Alcoholic Beverage Control - Local Option - Local option for towns


Published: 2014-09-22

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§ 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.