Bill Text: IL HB1351 | 2021-2022 | 102nd 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) 2021-04-23 - Rule 19(a) / Re-referred to Rules Committee [HB1351 Detail]

Download: Illinois-2021-HB1351-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB1351 Introduced , by Rep. Emanuel Chris Welch 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.
LRB102 03367 RPS 13380 b
A BILL FOR
HB1351 LRB102 03367 RPS 13380 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

HB1351 - 2 - LRB102 03367 RPS 13380 b
"Shall the sale 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

HB1351 - 3 - LRB102 03367 RPS 13380 b
to the clerk of the city, village 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

HB1351 - 4 - LRB102 03367 RPS 13380 b
of election commissioners or county clerk, as the case may be,
from the 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

HB1351 - 5 - LRB102 03367 RPS 13380 b
the sale of alcoholic liquors at any place within the
residence 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

HB1351 - 6 - LRB102 03367 RPS 13380 b
to the voters of the township, road district or part thereof,
at the next ensuing 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. 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.)