Grants the electors of villages with the option to make unlawful the sale of alcoholic beverages within such villages if the petition therefor is approved at a general election.
STATE OF NEW YORK
________________________________________________________________________
S. 3448--A A. 5495--A
Cal. No. 974
2011-2012 Regular Sessions
SENATE - ASSEMBLY
February 22, 2011
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Investi-
gations and Government Operations -- recommitted to the Committee on
Investigations and Government Operations in accordance with Senate
Rule 6, sec. 8 -- reported favorably from said committee, ordered to
first report, amended on first report, ordered to a second report, and
to be reprinted as amended, retaining its place in the order of second
report
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Economic Development -- recommitted to the Commit-
tee on Economic Development in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the alcoholic beverage control law, in relation to
providing villages the local option to prohibit the sale of alcoholic
beverages
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The alcoholic beverage control law is amended by adding a
2 new section 141-a to read as follows:
3 § 141-a. Local option for villages. 1. Not less than sixty days nor
4 more than seventy-five days before the general election in any village
5 at which the submission of the questions hereinafter stated is author-
6 ized by this article, a petition signed by electors of the village to a
7 number amounting to twenty-five per centum of the votes cast in the
8 village for governor at the then last preceding gubernatorial election,
9 requesting the submission at such election to the electors of the
10 village of the questions contained in section one hundred forty-one of
11 this article, substituting however the word "village" for "town," may be
12 filed with the village clerk.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03749-02-2
S. 3448--A 2 A. 5495--A
1 (a) Opposite and on the right of the name of each elector signing such
2 petition shall be written his or her residence address by house number
3 and street name, if any, and otherwise by an appropriate designation,
4 and the date of his or her signing. Each signature shall be made
5 personally by the one whose name is signed and not by another. No signa-
6 ture shall be valid or counted as to which any of such requirements is
7 not complied with, nor as to which the date of signing is more than four
8 months prior to the day of the election. No signature shall be withdrawn
9 after the petition is filed.
10 (b) At the bottom of each sheet of the petition shall be a statement,
11 signed by a duly qualified elector of the village, with his or her resi-
12 dence address, stating that every signature on that sheet of the peti-
13 tion is genuine and that to the best of his or her knowledge and belief
14 every person so signing was at the time thereof a qualified elector of
15 such village, that their respective residences are correctly stated
16 therein and that each signer signed the same on the date set opposite
17 his or her name. Such statement shall be sworn to before an officer
18 authorized to administer oaths within such village.
19 (c) The same petition may be either in one document or prepared and
20 signed in two or more documents. Such documents shall constitute one
21 petition and be filed as a whole.
22 (d) The petition shall also appoint a committee upon whom or any of
23 its members a summons, order or notice may be served in any proceeding
24 respecting the validity of the petition or of an election held pursuant
25 thereto, and shall also designate the chairman of such committee. The
26 residence address of each member of the committee shall be stated. Such
27 committee may fill a vacancy in its chairmanship or in its membership,
28 and notice of any such change shall promptly be filed with the officer
29 with whom the petition is required to be filed; provided, however, that
30 failure to file such notice shall not invalidate any proceeding under
31 this chapter.
32 (e) Upon the due filing of such a petition, complying with the forego-
33 ing provisions, such questions shall be submitted in accordance there-
34 with. If the petition be filed with the village clerk, he or she shall
35 within five days from the filing thereof, prepare and file in the office
36 of the board of elections of the county, as defined by the election law,
37 a certified copy thereof.
38 2. The method and manner of submission, preparation and provision of
39 ballot labels, balloting by voting machine and conducting the election,
40 canvassing the result and making and filing the returns and all other
41 procedures with reference to the submission of and action upon any such
42 question shall be the same as in the case of any other proposition to be
43 submitted to the electors of a village at a general election as provided
44 by law.
45 3. If a majority of the votes cast shall be in the negative on any or
46 all of the questions, no person shall, after such election, sell alco-
47 holic beverages in such village contrary to such vote or to the
48 provisions of this chapter; provided, however, that the result of such
49 vote shall not shorten the term for which any license may have been
50 lawfully issued under this chapter or affect the rights of the licensee
51 thereunder; and no person shall after such vote apply for or receive a
52 license to sell alcoholic beverages at retail in such village contrary
53 to such vote, until, by referendum as hereinafter provided for, such
54 sale shall again become lawful.
55 § 2. Section 140 of the alcoholic beverage control law, as amended by
56 chapter 810 of the laws of 1981, is amended to read as follows:
S. 3448--A 3 A. 5495--A
1 § 140. Applicability of chapter before local option. Until such time
2 as it shall become unlawful to sell alcoholic beverages in any town,
3 village or city by the vote of the voters in such town, village or city
4 in the manner provided in this article, all of the provisions of this
5 chapter shall apply throughout the entire state. This article shall not
6 apply to the Whiteface mountain ski center, owned by the state and
7 located in the town of Wilmington, county of Essex.
8 § 3. Section 143 of the alcoholic beverage control law is amended to
9 read as follows:
10 § 143. Filing certificate of result with liquor authority. Whenever
11 at an election a vote shall be taken on the local option questions
12 pursuant to [sections] section one hundred forty-one, one hundred
13 forty-one-a or one hundred forty-two of this article in any town,
14 village or city, the officer or board charged by law with the duty of
15 filing a statement of the result and certificate of determination of
16 such election shall file a duplicate thereof with the liquor authority.
17 § 4. Subdivision 1 of section 147 of the alcoholic beverage control
18 law, as amended by chapter 319 of the laws of 2007, is amended to read
19 as follows:
20 1. In any town, village or city in which a vote shall be taken on any
21 one or more of the local option questions provided for in this article,
22 no further vote shall be submitted upon any local option question that
23 was presented to the voters before the second general election thereaft-
24 er.
25 § 5. This act shall take effect on the thirtieth day after it shall
26 have become a law.
