relative to the sale  at  retail  of  alcoholic  liquor
25    pursuant  to Section 9-8, shall remain the same until changed
26    in accordance with the following provisions:
27        (a)  Upon the filing, in the office of the clerk  of  the
28    political  subdivision  or precinct of which the annexed area
29    or disconnected area becomes a part, of a  petition  directed
30    to such clerk, containing the signatures of not less than 25%
31    of  the legal voters residing in such annexed or disconnected
32    area, to submit to the  voters  thereof  the  proposition  to
 
                            -13-               LRB9209131LDpr
 1    continue  its  current  status,  the clerk shall certify that
 2    proposition to  the  proper  election  officials,  who  shall
 3    submit  the  proposition  to  the  voters  of  the annexed or
 4    disconnected area at  an  election  in  accordance  with  the
 5    general  election  law. The petition shall be supported by an
 6    affidavit made by one or more of the petitioners and  stating
 7    that  the signatures represent not less than 25% of the legal
 8    voters residing in the  annexed  or  disconnected  area.  The
 9    provisions  in Sections 9-1, 9-2, 9-4, 9-5, 9-6 and 9-7 shall
10    apply except where they conflict with this Section, in  which
11    event  the  provisions  of  this  Section shall control. If a
12    majority of the voters voting upon such  proposition  in  any
13    such  annexed  or  disconnected  area  vote "NO", the current
14    status shall cease in that area; or
15        (b)  Upon the filing in the office of the  clerk  of  the
16    political   subdivision   of   which   the  annexed  area  or
17    disconnected area becomes a part of a  petition  directed  to
18    such clerk containing the signatures of not less than 66 2/3%
19    of   all   the  legal  voters  residing  in  the  annexed  or
20    disconnected area to change the status  in  that  annexed  or
21    disconnected area relative to the sale at retail of alcoholic
22    liquor by either:
23             (1)  discontinuing any existing prohibition, or
24             (2)  prohibiting  the  sale  at  retail of alcoholic
25        liquor, or
26             (3)  prohibiting the sale  at  retail  of  alcoholic
27        liquor  other  than  beer  containing not more than 4% of
28        alcohol by weight, or
29             (4)  prohibiting the sale  at  retail  of  alcoholic
30        liquor  containing  more  than  4%  of  alcohol by weight
31        except in the original package and not for consumption on
32        the  premises,  the  requirements  for  an  election   in
33        subsection (a) above shall be waived.
34    The  requirement  of  Section 9-4 regarding verification of a
 
                            -14-               LRB9209131LDpr
 1    petition shall apply to this petition. Thirty days  following
 2    the  filing  of  such  petition,  the  requested  status,  as
 3    specified  in  such  petition,  shall become effective in the
 4    annexed or  disconnected  area,  unless  within  the  30  day
 5    period,  written  verified  objections by a voter residing in
 6    the annexed or disconnected area are filed  with  the  clerk.
 7    The  objections  shall  be  limited  to  an  attack  upon the
 8    validity of the petition and its execution.  In  such  event,
 9    the clerk shall forthwith submit to the Circuit Court for the
10    county  in  which  the  area  is  located,  the  petition and
11    objections thereto. A hearing shall be held thereon within 30
12    days after the petition and objections  are  filed  with  the
13    court.  If  the  court  finds  that the petition is valid and
14    properly executed, the court shall  enter  an  order  finding
15    that  the  petition is valid. Thereupon, the requested status
16    shall be effective. If the court finds that the  petition  is
17    not valid, the petition shall be dismissed.
18        (c)  A vote under subsection (a) above or the filing of a
19    valid  petition  under subsection (b) above shall bar further
20    proceedings under this Section for 47 months thereafter.
21    (Source: P.A. 82-783.)

22        (235 ILCS 5/9-10) (from Ch. 43, par. 174)
23        Sec. 9-10.  Upon the filing in the office of  the  clerk,
24    at  least  90  days  before  an  election  in  any  political
25    subdivision  or  precinct,  as the case may be, of a petition
26    directed to such clerk, containing the signatures of not less
27    than 25% or 40% of the legal voters of  the  territory  which
28    has  prohibited the sale at retail of alcoholic liquor or the
29    sale at retail of alcoholic liquor other than beer containing
30    not more than 4% of alcohol by weight or the sale  at  retail
31    of  alcoholic  liquor  containing  more than 4% of alcohol by
32    weight except in the original package and not for consumption
33    on the  premises,  or  a  petition  directed  to  such  clerk
 
                            -15-               LRB9209131LDpr
 1    containing  the  signatures of not less than 25% of the legal
 2    voters of a  municipality  within  which  such  territory  is
 3    located,  to  submit to the voters thereof the proposition to
 4    continue such  prohibition,  the  clerk  shall  certify  such
 5    proposition  to  the  proper  election  officials,  who shall
 6    submit the proposition at such election to the voters of such
 7    political subdivision or precinct. Where such proposition  is
 8    submitted  pursuant to a petition signed by not less than 25%
 9    of the legal voters  of  a  municipality  within  which  such
10    territory   is  located,  the  legal  voters  of  the  entire
11    municipality may vote on the proposition. For the purposes of
12    this Section, the number of legal voters  shall  be  computed
13    upon  the  same  basis  as is provided in Section 9-2 for the
14    filing of a  petition  for  referendum  on  the  question  of
15    whether  the  sale  at  retail  of  alcoholic liquor shall be
16    prohibited. So far as applicable, the provisions of  Sections
17    9-1,  9-4,  9-5,  9-6  and  9-7 shall apply.  The proposition
18    shall be in the following form:
19    -------------------------------------------------------------
20    Shall the prohibition of the sale
21    at retail of alcoholic liquor (or
22    alcoholic liquor other than beer        YES
23    containing not more than 4% of
24    alcohol by weight) or (alcoholic     ------------------------
25    liquor containing more than 4% of
26    alcohol by weight in the original        NO
27    package and not for consumption
28    on the premises) be continued
29    in (or at) .................?
30    -------------------------------------------------------------
31    In a precinct referendum, the referendum  ballot  shall  also
32    contain  a  common  description  of the precinct in plain and
33    nonlegal language, which may  be  prepared  by  the  election
34    official  or  adopted  from  the description on the petition,
 
                            -16-               LRB9209131LDpr
 1    unless the election official responsible for  conducting  the
 2    election  determines  that  a  description cannot be included
 3    within the space limitations on the ballots to be used in the
 4    election.  If the description is not to be  included  on  the
 5    ballot,  the  clerk shall prepare large printed copies of the
 6    description of the precinct together with  a  notice  of  the
 7    proposition  which  shall  be  prominently  displayed  in the
 8    precinct polling place at the election.  If a majority of the
 9    voters voting upon such last  mentioned  proposition  in  any
10    such  political  subdivision  or  precinct  vote  "NO",  such
11    prohibition  shall  cease  in  such  political subdivision or
12    precinct or at the  applicable  licensed  establishment;  and
13    where  such  political  subdivision  or  precinct  is a city,
14    village or incorporated town situated wholly or partly within
15    the boundaries of  a  township  or  road  district  having  a
16    similar  prohibition,  a  majority  vote of the voters voting
17    "NO" upon such proposition as above described will result  in
18    the  prohibition ceasing in that part of the township or road
19    district situated within such city, village  or  incorporated
20    town.    In  the  event  the  boundaries  of  such  political
21    subdivision or precinct have been altered or the  numbers  of
22    any  precincts  have  been changed subsequent to the original
23    election making the territory prohibited territory and  prior
24    to  the  filing  of  such  petition  for  resubmission of the
25    question,  only  those  voters  actually  residing   in   the
26    prohibited  territory  shall  be  eligible as signers of such
27    resubmission petition, except that this limitation shall  not
28    apply  in  the  case  of a resubmission petition signed by at
29    least 25% of the legal voters of a municipality in which  the
30    prohibited  territory  is  located. The petition mentioned in
31    this Section shall be a public document and shall be  subject
32    to inspection by the public.
33    (Source: P.A. 86-861.)
 
                            -17-               LRB9209131LDpr
 1        (235 ILCS 5/9-11) (from Ch. 43, par. 175)
 2        Sec.  9-11.   A  vote under the provisions of this Act in
 3    and for any political subdivision  or  precinct  or  licensed
 4    establishment  upon  the  proposition to prohibit the sale at
 5    retail of alcoholic liquor or to prohibit the sale at  retail
 6    of  alcoholic liquor other than beer containing not more than
 7    4% of alcohol by weight or to prohibit the sale at retail  of
 8    alcoholic liquor containing more than 4% of alcohol by weight
 9    except in the original package and not for consumption on the
10    premises  or in and for any political subdivision or precinct
11    upon the proposition to continue  any  of  such  prohibitions
12    shall be a bar to the submission to the voters thereof of any
13    of  such  propositions  as applied to all or any part of that
14    political subdivision or precinct for 47 months thereafter.
15    (Source: P.A. 86-861.)

16        (235 ILCS 5/9-13) (from Ch. 43, par. 176)
17        Sec. 9-13.  It is unlawful to sell  alcoholic  liquor  at
18    retail  or  to  grant  or  issue,  or  cause to be granted or
19    issued, any license to sell alcoholic liquor at retail within
20    the limits of any political subdivision or precinct or at any
21    premises while the  prohibition  against  such  sales  is  in
22    effect, or to sell at retail alcoholic liquor other than beer
23    containing not more than 4% of alcohol by weight, or to grant
24    or  issue  or  cause  to  be granted any license to sell such
25    alcoholic  liquor  at  retail  within  the  limits  of   such
26    political  subdivision  or  precinct  while  the  prohibition
27    against  such  sales  is  in  effect,  or  to  sell at retail
28    alcoholic liquor containing more than 4% of alcohol by weight
29    except in the original package and not for consumption on the
30    premises, or to grant or issue or  cause  to  be  granted  or
31    issued  any  license  to sell such alcoholic liquor at retail
32    within the limits of such political subdivision  or  precinct
33    while the prohibition against such sales is in effect. If any
 
                            -18-               LRB9209131LDpr
 1    such  license  be  granted  or  issued  in  violation of this
 2    Section, the license shall be void.  This section  shall  not
 3    prohibit the issuance of and operation under a manufacturer's
 4    or   distributor's  or  importing  distributor's  license  in
 5    accordance with law.
 6    (Source: P.A. 86-861.)

 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.

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