Alcoholic Beverage Control - Local Option - Local option for cities


Published: 2014-09-22

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§ 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 No signature shall be withdrawn after the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.