N.Y. Alcoholic Beverage Control Law § 141: Local option for towns

§ 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.