Bill Text: NY A05495 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-31 - print number 5495a [A05495 Detail]

Download: New_York-2011-A05495-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 3448                                                  A. 5495
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   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
       IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
         to the Committee on Economic Development
       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    S 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 EITHER  GROUP  A  OR  GROUP  B  OF
   11  SECTION  ONE HUNDRED FORTY-ONE OF THIS ARTICLE, SUBSTITUTING HOWEVER THE
   12  WORD "VILLAGE" FOR "TOWN," MAY BE FILED WITH  THE  VILLAGE  CLERK.    IF
   13  PETITIONS  PRAYING FOR THE SUBMISSION OF THE QUESTIONS CONTAINED IN BOTH
   14  GROUP A AND GROUP B ARE FILED, ONLY THE QUESTIONS OF THE GROUP MENTIONED
   15  IN THE PETITION FIRST FILED SHALL BE SUBMITTED.
   16    (A) OPPOSITE AND ON THE RIGHT OF THE NAME OF EACH ELECTOR SIGNING SUCH
   17  PETITION SHALL BE WRITTEN HIS OR HER RESIDENCE ADDRESS BY  HOUSE  NUMBER
   18  AND  STREET  NAME,  IF ANY, AND OTHERWISE BY AN APPROPRIATE DESIGNATION,
   19  AND THE DATE OF HIS  OR  HER  SIGNING.  EACH  SIGNATURE  SHALL  BE  MADE
   20  PERSONALLY BY THE ONE WHOSE NAME IS SIGNED AND NOT BY ANOTHER. NO SIGNA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03749-01-1
       S. 3448                             2                            A. 5495
    1  TURE  SHALL  BE VALID OR COUNTED AS TO WHICH ANY OF SUCH REQUIREMENTS IS
    2  NOT COMPLIED WITH, NOR AS TO WHICH THE DATE OF SIGNING IS MORE THAN FOUR
    3  MONTHS PRIOR TO THE DAY OF THE ELECTION. NO SIGNATURE SHALL BE WITHDRAWN
    4  AFTER THE PETITION IS FILED.
    5    (B)  AT THE BOTTOM OF EACH SHEET OF THE PETITION SHALL BE A STATEMENT,
    6  SIGNED BY A DULY QUALIFIED ELECTOR OF THE VILLAGE, WITH HIS OR HER RESI-
    7  DENCE ADDRESS, STATING THAT EVERY SIGNATURE ON THAT SHEET OF  THE  PETI-
    8  TION  IS GENUINE AND THAT TO THE BEST OF HIS OR HER KNOWLEDGE AND BELIEF
    9  EVERY PERSON SO SIGNING WAS AT THE TIME THEREOF A QUALIFIED  ELECTOR  OF
   10  SUCH  VILLAGE,  THAT  THEIR  RESPECTIVE  RESIDENCES ARE CORRECTLY STATED
   11  THEREIN AND THAT EACH SIGNER SIGNED THE SAME ON THE  DATE  SET  OPPOSITE
   12  HIS  OR  HER  NAME.  SUCH  STATEMENT SHALL BE SWORN TO BEFORE AN OFFICER
   13  AUTHORIZED TO ADMINISTER OATHS WITHIN SUCH VILLAGE.
   14    (C) THE SAME PETITION MAY BE EITHER IN ONE DOCUMENT  OR  PREPARED  AND
   15  SIGNED  IN  TWO  OR  MORE DOCUMENTS. SUCH DOCUMENTS SHALL CONSTITUTE ONE
   16  PETITION AND BE FILED AS A WHOLE.
   17    (D) THE PETITION SHALL ALSO APPOINT A COMMITTEE UPON WHOM  OR  ANY  OF
   18  ITS  MEMBERS  A SUMMONS, ORDER OR NOTICE MAY BE SERVED IN ANY PROCEEDING
   19  RESPECTING THE VALIDITY OF THE PETITION OR OF AN ELECTION HELD  PURSUANT
   20  THERETO,  AND  SHALL  ALSO DESIGNATE THE CHAIRMAN OF SUCH COMMITTEE. THE
   21  RESIDENCE ADDRESS OF EACH MEMBER OF THE COMMITTEE SHALL BE STATED.  SUCH
   22  COMMITTEE MAY FILL A VACANCY IN ITS CHAIRMANSHIP OR IN  ITS  MEMBERSHIP,
   23  AND  NOTICE  OF ANY SUCH CHANGE SHALL PROMPTLY BE FILED WITH THE OFFICER
   24  WITH WHOM THE PETITION IS REQUIRED TO BE FILED; PROVIDED, HOWEVER,  THAT
   25  FAILURE  TO  FILE  SUCH NOTICE SHALL NOT INVALIDATE ANY PROCEEDING UNDER
   26  THIS CHAPTER.
   27    (E) UPON THE DUE FILING OF SUCH A PETITION, COMPLYING WITH THE FOREGO-
   28  ING PROVISIONS, SUCH QUESTIONS SHALL BE SUBMITTED IN  ACCORDANCE  THERE-
   29  WITH.  IF  THE PETITION BE FILED WITH THE VILLAGE CLERK, HE OR SHE SHALL
   30  WITHIN FIVE DAYS FROM THE FILING THEREOF, PREPARE AND FILE IN THE OFFICE
   31  OF THE BOARD OF ELECTIONS OF THE COUNTY, AS DEFINED BY THE ELECTION LAW,
   32  A CERTIFIED COPY THEREOF.
   33    2. THE METHOD AND MANNER OF SUBMISSION, PREPARATION AND  PROVISION  OF
   34  BALLOT  LABELS, BALLOTING BY VOTING MACHINE AND CONDUCTING THE ELECTION,
   35  CANVASSING THE RESULT AND MAKING AND FILING THE RETURNS  AND  ALL  OTHER
   36  PROCEDURES  WITH REFERENCE TO THE SUBMISSION OF AND ACTION UPON ANY SUCH
   37  QUESTION SHALL BE THE SAME AS IN THE CASE OF ANY OTHER PROPOSITION TO BE
   38  SUBMITTED TO THE ELECTORS OF A VILLAGE AT A GENERAL ELECTION AS PROVIDED
   39  BY LAW.
   40    3. IF A MAJORITY OF THE VOTES CAST SHALL BE IN THE NEGATIVE ON ANY  OR
   41  ALL  OF  THE QUESTIONS, NO PERSON SHALL, AFTER SUCH ELECTION, SELL ALCO-
   42  HOLIC BEVERAGES IN  SUCH  VILLAGE  CONTRARY  TO  SUCH  VOTE  OR  TO  THE
   43  PROVISIONS  OF  THIS CHAPTER; PROVIDED, HOWEVER, THAT THE RESULT OF SUCH
   44  VOTE SHALL NOT SHORTEN THE TERM FOR WHICH  ANY  LICENSE  MAY  HAVE  BEEN
   45  LAWFULLY  ISSUED UNDER THIS CHAPTER OR AFFECT THE RIGHTS OF THE LICENSEE
   46  THEREUNDER; AND NO PERSON SHALL AFTER SUCH VOTE APPLY FOR OR  RECEIVE  A
   47  LICENSE  TO  SELL ALCOHOLIC BEVERAGES AT RETAIL IN SUCH VILLAGE CONTRARY
   48  TO SUCH VOTE, UNTIL, BY REFERENDUM AS  HEREINAFTER  PROVIDED  FOR,  SUCH
   49  SALE SHALL AGAIN BECOME LAWFUL.
   50    4. IF AT SUCH ELECTION THE VOTES CAST ON QUESTION NUMBER ONE OF EITHER
   51  GROUP BE EQUAL OR A MAJORITY THEREOF BE IN THE AFFIRMATIVE AND A MAJORI-
   52  TY  OF  THE  VOTES CAST ON QUESTION NUMBER TWO OF EITHER GROUP BE IN THE
   53  NEGATIVE, ALCOHOLIC BEVERAGES OR BEER ONLY, AS  THE  CASE  MAY  BE,  MAY
   54  NEVERTHELESS BE SOLD IN SUCH VILLAGE AT RETAIL NOT TO BE CONSUMED ON THE
   55  PREMISES  BY  THE  HOLDER  OF  A  LICENSE TO SELL SUCH BEVERAGES IN SUCH
   56  VILLAGE AT RETAIL TO BE CONSUMED UPON THE PREMISES.
       S. 3448                             3                            A. 5495
    1    S 2. Section 140 of the alcoholic beverage control law, as amended  by
    2  chapter 810 of the laws of 1981, is amended to read as follows:
    3    S 140. Applicability  of chapter before local option.  Until such time
    4  as it shall become unlawful to sell alcoholic  beverages  in  any  town,
    5  VILLAGE  or city by the vote of the voters in such town, VILLAGE or city
    6  in the manner provided in this article, all of the  provisions  of  this
    7  chapter  shall apply throughout the entire state. This article shall not
    8  apply to the Whiteface mountain ski  center,  owned  by  the  state  and
    9  located in the town of Wilmington, county of Essex.
   10    S  3.  Section 143 of the alcoholic beverage control law is amended to
   11  read as follows:
   12    S 143. Filing certificate of result with liquor authority.    Whenever
   13  at  an  election  a  vote  shall  be taken on the local option questions
   14  pursuant to  [sections]  SECTION  one  hundred  forty-one,  ONE  HUNDRED
   15  FORTY-ONE-A  or  one  hundred  forty-two  OF  THIS  ARTICLE in any town,
   16  VILLAGE or city, the officer or board charged by law with  the  duty  of
   17  filing  a  statement  of  the result and certificate of determination of
   18  such election shall file a duplicate thereof with the liquor authority.
   19    S 4. Subdivision 1 of section 147 of the  alcoholic  beverage  control
   20  law,  as  amended by chapter 319 of the laws of 2007, is amended to read
   21  as follows:
   22    1. In any town, VILLAGE or city in which a vote shall be taken on  any
   23  one  or more of the local option questions provided for in this article,
   24  no further vote shall be submitted upon any local option  question  that
   25  was presented to the voters before the second general election thereaft-
   26  er.
   27    S  5.  This  act shall take effect on the thirtieth day after it shall
   28  have become a law.