235 ILCS 5/9-2
2021 Illinois Compiled Statutes|Chapter 235 - LIQUOR|235 ILCS 5/ - Liquor Control Act of 1934.|Article IX - Local Referendum

 (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  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 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 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 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 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 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.)