Bill Text: IL HB1404 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Liquor Control Act of 1934. Makes a technical change in a Section concerning referenda on retail sales of alcoholic liquor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB1404 Detail]

Download: Illinois-2017-HB1404-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1404

Introduced , by Rep. Michael J. Madigan

SYNOPSIS AS INTRODUCED:
235 ILCS 5/9-2 from Ch. 43, par. 167

Amends the Liquor Control Act of 1934. Makes a technical change in a Section concerning referenda on retail sales of alcoholic liquor.
LRB100 03121 RPS 13126 b

A BILL FOR

HB1404LRB100 03121 RPS 13126 b
1 AN ACT concerning liquor.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5changing 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,
8village or incorporated town of more than 200,000 inhabitants,
9as determined by the the last preceding Federal census, desire
10to pass upon the question of whether the sale at retail of
11alcoholic liquor shall be prohibited in the precinct or at a
12particular street address within the precinct, they shall, at
13least 104 days before an election, file in the office of the
14clerk of such city, village or incorporated town, a petition
15directed to the clerk, containing the signatures of not less
16than 25% of the legal voters registered with the board of
17election commissioners or county clerk, as the case may be,
18from the precinct. Provided, however, that when the petition
19seeks to prohibit the sale at retail of alcoholic liquor at a
20particular street address of a licensed establishment within
21the precinct the petition shall contain the signatures of not
22less than 40% of the legal voters requested from that precinct.
23The petition shall request that the proposition "Shall the sale

HB1404- 2 -LRB100 03121 RPS 13126 b
1at retail of alcoholic liquor be prohibited in (or at) ....?"
2be submitted to the voters of the precinct at the next ensuing
3election at which such proposition may be voted upon. The
4submission of the question to the voters of such precinct at
5such election shall be mandatory when the petition has been
6filed in proper form with the clerk. If more than one set of
7petitions are presented to the clerk for submission at the same
8election, the petition presented first shall be given
9preference; however, the clerk shall provisionally accept any
10other set of petitions setting forth the same (or substantially
11the same) proposition. If the first set of petitions for a
12proposition is found to be in proper form and is not found to
13be invalid, it shall be accepted by the clerk and all
14provisionally accepted sets of petitions setting forth the same
15(or substantially the same) proposition shall be rejected by
16the clerk. If the first set of petitions for a proposition is
17found not to be in proper form or is found to be invalid, the
18clerk shall (i) reject the first set of petitions, (ii) accept
19the first provisionally accepted set of petitions that is in
20proper form and is not found to be invalid, and (iii) reject
21all other provisionally accepted sets of petitions setting
22forth the same (or substantially the same) proposition. Notice
23of the filing of the petition and the result of the election
24shall be given to the Secretary of State at his offices in
25both, Chicago and Springfield, Illinois. A return of the result
26of the election shall be made to the clerk of the city, village

HB1404- 3 -LRB100 03121 RPS 13126 b
1or incorporated town in which the precinct is located. If a
2majority of the voters voting upon such proposition vote "YES",
3the sale at retail of alcoholic liquor shall be prohibited in
4the precinct or at the street address. If the sale at retail of
5alcoholic liquor at a particular street address is prohibited
6pursuant to this Section, the license for any establishment at
7that street address shall be void, and no person may apply for
8a license for the sale at retail of alcoholic liquor at an
9establishment at that street address unless such prohibition is
10discontinued pursuant to Section 9-10.
11 In cities, villages and incorporated towns of 200,000 or
12less population, as determined by the last preceding Federal
13census, the vote upon the question of prohibiting the sale at
14retail of alcoholic liquor, or alcoholic liquor other than beer
15containing not more than 4% of alcohol by volume, or alcoholic
16liquor containing more than 4% of alcohol by weight in the
17original package and not for consumption on the premises, shall
18be by the voters of the political subdivision as a unit. When
19any legal voters of such a city, village or incorporated town
20desire to pass upon the question of whether the sale at retail
21of alcoholic liquor shall be prohibited in the municipality,
22they shall, at least 104 days before an election, file in the
23office of the clerk of the municipality, a petition directed to
24the clerk, containing the signatures of not less than 25% of
25the legal voters registered with the board of election
26commissioners or county clerk, as the case may be, from the

HB1404- 4 -LRB100 03121 RPS 13126 b
1municipality. The petition shall request that the proposition,
2"Shall the sale at retail of alcoholic liquor be prohibited
3in....?" be submitted to the voters of the municipality at the
4next ensuing election at which the proposition may be voted
5upon. The submission of the question to the voters of the
6municipality at such election shall be mandatory when the
7petition has been filed in proper form with the clerk. If more
8than one set of petitions are presented to the clerk for
9submission at the same election, setting forth the same or
10different propositions, the petition presented first shall be
11given preference and the clerk shall refuse to accept any other
12set of petitions. Notice of the filing of the petition and the
13result of the election shall be given to the Secretary of State
14at his offices in both Chicago and Springfield, Illinois. A
15return of the result of the election shall be made to the clerk
16of the city, village or incorporated town. If a majority of the
17voters voting upon the proposition vote "Yes", the sale at
18retail of alcoholic liquor shall be prohibited in the
19municipality.
20 In the event a municipality does not vote to prohibit the
21sale at retail of alcoholic liquor, the council or governing
22body shall ascertain and determine what portions of the
23municipality are predominantly residence districts. No license
24permitting the sale of alcoholic liquors shall be issued by the
25local liquor commissioner or licensing officer permitting the
26sale of alcoholic liquors at any place within the residence

HB1404- 5 -LRB100 03121 RPS 13126 b
1district so determined, unless the owner or owners of at least
2two-thirds of the frontage, 200 feet in each direction along
3the street and streets adjacent to the place of business for
4which a license is sought, file with the local liquor
5commissioner or licensing officer, his or their written consent
6to the use of such place for the sale of alcoholic liquors.
7 In each township or road district lying outside the
8corporate limits of a city, village or incorporated town, or in
9a part of a township or road district lying partly within and
10partly outside a city, village or incorporated town, the vote
11of such township, road district or part thereof, shall be as a
12unit. When any legal voters of any such township, or part
13thereof, in counties under township organization, or any legal
14voters of such road district or part thereof, in counties not
15under township organization, desire to vote upon the
16proposition as to whether the sale at retail of alcoholic
17liquor shall be prohibited in such township or road district or
18part thereof, they shall, at least 90 days before an election,
19file in the office of the township or road district clerk, of
20the township or road district within which the election is to
21be held, a petition directed to the clerk and containing the
22signatures of not less than 25% of the legal voters registered
23with the county clerk from such township or road district or
24part thereof. The submission of the question to the voters of
25the township, road district or part thereof, at the next
26ensuing election shall be mandatory when the petition has been

HB1404- 6 -LRB100 03121 RPS 13126 b
1filed in proper form with the clerk. If more than one set of
2petitions are presented to the clerk for submission at the same
3election, setting forth the same or different propositions, the
4petition presented first shall be given preference and the
5clerk shall refuse to accept any other set of petitions. A
6return of the result of such election shall be made to the
7clerk of the township or road district in which the territory
8is situated, and shall also be made to the Secretary of State
9at his offices in both Chicago and Springfield, Illinois.
10(Source: P.A. 96-1008, eff. 7-6-10.)
feedback