§ 141 — Local option for towns

New York § 141

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 9: Local Option

Text

§ 141. Local option for towns. 1. Not less than sixty days nor more\nthan seventy-five days before the general election in any town at which\nthe submission of the questions hereinafter stated is authorized by this\narticle, a petition signed by electors of the town to a number amounting\nto twenty-five per centum of the votes cast in the town for governor at\nthe then last preceding gubernatorial election, acknowledged by the\nsigners or authenticated by witnesses as provided in the election law in\nrespect of a nominating petition, requesting the submission at such\nelection to the electors of the town of one or more of the following\nquestions, may be filed with the town clerk:\n Question 1. Tavern alcoholic beverage license. Shall a person be\nallowed to obtain a license to operate a tavern with a limited-service\nmenu (sandwiches, salads, soups, etc.) which permits the tavern operator\nto sell alcoholic beverages for a customer to drink while the customer\nis within the tavern. In addition, unopened containers of beer (such as\nsix-packs and kegs) may be sold "to go" for the customer to open and\ndrink at another location (such as, for example, at his home)?\n Question 2. Restaurant alcoholic beverage license. Shall the operator\nof a full-service restaurant be allowed to obtain a license which\npermits the restaurant operator to sell alcoholic beverages for a\ncustomer to drink while the customer is within the restaurant. In\naddition, unopened containers of beer (such as six-packs and kegs) may\nbe sold "to go" for the customer to open and drink at another location\n(such as, for example, at his home)?\n Question 3. Year-round hotel alcoholic beverage license. Shall the\noperator of a year-round hotel with a full-service restaurant be allowed\nto obtain a license which permits the year-round hotel to sell alcoholic\nbeverages for a customer to drink while the customer is within the\nhotel. In addition, unopened containers of beer (such as six-packs and\nkegs) may be sold "to go" for the customer to open and drink at another\nlocation (such as, for example, at his home)?\n Question 4. Summer hotel alcoholic beverage license. Shall the\noperator of a summer hotel with a full-service restaurant, open for\nbusiness only within the period from May first to October thirty-first\nin each year, be allowed to obtain a license which permits the summer\nhotel to sell alcoholic beverages for a customer to drink while the\ncustomer is within the hotel. In addition, unopened containers of beer\n(such as six-packs and kegs) may be sold "to go" for the customer to\nopen and drink at another location (such as, for example, at his home)?\n Question 5. Retail package liquor or wine store license. Shall a\nperson be allowed to obtain a license to operate a retail package\nliquor-and-wine or wine-without-liquor store, to sell "to go" unopened\nbottles of liquor or wine to a customer to be taken from the store for\nthe customer to open and drink at another location (such as, for\nexample, at his home)?\n Question 6. Off-premises beer and wine cooler license. Shall the\noperator of a grocery store, drugstore or supply ship operating in the\nharbors of Lake Erie be allowed to obtain a license which permits the\noperator to sell "to go" unopened containers of beer (such as six-packs\nand kegs) and wine coolers with not more than 6% alcohol to a customer\nto be taken from the store for the customer to open and drink at another\nlocation (such as, for example, at his home)?\n Question 7. Baseball park, racetrack, athletic field or stadium\nlicense. Shall a person be allowed to obtain a license which permits\nthe sale of beer for a patron's consumption while the patron is within a\nbaseball park, racetrack, or other athletic field or stadium where\nadmission fees are charged?\n 2. Upon the due filing of such petition complying with the foregoing\nprovisions, such questions shall be submitted in accordance therewith.\n 3. The town clerk shall, within five days from the filing of such\npetition in his office, prepare and file in the office of the board of\nelections, as defined by the election law, of the county, a certified\ncopy of such petition. Such questions may be submitted only at the time\nof a general election. At least ten days before such general election,\nthe board of elections shall cause to be printed and posted in at least\nfour public places in such town, a notice of the fact that all of the\nlocal option questions will be voted on at such general election; and\nthe said notice shall also be published at least five days before the\nvote is to be taken once in a newspaper published in the county in which\nsuch town is situated, which shall be a newspaper published in the town,\nif there be one. Whenever such questions are to be submitted under the\nprovisions of this article the board of elections shall cause the proper\nballot labels to be printed and placed on all voting machines used in\nthe town in which such questions are to be submitted, in the form\nprescribed by the election law in respect of other propositions or\nquestions, upon the face of which shall be printed in full the said\nquestions. Any elector qualified to vote for state officers shall be\nentitled to vote upon such local option questions. As soon as the\nelection shall be held, a return of the votes cast and counted shall be\nmade as provided by law and the returns canvassed by the inspectors of\nelection. If a majority of the votes cast shall be in the negative on\nall or any of the questions, no person shall, after such election, sell\nalcoholic beverages in such town contrary to such vote or to the\nprovisions of this chapter; provided, however, that the result of such\nvote shall not shorten the term for which any license may have been\nlawfully issued under this chapter or affect the rights of the licensee\nthereunder; and no person shall after such vote apply for or receive a\nlicense to sell alcoholic beverages at retail in such town contrary to\nsuch vote, until, by referendum as hereinafter provided for, such sale\nshall again become lawful.\n