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Alcoholic Beverage Control Law

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Article 9 - Alcoholic Beverage Control Law

LOCAL OPTION

Section Description
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.

  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 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 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.
    (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.

  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.

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