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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0601 Introduced 1/31/2019, by Sen. John J. Cullerton 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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| | SB0601 | | LRB101 04363 RPS 49371 b |
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| 1 | | AN ACT concerning liquor.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Liquor Control Act of 1934 is amended by |
| 5 | | changing Section 9-2 as follows:
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| 6 | | (235 ILCS 5/9-2) (from Ch. 43, par. 167)
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| 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
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| 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
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| 21 | | 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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| 23 | | The petition shall request that the proposition "Shall the sale |
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| | SB0601 | - 2 - | LRB101 04363 RPS 49371 b |
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| 1 | | 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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| 8 | | election, the petition
presented first shall be given
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| 9 | | 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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| 12 | | 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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| 17 | | 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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| | SB0601 | - 3 - | LRB101 04363 RPS 49371 b |
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| 1 | | or incorporated town in which the precinct is located. If a
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| 2 | | 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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| 20 | | 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 104 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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| | SB0601 | - 4 - | LRB101 04363 RPS 49371 b |
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| 1 | | municipality.
The petition shall request that the proposition,
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| 2 | | "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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| 9 | | 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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| 20 | | 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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| 1 | | 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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| 3 | | 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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| 7 | | 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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| 14 | | 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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| 21 | | 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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| | SB0601 | - 6 - | LRB101 04363 RPS 49371 b |
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| 1 | | 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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| 4 | | 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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| 10 | | (Source: P.A. 96-1008, eff. 7-6-10.)
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