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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.
146. Alcoholic beverages to be removed from place of former
sale.
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.
S 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 the questions contained in
either group A or group B, may be filed with the town clerk:
GROUP A
Question 1. Selling alcoholic beverages to be consumed on the premises
where sold. Shall any person be authorized to sell alcoholic beverages
at retail to be consumed on premises licensed pursuant to the provisions
of section sixty-four of this chapter?
Question 2. Selling alcoholic beverages to be consumed on the premises
where sold. Shall any person be authorized to sell alcoholic beverages
at retail to be consumed on premises licensed pursuant to the provisions
of section sixty-four-a of this chapter?
Question 3. Selling alcoholic beverages not to be consumed on the
premises where sold. Shall any person be authorized to sell alcoholic
beverages at retail not to be consumed on the premises where sold in
(here insert the name of the town)?
Question 4. Selling alcoholic beverages by hotel keepers only. Shall
any person be authorized to sell alcoholic beverages at retail to be
consumed on the premises where sold but only in connection with the
business of keeping a hotel (here insert the name of the town), if the
majority of the votes cast on the first question submitted are in the
negative?
Question 5. Selling alcoholic beverages by summer hotel keepers only.
Shall any person be authorized to sell alcoholic beverages at retail to
be consumed on the premises where sold but only in connection with the
business of keeping a summer hotel within the period from May first to
October thirty-first, in (here insert the name of the town), if the
majority of the votes cast on the first question submitted are in the
negative?
GROUP B
Question 1. Selling liquor or wine to be consumed on the premises
where sold. Shall any person be authorized to sell liquor or wine at
retail to be consumed on premises licensed pursuant to the provisions of
section sixty-four of this chapter?
Question 2. Selling liquor or wine to be consumed on the premises
where sold. Shall any person be authorized to sell liquor or wine at
retail to be consumed on premises licensed pursuant to the provisions of
section sixty-four-a of this chapter?
Question 3. Selling liquor or wine not to be consumed on the premises
where sold. Shall any person be authorized to sell liquor or wine at
retail not to be consumed on the premises where sold in (here insert the
name of the town)?
Question 4. Selling liquor or wine by hotel keepers only. Shall any
person be authorized to sell liquor or wine at retail to be consumed on
the premises where sold but only in connection with the business of
keeping a hotel in (here insert the name of the town), if the majority
of the votes cast on the first question submitted are in the negative?
Question 5. Selling liquor or wine by summer hotel keepers only.
Shall any person be authorized to sell liquor or wine at retail to be
consumed on the premises where sold but only in connection with the
business of keeping a summer hotel within the period from May first to
October thirty-first, in (here insert the name of the town), if the
majority of the votes cast on the first question submitted are in the
negative?
2. Upon the due filing of such petition complying with the foregoing
provisions, such questions shall be submitted in accordance therewith.
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.
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 provided for in group A or group B, as the case
may be, 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.
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 town at retail not to be consumed on the
premises by the holder of a license to sell such beverages in such town
at retail to be consumed upon the premises.
5. Subject to the local option provisions of this section, a summer
hotel open for business only within the period from May first to October
thirty-first in each year, may be licensed in the manner provided in
this chapter to sell one or more alcoholic beverages at retail to be
consumed on the premises only.
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 146. Alcoholic beverages to be removed from place of former sale. A
person engaged in the sale of alcoholic beverages at retail or of beer
at retail only in a city or town when a local option vote is taken as
provided in this article shall remove or cause to be removed all such
beverages from the premises licensed to a place in which no grocery
store, drug store, restaurant, hotel or club is conducted, at least ten
days before the taking effect of such vote, if as a result of such vote
the sale of such beverages at such premises will become unlawful.
Failure to comply with the provisions of this section shall be
presumptive evidence that such beverages are kept for the purpose of
sale contrary to law.
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.