Bill Text: IL HB1296 | 2019-2020 | 101st General Assembly | Introduced

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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 - Dead) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB1296 Detail]

Download: Illinois-2019-HB1296-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB1296 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.
LRB101 03512 RPS 48520 b
A BILL FOR
HB1296 LRB101 03512 RPS 48520 b
AN ACT concerning liquor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Section 9-2 as follows:
(235 ILCS 5/9-2) (from Ch. 43, par. 167)
Sec. 9-2. When any legal voters of a precinct in any city,
village or incorporated town of more than 200,000 inhabitants,
as determined by the the last preceding Federal census, desire
to pass upon the question of whether the sale at retail of
alcoholic liquor shall be prohibited in the precinct or at a
particular street address within the precinct, they shall, at
least 104 days before an election, file in the office of the
clerk of such city, village or incorporated town, a petition
directed to the clerk, containing the signatures of not less
than 25% of the legal voters registered with the board of
election commissioners or county clerk, as the case may be,
from the precinct. Provided, however, that when the petition
seeks to prohibit the sale at retail of alcoholic liquor at a
particular street address of a licensed establishment within
the precinct the petition shall contain the signatures of not
less than 40% of the legal voters requested from that precinct.
The petition shall request that the proposition "Shall the sale

HB1296 - 2 - LRB101 03512 RPS 48520 b
at retail of alcoholic liquor be prohibited in (or at) ....?"
be submitted to the voters of the precinct at the next ensuing
election at which such proposition may be voted upon. The
submission of the question to the voters of such precinct at
such election shall be mandatory when the petition has been
filed in proper form with the clerk. If more than one set of
petitions are presented to the clerk for submission at the same
election, the petition presented first shall be given
preference; however, the clerk shall provisionally accept any
other set of petitions setting forth the same (or substantially
the same) proposition. If the first set of petitions for a
proposition is found to be in proper form and is not found to
be invalid, it shall be accepted by the clerk and all
provisionally accepted sets of petitions setting forth the same
(or substantially the same) proposition shall be rejected by
the clerk. If the first set of petitions for a proposition is
found not to be in proper form or is found to be invalid, the
clerk shall (i) reject the first set of petitions, (ii) accept
the first provisionally accepted set of petitions that is in
proper form and is not found to be invalid, and (iii) reject
all other provisionally accepted sets of petitions setting
forth the same (or substantially the same) proposition. Notice
of the filing of the petition and the result of the election
shall be given to the Secretary of State at his offices in
both, Chicago and Springfield, Illinois. A return of the result
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
majority of the voters voting upon such proposition vote "YES",
the sale at retail of alcoholic liquor shall be prohibited in
the precinct or at the street address. If the sale at retail of
alcoholic liquor at a particular street address is prohibited
pursuant to this Section, the license for any establishment at
that street address shall be void, and no person may apply for
a license for the sale at retail of alcoholic liquor at an
establishment at that street address unless such prohibition is
discontinued pursuant to Section 9-10.
In cities, villages and incorporated towns of 200,000 or
less population, as determined by the last preceding Federal
census, the vote upon the question of prohibiting the sale at
retail of alcoholic liquor, or alcoholic liquor other than beer
containing not more than 4% of alcohol by volume, or alcoholic
liquor containing more than 4% of alcohol by weight in the
original package and not for consumption on the premises, shall
be by the voters of the political subdivision as a unit. When
any legal voters of such a city, village or incorporated town
desire to pass upon the question of whether the sale at retail
of alcoholic liquor shall be prohibited in the municipality,
they shall, at least 104 days before an election, file in the
office of the clerk of the municipality, a petition directed to
the clerk, containing the signatures of not less than 25% of
the legal voters registered with the board of election
commissioners or county clerk, as the case may be, from the

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municipality. The petition shall request that the proposition,
"Shall the sale at retail of alcoholic liquor be prohibited
in....?" be submitted to the voters of the municipality at the
next ensuing election at which the proposition may be voted
upon. The submission of the question to the voters of the
municipality at such election shall be mandatory when the
petition has been filed in proper form with the clerk. If more
than one set of petitions are presented to the clerk for
submission at the same election, setting forth the same or
different propositions, the petition presented first shall be
given preference and the clerk shall refuse to accept any other
set of petitions. Notice of the filing of the petition and the
result of the election shall be given to the Secretary of State
at his offices in both Chicago and Springfield, Illinois. A
return of the result of the election shall be made to the clerk
of the city, village or incorporated town. If a majority of the
voters voting upon the proposition vote "Yes", the sale at
retail of alcoholic liquor shall be prohibited in the
municipality.
In the event a municipality does not vote to prohibit the
sale at retail of alcoholic liquor, the council or governing
body shall ascertain and determine what portions of the
municipality are predominantly residence districts. No license
permitting the sale of alcoholic liquors shall be issued by the
local liquor commissioner or licensing officer permitting the
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
two-thirds of the frontage, 200 feet in each direction along
the street and streets adjacent to the place of business for
which a license is sought, file with the local liquor
commissioner or licensing officer, his or their written consent
to the use of such place for the sale of alcoholic liquors.
In each township or road district lying outside the
corporate limits of a city, village or incorporated town, or in
a part of a township or road district lying partly within and
partly outside a city, village or incorporated town, the vote
of such township, road district or part thereof, shall be as a
unit. When any legal voters of any such township, or part
thereof, in counties under township organization, or any legal
voters of such road district or part thereof, in counties not
under township organization, desire to vote upon the
proposition as to whether the sale at retail of alcoholic
liquor shall be prohibited in such township or road district or
part thereof, they shall, at least 90 days before an election,
file in the office of the township or road district clerk, of
the township or road district within which the election is to
be held, a petition directed to the clerk and containing the
signatures of not less than 25% of the legal voters registered
with the county clerk from such township or road district or
part thereof. The submission of the question to the voters of
the township, road district or part thereof, at the next
ensuing election shall be mandatory when the petition has been

HB1296 - 6 - LRB101 03512 RPS 48520 b
filed in proper form with the clerk. If more than one set of
petitions are presented to the clerk for submission at the same
election, setting forth the same or different propositions, the
petition presented first shall be given preference and the
clerk shall refuse to accept any other set of petitions. A
return of the result of such election shall be made to the
clerk of the township or road district in which the territory
is situated, and shall also be made to the Secretary of State
at his offices in both Chicago and Springfield, Illinois.
(Source: P.A. 96-1008, eff. 7-6-10.)