| Find a word or phrase on this page: |
|
ARTICLE 9
LOCAL OPTION
Section 140. Applicability of chapter before local option.
141. Local option for towns.
142. Local option for cities.
143. Filing certificate of result with liquor authority.
144. Contesting validity of petition.
145. False statements and forgery.
147. Effective duration of local option determination.
S 140. Applicability of chapter before local option. Until such time
as it shall become unlawful to sell alcoholic beverages in any town or
city by the vote of the voters in such town or city in the manner
provided in this article, all of the provisions of this chapter shall
apply throughout the entire state. This article shall not apply to the
Whiteface mountain ski center, owned by the state and located in the
town of Wilmington, county of Essex.
§ 141. Local option for towns. 1. Not less than sixty days nor more
than seventy-five days before the general election in any town at which
the submission of the questions hereinafter stated is authorized by this
article, a petition signed by electors of the town to a number amounting
to twenty-five per centum of the votes cast in the town for governor at
the then last preceding gubernatorial election, acknowledged by the
signers or authenticated by witnesses as provided in the election law in
respect of a nominating petition, requesting the submission at such
election to the electors of the town of one or more of the following
questions, may be filed with the town clerk:
Question 1. Tavern alcoholic beverage license. Shall a person be
allowed to obtain a license to operate a tavern with a limited-service
menu (sandwiches, salads, soups, etc.) which permits the tavern operator
to sell alcoholic beverages for a customer to drink while the customer
is within the tavern. In addition, unopened containers of beer (such as
six-packs and kegs) may be sold "to go" for the customer to open and
drink at another location (such as, for example, at his home)?
Question 2. Restaurant alcoholic beverage license. Shall the operator
of a full-service restaurant be allowed to obtain a license which
permits the restaurant operator to sell alcoholic beverages for a
customer to drink while the customer is within the restaurant. In
addition, unopened containers of beer (such as six-packs and kegs) may
be sold "to go" for the customer to open and drink at another location
(such as, for example, at his home)?
Question 3. Year-round hotel alcoholic beverage license. Shall the
operator of a year-round hotel with a full-service restaurant be allowed
to obtain a license which permits the year-round hotel to sell alcoholic
beverages for a customer to drink while the customer is within the
hotel. In addition, unopened containers of beer (such as six-packs and
kegs) may be sold "to go" for the customer to open and drink at another
location (such as, for example, at his home)?
Question 4. Summer hotel alcoholic beverage license. Shall the
operator of a summer hotel with a full-service restaurant, open for
business only within the period from May first to October thirty-first
in each year, be allowed to obtain a license which permits the summer
hotel to sell alcoholic beverages for a customer to drink while the
customer is within the hotel. In addition, unopened containers of beer
(such as six-packs and kegs) may be sold "to go" for the customer to
open and drink at another location (such as, for example, at his home)?
Question 5. Retail package liquor or wine store license. Shall a
person be allowed to obtain a license to operate a retail package
liquor-and-wine or wine-without-liquor store, to sell "to go" unopened
bottles of liquor or wine to a customer to be taken from the store for
the customer to open and drink at another location (such as, for
example, at his home)?
Question 6. Off-premises beer and wine cooler license. Shall the
operator of a grocery store, drugstore or supply ship operating in the
harbors of Lake Erie be allowed to obtain a license which permits the
operator to sell "to go" unopened containers of beer (such as six-packs
and kegs) and wine coolers with not more than 6% alcohol to a customer
to be taken from the store for the customer to open and drink at another
location (such as, for example, at his home)?
Question 7. Baseball park, racetrack, athletic field or stadium
license. Shall a person be allowed to obtain a license which permits
the sale of beer for a patron's consumption while the patron is within a
baseball park, racetrack, or other athletic field or stadium where
admission fees are charged?
2. Upon the due filing of such petition complying with the foregoing
provisions, such questions shall be submitted in accordance therewith.
3. The town clerk shall, within five days from the filing of such
petition in his office, prepare and file in the office of the board of
elections, as defined by the election law, of the county, a certified
copy of such petition. Such questions may be submitted only at the time
of a general election. At least ten days before such general election,
the board of elections shall cause to be printed and posted in at least
four public places in such town, a notice of the fact that all of the
local option questions will be voted on at such general election; and
the said notice shall also be published at least five days before the
vote is to be taken once in a newspaper published in the county in which
such town is situated, which shall be a newspaper published in the town,
if there be one. Whenever such questions are to be submitted under the
provisions of this article the board of elections shall cause the proper
ballot labels to be printed and placed on all voting machines used in
the town in which such questions are to be submitted, in the form
prescribed by the election law in respect of other propositions or
questions, upon the face of which shall be printed in full the said
questions. Any elector qualified to vote for state officers shall be
entitled to vote upon such local option questions. As soon as the
election shall be held, a return of the votes cast and counted shall be
made as provided by law and the returns canvassed by the inspectors of
election. If a majority of the votes cast shall be in the negative on
all or any of the questions, no person shall, after such election, sell
alcoholic beverages in such town contrary to such vote or to the
provisions of this chapter; provided, however, that the result of such
vote shall not shorten the term for which any license may have been
lawfully issued under this chapter or affect the rights of the licensee
thereunder; and no person shall after such vote apply for or receive a
license to sell alcoholic beverages at retail in such town contrary to
such vote, until, by referendum as hereinafter provided for, such sale
shall again become lawful.
S 142. Local option for cities. 1. Not less than sixty days nor more
than eighty days before the general election in the year nineteen
hundred thirty-five in any city, and before any subsequent general
election in the city at which the submission of the questions
hereinafter stated is authorized by this article, a petition signed by
electors of the city to a number amounting to twenty-five per centum of
the votes cast in the city for governor at the then last preceding
gubernatorial election, requesting the submission at such election to
the electors of the city of the questions contained in either group A or
group B of section one hundred forty-one, substituting however the word
"city" for "town, " may be filed with the city clerk or, in the city of
New York, with the board of elections. If petitions praying for the
submission of the questions contained in both group A and group B are
filed, only the questions of the group mentioned in the petition first
filed shall be submitted.
(a) Opposite and on the right of the name of each elector signing such
petition shall be written his residence address by house number and
street name, if any, and otherwise by an appropriate designation, and
the date of his signing. Each signature shall be made personally by the
one whose name is signed and not by another. No signature shall be valid
or counted as to which any of such requirements is not complied with,
nor as to which the date of signing is more than four months prior to
the day of the election. No signature shall be withdrawn after the
petition is filed.
(b) At the bottom of each sheet of the petition shall be a statement,
signed by a duly qualified elector of the city, with his residence
address, stating that every signature on that sheet of the petition is
genuine and that to the best of his knowledge and belief every person so
signing was at the time thereof a qualified elector of such city, that
their respective residences are correctly stated therein and that each
signer signed the same on the date set opposite his name. Such statement
shall be sworn to before an officer authorized to administer oaths
within such city.
(c) The same petition may be either in one document or prepared and
signed in two or more documents. Such documents shall constitute one
petition and be filed as a whole.
(d) The petition shall also appoint a committee upon whom or any of
its members a summons, order or notice may be served in any proceeding
respecting the validity of the petition or of an election held pursuant
thereto, and shall also designate the chairman of such committee. The
residence address of each member of the committee shall be stated. Such
committee may fill a vacancy in its chairmanship or in its membership,
and notice of any such change shall promptly be filed with the officer
with whom the petition is required to be filed; provided, however, that
failure to file such notice shall not invalidate any proceeding under
this chapter.
(e) Upon the due filing of such a petition, complying with the
foregoing provisions, such questions shall be submitted in accordance
therewith. If the petition be filed with the city clerk, he shall within
five days from the filing thereof, prepare and file in the office of the
board of elections of the county, as defined by the election law, a
certified copy thereof.
2. The method and manner of submission, preparation and provision of
ballot labels, balloting by voting machine and conducting the election,
canvassing the result and making and filing the returns and all other
procedure with reference to the submission of and action upon any such
question shall be the same as in the case of any other proposition to be
submitted to the electors of a city at a general election as provided by
law.
3. If a majority of the votes cast shall be in the negative on any or
all of the questions, no person shall, after such election, sell
alcoholic beverages in such city contrary to such vote or to the
provisions of this chapter; provided, however, that the result of such
vote shall not shorten the term for which any license may have been
lawfully issued under this chapter or affect the rights of the licensee
thereunder; and no person shall after such vote apply for or receive a
license to sell alcoholic beverages at retail in such city contrary to
such vote, until, by referendum as hereinafter provided for, such sale
shall again become lawful.
4. If at such election the votes cast on question number one of either
group be equal or a majority thereof be in the affirmative and a
majority of the votes cast on question number two of either group be in
the negative, alcoholic beverages or beer only, as the case may be, may
nevertheless be sold in such city at retail not to be consumed on the
premises by the holder of a license to sell such beverages in such city
at retail to be consumed upon the premises.
S 143. Filing certificate of result with liquor authority. Whenever
at an election a vote shall be taken on the local option questions
pursuant to sections one hundred forty-one or one hundred forty-two in
any town or city, the officer or board charged by law with the duty of
filing a statement of the result and certificate of determination of
such election shall file a duplicate thereof with the liquor authority.
S 144. Contesting validity of petition. Proceedings may be instituted
and maintained to contest the validity, sufficiency or legality of any
petition provided for in this article, in the manner provided by the
election law, as though such petition were a certificate of nomination.
S 145. False statements and forgery. A person who forges the
signature of any person upon any petition or statement provided for in
this article shall be guilty of forgery in the third degree and on
conviction thereof be punished accordingly.
S 147. Effective duration of local option determination. 1. In any
town or city in which a vote shall be taken on any one group of local
option questions provided for in this article, no further vote shall be
submitted upon the questions contained in such group before the third
general election thereafter.
2. If at the time of any subsequent submission of such questions it
shall be lawful to sell alcoholic beverages and a majority of the votes
cast shall be in the negative on such questions, then all of the
provisions of this article applicable thereto shall become effective.