2023 Illinois Compiled Statutes › Chapter 235 - LIQUOR › 235 ILCS 5/ - Liquor Control Act of 1934. › Article IX - Local Referendum

(235 ILCS 5/Art. IX heading)
ARTICLE IX.  
		LOCAL REFERENDUM
(235 ILCS 5/9-1) (from Ch. 43, par. 166)
Sec. 9-1. 
		
		The words and phrases defined in this section and used in
this Article, unless inconsistent with the context, shall be construed
as follows:
"Precinct" means any part of a city, village or incorporated town of
over 200,000 population which was a "voting precinct" or an "election
precinct" for voting at the last general election.
"Political subdivision" means a township, road district, city,
village or incorporated town, as the case may be.
"Legal voter", insofar as the signing of a petition for a local
option election is concerned, means a person who is registered to vote at
the address shown opposite his signature on the petition or was registered
to vote at such address when he signed the petition.
"Annexed area" means a territory which has attached to and become a
part of a different political subdivision or precinct. The term shall be
an appropriate designation only until the area to which it attaches
holds a referendum hereunder.
"Disconnected area" means a territory which has detached or separated
from a political subdivision or precinct.
"Licensed establishment" means the premises specified in a retailer's
license pursuant to paragraph (d) of Section 5-1 and whose primary business
is the sale of alcoholic beverages on the premises, which premises are
located in any municipality having more than 2,000,000 inhabitants.
In the phrase, "Shall the sale at retail of alcoholic liquor (or
alcoholic liquor other than beer containing not more than 4% of alcohol
by weight) (or alcoholic liquor containing more than 4% of alcohol by
weight except in the original package and not for consumption on the
premises) be prohibited in (or at) ....?" the proper name, whether of a
"township", "road district", "precinct", "city", "village" or
"incorporated town", or the street address of the licensed
establishment, shall be understood to be inserted in the blank, and
the same shall be inserted in the petitions filed by and the ballots
prepared for the voters of any precinct, township, road district, city,
village or incorporated town.
"Clerk", with reference to cities, villages and incorporated towns,
and precinct situated therein, means the town, city or village clerk, as
the case may be; with reference to cities, villages and incorporated
towns which have by ordinance created a Board of Election Commissioners,
it means the Board of Election Commissioners; with reference to road
districts in counties not under township organization, it means the road
district clerk; with reference to townships or parts of townships lying
outside of cities, villages and incorporated towns in counties under
township organization, it means the township clerk.
"Election" as used in reference to cities, villages and incorporated
towns, means an election at a time fixed by the general election law for
choosing city, village or incorporated town officers. "Election" also means
an election at a time fixed by the general election law for choosing
county, township or road district officers.
In case an election is to be held for officers of the city, village,
incorporated town, township, or road district to which a proposition
requested pursuant to this Article shall be submitted, or for the
election of officers of a township or road district in which it is
requested that such proposition be submitted to that part of a township
or road district lying outside the corporate limits of a city, village
or incorporated town, not less than 90 days nor more than 6 months
following the filing of such petition, then the words "next ensuing
election" as used herein shall mean the next ensuing election for
officers of such city, village, incorporated town, township or road
district, regardless of any intervening elections at which residents of
such city, village, incorporated town, township or road district may vote.
(Source: P.A. 86-861; 87-347.)
(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
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.)
(235 ILCS 5/9-2a) (from Ch. 43, par. 167a)
Sec. 9-2a. 
		Sports Facilities. 
		Any vote under this Article, whenever
held, to prohibit sales at retail of alcoholic liquor (or alcoholic liquor
other than liquor containing not more than 4% of alcohol by weight) in a
precinct in a city, village or incorporated town of more than 200,000
inhabitants shall not apply to such sales at any new sports facility owned by
any unit of local government and constructed after July 7, 1988, or at
any new stadium described in subsection (a) of Section
10-215 of the Property Tax Code, or to a
sports stadium having more than 15,000 but less than 50,000 seats in any
municipality having more than 2,000,000 inhabitants, and such sales shall not
be prohibited pursuant to any vote of the legal voters in such a precinct.  It
is declared to be the law of this State, pursuant to subsections (h) and (i) of
Section 6 of Article VII of the Illinois Constitution of 1970 that the
power to determine the application of any local referendum with respect to
sales of alcoholic liquors as provided herein is an exercise of exclusive
State power and may not be exercised concurrently by any unit of local
government, including home rule units.
(Source: P.A. 88-670, eff. 12-2-94.)
(235 ILCS 5/9-2b)
Sec. 9-2b. (Repealed).
(Source: P.A. 93-996, eff. 8-23-04. Repealed by P.A. 94-282, eff. 7-21-05.)
(235 ILCS 5/9-2c)
Sec. 9-2c. Museum of Science and Industry.  Any vote under this Article, whenever held, to prohibit sales at retail of alcoholic liquor (or alcoholic liquor other than liquor containing not more than 4% of alcohol by weight) in a precinct in a city, village, or incorporated town of more than 200,000 inhabitants shall not apply to such sales at the Museum of Science and Industry in Chicago.
(Source: P.A. 98-592, eff. 11-15-13.)
(235 ILCS 5/9-2d)
Sec. 9-2d. Private institution of higher learning. Any vote under this Article, whenever held, to prohibit sales at retail of alcoholic liquor (or alcoholic liquor other than beer containing not more than 4% of alcohol by weight or alcoholic liquor containing more than 4% alcohol by
weight in the original package and not for consumption on the premises) in a precinct in a city, village, or incorporated town of more than 200,000 inhabitants shall not apply to retail sales of alcoholic liquor if:
(1)   the alcoholic liquor is sold on property owned     by a private institution of higher learning or an affiliate thereof that is bounded by the south side of 60th Street on the north, the west side of Kimbark Avenue to the east, the north side of 61st Street to the south, and the east side of Woodlawn Avenue to the west in the City of Chicago;
(2)   the alcoholic liquor is sold by a private     institution of higher learning or an affiliate thereof, by a person who leases the property owned by the private institution of higher learning or an affiliate thereof, or by a person contractually authorized to sell alcoholic liquor on the premises;
(3)   the person conducting the retail sale of     alcoholic liquor obtains all of the necessary local and State licenses authorizing the retail sale of alcoholic liquor; and
(4)   the sale of alcoholic liquor is not the     principal business to be carried on by the license holder.
(Source: P.A. 101-156, eff. 1-1-20.)
(235 ILCS 5/9-3) (from Ch. 43, par. 168)
Sec. 9-3. 
		
		A vote under the provisions of this Act, shall become
operative on the 30th day after the day of the election at which
such vote is cast.
(Source: P.A. 82-783.)
(235 ILCS 5/9-4) (from Ch. 43, par. 169)
Sec. 9-4. 
A petition for submission of the proposition shall be in
substantially the following form:
To the .... clerk of the (here insert the corporate or legal name of
the county, township, road district, city, village or incorporated
town):
The undersigned, residents and legal voters of the .... (insert the
legal name or correct designation of the political subdivision or
precinct, as the case may be), respectfully petition that you cause to
be submitted, in the manner provided by law, to the voters thereof, at
the next election, the proposition "Shall the sale at retail of
alcoholic liquor (or alcoholic liquor other than beer containing not
more than 4% of alcohol by weight) (or alcoholic liquor containing more
than 4% of alcohol by weight except in the original package and not for
consumption on the premises) be prohibited in this .... (or at the
following address ....)?"
--------------------------------------------------------------
Name of   P. O. address   Description of precinct  Date of
signer    (including      township, road district  signing
street no.,     or part thereof, as of
if any).        the last general
election
--------------------------------------------------------------
A petition for a proposition to be submitted to the voters of a precinct
shall also contain in plain and nonlegal language a description of the
precinct to which the proposition is to be submitted at the election.
The description shall describe the territory of the precinct by reference
to streets, natural or artificial landmarks, addresses, or by any other
method which would enable a voter signing such petition to be informed of
the territory of the precinct.  Each such petition for a precinct
referendum shall also contain a list of the names and addresses of all
licensees in the precinct.
Such petition shall conform to the requirements of the general election
law, as to form and signature requirements. The circulator's statement
shall include an attestation of: (1) that none of the signatures on this
petition sheet were signed more than 4 months before the filing of this
petition, or (2) the dates on which the petitioners signed the petition,
and shall be sworn to before an officer residing in the county where such
legal voters reside and authorized to administer oaths therein.  No
signature shall be revoked except by a revocation filed within 20 days from
the filing of the petition with the clerk with whom the petition is
required to be filed. Upon request of any citizen for a photostatic copy of
the petition and paying or tendering to the clerk the costs of making the
photostatic copy, the clerk shall immediately make, or cause to be made a
photostatic copy of such petition. The clerk shall also deliver to such
person, his official certification that such copy is a true copy of the
original, stating the day when such original was filed in his office.  Any
5 legal voters or any affected licensee of any political subdivision,
district or precinct in which a proposed election is about to be held as
provided for in this Act, within any time up to 72  days immediately prior
to the date of such proposed election and upon filing a bond for costs, may
contest the validity of the petitions for such election by filing a
verified petition in the Circuit Court for the county in which the
political subdivision, district or precinct is situated, setting forth
the grounds for contesting the validity of such petitions. Upon the
filing of the petition, a summons shall be issued by the Court,
addressed to the appropriate city, village, town, township or road
district clerk, notifying the clerk of the filing of the petition and
directing him to appear before the Court on behalf of the political
subdivision or district at the time named in the summons; provided, the
time shall not be less than 5 days nor more than 15 days after the
filing of the petition. The procedure in these cases, as far as may be
applicable, shall be the same as that provided for the objections to
petitions in the general election law.   Any legal voter in the political
subdivision or precinct in which such election is to be held may appear in
person or by counsel, in any such contest to defend or oppose the validity
of the petition for election.
The municipal, town or road district clerk shall certify the proposition
to be submitted at the election to the appropriate election officials, in
accordance with the general election law, unless the petition has been
determined to be invalid. If the court determines the petitions to be
invalid subsequent to the certification by the clerk, the court's order
shall be transmitted to the election officials and shall nullify such
certification.
(Source: P.A. 96-1008, eff. 7-6-10.)
(235 ILCS 5/9-5) (from Ch. 43, par. 170)
Sec. 9-5. 
		
		The appropriate election officials to whom the proposition has
been certified shall cause notice to be given in the manner provided by
the general election law of the submission of said proposition
at the next election to the voters of the political subdivision or
precinct entitled to vote thereon. Publication of the submission of such
proposition to the voters of such political subdivision or precinct
shall likewise be made in the manner provided by the general election
law; provided, the
failure of the election officials to cause such notice to be
given, or the failure to
make publication of the submission of the proposition, shall not affect
the validity or binding force of the vote upon the proposition.
(Source: P.A. 82-783.)
(235 ILCS 5/9-6) (from Ch. 43, par. 171)
Sec. 9-6. 
		
		The
proposition shall be in substantially the following form:
--------------------------------------------------------------
Shall the sale at retail of
alcoholic  liquor  (or alcoholic
liquor other than beer containing             YES
not more than 4% of alcohol by
weight) (or alcoholic liquor               -------------------
containing more than 4% alcohol by
weight in the original package
and not for consumption on the                NO
premises) be prohibited in (or at) ....?
--------------------------------------------------------------
In a precinct referendum, the proposition ballot shall also contain a common
description of the precinct in plain
and nonlegal language,
which may be prepared by the election official or adopted from the description
on the petition, unless the election official responsible for conducting the
election determines that a description cannot be included within the space
limitations on the ballot to be used in the election.  If the description
is not to be included on the ballot, the election officials
shall prepare large printed
copies of the description of the precinct together with a notice of the
proposition which shall be prominently displayed in the precinct polling
place at the election.
(Source: P.A. 86-861.)
(235 ILCS 5/9-7) (from Ch. 43, par. 172)
Sec. 9-7. 
		
		The clerk shall record in a well bound book, to be kept in his
office by himself and his successor, the result of the vote upon the
proposition. The result of the vote may be proved in all courts and in all
proceedings by this record or by the official certification of the clerk.
In cases where the record or certification shows that a majority of the
voters voting upon the proposition voted "YES", the record or certification
shall be prima facie evidence that the sale at retail of alcoholic liquor
or the sale at retail of alcoholic liquor other than beer containing not
more than 4% of alcohol by weight or the sale at retail of alcoholic liquor
containing more than 4% of alcohol by weight except in the original package
and not for consumption on the premises, as the case may be, is prohibited
in the political subdivision or precinct or at the licensed
establishment to which such vote was applicable.
(Source: P.A. 86-861.)
(235 ILCS 5/9-8) (from Ch. 43, par. 173)
Sec. 9-8. 
		
		The status of all the territory within any political subdivision
or precinct, relative to the sale at retail of alcoholic liquor, or the sale
at retail of alcoholic liquor other than beer containing not more than 4%
of alcohol by weight, or the sale at retail of alcoholic liquor containing
more than 4% of alcohol by weight except in the original package and not
for consumption on the premises, as the case may be, shall remain the same,
notwithstanding any change which may be made in the limits of any such
political subdivision or precinct until the voters thereof have changed
such status as to annexed or disconnected areas under the provisions of
Section 9-9 of this Article, or until the voters have changed such status
for areas other than annexed or disconnected areas under the provisions of
Section 9-2 or Section 9-10.
(Source: P.A. 84-716.)
(235 ILCS 5/9-9) (from Ch. 43, par. 173.1)
Sec. 9-9. 
		
		The status of an annexed area or disconnected area, relative
to the sale at retail of alcoholic liquor pursuant to Section 9-8, shall
remain the same until changed in accordance with the following
provisions:
(a) Upon the filing, in the office of the clerk of the political
subdivision or precinct of which the annexed area or disconnected area
becomes a part, of a petition directed to such clerk, containing the
signatures of not less than 25% of the legal voters residing in such
annexed or disconnected area, to submit to the voters thereof the
proposition to continue its current status, the clerk shall certify that
proposition to the proper election officials, who shall submit the proposition
to the voters of the annexed or disconnected area at an election in accordance
with the general election law. The petition shall be supported by an affidavit
made by one or more of the petitioners and stating that the signatures
represent not less than 25% of the legal voters residing in the annexed or
disconnected area. The provisions in Sections 9-1, 9-2, 9-4, 9-5, 9-6 and 9-7
shall apply except where they conflict with this Section, in which event the
provisions of this Section shall control. If a majority of the voters voting
upon such proposition in any such annexed or disconnected area vote "NO", the
current status shall cease in that area; or
(b) Upon the filing in the office of the clerk of the political
subdivision of which the annexed area or disconnected area becomes a
part of a petition directed to such clerk containing the signatures of
not less than 66 2/3% of all the legal voters residing in the annexed or
disconnected area to change the status in that annexed or disconnected
area relative to the sale at retail of alcoholic liquor by either:
(1) discontinuing any existing prohibition, or
(2) prohibiting the sale at retail of alcoholic     liquor, or
(3) prohibiting the sale at retail of alcoholic     liquor other than beer containing not more than 4% of alcohol by weight, or
(4) prohibiting the sale at retail of alcoholic     liquor containing more than 4% of alcohol by weight except in the original package and not for consumption on the premises, the requirements for an election in subsection (a) above shall be waived.
		The requirement of Section 9-4 regarding verification of a petition shall
apply to this petition. Thirty days following the filing of such petition, the
requested status, as specified in such petition, shall become effective in the
annexed or disconnected area, unless within the 30 day period, written verified
objections by a voter residing in the annexed or disconnected area are filed
with the clerk. The objections shall be limited to an attack upon the validity
of the petition and its execution. In such event, the clerk shall forthwith
submit to the Circuit Court for the county in which the area is located, the
petition and objections thereto. A hearing shall be held thereon within 30 days
after the petition and objections are filed with the court. If the court finds
that the petition is valid and properly executed, the court shall enter an
order finding that the petition is valid. Thereupon, the requested status shall
be effective. If the court finds that the petition is not valid, the petition
shall be dismissed.
(c) A vote under subsection (a) above or the filing of a valid petition
under subsection (b) above shall bar further proceedings under this Section for
47 months thereafter.
(Source: P.A. 82-783.)
(235 ILCS 5/9-10) (from Ch. 43, par. 174)
Sec. 9-10. 
		
		Upon the filing in the office of the clerk, at least 90 days
before an election in any political subdivision or precinct, as the case
may be, of a petition directed to such clerk, containing the signatures
of not less than 25% or 40% of the legal voters of the territory which has
prohibited the sale at retail of alcoholic liquor or the sale at retail
of alcoholic liquor other than beer containing not more than 4% of
alcohol by weight or the sale at retail of alcoholic liquor containing
more than 4% of alcohol by weight except in the original package and not
for consumption on the premises, or a petition directed to such clerk
containing the signatures of not less than 25% of the legal voters of a
municipality within which such territory is located, to submit
to the voters thereof the proposition to continue such prohibition, the
clerk shall certify such proposition to the proper election officials, who
shall submit the proposition at such election to the voters of such
political subdivision or precinct. Where such proposition is submitted
pursuant to a petition signed by not less than 25% of the legal
voters of a municipality within which such
territory is located, the legal voters of the entire municipality may vote
on the proposition. For the purposes of this Section, the
number of legal voters shall be computed upon the same basis as is provided
in Section 9-2 for the filing of a petition for referendum on the question
of whether the sale at retail of alcoholic liquor shall be prohibited.
So far as applicable, the provisions of Sections 9-1, 9-4, 9-5, 9-6 and 9-7
shall apply.  The proposition shall be in the following form:
--------------------------------------------------------------
Shall the prohibition of the sale
at retail of alcoholic liquor (or
alcoholic liquor other than beer        YES
containing not more than 4% of
alcohol by weight) or (alcoholic     -------------------------
liquor containing more than 4% of
alcohol by weight in the original        NO
package and not for consumption
on the premises) be continued
in (or at) .................?
--------------------------------------------------------------
In a precinct referendum, the referendum ballot shall also contain a common
description of the precinct in plain and
nonlegal language, which may be prepared by the election official or
adopted from the description on the petition, unless the election official
responsible for conducting the election determines that a description
cannot be included within the space limitations on the ballots to be used
in the election.  If the description is not to be included on the ballot,
the clerk shall prepare large printed copies of the description of the
precinct together with a notice of the proposition which shall be
prominently displayed in the precinct polling place at the election.  If a
majority of the voters voting upon such last mentioned proposition in any
such political subdivision or precinct vote "NO", such prohibition shall
cease in such political subdivision or precinct or at the applicable
licensed establishment; and where such political subdivision or precinct
is a city, village or incorporated town situated wholly or partly within
the boundaries of a township or road district having a similar prohibition,
a majority vote of the voters voting "NO" upon such proposition as above
described will result in the prohibition ceasing in that part of the
township or road district situated within such city, village or
incorporated town.  In the event the boundaries of such political
subdivision or precinct have been altered or the numbers of any precincts
have been changed subsequent to the original election making the territory
prohibited territory and prior to the filing of such petition for
resubmission of the question, only those voters actually residing in the
prohibited territory shall be eligible as signers of such resubmission
petition, except that this limitation shall not apply in the case of a
resubmission petition signed by at least 25% of the legal voters
of a municipality in which the prohibited territory is located. The
petition mentioned in this Section shall be a public document and shall be
subject to inspection by the public.
(Source: P.A. 86-861.)
(235 ILCS 5/9-10.1) (from Ch. 43, par. 174.1)
Sec. 9-10.1. 
		
		In the event a home rule municipality, as set forth in Article
VII of the Illinois Constitution, changes the status of the municipality
by ordinance so as to allow the sale at retail of alcoholic liquor in a
municipality which has previously prohibited such sale pursuant to local
referendum, such sale may be continued in that municipality even though
it subsequently ceases to be a home rule municipality. The prohibition against
the sale at retail of alcoholic beverages in such a municipality may thereafter
be reinstated pursuant to Section 9-2 or by subsequent ordinance of the municipality.
(Source: P.A. 83-736.)
(235 ILCS 5/9-11) (from Ch. 43, par. 175)
Sec. 9-11. 
		
		A vote under the provisions of this Act in and
for any political subdivision or precinct or licensed establishment
upon the proposition to prohibit the sale at retail
of alcoholic liquor or to prohibit the sale at retail of alcoholic liquor
other than beer containing not more than 4% of alcohol by weight or to
prohibit the sale at retail of alcoholic liquor containing more than 4% of
alcohol by weight except in the original package and not for consumption on
the premises or in and for any political subdivision or precinct upon the
proposition to continue any of such prohibitions shall be a bar to the
submission to the voters thereof of any of such propositions as applied to
all or any part of that political subdivision or precinct for 47 months
thereafter.
(Source: P.A. 86-861.)
(235 ILCS 5/9-12) (from Ch. 43, par. 175.1)
Sec. 9-12. 
Within 10 days after the filing of any petition under this
Article, the official with whom the petition is filed shall prepare the report hereinafter prescribed.  One copy shall be kept
on file in the official's office, and he shall, by registered mail, send
two copies to the Secretary of State, one copy to the county clerk and
one copy to the person who filed the petition.
The official shall make such report substantially in the following form:
Report of filing of petition for local option election to be held on
.... in .... (name of precinct, etc.).
Date of filing ....
By whom filed ....
Number of signers ....
Proposal(s) to be voted upon ....
.... (Official)
Immediately upon completion of the canvass of any local option
election, the official shall prepare a report of the
election result as hereinafter prescribed, shall keep one copy on
file in his office , and, within 10 days after the canvass, shall, by
registered mail, send two copies to the Secretary of State and one copy
to the county clerk.  The report shall be substantially as follows:
Report of local option election held on .... in .... (name of
precinct, etc.) upon the following proposal(s) ....
Number voting "YES" ....
Number voting "NO"  ....
.... (Official)
The official shall sign each copy of every report required by this
Section.
The Secretary of State and the county clerk shall keep on file in
their offices, available for inspection, any report received by him
pursuant to this Section.
(Source: P.A. 103-363, eff. 7-28-23.)
(235 ILCS 5/9-13) (from Ch. 43, par. 176)
Sec. 9-13. 
		
		It is unlawful to sell alcoholic liquor at retail
or to grant or
issue, or cause to be granted or issued, any license to sell alcoholic
liquor at retail within the limits of any political subdivision or precinct
or at any premises
while the prohibition against such sales is in effect, or to sell at retail
alcoholic liquor other than beer containing not more than 4% of alcohol by
weight, or to grant or issue or cause to be granted any license to sell
such alcoholic liquor at retail within the limits of such political
subdivision or precinct while the prohibition against such sales is in
effect, or to sell at retail alcoholic liquor containing more than 4% of
alcohol by weight except in the original package and not for consumption on
the premises, or to grant or issue or cause to be granted or issued any
license to sell such alcoholic liquor at retail within the limits of such
political subdivision or precinct while the prohibition against such sales
is in effect. If any such license be granted or issued in violation of this
section, the license shall be void. This section shall not prohibit the
issuance of and operation under a manufacturer's or distributor's or
importing distributor's license in accordance with law.
(Source: P.A. 86-861.)
(235 ILCS 5/9-14) (from Ch. 43, par. 177)
Sec. 9-14. 
		
		The giving away or delivery of any alcoholic liquor for the
purpose of evading any provision of this Article, or the taking of orders
or the making of agreements, at or within any political subdivision or
precinct or at any premises while such sales are prohibited, for the
sale or delivery of any
alcoholic liquor, or other shift or device to evade any provision of this
Act, shall constitute an unlawful selling.
(Source: P.A. 86-861.)
(235 ILCS 5/9-15) (from Ch. 43, par. 178)
Sec. 9-15. 
		
		All places where alcoholic liquor is sold in violation of any
provision of this Article shall be taken and held and are declared to be
common nuisances and may be abated as such.
(Source: P.A. 82-783.)
(235 ILCS 5/9-16) (from Ch. 43, par. 179)
Sec. 9-16. 
		
		Any clerk, judge of election, police officer or
other officer of
the law, who shall refuse or neglect or fail to discharge any duty imposed
by this Article, and any one who signs a petition provided for in this
Article, knowing he is not qualified to do so, or who files with the clerk
any such petition or any sheet or other part thereof knowing that it
contains the signature of a person not qualified to sign the same, or who
receives, requests or demands or gives, offers or promises any reward for
the signing or the refraining from signing of any such petition, or who by
treating or giving alcoholic liquor or anything else, or by threats to
injure another in person or property, or by betting or other device, either
directly or indirectly influences or attempts to influence anyone to sign
or refrain from signing any such petition, shall be guilty of a violation
of this Article and punishable therefor.
(Source: P.A. 82-783.)
(235 ILCS 5/9-17) (from Ch. 43, par. 180)
Sec. 9-17. 
		
		In all prosecutions under this Article, it shall not be necessary
to state the kind of liquor sold; nor to describe the place where sold; nor
to show the knowledge of the principal to convict for the acts of any agent
or servant; nor to state the name of any person to whom liquor is sold; nor
to set forth the facts showing that the required number of legal voters
petitioned for the submission to the voters of said proposition, nor that a
majority of the voters voting upon such proposition voted "YES", but it
shall be sufficient to state that the act complained of took place in a
territory where such sales were prohibited.
(Source: P.A. 84-551.)
(235 ILCS 5/9-18) (from Ch. 43, par. 181)
Sec. 9-18. 
		
		Nothing in this Article shall be construed to forbid or prevent
the sale of alcoholic liquor according to the terms of a license
theretofore regularly issued in good faith according to law until after the
final disposition of the case wherein an election result, indicating that
the sale of alcoholic liquor is prohibited, is contested. Any portion of a
license fee which shall have been paid and which represents the unexpired
period for which the license was issued after the sale at retail of
alcoholic liquor has been prohibited in a political subdivision or precinct
in which the premises described in such license is located shall be
refunded. Nothing in this Article shall be construed to forbid or prevent
the sale of alcoholic liquor by a railroad licensee on trains passing
through prohibited territory.
(Source: P.A. 82-783.)
(235 ILCS 5/9-19) (from Ch. 43, par. 182)
Sec. 9-19. 
		
		Any 5 legal voters of any political subdivision or precinct
in which an election has been held as provided for in this Act, may
within 10 days after the canvass of the returns of such election and
upon filing a bond for costs, contest the validity of such election by
filing a verified petition in the Circuit Court for the county in which
such political subdivision or precinct is situated, setting forth the
grounds for the contest. Upon the filing of such petition a summons
shall forthwith issue from such court addressed to the election official
who conducted the election, notifying the
official of the filing of such petition and directing him to appear before
the court at the
time named in the summons; provided, the time shall be not less than 5
nor more than 15 days after the filing of such petition. The procedure
in such cases, as far as applicable, shall be the same as that provided
in the general election law. Any registered voter in the political
subdivision or precinct in which the election has been held may appear
in person, or by counsel, in any such contest to defend or oppose the
validity of the election.
(Source: P.A. 82-783.)