New York State Law
Alcoholic Beverage Control Law
Consolidated Laws of New York's ABC code
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. Top of Page
Alcoholic Beverage Control Law | Law Terms Defined |
F.A.Q.'s | Law Spelling Guide
01 (1-3) | 02 (10-19) | 04 (50-57a) | 04-A (58-59) | 05 (60-67) | 06 (75-85) | 07 (90-99g) | 08 (100-131) | 09 (140-147) | 10 (150-155) | 11 (160-164)
01 (1-3) | 02 (10-19) | 04 (50-57a) | 04-A (58-59) | 05 (60-67) | 06 (75-85) | 07 (90-99g) | 08 (100-131) | 09 (140-147) | 10 (150-155) | 11 (160-164)
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